After Four Meetings In Brussels, Representatives Of EC, EU, and United States Have Not Discussed Cuba Despite EC Commitment To Do So
/United States Department of State
Washington DC
26 May 2021
Office of the Spokesperson
“U.S.-EU: Joint Press Release by the EEAS and Department of State on Consultations Between Deputy Secretary Wendy Sherman and Secretary General Stefano Sannino” The following is the text of a joint press release by the U.S. Department of State and the European External Action Service.
On May 26, Deputy Secretary of State Wendy Sherman and European External Action Service [EEAS] Secretary General Stefano Sannino met in Brussels to reaffirm the strength of the U.S.-EU [European Union] partnership on key foreign policy and security issues. They welcomed the upcoming EU-U.S. Summit taking place on 15 June as an important step in the revitalized transatlantic partnership. The two sides underscored the shared U.S.-EU interest in strengthening the rules-based international order and pledged further close cooperation in support of democratic values, global and regional stability, and universal human rights. They discussed a range of foreign policy issues of mutual concern, such as Russia, Ukraine, and Belarus, and the recent violence in Israel and the West Bank and Gaza. They exchanged views on the Eastern Mediterranean, Western Balkans, Afghanistan, Syria, Myanmar, the Indo-Pacific, Ethiopia, and Venezuela. They also underscored a shared interest in improving connectivity by supporting partners in setting up regulatory environments that are conducive to sustainable connectivity, as well as through quality infrastructure development and projects consistent with the highest transparency, digital, and green standards as part of their respective approaches to the Indo-Pacific region. They agreed to continue close consultations in view of possible joint approaches and actions by the EU and the U.S. that can bring about positive change.
Deputy Secretary Sherman and Secretary General Sannino held the first high-level meeting of the U.S.-EU dialogue on China. The two sides reiterated that the United States’ and EU’s relations with China are multifaceted and comprise elements of cooperation, competition, and systemic rivalry. They highlighted issues of shared concern, including ongoing human rights violations in Xinjiang and Tibet, the erosion of autonomy and democratic processes in Hong Kong, economic coercion, disinformation campaigns, and regional security issues, in particular the situation in the South China Sea. They discussed the importance of Taiwan’s meaningful participation in the work of international organizations, including World Health Organization forums and the World Health Assembly. They also discussed pursuing constructive engagement with China on issues such as climate change and non-proliferation, and on certain regional issues. The two sides decided to continue meetings in this dialogue at senior official and expert levels to discuss reciprocity, including economic issues; resilience; human rights; security; multilateralism; and engagement. The next high-level meeting will take place in winter 2021/2022.”
The text included reference to ten countries and additional geographical areas. Venezuela was listed. The Republic of Cuba was not listed. According to a representative of the European Commission (EC) there was no discussion of Republic of Cuba, including within the confines of the confirmed discussion about Venezuela. No discussion of the implementation by the Trump-Pence Administration (2017-2021) in May 2019 of Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”) and use of Title IV of the Libertad Act by the Biden-Harris Administration (2021- ).
EU-based defendants in Title III Libertad Act lawsuits total 2019 revenues were US$158 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. Madrid, Spain-based NH Hotel Group S.A. (2019 revenues approximately US$1.9 billion) was a defendant in a lawsuit, but the lawsuit was dismissed by the plaintiff.
Thus far, the EC, EU, and United States Department of State have confirmed that the Republic of Cuba has not been discussed during any meeting since 20 January 2021.
Background
EC/EU Interaction With United States Department Of State
15 February 2021- European Parliament (EP) Member Wrote About Cuba To EU High Representative for Foreign Affairs and Security Policy and Vice President of the EC Josep Borrell
24 March 2021- Secretary Of State Blinken Visits Brussels- Cuba Not Discussed
29 March 2021- Mr. Borrell Writes To EP Member He Would “Address” Cuba With Biden Administration
15 April 2021- One Year Since EU-Based Libertad Act Lawsuit Defendant Asked EC For Guidance
15 April 2021- Secretary Of State Blinken Visits Brussels- Cuba Not Discussed
4 May 2021- Secretary Of State Blinken Visits London, Meets Mr. Borrell- Cuba Not Discussed
26 May 2021- Deputy Secretary Of State Sherman Visits Brussels, Meets Mr. Stefano Sannino- Cuba Not Discussed
15 June 2021- President Biden Visit To Brussels For U.S.-EU Summit
On 29 March 2021, HRVP Borrell responded to an inquiry from Mr. Javier Moreno Sanchez, a member of the Strasbourg, France-based EP who is a member of the “Group of Friendship and Solidarity with the People of Cuba.” The response from HRVP Borrell was inaccurately publicized as an agreement by Mr. Borrell to “mediate” rather than “address” the issue with the United States:
“Dear Members of the European Parliament, Thank you for your letter of 15 February on the designation of Cuba as a state sponsor of terrorism by the previous US administration. As I have stated to Foreign Minister Rodriguez at the EU-Cuba Joint Council on 20 January, the EU rejects this designation. The decision taken by the previous US administration has no factual basis, given the positive role Cuba has played in the peace negotiations between the Colombian government and the National Liberation Army (Ejercito de Liberacion Nacional, ELN). The ELN members were in Cuba as part of the now aborted peace negotiations with the Colombian government, having travelled there at the request of the Colombian government for the negotiation process, which has had the full support of the EU. As I have indicated in my statement referred to above (1), this designation adds to the hardship caused to the Cuban people by the US embargo. In our contacts with the new US administration, we will address this issue and call on the US to lift this designation. Yours faithfully, Josep Borrell Fontelles”
Libertad Act
The Trump Administration has made operational Title III and further implemented 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.
Suspension History
Title III was suspended every six months since the Libertad Act was enacted in 1996- by President William J. Clinton (1993-2001), President George W. Bush (2001-2009), President Barack H. Obama (2009-2017) and through the first two years of President Donald J. Trump (2017-2021).
· On 16 January 2019, The Honorable Mike Pompeo, United States Secretary of State, reported a suspension for forty-five (45) days.
· On 4 March 2019, Secretary Pompeo reported a suspension for thirty (30) days.
· On 3 April 2019, Secretary Pompeo reported a further suspension for fourteen (14) days through 1 May 2019.
· On 17 April 2019, the Trump Administration reported that it would no longer suspend Title III.
· On 2 May 2019, certified claimants and non-certified claimants were permitted to file lawsuits in United States courts.
Certified Claims Background
There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the United States Foreign Claims Settlement Commission (USFCSC) and have not been resolved for nearing sixty years (some assets were officially confiscated in the 1960’s, some in the 1970’s and some in the 1990’s). The USFCSC permitted simple interest (not compound interest) of 6% per annum (approximately US$114,132,137.10); with the approximate current value of the 5,913 certified claims US$8.7 billion.
The first asset (along with 382 enterprises the same day) to be expropriated by the Republic of Cuba was an oil refinery on 6 August 1960 owned by White Plains, New York-based Texaco, Inc., now a subsidiary of San Ramon, California-based Chevron Corporation (USFCSC: CU-1331/CU-1332/CU-1333 valued at US$56,196,422.73).
From the certified claim filed by Texaco: “The Cuban corporation was intervened on June 29, 1960, pursuant to Resolution 188 of June 28, 1960, under Law 635 of 1959. Resolution 188 was promulgated by the Government of Cuba when the Cuban corporation assertedly refused to refine certain crude oil as assertedly provided under a 1938 law pertaining to combustible materials. Subsequently, this Cuban firm was listed as nationalized in Resolution 19 of August 6, 1960, pursuant to Cuban Law 851. The Commission finds, however, that the Cuban corporation was effectively intervened within the meaning of Title V of the Act by the Government of Cuba on June 29, 1960.”
The largest certified claim (Cuban Electric Company) valued at US$267,568,413.62 is controlled by Boca Raton, Florida-based Office Depot, Inc. The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International; the certified claim also includes land adjacent to the Jose Marti International Airport in Havana, Republic of Cuba. The third-largest certified claim valued at US$97,373,414.72 is controlled by New York, New York-based North American Sugar Industries, Inc. The smallest certified claim is by Sara W. Fishman in the amount of US$1.00 with reference to the Cuban-Venezuelan Oil Voting Trust.
The two (2) largest certified claims total US$449,377,207.76, representing 24% of the total value of the certified claims. Thirty (30) certified claimants hold 56% of the total value of the certified claims. This concentration of value creates an efficient pathway towards a settlement.
