Inquiry of Cuban Cichlids - Split Posts

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Interesting. Do fish count as merchandise?

Transactions Involving Cuban-Origin Goods in Third Countries

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
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fish do not count as merchandise,nor does birds or reptiles(nice try)
 
Except for publications, other informational materials (such as CDs and certain artwork), certain donated food, certain licensed legal and telecommunications services, and certain goods licensed for export or re-export by the U.S. Department of Commerce (such as medicine and medical devices, food, agricultural commodities, and gift parcels), no products, technology, or services may be exported from the United States to Cuba, either directly or through third countries, such as Canada or Mexico, absent a specific license from OFAC. This prohibition includes dealing in or assisting with the sale of goods or commodities to or from Cuba, even if done entirely offshore. Such brokering is considered to be dealing in property in which Cuba has an interest and is therefore prohibited. Provision of consulting services is also prohibited. Thus, no U.S. citizen or permanent resident alien, wherever located, and no foreign subsidiary or branch of a U.S. organization, may export products, technology, or services to Cuba or to any Cuban national, wherever they may be located, or broker the sale of goods or commodities to or from Cuba or any Cuban national.
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I found this on page 12 and 13 of this link.

Where does it say that fish, birds, and reptiles aren't considered merchandise?
 
I just think it's really rediculous to expect no questions if you post something like this.

Seriously guys... if there is a LEGAL way to source cichlids for the hobby from Cuba, let's hear about the process. I'd love some ramsdeni!

Matt
 
where does it say they are? so you are trying to say if i go to a pet store or vendor in canada and purchase a pair of cuban cichlids(which is not illegal in the us)and i bring them back across the border they will question if they are from cuba. No they will not(it is not illegal to transport pets across the border)i know this first hand because i have moved from canada to here with all my fish and tanks,all that happened at the border was customs searched to make sure i wasn't hiding anything ILLEGAL and send you on through. I still have relatives in canada and go back and forth all the time. as long as the fish or what ever is not on a cities list you are cool. most of the people at the border wouldnt know a cuban cichlid anyway.
 
Cuban cichlids aren't illegal but "no products, technology, or services may be exported from the United States to Cuba, either directly or through third countries, such as Canada or Mexico, absent a specific license from OFAC" is pretty specific.

IF live fish are considered merchandise and IF they're wild caught from Cuba and are inside the US then I do think it would be a violation of US law and subject to $250,000 fines for individuals and up to 10 years in prison. Civil penalties of up to $65,000 per violation may be imposed by OFAC.

Which is really news to me as I figured you could just pop up into Canada and bring Cuban goods back.

I'm searching really hard on if fish would be considered merchandise but I can't find anything. I'm not sure where to look.

If fish aren't considered merchandise or if Oliver had the permit from the OFAC then all of this is moot.

Shoot, I'll email him myself.
 
I searched the regulation for "fish", "reptile" and "bird" and nada.

AS I understand, it would be illegal to bring fancy guppies or F200 cuban cichlids purchased or acquired in Cuba into the US (whether thru Canada or directly)...

Matt
 
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