Local Laws

CRIMINAL PENALTIES: While you are traveling in Cuba, you are subject to its laws. Foreign laws and legal systems can be vastly different from our own. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating Cuba’s laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possession, use, or trafficking in illegal drugs in Cuba are severe, and convicted offenders can expect long jail sentences and heavy fines. Those accused of drug-related and other crimes face long legal proceedings and delayed due process. In some cases, the Cuban government has not permitted U.S. consular access to Cuban-American prisoners.

Criminal penalties are also harsh for persons, including foreigners and dual nationals, suspected of assisting Cuban migrants who attempt to leave Cuba illegally. Typical jail sentences for individuals charged with migrant smuggling range from 10 to 25 years.

Traffic laws in Cuba differ greatly from those in the United States. U.S. citizen drivers involved in traffic accidents that result in the death or injury of any party may be held criminally liable, regardless of fault. The U.S. Embassy recommends extreme caution when driving in Cuba as hazardous road conditions, poor signage, and jaywalking pedestrians may result in accidents. See TRAFFIC SAFETY AND ROAD CONDITIONS for more information.

The Cuban government has strict laws prohibiting the importation of weapons. The Department of State warns all U.S. citizens against taking any type of firearm or ammunition into Cuba. Entering Cuba with a firearm or even a single round of ammunition is illegal, even if the weapon or ammunition is taken into Cuba unintentionally. The Cuban government strictly enforces laws restricting the entry of firearms and ammunition at airports and seaports, and routinely x-rays all incoming luggage. U.S. citizens entering Cuba with a weapon or any quantity of ammunition, even accidentally, are subject to fines or possible imprisonment. We strongly advise travelers to thoroughly inspect all belongings prior to travel to Cuba to avoid the accidental import of ammunition or firearms.

There are also some activities that may be legal in the country you visit, but still illegal in the United States. For example, you can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Bringing counterfeit and pirated goods into the United States may be illegal, and if you purchase them in a foreign country, you may be breaking local law as well.

While some countries will notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, the Cuban government may not, especially in the case of dual nationals. If you are arrested or detained in Cuba, you should promptly ask the authorities to notify the U.S. so that it is aware of your circumstances and may offer appropriate assistance.

SPECIAL CIRCUMSTANCES: Cuba forbids photographing military or police installations or personnel, or harbor, rail, and airport facilities.

Dual Nationality:The Government of Cuba treats U.S. citizens born in Cuba, or those born in the United States to Cuban parents, as Cuban citizens and may subject them to a range of restrictions and obligations, including military service. The Cuban government requires U.S.-Cuban dual citizens (see the State Department’s page on dual nationals) to enter and depart Cuba using a Cuban passport. Using a Cuban passport for this purpose does not jeopardize one's U.S. citizenship; however, such persons must use their U.S. passports to enter and depart the United States. Although the Cuban government lifted its exit permission requirement for most Cubans in January 2013, in some instances, dual nationals may be required to obtain exit permission from the Cuban government in order to return to the United States. There have been cases of dual nationals being forced by the Cuban government to surrender their U.S. passports. Despite these restrictions, dual nationals who fall ill may only be treated at hospitals for foreigners (except in emergencies). See the Consular Access section below for information on Cuba's denial of consular services to dual nationals who have been arrested, as well as the State Department’s Office of Children’s Issues website for information on how dual nationality may affect welfare inquiries and custody disputes.

Dual nationals should be especially wary of any attempt by Cuban authorities to compel them to sign “repatriation” documents. The Government of Cuba views a declaration of repatriation as a legal statement on the part of the dual national that he or she intends to resettle permanently in Cuba.

Consular Access to Dual Nationals: U.S. citizens are encouraged to carry a copy of their U.S. passport with them at all times so that, if questioned by local officials, proof of identity and U.S. citizenship is readily available. The original should be kept in a secure location, preferably in a safe or locked suitcase.

Cuba does not consider itself obligated to allow U.S. consular officials to have access to detained Cuban-born U.S. citizens, whom the Cuban government views as Cuban citizens only. As such, Cuban authorities do not always notify the U.S. Embassy of the arrest of dual nationals and may deny U.S. consular officers access to them. They may also withhold from U.S. authorities information concerning the welfare and treatment of dual nationals.

Currency Regulations: Since November 2004, the U.S. dollar has not been accepted for commercial transactions. Historically, U.S.-issued debit and credit cards were not accepted in Cuba, however travelers should check with their financial institution before traveling to determine whether the institution has established the necessary mechanisms for its issued debit and credit cards to be used to Cuba. The Cuban government requires the use of convertible Cuban pesos or non-convertible Cuban pesos (“moneda nacional”) for all transactions. The official exchange rate for convertible Cuban pesos (CUC) is 1 USD = 1 CUC; however, a minimum 10 percent fee for exchanging U.S. dollars and other transaction fees make the effective exchange rate at hotels, airports, and currency exchange houses lower. The current exchange rate for CUC to non-convertible Cuban pesos (CUP) is 1 CUC = 24 CUP. In 2013, the Cuban government announced plans to consolidate its dual-currency system into a single system, but to date has not provided a timeline for when this change will occur.

Cuba-related Travel Transactions: Only persons whose travel falls into the categories mentioned above (under “Entry Requirements/Travel Transaction Limitations”) may be authorized by the U.S. Department of the Treasury to spend money related to travel to, from, or within Cuba. For more information, refer to OFAC’s Cuba Sanctions website.

Licenses for Remittances: Effective September 21, 2015, the dollar limits on generally licensed remittances that may be sent to a Cuban national, other than a prohibitied official of the Government or member of the Cuban Communist Party, have been removed. For more information on the requirements relating to remittance authorizations, see OFAC’s Cuba Sanctions website.

What May Be Brought Back From Cuba: Returning U.S. travelers may carry up to 400 USD of Cuban-origin goods for personal use, 100 USD of which may be alcohol or tobacco products. Separate from this 400 USD limit, certain imports of goods produced by independent Cuban entrepreneurs are authorized, as set forth on the State Department’s Section 515.582 List. If U.S. travelers return from Cuba with unauthorized goods of Cuban origin, such goods, with the exception of informational materials, may be seized at U.S. Customs’ discretion (see 31 CFR section 515.204). Cuban cigars and rum are routinely confiscated at U.S. ports of entry. Purchasing Cuban cigars and rum in a "duty-free" shop at the Havana Airport does not exempt them from the 100 USD limitation for personal use, and if not compliant with the regulation, seizure by U.S. Customs. There are no limits on the import or export of informational materials as set forth in 31 C.F.R. section 515.206. Blank tapes and CDs are not considered informational materials and may be seized. To be considered informational material, artwork must be classified under Chapter subheading 9701, 9702, or 9703 of the Harmonized Tariff Schedule of the United States (for example, original paintings, drawings, pastels, engravings, prints, and sculptures are exempt from import and export restrictions).

WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.

LGBT RIGHTS: There are no legal restrictions on same-sex sexual relations or the organization of LGBT events in Cuba, but same-sex marriage is not legally recognized. For more detailed information about LGBT rights in Cuba you may review the State Department’s annual Country Reports on Human Rights Practices. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our LGBT Travel Information page.

ACCESSIBILITY: While in Cuba, individuals with disabilities may find accessibility and accommodation very different from in the United States. There are laws recommending that buildings, communications facilities, air travel, and other transportation services accommodate persons with disabilities, but these facilities and services are rarely accessible to persons with disabilities in practice, and information for persons with disabilities is limited. Most roads and sidewalks throughout the country are poorly maintained.