Originally Posted by jaewing
http://usembassy.state.gov/posts/cu1/wwwhleg.html
This is a good link to some information. I may do some research (since I am an attorney) with regard to "possession" being covered under the Act. However, how does one possess a cuban product unless he violated the "buy, sell, trade, deal in, import" prohibitions which are covered in the Act?
Interesting question.
Jaewing - I don't know what area of law you practice - and I'm interested in your research of this issue - and please don't take insult from this, but unless you practice law related to criminal prosecution on the Federal level, you're opinion is about the same as mine.
I will say this, being in the criminal justice system - as much as one may try, stretching a prosecution for "possession" out of "buy, sell, or trade" is fraught with disaster. You'd have some HUGE legal hurdles to overcome to establish proof beyond a reasonable doubt in that case, not the least of which being there is no specific charge for possession. You'd have some HUGE legal hurdles to establish probable cause for an arrest warrant - and probable cause is just above a "hunch" on the proof scale.
I have a funny feeling we're not going to see the Cuban cigar nazi's breaking down our doors, cleaning out our stashes. It is wise of you Hex, not to bring on the ire of the federal government on this issue. It is still considered "Trading with the Enemy" - and in our current political climate, it's not a good idea to be considered trading with the enemy (although Fidel Castro is small potatoes compared to others the government is interested in).
I personally don't see anything wrong with talking about Cuban cigars. I can see a Mods position of wanting to call them something else other than Cuban cigars for the good of the board. I can also see establishing a rule which discourages talking openly about sources, trades and sales. And I absolutely HATE those people who post the shill sites selling fake Cubans. But, if there is to be a rule, then I believe guidelines need to be established. Black and White - you talk about it or you don't. If you are going to allow conversations about, then what is permissable? And the rule should not be arbitrary, it should be universal. Mods should be PMing those that are violating the rules - EVERYONE violating the rule...
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