Over the years, 1000s of US citizens have participated in a wide variety of trips and tours throughout Cuba. Some Americans have received added attention at US Immigration and some have received a Treasury Department "Requirement to Furnish Information" letter or "Prepenalty Notice", but very few are ever fined. All previous administrations refused to appoint judges to hear these cases and if OFAC couldn't coerce payment, they just quit pursuing it.

NOTE: OFAC pertains to the Treasury Department's Office of Foreign Assets and is responsible for administering the Cuba sanctions. Even though OFAC also has many anti-terrorism responsibilities, they continue to spend over 15% of their time and manpower on Americans traveling to Cuba.

[DATE]
U.S. Department of the Treasury
Office of Foreign Assets Control (OFAC)
Attn: Mr./Ms. ______________________
1500 Pennsylvania Avenue, N.W. (Annex)
Washington, D.C. 20220
FAX: 202 622-0447

Re: [INSERT YOUR NAME] (FAC #CU-[INSERT "CU" NUMBER FROM OFAC LETTER TO YOU]

Dear Mr./Ms. _______________________:

This letter is in response to your "Requirement to Furnish Information" letter to me, dated [INSERT DATE OF OFAC LETTER TO YOU] and received by me [INSERT DATE YOU ACTUALLY RECEIVED THE LETTER]. For the reasons stated below, I respectfully decline to respond.

OFAC’s regulations of transactions incidental to travel, and OFAC’s demand for information pursuant to such regulations are a violation of the rights of U.S. citizens to travel abroad, to seek information through foreign travel relevant to public issues, and to exchange information and views with foreign persons, all as guaranteed by the First and Fifth Amendments to the Constitution of the United States.

Furthermore, OFAC’s regulations regarding transactions incidental to travel, and OFAC’s demand for information pursuant to such regulations constitute discriminatory enforcement of the laws on the basis of national origin and political viewpoint, in violation of the First and Fifth Amendments to the Constitution of the United States. The imposition of any penalties is also discriminatory. Such conduct is arbitrary and capricious and in violation of the Administrative Procedure Act. In this respect, it is noted that substantial numbers of Cuban-Americans and others travel to Cuba with the knowledge of OFAC, in apparent violation of the Cuban Assets Control Regulations, but without consequence.

Furthermore, with respect to any further communication, I assert my privilege against self-incrimination under the Fifth Amendment to the Constitution of the United States.

Sincerely,

Signed_______________________________

[DATE]
Chief of Civil Penalties
Office of Foreign Assets Control
U.S. Treasury Department
1500 Pennsylvania Avenue, NW.
Washington DC 20220

Re: Response to Prepenalty Notice
FAC No. CU-[INSERT "CU" NUMBER FROM LETTER REC'D FROM OFAC]
[INSERT YOUR NAME]
[Either print this letter on stationery or add other lines here with address & phone.]

Dear Chief of Civil Penalties:

This letter is in response to the above-referenced Prepenalty Notice dated [INSERT DATE OF PREPENALTY NOTICE], which was postmarked on [INSERT DATE OF POSTMARK ON ENVELOPE] and received on [INSERT DATE NOTICE RECEIVED].

I assert my Fifth Amendment privilege against self-incrimination. I specifically reserve my right to amend or supplement this response, or to raise at a later time facts and arguments here omitted. In addition, I invoke my right to a hearing in connection with this matter. Without waiving any of my rights, I offer the following affirmative defenses:

1. The Office of Foreign Assets Control's ("OFAC") action, including the proposed penalty, is arbitrary and capricious, and fails to set forth the basis upon which said penalty or the amount thereof is based;

2. OFAC's action, including the penalty proposed, violates my due process rights;

3. OFAC's action, including the penalty proposed, is a violation of my rights to travel abroad, to seek information through foreign travel relevant to public issues, and to exchange information and views with foreign persons, all as guaranteed by the First and Fifth Amendments to the Constitution of the United States;

4. OFAC's action, including the penalty proposed, constitutes discriminatory enforcement of the laws on the bases of race, color, national origin, political viewpoint and association, in violation of the laws and the Constitution of the United States, including the First and Fifth Amendments, and is arbitrary and capricious (in this respect, it is noted that substantial numbers of Cuban-Americans and others travel to Cuba with the knowledge of OFAC, in apparent violation of the Cuban Assets Control Regulations, but without consequence);

5. The Cuban Assets Control Regulations discriminate based on national origin by allowing Cuban-Americans broader license to travel to Cuba than persons of different ethnic and national origin, and are not narrowly tailored to meet a compelling government interest, in violation of the Equal Protection Clause;

6. OFAC's proposed penalty violates my rights under the Excessive Fines Clause of the Eighth Amendment;

7. OFAC's action, including the penalty proposed, is invalid because it relies on a presumption that compels me to give evidence against myself in violation of the privilege against self-incrimination under the Fifth Amendment to the Constitution of the United States; and

8.OFAC is precluded from asserting the claims set forth in the Notice by reason of the prejudice to me and to the detriment thereof, all of which has resulted from the agency's failure to pursue said claim in a timely fashion.

I hereby request that OFAC voluntarily dismiss this matter in the interest of justice.
Signature and date:_______________________________