Cuba: The different types of temporary exit permits issued by the Cuban government which authorize short-term visits abroad; whether the Cuban government issues a separate document authorizing the return of the temporary exit permit holder or whether the exit permit constitutes the return permit; whether a Cuban may lawfully re-enter Cuba if his/her exit permit has expired or whether it would be necessary to obtain a renewed permit from a Cuban embassy or consulate; under what circumstances would the Cuban embassy or consulate not grant extensions or renewals of the permit; what the penalties are for overstaying an exit permit or illegally exiting the country; whether a Cuban who has overstayed an exit permit would be barred from obtaining or less likely to obtain another exit permit in the future; whether there are any cases of Cubans who have arrested or sentenced for overstaying an exit permit; whether it is still illegal for Cubans to make a refugee claim, and if so, whether the legal provision to this effect is enforced and whether Cubans have been charged under this provision (January 1999 to present)

Additional information on the different exit permits issued by Cuba to that already found in CUB28686.E of 24 July 1998 could not be obtained by the Research Directorate within the time constraints of this Response.

According to Law No. 87 amending the Cuban Penal Code, which was passed in March 1999 by the National Assembly of the People's Government, Articles 216 and 217, which define illegal exit as a crime, remain intact and unmodified (Granma 2 Mar. 1999).

According to a document produced by Douglas Payne, an independent consultant on Latin America for the Immigration and Naturalization Service (INS), entitled Cuba: Systematic Repression of Dissent, Articles 216 and 217 define illegally exiting the country (salida illegal del país) as a crime which can be punishable by fine or by imprisonment of up to three years, and up to eight years "if force or intimidation is used" (Dec. 1998, 11).

The document states further that even though these articles have yet to be modified or eliminated by the government, "there appears to be a trend toward lighter penalties - e.g. fines and/or house arrest - particularly in cases of first-time offenders" (ibid.).

Under the US-Cuba bilateral immigration accord signed in May 1995, Cuba pledged to "ensure that no action is taken against those migrants returned to Cuba as a consequence of their attempt to emigrate illegally" (Payne Dec. 1998, 80). According to US officials in 1997, who under the accord are allowed to monitor the situation of those repatriated by the US, "Cuba had for the most part abided by its promise not to punish returnees" (ibid., 81). A May 1999 Reuters report states that the bilateral accord remains in effect in Cuba and "is generally being fulfilled" (13 May 1999).

The following information was provided by a senior fellow at the Center for International Policy (CIP) in Washington D.C. during a 9 June 1999 telephone interview with the Research Directorate. Please note that the senior fellow has served as the US Interests Section chief in Havana during the Carter administration and has, since 1992, guided the Center's efforts to broaden the American debate on Cuba. He is also the author of CIP's February 1998 report entitled Wanted: A Logical Cuba Policy.

According to the senior fellow, Cubans who have overstayed their exit permits or have made refugee claims and have had no history of political activity would not likely face any serious reprisals upon return to Cuba. However, some of these individuals may face some obstacles upon their return, such as finding themselves unemployed for reason of overstaying their exit permits or doing menial jobs, unless there is great demand in their field of work. Furthermore, some of these individuals could have difficulty obtaining another exit permit in the future if they had overstayed previous exit permits. In reference to the articles of the Penal Code defining illegally exiting the country as a crime, the senior fellow stated that the they are not stringently enforced in Cuba. He was unaware of any recent cases of persons who had overstayed their exit permits or made refugee claims being arrested or sentenced upon returning to Cuba. According to the senior fellow, the Cuban authorities would perceive illegal exiting as a greater crime than overstaying an exit permit.

Additional and/or corroborating information could not be obtained within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Granma [Havana, in Spanish]. 2 March 1999. "Text of Penal Code Reforms." (FBIS-LAT-1999-0311 2 Mar. 1999/WNC)

Payne, Douglas. December 1998. Cuba: Systematic Repression of Dissent. Washington DC: INS Resource Information Center.

Reuters. 13 May 1999. "U.S. Returns 22 Cuban Escapees Caught at Sea." CubaNet News [Internet] [Accessed on 8 June 1999]

Senior Fellow, Center for International Policy (CIP), Washington DC. 9 June 1999. Telephone interview.

Additional Sources Consulted

Amnesty International. February 1999. Cuba: Some Releases but Repression and Imprisonment Continue.

CubaNet News. 1998-1999.

Journal of Interamerican Studies and World Affairs [Miami]. 1998-1999.

Latinamerica Press [Lima]. 1998-1999.

Latin American Regional Reports: Central America and Caribbean Report [London]. 1998-1999.

NACLA Report on the Americas [New York]. 1998-1999.

Resource Centre Amnesty International Country File: Cuba. 1998-1999.

Three sources consulted did not provide information on the requested subjects.

Electronic Sources: IRB Databases, REFWORLD, LEXIS/NEXIS, Internet and WNC.