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Travel to the U.S. with an Unlimited Number of Cuban Cigars and Rum – Courtesy of New Revised OFAC and BIS Regulations

On October 14, 2016, President Obama issued a Presidential Policy Directive on United States-Cuba Normalization to further ease travel and trade restrictions with Cuba. As a result, Monday, October 17, 2016, amendments to both OFAC and BIS regulations will take effect.

Below are the top changes from both OFAC and BIS:

OFAC is making additional amendments to the Regulations with respect to health, trade and commerce, civil aviation safety, travel and related transactions, humanitarian-related activities, and certain other activities. Below is a recap:

Health
- Persons subject to U.S. jurisdiction are now permitted to engage in commercial and non-commercial joint medical research projects with Cuban nationals. (Section 515.547).

Travel and Related Transactions
- Importation of Cuban merchandise: Not too long ago we alerted our readers that CBP was targeting Cuban Cigars at American Ports. We have BIG news for cigar and rum lovers… As of Monday, October 17, 2016, persons subject to U.S. jurisdiction are now able to return home from Cuba (or any other country where Cuban rum and cigars can legally be purchased) with an unlimited amount of rum and cigars. However, the number of cigars and amount rum must be for personal use and such merchandise must be imported as accompanied baggage and are subject to the normal limits on duty and tax exemptions. This is a huge step forward from OFAC’s initial limit of $400 or less (with no more than $100 of such merchandise consisting of alcohol or tobacco products). (Section 515.560(c)(3)).

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By Jennifer Diaz|2026-04-28T07:44:56-04:00October 17, 2016|Best Practices, Cuba, Customs Expert, Export, International Trade, International Travel, Pre-compliance, U.S. Bureau of Industry and Security (BIS), U.S. Office of Foreign Assets Control (OFAC)|3 Comments

Cuban Cigars Seized by CBP

Mark Twain once said, “I never smoke to excess – that is, I smoke in moderation, only one cigar at a time.”

With the loosening of restrictions on travel and trade with Cuba, including the authorization to import Cuban Cigars (for personal use only, under a certain value), persons under “U.S. jurisdiction” are getting caught right and left trying to take advantage and import more than their share of Cuban cigars to the US. In May of this year, Maxim magazine declared Cuban Cigars are still the worlds best. However, as relations thaw, will the Cuban cigar be able to take back the market share it lost in the past half century when countries like Dominican Republic and Nicaragua have served the US? That is a question recently posed by Will Yakwowicz in an article for Inc. earlier this year.

Although you are allowed to bring Cuban cigars back to the U.S. (if you are on an “authorized trip” to Cuba) there is a limit and the United States Customs and Border Protection (CBP) can, and will, seize any amount over the allowed limit.

What is the scope and limit on how many cigars I can bring in?

Persons authorized to travel to Cuba (see our previous post regarding authorized travel to Cuba) may purchase alcohol and tobacco products while in Cuba for personal consumption. Also, as an authorized traveler you may return to the United States with up to $400 worth of Cuban goods, but only $100 […]

By Jennifer Diaz|2022-07-07T11:47:16-04:00September 22, 2016|Best Practices, Cuba, Customs Expert, Import, International Law, International Trade, International Travel, Pre-compliance, Seizure, U.S Department of Homeland Security (DHS), U.S. Office of Foreign Assets Control (OFAC)|2 Comments

FDA Targets Vending Machine Operators

Co-Authored by Jennifer Diaz and Kristina Hernandez-Tilson, an attorney in Miami, Florida, practices in state and federal court, litigating matters of civil and administrative law.

Since April 2008, pursuant to New York City Health Code Section 81.50, all Starbucks (and many other restaurants) in New York City have been required to display the calories of each of the menu items. A subsequent study found that this mandatory calorie posting influenced consumers in NYC, causing average calories per transaction to drop by 6%. The study also found that calorie posting did not cause any significant change in Starbucks’ overall revenue.

Now, owners and operators of vending machines across the U.S. are next. Back in December of 2014, the Food and Drug Administration (FDA) issued a final rule entitled “Food Labeling: Calorie Labeling of Articles of Food in Vending Machines”. This rule is codified at 21 CFR 101.8, and requires vending machine operators who own or operate twenty (20) or more vending machines, or who voluntarily register with FDA to be covered, to
declare calories for those vending machine foods for which the Nutrition Facts label cannot be examined before purchase or for which visible nutrition information is not otherwise provided at the point of purchase. According to the December 2014 final rule, covered vending machine operators must comply by December 1, 2016.

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By Jennifer Diaz|2022-07-07T11:44:26-04:00September 1, 2016|Best Practices, FDA Issues, Food, Labeling|0 Comments

HOVERBOARD RECALLS DUE TO EXPLOSIONS

Back in January, we addressed Ongoing Hoverboard concerns and numerous CBP seizure cases. Now, the Consumer Product Safety Commission (CPSC) announced ten companies have recalled about half a million self-balancing scooters/hoverboards made in China. However, the recall isn’t because of the countless risks hoverboards pose to unwary riders, instead it is because the lithium-ion battery packs in these products can overheat, creating a risk that the hoverboards will start to smoke, catch fire and/or explode. The list of the ten firms is here. Below are the models impacted: […]

By Jennifer Diaz|2022-07-07T11:38:47-04:00July 27, 2016|Best Practices, Counterfeits, Import, International Trade, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|0 Comments

Register NOW: Trade Day Hosted by CBP

Have you wanted a better relationship with U.S. Customs and Border Protection (CBP)? Wanted to meet key personnel within numerous departments of CBP and different PGA’s? Here’s the time to take advantage: Trade Day is coming to Miami, courtesy of CBP, on August 4, 2016. Did we mention it’s FREE?! Calling all importers, exporters, customhouse brokers, freight forwarders and all other interested parties in the international trade community – if you have been looking for an opportunity to meet with government officials that are responsible for processing and facilitating trade related import transactions and to get educated and ask more questions about ACE and CEE’s, this is your chance.

If you missed the previous Trade Day don’t miss this opportunity to: […]

By Jennifer Diaz|2016-08-03T22:10:16-04:00July 26, 2016|Best Practices, Events, U.S. Customs and Border Protection (CBP)|0 Comments

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