New Regulation Interpretation Decision By U.S. Supreme Court Could Impact Cuba-Related Decisions (Commerce And Travel) By Biden-Harris Administration And A Potential Second Trump Administration.

New Regulation Interpretation Decision By United States Supreme Court Could Impact Cuba-Related Decisions By Biden-Harris Administration And Potential Trump Administration. 

Potential To Reverse, Authorize Despite Preference By The White House.  

Federal Court Judges Could Be Asked To Decide Issues Relating To Commerce And Travel.  

Trading with the Enemy Act (TWEA) of 1917, Cuban Democracy Act (CDA) of 1992, Cuban Liberty and Democratic Solidarity Act (Libertad) of 1996, and Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000 each have Republic of Cuba-centric provisions which have been implemented by United States government agencies, departments, and other entities. 

In some instances, the language in the statute provides clarity, provides a requirement as to how a provision is to be defined, is to be interpreted, and is to be implemented.

In other instances, the language in the statute permits, specifically or by interpretation, the executive branch to determine if, when, and how a provision is adopted.

Members of the United States Congress (House of Representatives and Senate) who have an interest in Republic of Cuba-centric and Republic of Cuba-related legislation focus upon how a statute may be implemented by the executive branch.

The primary executive branch entities which manage and implement Republic of Cuba-centric and Republic of Cuba-related statues are the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, Bureau of Industry and Security (BIS) of the United States Department of Commerce, Office of Cuban Affairs (OCA), Office of the Legal Adviser (OLA), and other offices within United States Department of State.

The 28 June 2024 decision by the United States Supreme Court which returns to the judicial branch a role in interpreting statutory provisions which have been previously interpreted by instrumentalities of the executive branch does not necessarily mean there will be an immediate document avalanche arriving on the steps of ninety-four (94) United States District Courts.

However, there may be court filings, particularly in the three (3) U.S. District Courts located in the State of Florida.  The Northern District with four (4) offices.  The Middle District with five (5) offices. The Southern District with five (5) offices- importantly the cities of Miami, Fort Lauderdale, West Palm Beach, Fort Pierce, and Key West.  

Plaintiffs (with prodding and assistance from members of the United States Congress) could focus upon how TWEA, CDA, Libertad, and TSREEA statutes have provisions interpreted by the executive branch that 1) Authorize rather than prohibit and 2) Not authorize rather than permit United States-based public sectors and private sectors re-engagement with Republic of Cuba-based public sectors and re-emerging private sectors.

SUPREME COURT OF THE UNITED STATES

Syllabus

LOPER BRIGHT ENTERPRISES ET AL. v. RAIMONDO, SECRETARY OF COMMERCE, ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 22–451. Argued January 17, 2024—Decided June 28, 2024*

excerpts

The Court granted certiorari in these cases limited to the question whether Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, should be overruled or clarified. Under the Chevron doctrine, courts have sometimes been required to defer to “permissible” agency interpretations of the statutes those agencies administer—even when a reviewing court reads the statute differently. Id., at 843. In each case below, the reviewing courts applied Chevron’s framework to resolve in favor of the Government challenges by petitioners to a rule promulgated by the National Marine Fisheries Service pursuant to the Magnuson-Stevens Act, 16 U. S. C. §1801 et seq., which incorporates the Administrative Procedure Act (APA), 5 U. S. C. §551 et seq.

Held: The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled. Pp. 7–35.

Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires. Careful attention to the judgment of the Executive Branch may help inform that inquiry. And when a particular statute dele gates authority to an agency consistent with constitutional limits, courts must respect the delegation, while ensuring that the agency acts within it. But courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous. Because the D. C. and First Circuits relied on Chevron in deciding whether to uphold the Rule, their judgments are vacated, and the cases are remanded for further proceedings consistent with this opinion. It is so ordered. 

LINK TO COMPLETE DECISION IN PDF FORMAT

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

U.S. Ag/Food Exports To Cuba Increased 45.9% In April 2024; Up 45.8% Year-To-Year. Additionally, US$3.3 Million In Vehicles (Including Motorcycles). Private Companies Driving Diversity In Exports.

ECONOMIC EYE ON CUBA©

June 2024

April 2024 Ag/Food Exports To Cuba Increase 45.9% - 1

53rd Of 219 April 2024 U.S. Food/Ag Export Markets- 2

Year-To-Year Exports Increase 45.8% - 2

Cuba Ranked 48th Of 219 U.S. Ag/Food Export Markets - 2

April 2024 Healthcare Product Exports US$0.00 - 2

April 2024 Humanitarian Donations US$7,930,672.00 - 3

Obama Administration Initiatives Exports Continue To Increase - 3

U.S. Port Export Data- 19

APRIL 2024 FOOD/AG EXPORTS TO CUBA INCREASE 45.9% - Exports of food products and agricultural commodities from the United States to the Republic of Cuba in April 2024 were US$28,102,367.00 compared to US$19,248,734.00 in April 2023 and US$18,089,515.00 in April 2022.

The data contains information on exports from the United States to the Republic of Cuba- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce.

The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. The TSREEA does not include healthcare products, which remain authorized and regulated by the CDA.

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA and CDA. The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

January 2024 through April 2024 TSREEA exports were US$141,100,086.00 compared to January 2023 through April 2023 TSREEA exports of US$96,711,465.00.00.

Total TSREEA exports since first deliveries in December 2001 exceed US$7,387,433,479.00.

LINK TO COMPLETE REPORT IN PDF FORMAT

LINK TO COMPLETE LIST OF PRODUCTS IN 2023 EXPORTED FROM THE UNITED STATES TO CUBA

Russia's Novikombank, Sanctioned By OFAC, Opens Office In Cuba. Develop Further Investment/Financing For SME’s In Cuba, Connect Them With Entrepreneurs In Russia?

Russian Federation-Based Novikombank, Sanctioned By OFAC, Opens Office In Cuba.   

New Conduit For Commercial Transactions Into And Out Of Cuba.   

Helping Develop Further Investment And Financing For SME’s In Cuba And Connect Them With Entrepreneurs In Russian Federation?

On November 23, 2007, Vladimir Putin, President of the Russian Federation (2000-2008 and 2012- ), signed Federal Law № 270-FZ to create the State Corporation for the Promotion of the Development, Manufacture, and Export of High-Tech Products (Rostec).  Moscow, Russian Federation-based Rostec is the majority shareholder in Moscow, Russian Federation-based Novikombank (Novikom).

Wikipedia: “Rostec comprises about 800 enterprises, which together form 15 holding companies: eleven in the defense-industry complex and three in civil sectors.  Rostec's organizations are located in 60 constituents of the Russian Federation and supply goods to over 70 countries worldwide…  2014 EU sanctions listing for Chemezov describes how Rostec subsidiaries supported Russia's annexation of Crimea.”

• “On 24 February 2022 the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Novikombank under E.O. 14024 for operating or having operated in the financial services sector of the Russian Federation economy. Subsidiary companies were also sanctioned.”  

• “On 28 June 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated 70 entities, many of which are critical to the Russian Federation’s defense industrial base, including State Corporation Rostec, the cornerstone of Russia’s defense, industrial, technology, and manufacturing sectors, as well as 29 Russian individuals.”

• From OFAC: “State Corporation Rostec (Rostec) is a massive Russian state-owned enterprise formed to consolidate Russia’s technological, aerospace, and military-industrial expertise. Rostec is a holding company whose subsidiaries are engaged in a wide range of industries, including automotive, defense, aviation, and metals. In addition to leading Russia’s domestic defense production, Rostec also facilitates foreign trade in defense and related materiel as well as civilian and dual-purpose products. Rostec’s management umbrella includes more than 800 entities across a wide range of sectors…  Rostec was designated pursuant to E.O. 14024 for operating or having operated in the defense and related materiel sector of the Russian Federation economy. As a result, all entities owned 50 percent or more, directly or indirectly, by Rostec are blocked, even if not identified by OFAC.  Today’s action built upon previous designations of certain Rostec’s holdings pursuant to E.O. 14024 in recent months and Rostec’s previous addition to OFAC’s Sectoral Sanctions Identifications List (“SSI List”) pursuant to Directive 3 of E.O. 13662 following Russia’s 2014 invasion of Ukraine. Rostec is also sanctioned by Australia, Canada, the European Union (EU), New Zealand, Switzerland, and the United Kingdom (UK).”

From Novikom Internet Site:

”Novikom today:  Since its foundation in 1993, Novikom has been financing strategic high-tech industries of the real sector of the Russian economy, facilitating implementation of ambitious national-wide projects, investing in the future of the country.

Our benefits:  Bank of the Russian industry and high technologies.  Novikom offers efficient financial instruments for leading national enterprises and is a reliable partner in addressing challenges facing the Russian industry.

2023 Assets: 530.5 billion Rubles (among twenty largest banks in the Russian Federation)
2023: 362 billion Rubles- credits issued to machine-building and hi-tech companies account for 85.6% of the loan portfolio of the bank.

Small And Medium-Size Enterprises (SME): Novikom maintains its comprehensive program of cooperation with small and medium enterprises.  The small and medium business program of Novikom targets companies and individual entrepreneurs with an annual revenue of up to 2.0 billion roubles.  The main benefit of the Novikom Program in terms of crediting are simple and clear credit and guaranty products meeting all requirements of business, individual work of personal managers with each client, short Time To Yes.  We are ready to offer your company the whole range of banking services and we will be glad to see you among our clients.  We strive to consider the needs of our clients in the most flexible way: in addition to standard banking and investment products and services we offer non-standard solutions, often acting as innovators in the Russian market.

The Bank’s full trade name: Joint-Stock Commercial Bank «NOVIKOMBANK»
Contracted name: JSCB “NOVIKOMBANK”
Date of state registration: October 25, 1993
Authorised capital: 11,750,822,000 roubles
Legal address: Russia, 119180, Moscow, 50/1, bld.1, Polyanka Bolshaya str.
Actual address: Russia, 119180, Moscow, 50/1, bld.1, Polyanka Bolshaya str.
Telephone: +7 (800) 250-70-07, +7 (495) 974-71-87
Telex: 611691 NVKOM
SWIFT: CNOVRUMMXXX
Reuters Dealing: NOVM
Код Reuters Dealing: NOVM
E-mail: office@novikom.ru
Web-site: https://novikom.ru/

Requisites
Correspondent account: 30101810245250000162 with GU of the Bank of Russia in CFO
BIK: 044525162
INN: 7706196340
KPP: 770601001
OGRN: 1027739075891

Statistic codes
OKPO: 17541272
OKOGU: 1500010
OKATO: 45286596000
OKTMO: 45384000
OKFS: 16
OKOPF: 67
OKVED: 64.19
Date of registration: August 15, 2002

Corporates

Novikom’s customer policy is focused on rendering technology-intensive banking services in all segments of the financial market.  Since its foundation in 1993, Novikom has been financing strategic high-tech industries of the real sector of the Russian economy, facilitating implementation of ambitious national-wide projects, investing in the future of the country.  State Corporation Rostec is a key partner of Novikom. The Bank provides services to more than 700 enterprises and holdings of the State Corporation, and manages its investment flows.  Integration with Rostec contributes to the growth of Novikom capitalization and its further successful development as one of the leading financial institutions of the country.

Financial institutes

Services for financial institutions:

Settlements in rubles. An extended operating day is set until 19.00 Moscow time. Interbank and client payments are transferred without commissions. Interest accrued on LORO-balances; Establishment of correspondent relations. JSCB “NOVIKOMBANK” will be pleased to see your reputable bank among our correspondents. JSCB “NOVIKOMBANK” is ready to offer cooperation with your bank on beneficial terms; Financing of export-import contracts of partner banks’ customers on comfortable terms. It is practicable to provide own liquidity on a bilateral basis for these purposes. It is possible to attract blank credit lines from the world's largest financial institutions, if necessary.  JSCB “NOVIKOMBANK” has vast experience in arranging financing of short-term export and import operations (letters of credit, guarantees, pre-financing) and it offers services in the structuring of trade finance transactions in close cooperation with the largest foreign financial institutions; A variety of Treasury operations allow to close FX-position for almost any pair of currencies or to hedge it with the help of swap deals by market quotes. We offer our own FX-platform. Having vast experience in the field and an impeccable business reputation, JSCB “NOVIKOMBANK” offers mutually advantageous cooperation on interbank, currency and equity markets.  JSCB “NOVIKOMBANK” offers the opportunity to jointly build mobile, high-quality and optimal solutions for customers.

Transactions with securities

Novikom, being a professional participant of the securities market, performs the following operations: Broker activity (licence No. 177-06-439-100000); Dealer activity (licence No. 077-06-443-010000); Securities management (licence No. 177-10-203-001000); Custody operations (licence No. 177-06-450-000100).  Novikom is one of the leading operators of the secondary bond market in terms of trade volumes in the MICEX, MICEX stock exchange, over-the-counter transactions, and MICEX REPO transactions.  Novikom makes transactions with securities in the MICEX and RTS stock exchange and offers the following services: Brokerage operations; Storage and/or title record to securities; Trust management; Other transactions with securities.

Shares: Purchase/sale of Russian shares on customer request; Market-maker functions; Liquidity supply; Redemption of securities of various companies.

Bonds: Purchase/sale of bonds on customer request; Market-maker functions; Liquidity supply; Redemption of securities of various companies.

Conversion transactions: The bank has many years’ experience of working in the financial markets. For corporate and institutional customers the Bank provides a wide range of conversion services – spot, forward and foreign exchange options. Novikom endeavours to help its customers to find optimal and qualitative decisions for foreign exchange and interest rate risk hedging.  USD/EURO conversion operations; Minimisation of expenses from conversion operations.

Broker service: Based on the licences of a professional participant of the securities market Novikom renders broker and depositary service to individuals: In the state securities market; In the Moscow Interbank Currency Exchange market of corporate securities (shares and bonds); In the over-the-counter market of corporate securities (shares and bonds).  Customers are served based on broker service agreements. The Bank specialists provide the customers with all necessary information about market conditions and give consultation on the issues related to securities market transactions.

“Being in a state of constant growth, the Corporation creates conditions for further development of its employees, enterprises, and entire domestic industries, contributing to positive changes in the country as a whole."  Sergey Chemezov, General Director

In accordance with the latest strategy, Rostec's mission is to improve people's lives by creating high tech, "smart" products

In its business operations, Rostec brings together the best traditions of the Russian engineering thought, the latest technological developments, and in-depth expertise.  The Corporation successfully links science and manufacturing, develops advanced, forward-looking technologies, implements state-of-the-art know-how, and promotes productive cooperation between Russian enterprises.  Rostec staff's wealth of experience and depth of expertise are instrumental in creating unique products and opening up new export opportunities. This is precisely why the State Corporation's overarching goal is to establish Russia's leading positions in the fields of high tech and engineering on the global scene.

Core Areas of Business: Having brought together under its umbrella many unique production facilities and technologies as well as a significant share of the country's scientific potential, Rostec became a reliable partner to the state in facilitating the innovative development of Russia's industries. The Corporation operates in the following areas: Automotive engineering and manufacturing; Aircraft engineering; Engine manufacturing; Metallurgy; Construction; Optics; Composite and other advanced structural materials; Medical equipment; Pharmaceuticals; Industrial biotechnologies; Radioelectronics; Instrument engineering and manufacturing; Information technology and telecommunications; Machine tool building and equipment manufacturing for industry upgrade; Arms and military equipment manufacturing.

Corporation's Mission: Facilitating the development, manufacture, and export of high tech products.  Supporting Russian high tech industrial products designers and manufacturers on domestic and foreign markets.  Retooling the production.  Developing the country's scientific and human resources potential.  Promoting the cooperation with major international and Russian manufacturers.

Corporation's Core Functions: Promoting and selling high- tech industrial products on domestic and foreign markets.  Participating in the implementation of the state policy in the field of military and technical cooperation between the Russian Federation and foreign states as well as the State Armament Plan.  Attracting investments to create competitive high tech industrial products.  Advertising, exhibition, and marketing activities; showcasing civil, military, and dual-purpose products both in Russia and abroad.  Supporting applied research in promising areas of scientific and technological development.  Implementing advanced production technologies in order to improve domestic engineering designs and reduce the time and cost of product development and manufacture.  Facilitating foreign trade in military commodities

The Corporation was established and is operating in accordance with Federal Law of November 23, 2007 No. 270-FZ "On the State Corporation for the Promotion of the Development, Manufacture, and Export of High Tech Products "Rostec." The Corporation is a legal entity established by the Russian Federation in the legal form of a state corporation.  The Corporation's full name in the Russian language is Государственная корпорация по содействию разработке, производству и экспорту высокотехнологичной промышленной продукции «Ростех».  The Corporation's abbreviated name in the Russian language is Государственная корпорация «Ростех».  The Corporation's full name in the English language is State Corporation for the Promotion of the Development, Manufacture, and Export of High Tech Products "Rostec."  The Corporation's abbreviated name in the English language is State Corporation "Rostec."  State registration information : State Registration Certificate series 77, number 011483840, issued by the Federal Tax Service Directorate for the city of Moscow on December 3, 2007. Primary state registration number (OGRN): 1077799030847, assignment date December 3, 2007.  INN/KPP: 7704274402/770401001.”

Russian State-Owned Novikombank Opens Havana Office

HAVANA, June 20 (Reuters) - Russia's Novikombank said on Thursday it had become the first bank from the country to open a representative office in Cuba as part of growing economic ties between the former Cold War allies.  The Russian state-owned bank said in a statement that Cuba's central bank had granted it a license on June 7. There was no immediate comment from Cuban authorities or the central bank.  "The opening of a Novikom representative office in the Republic of Cuba is not only a new stage for the bank, but also an important step in Russian-Cuban relations," board chairwoman Elena Georgieva was quoted as saying in the announcement.  Since the Russian invasion of Ukraine, Moscow's already warm relations with the Communist-run Caribbean nation have strengthened into a "strategic partnership," with a number of possible investment projects in sugar, transportation and energy under discussion.  Last week, a Russian navy frigate and a nuclear-powered submarine docked in Havana, a move widely seen as a show of force from Moscow amid tensions with the West over the Ukraine conflict.  Cuban President Miguel Diaz-Canel has visited Moscow four times in the last few years.  Novikombank said it planned to support Russian clients' trade and investment activity in Cuba.  "The governments of both countries are increasing the volume of cooperation in every way," the statement said.  Since 2022 Russian tourists have visited the island in greater numbers and oil and wheat shipments have provided some relief amid a grueling crisis characterized by shortages of basic goods, inflation and power outages that has sparked record migration.  Cuba is one of just a handful of countries that accepts the Russian MIR credit card.  Cuba first opened to foreign banks in the 1990s after the fall of the Soviet Union. Most European and Canadian banks have left in recent years due to the crisis and fear of U.S. sanctions. But that is unlikely to deter Novikombank, which is already under sanctions by the United States and other countries over the Ukraine war.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

2024 Trafficking in Persons Report: "...Cuba does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so..."

LINK TO REPORT

CUBA (Tier 3)

• Tier 3: Afghanistan, Djibouti, Russia, Belarus, Eritrea, Sint Maarten, Brunei, Iran, South Sudan, Burma, Korea- Democratic People’s Republic of, Sudan, Cambodia, Macau, Syria, China- People’s Republic of, Nicaragua, Turkmenistan, Cuba, Papua- New Guinea, Venezuela.

The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so; therefore Cuba remained on Tier 3. Despite the lack of significant efforts, the government took some steps to address trafficking, including approving the 2023-2026 NAP. However, there was a government policy or pattern to profit from forced labor in Cuba’s labor export program, which included foreign medical missions. The government continued to deploy government-affiliated Cuban workers to foreign countries using deceptive and coercive tactics. In the majority of cases, the government kept a significant amount of workers’ wages; confiscated workers’ passports and professional credentials; subjected workers to surveillance and strict curfews; and did not consistently inform participants of the terms of their contracts, which varied from country to country. The government failed to address trafficking crimes despite an increasing number of allegations from survivors, credible NGOs, international organizations, and foreign governments of Cuban officials’ involvement in facilitating serious human rights abuses and forced labor. The government threatened, coerced, and punished government-affiliated workers, including medical professionals, and their family members if participants left the program. Authorities did not make efforts to address labor trafficking crimes, and identified the fewest number of victims and had the lowest number of prosecutions and convictions in a decade.

PRIORITIZED RECOMMENDATIONS:

Ensure government-sponsored labor export programs comply with international labor standards – specifically ensure participants receive fair wages that are fully paid into bank accounts the workers can control; retain personal passports, contracts, and professional and academic credentials in their possession; ensure a work environment safe from violence, harassment, free from surveillance and arbitrary curfews; and have freedom of movement to leave the program or refuse an assignment without penalties, such as being threatened, imprisoned, harmed, or banned from returning to Cuba. * Cease the use of Article 176.1 to penalize government-affiliated workers who leave the labor export program. * Investigate potential official complicity in the alleged fraudulent recruitment of Cubans to fight in Russia’s full-scale invasion of Ukraine. * Vigorously investigate and prosecute sex and labor trafficking crimes and convict traffickers. * Implement formal policies and procedures to identify trafficking victims proactively, including among vulnerable populations, refer those identified to appropriate services, and train officials, including first responders, in their use. * Adopt policies and programs that provide trafficking-specific, specialized assistance for male, female, and LGBTQI+ trafficking victims. * Cease the recruitment of children for military activities before the mandatory military service age. * Screen individuals charged or detained for commercial sex-related crimes for trafficking indicators and refer identified victims to care. * Allow an independent international commission to monitor the government-sponsored labor export program. * Train those enforcing the labor code to screen for trafficking indicators and educate all Cuban workers about trafficking indicators and how to report trafficking-related violations. * Revise Article 363.1 of the penal code to remove the requirement to prove force, fraud, or coercion in child sex trafficking offenses. * Establish a permanent inter-ministerial anti-trafficking committee.

PROSECUTION

The government decreased prosecution efforts. Authorities in the Ministry of Justice continued to be complicit in state labor export schemes by prosecuting people who left government-sponsored labor export programs due to abuses and exploitative practices with strong indicators of human trafficking. The government criminalized sex trafficking and labor trafficking through various provisions of its penal code. Article 363.1 of the 2022 penal code criminalized all forms of labor trafficking and some forms of sex trafficking and prescribed penalties ranging from seven to 15 years’ imprisonment for offenses involving an adult victim and 10 years to life in prison for those involving a child victim. These penalties were sufficiently stringent and, with regard to sex trafficking, commensurate with those prescribed for other grave crimes, such as rape. The definition in Article 363.1 correctly established the use, force, fraud, or coercion as an essential element of an adult trafficking offense; however, the law did not include the necessary provision indicating the elements of force, fraud, or coercion were unnecessary in cases of sex trafficking offenses involving children. However, Article 402.1 (“corruption of minors”) criminalized the use of a person younger than 18 “in prostitution” and prescribed penalties of seven to 15 years’ imprisonment, which were sufficiently stringent and commensurate with those prescribed for other grave crimes, such as rape. The penal code criminalized labor trafficking offenses under Article 363.1. Article 176.1 prescribed penalties ranging from three to eight years’ imprisonment to government-affiliated workers who did not complete their mission in another country or did not return to Cuba upon completion of the mission – thereby penalizing potential victims of labor trafficking.

In December 2023, the government published official data for calendar year 2022 on prosecutions and convictions, the most recent data available. The government’s annual report was the primary source of information on its efforts. The government suppressed independent domestic sources, but some independent sources provided information on trafficking efforts and trends. The government investigated seven transnational trafficking cases involving eight alleged Cuban traffickers and five foreign nationals, who allegedly had ties to trafficking networks in 10 different countries; however, the government did not report investigating any domestic trafficking cases in 2022. This was compared with no investigations in 2021. Authorities prosecuted six suspects for possible trafficking crimes in 2022, compared with 12 prosecutions in 2021; officials did not report if any of the alleged perpetrators in the seven transnational cases were prosecuted or convicted. Officials reported convicting six sex traffickers, compared with convicting 10 sex traffickers in 2021. According to government reporting, sentences ranged from five to 15 years’ imprisonment. This was the lowest number of prosecutions and convictions in a decade. Authorities did not report investigating any cases of labor trafficking and did not prosecute or convict any labor traffickers in 2022.

The government organized and sponsored training for law enforcement officers, prosecutors, and judges on investigating and prosecuting sex trafficking crimes. In 2022, the government cooperated with INTERPOL to investigate 10 alleged Cuban traffickers. Authorities had 20 bilateral cooperation agreements or MOUs that included trafficking; however, the government did not report tangible results associated with these agreements.

Authorities did not report any investigations, prosecutions, or convictions of government officials complicit in trafficking, despite persistent allegations officials threatened and coerced participants to remain in the government-sponsored labor export program. According to official sources, the government allegedly identified a trafficking ring involved in the fraudulent recruitment of Cuban men coerced into fighting in Ukraine on behalf of Russian military forces; the government reportedly arrested 17 individuals, but officials did not provide additional details. It was unclear if Cuban official complicity played a role in the recruitment of fighters to support of Russia’s full-scale invasion in Ukraine. However, some observers believed the Cuban government was involved or, at a minimum, aware of Cuban fighters traveling to support Russia’s full-scale invasion of Ukraine. According to contacts, Cuban authorities allegedly expedited the issuance of passports to recruits, who had minimal income and no means to pay for travel independently, and claimed Cuban authorities knowingly declined to place exit stamps in the Cuban potential victims’ passports to claim no knowledge of their travel. Moreover, months after the government allegedly took action against those facilitating trafficking to Ukraine, credible media reports indicated Cubans were still traveling to Russia to fight in Ukraine.

PROTECTION

The government decreased efforts to identify and protect trafficking victims and continued to coerce individuals – using deceptive, manipulative, and exploitative tactics – to participate and remain in government-sponsored labor export programs. In 2022, the most recent year for which data was available, authorities identified six victims of sex trafficking, one woman and five girls, compared with 10 victims in 2021. In previous years, the government reported having procedures to proactively identify and refer sex trafficking victims to care; however, the government lacked formal procedures to identify victims in police law enforcement actions and relied on victims to self-identify. The government did not report having procedures to identify forced labor victims. Government- or communist party-organized and controlled NGOs, such as the Federation of Cuban Women (FMC), the Prevention and Social Assistance Commission, and the Committees for the Defense of the Revolution could identify and refer trafficking victims to state authorities and provide some victim services, including psychological treatment, health care, skills training, and assistance in finding employment. However, these services were often politicized and unavailable to people the government and/or Communist Party deemed subversive.

Authorities did not report protecting the victims identified in 2022; however, in the government’s report, officials indicated survivors from the previous reporting period had received services, including permanent housing for two, while others received educational support and job placement. Neither the government nor the government-organized NGOs operated shelters or provided services specifically for adult male or LGBTQI+ victims. Police encouraged child sex trafficking victims younger than 16 to assist in prosecutions of traffickers by gathering testimony through psychologist-led videotaped interviewing, usually removing the need for children to appear in court; however, the government did not report using these tools. Observers reported law enforcement did not proactively screen for indicators of trafficking. As a result, police may have detained unidentified sex trafficking victims for commercial sex offenses or charged them with crimes. The government did not report identifying any foreign trafficking victims in 2022.

PREVENTION

The government maintained insufficient efforts to prevent trafficking, particularly forced labor. At the end of 2023, authorities approved the new 2023-2026 NAP and published the annual report on anti-trafficking efforts, covering 2022. Authorities held awareness sessions for government employees, students, and tourist industry employees on the prevention and identification of trafficking crimes. The government and the FMC continued to operate a 24-hour hotline for individuals needing legal assistance, including sex trafficking victims; for the third year in a row, none of the calls to this hotline resulted in trafficking investigations or victim identification.

State media continued to produce newspaper articles and television and radio programs, including public service announcements, to raise public awareness about sex trafficking. The FMC raised public awareness through workshops and training with government officials, social workers, educators, and students, as well as the distribution of materials explaining trafficking and its risks; however, there were no publicly available materials that showed the effectiveness or impact of these programs. The Ministry of Tourism provided training for workers in the tourism sector on the prevention of extraterritorial child commercial sexual exploitation and abuse. Authorities did not make any efforts to reduce the demand for commercial sex acts.

The Ministry of Labor and Social Security (MOL) did not make sufficient efforts to address forced labor. In 2022, MOL officials conducted 1,150 labor inspections and issued more than 7,753 labor violations but did not identify any cases of forced labor. Authorities did not report screening workers traveling abroad for trafficking indicators and did not report identifying any concerns with employment contracts. In the past, officials may have used these authorities to target those who might want to leave the country. The government did not implement policies to prohibit force, fraud, or coercion by foreign labor recruiters and state-owned or controlled enterprises in recruiting and retaining employees, despite persistent allegations Cuban officials threatened, manipulated, and coerced participants to remain in government-sponsored labor export programs. The government did not explain international labor standards to participants in its labor export schemes working in conditions with strong trafficking indicators. Government policy indicated males older than age of 16 must register with the country’s armed forces and prepare for mandatory military conscription starting at the age of 17; however, in previous years some reports noted the government’s involvement in the forced recruitment of children to serve in military community brigades.

TRAFFICKING PROFILE:

As reported over the past five years, human traffickers exploit domestic and foreign victims in Cuba, and traffickers exploit victims from Cuba abroad. Sex trafficking and extraterritorial commercial sexual exploitation and abuse, including of child victims, occurs within Cuba. Traffickers exploit Cuban citizens in sex trafficking and forced labor in Africa, Asia, the Caribbean, the Mediterranean, Latin America, and the United States. Traffickers exploit foreign nationals from Africa and Asia in sex trafficking and forced labor in Cuba to pay off travel debts. The government identified children, young women, elderly, and disabled persons as the most vulnerable to trafficking. LGBTQI+ individuals and economic migrants are vulnerable to sex trafficking. Government officials may be forcibly recruiting children to join community military brigades charged with repressing citizens who gathered in protest against the regime. Cuban citizens reported being recruited by Russia-affiliated private military companies or by the Russian military with fraudulent employment contracts to later be coerced to fight in Russia’s full-scale invasion of Ukraine. For example, two young Cuban men reported being deceptively recruited to work in Russia as construction workers; however, upon arriving to Moscow, they were allegedly coerced into fighting in Ukraine on behalf of Russian military forces. Some of these individuals reported Cuban authorities were aware of their recruitment and may have facilitated their travel, and they were received in Moscow by a Cuban military official. According to stakeholders, approximately 750 and 1,000 Cubans had traveled to Russia to serve as foreign fighters.

International observers and former participants reported government officials force or coerce individuals to participate and remain in the Cuban government’s labor export programs, particularly the foreign medical missions program, managed by the Unidad Central de Cooperación Médica, the Ministry of Health, and the Ministry of Foreign Trade and Investment. Government-affiliated Cuban workers serving abroad were subjected to forced labor by inherently coercive laws and regulations authorities used to manipulate workers to remain in the program. The Ministry of Interior labeled workers that left the program without completing their assignment as “deserters,” a category that made them “undesirable” under Cuban immigration law, and banned workers from returning to Cuba for eight years. Cuban nationals who did not return to the country within 24 months were categorized as having “emigrated.” Individuals who “emigrated” lost all their citizen protections; rights, including custodial rights over children; and any property left behind, and – if they also defected from a civilian mission – were not allowed to visit their families remaining in Cuba. These government provisions coerced workers and punished those who sought to exercise freedom of movement and will. A report on the rights of the child – published by an international organization – noted concern over Cuba’s policy to prohibit parents who terminated a civilian contract abroad from reuniting with their children. According to an international NGO, by 2021, the Cuban government had sanctioned 40,000 government-affiliated workers under these provisions. In 2022, there were approximately 5,000 children forcibly separated from their parents due to the government’s provisions for the program. The government promoted the program as altruistic, sought new partner countries, and increased its profit at the expense of desperately vulnerable and disempowered workers. The Cuban government reported $4.9 billion in revenue from the export of medical services in 2022 (the last year for which data is currently available) out of a total of $7 billion in service exports. According to the government, medical professionals comprise 75 percent of its exported workforce. According to a government report, there were roughly 22,000 workers in more than 53 countries by the end of 2023. Over the last five years, the labor export program operated or currently operates in Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, The Bahamas, Bahrain, Barbados, Belize, Botswana, Burkina Faso, Cabo Verde, Chad, People’s Republic of China , Djibouti, Dominica, Dominican Republic, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, France, Gabon, The Gambia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Italy, Jamaica, Kenya, Kuwait, Lesotho, Liberia, Maldives, Mauritania, Mexico, Mozambique, Namibia, Niger, Nicaragua, Palau, Panama, Peru, Portugal, Qatar, Saint Kitts and Nevis, Saint Lucia, , Saint Vincent and the Grenadines, Sao Tome and Principe, Saudi Arabia, Seychelles, Sierra Leone, South Africa, Spain, Suriname, Tanzania, Timor-Leste, Togo, Trinidad and Tobago, Türkiye, Uganda, United Arab Emirates, United Kingdom, Uruguay, Venezuela, Vietnam, and Zimbabwe. Cuban authorities employ workers through contracts with foreign governments and, in some countries, international organizations serve as intermediaries or provide funds for their work. The Cuban government confiscates between 75 and 95 percent of each worker’s salary, leaving government-affiliated workers with compensation that in many places is an inadequate living wage. Officials retain a portion of each worker’s salary in Cuban bank accounts, and funds can only be paid to the workers when the mission has been successfully completed and the workers have returned to Cuba. Salaries are often paid in Cuban pesos rather than the currency the host government uses to pay Cuba for their services. Survivors of the labor export program reported government minders coerced them into criminal activity by making them falsify patient records, manipulate medical files, report procedures that did not take place, and dispose of medications to corroborate fraudulent records and inflated statistics. In 2023, the U.N. Special Rapporteur (SR) on Contemporary Forms of Slavery sent a letter to Cuban authorities raising concerns over the alleged human rights abuses suffered by government-affiliated Cuban workers, including medical professionals and other civilian personnel. In the letter, the SR focused on abuses documented in Italy, Qatar, and Spain, including insufficient wages paid to workers, exhaustive work hours without adequate remuneration, the confiscation of passports, precarious work conditions, and the retaliation workers faced if they left the program.

In 2021, and with the support of an international NGO, 1,111 alleged trafficking victims filed a complaint with the International Criminal Court and the UN, claiming the Cuban government exploited them and forced them to work in the labor export programs. The complaint stated 75 percent of participants did not volunteer for the program, 33 percent never saw a contract, 69 percent did not know their final destination, 38 percent had their passport confiscated by Cuban officials once they arrived at their destination, 76 percent had “minders,” 76 percent could not freely associate with locals, 79 percent had restrictions on their movement, 91 percent were told they could not return to Cuba if they defected, 75 percent suffered threats or witnessed coworkers being threatened, and 40 percent were separated from their children as punishment for defecting. In 2023, this NGO noted the number of testimonies increased to 1,402. The Cuban government acknowledges it withholds passports of overseas medical personnel in Venezuela, the largest mission, with approximately 19,000 workers. Many Cuban medical personnel claim they work long hours without rest and face substandard and dangerous working and living conditions in some countries, including a lack of hygienic conditions and privacy, and are forced to falsify medical records. Many medical professionals reported being sexually abused by their supervisors.

While the medical missions remain the most prevalent and visible, the government profited from other similarly coercive labor export programs; professional baseball players and coaches, teachers, artists, musicians, architects, engineers, forestry technicians, construction workers, nearly 7,000 sea mariners, and all other government-affiliated workers are vulnerable to forced labor and coercive, fraudulent practices by the Cuban government. In 2023, an online media network aired an anonymous interview with a government-affiliated Cuban engineer previously assigned to a mission in Saint Lucia. According to the worker, he was assigned to a construction project with Cuban firm, UNECA, SA. This individual reported having to transfer most of his salary directly to UNECA, SA, receiving threats from heads of mission, and being prohibited from befriending locals and leaving his residence after 6 p.m. In 2024, three government-affiliated Cuban workers in Spain, including an electrical engineer, a naval mechanic, and a sports specialist, alleged concerning exploitative conditions that may amount to forced labor by the Cuban government. Workers reported not having full awareness of the contracts they signed or knowing their destination until their time of travel, working between 54 and 77 hours a week under deplorable conditions, and withholding of half their wages by Cuban authorities.

Might Cuba Finally Be Ready To Authorize From Abroad Direct Investment And Direct Financing Into Re-Emerging Private Sector? First U.S. OFAC License Issued In 2022. Investor Still Waiting.

The Miami Herald
Miami, Florida
21 June 2024

Cuba Immigration Proposal Seeks To Lure Foreign Investors And Keep Critics At Bay

BY NORA GÁMEZ TORRES
 
A proposed Cuban law would grant permanent residence to foreigners ready to invest in state or private enterprises and special immigration status to Cubans living in the United States and other countries with businesses on the island, a move suggesting the government might be getting ready to open its emerging private sector to foreign investment.

At the same time, the draft of the law, published this week by the National Assembly, would allow authorities to continue using travel bans to punish critics on the island and abroad.

Current laws generally prohibit Cubans living abroad and foreign investors from legally owning or investing in the small- and medium-sized private enterprises that have mushroomed nationwide since they were authorized in 2021.

However, many Cubans abroad have done so anyway through informal channels, using relatives and friends. The current laws must also be modified to implement the changes teased in the immigration proposal. The extent of the immigration benefits for investors is unclear because the draft text leaves key details to be regulated later by the government. The proposal is expected to be voted on by the National Assembly in July.

The draft document offers permanent residence to foreigners “who prove they have assets to use for the purposes of undertaking businesses or making investments in projects or priorities for the country’s development or that may be linked to state or private economic sectors.” It also proposes creating a new “business” or “investor” migration status for Cubans who live permanently abroad but “participate in the Cuban economic model according to ... the law.”

The text, however, does not describe the rights associated with such a status nor how to acquire it. The new status seems designed to offer a “privilege, an incentive to Cubans living abroad and who want to invest in Cuba,” said Eloy Viera Cañive, a Cuban lawyer who contributes to the Cuban news outlet El Toque. “This is also flirting with the Biden administration’s decision to allow investments in [Cuba’s] private sector.”

The decades-old U.S. economic embargo on Cuba is still in place, but the Biden administration has recently eased some restrictions to help the private sector. It has also issued at least two licenses to authorize Americans to invest in a private enterprise in Cuba — to John Kavulich, the head of the U.S.-Cuba Trade and Economic Council, and to former Miami Congressman Joe García.

Despite the island’s growing economic problems, about three years have passed since the authorization of private enterprises on the island and the Cuban government has yet to allow foreign investment in the private sector.

But experts note that the proposal, already green-lit by the country’s Council of Ministers and the Ministry of Interior, has done little to address much of what many Cuban Americans have been advocating for. It has quickly received criticism from human-rights activists because it will give Cuban authorities ample leeway to continue banning Cubans from entering or leaving the country due to their political opinions, citing “national security and public order.”

The proposal also maintains travel restrictions on doctors and other professionals in Cuba, citing the need to protect the workforce. Cuban authorities would also deny entry to foreign visitors who have “promoted” or been involved in “hostile actions against the political, economic and social foundations of the Cuban state.” The text also does not say how authorities define “promoted” or “hostile actions,” but the country’s laws punish people for publishing criticism of the government on social media.

There was an expectation that the Cuban government would allow Cubans with citizenship in the U.S. and elsewhere to enter the country with non-Cuban passports. (Current law mandates Cubans born on the island to use Cuban passports to enter the country even if they are citizens of another country.)

That would allow Cuban Americans to be considered U.S. citizens while on the island and receive services from the U.S Embassy in Havana. However, the proposal contemplates that possibility only if a Cuban national legally renounces his or her citizenship under procedures that will be included in a future citizenship law that has not been published.

A senior Interior Ministry said Thursday on state television that Cubans who live abroad and want to visit the island must do so with their Cuban passports and must abide by Cuban laws while in the country.

The ministry’s chief legal advisor, Lt. Col. Raylan Hernández Concepción, said the country’s 2019 Constitution establishes that the island’s nationals maintain their Cuban citizenship even when they become citizens of other countries. “It follows that while Cubans are in the national territory, they must act as Cuban citizens, they cannot exercise another citizenship,” he said. “From the moment a Cuban enters the country, he must identify himself with the Cuban passport, not with a passport from another country.”

LINK To Article

LINKS To Related Analyses 

Cuba Authorizes Advertising In And On Government-Controlled Media, Yet Continues To Block Direct Investment And Direct Financing To MSMEs- Which Could Be Used For Marketing. Jun 9, 2024

Cuba Government Responds To Biden-Harris Administration Newest Initiatives Towards Re-Emerging Private Sector. May 29, 2024

Biden-Harris Administration Issues OFAC Regulations To Help Cuba's "Entrepreneurs" But Again Fails To Make The Most Important Change. May 28, 2024

10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations May 13, 2024

Cuba Government Extols Role Of Private Companies- Now 13% Of Official GDP And 8% Of Imports. But, Three Years In And No Authorization For Investment And Financing. Why So Scared? Apr 19, 2024

U.S. To Cuba Exports Increased 10.6% In February. Up 27% Year-To-Year. Products Included Cigarettes, Tea, Apples, Construction Vehicles, Passenger Vehicles & Parts, Confectionery Machines. Apr 8, 2024

Academics Wrong, NGO’s Wrong.  Don’t Blame Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration For New Cuba Law. Commercial Malpractice- Easy Carpet Roll-Up Apr 6, 2024

Miel Factory In France Unveils New Cuba Honey Harvest- 7 EUR For 250 Grams Mar 20, 2024

OFAC Fines Switzerland-Based Company US$3,740,442.00 For Sanctions Violations, Including For Cuba. Potential Fine Was US$276,441,312.00 Mar 14, 2024

Time For A CRL/BOR List For MSME’s (PYMEs) In Cuba To Provide Confidence And Protection To United States Companies, Entrepreneurs, Financial Institutions, Sources Of Capital, And Suppliers. Mar 13, 2024  

"Soul Of Havana" Coffee Sold At Supermarket In Moscow... Package Lists Russia As Source- And Mentions Belarus..

“Soul of Havana” coffee is 449.99 Rubles (US$5.16) for 200 grams (7 ounces) at a supermarket in Moscow, Russian Federation. The package does not indicate the coffee beans are sourced in the Republic of Cuba. The package wording suggests the coffee is inspired by the Republic of Cuba in terms of taste, intensity.

Cuba Authorizes Advertising In And On Government-Controlled Media, Yet Continues To Block Direct Investment And Direct Financing To MSMEs- Which Could Be Used For Marketing.

Cuba Authorizes Advertising In And On Government-Controlled Media, Yet Continues To Block Direct Investment And Direct Financing To MSMEs (micro, small, medium-size enterprises)- Which Could Be Used For Marketing.

“Havana, Jun 7 (Prensa Latina) The recognition of the exercise of advertising and sponsorship in Cuba's public media is a breakthrough in almost 70 years, executives of organizations in the field of communication in this country acknowledged.  Decree-Law 102 on the exercise of advertising and sponsorship was also formalized on Thursday, after a broad consultation that led to the approval of the Social Communication Law, the first in the nation, and its related regulations.

This law regulates the use of advertising and promotion in radio, television, and print and digital media, besides the prohibitions in their practice, Onelio Corderi, vice-president of the Institute of Information and Social Communication (IICS), explained on Thursday.  The Social Communication Law, which will enter into force in four months, has an inclusive approach and defends the rights of citizens from organizational, media, and community spheres, Corderi explained.

Rosa Maria Perez, president of the Cuban Association of Social Communicators (ACCS), stated that Cuba has had a strictly media-based vision of communication processes.  Association of Cuban Journalists (UPEC in Spanish)’s President Ricardo Ronquillo pointed out that the public media system will allow progress in solving the structural problems of the Cuban press.  Belkis Perez, vice-president of the IICS, assured that structures are in place nationwide to implement the law and training programs are being carried out with the directors of the new organization and other social actors.”

LINK TO OFFICIAL TEXT IN PDF FORMAT

CAPÍTULO XV DE LA REGULACIÓN Y CONTROL DE LOS PROCESOS DE COMUNICACIÓN SOCIAL
SECCIÓN PRIMERA
De la regulación Artículo 99. El Instituto de Información y Comunicación Social se encarga de la regulación de los procesos de comunicación social en el país, y del control y evaluación de su
implementación en todas las instancias.
SECCIÓN SEGUNDA
De los registros nacionales de publicaciones seriadas y de sitios web Artículo 100.1. Los registros nacionales de publicaciones seriadas y de sitios web forman parte de los procedimientos de regulación y control de los procesos de comunicación social en el país. 2. Es competencia del Instituto de Información y Comunicación Social dirigir el funcionamiento de los registros referidos en el apartado precedente.
Artículo 101. El Registro Nacional de Publicaciones Seriadas se encarga del proceso de inscripción de las publicaciones seriadas que pertenecen a personas naturales o jurídicas.
Artículo 102.1. El Registro Nacional de Sitios Web se ocupa de la inscripción de los sitios web administrados por personas naturales o jurídicas.
2. La inscripción constituye un requerimiento para recibir los servicios de acceso en línea de los operadores de servicios públicos de telecomunicaciones cubanos, legalmente reconocidos.
Artículo 103.1. Para la inscripción de las publicaciones seriadas y los sitios web en los registros nacionales correspondientes se exige el cumplimiento de lo dispuesto en la Constitución, la presente Ley y la legislación vigente en esta materia.
2. Los demás requisitos exigibles se establecen en la disposición normativa reglamentaria de la presente Ley.
Artículo 104.1. La inscripción de una publicación seriada o sitio web se suspende temporalmente o cancela cuando: a) Se comprueba que se registró sobre la base de informaciones falsas; b) sus contenidos violan parcial o totalmente lo establecido en la Constitución, la presente Ley y su disposición normativa reglamentaria; c) incumpla los objetivos, el perfil editorial y otros elementos contenidos en el expediente aprobado; d) expira el período de vigencia de la inscripción; e) se verifica en su gestión la utilización de fuentes ilícitas de financiamiento; f) se determina por un proceso judicial; g) infringe otros requerimientos estipulados en la disposición normativa reglamentaria de la presente Ley o por el Instituto de Información y Comunicación Social; o h) lo solicita su titular.

833Gaceta Oficial de la República
05/06/2024 GOC-2024-O48
2. En los casos de violación de lo establecido en cuanto a la inscripción y posterior gestión de las publicaciones seriadas y los sitios web, la autoridad facultada adopta con los responsables las medidas administrativas que correspondan, y de ser necesario, promueve los procesos judiciales pertinentes según la legislación vigente.
SECCIÓN TERCERA
Del control e inspección
Artículo 105. Para la evaluación del cumplimiento de las regulaciones establecidas en la presente Ley, sus disposiciones normativas reglamentarias y la legislación vigente en esta materia, el Instituto de Información y Comunicación Social realiza acciones de control a los órganos, organismos y entidades del Estado y demás actores económicos y sociales.
Artículo 106.1. Los sujetos definidos en el artículo anterior garantizan el control de los procesos comunicacionales que gestionan dentro de su esfera de actividad. 2. Estos sujetos se obligan a colaborar y facilitar la labor de control e inspección que se realiza para evaluar el cumplimiento de las regulaciones establecidas en la presente Ley y sus disposiciones normativas reglamentarias.
Artículo 107. Los procedimientos para garantizar la organización y desarrollo de la inspección de la comunicación social son los establecidos en la legislación vigente.
DISPOSICIONES ESPECIALES
PRIMERA: El Presidente de la República tiene la facultad de disponer, ante acontecimientos y asuntos de especial relevancia y connotación pública, que la radio y la televisión transmitan en cadena nacional.
SEGUNDA: El Registro Nacional de Publicaciones Seriadas y el Registro Nacional de Sitios Web, pertenecientes al Ministerio de Cultura, se transfieren al Instituto de Información y Comunicación Social en los ciento ochenta días posteriores a la aprobación de la presente Ley.
TERCERA: La protección de los derechos del autor sobre las obras relacionadas con la comunicación social se rige por lo establecido en la Ley de los Derechos del Autor y del Artista Intérprete.
CUARTA: El incumplimiento de lo regulado en esta Ley, sea por acción u omisión, determina la exigencia de responsabilidad al infractor por la vía administrativa o la judicial según corresponda, de conformidad con el procedimiento que se establece en la disposición normativa reglamentaria de la presente Ley y en la legislación vigente.
DISPOSICIONES TRANSITORIAS
PRIMERA: Los procesos iniciados con anterioridad a la vigencia de la presente Ley ante el Registro Nacional de Publicaciones Seriadas y el Registro Nacional de Sitios Web, sobre los cuales no exista decisión, se tramitan según lo establecido en las disposiciones normativas vigentes en el momento de su presentación.
SEGUNDA: El presidente del Instituto de Información y Comunicación Social, en el término de dos años a partir de la entrada en vigor de la presente Ley, informa al Consejo de Estado los resultados de su proceso de implementación, el que adoptará las medidas que correspondan.
DISPOSICIONES FINALES
PRIMERA: El Consejo de Ministros aprueba las disposiciones normativas reglamentarias de la presente Ley, en un plazo de ciento veinte días, a partir de su publicación en la Gaceta Oficial de la República de Cuba.
834Gaceta Oficial de la República
05/06/2024GOC-2024-O48
SEGUNDA: Se faculta al presidente del Instituto de Información y Comunicación Social para dictar, en el ámbito de su competencia, las disposiciones normativas que procedan para la aplicación de lo establecido en la presente Ley.
TERCERA: El presidente del Instituto de Información y Comunicación Social, en cumplimiento de sus funciones, crea unidades organizativas y define el Reglamento para la inspección estatal a desarrollar por el organismo y cuantas otras disposiciones se requieran para su mejor ejecución.
CUARTA: El ministro de Relaciones Exteriores, a partir de la publicación de la presente Ley en la Gaceta Oficial de la República de Cuba, actualiza en un plazo de ciento veinte días el Reglamento y demás disposiciones normativas sobre el ejercicio de la prensa extranjera en el país.
QUINTA: Los máximos directivos de los órganos, organismos y entidades del Estado y las organizaciones mediáticas, dentro de los ciento veinte días posteriores a la publicación de la presente Ley en la Gaceta Oficial de la República de Cuba, revisan, actualizan y dictan sus disposiciones internas en materia de comunicación social, conforme a lo establecido en esta Ley y sus disposiciones normativas reglamentarias.
SEXTA: Se faculta a los titulares de los ministerios de las Fuerzas Armadas Revolucionarias y del Interior a dictar las disposiciones normativas internas que adecuen lo establecido en la presente Ley a las particularidades de sus organismos.
SÉPTIMA: El control y la inspección de los procesos de comunicación social en los ministerios de las Fuerzas Armadas Revolucionarias y del Interior se rigen por lo regulado en sus disposiciones normativas internas.
OCTAVA: El presidente del Instituto de Información y Comunicación Social responde por el cumplimiento de lo establecido en la presente Ley.
NOVENA: La presente Ley entra en vigor a partir de los ciento veinte días posteriores a su publicación en la Gaceta Oficial de la República de Cuba.
PUBLÍQUESE en la Gaceta Oficial de la República de Cuba.
DADA en la Sala de Sesiones de la Asamblea Nacional del Poder Popular, Palacio de Convenciones, en La Habana, a los 25 días del mes de mayo de 2023.
Juan Esteban Lazo Hernández
Presidente de la Asamblea Nacional del Poder Popular
Miguel M. Díaz-Canel Bermúdez
Presidente de la República
GLOSARIO DE TÉRMINOS

COLONIZACIÓN CULTURAL: Dominación de la industria cultural hegemónica de una potencia sobre pueblos que considera “inferiores”. Supone la imposición de gustos, patrones y modelos de vida propios del colonizador, cuya maquinaria de dominación barre la identidad nacional, la memoria histórica, los valores y los símbolos del colonizado.

CONSULTORÍA: Servicio prestado por una organización social, entidad estatal o institución de carácter público legalmente constituida con ese fin. Emplea profesionales calificados en la identificación e investigación de problemas relacionados con políticas, organización, procedimientos y métodos, y en consecuencia, la recomendación de medidas apropiadas y la prestación de asistencia en la aplicación de dichas recomendaciones.

835Gaceta Oficial de la República
05/06/2024 GOC-2024-O48
La consultoría aporta conocimientos y capacidades especiales, presta ayuda intensiva en forma transitoria, brinda un punto de vista imparcial y aporta argumentos que justifican determinadas decisiones en las organizaciones.

ESPACIO PÚBLICO DIGITAL: Es el escenario del ciberespacio que está disponible para el acceso, el intercambio y la comunicación abierta entre las personas, donde se pueden expresar ideas, compartir información, debatir y colaborar sobre diferentes temas. En este espacio en línea, las personas se reconocen y pueden constituir comunidades sobre la base de sus intereses y motivaciones. Comprende desde un sitio web hasta las plataformas y redes sociales digitales que soportan y prestan servicio de alojamiento, acceso, uso e intercambio público de contenidos.

ESPACIO PÚBLICO FÍSICO: Es el espacio de propiedad pública, dominio y uso público. Es el lugar donde cualquier persona tiene el derecho a circular. Abarca, por regla general, las vías de tránsito o circulaciones abiertas como calles, plazas, carreteras, establecimientos públicos (bibliotecas, escuelas, hospitales, bodegas, instalaciones culturales y deportivas, parques y espacios naturales, entre otros).

MERCADOTECNIA: Es una concepción en la dirección de la empresa, que orienta la misión y visión de las entidades a partir de las necesidades, deseos, percepciones, preferencias y demandas de los clientes, para elaborar planes dirigidos hacia la satisfacción de dichas necesidades y elevar su eficiencia.

ORGANIZACIÓN: Grupo de personas que interactúan entre sí, de manera coordinada, para asumir distintas funciones, tareas o actividades con el propósito de alcanzar determinados objetivos y metas. Dispone de recursos para ese fin, desarrolla procesos comunicacionales propios y su actuación se sustenta en un conjunto de normas y valores que definen la relación entre sus integrantes y el papel que desempeñan.

ORGANIZACIONES MEDIÁTICAS: Son medios de comunicación social que desempeñan su actividad en el ámbito mediático, para lo cual cuentan con estructuras, recursos humanos, financieros y materiales. Se constituyen por un grupo de personas conniveles de especialización en función de cumplir un objetivo común: concebir, producir, distribuir y compartir contenidos que contribuyen a la información, la educación y el entretenimiento de las audiencias, con el empleo de canales y medios tecnológicos. Pueden tener diversos perfiles y objetivos editoriales, destinatarios y alcances espaciales y
culturales.

PUBLICIDAD ABUSIVA O DIRECTA: En esta variante de publicidad ilícita los mensajes se imponen o hacen llegar al consumidor, contra su voluntad y en violación de su privacidad y derechos como ciudadano. Entre las formas y medios que se emplean sobresalen el correo postal o electrónico, llamadas telefónicas, mensajería instantánea o de voz, anuncios en plataformas digitales, visitas a domicilio, abordaje del consumidor por los vendedores en cualquier lugar de la vía pública, u otros.

PUBLICIDAD COMPARATIVA: Este tipo de publicidad es ilícita cuando en su contenido contrapone productos o servicios de diferentes anunciantes para potenciar los atributos de uno en detrimento del otro, o en los casos en que denigre y cree rechazo hacia otros productos o servicios de la competencia.

PUBLICIDAD DESLEAL: Es la que por su contenido, presentación o difusión provoca descrédito de un competidor, persona o empresa, de sus productos, servicios, marcas, nombres comerciales u otros signos distintivos. Comprende también la que se aprovecha injustificadamente del prestigio, los nombres, marcas y demás signos distintivos de otras empresas e instituciones, de las denominaciones de origen o indicaciones geográficas 836Gaceta Oficial de la República 05/06/2024GOC-2024-O48 de otros productos competidores, así como la que constituye plagio de otros anuncios nacionales o de otros países, al emplear textos, lema, visualidad, música o efecto sonoro de otro anunciante, en parte o en todo.

PUBLICIDAD ENCUBIERTA: Es la que, presentada como información, propone, estimula o promociona la contratación de una marca, un servicio o un producto. 

PUBLICIDAD ENGAÑOSA: Su contenido no se corresponde con las condiciones y características reales de los productos, los servicios y las marcas que se anuncian, u omite datos fundamentales de los mismos. Provoca engaño, error o confusión en el consumidor. 

RELACIONES PÚBLICAS: Su esencia es la creación, mantenimiento y consolidación de las relaciones de adaptación e integración entre una organización y sus públicosque redunden en la satisfacción plena de los mismos y de la sociedad en su conjunto. Esuna de las especialidades profesionales que se integra a la práctica de la comunicaciónorganizacional.

SITIO WEB: Es el conjunto de archivos electrónicos y páginas web de contenidos diversos en el espacio público digital, que incluye una página inicial de entrada, con un nombre de dominio y dirección específicos. Se crea y usa por personas naturales y jurídicas, y se accede a él mediante los servicios que brinda el operador público autorizado.
Sus contenidos responden a los intereses de comunicación de las personas, instituciones,
empresas, organizaciones mediáticas u otras entidades.

Using Google Translation

CHAPTER XV REGULATION AND CONTROL OF PROCESSES SOCIAL COMMUNICATION FIRST SECTION Of the regulation Article 99. The Institute of Information and Social Communication is in charge of regulation of the social communication processes in the country, and the control and evaluation of their implementation in all instances.

SECOND SECTION From national serials and website registries Article 100.1. National registries of serial publications and websites form They are part of the regulation and control procedures of communication processes social in the country. 2. It is the responsibility of the Institute of Information and Social Communication to direct the maintenance of the records referred to in the preceding section. Article 101. The National Registry of Serial Publications is in charge of the registration process. registration of serial publications that belong to natural or legal persons. Article 102.1. The National Registry of Websites is responsible for the registration of websites managed by natural or legal persons. 2. Registration constitutes a requirement to receive access services in line of Cuban public telecommunications service operators, legally recognized. Article 103.1. For registration of serial publications and websites in the corresponding national registries, compliance with the provisions of the Constitution, this Law and the current legislation on this matter. 2. The other required requirements are established in the regulatory provisions. of this Law. Article 104.1. Registration of a serial publication or website is temporarily suspended. partially or cancelled when: a) It is proven that it was registered on the basis of false information; b) its contents partially or totally violate what is established in the Constitution, the pre- this Law and its regulatory provisions; c) fails to meet the objectives, the editorial profile and other elements contained in the approved tooth; d) the registration validity period expires; e) the use of illicit sources of financing is verified in its management; f) is determined by a judicial process; g) violates other requirements stipulated in the regulatory provisions of this Law or by the Institute of Information and Social Communication; either h) It is requested by its owner. 833Official Gazette of the Republic 06/05/2024 GOC-2024-O48 2. In cases of violation of the provisions regarding registration and subsequent management tion of serial publications and websites, the empowered authority adopts with the responsible for the corresponding administrative measures, and if necessary, promote the relevant judicial processes according to current legislation.

THIRD SECTION Control and inspection Article 105. For the evaluation of compliance with the regulations established in the this Law, its regulatory provisions and the legislation in force in this matter, the Institute of Information and Social Communication carries out control actions to the organs, agencies and entities of the State and other economic and social actors. Article 106.1. The subjects defined in the previous article guarantee the control of the communication processes that they manage within their sphere of activity. 2. These subjects are obliged to collaborate and facilitate the control and inspection work carried out. carried out to evaluate compliance with the regulations established in this Law and its regulatory provisions. Article 107. The procedures to guarantee the organization and development of the inspection of social communication are those established in current legislation.

SPECIAL PROVISIONS FIRST: The President of the Republic has the power to order, in the event of ments and issues of special relevance and public connotation, that radio and television sion broadcast on the national network.

SECOND: The National Registry of Serial Publications and the National Registry of Websites, belonging to the Ministry of Culture, are transferred to the Information Institute. mation and Social Communication in the one hundred and eighty days following the approval of this Law.

THIRD: The protection of author's rights over works related to Social communication is governed by the provisions of the Copyright Law and of the Performing Artist.

FOURTH: Failure to comply with the provisions of this Law, whether by action or omission, the demand for liability of the offender through administrative or judicial means ends as appropriate, in accordance with the procedure established in the provision normative regulation of this Law and in current legislation.

TRANSITORY DISPOSITIONS

FINAL PROVISIONS FIRST: The Council of Ministers approves the regulatory provisions of this Law, within a period of one hundred and twenty days, from its publication in the Official Gazette of the Republic of Cuba. 834Official Gazette of the Republic 06/05/2024GOC-2024-O48

SECOND: The president of the Institute of Information and Communication is empowered Social to dictate, within the scope of its competence, the normative provisions that pro- give way for the application of the provisions of this Law.

THIRD: The president of the Institute of Information and Social Communication, in fulfillment of its functions, creates organizational units and defines the Regulations for the state inspection to be carried out by the agency and how many other provisions are required. want for their best execution.

FOURTH: The Minister of Foreign Affairs, after the publication of the pre- This Law in the Official Gazette of the Republic of Cuba, updates within a period of one hundred twenty days the Regulations and other normative provisions on the exercise of the pre- foreign company in the country.

FIFTH: The top managers of the organs, agencies and entities of the State and media organizations, within one hundred and twenty days after publication of this Law in the Official Gazette of the Republic of Cuba, review, update and dictate their internal provisions regarding social communication, in accordance with the established in this Law and its regulatory provisions.

SIXTH: The heads of the ministries of the Revolutionary Armed Forces are empowered lutionaries and the Interior to dictate the internal regulatory provisions that adapt the established in this Law to the particularities of its organizations.

SEVENTH: The control and inspection of social communication processes in the ministries of the Revolutionary Armed Forces and the Interior are governed by the regulations do in its internal regulatory provisions.

EIGHTH: The president of the Institute of Information and Social Communication responds for compliance with the provisions of this Law.

NINTH: This Law comes into force one hundred and twenty days after to its publication in the Official Gazette of the Republic of Cuba.

BE PUBLISHED in the Official Gazette of the Republic of Cuba. GIVEN in the Session Room of the National Assembly of People's Power, Palace of Conventions, in Havana, on the 25th day of May 2023. Juan Esteban Lazo Hernandez President of the National Assembly of People's Power Miguel M. Díaz-Canel Bermúdez Republic President

GLOSSARY OF TERMS CULTURAL COLONIZATION: Domination of the hegemonic cultural industry of a power over peoples that it considers “inferior.” It supposes the imposition of tastes, patterns and models of life typical of the colonizer, whose machinery of domination rre national identity, historical memory, values and symbols of the colonized.

CONSULTING: Service provided by a social organization, state entity or public institution legally constituted for that purpose. Employ professionals qualified in the identification and investigation of policy-related problems, organization, procedures and methods, and consequently, the recommendation of measures appropriate measures and the provision of assistance in the implementation of such recommendations. 835Official Gazette of the Republic 06/05/2024 GOC-2024-O48 Consulting provides special knowledge and skills, provides intensive help temporarily, provides an impartial point of view and provides arguments that justify certain decisions in organizations.

DIGITAL PUBLIC SPACE: It is the cyberspace scenario that is available for access, exchange and open communication between people, where they can They can express ideas, share information, debate and collaborate on different topics. In In this online space, people recognize each other and can form communities based on based on your interests and motivations. It includes everything from a website to platforms and digital social networks that support and provide hosting, access, use and public exchange of content.

PHYSICAL PUBLIC SPACE: It is the space of public property, domain and public use. war It is the place where anyone has the right to circulate. It covers, as a rule In general, open traffic routes or circulations such as streets, squares, highways, stations. public facilities (libraries, schools, hospitals, wineries, cultural facilities and sports, parks and natural spaces, among others).

MARKETING: It is a conception in the management of the company, which guides the mission and vision of the entities based on the needs, desires, perceptions, preferences rences and demands of customers, to develop plans aimed at customer satisfaction. these needs and increase their efficiency.

ORGANIZATION: Group of people who interact with each other, in a coordinated manner. nothing, to assume different functions, tasks or activities with the purpose of achieving certain objectives and goals. It has resources for this purpose, develops processes own communication mechanisms and their actions are based on a set of norms and values that define the relationship between its members and the role they play.

MEDIA ORGANIZATIONS: They are social media that dis- engage their activity in the media field, for which they have structures, re- human, financial and material courses. They are made up of a group of people with levels of specialization based on meeting a common objective: conceiving, producing, distribute and share content that contributes to information, education and entertainment of audiences, with the use of technological channels and means. Well- They may have diverse profiles and editorial objectives, recipients and spatial and cultural.

ABUSIVE OR DIRECT ADVERTISING: In this variant of illicit advertising, the men- messages are imposed or made to reach the consumer, against his will and in violation of his privacy and rights as a citizen. Among the forms and means that are used These include postal or email mail, telephone calls, instant messaging or voice, advertisements on digital platforms, home visits, consumer approach by sellers anywhere on public roads, or others.

COMPARATIVE ADVERTISING: This type of advertising is illegal when in its context had contrasted products or services from different advertisers to enhance the attributes buts of one to the detriment of the other, or in cases in which it denigrates and creates rejection towards other competing products or services.

UNFAIR ADVERTISING: It is that which, due to its content, presentation or dissemination, causes discredit of a competitor, person or company, of its products, services, brands, trade names or other distinctive signs. It also includes what is used unjustifiably of the prestige, names, brands and other distinctive signs of other companies and institutions, of appellations of origin or geographical indications 836Official Gazette of the Republic 06/05/2024GOC-2024-O48 of other competing products, as well as that which constitutes plagiarism of other advertisements national or other countries, when using texts, slogans, visuals, music or sound effects from another advertiser, in part or in whole.

COVERT ADVERTISING: It is that which, presented as information, proposes, stimulates or promotes the contracting of a brand, a service or a product.

MISLEADING ADVERTISING: Its content does not correspond to the conditions and actual characteristics of the products, services and brands advertised, or omit fundamental data thereof. Causes deception, error or confusion in the consumer.

PUBLIC RELATIONS: Its essence is the creation, maintenance and consolidation tion of adaptation and integration relationships between an organization and its publics that result in their full satisfaction and that of society as a whole. Is one of the professional specialties that is integrated into the practice of communication organizational.

WEBSITE: It is the set of electronic files and web pages of content diverse in the digital public space, which includes an initial entry page, with a specific domain name and address. It is created and used by natural and legal persons. dicas, and is accessed through the services provided by the authorized public operator. Its contents respond to the communication interests of people, institutions, companies, media organizations or other entities.

LINKS To Related Analyses 

10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations May 13, 2024

Cuba Government Extols Role Of Private Companies- Now 13% Of Official GDP And 8% Of Imports. But, Three Years In And No Authorization For Investment And Financing. Why So Scared? Apr 19, 2024

U.S. To Cuba Exports Increased 10.6% In February. Up 27% Year-To-Year. Products Included Cigarettes, Tea, Apples, Construction Vehicles, Passenger Vehicles & Parts, Confectionery Machines. Apr 8, 2024

Academics Wrong, NGO’s Wrong.  Don’t Blame Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration For New Cuba Law. Commercial Malpractice- Easy Carpet Roll-Up Apr 6, 2024

Miel Factory In France Unveils New Cuba Honey Harvest- 7 EUR For 250 Grams Mar 20, 2024

OFAC Fines Switzerland-Based Company US$3,740,442.00 For Sanctions Violations, Including For Cuba. Potential Fine Was US$276,441,312.00 Mar 14, 2024

Time For A CRL/BOR List For MSME’s (PYMEs) In Cuba To Provide Confidence And Protection To United States Companies, Entrepreneurs, Financial Institutions, Sources Of Capital, And Suppliers. Mar 13, 2024  

Cuba Government Responds To Biden-Harris Administration Newest Initiatives Towards Re-Emerging Private Sector.

Miguel Díaz-Canel Bermúdez, President of the Republic of Cuba (2019- ) @DiazCanelB
29 May 2024

• “The measures announced by the United States government with respect to #Cuba are limited, restrictive and do not touch the fundamental body of the #Blockade against our country, nor the other sanctions of its maximum pressure policy.  They do not eliminate or change the coercive measures that most affect the Cuban economy and public services, thereby severely damaging the well-being of our entire population today.  The intention to direct them only to a segment of our people shows their historical intention to fracture unity among Cubans. #CubaEsUnaSola  The concern for the development of the non-state sector of our economy is not genuine. It responds to a subversive design, outlined in known strategies, which contemplates the manipulation and employment of this sector as a potential agent of change in the country.  As long as the intensified #Blockade remains in force, criminally affecting the entire Cuban people, the United States will not be able to free itself from the global condemnation of this genocide without bombs that seeks to destroy the admirable resistance of #Cuba.  From the Revolutionary Government we will continue to promote the increasing integration of all our economic actors, which today are, together, a cornerstone to develop and advance towards the well-being of all our people.”

Statement of the Ministry of Foreign Affairs of the Republic of Cuba (MINREX)

“On May 28, the United States Government finally announced a group of measures to put into effect its announcements of May 16, 2022.  The objective of this step, according to the text published by the Office of Foreign Assets Control (OFAC), is to favor the private sector in Cuba.

The measures are limited and do not touch the fundamental body of the blockade against Cuba or the additional sanctions that make up the maximum pressure policy. Once again, the U.S. government's decision rests on its own distorted vision of Cuban reality, by attempting to artificially separate the private sector from the public sector, when both are part of the Cuban business system and society as a whole.

With this announcement, the United States government intends to target only a segment of our population. The coercive measures that most affect the Cuban economy and public services today and that severely damage the well-being of our entire population are not eliminated or modified.

If the announced measures come to fruition, the United States seeks to put in an advantageous situation the private sector that has been legally established and has grown under the measures taken in a sovereign act by the government of Cuba in consultation with the Cuban people. The same has happened with Internet access established and expanded by Cuba despite the obstacles of the blockade and restrictions to prevent free access to hundreds of tools and websites.

The Government of the United States has been explicit in its intention to use this sector for political purposes against the Revolution, based on its objectives of regime change.

Although it is a capricious selectivity, both the public and private sectors will continue to suffer the consequences of the blockade and the absurd inclusion of Cuba on the list of States that supposedly sponsor terrorism.

The coercive measures that make up the economic blockade will remain in force with cruel effects on the entire Cuban population.

It is evident that the U.S. ratifies its willingness to punish the Cuban state sector, knowing that it provides essential services such as education, health, culture, sports and others to all Cubans, including the private sector; and that is the guarantee of social justice and equity among citizens.  For this reason, recent measures were adopted by the U.S. government to pursue Cuba's international medical cooperation and documents have been published that reveal that the commitment to deprive us of income and destabilize the country for political purposes of domination continues.

The Cuban government will study these measures and, if they do not violate national legislation and mean an opening that benefits the Cuban population, even if only a segment, it will not hinder their application.”

• “Once again, the U.S. government tries to tailor its actions not to the reality of Cuba but to a fiction it has constructed about Cuban reality…. These are measures, announced two years ago by President Biden, do not touch the body of the economic, commercial and financial blockade imposed by his government, nor do they modify the extreme regulations that are applied against Cuba.   They demonstrate that once again the U.S. government tries to adapt their actions, not to the reality of the nation, but to a fiction that is built on this reality, and separates the private sector… Cuba is studying them… and the government's decision is firm and, if they do not violate national legislation and truly represent an opportunity or an opening for our population, and the population benefits, even if it's for a specific segment of our population, the Cuban government is not going to put obstacles in the way of the application of these measures.  Johana Tablada, Deputy Director General for the United States at MINREX

Biden-Harris Administration Issues OFAC Regulations To Help Cuba's "Entrepreneurs" But Again Fails To Make The Most Important Change.

While useful for the Biden-Harris Administration (2021- ) to redefine the word "entrepreneur" and to further expand Internet-related activities for entrepreneurs, and to permit entrepreneurs to possibly have a less complex banking transaction process outside of United States, and to authorize entrepreneurs to have bank accounts in the United States, there remains one glaring omission- the continuing prohibition upon direct correspondent banking.

As long as financing, investment, and payments need to be routed through third countries, the Biden-Harris Administration will be constraining precisely the activity it professes to support.

LINK: 10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations May 13, 2024

UNITED STATES DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations (the “Regulations”) to further implement elements of the policy announced by the Administration on May 16, 2022, to increase support for the Cuban people. Among other things, these amendments increase support for internet
freedom for the Cuban people and independent Cuban private sector entrepreneurs by expanding authorizations for internet-based services and a range of financial transactions. These amendments also include several additional or updated cross references and one updated definition.

LINK TO DOCUMENT IN PDF FORMAT

LINK TO FEDERAL REGISTER DOCUMENT

Treasury Amends Regulations to Increase Support for the Cuban People and Independent Private Sector Entrepreneurs

WASHINGTON – Today, the Department of the Treasury’s (Treasury) Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations, 31 CFR part 515, (CACR) to further implement the policy announced by the Biden-Harris Administration on May 16, 2022 to increase support for the Cuban people.  These regulatory amendments update and clarify authorizations in support of internet-based services to promote internet freedom in Cuba, support independent Cuban private sector entrepreneurs, and expand access to certain financial services for the Cuban people.  These regulatory amendments will become effective upon publication in the Federal Register on May 28, 2024.

The latest changes to the CACR are available here. OFAC also updated Frequently Asked Questions (FAQs) on its website related to Cuba. Major elements of the revisions in the CACR include:

Authorized Internet-Based Services and Software

OFAC is amending the CACR to update and clarify the scope of authorized internet-based services, including by adding examples of authorized services incident to the exchange of communications over the internet and updating the authorization for services in support of such communication.  Additional examples of authorized services include social media platforms, collaboration platforms, video conferencing, e-gaming and e-learning platforms, automated translation, web maps, and user authentication services.  OFAC is also clarifying that persons subject to U.S. jurisdiction may provide cloud-based services (including remote data storage, data transport service, content distribution networks, virtual machines, software-as-a-service, and infrastructure-as-a-service) to support services incident to the exchange of communications over the internet.

In addition, OFAC is amending the CACR to expand the authorization for services, including training, to install, repair, or replace items related to communication, or items used to develop software that improves the free flow of information or that will support private sector activities in Cuba consistent with the export or reexport licensing policy of the Department of Commerce, including by removing the requirement that referenced items fall within specific export control classification parameters.  OFAC is further authorizing the export or reexport of Cuban-origin software and mobile applications from the United States to third countries, which will expand the ability for independent Cuban entrepreneurs to offer their software and mobile applications on global application stores.  

Independent Private Sector Entrepreneurs

OFAC is replacing the defined term “self-employed individual” with the new term “independent private sector entrepreneur.”  The new term continues to include self-employed individuals, such as owners or employees of private businesses or sole proprietorships, but the amended definition now also includes private cooperatives or small private businesses that are wholly owned by or consisting solely of such individuals.  In each case, the new term is limited to private cooperatives, small private businesses, and sole proprietorships located in Cuba of up to 100 employees.  The amended definition better reflects Cuba’s non-state sector, as Cuba now authorizes the establishment of small- and medium-sized private enterprises.  Finally, OFAC is excluding prohibited Cuban officials and prohibited Cuban Communist Party members from the new term to ensure they do not take advantage of U.S. actions intended to benefit independent private sector entrepreneurs.

U.S. Bank Account

OFAC is authorizing independent private sector entrepreneurs who are Cuban nationals to open, maintain, and remotely use U.S. bank accounts, including through online payment platforms, to conduct authorized or exempt transactions, whether the independent private sector entrepreneur is physically located in the United States, Cuba, or another country.   

U-Turn Transactions

OFAC is reinstating an authorization for “U-turn” transactions, which are funds transfers that originate and terminate outside the United States where neither the originator nor beneficiary is subject to U.S. jurisdiction.  OFAC previously removed the authorization for “U-turn” transactions in September 2019.  This reinstated authorization is intended to help the Cuban people, including independent private sector entrepreneurs, by facilitating remittances and payments for transactions in the Cuban private sector that are authorized by various provisions of the CACR.  Under this reinstated authorization, U.S banks are authorized to process “U-turn” funds transfers in which Cuba or a Cuban national has an interest, provided that neither the originator nor the beneficiary is a person subject to U.S. jurisdiction.  

OFAC is also authorizing the unblocking and return of any “U-turn” funds transfer that was blocked prior to this reinstatement of the “U-turn” authorization.  For more information on Cuba sanctions, see here.

The White House
Senior Administration Officials on the Cuba OFAC Rollout
Special Briefing- May 28, 2024

MODERATOR: Okay. Good morning, everyone, and welcome to our background call on Cuba. Today’s call is on background, attributable to senior administration officials. For your information only and not for reporting, joining us today are , , and . We will start with brief opening remarks from each of our speakers, then we’ll turn it over to you for questions. If you’d like to ask questions, please use the “raise hand” function on Zoom.  And so with that, let’s turn it over to our first speaker, . Please go ahead.

SENIOR ADMINISTRATION OFFICIAL ONE: Great. Good morning, everybody. Thank you for joining us. I hope everyone had a good Memorial Day. We are on the call today because today we’re taking an important step to support the expansion of free enterprise and the expansion of the entrepreneurial business sector in Cuba. These steps follow upon an announcement that was made in May 16th, 2022, which concluded several measures to support the evolution of a freer, more open society in Cuba. One of the steps mentioned at that time was increasing support for independent Cuban entrepreneurs. And we recognize that this is a growing and dynamic sector of economic activity in Cuba, where people are gaining greater independence from the state, and we felt that it was essential as part of the Biden administration’s Cuba policy to ensure that this sector continues to expand and is supported. Increasing opportunities for independent Cuban entrepreneurs is a critical tenet of our overall Cuba policy, and today we are amending the Cuban Assets Control Regulations which are managed by the Office of Foreign Assets Control at Treasury to implement aspects of this policy to support entrepreneurship and free enterprise in Cuba. These amendments will facilitate greater access to internet-based services for the Cuban people, as well as provide the independent Cuban private sector greater access to international transactions and U.S. banking services, including through online payment platforms. With this announcement, the administration is now fully implementing the May 2022 commitments to the Cuban people. We believe that the growth of an independent entrepreneurial private sector in Cuba is fully aligned with our values, is the best hope for generating economic development and employment in Cuba, and the growth of this sector is also consistent with the President’s guidance to implement measures that will benefit the Cuban people while continuing to minimize resources to the Cuban Government.

These measures also will work in the United States interest, as providing this support for Cuba’s private sector will help to stem irregular migration from the island by creating more economic opportunity on the island. It further allows Cuba to be self-sufficient without relying on their government for all of their daily necessities. Furthermore, we believe that engaging in support of Cuba’s independent private sector will ensure that these important entrepreneurial actors are supported by the United States and make it more difficult for other state actors who wish to engage economically in Cuba only in support of the government and without supporting this private entrepreneurial sector. Additionally, the expansion of internet services aligns with our belief of the importance of inclusive, open, and secure access to the internet, which will foster equitable economic prosperity, and facilitate the enjoyment of human rights and fundamental freedoms, which is what all the people of Cuba deserve. So with that, I will turn it over to my colleague from the State Department.

SENIOR ADMINISTRATION OFFICIAL TWO: Thank you very much. And let me say a bit more about why we are taking these important steps to support the expansion of an independent private sector in Cuba, and why now. We know the Cuban economy is in dire straits. Amid recurring shortages of fuel, electricity, and increasingly even food, it’s clear the communist experiment in Cuba has failed and the government is no longer able to provide for its citizens’ most basic needs. In a country where there are no free elections, the Cuban people are voting with their feet, including by using dangerous irregular migration routes. Against this backdrop, we have seen the Cuban Government grudgingly open space to a nascent, yet growing private sector. While cuentapropistas – or self-employed proprietorships – have been legal for some years, in 2021 the Cuban Government also legalized the creation of small- and medium-sized enterprises. With over 11,000 private businesses registered – operating in diverse fields from food distribution, to construction, to auto repair – Cuba’s private sector is now responsible for nearly one-third of all employment on the island. These changes have profoundly affected Cuban culture. Young Cubans are eager to earn private sector wages rather than work for the state. A class of independent business leaders is emerging. I know this because our team, including myself – both in Havana and in Washington – meets with these individuals. These entrepreneurs look to the United States for inspiration and to develop the necessary skills to run successful businesses. In an acute twist of irony, the island’s communist government must now rely on private enterprise to provide food and basic services for its people. It’s not an easy road for these entrepreneurs. The Cuban Government’s mismanagement of its economy has led to unparalleled high inflation. But because it is more nimble and efficient than the government, the private sector currently serves as a life preserver for the Cuban people without which they could not stay afloat. We believe the organic expansion of the private sector and evolution of the digital economy on the island – led by the Cuban people themselves, and not by any foreign government – is critical.

Above all, we must encourage the freedom of Cuban citizens to define their own economic future. Cuban entrepreneurs prefer U.S. values and our economic model and see the United States as their business partner of choice. We are focused on taking measures that inject a real sense of hope among the Cuban people and stem the tide of worsening humanitarian and migration conditions – all while remaining steadfast and promoting accountable for the Cuban’s Government’s continued abuses. So with that, let me now turn to my colleague from the Treasury Department.

SENIOR ADMINISTRATION OFFICIAL THREE: Good morning, everyone. This is . My State and NSC colleagues have discussed the policy contours of today’s action and now I’d like to focus on some of the specific technical information. This morning OFAC amended the Cuban Assets Control Regulations to implement policies intended to support greater freedom and expanded economic opportunities for the Cuban people, including by increasing opportunities for independent Cuban entrepreneurs. In addition to the regulations, OFAC issued a number of guidance documents, including six new frequently asked questions, and amended several additional frequently asked questions. We also released a fact sheet that explains the regulations in simple terms. In short, we’ve made these updates to the regulations to support two priority policy goals: First, we wanted to increase support for the internet freedom in Cuba, but also increase economic support for the Cuban population. On internet freedom, we’ve added examples of authorized internet services and made updates to allow U.S. companies to provide services to install, repair, or replace certain items. So for example, some of the additional services that are now authorized include social media platforms, collaboration platforms, video conferencing, e-gaming and e-learning platforms, automated translation, web maps, and user authentication services.

To help increase economic support to the Cuban people and increase the Cuban private sector’s access to services like online payment platforms, we’ve also made a couple of key changes to the Cuban Asset Control Regulations. First, we redefined the term “self-employed individual” to “independent private sector entrepreneur” to better reflect the types of individuals and entities that operate in the Cuban private sector. This new definition includes not only the definition of self-employed individual from our old regulations, but also includes private sector businesses, and private cooperatives, and sole proprietorships of up to 100 individuals – and this also includes farms.

As of 2021, Cuban entrepreneurs can establish small and medium private enterprises under the Cuban law. By the latest count, there are over 11,000 registered private businesses in Cuba. It’s important to note that the new definition for independent private sector entrepreneurship excludes prohibited officials of the Cuban Government, such as the national assembly members, Cuban military officers, or certain ministry and staff regime propagandists, and prohibited members of the Cuban Communist Party. For a Cuban private sector business to qualify under this definition, its ownership cannot include such insiders.

Second, we will also allow Cuban independent private sector entrepreneurs to establish and remotely access U.S. bank accounts, including through online payment platforms, to conduct authorized or exempt transactions. This will help facilitate independent private sector entrepreneurs in Cuba, importing food, equipment, and other goods that support the Cuban people. Third, to help facilitate remittances in payments for authorized transactions, including authorized transactions to and from the Cuban private sector, we have also reinstated authorization to allow U-turn transactions. These are funds transactions which start and end outside the United States but pass through the U.S. financial system, and they are a common occurrence in international commerce. Ultimately, these regulatory changes are consistent with the LIBERTAD Act, while specifically opening space for the independent Cuban private sector and the Cuban people to access certain financial services, internet services, and information. I want to reiterate that our Cuba sanctions remain in place and the regulations continue to maintain restrictions on the Cuban Government and its military, intelligence, and security services. Today’s action is about support for greater freedom and expanded opportunities for the Cuban people. With that, I will turn it back over to the moderator for questions.

MODERATOR: Thanks so much. And as a quick reminder, as noted in the invitation to this call, this call is embargoed until its conclusion. Again, if you have a question, please use the “raise hand” function in Zoom. And with that, let’s please go to Kylie Atwood to ask the first question. Kylie, go ahead. You should be able to unmute yourself.

QUESTION: Hi. Thank you, guys, for doing this on this Tuesday morning. Just a quick question of clarification. If you guys could be a little bit more explicit with us, do these – what exactly do these online payment platforms include? Like which platforms are we talking about specifically? I assume it’s Zelle and Venmo, but are there other ones as well? And can you confirm that those two would be included? And then my second question is: Are there other countries that the United States has moved forward with this step in recent history that we can point to? And finally, you mentioned there are about 11,000 registered private businesses in Cuba, so is it safe to assume that all of those – so long as they don’t have those excluded officials on their leadership and team that you noted – they could all apply and try and access these online payment platforms now? Thank you.

MODERATOR: Thank you so much. Over to our speakers to take the question.

SENIOR ADMINISTRATION OFFICIAL THREE: This is . I can probably start and answer a couple of those questions. First, yes, online payment platforms are available to use for the authorized activity that is described in the regulations. As far as – of the 11,000 who have access to these new authorizations, they have to meet the definition of the independent, private sector entrepreneur. And we offer in the regulations a definition of that person, and that is also available in some of the guidance that we have issued. But specifically, this does in fact prohibit and exclude Cuban officials and Cuban Government, military, and intelligence and security services. So if they do have an interest in one of those private sectors, the definition would exclude them from this.

MODERATOR: Great. Thank you so much. Let’s go over to Karen DeYoung. Karen, you should be able to unmute yourself now.

QUESTION: Thank you. I was – I wanted to ask a question about state sponsor of terror definition and Cuba still being on that list. When the Secretary of State was asked last week in Congress about the previous decision to designate Cuba as cooperating with the U.S. anti-terrorism goals, he said that that was because Cuba had lifted – because Colombia had lifted its extradition orders on the ELN and other Colombian terrorist groups. That was the definition of why, in the most recent SST designation – that was the definition of why Cuba remained on the SST list. And so I’m wondering: Is the administration currently engaged in a review of the SST designation? And I have a secondary question about the restrictions that are under the SST designation, various sanctions – secondary sanctions and visa restrictions – that greatly affect the tourist industry, in which there are a lot of private – some entrepreneurs, and wondered to what extent you think those – that also undermines the goals that you’ve said are the goals of this current change that you’ve described.

MODERATOR: Thank you so much.

QUESTION: Sorry, that was kind of long.

SENIOR ADMINISTRATION OFFICIAL TWO: Great, thank you – no, thank you very much. Happy to take that. So on May 15th, the department determined that the circumstances for Cuba’s certification as a not fully cooperating country changed from 2022 to 2023. As you know, Cuba’s refusal to engage with Colombia on extradition requests for the – for ELN members, National Liberation Army members, supported Cuba’s NFCC certification for calendar year 2022. In August 2022, pursuant to an order from the Colombian president, from Gustavo Petro, Colombia’s attorney general announced that arrest warrants would be suspended against 17 ELN commanders, including those whose extradition Colombia had previously requested from Cuba. And moreover, the U.S. and Cuba resumed law enforcement cooperation in 2023, including on countering terrorism. So that’s why on May 15th the State Department determined that Cuba’s continued certification as a not fully cooperation country was no longer appropriated. So the designation of state sponsors of terrorism – terror is wholly separate from the NFCC – not fully cooperating country – certification process, and there have been countries certified as an NFCCs without being designated as state sponsors of terror. U.S. law establishes a specific statutory criteria for rescinding the SST designations, and any review of Cuba’s status on the SST list would be based on the law and the criteria established by Congress. Today’s step we feel is critical, in terms of meeting the President’s commitment in May 2022, to support the Cuban people and support the emerging entrepreneurial class, and we think will have a really big impact on the Cuban economy.

MODERATOR: Thank you so much. Let’s please go to Matt Spetalnick to ask the next question. Matt, you should be able to unmute yourself now.

QUESTION: Yes, thank you very much. I was going to kind of make another try at the state sponsor of terrorism question. I mean, can you confirm whether or not the administration, State Department, has begun an actual formal review of Cuba’s presence on that list? It’s been said since the beginning of the administration that – they’ve used the term “review.” It’s being – it’s been studied, and yet we don’t even know it’s truly under review. If so, if a review has not begun, could one begin in the near term and even be carried out before this administration – this term ends?

SENIOR ADMINISTRATION OFFICIAL TWO: Thanks for your question. So I have no updates on review. I would just say again that U.S. law establishes specific statutory criteria for sending an SST designation. And any review of Cuba’s status on the list would be based on the law and the criteria that Congress has established.

MODERATOR: Great. Thanks so much. Let’s please go to Rafael Bernal to ask the next question. Rafael, you should be able to unmute yourself now. Rafael, if you’re speaking, we can’t hear you.

QUESTION: Oh, is that better?

MODERATOR: Yes. Go ahead.

QUESTION: Oh, sorry about that, and thanks for having the call. Following up on sort of the same line, there’s an apparent contradiction, at least publicly – it sounds strange and the Cubans have commented that it’s illogical – that a country can be fully collaborating against terrorism while sponsoring terrorism – on that side. And then on these sanctions and how they interact with the state sponsor of terrorism designation, a lot of these small and medium enterprises, they depend on tourism, and especially European tourists, and European tourists who right now choose not to go to Cuba because of the sanctions that fall on them because of the state sponsor of terrorism. Is there any relief on that end for these small companies?

SENIOR ADMINISTRATION OFFICIAL TWO: Great. Thanks for your question. So let me just sort of go through the differences between the NFCC certification and how it’s different from the state sponsor of terrorism authority. So basically, the State Department conducts an annual review of countries that are not cooperating fully with U.S. anti-terrorism efforts, which it is known commonly as the not fully cooperating country list. And that’s pursuant to section 40A of the Arms Export Control Act. Section 40A prohibits the sale or license for export of defense articles and services to a foreign country that’s certified as an NFCC. And the act requires that a report of the countries that fall into this category for the previous calendar year be sent to Congress every year by May 15. So the NFCC certification is made pursuant to a separate statutory authority and criteria from those under which state sponsor of terrorism designations are made. So there have been countries certified as NFCCs without being designated as SSTs, and there have been countries that have been designated SSTs without being certified as NFCCs, like Sudan. So they are separate authorities that have taken place. In terms of the tourism sector, I would just say that this is – these steps taken today by President Biden, by the administration are opening up a significant amount of space for private enterprises on the island. So that can be across all sectors in which you have these small and medium enterprises. That includes in the tourist sector, but also includes a diverse set of sectors, including auto repair, including food distribution. It’s really across the line. And we’ve been heartened by the fact that, in spite of Cuba’s dire economic situation, there’s this budding class of entrepreneurs, some 30 percent of the economy now, which are really taking extraordinary efforts to work against the failed communist experiment in the country and move forward in a positive direction. And what we’re looking to do today is support those individuals.

MODERATOR: Thanks. Let’s please go to Nora Gamez Torres to ask the next question. Nora, you should be able to unmute yourself. Go ahead.

QUESTION: Hi. Thank you so much for doing this. I wonder if you could go into more details about the use of online payment systems, if you can describe actually what are the ones that are authorized. And I guess you are authorizing this, but banks would have to actually decide if they want to provide these services or not. So I wonder if you can also comment on the sort of conversations you have been having with banks and these tech companies.

SENIOR ADMINISTRATION OFFICIAL THREE: Thanks, Nora, for that question. Yes, the regulatory amendment specifically authorized Cuban independent private sector entrepreneurs to establish and remotely access U.S. bank accounts, including through online payment platforms, to conduct authorized or exempt transactions. And the goal of this, of course, is to help facilitate independent private sector entrepreneurs in Cuba to import food, equipment, and other goods that that the Cuban people need. So yes, they do have access – if they meet the definition of private sector entrepreneurs and they are conducting authorized or exempt transactions, they have the ability to access U.S. bank accounts, establish and remotely access U.S. bank accounts, and that includes online payment platforms. In terms of your follow-on question, I think the types of – I’m sorry, Nora, what was the second half of your question?

MODERATOR: Her question was about conversations that we’ve been having with banks and tech companies. Yeah.

SENIOR ADMINISTRATION OFFICIAL THREE: Oh, yes. Yes. So look, you are absolutely right, the financial institutions will make a risk-based decision, but the State Department and the Treasury Department will engage regularly with financial institutions. And we will – if they have questions, they will come in to OFAC and ask those questions. But we do regularly engage with banks related to questions on Cuba regulations, and we anticipate that they will be coming in and OFAC will be prepared to field those.

MODERATOR: Great, thank you. And our final question will go to Rebecca Santana. Rebecca, you should be able to unmute yourself.

QUESTION: Hi, thank you so much. Just full disclosure, I do not usually cover Cuba, so this is a little bit elementary. I just kind of want to make sure that I am understanding this correctly. So before this, if you were an entrepreneur in Cuba, you couldn’t access the U.S. banking system, whether that was have it in a bank account or whether using, like, your Chase Bank app to make transactions. And now you will be able to presumably as long as you meet this definition of what it is to be a private sector entrepreneur, an independent one, and you don’t have these government ties to your company – you would be able to access that – you’d be able to set up a U.S. bank and be able to use – do online banking.

SENIOR ADMINISTRATION OFFICIAL THREE: Thank you, Rebecca. That’s right. This new authorization allows private sector – independent private sector entrepreneurs, as per the definition, to establish and remotely access U.S. bank accounts, including through our online payment platforms. But it —

MODERATOR: Great —

SENIOR ADMINISTRATION OFFICIAL THREE: Again, it has to be linked to authorized or exempt transactions.

MODERATOR: Thank you so much. That does exhaust our questions and conclude this morning’s call. As a reminder, this morning’s call was on background, attributable to senior administration officials. And the embargo has now lifted on the call. Thank you all so much for joining us, and thank you to our speakers. Have a great day. Bye-Bye. 

Cuba: Oral Argument At Court Of Appeals In Libertad Act Lawsuit Against Four Cruise Lines Moving US$439.2 Million (Plus US$11.7 Million In Attorney Fees) Verdict Nearer To Conclusion.

Oral Argument At 11th Circuit Court Of Appeals In Libertad Act Lawsuit Against Four Cruise Lines Moving US$439.2 Million (Plus US$11.7 Million In Attorney Fees) Verdict Nearer To Conclusion. 

The Original Complaint Was Filed On 2 May 2019.  The Four Cruise Lines And Plaintiff Have Retained More Than Eight Law Firms With More Than Fifty-Seven Attorneys Assigned To The Lawsuits. 

The Trump-Pence Administration (2017-2021) on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).  Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.   

In December 2022, A United States District Court For The Southern District Florida Awarded Plaintiff US$439,217,424.51 Million And US$11,707,484.31 In Legal Fees.  The Award Continues To Accrue Interest. 

If The United States District Court Verdict Is Upheld, Losing Party Would Likely Seek “en banc” Review By All Twelve Members Of 11th Circuit Court Of Appeals.  If Not Granted, Losing Party Has Ninety Days To Ask The United States Supreme Court To “grant a writ of certiorari” And Agree To Hear The Appeal.    

HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [Consolidated to 1:19-cv-23591; 1:19-cv-21724; Southern Florida District]; Judgement Entered 12/30/22; 23-10171, 11th Circuit Court of Appeals].

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Ellis George LLP (plaintiff)
Jones Walker LLP (defendant)
Boies Schiller Flexner LLP (defendant)
Paul Weiss Rifkind Wharton & Garrison LLP (defendant)
Akerman LLP (defendant)

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [Consolidated to 1:19-cv-23591; 1:19-cv-23588; Southern Florida District]; Judgement Entered 12/30/22; 23-10171, 11th Circuit Court of Appeals].

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)
Orrick Herrington & Sutcliffe LLP (defendant)

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [Consolidated to 1:19-cv-23591; 1:19-cv-23591; Southern Florida District]; Judgement Entered 12/30/22; 23-10171, 11th Circuit Court of Appeals].

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)
Quinn Emanuel Urquhart & Sullivan LLP (defendant)

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [Consolidated to 1:19-cv-23591; 1:19-cv-23590; Southern Florida District]; Judgement Entered 12/30/22; 23-10171, 11th Circuit Court of Appeals].

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)
Clement & Murphy (defendant)

LINK To Oral Argument Recording (17 May 2024) 

LINK: After 43 Months, Florida District Court Judge Hands First Cuba Libertad Act Verdict- Four Cruise Lines Must Pay US$439,217,424.51 Plus US$11,707,484.31 In Legal Fees. Appeals Probable. December 30, 2022 

LINK: Carnival Corporation Secures US$124.6 Million Surety Bond As It Pursues Appeal Of December 2022 Libertad Act Lawsuit Verdict Against It And Three Other Cruise Companies. April 25, 2023 

LINK To Libertad Act Title III Lawsuit Filing Statistics 

05/17/2024- Oral argument held this date. Oral Argument presented by Paul D. Clement for Appellant RCL and Christopher Landau for Appellee Havana Docks Corporation in 23-10151, Paul D. Clement for Appellant-Cross Appellee RCL, Kannon K. Shanmugam for Appellant-Cross Appellee CCL and Christopher Landau for Appellee-Cross Appellant Havana Docks Corporation in 23-10171. [23-10151, 23-10171] [Entered: 05/17/2024 01:51 PM] 

Excerpts From Court Documents: 

“With respect to Carnival, Havana Docks filed its initial complaint on May 2, 2019, resulting in pre-filing interest in the amount of $27,377,359.42.10 When added to the amount certified to Havana Docks by the FCSC—$9,179,700.88—it totals $36,557,060.30. As for MSC, Royal Caribbean, and Norwegian, Havana Docks filed its initial complaint against each Defendant on August 27, 2019, resulting in pre-filing interest in the amount of $27,436,548.41. When added to the amount certified to Havana Docks by the FCSC, it totals $36,616,249.29 for each of the three Defendants. Havana Docks is further entitled to treble damages. Where a plaintiff “owns a claim with respect to that property which was certified by the FCSC,” § 6082(a)(3)(A), damages are the sum of (1) the plaintiff’s costs and reasonable attorney fees and (2) “3 times the amount determined applicable under paragraph (1)(A)(i).” § 6082(a)(3)(C). In its order on Defendants’ motion to confirm interest calculation, the Court ruled that the amount referred to in “paragraph (1)(A)(i)” is “the claim and the interest.”11 The amount subject to trebling in the Carnival action is, therefore, $36,557,060.30, and in each of the MSC, Royal Caribbean, and Norwegian actions it is $36,616,249.29. Thus, the total amount of liability in the Carnival action is $109,671,180.90 (plus costs and attorneys’ fees) and the total amount in each of the MSC, Royal Caribbean, and Norwegian actions is $109,848,747.87 (plus costs and attorneys’ fees). 

WHEREFORE, Havana Docks respectfully requests the entry final judgment in each action as follows: 1. Against Carnival Corporation, in case number 19-cv-21724, the amount of $109,671,180.90, plus court costs and reasonable attorneys’ fees, with post[1]judgment interest to accrue thereon at the rate and manner prescribed by 28 U.S.C. § 1961. 2. Against MSC Cruises S.A., MSC Cruises USA, LLC, f/k/a MSC Cruises (USA) Inc., in case number 19-cv-23588, the amount of $109,848,747.87, plus court costs and reasonable attorneys’ fees, with post-judgment interest to accrue thereon at the rate prescribed by 28 U.S.C. § 1961. 3. Against Royal Caribbean Cruises Ltd., in case number 19-cv-23590, the amount of $109,848,747.87, plus court costs and reasonable attorneys’ fees, with post-judgment interest to accrue thereon at the rate and manner prescribed by 28 U.S.C. § 1961. 4. Against Norwegian Cruise Line Holdings, Ltd. in case number 19-cv[1]23591, the amount of $109,848,747.87, plus court costs and reasonable attorneys’ fees, with post-judgment interest to accrue thereon at the rate and manner prescribed by 28 U.S.C. § 1961.” 

“Upon Defendants’ Motion to Confirm Interest Calculation Pursuant to 22 U.S.C. § 6082(a)(1)(B), the Court considered Defendants’ request to confirm how it will calculate the applicable interest in this case. See ECF No. [428] (“Interest Order”). The Interest Order confirmed the applicable interest rate, determined that the interest is simple rather than compounded, and analyzed how the Helms-Burton Act’s trebling provision applies. See id. In pertinent part, Defendants argued that the applicable interest rate should be a single rate from the calendar week preceding the date of judgment. See 28 U.S.C. § 1961(a). However, the Court already considered and rejected Defendants’ interpretation. Specifically, the Court determined that, according to the plain language of the Helms-Burton Act, the applicable rate of interest is the weekly average 1- year constant maturity Treasury yield for each week over the period between the date of confiscation and the date Plaintiff brought each case against each Defendant. Id. at 9. In the Motion, Defendants now urge the Court to reconsider its conclusion, arguing that the reasoning in the Interest Order supports the application of a single rate as of the week each Complaint was filed in these cases. Plaintiff opposes the request, arguing that Defendants raise an entirely new argument, and the Motion is therefore improper.

However, Defendants fail to show any inconsistency in the Court’s rulings, and Defendants’ request amounts to nothing more than disagreement with the Court’s conclusion in the Interest Order. “[W]hen there is mere disagreement with a prior order, reconsideration is a waste of judicial time and resources and should not be granted.” Roggio v. United States, No. 11- 22847-CIV, 2013 WL 11320226, at *1 (S.D. Fla. July 30, 2013) (internal citation and quotation marks omitted). Indeed, “[i]t is an improper use of the motion to reconsider to ask the Court to rethink what the Court already thought through—rightly or wrongly.” Z.K. Marine Inc., 808 F. Supp. at 1563 (citation and alterations omitted).”

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

At Least Twenty-Two (22) United States-Based Companies Have Licenses From BIS To Export Vehicles From The United States To The Republic Of Cuba.

At Least Twenty-Two (22) United States-Based Companies Have Licenses From BIS To Export Vehicles From The United States To The Republic Of Cuba. 

The Biden-Harris Administration (2021- ) authorized the Bureau of Industry and Security (BIS) of the United States Department of Commerce to issue licenses to United States-based entities to export vehicles (electric, hybrid, gasoline, diesel), motorcycles (electric, hybrid, gasoline, diesel), and scooters (electric, hybrid, gasoline, diesel) to a micro, small, and medium-sized enterprise (MSME), also known as a PYME (pequeñas y medianas empresas), and to Republic of Cuba nationals.  

• Ten Months After Denial, Biden-Harris Administration Approves Exports Of Electric Motorcycles, Electric Scooters To Cuba Nationals And To Privately-Owned Companies In CubaOctober 05, 2022  

• First Tesla Model Y Vehicle Authorized By Biden-Harris Administration Scheduled For Delivery To A Cuban National. Maryland-Based Company Received First BIS License. November 30, 2023  

Republic of Cuba government-operated IMPEXPORT S.U.R.L. is the importer-of-record for vehicles from the United States entering the Republic of Cuba. 

• Cuba Received More Than US$20 Million In New And Used Vehicles (Including Motorcycles), Gas And Electric, And Parts, From The U.S. In Last Fifteen Months. May 6, 2024  

On 10 May 2022, the Biden-Harris Administration, after an eleven-month inter-agency review process, directed the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury to issue the first license (valid for two years) to a United States-based entity to deliver to the Republic of Cuba a direct investment in and provide direct financing to a MSME/PYME.  

The government of the Republic of Cuba reports more than 10,000 registered PYMEs in the Republic of Cuba, including some Republic of Cuba government-operated companies which have transformed into PYMEs.    

• With U.S. Government Authorization For First Direct Equity Investment Into A Private Company In Cuba, Here Is Important Context And Details.  About The Parties; About The Message. May 16, 2022       

• Biden-Harris Administration Approves First Equity Investment Since 1960 In A Private Cuban Company May 10, 2022   

• Biden Administration Will Use Cuba's Authorization Of SMSE's As Means To Expand Support For Cuba Private Sector- U.S. Investments And Loans May Be Next June 02, 2021     

• Western Union Resumes Services To Cuba. Continues Prohibition For Commercial Use. May 11, 2024  

• 10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations May 13, 2024

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Oral Argument Audio At 11th Circuit Court Of Appeals For Cuba Libertad Act Lawsuit Against China-Based Xinjiang Goldwind Science & Technology Co.

18 April 2024: “Oral argument held this date. Oral Argument presented by Craig Boneau for Appellant North American Sugar Industries, Inc., Patrick J. Boyle for Appellee DSV Air & Sea Inc., Christopher Stephen Carver for Appellees BBC Chartering USA, LLC and BBC Chartering Singapore PTE Ltd. and Sean Marotta for Appellees Xinjiang Goldwind Science & Technology Co., Ltd. and Goldwind International Holdings (HK) Ltd.. [Entered: 04/18/2024 12:43 PM]”

Link To Audio (18 April 2024)

NORTH AMERICAN SUGAR INDUSTRIES INC., V. XINJIANG GOLDWIND SCIENCE & TECHNOLOGY CO., LTD., GOLDWIND INTERNATIONAL HOLDINGS (HK) LTD., DSV AIR & SEA INC., BBC CHARTERING USA, LLC, and BBC CHARTERING SINGAPORE PTE LTD., [1:20-cv-22471 Southern Florida District; 23-10126 11th Circuit Court of Appeals].

Gibson, Dunn & Crutcher (plaintiff)
Mandel & Mandel (plaintiff)
Morgan, Lewis & Bochius (defendant)
Akerman (defendant)
Hogan Lovells LLP (defendant)
Leto Law Firm (defendant)
Venable LLP (defendant)
Strook & Strook & Lavan LLP (defendant)

07/28/2023- Transmitted Electronic Record on Appeal to US Court of Appeals re 300 Notice of Appeal. USCA #23-10126-JJ.
05/19/2023- Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 300 Notice of Appeal, Appeal No. 23-10126-JJ. The entire record on appeal is available electronically.

LINK: NOTICE OF APPEAL (1/10/23)

LINK: STATUS UPDATE (2/13/24)

“Following jurisdictional discovery, a hearing on the Motions, and post-hearing briefing, Judge Otazo-Reyes issued her Report. [ECF No. 277]. The Report made the following findings:

1. The Court does not have personal jurisdiction over DSV US pursuant to Florida Statute § 48.193(1)(a)(1)—the long-arm statute's business activity prong—because Plaintiff's claims do not arise from DSV US's Florida-based business operations;

2. The Court does not have personal jurisdiction over any Defendant pursuant to Florida Statute § 48.193(1)(a)(2)—the long-arm statute's tortious act prong—because (a) the place of the alleged injury is not in Florida and (b) a substantial aspect of the alleged tort was not committed in Florida;

3. Even if the long-arm statute were satisfied, Defendants do not have minimum contacts with Florida sufficient to satisfy the Due Process clause;

4. The Court does not have personal jurisdiction over Defendants pursuant to Rule 4(k)(2) because exercising jurisdiction would not be consistent with the United States Constitution; and

5. Plaintiff's claim for conspiracy does not provide a basis for personal jurisdiction over the Defendants because Plaintiff has not established that Defendants committed a tortious act in Florida in furtherance of the alleged conspiracy. Id.

In its Objections, Plaintiff re-asserts the bulk of the arguments it raised in response to the Motions. See [ECF No. 218]. In addition, Plaintiff argues that the Report (1) failed to consider the broader range of activity that constitutes trafficking under the Act; (2) ignored evidence including that US export law required that the blades make a stop in Miami enroute to Cuba; (3) failed to construe inferences in favor of Plaintiff; and (4) misapplied the constitutional minimum contacts analysis. [ECF No. 282].

N. Am. Sugar Indus. v. Xinjiang Goldwind Sci. & Tech. Co., 645 F. Supp. 3d 1352, 1358 (S.D. Fla. 2022)”

NORTH AMERICAN SUGAR INDUSTRIES INC., Plaintiff, v. DSV AIR & SEA INC., Defendant. [2:21-cv-00080; New Jersey District].

Reid Collins Tsai LLP (plaintiff)
Gibson, Dunn & Crutcher (plaintiff)
Morgan, Lewis & Bochius (defendant)
Venable LLP (defendant)

NORTH AMERICAN SUGAR INDUSTRIES INC., Plaintiff, V. BBC CHARTERING USA, LLC, Defendant. [4:21-cv-00012; Southern District Texas]

Reid Collins Tsai LLP (plaintiff)
Gibson, Dunn & Crutcher (plaintiff)
Akerman (defendant)

LINK: NINETEENTH JOINT STATUS REPORT REGARDING BBC USA’S JURISDICTIONAL CHALLENGES IN THE FIRST ACTION

LINK TO LIBERTAD ACT TITLE III LAWSUIT FILING STATISTICS

One Year Can Make A Difference... Biden-Harris Administration Reports Cuba Is No Longer A "Not Fully Cooperating Country" Relating To "U.S. Counterterrorism Efforts." Precursor For More Changes?

United States Department of State
Washington DC
15 May 2024

"On May 15, the Secretary determined and certified under Section 40A(a) of the Arms Export Control Act that four countries – the DPRK, Iran, Syria, and Venezuela – are “not cooperating fully” with U.S. counterterrorism efforts (NFCC).

The Department determined that the circumstances for Cuba’s certification as a “not fully cooperating country” have changed from 2022 to 2023.  Therefore, the Department did not certify Cuba as a “not fully cooperating country” for calendar year 2023 under Section 40A of the Arms Export Control Act.

Cuba’s refusal to engage with Colombia on extradition requests for National Liberation Army (ELN) members supported Cuba’s NFCC certification for calendar year 2022.  In August 2022, pursuant to an order from Colombian President Gustavo Petro, Colombia’s Attorney General announced that arrest warrants would be suspended against 17 ELN commanders, including those whose extradition Colombia had previously requested from Cuba.  Moreover, the United States and Cuba resumed law enforcement cooperation in 2023, including on counterterrorism.  Therefore, the Department determined that Cuba’s continued certification as a “not fully cooperating country” was no longer appropriate. 

This is NOT the same list as the State Sponsors of Terrorism. U.S. law establishes specific statutory criteria for rescinding an SST designation.  Any future review of Cuba’s status would be based on the law and criteria established by Congress."

Federal Register
Dated: May 8, 2023.
Antony J. Blinken, Secretary of State.
[FR Doc. 2023–10903 Filed 5–22–23; 8:45 am], BILLING CODE 4710–AD–P 

U.S. Department Of State Certifies Government Of Cuba Is "Not Cooperating Fully With United States Antiterrorism Efforts." May 23, 2023

Representative Crawford From Arkansas Visits Cuba For Work Relating To Permanent Select Committee on Intelligence. Also Participates In 5th U.S.-Cuba Agricultural Conference.

Rick Crawford (R- 1st District, Arkansas), a member of the United States House of Representatives, visited the Republic of Cuba from 11 May 2024 to 13 May 2024, for work relating to the United States House of Representatives Permanent Select Committee on Intelligence. While in the Republic of Cuba, Representative Crawford attended portions of the 5th U.S.-Cuba Agricultural Conference.

LINK To List Of U.S. Government Officials/Governors/Members Of United States Congress Visiting Cuba

LINKS To Related Analyses

Advocacy Group Did Not Always Oppose Having Others Pay Certified Claimants; Removing Responsibility From Cuba April 27, 2019 

116th Congress Will Have Cuba Legislation: Boxing Match May Look Like This December 29, 2018 

Rep. Crawford Withdraws Legislation.... Good News For Certified Claimants June 28, 2017 

Cuba- Last Week’s Mistakes By Members Of Congress/Advocates Could Hurt U.S. Companies July 12, 2016 

Cuba Trade Amendment Withdrawn As House Leaders Promise Path Forward July 07, 2016

Impacting Cuba? Booking Holdings Inc. And Booking.com B.V. Reach Settlements In Five U.S. Libertad Act Title III Lawsuits. Six Of 45 Lawsuits Filed Since 2019 Have Full Or Partial Settlements.

Booking Holdings Inc. And Booking.com B.V. Reach Settlements In Five Cuba Libertad Act Title III Lawsuits.

The Trump-Pence Administration (2017-2021) on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).

• Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.

Along With Financial Settlement, Did Plaintiffs Use Provision In Libertad Act For A Private Settlement Which Would Permit Booking Holdings Inc. And Booking.com B.V. To Continue To Operate In Cuba?

Will Settlements Impact U.S. And Non-U.S. Travelers To Cuba?

Six Libertad Act Title III Lawsuits Have Now Been Settled- One Fully And Five Partially.

First Settlement With A Switzerland-Based Company. Second Settlements With One Defendant Who Is A United States-Based Company And One Defendant Who Is A Netherlands-Based Company.

On 28 December 2023, the plaintiffs and one of the defendants (with two corporate entities) submitted to judges a “Stipulation of Partial Voluntary Dismissal with Prejudice” for five lawsuits. The courts granted dismissals individually on 2 January 2024, 19 January 2024, 20 January 2024, 22 January 2024, 22 January 2024. The dismissals included the statement: “… each party to bear its own costs and attorney fees.” The initial lawsuits were filed on 24 June 2019.

The five (5) Libertad Act Title III lawsuits were filed in the United States District Court for the Southern District of Florida, one of which had reached the Atlanta, Georgia-based United States Court of Appeals for the Eleventh Circuit.

From the company: “Booking Holdings (NASDAQ: BKNG) [2023 revenue US$21.3 billion] is the world's leading provider of online travel and related services, provided to consumers and local partners in more than 220 countries and territories through five primary consumer-facing brands: Booking.com, Priceline, Agoda, KAYAK and OpenTable. The mission of Booking Holdings is to make it easier for everyone to experience the world. For more information, visit BookingHoldings.com and follow us on X @BookingHoldings.”

LINK: Libertad Act Title III Lawsuit Settlement Fact Sheet (2019- )
LINK: Libertad Act Title III Lawsuit Filing Statistics 2019- )

OSVALDO SOTO V. BOOKING.COM B.V. AND BOOKING HOLDINGS INC. [1:20-cv-24044; Southern Florida District].  Settlement: Booking.com BV and Booking Holdings, Inc., dismissed as defendants on 2 January 2024 with plaintiff and defendant bearing its own fees and costs.

Rivero Mestre LLP (plaintiff)
Manuel Vazquez PA (plaintiff)
Baker & McKenzie LLP (plaintiff)
Boies Schiller Flexner LLP (defendant)
Baker & McKenzie LLP (defendant)
Scott Douglass & McConnico LLP (defendant)
Akerman LLP (defendant)

LINK: STIPULATION OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE (12/28/23)
LINK: ORDER DISMISSING CERTAIN DEFENDANTS (1/02/24)

Date Filed    #    Docket Text
05/14/2024    152
REPLY to Response to Motion re 147 MOTION to Withdraw as Attorney by Andres Rivero, Esq., Alan H. Rolnick, Esq., Ana C. Malave, Esq., Sylmarie Trujillo, Esq., and Manuel Vazquez, Esq. for / filed by Eduardo Soto. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 05/14/2024)
05/09/2024    151
RESPONSE in Opposition re 147 MOTION to Withdraw as Attorney by Andres Rivero, Esq., Alan H. Rolnick, Esq., Ana C. Malave, Esq., Sylmarie Trujillo, Esq., and Manuel Vazquez, Esq. for / filed by Expedia Group, Inc.. Replies due by 5/16/2024. (Perez, Lorayne) (Entered: 05/09/2024)
05/08/2024    150
Plaintiff's MOTION to Strike Expedia's Affirmative Defenses by Eduardo Soto. Responses due by 5/22/2024. (Rivero, Andres) (Entered: 05/08/2024)
05/08/2024    149
RESPONSE in Support re 141 Defendant's MOTION for Reconsideration re 138 Order on Motion to Dismiss for Partial Reconsideration, and in the Alternative, Motion for Certification for Interlocutory Appeal filed by Expedia Group, Inc.. (Perez, Lorayne) (Entered: 05/08/2024)
05/06/2024    148     PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Plaintiff's Counsel has filed a Motion to Withdraw. (DE 147 ). The certificate of conferral reflects that the requested relief is opposed by Defendants. In the interest of resolving this issue without unnecessary delay, I will expedite the briefing schedule on this motion. Therefore, on or by May 9, 2024, Defendants shall file a response to Plaintiff's Motion, fully setting forth the basis for their opposition. Signed by Judge Donald M. Middlebrooks on 5/6/2024. (kid) (Entered: 05/06/2024)
05/02/2024    147
MOTION to Withdraw as Attorney by Andres Rivero, Esq., Alan H. Rolnick, Esq., Ana C. Malave, Esq., Sylmarie Trujillo, Esq., and Manuel Vazquez, Esq. for / by Eduardo Soto. Responses due by 5/16/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 05/02/2024)
05/02/2024    146
ORDER GRANTING 144 DEFENDANT'S MOTION for Reconsideration, AND GRANTING 140 DEFENDANT'S MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17454677 filed by Expedia Group, Inc. Signed by Judge Donald M. Middlebrooks on 5/2/2024. See attached document for full details. (caw) (Entered: 05/02/2024)
05/01/2024    145
RESPONSE in Opposition re 141 Defendant's MOTION for Reconsideration re 138 Order on Motion to Dismiss for Partial Reconsideration, and in the Alternative, Motion for Certification for Interlocutory Appeal filed by Eduardo Soto. Replies due by 5/8/2024. (Rivero, Andres) (Entered: 05/01/2024)
04/30/2024    144
Defendant's MOTION for Reconsideration re 143 Order on Motion to Appear Pro Hac Vice by Expedia Group, Inc.. (Perez, Lorayne) (Entered: 04/30/2024)
04/18/2024    143     PAPERLESS ORDER denying 140 Motion to Appear Pro Hac Vice. Attorney Santosh Aravind has filed more than three motions to appear pro hac vice within a 365-day period. Signed by Judge Donald M. Middlebrooks on 4/18/2024. (kid) (Entered: 04/18/2024)
04/17/2024    142
Expedia Group's ANSWER and Affirmative Defenses to Amended Complaint by Expedia Group, Inc.. (Perez, Lorayne) (Entered: 04/17/2024)
04/17/2024    141
Defendant's MOTION for Reconsideration re 138 Order on Motion to Dismiss for Partial Reconsideration, and in the Alternative, Motion for Certification for Interlocutory Appeal by Expedia Group, Inc.. (Perez, Lorayne). (Entered: 04/17/2024)
04/17/2024    140
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17454677 by Expedia Group, Inc.. Responses due by 5/1/2024. (Attachments: # 1 Text of Proposed Order proposed Order)(Perez, Lorayne) (Entered: 04/17/2024)
04/03/2024    139
ORDER DENYING AS MOOT 135 PLAINTIFF'S Motion to Stay and GRANTING IN PART 136 PLAINTIFF'S Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 4/3/2024. See attached document for full details. (caw) (Entered: 04/03/2024)
04/03/2024    138
ORDER DENYING 124 DEFENDANT EXPEDIA GROUP, INC.'S MOTION TO DISMISS. Signed by Judge Donald M. Middlebrooks on 4/3/2024. See attached document for full details. (caw) (Entered: 04/03/2024)
03/28/2024    137
RESPONSE in Opposition re 136 Plaintiff's MOTION for Extension of Time and to Modify Scheduling Order filed by Expedia Group, Inc.. Replies due by 4/4/2024. (Perez, Lorayne) (Entered: 03/28/2024)
03/14/2024    136
Plaintiff's MOTION for Extension of Time and to Modify Scheduling Order by Eduardo Soto. Responses due by 3/28/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/14/2024)
03/06/2024    135
Unopposed MOTION to Stay by Eduardo Soto. Responses due by 3/20/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/06/2024)
02/05/2024    134
NOTICE of Mediator Selection. Selected/Added Harry Schafer as Mediator. (Rivero, Andres) (Entered: 02/05/2024)
02/02/2024    133
Defendant's REPLY to Response to Motion re 124 Defendant's MOTION to Dismiss with Prejudice 49 Amended Complaint/Amended Notice of Removal, filed by Expedia Group, Inc.. (Perez, Lorayne) (Entered: 02/02/2024)
02/02/2024    132
REPORT REGARDING Joint Discovery Plan and Rule 26(f) Conference by Eduardo Soto (Rivero, Andres) (Entered: 02/02/2024)
02/02/2024    131     PAPERLESS ORDER granting 130 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke. Signed by Judge Donald M. Middlebrooks on 2/2/2024. (kid) (Entered: 02/02/2024)
02/01/2024    130
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 127 Motion to Appear Pro Hac Vice, by Expedia Group, Inc.. Responses due by 2/15/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 02/01/2024)
02/01/2024    129     PAPERLESS ORDER denying without prejudice 127 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke. Local counsel did not consent to electronically serve all documents and things that may be served electronically, and did not consent to serving documents in compliance with the CM/ECF Administrative Procedures. A sample motion may be found on the Court's website. Counsel may refile this motion in compliance with all applicable rules. Signed by Judge Donald M. Middlebrooks on 2/1/2024. (kid) (Entered: 02/01/2024)
01/26/2024    128
RESPONSE in Opposition re 124 Defendant's MOTION to Dismiss with Prejudice 49 Amended Complaint/Amended Notice of Removal, filed by Eduardo Soto, as Personal Representative of Osvaldo Soto. Replies due by 2/2/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 01/26/2024)
01/26/2024    127
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Receipt # AFLSDC-17246203 by Expedia Group, Inc.. Responses due by 2/9/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 01/26/2024)
01/22/2024    126
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 2/22/2024. Discovery due by 6/13/2024. Fact Discovery due by 6/13/2024. Expert Discovery due by 6/13/2024. Joinder of Parties due by 2/22/2024. In Limine Motions due by 6/24/2024. Dispositive Motions due by 6/24/2024. Motions due by 6/24/2024. Pretrial Stipulation due by 7/29/2024. JURY TRIAL set for 10/21/2024 at 09:00 AM in Miami Division before Judge Donald M. Middlebrooks. CALENDAR CALL set for 10/15/2024 at 01:15 PM in Miami Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 1/22/2024. See attached document for full details. (caw) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 01/22/2024)
01/12/2024    125
REPORT REGARDING Joint Report and Proposed Pre-Trial Litigation Schedule by Expedia Group, Inc. (Attachments: # 1 Text of Proposed Order proposed Order Setting Trial and Pre-Trial Schedule)(Perez, Lorayne) (Entered: 01/12/2024)
01/12/2024    124
Defendant's MOTION to Dismiss with Prejudice 49 Amended Complaint/Amended Notice of Removal, by Expedia Group, Inc.. Responses due by 1/26/2024. (Attachments: # 1 Exhibit Exhibit 1 - Declaration)(Perez, Lorayne) (Entered: 01/12/2024)
01/04/2024    123
ORDER REQUIRING PROPOSED LITIGATION SCHEDULE: On or by January 12, 2024 the Parties SHALL CONFER and JOINTLY FILE a proposed pretrial litigation schedule, including a requested trial date. Signed by Judge Donald M. Middlebrooks on 1/4/2024. See attached document for full details. (scn) (Entered: 01/05/2024)
01/04/2024    122
ORDER LIFTING STAY: Expedia Group, Inc.'s response/answer to Amended Complaint due 1/12/2024. Signed by Judge Donald M. Middlebrooks on 1/4/2024. See attached document for full details. (scn) (Entered: 01/05/2024)
01/02/2024    121
Order Dismissing Certain Defendants re 120 Joint Stipulation of Partial Voluntary Dismissal; Dismissing Claims with prejudice against Booking Holdings Inc. and Booking.com B.V. Signed by Judge Donald M. Middlebrooks on 1/2/2024. See attached document for full details. (ls) (Entered: 01/02/2024)
12/28/2023    120
STIPULATION of Dismissal Stipulation of Partial Voluntary Dismissal by Eduardo Soto, as Personal Representative of the Estate of Osvaldo Soto, and Booking.com B.V. and Booking Holdings Inc. by Eduardo Soto, as Personal Representative of Osvaldo Soto (Rivero, Andres) (Entered: 12/28/2023)

DIEGO TRINIDAD v. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, LLC, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC. [1:19-cv-22629; Southern Florida District].  Lawsuit dismissed with leave to amend on 16 November 2020.  Settlement: Booking.com BV and Booking Holdings, Inc., dismissed as defendants on 23 January 2024 with plaintiff and defendant bearing its own fees and costs.

Rivero Mestre (plaintiff)
Carlos A. Rodriguez Law PLLC (plaintiff)
Manuel Vazquez (plaintiff)
Law Office of Miguel San Pedro (plaintiff)
Boies Schiller Flexner LLC (defendant)
Akerman LLP (defendant)
Actuate Law (defendant)
Scott Douglass & McConnico LLP (defendant)
Baker & McKenzie LLC (defendant)

LINK: STIPULATION OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE (12/28/23)
LINK: FINAL ORDER OF DISMISSALS AS TO BOOKING.COM, B.V. AND BOOKING HOLDINGS INC. (1/20/24)

Date Filed    #    Docket Text
04/30/2024    210
Defendant's MOTION for Reconsideration re 207 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/30/2024)
03/25/2024    209     PAPERLESS ORDER granting 208 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Santosh Aravind, Esq. of the law firm Scott Douglass & McConnico LLP. Signed by Judge Federico A. Moreno on 3/25/2024. (mmd) (Entered: 03/25/2024)
03/20/2024    208
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17384289 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 4/3/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 03/20/2024)
03/14/2024    207
ORDER granting 205 Motion to Continue. Calendar Call set for 10/15/2024 02:00 PM before Judge Federico A. Moreno. Jury Trial set for two-week period starting 10/21/2024 before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 3/14/2024. See attached document for full details. (mmd) (Entered: 03/14/2024)
03/12/2024    206
NOTICE of Attorney Appearance by Miguel San Pedro on behalf of Diego Trinidad. Attorney Miguel San Pedro added to party Diego Trinidad(pty:pla). (San Pedro, Miguel) (Entered: 03/12/2024)
03/08/2024    205
Defendant's MOTION to Continue Trial and Extend Pretrial Deadlines by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 3/22/2024. (Attachments: # 1 Exhibit Shank Declaration)(Perez, Lorayne) (Entered: 03/08/2024)
02/05/2024    204     PAPERLESS ORDER granting 203 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke, Esq. of the law firm Scott Douglass & McConnico LLP. Signed by Judge Federico A. Moreno on 2/5/2024. (mmd) (Entered: 02/05/2024)
02/01/2024    203
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Receipt # AFLSDC-17261260 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 2/15/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 02/01/2024)
01/24/2024         Attorney Ana C Malave representing Trinidad, Diego (Plaintiff); Attorney Jorge Alejandro Mestre representing Trinidad, Diego (Plaintiff); Attorney Andres Rivero representing Trinidad, Diego (Plaintiff); Attorney Alan H. Rolnick representing Trinidad, Diego (Plaintiff); Attorney Manuel Vazquez representing Trinidad, Diego (Plaintiff) terminated. Per DE#202. (cqs) (Entered: 01/24/2024)
01/24/2024    202
ORDER granting 199 Motion to Withdraw as Attorney. Signed by Judge Federico A. Moreno on 1/23/2024. See attached document for full details. (mmd) (Entered: 01/24/2024)
01/23/2024    201
FINAL ORDER OF DISMISSAL AS TO BOOKING.COM, B.V. and BOOKING HOLDINGS, INC. Signed by Judge Federico A. Moreno on 1/22/2024. See attached document for full details. (mmd) (Entered: 01/23/2024)
01/11/2024    200
Defendant's NOTICE on Non-Opposition to Motion to Withdraw as Counsel for Plaintiff Diego Trinidad by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC re 199 MOTION to Withdraw as Attorney by Andres Rivero, Esq., Ana C. Malave, Esq., Alan H. Rolnick, Esq., Jorge Alejandro Mestre, Esq., and Manuel Vazquez, Esq. for / (Perez, Lorayne) (Entered: 01/11/2024)
12/28/2023    199
MOTION to Withdraw as Attorney by Andres Rivero, Esq., Ana C. Malave, Esq., Alan H. Rolnick, Esq., Jorge Alejandro Mestre, Esq., and Manuel Vazquez, Esq. for / by Diego Trinidad. Responses due by 1/11/2024 (Attachments: # 1 Exhibit Proposed Order)(Rivero, Andres) (Entered: 12/28/2023)
12/28/2023    198
STIPULATION of Dismissal Stipulation of Partial Voluntary Dismissal by Diego Trinidad, and Booking.com B.V. and Booking Holdings Inc. by Diego Trinidad (Rivero, Andres) (Entered: 12/28/2023)

MARIO ECHEVARRIA, ESTHER SANCHEZ, CONSUELO CUEVAS, AND CARMEN FLORIDO V. EXPEDIA, INC., TRIVAGO GMBLJ, A GERMAN LIMITED LIABILITY COMPANY, BOOKING.COM B.V., A DUTCH LIMITED LIABILITY COMPANY, GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE 1-5, AND MARIELA ROE 1-5, [1:19-cv-22620; Southern Florida District].  Lawsuit dismissed with leave to amend on 16 November 2020.  Settlement: Booking.com BV and Booking Holdings, Inc., dismissed as defendants on 22 January 2024 with plaintiff and defendant bearing its own fees and costs.

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Boies Schiller & Flexner (defendant)
Baker & McKenzie (defendant)
Scott Douglas & McConnico LLP (defendant)
Akerman LLP (defendant)
Actuate Law (defendant)

LINK: STIPULATION OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE (12/28/23)
LINK: FINAL ORDER OF DISMISSAL AS TO BOOKING.COM B.V. AND BOOKING HOLDINGS INC.

Date Filed    #    Docket Text
05/08/2024    210
RESPONSE in Opposition re 200 Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession filed by Mario Echevarria. Replies due by 5/15/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 05/08/2024)
05/07/2024    209
FINAL MEDIATION REPORT by Mediator Harry R. Schafer. Disposition: Case did not settle. Mediation held/partially held via video-conference. Filed by Harry Schafer.(Rivero, Andres) (Entered: 05/07/2024)
05/03/2024    208
Defendant's MOTION to Compel Production of Documents Responsive to Defendants' Second Set of Requests for Production by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 5/17/2024. (Attachments: # 1 Exhibit Exhibit A Email, # 2 Exhibit Exhibit B M Echevarria Depo Excerpts, # 3 Exhibit Exhibit C C. Davis (Florido) Depo Excerpts, # 4 Exhibit Exhibit D C Tuya (Cuevas) Depo Excerpts, # 5 Exhibit Exhibit E E Echevarria (Sanchez) Depo Excerpts, # 6 Exhibit Exhibit F Expedia (Accor) 2nd RFP, # 7 Exhibit Exhibit G P's Objs and Responses to Expedia's 2nd RFP (Accor))(Perez, Lorayne) (Entered: 05/03/2024)
05/02/2024    207
REPLY to Response to Motion re 198 Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives filed by Mario Echevarria. (Rivero, Andres) (Entered: 05/02/2024)
05/01/2024    206
RESPONSE to Motion re 205 Defendant's MOTION for Reconsideration re 195 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance filed by Mario Echevarria. Replies due by 5/8/2024. (Rivero, Andres) (Entered: 05/01/2024)
04/30/2024    205
Defendant's MOTION for Reconsideration re 195 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/30/2024)
04/26/2024    204
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response in Opposition to Plaintiff's Motion to Compel per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order) (Perez, Lorayne) (Entered: 04/26/2024)
04/26/2024    203
Defendant's NOTICE of Filing Unredacted Exhibit in Support of Their Motion to Compel by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC re 200 Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession (Attachments: # 1 Exhibit Ex. A - Exhibit F Echevarria, Julio 032624 Full Size) (Perez, Lorayne) (Entered: 04/26/2024)
04/26/2024    202
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response to Plaintiff's Motion to Compel (ECF No. 200) per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order) (Perez, Lorayne) (Entered: 04/26/2024)
04/25/2024    201
RESPONSE in Opposition re 198 Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives filed by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Replies due by 5/2/2024. (Attachments: # 1 Exhibit Exhibit A - Seal, # 2 Exhibit Exhibit B 2020-07-27 Expedia's Objs to 1st Set of RFA 4854-7200-3948 v.1, # 3 Exhibit Exhibit C - Seal, # 4 Exhibit Exhibit D 2020-06-25 Ps' 1st RFP to Expedia 4861-6000-0876 v.1, # 5 Exhibit Exhibit E 2020-06-25 Ps' 1st Set of ROGs to Expedia 4878-2101-0796 v.1, # 6 Exhibit Exhibit F 2020-06-25 Ps' 1st RFA to Expedia 4857-5741-3228 v.1, # 7 Exhibit Exhibit G 2020-07-27 Expedia's Resps and Objs to 1st RFP, # 8 Exhibit Exhibit H 2020-07-27 Expedia's Answers and Objs to 1st Set of ROGs 4893-6425-2524 v.1, # 9 Exhibit Exhibit I 2024-03-14 Expedia Defs Resps and Objs to 3rd RFP, # 10 Exhibit Exhibit J 2024-02-29 NOD Expedia Corp Rep, # 11 Exhibit Exhibit K 2024-03-04 Expedia-Echevarria (Accor) - Expedia Entities Objs and Resps to 30(b)(6) Notice, # 12 Exhibit Exhibit L - Seal, # 13 Exhibit Exhibit M - Seal)(Perez, Lorayne) (Entered: 04/25/2024)
04/24/2024    200
Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 5/8/2024. (Attachments: # 1 Exhibit Exhibit A 2024-03-13 P's Rule 26(a)(1) Supplemental Initial Disclosures, # 2 Exhibit Exhibit B 2024-03-19 Accor - Enrique Reboredo Subpoena, # 3 Exhibit Exhibit C SEALED, # 4 Exhibit Exhibit D 2024-01-25 Email, # 5 Exhibit Exhibit E 2024-03-14 Email, # 6 Exhibit Exhibit F SEALED, # 7 Exhibit Exhibit G 2024-01-08 Email, # 8 Exhibit Exhibit H Davis, Carmen 022224 Full Size, # 9 Exhibit Exhibit I 2024-03-13 Mario Echevarria's 3rd Amd Responses to 1st ROGs)(Perez, Lorayne) (Entered: 04/24/2024)
04/11/2024    199
RESPONSE in Support re 190 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/11/2024)
04/11/2024    198
Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives by Mario Echevarria. Responses due by 4/25/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivero, Andres) (Entered: 04/11/2024)
04/04/2024    197
REPLY to Response to Motion re 186 Plaintiff's MOTION to Compel Discovery responses filed by Mario Echevarria. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rivero, Andres) (Entered: 04/04/2024)
04/04/2024    196
RESPONSE to Motion re 190 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Mario Echevarria. Replies due by 4/11/2024. (Rivero, Andres) (Entered: 04/04/2024)
04/01/2024    195
ORDER OF CONTINUANCE AND ORDER REVISING PRETRIAL DEADLINES. Jury Trial is set for the two-week period commencing 10/21/2024 before Judge Federico A. Moreno. Calendar Call is set for 10/15/2024 at 02:00 PM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 4/1/2024. See attached document for full details. (jl00) (Entered: 04/01/2024)
03/29/2024    194
Defendant's MOTION to Seal Certain Exhibits in Support of Their Responses in Opposition to Plaintiff's Motion for Continuance and to Plaintiff's Motion to Compel per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order on Motion to File Under Seal) (Perez, Lorayne) (Entered: 03/29/2024)
03/29/2024    193
RESPONSE in Opposition re 186 Plaintiff's MOTION to Compel Discovery responses filed by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Replies due by 4/5/2024. (Attachments: # 1 Exhibit EXHIBIT A - proposed Sealed Exhibit, # 2 Exhibit Exhibit B 2020-07-27 Expedia's Objs to 1st Set of RFA 4854-7200-3948 v.1, # 3 Exhibit Exhibit C 2020-07-27 Hotels.com's Objs to 1st Set of RFA 4860-0887-4860 v.1, # 4 Exhibit Exhibit D 2020-07-27 Orbitz's Objs to 1st Set of RFA 4865-9607-7420 v.1, # 5 Exhibit EXHIBIT E - proposed Sealed Exhibit, # 6 Exhibit Exhibit F 2020-06-25 Ps' 1st RFP to Expedia 4861-6000-0876 v.1, # 7 Exhibit Exhibit G 2020-06-25 Ps' 1st Set of ROGs to Expedia 4878-2101-0796 v.1, # 8 Exhibit Exhibit H 2020-06-25 Ps' 1st RFA to Expedia 4857-5741-3228 v.1, # 9 Exhibit Exhibit I 2020-07-27 Expedia's Resps and Objs to 1st RFP 4869-9873-0604 v.1, # 10 Exhibit Exhibit J 2020-07-27 Expedia's Answers and Objs to 1st Set of ROGs 4893-6425-2524 v.1, # 11 Exhibit Exhibit K 2024-01-29 Email re Productions, # 12 Exhibit EXHIBIT L - proposed Sealed Exhibit, # 13 Exhibit EXHIBIT M - proposed Sealed Exhibit, # 14 Exhibit EXHIBIT N - proposed Sealed Exhibit, # 15 Exhibit EXHIBIT O - proposed Sealed Exhibit, # 16 Exhibit Exhibit Q Nov 30 2023 Email, # 17 Exhibit Exhibit R Pages from Echevarria, Julio 032624 Full Size, # 18 Exhibit Exhibit S 2024-02-29 NOD Expedia Corp Rep, # 19 Exhibit Exhibit T Pages from Ruth Barker CORRECTED 030624 FULL PDFA, # 20 Exhibit Exhibit U 2024-03-04 Expedia-Echevarria (Accor) - Expedia Entities Objs and Resps to 30(b)(6) Notice, # 21 Exhibit Exhibit V Pages from Echevarria, Esther 022324 Full Size)(Perez, Lorayne) (Entered: 03/29/2024)
03/28/2024    192
RESPONSE in Opposition re 187 Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date filed by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Replies due by 4/4/2024. (Attachments: # 1 Exhibit EXHIBIT A - proposed Sealed Exhibit, # 2 Exhibit EXHIBIT B - proposed Sealed Exhibit, # 3 Exhibit Exhibit C 2020-07-27 Expedia's Objs to 1st Set of RFA 4854-7200-3948 v.1, # 4 Exhibit Exhibit D 2020-07-27 Hotels.com's Objs to 1st Set of RFA 4860-0887-4860 v.1, # 5 Exhibit Exhibit E 2020-07-27 Orbitz's Objs to 1st Set of RFA 4865-9607-7420 v.1, # 6 Exhibit Exhibit F 2020-06-25 Ps' 1st RFP to Expedia 4861-6000-0876 v.1, # 7 Exhibit Exhibit G 2020-06-25 Ps' 1st Set of ROGs to Expedia 4878-2101-0796 v.1, # 8 Exhibit Exhibit H 2020-06-25 Ps' 1st RFA to Expedia 4857-5741-3228 v.1, # 9 Exhibit Exhibit I 2020-07-27 Expedia's Resps and Objs to 1st RFP 4869-9873-0604 v.1, # 10 Exhibit Exhibit J 2020-07-27 Expedia's Answers and Objs to 1st Set of ROGs 4893-6425-2524 v.1, # 11 Exhibit Exhibit K 2024-01-29 Email re Productions)(Perez, Lorayne) (Entered: 03/28/2024)
03/25/2024    191     PAPERLESS ORDER granting 189 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Santosh Aravind, Esq. of the law firm of Scott Douglass & McConnico LLP. Signed by Judge Federico A. Moreno on 3/25/2024. (mmd) (Entered: 03/25/2024)
03/21/2024    190
Defendant's MOTION to Compel Terms of Settlement with Booking Entities by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 4/4/2024. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Text of Proposed Order proposed Order)(Perez, Lorayne) (Entered: 03/21/2024)
03/20/2024    189
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17384429 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 4/3/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 03/20/2024)
03/15/2024    188
Defendant's NOTICE of Opposition to Plaintiff's Motion for Continuance and Intent to File a Response by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC re 187 Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date (Perez, Lorayne) (Entered: 03/15/2024)
03/14/2024    187
Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date by Mario Echevarria. Responses due by 3/28/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/14/2024)
03/14/2024    186
Plaintiff's MOTION to Compel Discovery responses by Mario Echevarria. Responses due by 3/28/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 03/14/2024)
02/27/2024    185     PAPERLESS ORDER granting 184 Joint Motion for Entry of Privilege Log Protocol. The Court approves the privilege log protocol attached to the parties' joint motion. Signed by Judge Federico A. Moreno on 2/27/2024. (mmd) (Entered: 02/27/2024)
02/23/2024    184
Joint MOTION for Entry of Privilege Log Protocol by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Exhibit Stipulated Privilege Log Protocol)(Perez, Lorayne) (Entered: 02/23/2024)
02/15/2024    183
ORDER granting 182 Joint Motion to Modify Scheduling Order. Trial remains set for the two-week period starting July 15, 2024. Signed by Judge Federico A. Moreno on 2/15/2024. See attached document for full details. (mmd) (Entered: 02/15/2024)
02/01/2024    182
Joint MOTION to Amend/Correct 179 Order on Motion to Amend/Correct Scheduling Order by Mario Echevarria. Responses due by 2/15/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 02/01/2024)
01/30/2024    181     PAPERLESS ORDER granting 180 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke, Esq. of the law firm Scott Douglass & McConnico, LLP as co-counsel for the Defendants Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, LLC, and Orbitz, LLC. Signed by Judge Federico A. Moreno on 1/30/2024. (mmd) (Entered: 01/30/2024)
01/26/2024    180
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Receipt # AFLSDC-17246082 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 2/9/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 01/26/2024)
01/24/2024    179
ORDER granting 177 Motion to Modify Scheduling Order. Trial remains set for the two-week period starting July 15, 2024. Signed by Judge Federico A. Moreno on 1/23/2024. See attached document for full details. (mmd) (Entered: 01/24/2024)
01/23/2024    178
FINAL ORDER OF DISMISSAL as to Booking Holdings Inc. and Booking.Com.B.V. Signed by Judge Federico A. Moreno on 1/22/2024. See attached document for full details. (mmd) (Entered: 01/23/2024)
01/17/2024    177
Joint MOTION to Amend/Correct 165 Scheduling Order,, to Modify Scheduling Order by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 1/31/2024. (Perez, Lorayne) (Entered: 01/17/2024)
12/28/2023    176
STIPULATION of Dismissal Stipulation of Voluntary Dismissal by Mario Echevarra, Consuelo Cuevas, Esther Sanchez, Carmen Florido, and Booking.com B.V. and Booking Holdings Inc. by Consuelo Cuevas, Mario Echevarria, Carmen Florido, Esther Sanchez (Rivero, Andres) (Entered: 12/28/2023)

MARIO ECHEVARRIA, ESTHER SANCHEZ, CONSUELO CUEVAS, AND CARMEN FLORIDO V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, LLC, ORBITZ, LLC, BOOKING.COM B.V., AND BOOKING HOLDINGS, INC.  Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22621; Southern Florida District].  Lawsuit dismissed with leave to amend on 16 November 2020.  Settlement: Booking.com BV and Booking Holdings, Inc., dismissed as defendants on 22 January 2024 with plaintiff and defendant bearing its own fees and costs.

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Carlos Antonio Rodriguez Law PLLC (plaintiff)
Boies Schiller Flexner LLP (defendant)
Baker & McKenzie, LLP (defendant)
Scott Douglass & McConnico LLP (defendant)
Actuate Law (defendant)
Akerman LLP (defendant)

LINK: STIPULATION OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE (12/28/23)
LINK: FINAL ORDER OF DISMISSAL AS TO BOOKING.COM B.V. AND BOOKING HOLDINGS INC.

Date Filed    #    Docket Text
05/09/2024    204     PAPERLESS ORDER granting 183 Motion for Leave to File Excess Pages in Reply Memorandum in support of Motion for Class Certification. Signed by Judge Federico A. Moreno on 5/9/2024. (mmd) (Entered: 05/09/2024)
05/08/2024    203
RESPONSE in Opposition re 192 Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession filed by Mario Echevarria. Replies due by 5/15/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 05/08/2024)
05/07/2024    202
FINAL MEDIATION REPORT by Mediator Harry Schafer. Disposition: Case did not settle. Mediation held/partially held via video-conference. Filed by Harry Schafer.(Rivero, Andres) (Entered: 05/07/2024)
05/06/2024    201
Plaintiff's MOTION to Consolidate Cases and for Leave to File Consolidated Amended Complaint by Mario Echevarria. Responses due by 5/20/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivero, Andres) (Entered: 05/06/2024)
05/03/2024    200
Defendant's MOTION to Compel Production of Documents Responsive to Defendants' Second Set of Requests for Production by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 5/17/2024. (Attachments: # 1 Exhibit Exhibit A Email, # 2 Exhibit Exhibit B M Echevarria Depo Excerpts, # 3 Exhibit Exhibit C C. Davis (Florido) Depo Excerpts, # 4 Exhibit Exhibit D C Tuya (Cuevas) Depo Excerpts, # 5 Exhibit Exhibit E E Echevarria (Sanchez) Depo Excerpts, # 6 Exhibit Exhibit F Expedia (Iberostar) 2nd RFP, # 7 Exhibit Exhibit G P's Objs and Responses to Expedia's 2nd RFP (Iberostar))(Perez, Lorayne) (Entered: 05/03/2024)
05/02/2024    199
REPLY to Response to Motion re 186 Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives filed by Mario Echevarria. (Rivero, Andres) (Entered: 05/02/2024)
05/01/2024    198
RESPONSE to Motion re 197 Defendant's MOTION for Reconsideration re 176 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance filed by Mario Echevarria. Replies due by 5/8/2024. (Rivero, Andres) (Entered: 05/01/2024)
04/30/2024    197
Defendant's MOTION for Reconsideration re 176 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/30/2024)
04/26/2024    196
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response in Opposition to Plaintiff's Motion to Compel [ECF No. 193] per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order) (Perez, Lorayne) (Entered: 04/26/2024)
04/26/2024    195
Defendant's NOTICE of Filing Unredacted Exhibit in Support of Their Motion to Compel by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC re 192 Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession (Attachments: # 1 Exhibit Ex. A - Exhibit F Echevarria, Julio 032624 Full Size) (Perez, Lorayne) (Entered: 04/26/2024)
04/26/2024    194
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response to Plaintiff's Motion to Compel (ECF No. 190) and to Their Motion to Compel (ECF No. 192) per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order) (Perez, Lorayne) (Entered: 04/26/2024)
04/25/2024    193
RESPONSE in Opposition re 186 Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 5/2/2024. (Attachments: # 1 Exhibit Exhibit A - Seal, # 2 Exhibit Exhibit B 2020-08-05 Expedia's Resp to P's 1st RFA, # 3 Exhibit Exhibit C - Seal, # 4 Exhibit Exhibit D - Seal, # 5 Exhibit Exhibit E 2020-06-26 1st RFP to Expedia, # 6 Exhibit Exhibit F 2020-06-26 1st ROGs to Expedia, # 7 Exhibit Exhibit G 2020-06-26 1st RFA to Expedia, # 8 Exhibit Exhibit H 2020-08-05 Expedia's Resp to P's 1st RFP, # 9 Exhibit Exhibit I 2020-08-05 Expedia's Obj to P's 1st ROGs, # 10 Exhibit Exhibit J 2024-03-14 Expedia Defs Resps and Objs to 3rd RFP, # 11 Exhibit Exhibit K 2024-02-28 P's NOD for Expedia Corp Rep, # 12 Exhibit Exhibit L 2024-03-04 Expedia-Echevarria (Iberostar) - Expedia Entities Objs and Resps to 30(b)(6) Notice, # 13 Exhibit Exhibit M - Seal, # 14 Exhibit Exhibit N - Seal)(Perez, Lorayne) (Entered: 04/25/2024)
04/24/2024    192
Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 5/8/2024. (Attachments: # 1 Exhibit Exhibit A 2023-03-13 P's Supp Rule 26a1 Disclosures, # 2 Exhibit Exhibit B 2024-03-19 Iberostar - Enrique Reboredo Subpoena, # 3 Exhibit Exhibit C SEALED, # 4 Exhibit Exhibit D 2024-01-25 Email, # 5 Exhibit Exhibit E 2024-03-14 Email, # 6 Exhibit Exhibit F SEALED, # 7 Exhibit Exhibit G 2024-01-08 Email, # 8 Exhibit Exhibit H Davis, Carmen 022224 Full Size, # 9 Exhibit Exhibit I 2023-03-13 P's 3rd Amended Responses to 1st ROGs)(Perez, Lorayne) (Entered: 04/24/2024)
04/22/2024    191
REPLY to Response to Motion re 177 MOTION to Compel To provide better responses to second request for production. filed by Mario Echevarria. (Rivero, Andres) (Entered: 04/22/2024)
04/15/2024    190
RESPONSE in Opposition re 177 MOTION to Compel To provide better responses to second request for production. filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 4/22/2024. (Attachments: # 1 Exhibit EXHIBIT A - EE-ECH2_00000004, # 2 Exhibit EXHIBIT B - EE-ECH2_00000043, # 3 Exhibit EXHIBIT C - proposed Sealed Exhibit)(Perez, Lorayne) (Entered: 04/15/2024)
04/12/2024    189     Clerk's Notice to Filer re 187 Response in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#188]. It is not necessary to refile this document. (ls) (Entered: 04/12/2024)
04/11/2024    188     REPLY to Response to Motion re 169 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (ls)(See Image at DE #187) (Entered: 04/12/2024)
04/11/2024    187
RESPONSE in Support re 169 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/11/2024)
04/11/2024    186
Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives by Mario Echevarria. Responses due by 4/25/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivero, Andres) (Entered: 04/11/2024)
04/10/2024    185
Plaintiff's REPLY to Response to Motion re 166 Plaintiff's MOTION to Certify Class filed by Mario Echevarria. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rivero, Andres) (Entered: 04/10/2024)
04/10/2024    184
Plaintiff's MOTION for Leave to File Under Seal Exhibits to the Reply in Support of his Motion for Partial Class Certification by Mario Echevarria. (Attachments: # 1 Exhibit 1)(Rivero, Andres) (Entered: 04/10/2024)
04/09/2024    183
MOTION for Leave to File Excess Pages by Mario Echevarria. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 04/09/2024)
04/05/2024    182
Unopposed MOTION for Extension of Time TO FILE REPLY IN SUPPORT OF MOTION FOR PARTIAL CLASS CERTIFICATION re 166 Plaintiff's MOTION to Certify Class by Mario Echevarria. Responses due by 4/19/2024. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rivero, Andres) (Entered: 04/05/2024)
04/04/2024    181
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response to Plaintiff's Motion for Partial Class Certification per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order on Motion to File Under Seal) (Perez, Lorayne) (Entered: 04/04/2024)
04/04/2024    180
REPLY to Response to Motion re 162 Plaintiff's MOTION to Compel Discovery responses filed by Mario Echevarria. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rivero, Andres) (Entered: 04/04/2024)
04/04/2024    179
RESPONSE to Motion re 169 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Mario Echevarria. Replies due by 4/11/2024. (Rivero, Andres) (Entered: 04/04/2024)
04/03/2024    178
RESPONSE in Opposition re 166 Plaintiff's MOTION to Certify Class filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 4/10/2024. (Attachments: # 1 Exhibit Exhibit A - Aravind Declaration, # 2 Exhibit Exhibit B - to be filed under seal, # 3 Exhibit Exhibit C - EE-ECH2_00000003 and 00000004, # 4 Exhibit Exhibit D - to be filed under seal, # 5 Exhibit Exhibit E - to be filed under seal, # 6 Exhibit Exhibit F - EE-ECH2_00000043, # 7 Exhibit Exhibit G - Coucke Excerpts, # 8 Exhibit Exhibit H - Echevarria, Mario Excerpts, # 9 Exhibit Exhibit I - Echevarria, Esther Excerpts, # 10 Exhibit Exhibit J - 2024-02-14 [Echevarria (Iberostar)] Ambar Diaz Report - Copy, # 11 Exhibit Exhibit K - PLAINTIFF PROD_000136, # 12 Exhibit Exhibit L - Angulo Declaration, # 13 Exhibit Exhibit M - to be filed under seal, # 14 Exhibit Exhibit N - to be filed under seal, # 15 Exhibit Exhibit O - to be filed under seal)(Perez, Lorayne) (Entered: 04/03/2024)
04/01/2024    177
MOTION to Compel To provide better responses to second request for production. by Mario Echevarria. Responses due by 4/15/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivero, Andres) (Entered: 04/01/2024)
04/01/2024    176
ORDER OF CONTINUANCE AND ORDER REVISING PRETRIAL DEADLINES. Jury Trial is set for the two-week period commencing 10/21/2024 before Judge Federico A. Moreno. Calendar Call is set for 10/15/2024 at 02:00 PM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 4/1/2024. See attached document for full details. (jl00) (Entered: 04/01/2024)
03/29/2024    175
Defendant's MOTION to Seal Certain Exhibits in Support of their Responses in Opposition to Plaintiff's Motion for Continuance and to Plaintiff's Motion to Compel per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order granting Defendants' Motion for Leave to File Under Seal Certain Exhibits) (Perez, Lorayne) (Entered: 03/29/2024)
03/29/2024    174
RESPONSE TO ORDER TO SHOW CAUSE re 167 Order to Show Cause, by Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, Orbitz, LLC. (Perez, Lorayne) (Entered: 03/29/2024)
03/28/2024    173
RESPONSE to Motion re 162 Plaintiff's MOTION to Compel Discovery responses filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 4/4/2024. (Attachments: # 1 Exhibit A -Proposed Sealed Doc, # 2 Exhibit Exhibit B 2020-08-05 Expedia's Resp to P's 1st RFA, # 3 Exhibit Exhibit C 2020-08-05 Hotels GP & LP's Resp to P's 1st RFA, # 4 Exhibit Exhibit D 2020-08-05 Orbitz's Obj to P's 1st RFA, # 5 Exhibit E - Proposed Sealed Doc, # 6 Exhibit F - Proposed Sealed Doc, # 7 Exhibit Exhibit G 2020-06-26 1st RFP to Expedia, # 8 Exhibit Exhibit H 2020-06-26 1st ROGs to Expedia, # 9 Exhibit Exhibit I 2020-06-26 1st RFA to Expedia, # 10 Exhibit Exhibit J 2020-08-05 Expedia's Resp to P's 1st RFP, # 11 Exhibit Exhibit K 2020-08-05 Expedia's Obj to P's 1st ROGs, # 12 Exhibit Exhibit L 2024-01-29 Email re Productions, # 13 Exhibit M - Proposed Sealed Doc, # 14 Exhibit N - Proposed Sealed Doc, # 15 Exhibit O - Proposed Sealed Doc, # 16 Exhibit P - Proposed Sealed Doc, # 17 Exhibit Exhibit R Nov 30 2023 Email, # 18 Exhibit Exhibit S Pages from Echevarria, Julio 032624 Full Size, # 19 Exhibit Exhibit T 2024-02-28 P's NOD for Expedia Corp Rep, # 20 Exhibit Exhibit U Pages from Ruth Barker CORRECTED 030624 FULL PDFA, # 21 Exhibit Exhibit V 2024-03-04 Expedia-Echevarria (Iberostar) - Expedia Entities Objs and Resps to 30(b)(6) Notice, # 22 Exhibit Exhibit W Pages from Echevarria, Esther 022324 Full Size, # 23 Exhibit Exhibit X 2024-03-19 Expedia-Echevarria (Iberostar) - Expedia Entities Amd 30(b)(6) Objs and Resps to 30(b)(6) Notice)(Perez, Lorayne) (Entered: 03/28/2024)
03/28/2024    172
RESPONSE in Opposition re 163 Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date filed by Expedia Group, Inc., Expedia Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 4/4/2024. (Attachments: # 1 Exhibit EXHIBIT A - proposed Sealed Exhibit, # 2 Exhibit EXHIBIT B - proposed Sealed Exhibit, # 3 Exhibit EXHIBIT C - proposed Sealed Exhibit, # 4 Exhibit Exhibit D 2020-08-05 Expedia's Resp to P's 1st RFA, # 5 Exhibit Exhibit E 2020-08-05 Hotels GP & LP's Resp to P's 1st RFA, # 6 Exhibit Exhibit F 2020-08-05 Orbitz's Obj to P's 1st RFA, # 7 Exhibit Exhibit G 2020-06-26 1st RFP to Expedia, # 8 Exhibit Exhibit H 2020-06-26 1st ROGs to Expedia, # 9 Exhibit Exhibit I 2020-06-26 1st RFA to Expedia, # 10 Exhibit Exhibit J 2020-08-05 Expedia's Resp to P's 1st RFP, # 11 Exhibit Exhibit K 2020-08-05 Expedia's Obj to P's 1st ROGs, # 12 Exhibit Exhibit L 2024-01-29 Email re Productions)(Perez, Lorayne) (Entered: 03/28/2024)
03/26/2024    171
RESPONSE TO ORDER TO SHOW CAUSE re 167 Order to Show Cause, by Mario Echevarria. (Rivero, Andres) (Entered: 03/26/2024)
03/25/2024    170     PAPERLESS ORDER granting 168 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Santosh Aravind. Esq. of the law firm Scott Douglass & McConnico, LLP. Signed by Judge Federico A. Moreno on 3/25/2024. (mmd) (Entered: 03/25/2024)
03/21/2024    169
Defendant's MOTION to Compel Terms of Settlement with Booking Entities by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 4/4/2024. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Text of Proposed Order proposed Order)(Perez, Lorayne) (Entered: 03/21/2024)
03/20/2024    168
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17384381 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 4/3/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 03/20/2024)
03/20/2024    167
ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DISMISS THIS CASE AND GRANT LEAVE TO AMEND COMPLAINT AND ANSWER IN CASE NO. 19-22620-CIV-MORENO TO INCLUDE THIS CAUSE OF ACTION. Show Cause Response due by 3/29/2024. Signed by Judge Federico A. Moreno on 3/20/2024. See attached document for full details. (mmd) (Entered: 03/20/2024)
03/20/2024    166
Plaintiff's MOTION to Certify Class by Mario Echevarria. Responses due by 4/3/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29)(Rivero, Andres) (Entered: 03/20/2024)
03/15/2024    165
Defendant's NOTICE of Opposition to Plaintiff's Motion for Continuance and Intent to File a Response by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC re 163 Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date (Perez, Lorayne) (Entered: 03/15/2024)
03/15/2024    164
Plaintiff's MOTION for Leave to File Under Seal Exhibits in Support of His Motion for Partial Class Certification by Mario Echevarria. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/15/2024)
03/14/2024    163
Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date by Mario Echevarria. Responses due by 3/28/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/14/2024)
03/14/2024    162
Plaintiff's MOTION to Compel Discovery responses by Mario Echevarria. Responses due by 3/28/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 03/14/2024)
02/27/2024    161     PAPERLESS ORDER granting 160 Joint Motion for Entry of Privilege Log Protocol. The Court approves the privilege log protocol attached to the parties' joint motion. Signed by Judge Federico A. Moreno on 2/27/2024. (mmd) (Entered: 02/27/2024)
02/23/2024    160
Joint MOTION for Entry of Privilege Log Protocol by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Exhibit Stipulated Privilege Log Protocol)(Perez, Lorayne) (Entered: 02/23/2024)
02/15/2024    159
ORDER granting 158 Joint Motion to Modify Scheduling Order. Trial remains set for the two-week period starting July 15, 2024. Signed by Judge Federico A. Moreno on 2/15/2024. See attached document for full details. (mmd) (Entered: 02/15/2024)
02/01/2024    158
Joint MOTION to Modify Scheduling Order re 155 Order on Motion to Amend/Correct Scheduling Order by Mario Echevarria. Responses due by 2/15/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) Modified text on 2/2/2024 (kpe). (Entered: 02/01/2024)
01/30/2024    157     PAPERLESS ORDER granting 156 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke, Esq. of the law firm of Scott Douglass & McConnico, LLP for appearance as co-counsel for Defendants Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, LLC, and Orbitz, LLC. Signed by Judge Federico A. Moreno on 1/30/2024. (mmd) (Entered: 01/30/2024)
01/26/2024    156
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Receipt # AFLSDC-17246171 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 2/9/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 01/26/2024)
01/24/2024    155
ORDER granting 153 Joint Motion to Modify Scheduling Order. Trial remains set for the two-week period starting July 15, 2024. Signed by Judge Federico A. Moreno on 1/23/2024. See attached document for full details. (mmd) (Entered: 01/24/2024)
01/23/2024    154
FINAL ORDER OF DISMISSAL as to Booking Holdings Inc. and Booking.Com.B.V. Signed by Judge Federico A. Moreno on 1/22/2024. See attached document for full details. (mmd) (Entered: 01/23/2024)
01/17/2024    153
Joint MOTION to Amend/Correct 145 Scheduling Order,, Modify Scheduling Order by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 1/31/2024. (Perez, Lorayne) (Entered: 01/17/2024)
12/28/2023    152
STIPULATION of Dismissal Stipulation of Partial Voluntary Dismissal by Mario Echevarria, and Booking.com B.V. and Booking Holdings Inc. by Mario Echevarria (Rivero, Andres) (Entered: 12/28/2023)

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC.  Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22619 Southern Florida District; 20-12407 11th Circuit Court of Appeals; Dismissed (11/27/23)]

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Baker & McKenzie, LLP (defendant)
Scott Douglass & McConnico (defendant)
Akerman (defendant)

LINK: JOINT MOTION FOR PARTIAL DISMISSAL (1/19/24)

12/28/2023     31  
8 pg, 208.08 KB    MOTION to voluntarily dismiss appeal filed by Mario Del Valle and Enrique Falla. Motion is Unopposed. [31] [23-12966] (ECF: Andres Rivero) [Entered: 12/28/2023 03:42 PM]
12/28/2023     32  
8 pg, 185.5 KB    MOTION to withdraw as counsel filed by Attorney Andres Rivero for Appellants Mario Del Valle, Enrique Falla and Angelo Pou. Motion is Unopposed [32] [23-12966] (ECF: Andres Rivero) [Entered: 12/28/2023 04:20 PM]
01/11/2024     33  
2 pg, 24.45 KB    ORDER: The motion to withdraw as counsel filed by Attorneys Andrés Rivero, Ana C. Malave, Alan H. Rolnick, Jorge Alejandro Mestre, Brandon Cruz, and Sylmarie Trujillo, of the law firm Rivero Mestre LLP, (together, “Rivero Mestre”) for the Appellant Angelo Pou is GRANTED. [32] BCG (See attached order for complete text) [Entered: 01/11/2024 12:50 PM]
01/17/2024     34  
69 pg, 459.27 KB    Appellees' Joint Brief filed by Appellees Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC, Booking.com B.V., and Booking Holdings, Inc. [23-12966] (ECF: David Shank) [Entered: 01/17/2024 04:41 PM]
01/19/2024     35  
3 pg, 112.67 KB    ORDER: The “Joint Motion for Partial Dismissal of Appellants Mario Del Valle and Enrique Falla,” requesting that Appellants Del Valle’s and Falla’s appeal as to Appellees Booking.com B.V., Booking Holdings Inc.’s (collectively, the “Booking Appellees”) be dismissed due to settlement, with the parties to bear their own attorney’s fees and costs, is GRANTED. The motion does not affect Appellant Angelo Pou’s appeal as to all Appellees and does not affect Del Valle’s and Falla’s appeal as to remaining Appellees Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, LLC, and Orbitz, LLC’s (collectively, the “Expedia Appellees”). [31] KCN and ALB (See attached order for complete text) [Entered: 01/19/2024 01:09 PM]
01/22/2024     36      Received 4 paper copies of EBrief, filed by Appellees Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC, Booking.com B.V., and Booking Holdings, Inc.. [Entered: 01/23/2024 02:32 PM]
01/24/2024     37  
288 pg, 8.86 MB    Supplemental Appendix [2 VOLUMES] filed by Appellees Expedia Group, Inc., Hotels.com GP, LLC and Hotels.com L.P.. [23-12966] (ECF: David Shank) [Entered: 01/24/2024 03:08 PM]
01/25/2024     38      Received paper copies of EAppendix filed by Appellees Expedia Group, Inc., Hotels.com GP, LLC and Hotels.com L.P.. 2 VOLUMES - 2 COPIES [Entered: 01/29/2024 11:43 AM]
02/07/2024     39  
41 pg, 382.38 KB    Reply Brief filed by Appellants Mario Del Valle and Enrique Falla. [23-12966] (ECF: Andres Rivero) [Entered: 02/07/2024 05:05 PM]
02/12/2024     40      Received 4 paper copies of EBrief, filed by Appellants Mario Del Valle and Enrique Falla. [Entered: 02/13/2024 03:07 PM]

Date Filed    #    Docket Text
11/27/2023    142     Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 138 Notice of Appeal, Appeal No. 23-12966-J. The entire record on appeal is available electronically. (apz) (Entered: 11/27/2023)
10/02/2023    141
WRIT OF CERTIORARI DENIED by US Supreme Court re 72 Notice of Appeal, filed by Enrique Falla, Angelo Pou, Mario Del Valle. USCA #20-12407-DD (jgo) (Entered: 10/10/2023)

WILLIAM H. CLAFLIN ET AL V. LAFARGEHOLCIM LTD; INVERSIONES IBERSUIZAS S.A.; HOLCIM TRADING SA (F/K/A) UNION MARITIMA INTERNACIONAL SA; DE RUITER OUDERLANDE B.V.; LAS PAILAS DE CEMENTO S.A.U.; and UNKNOWN SUBSIDIARY OF THE LAFARGEHOLCIM GROUP [1:20-cv-23787; Southern Florida District].  Settlement: 23 June 2021 with plaintiffs and defendants bearing its own fees and costs.

Berliner Corcoran & Rowe LLP (plaintiff)
Roig Lawyers (plaintiff)
Fields PLLC (plaintiff)
Roig, Tutan, Rosenberg, Martin & Bellido (plaintiff)
Wilkie, Farr & Gallagher (defendant)

LINK: ORDER CLOSING VASE AND DISMISSING WITH PREJUDICE (6/23/21)

Date Filed    #    Docket Text
06/24/2021    46
ORDER CLOSING CASE AND DISMISSING WITH PREJUDICE. Closing Case. Signed by Judge Aileen M. Cannon on 6/23/2021. See attached document for full details. (mee) (Entered: 06/25/2021)
06/22/2021    45
STIPULATION of Dismissal Joint Stipulation for Voluntary Dismissal with Prejudice by Elaine Y Alexander, Edward A Claflin, Patricia M Claflin, William H Claflin, Estate of Anne C Allen, Estate of Helen C Spring, Estate of John W Weeks, Estate of Prentice W Claflin, Josephine C Horan, Helen S Montero, Martha W Sinclair, John K Spring, Susan K Spring, William C Spring, David C Weeks, John W Weeks, Katharine C Weeks, Robert F Weeks, Sinclair Weeks, Stephen D Weeks, Katharine W White, David G. Witter, Dean Witter, Helen C Witter, Malcolm G Witter (Bellido, Nelson) (Entered: 06/22/2021)
06/21/2021    44     PAPERLESS ORDER striking 43 Plaintiffs' Stipulation of Dismissal With Prejudice. The Stipulation was not jointly signed by all parties who have appeared. On or before June 24, 2021, the parties either shall refile a Joint Stipulation of Dismissal that is signed by all parties who have appeared, or Plaintiffs shall file a Notice of Voluntary Dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Signed by Judge Aileen M. Cannon on 6/21/2021. (jrt) (Entered: 06/21/2021)
06/18/2021    43
(STRICKEN PER DE#44)STIPULATION of Dismissal with Prejudice by Elaine Y Alexander, Edward A Claflin, Patricia M Claflin, William H Claflin, Estate of Anne C Allen, Estate of Helen C Spring, Estate of John W Weeks, Estate of Prentice W Claflin, Josephine C Horan, Helen S Montero, Martha W Sinclair, John K Spring, Susan K Spring, William C Spring, David C Weeks, John W Weeks, Katharine C Weeks, Robert F Weeks, Sinclair Weeks, Stephen D Weeks, Katharine W White, David G. Witter, Dean Witter, Helen C Witter, Malcolm G Witter (Attachments: # 1 Text of Proposed Order)(Bellido, Nelson)Text Modified on 6/22/2021 (cqs). (Entered: 06/18/2021)

10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations

10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba.   

OFAC License Has A Term Of Two Years And Expires Soon.  Renewal Has Been Requested. 

10 May 2024 Marked Another Anniversary Of The Failure Of The Government Of The Republic Of Cuba To Issue Regulations Authorizing Investment And Financing Into A Private Company In Cuba… And The Delay Impacts All Countries, Not Only The United States. 

On 10 May 2022, the Biden-Harris Administration (2021- ), after an eleven-month inter-agency review process, directed the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury to issue the first license to a United States-based entity to deliver to the Republic of Cuba a direct investment in and provide direct financing to a Micro, small, and medium-sized enterprise (MSME) also known as a PYME (pequeñas y medianas empresas).  The OFAC license was valid for two years with an expiration date of 31 May 2024. 

The government of the Republic of Cuba reports more than 10,000 registered PYMEs in the Republic of Cuba, including some Republic of Cuba government-operated companies which have transformed into PYMEs.   

• With U.S. Government Authorization For First Direct Equity Investment Into A Private Company In Cuba, Here Is Important Context And Details.  About The Parties; About The Message. May 16, 2022      

• Biden-Harris Administration Approves First Equity Investment Since 1960 In A Private Cuban Company May 10, 2022   

• Biden Administration Will Use Cuba's Authorization Of SMSE's As Means To Expand Support For Cuba Private Sector- U.S. Investments And Loans May Be Next June 02, 2021    

The Biden-Harris Administration has also authorized the Bureau of Industry and Security (BIS) of the United States Department of Commerce to issue licenses to export vehicles (electric, hybrid, gasoline, diesel), motorcycles (electric, hybrid, gasoline, diesel), and scooters (electric, hybrid, gasoline, diesel) to MSMEs and to Republic of Cuba nationals. 

• Ten Months After Denial, Biden-Harris Administration Approves Exports Of Electric Motorcycles, Electric Scooters To Cuba Nationals And To Privately-Owned Companies In CubaOctober 05, 2022 

• First Tesla Model Y Vehicle Authorized By Biden-Harris Administration Scheduled For Delivery To A Cuban National. Maryland-Based Company Received First BIS License. November 30, 2023 

The Biden-Harris Administration has also authorized the OFAC and BIS to issue licenses, and to use general license procedures to encourage product and service engagement with MSMEs.  Since 2022, there has been a substantial increase in the export of agricultural commodities and food products from the United States to MSMEs along with a substantial increase in machinery and other products whereby MSMEs are assembling, manufacturing, and producing products for sale within the Republic of Cuba and for export from the Republic of Cuba. 

• List Of Every Product Exported From U.S. To Cuba In 2023. U.S. Ag Commodity/Food Exports Up 4.2%- Including US$5.4 Million In Coffee. US$24 Million To MSMEs Including US$8 Million In Vehicles. Feb 13, 2024   

Despite statements by officials of the government of the Republic of Cuba, the Biden-Harris Administration has provided substantive opportunities for individuals subject to United States jurisdiction and United States-based companies to re-engage and to engage with the re-emerging private sector within the Republic of Cuba.   

These opportunities are demonstrated resumption of some decisions taken during the Obama-Biden Administration (2009-2017), changes to some decisions taken during the Trump-Pence Administration (2017-2021), reversing one of its own licensing decisions (relating to the export of vehicles from the United States to the Republic of Cuba), issuing precedent-setting licenses from the OFAC and BIS, and expanding interpretive guidance for licensing (specific and general).  

The robustness and usefulness of these opportunities remain constrained due to the inability of the Biden-Harris Administration to better appreciate the needs of a re-emerging private sector in the Republic of Cuba and the needs of the private sector in the United States required to fulsomely engage with the re-emerging private sector in the Republic of Cuba.   

The opportunities are also constrained because the government of the Republic of Cuba refuses- now for more than three years, to institutionalize, meaning issue easy-to-use (meaning two-page document submitted to a bank in the Republic of Cuba) regulations authorizing a MSME to receive direct investment and direct financing from outside of the Republic of Cuba.   

The Biden-Harris Administration and Diaz-Canel-Valdes Mesa Administration have jointly adopted portions of the playbook from the Obama-Biden Administration which were the catalyst for enabling the carpet roll-up decisions by the Trump-Pence Administration.  There are two decisions which are the most important- thus most egregious. 

First, the government of the Republic of Cuba not yet publishing the regulations for a MSME to accept direct investment and direct financing from outside of the Republic of Cuba.  Two years and an MSME remains unable to cost-effectively, efficiently, officially, securely, and transparently receive a direct investment or receive legally direct financing from the United States- or from any country.  A MSME can (and many do) continue to receive funds unofficially- meaning in violation of laws, policies, and regulations in the Republic of Cuba and potentially in violation of regulations in place by the BIS and OFAC.  Until the government of the Republic of Cuba publishes regulations, interest by individuals subject to United States jurisdiction and United States-based companies will remain constrained, stunted, commercially constipated absent legal frameworks.  Why the delay by the government of the Republic of Cuba?  One theory is with the issuance of laws, policies, and regulations the process becomes institutionalized and thus more challenging to alter, criminalize, or rescind.  

• Russian Foreign Minister Lavrov Today Visits Cuba.  By Focusing Upon Expanding MSMEs, He Can Help Russia Make Money- And Help United States Capital Support MSMEs. Not A Perfect Alliance. Feb 18, 2024   

Second, the Biden-Harris Administration continually and inexplicably continues to grasp how requiring funds to be sent from the United States to the Republic of Cuba through a third country and requiring funds to be sent from the Republic of Cuba to the United States through a third country is detrimental to creating an efficient, normal, predictable, secure, and transparent commercial landscape.  When a United States-based investor or United States-based company learns from the OFAC and BIS that to be paid- whether for an investment, loan, product, or service, particularly when the values are small, a third-country financial institution must be engaged- and must receive a fee, the thermometer of interest will quickly plunge from warm to freezing.  There must be direct correspondent banking. 

• State Department, NSC, OFAC, BIS, USDA Don't Understand Requirements For Financial Plumbing To Function Efficiently.  They Excel In Creating, Maintaining, And Defending Clogs. May 16, 2023  

United States-based exporters increasingly report Republic of Cuba-based customers are seeking to finance purchases, particularly for durables, such as equipment and vehicles.  For a commercial environment which includes the ability of customers to finance a purchase, the value of that commercial market increases exponentially.  

However, the transaction costs are prohibitive when the amount of the payment (for example, monthly) is small- consider US$100.00.  As currently structured by the Biden-Harris Administration, that US$100.00 would need to originate with a Republic of Cuba-based financial institution.  Next, travel to a third-country-based financial institution.  Then travel from that third-country-based financial institution to the United States-based financial institution and into the account of the United States-based exporter.  The transaction fees for the three financial institutions involved in that US$100.00 transfer could be near, at, or more than the value of the US$100.00 transfer.   

Denver, Colorado-based Western Union Company (2023 revenue US$4.36 billion) does manage electronic remittance transfers from the United States to the Republic of Cuba.  However, the company does not permit commercial transfers.  Essential for the BIS, OFAC, and United States Department of State to create, until the preferred process of direct correspondent banking is authorized, a workable compliance regime within which Western Union would then process commercial transfers from the United States to the Republic of Cuba and from the Republic of Cuba to the United States.  The use of Western Union for commercial transactions is NOT a viable replacement for direct correspondent banking as Western Union transaction costs can be substantially higher. 

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

LINKS To Related Analyses 

Cuba Government Extols Role Of Private Companies- Now 13% Of Official GDP And 8% Of Imports. But, Three Years In And No Authorization For Investment And Financing. Why So Scared? Apr 19, 2024

U.S. To Cuba Exports Increased 10.6% In February. Up 27% Year-To-Year. Products Included Cigarettes, Tea, Apples, Construction Vehicles, Passenger Vehicles & Parts, Confectionery Machines. Apr 8, 2024

Academics Wrong, NGO’s Wrong.  Don’t Blame Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration For New Cuba Law. Commercial Malpractice- Easy Carpet Roll-Up Apr 6, 2024

Miel Factory In France Unveils New Cuba Honey Harvest- 7 EUR For 250 Grams Mar 20, 2024

OFAC Fines Switzerland-Based Company US$3,740,442.00 For Sanctions Violations, Including For Cuba. Potential Fine Was US$276,441,312.00 Mar 14, 2024

Time For A CRL/BOR List For MSME’s (PYMEs) In Cuba To Provide Confidence And Protection To United States Companies, Entrepreneurs, Financial Institutions, Sources Of Capital, And Suppliers. Mar 13, 2024  

Cuba’s Largest Source Of Tourists Issues Damaging Travel Advice To Its Citizens

Cuba’s Largest Source Of Tourists Issues Damaging Travel Advice 

Excerpts From 6 May 2024 “Cuba Travel Advice” Issued By Government Of Canada 

From the government of the Republic of Cuba: The primary sources of tourists in 2023 were “Canada (936,436 visitors), Cubans residing in other countries (358,481), Russia (184,819), the United States (159,032), Spain (89,285) and Germany (69,475).” 

“Theft from hotel rooms, particularly in private accommodations (casas particulares), and from cars is common.  Never leave belongings unattended in a vehicle, even in the trunk. 

Some businesses may try to charge exorbitant prices, namely taxis and classic car rentals. Disputes about overcharging may lead to violence. 

Some hustlers specialize in defrauding tourists. Most of them speak some English or French and go out of their way to appear friendly. They may offer to serve as tour guides or to facilitate the purchase of cigars. Some have used violence in their efforts to steal tourists. 

Fraudulent tour agents and taxi drivers also operate throughout the country, including at Havana’s international airport. Thefts of luggage from taxi trunks have occurred. 

In bars, sex workers, including minors, may be very persistent and intrusive with tourists who refuse their advances. Foreigners, including Canadians, have been the victim of theft after engaging in sexual relations, and some of them have faced child sex accusations.   

Cuba faces chronic and severe shortages of ‎basic necessities, including: food, bottled water, public water supply, medication, fuel, hard-currency.

Fuel shortages are currently critical and affect a wide range of services. Travelling across the island is extremely challenging. Public transportation services, including taxis, are often disrupted, leaving tourists with few options to travel. Some travellers have been temporarily stranded with a rental car. Intermittent shortages of tap water provided by municipalities happen, including in Havana and in resorts. 

Hotels and resorts, that often use generators during power outages, may not be able to maintain their services. Fuel shortages may also affect government services. 

Local authorities enforce the rationing of food and medications, which could also affect travellers.

Shortages may lead to disruptions to other essential services. There are often long line-ups at gas stations that have led to altercations. 

Women travelling alone may be subject to some forms of sexual harassment.  Incidents of sexual assault against Canadian women have occurred, including at beach resorts. 

The telecommunications network in Cuba is poor. Connections are unreliable and may be intermittent.  Some Canadian cell phones may not work, even in large cities. Internet access is limited across the island.” 

LINK: https://travel.gc.ca/destinations/cuba

Western Union Resumes Services To Cuba. Continues Prohibition For Commercial Use.

10 May 2024: DENVER–(BUSINESS WIRE)–Western Union, in coordination with its processing partner Orbit S.A., today announced the resumption of its service from the United States to Cuba, effective immediately.

With service reinstated, Western Union customers are now once again able to send money from any U.S. retail location, WesternUnion.com or the Western mobile app to close family in Cuba with bank and debit card accounts at the following banks in Cuba: Banco Popular de Ahorro, Banco Metropolitano S.A. and Banco de Credito y Comercio (Bandec).

“We understand our service is a crucial connection between those living in the U.S. and their family living in Cuba,” said Rodrigo Garcia Estebarena, President, Western Union North America and Latin America. “We are pleased to resume service to this vital corridor and provide essential money transfer services to those living on the island.”

Service Details

• Funds can be received into bank accounts and debit cards only. Service is limited to consumer money transfers only. United States customers can remit up to USD 2,000.00 per transaction by presenting valid government-issued identification.

• Money will be available for receipt the same day, including weekends and holidays.

• Service is available to receivers with Carnet de Identidad IDs and bank and/or debit card accounts at the following banks in Cuba: Banco Popular de Ahorro, Banco Metropolitano S.A. and Banco de Credito y Comercio (Bandec).

• Deposits to Freely Convertible Currency (MLC) accounts are available in U.S. dollars only.

About Western Union

The Western Union Company (NYSE: WU) is committed to helping people around the world who aspire to build financial futures for themselves, their loved ones, and their communities. Our leading cross-border, cross-currency money movement, payments and digital financial services empower consumers, businesses, financial institutions, and governments—across more than 200 countries and territories and in nearly 130 currencies—to connect with billions of bank accounts, millions of digital wallets and cards, and a global footprint of hundreds of thousands of retail locations. Our goal is to offer accessible financial services that help people and communities prosper. For more information, visit www.westernunion.com.

Cuba Received More Than US$20 Million In New And Used Vehicles (Including Motorcycles), Gas And Electric, And Parts, From The U.S. In Last Fifteen Months.

Vehicle Exports From The United States To The Republic Of Cuba

2024
(January through March)

Item/U.S. Dollar Value
Public-trnsprt Typ Pasgnr Veh, Only Electric Motor- 37,000.00
Pass Mtr Veh, Only Spark Ign Eng, Not Ov 1,000 cc- 11,920.00
Vehicles,nesoi,new,eng (1500 - 3000 cc) Le 4cyl- 27,400.00
Used Vehicles, Only Sk Ig (1500-3000 cc)- 13,575,731.00
Pass Veh,only Spk Ign >6 Cyl,>3000cc, New- 109,500.00
Pass Mtr Veh, Only Spark Ign, Gt 3000 cc, Used- 295,218.00
Passenger Motor Vehicles Only Electrc Moto- 55,400.00
Truck, Diesel Eng, Gvw (5 - 9 Metric Tons)- 15,000.00
Mot Veh For Trnsprt Of Goods, Gvw < 2.5 Met Tons- 88,280.00
Mot Veh For Trnsprt Of Goods, (2.5-5) Metric Tons- 32,000.00
Mot Veh For Trnsprt Of Goods, (5-9) Metric Tons- 23,100.00
Trucks Gvw Lt=5 Tons W/ Diesel Eng And Elec Motor- 37,500.00
Trucks Gvw Gt 20 Tons W/ Diesel Eng And Elec Motor- 123,300.00
Trucks/vehicles For The Transport Of Goods- 89,679.00
Special Purpose Vehicles- 184,927.00
Stampings Of Bumpers And Parts- 2,881.00
Brakes And Servo-brakes, parts- 3,066.00
Non-driving Axles And Parts For Tractors- 2,620.00
Road Wheels And Prts For Veh- 30,760.00
Works Trucks, Exc Elec, Operator Ride,w/o Lift Eqp- 12,500.00
Parts, Nesoi, Of Motorcycles (kg)- 25,811.00
Trailers And Semi-trailers- 10,000.00

2023
(January through December)

Item/U.S. Dollar Value
Used Tractors, Agrl Use, Pow Exceed 130kw- 147,247.00
Pass Motor Veh, Only Spark Ign Eng, (1000-1500 cc)- 85,735.00
Motor Homes, Only Sprk Ign Eng, (1500-3000 cc)- 186,500.00
Vehicles,nesoi,new,eng (1500 - 3000 cc) Le 4cyl- 357,442.00
Used Vehicles, Only Sk Ig (1500-3000 cc)- 4,994,049.00
Pass Mtr Veh, Only Spark Ign, Gt 3000 cc, Used- 301,114.00
Pass Veh,diesel Eng, Only Comp-ig1500-2500 cc, Used- 36,289.0
Ambulance, Hearse, Only Comp-ig, Diesel, Gt 2500cc- 78,590.00
Pass Veh,spk Ign/elec, Chrg Plug >4<6 Cyl,>3000cc- 50,369.00
Passenger Motor Vehicles- 1,965,572.00
Trucks, Nesoi, Diesel Eng, Gvw 5 Metric Tons & Und- 89,937.00
Truck, Diesel Eng, Gvw Gt 20 Metric Tons- 448,491.00
Mot Veh For Trnsprt Of Goods, (5-9) Metric Tons- 440,400.00
Bodies For Passenger Autos- 78,000.00
Stampings Of Bumpers And Parts- 6,524.00
Pts And Accessories,nesoi,of Bodies Hdg- 3,619.00
Road Wheels And Prts For Veh- 51,800.00
Clutches And Parts For Vehicles- 11,554.00
Parts And Accessories Nesoi,for Tractors- 19,682.00
Parts And Acessories For Vhcls- 217,613.00
Motocycles (incl Mopeds),pist,eng,cyl,not,exc 50cc- 100,000.00
Motorcycles, Cycl,excd 800 cc- 34,000.00
Invalid Carriages, Not Mechanically Propelled- 3,308.00
Trailers And Semi-trailers, Tranprt Goods- 48,000.00
Trailers And Semi-trailers- 41,560.00
Vehicles Not Mechanically Propelled- 7,231.00

LINK TO 2024 AND 2023 U.S.-CUBA VEHICLE EXPORT DATA