Cuban Cigars - The Law

There are lots of opinions posted on the 'net about the importing, sale, and possession of Cuban cigars in the US. I can't put these in the FAQ without reasonable assurances that the info is correct... :-(

Many of these posts are based on urban legends and rumors. Before we go into the specific law regarding importation of Cuban products, let's look over an advisory letter dated June 1, 1995, from the Director of the Office of Foreign Assets Control of the Department of the Treasury. This letter was sent to members of the Retail Tobacco Dealers of America, Inc. (Yes, I have a copy of the original letter for verification)...

"Only persons returning directly from Cuba after a licensed visit there are permitted to bring Cuban cigars into the United States, provided the domestic value of such cigars does not exceed 100 U.S. dollars and the cigars are for that person's personal use and not for resale. Inasmuch as all other importations of Cuban cigars are illegal, you must assume that all offers to buy or sell such cigars in the United States involve cigars that are imported illegally. Contrary to what many people believe, it is illegal for travelers to bring into the United States Cuban cigars acquired in third countries (such as Canada, England, or Mexico)."

"It is illegal for U.S. persons to buy, sell, trade, give away, or otherwise engage in (or offer to 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 $50,000 per violation and, in appropriate cases, criminal prosecution which may result in imprisonment."

"We recognise that the prohibitions that apply to Cuban cigars may deprive many consumers of a sought-after product. However, these prohibitions apply 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.These sanctions have had the full support of the past seven Administrations and were further tightened by President Clinton in August 1994."

To hear it again in the U.S. Custom's service's own words, read their own press release at: http://www.customs.ustreas.gov/travel/cigars.htm.

Note also that since 1994 it has been illegal for anyone, even foreign nationals to bring in any quantity of Cuban cigars - even for personal consumption. (Prior to 1994 foreign nationals were allowed to import cigars for personal use only. This loophole is now closed.)

Here's what it says in the U.S. Customs service's "Customs Regulations for Non-Residents"...

"You may include in your personal exemption not more than 200 cigarettes (one carton) or 50 cigars, or 2 kilograms (4.4 lbs.) of smoking tobacco, or proportionate amounts of each. An additional quantity of 100 cigars may be brought in under your gift exemption. NOTE: Cigars of Cuban origin are generally prohibited entry, even for personal use."

The Trading with Enemy Act...

Still have doubts? Here's one of the specific regulations governing the importation of Cuban products.

Trading with Enemy Act, 50 USC App5(b)
The Cuban Asset Control Regulation
Code of Federal Regulations, section 515.101 et seq. vol. 19

"The purchase, importation, transportation or otherwise dealing with merchandise outside the US if that merchandise is: (1) of Cuban origin; (2) is or has been located in or transported through Cuba; (3) is made or derived in whole or in part from articles which are the growth, produce, or manufacture of Cuba, is illegal and punishable by a fine of not more than $50,000 or imprisonment of not more than 10 years."

"A transaction between a US citizen within the US and his agent, home office, branch, or correspondent outside the US is prohibited as if he made the transaction. Gifts of Cuban origin, whether acquired by US citizens abroad or brought into the US by another to be given as a gift within the US is prohibited unless liscensed by the Office of Foreign Assests Control at the US Department of the Treasury."

"The Cuban Assets Control Regulations of the US Treasury Department require that persons subject to US jurisdiction be liscensed to engage in any transaction related to travel to, from, through, and within Cuba. Liscenses are *not* granted for business and tourism. This restriction includes travel to and from Cuba through a third party (such as Canada or Mexico, for example)."

"The Treasury Department will consider liscenses on a case-by-case basis."

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