[kydsid]

Originally Posted by Wallbright

If you read the link I posted from the Department of Homeland Security, any US citizen cleared to visit Cuba is allowed to bring back $100 worth of cigars. This is not alot though and I don't know if they go by buying price or MSRP.

Incorrect. That allowance was removed in 2004. Even your link states there is a total prohibition.

Originally Posted by bobarian

Its amazing how much speculation us being provided here by those who have dont have a clue.

The only federal agency who has any enforcement powers in regards to the Trading with Enemies Act is The office of Customs and Border Protection. CBP has no power to levy fines on contraband. All fines are issued by the OFAC which is part of an entitrly different agency. Local law enforcement agencies usually do not enforce federal laws unless as part of a intergovernmental task force.

The single case cited by Kelly is the only known instance of an actual arrest and conviction. There are also instances of fines being issued by OFAC several years ago based upon financial records acquired as the result of a bankruptcy case overseas.
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Bob, not trying to jump on your back but when you post about how there is so much incorrect information in this thread an then you post incorrect information it doesn't do any good.

OFAC, an agency of the US Treasury is charged with the authority to regulate TwEA. ICE is the only agency with direct enforcement authority within the US over TwEA items. CBP enforces customs regulations that include through seperate authority the ability to seize contraband. They can issue fines and penalties for contraband. They cannot however issue a penalty for a violation of TwEA because that is OFACs primary purpose. However you can face OFAC violations and violations under Customs law for importation of items in violation of TwEA.

There have been many more arrests and convictions for violations of TwEA. Just to point it out but Kelly's links show two alone, not one. And you almost are implying that the only OFAC fines that have gone out are those which resulted from information in a case years ago.

Originally Posted by Silound

Today, ICE has complete authority over any cases involving contraband cigars. That being said, this is the federal government we're talking about here. If there isn't at least 50 years of bureaucratic crap obfuscating everything, it's not worth enforcing

Incorrect as far as the totallity of the statement. ICE has authority over contaband cigars imported into the US. They would not have primary authority over fake cigars made in the US, ie still contraband for other reasons. Also they do not have complete authority of cigars that might violate the TwEA, again falling to OFAC. Then to add to that should either submit a case to the US Attorney's office the AUSA can add charges under any law. Of course this gets even more confused by the fact that ICE is one of the unilateral Federal law enforcement agencies, ie those agencies that can enforce all Federal Law (FBI, ICE, DEA, USMS, USS).