JSer

Two years ago we went to the Dominican Republic. While we were there we bought cigars that we assumed were Dominican Republic and two that were Cuban cigars. They people we bought them from assured us Americans could now bring in a few cigars since US relations with Cuba have changed. When we entered the US and were asked by Customs officer if we had anything we said Yes and pulled out the cigars. Well, we couldn't bring in the cigars and they were confiscated by the Customs agent. We filled out a form (not exactly sure what it said but I think it was that we were voluntarily given them up). We were not fined or charged with anything and sent along our way. Should we disclose this on our GE form and will we be denied GE because of this. We have no other violations or criminal record.

Often1

Always hard to tell, but if you obtain preliminary approval, you can expect to be asked about it at your interview.

If you are asked, you need to recognize that GE is a "trusted traveler" program and the CBP Officer is asking what amounts to the following question, "why should we trust you to be honest in the future if you were not honest in the past and relied on what some tobacco sales person told you?"

Have a solid answer which apologizes and makes no excuses of any kind. Make it clear that you learned your lesson and will be more vigilant going forward.

Let us know how it goes.

JSer

Thank you. I am hoping that the fact we freely disclosed we had them when first asked we will be fine. We did not try to hid them or sneak into the US with them. I had them on the top of my carry-on and showed the officer the cigars immediately when we met the officer. I believe that shows we were not trying to smuggle anything into the country.

Randyk47

My guess, and I qualify it that way because I'm no expert, is that if it truly was classified as a surrender and not as a discovered attempt to illegally import then you'll have no problem. Of course who knows what a particular agent wrote or entered into the system. I'd like to think there's a big difference between volunteering that you had Cuban cigars than having CBP discover them in your luggage especially if not declared.

wilp888

If the OP declares the cigars on his custom declaration form and showed it to the CBP officer, he has not committed any custom violation. One is allowed to purchase anything abroad and it is up to the CBP agent to decide whether that item(s) are admissable into the country. Since the OP declared to the CBP agent that he purchased the Cuban cigars and showed it to the agent, he is following the proper procedure. This scenario happens hundreds of times daily, especially with food items. Since the OP was not fined and not informed that he has commited a custom violation, it is safe to assume that no crime was committed. There is nothing to apologize about and there is no dishonesty involved.

N1120A

One can amend their declaration, which an oral declaration is. It sounds like no violation was committed.

JSer

Thank you. We did not disclose the cigars on our form because we assumed two Cuban cigars were OK along with our Dominican Republican ones BUT we did verbally disclose to the CBP agent when asked that we had cigars. He asked to see them and then informed us that Americans could not bring in any Cuban cigars to the US. We surrendered all 10 cigars (Cuban and DR), filled out a form and were sent on our way.

Question - do I then say YES to the GES question regarding customs violations?

Randyk47

I'd say answer no. Since you volunteered the information and surrendered the cigars without penalty then I'd let it go.

Often1

OP expressly states that he did not "volunteer" the statement. He was asked and answered a specific question by a CBP Officer and answered the question truthfully.

There is no way that I would lie and make a false statement on a GE application. If the act of attempting to bring the cigars into the US is disqualifying, it is disqualifying. But, if it is not, lying to CBP on your GE application most certainly is and has a greater chance of disqualifying.

If you are conditionally approved, this is where you explain to the Officer and are 100% apologetic for getting it wrong.

joejones

OP needs to read the question on the GE application carefully. I think the question is something like whether you "have been found in violation of any customs, immigration or agriculture regulations or laws," which seems to require some kind of official "finding" of guilt, and not just giving up contraband voluntarily at the port of entry. As long as you can logically explain your answer to the question, you should be fine.