Legality of Cuban cigars

I was browsing a few online cigar stores earlier, and noticed that many of them advertise Cuban cigars for sale. They explicitly claim they ship these to the US, as well. Wouldn’t this be illegal under the current US embargo on Cuba? Why would people risk getting busted smuggling these things in from Canada and Mexico if they could merely have them sent by mail? I’m aware that unscrupulous sellers could (and do) pass off lesser cigars as expensive Cubans, but these seem to be major, reliable sites who would have much to lose by scamming their customer base. I’ve searched their FAQs, and there isn’t even a mention of the US/Cuba embargo, which seems like it would be the question on everyone’s mind. Is there some legal loophole these stores employ? Are the cigars somehow concidered “a gift” (not that I believe the gubment would allow “gifts” of contraband, anyway). So: is it legal for United States residents to receive or posess product from an embargoed nation?

By my reading of these U.S. Custom’s Service documents, this would be illegal.

http://www.customs.gov/travel/cigars.htm#top
http://www.treas.gov/ofac/t11cuba.pdf

I’m fairly certain that any cuban cigar in existance before the embargo was put up is not considered contraband and therefore legal for sale.

It’s illegal for U.S. citizens to buy them.But it’s not illegal for other countrys to ship them to you.They conceal them pretty well too .Not that i would ever think of doing something like this. :rolleyes:

UncleBeer’s pdf link says that that it is illegal to import the goods through a third country. So I think that it is illegal for them to ship the cigars to you. It is clear that they think so to otherwise they would not conceal them.

The embargo was started in 1963 (it will bring Castro to his knees any day now). I don’t know much about Cigars but I assume a 38 year old cigar would not be very good.

This is funny, considering that there are souvenir stands that offer (via VERY LARGE SIGNS) Cuban cigars just across the US/Canadian border in Quebec, less than a mile from the border, and on the southbound side of the road. Hmm…

I wonder if the Customs station on the US side watches with binoculars to see who comes out of that shack.

  1. enolancooper is correct pre-embargo cigars are legal.

  2. gezpacho is correct 38 year old pre-embargo Cubans are trash.
    I have developed an extremely eco friendly way to smo…errrrr Recycle them. Please send all your Cuban cigars to me for proper disposal.

If the cigar is kept in proper conditions, a 38 year old cuban cigar will be the most amazing thing a mouth can ever taste. One of the best cigars i’ve had was a cuban from 1908. I have some WWII era cigars as well, which are quite interesting.

Cuban tobacco has a great propensity for aging, just like a fine bordeaux. Most cuban cigars don’t even become “smokeable” until they are at least 2 years old. Too young.

If you buy cubans in canada, you will get screwed. a $5 cuban cigar costs $35 there. A cohiba esplendido - a $15 cigar in spain (best prices) costs about $50 in canada.

Cuban cigars are illegal to buy in 3rd countries. They are illegal to buy when you are abroad. Bill Clinton recently bought a cuban cigar (Bolivar) in london - in front of the press. What a cocky prick. I hope he gets a fine from US Customs. Then again, clinton is so used to trading with the enemy (selling our nuclear secrets to china, etc) that he just does it naturally, without even thinking about it.

waxteeth

I can’t tell when people are BSing me online or not because I can’t look them in the eye to see them blink. Are 40 year of cigars any good or not?

I don’t know the letter of the law but last year I wanted to bring some Cubans home for my wedding so I went down to the duty free shop here in Sydney and they told me that they can’t even sell them to me if I am going to the States. But I don’t know if the law has changed since then.
I do know that you can get “Cuban Style” made cigars. Kinds of a tricky move, but I have seen them around. Not the real thing though.

Kalt answered it before I could get back.
40 year old Cubans are a mighty fine thing I was BSing you.

My understanding of the word “law” is that it does not stretch beyond the boarders of the country or region that passes it.

This law cannot be enforced outside the USA. However, a couple of years ago, attempts were made by the US congress to put sanctions on any non-US companies that didn’t comply with this US law! Of course there was an outrage in the foreign investor community and the bill was later killed in a private ceremony.

— G. Raven

Kalt=chupa HONK

Morrison’s Lament, you are right only to a certain point. There is nothing to stop the US congress from passing laws that apply to US citizens wherever they may be. In fact, they do this all the time. If you are a US citizen residing in Voltambia, you still have to pay taxes to uncle Sam for the privilege of being a US citizen. If you are a US citizen you may not do certain things abroad even if they are legal there (like engaging in sex with children). The only issue is one of enforcement as they would have to wait for you to return to US jurisdiction where they can nab you.

Regarding Cuban stuff, a US citizen is prohibited from buying it no matter where the act occurs. Check out the OFAC page mentioned above.

Not only that but the US has passed the Helms-Burton act which penalizes foreign companies and individuals who trade with Cuba outside of the US. This, of course, is going too far and there have been protests from other countries. I believe the enforcement of the law is suspended but I do know foreign businessmen whose companies have investments in Cuba have been denied entrance to the US.

So, it comes down to this: (a) the congress may pass any laws it pleases (b) enforcing them is something else alltogether and © if they go too far other countries get annoyed.

By the way, there have been many threads in the past discussing the particular case of Cuba.

LMAO is that you Tony??!!!

  1. You absolutely can buy Cuban Cigars, you just need to get either a General or Specific License from the Treasury Department. You then go to Cuba and you can bring back $100 worth. Otherwise, if you are gifted one that has been obtained legally you can smoke it. The limitation is on spending money on Cuban goods.

  2. Pre-Embargo Cuban cigars are legal, but they are not always good. Most of the power has leeched away, but there can be a subtle almost musty flavor that won’t be found elsewhere.

  3. HONK

CheapBastid, let’s get real ok? You really think the US guvment is going to give you a license to (as they see it) trade with the enemy, so you can enjoy a good smoke? How many licenses for this have been granted in the last 40 years?

The OFAC people are not kidding and they will go after you given the least chance. Last year they sent a cease and desist order to the Tampa Yacht Club and they were forced to cancel the Havana Cup Regatta at the last minute in spite that it was all legal as no money would be spent in Cuba. It seems this year’s regatta has been diverted to the Dry Tortugas for the same reason: http://www.havanacup.com/2001.shtml

Far from giving material aid and comfort to the enemy, buy smoking Cuban cigars you would be patriotically buring their fields.

That is two questions. Will they grant one? Yes. Will they grant one for the sole purpose of you buying cigars? No.

I don’t have a number, but I know of quite a few folks who have gone. I recall a website listing the number as in the multiple thousands a year. Read the docs, there are more than a few reasons for one to be granted a License.

CheapBastid, you are distorting things. You know full well that is not what the OP is asking. Yes, if you are Bryant Gumbel and want to report from Cuba, you can get a license to go there which would entitle you to buy a few cigars. But that is not what the OP is asking or referring to.

The answer to the OP is that YES, it is illegal.