How to get out Americans in Cuba
You are allowed to bring informational materials (books, CDs, records, etc.) and certain types of artwork into the United States, but importing other types of Cuban goods is not allowed. Having any article, receipt, coins etc that says "hecho en Cuba" opens the door to further inquiries about having a travel license. It's best to do a pre-departure cleanup of all baggage.
Whether or not a traveller has a license to visit, it is illegal to bring into the U.S. any Cuban cigars or spirits; cigars without labels may be presumed to be Cuban, and confiscated. Violating this is likely to compound unlicensed travelers' woes, making them easier targets for prosecution. Also, if unlicensed, bringing back anything that can be identified as Cuban would cause problems, especially if US authorities decide to search your luggage.
U.S. citizens caught traveling to Cuba without a license will not be denied re-entry, but may be subject to civil penalties of several thousand dollars and/or criminal prosecution. Making false statements to USCIS agents can be added to the charges if you falsely report your travels (e.g. omitting Cuba) at the POE (port of entry), which leads some travelers to give an honest declaration along with an attempt to justify their visit under the general license if they come under scrutiny. Others simply omit Cuba and take their chances. Invoking your Fifth-Amendment right to remain silent may also come in handy when filling out forms or answering more questions whose answers might incriminate you. Simple advice is to smile, then decline to chat, because all this traveling has made you tired. Giving conflicting stories at this point could be construed as making false statements (18USC 1001). Many violators successfully avoid fines by contesting the notices, with the government backing down rather than putting the effort into prosecution and testing their restrictions in court. (The constitutionality of OFAC's "presumption of guilt" regarding spending money in Cuba has not been tested in the courts thus far.) Currently, the National Lawyers Guild and the Center for Constitutional Rights provide legal representation for U.S. citizens accused of violating these restrictions.
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The Most Frequently Asked Travel Questions about Americans in Cuba
