US customs through to Canada?

[hoyopr]

Looking for info regarding transit through US customs through to Canada. Going to be arriving into Florida via a cruise and hoped to bring home a couple of boxes of CC. Will be going direct to airport for return to home / Vancouver BC. I understand some changes were made regarding cigars from CUBA this spring. I am having trouble getting the information from US Customs site, any one know what the laws are regarding Canadian citizens in possession?

[Corylax18]

35 minutes ago, hoyopr said:

any one know what the laws are regarding Canadian citizens in possession?

Technically, you will be considered in support of a state sponsor of terrorism and subject to prison time up to 20 years and/or fines not to exceed $250,000. Technically. 

Worse case scenario, they take them from you and hand you a piece of paper saying you've been warned and that they will be really mad at you if you get caught again.

Customs at the Florida airport are looking for cigars much more than other places. Especially Miami and Fort Lauderdale, 80% of the flights from Cuba to the US come through those two airports. I've never had any trouble coming through Houston for example. 

They may or may not find them. They will 100% take them if they do find them. 

[chris12381]

https://www.ecfr.gov/current/title-31/subtitle-B/chapter-V/part-515/subpart-E/section-515.569

§ 515.569 Foreign passengers' baggage

The importation of merchandise subject to the prohibitions in § 515.204, including Cuban-origin goods, brought into the United States as accompanied baggage by any person arriving in the United States other than a citizen or resident of the United States is hereby authorized, provided that such goods are not in commercial quantities and are not imported for resale. This authorization does not apply to the importation into the United States of Cuban-origin alcohol or tobacco products.

[Chas.Alpha]

Yep. If you’re a Canuck you’re good here, as long as you are willing to answer questions if asked. Going to Candahoovia? You’re on your own… 🇨🇦

[NSXCIGAR]

2 hours ago, Corylax18 said:

Technically, you will be considered in support of a state sponsor of terrorism and subject to prison time up to 20 years and/or fines not to exceed $250,000. Technically. 

I'm not a lawyer but 18 U.S.C. 2339B addresses providing "material support to designated terrorist organizations." It's not clear that providing material support to merely a state sponsor of terrorism is illegal. And I'm not sure how buying cigars could really be considered "material support." 

Obviously you're using it as an unlikely but worst case legal scenario but I'm not sure that the law could be applied that way. 

If any lawyers here chime in...

[Cigar Surgeon]

To directly answer your question: Your citizenship is irrelevant as the nation you're clearing customs in determines the legality of the goods.  In this case; Cuban goods are not permitted. As @Corylax18 said if the border agents find them, they'll seize them.

[JohnnyO]

Look up the seizures of the port you are coming into. That will give you a better answer. John

[SCgarman]

This scenario sounds like more trouble than it's worth. Why not just order the CC's online from a vendor and have them shipped to your addy? Yeah, I'm aware of the customs part of the equation.

[Chas.Alpha]

7 hours ago, Cigar Surgeon said:

To directly answer your question: Your citizenship is irrelevant as the nation you're clearing customs in determines the legality of the goods.  In this case; Cuban goods are not permitted. As @Corylax18 said if the border agents find them, they'll seize them.

So, if I’m a UK citizen on a layover from Belgium and I bought a jade necklace from a country that is listed as “hostile” to the U.S., B&C can confiscate it? 
I have a hard time believing that. Of course, stranger things have happened here… 

[Cigar Surgeon]

31 minutes ago, Chas.Alpha said:

So, if I’m a UK citizen on a layover from Belgium and I bought a jade necklace from a country that is listed as “hostile” to the U.S., B&C can confiscate it? 
I have a hard time believing that. Of course, stranger things have happened here… 

Once you are required to clear customs, then its up to that country. Unless you are an Ambassador, your citizenship does not provide a special condition that overrides it.

A good example of this is Cuban cigars as a Canadian. Perfectly legal for me to buy, smoke, and own. If I travel to the US I cannot have them in my possession if I cross the border. Even if I already owned them.

If I were flying from Cuba to Canada and the plane had to make an emergency stop in the US, my goods are now subject to US customs despite the fact it was a direct flight and I'm a Canadian citizen. This has happened before to Canadian travelers.

[Fuzz]

15 minutes ago, Chas.Alpha said:

So, if I’m a UK citizen on a layover from Belgium and I bought a jade necklace from a country that is listed as “hostile” to the U.S., B&C can confiscate it? 
I have a hard time believing that. Of course, stranger things have happened here… 

If you are transiting through an airport internationally and do not pass Customs & Immigration, then there is no inspection besides the usual security check at the gate. But once you go through Customs, everything you have on you is subject to local laws.

[El Presidente]

3 hours ago, Fuzz said:

If you are transiting through an airport internationally and do not pass Customs & Immigration, then there is no inspection besides the usual security check at the gate. But once you go through Customs, everything you have on you is subject to local laws.

Transiting the US, you must go through immigration and then collect your bags and go through customs. Mexico is the same (from my experience). 

Generally there are zero problems transiting through the US and heading to to Cuba. On the way back however, questioning at immigration can be direct. You are one narky immigration officer away from having your bags inspected...even if you are just transiting. 

[Fuzz]

3 hours ago, El Presidente said:

Transiting the US, you must go through immigration and then collect your bags and go through customs. Mexico is the same (from my experience). 

Generally there are zero problems transiting through the US and heading to to Cuba. On the way back however, questioning at immigration can be direct. You are one narky immigration officer away from having your bags inspected...even if you are just transiting. 

As you once told me, all the nice Customs agents don't make the big leagues and have to stay at the smaller airports!

[Chas.Alpha]

8 hours ago, Cigar Surgeon said:

Once you are required to clear customs, then its up to that country. Unless you are an Ambassador, your citizenship does not provide a special condition that overrides it.

A good example of this is Cuban cigars as a Canadian. Perfectly legal for me to buy, smoke, and own. If I travel to the US I cannot have them in my possession if I cross the border. Even if I already owned them.

If I were flying from Cuba to Canada and the plane had to make an emergency stop in the US, my goods are now subject to US customs despite the fact it was a direct flight and I'm a Canadian citizen. This has happened before to Canadian travelers.

Did not know that!

[Arabian]

Just tell the officers these commie terrorists buggers are being eliminated one by one through smoking. Thank you for your service.  

I heard the law is you can’t enter the U.S if you visited Cuba prior let alone cigars unless you have a visa.

[Fuzz]

2 hours ago, Arabian said:

Just tell the officers these commie  terrorists buggers are being eliminated one by one through smoking. Thank you for your service.  

I heard the law is you can’t enter the U.S if you visited Cuba prior let alone cigars unless you have a visa.

They changed the rules for ETSA in 2021. If you have been to Cuba after Jan 2021, you cannot enter the USA under the ETSA visa waiver (apparently, it is a permanent ban from using ETSA). You can still enter the US, you just need to apply for a visa through the embassy or consulate.

[SignalJoe]

The important factor to remember is that ultimately US Customs agents are government employees. Meaning you will encounter a variety of competence and knowledge just as with any other government employees. I always come back from Cuba through Houston. Over the years I have found it all just boils down to luck oi the draw on the Customs agent you get, their knowledge and what mood they may be in.   

Returning in 2020 I admitted to having two boxes of cigars in my carry on ( I had several hundred more in the checked bags that I  didn't believe were part of the discussion). The agent asked me if I was allowed to have that many. When I said yes, he asked a coworker that said "he can have as many as he wants. The Cuban embargo is over." I wanted to ask for his name and schedule so I could go through his line every time, but discretion told me to just shut up and accept my good luck.  

In 2022 the Agent asked me where I was coming from. When I said Cuba his entire demeanor changed and he asked me if I knew that Cuba was on the list of State sponsors of terrorism. He wasn't interested in hearing that Americans are allowed to travel there under 12 catagories as outlined by the US State Department. Without any further questions he turned to his computer and began typing like he was in a FB argument. What seemed like an hour later (probably 2 minutes) he hollered out for an escort officer. I was told to fetch my checked bags and they were thoroughly searched. Every single cigar was found and the searching agent walked off suddenly and wordlessly leaving me standing alone wondering what the hell was going on. When he returned from a side office he said "I'm going to use officers discretion and allow you to keep your cigars. You can put them back in your bags." I never walked so fast in all my life as I did heading for the exit that night.  

In 2023 the couple in front of me said they had nothing to declare and the agent asked them why they didn't bring anything back. They said they were told if they brought anything back it would be confiscated. The agent assured them that wasn't true and they could have brought back rum and cigars. I chose to remain silent and didn't admit to having anything to declare. I flew through without any issue. 

In February of 2024 the guy in front of me got the "I need an escort officer" treatment and was taken off for additional scrutiny. When the agent called me forward I said "I need to know exactly what that guy said to you so I don't end up like him." The officer broke down in laughter and the only question I got was where was I coming from mixed in among the laughter and a closing "get the hell outta here."  

There you have it four different officers and not one of them knew the actual laws they are tasked with enforcing regarding Cuban goods. At the end of day it just comes down to pure dumb arse luck and maybe a bit of how serious the agent you end up in front views their responsibilties. And those are just the last four trips. The ones before those were a wild grab bag of agents that were just as bewildered.  

[Duxnutz]

I’m more fearful of the customs officers entering OZ finding cigars than any US one. Prob more likely to find enjoyers of the leaf more prevalently here. 
 

One has to treat the lines to these places like a supermarket and take a minute to look where the path of least resistance is. 
 

Airports are fun places. Look at this guy...
 

[El Presidente]

3 hours ago, Duxnutz said:

Airports are fun places. Look at this guy...

Ahhhh...Miami airport. 

It's a zoo