Cuban Cigars in the United States

In recent years, the U.S. Treasury Department has cracked down on the unlawful importation of Cuban cigars into the United States. However, Cuban cigars can be imported under minimal circumstances.

When Is it Legal to Import Cuban Cigars?

According to the U.S. Treasury Department, you can only bring Cuban cigars into the United States if you return directly from Cuba and your visit to Cuba was licensed. Examples of those who can be permitted to visit Cuba include the following:

• Politicians
• Cuban Americans
• Journalists
• Legitimate researchers
• Athletes
• Religious groups

Why Are Cuban Cigars Illegal?

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 the 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, including those on Cuban tobacco products.

A Short History of Cuban Cigar Regulations in the United States

February 1962
John F. Kennedy establishes a trade embargo on all Cuban imports, including tobacco.

December 2014
Obama promotes the relaxation of the trade embargo. Travelers can bring up to $100 worth of Cuban cigars into the United States for personal consumption.

October 2016
A partial lift of the U.S. trade embargo on Cuba also lifts the limits on bringing in Cuban cigars for personal consumption. Online purchases and mail orders of Cuban tobacco products stay unlawful.

September 2020
Trump announces a firmer stance on Cuban sanctions, prohibiting Cuban imports, including tobacco products.

The period of 2014-2019 was a joyous time for cigar lovers. It was finally possible to smoke an authentic Cuban again. Unfortunately, it is indefinite whether this will be feasible again anytime soon.

Why Are Cuban Cigars Illegal in the United States?

To understand why Cuban cigars are illegal in the United States, you 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.

In short, it is not what is in Cuban cigars that makes them criminal but rather where they come from. Those who have tried true Cohibas may tell you that they indeed are different, but that is not why they are restricted in the states.

What Happens If You Get Caught with a Cuban Cigar?

Even though Cuban cigars are banned from the United States, some still try to sneak them in. Comprehend that this is a criminal offense and has severe consequences.

Travelers caught with Cuban cigars, whether for resale or personal consumption, can face penalties in the U.S., depending on the severity of the case. This can range from confiscation of the products or a fine to a criminal case.

Can I Purchase Cuban Cigars Online in the U.S.?

Do a brief search online, and you will discover several websites that claim to be able to send you authentic Cuban cigars. However attractive this idea may be, please don’t fall for it.

Even when travelers were allowed to bring in Cuban cigars themselves, the sale and commercial import of cigars were still prohibited in the U.S. Buying Cuban cigars online was never legal.

With tightening restrictions on Cuban products, buying these cigars online has become an even worse idea. You will be putting yourself at risk of severe penalties.

Comprehend that this latest change in regulations is relatively recent. Perhaps not all online shops and importers have updated their website info. You might pay for a package that never arrives if you still decide to order.

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.

Can I Bring Cuban Cigars in My Carry On?

Since the heightened restrictions on Cuban products from September 2020, travelers cannot bring Cuban cigars to the United States. This also applies to carrying on items for personal consumption.

Do You Have to Declare Cuban Cigars?

As of September 2020, Cuban tobacco products may not enter the United States. If you are carrying Cuban cigars in your carry-on or checked baggage, you would be committing an offense.

Are There Any Other Restrictions on Importing Cuban Cigars?

Returning from a licensed visit to Cuba is not the only requirement for importing Cuban cigars.

Other requirements are:

• The domestic value of the cigars cannot exceed $100
• The cigars must be for personal use and not for resale

Can I Purchase Cuban Cigars in the United States?

No. The Treasury Department says that you 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.

What Are the Penalties for Dealing With Illegally Imported Cuban Cigars?

The penalties for illegally importing, purchasing, selling, trading, giving away, or otherwise engaging in transactions involving illegally imported Cuban cigars can be very rigid. The cigars can (and likely will) be seized. You also may face civil fines of up to $50,000. In some circumstances, you could even face a criminal trial resulting in jail time.

I’m Interested in Cuban Cigars. Do I Need a Lawyer?

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 the political relations between the United States and Cuba.

The days you could bring in a box of Cuban cigars are unfortunately over again. It is unclear whether the September 2020 changes in CACR will change under the new administration. You will have to enjoy the excellent cigars from elsewhere in Central and South America for the time being.

If you are interested in Cuban cigars, there is only one legal way to get them: to get a license to visit Cuba.

An experienced government lawyer can help you determine whether you are eligible to receive a license to visit Cuba. Contact a lawyer immediately if you are accused of illegally importing or dealing with illegally imported Cuban cigars. A seasoned criminal defense lawyer can advise you of your rights and defenses.