Cuban Cigars in Japan?


In Akasaka-Mitsuke, right down the street from the New Otani hotel, is an area where there are many small, expensive restaurants. Since it’s not far from the Japanese Diet (their seat of representative government), many Japanese politicians take their guests to the area for some classy wining and dining.

On one of my first evenings in the area, I noticed a cigar bar with a walk-in humidor in the front. My eyes lit up as I saw the boxes and boxes of Cohibas, Montecristo, and Romeo y Julietas lined up on shelfs along the wall. It was a cigar lovers heaven.

So, my coworkers and I got into a big debate as to the legality of bringing back Cuban cigars into the United States. We all knew that you couldn’t buy them in the U.S., but could you purchase them and bring them back from Japan? After doing the research on the U.S. Treasure website (they’re in charge of the embargo), we discovered that you may not bring cigars back from Japan, Canada, Spain, or any other country where Cuban cigars are sold. The only country you can bring them back from is Cuba, and good luck finding a flight there.

But, what amazed me in my research is that it’s illegal for an American to purchase a Cuban cigar, even outside the country! There are very few crimes in the U.S. that, while legal in the host country, are illegal for United States citizens. But right there in black and white is the ruling that the U.S. embargo against Cuba is binding to U.S. citizens anywhere they may be in the world.

The question is often asked whether United States citizens or permanent resident aliens of the United States may legally purchase Cuban origin goods, including tobacco and alcohol products, in a third country for personal use outside the United States. The answer is no. The Regulations prohibit persons subject to the jurisdiction of the United States from purchasing, transporting, importing, or otherwise dealing in or engaging in any transactions with respect to any merchandise outside the United States if such merchandise (1) is of Cuban origin; or (2) is or has been located in or transported from or through Cuba; or (3) is made or derived in whole or in part of any article which is the growth, produce or manufacture of Cuba. Thus, in the case of cigars, the prohibition extends to cigars manufactured in Cuba and sold in a third country and to cigars manufactured in a third country from tobacco grown in Cuba.

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