The regulations concerning the travel to and stay in Cuba by U.S. citizens are imposed exclusively and solely by the U.S. government, based on the "Cuban Assets Control Regulations (CACR)" established by the U.S. government; they are not imposed by the Cuban government.
All hotels and resorts within Cuba warmly welcome all foreign tourists, including U.S. citizens. There is absolutely no discrimination against U.S. citizens in Cuban accommodations.
The U.S. government asserts jurisdiction over its citizens and prohibits staying at hotels owned (partially or fully) by the Cuban government or military.
The U.S. State Department publishes two distinct lists identifying places and entities where U.S. citizens are generally prohibited from engaging in direct transactions while staying in Cuba.
The CPAL contains the names of specific properties where U.S. citizens are prohibited from staying, paying for lodging, or making reservations.
Last Updated: July 14, 2025
This List names specific "Restricted Entities" (such as the Gaviota Group) that own hotels and other businesses with which U.S. citizens are generally prohibited from engaging in direct financial transactions.
Last Updated: July 14, 2025
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) explicitly stipulates: "No person subject to U.S. jurisdiction may lodge, pay for lodging, or make any reservation for lodging at any property on the CPAL. This prohibition includes properties owned or controlled by the Cuban government, the military, prohibited officials of the Government of Cuba, or their close relatives."
Under U.S. law, travel to Cuba for tourist purposes is not permitted. U.S. citizens must fall under one of the 12 General License categories, even if entering from a third country.
Most Common Category: Support for the Cuban People (Category #8)
1) Family visits (See § 515.561)
2) Official business of the U.S. government, foreign governments, and certain intergovernmental organizations (See § 515.562)
3) Journalistic activity (See § 515.563)
4) Professional research and professional meetings (See § 515.564)
5) Educational Activities (See § 515.565)
6) Religious activities (See § 515.566)
7) Public performances, clinics, workshops, athletic and other competitions, and exhibitions (See § 515.567)
8) Support for the Cuban People (See § 515.574)：This requires a full-time schedule of activities, such as staying in private homes (casas particulares), eating at privately owned restaurants (paladares), and avoiding government-run businesses. Most travelers should utilize this category.
9) Humanitarian projects (See § 515.575)
10) Activities of private foundations or research or educational institutes (See § 515.576)
11) Exportation, importation, or transmission of information or informational materials (See § 515.545)
12) Certain export transactions (See § 515.533 and 515.559): Transactions that may be considered for authorization under existing Department of Commerce regulations and guidelines regarding Cuba, or transactions by U.S.-owned or controlled foreign firms.
Restrictions are territorial and primarily apply to "persons subject to U.S. jurisdiction" under the Cuban Assets Control Regulations (CACR).
1) U.S. citizens (regardless of the country of departure).
2) Foreign nationals residing in the U.S. (e.g., Green Card holders).
3) Anyone departing directly from the U.S. to Cuba (who must self-declare one of the 12 OFAC categories).
4) Foreign entities owned or controlled by U.S. persons.
Foreign nationals traveling from a country other than the U.S.: If a non-U.S. citizen travels directly to Cuba from Canada, the UK, Europe, etc., U.S. sanctions and OFAC restrictions regarding accommodations and travel categories do not apply. They are treated as "general tourists" by the Cuban government and may stay anywhere freely.
For non-U.S. citizens, travel to Cuba may affect future entry into the United States via the Visa Waiver Program (VWP).
1) Loss of VWP/ESTA Eligibility: Citizens of VWP countries (e.g., Japan, UK, France) who have traveled to or stayed in Cuba on or after January 12, 2021, automatically lose their eligibility for the VWP. Their ESTA will be revoked or denied.
2) Consequence: These travelers must apply for a B-1 (Business) or B-2 (Tourist) visa at a U.S. Embassy or Consulate before their next entry into the U.S.
3) OFAC Risk (Minor): Non-U.S. persons who were U.S. residents or departed from the U.S. must keep records for at least five years showing their activities in Cuba complied with an OFAC category, as they may be questioned by U.S. Customs and Border Protection (CBP).
While OFAC accommodation and category rules may not be legally binding for non-U.S. persons flying from a third country, we strongly recommend adhering to the spirit of the OFAC regulations (staying in casas particulares and avoiding restricted entities). This allows for a simple, documented defense if questioned about Cuba travel during future U.S. visa applications or immigration interviews, demonstrating that you avoided transactions with "Restricted Entities."
While Cuban hotels will rent rooms to U.S. citizens, the act of staying at or booking a prohibited facility constitutes a violation of U.S. regulations. The Cuban government does not report these transactions to U.S. authorities; however, U.S. citizens who choose to book these facilities do so at their own risk and assume all potential legal liability.
