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"The Office of Foreign Assets Control, the unit of the U.S. Treasury which monitors the U.S. trade embargo with Cuba, assessed penalties on three individuals during the month of March for buying Cuban cigars over the Internet.

The incidents were old: one person agreed to a penalty of $1,087.00 for making multiple purchases between March and July of 2004; a second person was fined $411.04 for buying Havanas over the Internet during 2003 and 2004 and the third person agreed to pay a settlement of $400.00 for buying Cuban cigars five times over a 13-month period from July of 2004 through August of 2005.

Through the first three months of the year, OFAC has announced a total of 10 penalties and total fines of $12,419.41 relating to individual purchases of Havana cigars over the Internet. The largest single penalty was handed down in February for $5,213.42.

That’s up quite a bit from 2007, when only three penalties were assessed during the first quarter. OFAC was heavily criticized in December by Congressional Democrats for paying more attention to Cuban cigars and rum than to terrorist activities, and after the hubbub, more penalties were quickly assessed against violators of Iranian trade regulations and other terrorism and drug-related regulations. However, the agency still has plenty of time to track down buyers of Cuban cigars."

I heard they have started shipping you the cigars that they find instead of just the empty boxes, except the are slicing them all with a razor for a nice little slap in the face

As long as he paid for it in Canadian funds ... it wasn't illegal. It is only when you pay in US funds that it is against the law.

#6--verified

Technically, although an American citizen cannot even purchase or smoke a Cuban cigar while traveling abroad (I verified it as well and stand corrected), 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

"The question is often asked whether United States citizens or permanent resident aliens of the United States may legally purchase Cuban origin goods, including tobacco and alcohol products, in a third country for personal use outside the United States. The answer is no."

--http://www.treas.gov/offices/enforcement/ofac/programs/cuba/ccigar2.pdf

Not really. His aid purchased it and gave it to him as a gift. So technically ... it was OK for him to smoke it. His aid broke the law.

Arnold is no dummy ... ;^)

LOS ANGELES — Gov. Arnold Schwarzenegger fired up a stogie during his trip to Canada this week, but did he break U.S. law to do it?

The celebrity governor known for his love of premium cigars was headed to the Ottawa airport Wednesday when his motorcade made a detour to a hotel. There, Schwarzenegger picked up a Cuban Partagas cigar in a shop, with the $14.83 bill paid by an aide traveling with him, the Ottawa Citizen newspaper reported.

Under trade restrictions, U.S. citizens are prohibited from buying Cuban cigars anywhere in the world.

Schwarzenegger's office wouldn't confirm or deny that the governor indulged in a forbidden smoke while in Canada, where he was on a trade mission.

"He stopped and bought a cigar and smoked it on the way to the airport," spokesman Aaron McLear said.

Was it a banned Cuban cigar?

"There's no way of telling now because he smoked it," McLear said.

A message left at the shop wasn't returned Friday.

Americans convicted of violating trade regulations can be sentenced to fines or prison, but it wasn't clear Friday if a U.S. citizen had ever been prosecuted for lighting a Cuban cigar in another country. Cuban cigars are imported into Canada legally.

"Persons subject to U.S. jurisdiction are prohibited from purchasing or importing Cuban cigars, regardless of where they are," U.S. Treasury Department spokeswoman Molly Millerwise said in a statement.

The long-standing U.S. ban on prized Cuban cigars hasn't stopped a black-market trade, and numerous Internet sites offer cigars for sale purporting to be from Cuba.

Schwarzenegger favors costly Daniel Marshall cigars with personalized labels, but he has told Cigar Aficionado magazine he enjoys Cohibas and Montecristos, legendary brands from Cuba.

(\__/)
(='.'=)
(" V (") This is MRS Ghost Bunny , Not woory so much, feels better..

Does OFAC check cbid picture posts?

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13. Author: Slimboli Date: 04/26/2008 12:17 PM Reply
Not really. His aid purchased it and gave it to him as a gift. So technically ... it was OK for him to smoke it. His aid broke the law.

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Wrong.

They both broke the law.

US Citizens are not allowed to purchase or engage in any transactions involving Cuban goods. A gift is is a transaction.




From the OFAC:

Transactions Involving Cuban-Origin Goods in Third
Countries

The question is often asked whether United States citizens
or permanent resident aliens of the United States may
legally purchase Cuban origin goods, including tobacco and
alcohol products, in a third country for personal use
outside the United States. The answer is no.
The Regulations prohibit persons subject to the jurisdiction of
the United States from purchasing, transporting, importing,
or otherwise dealing in or engaging in any transactions
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. Thus,
in the case of cigars, the prohibition extends to cigars
manufactured in Cuba and sold in a third country and to
cigars manufactured in a third country from tobacco grown
in Cuba.


http://www.treas.gov/offices/enforcement/ofac/programs/cuba/ccigar2.pdf

^ my point

20. Author: docrks
-------------------
My point in post #2.

It's all pretty silly.


I wonder who here has NOT smoked one of "those."

Its ironic that the Gubmint can't account for Billions of Dollars that were handed out in Iraq, but they can account for 1000's of Dollars spent on cubans in 2003...

^ I asked this question a few months ago and our resident attorneys indicated that "intent" was all that mattered. I will leave it to them to re-validate that response.

c3s

Did they cite any convictions?

Legend

So, y'all are saying it is illegal for a U.S. citizen to smoke a Cuban cigar? So, why is it when the U.S. Military is deployed. They allow vendors to sell Cuban cigars to military members? I'm just curious. Due to the fact I'm in Iraq and allowed to buy them. But, I'm not allowed to bring them back to the U.S. with me.

26. Author: tapout_24

"[I]s the intent enough. Can one be prosecuted for attempted purchase of Cuban tobacco?

------------------------------------------------------
An unsuccessful attempt to commit any crime is prosecutable provided that their was intent (mens rea) and an overt act, whether or not the crime was successful.

Example: You intend to murder your friend. You shoot him but he doesn't die, or you shoot at him, hit someone else and they don't die, or you shoot and miss by 2 miles. Guilty of attempted murder!

Another example: You attempt to buy real Cuban cigars and the seller never sends them; or the seller sends fakes. Guilty of attempted purchase of contraband.

Does that help you out?

33

That's what I thought. I was unaware that the "attempted" could be applied to any crime.

So here's a funny a kid takes a bag of oreagano to school and sells it to another kid as weed. The buyer is guilty of attempting to buy drugs the seller is guilty of overpriced spices?

Do you know if anyone has ever been busted for attempted purchase of Cuban cigars?