US Expected To Authorize Banks In Cuba To Have Correspondent Accounts With US Banks
/As a component to the continuing series of regulatory changes implemented by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, the Obama Administration is preparing to authorize Republic of Cuba government-operated financial institutions to have correspondent accounts with financial institutions located in the United States.
The purpose of the regulatory change is to further the efficiency of the commercial payment process for exports from the United States to the Republic of Cuba and for the transfer of funds related to travel by individuals subject to United States law to the Republic of Cuba, specifically United States-based air carriers that will commence regularly-scheduled flights to the Republic of Cuba in 2016.
There remains concern that funds contained in a bank account established in the United States by a Republic of Cuba government-operated bank (or other entity) could be subject to civil action by an individual with a claim against the government of the Republic of Cuba.
In 2015, Pompano Beach, Florida-based Stonegate Bank (2014 assets approximately US$2.3 billion) signed a Direct Correspondent Banking Agreement with Republic of Cuba government-operated Banco Internacional de Comercio SA (BICSA), a member of Republic of Cuba government-operated Grupo Nuevo Banca SA, created by Corporate Charter No. 49 on 29 October 1993 and commenced operation on 3 January 1994.
Stonegate Bank also provides commercial operating accounts for the Embassy of the Republic of Cuba in Washington, DC.
Statutes, and Regulations issued by the OFAC have required that transactions relating to commercial exports from the United States to the Republic of Cuba be subject to a triangular payment process.
The Republic of Cuba-based entity places an order with a United States-based company. The Republic of Cuba-based entity then either transfers funds from the Republic of Cuba to a third country financial institution or uses existing funds in a third country financial institution. The third country financial institution transfers the funds to a financial institution (either within the United States or another country) selected by the United States-based company. This process generally takes two to five days (if a weekend, for example) and there are transfer costs to the Republic of Cuba-based entity and United States-based company.
With the Stonegate Bank/BICSA Agreement, the Republic of Cuba-based entity would transfer funds (using SWIFT codes) from its account at BICSA directly to Stonegate or would use existing funds at the BICSA account at Stonegate. The funds would then be transferred from Stonegate to the financial institution selected by the United States-based company. The process generally can be confirmed during a business day; and the transfer costs are lower for both seller and buyer.
Hotel In Havana Has Issues; But How Staff Handles Them Shows Effort
/From A Guest...
Reserved a room for two nights at Hotel Mecure Sevilla Habane using the online site at www.accor.com. Euros 176.30 (approximately US$193.93) per night for two nights (Euros 340.72) including buffet breakfast each morning in VIP rooftop ballroom. CUC 184.11 per night for two nights (CUC 388.22). US$1.00 equals .873 CUC; US$100.00 equals 87.30 CUC.
In the United States, the appropriate value for the room (given the infrastructure condition) would be approximately US$120.00 per night. For comparison, the nearby Hotel Saratoga has a rack-rate of approximately US$500.00 per night, but offers the nearest guest experience to a five-star (based upon United States rating system) property.
Arrived to the hotel approximately 12:15 pm; check-in time is 2:00 pm. The property is managed by France-based Accor Hotels.
Representative at the front desk shared that every effort would be made to have the room promptly available; the hotel was sold-out the previous night so there were no rooms available for an early check-in. The guest retired to the lobby to have lunch (CUC 12.00)- tuna sandwich with a small salad and Cafe Cubano and bottled water. The meal was good and the service was prompt.
The Public Relations/Concierge, Pupo, confirmed dinner reservations for the guest.
Provided with a welcome glass of juice before going to the room. Room 802 was available at 2:00 pm; on 8th floor (of nine floors), corner with views of Morro Castle and Port of Havana.
Disappointment. Floor was dirty. The chain link locking mechanism on the door was broken. No laundry bag or laundry list document. Toilet was not flushed. No bathmat. No facial tissue. Did not see the television channel listing (although it was in the booklet describing hotel services; guest did not look for it). The room (and hotel) needs to be scrubbed and painted and polished.
The guest reasonably determined that in an effort to have the room available, the housekeeping staff was too hurried; a supervisor may have not given a final check of the room. It happens. The guest did not make mention of any of the issues to staff at the front desk.
The guest departed the room at 3:15 pm and returned to the room at 10:00 pm.
The next morning, guest left 5.00 CUC in an envelope on the bed for the housekeeper (as all guests should do). Breakfast was good with a varied selection of items; service was prompt. The guest departed the room at 9:00 am and returned to the room at 10:00 pm.
Upon entering the room:
There are matching rugs on each side of the bed. The booklet describing hotel services is open to the television listing and placed (upright so as to be visible) next to the television. There is a robe in the bathroom. Two packages of facial tissue. Two laundry bags are in the closet with a laundry list for each placed on the respective bag. Floor cleaned. Many bathroom small-bottle amenities- soap (liquid and bar), shampoo, conditioner, moisturizer. Door chain lock piece remained broken. Bed turned-down. Animal (with little wooden pieces for eyes) created from several towels is on the bed. A note written in English on paper cut in the shape of a heart with a "smiley face" reads:
"Good Evening. We hope you have enjoyed your stay in our hotel and we wish you a nice trip tomorrow. Come back soon. Your maids. Dranefa and Theresa."
The guest left 10.00 CUC in an envelope on the bed for the housekeepers the morning of departure.
Why should this matter?
The guest had made a list of the issues and placed it on the desk with other papers and items; not so the staff would see it, but so the issues could be addressed in a note to the manager (not posted on TripAdvisor) after departure.
The guest was prepared to be resigned to an example of a challenged tourism sector where consistency of quality suffers due to a Republic of Cuba government-operated company (Gran Caribe in this instance) which owns the property and, in this instance, a France-based company, Accor Hotels (which manages the property) earning significant revenues in convertible currencies, but making most payments to employees in substantially lack of value non-convertible Pesos. Thus, a lack of workforce incentives; pride from effort. The employees know what the guest pays in comparison to what they are paid.
But this instance was different..... In a positive way.
Did the housekeeping staff read the note? Do not know; not important really. What's important is with the exception of one issue (the lock), the other issues were addressed, and in a manner with grace, with style.
Upon check-out, a staff member at the front desk asked guest to please provide a review to TripAdvisor..... It would be a good review.
If President Castro Remains First Secretary Of The PCC, There Could Be Complications With Libertad Act Provision In 2018
/If President Raul Castro runs and is re-elected on 16 April 2016 to a five-year term as First Secretary of the Communist Party of the Republic of Cuba, there may be implications for 2016, 2017 and 2018 legislative initiatives in the United States Congress.
From Wikipedia: "The Communist Party of Cuba (Spanish: Partido Comunista de Cuba, PCC) is the only political party permitted to rule in the Republic of Cuba, although others exist. It is a Communist party of the Marxist-Leninist model. The Cuban constitution ascribes the role of the Party to be the "leading force of society and of the state." As of April 2011, the First Secretary of the Communist Party of Cuba is Raúl Castro, the President of Cuba, younger brother of the previous First Secretary and President of Cuba, Fidel Castro, and the Second Secretary is [85-year-old] José Ramón Machado Ventura."
The Communist Party of the Republic of Cuba will hold its Seventh Congress on 16 April 2016.
President Castro is scheduled to retire on 24 February 2018.
The Libertad Act (Helms-Burton) of 1996 has a provision that requires a government of the Republic of Cuba that does not include either (former president) Fidel Castro or Rail Castro as one of the conditions required for a normalization of the bilateral relationship. If President Castro retires as president, but remains First Secretary of the Communist Party of the Republic of Cuba, then there may be a question as to whether that provision of the Libertad Act would be no longer relevant.
Members of Congress supporting legislation to rescind the Cuban Democracy Act (CDA) of 1992, Libertad Act and Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, are expecting to use the retirement of President Castro and fulfillment of a provision of the Libertad Act as a means to obtain support from Members of Congress who may agree that there needs to be changes to statutes, but do not want to be perceived as "rewarding" the Castro brothers.
Will The Flag Poles Be Removed Before President Obama Arrives?
/The government of the Republic of Cuba had installed flag poles in front of the then-United States Interests Section in retaliation for an electronic informational banner installed around the structure by The Honorable James Cason, Chief of the United States Interests Section.
The black flags were eventually removed, but the immense flag poles remain, blocking the sight line of the now United States Embassy.
Will the government of the Republic of Cuba remove the flag poles prior to the visit of President Obama?
If not, perhaps the government of the Republic of Cuba desired to retain options should the renewed relationship incur a detour.... In the same manner which President Raul Castro continues to wear a military uniform- the war has not yet ended.
Playa Baracoa Military Airport May Be Used For White House Aircraft
/Given operational constrictions at Jose Marti International Airport in Havana, The White House may use the Playa Baracoa Military Airport to stage aircraft (including C-17s) which will transport two vehicles for President Obama ("The Beast"), United States Secret Service vehicles, White House Communications Agency (WACA) vehicles, emergency services (ambulance), helicopter (possible) and back-up Air Force One.
Playa Baracoa Airport (IATA: UPB, ICAO: MUPB) is a regional airport west of Havana managed by the Revolutionary Armed Forces of the Republic of Cuba and is the location of VIP aircraft and VIP charter operations managed by Revolutionary Armed Forces of the Republic of Cuba-controlled Gaviota. It is located in the village of Playa Baracoa, municipality of Caimito, Artemisa Province.
Restrictions Expected To Be Removed Upon Cuba's Use Of The US Dollar For International Transactions
/The Obama Administration has decided to remove most or all of the regulatory restrictions in place that restrict and in some instances prohibit the government of the Republic of Cuba from using the United States Dollar for international transactions.
The Obama Administration is moving towards an announcement before or during the visit by the President to the Republic of Cuba on 21/22 March 2016.
One immediate result will be the removal of the 10% special exchange fee imposed upon visitors to the Republic of Cuba who are changing United States Dollars to Convertible Pesos. This special exchange fee was imposed by the government of the Republic of Cuba for financial actions taken by the government of the United States.
As of 2 March 2016, a visitor exchanging US$100.00 at an airport, bank or hotel would receive CUC 87.30. NOTE: sometimes, the .30 is not provided, so important to ask for it; otherwise, an airport, bank or hotel keeps it- free money, unreported.
Without the 10% special exchange fee, a visitor exchanging US$100.00 at an airport, bank or hotel could be approximately CUC 97.30. A 3.3% exchange rate fee would still be too high.
For the government of the Republic of Cuba, the removal of restrictions upon the use of the United States Dollar for international transactions would have immediate value by lowering its costs of commercial engagement primarily as governments, financial institutions (including International Monetary Fund and World Bank) and companies would have fewer compliance issues and transactions would become less onerous.
The removal of the restrictions would, or should, also increase pressure upon the government of the Republic of Cuba to authorize at least some commercial engagement permitted under initiatives created by the Obama Administration in 2015 and in 2016.
If President Obama Throws Out The First Pitch... Who Will Catch It?
/On 22 March 2016, President Barack Obama will attend an exhibition game between the Tampa [Florida] Bay Rays and the National Team of the Republic of Cuba.
Will he throw out the first pitch? If so, will it be to the catcher of the Tampa Bay Rays or the catcher of the National Team?
For the Tampa Bay Rays, the choices will include: Curt Casali, Hank Conger, Luke Malle, Justin O'Connor, or Rene Rivera.
For the National Team, Yosvany Alarcon (from Las Tunas) or Fank Camilo Morejon (from Industriales).
Some Parallels Between President Obama's Baseball and President Nixon's Ping Pong
/Some Parallels Between President Obama’s Baseball and President Nixon’s Ping Pong
The exhibition game expected to be held on 22 March 2016 in the city of Havana between the Major League Baseball (MLB) team Tampa [Florida] Bay Rays, and the National Team of the Republic of Cuba, has symbolic routes and political overtones:
45 Years….
On 10 April 1971, the U.S. Table Tennis team visited the People’s Republic of China and then played in events which would become known as “ping pong diplomacy” as players from each country visited the other country. President Obama may attend a baseball game on the date that is approximately seventeen days short of the forty-fifth anniversary of the visit by the U.S. Table Tennis team to then-Peking (now Beijing).
44 Years…
President Obama’s visit the Republic of Cuba comes one month after the forty-fourth anniversary of the 21 February 1972 visit by President Richard Nixon to the People’s Republic of China.
NOTES:
The city of Tampa is seeking to be among the first grouping of locations for regularly-scheduled non-stop commercial airline service to the Republic of Cuba. The city of Tampa is also seeking to host a Consulate of the Government of the Republic of Cuba.
As of 2014, the areas within the United States with the highest number of individuals of Cuban descent are Miami-Fort Lauderdale-West Palm Beach, Florida (1.1 million); New York-Newark-Jersey City (146,000); Tampa-St. Petersburg-Clearwater, Florida (95,000); Los Angeles-Long Beach-Anaheim, California (50,000).
A Recess Appointment Of An Ambassador Could Coincide With President Obama's Visit To Cuba
/The United States Senate is scheduled to be in recess from 21 March 2016 to 1 April 2016, coinciding with the 21/22 March 2016 visit to the Republic of Cuba by President Barack Obama.
The President could, with the United States Senate in recess, make a recess appointment of Jeffrey DeLaurentis to be Ambassador of the United States to the Republic of Cuba. Thus, when President Obama disembarks Air Force One at Jose Marti International Airport, he would be met by his Ambassador.
The timing of the recess by the United States Senate would mean that the required documents would need be prepared and delivered to the United States Senate (if any) and government of the Republic of Cuba early on 21 March 2016 so that Charge D'Affaires DeLaurentis could present his credentials to either President Raul Castro or to Minister of Foreign Affairs Bruno Rodriguez before the arrival of President Obama to the Republic of Cuba.
The appointment would be valid until the end of the next session of the United States Congress.
If President Obama does not make a recess appointment by the date of his arrival in the Republic of Cuba, then he might make a recess appointment during the final days in office.
From the United States Department of State:
"Ambassador Jeffrey DeLaurentis, a career member of the Senior Foreign Service, is the Chief of Mission (Charge D'Affaires) at the U.S. Embassy in Havana, Cuba. Prior to taking up this position in August 2014, Ambassador DeLaurentis served for three years as the Alternate Representative for Special Political Affairs at the U.S. Mission to the United Nations. Prior to that posting, he was Deputy Assistant Secretary of State for the Bureau of Western Hemisphere Affairs.
Ambassador DeLaurentis was previously Minister Counselor for Political Affairs and Security Council Coordinator at the U.S. Mission to the United Nations. Since beginning his State Department career in 1991, Ambassador DeLaurentis has served in a number of overseas posts including twice before in Havana, first as consular officer in 1991-93, then as Political-Economic Section Chief from 1999-2002. He also served as Political Counselor at the U.S. Mission to the United Nations in Geneva, and Political Counselor at the U.S. Embassy in Bogota.
In Washington, Ambassador DeLaurentis served as Executive Assistant to the Under Secretary of State for Democracy and Global Affairs, Special Assistant to the Assistant Secretary of State for Western Hemisphere Affairs, Director of Inter-American Affairs at the National Security Council, and as an International Relations Officer in the Bureau of International Organizations. Prior to entering the Foreign Service, Ambassador DeLaurentis held a senior staff position at the Council on Foreign Relations. He is a graduate of the Georgetown University School of Foreign Service and Columbia University Graduate School of International and Public Affairs."
Some DOT Route Assignments Likely To Be Announced Before Or During President Obama's Visit TO Cuba
/Do not be surprised if the United States Department of Transportation announces in advance of or during the visit to Cuba by President Obama some of the route authorizations for United States-Cuba flights, specifically the non-Havana routes.
Expect Vice President Biden To Visit Cuba By The End Of 2016
/If the 21/22 March 2016 visit to the Republic of Cuba by President Barack Obama is considered to be a success by the Obama Administration, then expect a visit to the Republic of Cuba by Vice President Joe Biden towards the end of 2016.
The purpose of the visit would be for the Vice President to be the final advocate to the government of the Republic of Cuba for the implementation of whatever topics have been subject to negotiation- from resolution of the claims certified by the U.S. Foreign Claims Settlement Commission to seeking a greater commercial engagement for United States-based companies.
President Obama "Modifying And Continuing The National Emergency With Respect To Cuba And Continuing To Authorize The Regulation Of The Anchorage And Movement Of Vessels"
/THE WHITE HOUSE
Office of the Press Secretary
MODIFYING AND CONTINUING THE NATIONAL EMERGENCY WITH RESPECT TO CUBA AND CONTINUING TO AUTHORIZE
THE REGULATION OF THE ANCHORAGE AND MOVEMENT OF VESSELS
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
By the authority vested in me by the Constitution and the laws of the United States of America, in order to modify and continue the national emergency declared in Proclamation 6867 of March 1, 1996, and expanded by Proclamation 7757 ofFebruary 26, 2004, in light of the need to continue the national emergency based on a disturbance or threatened disturbance of the international relations of the United States related to Cuba, and,
WHEREAS the descriptions of the national emergency set forth in Proclamations 6867 and 7757 no longer reflect the international relations of the United States related to Cuba;
WHEREAS longstanding U.S. policy towards Cuba had, at times, tended to isolate the United States from regional and international partners, constrained our ability to influence outcomes throughout the Western Hemisphere, and impaired the use of the full range of tools available to the United States to promote positive change in Cuba;
WHEREAS the following descriptions accurately describe the national emergency with respect to Cuba;
WHEREAS the United States and Cuba reestablished diplomatic relations and opened embassies in each other's capitals on July 20, 2015, and the United States continues to pursue the progressive normalization of relations while aspiring towards a peaceful, prosperous, and democratic Cuba;
WHEREAS the United States has committed to work with the Government of Cuba on matters of mutual concern that advance U.S. national interests, such as migration, human rights, counter-narcotics, environmental protection, and trafficking in persons, among other issues;
WHEREAS the United States is committed to supporting safe, orderly, and legal migration from Cuba through the effective implementation of the 1994-95 U.S.-Cuba Migration Accords;
WHEREAS the Cuban economy is in a relatively weak state, contributing to an outflow of its nationals towards the United States and neighboring countries;
WHEREAS the overarching objective of U.S. policy is stability in the region, and the outflow of Cuban nationals may have a destabilizing effect on the United States and its neighboring countries;
WHEREAS it is United States policy that a mass migration from Cuba would endanger the security of the United Statesby posing a disturbance or threatened disturbance of the international relations of the United States;
WHEREAS the United States continues to maintain an embargo with respect to Cuba;
WHEREAS the unauthorized entry of vessels subject to the jurisdiction of the United States into Cuban territorial waters is in violation of U.S. law and contrary to U.S. policy;
WHEREAS the unauthorized entry of United States-registered vessels into Cuban territorial waters is detrimental to the foreign policy of the United States, and counter to the purpose of Executive Order 12807, which is to ensure, among other things, safe, orderly, and legal migration;
WHEREAS the possibility of large-scale unauthorized entries of United States-registered vessels would disturb the international relations of the United States by facilitating a possible mass migration of Cuban nationals;
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by the authority vested in me by
the Constitution and the laws of the United States of America, including section 1 of title II of Public Law 65-24, ch. 30, June 15, 1917, as amended (50 U.S.C. 191), sections 201, 202, and 301 of the National Emergencies Act (50 U.S.C. 1601
et seq.), and section 301 of title 3, United States Code, in order to modify the scope of the national emergency declared in Proclamations 6867 and 7757, and to secure the observance of the rights and obligations of the United States, hereby continue the national emergency with regard to Cuba as set forth above and authorize and direct the Secretary of Homeland Security
(the "Secretary") to make and issue such rules and regulations as the Secretary may find appropriate to regulate the anchorage and movement of vessels, and authorize and approve the Secretary's issuance of such rules and regulations, as authorized by the Act of June 15, 1917. Accordingly, I hereby direct:
Section 1. The Secretary may make rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, which may be used, or is susceptible of being used, for voyage into Cuban territorial waters and that may create unsafe conditions, or result in unauthorized transactions, and thereby threaten a disturbance of international relations. Any rule or regulation issued pursuant to this proclamation may be effective immediately upon issuance as such rule or regulation shall involve a foreign affairs function of the United States.
Sec. 2. The Secretary is authorized, to the extent consistent with international law, to inspect any vessel, foreign or domestic, in the territorial waters of the United States, at any time; to place guards on any such vessel; and, with my consent expressly hereby granted, take full possession and control of any such vessel and remove the officers and crew and all other persons not specifically authorized by the Secretary to go or remain on board the vessel when necessary to secure the rights and obligations of the United States.
Sec. 3. The Secretary may request assistance from such departments, agencies, officers, or instrumentalities of the United States as the Secretary deems necessary to carry outthe purposes of this proclamation. Such departments, agencies, officers, or instrumentalities shall, consistent with other provisions of law and to the extent practicable, provide requested assistance.
Sec. 4. The Secretary may seek assistance from State and local authorities in carrying out the purposes of this proclamation. Because State and local assistance may be essential for an effective response to this emergency, I urge all State and local officials to cooperate with Federal authorities and to take all actions within their lawful authority necessary to prevent the unauthorized departure of vessels intending to enter Cuban territorial waters.
Sec. 5. All powers and authorities delegated by this proclamation to the Secretary may be delegated by the Secretary to other officers and agents of the United States Government unless otherwise prohibited by law.
Sec. 6. Any provisions of Proclamation 6867 of March 1, 1996, and expanded by Proclamation 7757 of February 26, 2004, that are inconsistent with the provisions of this proclamation are superseded to the extent of such inconsistency.
Sec. 7. This proclamation shall be immediately transmitted to the Congress and published in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of February, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth.
BARACK OBAMA
What Better Example Of A Change In The Commercial Relationship With Cuba... President Obama Using A Debit/Credit Card While In Cuba
/Pompano Beach, Florida-based Stonegate Bank has a MasterCard branded Debit Card which is authorized for use throughout the Republic of Cuba.
If MasterCard and Visa credit cards are not yet operational within the Republic of Cuba by 21/22 March 2016, what better example of the changing commercial landscape than President Obama using a Debit Card for a transaction while visiting the Republic of Cuba.
29 Days Remain For Alabama & Florida Companies To Be Featured As Successes During President Obama's Visit To Cuba
/Alabama-based Cleber LLC
Florida-based Florida Produce of Hillsborough County
Since 17 December 2014, there are but two (2) announced efforts by United States-based companies to establish an operational commercial presence within the Republic of Cuba.
Neither is high-tech nor requires massive investment; significant that the principals in the respective efforts are not representing multi-national companies. They are not billionaires. Their engagement with the governments of the United States and Republic of the Cuba were from the bottom up, not top down. They are entrepreneurs. Each has employees of Cuban descent.
The first proposal is to assemble tractors at a leased warehouse located in the Special Development Zone in Mariel (ZED Mariel) using parts manufactured in the United States and then exported from the United States to the Republic of Cuba.
The second proposal is to distribute, from a leased 70,000 square foot warehouse in central Havana, food products and agricultural commodities grown, manufactured, processed, and distributed in the United States and then exported from the United States to the Republic of Cuba.
Each effort will employ Republic of Cuba nationals.
The Obama Administration has approved both proposals.
The first proposal has authorization from the government of the Republic of Cuba.
The second proposal does not yet have authorization from the government of the Republic of Cuba; it needs to be authorized by 21 March 2016. Both efforts need to be operational well before 20 January 2017.
In less than one month, Air Force One will land at Jose Marti International Airport in the city of Havana, Republic of Cuba, depositing President Barack Obama, his wife and children. They will be welcomed by President Raul Castro and his wife and children.
Under traditional conditions, when a president travels to a country, there are bilateral agreements to announce and commercial agreements at which to preside. This is not, by any measure, a traditional visit.
Both the Obama Administration and Castro Administration are seeking to maximize the value of the visit; and each are, sometimes independently of one another, attempting to identify and confirm agreements with each other and with large United States-based companies… seeking “sizzle with the steak.”
However, to use an accounting analogy, LIFO (Last in First Out) is neither a remedy nor strategy for the shifting of hypothetical to reality; from discussion to action. FIFO (First in First Out) is the paramount principle.
Important now, critical, is for the government of the Republic of Cuba to provide each of these companies with available facilities, even if such facilities might be temporary. Signage needs to be above the door, telephones need to be installed. Bank accounts need to be established.
Neither Cleber LLC nor Florida Produce of Hillsborough County will become operational in twenty-nine days. That’s not the point.
When President Obama arrives in Havana, he will have three hundred-and-five days remaining in his term in office. President Obama has implemented policies and regulations designed to support entrepreneurship and commercial re-engagement. President Castro has recognized that independent businesses may have an effective, but managed role in the economy; and that there is a role for United States companies.
It’s time. During the visit, President Castro has one opportunity to show President Obama what has been accomplished…. by two entrepreneurs, one from Alabama and the other from Florida, each with a vision, with a commitment… and each ready to go.
Why President Obama Is Restricted From Negotiating An End To Lease For Guantanamo
/Public Law No: 114-92 (11/25/2015)
The National Defense Authorization Act for Fiscal Year 2016
TITLE X--GENERAL PROVISIONS
Subtitle D--Counterterrorism
(Sec. 1036) Prohibits the use of funds to: (1) close or abandon Guantanamo, (2) relinquish control of Guantanamo to Cuba, or (3) implement a material modification to the 1934 Treaty Between the United States of America and Cuba that constructively closes Guantanamo.
This prohibition is generally construed to expire with the law at the beginning of the 2017 fiscal year.
Update.... What Have Cuba & United States Done/Not Done Since 17 December 2014
/What has the government of Cuba agreed to or done since December 2014:
· Re-establish diplomatic relations
· Re-open its embassy in Washington, DC
· Authorize the re-opening of the United States Embassy in Havana
· Accepted removal from the List of State Sponsors of Terrorism (“Sanctions List”)
· Agreed to host an official (state) visit by President Barack Obama
· Hosted visits by four (4) members of the Obama Administration Cabinet: The Honorable John Kerry, United States Secretary of State; The Honorable Penny Pritzker, United States Secretary of Commerce; The Honorable Thomas Vilsack, United States Secretary of Agriculture; The Honorable Anthony Foxx, United States Department of Transportation
· Hosted a visit by The Honorable R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection
· Hosted a visit by The Honorable Thomas Wheeler, Chairman of the Federal Communications Commission
· More than sixty (70) representatives of the government of Cuba have visited the United States
· More than seventy (130) representatives of the United States government have visited Cuba
· Hosted more than 120 senior-level representatives of United States companies visited Cuba (other estimates are more than 300)
· Continue to decrease food product/agricultural commodity purchases authorized by the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000; down 41% in 2015 compared to 2014
· Increase healthcare product purchases authorized by the Cuban Democracy Act (CDA) of 1992. Healthcare product exports (cash-only with verification requirements) permitted by the CDA increased 457% in 2015 compared with 2014
· Authorize a direct correspondent banking agreement by Banco Internacional de Comercio S.A. (BICSA) with Florida-based Stonegate Bank
· Authorize Stonegate Bank to issue a Debit MasterCard for use in Cuba (10,800 current locations); with expansion in 2016 for use at ATM locations in Cuba
· Authorize Cuba government-operated Banco Popular de Ahorro to establish lines of credit up to US$400.00 for licensed independent businesses; but continue to prohibit the entities to import products directly, requiring purchases through government-operated companies
· Creating a uniform commercial code and mortgage regulations
· Authorize roaming agreements between Cuba government-operated ETECSA and New York-based Verizon Wireless (indirect) & Kansas-based Sprint (direct)
· Increase Wi-Fi areas (parks and urban) for wireless Internet access
· Authorize Alabama-based Cleber LLC to have a tractor warehouse/assembly facility to be located in Mariel Special Development Zone. OFAC has authorized. Investment required for the first year is US$1.4 million (which has been obtained according to the company); total investment US$5 million
· Resumption of direct long-distance telephone service through an agreement between ETECSA and New Jersey-based IDT Corporation
· Not disrupt the in-country and out-of-country operations of California-based Airbnb
· Negotiate the re-establishment of regularly-scheduled commercial airline service (Civil Aviation Agreement- CAA); Arrangement (US) & Memorandum of Understanding (Cuba) signed in December 2015; Arrangement signed February 2016
· Agree to a (limited) resumption of United States Postal Service operations
· Permit a substantial revenue increase from United States visitors (charter flights, pleasure craft, general aviation aircraft, and third-country transit). In 2015, United States visitors to Cuba (authorized, unauthorized, non-family), who have the highest net profit margin per person of any visitor to the country, increased 76.6% to 161,000 (according to government of Cuba).
· The Ministry of Science, Technology, and Environment (CITMA) of the Republic of Cuba signed a Memorandum of Understanding (MOU) with the National Oceanic and Atmospheric Administration (NOAA) and the National Park Service (NPS). “The MOU aims to facilitate joint efforts concerning science, stewardship, and management related to Marine Protected Areas (MPAs). The MOU also includes a sister MPA program to foster conservation and understanding of natural marine resources in both countries, sharing technical and scientific data, and promoting education and outreach initiatives.”
· Signed a joint statement with the United States Department of State on environmental cooperation including coastal and marine protection, the protection of biodiversity including endangered and threatened species, climate change, disaster risk reduction, and marine pollution.
· Agreed to discussions regarding bilateral claims
What has the government of Cuba not (or perhaps not yet) agreed to or done since December 2014:
· Authorize ferry services
· Authorize United States companies to export products directly to the 200+ categories of licensed independent businesses
· Authorize credit cards (although this has compliance issues for United States financial institutions; New York-based MasterCard has removed its “block” on credit cards issued by United States financial institutions using its brand). There are approximately 10,800 points of sale in Cuba
· Authorize United States companies (non-manufacturing/assembly) to have an operational presence (including hiring Cuban nationals, obtaining office space, establish bank accounts)
· Authorize United States companies to engage in loan/lease programs to licensed independent businesses
· Confirm itineraries for all commercial vessels operating people-to-people programs
· Purchase communications/telecommunications equipment or permit the provision of internet services (California-based Google & Facebook), although there are security, pricing and sourcing reasons not to purchase the equipment or permit the provision of such services
· Respond in a timely manner to inquiries from United States companies
· Compensate certified claimants
What has the government of the United States agreed to or done since December 2014:
· Re-establish diplomatic relations
· Re-open its embassy in Havana
· Authorize the re-opening of the Cuban Embassy in Washington
· Removed Cuba from the List of State Sponsors of Terrorism (“Sanctions List”)
· Agreed to a visit to Cuba by President Barack Obama
· Dispatched four (4) members of the Cabinet to Cuba: The Honorable John Kerry, United States Secretary of State; The Honorable Penny Pritzker, United States Secretary of Commerce; The Honorable Thomas Vilsack, United States Secretary of Agriculture; The Honorable Anthony Foxx, United States Department of Transportation
· Dispatched The Honorable R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection to Cuba
· Dispatched The Honorable Thomas Wheeler, Chairman of the Federal Communications Commission to Cuba
· Permitted more than seventy (70) representatives of the United States government to visit Cuba
· Permitted more than sixty (60) representatives of the government of Cuba to visit the United States
· Remove or lessen most licensing requirements for authorized travel to Cuba
· Negotiate a Civil Aviation Agreement (CAA)-equivalent (“Arrangement”) and remove most impediments relating to commercial flight operations
· Agree to a (limited) resumption of United States Postal Service operations
· Remove some restrictions upon U.S. financial institutions
· Re-authorize direct correspondent banking agreements
· Re-authorize credit card and debit card usage
· Expanded the list of products that may be exported to Cuba and authorize payment terms for product exports to Cuba not subject to prohibitions by the CDA and TSREEA
· Removed limits on remittances to Cuba
· Authorized individuals and businesses to have bank accounts in Cuba
· Authorized the export to Cuba of 100% U.S.-origin products from third countries
· Authorized companies to establish offices in Cuba
· Changed the definition of the “cash in advance” provision of TSREEA from “cash before shipment” to cash before transfer of title and control”
· Authorize microfinancing projects
· Authorized financing (bank and third-party) and payment terms for selected authorized exports
· Expand the list of eligible products authorized for importation to the United States
· Removed Cuba from the Exclusion List maintained by the International Bureau of the Federal Communications Commission
· Discuss the issue of claims
· In selected instances, use an expansive, rather than constrictive interpretation of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, title IX, Public Law 106-387 [22 U.S.C. 7207(a)(1)] (TSRA)
What has the government of the United States not (or perhaps not yet) agreed to or done since December 2014:
· Removed restrictions upon Cuba for the use of United States Dollars in International transactions