Whatever the Biden-Harris Administration (2021- ) decides to implement relating to the Republic of Cuba in terms of policy and regulations has and will either originate or need be approved by the National Security Council (NSC) at The White House.

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). Collectively, the EU has since 1996 opposed the Libertad Act.

Of all EU members, France with four of the ten Libertad Act defendants located in the EU has potentially the most to lose. Spain has three companies listed as defendants in Libertad Act lawsuits. Two members of the EU account for 70% of Libertad Act defendants with headquarters in the EU.

Opposition in 2021 by the EC/EU towards United States policy with the Republic of Cuba has been neither attentive nor intensive… and the Biden-Harris Administration knows it.

For 538 days, defendant Palma, Spain-based Grupo Iberostar (2019 revenue approximately US$2.6 billion) has awaited a response for legal guidance from the EC. LINK To Libertad Act Lawsuit Statistics

Since the Biden-Harris Administration commenced at 12:00 pm on 20 January 2021, published readouts of meetings and conversations by the President, Secretary of State, National Security Advisor, or any other official at The White House or United States Department of State with officials of the EC and members of the EU have not included the Republic of Cuba.

Today, Antony Blinken, United States Secretary of State, and Jose Manuel Albares, Minister of Foreign Affairs of Spain, met in Paris, France. From Minister Albares: “We share a common vision of several countries in Latin America. And I consider the United States the natural ally and partner of European Union, so nothing more evident than to be here talking to you today.” No mention of the Republic of Cuba despite three companies headquartered in Spain listed as defendants in Libertad Act lawsuits.

The White House
Washington DC
5 October 2021

Statement by NSC Spokesperson Emily Horne on Senior Administration Official Trip to Europe

“This week, National Security Advisor Jake Sullivan will travel to Zurich, Switzerland, Brussels, Belgium and Paris, France. In Zurich, Mr. Sullivan will meet with Chinese Communist Party Politburo Member and Director of the Office of the Foreign Affairs Commission Yang Jiechi. They will follow up on President Biden’s September 9 call with President Xi as we continue to seek to responsibly manage the competition between the United States and the People’s Republic of China. In Brussels and Paris, Mr. Sullivan will reaffirm the importance of the Transatlantic alliance and consult on a range of shared interests. He will also debrief his meeting with Director Yang to our European allies and partners. In Brussels, Mr. Sullivan will meet with NATO Allied National Security Advisors in the North Atlantic Council to discuss ongoing implementation of the June Summit decisions to modernize the Alliance and address a range of strategic challenges. While in Brussels, Mr. Sullivan will also meet with European Commission and European Council officials. He will be joined by Deputy National Security Advisor Daleep Singh for additional European Union meetings on trade, technology, and global economic issues. In Paris, Mr. Sullivan will meet with National Security Advisor Emmanuel Bonne as part of our ongoing consultations on shared bilateral and regional interests, including preparations for the meeting of President Biden and President Macron in Europe later this month.”

The Trump Administration on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”). To date, forty-two (42) lawsuits have been filed some of which have been dismissed, some of which have been revised, some of which have been refiled, some of which remain before trial judges, and some of which are at Courts of Appeals. 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. LINK To Lawsuit Statistics

Thus far, there are ten (10) EU-based defendants in Libertad Act Title III lawsuits filed since 2019 of which four (4) are headquartered in France and three (3) are headquartered in Spain.

EU-based defendants total 2019/2020 revenues were approximately US$170 Billion. EU-based defendants in Libertad Act Title III lawsuits include: Copenhagen, Denmark-based A.P. Moller-Maersk A/S (2019 revenue approximately US$39 billion); Paris, France-based BNP Paribas (2020 revenue approximately US$45 billion; assets approximately US$2.8 trillion); Amsterdam, Netherland-based Booking.com B.V. (2019 revenue approximately US$15 billion); Palma, Spain-based Iberostar Hoteles y Apartamentos S.L. (2019 revenue approximately US$2.6 billion); Palma, Spain-based Melia Hotels International S.A. (2019 revenue approximately US$2 billion); Paris, France-based Société Générale S.A. (2020 revenue approximately US$23 billion; assets approximtely US$1.6 trillion); Dusseldorf, Germany-based Trivago GmbH (2019 revenue approximately US$940 million); and Marseille, France-based CMA CGM S.A. (2020 revenue approximately US$31 billion). Additional lawsuits are expected to be filed. Madrid, Spain-based NH Hotel Group S.A. (2019 revenues approximately US$1.9 billion) and Paris, France-based Pernod Ricard S.A. (2020 revenue approximately US$9.3 billion) were defendants in lawsuits, but the lawsuits were dismissed by the plaintiff.

A diplomatic challenge for EC President Ursula von der Leyen and High Representative of the EU for Foreign Affairs and Security Policy and Vice President of the EC Josef Borrell. H.E. Dr. von der Leyen served in three cabinet positions and was the longest serving member of Federal Republic of Germany Chancellor Angela Merkel’s cabinet; and Libertad Act defendant Trivago GmbH is headquartered in Dusseldorf, Germany. HRVP Borrell Fontelles was Minister of Foreign Affairs, EU and Cooperation of the Kingdom of Spain; and Libertad Act defendants Melia Hotels International S.A., Iberostar Hoteles y Apartamentos S.L., and NH Hotel Group S.A. are headquartered in Spain.

Related Analyses

How Does CMA CGM Of France Know That European Commission (EC) Will Issue Decision For Libertad Act Lawsuits “in a much shorter period of time than with the prior applicants”? October 3, 2021

Not Yet Sued, World's Second-Largest Shipping Company Received Letter, Then Ceased Cuba Operations. Libertad Act As Tool Of Deterrence Worked. Biden Administration Negotiations With Cuba Preferred. October 3, 2021

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 September 26, 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

At U.S.-EU Summit Will Cuba Be Mentioned By President Biden, President Michel, Or President von der Leyen? Trajectory Suggests Not. How Does Borrell Square Statements With Action? June 14, 2021

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

EC/EU May Today Find End Of “Comity” By United States Courts. After One Year Waiting, EC/EU May Have Run Out Of Time. April 15, 2021

Second Visit In Three Weeks- U.S. Secretary Of State To Brussels. EC Writes It Will "Address" Cuba. Did Not Last Time. EU Defendants Waiting One Year For Guidance. April 13, 2021