53-Minute Meeting Between President Biden And EC President Von Der Leyen. Again, Nothing About Cuba Libertad Act Lawsuits. EC Won't React Until A U.S. Court Issues A Verdict & Damages Assessed.

The White House
Washington DC
10 November 2021

Readout of President Biden’s Meeting with European Commission President Ursula von der Leyen


President Joseph R. Biden, Jr. met today with European Commission President Ursula von der Leyen. They welcomed the revitalization of U.S.-EU ties, which has led to the resolution of long-standing trade differences as well as cooperation on ending the COVID-19 pandemic, fighting climate change, and investing in the infrastructure needs of the 21st century. The leaders addressed the humanitarian situation on the European Union’s border with Belarus and expressed deep concern about the irregular migration flows. They discussed our shared commitment to the sovereignty and territorial integrity of Ukraine. In addition, they expressed their continued support for political and economic stability in Northern Ireland.

The White House press office says the meeting started at 10:26 am [and ended at 11:19 am].

Participating in the President’s meeting with Her Excellency Ursula von der Leyen, President of the European Commission:

United States
The President
T.H. Jake Sullivan, Assistant to the President for National Security Affairs
T.H. Daleep Singh, Deputy Assistant to the President & Deputy National Security Advisor & Deputy NEC Director
T.H. Peter Harrell, Special Assistant to the President & Senior Director for International Economics & Competitiveness, NSC
T.H. Dr. Amanda Sloat, Special Assistant to the President & Senior Director for Europe, NSC
Ms. Kelly Adams-Smith, Chargé d’affaires, U.S. Mission to the European Union
Ms. Laura Hochla, Director for European Affairs, NSC

European Commission
H.E. Ursula Von der Leyen, President of the European Commission
Mr. Bjoern Seibert, Head of Cabinet
H.E. Stavros Lambrinidis, Ambassador, European Union Delegation
Mr. Fernando Andresen Guimaraes, Diplomatic Advisor
Mr. Eric Mamer, Chief Spokesperson
Ms. Dearbhla Doyle, Head of Political, Security and Development Section, European Union Delegation

Background

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’) 

Related Analyses 

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

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  

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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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Lost In Translation- EP Member & Media Report EC Will “mediate” With Biden Administration About Cuba On Terrorism List. Problem- EC Wrote “we will address this issue” April 02, 2021 

Confusing Message By EC/EU Not Including Libertad Act In Agendas For Meetings With Secretary Of State Blinken. Not As Important As Advertised? March 25, 2021  

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