The Pathway For Biden To Change Trump Cuba Policies May Be Through Cuban Passports And COVID-19
/The Pathway For Biden To Change Trump Cuba Policies May Be Through Cuban Passports And COVID-19
The Trump Administration and [Miguel] Diaz-Canel Administration may have provided the Biden Administration with a basis to alter travel regulations and remittance transfer regulations.
One Quarantine Hotel Was Managed By Marriott Before Trump Administration Revoked Its License; Hotel Owned By Cuba Military Yet Not On State Department Restricted List
The impact of COVID-19 in 2020 and thus far in 2021 upon the Republic of Cuba continues to constrain individuals of Cuban descent residing in the United States from visiting their families and friends and from delivering efficiently remittances from the United States to the Republic of Cuba.
The Republic of Cuba is requiring all non-Cuban citizens to quarantine for five nights and six days in a designated “quarantine hotel.” LINK To Regulations LINK To Regulations (English Translation)
Thus far in 2021, the overwhelming majority of arrivals from the United States to the Republic of Cuba seeking to visit family and friends are individuals of Cuban descent possessing a United States passport and a passport issued by the Republic of Cuba. The Trump Administration restricted United States regularly-scheduled airlines to the Jose Marti International Airport (HAV) in Havana.
The OFAC maintains, in a view that some argue is extraerritorial, that so long as an individual is “subject to United States jurisdiction” the individual must adhere to all regulations impacting activities and transactions relating to the Republic of Cuba.
US Department of State
Washington DC
11 February 2021
“All U.S.-Cuban dual citizens should note that the Government of Cuba treats U.S. citizens born in Cuba as Cuban citizens and may subject them to a range of restrictions and obligations. The Cuban government requires U.S.-Cuban dual citizens who departed Cuba on or after January 1, 1971 to enter and depart Cuba using a Cuban passport. Using a Cuban passport for this purpose does not jeopardize one’s U.S. citizenship; however, such persons must use their U.S. passports to enter and depart the United States. Cuban-Americans who departed Cuba before January 1, 1971 may travel to Cuba on their U.S. passport but must apply for an HE-11 visa from the Cuban Embassy. Cuban authorities do not always notify the U.S. Embassy of the arrest of dual nationals and may deny U.S. consular officers access to them.”
Four Changes
1. The Biden Administration agrees on a temporary basis to permit individuals possessing a passport issued by the Republic of Cuba to be for the sole purpose of travel-related transactions to and within the Republic of Cuba, not subject to certain regulations issued by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and United States Department of State.
2. Travelers of Cuban descent possessing a passport issued by the Republic of Cuba would be permitted on a temporary basis to use certain hotels on the “List of Restricted Entities and Subentities Associated With Cuba maintained by the United States Department of State.
3. The United States Department of Transportation (DOT) would again authorize commercial airlines to service all airports in the Republic of Cuba provided all passengers possess a passport issued by the Republic of Cuba.
4. Denver, Colorado-based Western Union Company (2019 revenues approximately US$5.2 billion) would again be permitted, on a temporary basis, to operate money transfer services from the United States to the Republic of Cuba provided the sender presents a passport issued by the Republic of Cuba. Republic of Cuba government-operated Financiera Cimex (Fincimex), which had been the distribution partner in the Republic of Cuba for Western Union Company until prohibited by the Trump Administration in 2020, would again be licensed by the OFAC.
In 2020, The List of Restricted Entities and Subentities Associated With Cuba added Republic of Cuba government-operated American International Services (AIS) and Republic of Cuba government-operated Financiera Cimex (Fincimex), a Panama-registered subsidiary of Corporacion Cimex, a subsidiary of GAESA which is controlled by the FAR.
US Department of State
Washington DC
11 February 2021
Briefing With Mr. Ned Price:
REPORTER QUESTION: Can I follow on that, on Cuba? And this is a very specific question, so if you could – if you don’t have an answer, I understand, but if you could take it. And that is that you probably know that the Cuban Government has introduced COVID restrictions requiring people coming into the country to quarantine in hotels. Well, Americans and Cuban Americans are not allowed under – or they can, I suppose, but then they’re subject to Treasury penalties – to stay in almost all Cuban hotels. So as part of the review into the Cuba policy, is this something that you guys are looking at with an eye toward perhaps doing it more urgently than in other parts? Or are these people who are going in just SOL?
MR PRICE: You’re right. Let me take that question back. I think that our review of our approach to Cuba is very much ongoing. But let me take that question back and see if we have anything we can add.
Hotel Background
In 2016, the OFAC issued two licenses to Bethesda, Maryland-based Marriott International, Inc. (2019 revenues approximately US$21 billion) to manage two properties in the Republic of Cuba.
Both properties (one through Starwood Hotels and Resorts Worldwide LLC) were in the city of Havana, the 186-room Four Points by Sheraton Havana (employed approximately 125 Republic of Cuba citizens) and 83-room Hotel Inglaterra (delayed opening without public explanation from December 2016 to December 2017 to December 2019 to “sometime” in 2020).
The first (and only to be managed) was Hotel Quinta Avenida rebranded as Four Points Sheraton Havana.
Both properties were and remain owned Republic of Cuba government-operated Grupo de Turismo Gaviota S.A., a subentity of Grupo de Administracion Empresarial S.A. (Enterprise Management Group; GAESA) which is controlled by the controlled by the Revolutionary Armed Forces of the Republic of Cuba (FAR).
In June 2020, “Marriott International has been notified by the U.S. Department of Treasury that we must wind down our operation of the Four Points Sheraton [formerly Hotel Quinta Avenida] in Havana, Cuba by August 31 [2020], and that we will not be permitted to open other hotels in Cuba that have been in preparation. We entered the Cuban market in 2016, with permission from the U.S. government. Our operating license was reviewed and renewed in 2018. We have recently received notice that the government-issued license will not be renewed, forcing Marriott to cease operations in Cuba. Marriott continues to believe that Cuba is a destination that travelers, including Americans, want to visit. Marriott looks forward to reopening in Cuba if and when the US Government gives us permission to do business there again.”
A creation of the Trump Administration and managed by the United States Department of State: “List of Restricted Entities and Subentities Associated With Cuba contains entities and subentities controlled by the Cuban military, intelligence, and security services or personnel. Direct financial transactions with these entities and subentities are generally prohibited because they would disproportionately benefit those services or personnel at the expense of the Cuban people or private enterprise in Cuba.” An important note to the list is: “*** Entities or subentities owned or controlled by another entity or subentity on this list are not treated as restricted unless also specified by name on the list. ***” LINK: https://www.state.gov/cuba-sanctions/cuba-restricted-list/
The list effective 8 January 2021 includes most hotels located in the Republic of Cuba, but does not include the Hotel Quinta Avenida. The list includes “Holding Company” Gaviota S.A. which owns the Hotel Quinta Avenida. The list includes Fincimex, a subentity of Republic of Cuba government-operated Corporacion Cimex S.A., a subsidiary of GAESA which is controlled by the FAR.
Cuba Travel Services
Newport Beach, California
12 February 2021
Traveling to Cuba from the US
From January 10, 2021, travelers are required to present proof of a PCR test with negative results, taken in your departing country in the last 72 hours. It is recommended you bring two physical copies of your PCR test result with you.
In addition, Cuba requires all passengers to complete a PCR test upon arrival in Havana International Airport. The Cuba Sanitary Fee is $36.25 which includes a $6.25 processing fee.* Tickets booked after December 1, 2020 should have this included in the ticket price. Please check this with your airline. *American Airlines passengers that have purchased their tickets to Cuba from Miami prior to December 1, 2020, can process their Cuba Health Screening Fee online prior to departure.
All non-Cuban citizens who arrive in Cuba must quarantine for 5 nights and 6 days in a designated ‘Quarantine hotel’. Travelers are encouraged to purchase their Quarantine Hotel Package online prior to their departure date.
Traveling to the US from Cuba: Following a new CDC (Atlanta, Georgia-based Centers For Disease Control) order effective January 26, 2021, all air passengers arriving to the US from a foreign country are required to get tested for COVID-19 infection no more than 72 hours before their flight departure time. You are also required to provide proof of the negative result or documentation of having recovered from COVID-19 to the airline before boarding the flight. In addition, the CDC requires arriving air passengers to test 3-5 days after travel AND stay home for 7 days after travel. Even if you test negative, stay home for the full 7 days.
Quarantine Package
Starting February 6, 2021, all non-Cuban citizens who arrive in Cuba must quarantine for 5 nights and 6 days in a designated ‘Quarantine hotel’. You will be required to take a second PCR test on the 5th day before leaving your hotel.
Passengers are encouraged to purchase their Quarantine Hotel Package online prior to their departure date. Purchasing the hotel accommodations in advance of travel allows you to do so securely with a U.S. Credit Card and avoid any issues upon arrival with additional fees associated with alternative forms of payments or lack of options for payment as due to current health concerns regarding COVID hotels may not accept cash payments.
Currently travelers traveling from the United States may only stay at accommodations that are not included on the U.S. State Department prohibited accommodations or restricted entities list.
Hotel Quinta Avenida is one of the Cuban designated Quarantine Corridor Hotels and is not currently on one of the State Department lists of prohibited or restricted lists.
This Quarantine Hotel Package includes: 5 nights and 6 days stay at Quinta Avenida Habana Hotel; A set AP meal plan with breakfast, lunch, and dinner for the entirety of your 5-night stay*; One-way transfer from Jose Marti International Airport Terminal 3 to your designated hotel Quinta Avenida. Hotel Quinta Avenida is hotel is located in the west of Havana, Cuba, in the modern and popular Miramar residential area. The hotel sits overlooking the Ecological Park and the Caribbean Sea. *If you are vegetarian, please notify hotel staff upon check-in. A la carte items including alcoholic beverages are not included within this package. All meals will be brought up to the room.
Please note that this package is priced per person and an administration fee of $30.00 will be applied to each booking. This package is not refundable. Guests must isolate in their hotel room at all times. No visitors are allowed. Upon your arrival at Havana Airport, you will be required to take a PCR test of which you will receive the results during your stay at the hotel.
