A Cuban cigar is a specific type of tobacco product that is produced and manufactured in the country of Cuba. These cigars are generally highly praised and sought-after based on their reputation of being well-crafted and using high quality tobacco.
The high demand for Cuban cigars that are authentic as well as their legal status in the United States has made them somewhat of a rare commodity. There are many companies that have attempted to and do pass off inferior cigars as Cuban cigars in order to make a profit.
It is very important to be aware that it is currently illegal to bring Cuban cigars into the United States. However, this has not always been the case. The laws governing Cuban cigars can change and bans may be lifted in the future, so it is essential to consult with a lawyer before purchasing or transporting Cuban cigars.
Can You Bring Cuban Cigars Into the U.S.?
No, under the current Cuban cigar laws, individuals are not permitted to bring Cuban cigars into the United States. This prohibition took effect in September of 2020.
This prohibition also applies to carrying on items for personal consumption. If an individual carries Cuban cigars in their checked baggage or carry-on luggage when traveling, they will be committing an offense.
It is important to be aware that, in previous years, there were different laws and regulations that applied to Cuban cigars in the U.S. Before September 2020, the U.S. Treasury Department allowed Cuban cigars to enter the country if an individual returned directly from Cuba on a licensed visit.
Individuals who may have been permitted to visit Cuba at that time included:
- Politicians
- Cuban Americans
- Journalists
- Legitimate researchers
- Athletes
- Religious groups
There were also other requirements for importing Cuban cigars in addition to returning from Cuba on a licensed visit, which included:
- The domestic value of the cigars did not exceed $100
- The cigars were for personal use and not for resale
Currently, these permissions do not apply, as there is a total ban on Cuban cigars. An individual should be aware of the previous regulations, however, as the laws governing Cuban cigars may change through the years, especially after new presidential elections.
Why Are Cuban Cigars Illegal in the United States?
To understand why Cuban cigars are illegal in the United States, an individual will have to plunge into the history books. It is a matter of political connections between Cuba and the United States. It does not involve the product itself.
For political reasons which kicked off in the 1960s, the U.S. and Cuba have had a nervous relationship. This relationship seemed to improve under the Obama administration. The exception on Cuban rum and tobacco products was a sign of this.
Cuban cigars are banned in the United States for political reasons. The U.S. has placed embargoes and sanctions on Cuba, which also apply to Cuban tobacco products.
Nevertheless, it has not always been this way, and the regulations may switch again with a new administration. If you are yearning for authentic Cuban cigars, then the soundest thing you can do is stay up-to-date with the news.
For decades, Cuban cigars were deemed an illegal product due to the tense relations between the United States and Cuba. However, in the last ten years, there have been several changes.
As of September 23, 2020, the United States amended the Cuban Assets Control Regulations (CACR) to ban the import of Cuban cigars. Previously, some of these regulations were relaxed under the Obama administration, as discussed above, including those on Cuban tobacco products.
In short, it is not what is in Cuban cigars that makes them criminal but rather where they come from.
What Happens if You Get Caught with Cuban Cigars at Customs?
Even though Cuban cigars are banned from the United States, some people still try to sneak them in. This conduct is a criminal offense that may result in severe consequences, similar to those associated with possession of drug paraphernalia charges.
Travelers caught with Cuban cigars, whether for resale or personal consumption, can face different penalties in the U.S., depending on the severity of the case. These may range from confiscation of the products to fines and criminal charges.
When Did Cuban Cigars Become Legal?
Bringing in Cuban cigars for personal consumption was made legal in 2014. However, all imports of Cuban products, including cigars, were again banned in September 2020.
Are There Any Other Restrictions on Importing Cuban Cigars?
As of September 2020, Cuban tobacco products may not enter the United States. If an individual is carrying Cuban cigars in their carry-on or checked baggage, they would be committing an offense.
Can I Purchase Cuban Cigars in the United States?
No. The U.S. Treasury Department provides that an individual should assume that all offers to purchase or sell Cuban cigars involve illegally imported cigars.
Can I Import Cuban Cigars From Another Country?
No. It is prohibited for travelers to acquire Cuban cigars in a third country and bring them into the United States. For instance, it is illegal to acquire Cuban cigars in Canada and bring them into the United States.
This prohibition also applies to online purchases of Cuban cigars. When an individual does an online search, they may find many websites that claim to sell authentic Cuban cigars.
Even when bringing Cuban cigars into the United States from another country for personal use was allowed, the sale and commercial import of cigars was prohibited, and remains prohibited today. This means, in other words, purchasing Cuban cigars commercially is not currently and has never been legal.
What Are the Penalties for Bringing Cuban Cigars Into the U.S?
The penalties for illegally importing, purchasing, selling, trading, giving away, or otherwise engaging in transactions involving illegally imported Cuban cigars can be very severe. The Cuban cigars can, and most likely will, be seized.
Additionally, an individual can face civil fines up to $50,000 or $55,000 per violation. In some cases, an individual will also face criminal charges that may result in a prison sentence of up to 10 years and $250,000 in criminal fines.
If an individual engages in the sale of Cuban cigars, they may also face issues related to selling tobacco to minors if the purchaser was underage.
Are There Any Other Legal Issues Related to Cuban Cigars?
In addition to the legality of importing Cuban cigars and the requirements that may be placed on them at a future date, there are also other legal issues related to Cuban cigars and tobacco in general that an individual may encounter. In some cases, suing tobacco companies may be necessary if an individual suffered an injury or a product had marketing issues.
These types of lawsuits are usually filed as class action tobacco lawsuits. For more information on these types of issues, an individual should consult with a class action lawsuit attorney.
Do I Need a Lawyer if Customs Find Cuban Cigars?
The import of Cuban cigars, both for commercial purposes and personal consumption, is illegal in the United States. This is not because of the contents of these tobacco products but rather due to the political relations between the United States and Cuba.
It is unclear whether the September 2020 changes in CACR will change under a new presidential administration. If you have any questions related to the current laws governing Cuban cigars, an immigration lawyer can help.
It is essential to contact an attorney immediately if you have been accused of anything related to the illegal importation of Cuban cigars, as the consequences may be severe. Your lawyer will be able to provide you with advice regarding your rights and possible defenses as well as be your representation in court.
In the event that the laws change in the future and it is again legal to import Cuban cigars, your lawyer can advise you of the requirements that apply. You can find a lawyer using LegalMatch who can update you on the current laws as well as provide you with advice on the legality of Cuban cigars in the future.
