What Has Happened/Not (Yet) Happened Since 17 December 2014
/What has the government of Cuba agreed to or done since 17 December 2014:
- Re-establish diplomatic relations
- Re-open its embassy in Washington, DC
- Authorize the re-opening of the United States Embassy in Havana
- Accepted removal from the List of State Sponsors of Terrorism (“Sanctions List”)
- Hosted an official (state) visit by President Barack Obama
- Hosted visits by four (4) members of the Obama Administration Cabinet: The Honorable John Kerry, United States Secretary of State; The Honorable Penny Pritzker, United States Secretary of Commerce; The Honorable Thomas Vilsack, United States Secretary of Agriculture; The Honorable Anthony Foxx, United States Department of Transportation
- Hosted a visit by The Honorable R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection
- Hosted a visit by The Honorable Thomas Wheeler, Chairman of the Federal Communications Commission
- More than seventy (70) representatives of the government of Cuba have visited the United States
- More than one hundred and forty (140) representatives of the United States government have visited Cuba
- Hosted for formal meeting more than 120 senior-level representatives of United States companies (more than 400 have visited and held individual meetings and non-official meetings)
- Continue to decrease food product/agricultural commodity purchases authorized by the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000; down 41% in 2015 compared to 2014; down 29% for 1st quarter of 2016
- Increase healthcare product purchases authorized by the Cuban Democracy Act (CDA) of 1992. Healthcare product exports (cash-only with verification requirements) permitted by the CDA increased 457% in 2015 compared with 2014
- Authorize a direct correspondent banking agreement by Banco Internacional de Comercio S.A. (BICSA) with Florida-based Stonegate Bank
- Authorize Stonegate Bank to issue a MasterCard-branded debit card and credit card for use in Cuba (10,800 current locations); with expansion in 2016 for use at ATM locations in Cuba
- Announced (but not implemented) a removal of the 10% surcharge for converting United States currency to CUC
- Authorize hospitality companies to contract with assets owned by the Revolutionary Armed Forces of the Republic of Cuba
- Authorize Starwood Hotels & Resorts Worldwide (being acquired by Marriott International) to manage three properties (rebranding one to a Four Points by Sheraton) in Cuba (Gran Caribe-owned Hotel Inglaterra; Habaguanex-owned Hotel Santa Isabel; Gaviota-owned Hotel Quinta Avenida)
- Authorize Marriott International to manage properties in Cuba
- Authorize California-based Google to install and operate a no-cost high-speed Internet-based product display and interactive location(s)
- Authorize booking.com (owned by New York-based The Priceline Group) to provide hotel reservations services for United States authorized travelers
- Authorize California-based Air bnb, Inc. to offer reservations throughout the world
- Authorize Cisco Systems to establish a no-cost Networking Academy in Havana
- Authorize Cuba government-operated Banco Popular de Ahorro to establish lines of credit up to US$400.00 for licensed independent businesses; but continue to prohibit the entities to import products directly, requiring purchases through government-operated companies
- Creating a uniform commercial code and mortgage regulations
- Authorize roaming agreements between Cuba government-operated ETECSA and New York-based Verizon Wireless, Kansas-based Sprint, Texas-based AT&T, Washington-based T-Mobile
- Increase Wi-Fi areas (parks and urban) for wireless Internet access
- Negotiate with Alabama-based Cleber LLC tractor warehouse/assembly facility in Mariel Special Development Zone. OFAC has authorized. 1st year investment US$1.4 million (which has been obtained according to the company); total investment US$5 million
- Purchased through Republic of Cuba government-operated Tecnotex (affiliated with the Revolutionary Armed Forces of the Republic of Cuba) advanced planting and harvesting equipment valued at US$108,184,00 from Foley, Alabama-based GulfWise LLC, affiliated with Foley, Alabama-based The Woerner Companies (2015 revenues exceeded US$40 million) for use by Republic of Cuba government-operated Indio Hatuey Research Station, a Matanzas, Republic of Cuba-based agricultural research institution
- Resumption of direct long-distance telephone service through an agreement between ETECSA and New Jersey-based IDT Corporation
- Negotiate the re-establishment of regularly-scheduled commercial airline service (Civil Aviation Agreement- CAA); Arrangement (US) & Memorandum of Understanding (Cuba) signed in December 2015; Arrangement signed February 2016
- Agree to a (limited) resumption of United States Postal Service operations
- Permit a substantial increase in visitors from United States visitors (charter flights, pleasure craft, general aviation aircraft, cruise lines, and third-country transit) and revenues from those visitors. United States visitors to Cuba (authorized, unauthorized, non-family), who have the highest net profit margin per person of any visitor to the country, increased 76.6% from approximately 92,000 in 2014 to 161,233 in 2015; and increased 93% in the 1st quarter of 2016 to 92,000 compared to 2015
- Continue to increase hotel room rates in the city of Havana; Paris, France-based AccorHotels has increased per night rates (with breakfast) at the Hotel Mercure Sevilla Habane from US$120.00 in November 2015 to US$180.00 in March 2016 and US$280.00 in November 2016
- Authorize Miami, Florida-based Carnival Cruise Line to operate itineraries
- The Ministry of Science, Technology, and Environment (CITMA) of the Republic of Cuba signed a Memorandum of Understanding (MOU) with the National Oceanic and Atmospheric Administration (NOAA) and the National Park Service (NPS). “The MOU aims to facilitate joint efforts concerning science, stewardship, and management related to Marine Protected Areas (MPAs). The MOU also includes a sister MPA program to foster conservation and understanding of natural marine resources in both countries, sharing technical and scientific data, and promoting education and outreach initiatives.”
- Signed a joint statement with the United States Department of State on environmental cooperation including coastal and marine protection, the protection of biodiversity including endangered and threatened species, climate change, disaster risk reduction, and marine pollution
- National Office of Hydrography and Geodesy (ONHG) signed a MOU with NOAA to improve maritime navigation safety and related areas of mutual interest to protect lives and property at sea
- Changed policy to permit individuals of Cuban descent to travel to the Republic of Cuba by authorized cruise ship
- The Ministry of Public Health of the Republic of Cuba signed a MOU with the United States Department of Health and Human Services
- Agreed to discussions regarding bilateral claims
What has the government of Cuba not (yet) agreed to or done since 17 December 2014:
- Authorize ferry services
- Authorize United States companies to export products directly to the 200+ categories of licensed independent businesses
- Authorize credit cards (although this has compliance issues for United States financial institutions; New York-based MasterCard has removed its “block” on credit cards issued by United States financial institutions using its brand). There are approximately 10,800 points of sale in Cuba
- Authorize any United States company to have an operational presence (including hiring Cuban nationals, obtaining office space, establish bank accounts)
- Authorize Florida-based Florida Produce of Hillsborough County to establish in Havana a distribution center for food products and agricultural commodities
- Authorize United States companies to engage in loan/lease programs to licensed independent businesses
- Purchase communications/telecommunications equipment, although there are security, pricing and sourcing reasons not to purchase the equipment or permit the provision of such services
- Respond in a timely manner to inquiries from United States companies
- Compensate certified claimants
What has the government of the United States agreed to or done since 17 December 2014:
- Re-establish diplomatic relations
- Re-open its embassy in Havana
- Authorize the re-opening of the Cuban Embassy in Washington
- Removed Cuba from the List of State Sponsors of Terrorism (“Sanctions List”)
- Visit to Cuba by President Barack Obama
- Dispatched four (4) members of the Cabinet to Cuba: The Honorable John Kerry, United States Secretary of State; The Honorable Penny Pritzker, United States Secretary of Commerce; The Honorable Thomas Vilsack, United States Secretary of Agriculture; The Honorable Anthony Foxx, United States Department of Transportation
- Dispatched The Honorable R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection to Cuba
- Dispatched The Honorable Thomas Wheeler, Chairman of the Federal Communications Commission to Cuba
- Included Maria Contreras-Sweet, Administrator of the Small Business Administration, in the Official Delegation visiting Cuba with President Obama
- Permitted more than one hundred forty (140) representatives of the United States government to visit Cuba
- Permitted more than seventy (70) representatives of the government of Cuba to visit the United States
- Remove or lessen most licensing requirements for authorized travel to Cuba
- Negotiate a Civil Aviation Agreement (CAA)-equivalent (“Arrangement”) and remove most impediments relating to commercial flight operations
- Agree to a (limited) resumption of United States Postal Service operations
- Remove some restrictions upon U.S. financial institutions
- Re-authorize direct correspondent banking agreements
- Re-authorize credit card and debit card usage
- Authorize hospitality companies to manage properties in Cuba
- Authorize hospitality companies to contract with assets owned by the Revolutionary Armed Forces of the Republic of Cuba
- Authorized Republic of Cuba government-operated Tecnotex (affiliated with the Revolutionary Armed Forces of the Republic of Cuba) to purchase advanced planting and harvesting equipment valued at approximately US$125,000.00 from Alabama-based Woerner Companies for use by Republic of Cuba government-operated Indio Hatuey, a Matanzas-based agricultural research institution
- Authorize Starwood Hotels & Resorts Worldwide (being acquired by Marriott International) to manage three properties (rebranding one to a Four Points by Sheraton) in Cuba (Gran Caribe-owned Hotel Inglaterra; Habaguanex-owned Hotel Santa Isabel; Gaviota-owned Hotel Quinta Avenida)
- Authorized Internet and telecommunications companies to install equipment in Cuba
- Authorize Marriott International to manage properties in Cuba
- Authorized booking.com (owned by New York-based The Priceline Group) to provide hotel reservations services for United States authorized travelers
- Authorize California-based Air bnb, Inc. to offer reservations throughout the world
- Authorize California-based Google to install and operate a no-cost high-speed Internet-based product display and interactive location(s)
- Authorize Cisco Systems to establish a no-cost Networking Academy in Havana
- Expanded the list of products that may be exports to Cuba and authorize payment terms for product exports to Cuba not subject to prohibitions by the CDA or TSREEA
- Removed limits on remittances to Cuba
- Authorized individuals and businesses to have bank accounts in Cuba
- Authorized the export to Cuba of 100% U.S.-origin products from third countries
- Authorized companies to establish offices in Cuba
- Authorize payments to Republic of Cuba nationals who work in the United States
- Changed the definition of the “cash in advance” provision of TSREEA from “cash before shipment” to cash before transfer of title and control”
- Authorize micro-financing projects
- Authorized financing (bank and third-party) and payment terms for selected authorized exports
- Expand the list of eligible products authorized for importation to the United States to include textiles and coffee
- Removed Cuba from the Exclusion List maintained by the International Bureau of the Federal Communications Commission
- Discuss the issue of claims
- Removed restrictions upon Cuba for the use of United States Dollars for international transactions
- US Coast Guard removed conditions of entry on vessels arriving from Cuba
- In selected instances, use an expansive, rather than constrictive interpretation of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, title IX, Public Law 106-387 [22 U.S.C. 7207(a)(1)] (TSRA)
What has the government of the United States not (yet) agreed to or done since 17 December 2014:
- Not authorized Republic of Cuba government-operated financial institutions to have correspondent bank accounts at United States-based financial institutions
- In all instances, use an expansive, rather than constrictive interpretation of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, title IX, Public Law 106-387 [22 U.S.C. 7207(a)(1)] (TSRA)