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Wasch_24

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I realize many of you may already know this but please bear with me. This thread is for those who don't or have forgotten.

Buying and possessing Cuban cigars or Cuban made items is illegal for all U.S. Citizens that don't have written government authorization to do so.

Worldwide.

If you choose to buy and/or possess Cuban cigars I feel that everyone should be aware of the potential consequences.

There are several different things that can happen to an individual U.S. Citizen if found in possession of Cuban goods or found trying to import said goods.

Confiscation
Confiscations occur if Cuban goods are discovered while re-entering the U.S. or during random mail/shipment inspections.

These inspections of shipped items by U.S Customs occur randomly and can entail inspection of U.S. Mail as well as items shipped via courier i.e. FedEx, UPS, etc.

When an item is confiscated a form letter is typically issued. This letter outlines the goods confiscated, where the confiscation occurred, the value of said goods, makes mention of the specific violation and potential penalties for said violation as well as outlining the procedure required to dispute the confiscation or attempt to retrieve the confiscated goods.


Warning
In some instances no confiscation occurs but a warning of suspected violations will be issued. Why this warning is issued is not clear. This letter simply advises against further violations and reminds the recipient of the laws and penalties associated with violating the Cuban Embargo.


Request for Information (RFI)
At times the government will send out a certified letter that specifies suspected purchases during a specific window of time, and from a vendor in a specific region of the world. This letter asks for very specific information. Some would contend potentially self incriminating information. This letter requires a response and threatens civil penalties if the recipient does not respond. Most agree that upon receipt of this RFI letter the recipient should most definitely seek legal counsel from a competent criminal lawyer and in turn provide a response to the government. The extent and contents of that response is to be determined by the recipient and their lawyer.


Please, I am in no way trying to present myself as the all knowing expert in this so if you have something you feel should be added or see an error or omission on my part please post it up and I will edit this post. :thumbsup:
 

ATCDub

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I still contend that the only Cubans that have been to my house are political refugees and have been granted asylum courtesy of LBJ and the US Congress adopted on my actual birthday November 2, 1966.

None actually swam here.
 

djs134

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You're right and Todd knows of what he speaks. There hasn't been much traffic about this subject here on BotL, which bodes well for our small community, but it is something to be aware of.
 

jrohrer

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what is the statute of limitations for the letter to come around? i.e. if someone were to have ordered a shipment oh, say 2-3 months ago...is there a shot they will receive a letter?

I only ask because something like this has potential to ruin my career!
 

jrohrer

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shawn...I'm not a federal government employee, but my career does put me highly in the public eye, and my salary is paid by the taxpayers of my community, so technically I'm an employee of my community...

I probably am being over-concerned, but on the same note, if something like this were to get around, I could be in some hot water.
 

Wasch_24

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shawn...I'm not a federal government employee, but my career does put me highly in the public eye, and my salary is paid by the taxpayers of my community, so technically I'm an employee of my community...

I probably am being over-concerned, but on the same note, if something like this were to get around, I could be in some hot water.
Hopefully it is now a known risk so-to-say.

I'm not sure what the statute of limitations is Josh. Some people have gotten the RFI based on supposed/alleged purchases from 2004.

The reason I threw this thread out there is I was starting to get the feeling a lot of you "newer to cuban cigars" guys might not have considered the risk or even know about it.

Now you can make an educated decision.
 
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shawn...I'm not a federal government employee, but my career does put me highly in the public eye, and my salary is paid by the taxpayers of my community, so technically I'm an employee of my community...

I probably am being over-concerned, but on the same note, if something like this were to get around, I could be in some hot water.
edit....
 

CWS

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I believe Todd was being responsible as a senior member of this forum in listing the clear issues that buying cuban cigars is not legal in the US. Its easy for us to get caught up in the mystic of cuban cigars. Somewahat akin to driving 10 miles over the speed limit. Every body does it right? Well people get caught, pay big fine, find their insurance raised etc. There are consequences.

Anytime we are breaking a law, any law, there are consequences. I think it unwise to simply brush it off. Read what Todd wrote. Understand your risks. Understand that there is an undercurrent within the current administration to push for more security and more enforcement of the rules. Understand that people had received letters that are warning and worse. Use your head. I truly hope you never get a confiscation letter like some of us and the sweat runs down your back, (and it will). Maybe nothing will come of it, but the law is the law.

Good post Todd.
 
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