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A Reminder....

mrjinglesusa

mrjinglesusa

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With all the newbies joining recently I thought this was a worthwhile read. If you have been wondering why it is taboo to openly discuss sources for Cuban cigars on this board, please read the following. Posted on another board:

Prohibitions on Cuban Cigars

The revival of interest in cigars and cigar smoking underscores the need to remind the public of the prohibitions that have been in place for many years with respect to cigars of Cuban origin. The number of attempted importations of Cuban cigars into the United States is rising and because dealing in such cigars may lead to Treasury enforcement actions, the public should be aware of — and make every effort to observe — the prohibitions which are in effect.

There is a total ban on the importation into the United States of Cuban-origin cigars and other Cuban-origin tobacco products. This prohibition extends to such products acquired in Cuba, irrespective of whether a traveler is licensed by Office of Foreign Asset Controls (OFAC) to engage in Cuba travel-related transactions, and to such products acquired in third countries by any U.S. Traveler, including purchases at duty-free shops. Contrary to what many people may believe, it is illegal for travelers to bring into the United States Cuban cigars acquired in third countries, such as Canada, United Kingdom, or Mexico.

Importation of Cuban-origin cigars and other Cuban-origin tobacco products is prohibited whether the goods are purchased by the importer or given to the importer as a gift. Similarly, the import ban extends to Cuban-origin cigars and other Cuban-origin tobacco products offered for sale over the Internet or through a catalog.

It is also illegal for U.S. persons to buy, sell, trade, or otherwise engage in transactions involving illegally-imported Cuban cigars. The penalties for doing so include, in addition to confiscation of the cigars, civil fines of up to $55,000 per violation and in appropriate cases, criminal prosecution which may result in higher fines and/or imprisonment.

These prohibitions are applicable to all goods of Cuban origin and are an important element of the comprehensive program of economic sanctions against the Cuban Government which have been in place since 1963. Those sanctions have had the support of the last seven Administrations.

The U.S. Treasury Department, Office of Foreign Assets Control (OFAC), administers the embargo of Cuba.

The above is a direct quote from the U.S. Customs Office website: http://www.cbp.gov/xp/cgov/travel/alerts/cuban_cigars.xml
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What a crock of bull***t...while I am not Cuban, I do live in southern Florida, so maybe have a slightly different perspective on it, but IMHO one of the fastest ways to end what's going on there would be to lift the embargo and let US$$$ flow into the island...I think it's our government that has caused Cuba to remain as it has been for the last 40+ years...how long would those people down there support the type of government (or lack thereof) and a dictator, if money were readily available and none of them saw any of it coming their way?:angry2:
 
Neuromancer said:
What a crock of bull***t...while I am not Cuban, I do live in southern Florida, so maybe have a slightly different perspective on it, but IMHO one of the fastest ways to end what's going on there would be to lift the embargo and let US$$$ flow into the island...I think it's our government that has caused Cuba to remain as it has been for the last 40+ years...how long would those people down there support the type of government (or lack thereof) and a dictator, if money were readily available and none of them saw any of it coming their way?:angry2:
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On a rational level, I agree with you... because if you bring in commerce, you necessarily bring in information and communication... which will do a lot to undo the reality distortion field under which many Cubans live.

However, for what it's worth, the Cuban community in S.Flordia generally has a different view of things. Regardless, the point of this thread isn't to discuss the merits of said policy, but rather state what the policy is as a reminder to people here.
 
Good post...Although I've never heard of people getting fined (okay may'be this one guy who was carrying 100+ boxes across the border :laugh: ). But it's good to know (I think) that I could owe the gov't $55k :0 :whistling:
 
Can I ask what U.S. Persons means, i get that it is illegal to traffic in illegal goods. My question is what if I am a Canadian that lives in the US with a green card. And i deicide to travel to Cuba via third country, does that violate my visa? I doubt anyone knows, but just a what if.

- K
 
I would imagine you would have to follow the countries rules you were living in, green card or not. I don't see it being an exception. But yes I suppose it would be easier to "warp" the system that way.
 
I'm no attorney but if you are a U.S. resident I'm sure you would come under the same draconian restrictions as U.S. citizens. It is my understanding that it is also illegal for US persons to travel to countries outside the U.S. and buy and consume "contraband" outside the U.S. Welcome to the the home of the brave and the land of the free.
 
Woah woah woah, armedak, are you saying that an American can't legally smoke a cuban WHILE THEY ARE IN CANADA???

How can that be? Please tell me I misunderstand your post. :angry2:
 
If you are in the states on a foreign visa, you must follow the rules/laws of said country or your visa can be revoked. My brother-in-law is a German citizen until his immigration is finalized, but he is to follow all rules and regulations of the United States. He cannot bring embargoed items into the states, just like you and I. The only exception is to those who carry diplomatic immunity.

And yes, it is illegal for a US citizen to consume a Cuban cigar while on foreign soil.
 
Oh ****. Here we go. Please folks, this thread is simply to remind everyone, especially the newer folks of the faux-paus of discussing Cuban cigars.


Oh wait, that's already been said, and this thread's going down the ****ter anyways...
 
Are we sure it is illegal for US residents to consume goods from cuba, north korea, iran, and the other rogue states around the world. Reading Charlie Wilson's war over vacay. There was a funny story about Charlie Wilson (Rep from Texas) being investigated for various things. One of which was using cocaine, and all they had on hime was that he snuffed the powder while in the Caymans, and they could not do anything about it since it was out of the Jurisdiction of the US.

So my long winded point is, is it really illegal to go to canada and smoke a cuban? Yes it is illegal to bring back to the states, it is illegal to own it here, and smoke it as well.

- K
 
Read the Trading with the Enemy Act... it is illegal.
 
Reading the posting closer, I do not see anything about consuming in a third country.

It is also illegal for U.S. persons to buy, sell, trade, or otherwise engage in transactions involving illegally-imported Cuban cigars.

I think this is what people are talking about but it involves dealing with ISOMs in the states that are illegal in the first place.

Man I wish we had a lawyer here. :angry:

I guess the best advice is avoid it all together.

- K
 
EDIT: Looks like Matt R beat me to the punch, sorry i should have googled before i spoke. :blush:

I took your advice and looked it up. Google is great!

Here is a link if anyone is interested:
http://www.treas.gov/offices/enforcement/o...ons/t11cuba.pdf

This is from the Introduction:

INTRODUCTION - The Cuban Assets Control Regulations, 31 CFR
Part 515 (the “Regulations”) were issued by the U.S. Government on 8
July 1963 under the Trading With the Enemy Act in response to certain
hostile actions by the Cuban government. They are still in force today and
affect all U.S. citizens and permanent residents wherever they are
located, all people and organizations physically in the United States, and
all branches and subsidiaries of U.S. organizations throughout the world.
The Regulations are administered by the U.S. Treasury Department's
Office of Foreign Assets Control. The basic goal of the sanctions is to
isolate the Cuban government economically and deprive it of U.S. dollars.
Criminal penalties for violating the sanctions range up to 10 years in
prison, $1,000,000 in corporate fines, and $250,000 in individual fines.
Civil penalties up to $55,000 per violation may also be imposed. Please
note that the Regulations require those dealing with Cuba to maintain
records and, upon request from the U.S. Treasury Department, to
furnish information regarding such dealings.
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So the answer appears yes it is illegal to do any business either directly with ISOM, any person representing ISOM, or in any third country if you are subject to US Jurisdiction.

So that is no cigar for all of us.
 
515.204 Importation of and dealings in certain merchandise.
(a) Except as specifically authorized by the Secretary of the Treasury (or any person, agency, or instrumentality designated by him) by means of regulations, rulings, instructions, licenses, or otherwise, no person subject to the jurisdiction of the United States may purchase, transport, import, or otherwise deal in or engage in any transaction with respect to any merchandise outside the United States if such merchandise:

(1) Is of Cuban origin; or

(2) Is or has been located in or transported from or through Cuba; or

(3) Is made or derived in whole or in part of any article which is the growth, produce or manufacture of Cuba.
 
Not a pain at all.... I have been around these kind of questions for a long time and it's always a helpful answer to new smokers. I have all this stuff book-marked. LOL!
 
Ahhh, the wonderful benefits of U.S. citzenship ain't it great. Just the tip of the iceberg really. It gets worse... much worse. The United States is one of only two countries in the world which taxes it citizens on worldwide income no matter where they live, do business, or exist. Guess which country is the second one!! Libya!! So, if you think you can just pack up and move to Canada and smoke all the Havana's you want think again. You can't even renounce citizenship to get completely around these issues.

In 1996, the U.S goverment passed legislation which requires taxation of worldwide income for ten years for citizens who even take the drastic step of renouncing citzenship if their net worth is over 250K or annual income is greater than 60K. Sad but true and it only going to get worse in the name of protecting us from terrorism.
 
armedak said:
Ahhh, the wonderful benefits of U.S. citzenship ain't it great. Just the tip of the iceberg really. It gets worse... much worse. The United States is one of only two countries in the world which taxes it citizens on worldwide income no matter where they live, do business, or exist. Guess which country is the second one!! Libya!! So, if you think you can just pack up and move to Canada and smoke all the Havana's you want think again. You can't even renounce citizenship to get completely around these issues.

In 1996, the U.S goverment passed legislation which requires taxation of worldwide income for ten years for citizens who even take the drastic step of renouncing citzenship if their net worth is over 250K or annual income is greater than 60K. Sad but true and it only going to get worse in the name of protecting us from terrorism.
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armedak, this was a thread about the no-no of discussing ISOM's, sources and such. But, having said this I'd like to also say that you're free to move where ever you'd like, to escape the 'draconian restrictions'. I'll take the risk of the fines should they ever decide to even try over the option of living somewhere else- I happen to love it here and have no desire to leave. I hear the border flows both ways for those that are unhappy...
 
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