EC Foreign Affairs Chief Borrell Today Visits U.S. Secretary Of State Blinken In Washington. Based Upon Ten Months Of Previous Meetings, Cuba And Libertad Act Unlikely To Be On Agenda.

United States Department of State
Washington DC
14 October 2021

11:30 a.m. Secretary Blinken meets with European Union High Representative for Foreign Affairs and Security Policy and European Commission Vice-President Josep Borrell, at the Department of State. (POOLED CAMERA SPRAY AT TOP) This event will be livestreamed on https://www.youtube.com/user/statevideo.

The Brussels, Belgium-based European Commission (EC) manages the interests for the twenty-seven (27) country members of the Brussels, Belgium-based European Union (EU). Since March 1996, the EC has publicly opposed Title III and Title IV 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. Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  One Canada-based company and one Spain-based company are currently known to be subject to this provision based upon a certified claim and non-certified claim. 

In May 2019, the Trump-Pence Administration (2017-2021) made operational Title III of the Libertad Act. Thus far, of the forty-two (42) Title III lawsuits filed, ten (10) company defendants whose headquarters are in EU-member countries.  For 546 days, EU-based defendant Palma, Spain-based Grupo Iberostar (2019 revenue approximately US$2.5 billion) has awaited a response for legal guidance from the EC.  LINK To Libertad Act Lawsuit Statistics   

Despite response to a letter from a member of the Brussels, Belgium-based/Strasbourg, France-based European Parliament (EP) that he would discuss issues relating to the Republic of Cuba, since 20 January 2021 when the Biden-Harris Administration (2021- ) became operational, neither EU High Representative for Foreign Affairs and Security Policy and Vice President of the European Commission Josef Borrell nor United States Secretary of State Antony Blinken, nor any senior-level official of the EC or Biden-Harris Administration has confirmed that the Republic of Cuba and the Libertad Act have been included in subjects discussed during more than twelve meetings in nearing nine months.  

The absence of the Republic of Cuba as a subject reinforces that the Biden-Harris Administration has no overt interest in engaging issues relating to the Republic of Cuba- and will not be proactive in discussions with the EC.  And that the EC will not likely engage until it must- when a court renders a verdict against an EU-based defendant or an EU-based defendant seeks approval of a settlement with a plaintiff.  Delaying diplomatic unpleasantness until absolutely necessary so not to impact efforts and cooperation in areas of consequence.  

LINK: Report From The Commission To The European Parliament And The Council Relating To Article 7(A) Of Council Regulation (EC) No 2271/96 (‘Blocking Statute’) 

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US Subsidiary Requests 30-Day Court Delay In Libertad Act Lawsuit. Will US Court Approve? Other Requests Were From EU-Based Defendant Parent Companies. Iberostar Waiting 528 Days For EC Guidance September 27, 2021

European Commission (EC) Reports "Several" EU-Based "Persons and Companies" With Libertad Act Title III Engagement. Iberostar Of Spain Waiting 528 Days For EC Guidance 26 September 2021 

During United Nations Meetings, European Commission And United States Continue 2021 Theme For Cuba: Neither Party Wants To Discuss- So They Don’t. For EC, Title III Not As Important As Advertised 23 September 2021

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After Four Meetings In Brussels, Representatives Of EC, EU, and United States Have Not Discussed Cuba Despite EC Commitment To Do So May 26, 2021  

Third Meeting In Two Months- EU High Representative for Foreign Affairs Borrell Again Does Not Discuss Cuba With U.S. Secretary Of State Blinken. Confirms Cuba Not Important To EU-U.S. Relations. May 04, 2021 

EC Now Has To Decide What It Perhaps Doesn’t Want To Decide- Iberostar Of Spain Libertad Act Lawsuit Is First To Report U.S. Court Recognizing EC’s Interest In Title III Lawsuits April 26, 2020  

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