Americans can travel Legally to Cuba and also spend money there but have to acquire a 'license'.
Here are the current different licenses on the Government site that I copied.
General Licenses.
The Regulations currently contain eight general licenses authorizing travel-related transactions involving Cuba. General licenses constitute blanket authorization for those transactions set forth in the relevant regulation. No further permission from OFAC is required to engage in transactions covered by a general license. Individuals wishing to engage in the following activities involving Cuba should first review the general license contained in the Regulations to determine whether their travel-related transactions are covered by a general license:
1) visiting "close relatives" who are nationals of Cuba or visiting "close relatives" who are USA Government employees assigned to the USA Interests Section in Havana, Cuba;.
2) official business travel by officials of the USA Government, foreign governments, or Intergovernmental organizations of which the United States is a member;.
3) journalistic activities by persons regularly employed as journalists by a news reporting Organization or by persons regularly employed as supporting broadcast or technical Personnel;.
4) professional research conducted by full-time professionals in their professional areas Attendance at certain professional meetings or conferences organized by international Professional organizations, or participation in certain telecommunications-related Professional meetings;.
5) educational activities by faculty, staff, and students of accredited USA Graduate and Undergraduate degree-granting academic institutions;.
6) religious activities under the auspices of a religious organization located in the United States;.
7) the commercial marketing, sales negotiation, accompanied delivery, or servicing in Cuba of telecommunications-related items that have been authorized for commercial export or( Revised 6 May 10,2012.) Re-export by employees of, or an entity duly appointed to represent, a telecommunications services provider;.
8) the commercial marketing, sales negotiation, accompanied delivery, or servicing in Cuba of agricultural commodities, medicine, or medical devices by employees of a producer or Distributor or an entity duly appointed to represent a producer or distributor Specific licenses are not issued for transactions that are authorized pursuant to the provisions of a General license. Those individuals who determine that their activities are Authorized by a general license must be able to document that their travel qualifies under that general License and must keep records that are required to be furnished to OFAC or other law enforcement Officials (e. G. , USA Customs and Border Protection) upon demand for a period of five years after the Travel transactions take place.
Specific Licenses:
OFAC will consider the issuance of specific licenses on a case-by-case basis to permit travel-related Transactions where the proposed activity is not covered by a general license but is addressed by one of The statements of licensing policy listed in section 515.560 (a) and set forth in related sections of the Regulations.
A specific license applicant must wait for OFAC to issue the license prior to engaging in Travel-related transactions.
Individuals wishing to engage in the following travel-related transactions involving Cuba should first Review the specific license policies to determine whether their activities may qualify for a specific License:
1) visiting a close relative who is neither a national of Cuba nor a USA Government employee Assigned to the USA Interests Section in Havana, Cuba;.
2) journalistic activities for a free-lance journalistic project;.
3) professional research and professional meetings that do not qualify for the general license.
4) academic educational activities not authorized by the general license for accredited USA Graduate or undergraduate degree-granting academic institutions.
5) educational exchanges not involving academic study pursuant to a degree program and that Take place under the auspices of an organization that promotes people-to-people contact.
6) academic seminars, conferences, and workshops related to Cuba or global issues involving Cuba and sponsored or co-sponsored by the traveler's accredited USA Graduate or Undergraduate academic institution;.
7) religious activities not authorized by the general license for religious organizations located In the United States (Revised 7 May 10,2012.)
8) athletic competitions by amateur or semi-professional athletes or teams selected by the Relevant USA Federation;.
9) participation in a public performance, clinic, workshop, other athletic or non-athletic Competition, or exhibition in Cuba;.
10) activities intended to provide support for the Cuban people;.
11) humanitarian projects in or related to Cuba designed to directly benefit the Cuban people.
12) activities by private foundations or research or educational institutes that have an Established interest in international relations to collect information related to Cuba for Noncommercial purposes,
13) activities related to the exportation, importation, or transmission of information or Informational materials;.
14) the marketing, sales negotiation, accompanied delivery, or servicing in Cuba of exports That appear consistent with the export or re-export licensing policy of the Department of Commerce and that are not authorized by a general license; and
15) the marketing, sales negotiation, accompanied delivery, or servicing of medicine, medical Supplies, or certain telecommunications equipment by a USA -owned or -controlled firm in A third country to Cuba.
I applied for a license about 10 years ago and was rejected and hence I took a flight from Mexico to Havana. The travel company in MX provided the visa and medical insurance too. Cuba will not stamp your passport if you ask them not to. I had a lot of fun. Since the additional changes in Travel policy by President Obama, there are flights from Miami and also the West coast of USA to Cuba. These have to be booked through the travel agents for those 'educational' visits to Cuba for Americans from USA.
