U.S. Department Of State Imposes Visa Restrictions Upon Cuban Officials & Their Families

https://www.state.gov/visa-actions-against-cuban-officials/

Visa Actions Against Cuban Officials

Press Statement

Michael R. Pompeo, Secretary of State

July 26, 2019

The Cuban government engages in exploitative and coercive labor practices while it earns money on the backs of its citizens through its overseas medical missions program.  To address this labor abuse, the Department has imposed visa restrictions on certain Cuban officials and other individuals responsible for these coercive labor practices under the Immigration and Nationality Act Section 212(a)(3)(C).  These practices include working long hours, housing in unsafe areas, and compelling Cuban medical professionals to advance the regime’s political agenda.  Such visa restrictions could include immediate family members of these individuals.

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No USDA Taxpayer Support Required: U.S. Soybean Exports To Cuba For First Five Months Of 2019 Exceed Entire Exports For Calendar Year 2018

Soybean product (soybeans, soybean oil cake) exports from the United States to the Republic of Cuba have thus far in 2019 exceeded the entire calendar year 2018, representing an increase of 14.59%

Soybean product exports to the Republic of Cuba for the period January 2019 through May 2019 were US$46,627,034.00 compared to calendar year 2018 of US$40,687,867.00. 

The Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000 re-authorized the direct export of agricultural commodities and food products from the United States to the Republic of Cuba albeit on a payment-of-cash-in-advance basis.  

Since the first exports using provisions of the TSREEA in December 2001, the Republic of Cuba has purchased more than US$6,011,335,411.00 in agricultural commodities and food products exclusive of transportation charges, bank charges, or other costs associated with exports. 

On 25 July 2019, the United States Department of Agriculture (USDA) announced a “Support Package for Farmers” valued at US$16 billion “aimed at supporting American agricultural producers while the Administration continues to work on free, fair, and reciprocal trade deals.”  Soybean products are a significant component of the Support Package as soybean product exports from the United States to the People’s Republic of China have decreased substantially: 

https://www.usda.gov/media/press-releases/2019/07/25/usda-announces-details-support-package-farmers 

LINK To Economic Eye On Cuba Report

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U.S. Department Of State Fourth Update To Cuba Restricted List Includes Second Kempinski Property & Aerogaviota

Munich, Germany-based Kempinski Hotels S.A. (seventy-five properties in thirty countries) has their second property (the first was Gran Hotel Manzana Kempinski La Habana) in the Republic of Cuba included on the Cuba Restricted List: https://www.kempinski.com/en/cayo-guillermo/cayo-guillermo-resort/ 

From The United States Department Of State: 

The Department of State is publishing an update to its List of Restricted Entities and Subentities Associated with Cuba (Cuba Restricted List) with which direct financial transactions are generally prohibited under the Cuban Assets Control Regulations (CACR). This Cuba Restricted List is also considered during review of license applications submitted to the Department of Commerce's Bureau of Industry and Security (BIS) pursuant to the Export Administration Regulations (EAR). 

DATES: The Cuba Restricted List is updated as of July 26, 2019. 

LINK To PDF Of List 

Background 

On June 16, 2017, the President signed National Security Presidential Memorandum-5 on Strengthening the Policy of the United States Toward Cuba (NSPM-5). As directed by NSPM-5, on November 9, 2017, the Department of the Treasury's Office of Foreign Assets Control (OFAC) published a final rule in the Federal Register amending the CACR, 31 CFR part 515, and the Department of Commerce's Bureau of Industry and Security (BIS) published a final rule in the Federal Register amending, among other sections, the section of the Export Administration Regulations (EAR) regarding Cuba, 15 CFR 746.2. The regulatory amendment to the CACR added § 515.209, which generally prohibits direct financial transactions with certain entities and subentities identified on the State Department's Cuba Restricted List. The regulatory amendment to 15 CFR 746.2, notes BIS will generally deny applications to export or re-export items for use by entities or subentities identified on the Cuba Restricted List. The State Department is now updating the Cuba Restricted list, as published below and available on the State Department's website (https://www.state.gov/​cuba-sanctions/​cuba-restricted-list/​). 

This update includes four additional subentities. This is the fourth update to the Cuba Restricted List since it was published November 9, 2017 (82 FR 52089). Previous updates were published November 15, 2018 (see 83 FR 57523), March 9, 2019 (see 84 FR 8939), and April 24, 2019 (see 84 FR 17228). The State Department will continue to update the Cuba Restricted List periodically. 

The publication of the updated Cuba Restricted List further implements the directive in paragraph 3(a)(i) of NSPM-5 for the Secretary of State to identify the entities or subentities, as appropriate, that are under the control of, or act for or on behalf of, the Cuban military, intelligence, or security services or personnel, and publish a list of those identified entities and subentities with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba. 

This document and additional information concerning the Cuba Restricted List are available from the Department of State's website (https://www.state.gov/​cuba-sanctions/​cuba-restricted-list/​). 

List of Restricted Entities and Subentities Associated With Cuba as of July 26, 2019 

Below is the U.S. Department of State's list of entities and subentities under the control of, or acting for or on behalf of, the Cuban military, intelligence, or security services or personnel with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba. For information regarding the prohibition on direct financial transactions with these entities, please see 31 CFR 515.209. All entities and subentities were listed effective November 9, 2017, unless otherwise indicated. 

* * * Entities or subentities owned or controlled by another entity or subentity on this list are not treated as restricted unless also specified by name on the list. * * *

State Department Updates the Cuba Restricted List

07/26/2019 10:32 AM EDT  

The State Department has updated the Cuba Restricted List to add four sub-entities owned by the Cuban military.  The changes take effect today, July 26, as Cuba celebrates more than 60 years since the start of the Cuban Revolution.  Sixty years after Castro promised to improve the lives of the Cuban people, the revolution continues to fail its people by squandering Cuba’s economic potential through mismanagement and oppressing brave Cubans that continue the fight for freedom.  The Department remains committed to ensuring U.S. funds do not directly support Cuba’s state security apparatus, which not only violates the human rights of the Cuban people, but also exports this repression to Venezuela to support the corrupt Maduro regime. 

In accordance with the June 2017 National Security Presidential Memorandum-5, “Strengthening the Policy of the United States Toward Cuba,” the U.S. government generally prohibits direct financial transactions with listed entities and sub-entities because they would disproportionately benefit the Cuban military, intelligence, and security services or personnel at the expense of the Cuban people or private enterprise in Cuba. 

For more information on the regulations prohibiting direct financial transactions with entities and sub-entities on the Cuba Restricted List, please refer to the November 2017 regulatory amendments by the Departments of the Treasury (31 CFR part 515) and Commerce (15 CFR parts 730-774). 

For further information, please contact WHA Press at WHAPress@state.gov and EB Press at EEB-A-PD-DL@state.gov

The post State Department Updates the Cuba Restricted List appeared first on United States Department of State.

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U.S. Cash-In-Advance Food/Ag Exports To Cuba Exceed US$6 Billion

In December 2001, the first agricultural commodity exports were delivered directly from the United States to the Republic of Cuba using provisions of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000. 

The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. The TSREEA does not include healthcare products, which remain authorized and regulated by the Cuban Democracy Act (CDA) of 1992. 

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA. The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

LINK To Economic Eye On Cuba Report

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U.S. Exports To Cuba Decrease 5.1% In May 2019; Remain Up 8.5% Year-To-Year; Cuba Hits US$6 Billion In Purchases

ECONOMIC EYE ON CUBA©

July 2019

US$6 Billion Exported To Cuba Since 2001- 1

May 2019 Food/Ag Exports To Cuba Decrease 5.1%- 1

Cuba Ranked of 50th of 229 U.S. Food/Ag Export Markets- 2

Cuba Year-To-Year Exports Increase 10.1%- 2

May 2019 Healthcare Product Exports US$144,860.00- 2

May 2019 Humanitarian Donations US$1,412,237.00- 3

Obama Administration Initiatives Exports Continue To Increase- 3

U.S. Port Export Data- 16 

MAY 2019 FOOD/AG EXPORTS TO CUBA DECREASED 5.1%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in May 2019 were US$27,657,057.00 compared to US$29,169,203.00 in May 2018 and US$31,720,403.00 in May 2017.   

United States exports from January 2019 through May 2019 were US$136,122,190.00 compared to US$123,585,994.00 from January 2018 through May 2018, representing an increase of 10.1%. 

Total exports of agricultural commodities and food products from the United States to the Republic of Cuba since December 2001 is US$6,011,335,411.00 through May 2019.   

The information on exports from the United States to the Republic of Cuba includes- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by 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. 

The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. The TSREEA does not include healthcare products, which remain authorized and regulated by the CDA 

LINK To Complete Report

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Recent Court Filings In Spain (Not United States) Lawsuit Against Melia Hotels International

The two most recent filings for the lawsuit filed on 29 May 2019 in Spain against Palma de Mallorca, Spain-based Melia Hotels International S.A. relating to the use by the company of expropriated property in the Republic of Cuba.   

The lawsuit is not using provisions of the 1996 Cuba Liberty and Democratic Solidarity Act (known as “Libertad Act”) although Melia Hotels International S.A. does reference the Libertad Act in its response. 

8 July 2019 on behalf of Melia Hotels International S.A. [LINK]

17 July 2019 on behalf of Central Santa Lucia L.C. [LINK]

29 May 2019 on behalf of Central Santa Lucia L.C. (original lawsuit filing) [LINK]

Libertad Act 

The Trump Administration has made operational Title III and further implemented Title IV of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).   

Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.   

Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  One Canada-based company is currently subject to this provision based upon a certified claim. 

Certified Claims Background 

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the USFCSC and have not been resolved for nearing sixty years (some assets were officially confiscated in the 1960’s, some in the 1970’s and some in the 1990’s.  The USFCSC permitted simple interest (not compound interest) of 6% per annum (approximately US$114,132,137.10); with the approximate current value of the 5,913 certified claims US$8,521,866,236.75.  

The first asset to be expropriated by the Republic of Cuba was an oil refinery in 1960 owned by White Plains, New York-based Texaco, Inc., now a subsidiary of San Ramon, California-based Chevron Corporation (USFCSC: CU-1331/CU-1332/CU-1333 valued at US$56,196,422.73).  

The largest certified claim (Cuban Electric Company) valued at US$267,568,413.62 is controlled by Boca Raton, Florida-based Office Depot, Inc.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International; the certified claim also includes land adjacent to the Jose Marti International Airport in Havana, Republic of Cuba.  The smallest certified claim is by Sara W. Fishman in the amount of US$1.00 with reference to the Cuban-Venezuelan Oil Voting Trust. 

The two (2) largest certified claims total US$449,377,207.76, representing 24% of the total value of the certified claims.  Thirty (30) certified claimants hold 56% of the total value of the certified claims.  This concentration of value creates an efficient pathway towards a settlement.   

Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 requires that an asset had a value of US$50,000.00 when expropriated by the Republic of Cuba without compensation to the original owner.  Of the 5,913 certified claims, 913, or 15%, are valued at US$50,000.00 or more.  Adjusted for inflation, US$50,000.00 (3.70% per annum) in 1960 has a 2019 value of approximately US$427,267.01.  The USFCSC authorized 6% per annum, meaning the 2019 value of US$50,000.00 is approximately US$1,649,384.54.  

The ITT Corporation Agreement 

In July 1997, then-New York City, New York-based ITT Corporation and then-Amsterdam, the Netherlands-based STET International Netherlands N.V. signed an agreement whereby STET International Netherlands N.V. would pay approximately US$25 million to ITT Corporation for a ten-year right (after which the agreement could be renewed and was renewed) to use assets (telephone facilities and telephone equipment) within the Republic of Cuba upon which ITT Corporation has a certified claim valued at approximately US$130.8 million.  ETECSA, which is now wholly-owned by the government of the Republic of Cuba, was a joint venture controlled by the Ministry of Information and Communications of the Republic of Cuba within which Amsterdam, the Netherlands-based Telecom Italia International N.V. (formerly Stet International Netherlands N.V.), a subsidiary of Rome, Italy-based Telecom Italia S.p.A. was a shareholder.  Telecom Italia S.p.A., was at one time a subsidiary of Ivrea, Italy-based Olivetti S.p.A.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International.  

TITLE III--SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED BY UNITED STATES NATIONALS. 

(a) Civil Remedy.-- (1) Liability for trafficking.--(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this title, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of-- (i) the amount which is the greater of-- (I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949, plus interest; (II) the amount determined under section 303(a)(2), plus interest; or (III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and (ii) court costs and reasonable attorneys' fees.  (B) Interest under subparagraph (A)(i) shall be at the rate set forth in section 1961 of title 28, United States Code, computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection.   

(2) Presumption in favor of the certified claims.--There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as described in subclause (I) of that clause. The presumption shall be rebuttable by clear and convincing evidence that the amount described in subclause (II) or (III) of that clause is the appropriate amount of liability under that clause. 

(3) Increased liability.-- (A) Any person that traffics in confiscated property for which liability is incurred under paragraph (1) shall, if a United States national owns a claim with respect to that property which was certified by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949, be liable for damages computed in accordance with subparagraph (C).   

(B) If the claimant in an action under this subsection (other than a United States national to whom subparagraph (A) applies) provides, after the end of the 3-month period described in paragraph (1) notice to-- (i) a person against whom the action is to be initiated, or (ii) a person who is to be joined as a defendant in the action, at least 30 days before initiating the action or joining such person as a defendant, as the case may be, and that person, after the end of the 30- day period beginning on the date the notice is provided, traffics in the confiscated property that is the subject of the action, then that person shall be liable to that claimant for damages computed in accordance with subparagraph (C).   

(C) Damages for which a person is liable under subparagraph (A) or subparagraph (B) are money damages in an amount equal to the sum of-- (i) the amount determined under paragraph (1)(A)(ii), and (ii) 3 times the amount determined applicable under paragraph (1)(A)(i).  (D) Notice to a person under subparagraph (B)-- (i) shall be in writing; (ii) shall be posted by certified mail or personally delivered to the person; and (iii) shall contain-- (I) a statement of intention to commence the action under this section or to join the person as a defendant (as the case may be), together with the reasons therefor; (II) a demand that the unlawful trafficking in the claimant's property cease immediately; and (III) a copy of the summary statement published under paragraph (8).  (4) Applicability.--(A) Except as otherwise provided in this paragraph, actions may be brought under paragraph (1) with respect to property confiscated before, on, or after the date of the enactment of this Act. 

(B) In the case of property confiscated before the date of the enactment of this Act, a United States national may not bring an action under this section on a claim to the confiscated property unless such national acquires ownership of the claim before such date of enactment.  (C) In the case of property confiscated on or after the date of the enactment of this Act, a United States national who, after the property is confiscated, acquires ownership of a claim to the property by assignment for value, may not bring an action on the claim under this section.   

(5) Treatment of certain actions.--(A) In the case of a United States national who was eligible to file a claim with the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 but did not so file the claim, that United States national may not bring an action on that claim under this section.  (B) In the case of any action brought under this section by a United States national whose underlying claim in the action was timely filed with the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 but was denied by the Commission, the court shall accept the findings of the Commission on the claim as conclusive in the action under this section. 

(C) A United States national, other than a United States national bringing an action under this section on a claim certified under title V of the International Claims Settlement Act of 1949, may not bring an action on a claim under this section before the end of the 2-year period beginning on the date of the enactment of this Act. 

(D) An interest in property for which a United States national has a claim certified under title V of the International Claims Settlement Act of 1949 may not be the subject of a claim in an action under this section by any other person. Any person bringing an action under this section whose claim has not been so certified shall have the burden of establishing for the court that the interest in property that is the subject of the claim is not the subject of a claim so certified.  (6) Inapplicability of act of state doctrine.--No court of the United States shall decline, based upon the act of state doctrine, to make a determination on the merits in an action brought under paragraph (1). 

(7) Licenses not required.--(A) Notwithstanding any other provision of law, an action under this section may be brought and may be settled, and a judgment rendered in such action may be enforced, without obtaining any license or other permission from any agency of the United States, except that this paragraph shall not apply to the execution of a judgment against, or the settlement of actions involving, property blocked under the authorities of section 5(b) of the Trading with the Enemy Act that were being exercised on July 1, 1977, as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act.

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Societe Generale Of France Is Target Of 9th Lawsuit Using Libertad Act

1:19-cv-22842-DPG Sucesores de Don Carlos Nunez y Dona Pura Galvez, Inc. v. Societe Generale, S.A.
Darrin P. Gayles, presiding

Date filed: 07/10/2019 

LINK To Filing 

Societe Generale sued for $792 million by heirs of Cuban bank seized by Castro 

Reuters

By Jonathan Stempel

10 July 2019 

(Reuters) - The family of the former owners of a Cuban bank seized by Fidel Castro’s government nearly six decades ago sued Societe Generale (SOGN.PA) for approximately $792 million, saying the French bank owes damages for circumventing U.S. sanctions against Cuba. 

In a complaint filed on Wednesday with the U.S. District Court in Miami, 14 grandchildren of Carlos and Pura Nuñez, who once owned Banco Nuñez, want to hold Societe Generale liable under U.S. law for doing business with Cuba’s central bank, which nationalized Banco Nuñez and other lenders in 1960. 

A lawyer for the plaintiffs said he believed the case was the first against a bank that allegedly “trafficked” in property expropriated by the Castro regime, since the Trump administration said in April it would begin letting U.S. nationals sue companies for such conduct. 

“Victims of the Cuban regime who had their property confiscated now have a vehicle to get justice,” Javier Lopez, the lawyer, said in an interview. “We have multiple financial institutions that we’re looking to target.”  Societe Generale did not immediately respond to requests for comment after market hours. 

The lawsuit was filed eight months after Societe Generale agreed to pay $1.34 billion and enter a deferred prosecution agreement to settle U.S. and New York regulatory charges that it handled billions of dollars of transactions related to Cuba and other countries under U.S. sanctions. 

According to the plaintiffs, Societe Generale generated hundreds of millions of dollars of fees by lending money to and processing transactions for Banco Nacional de Cuba from 2000 to 2010. 

The plaintiffs said they own a claim to 10.5% of the equity in Banco Nacional de Cuba, roughly the percentage that Banco Nuñez represented when it was seized.  Lawyers for the plaintiffs at Kozyak Tropin & Throckmorton based the $792 million damages estimate on Banco Nuñez’s $7.8 million worth at the time, plus 6% annual interest and triple damages under the Helms-Burton Act, a 1996 federal law. 

The right to sue under that law had been suspended for 23 years because of opposition from the international community and concern that U.S. courts could be overrun by lawsuits. 

Secretary of State Mike Pompeo announced the lifting of that suspension in April, to boost pressure on Havana to end Cuban support for Venezuela’s socialist president, Nicolas Maduro. 

The case is Sucesors de Don Carlos Nuñez y Doña Pura Galvez Inc v Societe Generale SA, U.S. District Court, Southern District of Florida, No. 19-22842.

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President Trump To Visit Turkey: (Bonus) A Trump Tower In Istanbul & (Challenge) A Well-Known Company May Be Sued

The Honorable Donald J. Trump, President of the United States, continues to plan for a visit to the Republic of Turkey.  Will he visit Trump Towers in Istanbul?  Cuba will be a topic.   

A goal for a two-night visit to Turkey remains for July 2019 or August 2019 (prior or subsequent to the 45th G7 Summit in Biarritz, Nouvelle-Aquitaine, France) or September 2019 prior to the United Nations General Assembly in New York City. 

During the United Nations General Assembly, President Trump anticipates high-profile bilateral meetings (formal and sideline) with leadership of Cuba, Iran, North Korea, Syria, and Venezuela (unified or bifurcated) among others. 

H.E. Recep Tayyip Erdogan, President of the Republic of Turkey since 2014, was Prime Minister from 2003 to 2014, and Mayor of Istanbul from 1994 to 1998.  President Erdogan leads the Justice and Development Party (AKP).  Primary opposition party is Republican People’s Party (CHP). 

Despite current commercial, economic and political challenges for President Erdogan, he and the 82.9 million population of Turkey remain indispensable to the multilateral interests of the United States.  

The Trump Administration remains concerned by a re-alignment of Turkey with China, Russia, India, Iran, Iraq and Syria (where Ankara will have a substantive role in the management and rebuilding of the country).   

The delay by the Brussels, Belgium-based European Union (EU) in its efforts to include Turkey as its 29th member is no longer considered by Turkey to be of immediate importance; membership has ceased to be an enticement to influence behavior.   

Turkey withdrawing from the 29-member Brussels, Belgium-based North Atlantic Treaty Organization (NATO) should not be discounted as a genuine option; Turkey could affiliate with the 125-member and 25 observer countries of the New York, New York-based Non-Aligned Movement (NAM)- Turkey would immediately have a leadership role and revitalize its global influence.    

A goal of the visit to Turkey is to project President Trump as not anti-Muslim in a country where an existing narrative is that he is anti-Muslim; with a perception by some that he separates Muslims into two groups- those who are “civilized” defined as wealthy, purchase products (particularly defense-related) from the United States, and support United States policies and those who are “uncivilized” defined as poor, do not purchase products (particularly defense-related) from the United States, and do not support United States policies. 

Venues in Turkey of interest to staff at The White House- National Security Council (NSC) and Office of Scheduling and Advance, United States Department of State, and United States Secret Service (USSS) include the capital Ankara (population approximately 5 million), the largest city Istanbul (population approximately 15 million), and Izmir (population approximately 4 million), located on the Aegean Sea coast and location of substantive photogenic archaeological sites. 

In Istanbul, the preferred primary location, President and Mrs. Trump with President and Mrs. Erdogan would visit the Blue Mosque, Hagia Sophia Museum and Basilica Cistern.  President Trump and President Erdogan might visit the Suleymaniye Hamam.  Mrs. Trump and Mrs. Erdogan may visit Topkapi Palace Museum, Suleymaniye Mosque and Grand Bazaar.  There may also be a cruise on the Bosphorus and photo opportunity at the Maiden’s Tower; and potentially a visit to one of the Prince’s Islands located in the Sea of Marmara to the southeast of Istanbul.  

The government of Turkey advocates for Air Force One to arrive at US$8 billion Istanbul Airport (IST) which commenced full operation in 2019 and is located approximately expressway 22 miles from Istanbul.  Once completed, expected to be one of the largest airports in the world with eight runways and annual capacity approaching 200 million travelers.  Turkish Airlines is reported as the largest airline in the world by number of destinations, currently 304.  Turkish Airlines is an “Airborne Embassy” and Turkish Cargo is an “Airborne Chamber of Commerce.”   

If bilateral and multilateral defense-related issues are resolved or near resolution, President Trump would have an interest in visiting a military base to reinforce the relationship of Turkey with the United States and NATO (F-35 aircraft manufactured by Fort Worth, Texas-based Lockheed Martin with components manufactured in Turkey).  If there are Patriot surface-to-air (SAM) systems manufactured by Waltham, Massachusetts-based Raytheon Company available for viewing, they would be included in any tour. 

If Turkey accepts delivery of the S-400 SAM from Moscow, Russia-based VKO Almaz-Antey, a visit by President Trump to an installation site should not be discounted as it would provide an opportunity for the President to present reasons the Patriot is superior to the S-400.   

Venue concerns are primarily focused upon (though unlikely) demonstrations- in support of the AKP and against the AKP and in support of the CHP and against the CHP.  The recently-elected mayors of Ankara (the capital) and Istanbul (the largest city in the country) are members of the CHP and each will welcome President Trump when he arrives to their respective cities.  Expect Turkey to consider temporarily closing its overland borders with Syria, Iraq, Iran, Armenia and Georgia as security precautions.  President Erdogan will desire to be perceived as a muscular democrat- tolerant to opposition yet unquestioned as to his leadership of the country.    

A most significant optical challenge for the Trump Administration is how to manage the desire of President Trump to visit the two-building Trump Towers located in the Sisli District of Istanbul.  

According to the required 2018 filing to the U.S. Office of Government Ethics, President Trump certified: “TRUMP MARKS ISTANBUL II LLC NIA 342.  Value: None (or less than $1,001).  Income Type: royalties.  Income Amount: $100,001-$1,000,000.  Value reported reflects bank account holding only.  Additional Underlying Asset: license deal with ORTADOGU OTOMOTIV TICARET AS - value not readily ascertainable. License holder, New York, NY.  Trump Marks Istanbul II LLC shareholders: 1% Trump Marks Istanbul II Corp (role- managing shareholder) and 99%- DTTM Operations LLC (role- member).”   

The property is near previously-outlined secure motorcade routes from Ataturk International Airport to the listed hotels (United States government preferred brands include Hilton, Hyatt, Marriott).  The Trump Towers are viewable from most rooms in the United States-branded properties in Istanbul.  

President Trump has been criticized for visiting properties in the United States and other countries owned/managed/licensed by The Trump Organization as the visits are perceived as a United States-taxpayer funded opportunity to provide marketing value for the personal interests of the President and his family.  Thus far, the President has not indicated that he considers such criticism to be justified; and has continued to visit properties even when there is substantial cost to United States taxpayers- golf course in Scotland, for example and no identifiable official purpose.   

Opened in 2010, Trump Towers Istanbul (http://www.trumpistanbul.com.tr/en/default.aspx) was reported as the first to be constructed on the European Continent. 

Trump Towers (Wikipedia): 

“Trump Towers, Istanbul, Sisli is a landmark in the historic city of Istanbul.  With two towers rising in Mecidiyekoy, one of the city's most vibrant areas, the property captures the utmost in luxury.  The residential tower, just under 40 stories, consists of over 200 residences, and will feature the expansive layouts, meticulous eye for design and lavish finishes synonymous with the Trump name.  Forest, city and Bosporus views will be extraordinary through the vista of floor-to-ceiling windows.   

In addition, residents will enjoy a full-service spa and fitness center, an indoor pool, a 24-hour doorman, a business center, and a vast range of additional amenities. The office tower, also 40 stories, will offer commercial luxury at its finest, with a private entrance, a beauty center, fitness area and pool for those working in the building. A luxury retail component of over 400,000-square-feet rests at the base of both towers, offering residents and visitors the best in retail and dining with personalized service incomparable to anything in Istanbul. 

A prominent tenant in the building has been: Reza Zarrab (Persian: رضا ضراب‎, Turkish: Rıza Sarraf; born 12 September 1983 in Tabriz, Iran) is a Turkey-based businessman. He has quadruple Iranian, Azerbaijani, Turkish and Macedonian citizenship.  

On 19 March 2016 he was arrested in the United States, and is accused of being a member of international criminal organization. He was charged with evading the US economic sanctions on Iran and money laundering in an alleged racket scheme to help Iran bypass the sanctions, involving ministers of the Turkish government of then prime minister and now president of Turkey, Recep Tayyip Erdoğan.   

His father, Hossein Zarrab, had a close relationship with Mahmoud Ahmadinejad, who served as the President of Iran between 2005 and 2013. The U.S. Department of Treasury accused Hossein Zarrab of violating U.S. sanctions on Iran and slapped a $9.1 million fine against him. His fine reduced to $2.3 million following his collaboration with the U.S. officials. 

Zarrab was arrested by the FBI in Miami in the US on March 19, 2016 and was accused of bank fraud, money laundering and helping the Iranian government in evading the US economic sanctions on Iran to hinder its nuclear-weapons program. His charges; conspiracy to defraud, violating the International Emergency Economic Powers Act, money laundering, and bank fraud; could bring up to 70 years in prison if found guilty in the U.S. Federal Court.” 

Issues for discussion by President Trump and President Erdogan include:  

Accepting from Iraq the children of Turkish-nationals

Accepting from Syria the children of Turkish-nationals

China (commercial relationship, Uighurs)

Continuing NATO membership

Cuba (potential lawsuit against company using Libertad Act; relationship with Venezuela)

EU Membership

F-35 Aircraft

Fethullah Gulen

Iran

Iraq

Israel

Libya

NATO membership

Natural Gas Purchases

North Korea

Oil Purchases

Prisoner Exchanges

Production Cooperation Agreement for S-500 defense system with Russia

Purchase of S-400 defense system from Russia

Removal of Turkey as a Beneficiary Developing Country (BDC) for GSP

Removed higher level United States tariffs on steel exports to the United States

Russia

Syria

Venezuela

Complete Analysis In PDF Format

OFAC Sanctions Another Company Owned By Government Of Cuba That Engages With Venezuela

United States Department of State

Washington DC

3 July 2019

The United States Curtails Cuban Support for Illegitimate Former Maduro Regime

Today, the United States removed sanctions on oil shipping company PB Tankers in response to actions it has taken to ensure that its vessels no longer were complicit in supporting the former Maduro regime. Additionally, the United States designated Cubametales, the Cuban state-run company and primary facilitator of oil imports from Venezuela, for circumventing U.S. sanctions.

The services and goods Cuba provides Venezuela continue to fuel the corruption of Maduro and his cronies and help maintain their influence over the Venezuelan people. These actions serve to squeeze the lifeline provided by Cuba that preserves Nicolas Maduro’s influence. Every drop of Venezuelan oil shipped to Cuba is traded for additional security and intelligence officers and other personnel, which further robs and impoverishes a once rich nation, denies Venezuelan sovereignty, and prolongs the suffering of the Venezuelan people.

We commend PB Tankers, which was sanctioned on April 12, 2019, for taking actions since then to ensure that its vessels are not used to prop up Maduro and his Cuban sponsors. This is a reminder that those who take concrete and meaningful actions to restore democracy in Venezuela can expect the removal of sanctions.

At the same time, the United States will continue to take action against those that seek to thwart Venezuela’s peaceful transition back to freedom and prosperity.

We call on the international community to step up pressure on Nicolas Maduro and his criminal associates. We must stand together in support of the Venezuelan people’s struggle for democracy and desire to live in dignity.

United States Department of the Treasury

Washington DC

3 July 2019 

Treasury further removes sanctions on company that has ended its involvement in Venezuelan oil shipments to Cuba 

Washington (3 July 2019) – Today, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated Cubametales, the Cuban state-run oil import and export company, for its continued importation of oil from Venezuela.  Cuba, in exchange for this oil, continues to provide support, including defense, intelligence, and security assistance, to the illegitimate regime of former President Nicolas Maduro.  Today’s action, taken pursuant to Executive Order (E.O.) 13850, as amended, targets the company for operating in the oil sector of the Venezuelan economy.   

“Maduro is clinging to Cuba to stay in power, buying military and intelligence operatives in exchange for oil.  Treasury’s sanctions on Cubametales will disrupt Maduro’s attempts to use Venezuela’s oil as a bargaining tool to help his supporters purchase protection from Cuba and other malign foreign actors,” said Treasury Secretary Steven T. Mnuchin.  “Treasury’s decision to remove restrictions on PB Tankers and unblock previously sanctioned vessels is a reminder that positive changes in behavior can result in the lifting of sanctions.” 

On October 31, 2000, the Government of Cuba solidified its investment in the oil sector of Venezuela through the Cuba-Venezuela Integral Cooperation Agreement (CIC).  Through this agreement, Venezuela exports oil to Cuba, and in return, Cuba provides assistance to several sectors of the Venezuelan economy, to include the provision of medical services, technology, and military assistance.  The goods and services Cuba provides Venezuela continue to fuel the corruption of Maduro and his associates and help maintain their control over the increasingly impoverished Venezuelan people whose oil has been shipped to Cuba in support of dictatorship.   

Since the January 28, 2019 designation of Petroleos de Venezuela, S.A. (PDVSA), the Venezuelan state-owned oil company, Cubametales and other Cuba-based entities have continued to support Maduro through oil shipments from Venezuela.   

Cubametales is based in Havana, Cuba and is responsible for guaranteeing 100 percent of imports and exports of fuels and imports of additives and basic oils for lubricants to and from Cuba.  Additionally, Cubametales has been the recipient, and charterer, of shipments of oil from Venezuela to Cuba and has expanded its operations to include non-traditionally traded oil products such as sulfur fuel and diluted crude oil.  As a part of the original CIC agreement, the agreement states that Cubametales (and its administrative manager) and PDVSA are responsible for setting the terms and conditions for PDVSA oil exports up to 53,000 barrels per day on a quarterly basis.   

As a result of today’s action, all property and interests in property of this entity, and of any entities that are owned, directly or indirectly, 50 percent or more by the designated entity, that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC.  OFAC’s regulations generally prohibit all dealings by U.S. persons or within (or transiting) the United States that involve any property or interests in property of blocked or designated persons.

Delisting of PB Tanker S.p.A 

In addition to today’s designation of Cubametales, OFAC is delisting PB Tankers S.p.A. (PB Tankers).  OFAC designated PB Tankers on April 12, 2019, for operating in the oil sector of the Venezuelan economy.  As a part of this designation, six vessels were identified as blocked property in the interest of PB Tankers; one vessel, named the Silver Point, was used to deliver oil products from Venezuela to Cuba.  Following the company’s designation, PB Tankers terminated its charter agreement with Cubametales, which had chartered the Silver Point to transport oil between Venezuela and Cuba.  Likewise, PB Tankers took additional steps to increase scrutiny of its business operations to prevent future sanctionable activity.   

Treasury recognizes the actions that PB Tankers has taken to ensure that its vessels are not complicit in propping up the illegitimate former Maduro regime in Venezuela.  As a result of today’s action, all property and interests in property, which had been blocked as a result of PB Tankers’ designation, are unblocked, and all otherwise lawful transactions involving U.S. persons and PB Tankers are no longer prohibited. 

Delistings Promote Positive Changes in Behavior 

U.S. sanctions need not be permanent; sanctions are intended to bring about a positive change of behavior.  The United States has made clear that the removal of sanctions is available for persons designated under E.O. 13692 or E.O. 13850, both as amended, who take concrete and meaningful actions to restore the democratic order, including through refusing to operate in Venezuela’s oil sector, which continues to provide a lifeline to the illegitimate regime of former President Nicolas Maduro.  

Additional Resources 

For information about the methods that Venezuelan senior political figures, their associates, and front persons use to move and hide corrupt proceeds, including how they try to exploit the U.S. financial system and real estate market, please refer to Treasury’s Financial Crimes Enforcement Network (FinCEN) advisories FIN-2019-A002, “Updated Advisory on Widespread Public Corruption in Venezuela,” FIN-2017-A006, “Advisory to Financial Institutions and Real Estate Firms and Professionals” and FIN-2018-A003, “Advisory on Human Rights Abuses Enabled by Corrupt Senior Foreign Political Figures and their Financial Facilitators.”

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Is "Economic Waterboarding" Necessary For 32 Million People? G20 Needs To Focus Upon A Resolution

Venezuela Impacts G20 And More; Resolution Should Be A Priority

Lack Of Triangular Trust Is Profound

“Hard Choices”

Closing Borders? The Syria Model

Is “Economic Waterboarding” Necessary For 32 Million People?

Five Members Of The G20 Are Primary For A Resolution

Seven Global Impacts Because Of Venezuela’s Instability

Cuba Has A Role

The Five-Step Roadmap 

Why are thirty-two million residents of Venezuela victimized by “economic waterboarding”- not once, not twice, but every day- and every hour of every day?

First, because of decisions by the government of Venezuela; that’s an inescapable conclusion.  Second, because none of the consequential actors agree as to the definition of the problem.  Third, because none of those actors will make hard choices- which may require (perhaps temporarily) separating self-interest from the interests of the dispossessed. 

The issue is not uniquely about crossing lines, red or any other color, it’s about removing boundaries which are effectually barriers to communication to solve the problem.  

Is Venezuela solvable?  Yes.  The equation required is neither linear nor one dimensional.  The solution requires decisions that optically are unpleasant.  Absent correction, what represents approximately 10% of the population of the United States will remain unwelcomed, unresponsive, unproductive and increasingly simultaneously angry and dispirited- 1,377 miles south east of Key West, Florida.  All the while atop the world’s largest proven oil reserves (Iran ranks third/fourth).    

For a resident of Venezuela, the debate among governments as to who to hold responsible, how to hold them responsible and where to hold them responsible is of far less importance than finding water, food, medication and employment.  They want a solution rather than awaiting results from a caloric-depleting gaming theory played-out by elected and appointed officials in capitals around the world- none of whom are lacking in food, clothing or paycheck.  

For the outlying governments- near and abroad, they await a population that erupts to topple the Maduro Administration; an energy-depleted population without cohesive leadership.  The hoped-for result takes time- with the outlying governments patient while the population suffers-along-to-victory.  

The lack of a sustainable trilateral trust among the United States, Venezuela and the Republic of Cuba remains profound and unless addressed will serve as the primary impediment to resolving the respective bilateral issues and ultimately the trilateral issues.  

The commercial, economic and political issues enveloping Venezuela are a global contagion impacting each member (and beyond) of the G20, G7, OAS and UN

Lack of a resolution for Venezuela continues to impact globally the a) price of crude oil b) price of natural gas c) prices of distillates (fuels and fuel oils) d) range of interest rates governments must pay, companies must pay and consumers must pay e) cost of bonds f) value of stock markets and g) decisions by country central banks.   

Why does Venezuela matter? Venezuela has the largest proven oil reserves in the world, the eighth-largest natural gas reserves in the world and has been the twenty-seventh (27th) largest gold producer in the world.  Venezuela’s population of 32 million ranks 44th among 233 countries.  As the crow flies, the capital Caracas is 2,060 miles south from Washington DC.  And, the connectively of Venezuela and Iran, with respect to how issues relating to each impact global energy markets and global political discourse, is another reason that a resolution for Venezuela is important. 

G20 members- Brazil (which shares a 1,367 mile border with Venezuela), China, Russia, Turkey and United States have defining roles in determining how costly is a resolution for each of the 32 million citizens of Venezuela- approximately four million of whom have departed the country during the last four (4) years with approximately one (1) million having departed in the last five (5) months.   

To date, the imperfect defacto consensus for Venezuela by Brazil, Venezuela, China, Russia, Turkey and the United States is 1) something needs to happen 2) absence of a resolution remains a preferred landscape; and the cost of repair and replace and hardship inflicted upon the 32 million citizens of Venezuela remains within acceptable political parameters 3) the solution must birth itself from within Venezuela, although the definition of “birth itself” is not shared by the five parties 4) there is no trust among the five 5) none of the five will publicly say that they’ve done anything wrong 6) no agreement as to the definition of the problem and what, if anything, needs to be done and 7) some members of the five take pride in advancing and/or sustaining the status quo precisely because of the indigestion and distraction and internal recrimination brought to the overseas doorstep of the United States.  Until some or all of the calculus changes, Venezuela remains a global contagion. 

Predictive modeling analysis to determine at least two outcomes is easily calculable and subject to calibration: None of the five primary actors will permit Venezuela to implode or explode.  The five primary actors are (agnostically) permissive of permitting extreme pain- a multiple-times-per-day economic waterboarding for 32 million citizens- without consistent messaging as to what the population need collectively to do for the pain to end. 

It’s about surrendering.  The question is who surrenders to whom?  The government to the governed or the governed to the government? 

Some context: The United Nations reported that of Syria’s 21 million pre-2011 population, today 13.5 million require humanitarian assistance, more than 6 million are “internally displaced” (a delicate way to convey their homes are uninhabitable; not visiting relatives or on vacation), and more than 6 million have left the country.  Turkey (population 82 million) is hosting a reported 3.6 million; Lebanon (population 6 million) is hosting 1.5 million, and Jordan (population 10 million) is hosting 1.4 million.  The cost to reconstitute what was in 2011?  Perhaps, US$50 billion to US$100 billion- another commercial opportunity.   

There were border-closing propositions debated from 2011 through 2013 where the Obama Administration would have led a coalition including Jordan, Iraq, Israel, Lebanon and Turkey to close their respective borders soon after the initial violence in Syria.  Had those propositions been adopted, the multi-year, multi-billion-dollar tragedy that has infiltrated and disrupted the European Continent may have been mitigated. 

If Jordan, Iraq, Lebanon and Turkey had closed their borders in 2011 and governments (particularly the United States) had not closed their embassies and those of Syria in other countries, the Assad Administration would have been forced to embrace a far less catastrophic strategy due to a lack of commercial, economic and political oxygen- and a robust diplomatic presence throughout the country.  What’s happened in Syria is much easier to accomplish when nearing one-in-three citizens have departed the country.   

The United Nations reported that since 2014 approximately 4 million have departed Venezuela.  If Aruba, Brazil, Colombia Curacao, Guyana, and Trinidad and Tobago had closed their borders in 2018 or 2019, the Maduro Administration, lacking commercial, economic and political value from purging the unwanted, would have chosen a less catastrophic strategy due to a lack of commercial, economic and political oxygen.      

For those countries whose borders are continuous and connected to Venezuela- Brazil, Colombia and Guyana, stability is far more paramount than is the immediate composition, the character of leadership in Caracas.  Each remain impacted by an unstable Venezuela due to impact upon energy deliveries, immigration, and political relationships.   

Colombia (population 49.85 million), sharing a 1,378 mile border with Venezuela, has been most impacted by a reported more than 1.5 million citizens of Venezuela arriving to during the last several years resulting in an increase in unemployment, depression of wages, stresses upon educational systems, impact upon social services, and an increase in crime particularly in the capital, Bogota (population 8 million).  Colombia’s borders also include Panama, Ecuador, Peru and Brazil, so the country is a point of transit for refugees seeking to travel to Peru, Bolivia, Chile and Argentina and these countries have implemented immigration policies to curb arrivals due to the same issues impacting Colombia.  According to the United States Department of State, Peru (population approximately 32.17 million) is hosting approximately 800,000 migrants/refugees from Venezuela and Ecuador (population approximately 16.65 million) is hosting approximately 260,000 migrants/refugees from Venezuela.   

Though painful for all parties, Brazil, Colombia and Guyana can still close their borders with Venezuela.  The result would expectantly lessen the duration of the Maduro Administration- but, at what societal and reputational cost?  With border closures, the problems within Venezuela would then remain within the borders of Venezuela- requiring the Maduro Administration to adopt commercial, economic and political changes or preside over a chain reaction of implosions and explosions certain to lead to unpleasant final chapter.    

The closure of borders is painful for those who are trapped, but shorter-term pain is probably preferred to longer-term generational mismanagement in providing opportunities to a population.     

Economic waterboarding has become an ever-more frequent instrument for those in government to remain in government and for those out of government to return to government and for those seeking to be the government: Afghanistan, Democratic Republic of Congo, Iraq, Israel/Palestine, Libya, Nigeria, Somalia, South Africa, South Sudan, Sudan, Syria, Yemen and Zimbabwe come to mind as reported examples. 

Another instrument of population pain is the concept of Apartheid, having its roots in segregation and subjugation by race (white on black), but has from end of the 20th century and thus far through the 21st century carried-forth defined not only by race (which has transformed in some instances to black on black particularly on the continent of Africa), but to ethnicity, political perspective, party affiliation, and religious testament.  Components of the 21st century apartheid appear in Venezuela.  Traditionally, the role of global balancer would be the purview of the United States; that opportunity does not seem to be currently viable. 

The problems inflicting Venezuela are self-inflicted due to the creation and implementation during more than twenty (20) years of policies, regulations and statutes that continue to impede export revenues, import revenues, debt servicing, and manufacturing/assembly productivity and efficiency.  The decisions of third-parties have exacerbated the self-inflicted issues, but are not their cause.       

For political leadership in Venezuela to prevail, primary focus need be upon transparency in the decision-making process, consistency in the decision-making process, and continuity in the decision-making process.  With those three imperatives, Venezuela and other countries may model outcomes so that impact is both predictable and manageable.  

The known is whatever the solution for Venezuela, the fulcrum component requires global stable pricing for crude oil so that the government of Venezuela and those who finance it (through direct/indirect lending and bond purchases) and those who manage it may project revenues and expenses.   

Before Venezuela has the means to again redevelop its manufacturing and assembly infrastructure to support the aspirations of its 32 million citizens, its companies (domestic and subsidiaries of foreign companies) require pricing for its current primary export to be stable.   

This means the United States and the Organization of the Petroleum Exporting Countries (OPEC) need to cooperate.   

One OPEC member is a member of the G20- Saudi Arabia; two OPEC Observers are members of the G20- Mexico and Russia.  

Can, however, the United States, OPEC, OPEC Observers, and the countries who import oil through the complexities of the global marketplace, denominated in United States Dollars, create global stability where sources of energy and uses of energy continue to change whether a construct of pricing, environmental focus or both?  The cooperative baseline will likely remain imperfect. 

And For Cuba?  

A resolution for Venezuela also dramatically impacts the Republic of Cuba- requiring the [Miguel] Diaz-Canel Administration to continue to accept, adapt, endure and maintain ongoing structural changes to the economic fabric and social fabric of the 800-mile archipelago for its 11.4 million citizens.   

The most consequential challenge for the government of the Republic of Cuba is how to pivot from a commercial, economic and political landscape which has existed due to non-market-based benefits provided by third-parties to a landscape which the public sector and private sector function on the basis of market-based relationships with those it exports to, imports from, and provides services.  Once achieved, the Republic of Cuba will have created an environment whereby it will have better control over the domestic direct and indirect impact of decisions by third-parties. 

Prosperity in the Republic of Cuba has not been prevented, but has been impacted because of laws, regulations and policies of the United States.  Prosperity has not revisited the Republic of Cuba primarily because the government of the Republic of Cuba remains fearful of the impact of prosperity upon the population.  There is a fear of the “lottery curse” where those who have not had money suddenly have money and they mismanage it and, in some instances, it corrupts their soul. 

First Published 30 March 2019

The Unresolved Commercial, Economic And Political Issues In Venezuela Remain A Bilateral And Multilateral Contagion 

https://www.cubatrade.org/blog/2019/3/30/the-unresolved-commercial-economic-and-political-issues-in-venezuela-remain-a-bilateral-and-multilateral-contagion 

Until there is a resolution, or the perception of a resolution to Venezuela amongst impacted constituencies, challenging will be resolve by the Trump Administration to engage the Republic of Cuba in direct bilateral negotiations about the certified claims or any other issue of substance. 

There are decisions which could be implemented in Venezuela and in the Republic of Cuba that might prompt a shift in the political compass (and calculus) of the Trump Administration from directionally limited to normal activity.  For that to happen, the Trump Administration needs to be succinct in the logic and practicality of its strategy and its messaging. 

The Trump Administration must provide assurances to Russia and China that monies owed to them by Venezuela will be repaid and that the Trump Administration will not seek to prohibit or deter companies from Russia and China from bidding on, implementing, and receiving payment from contracts in the future.

First, H.E. Juan Guaido, President of the National Assembly of Venezuela and self-declared Interim President of Venezuela, should be unequivocal in stating he will not become a presidential candidate when the next election is scheduled.  By confirming that his role is solely guiding Venezuela to its next presidential election, he would assist, but not eliminate, perceptions that he is too influenced by and beholden to interests of the United States.  His not seeking higher office removes an impediment to resolving the problems of Venezuela. 

Interim-President Guaido has limited time within which to demonstrate a landscape of control of the government of Venezuela- especially relating to the provision of services and particularly with respect to the distribution of substantial quantities of United States Dollars and other currencies located outside of Venezuela which the Trump Administration and other governments have sequestered for his control and then use on behalf of the citizens of Venezuela.  There may be a moment where citizens of Venezuela, despite support for Interim-President Guaido, decide that too many of their county’s financial resources are inaccessible unless they support President Nicolas Maduro; and the international community generally has limited patience in maintaining potentially billions of United States dollars and other currencies in perpetuity for a Maduro-less or Maduro-light government of Venezuela.  

Second, the Trump Administration has increased its usage of the phrasing “recognizing the realities on the ground” to discuss territorial issues.  The reality on the ground in Venezuela is those serving in the armed forces of Venezuela will determine whether President Maduro departs, when he departs and how he departs.  Unless there is an amnesty which includes departure from the country, if desired, and a guarantee that the United States and other countries will not pursue individuals for additional criminal or civil actions, challenging will be creating an atmosphere where members of the armed forces will support meaningful- and permanent change in Venezuela. 

Third, President Maduro, should he decide to resign and remain in Venezuela or depart for another country, would require assurances that he and his family would not be pursued for criminal and civil charges.  Perhaps, an unsettling and unappetizing possibility, but lacking such “not-go-to-jail cards and get-of-of-jail cards” the process of crisis- and the pain inflicted upon the citizens of Venezuela will continue- as will a question for those opposing President Maduro:  What is most important- President Maduro becoming Mr. Maduro or holding President Maduro accountable when he becomes Mr. Maduro?  There may not be a reasonable option to pursue both- there might be a forced choice.  Is the goal solving the problem or maintaining the problem?     

Fourth, if President Maduro departs Venezuela and the Republic of Cuba agrees to provide him with temporary or permanent housing, what should be the conditions?  Other countries who might host President Maduro include Russia, Turkey or one of the other thirteen members of the Vienna, Austria-based Organization of Petroleum Exporting Countries (OPEC).  

The Republic of Cuba would want guarantees from the United States, Organization of American States (OAS), European Union (EU), United Nations (UN) and International Criminal Court (ICC) among others that Mr. Maduro would not be sought for extradition and the Republic of Cuba would not be penalized for providing housing to Mr. Maduro.   

The United States would need to choose- the Trump Administration has defined President Maduro and what has happened within Venezuela as a [mostly] creation of the Republic of Cuba and has stated that if the Republic of Cuba withdrew its support (military and intelligence) for President Maduro, the problems of Venezuela would become those for Mr. Guaido (until a new president is elected) and supporters to repair.  

Political realities are often not binary and are multi-dimensional and lacking zero-sum definitions.  The Trump Administration will likely not inhabit the Venezuela it projects to seek in the short-term to medium-term unless there is an agreement with the Republic of Cuba- who will not agree to be blamed by the Trump Administration for what is happening in Venezuela while simultaneously being blamed if it takes a meaningful decision to change the equation to what is sought by the Trump Administration by providing safe harbor to Mr. Maduro.  Such self-imposed constraints on the Trump Administration would be challenging and equally so for members of the United States Congress.  

Fifth, if the Republic of Cuba were to agree to provide housing for Mr. Maduro, it would expectantly seek from the Trump Administration an agreement to reverse some decisions it has already taken or not implement what it has yet to do; perhaps including reinstatement to the OAS and lessening some international transaction restrictions.   

There is also logic for the Republic of Cuba to seek nothing from the Trump Administration and extract global goodwill for solving a problem which, by doing so, will result in economic pain for the Republic of Cuba.  The Republic of Cuba’s reliance on Venezuela has continued to decrease during the last four years; so, while painful, the Republic of Cuba could manage an elimination of its preferential commercial agreements.  If the Trump Administration were to then implement additional measures, they would be perceived by other countries as punitive- and the Republic of Cuba would gain leverage in the global marketplace- and in some constituencies throughout the United States.   

The primary question for the Trump Administration: President Maduro is willing to let his people suffer; is the Trump Administration willing to let his people suffer?  President Maduro has now survived past the presented expectations of the Trump Administration, so the distance between the Trump Administration obtaining everything that it wants and what is likely available continues to increase- that’s a problem for the Trump Administration.   

The likely predicted outcome for Venezuela will neither have a winner or a looser.  With President Maduro’s absence, all stakeholders will continue to endure pain while gaining or regaining what they want.  

G7, G20, OAS, EU, OPEC Membership 

G7: Canada, France, Germany, Italy, Japan, United Kingdom, and United States.   

G20: Argentina, Brazil, China, Germany, Indonesia, Japan, Republic of Korea, Russia, Turkey, United States, Australia, Canada, France, India, Italy, Mexico, Republic of South Africa, Saudi Arabia, United Kingdom, and Brussels, Belgium-based European Union (EU). 

OAS: Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, The Bahamas, Trinidad and Tobago, United States, Uruguay and Venezuela. 

EU: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland,  France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. 

OPEC: Algeria, Angola, Congo, Ecuador, Equatorial Guinea, Gabon, Iran, Iraq, Kuwait, Libya, Nigeria, Saudi Arabia, United Arab Emirates and Venezuela.  OPEC Observers: Egypt, Mexico, Norway, Oman and Russia among other countries. 

LINK To Complete Analysis In PDF Format

Four New Lawsuits Using Libertad Act Filed In Florida Against Trivago

On 24 June 2019, Coral Gables, Florida-based Rivero Mestre LLP filed additional documents in the United States District Court, Southern District of Florida (Miami) against Dusseldorf, Germany-based Trivago GMbH (2018 revenues approximately US$1.2 billion), a subsidiary of  Bellevue, Washington-based Expedia Group (2018 revenues approximately US$11.2 billion). Expedia is expected to be sued soon.  

  1. Filing

  2. Filing

  3. Filing

  4. Filing

  5. Filing

  6. Filing

  7. Filing

  8. Filing

On 18 June 2019, Rivero Mestre LLP filed a class-action lawsuit in the United States District Court, Southern District of Florida (Miami) against Trivago GmbH.   

LINK: https://www.cubatrade.org/blog/2019/6/19/trivago-subsidiary-of-expedia-becomes-fifth-title-iii-libertad-act-lawsuit 

Libertad Act 

The Trump Administration has made operational Title III and further implemented Title IV of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).   

Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.   

Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  One Canada-based company is currently subject to this provision based upon a certified claim. 

Certified Claims Background 

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the USFCSC and have not been resolved for nearing sixty years (some assets were officially confiscated in the 1960’s, some in the 1970’s and some in the 1990’s.  The USFCSC permitted simple interest (not compound interest) of 6% per annum (approximately US$114,132,137.10); with the approximate current value of the 5,913 certified claims US$8,521,866,236.75.  

The first asset to be expropriated by the Republic of Cuba was an oil refinery in 1960 owned by White Plains, New York-based Texaco, Inc., now a subsidiary of San Ramon, California-based Chevron Corporation (USFCSC: CU-1331/CU-1332/CU-1333 valued at US$56,196,422.73).  

The largest certified claim (Cuban Electric Company) valued at US$267,568,413.62 is controlled by Boca Raton, Florida-based Office Depot, Inc.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International; the certified claim also includes land adjacent to the Jose Marti International Airport in Havana, Republic of Cuba.  The smallest certified claim is by Sara W. Fishman in the amount of US$1.00 with reference to the Cuban-Venezuelan Oil Voting Trust. 

The two (2) largest certified claims total US$449,377,207.76, representing 24% of the total value of the certified claims.  Thirty (30) certified claimants hold 56% of the total value of the certified claims.  This concentration of value creates an efficient pathway towards a settlement.   

Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 requires that an asset had a value of US$50,000.00 when expropriated by the Republic of Cuba without compensation to the original owner.  Of the 5,913 certified claims, 913, or 15%, are valued at US$50,000.00 or more.  Adjusted for inflation, US$50,000.00 (3.70% per annum) in 1960 has a 2019 value of approximately US$427,267.01.  The USFCSC authorized 6% per annum, meaning the 2019 value of US$50,000.00 is approximately US$1,649,384.54.  

The ITT Corporation Agreement 

In July 1997, then-New York City, New York-based ITT Corporation and then-Amsterdam, the Netherlands-based STET International Netherlands N.V. signed an agreement whereby STET International Netherlands N.V. would pay approximately US$25 million to ITT Corporation for a ten-year right (after which the agreement could be renewed and was renewed) to use assets (telephone facilities and telephone equipment) within the Republic of Cuba upon which ITT Corporation has a certified claim valued at approximately US$130.8 million.  ETECSA, which is now wholly-owned by the government of the Republic of Cuba, was a joint venture controlled by the Ministry of Information and Communications of the Republic of Cuba within which Amsterdam, the Netherlands-based Telecom Italia International N.V. (formerly Stet International Netherlands N.V.), a subsidiary of Rome, Italy-based Telecom Italia S.p.A. was a shareholder.  Telecom Italia S.p.A., was at one time a subsidiary of Ivrea, Italy-based Olivetti S.p.A.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International.  

TITLE III--SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED BY UNITED STATES NATIONALS. 

(a) Civil Remedy.-- (1) Liability for trafficking.--(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this title, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of-- (i) the amount which is the greater of-- (I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949, plus interest; (II) the amount determined under section 303(a)(2), plus interest; or (III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and (ii) court costs and reasonable attorneys' fees.  (B) Interest under subparagraph (A)(i) shall be at the rate set forth in section 1961 of title 28, United States Code, computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection.   

(2) Presumption in favor of the certified claims.--There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as described in subclause (I) of that clause. The presumption shall be rebuttable by clear and convincing evidence that the amount described in subclause (II) or (III) of that clause is the appropriate amount of liability under that clause. 

(3) Increased liability.-- (A) Any person that traffics in confiscated property for which liability is incurred under paragraph (1) shall, if a United States national owns a claim with respect to that property which was certified by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949, be liable for damages computed in accordance with subparagraph (C).   

(B) If the claimant in an action under this subsection (other than a United States national to whom subparagraph (A) applies) provides, after the end of the 3-month period described in paragraph (1) notice to-- (i) a person against whom the action is to be initiated, or (ii) a person who is to be joined as a defendant in the action, at least 30 days before initiating the action or joining such person as a defendant, as the case may be, and that person, after the end of the 30- day period beginning on the date the notice is provided, traffics in the confiscated property that is the subject of the action, then that person shall be liable to that claimant for damages computed in accordance with subparagraph (C).   

(C) Damages for which a person is liable under subparagraph (A) or subparagraph (B) are money damages in an amount equal to the sum of-- (i) the amount determined under paragraph (1)(A)(ii), and (ii) 3 times the amount determined applicable under paragraph (1)(A)(i).  (D) Notice to a person under subparagraph (B)-- (i) shall be in writing; (ii) shall be posted by certified mail or personally delivered to the person; and (iii) shall contain-- (I) a statement of intention to commence the action under this section or to join the person as a defendant (as the case may be), together with the reasons therefor; (II) a demand that the unlawful trafficking in the claimant's property cease immediately; and (III) a copy of the summary statement published under paragraph (8).  (4) Applicability.--(A) Except as otherwise provided in this paragraph, actions may be brought under paragraph (1) with respect to property confiscated before, on, or after the date of the enactment of this Act. 

(B) In the case of property confiscated before the date of the enactment of this Act, a United States national may not bring an action under this section on a claim to the confiscated property unless such national acquires ownership of the claim before such date of enactment.  (C) In the case of property confiscated on or after the date of the enactment of this Act, a United States national who, after the property is confiscated, acquires ownership of a claim to the property by assignment for value, may not bring an action on the claim under this section.   

(5) Treatment of certain actions.--(A) In the case of a United States national who was eligible to file a claim with the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 but did not so file the claim, that United States national may not bring an action on that claim under this section.  (B) In the case of any action brought under this section by a United States national whose underlying claim in the action was timely filed with the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 but was denied by the Commission, the court shall accept the findings of the Commission on the claim as conclusive in the action under this section. 

(C) A United States national, other than a United States national bringing an action under this section on a claim certified under title V of the International Claims Settlement Act of 1949, may not bring an action on a claim under this section before the end of the 2-year period beginning on the date of the enactment of this Act. 

(D) An interest in property for which a United States national has a claim certified under title V of the International Claims Settlement Act of 1949 may not be the subject of a claim in an action under this section by any other person. Any person bringing an action under this section whose claim has not been so certified shall have the burden of establishing for the court that the interest in property that is the subject of the claim is not the subject of a claim so certified.  (6) Inapplicability of act of state doctrine.--No court of the United States shall decline, based upon the act of state doctrine, to make a determination on the merits in an action brought under paragraph (1). 

(7) Licenses not required.--(A) Notwithstanding any other provision of law, an action under this section may be brought and may be settled, and a judgment rendered in such action may be enforced, without obtaining any license or other permission from any agency of the United States, except that this paragraph shall not apply to the execution of a judgment against, or the settlement of actions involving, property blocked under the authorities of section 5(b) of the Trading with the Enemy Act that were being exercised on July 1, 1977, as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act.

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FBI Commends Cuba For Seizing Assets Of Convicted Individual

No Safe Haven

Cuba is an Unreliable Shelter for Illicit Funds 

“Individuals who believe Cuba offers a safe haven for ill-gotten financial gains should understand the nation’s current government offers no such guarantee,” said acting FBI Legal Attaché to Cuba Christopher Starrett. 

Cuba’s recent seizure of assets housed there by Orelvis Olivera is an example of what can happen to property and bank accounts that criminals attempt to illegally shelter on the island. 

Olivera, who came to the United States from Cuba in 2005, was convicted in federal court in 2014 of defrauding Medicare of nearly $8 million. On paper, Olivera’s Acclaim Home Health Inc. provided home health care and physical therapy services to Medicare beneficiaries. In actuality, according to court documents and the FBI, the firm paid bribes to patient recruiters who referred Medicare beneficiaries to the company, allowing Acclaim to bill Medicare for unnecessary services. 

“They were providing limited services,” said Special Agent Noel Gil, who worked the case with the FBI Miami Field Office, “but most of their business was fraudulent. They were also enabling more fraud by accepting kickbacks for referring Medicare recipients to other medical agencies.” 

Olivera’s sentence of six years in prison included an order to pay more than $5.7 million in restitution to the U.S. government. Much of Olivera’s illegally acquired money, however, had been invested in properties and deposited in bank accounts in Cuba before he faced criminal charges. 

Media reports noted that Olivera was able to move the money during frequent trips to Cuba and frequent visits from family members to the United States. 

Gil said it is unlikely that Olivera started to hide his money in Cuba because of any loyalty to the country; rather, he likely viewed it as a safeguard against U.S. authorities. “He was hiding his money in Cuba because he believed he could go back to his businesses and his riches,” Gil said. 

In April 2019, however, the Cuban government convicted Olivera in absentia and sentenced him to 10 years in prison for money laundering, tax evasion, forgery of public documents, and illicit enrichment, among other crimes, based on his conviction in the United States and his investments in Cuba. They also punished several individuals who supported Olivera’s businesses or enterprises with fines or prison sentences. 

Most notably, Cuban authorities seized four properties, a vehicle, and two bank accounts that Olivera had put in the names of relatives and associates in Cuba. The United States will pursue recovering assets held in Cuba as part of the ordered restitution payments. 

The FBI believes Olivera is not the only individual who has had assets seized after a conviction in the United States. “The primary takeaway,” said Starrett, “is that the Cuban government may seize assets linked to crimes and no criminal should count on reclaiming them once they are seized.” 

https://www.fbi.gov/news/stories/cuba-is-an-unreliable-shelter-for-illicit-funds-062419

 

18 New Libertad Lawsuits Expected; 6 Filed In U.S.; 1 Related Lawsuit Filed In Spain

6 Lawsuits Filed; 18 Expected Within 60 Days 

Provided by legal counsels: Previous court filings and expected court filings in United States District Courts within the next thirty (30) and sixty (60) days using Title III of The Cuban Liberty and Democratic Solidarity Act of 1996 (Libertad Act). 

Libertad Act 

Title III of the Libertad Act authorizes lawsuits in United States District Courts against companies and individuals who are using a claim where the owner of the claim has not received compensation from the Republic of Cuba or from a third-party who is using the asset.   

Title IV of the Libertad Act authorizes the United States Department of State to restrict entry into the United States by individuals who have connectivity to unresolved claims.  One company, Toronto, Canada-based Sherritt International (2018 revenue approximately US$500 million), is currently known to be subject to this provision; other companies have been impacted, but current status remains undetermined.  Since 1996, the United States Department of State has declined to provide the names of companies or individuals who have been subject to Title IV and information relating to behavioral change by companies or individuals due to pressure, but not implementation, of the use of Title IV. 

Title III Lawsuits Filed In United States  

(2 May 2019) Miami, Florida-based Carnival; Plaintiff- Havana Docks Corporation

(2 May 2019) Miami, Florida-based Carnival; Plaintiff- Javier Garcia-Bengochea

(2 May 2019) Havana, Cuba-based Corporacion Cimex; Plaintiff- Exxon Mobil Corporation

(2 May 2019) Havana, Cuba-based Union Cuba-Petroleo; Plaintiff- Exxon Mobil Corporation

(20 May 2019) Havana, Cuba-based Grupo Hotelero Gran Caribe, Corporacion de Comercio Y Turismo Internacional, Cubanacan S.A., Grupo De Turismo Gaviota S.A., Corporacion Cimex S.A., Raul Doe 1-5, and Mariela Doe 1-5; Plaintiff: Mata and Hernandez families

(18 June 2019) Dusseldorf, Germany-based Trivago GMbH (subsidiary of Bellevue, Washington-based Expedia); Plaintiff- Hernandez family 

Non-Title III Lawsuit (unjust enrichment statue) Filed In Spain

(29 May 2019) Palma de Mallorca, Spain-based Melia Hotels International; Plaintiff- Sanchez Hill family; filed in Superior Court of Palma de Mallorca, Spain  

Expected Libertad Act Filings In United States

Canada

Blue Diamond Resorts (Subsidiary of Toronto, Canada-based Sunwing Travel Group) 

France

Paris, France-based Group ADP (formerly Aeroports de Paris); Plaintiff: Lopez Regueiro family

Paris, France-based Societe Generale; Plaintiff: Nunez family  

México

Mexico City, Mexico-based Grupo Posadas 

Portugal

Lisbon, Portugal-based Pestana Management 

Spain

Tenerife, Spain-based Be Live Hotels

Palma de Mallorca, Spain-based Blau Hotels

Palma de Mallorca, Spain-based El Salado Resorts

Madrid, Spain-based Iberia Airlines

Palma, Majorca, Spain-based Iberostar Group

Palma de Mallorca, Spain-based Melia Hotels International (for properties in Holguín, Havana, Varadero, Cienfuegos and Cayo Coco among others) 

Turkey

Istanbul, Turkey-based Global Ports Holding 

United States

Fort Worth, Texas-based American Airlines

Norwalk, Connecticut-based Booking Holdings (booking.com); filing likely 18 July 2019

Atlanta, Georgia-based Delta Air Lines

Bellevue, Washington-based Expedia (hotels.com, orbitz.com, travelocity.com); filing likely 18 July 2019

Long Island City, New York-based Jet Blue Airways

Dallas, Texas-based Southwest Airlines

Chicago, Illinois-based United Airlines 

LINK: 

Libertad Act Lawsuit Filings- Part 1

Libertad Act Lawsuit Filings- Part 2 

Complete Analysis In PDF Format

Title III Lawsuits Could Impact 20 Countries 

https://www.cubatrade.org/blog/2019/2/18/title-iii-lawuits-for-cuba-expropriations-could-impact-20-countries-and-6-us-states?rq=Global%20Ports%20Holding

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Trivago (Subsidiary of Expedia) Becomes Fifth Title III Libertad Act Lawsuit

On 18 June 2019, Coral Gables, Florida-based Rivero Mestre LLP filed a class-action lawsuit in the United States District Court, Southern District of Florida (Miami) against Dusseldorf, Germany-based Trivago GMbH (2018 revenues approximately US$1.2 billion), a subsidiary of  Bellevue, Washington-based Expedia Group (2018 revenues approximately US$11.2 billion). Expedia is expected to be sued soon.

The lawsuit (1:19-cv-2259-FAM) is using Title III of The Cuban Liberty and Democratic Solidarity Act of 1996 (Libertad Act) and was referred to The Honorable Federico A. Moreno:

https://www.fjc.gov/history/judges/moreno-federico 

https://www.flsd.uscourts.gov/content/judge-federico-Moreno 

https://en.wikipedia.org/wiki/Federico_A._Moreno  

Libertad Act 

Title III of the Libertad Act authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim where the owner of the certified claim has not received compensation from the Republic of Cuba or from a third-party who is using the asset.   

Title IV of the Libertad Act authorizes the United States Department of State to restrict entry into the United States by individuals who have connectivity to unresolved certified claims.  One company is currently subject to this provision. 

Media Release: Rivero Mestre Files Helms-Burton Class Action Against Trivago 

Yesterday, Rivero Mestre LLP filed a class-action lawsuit under the Helms-Burton Act against Trivago GmbH—a subsidiary of Expedia, Inc.--for its part in the trafficking in property owned by Cuban-Americans that were wrongfully confiscated by the Castro dictatorship in Cuba in the 1960s. Concurrently with the complaint, Rivero Mestre provided notice of its intention to add U.S.-based Expedia Inc., Booking Holdings, Inc., and their respective subsidiaries and affiliates in the event those companies fail to cease their improper trafficking and compensate plaintiffs within thirty days of that notice. 

The Helms-Burton Act provides Cuban-Americans whose properties in Cuba was illegally confiscated by the 60-year Castro dictatorship a right to sue any individual or entity that wrongfully trafficked in their properties. The Act also provides for treble damages against a trafficker who has 30-days’ prior notice of the lawsuit against him. 

Andrés Rivero, Jorge A. Mestre, Carlos Rodriguez, and Ana Malave of Rivero Mestre along with their co-counsel, Manuel Vazquez P.A., seek relief for a class of U.S. nationals whose hotel properties in Cuba were wrongfully taken from them by the Castro dictatorship and subsequently exploited by various foreign hotel booking services providers—like Trivago--that actively promote and advertise bookings as wrongfully trafficked hotel properties on their websites for a profit. 

About Rivero Mestre LLP 

Rivero Mestre, with offices in Miami and New York, represents clients from investigation to verdict and appeal in complex business disputes in U.S. federal courts, state courts, and domestic and international arbitration proceedings. The firm’s practice focuses primarily on representing corporate and institutional clients in a broad range of complex commercial disputes including financial institution matters, intellectual property disputes, and litigation and arbitration relating to Latin American trade and investment.

3nd Import From Cuba Goes Mainstream- True Value Hardware, Amazon, Independent Retailers

Alabama Company Is 3rd To Import Commodity From Cuba

Available At True Value, Amazon, Independent Retailers

Obtains UPC-GTIN

Competition: US$49.95 (Alabama) & US$45.99 (Florida)

Payment Through Third Country

Does Two In Three Years Make A Trend?

In Three Years, Why Only Two Commodities- Coffee and Charcoal; Honey Next?

Failure By Obama Administration

Alabama Company Continues To Await US$100,000.00 Agricultural Machinery Export

Why Aren’t Members Of Congress Encouraging Companies To Import? 

Foley, Alabama-based GulfWise Commerce LLC (www.gulfwisecommerce.com), affiliated with Foley, Alabama-based Woerner Companies (2018 revenues exceeded US$40 million; www.woerner.com) reported the delivery in May 2019 to Port Everglades, Florida, of two (2) forty-foot containers (forty (40) metric tons; 88,185 pounds) valued at approximately US$14,000.00 of Marabú charcoal from the Republic of Cuba.  Family-owned Woerner Companies was established in 1885.   

Marabú charcoal is made from the invasive woody plant Marabú (sicklebush).  Marabú charcoal is reported as clean-burning; often used in pizza ovens and bread ovens. 

In 2018, charcoal sales in the United States were approximately US$1 billion.  The state of Missouri is the largest source of charcoal in the United States.  Approximately 98% of charcoal is produced in the eastern United States. 

Woerner Companies has obtained a Universal Product Code (UPC) and Global Trade Item Number (GTIN) which is required for national distribution channels using electronic processing. 

GulfWise Commerce LLC reported that the Marabú charcoal will be available at all five (5) Woerner stores in Alabama, Florida and Mississippi.  There are plans for Marabú charcoal to be available at most Woerner Companies’ farm operations with retail stores in Alabama, Colorado, Florida and Hawaii.  

Atlanta, Georgia-based United Parcel Service (UPS) will be the primary shipper for the Marabú charcoal sold by GulfWise Commerce LLC.  UPS would receive approximately US$$32,064.00 if all 2,672 bags were shipped using its services. 

The Woerner Companies LLC is distributing Marabú charcoal through Chicago, Illinois-based True Value Company (2018 revenues approximately US$1.5 billion) which operates more than 4,500 retail stores in sixty countries.  True Value retail stores order through True Value Corporate vendor number 9336. 

A fifteen (15) kilogram bag, equal to approximately thirty-three (33) pounds, of Marabú charcoal is US$49.95 with free shipping is available at http://woerner.com/charcoal/cuban-charcoal/details/ and at Bellevue, Washington-based Amazon: https://www.amazon.com/Carbon-Vegetal-Cuba-Marabu-Charcoal/dp/B07SNTH38C/ref=sr_1_1?keywords=cuba+charcoal&qid=1559651782&s=gateway&sr=8-1.  The father of Mr. Jeffrey P. Bezos, Founder and Chief Executive Officer of Amazon.com, Inc., is of Cuban descent.  

Loxley, Alabama-based Aloha Hospitality International [https://baumhowers.com/about-bob-baumhower/] which develops and manages Baumhower’s Victory Grille (with ten locations in Alabama) and Dauphin’s Restaurant in Mobile, Alabama, is experimenting with the Marabú charcoal.   

Washington DC-based attorney, Mr. Robert L. Muse (www.robertmuse.com), who represented GulfWise Commerce LLC in this transaction and in a previous Republic of Cuba-related transaction for the company (see page 4) remarked: “transactions, there is a perception among U.S. third-party service providers (freight handlers, etc.) that no import business with Cuba is permitted.  Their first instinct therefore is to decline to participate from concerns about violating the embargo.  The attorney’s role becomes one of assuaging their fears of getting on the wrong side of the Trading With the Enemy Act.  Tact is required because the value of these transactions is small, though they are very important precedents for future bilateral trade.  Overcoming negative risk/reward calculations on the part of US service providers is, for now at least, a key component of legal counsel’s role – and it requires confident explanations of the governing regulations.”   

Mobile, Alabama-based Page & Jones coordinated with Jacksonville, Florida-based Crowley Maritime Corporation (2018 revenues exceeded US$2 billion) to transport the Marabú charcoal from the Republic of Cuba to the United States.  The two containers were delivered to Port Everglades, Florida, and then transported by truck the 689-miles to Foley, Alabama, by Jacksonville, Florida-based Customized Trucking which is owned by Crowley Maritime Corporation.  

GulfWise Commerce LLC plans a second delivery of Marabú charcoal to be directly (623 miles) from the Port of Mariel in the Republic of Cuba to the Port of Mobile, Alabama.  The Port of Mariel is 270-miles from Port Everglades.  Such a shipment would be the first delivery of a product directly from the Republic of Cuba to the Port of Mobile in decades.     

The payment to the Republic of Cuba from GulfWise Commerce LLC for the Marabú charcoal was facilitated by the Foley, Alabama, branch of Centennial Bank, a subsidiary of Conway, Arkansas-based Home BancShares (2018 assets approximately US$14 billion).  The funds were transferred through Panama City, Panama-based Multibank, which has dealings with the Republic of Cuba due the absence of fully-operational direct correspondent banking accounts among financial institutions in the United States and the Republic of Cuba. 

Centennial Bank charges commercial customers approximately 1% of the total transaction as the fee to transfer funds from the United States to the Republic of Cuba.  Denver, Colorado-based Western Union Company charges consumers approximately US$45.00 to transfer US$14,000.00 from the United States to the Republic of Cuba; each transfer is limited to US$5,000.00 and as the transfer is from United States Dollars to CUC (Republic of Cuba Convertible Currency), there is an exchange penalty where US$1.00 equals US$.9709 CUC so total fees are approximately US$435.00.     

From Mr. Muse: “Commerce with Cuba is difficult because, in the absence of reciprocal bilateral trade agreements, every transaction is a handmade arrangement. U.S. agricultural sales are different because established regulations govern those transactions.  When it comes to facilitating Cuban-origin product imports, reciprocal treatment of agricultural products is overdue and it’s a worthwhile project for the U.S. farm lobby.  Better certainly than persisting in one-way legislative activity (e.g, credit sales of U.S. goods) that only serves to preserve a grossly distorted trade pattern that excludes from the U.S. virtually everything Cuba’s rural economy produces.” 

United States Requirements 

Products of privately-operated or cooperative farms in the Republic of Cuba are authorized by the United States for export to the United States. 

From the United States Department of State:To be eligible for import into the United States, a listed 515.582 product must be produced by independent Cuban entrepreneurs, as demonstrated by documentary evidence.  Persons subject to US jurisdiction engaging in import transactions involving goods produced by an independent Cuban entrepreneur pursuant to 515.582 must obtain documentary evidence that demonstrates the entrepreneur's independent status, such as a copy of a license to be self-employed issued by the Cuban government, or in the case of an entity, evidence that demonstrates that the entity is a private entity that is not owned or controlled by the Cuban government.”  

The transaction does not require a specific license (the transaction is authorized by general license) from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and/or Bureau of Industry and Security (BIS) of the United States Department of Commerce or authorization from the Office of Legal Adviser (OLA) at the United States Department of State.  The importer must provide documentary evidence upon entry to U.S. Customs and Border Protection (CBP) that the product was produced by "independent Cuban entrepreneurs."    LINK: https://static1.squarespace.com/static/563a4585e4b00d0211e8dd7e/t/571a837ef85082f2b527976a/1461355390324/WhatMayBeImportedFromCubaEntrepreneurs.pdf 

Obama Administration 

With the indirect importation of coffee from the Republic of Cuba in 2016, there have been only two agricultural commodities (coffee and charcoal) imported from the Republic of Cuba to the United States.  In 2016, coffee was the first agricultural commodity authorized by the United States government for importation from the Republic of Cuba: http://www.cubatrade.org/blog/2016/6/20/nespresso-to-indirectly-import-coffee-from-cuba-to-usa?rq=nespresso 

The Obama Administration could have authorized additional food products and agricultural commodities, including honey, but chose not to do so.   

The Republic of Cuba has not authorized the direct or indirect export to the United States of agricultural commodities other than coffee and charcoal, despite repeated entreaties from United States-based companies. 

Alabama Cuba Statistics 

Alabama-based companies have been exporters of food products and agricultural commodities (poultry) from the United States to the Republic of Cuba under provisions of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000. 

For the cumulative period 2010 through 2019, the Port of Mobile, Alabama, ranks 7th of thirty-seven (37) United States ports that have processed exports from the United States to the Republic of Cuba. 

In 2017, the Mobile, Alabama-based Alabama State Port Authority signed a five-year memorandum of understanding (MOU) with the National Port Administration of the Republic of Cuba. 

Members of the United States Congress representing Woerner Companies: The Honorable Richard Shelby (R- Alabama) and The Honorable Doug Jones (D- Alabama) in the United States Senate and The Honorable Bradley Byrne (R- 1st District, Alabama) in the United States House of Representatives. 

Florida Company Was First To Import Marabú Charcoal 

The first import of Marabú charcoal was in January 2016 when Hialeah, Florida-based Fogo Premium Lump Charcoal purchased two (2) twenty-foot (20ft) containers.  In July 2018, the company purchased an additional two (2) containers of Marabú charcoal.     

Through the initial transaction process, Fogo Premium Lump Charcoal reported no issues with OFAC or BIS or OLA. 

40 metric tons (88,185 pounds) of Marabú charcoal, at US$420.00 per ton, for a total value of US$16,800.00 was exported from the Republic of Cuba and delivered to Port Everglades on 18 January 2017 by Crowley Liner Services.  The wholesale price for the Marabú charcoal was approximately US$360.00 per ton. 

The initial 2,672 bags of Marabú charcoal were marketed to restaurants and sold online to consumers for US$49.95 (free shipping) per fifteen (15) kilogram/33-pound bag (US$.72 per pound) under the brand name "Fogo."  The gross revenues from initial the sales were approximately US$122,778.40.  Currently, one bag of Marabú charcoal is priced by Fogo Premium Lump Charcoal at US$45.99, but listed as “Sold Out.” 

Memphis, Tennessee-based FedEx (2018 revenues approximately US$65 billion), could have earned gross revenues of approximately US$32,064.00 if all 2,672 bags were shipped using its services.  Fogo Premium Hardwood Lump Charcoal uses FedEx. 

Charcoal sales are exempt from sales tax in the State of Florida, so neither the state nor Miami-Dade County will receive any revenue.

Marabú Charcoal Background 

Marabú charcoal is produced by worker-owned cooperatives throughout the Republic of Cuba and has been reportedly exported to six countries; opportunities are being sought in Germany and in the United Kingdom.  Approximately 40,000 metric tons to 80,000 metric tons, valued at US$14,400,00.00 to US$28,800,00.00, of Marabú charcoal are exported from the Republic of Cuba on an annual basis. 

Madrid, Spain-based Ibecosol S.L. (Ibérica de Combustibles Sólidos) has provided production and export assistance to the Republic of Cuba since 2007 at facilities located in the provinces of Ciego de Avila and Jobabo.  The company exports more than 10,000 metric tons of Marabú charcoal annually, less than optimal 25,000 metric tons annually. 

Marabú charcoal is sold by cooperatives to a local packager, which sells it on to Republic of Cuba government-operated CubaExport (http://www.gecomex.cu/index.php/en/site/verEntidad.html?sigla=+CUBAEXPORT).  The local packager and CubaExport each take a 1% to 2% commission, according to Ms. Isabell O'Reilly, General Director of CubaExport.  The export contract with Fogo Premium Hardwood Lump Charcoal was signed by Ms. Aurelio Mollineda, Director of Republic of Cuba government-operated Gecomex, a subsidiary of CubaExport.  CubaExport reports that it hopes to add honey to authorized exports to the United States. 

Other Republic of Cuba government-operated companies engaged in the production of Marabú charcoal include Empresa de Flora y Fauna, Corporacion Cimex, Citricos Caribes, and Alcona. 

GulfWise Continues To Await US$100,000.00 Agricultural Machinery Sale 

On 31 March 2016, GulfWise Commerce LLC received a license from the BIS to export to the Republic of Cuba advanced planting and harvesting equipment valued at US$108,184.00.  The BIS application was submitted at the end of January 2016.  LINK: https://www.cubatrade.org/blog/2016/4/4/the-woerner-companies-of-alabama-becomes-first-us-company-to-export-agricultural-equipment-to-cuba?rq=Gulfwise 

In 2014, GulfWise Commerce LLC initiated a dialogue with researchers at the University of Matanzas regarding multiple agriculture production issues in the Republic of Cuba.  That dialogue led to an assessment of specialized equipment needed and to subsequent negotiations for a possible sale, which led to an application to the BIS.   

Representatives of GulfWise LLC and The Woerner Companies made five (5) visits to the Republic of Cuba; the first in 2012.  Two representatives of the Indio Hatuey Research Station visited Alabama in 2015.  The purchase agreement was negotiated in late 2015 and agreement-in-principle was concluded in January 2016. 

The purchaser of the equipment was Republic of Cuba government-operated Tecnotex SA for use by the Republic of Cuba government-operated Indio Hatuey Research Station, a Matanzas, Republic of Cuba-based agricultural research institution.  Tecnotex SA (affiliated with the Revolutionary Armed Forces of the Republic of Cuba (FAR)) imports equipment, technology, and construction materials.   

There are two principal pieces of equipment: (a) Rear load Sprig Harvester, 42 in. with hook chain with box carrier attachment valued at US$49,962.00 and (b) Sprigmaster Broadcast with 12 sides, spring loaders and swivel coulters valued at US$51,944.00.  Supporting parts and equipment include: (a) Gear boxes and Ogura clutch (for the Sprigger); (b) Multiple power belts; (c) Hydraulic motors; (d) Multiple Harvester teeth; and (e) Assorted miscellaneous parts are valued at US$6,278.00.  The estimated weight of the shipment will be approximately 18,000 pounds. 

The equipment, manufactured in Alabama and expected to be delivered in 2016 through the Port of Mobile, Alabama, was to assist in establishing grass-covered areas for purposes ranging from erosion control to the creation of pasturage and the establishment or improvement of parks and recreational areas, such as playgrounds and sport facilities. 

Significant about the transaction is the decision by the government of the Republic of Cuba to not focus upon a United States-based multinational (for example, Illinois-based Caterpillar or Illinois-based John Deere), but rather have the first export to the Republic of Cuba of durable (non-healthcare-related) commercial equipment be from a private company. 

Mr. Robert L. Muse, the Washington, DC-based attorney who represented GulfWise Commerce LLC in the BIS licensing process, said the significance of the transaction is “… the government of Cuba clearly rewarded the patient efforts of a privately-owned company willing to invest the time to identify and fill the needs of Cuba’s rapidly changing rural economic landscape.” 

NOTE: Tecnotex SA is now on the Cuba Restricted List (CRL) published by the United States Department of State.  Entities on the CRL are deemed to be affiliated with the Revolutionary Armed Forces of the Republic of Cuba (FAR).  Individuals subject to United States jurisdiction are restricted/prohibited from transactions with entities on the CLR list.  The inclusion of Tecnotex SA in the CRL complicates efforts to export agricultural equipment from the United States to the Republic of Cuba.   

Charcoal Import From Cuba Will Impact Florida & FedEx 

https://www.cubatrade.org/blog/2017/1/5/charcoal-joins-coal-to-become-second-commodity-exported-from-cuba-to-the-united-states?rq=charcoal 

Fogo In Florida Confirms 2nd Charcoal Purchase From Cuba; Two 20ft Containers 

https://www.cubatrade.org/blog/2018/10/23/fogo-in-florida-reports-2nd-charcoal-purchase-from-cuba-two-20ft-containers?rq=charcoal

LINK To Complete Analysis In PDF Format

UK Embassy In Havana To Award US$12,583.85 To Organizer Of One-Day Business Seminar

https://www.gov.uk/government/news/call-for-bids-seminar-on-challenges-and-opportunities-of-doing-business-with-cuba 

Call for bids: seminar on challenges and opportunities of doing business with Cuba  

British Embassy Havana announces the call for bids for the ‘seminar on challenges and opportunities of doing business with Cuba’ for the financial year 2019-20.  

Overview 

The British Embassy in Havana has been allocated £10,000 of project funds for the UK financial year 2019-20 (April 2019 to March 2020) by the Foreign and Commonwealth Office (FCO) in London, to develop a roundtable between representatives of British business and the Cuban government where the risks and challenges of the Cuban market could be discussed. 

The event would identify potential policy changes that might minimise the risks and maximise the opportunities of doing business in the island. The Cuban government representatives would outline the changes in the newly approved Constitution which are relevant to business, and areas where new legislation and directives might make trade and investment in Cuba easier. 

The event would be a one-day forum, officially hosted by a Cuban minister in a plenary session that would also include further discussions of the challenges and opportunities in specific target sectors, to be agreed. The ideal date for the forum to take place within the w/c 9 December. 

Bidding process 

The British Embassy is running this competitive bidding process and its Cuba Programme Board will select the proposal that is of high quality and ensures better delivering of value for money. The project idea should have concrete actions, objectives and measurable policy outcomes. 

All bidders will be advised if their proposal has been accepted or not for implementation. When approved, the British Embassy in Havana will ask the successful bidder for further due diligence information, and to sign a contract or grant agreement. 

The successful bidder would also work with the British Embassy in Havana to ensure the participation of a Cuban Government Minister. 

Who may bid? 

Eligibility criteria 

In order to be eligible, your organization or agency must be a legal entity, not-for-profit or commercial company, a registered non-governmental (NGO) or governmental organization, an academic or research institution, and must demonstrate that it has: previous experience in delivering and managing projects, preferably previous experience working with international agencies/organizations, proof of legal registration, sufficient technical, financial, human and logistical capacity to deliver the project being proposed, the capacity to deliver at least 85% of the proposed project activity by mid-December 2019 

How to bid? 

Your proposal should include the followings forms: Project Proposal Form for projects under £10,000; A fully developed Activity-Based Budget (financial breakdown) 

Please send all project documents to Ileana Carreño, Projects and Prosperity Officer at the British Embassy in Havana: ileana.carreno@fco.gov.uk, 72142225 / 52115374 

In the subject line of the email please indicate “Business Environment Seminar proposal” and please include in the body of the message a brief reference to your organization and the capacity of delivery.

The deadline for submission of project proposals is close of business Monday 29 July, 2019. But we will appreciate if you could send your proposal earlier.

EU pledges economic cooperation with Cuba amid stiffer US sanctions

Source: Xinhua Published: 2019/6/22  

The European Union (EU) on Friday pledged to continue expanding economic cooperation with Cuba amid stepped-up US trade sanctions against the island.

The EU will "continue to support Cuba's commitment to having a favorable investment environment for European businesses and to explore joint initiatives in high-profile sectors for the country's economy," Neven Mimica, European Commissioner for International Cooperation and Development, told reporters in Havana.

Mimica, senior Cuban officials and more than 100 business owners participated Friday in the first Cuba Business Forum, an initiative that seeks to bring greater foreign capital to the Caribbean nation and to offer certainty to current and future investors.  The high-ranking EU official was here on a three-day official visit to review how bilateral cooperation supported Cuba's sustainable development and particularly its economic modernization.

Mimica announced an additional 4 million euros to establish a Unique Foreign Investment Window to facilitate new ventures and commerce in Cuba.  "Our cooperation with Cuba has surpassed 100 million euros this year and we have engaged in bilateral talks in different sectors such as agriculture, renewable energy, economic modernization and climate change," the envoy said.

Mimica reiterated the EU's condemnation of the half-century US trade embargo against Cuba as well as recent trade and travel restrictions imposed by the US administration.  The bloc strongly condemned the unilateral extraterritorial measures imposed by Washington in violation of international law, and is concerned about the negative impact that recent restrictions might have on the Cuban economy, said Mimica.

In May the US State Department enacted Title III of the Helms-Burton Act against Cuba, allowing US citizens to sue Cuba on nationalized or expropriated properties after 1959. The move put companies operating on properties confiscated by the Cuban government at risk of lawsuits.  The EU's position is "firm" in rejecting the move. Its 28 member states have "antidote laws" in case a US court imposes fines, said the official.

Trade between the bloc and Havana reached 2.6 billion US dollars last year. The EU is also Cuba's leading foreign investor, with projects in such key sectors as infrastructure, renewable energy, transport, food and agriculture.  Over 35 percent of the island's trade is with EU nations, mainly Spain, France and Italy, according to Cuba's official figures.

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Melia Hotels International Sued In Spain By United States Descendants Of Property Owner

Descendants of Mr. Rafael Lucas Sanchez Hill have filed a lawsuit in Spain seeking US$10 million from Palma de Mallorca, Spain-based Melia Hotels International SA.  The lawsuit is not using provisions of Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).  The descendants reside in the United States.

Mr. Nicholas J. Guttierez, of Coral Gables, Florida-based Nicolas Gutierrez Enterprises, LLC, serves as a consultant to the Sanchez Hill plaintiffs and to approximately six (6) other parties expected to soon file lawsuits in the state of Florida using Title III of the Libertad Act against hotel management companies operating in the Republic of Cuba.

LINK To Court Filing In Spain

LINK To Melia Hotels International Press Dossier  

LINKS To Articles 

https://www.elconfidencial.com/empresas/2019-06-10/sanchez-hill-demanda-melia-hoteles-helms-burton_2061326/ 

https://www.miamiherald.com/news/nation-world/world/americas/cuba/article231563403.html 

https://www.cubanet.org/noticias/familia-sanchez-hill-demanda-melia-10-millones-euros/ 

https://www.radiotelevisionmarti.com/a/los-s%C3%A1nchez-hill-una-familia-cubana-demanda-a-gigantes-hoteleras-meli%C3%A1-y-blau/238037.html 

http://www.diariodecuba.com/cuba/1556439658_46025.html 

https://babalublog.com/2019/05/02/may-2-cuban-property-lawsuits-unleashed/ 

https://havana-live.com/the-descendants-of-a-cuban-family-asks-melia-for-compensation-of-at-least-10-million-euros/ 

https://elcierredigital.com/turismo-y-viajes/718586180/melia-Cuba-demanda-Castrismo-embargo.html 

Libertad Act 

The Trump Administration has made operational Title III and further implemented Title IV of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).   

Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.   

Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  One Canada-based company is currently subject to this provision based upon a certified claim. 

Certified Claims Background 

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the USFCSC and have not been resolved for nearing sixty years (some assets were officially confiscated in the 1960’s, some in the 1970’s and some in the 1990’s.  The USFCSC permitted simple interest (not compound interest) of 6% per annum (approximately US$114,132,137.10); with the approximate current value of the 5,913 certified claims US$8,521,866,236.75.  

The first asset to be expropriated by the Republic of Cuba was an oil refinery in 1960 owned by White Plains, New York-based Texaco, Inc., now a subsidiary of San Ramon, California-based Chevron Corporation (USFCSC: CU-1331/CU-1332/CU-1333 valued at US$56,196,422.73).  

The largest certified claim (Cuban Electric Company) valued at US$267,568,413.62 is controlled by Boca Raton, Florida-based Office Depot, Inc.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International; the certified claim also includes land adjacent to the Jose Marti International Airport in Havana, Republic of Cuba.  The smallest certified claim is by Sara W. Fishman in the amount of US$1.00 with reference to the Cuban-Venezuelan Oil Voting Trust. 

The two (2) largest certified claims total US$449,377,207.76, representing 24% of the total value of the certified claims.  Thirty (30) certified claimants hold 56% of the total value of the certified claims.  This concentration of value creates an efficient pathway towards a settlement.   

Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 requires that an asset had a value of US$50,000.00 when expropriated by the Republic of Cuba without compensation to the original owner.  Of the 5,913 certified claims, 913, or 15%, are valued at US$50,000.00 or more.  Adjusted for inflation, US$50,000.00 (3.70% per annum) in 1960 has a 2019 value of approximately US$427,267.01.  The USFCSC authorized 6% per annum, meaning the 2019 value of US$50,000.00 is approximately US$1,649,384.54.  

The ITT Corporation Agreement 

In July 1997, then-New York City, New York-based ITT Corporation and then-Amsterdam, the Netherlands-based STET International Netherlands N.V. signed an agreement whereby STET International Netherlands N.V. would pay approximately US$25 million to ITT Corporation for a ten-year right (after which the agreement could be renewed and was renewed) to use assets (telephone facilities and telephone equipment) within the Republic of Cuba upon which ITT Corporation has a certified claim valued at approximately US$130.8 million.  ETECSA, which is now wholly-owned by the government of the Republic of Cuba, was a joint venture controlled by the Ministry of Information and Communications of the Republic of Cuba within which Amsterdam, the Netherlands-based Telecom Italia International N.V. (formerly Stet International Netherlands N.V.), a subsidiary of Rome, Italy-based Telecom Italia S.p.A. was a shareholder.  Telecom Italia S.p.A., was at one time a subsidiary of Ivrea, Italy-based Olivetti S.p.A.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International.  

TITLE III--SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED BY UNITED STATES NATIONALS. 

(a) Civil Remedy.-- (1) Liability for trafficking.--(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this title, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of-- (i) the amount which is the greater of-- (I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949, plus interest; (II) the amount determined under section 303(a)(2), plus interest; or (III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and (ii) court costs and reasonable attorneys' fees.  (B) Interest under subparagraph (A)(i) shall be at the rate set forth in section 1961 of title 28, United States Code, computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection.   

(2) Presumption in favor of the certified claims.--There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as described in subclause (I) of that clause. The presumption shall be rebuttable by clear and convincing evidence that the amount described in subclause (II) or (III) of that clause is the appropriate amount of liability under that clause. 

(3) Increased liability.-- (A) Any person that traffics in confiscated property for which liability is incurred under paragraph (1) shall, if a United States national owns a claim with respect to that property which was certified by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949, be liable for damages computed in accordance with subparagraph (C).   

(B) If the claimant in an action under this subsection (other than a United States national to whom subparagraph (A) applies) provides, after the end of the 3-month period described in paragraph (1) notice to-- (i) a person against whom the action is to be initiated, or (ii) a person who is to be joined as a defendant in the action, at least 30 days before initiating the action or joining such person as a defendant, as the case may be, and that person, after the end of the 30- day period beginning on the date the notice is provided, traffics in the confiscated property that is the subject of the action, then that person shall be liable to that claimant for damages computed in accordance with subparagraph (C).   

(C) Damages for which a person is liable under subparagraph (A) or subparagraph (B) are money damages in an amount equal to the sum of-- (i) the amount determined under paragraph (1)(A)(ii), and (ii) 3 times the amount determined applicable under paragraph (1)(A)(i).  (D) Notice to a person under subparagraph (B)-- (i) shall be in writing; (ii) shall be posted by certified mail or personally delivered to the person; and (iii) shall contain-- (I) a statement of intention to commence the action under this section or to join the person as a defendant (as the case may be), together with the reasons therefor; (II) a demand that the unlawful trafficking in the claimant's property cease immediately; and (III) a copy of the summary statement published under paragraph (8).  (4) Applicability.--(A) Except as otherwise provided in this paragraph, actions may be brought under paragraph (1) with respect to property confiscated before, on, or after the date of the enactment of this Act. 

(B) In the case of property confiscated before the date of the enactment of this Act, a United States national may not bring an action under this section on a claim to the confiscated property unless such national acquires ownership of the claim before such date of enactment.  (C) In the case of property confiscated on or after the date of the enactment of this Act, a United States national who, after the property is confiscated, acquires ownership of a claim to the property by assignment for value, may not bring an action on the claim under this section.   

(5) Treatment of certain actions.--(A) In the case of a United States national who was eligible to file a claim with the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 but did not so file the claim, that United States national may not bring an action on that claim under this section.  (B) In the case of any action brought under this section by a United States national whose underlying claim in the action was timely filed with the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949 but was denied by the Commission, the court shall accept the findings of the Commission on the claim as conclusive in the action under this section. 

(C) A United States national, other than a United States national bringing an action under this section on a claim certified under title V of the International Claims Settlement Act of 1949, may not bring an action on a claim under this section before the end of the 2-year period beginning on the date of the enactment of this Act. 

(D) An interest in property for which a United States national has a claim certified under title V of the International Claims Settlement Act of 1949 may not be the subject of a claim in an action under this section by any other person. Any person bringing an action under this section whose claim has not been so certified shall have the burden of establishing for the court that the interest in property that is the subject of the claim is not the subject of a claim so certified.  (6) Inapplicability of act of state doctrine.--No court of the United States shall decline, based upon the act of state doctrine, to make a determination on the merits in an action brought under paragraph (1). 

(7) Licenses not required.--(A) Notwithstanding any other provision of law, an action under this section may be brought and may be settled, and a judgment rendered in such action may be enforced, without obtaining any license or other permission from any agency of the United States, except that this paragraph shall not apply to the execution of a judgment against, or the settlement of actions involving, property blocked under the authorities of section 5(b) of the Trading with the Enemy Act that were being exercised on July 1, 1977, as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act.

LINK To Complete Report

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Private Jets To Cuba? Not So Easy Anymore; But, Possible.

Private Jet Travel To Cuba Was Plunging Before The New Restrictions 

Doug Gollan

Contributor

Forbes Magazine

June 2019 

Boats & Planes I write about private aviation and the business of luxury travel  

It doesn’t look like new travel restrictions to Cuba will have much impact on private jet travel, mainly because the market seems to have been in a free fall that started shortly after the initial hype that surrounded the easing of access to the island. 

Data from Wing-X, an aviation research firm shows that after a 26% drop in flights from 2017 to 2018, so far this year flights by private aircraft registered in the U.S. had fallen another 18% in the first four months. This past April there were just 20 flights to Cuba with U.S. registered private jets. 

In January 2017 there were 50 flights, and during the first four months, 187 movements compared to 115 so far in 2019, a drop off of nearly 40% during the past two years. 

It’s a big turnaround for several years ago when like cruise lines and commercial airlines, the private aviation sector was expecting a surge in demand. In fact, an archives search of Aviation International News shows a more than a half dozen stories about private aviation providers gearing up for demand, including big players such as Wheels Up, JetSuite, Priester Aviation, PlaneSense and Jet Aviation. 

A change in 2015 enabled Part 91 private aircraft (used exclusively for the owner’s needs and without the ability to charge passengers) to remain in Cuba for up to seven days. A similar provision for Part 135 charter aircraft in 2016 along with the people-to-people exception for travel spurred the interest. Previously crews and aircraft could only stay one night meaning for longer stays you would have to pay ferry fees to fly the empty aircraft out after dropping you off and then fly empty back to pick you up. 

At the time, AIN reported the new rule “removes certain financing restrictions for many authorized exports, eases limits on certain authorized transactions and further relaxes restrictions on exports and reexports of items necessary for safety of civil aviation, among other changes.” 

The largest operators of flights to Cuba so far this year were Aero Jet Aviation with 16 flights, NetJets with 10, Skyservice Business Aviation, a Canadian operator, with eight flights, and Flexjet with just seven flights. In fact, Medway Air Ambulance, with just six flights, ranked sixth in movements. 

Whether any of the travel that was taking place on U.S. registered private jets shifts to aircraft registered in other countries remains to be seen, however, year-to-date, Wing-X data shows American aircraft represented 56% of flights to the island. 

Canada was a distant second with just 14 flights by its private jets visiting Cuba this year, Spain was third with two flights and no other country had more than a single flight by private aircraft on their registry, although there were 69 flights from countries that were not disclosed. 

A spokesperson for the National Business Aviation Association said the trade group had yet to issue an advisory to its members, and for the most part, private aviation providers were hesitant to discuss the new rules. 

“It’s not the type of story we really want to be quoted in,” one executive of a major operator told me. He said that after an initial burst of interest, there had been a steep decline, and he said he wasn’t sure the last time his company had operated a flight to Cuba. 

Another charter operator said, “We are still working through the Cuba details internally and we have not made any final decisions or public announcements.”   

Who can still fly to Cuba by private jet? 

There are exceptions, so private travel by U.S. registered private aircraft isn't completely shut down. For example, there is an exemption if travel arrangements and funds had been transferred prior to the June 4th announcement. That could mean that a private aviation customer who had already made and paid for ground arrangements prior to the ban could possibly get an exemption. Also, for customers of jet cards who prepay for their travel, would that count as an exemption? It's hard to tell. 

Universal Weather and Aviation on its website reports, passengers on Part 135 operated aircraft must comply with OFAC’s travel restrictions and must fall into a dozen categories, including family visits, official government business, journalistic activities, professional research and professional meetings, educational activities, religious activities, public performances, such as athletic competitions, support of the Cuban people, humanitarian projects, and activities of research or educational institutes. 

A Department of Commerce spokesperson would only say, “Although subject to a general policy of denial, (The department’s Bureau of Industry and Security) will carefully review any applications received involving use of an aircraft or vessel in support of humanitarian or faith-based activities.” 

That said, it seems like interest to travel to Cuba by private jet had been dwindling since shortly after what was an initial surge. 

Doug Gollan is Editor-in-Chief of DG Amazing Experiences, a weekly e-newsletter for private jet owners and Private Jet Card Comparisons, a buyer's guide comparing over 250 jet card programs.

Cuba Lobbyist Works? President Trump To Participate In Oval Office Meeting With MLB To Discuss "Human Trafficking"

Today at 3:00 pm in the Oval Office, The Honorable Donald J. Trump, President of the United States, “participates in a meeting on Major League Baseball’s efforts to combat human trafficking.” 

One confirmed participant was Mr. Rob Manfred, Commissioner of New York, New York-based Major League Baseball (MLB).

UPDATE: On 20 July 2019, MLB confirmed that Mr. Mariano Rivera, a retired player for the New York Yankees baseball team, participated in the meeting at The White House and met with President Trump.

UPDATE: As of 15 June 2019, neither The White House nor MLB have released the names of participants scheduled to attend the meeting in the Oval Office. MLB has not issued a statement relating to the meeting with the President.

UPDATE: Late in the evening of 11 June 2019, The White House issued the following statement: “Major League Baseball Commissioner Manfred met with President Trump to discuss the Administration’s policy on Cuba and MLB’s recent efforts to curtail human trafficking in Cuba. The United States supports efforts to end the scourge of human trafficking, including from Cuba.  The Administration will continue to hold the  Cuban regime accountable for its direct role in the trafficking of its citizens from the island. The Administration looks forward to finding productive ways to work with MLB to help the people of Venezuela, a country that has a rich history with MLB but has been destabilized by Cuba’s interference.”

UPDATE: On 19 June 2019, The Washington Post reported that the meeting was for “more than two hours”. However, The White House reported that the President was to participate in a 3:00 pm event with the winner of the 103rd Indianapolis 500 automobile race; his remarks commenced at 4:19 pm according to a transcript of the event.

The meeting is likely a result of a decision by MLB to retain Washington DC-based Ballard Partners to lobby [LINK To Filing] on “issues related to combating human trafficking.”  A Lobbying Disclosure Act of 1995 filing with the United States Congress on 8 May 2019 listed Mr. Brian Ballard and Mr. Sylvester Lukis as lobbyists.  The filing did not disclose payments to Ballard Partners.  

LINKS To Previous Analysis:

OFAC Responds To Major League Baseball Proposal For Players From Cuba 

7 April 2019 Tweet from The Honorable John R. Bolton, Assistant to the President for National Security Affairs: “Cuba wants to use baseball players as economic pawns—selling their rights to Major League Baseball.  America’s national pastime should not enable the Cuban regime‘s support for Maduro in Venezuela.”  

5 April 2019 letter [LINK] from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury to New York, New York-based Major League Baseball (MLB).  

https://www.cubatrade.org/blog/2019/4/9/ofac-responds-to-major-league-baseball-proposal-for-players-from-cuba?rq=MLB 

MLB Might Consider Three Options To Obtain Support For Agreement With Cuba 

https://www.cubatrade.org/blog/2019/1/11/mlb-might-consider-three-options-to-obtain-support-for-agreement-with-cuba?rq=MLB 

Another Obama (Ben Rhodes) Administration Legacy Decision Harms Major League Baseball 

https://www.cubatrade.org/blog/2018/12/20/uppblm8km7qmk28ly7ilzjz7xgty54?rq=MLB

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