Ed highlights an absolutely asinine regulation (instituted by the Bush administration in 2004) that prohibits
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.
In other word, you as a person "subject to the jurisdiction of the United States" (citizen or resident, I guess) cannot smoke a Cuban cigar anywhere on this planet even though the US does not have any legal authority over what you do outside the US. Are these people out of their farking mind? These are no doubt the same people who try and help American citizens avoid punishment when they break the laws of other countries.
This reminds me of something that happened in 2001. That summer, I and some colleagues were taking 45 students to London, Edinburgh & Dublin in a semester abroad. ASU’s Summer Study people told us that we had to enforce US law regarding consumption of alcohol (i.e. to prevent our students who were under 21 from consuming) while in countries that allowed drinking legally at the age of 18. We just nodded along to the administrator ... and ignored the sheer stupidity of the attempt to enforce US law in a foreign country.
I'm afraid this Cuban thing isn't going to go away soon. The Cuban emmigre community is too important a voting block for either party to risk alienating. Until they are seen as being OK with a change of policy -or Florida's politics becomes so lopsided that their support become unimportant, we are stuck with the current rather sorry state of affairs.
The irony is that capitalism is poison to communism, and no faster way exists to bring down a communistic system regardless if a figurehead stays in power or not. The old Soviet commies knew what they were doing banning blue jeans and Beatles' records - wouldn't take much of that medicine to undermine the already shaky 5-year plan.
As well as the blockade has (not) worked we could have brought a modern economy to Cuba decades ago by buying their cigars and selling them new cars and whatever.
But hey, let's keep on doing the same thing whether it works or not. :-(
The whole Cuba embargo is silly, of course.
That said, this is not a uniquely US thing, and not completely off the wall. For instance, at least in Sweden (and, I think, most EU countries) you can be - and people have been - prosecuted for having used underaged prostitutes in third-world countries, even if you were not charged in that country.
Sorry for double comment - rambling in need of caffeine, I guess. I meant to say trade is better than guns against communism. But I would say that, if it meant I could buy Cuban cigars! ;-)
Prosecuting people for things they do in foreign lands goes on all the time. The new regulation is nothing new in that department.
For something really silly...
You're on vacation in Kentucky. You meet your 16 year old neighbor and her family on vacation in Kentucky to. Things happen and ... Keep in mind that 16 year olds are of age in Kenutcky.
You go back home, where the age of consent is 18. Word gets out (16 year olds do talk) and a month later the Feds are at your door. You're being charged with taking a minor across state lines for immoral purposes. Yes, there are people convinced such things are called for. And you thought creationists plumbed the depths of human dumb.
even though the US does not have any legal authority over what you do outside the US
Extraterritoriality is a well established and respectable legal concept. In many ways it's essential in a modern, globalised world - without it, you can commit more-or-less any business crime you like by careful choice of routings and juristictions. Without extraterritoriality, if you want to sell guns to Al Qaeda, it's no problem - just broker the transaction through a different country (say, Burma). As long as the guns never hit US soil, the Feds can't touch you, because you haven't committed a crime inside the US.
While the Cuba situation is somewhat strange, extraterritoriality (as Dunc points out) is essential. Janne might find it strange that people can be 'prosecuted for having used underaged prostitutes in third-world countries, even if you were not charged in that country'. Personally, the idea that a pervert can pay to have sex with children in a (usually) poor country and get away with it seems a perfect example of why we need the concept.
On the other hand, common sense should also be applied - which is why John quite rightly let US students have a brief taste of non-fake ID freedom - most of our youths seem to start drinking well before 18 anyway!