Is Israel’s ZIM Shipping Servicing Cuba? Yes, 2016 To 2021. Unclear In 2022.
Was Simple To Obtain Shipping Information And Schedules In 2021.

Is ZIM Concerned? A.P. Moller-Maersk A/S, CMA CGM Group, Crowley Maritime Corporation, MSC Mediterranean Shipping Company SA, Seaboard Marine, Ltd. Defendants In Libertad Act Title III Lawsuits.

Haifa, Israel-based ZIM Integrated Shipping Services Ltd. (2021 revenues approximately US$9 billion) has provided services for the Republic of Cuba and from the United States to the Republic of Cuba including to Terminal de Contanedores de Mariel SA (TC Mariel).

No reference to the Republic of Cuba in the Zim Integrated Shipping Services Limited in 31 December 2019 Consolidated Financial Statements.
No reference to the Republic of Cuba in Form 20-F submitted on 21 March 2021 to the United States Securities And Exchange Commission (SEC).
Reference to the Republic of Cuba under the caption “Intra America & Caribbean” as CUX- Cuba Express on page eleven of the fifteen-page Zim Complete Sales Kit. LINK
Reference to the Republic of Cuba in the three-page ZIM World Trade Lines under the caption “Intra America & Caribbean” as CUX- Cuba Express on page two. LINK

In October 2016, the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury revised a regulation that prohibits unless authorized by the OFAC a vessel that visits the Republic of Cuba from entering a port in the United States within 180 days of its departure from the Republic of Cuba. Vessels originating from ports outside of the United States and transiting through the Republic of Cuba may use the 180-day rule revision provided the vessel does not load non-approved cargoes bound for the United States. ZIM Integrated Shipping Services Ltd provided service from the Port of Mobile. Alabama, and the Port of Mariel, Republic of Cuba.

On 30 December 2020, ZIM Integrated Shipping Services Ltd. filed with the United States Securities and Exchange Commission (SEC) a registration statement on Form F-1 for an Initial Public Offering (IPO) in the United States. The company expected to raise US$300 million to US$500 million providing the company with a market capitalization of US$1.5 billion. New York, New York-based Citigroup Inc., New York, New York-based Goldman Sachs & Co., LLC., and London, United Kingdom-based Barclays plc were global coordinators and New York, New York-based Jefferies Group LLC and Oslo, Norway-based Clarksons Platou Securities AS acted as joint bookrunners for the proposed offering.

Mr. Eyal Ofer, a member of the family that controls ZIM Integrated Shipping Services Ltd., has since 1995 served as a Director of Miami, Florida-based Royal Caribbean Group (2019 revenues US$10.9 billion). Ofer family members have been major shareholders of Royal Caribbean Group.

“Eyal M. Ofer has served as a director of the Company since May 1995. Mr. Ofer is a global maritime shipping and real estate business leader and philanthropist. As the Chairman of a multi-generational family group, Ofer Global, he leads a private portfolio of international businesses principally focused on shipping, real estate, energy, technology, banking and investments. Its interests span Europe, North America, the Near East, Australasia and South East Asia. Mr. Ofer heads Ofer Global’s various divisions, including: Zodiac Group, an international shipping enterprise operating a diversified fleet of over 160 vessels worldwide; Global Holdings Group, a real estate holding group specializing in large scale iconic office buildings, hotels and luxury residential developments, as well as other investment and development assets; and O.G. Tech Ventures, a single LP Venture Capital fund with a focus on Round A tech investments. Mr. Ofer also chairs the Eyal & Marilyn Ofer Family Foundation, a philanthropic foundation established for the charitable giving of his family in support of education and the arts.”

From the Royal Caribbean Group 2019 Form SEC 10-K filing: “On August 27, 2019, two lawsuits were filed against Royal Caribbean Cruises Ltd. in the U.S. District Court for the Southern District of Florida under Title III of the Cuban Liberty and Democratic Solidarity Act, also known as the Helms-Burton Act.”

“Libertad Act”

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”). 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. Thus far, forty-two (42) Title III lawsuits have been filed in jurisdictions throughout the United States. LINK To Libertad Act Lawsuit Statistics

Port Mariel

The Revolutionary Armed Forces (FAR) of the Republic of Cuba-controls Grupo de Administración Empresarial S.A. (GAESA), which has interests in the tourism, financial investment, import/export, and remittance sectors. The Special Development Zone of Mariel (ZEDM) is managed by Republic of Cuba government-operated Almacenes Universales S.A., a subsidiary of GAESA. Almacenes Universales S.A. focuses upon “professional, technical and skilled workers linked to logistics activities, warehousing, transportation and port activities.”

GAESA is on the State Department’s List of Restricted Entities and Subentities Associated with Cuba (“Cuba Restricted List” or “CRL”). The CRL is a list of entities and subentities “under the control of, or acting for or on behalf of, the Cuban military, intelligence, or security services or personnel with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba.” GAESA is on the List of Specially Designated Nationals and Blocked Persons by the OFAC pursuant to the Cuban Assets Control Regulations (CACR), 31 C.F.R. part 515.

Since 2013, vessels from the United States and other countries have been calling at TC Mariel, located approximately forty (road) miles from the city of Havana. TC Mariel is managed by Singapore-based PSA International Pte Ltd (2019 revenues approximately US$4 billion). The container terminal is within the 180-square-mile ZEDM. The facility has 2,300 feet of jetty and four quay cranes which can accommodate 13,000 TEU Neo-Panamax vessels.

Libertad Act Lawsuits Filed Against Shipping Companies For Using Port Mariel

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE; Plaintiffs, v. MSC MEDITERRANEAN SHIPPING COMPANY SA. [1:21-cv-23400; Florida Southern District]. Clerk Default Judgement Entered By Court On 1/25/22.

Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices Of John S. Gaebe P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
Arnold & Porter Kaye Scholer LLP (defendant)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON BLANCO, JR.; MAGDALENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE; Plaintiffs, v. CMA CGM S.A. (a/k/a CMA CGM THE FRENCH LINE; a/k/a CMA CGM GROUP); CMA CGM (AMERICA) LLC. [1:21-cv-22778; Southern Florida District]

Berliner Corcoran & Rowe LLP (plaintiff)
Horr, Novak & Skipp P.A. (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON DIAZ BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE VERSUS A.P. MOLLER-MAERSK A/S (a/k/a A.P. MOLLER-MAERSK GROUP); MAERSK A/S (a/k/a MAERSK LINE A/S); MAERSK, INC.; and MAERSK AGENCY U.S.A., INC [2:21-cv-00339; Eastern District of Louisiana].

Pusateri, Johnston, Guillot & Greenbaum, LLC (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. CROWLEY MARITIME CORPORATION, Defendant. [3:20-cv-01426 Middle District Florida; Transferred To Florida Southern District 1:21-cv-20443].

Murphy & Anderson, P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)
Horr, Novak & Skipp P.A. (plaintiff)
Venable LLP (defendant)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. SEABOARD MARINE, LTD., Defendant. [1:20-cv-25176; Southern Florida District].

Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices of John S. Gaebe (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields (plaintiff)
Barakat Law (plaintiff)
Morgan, Lewis & Bockius LLP (defendant)

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

LINKS To Previously-Published Analyses

Will Israel Shipping Company About To IPO In U.S. Become 33rd Libertad Act Lawsuit? Project For Jared Kushner? January 06, 2021

Journal of Commerce: Mariel port head outlines Cuba’s long-term shipping prospects September 05, 2016

Below As Of 6 February 2022