Sailboat race to Cuba may have violated federal regulations

The Associated Press ^ | 5/30/2003 | Staff

[Luis Gonzalez]

KEY WEST -- About 20 sailboats competing in an annual race to Cuba were expected to return this weekend carrying concerns that they may have violated federal regulations by making the trip.

Crews competing in the Key West Sailing Club Conch Republic Cup departed May 22 for Havana and several Cuban shore communities after receiving pre-race warnings they would be violating U.S. Department of Commerce licensing regulations.

It was unclear whether the boaters would face penalties when they return.

John Young, director of Conchord Cayo Hueso, a local humanitarian aid group, told the Key West Citizen the boaters were participating in an activity that has been going on with the government's approval for more than a decade.

The sailors took with them an approved amount of humanitarian aid, including medicine, educational supplies, books and food for the Cuban people. Young said they hold a valid export license letting them ``carry out the export transaction by transport.''

But when the group was receiving its weather briefing at a pre-race party May 21, they were interrupted by agents from the Bureau of Immigration and Customs Enforcement and Coast Guard Investigative Services.

Zach Mann, an ICE spokesman, said Friday that the group was told they did not have a Department of Commerce license to take any boats from the United States to Cuba.

But he said the boaters may have received permission from the U.S. Coast Guard to sail and may have been in compliance with the federal government's Office of Foreign Assets Control permit rules for supplying humanitarian aid.

Friday calls to the Coast Guard about the race were referred to the U.S. Department of Commerce. A Commerce spokesman referred calls to the U.S. Treasury Department. A Treasury spokesman did not return a phone call.

Moments before departing for the race, agents reminded the boaters that they would be violating the law if they chose to leave. A race participant told Young in an e-mail after she arrived in Cuba that Commerce agents handed out pieces of paper to the boats before they left the dock, telling them the medical supplies were covered, but not the boats.

She said pictures were taken of the boats. Young said boaters became worried when agents told them the vessels would be confiscated and fines would be issued to all who participated without the specified permit.

Mann said the seizure of the boats would likely be a worst-case scenario. He said if the crew members cleared customs and immigration upon their return, Commerce officials would need to consider any possible violations.

``It may be a non-incident,'' Mann said.

Young said the boaters are within all the guidelines outlined on the license.

``It is our inalienable right to travel, particularly to Cuba,'' he said. ``There's no war there. The Cuban people love us. I think we have a moral obligation to help them. They are our friends and neighbors. There is no reason for this and we're going to stand up to it.''

Young did not return a phone call Friday. Peter Goldsmith, an organizer of the race, did not return an email Friday and could not be reached for comment.

[Luis Gonzalez]

If we stop these guys before they reach shore, can we send them back to Cuba?

[FLAUSA]

This is not the only annual sailboat "race" that travels to Cuba. My mother-in-law and Father-in-law went down there a few years ago and really enjoyed it. Cuban people were very nice and the American dollar was the preferred unit of exchange.

[Alamo-Girl]

Thanks for the heads up!

[coloradan]

Sailboat racing is federally regulated?

[Catspaw]

I've read reports about this race in sailing magazines for a number of years. I wonder why they've decided to crack down on it now?

[toddst]

I've read reports about this race in sailing magazines for a number of years. I wonder why they've decided to crack down on it now?

Feds wanting to look like they're doing some sort of terrorism-related job? Who knows. Feds are Feds. Make points with the WH? Pretty goofy and a waste of time and resources. Go chase illegals, guys!

[Sam Cree]

I'm sure this race is lots of fun, but why do these guys have to have fun in a way that supports the commie dictator?

Most everyone else manages to find some other way to have a good time.

[daviddennis]

I'm sympathetic for the racers in that the feds waited until they were about to leave before pronouncing the race illegal.

Since the racers did apply for the permits, and they got the ones they needed, I don't think this race is any different in spirit from Cuban families being allowed to send money to their members already in Cuba. In fact, it's better since the supplies are being sent directly to Cubans, not through Castro's government. So this event is not supporting Castro's government at all.

Except in a symbolic way. Personally, I would have been a bit queazy about going this year, thanks to all those 20-28 year sentences for dissidents. That's more than I can stomach.

At the same time, I can't see it in my heart to penalize these people, since they thought they had set it up legally. It's not fair - in fact, I would say it's highly un-American - to change the rules in the middle of the game.

Is anyone but me shocked that there are more books in a typical Los Angeles bookstore on travel to Cuba, which is banned, than on travel to Brazil, which is not? In fact, there are about double or triple the number of books! Are a lot of people going, or is a banned destination inherently better for armchair travel?

D

[Sam Cree]

Yeah, the support is probably mostly symbolic, but of course propaganda has always been important to dictators, IMO these sailors are providing Castro with just that.

But, like you, I don't see penalizing these guys either, under the circumstances. I do feel that they are doing something that is wrong, however.

Some folks from here (Miami) do make the trip to Cuba for the fun and adventure of it, as these guys have done. There are even fishing tournaments there that I have heard are a good time. One of my buddies, a charter skipper, just got back from one. I was a little nauseated hearing him tell how great everything was there, even mentioning the good medical care that his client got from Castro's socialized medicine.

I'd like to go too, but won't, until the communist dictator is gone.

[Sam Cree]

Went to your website, very nice. I see you are a sailor too.

[Arpege92]

"Feds wanting to look like they're doing some sort of terrorism-related job? Who knows. Feds are Feds. Make points with the WH? Pretty goofy and a waste of time and rescources. Go chase illegals, guys!"


So it has nothing to do with Castro or terrorism huh?

[Rebelbase]

We should have invaded the island with Nikes, Pepsi and MTV 10 years ago. Castro would be gone by now, IMO.

[toddst]

So it has nothing to do with Castro or terrorism huh?

Nothing to do with either, in the real world. A bunch of boaters taking medical supplies to Cuba - all approved items. You have a problem with this?

More Feds doing nothing constructive. Makes them look busy, is about all.

[Arpege92]

Hey, I congratulate those who took medical supplies to Cuba.....my point is, when our country is involved in hunting down terrorists, they are leaving no stone un turned and that include Cuba. Castro is a dictator as was Saddam and I wouldn't put it past Castro to take a few shots at those who bring the supplies.

The Feds have been cracking down on all who may be a threat to our country.....why should Cuba be any different?

[Arpege92]

"Nothing to do with either, in the real world."


The real world? I'm not aware of any other kind.

[toddst]

The Feds have been cracking down on all who may be a threat to our country.....why should Cuba be any different?

The only ones being attacked in this case are those participating in the race. Total waste of time and resources.

[Arpege92]

It is just not safe enough in this world today to go sailing off to Cuba. How do we know these people won't be used as pawns? S_it happens and I don't blame the Feds.....they are only doing what they are supposed to do.

[toddst]

It is just not safe enough in this world today to go sailing off to Cuba. . . . S_it happens and I don't blame the Feds.....they are only doing what they are supposed to do.

If you believe this (I do not) we only can agree to disagree.

[PhilDragoo]

What's the worst that could happen? Castro would scramble Migs to kill them?

Oh. That did happen. And the eager beaver feds did. . .nada.