Washington Fines Companies for Violating Cuba blockade

[Billy Burnett]

Source: CNA

HAVANA, Cuba, Nov 12 (acn) Three US companies were recently fined more than US $43,000 by the Office of Foreign Assets Control (OFAC) of the US Treasury Department for violating the US economic, trade and financial blockade of Cuba, which was overwhelmingly condemned by the UN General Assembly last month.

-

Estimates show that during the 2008 fiscal year OFAC fines totaled over $2 million, the highest amount since President George W. Bush stiffened the blockade in 2004 with further restrictions on travels and remittances to Cuba.

Last October, 185 countries of the UN General Assembly condemned the US blockade of Cuba when they supported a resolution presented by the Cuban delegation there. Only the United States, Israel and Palau were against the resolution while Micronesia and Marshall Islands abstained.

Read more: http://www.cubanews.ain.cu/2008/1112penalizausa.htm

---

Another example of Free Trade™, US style.

[Captain Hilts]

1. Obama supports the blockade. At least, he did after he got the nomination. nt

[pattmarty]

2. This something that will probably end under Obama and about time.

[Billy Burnett]

6. Really? Do you have ANY evidence that Obama will push to end the sanctions on Cuba?

Everything I have read about his position on the matter indicates that he would roll back only Bush's newest travel restrictions on Cuban-Americans, but I've read nothing to indicate that he would push to roll back much of anything else.

Americans will still be travel banned by an Obama admin, and Cuba will continue to have the US's extra territorial sanctions - which are designed to punish the citizenry so as to motivate them to overthrow their government. Those motivating forces haven't worked, and, in fact, the vast majority of Cubans have responded in just the opposite way.

If you have any position statements from Obama or anyone on his short list that indicates a move toward CHANGE, many here would love to read it.

Thanks.

:hi:

[Vogon_Glory]

3. Those Feds ought to be making other investigations

It's high time that the financial embargo with Cuba either ends, or assumes a much, much lower priority. Those federal treasury, homeland security, and justice officials who have been tasked to enforcing the ban and investigating who has been naughty and doing business with Forbidden Island ought to be reassigned to tracing the money conduits to and from al Qaeda, the Taliban, and other terrorist organizations. The right-wing Cuban exile hardliners, whose candidate took such a beating in the presidential elections last week, are going to have to sacrifice their vendetta with the Havana regime to ensuring the safety and security of the US and of US citizens from a far more real and palpable threat.

[Winterblues]

4. They need to fine Rush Limbaugh and Tom Delay for this very thing

They both smoke Cuban Cigars and brag about it...

[Judi Lynn]

5. Isn't that pathetic? Here's a photo of DeLay taking a toot on one of his Cuban cigars.

http://www.guerillaimports.com.nyud.net:8090/delay.jpg

I think I read that politicians who go to Cuba can bring lots of these things back with them, with no hassle.

[ngant17]

7. Possession of Cuban tobacco products is not illegal in the US

Also I believe it is possible to mail order them from Canada, as long as the customs don't get to snoopy about origin of tobacco.

The embargo and boycott will not alter the political situation in Cuba, and it never has.

I can only hope that eventually some kind of normalization will be initiated under Pres. Obama, although he is currently following party lines which has this Cuba policy which is embalmed like Lenin, it's been frozen cryogenically to remain as a permanent political relic of the Cold War, and no one dares to let the thing simply go away naturally. When the Soviet Union collapsed, they even enhanced this dead thing, and embellished it with the name "Helms-Burton". It reminds me a little of Norman Bates in "Psycho", who preserved his long-dead mother for reasons that would only make sense to a nutty serial killer.

Historically, JFK wasn't going to continue it, had he survived into 1964.

[Billy Burnett]

8. Um. Not true.

(PDF file)
http://www.ustreas.gov/offices/enforcement/ofac/programs/cuba/ccigar2.pdf

Importation of Cuban-Origin Cigars Into the United States


There is now an across the board ban on the importationinto the United States of Cuban-origin cigars and other Cuban-origin tobacco products, as well as most other products of Cuban origin. This prohibition extends to such products acquired in Cuba, irrespective of whether a traveler is licensed by 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. Importation of these Cuban goods isprohibited whether the goods are purchased directly by the importer or given to the importer as a gift. Similarly, the import ban extends to Cuban-origin tobacco products offered for sale over the Internet or through the catalog mail purchases. Prior to August 1, 2004, persons returning to the United States who were licensed under the Regulations to engage in Cuba travel-related transactions were authorized by general license to import up to $100 worth of Cuban merchandise as accompanied baggage. Cuban tobacco and alcohol products were included in that general license. That general license was removed from the Regulations.

Except that members of Congress granted themselves an exemption...

Cuban Cigar Import Regulations
http://www.phaster.com/unpretentious/cuban_cigars_legalized.html

New York, June 19, 2001 - Members of the U.S. Congress have exempted themselves from U.S. Department of the Treasury regulations that determine the value of Cuban produced products that can legally be brought back to the U.S., according to the New York-based U.S.-Cuba Trade and Economic Council Inc.

The Congressional Committee on Standards of Official Conduct of the U.S. House of Representatives recently authorized the exemption.

It's not only illegal for Americans to have Cuban cigars at home, but also abroad.

Cuban Cigars Are Illegal at Home and Abroad
http://cigars.about.com/od/cubantradeembargo/qt/0062002a.htm

Technically, although an American citizen cannot even purchase or smoke a Cuban cigar while traveling abroad, there may not be any practical way to enforce the restriction. That being said, a cigar smoker who ever wanted to try a Cuban cigar may want to take the chance while traveling in other countries. Canada and Mexico are not very far from many American cities, and those who are planning a Caribbean cruise will find Cuban cigars for sale on many of the islands. There is, however, a problem with counterfeit Cuban cigars being sold to American tourists. To improve the chances of getting the real thing, make your purchase from a reputable cigar store, and not one of the many street vendors that you'll see near the port. Do not buy any more cigars that you intend to smoke while abroad.
Know the Risks

Cuban Assets Control Regulations, 31 C.F.R. Part 515, (Revised September 30, 2004) are administered and enforced by the Office of Foreign Assets Control. Criminal penalties for violation of the Regulations can go as high as $1 million for corporations, and $250,000 for individuals plus up to 10 years in prison. In addition, civil penalties of up to $65,000 per violation can be imposed by OFAC.

Are you getting the picture?

It's American freedumb.

[ngant17]

9. The last time I legally purchased a Cuban cigar in Florida

it was a few years ago, from a local cigar shop. It was a normal business transaction, and the cigars were supposedly "pre-Revolution". Never got any threatening calls from the Treasury police, although I think I did pay in cash so it was a relatively anonymous sale. Theoretically a good humidor will keep Cuban tobacco in suspended animation for 50 years. Never was a regular customer there, the owner was somewhat of a reactionary.

BTW I am aware of OFAC regulations, and I have visited Havana twice in the last 5 years. It is not illegal to travel to Cuba. It is illegal for US citizens to spend money in Cuba, without an OFAC license, and that will only be known by OFAC if you state in writing or make oral statements which comes to the knowledge of an interested government official.

I still maintain that possession of Cuban tobacco is not illegal, not anymore illegal than it is to physically travel to Cuba.

So yes, any verified financial transactions that occur which directly benefits the Republic of Cuba, post-1959 Revolution, yes, OFAC will handle the niceties, and yes, Cuban cigars are routinely confiscated at gateway airports from US travelers, and yes, threatening letters are randomly sent out to persons OFAC suspects of having purchased Cuban tobacco, but so far I've heard of no actual fines or prison being given to US citizens for possession of post-1959 Cuban tobacco.

The law and the enforcement of the law are two different things. For example, in April, 2001, when Pres. Clinton shopped at Cigar House in Terminal 3 of Heathrow and made a well-publicized purchase of a Cuban cigar, Clinton bought a Bolivar Lonsdale, and paid £7.84 ($11.40) for the smoke. Years after the fact, OFAC has apparently never bothered to send him a request for information about the purchase nor has Clinton ever been sent a notification of an investigation into the purchase of the cigar.

Tobacco(regardless of origin) is not a controlled or illegal drug, so possession of (Cuban) tobacco is not illegal. Commercial sale of post-1959 Cuban tobacco is a different matter entirely.

The current law says that you can not import them, but in the US, you can possess them. Chances of getting caught: miniscule. Rumor has it that the custom agents destroy them by burning them one by one - very slowly!

In the US, you can legally purchase Cuban cigars here (Pennsylvania location): <http://www.famous-smoke.com/>

[Billy Burnett]

10. As US law states, pre revolution tobacco is OK, as is Cuban seed tobacco. Otherwise, not legal.

Thanks for your informative post. :thumbsup:

I posted the regs so that readers could understand the details of the US legal hurtles regarding Cuban tobacco products. What a waste of our government's time and money spent on enforcement.

I do know that there are many fakes and impostor cigars being sold as Cuban. Especially in Miami.


The whole deal (sanctions, blockades, embargoes) is just crazy, especially considering that Cuba could be the one country that the US could have a trade surplus with.

[ngant17]

11. I would think that S. Florida would have authentic Cuban cigars

but how they get past customs, that is the unknown. Granted that the outgoing administration has turned the screws more and reduced supply/increased demand, but I don't see Obama making it any worse.

I've bought Cuban Cohibas from Canada, and it's sent in a package which isn't specifically labelled as Cuban tobacco.