Trump Administration Issues Another Extension- Two Weeks... Could Negotiations With EU And Others Be Underway?

Today, the Trump Administration informed the United States Congress of its intention(s) for what-happens-next relating to the Cuban Liberty and Democratic Solidarity Act (Libertad Act) of 1996. 

The extension may be due to a coincidentally-timed visit this week to Washington DC by twenty-eight (28) foreign ministers representing the twenty-nine (29) members of the Brussels, Belgium-based North Atlantic Treaty Organization (NATO) for a recognition of the 70th anniversary of the organization.   

Some foreign ministers (including from Spain and Canada) reported using their meetings with officials of the United States government, including with The Honorable Mike Pompeo, United States Secretary of State, to share their opinions as to the implementation of provisions of the Libertad Act. 

This new two-week suspension and the previous thirty-day suspension should reasonably convey to the 5,913 certified claimants that the Trump Administration has participated in substantive negotiations and plans to continue substantive negotiations with governments, including with the Republic of Cuba, to provide for a prompt resolution for the certified claimants.  If the thirty-day suspension and two-week suspension have been to further determine what the Trump Administration should do absent of negotiations with governments including with the Republic of Cuba, then questionable as to the strategy of the Trump Administration: is the goal solving the problem or maintaining the problem?   

There has yet to be a formal public and private outreach by The White House and the United States Department of State to the largest (first and second equal 24% of the total and thirty equal 56% of the total) certified claimants to attend group meetings and individual meetings to discuss what the certified claimants believe to be meaningful methods to seek a prompt settlement.   

“For Immediate Release 

MEDIA NOTE

April 3, 2019 

Secretary Pompeo Extends For Two Weeks Title III Suspension with an Exception (LIBERTAD Act) 

Today, Secretary of State Michael R. Pompeo announced his decision to continue for two weeks, from April 18 through May 1, 2019, the current suspension with an exception of the right to bring an action under Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act.  The current suspension expires April 17.  The Secretary has reported to the appropriate Congressional committees that this determination is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.  Suspension does not apply to:  

The right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time. 

The Department continues to examine human rights conditions in Cuba, including ongoing repression of the rights of the Cuban people to free speech, free expression and free assembly.  The Department is also monitoring Cuba’s continued military, security, and intelligence support to Nicolas Maduro, who is responsible for repression, violence, and a man-made humanitarian crisis in  in Venezuela.  

We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.”   

This two-week extension of the 4 March 2019 partial (although there is debate as to whether it was partial) implementation of Title III of the Libertad Act should be cautiously viewed by opponents as Title III of the Libertad Act has been implemented and the use of Title IV of the Libertad Act is expected to become a focus of attention.   

There remains support within The White House and in the United States Congress for a Title III lawsuit to be filed, to be adjudicated, and for a plaintiff to receive monetary damages with Spain-based companies among the expected first targets.  There is a visceral need for an example to be established and the Trump Administration is patient and while what was announced on 4 March 2019 has yet to result in a legal filing, that does not mean that nothing will be filed. 

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

Title IV of the Libertad Act restricts entry into the United States by individuals who have connectivity to unresolved certified claims.  One company is currently subject to this provision. 

The Trump Administration’s decision on 4 March 2019 is not (yet) about creating an efficient timeline to negotiate a settlement with the Republic of Cuba for the 5,913 certified claims.   

The Trump Administration mantra is much about resolving what its predecessors failed to do; and the Trump Administration heralds its negotiating prowess.  To date, the mantra and the prowess are missing from the discussion- could The Honorable Donald J. Trump, President of the United States, not have been fully-briefed as to his options?  Negotiation is his preferred default position and thus far the Trump Administration has been devoid of negotiations (and negotiators) relating to the Republic of Cuba.    

LINK To Kushner/Greenblatt/Feinberg Certified Claims Settlement Proposal 

Press Releases: Secretary Enacts 30-Day Suspension of Title III (LIBERTAD Act) With an Exception

Media Note

Office of the Spokesperson

Washington, DC

March 4, 2019  

Today, Secretary Pompeo reported to the appropriate Congressional committees his determination that an additional suspension for 30 days through April 17, 2019, of the right to bring an action under Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba, with the below exception. Beginning March 19, suspension shall not apply to:  

The right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time. 

We will continue to study the impact of this suspension on the human rights situation in Cuba. The Cuba Restricted List identifies entities and sub-entities under the control of Cuban military, intelligence, or security services. These security services are directly responsible for the repression of the Cuban people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.