Confusing Message By EC/EU Not Including Libertad Act In Agendas For Meetings With Secretary Of State Blinken. Not As Important As Advertised?
/On 24 March 2021, The Honorable Antony Blinken, United States Secretary of State, visited Brussels, Belgium, and held separate meetings with Brussels, Belgium-based European Commission (EC) President Ursula von der Leyen and Brussels, Belgium-based European Union (EU) High Representative for Foreign Affairs and Security Policy and European Commission Vice President Josep Borrell.
According to a spokesperson for the Brussels, Belgium-based European Union (EU): “In their meeting, the HRVP [Josep Borrell] and Secretary of State discussed Venezuela, and they agreed to work together in a coordinated approach. Cuba was not discussed on this occasion.”
The EU spokesperson did not confirm if the Republic of Cuba, Libertad Act and/or Venezuela was discussed during the meeting between President von der Leyen and United States Secretary of State Blinken. The subjects were not referenced in remarks by President von der Leyen and United States Secretary of State Blinken in advance of their meeting.
There is a possibility the Republic of Cuba and Libertad Act were discussed during meetings in Brussels between lower-level officials of the EC/EU and United States Department of State.
There is also a possibility the United States Department of State and EC/EU jointly agreed in advance to exclude the Republic of Cuba and Libertad Act from the official agendas; that the United States Department of State refused to include the Republic of Cuba and Libertad Act in the official agendas; and that the Republic of Cuba and Libertad Act were discussed outside of the official agendas.
What is known- despite statements from the EC/EU and member states of the EU that the Libertad Act remains since 1996 a material issue impacting the bilateral relationship with the United States; and since May 2019 when Title III of the Libertad Act was made operational by the Trump Administration nine EU-headquartered companies became defendants in lawsuits filed in the United States, the Libertad Act is not material enough to be included in the agenda for the first visit of the Biden Administration United States Secretary of State.
United States Department of State: “Secretary of State Antony J. Blinken will travel to Brussels, Belgium, from March 22-25 to attend the NATO Ministerial, engage with European Union leaders, and meet with Belgian officials. The meetings in Brussels reaffirm the United States’ commitment to our Allies and European partners on our shared agenda… In addition, the Secretary will meet with European Commission President Ursula von der Leyen and EU High Representative for Foreign Affairs and Security Policy and European Commission Vice President Josep Borrell to discuss Transatlantic goals to contain the COVID-19 pandemic, pursue a sustainable global economic recovery, tackle the climate crisis, and strengthen democracy.”
EU-based defendants total 2019 revenues were US$156 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 (2019 revenue approximately US$49 billion); 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 Pernod Ricard S.A. (2019 revenue approximately US$10.5 billion); Paris, France-based Société Générale S.A. (2019 revenue approximately US$27.4 billion); and Dusseldorf, Germany-based Trivago GmbH (2019 revenue approximately US$940 million). Additional lawsuits are expected to be filed.
A diplomatic challenge for President von der Leyen and Vice President Borrell. H.E. Dr. von der Leyen served in three cabinet positions and was the longest serving member of Chancellor Angela Merkel’s cabinet; and Libertad Act Title III defendant Trivago GmbH is headquartered in Dusseldorf, Germany. H.E. Josep Borrell was Minister of Foreign Affairs, EU and Cooperation of the Kingdom of Spain; and Libertad Act Title III defendants Melia Hotels International S.A. and Iberostar Hoteles y Apartamentos S.L. are both headquartered in Palma, Spain.
Thirty-six (36) Libertad Act Title III lawsuits have been filed in United States District Courts. Some of the lawsuits have since been appealed, consolidated, dismissed, refiled, reversed, and transferred within districts and from district to district. Some defendants have been dismissed, but the case continues with other defendants. LINK To Lawsuit Filing Statistics
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” and “Helms-Burton”). 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 (Toronto-based Sherritt International) and one Spain-based company (Melia Hotels International) are currently known to be subject to Title IV based upon a certified claim and non-certified claim.
Into the third month of the Biden Administration, the Republic of Cuba and Venezuela are rarely mentioned in official readouts of conversations by President Joseph Biden, Secretary of State Blinken, and Assistant to the President for National Security Affairs Jake Sullivan with other country leadership.
Ms. Jen Psaki, Assistant to the President and Press Secretary, and Mr. Ned Price, Spokesperson of the United States Department of State, generally reference the following- with the Libertad Act absent:
“First, support for democracy and human rights will be at the core of our efforts, because we believe it is the means to empower the Cuban people to determine their own future; and second, as we’ve said before, we also know that Americans, especially Cuban Americans, are in most cases the best ambassadors for freedom and prosperity in Cuba. We are committed to both of these principles. Our review is being animated by both of those principles. We have also committed – and you heard this from Secretary Blinken up on the Hill yesterday – to consult closely with members of Congress as we undertake this review. So it is not that – it is not that this is in any way on the back burner. It is something we’re looking at very closely, and as that review progresses, we’ll consult with members of Congress. And when we have something to share, we’ll let you know.”
“Well, we’ve talked about this a little bit in here before and nothing has really changed, but I’m happy to reiterate our policy. Our policy, as it relates to Cuba, will be governed by two principles: First, support for democracy and human rights will be at the core of our efforts through empowering the Cuban people to determine their own futures. Second, Americans, especially Cuban Americans, are the best ambassadors for freedom and prosperity in Cuba. A Cuba policy shift is not currently among President Biden's top priorities, but we are committed to making human rights a core pillar of our U.S. policy, and we're committed to carefully reviewing policy decisions made in the prior administration, including the decision to designate Cuba as a State Sponsor of Terrorism.”
The Biden Administration has four reviews underway relating to the Republic of Cuba: 1) comprehensive policy review led by the National Security Council (NSC) and United States Department of State with a focus upon what changes should be made to policies and regulations implemented during the Trump Administration (2017-2021) including whether to nominate a United States Ambassador to the Republic of Cuba 2) reviews led by the Central Intelligence Agency (CIA) and United States Department of State into the cause(s) of injuries to United States government employees in 2016/2017 while they were in the Republic of Cuba 3) whether to suspend again Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as the “Libertad Act”) and 4) whether to remove the Republic of Cuba from the State Sponsors of Terrorism List maintained by the United States Department of State.
Absent a crisis in the Republic of Cuba directly impacting the United States, there has been no demonstrated urgency for completing the four reviews.
