Obama’s baseball outing in Cuba likely illegal for ordinary Americans

But federal regulations indicate that relaxing at a ball game in Cuba is something that might easily be seen as illegal if it were tried by regular American citizens.

Obama has done his best under current law to make it easier for people to travel to Cuba, by easing licensing rules that are under his control. But the federal law still allows only 12 authorized reasons to travel to Cuba, and tourism is not one of those categories.

In answer to the question of whether tourist travel is allowed, the Treasury Department’s Office of Foreign Assets Control (OFAC) says simply, “No.”

The 12 categories of approved travel are aimed at ensuring a quality cultural exchange between Americans and Cubans. The 12 allowable reasons to travel to Cuba are: family visits, official government business, journalism, professional research, education, religious activities, public performances and athletic competitions, support for the Cuban people, humanitarian projects, private foundation activities, trade in information materials, and authorized export transactions.

Those regulations clearly envision the Tampa Bay Rays visiting Cuba to play baseball, and allow Obama to visit on government business. But OFAC’s explanation of how the regulations work suggest that a regular American citizen might have a harder time justifying a decision to see a baseball game while in Cuba.

On Tuesday, Rep. Ileana Ros-Lehtinen, R-Fla., made that point by accusing Obama of partaking in illegal tourist travel in Cuba while he was there.

Specifically, OFAC’s rules appear to shut down those kinds of attempts to sneak in a little sightseeing in Cuba, as they insist that travelers must have a “full-time schedule” of authorized activities.

“Authorized travelers to Cuba pursuant to most general license categories are expected to maintain a full-time schedule of activities consistent with the terms of the general license they are traveling pursuant to,” the agency said.

OFAC notes as one example that a professional architect could go to Cuba for a full-time conference for two days, followed by a day of meetings with Cuban officials in colonial buildings in Havana, and another day of visiting sites for reasons related to the visit.

But those same regulations give other examples that strongly suggest it’s not permitted to run out for a portion of an authorized trip to watch a game or hit the beach. One such example listed in the regulations is:

“An individual plans to travel to Cuba to rent a bicycle to explore the streets of Havana, engage in brief exchanges with shopkeepers while making purchases, and have casual conversations with waiters at restaurants and hotel staff,” the regs state. “None of these activities are educational exchange activities that will result in meaningful interaction between the traveler and individuals in Cuba, and the traveler’s trip does not qualify for the general license.”

Another example similarly shows that trips that are arranged to include some activities that are approved, and others that aren’t, do not add up to a legal trip.

“An individual plans to travel to Cuba to participate in discussions with Cuban farmers and produce sellers about cooperative farming and agricultural practices and have extended dialogue with religious leaders about the influence of African traditions and religion on society and culture,” the example reads. “The individual also plans to spend a few days engaging in brief exchanges with Cuban food vendors while spending time at the beach.”

“Only some of these activities are educational exchange activities that will result in meaningful interaction between the traveler and individuals in Cuba, and the traveler therefore does not have a full-time schedule of such activities on each day of the trip,” it added. “The trip does not qualify for the general license.”