OFAC Guidance - Cuban Cigar Update (Notable Removed Guidance)

Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.

Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).

Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category). Please contact [email protected] or [email protected] with any questions on search results and efficiency.

Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.

TURBOFAC Commentary (479 words)

Notes:

1) This "Cuban Cigar Update" (see first version at First Cuban Cigar Update (1998)) was published in part as response to the removal of the general license permitting the importation of $100 worth of Cuban merchandise as accompanied baggage. A version of that general license has since been reinstated (see 515.544).

2) While removed from OFAC's Cuba landing page, this link to the guidance is live as of 3-12-23, and remains notable for the statement that:

"OFAC does not consider cigars produced from tobacco grown and harvested in a third country from Cuban seeds to constitute a growth or product of Cuba."

This statement, which OFAC has not repudiated publicly, puts some limit around how extreme an interpretation OFAC assigns to 515.204(c), which prohibits dealings in products "made or derived in whole or in part of...

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Cuban Cigar Update (#2)

TURBOFAC Commentary (479 words)