Insurance for Mexico and Cuba

[joelhemington]

Originally Posted by Montanan

FYI:

US Code of Federal Regulations
Title 33 - Navigation and Navigable Waters
Volume: 1
Date: 2018-07-01
Original Date: 2018-07-01

https://www.govinfo.gov/content/pkg/...l1-part107.xml

Title: PART 107 - NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS
Context: Title 33 - Navigation and Navigable Waters. CHAPTER I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY. SUBCHAPTER H - MARITIME SECURITY.
Pt. 107
PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS
Subpart A [Reserved]
Subpart B—Unauthorized Entry Into Cuban Territorial Waters
Sec.
107.200
Definitions.
107.205
Purpose and delegation.
107.210
Applicability.
107.215
Regulations.
107.220
Permits.
107.225
Appeals.
107.230
Enforcement.
107.240
Continuation.
Authority:
50 U.S.C. 191, 192, 194, 195; 14 U.S.C. 141; Presidential Proclamation 6867, 61 FR 8843, 3 CFR, 1996 Comp., p. 8; Presidential Proclamation 7757, 69 FR 9515 (March 1, 2004); Secretary of Homeland Security Order 2004-001; Department of Homeland Security Delegation No. 0170.1; and 33 CFR 1.05-1.
Source:
Order 2004-001, 69 FR 41372, July 8, 2004, unless otherwise noted.
Subpart A [Reserved]

Subpart B—Unauthorized Entry Into Cuban Territorial Waters

§ 107.200 Definitions.
Unless otherwise specified, as used in this subpart:
Auxiliary vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water attached to, or embarked in, another vessel to which this subpart applies.
Cuban territorial waters means the territorial sea and internal waters of Cuba determined in accordance with international law.
Owner, agent, master, officer, or person in charge means the persons or entities that maintain operational control over any vessel subject to the requirements of this subpart.
U.S. territorial waters has the same meaning as provided in 50 U.S.C. 195.
Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including auxiliary vessels.
Vessel of the United States means—
(1) A vessel documented under chapter 121 of title 46 or a vessel numbered as provided in chapter 123 of that title;
(2) A vessel owned in whole or part by—
(i) The United States or a territory, commonwealth, or possession of the United States;
(ii) A State or political subdivision thereof;
(iii) a citizen or national of the United States; or
(iv) A corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other legal entity, created and authorized to own vessels under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States; unless the vessel has been granted the nationality of a foreign nation in accordance with article 5 of the 1958 Convention on the High Seas and a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States authorized to enforce applicable provisions of United States law;
(3) A vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation;
(4) A vessel without nationality as defined in 46 U.S.C. Appendix 1903(c)(2)-(3); or
(5) A vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the 1958 Convention on the High Seas.
§ 107.205Purpose and delegation.
The purpose of this subpart is to implement Presidential Proclamation 7757, and Secretary of Homeland Security Order 2004-001. All powers and authorities granted to officers of the Coast Guard by this subpart may be delegated to other officers and agents of the Coast Guard unless otherwise prohibited by law.

§ 107.210 Applicability.
(a) This subpart applies to:
(1) Vessels of the United States less than 100 meters (328 feet) in length (and all associated auxiliary vessels) and the owners, agents, masters, officers, persons in charge, and members of the crew of such vessels, that depart U.S. territorial waters and thereafter enter Cuban territorial waters, regardless of whether such entry is made after an intervening entry into, passage through, or departure from any other foreign territory or territorial waters;
(2) Vessels of the United States less than 100 meters (328 feet) in length (and all associated auxiliary vessels) and the owners, agents, masters, officers, persons in charge, and members of the crew of such vessels that are located at or get underway from a berth, pier, mooring, or anchorage in U.S. territorial waters, or depart U.S. territorial waters with the intent to enter Cuban territorial waters; and
(3) Any person who knowingly fails to comply with this subpart or order given under this subpart, or knowingly obstructs or interferes with the exercise of any power conferred by this subpart.
(b) This subpart does not apply to: Foreign vessels, as defined by 46 U.S.C. 2101(12), public vessels, as defined by 46 U.S.C. 2101(24) operated for non-commercial purposes, or vessels of the United States entering Cuban territorial waters under force majeure.

§ 107.215 Regulations.
(a) Each person or vessel to which this subpart applies may not get underway or depart from U.S. territorial waters without a written permit from the Commander, Seventh Coast Guard District, or the District Commander's designee. Permits may be obtained pursuant to the process established in § 107.220. The owner, agent, master, or person in charge of the vessel must maintain the written permit for the vessel on board the vessel.
(b) Each person or vessel to which this subpart applies must obey any oral or written order issued by a Coast Guard Area or District Commander, or their designees, who may issue oral or written orders to control the anchorage or movement of such vessels and persons. Designees include Captains of the Port, and commissioned, warrant and petty officers of the Coast Guard.
(c) No person or vessel to which this subpart applies may obstruct or interfere with the exercise of any power conferred by this subpart.
(d) Coast Guard commissioned, warrant and petty officers may go or remain on board a vessel subject to this subpart, may place guards on the subject vessel, may remove all persons not specifically authorized by the Coast Guard to go or remain on board the subject vessel, and may take full or partial possession or control of any such vessel or part thereof, or person on board. Such actions to be taken are in the discretion of the Coast Guard Area or District Commander, or their designees, as deemed necessary to ensure compliance with this subpart and any order given pursuant thereto.
(e) Where there is a reasonable, articulable basis to believe a vessel to which this subpart applies intends to enter Cuban territorial waters, any Coast Guard commissioned, warrant, or petty officer may require the owners, agents, masters, officers, or persons in charge, or any member of the crew of any such vessel to provide verbal assurance that the vessel will not enter Cuban territorial waters as a condition for a vessel to get underway from a berth, pier, mooring, or anchorage in U.S. territorial waters, or to depart from U.S. territorial waters. A Coast Guard commissioned, warrant, or petty officer may require the owners, agents, masters, officers, or persons in charge of the vessel to identify all persons on board the vessel and provide verbal assurances that all persons on board have received actual notice of these regulations. The failure of an owner, agent, master, officer, or person in charge, or any member of the crew of any vessel (including all auxiliary vessels) to which this subpart applies to provide requested verbal assurances shall not be used as the sole basis for seizing the vessel for forfeiture under this subpart.
(f) The provisions of this subpart are in addition to any powers conferred by law upon Coast Guard commissioned, warrant, or petty officers, and not in limitation of any powers conferred by law or regulation upon such officers, or any other officers of the United States.

§ 107.220 Permits.
(a) Applications for a permit may be obtained by writing or calling the Chief of Response at Commander, Seventh Coast Guard District (dr), 909 SE First Avenue, Miami, FL 33131, telephone (305) 415-6800, or by such other means as the District Commander may make available to the public. The completed application may be returned via regular mail or facsimile to the Chief of Response at Commander, Seventh Coast Guard District (dr), 909 SE First Avenue, Miami, FL 33131, facsimile (305) 415-6809, or by other means prescribed by the District Commander for the convenience of the applicant.
(b) All applications must be written in English and legible.
(c) The information and documentation in this paragraph must be provided with the application in order for it to be complete and considered by the Coast Guard:
(1) The name, address, and telephone number of the applicant;
(2) A copy of the valid vessel registration;
(3) A copy of a valid and applicable license issued to the applicant by the U.S. Department of Commerce, Bureau of Industry and Security, pursuant to the Export Administration Regulations, 15 CFR chapter VII, subchapter C, parts 730-774 for the export of the vessel to Cuba; and
(4) A copy of a valid and applicable specific license issued by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), pursuant to the Cuban Assets Control Regulations, 31 CFR part 515, authorizing the applicant's travel-related transactions in Cuba. Applicants who do not require such an OFAC specific license shall make a written certification to that effect identifying which OFAC general license applies or explaining why no OFAC license is required.
(d) Such applications must provide the documentation required by § 107.220(c) for each person to which this subpart applies on board the particular vessel.
(e) Upon receiving an application for a permit, the Seventh Coast Guard District Commander (dr) has ten (10) calendar days from the receipt of the application to decide whether the application is complete and, if so, whether a permit will be issued or denied. Applicants will be notified in writing of the decision to issue or deny a permit. Incomplete applications will be returned to the applicant, along with the reasons why such application was deemed incomplete.
[Order 2004-001, 69 FR 41372, July 8, 2004, as amended by USCG-2011-0257, 76 FR 31833, June 2, 2011]

§ 107.225 Appeals.
(a) Upon written notification by the Coast Guard that an application has been denied, the applicant may request the Seventh Coast Guard District Commander to reconsider. The request to reconsider must be in writing, must be made within five (5) business days from the date of receipt of the initial denial, and must contain complete supporting documentation and evidence which the applicant wishes to have considered. Requests for reconsideration must be mailed to Commander, Seventh Coast Guard District (d), 909 SE First Avenue, Miami, FL 33131.
(b) Upon receipt of the request to reconsider, the Seventh Coast Guard District Commander may direct a representative to gather and submit documentation or other evidence, which, in the judgment of the Seventh District Commander, would be necessary or helpful to a resolution of the request. If gathered and submitted, a copy of this documentation and evidence shall be made available to the applicant. The applicant shall be afforded five (5) business days from the date of receipt of documentation and evidence gathered by the Seventh Coast Guard District Commander's representative to submit rebuttal materials. On or before the fifteenth (15th) calendar day following submission of all materials, the Seventh Coast Guard District Commander shall issue a ruling, in writing, on the request to reconsider. The ruling may reverse the initial denial, or, if the denial is upheld, must contain the specific basis for denial of the application upon reconsideration.
(c) The Seventh Coast Guard District Commander's denial of a request for reconsideration taken under paragraph (b) of this section constitutes final agency action.

§ 107.230 Enforcement.
(a) Unauthorized departure or entry, or both. (1) Vessels and persons to whom this subpart applies, as described in § 107.210(a)(1), that do not comply with § 107.215(a), or any order issued pursuant to this subpart may be subject to a civil penalty of not more than $25,000 for each day of violation.
(2) Vessels and persons to whom § 107.230(a)(1) applies shall be held to a standard of strict liability for any entry into Cuban territorial waters without a permit or for failure to maintain the permit for the vessel on board the vessel as required under this subpart, except that strict liability will not be imposed if the failure to obtain or carry a permit results primarily from an act of war, force majeure, or the negligence of the United States.
(b) Knowing failure to comply. Any person to whom this subpart applies as described in §§ 107.210(a)(2) or (a)(3) who knowingly fails to comply with this subpart or order given under this subpart, or knowingly obstructs or interferes with the exercise of any power conferred by this subpart may be subject to:
(1) Imprisonment for not more than 10 years;
(2) A monetary penalty of not more than $10,000;
(3) Seizure and forfeiture of the vessel; and
(4) A civil penalty of not more than $25,000 for each day of violation.
(c) False Statements. Violation of 18 U.S.C. 1001 may result in imprisonment for not more than five years or a fine, or both.
(d) Other enforcement. The civil penalties provided for in this subpart are separate from and in addition to any enforcement action that any other agency may seek for violations of the statutes and regulations administered by such agencies.

§ 107.240 Continuation.
This subpart will continue to be enforced so long as the national emergency with respect to Cuba, and the emergency authority relating to the regulation of the anchorage and movement of vessels declared in Proclamation 6867, and expanded in scope by Proclamation 7757, continues.

Holy Cow! All that to say don't go to Cuba? I guess we know how our tax dollars are being spent

[Elie]

-+
For us, Canadians, this policy toward Cuba and persistant embargo, is more that a bit strange. Just to compare, the American attitude for Vietnam where war killed more than forty thousand */
young Americans, in a savage war . But it seems all forgotten, and Vietnam still a comunist country, js a friendly and open for business and travel. But poor Cuba, so close to the Florida shores, is still under pressure and essentialy embargoed
from the USA. Strange!.

[captlloyd]

Originally Posted by Elie

-+
For us, Canadians, this policy toward Cuba and persistant embargo, is more that a bit strange. Just to compare, the American attitude for Vietnam where war killed more than forty thousand */
young Americans, in a savage war . But it seems all forgotten, and Vietnam still a comunist country, js a friendly and open for business and travel. But poor Cuba, so close to the Florida shores, is still under pressure and essentialy embargoed
from the USA. Strange!.

Absolutely ! At a time when our economy needs a boost we need to reach out to more potential trading partners.

[Montanan]

Originally Posted by Elie

-+
For us, Canadians, this policy toward Cuba and persistant embargo, is more that a bit strange. Just to compare, the American attitude for Vietnam where war killed more than forty thousand */
young Americans, in a savage war . But it seems all forgotten, and Vietnam still a comunist country, js a friendly and open for business and travel. But poor Cuba, so close to the Florida shores, is still under pressure and essentialy embargoed
from the USA. Strange!.

Not at all strange if one is of Cuban ancestry or birth of which there are many in the USA and likely comparatively very few in Canada. There being a continuous migration from Cuba to the USA [rather similar to the vast migration from Puerto Rico to the USA] Cubans are leaving their country to come to the USA for powerful underlying reasons, if you do not understand their motivations to immigrate to the USA then one does not understand the dynamics occurring in Cuba. Perceiving Cuba from the status of being a tourista does not give one the understanding of the trials and tribulations of the people.

Some demographic facts:

An analysis of the U.S. Census Bureau’s American Community Survey. Cubans in this statistical profile are people who self-identified as Hispanics of Cuban origin; this includes immigrants from Cuba and those who trace their family ancestry to Cuba.

Cubans are the third-largest population (tied with Salvadorans) of Hispanic origin living in the United States, accounting for 4% of the U.S. Hispanic population in 2017. Since 2000, the Cuban-origin population has increased 84%, growing from 1.2 million to 2.3 million over the period. At the same time, the Cuban foreign-born population living in the U.S. grew by 50%, from 853,000 in 2000 to 1.3 million in 2017.

Immigration status

Among Hispanics in the U.S., about 33% are foreign born, compared with 56% of U.S. Cubans.
About 43% of foreign-born Cubans have been in the U.S. for over 20 years, and 58% of foreign-born Cubans are U.S. citizens.

Top states of residence
The Cuban population is concentrated in Florida (66%), California (5%) and New Jersey (4%).

Historical context:

Before the Louisiana Purchase and the Adams–Onís Treaty of 1819, Spanish Florida, and when divided during British occupation, to be East Florida and West Florida, including what is now Florida and the Gulf Coast west to the Mississippi River were provinces of the Captaincy General of Cuba (Captain General being the Spanish title equivalent to the British colonial Governor). Consequently, Cuban immigration to the U.S. has a long history.

Then there was the Spanish–American War (Spanish: Guerra hispano-estadounidense or Guerra hispano-americana; Filipino: Digmaang Espanyol-Amerikano) of 1898. On April 20, 1898, McKinley signed a joint Congressional resolution demanding Spanish withdrawal and authorizing the President to use military force to help Cuba gain independence from Spanish colonial rule. In response, Spain severed diplomatic relations with the United States on April 21. On the same day, the U.S. Navy began a blockade of Cuba. Both sides declared war; neither had allies. The 10-week war was fought in both the Caribbean and the Pacific. The Treaty of Paris concluded by the First Occupation of Cuba in 1998 and the Platt Amendment. The Platt Amendment defined the terms by which the United States would cease its occupation of Cuba. The amendment, placed into an army appropriations bill was designed to give back control of Cuba to the Cuban people. It had eight conditions to which the Cuban Government needed to adhere to before full sovereignty would be transferred. The main conditions of the amendment prohibited Cuba from signing any treaty allowing foreign powers to use the island for military purposes. The United States also maintained the right to interfere with Cuban independence in order to maintain a certain level of protection of life, though the extent of this intrusion was not defined. Most significant, the amendment forced the Cuban Government to sign a treaty officially binding the amendment to law. The Platt Amendment was incorporated into Cuba's 1901 constitution and accorded Cuba's independence and sovereignty and the birth of the Republic of Cuba. In 1906, the government of Cuba's first elected President Tomas Estrada Palma collapsed and the US President Theodore Roosevelt order US forces to reoccupy Cuba and to quell the infighting. Their mission was to prevent fighting between the Cubans, to protect U.S. economic interests there, and to hold free elections in order to establish a new and legitimate government. Following the election of José Miguel Gómez in November 1908, U.S. officials judged the situation in Cuba sufficiently stable for the U.S. to withdraw its troops, a process that was completed in February 1909.

Interestingly, the United States government initially reacted favorably to the Cuban revolution of 1959 and the overthrow of Batista, seeing it as part of a movement to bring democracy to Latin America. Relationships with the Castro lead regime deteriorated when Castro formed the Communist Party. Then there was the alignment with the Soviet Union and the imposition of nuclear missiles on the island which of course contradicted the Platt Amendment, reference the key attribute thereof denoted above. Cuba's contravention of the Platt Amendment is the basis of the embargo and long estrangement of relationship. My Cuban / USA History lesson now largely concluded.

As sailors, lest we never forget the Marielitos. The large wave (an estimated 125,000 people) of Cuban immigration that occurred in the early 1980s with the Mariel boatlifts. I am quite certain that not a single Marielitos arrived by boat into Canada as that would have been a truly long voyage with a small boat. To this day, Cubans are not allowed to own or build a large boat because Cuba fears the use of such craft for immigration purposes. That is why one will not find any facilities for repair or service of yachts on the island or in the marinas.

Before the 1980s, all refugees from Cuba were welcomed into the United States as political refugees. This changed in the 1990s so that only Cubans who reach U.S. soil are granted refuge under the "wet foot, dry foot policy". While representing a tightening of U.S. immigration policy, the wet foot, dry foot policy still affords Cubans a privileged position relative to other immigrants to the U.S. This privileged position is the source of a certain friction between Cuban Americans and other Latino citizens and residents in the United States, adding to the tension caused by the divergent foreign policy interests pursued by conservative Cuban Americans. Cuban immigration also continues with an allotted number of Cubans (20,000 per year) provided legal U.S. visas.

[Montanan]

Originally Posted by captlloyd

Absolutely ! At a time when our economy needs a boost we need to reach out to more potential trading partners.

Like starting with renewing affairs with China, the world's largest population and our largest trading partner.

[captlloyd]

Montanan you will get no arguments from me on the successes and failures of the Castro Regime. Successes, a few, failures, many. One might argue the people were better off under the Batista Regime. But let us all move forward and stop living in the past. As far as Cubans moving to the US, sure, after scratching for every damn thing you need to live decently for decades, I’d try to move too. It is so unnecessary.

[Montanan]

Originally Posted by joelhemington

Holy Cow! All that to say don't go to Cuba? I guess we know how our tax dollars are being spent

The C.F.R. is a fascinating read, great for mitigating insomnia. Almost as interesting of a plot line as the Internal Revenue Code. And many new pages are added to both code books almost every day.

As Paul Harvey used to conclude his remarks: Know you know the rest of the story.

https://www.youtube.com/watch?v=QblkQ-J6zio

[Montanan]

P.S.:

I am not advocating a position as to US Cuban relationships. Just merely sharing by posting the reality. Detailed knowledge of such is important if one is an American and is considering a voyage there.

Fair winds and happy sailings.

[TabbyCat]

A few UK companies did cover Cuba in the past, but after a claim or two rolled in, they realized that the premiums they had collected for the amendment were not anywhere near sufficient to cover the costs of repairs. Parts are hard to get there and it's nearly impossible to fly in a surveyor to inspect the damage. So they have all ceased covering that lovely island. Plus it is on the trade restricted list, so US companies are prohibited from offering coverage. So if you go there, you will be self-insured. You may even void your policy.

[captlloyd]

Originally Posted by TabbyCat

A few UK companies did cover Cuba in the past, but after a claim or two rolled in, they realized that the premiums they had collected for the amendment were not anywhere near sufficient to cover the costs of repairs. Parts are hard to get there and it's nearly impossible to fly in a surveyor to inspect the damage. So they have all ceased covering that lovely island. Plus it is on the trade restricted list, so US companies are prohibited from offering coverage. So if you go there, you will be self-insured. You may even void your policy.

Thanks for the reply but I don’t think you comprehended my question at all.