Trading with the Enemy? WTH?

[CubanKid58]

I sold 7 certified Cuban coins in early April on eBay. I listed an additional 3 certified Cuban coins for sale on eBay on April 10. I received a warning that eBay did not accept listings for embargoed items as of April 9, 2013. It appeared to be just a warning as it allowed me to list them.

 

However, on April 11 I went to change something on one of the listings and got the same message when I clicked the “Continue” button. However, on this day, when I clicked the “Submit revisions” button, it would not allow me to continue and displayed a message saying:

 

"Listing for stamps, coins, or paper money from Cuba are not permitted. eBay's policy prohibits the sales of most items that originate from Cuba due to sanctions enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). If you list such an item in violation of this policy, we will remove the items covered and may prohibit you from further use of our services."

 

I think this new policy is improperly interpreting the “Trading with the Enemy Act” and subsequent laws on trading of Cuban products, especially First Republic coins, that were:

 

1. Produced in United States

2. Produced before the embargo in 1962

3. Brought to this country before the embargo

4. Not being traded with anyone in Cuba

 

So what’s next? Is NGC going to be prohibited from grading such coins? Will Heritage Auctions be prohibited from selling them?

 

So here it is, April 20, and any items listed before April 9 remain on the site, and any listings set to automatically re-list continue to re-list. However, no new items are allowed. In addition, it now seems that PayPal is following suit and reviewing transactions based on the word "Cuba" appearing in the transaction.

 

Should they ban the sale of Second Republic (those minted in Cuba after Castro's rise to power)? Absolutely, because they were produced and obviously imported/smuggled after the embargo

 

Should they ban the sale of First Republic (those minted in the US prior to Castro's rise to power and hence prior to the embargo) to or from other countries? Maybe, since one could argue that they may have been exported/smuggled from Cuba since the embargo and the person at the other end of the transaction could be a Cuban national

 

Should they ban the sale of First Republic coins within the US? ABSOLUTELY NOT! That is ridiculous. This only hurts eBay and makes it difficult (there are other ways to sell than eBay) for us to pursue our hobby

 

As a Cuban expatriate, collecting only pre-Castro (i.e. First Republic) coins, I am angry that my passion for all things of Cuba prior to Castro (and being traded in the US) is being included in this policy. My hatred of the regime is the reason I do not collect anything produced by it, and as a U.S. Citizen, I feel my rights are violated.

 

A little common sense would be appreciated.

[e1cnr]

Don't know the value, but eBay still has cuban coin categories... Can you list if you do not use the word CUBA in the title? just like unrecognized slabs?

[CubanKid58]

As stated, items already listed before April 9 and set to automatically re-list, are doing just that, but the number of items listed is dwindling daily.

 

I suspect one can list an item without Cuba in the title in some category other than "World Coins -> North America -> Cuba", but what would be the point if no one could find it? I haven't tried yet.

[gmarguli]

Should they ban the sale of Second Republic (those minted in Cuba after Castro's rise to power)? Absolutely, because they were produced and obviously imported/smuggled after the embargo

 

Yet they may have left Cuba and entered the US legally. From Cuba to another country and then into the US years later. Also, many of the modern Cuba commemoratives probably never touched Cuban soil. They were likely minted in other countries.

 

A little common sense would be appreciated.

 

This is eBay you're talking about. The company is run by insufficiently_thoughtful_persons.

[CubanKid58]

UPDATE: The number of Cuban coins listed on eBay are shrinking by the day. Some friends have had their listing of Cuban coins removed by eBay. My PayPal account is still "limited". I've received no response from eBay or PayPal yet. And the kicker:

 

On the day of my original post, I had a PayPal transaction to pay for a couple of Cuban coins I was buying from a seller in San Jose, CA (that's still in the US, right?) blocked. Both our accounts were "limited". Today I bought and paid for a Cuban coin through PayPal from a seller in Canada. No issues whatsoever.

 

Now, I know my transaction with the San Jose seller did not involve any "Cuban nationals", but I can't be certain the transaction with the Canadian seller does not involve a "Cuban national."

 

Shouldn't this have happened the other way around?