OFAC may be distracted from bigger criminals than Americans

[El Presidente]

OFAC may be distracted from bigger criminals than Americans traveling to Cuba

http://havanajournal.com/politics/entry/of...raveling-to-cu/

By MARC LACEY | New York Times

Catching Americans who travel illegally to Cuba or who purchase cigars, rum or other products from the island may be distracting some American government agencies from higher-priority missions like fighting terrorism and combating narcotics trafficking, a government audit to be released Wednesday says.

The report, from the Government Accountability Office, says that Customs and Border Protection, which is part of the Department of Homeland Security, conducts secondary inspections on 20 percent of charter passengers arriving from Cuba at Miami International Airport, more than six times the inspection rate for other international arrivals, even from countries considered shipment points for narcotics.

That high rate of inspections and the numerous seizures of relatively benign contraband “have strained C.B.P.’s capacity to carry out its primary mission of keeping terrorists, criminals and inadmissible aliens from entering the country at Miami International Airport,” says the audit, a copy of which was obtained by The New York Times.

The audit also called on the Treasury Department to scrutinize the priorities of its Office of Foreign Assets Control, which enforces more than 20 economic and trade sanctions programs, including those aimed at freezing terrorists’ assets and restricting the proliferation of weapons of mass destruction, but has long focused on Cuba.

Between 2000 and 2006, 61 percent of the agency’s investigation and penalty caseload involved Cuba embargo cases. Over that period, the office opened 10,823 investigations into possible violations involving Cuba and just 6,791 investigations on all other cases, the audit found.

Critics of the American embargo on Cuba seized on the report as evidence that Washington’s policy, which began in the Kennedy administration and has grown more stringent ever since, was outdated.

“This is not good policy,” said Representative Charles B. Rangel, Democrat of New York, who requested the report a year ago with Representative Barbara Lee, Democrat of California. “It’s vindictive. It’s stupid. It’s costly. And now we find out it’s a threat to our national security.”

The State Department, in a statement responding to the audit, said enforcing the Trading With the Enemy Act, which prohibits Americans from spending money in Cuba without authorization from Washington, remained an important tool to isolate the Cuban government. Loosening the embargo, which the leading Democratic presidential candidates have called for in the campaign, would “provide increased revenue to the successor dictatorship run by Raúl Castro, and prolong its tight control over all aspects of Cuban life,” the department said.

The Bush administration’s tightening of the Cuba sanctions in 2004 appears to have discouraged many Americans from visiting the island. Manuel Marrero, Cuba’s tourism minister, acknowledged as much in a recent interview in Havana, blaming the “blockade,” as Cubans call the embargo, for scaring Americans away.

“Sooner or later, there will be justice for the people of the United States, and they will be allowed to visit and share with our people,” Mr. Marrero said.

Even with the number of American visitors down 37,000 in 2006, from 84,500 in 2003, according to the Cuban government, the United States government devotes significant resources to pursuing those who still go.

Most passengers arriving in Miami from Cuba are American citizens or residents who fly on charter flights and have American government permission to visit relatives on the island. But they are forbidden to bring Cuban products back to the United States. Still, searches regularly turn up cigars, bottles of rum and pharmaceutical items in the travelers’ luggage.

Most of the charter flights from Cuba arrive in Miami around midday, with five flights landing between 11:30 and 11:40 a.m. and additional flights in the afternoon.

As those passengers collect their luggage, most of the three secondary inspection facilities and most of the customs personnel are focused on them. As a result, the audit found, inspection of other arrivals is sometimes delayed.

Most of the Americans who visit Cuba each year do not go directly from Miami but use third countries like Canada, Mexico, Jamaica or the Bahamas. Catching them is difficult but not impossible. In some cases, American immigration officials simply observe them getting off flights from Havana at foreign airports where the United States has a presence, officials say.

Those who are caught violating the embargo are referred to the Treasury Department. Officials there say that Cuba cases, most of which involve unlicensed travel and the importation of Cuban cigars, consume a relatively small portion of staff time and do not affect enforcement of other sanctions programs.

The Treasury Department relies on warning letters and informal settlements for lower fines than on formal administrative hearings. On top of that, officials said they have recently begun focusing more of their resources on other programs and less on Cuba enforcement.

The statistics bear that out. Between 2000 and 2005, there were 8,170 violations of the Cuba embargo, which accounted for more than 70 percent of the agency’s total penalty cases.

In 2006, however, the number of cases pursued dropped significantly. That year, only 290 people were fined for violating the embargo, accounting for 29 percent of the agency’s penalty cases.

Although the Treasury Department can assess civil fines of up to $55,000 for those who violate the embargo, most penalties are considerably lower. Between 2000 and 2006, the average violation brought a $992 fine.

In 2007, 13 people have been fined, most for under $1,000, for ordering Cuban cigars over the Internet, an increasingly common violation. One of the largest fines went to Travelocity, the Internet travel agency, which had to pay $182,750 for booking nearly 1,500 flights to Cuba from 1998 to 2004.

James C. McKinley Jr. contributed reporting.

[Colt45]

» Catching Americans who travel illegally to Cuba or who purchase cigars,

» rum or other products from the island may be distracting some American

» government agencies from higher-priority missions like fighting terrorism

» and combating narcotics trafficking, a government audit to be released

» Wednesday says.

I read this earlier today. I guess there are many ways to look at it, but in the end, illegal is illegal.

If U.S. citizens didn't break these laws, the government could devote these resources to where

they are most needed.

[greenpimp]

»

» I read this earlier today. I guess there are many ways to look at it, but

» in the end, illegal is illegal.

» If U.S. citizens didn't break these laws, the government could devote

» these resources to where

» they are most needed.

You don't really believe this, do you Colt? I am assuming this is tongue in cheek

[broozer]

» » Catching Americans who travel illegally to Cuba or who purchase cigars,

» » rum or other products from the island may be distracting some American

» » government agencies from higher-priority missions like fighting

» terrorism

» » and combating narcotics trafficking, a government audit to be released

» » Wednesday says.

»

» I read this earlier today. I guess there are many ways to look at it, but

» in the end, illegal is illegal.

» If U.S. citizens didn't break these laws, the government could devote

» these resources to where

» they are most needed.

true, but would you want our govt. agencies devoting most of their resources to catching people smoking weed and not murderers and rapist? i'd prefer them leave the pot smokers alone.

bruce

[Colt45]

» You don't really believe this, do you Colt? I am assuming this is tongue

» in cheek

It's just one point of view. Let me put it this way. I believe in people taking responsibility for

their actions. I've weighed and understand the risks of being here. If I were to end up in trouble,

I'd have no one to blame but myself, and wouldn't start whining about government policy, etc.

» true, but would you want our govt. agencies devoting most of their

» resources to catching people smoking weed and not murderers and rapist?

I'd love to see all hard crimes prosecuted to the maximum, and not blamed on society etc.

But at the risk of sounding redundant, people who knowingly commit any type of crime should be

willing to take responsibility for their actions, and any consequences thereof.

[greenpimp]

»

» It's just one point of view. Let me put it this way. I believe in people

» taking responsibility for

» their actions. I've weighed and understand the risks of being here. If I

» were to end up in trouble,

» I'd have no one to blame but myself, and wouldn't start whining about

» government policy, etc.

»

» » true, but would you want our govt. agencies devoting most of their

» » resources to catching people smoking weed and not murderers and rapist?

»

» I'd love to see all hard crimes prosecuted to the maximum, and not blamed

» on society etc.

» But at the risk of sounding redundant, people who knowingly commit any

» type of crime should be

» willing to take responsibility for their actions, and any consequences

» thereof.

I agree, to the extent that I accept the responsiblity for my actions. However, I do not approve of this set of laws. The government chooses (quite foolishly) to devote more manpower to this silly embargo than catching Bin Laden, for example. I refuse to follow the logical pathway that I am removing manpower from catching terrorists by smoking Cuban cigars. That is a backdoor justification by our government.

If I did truly believe it, however, I would therefore feel very guilty about my supporting terrorists through my Cuban cigar consumption and would be forced to stop immediately. ;-)

[El Presidente]

I J walk when I see it is safe to do so.

I take an Esky with wine to a public park for a picnic (like all Aussies do) although it is technically illegal here in this state.

I shoot with friends without a firearms license. I have been hunting since I was 8. It is illegal.

I refuse to fish with a License in Salt water. I pay for impoundment (fresh water) licenses for at least they stock the dams.

I refuse to answer questions when I have passed immigration outbound. They checked my luggage, I have my boarding pass...they have no right to know why I am going somewhere or where I am staying.

Bad laws I am prepared to dismiss. I will pay the penalty happily.

[Colt45]

» I agree, to the extent that I accept the responsiblity for my actions.

» However, I do not approve of this set of laws. The government chooses

» (quite foolishly) to devote more manpower to this silly embargo than

» catching Bin Laden, for example. I refuse to follow the logical pathway

» that I am removing manpower from catching terrorists by smoking Cuban

» cigars. That is a backdoor justification by our government.

Could we not argue though, that whether we believe in or agree with the laws, that while they are

in effect, that the importation of contraband does, in fact, remove manpower from other areas?

(just making conversation)

» I shoot with friends without a firearms license. I have been hunting since

» I was 8. It is illegal.

Tsk, tsk, tsk - this from the man who feels his country is safer without it's people having guns..... ;-)

[shrink]

“This is not good policy,” said Representative Charles B. Rangel, Democrat of New York, who requested the report a year ago with Representative Barbara Lee, Democrat of California. “It’s vindictive. It’s stupid. It’s costly. And now we find out it’s a threat to our national security.”

Charlie pretty much sums it up...

[aavkk]

I understand the laws pertaining to the embargo and the justification for the embargo. But isnt it crazy that while spending time in Miami right now I realize that for me to get the cigars I want they have to be shipped from a place 105 miles from my house 1/2 way around the world and back. Its just cruel that I should have to sit these cigars down for 30 days just to stabilize!

That being said, I wouldnt have found this great forum and had the opportunity to converse with obviously great people had this silly law not been in place. I am really looking forward to meeting Lisa on the 29th and hopefully making some long-term friends. Cheers.

[shortsqueeze]

» I read this earlier today. I guess there are many ways to look at it, but

» in the end, illegal is illegal.

» If U.S. citizens didn't break these laws, the government could devote

» these resources to where

» they are most needed.

We aren't talking about Utopia. Common sense must prevail. Waste resources on insignificant things and significant things will suffer. The US gov't is making a conscious/calculated decision to chase these "crimes" while terrorists and their money run freely through our banks. The laws are political in the first place, and enforcement of such is a breach of the trust and security our country is supposed to be providing to us. The blood is on the hands of the US gov't as far as I'm concerned. They had a chance to spend OFAC's time and resources much more wisely than they are choosing to do.

[Colt45]

» We aren't talking about Utopia. Common sense must prevail. Waste

» resources on insignificant things and significant things will suffer. The

» US gov't is making a conscious/calculated decision to chase these "crimes"

» while terrorists and their money run freely through our banks. The laws

» are political in the first place, and enforcement of such is a breach of

» the trust and security our country is supposed to be providing to us. The

» blood is on the hands of the US gov't as far as I'm concerned. They had a

» chance to spend OFAC's time and resources much more wisely than they are

» choosing to do.

Bottom line is that anyone smuggling contraband is making the government's job harder,

and is not without some blame.

For me to expect my country to provide me safety and security while I turn my back on doing

my part is folly.

[greenpimp]

» Could we not argue though, that whether we believe in or agree with the

» laws, that while they are

» in effect, that the importation of contraband does, in fact, remove

» manpower from other areas?

» (just making conversation)

»

»

» Bottom line is that anyone smuggling contraband is making the government's

» job harder,

» and is not without some blame.

» For me to expect my country to provide me safety and security while I turn

» my back on doing

» my part is folly.

Colt---just for further conversation, though I usually stay away from political threads.

So by this logic, let us say that my city's government has decided to run a massive crackdown on jaywalking. They move 2/3 of the police to enforce it. The result is that more than a few people die because of lack of emergency care, the incidence of drunk driving accidents triples, and there are successful crime sprees on the local banks and businesses because of the lack of police presence. So by your logic, the jaywalkers are responsible for those deaths and rapes and burglaries because of their "removal of manpower?" I vehemently disagree. This is a poor decision by the local government. All laws cannot and should not be enforced with the same vigor. That is folly.

As far as contraband...these are CIGARS. Not drugs, weapons, dirty money, child pornography. The only thing I feel bad about is helping to support a political system that is oppressive. Like I feel when I look at made in China stickers everywhere.

I am interested in how you justify purchasing, importing, and consuming Cuban cigars Colt. You seem very committed to the premise that their importation into the US aids terrorism. If you truly feel that way, I do not see how you can continue to smoke Cuban cigars. Or is this just another manifestation of your sig tag LOL.

[Colt45]

GP, we are just having a conversation - at least that's how I feel. In my initial post, I just wanted

to put forth my opinion that there is usually more than one side to a story. In my following posts,

perhaps I am just playing devil's advocate. To me this is less about politics than personal accountability.

The one point I would disagree with you on would be my feeling I am aiding terrorism.

I never really said that, but I can see how one might come to that conclusion, and I'm willing

to fall on my sword on that one, though to be honest, the thought never crossed my mind.

I like the jaywalking scenario, and I don't disagree, but I ask this: If one were to get struck

by a car while jaywalking, how many of us would take responsibility and be willing to pay for

any damages to the motorist's vehicle?

And how many of us would lay blame on the motorist and sue their insurance company?

I have, and still do, wrestle with smoking Havanas - my signature is no joke!

[greenpimp]

Colt--I am not upset in the slightest, nor could be. This is just a philosophical conversation to me. I hope my tone was not offputting or anything, I just typed what I thought without worry.

My point was only following your statement to a logical conclusion.

One thing I grow tired of is how everything is now connected to terrorism. My feeling is that if you commit a crime or infraction, for the most part that is what you are guilty of. Now they even connect smoking pot to funding terrorists. Etcetera etcetera.

"Not only are you guilty of filming pornography, but you have killed Santa!"

Anyway merry f'in Christmas as Mister Garrison sings, eh? :-D