Remarks By President Trump At Meeting On Venezuela

Office of the Press Secretary

FOR IMMEDIATE RELEASE  

September 25, 2019

REMARKS BY PRESIDENT TRUMP IN A MULTILATERAL MEETING ON THE BOLIVARIAN REPUBLIC OF VENEZUELA
 
InterContinental New York Barclay
New York, New York
10:16 A.M. EDT

PRESIDENT TRUMP:  Thank you very much.  Are you ready?  Ready?  Thank you very much.  Thank you. I'm honored to be here today among so many terrific leaders dedicated to the future of democracy, prosperity, and freedom for the people of Venezuela.  We are behind you. 
 
For this deeply important event, we are grateful to be joined by Secretary Mike Pompeo, Secretary Steve Mnuchin, Secretary Wilbur Ross, and Administrator Mark Green.  Thank you all for being here.  Thank you very much.
 
I want to extend my profound appreciation to every representative with us from across the Western Hemisphere.  Each of you is part of a historic coalition of 55 countries that recognize the legitimate constitutional government of Venezuela.  We are especially grateful to be joined by representatives of the people of Argentina, Brazil, Colombia, Chile, Ecuador, and Peru, for their leadership and assistance in the face of an unprecedented political, economic, and humanitarian disaster, which has been going on for a long time.  And we're helping a lot.  We're helping a lot. 
 
Let me also recognize two leaders from the government of Venezuela's legitimate interim government, Presidential Commissioner for Foreign Affairs, Julio Borges.  Where's Julio?  Julio?  Please, stand up, Julio.  Great.  Thank you very much.  Thank you.  (Applause.)  And Venezuela's Ambassador to the United States, Carlos Vecchio.  Where's Carlos?  Thank you, Carlos.  Please.  (Applause.)  It's very nice.  Thank you. 
 
As everyone in this room knows, the situation in Venezuela is a tragedy of historic proportions.  The Maduro regime does not care about the welfare of their own people.  They care about their own power.  It's what they want, is power and money.  They want the money, too -- not just power.  Socialism has destroyed what was once among the most prosperous countries anywhere in the world.  You go back 20 years ago and you look: one of the wealthiest countries in the world, relatively speaking.  And now, they don’t have water, they don’t have food, they don’t have medicine, they don’t have anything.
 
Today, Venezuelans are starving and they're dying from lack of medicine, doctors, help.  According to U.N. Human Rights Commissioner, Maduro's Cuban-trained death squads have murdered up to 10,000 Venezuelans, and they think that number is extremely low.  Citizens since -- all since 2018.  That's over a very short period of time.  These atrocities are an outrage to all and everything that we hold dear.
 
As President of the United States, I am committed to the future of stability, prosperity, and liberty for Venezuela.  We will stand with the Venezuelan people every single day until they are finally freed from this horrible and brutal oppression.  They will be freed.  It will happen. Our first objective is to ensure a peaceful and constitutional transition, paving the way for free and fair elections.  That's why we, at the United States, and in the United States, are doing everything we can to isolate Maduro and his cronies.
 
Over the past year, the U.S. Treasury Department has imposed very tough sanctions to prevent Maduro and his enablers from accessing the U.S. financial system.  Last month, I issued an executive order to completely freeze the assets of the Maduro regime in the United States.  Our sanctions have been tightly focused on closing down every avenue by which Maduro sustains his criminal and totalitarian rule.  And he has been vicious, he's been corrupt.  He's been as bad as you get.
 
At the same time, we have undertaken significant efforts to ensure that the Venezuelan people have access to food, medicine, and other humanitarian supplies, despite the regime's efforts to stop aid from coming into Venezuela.  They are making it very, very hard to get aid into Venezuela.  We are getting aid into Venezuela, but it's a very difficult thing.  You would think, frankly, that would be to their benefit to let aid get in instead of letting people die from lack of medicine or food.  But they don’t make it easy, but we get it in anyway. 
 
We call on Maduro to immediately allow his lifesaving humanitarian aid.  This has to be allowed to come into Venezuela for the long-suffering Venezuelan people.  Unfortunately, a few countries outside of this hemisphere continue to enable this depraved regime with military and technological support.  The most significant factor propping up the Venezuelan regime is the communist dictatorship in Cuba.  Maduro allows Cuba to plunder Venezuelans' oil, raid its wealth, and rob its people.  Venezuela's oil is at a low point.  Not much is being taken out.  Not many people are in there because of the dangers involved. But nevertheless, there's some money coming out, and it goes into Cuba. 
 
He's allowed thousands of Cuban agents to infiltrate Venezuela's security forces and other institutions.  In other words, Maduro has sold out his nation to a foreign dictatorship, and it has been that way a long time. The civilized world must pressure the Cuban regime to leave Venezuela immediately.  The United States is ready to support a democratic transition government, and we know that our partners around the world -- of which we have many -- are ready as well.  Venezuela's rebuilding can begin the moment a peaceful transition occurs. 
 
This is a critical moment for the world.  We must not allow the destructive forces of socialism and communism to repeat the horrors of the last century.  Can't allow it to happen.  There have been horrors like nobody would believe.  We can't allow this to happen today in Venezuela.  We resolve that the future of the Western Hemisphere will not be written by socialists and tyrants, but by liberty-loving patriots.  Our great destiny is to become the first fully free hemisphere in human history.  We have a very, very good chance of doing that.
 
We work and we pray for the hour when every person across the region, and every suffering soul in Cuba, Nicaragua, and Venezuela, will finally know the blessings of democracy and the full glory of freedom.
Once again, thank you all to so many of my friends in this room and to the nations that have helped us with respect to Venezuela and many other things.  I want to personally thank the President of Mexico for the incredible work and spirit and everything that they’ve done on our southern border.  Our southern border has become secure, with 27,000 Mexican soldiers on the Mexican side, telling people, “Sorry, you can’t come in.”  So I want to thank the President of Mexico.  Thank you very much.
 
And for Venezuela: It will all work.  It will all come back.  And good things will happen.  Thank you very much.  Thank you.  Thank you very much, everybody.  Thank you.  (Applause.)  Thank you very much.
 
Q    Mr. President, on the transcript, sir?  On the transcript, sir?
 
PRESIDENT TRUMP:  Okay.  You know what?  Because you’re so anxious, we’re going to let you stay as certain presidents speak.  Because I know that’s what you want to hear.

SECRETARY POMPEO:  Thank you, Mr. President.  Let me do the introductions.  First of all, Mr. President, let me say how proud I am to be part of everything that you have led in this effort to try and bring the Venezuelan crisis to a peaceful and democratic resolution.  Your leadership has been outstanding.

The work of the Lima Group, too, has been important.  I believe it’s a sign of a new era in Latin America.  And like your nations, the United States is tired of the heartbreaking stories of Venezuelans forced to dig through trash cans for food, of the hospital patients dying unnecessarily, of the millions of innocent children who go to bed hungry every night because 94 percent of Venezuelan households can’t get their basic necessities. The United States wants to announce today an additional tranche of $118 million to aid the Venezuelan crisis response.  The assistance will include $36 million for relief efforts inside of Venezuela.  They’ll provide urgently needed medicines that improve access to quality healthcare of for the Venezuelan people.  The remaining monies will protect and assist many of your countries, as you generously host a combined 4.4 million Venezuelans who have fled their country -- over 10 percent of the Venezuelan population.  We’ll help provide food, shelter, clean water, and legal support for them. 
 
This brings to over $570 million the amount of aid that we have provided -- the United States has provided -- to ease the crisis, both inside Venezuela and throughout the hemisphere. As long as the Maduro regime stands, it will stand between the Venezuelan people and their return to freedom and prosperity.  The United States, under President Trump, remains a steadfast supporter of the Venezuelan people and of the Lima Group in its ongoing struggle for the prosperous, free, and democratic Venezuela.
 
It’s now my pleasure to introduce a member of the true government of Venezuela: Julio Borges.  Mr. Borges is a longtime supporter of a return to democracy in Venezuela, and for this, he has been forced into exile by the Maduro regime.  He now lives in Colombia. Earlier this year, Interim President Juan Guaidó appointed him as Venezuela’s representative to the Lima Group, and later as presidential advisor on external relationships. Julio, you’ve been instrumental in rallying the international community to place pressure on the Maduro regime, and we’re honored to have you with us today.  The floor is yours, sir.
 
MR. BORGES:  Well, thank you.  Thank you for being here today.  I would like to make a five-minute introduction about what’s going on in Venezuela.  I could be speaking in Spanish, but I have chosen to speak in English because, Mr. President, on behalf of the Venezuelan people, their democratic-elected National Assembly, and their President Juan Guaidó, I want to personally thank for the leadership that you have shown in our case.
 
PRESIDENT TRUMP:  Thank you.
 
MR. BORGES:  Your leadership has made a big difference.  And I thank each and every one of you for what your governments have done to end the suffering in Venezuela and reclaim our democracy.  You have helped us in our time of great need, which is something no Venezuelan will ever forget. Venezuela is not alone.  Nicolás Maduro and his criminal regime is responsible for the historic crisis impacting our country.  To put it in perspective, from an economic standpoint of view: Venezuela’s economic crisis is almost three times bigger than the Great Depression.  And from the humanitarian point of view, it’s become the second-largest refugee exodus in the world.
 
President Guaidó has been working closely with you to reverse the situation.  We, as a Venezuelan, has been fighting for almost 20 years.  We have gone down many paths, seeking a peaceful solution, but the dictatorship has stalled all possibilities time and time again. Today, Venezuela is not passively asking for solidarity.  The suffering of our people gives testimony of our times of need.  This sacrifice have achieved important accomplishments. Let’s be clear: The diplomatic pressure from democratic voices has been effective.  The dictatorship is fractured and weak, and only backed by the Cuban regime that has tortured, persecuted our people and our brave armed force.
 
Michelle Bachelet’s recent report exposed the repression, torture, and executions that the regime carries out against civilians and members of our armed force in Venezuela.  Mr. President and all leaders of Americas, over the last year, regime force have murdered a citizen every two hours. Havana is the mastermind behind this tragedy to sustain Maduro.  This is why crucial to break the regime of Díaz-Canel, Raúl Castro, and Maduro with more democratic pressure. 
 
Our humble petition to the Americas is simple: First, that every country in the region should impose sanctions on Cuba.  It is time for Castro and Díaz-Canel to understand the consequences of supporting a criminal regime. Second, every country in the region should move forward, as agreed to in TIAR, to prosecute any regime member involved in drug trafficking, human rights violations, and corruption.  
Third, maintain the support for Venezuelan National Assembly and our President, Juan Guaidó. And last but not least, compel Europe to more actively join efforts to put more pressures on Maduro regime.
 
The alliance between the Cuban and Venezuelan regimes holds over 50 million hostage.  Millions of Cubans and Venezuelans have had to abandon their homelands to escape oppression.  And this should not be tolerated.  I have had the honor of traveling to the border of Cúcuta with President Duque, with President Piñera, with President Abdo, and as well with Secretary Pompeo.  And most recently, with Ivanka Trump.  I have seen them moved to tears because the stories of suffering cannot be put into words.  Mark has been many times over there as well. 
 
As rightly so, because we are not talking about cold numbers or (inaudible) statistics.  Socialist dictatorships, such as Maduro, dehumanize.  With great pain, we have seen the regime has done the most vulnerable people in my country.  Child prostitution, President, has been normalized.  Women are being sold into slavery and taken to other countries for profit, while children and (inaudible) have been recruited by terrorist organizations linked to drug trafficking.  And our people are crawling through the streets of Venezuela looking for food.
 
The Maduro regime is a corrupt, criminal enterprise that has turned what once was one of the most prosperous country in the region into a living and dying hell.  The world needs to understand that Venezuela is not a dictatorship, not even a failed state.  It's something worse.  The Maduro regime is a sanctuary for the promotion of terrorism, drug trafficking, and organized crime. 
 
Faced with this reality, there are those who are shocked when we say that no option can be ruled out to rid Venezuela and the region for this corrupt regime.  They say that keeping every option is very dangerous.  However, Mr. President, evidence shows that the worst thing that could happen in Venezuela is that nothing happens.  What is truly dangerous, what is unacceptable, is having a regime destabilize the whole region while 35 million people are starving to death.  Ignoring the crisis in Venezuela leaves an open wound that will infect the region and will destroy democracy throughout the continent.  As I said, in the case of Venezuela, the worst thing that could happen is that nothing happens.
 
Presidents and leaders of the Americas, on behalf of millions of Venezuela, I thank you because we are close to victory. President Trump, you have led the free world in the fight for freedom in Venezuela and Cuba.  History and the Venezuelan people will remember and recognize you.  Recent opinion research in Venezuela shows the total support for our policy, for your plans to Venezuela, and you have become the most important leader within Venezuela, which is very important for us. 
 
PRESIDENT TRUMP:  Maybe I'll move there.  (Laughter.)
 
MR. BORGES:  All right.  (Laughter.)  Next time.  I'm convinced that working together, working together the whole Americas, 30 years after the fall of the Berlin Wall, another wall will fall in the Americas and give the way to a chapter of peace, progress, and development for our hemisphere.  Venezuela will rise with the strength of its people.  We will reveal our country with the spirit of those who refuse to surrender.   
President and leaders of the Americas, 32 millions of Venezuelans and 12 millions of Cubans are at the gates of freedom.  Let's not make them wait any longer.  Thank you very much.  (Applause.) 
 
PRESIDENT TRUMP:   Thank you.  Thank you. Would the presidents like to speak in front of the media or without the media?  We have three presidents who are going to speak.  Would you prefer the media or not, presidents?
 
SECRETARY POMPEO:  President Duque, would you like to begin?
 
PRESIDENT DUQUE:  Thank you so much, Mr. Secretary.  Thank you so much, President Trump, for gathering this very important meeting.  I’m going to be brief, but I'm going to try to be very (inaudible) in my statements.  What we have been seeing in Venezuela is a tragedy of major proportional dimensions.  What we have seen is the worst humanitarian crisis in Latin America's recent history.  What we have seen is the brutality of a dictatorship that is only comparable to what some countries saw when Slobodan Milošević brutalized thousands of people. 
 
That’s why we consider him a criminal.  That’s why we have denounced him before the International Criminal Court with the support of many heads of state around the hemisphere, and also in Europe.  We consider his behavior to be not only regrettable, but it has to punished, and that’s why we all must continue to embrace the diplomatic blockade and to explore as many sanctions are needed against that criminal.  The second thing I want to highlight is that the migration crisis -- it's really producing a major social impact.  In Colombia, we have supported the migrants.  We have 1.4 million Venezuelan brothers and sisters, and we will continue to provide support because we know they're coming to our country with (inaudible), lacking of medicine, and many of them without any access to food. 
 
But we have to make the call to the whole world that this situation is unsustainable.  And that’s why the coalition that is sitting among this table, but also the coalition that has build of more than 54 states that have recognized President Guaidó and they have recognized the National Assembly, must also continue to bring more countries to the table, because this coalition has to be stronger day by day.
 
I also want to highlight that the behavior of the dictatorship is also affecting the national security of many states, obviously including Colombia.  Nicolás Maduro has become a sponsor, and he's providing safe haven to terrorist groups from Colombia to plot against the Colombian people.  And that attitude is only comparable to what the world saw when the Taliban regime allowed al Qaeda to plot against the whole world, in their soil. 
 
We continue believing that that behavior is in direct violation of Resolution 1373 that was issued by the United Nations Security Council right after September 11.  And we're going to make that denouncement public today when I deliver my speech before the U.N. General Assembly.  I will present a report that is going to be given to the U.N. Security Council, the U.N. Secretary-General.  And I believe that that report should be open for a debate. 
 
We also believe that that behavior requires not only the whole world to be seen and to be addressed, but we also want to highlight what happened this week in a historical way.  The Inter-American Treaty for Reciprocal Assistance had a historical voting, and they recognized that the Maduro regime is pretty much involved in terrorism sponsorship, narco-trafficking activities.
 
And last but not least, I also want to mention that the following months are crucial.  The following weeks, the following hours are crucial.  Some people speculate whether Maduro is going to last more.  But I continue the debate should be different.  The debate is: What is it that we’re going to do so that we can grant liberty to the Venezuelan people? That’s why we’re gathered here at this table, and that’s why we support the approach of strengthening everything we can do so that three conditions are met: the end of the dictatorship, a transitionary government, the call for free elections, and maybe I’ll include a plan for economic and social recovery in Venezuela. Thank you so much, Mr. President.
 
PRESIDENT TRUMP:  Thank you.  Thank you very much.  (Applause.)
 
SECRETARY POMPEO:  Thank you, President Duque.  Now I would like to hear from President Piñera.  Please.
 
PRESIDENT PIÑERA:  Thank you very much.  Well, we all know that we are dealing with a criminal, corrupt -- (microphone is turned on.)  I’m sorry.  Thank you very much.  We all know that we are dealing with a criminal, corrupt, and drug-related regime.  And the conclusion is very clear: This dictatorship has to stop. Maduro is part of the problem and will never be part of the solution.  The solution has been expressed by President Duque.  We need to end this regime, have a transitional government, call to free and open and transparent elections, and then the big story of how to reconstruct Venezuela will start.  And we will be supporting all of these stages.
 
But at the same time, we have to realize there are some allies that are helping Venezuela, and we are talking -- we are talking about countries like Cuba, China, Russia, Iran, and Turkey.  I think that the whole Latin American community, and maybe the whole world, should let them very clear that what they are doing is affecting -- and it’s really affecting the interests of all Latin American countries.
 
We know that we have already more than 4.5 million refugees -- migrants.  But probably the number will double if the situation stays as it is.  In the case of Chile, we have received more than 450,000, which is about 2 percent of our population.  Compared to the U.S., it would be equivalent to 6 million Venezuelans in the U.S. And we are happy to do so because that’s one way to help.  But the solution and the final conclusion here should be we have to make it impossible for the regime to continue. One thing is that we have to seize all their assets of their main members of this dictators; avoid and prevent any moment so that the situation will become more and more difficult for them; and, at the same time, we have to help and solidarize and continue with the democratic opposition in Venezuela. But I know the situation is very, very difficult.  But you know that the night never is so dark that just before dawn.  Thank you very much.  (Applause.)
 
SECRETARY POMPEO:  Thank you, President Piñera.  President Moreno, the floor is yours, sir.
 
PRESIDENT MORENO:  (As interpreted.)  Thank you.  My dear colleagues, the ill that brings us here today has to do with the democracy of the world and the stability of a region.  It is related specifically to this people -- this people who was suffering and the presidents around the table from countries to which over 4 million migrants have gone; people who are living beings, who wander the streets, they wander our avenues, looking for refuge.  They seek a way out.  They seek a solution to the problems they face when it comes to hunger, safety, and health.  They have been kicked out by this regime.  They seek social justice. 
 
However, this regime has been despotic for so many years, and it is due to this.  But international action should never be interpreted as intervention.  We cannot talk about intervention because all countries, including Venezuela, have signed all commitments, all agreements related to the democracy of this community. This is an ethical obligation as well.  My colleagues who preceded me have stated this.  We are talking about over 4 million people, who are humble people, who have fled, who flee this despotic regime, this criminal regime -- the regime of Nicolás Maduro, which is the most corrupt, which harbors terrorists, and where all international criminals go in the end to seek refuge, including those who represented corrupt regimes in our countries.
 
This is why it is -- this meeting is so important.  This meeting is important because I would like to energetically make the call for democracy to be put into place in Venezuela, as it should be in a country that has lived in democracy for so long.  They cannot be going through a genocidal regime.  The only exit is democracy -- democracy with a broad international observation, with no pressure, with no red spots, so that people are able to vote freely.  This cannot happen under any circumstances unless they're -- unless all democratic institutions, all international organizations involved in democracy participate, are involved in making sure that the will of Venezuelans is no longer deceived. 
 
Venezuela is most definitely a failed state.  It is a failed state, and this is shown by the exit not of dissidents, not people opposed to policies.  We're talking about humble people -- people who are personally living through how terrible it has been to suffer through the regime of a despot. Unfortunately, we have to hear that this is a Bolivarian republic.  No, we are a Bolivarian republic.  We are aligned with the ideals of Washington, of Jefferson, and we converge with the ideals of Bolívar.  And Bolívar never would have imagined any like this.  Bolívar must be turning in his grave.
 
Looking at everything that has happened to a democracy that at one time was among the most prosperous in Latin America -- and I will say this again -- that is why this meeting is such a great one, and it will be great as long we can talk about benefitting that democracy.  Maduro must leave power and, immediately, there must be a call for elections.  That is the only way out.  That is the only way out for this people.  As I said, there must be elections with broad international observation.  Thank you very much.  (Applause.)  
 
PRESIDENT TRUMP:  Thank you very much.  Thank you, everybody.  Thank you very much.
 
Q    Mr. President, in the Ukraine transcript, sir, you talk about how good the U.S. has been to Ukraine.  You ask President Zelensky for a favor.  And you ask him to talk to the Attorney General of the United States and Rudy Giuliani about Joe Biden.  Sir, how is that not pressuring President Zelensky?  How does the transcript --
 
PRESIDENT TRUMP:  There was no pressure whatsoever.  And if you take a look at the Democrats, they went down to see the President of Ukraine, and they asked him for all sorts of things.  And, "Don't go with the Republicans," and, "Stay with us."  And -- like it's a political war.  They shouldn’t have done that.  That should be an impeachable event, I guess, based on what you're saying.  The Democrats just came out.  They went down there -- a group of people -- some of whom I was dealing with on the gun issue.  And they went down and put tremendous pressure on Ukraine.  The President himself just came out with a statement saying there was absolutely no pressure put on him.  And there wasn’t. What I do want to see is, is I want to see other countries helping Ukraine also, not just us.  As usual, the United States helps, and nobody else is there.  So I want to see other countries help.
 
Just so you understand, it’s the single greatest witch hunt in American history -- probably, in history, but in American history.  It's a disgraceful thing.  The letter was a great letter.  Meaning, the letter revealing the call.  That was done at the insistence of myself and other people that read it.  It was a friendly letter.  There was no pressure.  The way you had that built up -- that call -- it was going to be the call from hell.  It turned out to be a nothing call, other than a lot of people said, "I never knew you could be so nice."  So, part of the problem you have is you have the fake news.  You have a lot of corrupt reporting.  You have some very fine reporters and journalists, but you have a lot of corrupt reporters, a lot of corrupt journalists.  I would rate you right in there, by the way.  And --
 
Q    You said --
 
PRESIDENT TRUMP:  Excuse me.  Excuse me. 
 
(Cross-talk.)
 
PRESIDENT TRUMP:  Excuse me.  Excuse me.  So, we're having -- if you noticed, the stock market went up.  When they saw the nonsense, all of a sudden the stock market went down very substantially yesterday when they saw a charge.  After they read the charge, the stock market went up very substantially.  
 
We have created the greatest economy in the history of our country.  The greatest economy in the world.  Had my opponent won, China would right now be the number one economy, by far.  And right now, China is way behind us and they'll never catch us if we have smart leadership.  Way behind.  We've picked up trillions of dollars, and they've lost trillions of dollars.  And they want to make a deal very badly.  And it could happen.  It could happen.  It could happen.  It could happen sooner than you think.
 
Our military is rebuilt.  Our military has never been stronger.  When I came in, it was depleted.  Our vets are happy.  So many great things are happening.  And the Democrats feel they're going to lose.  We had the highest poll number -- Rasmussen -- 53, but they say you could add 10 to it.  A lot of people say you could add more than 10 to it because a lot of people just don’t want to talk about it, but they want to vote for Trump. 
 
So I just say this: We have the strongest country we've ever had.  We have the best economy we've ever had.  We have the best unemployment numbers we've ever had.  We have the best employment numbers we've ever had.  We have now almost 160 million people working.  That’s far more than we've ever had working in our country before. Thank you very much, everybody.  Thank you.  Thank you.  Thank you very much.  Thank you.  Thank you.

END

10:52 A.M. EDT

American Airlines And LATAM Airlines Group Sued Using Libertad Act; Other Airlines Reportedly Notified Of Potential Lawsuits

LATAM Airlines Group Subsidiaries
LATAM Argentina
LATAM Brasil
LATAM Chile
LATAM Colombia
LATAM Ecuador
LATAM Paraguay
LATAM Peru

LATAM Group Shareholders (Wikipedia)
Cueto Group- 27.91%
Chile Administradoras de Fondos de Pensiones (AFP - Chilean Pension Funds)- 21%
Qatar Airways- 10.03% (would like 20%)
Chile Eblen Group- 5.93%
Chile Bethia Group- 5.5%
United States American depositary receipts (ADR)- 3.98%
Brazil Amaro Group- 3%
Foreign investors- 10.2%
Others- 12.2%

“Rivero Mestre files Helms-Burton Act lawsuit against American Airlines on behalf of rightful owner of José Martí International Airport; seeks treble damages

MIAMI—Sept. 25, 2019—Rivero Mestre filed a Helms-Burton Act lawsuit on behalf of José Ramon López Regueiro, the rightful owner of Cuba’s main airport—José Martí International Airport—against American Airlines and LATAM Airlines Group. More than forty cargo and passenger airlines are unlawfully trafficking in and benefitting from the airport by operating cargo and passenger flights into and out of the airport without permission from, or compensation to, Mr. Regueiro. All of them received notices warning them to cease and desist or face suit. The defendants did not comply with the 30-day notices of plaintiff’s intent to sue, which gives Mr. Regueiro the right to seek treble damages.

Regueiro is the son of José López Vilaboy, who during his ownership of the airport in the 1950s, transformed it from a small, outdated airport into Cuba’s main international airport, serving Havana and surrounding cities. The Cuban government confiscated the airport without any compensation to Vilaboy shortly after the communist Castro regime seized power in 1959. Since then, a number of airlines, including U.S.-based airlines, have routinely used the airport for transporting cargo and passengers.

The Helms-Burton Act provides Cuban-Americans whose properties in Cuba were confiscated by the communist Castro dictatorship, with the right to recover damages from persons and entities that traffic in, or benefit from trafficking in, their properties. The Act also provides for treble damages against a defendant that received prior notice of the claim and did not stop its trafficking or compensate the owners of the confiscated property.”

As reported by WLRN in Miami, Florida, Mr. Andres Rivero shared “We have decided to start with American and LATAM,” he said. “We have notified all of the airlines. They need to stop trafficking in Jose Marti International Airport or they will very likely face litigation.”

LINK To 1:19-cv-23964 (not yet available)

LINK To 1:19-cv-23965

LINK To Previous Posts:

https://www.cubatrade.org/blog/2019/9/14/cruise-lines-sued-hotels-sued-internet-travel-sites-sued-next-are-airlines

https://www.cubatrade.org/blog/2019/9/21/ke1f5qg78x7aah1fjive07yqp4gw3i

President Trump Discusses Cuba During His Remarks To The United Nations General Assembly

Office of the Press Secretary

FOR IMMEDIATE RELEASE
September 25, 2019

REMARKS BY PRESIDENT TRUMP
TO THE 74TH SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
 
United Nations Headquarters
New York, New York
September 24, 2019

10:12 A.M. EDT
 
PRESIDENT TRUMP:  Thank you very much.  Mr. President, Mr. Secretary-General, distinguished delegates, ambassadors, and world leaders:

Seven decades of history have passed through this hall, in all of their richness and drama.  Where I stand, the world has heard from presidents and premiers at the height of the Cold War.  We have seen the foundation of nations.  We have seen the ringleaders of revolution.  We have beheld saints who inspired us with hope, rebels who stirred us with passion, and heroes who emboldened us with courage -- all here to share plans, proposals, visions, and ideas on the world’s biggest stage.

Like those who met us before, our time is one of great contests, high stakes, and clear choices.  The essential divide that runs all around the world and throughout history is once again thrown into stark relief.  It is the divide between those whose thirst for control deludes them into thinking they are destined to rule over others and those people and nations who want only to rule themselves.

I have the immense privilege of addressing you today as the elected leader of a nation that prizes liberty, independence, and self-government above all.  The United States, after having spent over two and a half trillion dollars since my election to completely rebuild our great military, is also, by far, the world’s most powerful nation.  Hopefully, it will never have to use this power. 

Americans know that in a world where others seek conquest and domination, our nation must be strong in wealth, in might, and in spirit.  That is why the United States vigorously defends the traditions and customs that have made us who we are. Like my beloved country, each nation represented in this hall has a cherished history, culture, and heritage that is worth defending and celebrating, and which gives us our singular potential and strength. The free world must embrace its national foundations.  It must not attempt to erase them or replace them.

Looking around and all over this large, magnificent planet, the truth is plain to see: If you want freedom, take pride in your country.  If you want democracy, hold on to your sovereignty.  And if you want peace, love your nation.  Wise leaders always put the good of their own people and their own country first.

The future does not belong to globalists.  The future belongs to patriots.  The future belongs to sovereign and independent nations who protect their citizens, respect their neighbors, and honor the differences that make each country special and unique. It is why we in the United States have embarked on an exciting program of national renewal.  In everything we do, we are focused on empowering the dreams and aspirations of our citizens.

Thanks to our pro-growth economic policies, our domestic unemployment rate reached its lowest level in over half a century.  Fueled by massive tax cuts and regulations cuts, jobs are being produced at a historic rate.  Six million Americans have been added to the employment rolls in under three years. 

Last month, African American, Hispanic American, and Asian American unemployment reached their lowest rates ever recorded. We are marshaling our nation’s vast energy abundance, and the United States is now the number one producer of oil and natural gas anywhere in the world.  Wages are rising, incomes are soaring, and 2.5 million Americans have been lifted out of poverty in less than three years.

As we rebuild the unrivaled might of the American military, we are also revitalizing our alliances by making it very clear that all of our partners are expected to pay their fair share of the tremendous defense burden, which the United States has borne in the past. At the center of our vision for national renewal is an ambitious campaign to reform international trade.  For decades, the international trading system has been easily exploited by nations acting in very bad faith.  As jobs were outsourced, a small handful grew wealthy at the expense of the middle class. 

In America, the result was 4.2 million lost manufacturing jobs and $15 trillion in trade deficits over the last quarter century.  The United States is now taking that decisive action to end this grave economic injustice.  Our goal is simple: We want balanced trade that is both fair and reciprocal. We have worked closely with our partners in Mexico and Canada to replace NAFTA with the brand new and hopefully bipartisan U.S.-Mexico-Canada Agreement. Tomorrow, I will join Prime Minister Abe of Japan to continue our progress in finalizing a terrific new trade deal.

As the United Kingdom makes preparations to exit the European Union, I have made clear that we stand ready to complete an exceptional new trade agreement with the UK that will bring tremendous benefits to both of our countries.  We are working closely with Prime Minister Boris Johnson on a magnificent new trade deal.

The most important difference in America’s new approach on trade concerns our relationship with China.  In 2001, China was admitted to the World Trade Organization.  Our leaders then argued that this decision would compel China to liberalize its economy and strengthen protections to provide things that were unacceptable to us, and for private property and for the rule of law.  Two decades later, this theory has been tested and proven completely wrong.

Not only has China declined to adopt promised reforms, it has embraced an economic model dependent on massive market barriers, heavy state subsidies, currency manipulation, product dumping, forced technology transfers, and the theft of intellectual property and also trade secrets on a grand scale. 

As just one example, I recently met the CEO of a terrific American company, Micron Technology, at the White House.  Micron produces memory chips used in countless electronics.  To advance the Chinese government’s five-year economic plan, a company owned by the Chinese state allegedly stole Micron’s designs, valued at up to $8.7 billion.  Soon, the Chinese company obtains patents for nearly an identical product, and Micron was banned from selling its own goods in China.  But we are seeking justice.

The United States lost 60,000 factories after China entered the WTO.  This is happening to other countries all over the globe. The World Trade Organization needs drastic change.  The second-largest economy in the world should not be permitted to declare itself a “developing country” in order to game the system at others’ expense. For years, these abuses were tolerated, ignored, or even encouraged.  Globalism exerted a religious pull over past leaders, causing them to ignore their own national interests.

But as far as America is concerned, those days are over.  To confront these unfair practices, I placed massive tariffs on more than $500 billion worth of Chinese-made goods.  Already, as a result of these tariffs, supply chains are relocating back to America and to other nations, and billions of dollars are being paid to our Treasury.

The American people are absolutely committed to restoring balance to our relationship with China.  Hopefully, we can reach an agreement that would be beneficial for both countries.  But as I have made very clear, I will not accept a bad deal for the American people.

As we endeavor to stabilize our relationship, we're also carefully monitoring the situation in Hong Kong.  The world fully expects that the Chinese government will honor its binding treaty, made with the British and registered with the United Nations, in which China commits to protect Hong Kong’s freedom, legal system, and democratic ways of life.  How China chooses to handle the situation will say a great deal about its role in the world in the future.  We are all counting on President Xi as a great leader.

The United States does not seek conflict with any other nation.  We desire peace, cooperation, and mutual gain with all.  But I will never fail to defend America’s interests. One of the greatest security threats facing peace-loving nations today is the repressive regime in Iran.  The regime’s record of death and destruction is well known to us all.  Not only is Iran the world’s number one state sponsor of terrorism, but Iran’s leaders are fueling the tragic wars in both Syria and Yemen. 

At the same time, the regime is squandering the nation’s wealth and future in a fanatical quest for nuclear weapons and the means to deliver them.  We must never allow this to happen. To stop Iran’s path to nuclear weapons and missiles, I withdrew the United States from the terrible Iran nuclear deal, which has very little time remaining, did not allow inspection of important sites, and did not cover ballistic missiles. 

Following our withdrawal, we have implemented severe economic sanctions on the country.  Hoping to free itself from sanctions, the regime has escalated its violent and unprovoked aggression.  In response to Iran’s recent attack on Saudi Arabian oil facilities, we just imposed the highest level of sanctions on Iran’s central bank and sovereign wealth fund.  All nations have a duty to act.  No responsible government should subsidize Iran’s bloodlust.  As long as Iran’s menacing behavior continues, sanctions will not be lifted; they will be tightened.  Iran’s leaders will have turned a proud nation into just another cautionary tale of what happens when a ruling class abandons its people and embarks on a crusade for personal power and riches.

For 40 years, the world has listened to Iran’s rulers as they lash out at everyone else for the problems they alone have created.  They conduct ritual chants of “Death to America” and traffic in monstrous anti-Semitism.  Last year the country’s Supreme Leader stated, “Israel is a malignant cancerous tumor…that has to be removed and eradicated: it is possible and it will happen.”  America will never tolerate such anti-Semitic hate.

Fanatics have long used hatred of Israel to distract from their own failures.  Thankfully, there is a growing recognition in the wider Middle East that the countries of the region share common interests in battling extremism and unleashing economic opportunity.  That is why it is so important to have full, normalized relations between Israel and its neighbors.  Only a relationship built on common interests, mutual respect, and religious tolerance can forge a better future.

Iran’s citizens deserve a government that cares about reducing poverty, ending corruption, and increasing jobs -- not stealing their money to fund a massacre abroad and at home. After four decades of failure, it is time for Iran’s leaders to step forward and to stop threatening other countries, and focus on building up their own country.  It is time for Iran’s leaders to finally put the Iranian people first. America is ready to embrace friendship with all who genuinely seek peace and respect.

Many of America’s closest friends today were once our gravest foes.  The United States has never believed in permanent enemies.  We want partners, not adversaries.  America knows that while anyone can make war, only the most courageous can choose peace. For this same reason, we have pursued bold diplomacy on the Korean Peninsula. I have told Kim Jong Un what I truly believe: that, like Iran, his country is full of tremendous untapped potential, but that to realize that promise, North Korea must denuclearize. Around the world, our message is clear: America’s goal is lasting, America's goal is harmony, and America's goal is not to go with these endless wars -- wars that never end.

With that goal in mind, my administration is also pursuing the hope of a brighter future in Afghanistan.  Unfortunately, the Taliban has chosen to continue their savage attacks.  And we will continue to work with our coalition of Afghan partners to stamp out terrorism, and we will never stop working to make peace a reality.

Here in the Western Hemisphere, we are joining with our partners to ensure stability and opportunity all across the region.  In that mission, one of our most critical challenges is illegal immigration, which undermines prosperity, rips apart societies, and empowers ruthless criminal cartels. Mass illegal migration is unfair, unsafe, and unsustainable for everyone involved: the sending countries and the depleted countries.  And they become depleted very fast, but their youth is not taken care of and human capital goes to waste.

The receiving countries are overburdened with more migrants than they can responsibly accept.  And the migrants themselves are exploited, assaulted, and abused by vicious coyotes.  Nearly one third of women who make the journey north to our border are sexually assaulted along the way.  Yet, here in the United States and around the world, there is a growing cottage industry of radical activists and non-governmental organizations that promote human smuggling.  These groups encourage illegal migration and demand erasure of national borders.

Today, I have a message for those open border activists who cloak themselves in the rhetoric of social justice: Your policies are not just.  Your policies are cruel and evil.  You are empowering criminal organizations that prey on innocent men, women, and children.  You put your own false sense of virtue before the lives, wellbeing, and [of] countless innocent people.  When you undermine border security, you are undermining human rights and human dignity.

Many of the countries here today are coping with the challenges of uncontrolled migration.  Each of you has the absolute right to protect your borders, and so, of course, does our country.  Today, we must resolve to work together to end human smuggling, end human trafficking, and put these criminal networks out of business for good.

To our country, I can tell you sincerely: We are working closely with our friends in the region -- including Mexico, Canada, Guatemala, Honduras, El Salvador, and Panama -- to uphold the integrity of borders and ensure safety and prosperity for our people.  I would like to thank President López Obrador of Mexico for the great cooperation we are receiving and for right now putting 27,000 troops on our southern border.  Mexico is showing us great respect, and I respect them in return.

The U.S., we have taken very unprecedented action to stop the flow of illegal immigration.  To anyone considering crossings of our border illegally, please hear these words: Do not pay the smugglers.  Do not pay the coyotes.  Do not put yourself in danger.  Do not put your children in danger.  Because if you make it here, you will not be allowed in; you will be promptly returned home.  You will not be released into our country.  As long as I am President of the United States, we will enforce our laws and protect our borders.

For all of the countries of the Western Hemisphere, our goal is to help people invest in the bright futures of their own nation.  Our region is full of such incredible promise: dreams waiting to be built and national destinies for all.  And they are waiting also to be pursued.

Throughout the hemisphere, there are millions of hardworking, patriotic young people eager to build, innovate, and achieve.  But these nations cannot reach their potential if a generation of youth abandon their homes in search of a life elsewhere.  We want every nation in our region to flourish and its people to thrive in freedom and peace.

In that mission, we are also committed to supporting those people in the Western Hemisphere who live under brutal oppression, such as those in Cuba, Nicaragua, and Venezuela.

According to a recent report from the U.N. Human Rights Council, women in Venezuela stand in line for 10 hours a day waiting for food.  Over 15,000 people have been detained as political prisoners.  Modern-day death squads are carrying out thousands of extrajudicial killings.

The dictator Maduro is a Cuban puppet, protected by Cuban bodyguards, hiding from his own people while Cuba plunders Venezuela’s oil wealth to sustain its own corrupt communist rule.

Since I last spoke in this hall, the United States and our partners have built a historic coalition of 55 countries that recognize the legitimate government of Venezuela.

To the Venezuelans trapped in this nightmare: Please know that all of America is united behind you.  The United States has vast quantities of humanitarian aid ready and waiting to be delivered.  We are watching the Venezuela situation very closely.  We await the day when democracy will be restored, when Venezuela will be free, and when liberty will prevail throughout this hemisphere.

One of the most serious challenges our countries face is the specter of socialism.  It’s the wrecker of nations and destroyer of societies.

Events in Venezuela remind us all that socialism and communism are not about justice, they are not about equality, they are not about lifting up the poor, and they are certainly not about the good of the nation.  Socialism and communism are about one thing only: power for the ruling class.

Today, I repeat a message for the world that I have delivered at home: America will never be a socialist country.

In the last century, socialism and communism killed 100 million people.  Sadly, as we see in Venezuela, the death toll continues in this country.  These totalitarian ideologies, combined with modern technology, have the power to excise [exercise] new and disturbing forms of suppression and domination.

For this reason, the United States is taking steps to better screen foreign technology and investments and to protect our data and our security.  We urge every nation present to do the same.

Freedom and democracy must be constantly guarded and protected, both abroad and from within.  We must always be skeptical of those who want conformity and control.  Even in free nations, we see alarming signs and new challenges to liberty.

A small number of social media platforms are acquiring immense power over what we can see and over what we are allowed to say.  A permanent political class is openly disdainful, dismissive, and defiant of the will of the people.  A faceless bureaucracy operates in secret and weakens democratic rule.  Media and academic institutions push flat-out assaults on our histories, traditions, and values.

In the United States, my administration has made clear to social media companies that we will uphold the right of free speech.  A free society cannot allow social media giants to silence the voices of the people, and a free people must never, ever be enlisted in the cause of silencing, coercing, canceling, or blacklisting their own neighbors.

As we defend American values, we affirm the right of all people to live in dignity.  For this reason, my administration is working with other nations to stop criminalizing of homosexuality, and we stand in solidarity with LGBTQ people who live in countries that punish, jail, or execute individuals based upon sexual orientation.

We are also championing the role of women in our societies.  Nations that empower women are much wealthier, safer, and much more politically stable.  It is therefore vital not only to a nation’s prosperity, but also is vital to its national security, to pursue women’s economic development.

Guided by these principles, my administration launched the Women’s Global Development and Prosperity Initiatives.  The W-GDP is first-ever government-wide approach to women’s economic empowerment, working to ensure that women all over the planet have the legal right to own and inherit property, work in the same industries as men, travel freely, and access credit and institutions.

Yesterday, I was also pleased to host leaders for a discussion about an ironclad American commitment: protecting religious leaders and also protecting religious freedom.  This fundamental right is under growing threat around the world.  Hard to believe, but 80 percent of the world’s population lives in countries where religious liberty is in significant danger or even completely outlawed.  Americans will never fire or tire in our effort to defend and promote freedom of worship and religion.  We want and support religious liberty for all.

Americans will also never tire of defending innocent life.  We are aware that many United Nations projects have attempted to assert a global right to taxpayer-funded abortion on demand, right up until the moment of delivery.  Global bureaucrats have absolutely no business attacking the sovereignty of nations that wish to protect innocent life.  Like many nations here today, we in America believe that every child -- born and unborn -- is a sacred gift from God.

There is no circumstance under which the United States will allow international entries [entities] to trample on the rights of our citizens, including the right to self-defense.  That is why, this year, I announced that we will never ratify the U.N. Arms Trade Treaty, which would threaten the liberties of law-abiding American citizens.  The United States will always uphold our constitutional right to keep and bear arms.  We will always uphold our Second Amendment.

The core rights and values America defends today were inscribed in America’s founding documents.  Our nation’s Founders understood that there will always be those who believe they are entitled to wield power and control over others. Tyranny advances under many names and many theories, but it always comes down to the desire for domination.  It protects not the interests of many, but the privilege of few.

Our Founders gave us a system designed to restrain this dangerous impulse.  They chose to entrust American power to those most invested in the fate of our nation: a proud and fiercely independent people. The true good of a nation can only be pursued by those who love it: by citizens who are rooted in its history, who are nourished by its culture, committed to its values, attached to its people, and who know that its future is theirs to build or theirs to lose.  Patriots see a nation and its destiny in ways no one else can.

Liberty is only preserved, sovereignty is only secured, democracy is only sustained, greatness is only realized, by the will and devotion of patriots.  In their spirit is found the strength to resist oppression, the inspiration to forge legacy, the goodwill to seek friendship, and the bravery to reach for peace.  Love of our nations makes the world better for all nations.

So to all the leaders here today, join us in the most fulfilling mission a person could have, the most profound contribution anyone can make: Lift up your nations.  Cherish your culture.  Honor your histories.  Treasure your citizens. Make your countries strong, and prosperous, and righteous.  Honor the dignity of your people, and nothing will be outside of your reach. When our nations are greater, the future will be brighter, our people will be happier, and our partnerships will be stronger.

With God’s help, together we will cast off the enemies of liberty and overcome the oppressors of dignity.  We will set new standards of living and reach new heights of human achievement. We will rediscover old truths, unravel old mysteries, and make thrilling new breakthroughs.  And we will find more beautiful friendship and more harmony among nations than ever before.

My fellow leaders, the path to peace and progress, and freedom and justice, and a better world for all humanity, begins at home. Thank you.  God bless you.  God bless the nations of the world.  And God bless America.  Thank you very much.  (Applause.) 

END  10:49 A.M. EDT

Clarification To Tweet From Michael Kozak, US Assistant Secretary Of State About U.S. Exports To Cuba

On 23 September 2019, The Honorable Michael G. Kozak, Acting Assistant Secretary of State for Western Hemisphere Affairs “retweeted” a “tweet” from the Embassy of the United States in Cuba.  LINK: https://twitter.com/WHAAsstSecty/status/1176240454104473601 

The publication of a US$12 billion “authorized” value since January 2018 is misleading and unnecessarily reinforces questions of credibility for statements by the United States Department of State.  Context is important.  

Thus far in 2019, approximately US$186,114,479.00 (through 30 July 2019) in ag/food products have been exported from the United States to Cuba. Thus far in 2019, Cuba ranks 50th among 229 United States ag/food export markets.  Exports in 2018 were US$224,910,413.00 and exports in 2017 were US$268,800,005.00. 

Since December 2001, more than US$6,061,327,697.00 (through 30 July 2019) in ag/food products have been exported to Cuba.  Link To monthly report: https://www.cubatrade.org/blog/2019/9/6/us-ag-exports-to-cuba-increased-1002-in-july-remain-up-10-year-to-year 

For many years, through the Bush Administration, Obama Administration and thus far through the Trump Administration, United States exporters have been encouraged by the United States Department of Commerce to submit export license requests with gross estimates, often aspirational, so that they would not need to repeatedly seek licenses.  Most licenses are valid for two years.   

During the Bush Administration, the process was initiated at the recommendation of United States exporters to lessen often repetitive paperwork and was enthusiastically accepted by the United States Department of Commerce. 

Important to note that the values placed in the license applications often are done without any input from the Cuba-based importer.  As a result, the overall authorized values are often inflated. 

This is not the first time an administration has misused the data- and previous administrations have corrected the context by which they have used the data.

LINK To 5 January 2017 Article From The Miami Herald:

https://www.miamiherald.com/news/nation-world/world/americas/cuba/article124707644.html

Follow SEC 10-Q Filings To Determine How Defendants Perceive Libertad Act Lawsuits

Follow SEC 10-Q Filings To Determine How Defendants Perceive Libertad Act Lawsuits 

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

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

Publicly reporting companies are required by the United States Securities and Exchange Commission (SEC) to disclose legal proceedings.  Thus far, the following are among those publicly reporting companies who are plaintiffs or defendants: 

Amazon
American Airlines
Booking Holdings
Carnival Corporation
Expedia
Exxon Mobil Corporation
LATAM Airlines Group
Norwegian Cruise Line
Royal Caribbean International
Travelocity
Trivago

SEC Filings may be located using the EDGAR (Electronic Data Gathering, Analysis, and Retrieval): https://www.sec.gov/edgar/searchedgar/companysearch.html 

From SEC: “The federal securities laws require publicly reporting companies to disclose information on an ongoing basis. For example, domestic issuers must submit annual reports on Form 10-K, quarterly reports on Form 10-Q, and current reports on Form 8-K for a number of specified events and must comply with a variety of other disclosure requirements.  The Form 10-Q includes unaudited financial statements and provides a continuing view of the company's financial position during the year. The report must be filed for each of the first three fiscal quarters of the company's fiscal year.” 

From the SEC on 29 August 2019:  “see Item 103 of Regulation S-K. Also, US GAAP (ASC 450) requires disclosures of loss contingencies, including legal proceedings.”  

PART 229—STANDARD INSTRUCTIONS FOR FILING FORMS UNDER SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934 AND ENERGY POLICY AND CONSERVATION ACT OF 1975—REGULATION S-K  

§229.103 (Item 103) Legal proceedings.  

Describe briefly any material pending legal proceedings, other than ordinary routine litigation incidental to the business, to which the registrant or any of its subsidiaries is a party or of which any of their property is the subject. Include the name of the court or agency in which the proceedings are pending, the date instituted, the principal parties thereto, a description of the factual basis alleged to underlie the proceeding and the relief sought. Include similar information as to any such proceedings known to be contemplated by governmental authorities. 

Instructions to Item 103:   

1. If the business ordinarily results in actions for negligence or other claims, no such action or claim need be described unless it departs from the normal kind of such actions.  

2. No information need be given with respect to any proceeding that involves primarily a claim for damages if the amount involved, exclusive of interest and costs, does not exceed 10 percent of the current assets of the registrant and its subsidiaries on a consolidated basis. However, if any proceeding presents in large degree the same legal and factual issues as other proceedings pending or known to be contemplated, the amount involved in such other proceedings shall be included in computing such percentage.  

3. Notwithstanding Instructions 1 and 2, any material bankruptcy, receivership, or similar proceeding with respect to the registrant or any of its significant subsidiaries shall be described.  

4. Any material proceedings to which any director, officer or affiliate of the registrant, any owner of record or beneficially of more than five percent of any class of voting securities of the registrant, or any associate of any such director, officer, affiliate of the registrant, or security holder is a party adverse to the registrant or any of its subsidiaries or has a material interest adverse to the registrant or any of its subsidiaries also shall be described.  

5. Notwithstanding the foregoing, an administrative or judicial proceeding (including, for purposes of A and B of this Instruction, proceedings which present in large degree the same issues) arising under any Federal, State or local provisions that have been enacted or adopted regulating the discharge of materials into the environment or primary for the purpose of protecting the environment shall not be deemed “ordinary routine litigation incidental to the business” and shall be described if:  

A. Such proceeding is material to the business or financial condition of the registrant;  

B. Such proceeding involves primarily a claim for damages, or involves potential monetary sanctions, capital expenditures, deferred charges or charges to income and the amount involved, exclusive of interest and costs, exceeds 10 percent of the current assets of the registrant and its subsidiaries on a consolidated basis; or  

C. A governmental authority is a party to such proceeding and such proceeding involves potential monetary sanctions, unless the registrant reasonably believes that such proceeding will result in no monetary sanctions, or in monetary sanctions, exclusive of interest and costs, of less than $100,000; provided, however, that such proceedings which are similar in nature may be grouped and described generically. 

LINK To Analysis In PDF Format

Previous Post: 

SEC 10Q Filing By Carnival Corporation For Potential Impact By Libertad Act Lawsuits 

https://www.cubatrade.org/blog/2019/8/27/sec-10q-filing-by-carnival-corporation-for-potential-impact-by-libertad-act-lawsuits?rq=SEC

Cuba's Minister Of Foreign Affairs To Meet In NYC With Representatives Of U.S. Companies

H.E. Bruno Rodriguez, Minister of Foreign Affairs of the Republic of Cuba, will meet with representatives of United States-based companies and organizations during the United Nations General Assembly (UNGA) in New York City.  Some of the meetings are scheduled for Monday, 30 September 2019. 

For meeting requests, contact H.E. Jose Cabanas, Ambassador of the Republic of Cuba to the United States, at email: embajador@usadc.embacuba.cu

From Wikipedia: 

“Bruno Eduardo Rodríguez Parrilla (born 22 January 1958) is a Cuban diplomat and politician. He has served as Cuba's Minister of Foreign Affairs since 2 March 2009. Rodríguez was born in Mexico City to engineer José María Rodríguez Padilla who held high positions in the Cuban government. Rodríguez Parrilla served as Cuba's Permanent Representative to the United Nations from 1995 to 2003.  

He was appointed as Minister of Foreign Affairs on March 2, 2009, replacing Felipe Pérez Roque, after serving as the Vice-Minister. This was a result of the 2009 shake-up by Raúl Castro.  

On July 20, 2015, Rodríguez attended the re-inauguration of the Cuban Embassy in Washington, D.C., making him the first Cuban Minister of Foreign Affairs to visit the United States on a diplomatic mission since 1958.”

Will There Be A "Venezuela Libertad Act" And Would President Trump Sign It Into Law?

UPDATE: On 17 December 2019, the United States Congress included the Venezuela Emergency Relief, Democracy Assistance, and Development Act (VERDAD) of 2019 in the Fiscal Year 2020 appropriations for the United States Government. LINK To Legislation

There is reporting by media that the government of Venezuela may be considering the expropriation of real estate from Venezuela nationals who have departed the country.   

If true, there would be unflattering comparisons to the expropriation of assets (individual and company) without compensation beginning in 1959 by the government of the Republic of Cuba. 

If H.E. Nicolas Maduro, President of Venezuela, were to sanction such a decision, and if the decision were implemented, there may be a legislative response by members of the United States Congress. 

Provisions of any Venezuela-focused legislation would be expectantly be less globally robust than its Republic of Cuba-focused predecessor., but perhaps equally problematic in terms of enforcement.   

The 42-page Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”), whose purpose is “To seek international sanctions against the Castro government in Cuba, to plan for support of a transition government leading to a democratically elected government in Cuba, and for other purposes” includes four (4) Titles: Strengthening International Sanctions Against The Castro Government; Assistance To A Free And Independent Cuba; Protection Of Property Rights Of United States Nationals; and Exclusion Of Certain Aliens. 

The Libertad Act would be the foundation for a “Venezuela Liberty and Democratic Solidarity Act.”  

Legislation would find genesis in the United States Senate with likely sponsors/co-sponsors including The Honorable Marco Rubio (R- Florida), The Honorable Rick Scott (R- Florida), and The Honorable Robert Menendez (D- New Jersey).  In the United States House of Representatives, The Honorable Albio Sires (D- New Jersey 8th District) and The Honorable Mario Diaz-Balart (R- New Jersey 25th District) and The Honorable Chris Smith (R- New Jersey 4th District). 

The Honorable Donald Trump, President of the United States, would be expected to sign the legislation into law if the Maduro Administration continues to defy United States public and private operations designed to hasten his departure from Venezuela…. and an election looms on 3 November 2020. 

Background On Cuba Libertad Act 

In March 1996, the United States Congress passed and The Honorable William Clinton, President of the United States, signed into law the Libertad Act. 

In 1995 and 1996, the legislation had been stymied in the United States Congress, particularly in the United States Senate, and was not expected to become law.  However, after two aircraft operated by the Revolutionary Armed Forces of the Republic of Cuba (FAR) destroyed two general aviation aircraft killing four individuals, and with focus upon an uncertain reelection on 5 November 1996, President Clinton, who had opposed elements of the legislation, signed it.  

In 2019, the Trump Administration made operational Title III and further implemented Title IV of the 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 authorizes the United States Secretary of State to restrict entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  Only one company, Toronto, Canada-based Sherritt International Corporation (2018 revenues approximately US$528 million), is known currently subject to this provision based upon a certified claim. 

Cuba 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.  

What Is “Trafficking” According To Libertad Act? 

(13) Traffics.--(A) As used in title III, and except as provided in subparagraph (B), a person "traffics" in confiscated property if that person knowingly and intentionally-- (i) sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an interest in confiscated property, (ii) engages in a commercial activity using or otherwise benefiting from confiscated property, or (iii) causes, directs, participates in, or profits from, trafficking (as described in clause (i) or (ii)) by another person, or otherwise engages in trafficking (as described in clause (i) or (ii)) through another person, without the authorization of any United States national who holds a claim to the property. 

(B) The term "traffics" does not include-- (i) the delivery of international telecommunication signals to Cuba; (ii) the trading or holding of securities publicly traded or held, unless the trading is with or by a person determined by the Secretary of the Treasury to be a specially designated national; (iii) transactions and uses of property incident to lawful travel to Cuba, to the extent that such transactions and uses of property are necessary to the conduct of such travel; or (iv) transactions and uses of property by a person who is both a citizen of Cuba and a resident of Cuba, and who is not an official of the Cuban Government or the ruling political party in Cuba. 

“DETERMINATION OF OWNERSHIP OF CLAIMS REFERRED BY DISTRICT COURTS OF THE UNITED STATES 

"Sec. 514. Notwithstanding any other provision of this Act and only for purposes of section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, a United State district court, for fact-finding purposes, may refer to the Commission, and the Commission may determine, questions of the amount and ownership of a claim by a United States national (as defined in section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996), resulting from the confiscation of property by the Government of Cuba described in section 503(a), whether or not the United States national qualified as a national of the United States (as defined in section 502(1)) at the time of the action by the Government of Cuba.” 

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 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.

Required Departure of Cuban Diplomats from Cuba’s Permanent Mission to the United Nations

For Immediate Release 

STATEMENT BY MORGAN ORTAGUS, SPOKESPERSON

September 19, 2019 

Required Departure of Cuban Diplomats from Cuba’s Permanent Mission to the United Nations

The Department of State today notified the Cuban Ministry of Foreign Affairs that the United States requires the imminent departure of two members of Cuba’s Permanent Mission to the United Nations for abusing their privileges of residence. This is due to their attempts to conduct influence operations against the United States. 

In addition to the required departures, travel within the United States by all members of Cuba’s Permanent Mission to the United Nations will now essentially be restricted to the island of Manhattan. 

We take any and all attempts against the National Security of the United States seriously, and will continue to investigate any additional personnel who may be manipulating their privileges of residence.

Cruise Lines (sued); Hotels (sued); Internet Travel Sites (sued); Cuba Companies (sued). Next Up- 51 Airlines?

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Could Bring Presidents Erdogan, Macron, XI, Lopez Obrador, Putin; Prime Ministers Johnson, Sanchez, Trudeau, Varadkar Into Direct Conflict With President Trump

United Nations General Assembly May Have A New Subject To Debate

Fifty-One New Libertad Act Defendants? Spain Hit Twice?

One Man’s Lawsuit Could Be More Disruptive Than Any Other

Importance Of One Question: What Is The Meaning Of “Lawful”

Marriott International Could Have A Role

Could 51 Airline Lawsuits Trigger Bilateral Stand-Down & EU-US Negotiations?

This week, the phrase Land, Sea & Air may represent collectively travel-related companies sued in United States District Courts using provisions of Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).   

Thus far, four cruise lines are defendants.  Six travel-related Internet sites are defendants.  One hotel company is a defendant.  Five Republic of Cuba government-operated companies are defendants. 

Soon, five (5) United States-based airlines and forty-six (46) non-United States-based airlines may be join the list.  The majority of the non-United States-based airlines have operational exposure within the United States. 

Once sued, will airlines reduce or cease their operations in the Republic of Cuba?  Change airports? Reduce or cease their operations in the United States?  Do nothing?  Will cost-benefit analysis determine the United States market and other markets are more important than the Republic of Cuba market?  A lawsuit against fifty-one airlines could materially impact the economy of the Republic of Cuba. 

At the apex, center, fulcrum, or ignition is Mr. Jose Ramon Lopez, a citizen of Spain and who became a United States citizen through naturalization after the implementation of the Libertad Act 1996.  Mr. Lopez’s father, Jose Lopez Vilaboy, died in 1989 in Florida; a probate court confirmed he was an heir to his father’s estate. 

Mr. Lopez believes he has standing to file a lawsuit(s) for some of the assets (bank, hotels, factories, newspaper, airlines and an airport) of his father that were expropriated in 1959 without compensation by the government of the Republic of Cuba.  Any claim filed by Mr. Lopez would not be considered a certified claim.  NOTE: There are attorneys who believe language in the Libertad Act requires a plaintiff to have been a United States national prior to implementation of the Libertad Act in order to bring a lawsuit using the Libertad Act; a judge likely will decide. 

A court filing is expected in the United States District Court for the Southern District of Florida.  Unknown if the court filing will be a new lawsuit or an addendum to the defendants in an existing lawsuit.  Unknown if Mr. Lopez will be accompanied by other plaintiffs who have claims to land upon which HAV or other airports are located in the Republic of Cuba. 

On 11 September 2019, Mr. Lopez was included (for an hotel claim) in a list of thirty-nine (39) individuals who are seeking class action status in a lawsuit (Case 1:19-cv-22529-FAM) previously filed against Melia Hotels International, SA.; Melia Hotels USA, LLC; Expedia, Inc.; Trivago GmbH, Hotels.com L.P.; Hotels.com GP, Orbitz LLC, Travelocity.com, LP; Booking.com B.V.; Booking Holdings Inc.; Grupo Hotelero Gran Caribe, Corporacion de Comercio Y Turismo Internacional Cubanacan S.A.; Grupo De Turismo Gaviota S.A.; Rail Doe 1-5; and Mariela Roe 1-5.  This lawsuit was filed by Coral Gables, Florida-based Rivero Mestre LLP. 

The asset of new primary focus is in Rancho Boyeros, created in 1976 as one of the fifteen municipalities in the city of Havana, Republic of Cuba.  Specifically, the target is what was known as Rancho-Boyeros Airport and today is known as Jose Marti International Airport (HAV).  Approximately fifty-one (51) airlines service HAV, including five (5) United States-based airlines.

The following are airlines been reported as providing services to the Jose Marti International Airport (HAV):  Aeroflot; AeroCaribbean; Aerogaviota; Aeropostal; Air Canada Rouge; Air Caraïbes; Air China; Air Europa; Air France; Air Transat; Alitalia; American Airlines; Aruba Airlines; Avianca; Bahamasair; Blue Panorama Airlines; Caribbean Airlines; Cayman Airways; Condor; Conviasa; Copa Airlines; Corsair International; Cubana de Aviación; Delta Air Lines; EasySky; Edelweiss Air; Eurowings; Evelop Airlines; Finnair; Iberia; InterCaribbean Airways; Interjet; Jet Blue Airways; KLM; LATAM; Lufthansa; Neos; Royal Flight; Southwest Airlines; Sunrise Airways; Sunwing Airlines; Swiss Air; TAAG Angola Airlines; TACA; TAME Quito; Turkish Airlines; United Airlines; Virgin Atlantic; Viva Aerobus; Wingo.

Likely given Mr. Lopez’s connectivity to Spain, both Madrid, Spain-based Lineas Aereas de Espana, S.A. (Iberia; a member of the 13-airline oneworld Alliance) and Llucmajor, Spain-based Air Europa Lineas Aereas S.A.U. (a member of the 19-airline Sky Team Alliance) will be included as defendants in any lawsuit. 

The inclusion of Iberia in a lawsuit would impact (management, shareholders) London, United Kingdom-based International Consolidated Airlines Group, S.A. (IAG; 2018 revenues exceeded US$30.5 billion) which controls Iberia and Hounslow, United Kingdom-based British Airways (member of oneworld alliance) and Dublin, Ireland-based Air Lingus (member of oneworld Alliance) among other airlines. 

Air Europa, the third-largest airline in Spain, is a subsidiary of Globalia Corporacion Empresarial, S.A. (2018 revenues approximately US$4 billion) whose hotel subsidiary, Be Live Hotels manages seven (1,502 rooms) properties in the Republic of Cuba which account for 31.6% of the company’s global room inventory.  Among its forty-four aircraft fleet, Air Europa operates twelve (12), with orders for fourteen (14), Boeing 787-8/9 Dreamliners and has orders for twenty-two (22) Boeing 737- MAX 8 aircraft.   

Unknown if legal counsel for Mr. Lopez will seek administrative action using Title IV of the Libertad Act which authorizes the United States Secretary of State to restrict entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.   

Is a Lawsuit Lawful? 

Section 4 of the Libertad Act provides definitions.  Item 13 (iii) notes that the term “traffics” does not include: “transactions and uses of property incident to lawful travel to Cuba, to the extent that such transactions and uses of property are necessary to the conduct of such travel.”   

Courts will decide whether cruise ships docking in Havana, hotels accepting guests, Internet-based platforms providing reservations, and airlines using Jose Marti International Airport were/are engaging in lawful activities.   

United States-based airlines and cruise lines and travel-related Internet companies argue they were/are and operate(d) under general licenses or specific licenses issued by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and/or authorization from the Bureau of Industry and Security (BIS) of the United States Department of Commerce, and/or authorization from the United States Department of Transportation (DOT) and/or legally-protected inspiration from The White House. 

In their defense against Title III lawsuits, defendants include standing issues (does the plaintiff have the right to sue), jurisdictional issues and perhaps constitutional issues.   

Marriott Controls Land Adjacent To Havana Airport  

On 5 August 2016, Paris, France-based Groupe ADP (formerly Aeroports de Paris), through wholly-owned subsidiary ADP Management, in association with Istanbul, Turkey-based TAV Airports (ADP has a 46% shareholding in TAV Airports), and in consortium with Paris, France-based Bouygues Batiment International (a subsidiary of Paris, France-based Bouygues Construction, reported that it was negotiating a concession contract with the government of the Republic of Cuba.  The concession contract would include renovation, extension and operation of existing international terminals and the development of the San Antonio de los Banos aerodrome, located to the west of Havana.  A goal of the agreement, now more than three years ago, was to “provide Havana with a handling capacity of over 10 million passengers per year from 2020, while current traffic is close to 5 million passengers and the announcements of the opening up of air traffic, notably to the USA, hold out the prospect of rapid growth in needs at the airport.”  Groupe ADP has not reported the concession contract is operational. 

Second-largest certified claimant, Bethesda, Maryland-based Marriott International, Inc. (2018 revenues approximately US$20 billion) through its subsidiary, Stamford, Connecticut-based Starwood Hotels and Resorts Worldwide LLC, has a certified claim which includes land adjacent to the Jose Marti International Airport.  Use of the land is important to the expansion of runways. 

Marriott International/Starwood Hotels and Resorts Worldwide has a series of two-year licenses from the OFAC to manage two (2) properties located in the Republic of Cuba.  Both properties (one currently through Starwood Hotels and Resorts Worldwide LLC) are in Havana, the 186-room Four Points by Sheraton Havana (which employs approximately 125 Republic of Cuba citizens) and 83-room Hotel Inglaterra (delayed opening without public explanation from December 2016 to December 2017 to December 2019 to “sometime” in 2020).  Both properties are owned by entities controlled by the Revolutionary Armed Forces of the Republic of Cuba (FAR).   

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 authorizes the United States Secretary of State to restrict entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  Only one company, Toronto, Canada-based Sherritt International Corporation (2018 revenues approximately US$528 million), is known currently subject to this provision based upon a certified claim. 

Suspension History 

Title III has been suspended every six months since the Libertad Act was enacted in 1996- by President William J. Clinton, President George W. Bush, President Barack H. Obama and President Donald J. Trump.  

On 16 January 2019, The Honorable Mike Pompeo, United States Secretary of State, reported a suspension for forty-five (45) days. 

On 4 March 2019, Secretary Pompeo reported a suspension for thirty (30) days.

On 3 April 2019, Secretary Pompeo reported a further suspension for fourteen (14) days through 1 May 2019. 

On 17 April 2019, the Trump Administration reported that it would no longer suspend Title III. 

On 2 May 2019 certified claimants and non-certified claimants were permitted to file lawsuits in United States courts. 

Certified Claims Background 

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the 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.  

What Is “Trafficking” According To Libertad Act? 

(13) Traffics.--(A) As used in title III, and except as provided in subparagraph (B), a person "traffics" in confiscated property if that person knowingly and intentionally-- (i) sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an interest in confiscated property, (ii) engages in a commercial activity using or otherwise benefiting from confiscated property, or (iii) causes, directs, participates in, or profits from, trafficking (as described in clause (i) or (ii)) by another person, or otherwise engages in trafficking (as described in clause (i) or (ii)) through another person, without the authorization of any United States national who holds a claim to the property. 

(B) The term "traffics" does not include-- (i) the delivery of international telecommunication signals to Cuba; (ii) the trading or holding of securities publicly traded or held, unless the trading is with or by a person determined by the Secretary of the Treasury to be a specially designated national; (iii) transactions and uses of property incident to lawful travel to Cuba, to the extent that such transactions and uses of property are necessary to the conduct of such travel; or (iv) transactions and uses of property by a person who is both a citizen of Cuba and a resident of Cuba, and who is not an official of the Cuban Government or the ruling political party in Cuba. 

“DETERMINATION OF OWNERSHIP OF CLAIMS REFERRED BY DISTRICT COURTS OF THE UNITED STATES 

"Sec. 514. Notwithstanding any other provision of this Act and only for purposes of section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, a United State district court, for fact-finding purposes, may refer to the Commission, and the Commission may determine, questions of the amount and ownership of a claim by a United States national (as defined in section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996), resulting from the confiscation of property by the Government of Cuba described in section 503(a), whether or not the United States national qualified as a national of the United States (as defined in section 502(1)) at the time of the action by the Government of Cuba.” 

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 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 Analysis In PDF Format

LINK To 2016 Article About Mr. Lopez Published By The New York Times: https://nyti.ms/1KU4Edn 

No Surprise: President Trump Continues Cuba Authorities Under Trading With The Enemy Act

The White House
Washington DC
September 13, 2019

MEMORANDUM FOR
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY

SUBJECT: Continuation of the Exercise of Certain Authorities under the Trading With the Enemy Act

Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. 4305 note), and a previous determination on September 10, 2018 (83 FR 46347, September 12, 2018), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to expire on September 14, 2019.

I hereby determine that the continuation of the exercise of those authorities with respect to Cuba for 1 year is in the national interest of the United States.

Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95-223, I continue for 1 year, until September 14, 2020, the exercise of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 C.F.R. Part 515.

The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.

DONALD J. TRUMP

16 Of World's Largest 325 Hotel Companies Have A Presence In Cuba- Including Number 1

According to Chicago, Illinois-based Hotels Magazine, sixteen (16) of the world’s three-hundred-twenty-five (325) largest hotel companies have a presence in the Republic of Cuba, either through one or more of their property brands:

1- Marriott International
6- Accor Hotels
20- Melia Hotels International
23- Minor International
31- Barcelo Hotels Group
38- RIU Hotels & Resorts
44- Iberostar Hotels & Resorts
58- Grupo Turismo Gaviota
70- Kempinski Hotels
93- H10 Hotels
96- Blue Diamond Hotels & Resorts
100- Grupo Cubanacan
112- Hotels Catalonia
119- Pestana Hotels & Resorts
161- Be Live Hotels
214- Hotels Islazul

LINK To Lists Published By Hotels Magazine

Prior To Departing On Marine One, President Trump Comments About Cuba & Venezuela

The White House
Washington DC
12 September 2019

REMARKS BY PRESIDENT TRUMP BEFORE MARINE ONE DEPARTURE

South Lawn
5:47 P.M. EDT

Q Mr. President, how was John Bolton holding you back on Venezuela, sir?

THE PRESIDENT: Say it.

Q How was John Bolton holding you back on Venezuela? Do you want more in military --

THE PRESIDENT: Well, we're dealing on Venezuela right now. It's going to be a very interesting period of time. We're also trying to help a lot of Venezuelans who are dying. They have no food. They have no water. And we are trying to help. A lot them have escaped, so to speak, into Colombia and different places. We're trying to help those people that have been able to get out.

But we are dealing with a lot of things having to do with Venezuela. My attitude on Venezuela is a very tough one. And, frankly, my attitude on Cuba is a very tough one. And, in a way, they go hand in hand, because Cuba has always made it possible for Venezuela to do what they’re doing. And, frankly, that’s ending now. And, likewise, Venezuela, through the oil, took care of Cuba. A lot of that is ending right now.

President Trump Tweets To Senator Rubio About Cuba- Bolton Was Holding Trump Back From Stronger Actions

Marco Rubio
‏Verified account @marcorubio
5:39 AM - 12 Sep 2019

Just spoke to @realDonaldTrump on #Venezuela
It’s true he disagreed with some of the views of previous advisor
But as he reminded me it’s actually the DIRECT OPPOSITE of what many claim or assume
If in fact the direction of policy changes it won’t be to make it weaker

Donald J. Trump
‏Verified account @realDonaldTrump
10:22 am- 12 Sep 2019

In fact, my views on Venezuela, and especially Cuba, were far stronger than those of John Bolton. He was holding me back!

Melia Hotels, Expedia, Trivago, Orbitz, Hotels.com, Travelocity, Booking.com Added To Title III Libertad Class Action Lawsuit

Rivero Mestre adds travel tech giants Expedia and Booking.com to Helms-Burton lawsuit; seeks treble damages  

“MIAMI—Sept. 11, 2019—Rivero Mestre filed an amendment to its Melia Hotel class action complaint alleging violations of the Helms-Burton Act to add defendants Booking.com, Expedia, and Melia International (and affiliates of each) as businesses that have trafficked in and benefitted from trafficking in properties confiscated by the Cuban government. The new defendants did not respond to 30-day notices of plaintiffs’ intent to sue, which gave plaintiffs the right to seek treble damages. The new defendants all are based in the U.S. or Spain, and include:  

Melia Hotels International, S.A., and its subsidiary Melia Hotels USA, LLC.; Expedia, Inc., and its subsidiaries Trivago, Hotels.com, Orbitz, and Travelocity.com; and Booking Holdings, Inc., and its subsidiary Booking.com 

The Helms-Burton Act provides Cuban-Americans, whose properties in Cuba were confiscated by the communist Castro dictatorship, with the right to recover damages from persons and entities that traffic in, or benefit from trafficking in, their properties. The Act also provides for treble damages against a defendant that received prior notice of the claim and did not stop its trafficking or compensate the owners of the confiscated property. Previously named defendants include: 

Grupo Hotelero Gran Caribe; Corporación de Comercio y Turismo Internacional Cubanacán S.A.; Grupo de Turismo Gaviota S.A.; and Trivago GmbH. 

The lawsuit originally was filed by Marisela Mata and Bibiana Hernandez, descendants of Antonio Mata y Alvarez, who built the San Carlos Hotel in Cienfuegos in 1925 and left Cuba after the Cuban government confiscated the hotel in 1962. The lawsuit sought individual damages and damages on behalf of a class of similarly-situated individuals. The amendment adds plaintiffs from three other families whose properties in Varadero, Cayo Coco, and Cienfuegos, Cuba also were confiscated by the communist Castro regime and later trafficked by the same Cuban, U.S., and European entities.”

LINK To Court Filings

United Nations Provides Provisional List Of Speakers For September 2019 General Debate

Office of the Spokesperson for the Secretary-General, United Nations Department of Public Information, has provided the provisional list of speakers at this year’s General Debate. 

The Honorable Donald J. Trump, President of United States, is scheduled to deliver remarks at 9:00 am on Tuesday, 24 September 2019. 

The unidentified Head of State of Venezuela is scheduled to deliver remarks on Thursday, 26 September 2019, during the period 3:00 pm to 9:00 pm. UPDATE: On 12 September 2019, President Maduro reported that he would not attend the United Nations. In 2018, President Maduro said the same, but attended.  

His Excellency Bruno Rodriguez, Minister of Foreign Affairs of the Republic of Cuba, is scheduled to deliver remarks on Saturday, 28 September 2019, during the period 9:00 am to 2:45 pm.  There remains an expectation that His Excellency Miguel Diaz-Canel, President of the Republic of Cuba, will deliver the remarks. 

LINK To List of Speakers In PDF Format

Carnival Corporation Seeks Court Permission To Appeal To Eleventh Circuit As To Claim Ownership

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.: 19-cv-21725-KING

JAVIER GARCIA-BENGOCHEA,
Plaintiff,
v.
CARNIVAL CORPORATION d/b/a/ CARNIVAL CRUISE LINE, a foreign corporation,
Defendant.

Introduction

"This is a textbook case for Section 1292(b) certification. Plaintiff brought among the first ever suits under the Helms-Burton Act. 22 U.S.C. § 6021 et seq.

Plaintiff’s Complaint required the Court to disregard normal principles of corporate law and hold that under Helms-Burton a plaintiff can make a claim not only for his or her own assets but also for the assets of a foreign corporation for which he or she was a shareholder.

The Court’s order finding that Bengochea can make a claim for the subject property, despite the undisputed fact that this property was owned by La Maritima, S.A., a Cuban entity, was not only unprecedented as to corporate law, but it was also the first ever direct judicial treatment of Helms-Burton.

Carnival respectfully requests this Court amend its August 26, 2019 Order to certify this discrete issue for interlocutory appeal pursuant to 28 U.S.C. § 1292(b).

Allowing for an interlocutory appeal here would allow the Court of Appeals to answer this threshold legal question at the outset and potentially avoid the expenditure of further resources by the Court and the parties. Accordingly, certification is proper."

LINK To Carnival Corporation's Motion For Certification For Interlocutory Appeal

Norwegian Cruise Line Title III Libertad Case Receives Discovery Expedited/Standard Track Schedule; Will Settlement Talks Begin?

United States District Court for the Southern District of Florida
Javier Garcia-Bengochea, Plaintiff,
v.
Norwegian Cruise Line Holdings, Ltd., Defendant.

Civil Action No. 19-23593-Civ-Scola

Order Requiring Discovery and Scheduling Conference
and
Order Referring Discovery Matters to the Magistrate Judge

LINK To Court Document In PDF Format

LINK To All Case Documents

President Diaz-Canel Meeting With Thirty-Largest Certified Claimants In NYC In September? He Should.

One Important Meeting In NYC For President Diaz-Canel
Host One; Seek The Other
Offense Rather Than Defense
A Meeting For Thirty Representatives
Postage For Invitations US$16.50
Trump Administration May Object
Government-To-Government Negotiations Still Possible- If Cuba Asks
Obama & Castro Bet On Clinton Victory; Diaz-Canel Paying For That Mistake

It’s time for the [H.E. Miguel] Diaz-Canel Administration embrace an offense rather than continue to attempt to fortify a defense defined by levels of acceptable pain rather than success.  Focus upon solutions rather than maintaining issues. 

That moment will be during the United Nations General Assembly (UNGA) in New York City in September 2019 for a first meeting with representatives of the thirty-largest United States certified claimants.   

For perspective, the two largest certified claimants represent 24% of the total value- with the second largest managing one (soon two) hotels in the city of Havana; the thirty certified claimants represent 56% of the total value.  There are 5,913 certified claimants.  The total value of the certified claims is US$1,902,202,284.95.   

While at the United Nations, President Diaz-Canel should seek a meeting with The Honorable Donald Trump, President of the United States.  As distasteful as the optics of such a meeting might be, absent settlement of the certified claims and changes to United States statutes, regulations and policies, the Republic of Cuba will continue to be globally constrained commercially, economically and politically; and a strategy of “waiting-him-out,” by relying upon a loss by President Trump on 3 November 2020 is government malpractice because whomever is victorious will not necessarily do what they said they wanted to do when they wanted to do it.  There are always unknown disruptors- for example, health issues of diplomats and Venezuela. 

The Meeting 

As soon as possible, invitations (through the government’s longtime legal counsel in New York City; postage US$16.50) should be delivered to each of the thirty-largest certified claimants to meet with President Diaz-Canel at the Permanent Mission of the Republic of Cuba to the United Nations located on Lexington Avenue. 

The purpose of the meeting would be to commence negotiations to settle the certified claims.  Timelines would be agreed to, benchmarks for progress (or lack thereof) would be agreed to, and there would be transparency.   

There exists a certified claims settlement proposal [LINK] presented in 2018 to the Trump Administration and the Diaz-Canel Administration.  There are two certified claims [LINK] whose settlement would be least problematic. 

The moment such a negotiation is announced, the Republic of Cuba will gain from its supporters, allies, rivals and enemies.   

Companies will create their interest, renew their interest or expand their interest towards the country.  Rather than cringe when pondering the issues relating to engagement with the Republic of Cuba, there would be less concern and more relief.  As a collective block, the European Union (EU) would be relieved. 

With a settlement of the certified claims, commercial activity in the Republic of Cuba gains value; potential direct foreign investment projects become more viable.   

Absent the issue of the certified claims, other components of United States statutes, regulations and policies would adjust as United States companies without the impediment of certified claims must have the required tools to make use of whatever value is obtained from a settlement. 

If a resolution involves currency- the certified claimant must be able to obtain it, control it, move it.  If resolution involves a security- the certified claimant must be able to obtain it, control it, sell it, or trade it.  If the resolution involves an asset- the certified claimant must be able to obtain it, control it, operate it, invest in it, accept investors, sell shares. 

There are individuals within the Republic of Cuba who don’t object to compensating certified claimants but are adamant that the presence of United States companies is unwelcome.  There are individuals who believe that no compensation is required; and United States companies are unwelcome.  

The Trump Administration may object- by statement, by Tweet, by speech, by press conference and define the meeting as a sham; an effort by the Republic of Cuba to distract and buy time from additional lawsuits being filed and to create expanded distance between the validity of the certified claimants from the non-certified claimants.   

The Trump Administration will maintain that its policies towards Venezuela are impacting the Republic of Cuba and its policies towards the Republic of Cuba are impacting the Republic of Cuba- so the Diaz-Canel Administration is desperate to make deal.  Wait, certified claimants, the Trump Administration will argue- so an even better deal will be offered once the Maduro Administration in Caracas is replaced with the Guido Administration and Venezuela ends its discounted oil sales to the Republic of Cuba and removes Republic of Cuba nationals who work (primarily healthcare) on a contract basis in Venezuela- only then the Republic of Cuba will be truly desperate to make a deal.  The Trump Administration will argue that certified claims negotiations are government-to-government rather than certified claimant(s)-to-government. 

All the above arguments would be traditionally persuasive.  But, the last argument is the weakest when it should be the strongest.   

In 2018 and then in 2019, leading to the decision by the Trump Administration to implement Title III of the Cuban Liberty and Solidarity Act of 1996, known as the “Libertad Act,” officials of the Trump Administration (The White House, United States Department of State) never invited, individually or in groups, the largest certified claimants to a meeting or meetings- the two largest certified claimants (and their legal counsels) have confirmed this to be true- and they represent 24% of the total value of all 5,913 certified claims.  

Those most impacted by the Title III decision were specifically excluded from any input as to whether they would benefit or suffer from a decision to implement Title III.   

Why didn’t the Trump Administration, through the National Security Council (NSC), convene a one-day conference, a series of briefings, a teleconference, a webinar, with the largest certified claimants?  Because the interests of the largest certified claimants were immaterial to the decision-making process. 

If the goal of the Trump Administration was to negotiate a settlement, would not the process had included the United States Secretary of State sending a letter to the Minister of Foreign Affairs of the Republic of Cuba requesting (or demanding) that negotiations begin at the earliest date?  And, if the Republic of Cuba refused, then there would be consequences?  The Trump Administration implemented the consequences prior to extending an invitation. 

As the Libertad Act permits private settlements, and the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury authorizes certified claimants to visit the Republic of Cuba for certified claims-related purposes, if the United States government hasn’t an interest in solving the problem, then perhaps the private sector needs to intervene.   

In 2018, a comprehensive proposal for a government-to-government certified claims negotiation was presented to the Trump Administration in Washington DC and to the Diaz-Canel Administration in Havana.  Unfortunately, issues relating to Venezuela interceded and the proposal was waylaid. [LINK To Proposal]. 

NOTE: There should be no surprise if the Trump Administration again suspends the right-of-action under Title III.  If there are not many lawsuits filed (estimates referenced by the United States Department of State were upwards of 200,000 for non-certified claimants), and the Trump Administration needs the assistance from the EU, Canada, Japan, and countries in The Americas for an issue (China, Iran, North Korea, Russia, Syria, Turkey, Venezuela), again suspending Title III would be a painless offering as existing lawsuits would be unaffected.  

Thus far, there have been fourteen (14) lawsuits filed using Title III in United States District Courts; and there is one (1) related lawsuit filed in Spain using a law similar to provisions of Title III.  Thus far, none of the lawsuits using Title III have been dismissed by the respective presiding judge. 

The [Barack] Obama Administration and the [Raul] Castro Administration abjectly failed to use their uniquely created moments from 17 December 2014 through 20 January 2017 to negotiate a settlement for the certified claims.  The failure was due in part to each government expecting a [Hillary] Clinton Administration- so they believed no urgency to work through the complicated issues.  A debacle for the Castro Administration, and inherited by the Diaz-Canel Administration. 

The Republic of Cuba wagered a better deal would be had not from the Obama Administration, but from a potential Clinton Administration.  How could they have believed that?  Perhaps, they will not make the same mistake in advance of 3 November 2020.     

Cuba’s Problems & EU Comments 

An unnerving and continuing consensus amongst leadership within the global business community and government leadership: The country chooses to remain anachronistic, and its chronic shortage of foreign exchange reflects that adhesion to an unsustainable model.  Foreign debt (commercial and sovereign) continues to increase.  Revenues from exports have decreased.  Costs for imports have increased.  Not unusual for Republic of Cuba government-operated companies to seek payment terms of 720 days.  Consumer retail prices reflect a mark-up from cost of 240% on average; true wholesale markets are nonexistent.  Production of agricultural commodities remains inefficient.  The manufacture and assembly of products is lackluster.  The self-employed continue to be constrained.  Statutes, regulations and policies remain fluid which impacts strategic planning.  Trends for visitor arrivals and revenues have decreased- not only from the United States; and tourism (and other) infrastructure languishes from neglected maintenance and investment.  Financial support from the [Nicolas] Maduro Administration in Venezuela continues to decrease (and extinguishing is not unlikely) and no other country or countries will individually or collectively replace it.  Suspicions fueled by ideology and history and inefficiencies of process continue to restrain companies from engagement- exporting to, importing from, providing services for, and supporting delivery of direct foreign investment.   

As one company executive wrote years ago, the Republic of Cuba functions as it does primarily because others have paid for the country to remain an anachronism- a sort of Yesterday Land within an amusement park of decay.  When visitors ponder- “How did they do it?” the context is “How did they let it get this way and why don’t they do something about it?” 

The twenty-eight (28) member EU has in limited instances expressed publicly its frustrations with the Republic of Cuba, but during a 31 May 2019 forum sponsored by the Ministry of Foreign Affairs (MINREX) of the Republic of Cuba, Ambassador Alberto Navarro, Head of Delegation, was quoted:  

“Beyond looking at the past and criticizing the Helms-Burton law, there is also an opportunity here to improve the security of investments, to facilitate trade and investment and there the European Union will be with you,” and “[I]n these difficult times, seek the opportunity to improve the investment climate and to facilitate trade and investment,” and “[T]here are sufficient arguments for Cuba to understand that the countries with the greatest trade opening are the most prosperous in the world.”  And, “I have not seen any country emerge from underdevelopment through development aid and international solidarity (...) The countries that prosper are thanks to trade liberalization and foreign investment (...). unique, an opportunity.”  Settling the certified claims are a means to bring forth to reality the potential discussed by Ambassador Navarro.  

Cuba Confirms Claims Obligation 

The government of the Republic has confirmed its obligation to compensate the certified claimants.  From a December 2015 report by the Brookings Institution: “Importantly, Law 851 of July 6, 1960, which authorized the nationalization of the properties of U.S. nationals (in retaliation for the refusal of U.S.-owned refineries to refine crude oil from the Soviet Union) provided for compensation payments.  These payments were to be arranged by means of 30-year bonds with two percent interest, to be financed from sugar sales to the United States, which the United States was already cutting as punishment for previous Cuban actions.  However disingenuous the payment scheme, the law nevertheless acknowledged the compensation obligation.  Similarly, the Agrarian Reform Law of May 17, 1959 provided for compensation via 20-year bonds with interest.” 

“Interested in attracting foreign investors, the Cuban government recognizes that unresolved U.S. property claims, and associated U.S. legislation, raise a significant barrier to new capital inflows. For many non-U.S. multinationals, the Cuban market is too small to risk potential confrontations with the U.S. government or with U.S. claimants.  As with U.S. sanctions more generally, the unresolved property claims, even when they do not forestall deals entirely, do raise the costs of doing business in Cuba, and hence prejudice Cuban economic development…. In so far as Cuba wishes to restore normal commercial relations with the very large market immediately to its north, the outstanding property claims remain a significant barrier, legally, politically, and commercially.” 

Important for the Republic of Cuba to directly compensate certified claimants.  Third parties invited by the Republic of Cuba to make use of expropriated properties should not be compensating the certified claimants.  The resolution must be bilateral; a straight line rather than a triangle. 

What the Republic of Cuba must not do is seek further to merge their financial issues with the United States government with compensating the certified claimants.  The government of the Republic of Cuba reported in June 2019 that damages “in 2018 exceeded $134 billion at current prices and ‘the figure of $933 billion dollars, taking into account the depreciation of the dollar against the value of gold in the international market.’”  In August 2019, the government of the Republic of Cuba reported that the damages were valued at US$138.843 billion at current prices.  The certified claims have nothing to do with damages; and efforts at linkage will remain unsuccessful and harmful.  In September 2019, the government of the Republic of Cuba reported that “the accumulated damages resulting from almost six decades of the blockade have reached US$138,843,400,000.00, and that taking into account the depreciation of the dollar against the value of gold on the international market, that amount reaches US$922,630,000,000.00.”

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.  Since 1996, the United States Department of State has on occasion issued letters requesting information from companies as to their activities in the Republic of Cuba and has informed companies that they could receive letters.  The total number of letters issued since 1996 is reportedly less than twelve (12).  One Canada-based company is currently subject to this provision based upon a certified claim.  There is limited legal recourse for appealing a Title IV determination.  The United States Department of State refuses to divulge how many letters have been sent and/or to whom the letters have been sent. 

Suspension History 

Title III had been suspended every six months since the Libertad Act was enacted in 1996- by President William J. Clinton, President George W. Bush, President Barack H. Obama and President Donald J. Trump.  

On 4 March 2019, The Honorable Mike Pompeo, United States Secretary of State, reported that there would be a suspension for thirty (30) days. 

On 3 April 2019, Secretary Pompeo reported a further suspension for fourteen (14) days through 1 May 2019. 

On 17 April 2019, the Trump Administration reported that it would no longer suspend Title III. 

On 2 May 2019 certified claimants and non-certified claimants were permitted to file lawsuits in United States courts. 

Certified Claims Background 

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the 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 Analysis In PDF Format

Additional Analysis 

Troika To Negotiate Settlement Of Certified Claims Against Cuba?  Kushner, Greenblatt & Feinberg 

https://www.cubatrade.org/blog/2018/11/18/lojx6s6oe5epgonh6mub855d5ak143?rq=G20

Will Cuba Accept Maduro? Yes. But, There’s At Least One Problem. Trust.

Published 7 September 2019 

Will Cuba Accept Maduro?  Yes.  But, There’s At Least One Problem.  Trust. 

H.E. Nicolas Maduro, President of Venezuela, members of his immediate family, aides and members of the government, board an aircraft at Simon Bolivar International Airport (SMVI) or Generalissimo Francisco de Miranda Air Base (SVFM) near the capital, Caracas. 

The aircraft may be the property of the government of Venezuela, the government of the Republic of Cuba, of a third country, or chartered by an international organization, such as the United Nations (UN). 

Scenario One- The F-16’s  

The aircraft departs Venezuela for the 1,342-mile, three-and-a-half-hour flight to Jose Marti International Airport (HAV) or military airports Managua Airport (MUMG) or San Antonio de los Banos Air Base (MUSA). 

Soon after departing Venezuela airspace, The Honorable Donald Trump, President of the United States; The Honorable Michael Pompeo, United States Secretary of State; The Honorable John Bolton, Assistant to the President for National Security Affairs; and The Honorable Elliott Abrams, Special Representative for Venezuela at the United States Department of State; along with members of the United States Congress, publish statements using the Twitter platform.   

Collectively, the statements congratulate the citizens of Venezuela for obtaining their freedom, confirm that the United States will be supporting the citizens of Venezuela, confirm that commercial, economic and political sanctions will soon be removed, and note that the government of the Republic of Cuba “has now done what it should have done years ago.  Maduro should still face justice for his crimes.”     

Other statements, although more positive in tone, are issued by individual governments and by the one hundred ninety-three-member UN, twenty-eight member European Union (EU) and thirty-five-member Organization of American States (OAS).    

Nearing the end of the journey, while over international waters, four (4) General Dynamics F-16 Fighting Falcon aircraft from the United States Air Force intercept the aircraft transporting Mr. Maduro and require the pilots to land either in the United States or a third country.  If in a third country, Mr. Maduro is then flown to the United States, likely the state of Florida, where he is arrested, arraigned, charged and then remanded to custody at the Federal Courthouse in Miami, Florida.  His mug shot is included in a Tweet published by President Trump. 

Presumably, President Maduro would not depart Venezuela using an aircraft belonging to the government of Venezuela precisely to seek to prevent the aforementioned scenario- President of the National Assembly of Venezuela and Interim President Juan Guaido would likely not strenuously object to a redirection of the aircraft and would rescind any diplomatic immunity for those aboard the aircraft.  If, however, the aircraft belongs to the government of the Republic of Cuba or another country (China, Russia or Turkey for example) or chartered by an international organization which has diplomatic status, would the United States feel encumbered by potential criticism?  As of today, doubtful. 

Scenario Two- Extradition 

The aircraft departs Venezuela for the 1,342-mile, three-and-a-half-hour flight to commercial airport Jose Marti International Airport (HAV) or military airports Managua Airport (MUMG) or San Antonio de los Banos Air Base (MUSA). 

Soon after departing Venezuela airspace, The Honorable Donald Trump, President of the United States; The Honorable Michael Pompeo, United States Secretary of State; The Honorable John Bolton, Assistant to the President for National Security Affairs; and The Honorable Elliott Abrams, Special Representative for Venezuela at the United States Department of State; along with members of the United States Congress, publish statements using the Twitter platform.   

Collectively, the statements congratulate the citizens of Venezuela for obtaining their freedom, confirm that the United States will be supporting the citizens of Venezuela, confirm that commercial, economic and political sanctions will soon be removed, and note that the government of the Republic of Cuba “has now done what it should have done years ago.  The United States appreciates that President Diaz-Canel has helped to end the suffering of the citizens of Venezuela; now he should focus on ending the suffering in Cuba.” 

Other statements, although more positive in tone, are issued by individual governments and by the one hundred ninety-three-member United Nations (UN), twenty-eight member European Union (EU) and thirty-five-member Organization of American States (OAS).    

Upon landing, Mr. Maduro and his party are transferred to several secure protocol residences located in the Miramar District of Havana. 

Hours later, there is a new series of statements from officials of the United States government and by members of the United States Congress: The government of the Republic of Cuba must “immediately extradite Maduro and others to face justice or Cuba will face even more severe consequences for harboring an international criminal and drug trafficker.” 

Verbal whiplash for the [Miguel] Diaz-Canel Administration in Havana: At 10:00 am, President Maduro departed Venezuela.  At 1:30 pm, he arrived in the Republic of Cuba.  At 1:45 pm, the United States government confirmed the Republic of Cuba’s constructive role in resolving the problem for Venezuela.  At 3:00 pm, the United States is again condemning and threatening the Republic of Cuba. 

The Questions 

For the government of the Republic of Cuba, determining its role in resolving the commercial, economic and political issues in Venezuela includes determining whether the United States wants to resolve a problem or maintain an issue.  It’s about trust. 

The United States proposal to the government of the Republic of Cuba: Accept President Maduro, his immediate family, aides and members of the government.  In return, the United States will not seek the extradition of Mr. Maduro or any of the other members of the traveling party and will not criticize the Republic of Cuba for accepting Mr. Maduro or any of the other members of the traveling party.  The United States will continue to search for assets connected to Mr. Maduro, his family, aides, and officials located outside of Venezuela and return those assets to Venezuela. 

Even if the United States were to put the proposal in writing, and it was signed by President Trump, Secretary Pompeo, Ambassador Bolton and Ambassador Abrams, could and should the Diaz-Canel Administration and other governments have confidence that the agreement would binding… and for how long would be until the next statement issued using Twitter that the agreement was no longer valid?     

Additional Analysis 

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?rq=maduro