US Foreign Subsidiaries Evaluating Export Credit/Guarantee Programs For Cuba

An increasing number of United States-based companies are evaluating the availability of export credit programs and export guarantee programs of countries within which they have foreign subsidiaries where those countries have programs available to support activities within the Republic of Cuba.  

While there may be issues relating to provisions (515.559 of title 31, Code of Federal Regulations) of the Cuban Democracy Act (CDA) of 1992 which curtailed foreign subsidiary transactions, there are companies who believe that provisions of the CDA may not be applicable in all circumstances.

At present, this focus is primarily towards the export of products to the Republic of Cuba that are authorized (statute or regulation) by the United States government, but have issues relating to the provision of long-term financing, such as projects for healthcare, transportation, agriculture, infrastructure, machinery, and energy (power generation).  

To be eligible for these programs, regardless of country, the foreign subsidiary must be more than an office and more than importing parts, technology, or know-how from the United States (or other countries) and then seeking support to export products from the subsidiary to the Republic of Cuba.  

The primary goal for any government export supporting entity is to use taxpayer funds to support products substantially created/assembled within their borders; by their citizens... not as a primary assist to United States-based companies and their shareholders.

The host country evaluates the content of what is to be exported to the Republic of Cuba- as will the United States government through the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and the Bureau of Industry and Security (BIS) of the United States Department of Commerce and, perhaps, other departments and agencies.

Some country export support facilities include France (COFACE, AFD); Germany (Hermes, KFW); Italy (SACE); Brazil (BNDES); UNited Kingdom (BFID, ECGD); and Spain (CESCE) among others.

For example (and this is typical for most countries), Montreal, Canada-based Export Development Canada (EDC) "is Canada’s trade finance agency, providing financing and insurance solutions locally and around the world to help Canadian companies of any size respond to international business opportunities. As a profitable Crown corporation that operates on commercial principles, EDC works together with private and public-sector financial institutions to create greater capacity for Canadian companies to engage in trade and investment." 

The Republic of Cuba page at the EDC: http://www.edc.ca/EN/Country-Info/Pages/Cuba.aspx

Canada Account is used to support export transactions which the EDC is unable to support, but which are determined by the Minister for International Trade to be in Canada's national interest. This is usually due to a combination of risks, including the size of the transaction, market risks, EDC's country capacity, borrower risks, and/or the financing conditions.

We negotiate, execute and administer these transactions on the same basis as Corporate Account activities but the risks are assumed by the Federal government. Before we enter into a Canada Account transaction, we require authorization from the Minister for International Trade, with the concurrence of the Minister of Finance. Transactions exceeding $50 million or those of a sensitive nature are, in practice, approved by Cabinet.

How the EDC assisted Ottawa, Canada-based Intelcan Technosystems Inc. with a civil aviation project in the Republic of Cuba:

http://www.edc.ca/EN/Knowledge-Centre/Success-Stories/Pages/intelcan.aspx

The Reporting On Venezuela & Cuba… Oil Transactions

The reporting on Venezuela and Cuba… Oil

Media reporting and data courtesy of The Center for International Energy and Environmental Policy (CIEEP) at the University of Austin, Texas, during the last sixteen years relating to the oil exports from Venezuela to the Republic of Cuba:

LINK TO PDF DOCUMENT

New Jersey Comic Expo To Host "Fernanda"Creator Mario Rivas

Mr. Mario Rivas is the creator of "Fernanda," a popular animated series broadcast throughout the Republic of Cuba and throughout The Americas.

This will be Mr. Rivas' first appearance in the United States and is happening as part of a cultural exchange program that seeks to introduce fans of the creative arts to artistic works in each nation.

Mr. Rivas will participate in panel discussions with his peers in the United States and will lead a session to share the stories behind "Fernanda" and other productions from the Republic of Cuba.

New Jersey Comic Expo will promote Mr. Rivas' appearance through a campaign running on Univision and in Latinos Unidos, a weekly Spanish Language paper that reaches 42,000 readers in New Jersey.

19 & 20 November 2016
New Jersey Convention Center, Edison, NJ
www.newjerseycomicexpo.com

New Jersey Comic Expo is an annual event held at the New Jersey Convention and Exposition Center each fall. It's a celebration of comic books and pop culture that showcases the exceptional works of talented writers, artists, illustrators and creators of all types of pop culture.  At New Jersey Comic Expo you can find exhibitors promoting and selling all types of related products, as well as entertaining and educational programs, guest signings and meet & greet sessions with celebrities.  For more specific information about the show, please check out the FAQ.  New Jersey Comic Expo is a MAD Event Management, LLC production.

"TripAdvisor Bookings to Cuba Cleared for Takeoff!"

U.S. Treasury Department Grants TripAdvisor a License to Provide Travel Services to Cuba Worldwide

NEEDHAM, Mass., Oct. 27, 2016 (GLOBE NEWSWIRE) -- TripAdvisor (NASDAQ:TRIP), the world's largest travel site*, today announced that it is among the first U.S. travel companies to receive a license from the United States Treasury Department's Office of Foreign Assets Control (OFAC) to provide and sell travel-related services to travelers from around the world booking trips to Cuba. The license permits TripAdvisor to promote educational and cultural engagement between global travelers and the Cuban people. TripAdvisor's license also eases many of the prior commercial restrictions regarding travel to the country.

"TripAdvisor believes that travel has the power to bring people together, facilitates understanding and appreciation of new cultures, and makes us a more enlightened people. Cuba continues to be one of the only countries in the world where the United States imposes significant travel restrictions. We applaud President Obama's policies to ease these restrictions and build relations with our island neighbor just 90 miles south of Florida," said Stephen Kaufer, president and CEO, TripAdvisor. "TripAdvisor looks forward to helping travelers all over the world discover Cuba's vibrant history, people and culture as we begin the important work to make these trips possible."

Effective immediately under the new license, TripAdvisor is permitted to facilitate travel bookings to Cuba for both U.S. and non-U.S. travelers, including through its instant booking platform for hotels, hotel price comparison search (metasearch), display advertising, flights, cultural tours and attractions, and short-term rentals. In accordance with OFAC guidelines, TripAdvisor may facilitate travel that is consistent with any one of the categories of travel that is authorized by OFAC including: family visits; official business of the United States government, foreign government travel, and certain intergovernmental organizations; journalistic activity; professional research and professional meetings; educational activities; religious activities; public performances, clinics, workshops, athletic and other competitions, and exhibitions; support for the Cuban people; humanitarian projects; activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or information materials; and certain export transactions that may be considered for authorization under existing regulations and guidelines.

"It is both exciting and historic that the U.S. Treasury Department has granted TripAdvisor approval to facilitate and promote travel to Cuba," said Seth Kalvert, senior vice president, general counsel and secretary, TripAdvisor. "We want to thank President Obama for his leadership on opening commercial, diplomatic and personal relations with Cuba and its people. We also want to thank those in Congress who have championed the promotion of travel between our two countries, especially the sponsors of the Freedom to Travel to Cuba legislation, which has more than 50 U.S. Senate co-sponsors and more than 40 co-sponsors in the U.S. House of Representatives. We urge Congress to make these relationships permanent by passing legislation that gives U.S. citizens the unrestricted freedom to travel to Cuba."

TripAdvisor has long been a resource for international travelers looking to discover the best places to stay and dine in Cuba, and continues to provide suggestions for things to do, places to eat, and cultural activities to explore for travelers while in the country. Now that the license has been granted, TripAdvisor expects to begin cultural travel-related sales to Cuba within the next few months.

Earlier this year, TripAdvisor executives made their first official visit to Cuba for a fact-finding mission and to support U.S. legislative action. The company will continue to build relationships inside Cuba and with the U.S. government to further open relations between our two countries.

About TripAdvisor

TripAdvisor® is the world's largest travel site*, enabling travelers to unleash the full potential of every trip. TripAdvisor offers advice from millions of travelers and a wide variety of travel choices and planning features with seamless links to booking tools that check hundreds of websites to find the best hotel prices. TripAdvisor branded sites make up the largest travel community in the world, reaching 350 million average monthly unique visitors**, and reached 385 million reviews and opinions covering 6.6 million accommodations, restaurants and attractions. The sites operate in 48 markets worldwide. TripAdvisor: Know better, Book better and Go better.

TripAdvisor, Inc. (NASDAQ:TRIP), through its subsidiaries, manages and operates websites under 24 other travel media brands:

www.airfarewatchdog.com, www.bookingbuddy.com, www.citymaps.com, www.cruisecritic.com, www.familyvacationcritic.com, www.flipkey.com, www.thefork.com (including www.lafourchette.com, www.eltenedor.com, www.iens.nl and www.dimmi.com.au), www.gateguru.com, www.holidaylettings.co.uk, www.holidaywatchdog.com, www.housetrip.com, www.independenttraveler.com, www.jetsetter.com, www.niumba.com, www.onetime.com, www.oyster.com, www.seatguru.com, www.smartertravel.com, www.tingo.com, www.travelpod.com, www.tripbod.com, www.vacationhomerentals.com, www.viator.com, and www.virtualtourist.com.

124 Days To Correct The Credit Card Issue- But, Sheraton Does It!

On 27 June 2016, Stamford, Connecutict-based Starwood Hotels & Resorts Worldwide (a subsidiary of Bethesda, Maryland-based Marriott International) commenced management of the Hotel Quinta Avenida Habana, which was rebranded as Four Points Sheraton Havana.

Four Points by Sheraton Havana (SPG Category 6)
Avenida 5ta A 76 - 80,
Miramar District
Havana, Cuba

The initial reservation policy was:

30 June 2016
Payment and Cancellations

“Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation. Additional charges at the Hotel are NOT payable with US credit cards and must be paid in CASH or with non US issued credit cards.”

Then the reservation policy was changed to:

10 October 2016
Payment and Cancellations

"Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation for any guests, including SPG members. Additional charges at the Hotel are NOT payable with US credit cards and must be paid in CASH or with non US issued credit cards."

On 13 October 2016, Purchase, New York-based Mastercard Worldwide informed Starwood Hotels & Resorts Worldwide that the company was incorrect in stating on its Internet site that credit cards issued in the United States were not permitted to be used at the property.  The same day, Mastercard Worldwide informed the Central Bank of the Republic of Cuba, which responded that it was not aware of the situation, but would contact management of the Four Points Sheraton Havana.

Pompano Beach, Florida-based Stonegate Bank and San Juan, Puerto Rico-based Banco Popular of Puerto Rico, and Florida-based Natbank have authorization from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and from the Central Bank of the Republic of Cuba to have their Mastercard-branded credit cards and debit cards valid for use in the Republic of Cuba.  

In 2015, Mastercard Worldwide removed its restriction for the Republic of Cuba on the use of its branded products in the Republic of Cuba.

The next change to the reservation policy was:

20 October 2016
Payment and Cancellations

"Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation for any guests, including SPG members. Additional charges at the Hotel must be paid in CASH or credit cards authorized for usage in Cuba (Please note-most US Based Credit Cards are NOT accepted in Cuba—check with your individual financial institution)."

However, not all sections of the Internet portal for reservations had been updated.

Today, the following was received:

28 October 2016

"Hi John.  The policy has been updated. It is below for your reference:

"Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation for any guests, including SPG members. Additional charges at the Hotel must be paid in CASH or credit cards authorized for usage in Cuba (Please note-most US Based Credit Cards are NOT accepted in Cuba—check with your individual financial institution)."

The NSC- We Can't Change A Policy... They Need To Review The Definition... Quickly.

By Twitter:

"US will abstain for first time on UNGA Resolution calling for end to embargo on Cuba. No reason to vote to defend a failed policy we oppose" (26 October 2016)

The Honorable Benjamin Rhodes
Assistant to the President and Deputy National Security Advisor for Strategic Communications

With communications being the relevant component of his portfolio, perhaps Mr. Rhodes should consider a refresher course as to the definition of the word "policy" and how this word differs from "statute" and "regulation."

pol·i·cy1
ˈpäləsē/
noun
noun: policy; plural noun: policies

    a course or principle of action adopted or proposed by a government, party, business, or individual.
    "the administration's controversial economic policies"
    synonyms:    plans, strategy, stratagem, approach, code, system, guidelines, theory; More
    line, position, stance, attitude
    "government policy"
    practice, custom, idea, procedure, conduct, convention
    "it's good policy to listen to your elders"
        archaic
        prudent or expedient conduct or action.
        "a course of policy and wisdom"

stat·ute
ˈstaCHo͞ot/
noun
noun: statute; plural noun: statutes

    a written law passed by a legislative body.
    "violation of the hate crimes statute"
    synonyms:    law, regulation, enactment, act, bill, decree, edict, rule, ruling, resolution, dictum, command, order, directive, order-in-council, pronouncement, proclamation, dictate, fiat, bylaw, ordinance
    "she built her case around an all but forgotten statute"
        a rule of an organization or institution.
        "the appointment will be subject to the statutes of the university"
        archaic
        (in biblical use) a law or decree made by a sovereign, or by God.

reg·u·la·tion
ˌreɡ(y)əˈlāSH(ə)n/
noun
noun: regulation; plural noun: regulations

    1.
    a rule or directive made and maintained by an authority.
    "planning regulations"
    synonyms:    rule, ruling, order, directive, act, law, bylaw, statute, edict, canon, pronouncement, dictate, dictum, decree, fiat, command, precept
    "they obey all the regulations"
        in accordance with regulations; of the correct type.
        modifier noun: regulation
        "regulation army footwear"
        synonyms:    official, prescribed, set, fixed, mandatory, compulsory, obligatory, de rigueur
        "regulation dress"
        antonyms:    unofficial
        informal
        of a familiar or predictable type; formulaic; standardized.
        "a regulation Western parody"
    2.
    the action or process of regulating or being regulated.
    "the regulation of financial markets"
    synonyms:    adjustment, control, management, balancing More

If the “US” opposes "a failed policy" towards the Republic of Cuba, why does the Obama Administration continue to maintain policies and regulations which may, at the direction of the Executive Branch, be changed?  True, there are provisions within statutes which may not be changed; but there are also provisions within statutes which may be changed.  And, regulations implemented by the Executive Branch may be changed by the Executive Branch.

If the Obama Administration does not want to make further changes to policies and regulations, then be honest and say so and explain the reason(s).  The United States business community appreciates the difference between policy, regulation and statute… so to should Mr. Rhodes.

What can the Executive Branch do through a change in “policy”?

  • Authorize more (or all) commercial activity under a general license from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce, including Direct Foreign Investment (DFI)
  • Authorize more (or all) transactions with Republic of Cuba government-operated companies
  • Authorize more (or all) imports under general license; is coffee (authorized in 2016) the only product that the United States Department of State is permitted to authorize by policy, regulation or statute?
  • Authorize more (or all) exports under general license
  • Authorize Republic of Cuba government-operated financial institutions to have accounts with United States-based financial institutions for correspondent activities; there will be no Direct Correspondent Banking transactions until this is authorized; and companies in the United States and the 11.3 million citizens of the Republic of Cuba will continue to make payments to financial institutions in headquartered in third countries.
  • Remove all restrictions upon the government of the Republic of Cuba using United States currency for transactions.
  • File motions to dismiss unwarranted civil judgements against the Republic of Cuba
  • Deliver a proposal to the government of the Republic of Cuba relating to the settlement of the 5,913 claims certified with the Foreign Claims Settlement Commission (FCSC) within the United States Department of Justice

From one observer: “The Obama Administration has renounced a failed policy, but it’s not going to be bothered to do the simple and easy things that are within its power to effectuate and give substance to that change in policy.  In other words, the United States Congress should undertake the activity because we're too lazy, disorganized and indifferent to perform, even though it's infinitely easier to create a general license or rescind a regulation than it is to pass legislation in two chambers.  You're right to suggest that it's perhaps a basic issue of literacy; that is, maybe they really don't know the difference between policy and law.”

There remain 84 days to “defend a failed policy we oppose.

Blackstone, Hilton Could Benefit In Cuba From HNA Group Of China Shareholding

McLean, Virginia-based Hilton Worldwide Holdings Inc., which is 46% owned by New York, New York-based The Blackstone Group L.P., has announced an agreement to sell 25% of its shareholding in Hilton Worldwide Holdings Inc., to Haikou, Hainan, China-based HNA Group Co. Ltd., for US$6.5 billion.  After the transaction, The Blackstone Group L.P. will control 25% of Hilton Worldwide Holdings Inc.

Hilton Worldwide Holdings Inc. has 4,830 properties in 104 countries and territories, including 84 in the People's Republic of China.

Given the expanding commercial, economic and political integration between the government of the People's Republic of China and government of the Republic of Cuba, as Hilton Worldwide Holdings Inc. seeks management opportunities within the Republic of Cuba, the ownership position of HNA Group Co. Ltd. will be of value.

Madrid, Spain-based NH Hotel Group, within which HNA Group Co. Ltd. has a 29.5% shareholding, manages the 220-room NH Capri La Habana in the city of Havana, Republic of Cuba.

Expect Chase, Citibank, Bank Of America, Barclays, American Express To Authorize Charge/Credit/Debit Cards

At the request of airlines and hotel management companies, expect by the end of November 2016 for New York, New York-based JP Morgan Chase, New York, New York-based Citibank, Charlotte, North Carolina-based Bank of America, Cranberry Township, Pennsylvania-based Barclays, and New York, New York-based American Express to authorize their respective charge/credit/debit products for use in the Republic of Cuba.

Forest City, California-based Visa Inc. and New York, New York-based American Express would then join Purchase, New York-based Mastercard Incorporated which removed its restriction for the Republic of Cuba on 1 March 2015.  VISA, American Express, and Riverwoods, Illinois-based Discover Financial Services (which also manages Diners Club International) have not reported removing their restrictions.

There is increasing pressure from United States-based airlines who are or will operate flights to/from the Republic of Cuba to have passengers use charge/credit/debit cards for ticket purchases, ticket changes, fare changes, luggage fees, class of service upgrades, etc, while passengers are within the Republic of Cuba.  The focus is upon regularly-scheduled flights from cities in the United States to the city of Havana, which will commence at the end of November 2016, rather than to other cities within the Republic of Cuba, whose passengers are primarily visiting family and are generally less requiring of additional services.  Passengers to/from Havana, which is the entry-point for most visitors especially those within the higher levels of airlines' frequent flyer programs, require consistent and efficient services.

There is increasing pressure from United States-based (and non-United States-based) hotel management companies who are or expect to manage properties in the Republic of Cuba to provide guests with the option to make payments at the property(s) rather than make prepayment and cash payments (to extend stays and for incidentals).

United States-based and non-United States-based management of airlines and hotels which operate within the Republic of Cuba believe that universal use of charge/credit/debit cards by individuals subject to United States jurisdiction who are visiting the Republic of Cuba within confines of the twelve (12) categories under a provision of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000 would spend an additional 20% to 30% while within the Republic of Cuba- representing a potential US$100 million in additional revenue to hotels, restaurants (government-operated and non-government-operated), rental car agencies, and at retail stores.

Currently, Pompano Beach, Florida-based Stonegate Bank and San Juan, Puerto Rico-based Banco Popular of Puerto Rico, and Florida-based Natbank are using authorization from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and from the Central Bank of the Republic of Cuba to have their Mastercard-branded credit cards and debit cards valid for use in the Republic of Cuba.

Both Stonegate Bank and Banco Popular de Puerto Rico had issues with Stamford, Connecticut-based Starwood Hotels and Resorts Worldwide whose Four Points Sheraton Havana refused for more than 110 days after opening on 27 June 2016 to accept the Mastercard-branded products issued by the two banks.  The issue has been resolved.  

Mastercard-branded and Visa-branded credit cards that are not issued by United States-based financial institutions are authorized for use in the Republic of Cuba.

For an issuing U.S. bank to have its Mastercard, Visa, American Express, Discover or Diners Club branded charge/credit/debit card operational in the Republic of Cuba, the U.S. bank must receive authorization from Mastercard, Visa, American Express, Discover and Diners Club and from the Central Bank of the Republic of Cuba.

U.S. Banks Issuing Airline and Hotel Credit Cards

New York, New York-based Citibank- Mastercard
NOTE: Long Island City, New York-based JetBlue offers flights from John F. Kennedy International Airport (JFK) to Havana, Republic of Cuba

New York, New York-based JP Morgan Chase- VISA
NOTE: Long Island City, New York-based JetBlue offers flights from John F. Kennedy International Airport (JFK) to Havana, Republic of Cuba

Cranberry Township, Pennsylvania-based Barclays- Mastercard and VISA

Charlotte, North Carolina-based Bank of America- Mastercard and VISA
NOTE: Fort Worth, Texas-based American Airlines offers flights from Charlotte Douglas International Airport (CLT) to Havana, Republic of Cuba

Which Airlines Offer Which Credit Card Brand

Alaska Airlines- Mastercard (Barclays) and VISA (Bank of America)
American Airlines- Mastercard (Bank of America) and VISA (Citibank)
Southwest Airlines- VISA (Chase)
Delta- American Express
Spirit- Mastercard (Bank of America)
JetBlue- Mastercard (Barclays)
United Airlines- VISA (JP Morgan Chase)

Which Hotels Offer Which Credit Card Brand

Hilton- American Express and VISA

Marriott- VISA (Chase)
NOTE: Stamford, Connecticut-based Starwood Hotels & Resorts Worldwide (a subsidiary of Bethesda, Maryland-based Marriott International), manages the Four Points Sheraton Havana and will manage two additional properties Havana, Republic of Cuba

Starwood- American Express
NOTE: Stamford, Connecticut-based Starwood Hotels & Resorts Worldwide (a subsidiary of Bethesda, Maryland-based Marriott International), manages the Four Points Sheraton Havana and will manage two additional properties Havana, Republic of Cuba

Wyndham- VISA (Barclays)

Another Meeting For The U.S. Government.... And (Only) Cuba Provides Information

From the Ministry of Foreign Affairs of the Republic of Cuba

The first dialogue between Cuba and the United States on disarmament and non-proliferation took place in New York on October 21, 2016.

The Cuban delegation, composed of officials from the Ministry of Foreign Affairs, was led by the Head of the Department of Political Affairs of the General Division for Multilateral Affairs and International Law, Rodolfo Benitez Verson. The United States delegation, represented by State Department officials, was led by Acting Under Secretary of State for Arms Control and International Security, Thomas M. Countryman.

The delegations exchanged views on various topics of interest in the field of disarmament and non-proliferation. The discussions were held in a professional and respectful environment, marked by profound differences.

Among other issues, the Cuban delegation stressed that the mere existence of nuclear weapons poses a serious threat to the survival of mankind, and reaffirmed the urgent priority of nuclear disarmament. It also emphasized the incompatibility of the economic, commercial and financial blockade against Cuba, with the provisions on trade and cooperation of several multilateral legal instruments to which both States are parties, such as the Biological Weapons Convention, the Chemical Weapons Convention and the Treaty on the Non-Proliferation of Nuclear Weapons.

These discussions, held at the proposal of the US side, demonstrate once again the willingness of Cuba to address any issue with the US government despite differences, on the basis of equality, respect and reciprocity.(Cubaminrex)

This US$5.6 Million Program Will Negatively Impact U.S. Companies Pursuing Opportunities In Cuba

Western Hemisphere: Bureau of Democracy, Human Rights and Labor Request for Statements of Interest: Programs Fostering Civil, Political, and Labor Rights in Cuba

Bureau of Democracy, Human Rights and Labor Request for Statements of Interest: Programs Fostering Civil, Political, and Labor Rights in Cuba

October 19, 2016

This is the announcement of funding opportunity number, DRLA-DRLAQM-17-027.

Application Deadline: November 18, 2016

I. Requested Statements of Interest Objectives

The Bureau of Democracy, Human Rights and Labor (DRL) announces a Request for Statements of Interest (RSOI) from organizations interested in submitting Statements of Interest (SOI) for programs that support the policy objective to foster civil, political, and labor rights in Cuba.

PLEASE NOTE: DRL strongly encourages applicants to immediately access www.grantsolutions.gov or www.grants.gov in order to obtain a username and password. GrantSolutions.gov is highly recommended for all submissions and is DRL’s preferred system for receiving applications. To register with GrantSolutions.gov for the first time, Please refer to the Proposal Submission Instructions for Statements of Interest at: http://www.state.gov/j/drl/p/c12302.htm.

The submission of a SOI is the first step in a two-part process. Applicants must first submit a SOI, which is a concise, three-page concept note designed to clearly communicate a program idea and its objectives before the development of a full proposal application. The purpose of the SOI process is to allow applicants the opportunity to submit program ideas to promote internationally-recognized, civil, political, and labor rights in Cuba as set forth in the Universal Declaration of Human Rights and other international instruments for DRL to evaluate prior to requiring the development of full proposal applications. Upon review of eligible SOIs, DRL will invite selected applicants to expand their ideas into full proposal applications. These full proposals will be subject to a full panel review and the results of that review will be provided to the Assistant Secretary who determines which proposals will be funded, subject to procurement approval and availability of funds.

Programs should support the realization in Cuba of the rights and principles enshrined within the following Articles of the Universal Declaration of Human rights, among others:

    Article 5, the prohibition of torture or to cruel, inhuman or degrading treatment or punishment;
    Article 9, freedom from arbitrary arrest, detention or exile;
    Article 10, the right to a free and fair trial before an independent and impartial tribunal;
    Article 12, the right to privacy;
    Article 13, the freedom of movement within one’s country;
    Article 18, the right to freedom of thought, conscience and religion;
    Article 19, the right to freedom of opinion and expression;
    Article 20, the right to freedom of peaceful assembly and association, as well as the prohibition of compelling an individual to belong to an association against his or her will;
    Article 21, the right to participate in the government of one’s country, which gains its authority only from the will of the people; and
    Article 23; the right to work in conditions of dignity with fair remuneration and the right to form and to join trade unions for the protection of the workers’ interests.

The Cuban government fails to respect the above universal rights, in particular the freedom of speech, by limiting independent journalists and media, censoring and limiting access to the internet, maintaining a monopoly on political power and media outlets, circumscribing academic freedom, and limiting religious freedom. The government refuses to recognize non-governmental human rights groups or permit them to function legally. The government continues to prevent workers from forming independent unions and dismisses or otherwise limits economic opportunities for workers who exercise any of their rights in contradiction of government policy. Common human rights abuses in Cuba include a lack of periodic and genuine elections-thereby denying citizens the right to participate in their government -selective prosecution and denial of fair trial, as well as the use of government threats, extrajudicial physical violence, intimidation, organized mobs, harassment, and detentions to prevent free expression and peaceful assembly. Authorities lack transparency and pervasively monitor private communications.

DRL’s programmatic emphasis aligns with the U.S. government policy to promote human rights in Cuba. Specifically, DRL programs in Cuba aim to strengthen the capacity of on-island, independent civil society to further the rights and interests of Cuban citizens, and to overcome the limitations imposed by the Cuban government on citizens’ civil, political, labor, and religious rights. DRL strives to ensure its projects inter alia advance the rights and uphold the dignity of the most vulnerable, marginalized or at-risk populations.

Proposals should offer a specific vision for contributing to change while acknowledging obstacles that would have to be overcome. Projects should include concrete initiatives that reflect recent developments on the island and consultative dialogue between the applicant and Cuban civil society. Activities should have potential for short-term impact leading to long-term sustainable reforms.

DRL prefers creative approaches rather than projects that simply duplicate or add to efforts by other entities. This does not exclude projects that clearly build off existing successful projects in a new way. DRL encourages applicants to foster collaborative partnerships with each other and submit a combined SOI in which one organization is designated as the lead applicant. The applicant should also demonstrate experience programming effectively within Cuba and/or within other closed society environments.

Successful applications in the past have reflected the linguistic needs and capabilities of target beneficiaries in the development of off-island activities. Successful applications have also considered practical limitations of groups and individuals’ ability to participate in project activities and strive to ensure the beneficiary organizations will continue to function while certain of its members are participating in off-island activities.

All programs must comply with federal financial regulations and emphasize approaches to monitoring and evaluation that measure impact on the island as stated in the PSI.

Activities that are typically funded include, but are not limited to:

    Organizational assistance to Cuban civil society to improve management, strategic planning, sustainability, and collaboration of local civil society groups such as labor groups, civil and political rights groups, youth groups, and religious freedom advocates, and that encourage the participation of marginalized populations;
    Capacity building on and off the island. Off-island activities sometimes include short-term fellowships;
    Access to software that would be easily accessible in an open society, or the adaption of said software for the Cuban technological environment;
    Assistance mechanisms designed to provide independent Cuban civil society with tools, opportunities, and trainings that civil society counterparts in open societies can access;
    Incorporation of independent Cuban civil society into initiatives, fora, and coalitions led by their regional and global civil society counterparts; and
    Increase access to uncensored information within the island.

Activities that typically are NOT considered competitive include:

    The provision of large amounts of humanitarian assistance;
    English language instruction;
    Development of high-tech computer or communications software and/or hardware;
    Purely academic exchanges or fellowships;
    External exchanges or fellowships lasting longer than six months;
    Off-island activities that are not clearly linked to in-country initiatives and impact or are not necessary for security concerns;
    Theoretical explorations of human rights or democracy issues, including projects aimed primarily at research and evaluation that do not incorporate training or capacity-building for local civil society;
    Micro-loans or similar small business development initiatives;
    Activities that go beyond an organization’s demonstrated competence, or fail to provide clear evidence that activities will achieve the stated impact;
    Initiatives directed towards a diaspora community rather than current residents of Cuba.

Programs that are NOT funded:

    DRL does not fund programs for Cuba that are directed towards supporting Cuban government institutions, individuals employed by those institutions, or organizations controlled by government institutions.

DRL anticipates supporting $5.6 million in programming for Cuba, subject to the availability of funds.

II. Eligibility Information:

Organizations submitting SOIs must meet the following criteria:

    Be a U.S.-based or foreign-based non-profit organization/non-governmental organization (NGO), or a public international organization; or
    Be a private, public, or state institution of higher education; and
    Have existing, or the capacity to develop, active partnerships with thematic or in-country partners, entities, and relevant stakeholders including private sector partner and NGOs; and
    Have demonstrable experience administering successful and preferably similar programs. DRL reserves the right to request additional background information on organizations that do not have previous experience administering federal awards. These applicants may be subject to limited funding on a pilot basis.

Applicants may form consortia and submit a combined SOI. If applicants seek to do so, one organization must be designated as the lead applicant with the other members as sub-award partners.

DRL’s preference is to work with non-profit entities; however, there may be occasions when a for-profit entity is best suited. For-profit entities should be aware that its application may be subject to additional review following the panel selection process, and that the Department of State generally prohibits profit under its assistance awards to for-profit or commercial organizations. Profit is defined as any amount in excess of allowable direct and indirect costs. The allowability of costs incurred by commercial organizations is determined in accordance with the provisions of the Federal Acquisition Regulation (FAR) at 48 CFR 30, Cost Accounting Standards Administration, and 48 CFR 31 Contract Cost Principles and Procedures. Program income earned by the recipient must be deducted from the program’s total allowable costs in determining the net allowable costs on which the federal share of costs is based.

DRL is committed to an anti-discrimination policy in all of its programs and activities. DRL welcomes SOI submissions irrespective of an applicant’s race, ethnicity, color, creed, national origin, gender, sexual orientation, gender identity, disability, or other status. DRL strongly encourages applications from organizations working with the most at risk and vulnerable communities, including women, youths, persons with disabilities, members of ethnic or religious minority groups, and LGBTI persons.

No entity listed on the Excluded Parties List System in the System for Award Management (SAM) is eligible for any assistance or can participate in any activities under an award in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR 1986 Comp., p. 189) and 12689 (3 CFR1989 Comp., p. 235), “Debarment and Suspension.” Additionally, no entity listed on the EPLS can participate in any activities under an award. All applicants are strongly encouraged to review the EPLS in SAM to ensure that no ineligible entity is included.

Organizations are not required to have a valid Unique Entity Identified (UEI) number, formerly referred to as a DUNS (Data Universal Numbering System) number, and an active SAM.gov registration to apply for this solicitation through GrantSolutions.gov. However, if a SOI is approved, these will need to be obtained before an organization is able to submit a full application.

III. Application Requirements, Deadline, and Technical Eligibility

All SOIs must conform to DRL’s posted Proposal Submission Instructions (PSI) for Statements of Interest, as updated in August 2016, available at http://www.state.gov/j/drl/p/c12302.htm.

Complete SOI submissions must include the following:

    Completed and signed SF-424 and SF424B, as directed on GrantSolutions.gov or Grants.gov (please refer to DRL’s PSI for SOIs for guidance on completing the SF-424); and,
    Program Statement (not to exceed three [3] pages in Microsoft Word) that includes:
    a) A table listing: the target country/countries; the total amount of funding requested from DRL, total amount of cost-share (if any), and total program amount (DRL funds + cost-share); and, program length;
    b) A synopsis of the program, including a brief statement on how the program will have a demonstrated impact and engage relevant stakeholders. The SOI should identify local partners as appropriate;
    c) A concise breakdown explicitly identifying the program’s objectives and the activities and expected results that contribute to each objective; and,
    d) A brief description of the applicant(s) that demonstrates the applicant(s) expertise and capacity to implement the program and manage a U.S. government award.

An organization may submit no more than two SOIs . SOIs that request less than $500,000 or more than $1,500,000 may be deemed technically ineligible.

Technically eligible SOIs are those which:

    Arrive electronically via GrantSolutions.gov or Grants.gov by 11:59 p.m. ET on Friday, November 18, 2016 under the announcement title “Programs Fostering Civil, Political, and Labor Rights in Cuba” funding opportunity number DRLA-DRLAQM-17-027;
    Are in English;
    Heed all instructions and do not violate any of the guidelines stated in this solicitation and the PSI for Statements of Interest.

For all SOI documents please ensure:

    All pages are numbered;
    All documents are formatted to 8 ½ x 11 paper; and,
    All documents are single-spaced, 12 point Times New Roman font, with 1-inch margins. Captions and footnotes may be 10-point Times New Roman font. Font sizes in charts and tables can be reformatted to fit within one page width.

Grants.gov and Grantsolutions.gov automatically logs the date and time a submission is made, and the Department of State will use this information to determine whether it has been submitted on time. Late submissions are neither reviewed nor considered unless the DRL point of contact listed in section VI is contacted prior to the deadline and is provided with evidence of system errors caused by www.grants.gov or www.grantsolutions.gov that is outside of the prospective applicants’ control and is the sole reason for a late submission. Prospective applicants should not expect a notification upon DRL receiving their SOI. It is the sole responsibility of the prospective applicant to ensure that all of the material submitted in the SOI submission package is complete, accurate, and current. DRL will not accept SOIs submitted via email, fax, the postal system, or delivery companies or couriers. DRL strongly encourages all prospective applicants to submit SOIs before Friday, November 18, 2016 to ensure that the SOI has been received and is complete.

IV. Review and Selection Process

The Department’s Office of Acquisitions Management (AQM) will determine technical eligibility for all SOI submissions. All technically eligible SOIs will then be reviewed against the same three criteria by a DRL Review Panel, which includes quality of program idea/inclusivity of marginalized populations, program planning, and ability to achieve objectives/institutional capacity. Additionally, the Panel will evaluate how the SOI meets the solicitation request, U.S. foreign policy goals, and the priority needs of DRL overall. Panelists review each SOI individually against the evaluation criteria, not against competing SOIs. To ensure all SOIs receive a balanced evaluation, the DRL Review Panel will review the first page of the SOI up to the page limit and no further. The Grants Officer Representative (GOR) for the eventual award does not vote on the panel. All Panelists must sign non-disclosure agreements and conflict of interest agreements.

In most cases, the DRL Review Panel includes representatives from DRL and the appropriate Department of State regional bureau, which may request feedback on SOIs from the appropriate U.S. embassies. In some cases, additional panelists may participate, including from other Department of State bureaus or offices, U.S. government departments, agencies, or boards, representatives from partner governments, or representatives from entities that are in a public-private partnership with DRL. Selected applicants will be invited to submit full proposal applications based on their SOIs. Unless directed otherwise by the organization, DRL may also refer SOIs for possible consideration in other U.S. government related funding opportunities.

The Panel may provide conditions and/or recommendations on SOIs to enhance the proposed program, which must be addressed by the organization in the full proposal application. To ensure effective use of limited DRL funds, conditions and recommendations may include requests to increase, decrease, clarify, and/or justify costs and program activities.

Review Criteria

Quality of Program Idea/Inclusivity of Marginalized Populations

SOIs should be responsive to the solicitation, appropriate in the country/regional context, and should exhibit originality, substance, precision, and relevance to DRL’s mission of promoting human rights and democracy. DRL prefers creative approaches that do not duplicate efforts by other entities. This does not exclude from consideration programs that improve upon or expand existing successful programs in a new and complementary way. DRL strives to ensure its programs advance the rights and uphold the dignity of the most at-risk and vulnerable populations, including women, youth, people with disabilities, members of racial and ethnic or religious minority groups, and LGBTI persons. To the extent possible and appropriate, applicants should identify and address considerations to support and/or include these populations in all proposed program activities and objectives. Strong justification should be provided if the most at-risk and vulnerable populations will not be included in the proposed activities and objectives. Otherwise, SOIs that do not address the above will not be considered highly competitive in this category.

Program Planning

A strong SOI will include a clear articulation of how the proposed program activities and expected results (both outputs and outcomes) contribute to specific program objectives and the overall program goal. Objectives should be ambitious, yet measurable, results-focused, and achievable in a reasonable time frame.

Ability to Achieve Objectives/Institutional Capacity

SOIs should address how the program will engage relevant stakeholders and should identify local partners as appropriate. If local partners are identified, applicants should describe the division of labor among the applicant and any local partners. SOIs should demonstrate the organization’s expertise and previous experience in administering programs, preferably similar programs targeting the requested program area or similarly challenging environments.

For additional guidance, please see DRL’s posted Proposal Submission Instructions (PSI) for Statements of Interest, as updated in August 2016, available at http://www.state.gov/j/drl/p/c12302.htm.

V. Additional Information

DRL will not consider SOIs that reflect any type of support for any member, affiliate, or representative of a designated terrorist organization.

Project activities whose direct beneficiaries are foreign militaries or paramilitary groups or individuals will not be considered for DRL funding given purpose limitations on funding.

Restrictions may apply to any proposed assistance to police or other law enforcement. Among these, pursuant to section 620M of the Foreign Assistance Act of 1961, as amended (FAA), no assistance provided may be furnished to any unit of the security forces of a foreign country when there is credible information that such unit has committed a gross violation of human rights. In accordance with the requirements of section 620M of the FAA, also known as the Leahy law, program beneficiaries or participants from a foreign government’s security forces may need to be vetted by the Department before the provision of any assistance.

Organizations should be aware that DRL understands that some information contained in SOIs may be considered sensitive or proprietary and will make appropriate efforts to protect such information. However, organizations are advised that DRL cannot guarantee that such information will not be disclosed, including pursuant to the Freedom of Information Act (FOIA) or other similar statutes.

Organizations should also be aware that if ultimately selected for an award, the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards set forth in 2 CFR Chapter 200 (Sub-Chapters A through F) shall apply to all non-Federal entities, except for assistance awards to Individuals and Foreign Public Entities. Please note that as of December 26, 2014, 2 CFR 200 (Sub-Chapters A through E) now applies to foreign organizations, and Sub-Chapters A through D shall apply to all for-profit entities. The applicant/recipient of the award and any sub-recipient under the award must comply with all applicable terms and conditions, in addition to the assurance and certifications made part of the Notice of Award. The Department’s Standard Terms and Conditions can be viewed on DRL’s Resources page at: http://www.state.gov/j/drl/p/c72333.htm.

The information in this solicitation and DRL’s PSI for SOIs, as updated in August 2016, is binding and may not be modified by any DRL representative. Explanatory information provided by DRL that contradicts this language will not be binding. Issuance of the solicitation and negotiation of SOIs or applications does not constitute an award commitment on the part of the U.S. government. DRL reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the program evaluation requirements.

This solicitation will appear on www.grants.gov, www.grantsolutions.gov, and DRL’s website http://www.state.gov/j/drl/p/c12302.htm.

Background Information on DRL and general DRL funding

DRL is the foreign policy lead within the U.S. government on promoting democracy and protecting human rights globally. DRL supports programs that uphold democratic principles, support and strengthen democratic institutions, promote human rights, prevent atrocities, combat and prevent violent extremism, and build civil society around the world. DRL typically focuses its work in countries with egregious human rights violations, where democracy and human rights advocates are under pressure, and where governments are undemocratic or in transition.

Additional background information on DRL and the human rights report can be found on www.state.gov/j/drl and www.humanrights.gov.

VI. Contact Information

GrantSolutions.gov Help Desk:

For assistance with GrantSolutions.gov accounts and technical issues related to using the system, please contact Customer Support at help@grantsolutions.gov or call 1-866-577-0771 (toll charges for international callers) or 1-202-401-5282. Customer Support is available

8:00 AM – 5:00 PM ET, Monday – Friday, except federal holidays.

Grants.gov Helpdesk:
For assistance with Grants.gov accounts and technical issues related to using the system, please call the Contact Center at 1-800-518-4726 or email support@grants.gov. The Contact Center is available 24 hours a day, seven days a week, except federal holidays.

See https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/ for a list of federal holidays.

For technical questions related to this solicitation, please contact DRLCubaGrants@state.gov.

With the exception of technical submission questions, during the solicitation period U.S. Department of State staff in Washington and overseas shall not discuss this competition until the entire review process has been completed and rejection and approval letters have been transmitted.

www.cuba.com Is For Sale... US$4.5 Million

From the broker:

"This special digital asset has enormous growth and revenue potential in the areas of travel; tourism; hotels; entertainment; recreation, etc.  The Seller has owned Cuba.com for +15 years and will entertain a payment plan or a lease to own transaction from qualified buyers only.  The proposals illustrated below are duly authorized by the Owner of Cuba.com."
 
1.    US$4.5 million cash purchase
·         designated escrow agent is Escrow.com
·         Buyer agrees to absorb Escrow.com transaction fees
 
2.    US$5 million (via five (5) year payment plan)

·         US$2 million (40%) initial down payment (non-refundable);

·         US$3 million(60%) due in 20 quarterly payments (US$150,000.00 each);

·         Installment payment 1 (US$150,000.00) is due in 90 days;

·         Payments 2-20 (US$150,000.00) are due every ninety (90) days thereafter;

·         Designated escrow “holding” agent is Escrow.com;

·         Buyer agrees to absorb Escrow.com transaction fees;
 
3.    Joint Venture (investors)

·         development and maintenance of eCommerce site

·         equity; contribution, and revenue share terms are negotiable

Mr. Mark Thomas
Chief Executive Officer
VIP Logo
Telephone: 561.929.9983
WeChat:    VIPbrokerage
Skype:       VIPbrokerage
QQ:           2197786728
 
"VIP Brokerage is a world-class service provider for the buying and selling of premium domain names."

Issues Remain With How Four Points Sheraton Havana Describes Usage Of Credit Cards Issued By U.S. Banks

There remain issues with how Four Points Sheraton Havana describes the use at the property of credit cards/debit cards issued by United States-based financial institutions.  Accessing the following portals today, 21 October 2016....

http://www.fourpointshavana.com/cuba-travel-information

IMPORTANT MESSAGE
IMPORTANT INFORMATION ABOUT SPECIAL CONDITIONS AT THIS HOTEL

Reservations for this Hotel are prepaid, and there are NO REFUNDS for changes or cancellation. Additional charges at the Hotel are NOT payable with U.S. credit cards and must be paid in CASH or with non U.S. issued credit cards.

IMPORTANT INFORMATION
ABOUT YOUR RESERVATION

Reservations for this Hotel are prepaid, and there are NO REFUNDS for changes or cancellation. Additional charges at the Hotel are NOT payable with U.S. credit cards and must be paid in CASH or with non U.S. issued credit cards.

http://www.starwoodhotels.com/fourpoints/property/overview/index.html?propertyID=4531&language=en_US

PAYMENT AND CANCELLATIONS

Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation for any guests, including SPG members. Additional charges at the Hotel must be paid in CASH or credit cards authorized for usage in Cuba (Please note-most US Based Credit Cards are NOT accepted in Cuba—check with your individual financial institution)

 

21 October 2016- Blog Post

Four Points by Sheraton Havana
Avenida 5ta A 76 - 80,
Miramar District
Havana, Cuba

SPG Category 6

20 October 2016
Payment and Cancellations

"Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation for any guests, including SPG members. Additional charges at the Hotel must be paid in CASH or credit cards authorized for usage in Cuba (Please note-most US Based Credit Cards are NOT accepted in Cuba—check with your individual financial institution)."

10 October 2016
Payment and Cancellations

"Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation for any guests, including SPG members. Additional charges at the Hotel are NOT payable with US credit cards and must be paid in CASH or with non US issued credit cards."

30 June 2016
Payment and Cancellations

“Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation. Additional charges at the Hotel are NOT payable with US credit cards and must be paid in CASH or with non US issued credit cards.”

On 13 October 2016, New York-based Mastercard Worldwide informed Stamford, Connecticut-based Starwood Hotels & Resorts Worldwide (a subsidiary of Bethesda, Maryland-based Marriott International), which manages the Four Points Sheraton Havana, that the company was incorrect in stating on its Internet site that credit cards issued in the United States were not permitted to be used at the property.

Mastercard Worldwide also informed the Central Bank of the Republic of Cuba, which responded that it was not aware of the situation, but would contact management of the Four Points Sheraton Havana.

Pompano Beach, Florida-based Stonegate Bank and San Juan, Puerto Rico-based Banco Popular of Puerto Rico, and Florida-based Natbank (although this remains unconfirmed) have authorization from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and from the Central Bank of the Republic of Cuba to have their Mastercard-branded credit cards and debit cards valid for use in the Republic of Cuba.  

Mastercard has removed its restriction for the Republic of Cuba on the use of its branded products in the Republic of Cuba.

HIS Maritime & Trade Article: Challenges Abound Despite US Easing Of Cuba Shipping Rules

HIS Maritime & Trade
London, United Kingdom

21 October 2016

Challenges abound despite US easing of Cuba shipping rules

Greg Miller, Senior Editor

The Obama administration has just enacted historic changes to US rules governing shipping to Cuba, but risks and uncertainties may prevent vessel interests from taking advantage of the new opportunity.

Two shipping rule revisions were announced on 14 October: a major loosening of the ‘180-day rule’, which prevents a vessel without a licence from calling in the United States within six months of calling in Cuba; and a redefinition of Cuban transit cargo.

Vessels carrying export cargo to Cuba have been exempted from the 180-day rule if that cargo is not on the Commerce Control List (CCL), a list that designates goods that require US export licences. The vast majority of worldwide cargo shipped via containers is not on the CCL. 

The definition of transit cargo – which is not prevented from entering the US under the trade embargo – has been changed from cargo that “does not enter the Cuban economy” to cargo that “is not removed from the vessel for use in Cuba and is not transferred to another vessel while in Cuba”.  

These changes will not allow any additional US exports to Cuba beyond those already allowed under the embargo, but they will ease the way for non-US exports to Cuba. For the first time since the 180-day rule was enacted in 1992, a container ship carrying exports from Asia via the Panama Canal would be able to unload containers in Cuba – assuming that cargo is not on the CCL – then sail directly to a US port to unload additional containers on its front-haul leg. The addition of the Cuba call to the route should increase slot utilisation on vessels in that service.

The new rules will continue to stifle transhipment prospects for the PSA-operated terminal in Mariel. Because the redefinition of transit cargo excludes transfers between vessels, and because the 180-day rule change only applies to exports to Cuba, vessel interests face the same restrictions on Cuban transhipment as they did before, i.e. vessels carrying Cuban-transhipped cargoes will be barred from calling in America for six months.

Now that Cuban calls are allowed for vessels on the all-water Asia-to-US route, the question is: Will a shipping line actually do so? Numerous Caribbean maritime executives speaking to IHS Fairplay were highly sceptical, given the risks inherent in the non-CCL cargo requirement and the restrictions stemming from the US trade embargo.

According to one Caribbean port executive, “Once they do remove all the restrictions – including the embargo – it will be clear. But there’s still so much uncertainty, and if shipping lines find that the new rules are difficult to deal with, they won’t deal with them.” According to a Caribbean ship-operator executive, “If I have to go to my lawyer for advice in order to figure out whether I can do something, why bother when I can do something else? It’s not worth the risk.”

Under the new rules, a container ship that arrives at a US port after making its call in Cuba would have to prove to the US Coast Guard (USCG) inspector that it has not delivered any prohibited items to the island. The CCL includes thousands of highly specified cargo items. The vessel interest would have to ensure it did not inadvertently deliver a single item on the CCL to Cuba. If it did and the USCG determined that the vessel broke the rule, that vessel would be barred from US calls for six months, creating serious complications for the service.

“Although most goods are not on the list, the CCL is a very complicated set of regulations and shipping lines would have to be very careful about what cargo they are taking to Cuba. They would need to be sure that they know what they’re carrying,” said Reed Smith counsel Jane Freeberg Sarma.

Meanwhile, the US trade embargo would disallow a foreign operator from taking advantage of the rule change if its ship is owned or controlled by a person subject to US jurisdiction. Many major shipping lines operate vessels that are on long-term lease from US-listed shipowners. Vessels owned by such public entities would be prohibited from Cuban service if US shareholders had a majority stake, or if the majority of the board were Americans. Even if US shareholders held smaller stakes, it still raises concerns. “There is not really a ‘bright line’ rule [on public share ownership], so that is definitely something companies have to be cautious of,” Freeberg Sarma told IHS Fairplay.

Beyond the ownership issue, US insurers cannot cover foreign vessels serving Cuba and US financial institutions cannot provide debt financing for such vessels. According to Freeberg Sarma, all of these restrictions would likely be addressed in contracts. “Loans from US institutions would include requirements that a vessel not trade with sanctioned countries. There would also be an insurance clause [related to sanctioned countries] and a clause in the charter agreement,” she explained.

Even when restrictions are lifted – as is the case with the 180-day rule change – it can take time for contracts to be adjusted, if at all. “With the Iran sanctions, there were changes, but some insurers still didn’t offer coverage, even though it was permitted, and some did decide to provide coverage, but it took a while,” Freeberg Sarma noted.

The rise of container-shipping alliances poses yet another challenge. In an interview with IHS Fairplay in August, this issue was addressed by Charles Baker, the general director of the TC Mariel terminal in Cuba. “All of the different shipping lines in these alliances need to agree that they will include Mariel in their route and some of them have a greater degree of difficulty in making that decision. Some shipping lines have purposefully decided not to do business with Cuba so they don’t jeopardise their interests in the United States,” said Baker.

Another hurdle relates to ship size. Since the opening of the Panama Canal in June, Asia-to-US services transiting the waterway have upgraded vessel size from traditional 4,000–4,500 teu Panamaxes to 6,000–10,000 teu neo-Panamaxes. Today, Mariel’s port can only handle Panamaxes. The channel will not be dredged to handle neo-Panamaxes until next year.

A final barrier to new calls in Cuba involves US election timing. There are less than 90 days left before Barack Obama cedes the presidency to either Hillary Clinton or Donald Trump. Any shipping line considering Mariel calls under the new rule would have to wait until they are confident on how the next US president will handle regulations enacted by Obama.

According to John Kavulich, president of the US-Cuba Trade & Economic Council, “While President Obama is in office, they’re going to make this work as opposed to looking for ways to not make it work. But we have an election coming up and there will be someone else in the Oval Office soon.” Although Clinton’s views are generally in line with Obama’s, Trump “would like to see Cuba do more to get more”, Kavulich told IHS Fairplay.

“Sanctions are a political tool and as the person in office changes, the political agenda changes,” said Freeberg Sarma. “It’s hard to see what’s going to happen after the election, so it’s wise to be cautious.”

In fact, the reason there are so many practical hurdles to taking advantage of the new Cuban opportunity is that the rule change was driven by political operatives, not industry players. “The US government isn’t doing this for the sake of shipping. It’s doing this for the sake of normalising relations with Cuba,” said the Caribbean port executive.

According to Kavulich, “From the Obama administration’s perspective, this serves a political purpose. It means there is one less reason for the Cuban government to not re-engage with the US, because the Cubans are keenly aware that the Obama administration has choices it can make in terms of changing regulations and it has statutes it can do nothing about.”

THE COMMERCE CONTROL LIST

The Commerce Control List (CCL) is used to determine whether an export licence is required for a particular cargo to be shipped from the United States. In the case of the new Cuba shipping rule, the CCL is being used to determine whether an export cargo to Cuba from a non-US country, such as China, will be allowed for the purposes of obtaining a vessel exemption from the 180-day rule.

The 11 categories of items covered by the CCL are: nuclear and miscellaneous; materials, chemicals, micro-organisms, and toxins; materials processing; electronics; computers; telecommunications; information security; sensors and lasers; navigation and avionics; marine; and aerospace and propulsion. There are around 3,000 specific items within these categories (see list here).

To further complicate matters, certain items on the CCL – those classified as anti-terrorism items – may be shipped to Cuba under the Obama administration’s revised 180-day rule.

Wyndham Worldwide Actively Seeking Management Opportunities In Cuba

In September 2016, Geoff Ballotti, President and Chief Executive Officer of Parsippany, New Jersey-based Wyndham Worldwide:

We are working on opportunities there,” Loewen said. “Our teams have been there. We have partners that we’re talking to. We’re looking to bring some more brands there. We’ve talked both to people who want the upscale side and some who really see the need for good solid economy hotels.” The biggest challenge, of course, is utilities and other infrastructure. “The government’s got a lot of work to do down there, I think. But it will be a great location.” 

Mr. Robert Loewen, Executive Vice President And Chief Operating Officer of Wyndham Worldwide:

"We always look at every opportunity, and we think Cuba and the Caribbean in general are going to be big opportunities. I’m excited from a personal standpoint because 25 years ago I worked in the Caribbean doing yacht charters. And every year, it was a story of, 'Cuba’s going to open up, and we can finally take sailboats to Cuba.' It looks like it’s finally broken down and is opening up, and the infrastructure is not there."

After 116 Days Sheraton/StarwoodMarriott Finally Changes Its Mastercard Acceptance Policy For Cuba

Marriott/Starwood Was At Risk Of Legal Action By Mastercard

Officials At Banco Central de Cuba Were Angry

Could Reason(s) Have Included Marriott/Starwood Relationship With VISA?

President & CEO Of Marriott International Is Vice Chair Of President's Export Council (PEC)

Mastercard, Central Bank, and Two U.S. Banks Said Starwood Should Authorize... What Was The Problem?

Four Points by Sheraton Havana
Avenida 5ta A 76 - 80,
Miramar District
Havana, Cuba

SPG Category 6

20 October 2016
Payment and Cancellations

"Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation for any guests, including SPG members. Additional charges at the Hotel must be paid in CASH or credit cards authorized for usage in Cuba (Please note-most US Based Credit Cards are NOT accepted in Cuba—check with your individual financial institution)."

10 October 2016
Payment and Cancellations

"Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation for any guests, including SPG members. Additional charges at the Hotel are NOT payable with US credit cards and must be paid in CASH or with non US issued credit cards."

30 June 2016
Payment and Cancellations

“Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation. Additional charges at the Hotel are NOT payable with US credit cards and must be paid in CASH or with non US issued credit cards.”

On 13 October 2016, New York-based Mastercard Worldwide informed Stamford, Connecticut-based Starwood Hotels & Resorts Worldwide (a subsidiary of Bethesda, Maryland-based Marriott International), which manages the Four Points Sheraton Havana, reported the company was incorrect in stating on its Internet site that credit cards issued in the United States were not permitted to be used at the property.

Mastercard Worldwide also informed the Central Bank of the Republic of Cuba, which responded that it was not aware of the situation, but would contact management of the Four Points Sheraton Havana.

Pompano Beach, Florida-based Stonegate Bank and San Juan, Puerto Rico-based Banco Popular of Puerto Rico, and Florida-based Natbank (although this remains unconfirmed) have authorization from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and from the Central Bank of the Republic of Cuba to have their Mastercard-branded credit cards and debit cards valid for use in the Republic of Cuba.  

Mastercard has removed its restriction for the Republic of Cuba on the use of its branded products in the Republic of Cuba.

Blog Post

Why Did Starwood Initiate A Reservations Policy More Restrictive Than French & Spanish Competitors In Cuba?

For the Four Points By Sheraton Havana property, which commenced operations on 27 June 2016, the following statement is on its reservations portal:

http://www.starwoodhotels.com/fourpoints/property/overview/index.html?language=en_US&propertyID=4531

“Reservations for this hotel are prepaid and there are NO REFUNDS for changes or cancellation. Additional charges at the Hotel are NOT payable with US credit cards and must be paid in CASH or with non US issued credit cards.”

According to Stamford, Connecticut-based Starwood Hotels & Resorts Worldwide (2015 revenues exceeded US$5.7 billion), "The current reservation policies are the result of Starwood’s assessment of market conditions.  We are conscious of the issues resulting from cash requirements and the limitations on payment methods. Thus, we are working to accept as many payment methods as possible based on what has been made available under the current regulatory framework.  We expect to be able to offer additional options in the near future."

When making a reservation at a property located within the Republic of Cuba using the online portal of the management company, for example Spain-based Melia Hotels International (2015 revenues exceeded US$2 billion) and France-based AccorHotels (2015 revenues exceeded US$5 billion), a reservation may be changed or cancelled and may be prepaid using a non-United States-based financial institution-issued credit/debit card, but may not (yet) be prepaid using a credit card/debit card issued by a United States-based financial institution.

Regulations Do Not Require

There are no regulations issued by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury that prevent prepayment or require prepayment, that prevent refunds for changes or cancellation.  The OFAC has authorized credit cards and debit cards issued by United States-based financial institutions (including American Express, VISA, MasterCard, Discover, Diners Club, etc.) for use in the Republic of Cuba.

Are the Four Points by Sheraton Havana payment policies a reflection of requirements by Republic of Cuba government-operated Gaviota (controlled by the Revolutionary Armed Forces of the Republic of Cuba), the Central Bank of the Republic of Cuba, the Ministry of Tourism of the Republic of Cuba?

Pompano Beach, Florida-based Stonegate Bank is authorized by the OFAC and Central Bank of the Republic of Cuba to have its MasterCard credit/debit card valid for use in the Republic of Cuba.  San Juan, Puerto Rico-based Banco Popular of Puerto Rico has announced plans [now operational] to have its MasterCard credit/debit card valid for use in the Republic of Cuba.

In 2016, the OFAC granted a license(s) to Starwood Hotels & Resorts Worldwide to manage properties owned by Republic of Cuba government-operated entities located in the city of Havana, Republic of Cuba.  The properties are Gran Caribe-owned Hotel Inglaterra; Habaguanex-owned Hotel Santa Isabel and Hotel Quinta Avenida (re-branded as Four Points by Sheraton Havana).

Bethesda, Maryland-based Marriott International (2015 revenues exceeded US$14 billion) is acquiring Starwood Hotels & Resorts Worldwide and confirms its discussions with Republic of Cuba government-operated companies to identify property-management opportunities within the Republic of Cuba.

US Secretary Of HHS To Visit Cuba- Twenty Staff Already In Havana; Cuba Reports Before HHS

Once again, the government of the Republic of Cuba announces a visit by an official of the United States Government before the United States Government releases the information...

HAVANA, October 18, 2016. The Secretary of Health and Human Services of the United States, Sylvia Burwell will pay a working visit to Cuba between 20 and 22 October 2016.

During her stay, the Secretary will pursue issues of bilateral cooperation, covered by the framework Memorandum of Understanding between the Ministry of Public Health of Cuba (MINSAP) and the United States Department of Health and Human Services, signed last June in the context of the visit by Dr. Roberto Morales Ojeda, Minister of Public Health, Washington.

The Secretary, in addition to a meeting with his Cuban counterpart and other officials of the Ministry of Public Health, will visit health institutions and medical, biotech and pharmaceutical industry. It will participate in the Regional Meeting for Surveillance and Control Strategy of airborne viruses, which will take place on 20 and 21 October in Havana. (Cubaminrex)

From the Ministry of Foreign Affairs of the Republic of Cuba:

LA HABANA, 18 de octubre de 2016.  La secretaria de Salud y Servicios Humanos de los Estados Unidos, Sylvia Burwell, realizará una visita de trabajo a Cuba entre el 20 y el 22 de octubre de 2016.

Durante su estancia, dará continuidad a temas de la colaboración bilateral, amparados por el Memorando de Entendimiento marco entre el Ministerio de Salud Pública de Cuba (MINSAP) y el Departamento de Salud y Servicios Humanos de los Estados Unidos, firmado el pasado mes de junio en el contexto de la visita realizada por el Dr. Roberto Morales Ojeda, ministro de Salud Pública, a Washington.

La Secretaria, además de sostener un encuentro con su homólogo cubano y otros directivos del MINSAP, visitará instituciones de la salud y de la industria médico, biotecnológica y farmacéutica. Además, participará en la Reunión Regional para la Estrategia de Vigilancia y Control de las Arbovirosis, que tendrá lugar el 20 y 21 de octubre, en La Habana. (Cubaminrex)

June 13, 2016

HHS Engages in Historic Health Collaboration with Cuba

"Today, U.S. Department of Health and Human Services Secretary Sylvia M. Burwell signed a Memorandum of Understanding (MOU) - PDF with Cuba’s Ministry of Public Health, an important milestone between the two countries since the re-establishment of diplomatic relations in 2015.

The MOU [CLICK HERE FOR LINK TO DOCUMENT] establishes coordination across a broad spectrum of public health issues, including global health security, communicable and non-communicable diseases, research and development, and information technology. The signing also kicks off a two-day visit to HHS from Cuba’s Minister of Health, Dr. Roberto Tomás Morales Ojeda.

“Cuba has made significant contributions to health and science, as evidenced by their contribution to the Ebola response in West Africa and becoming the first country to eliminate mother-to-child HIV transmission. This new collaboration is a historic opportunity for two nations to build on each other’s knowledge and experience, and benefit biomedical research and public health at large,” Secretary Sylvia M. Burwell said.

The U.S. and Cuba share an interest in detecting and responding to emerging infectious diseases such as dengue and chikungunya, serious mosquito-borne viral diseases. Both countries also have an aging population, necessitating an increased focus on responding to the increasing burden of neurodegenerative and non-communicable diseases, including cancer, which is the leading cause of death in Cuba and second in the U.S."

Several U.S. delegations have already traveled to Cuba, and Cuba’s vice minister for Public Health spent a week at HHS in April.

Natbank Of Florida Confirms Its Mastercard Is Valid For Use In Cuba

Natbank, a wholly-owned subsidiary of National Bank of Canada that has operated in Florida for more than twenty years, confirms that its Mastercard credit card is valid for use in the Republic of Cuba.  Natbank has locations in Boynton Beach, Hollywood and Pompano Beach.

Pompano Beach, Florida-based Stonegate Bank and San Juan, Puerto Rico-based Banco Popular of Puerto Rico have authorization from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and from the Central Bank of the Republic of Cuba to have their Mastercard-branded credit cards and debit cards valid for use in the Republic of Cuba.  

Mastercard International has removed its restriction for the Republic of Cuba on the use of its branded products in the Republic of Cuba.

Google To Support Chrome Cuba-Focused Developers

Google has informed registered Chrome developers that the company will support free extensions, themes, and apps will be extended to the Republic of Cuba commencing on 19 October 2016.

Chrome Apps

"The default language for the Cuban Chrome Store and any content with multi-language support published there will be Spanish, and any app, theme, or extension currently published to "All Regions" will be automatically published to Cuba's Chrome Web Store.

If content is not marked for All Regions it will be excluded from the Cuban store by default. Developers are encouraged to check and adjust their publishing settings as needed, as well as internationalize their store listings if they intend to distribute to multiple regions or with multiple language options.

Relaxation of U.S. export controls and sanctions towards Cuba allowed Google to distribute Chrome in late 2014, and as relations continue to improve between the two countries we should see more companies providing their services for the people of Cuba as public internet access continues to grow."

Has The Obama Administration Called It Quits? Leaving United States Companies With More Than Was Expected... But Far Less Than Was Needed

Has The Obama Administration Called It Quits? Leaving United States Companies With More Than Was Expected... But Far Less Than Was Needed

U-Turns Do Not Equate With Straight Lines

Why Does The Obama Administration Want To Send Money To Panama?

US$339 Million In Transfer Fees Paid To Other Countries Could Have Been Used For Additional Exports

From the perspective of the United States business community, that The Honorable Susan Rice, Assistant to the President for National Security Affairs, in remarks delivered on 14 October 2016 included media-friendly-headline-friendly (meaning likely to be quoted) statements about cigars and rum, reinforced a lack of focus upon what should have been priorities towards the Republic of Cuba during the remaining 95 days of the Obama Administration.

The statements by Ambassador Rice, in junction with statements by senior-level officials of the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, Bureau of Industry and Security (BIS) of the United States Department of Commerce, and National Security Council (NSC) during a 14 October 2016 background conference call coordinated by The White House, re-confirmed either a lack of appreciation or a lack of comprehension as to the practical requirements of the United States business community.

During the conference call, the senior-level official from the NSC shared "With respect to our regulatory changes, I think this -- we certainly don't rule anything out.  We are mindful of the clock.  And this is certainly likely the last significant tranche of changes."  That is not what the United States business community wanted to hear... The comment was astonishing- so with 97 days remaining on-the-job... the Obama Administration basically closes-up shop?

During the conference call, the senior-level official from the BIS shared "Since the President's announcement, we at Commerce have authorized over $6 billion of potential exports to Cuba under the new policy.  And that number has increased percentage-wise from 2015 to 2016 very significantly."

Let's focus on that US$6 billion in potential exports.  Since 17 December 2014, exports from the United States to the Republic of Cuba under provisions of the 2000 Trade Sanctions Reform and Export Enhancement Act (TSREEA) and 1992 Cuban Democracy Act (CDA)- agricultural commodity/food products and healthcare products (medical equipment, medical instruments, medical supplies, pharmaceuticals), respectively, total US$314,919,198.00 as of August 2016.... So, what does the remaining US$5,685,080,802.00 represent? 

And, most importantly, if this value represents potential exports, all of the funds received as payment would need to be transferred through third country financial institutions because the OFAC will not permit direct correspondent banking... That's approximately US$180 million in fees for financial institutions domiciled in other countries.  Which leads to the most egregious disconnect between statements and reality by the Obama Administration.

The most important, tangible, operationally significant change to OFAC regulations was, again, not included on 14 October 2016- authorizing Republic of Cuba government-operated financial institutions to have correspondent accounts with United States-based financial institutions.

Without a change to this OFAC regulation, the payment process for funds from the United States to the Republic of Cuba and from the Republic of Cuba to the United States remains triangular rather than a straight line- which would be more efficient, more timely (same day versus two or more days), and less costly.  During the 14 October 2014 conference call, the senior-level official from the OFAC refused to answer a question from a newspaper reporter as to why the regulation had not yet been changed.

An efficient means to make payment and receive payment for goods and services is a foundation of commerce and, thus of a market-based economy.  The absence, by choice, of a straight line to send and receive payments for goods and services, when a straight line is available, is commercial malpractice.

In 2015, the OFAC authorized Pompano Beach, Florida-based Stonegate Bank (2015 assets approximately US$2.5 billion) to have an account with Republic of Cuba government-operated Banco Internacional de Comercio SA (BICSA).  There is also Republic of Cuba government-operated Banco Financiero Internacional SA (BFI) which handles international payments.  Unfortunately, because BICSA (and BFI) are not permitted to have an account with Stonegate Bank, funds are sent and received through Panama City, Panama-based Multibank, which has extensive dealings with the Republic of Cuba. 

Additional effort.  Additional time.  Additional expense.  And, additional reasons for the government of the Republic of Cuba to avoid United States-based companies.

Why should Stonegate Bank, which on 13 October 2016 reported having sixty (60) United States-based companies that are or would like to engage in commercial transactions with Republic of Cuba-based entities, need to share its business (and lessen benefits to its shareholders) with a financial institution located in Panama?

Perversely, and, certainly, conspiratorial, would believe that the Obama Administration is retaining the triangular payment process as a means to inject funds into those countries within which financial institutions have been subject to substantial fines by the OFAC; thus, lessening, a bit, the financial and political sting of the penalties.   

For perspective, since December 2001, more than US$5.3 billion has been paid by the government of the Republic of Cuba to United States-based companies for agricultural commodities, food products, and healthcare products... and those funds had to be sent (and continue to be sent) through third countries (Canada, France, Spain, United Kingdom, Mexico, Germany, Panama, among others) rather than directly from the Republic of Cuba to the United States.  That's approximately US$159 million in fees paid to financial institutions located outside of the United States.  

As a result, financial institutions in other countries gained (and continue to gain) revenues from the transfers... and the government of the Republic of Cuba has both an excuse to limit their purchases from United States-based companies and a justification for aggravation as they know the triangular requirement is a policy, subject to change, rather than a law, which the Obama Administration can do nothing about.

The absurdity of the logic used by the Obama Administration is best expressed referencing the words of the officials who made them:

QUESTION: The Cubans are trying to have correspondent accounts in U.S. banks, that this is not part of the regulation.  I wonder if that's now legally possible, or is it risky….?

SENIOR ADMINISTRATION OFFICIAL:  Just so I have the question clear, am I clear that you're asking about correspondent accounts opened by Cuban financial institutions?

QUESTION:    Yes.

SENIOR ADMINISTRATION OFFICIAL:  At the present time, our regulations don’t generally authorize Cuban financial institutions to open up account relationships here in the United States.  But we have authorized a tremendous amount in prior regulatory rounds that allow Cuban financial institutions to engage with the U.S. financial system.  Most notably, we issued what's called the Cuban U-turn transaction, which allows the Cuban-related transaction to clear through the United States.  That would be a transaction that moves offshore, to one country to another, through the United States, involving a Cuban financial institution.  The only restriction is neither the beneficiary nor the originator can be a person subject to U.S. jurisdiction.

We've issued frequently asked questions and talked at a number of banking workshops, and talked about all the availability and all the great many authorizations we've introduced so that Cuban financial institutions can engage and can offload any surplus of dollars they may have accumulated through different trade -- on your first question.

SENIOR ADMINISTRATION OFFICIAL:   The only other thing I'd add is, as my colleague mentioned, we have made significant regulatory changes over the course of the last year and a half to include the change that [was] referenced with respect to the U-turn, which allows for the use of the dollar in certain international financial transactions.  At the same time, what we've seen with regulatory changes is it takes time for businesses and firms and individuals to fully understand the scope of what the authorized activity is.  And so we've seen over time the impacts grow with time as people gain a better understanding of what is now indeed authorized.”

Yes, that is a transcript… and it was painful to read… Simply put, the Obama Administration believes that United States companies have not, in 670 days, had time to fully appreciate, fully comprehend, “fully understand” the non-impact of not having direct correspondent banking agreements- because there are U-turn transactions… which do not address the issue.

One reason, although not offered during the 14 October 2016 conference call, is funds sent from a Republic of Cuba government-operated financial institution to its account at a financial institution in the United States could be subject to efforts by attorneys representing clients with Florida-granted civil judgements (approximately US$4 billion at last count) to seize funds in the account. 

Legal counsel for United States-based companies are generally unified in their position that the private sector should sort out any issues- it is not for the United States government to prevent normal bilateral financial activities.  If the OFAC authorizes the accounts and for whatever reason(s) financial institutions and United States-based companies do not choose to engage, that’s not helpful, but it should not be because the OFAC says it should not be. 

On 14 October 2016, the Obama Administration reinforced, again, to the government of the Republic of Cuba that "choices" remain rather than "prohibitions."

The Obama Administration can change regulations; it cannot change statutes- the government of the Republic of Cuba understands the difference and responds accordingly. 

Note- A surcharge (approximately 13%) placed by the government of the Republic of Cuba during the George W. Bush Administration (as a response to OFAC actions restricting the government of the Republic of Cuba from using United States Dollars for international transactions) upon converting United States Dollars into Convertible Pesos for travelers visiting the Republic of Cuba remains in place…many months after the OFAC changed regulations to permit the government of the Republic of Cuba to again use United States Dollars for international transactions and engage in U-turn transactions.  The government of the Republic of Cuba maintains that financial institutions outside of the United States are not complying with the new OFAC regulations.  This too is a problem that makes easier for the government of the Republic of Cuba to avoid engagement with United States-based companies.

The CDA's 180-day provision relating to vessels visiting the Republic of Cuba becoming a general license for all vessels is immensely helpful to the US$682 million Port at Mariel in the Republic of Cuba; and will further develop the normal (and essential) competitive relationship between United States ports, ports in the Republic of Cuba, and ports within Caribbean Sea-area countries.  That's overdue.

The new regulations relating to healthcare products are of value, but they are not landscape-changing.  They do, however, prepare a foundation for a visit (cancer treatment products and research cooperation) to the Republic of Cuba by the Honorable Joseph Biden, Vice President of the United States.

What has yet to be accomplished:

  • No expansion of agricultural imports from the Republic of Cuba;
  • No significant expansion of exports to the Republic of Cuba where the focus is not upon licensed independent businesses, but to government-operated companies;
  • Nothing on certified claims- announcing a focus on the issue;
  • Nothing on seeking the dismissal of certain civil judgements;

If the last 670 days has been President Obama adding layers to a cake, the cake representing changes to the relationship with the Republic of Cuba, then on 14 October 2016 he added more layers.... the final part, the tough part, is knowing when to add the frosting... that completes the cake... This cake needs more layers… with 95 days remaining in office, the frosting can wait.

The Obama Administration has again chosen a less-then-dynamic regulatory path, and, as a result, challenged his legacy-building efforts with the Republic of Cuba.  Legacy is about doing what's difficult, and the Obama Administration has, thus far, decided to leave, yet again, “choices” for its successor rather than only statutes that need be changed.

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