Question about the high seas

Factual Questions
21

>> technically, buying cigars in Canada is OK

It is “technically” not OK. You can be prosecuted. Search for the thread about the guy who was in Canada and tarded with Cuba and was arrested when he returned to the US. I believe it was in the pit.

At any rate, the law is clear, citizens and residents of the US cannot legally trade in anything that has or had any trace of Cuban interest. You can find the regulations in OFAC

[quote]
http://www.ofaccompliance.com/WhatIsOFAC.htm
OFAC laws and regulations apply to: 1) all corporations and businesses under US law; 2) all American citizens and permanent resident aliens wherever located; 3) all individuals and entities located in the US.

[quote]
See also
http://www.treas.gov/offices/enforcement/ofac/sanctions/sanctguide-cuba.html

Helms-Burton even makes it unlawful for foreign nationals abroad to trade with Cuba. While it is mostly ignored I know of some foreign businessmen who have been denied visas to the US on account that their companies traded with Cuba.

22

OK, having had some coffee, and some time to kill, I looked up the CFR.

Title 31, part 515 of the CFR is the CUBAN ASSETS CONTROL REGULATIONS. Here’s what is says:

Sec. 515.410 Dealing abroad in Cuban origin commodities.
Section 515.204 prohibits, unless licensed, the importation of commodities of Cuban origin. It also prohibits, unless licensed, persons subject to the jurisdiction of the United States from purchasing, transporting or otherwise dealing in commodities of Cuban origin which are outside the United States.

Sec. 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.
(b) [Reserved]

Sec. 515.329 Person subject to the jurisdiction of the United States.
The term person subject to the jurisdiction of the United States includes:
(a) Any individual, wherever located, who is a citizen or resident of the United States;
(b) Any person within the United States as defined in Sec. 515.330;
© Any corporation organized under the laws of the United States or of any State, territory possession, or district of the United States; and
(d) Any corporation, partnership, or association, wherever organized or doing business, that is owned or controlled by persons specified in paragraph (a) or © of this section.
This validates what sailor just pointed out.

I was going to include some sort of clever “Close, but no cigar” joke, but reading CFRs kinda drains your sense of humor.

23

OK, having had some coffee, and some time to kill, I looked up the CFR.

Title 31, part 515 of the CFR is the CUBAN ASSETS CONTROL REGULATIONS. Here’s what is says:

Sec. 515.410 Dealing abroad in Cuban origin commodities.
Section 515.204 prohibits, unless licensed, the importation of commodities of Cuban origin. It also prohibits, unless licensed, persons subject to the jurisdiction of the United States from purchasing, transporting or otherwise dealing in commodities of Cuban origin which are outside the United States.

Sec. 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.
(b) [Reserved]

Sec. 515.329 Person subject to the jurisdiction of the United States.
The term person subject to the jurisdiction of the United States includes:
(a) Any individual, wherever located, who is a citizen or resident of the United States;
(b) Any person within the United States as defined in Sec. 515.330;
© Any corporation organized under the laws of the United States or of any State, territory possession, or district of the United States; and
(d) Any corporation, partnership, or association, wherever organized or doing business, that is owned or controlled by persons specified in paragraph (a) or © of this section.
This validates what sailor just pointed out.

I was going to include some sort of clever “Close, but no cigar” joke, but reading CFRs kinda drains your sense of humor.

24

Yikes!! I’ve bought and smoked Cubans on vacation in other countries all my life and I never knew simply purchasing them was illegal for any US citizen!

Something for me to ponder for three seconds the next time I’m smoking a Cuban in Mexico. :slight_smile:

25

LOL