Lawsuits Continue: Judge Reverses Two More Libertad Act Rulings Against Royal Caribbean Cruises & MSC Cruises

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

LINK To Omnibus Order Denying Motion For Judgement On The Pleadings

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

LINK To Order Granting Motion For Reconsideration

Pernod Ricard Of France Sued By Former Property Owner In Cuba Using Libertad Act

MARLENE CUETO IGLESIAS AND MARIAM IGLESIAS ALVAREZ V. PERNOD RICARD [1:20-cv-20157; Southern Florida District]

Law Offices of Andre G. Raikhelson LLC (plaintiff)
Ainsworth & Clancy PLLC (plaintiff)
Carlton Fields P.A. (defendant)

NOTE: The United States is the largest market for Pernod Ricard brands, representing 18% of global sales. Pernod Ricard has offices in New York, New York, and Ft. Lauderdale, Florida. Havana Club is a rum brand distributed by Pernod Ricard outside of the United States.

LINK To Case Filings

Excerpts From Plaintiff Complaint

13. Plaintiff, a U. S. national as defined by 22 U.S.C. § 6023(15), is the rightful owner of a 100% interest in certain property of Conac Cueto, C.I.A, a Cuban company, originally located at Avenue 25 #5401, Almendares, Buena Vista, Havana, Cuba (the “Subject Property”, “Conac Cueto” or “Company”).

14. Plaintiff’s family were well known in the Havana area and owned various businesses and properties.

15. Specifically, Plaintiff’s father, Fernando Tomas Cueto Sanchez, founded Conac Cueto in the early 1950s.

16. Conac Cueto produced and sold cognac and other spirits in the Republic of Cuba throughout the 1950s and until 1963 when the communist Cuban Government confiscated the Subject Property. The Conac Cueto product line included Conac Cueto Extra Viejo, Conac Cueto Anejo V.S., Conac Cueto Extra Dry, Champagne Conac Cueto, Aguardiente Cueto and others.

17. The Company’s assets included intellectual property, oak barrels, bottles, labels, corks, tasters, meters and other assets the Company used in the production and sale of cognac. The Company employed a house chemist, a house taster, staff accountants, a general manager, and numerous employees and sales representatives.

18. The communist Cuban Government confiscated the Subject Property and forcefully took possession and control of all Company assets, the Company market segment and the Company intellectual property. In 1963, the communist government of Cuba gathered all Company assets and took them to the rum company of the Cuban government, “Cuban Government Rum Company,” which was the result of the Cuban government nationalizing other spirit companies including the now infamous, Jose Arechabala S.A, who was the original owner of Havana Club brand. Similar to the fate of Jose Arechabala S.A and the Havana Club brand, the Company’s brand Conac Cueto Extra-Viejo and all other assets were forcefully transferred to the Cuban Government Rum Company and eventually rebranded as Havana Club.

19. The communist Cuban Government maintains possession of the Subject Property and has not paid any compensation to Plaintiff for its seizure. The Cuban Government has partnered with the Defendant to distribute the Havana Club brand as well as other ventures to be found in discovery.

20. The communist Cuban Government expropriated, and seized ownership and control of the Subject Property. The Subject Property has not been returned and adequate and effective compensation has not been provided. Further, the claim to the Subject Property has not been settled
pursuant to an international claims settlement agreement or other settlement procedure.

21. More specifically, the communist Cuban Government seized ownership and control of the Subject Property since 1963 and used the rights in the Subject Property to produce and sell the Company’s product lines and utilize the intellectual property of the Company under the name Havana Club without consent from or compensation paid to Plaintiff, a U.S. citizen.

22. Plaintiff never abandoned her legitimate interest in the Subject Property.

23. Plaintiff’s interest in the Subject Property is based upon an uncertified claim, and Plaintiff did not have the ability to bring a claim under the Settlement of International Claims Act of 1949.

24. Upon information and belief, beginning on or about 1993 and continuing to today, the Defendants knowingly and intentionally commenced, conducted, promoted and distributed its Havana Club brand and line of products worldwide using the Subject Property by using the assets
and intellectual property of the Subject Property without the authorization of Plaintiff.

25. Upon information and belief, beginning on or about 1993 and continuing for at least a year thereafter, the Defendants also knowingly and intentionally participated in and profited from the communist Cuban Government’s possession of the Subject Property without the authorization of Plaintiff.

26. The Defendants’ knowing and intentional conduct with regard to the confiscated Subject Property is trafficking as defined in 22 U.S.C. § 6023(13)(A).

27. As a result of the Defendants’ trafficking in the Subject Property, the Defendants are liable to Plaintiff for all money damages allowable under 22 U.S.C § 6082(a).

28. Plaintiff timely provided the Defendants with written notice by certified mail of Plaintiff’s intent to commence this action with respect to the Subject Property in accordance 22 U.S.C. § 6082(a)(3).

Excerpts From Defendant Motion To Dismiss

The Complaint should be dismissed under any of four separate and independent provisions of Rule 12 of the Federal Rules of Civil Procedure.

First, the Court lacks personal jurisdiction over PRSA, a French company headquartered in Paris, on the face of the Complaint and on the declaration being presented simultaneously to the Court. This evidence demonstrates that PRSA does not do business in Florida, is not licensed in Florida, and does not have an office or physical presence in Florida. The Court accordingly lacks general personal jurisdiction over PRSA. PRSA’s declarant also explains that PRSA does not manufacture cognac in Cuba, and it does not distribute Havana Club branded rums in Florida or anywhere in the United States, since Cuban origin spirits cannot be sold in the U.S. pursuant to U.S. embargo regulations. Cueto cannot, consequently, establish specific personal jurisdiction over PRSA. Don King Prods., Inc. v. Mosley, 2016 WL 3950930, *3–4 (S.D. Fla. Jan. 27, 2016) (Williams, J.) (dismissing for lack of specific 1 Unless otherwise noted, all emphasis is added and internal citations and quotations omitted.-2- jurisdiction where no “connexity” between claim and defendant’s contacts with forum).

Second, Cueto failed to properly serve PRSA in accordance with the Hague Convention and the prescribed laws of France for service of process. The notice of service was not addressed, directed to, or served on, a legal representative, the representative’s proxy, or a person empowered to accept service of process in accordance with French law.

Third, the Court lacks subject matter jurisdiction because Cueto lacks standing. Cueto’s claim that the Cuban government expropriated Conac Cueto’s property in Cuba, folded Conac Cueto’s described assets into a new company and rebranded its offerings “Havana Club,” fails to allege an injury, or even the exacerbation of an injury, that is fairly traceable to PRSA.

Fourth, Cueto has failed to sufficiently or plausibly state a claim under the Helms-Burton Act. That Act is not generally applicable; it has a host of specific elements that must be pled and proved to sustain a claim and which are noticeably absent from the Complaint.

For all of these reasons, the Complaint should be dismissed pursuant to Rule 12(b)(1), 12(b)(2), 12(b)(5), and 12(b)(6).

Iberostar Hoteles Of Spain Sued By Former Property Owner In Cuba Using Libertad Act

MARIA DOLORES CANTO MARTI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF DOLORES MARTI MERCADE AND FERNANDO CANTO BORY V. IBEROSTAR HOTELES Y APARTAMENTOS SL [1:20-cv-20078; Southern Florida District]

Zumpano Patricios P.A. (plaintiff)
Holland & Knight (defendant)

NOTE: Iberostar Hoteles has two properties in the United States: 70 Park Avenue in New York City and Berkeley in Miami Beach, Florida. Iberostar Hoteles manages eighteen properties in the Republic of Cuba.

LINK To Case Filings

Excerpts From Plaintiff Complaint

10. In March 1909, Fernando Canto Granda acquired the real property located at Calle Enramadas, Esq. Santo Tomás, Santiago de Cuba, Cuba, 90200.

11. Thereafter, in or about March 1909, Fernando Canto Granda began developing the building that in 1916 housed a hotel named “El Imperial” that had a restaurant and bar, as well as the La Francia department store, which was owned and operated by Fernando Canto Granda. All property1 that was located at Calle Enramadas, Esq. Santo Tomás, Santiago de Cuba, Cuba, 90200, and all property of the La Francia retail business is collectively referred to hereinafter as the “Subject Property”.

12. In 1942, Fernando Canto Granda died intestate in Cuba. At that moment, ownership of the Subject Property passed to his four heirs, two of which died thereafter with no descendents, thereby passing their respective interest in the Subject Property to their two living siblings, Fernando Canto Bory and Rosa Canto Bory, in equal parts, by operation of Cuban law.

13. Therefore, Fernando Canto Bory inherited a one-half interest in the Subject Property.

14. In 1961, with the adoption of a series of Cuban laws published in the Cuban Official Gazette2, the communist Cuban Government3 nationalized, expropriated, and seized ownership and control of the Subject Property without authorization by or compensation to the Subject Property rightful owners, thereby confiscating4 the Subject Property.

15. At such time, Fernando Canto Bory became the owner of a one-half interest in the claim to the confiscated Subject Property.

16. Fernando Canto Bory was a U.S. citizen as of 1972 and later died in San Juan, Puerto Rico in 1992.

17. Upon his death, Fernando Canto Bory’s interest in the claim to the Subject Property passed to his wife, Dolores Martí Mercadé, who was also a U.S. citizen as of 1972.

18. Thereafter, Dolores Martí Mercadé died on February 27, 2007.

19. To the extent such interest in the claim to the confiscated Subject Property did not ultimately transfer to Dolores Martí Mercadé, the Estate of Fernando Canto Bory maintains and owns such remainder interest.

22. In accordance with the Act, decedents Fernando Canto Bory and Dolores Martí Mercadé were not eligible to file a claim with the Foreign Claims Settlement Commission under Title V of the International Claims Settlement Act of 1949 (22 U.S.C. § 1643 et seq.) because Fernando Canto Bory and Dolores Martí Mercadé were not U.S. citizens at the time the Subject Property was confiscated.

25. Upon information and belief, since it confiscated the Subject Property, the Cuban Government has continued to operate and manage a hotel on and using the Subject Property, thereby trafficking5 in the Subject Property by, including but not limited to, knowingly and intentionally: 1) acquiring, holding an interest in, managing, possessing, obtaining control of, and using the confiscated Subject Property; 2) engaging in commercial activity using and benefitting from the confiscated Subject Property, in part by entering into commercial arrangements with Iberostar, and other entities, to use and otherwise benefit from the confiscated Subject Property; and 3) causing, directing, participating in, and profiting from its commercial arrangements with Iberostar and other entities to use and benefit from the confiscated Subject Property, without any authorization by or compensation to Plaintiff.

26. Upon information and belief, since at least as early as November 2016 Iberostar has been blatantly trafficking in the confiscated Subject Property.

27. Upon information and belief, beginning approximately November 2016, Iberostar entered into a commercial arrangement with the Cuban Government to co-manage and co-operate the Iberostar Imperial hotel6, which currently includes the La Francia Restaurant, Parrillada La Joya Snack Bar, Don Fernando Lobby Bar, and El Dorado Roof Garden, all of which sit on and are part of the Subject Property.

28. In co-managing and co-operating the Iberostar Imperial Hotel, Iberostar has been and is currently engaging in commercial activity using and otherwise benefitting from the Subject Property.

34. In addition, Iberostar named the Iberostar Imperial Hotel lobby bar “Don Fernando Lobby Bar” after decedent Fernando Canto Bory without having obtained decedent Fernando Canto Bory’s or Plaintiff’s authorization to use decedent Fernando Canto Bory’s name—a clear indication of Iberostar intentionally and knowingly engaging in commercial activity using and otherwise benefitting from the Subject Property.

35. Moreover, upon information and belief, as previously mentioned, Iberostar has entered into commercial agreements with a host of corporations that own and operate travel booking websites (the “Online Booking Providers”), whereby the Online Booking Providers provide room booking services for the Iberostar Imperial Hotel and market and advertise the Iberostar Imperial Hotel and its features for the Online Booking Providers’ own profit and benefit, including in the form of fees and commissions, for the bookings completed on their websites.

36. The Online Booking Providers include, but are not limited to Booking Holdings Inc., which owns and operates the websites booking.com and kayak.com, and Expedia Group, Inc., which owns and operates the website expedia.com, and owns other entities that operate hotels.com, orbitz.com, travelocity.com, trivago.com, and cheaptickets.com.

37. Therefore, the Online Booking Providers have entered into commercial arrangements with Iberostar and/or the Cuban Government at least as early as November 2016 to both use and benefit from the confiscated Subject Property without authorization by or compensation to Plaintiff.

38. As such, the Online Booking Providers have also been causing, furthering, participating in, and profiting from Iberostar’s and the Cuban Government’s engagement in commercial activity using or otherwise benefitting from the Subject Property.

39. And, in turn, Iberostar has been causing, furthering, participating in, and profiting from the Online Booking Providers’ engagement in commercial activity using or otherwise benefitting from the Subject Property.

OFAC Publishes Fact Sheet For COVID-19 Donations To Cuba

Publication of a Fact Sheet on the Provision of Humanitarian Assistance and Trade to Combat COVID-19

On April 16, the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Fact Sheet ​highlighting the most relevant exemptions, exceptions, and authorizations for humanitarian assistance and trade under the Iran, Venezuela, North Korea, Syria, Cuba, and Ukraine/Russia-related​ sanctions programs. The Fact Sheet also outlines specific guidance for OFAC-administered sanctions programs related to personal protective equipment (PPE) and other Coronavirus Disease 2019 (COVID-19)-related humanitarian assistance and trade.​

For more information regarding the scope of any sanctions programs’ requirements, or the applicability or scope of any humanitarian-related authorizations, please contact OFAC’s Sanction Compliance and Evaluation Division at (800) 540-6322 or (202) 622-2490, or by email at OFAC_Feedback@treasury.gov.

LINK To FACT SHEET

Judge Reverses Motion To Dismiss With Prejudice In Libertad Act Lawsuit Against Norwegian Cruise Line

Excerpts….

“Following an extensive review of the arguments presented in the parties’ briefs and in the arguments addressed at the hearing, the issues raised in each of Havana Docks’ cases under Title III, and the limited relevant caselaw concerning the LIBERTAD Act, the Court agrees with Plaintiff that reconsideration of its NCL Order is warranted to correct errors of fact and law that, when compounded, led the Court to incorrectly dismiss the instant action with prejudice.”

“C. Leave to Amend

Based on the errors in the Court’s NCL Order, the Court concludes that good cause exists to vacate its NCL Order, reopen this case, and permit Havana Docks to file its Amended Complaint.

Allowing Plaintiff to file the Amended Complaint is warranted because Havana Docks reasonably relied on the Court’s holding in its Carnival Order in gauging the sufficiency of the allegations plead in the instant action.15 Additionally, the errors of fact and law in the Court’s NCL Order also support permitting Havana Docks to file its Amended Complaint.

Moreover, the Court disagrees with NCL regarding the futility of permitting Plaintiff to file its Amended Complaint. Instead, the Court finds that Havana Docks can sufficiently allege a claim under Title III, in light of the Court’s discussion above with regard to the express language and purpose of the Act and the additional allegations in the Amended Complaint regarding Havana Docks’ various property interests. Plaintiff’s Amended Complaint would also not fail as a matter of law because, contrary to the Court’s previous conclusion in its NCL Order, the liability provision of Title III does not contain any temporal limitation. Likewise, the Court finds the allegations in the Amended Complaint to be sufficient to assert a claim under Title III because Plaintiff has adequately alleged that it owned a Certified Claim to an interest in the Subject Property that was wrongfully confiscated and that NCL knowingly trafficked in the confiscated Subject Property.

Thus, the Court concludes that allowing Havana Docks to file its Amended Complaint would not be futile in this case. See Bryant, 252 F.3d at 1164 (concluding that the district court’s finding of futility “ignore[d] the fact that the district court earlier had found the complaint sufficient, thus justifying, until [the Eleventh Circuit’s] opinion, the plaintiffs’ belief that they did not need to include any further allegations in the Amended Complaint”). Finally, given the significant factual and legal errors contained within the NCL Order, the Court believes it necessary to vacate its NCL Order in its entirety.

IV. CONCLUSION
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Plaintiff’s Motion, ECF No. [44], is GRANTED.
2. The Court’s Order on Motion to Dismiss, ECF No. [42], is VACATED.
3. The Clerk of Court is directed to REOPEN the above-styled case. The Court will enter a separate order resetting all trial and pre-trial deadlines.
4. Plaintiff must separately refile its Amended Complaint, ECF No. [44-1], by no later than April 21, 2020.
DONE AND ORDERED in Chambers at Miami, Florida on April 14, 2020.”

LINK To Court Decision

In Pan American Day Proclamation, President Trump Defines Cuba As "Authoritarian" And "Tyrannical" Regime"

The White House
Washington DC

13 April 2020

PAN AMERICAN DAY AND PAN AMERICAN WEEK, 2020
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION

This year marks 130 years since the spirit of cooperation, hope, and progress brought together the nations of the Americas at the First International Conference of American States. This historic meeting chartered the course for the establishment of the Organization of American States in 1948, an institution that has ever since worked toward peace and prosperity throughout the Americas, encouraging the nonviolent resolution of conflict and promoting mutual social and economic growth. As we celebrate our remarkable progress this Pan American Day and Pan American Week, let us also reaffirm our resolve to uphold and bolster liberty, democracy, and freedom in our Hemisphere.

As part of our commitment to advancing dignity and freedom, my Administration will always work to combat human trafficking. This work requires enhanced border security and a well-functioning immigration system. Through our cooperation with the Governments of Mexico and our Central American partners, we have instituted reforms that help ensure the security and well-being of our peoples. By signing the United States-Mexico Joint Declaration last June, the Government of Mexico affirmed its commitment to reducing the number of illegal immigrants who arrive at our southern border. We have also signed agreements with the Governments of El Salvador, Guatemala, and Honduras to enhance our countries' cooperative efforts. These partnerships have helped expand humanitarian protections for asylum seekers, combat transnational criminal organizations, strengthen border security, and reduce human slavery and smuggling.

My Administration also remains committed to implementing trade deals that will bolster the economies of the United States and our allies in the Americas. I am proud to have delivered on my promise to end the outdated and unbalanced North American Free Trade Agreement (NAFTA) by signing the United States-Mexico-Canada Agreement (USMCA) into law, modernizing and rebalancing trade in a manner that supports robust economic growth throughout North America. Additionally, through the América Crece initiative, we are deepening private-sector investment in energy and infrastructure, enhancing economic opportunity and growth across the Americas, and continuing an historic period of cooperation.

We also recognize that citizen-responsive democratic governance, characterized by free and fair elections, is essential to peace and security, and we therefore remain committed to advocating for freedom and democracy for those living under authoritarian regimes in Venezuela, Cuba, and Nicaragua.

As part of the growing global consensus of nearly 60 countries that have recognized the legitimacy of interim President of Venezuela Juan Guaido, we are doing everything we can to support the Venezuelan people, address the humanitarian crisis in Venezuela and the region, peacefully restore democracy, and return Venezuela to its status as a stable and prosperous nation. In February, I was pleased to host interim President Guaido as an honored guest at my State of the Union address. During his visit, I reaffirmed the dedication of the United States to bringing the full range of diplomatic and economic tools to bear on the Maduro regime until its illegitimate rule comes to an end.

The United States also remains committed to helping the people of Cuba and Nicaragua create stable and free countries. Together with our regional partners, we will ensure the realization of the democratic dreams of those oppressed by tyrannical regimes.

We are grateful for the blessings of freedom enjoyed in the United States and in so many other parts of the Western Hemisphere. We also remain steadfast in our determination to secure a freer and more democratic Western Hemisphere for all. On this day and during this week, let us celebrate the liberty we have fostered together with our regional partners and pledge our continuing support for a future where it is enjoyed even more widely throughout our Hemisphere.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 14, 2020, as Pan American Day and April 12 through April 18, 2020, as Pan American Week. I urge the Governors of the 50 States, the Governor of the Commonwealth of Puerto Rico, and the officials of the other areas under the flag of the United States of America to honor these observances with appropriate ceremonies and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of April, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

DONALD J. TRUMP

Two Tweets From US Assistant Secretary Of State Michael Kozak Devoid Of Important Context And Details; He's Done It Before

The Honorable Michael G. Kozak, Acting Assistant Secretary of State for Western Hemisphere Affairs, used Twitter for the following comments:

Michael G. Kozak @WHAAsstSecty
Apr 6
Since 1992, the U.S. has authorized the export of billions of dollars of medicine and medical equipment to #Cuba.

Michael G. Kozak @WHAAsstSecty
Apr 6
These are the facts: The U.S. routinely authorizes the export of humanitarian goods, agricultural products, medicine, and medical equipment to support the Cuban people. In 2019, the U.S. exported millions of dollars of U.S. medical goods to #Cuba.

Michael G. Kozak @WHAAsstSecty
Apr 6
As the world unites in the struggle against #COVID19, some look to divide international efforts through unsourced, unattributed disinformation campaigns. CASTRO’s cronies and ECHO CHAMBER/APOLOGISTS/MOUTHPIECES should know better. #Cuba

Response:

Statements on 6 April 2020 by Assistant Secretary Kozak are misleading; the U.S.-Cuba Trade and Economic Council previously engaged with him in September 2019 when he published statements relating to agricultural commodity and food product exports from the United States to the Republic of Cuba. LINK: https://www.cubatrade.org/blog/2019/9/24/clarification-to-tweet-from-michael-kozak-us-assistant-secretary-of-state-about-us-exports-to-cuba?rq=Michael%20Kozak

Assistant Secretary Kozak’s statement “Since 1992, the U.S. has authorized the export of billions of dollars of medicine and medical equipment to Cuba” should have been afforded due context and his statement “In 2019, the U.S. exported millions of dollars of U.S. medical goods to Cuba” is not accurate because the generally-accepted definition of “exports” is to sell rather than to donate; what was paid and what was donated should have been identified.

The use of the phrase by Assistant Secretary Kozak “to support the Cuban people” is designed to suggest the healthcare products were provided by the United States government- which is not true. The exports are not benevolent gesture by the United States government; they are statutorily authorized.

The export of healthcare products (medical equipment, medical instruments, medical supplies, medicines, pharmaceuticals) are specifically authorized by the Cuban Democracy Act (CDA) of 1992. The export of agricultural commodities and food products are specifically authorized by the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000.

Healthcare product donations in 2019 by the private sector from the United States to the Republic of Cuba were US$2,655,289.00 while private sector exports (meaning that the Republic of Cuba paid for the products) was US$1,096,505.00.

Total reported healthcare product commercial (paid) exports from 2003 through 2020 are US$26,391,326.00.

Through the Clinton Administration, 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. 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 aspirational- based upon discussions with Republic of Cuba-based importers.

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

Exports of healthcare products (medical equipment, medical instruments, medical supplies, medicine, pharmaceuticals) to the Republic of Cuba are subject to provisions of the Cuban Democracy Act (CDA) of 1992, which require end use-verification, but are not subject to cash-in-advance payment requirements. Exports have included: Medicaments (penicillin and insulin); Dentifrices (toothpastes); Laboratory regents; Ultrasonic scanning equipment; Artificial limbs; Medical appliances; Surgical appliances (dental); Opthalmic (eye); Cannulae (tubing) and gelatin capsules.

The primary impediments for United States healthcare product companies exporting to the Republic of Cuba include: 1) The Republic of Cuba’s lack of foreign exchange 2) The Republic of Cuba’s preference to source from companies/countries where there is government/private sector long term credit/financing available 3) the perception by United States companies that the licensing process is complicated and 4) there have been issues where financial institutions are overly cautious relating to any transaction involving the Republic of Cuba.

Healthcare product exports are not subject to cash-in-advance payment terms as required for agricultural commodities and food product exports under provisions of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000.

Cuban Democracy Act

“(c) Exports of medicines and medical supplies. Exports of medicines or medical supplies, instruments, or equipment to Cuba shall not be restricted-- (1) except to the extent such restrictions would be permitted under section 5(m) of the Export Administration Act of 1979 [50 USCS Appx § 2404(m)] or section 203(b)(2) of the International Emergency Economic Powers Act [50 USCS § 1702(b)(2)]; (2) except in a case in which there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other human rights abuses; (3) except in a case in which there is a reasonable likelihood that the item to be exported will be reexported; and (4) except in a case in which the item to be exported could be used in the production of any biotechnological product.”

The end-use verification is within (c) above- 1,2, and 3. Due to the work in the mid-1990’s of the U.S.-Cuba Trade and Economic Council, on behalf of healthcare product member companies, healthcare product companies were permitted to self-verify that exports met the requirements of the CDA.

There has never been an officially reported incident where use of a healthcare product export to the Republic of Cuba under provisions of the CDA have been found by the United States government to be in violation of provisions of the CDA.

HEALTHCARE PRODUCT EXPORTS- Exports of healthcare products (medical equipment, medical instruments, medical supplies, pharmaceuticals) to the Republic of Cuba are subject to provisions of the Cuban Democracy Act (CDA) of 1992, which require end use-verification, but are not subject to cash-in-advance payment requirements. Exports have included: Medicaments (penicillin and insulin); Dentifrices (toothpastes); Laboratory regents; Ultrasonic scanning equipment; Artificial limbs; Medical appliances; Surgical appliances (dental); Opthalmic (eye); Cannulae (tubing) and gelatin capsules.

2003-2020 Healthcare Product Exports Under 1992 CDA
2020 US$418,162.00
2019 US$1,096,505.00
2018 US$3,492,553.00
2017 US$5,663,254.00
2016 US$6,121,425.00
2015 US$5,003,169.00
2014 US$879,267.00
2013 US$2,155,024.00
2012 US$234,718.00
2011 US$103,771.00
2010 US$226,563.00
2009 US$85,408.00
2008 US$320,420.00
2007 US$436,773.00
2006 US$814,866.00
2005 US$404,001.00
2004 US$468,485.00
2003 US$9,416.00
Total US$26,391,326.00

Courts Delay Libertad Act Lawsuits; Plaintiffs Have Issues

Helms-Burton Suit Against Airlines Paused For COVID-19
By Nathan Hale

Law360 (April 6, 2020) -- A Florida federal judge agreed with American Airlines on Monday that the coronavirus outbreak warrants pausing a suit accusing the carrier and Chile's LATAM Airlines of illegally profiting from Cuba's main international airport, rejecting the plaintiff's objections to a stay.

In a two-page order, U.S. District Judge Jose E. Martinez cited the situation caused by the pandemic as his reason for suspending José Ramón López Regueiro’s case, which was one of the first to bring claims under the Helms-Burton Act that a company had unlawfully trafficked in property confiscated by Cuba’s communist government.

Judge Martinez said he was ordering the litigation temporarily closed “[g]iven the inability to proceed with the orderly progress of the case due to the uncertainty regarding the duration of the restrictions and worldwide pandemic, and to conserve the parties’ and judicial resources.”

The judge indicated that he found the rights of the parties would not be prejudiced by this action. He said he will restore the case upon motion by the parties, ordering them to file a status report with the court on May 1 and every month thereafter.

Regueiro filed his suit last May after the Trump administration lifted a suspension of Title III of the 1996 Helms-Burton Act to allow U.S. nationals to sue over property seized by Cuba’s Castro regime.

The Miami man is seeking monetary damages against the two airlines based on his assertion that he is the rightful owner of Havana’s José Martí International Airport, which he said was illegally confiscated from his family by the government in 1959.

The order came down the same day that Regueiro voiced his objections to a motion American filed on Friday requesting a 60-day stay of all proceedings on account of the pandemic and the severe impact it has had on the airline industry.

Regueiro said that he had agreed to discuss a 60-day extension of pretrial and trial deadlines, but he did not think a stay on discovery was appropriate because of American’s failure to comply with his requests predated the pandemic.

“American had the opportunity to and should have done the basic work related to its production obligations months ago, rather than rely on objections that are not well-founded,” Regueiro said. “American should not be allowed to further delay and evade production of discovery due at least four months ago under cover of a crisis that has befallen the country in the last two weeks.”

With a discovery hearing scheduled for Wednesday, after several cancellations, including due to one magistrate judge’s recusal, Regueiro argued that a stay was not the right step.

“Staying defendants’ discovery obligations would only reward their stalling tactics and unreasonably delay the resolution of this matter in contradiction to the instruction of Federal Rule of Civil Procedure 1 that mandates the ‘just, speedy and inexpensive determination of every action,’” he argued.

American invoked the pandemic in its motion, pointing to states of emergency declared at the national level and in Texas and Florida and “stay at home” orders imposed by Dallas and Tarrant counties in Texas and Florida’s Miami-Dade County, where it has significant personnel.

It also cited the financial and logistical challenges facing its business, with nearly one-third of all passenger planes grounded worldwide and its own stock price having fallen as much as 70%.

“American’s strained operations and limited time and resources are now focused on protecting its business, employees, and passengers in these very challenging times,” the company said. “A stay of the instant proceedings will allow American to focus on the safety of the general public and the survival of the airline industry through, and after, the COVID-19 pandemic.”

American Airlines recently pointed to a decision dismissing another Helms-Burton case against Amazon and an importer of Cuban charcoal as evidence that Regueiro’s suit should be tossed as well. Counsel for American Airlines declined to comment. Counsel for Regueiro did not immediately respond to an inquiry late Monday.

Regueiro is represented by Andres Rivero, Jorge A. Mestre, Alan Rolnick and Carlos A. Rodriguez of Rivero Mestre LLP and Manuel Vazquez of Manuel Vazquez PA. American Airlines is represented by Ricardo H. Puente, Christopher R.J. Pace and Karl Remón Thompson of Jones Day. LATAM is represented by Pedro A. Freyre and Naim S. Surgeon of Akerman LLP. The case is Jose Ramon Lopez Regueiro v. American Airlines Inc. et al., case number 1:19-cv-23965, in the U.S. District Court for the Southern District of Florida.

LINK To Response In Opposition To American Airlines Inc.’s Motion To Stay

LINK To Administrative Order Closing Case For Statistical Purposes And Placing Matter In Civil Suspense File

LINK To Defendant American Airlines, Inc.’s Motion To Stay Proceedings (multiple files)

U.S. Ag/Food Exports To Cuba Decrease 45.2% In February 2020; A 44.5% Year-To-Year

ECONOMIC EYE ON CUBA©
April 2020

February 2020 Food/Ag Exports To Cuba Decrease 45.2%- 1
61st In February 2020 Of 212 U.S. Food/Ag Export Markets- 2
Cuba Ranks 59th Of 212 Ag/Food Export Markets- 2
February 2020 Healthcare Product Exports US$189,397.00- 2
February 2020 Humanitarian Donations US$389,429.00- 3
Obama Administration Initiatives Exports Continue To Increase- 3
US$1.5 Million In Tractors Exported To Cuba- 3
U.S. Port Export Data- 16

FEBRUARY 2020 FOOD/AG EXPORTS TO CUBA DECREASE 45.2%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in February 2020 were US$14,809,161.00 compared to US$27,048,523.00 in February 2019 and US$26,122,933.00 in February 2018.

Total 2020 exports to the Republic of Cuba are US$28,230,821.00 compared to same period in 2019 total exports of US$50,933,209.00 representing a decrease of 44.5%.

Thus far for 2020, the Republic of Cuba ranks 59th of 212 agricultural commodity and food product export markets for the United States.

The information on exports from the United States to the Republic of Cuba- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce.

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

LINK To Report

U.S. Department Of State Provides "Democratic Transition Framework for Venezuela" Which Not Specifically Mentioning Cuba, Depends Greatly Upon Cuba

The United States Proposes a Framework for a Peaceful Democratic Transition in Venezuela
31 March 2020

Michael R. Pompeo, Secretary of State

On March 31, the United States proposed a pathway to resolving Venezuela’s crisis by means of a peaceful, democratic transition. This framework calls for the establishment of broadly acceptable transitional government to administer free and fair presidential elections and a pathway to lifting Venezuela-related U.S. sanctions. It builds on the proposals put forward by the interim Government of Venezuela headed by Juan Guaido.

U.S. and international pressure are important parts of the strategy. Our sanctions will remain in effect, and increase, until the Maduro regime accepts a genuine political transition.

The United States has long been committed to finding a solution to the man-made crisis in Venezuela. The urgency for this has become all the more serious in light of the Maduro regime’s failure to adequately prepare for and address the global COVID-19 pandemic. This framework demonstrates our commitment to helping Venezuela fully recover and ensures that the voice of the Venezuelan people is respected and included. We call on all Venezuelans, whether military or civilian, young or old, of all ideological tendencies and party affiliations, to consider this framework carefully and seriously.

We believe this framework protects the interests and equities of all Venezuelan people who desperately seek a resolution to their dire political, economic, and humanitarian crisis, and who know Venezuelans can have something better. This framework can provide a path that ends the suffering and opens the path to a brighter future for Venezuela.

Democratic Transition Framework for Venezuela
Fact Sheet

Office of the Spokesperson
United States Department of State
March 31, 2020

1. Full return of all members of the National Assembly (AN); Supreme Court (TSJ) lifts order of contempt and restores all powers to the AN, including immunities for deputies; National Constituent Assembly (ANC) is dissolved. The U.S. lifts sanctions imposed on ANC members due to their membership in the ANC.

2. All political prisoners are released immediately.

3. All foreign security forces depart immediately unless authorized by 3/4 vote of the AN.

4. AN elects new National Electoral Council (CNE) and TSJ members who are acceptable to all parties or coalitions of parties representing 25% or more of AN membership. (This would give both the PSUV and the multi-party Guaidó coalition a veto over personnel for any of these posts.) Upon the selection of a new CNE and TSJ, the U.S. lifts sanctions imposed on former CNE and TSJ members due to their membership in those bodies.

5. AN approves “Council of State” Law, which creates a Council of State that becomes the executive branch. Each party or coalition of parties with 25% or more of AN membership selects two members of the Council of State, one of whom must be a state governor. The four members of the Council of State then select a fifth member, to be Secretary General, and who serves as Interim President until the elections and is not permitted to be a candidate for president in the elections. Council members may not be members of the AN or TSJ. Decisions of the Council of State will be reached by majority vote. One member of the National Armed Forces of Venezuela (FANB) will serve as Military Adviser to the Council of State.

6. All of the powers assigned to the President by the Constitution will be vested exclusively in the Council of State. The U.S. and the EU will lift sanctions on those who claimed Presidential authorities which were imposed due to their holding their previous positions once the Council of State is functioning and those individuals renounce any further claims to hold executive positions and acknowledge the Council of State as the exclusive executive power.

7. Once the Council of State is established and foreign security forces have departed (unless approved by 3/4 vote at the AN), U.S. sanctions on the Government of Venezuela, PDVSA, and the oil sector are suspended.

8. Council of State appoints new cabinet. The U.S. lifts sanctions on former cabinet members due to their holding their previous positions. The U.S. also lifts sanctions on members of the FANB that are based on their position in the institution.

9. The international community provides humanitarian, electoral, governance, development, security, and economic support, with special initial focus on medical care system, water and electricity supply. Existing social welfare programs, now to be supplemented with international support, must become equally accessible to all Venezuelan citizens. Negotiations begin with World Bank, IMF, and Inter-American Development Bank for major programs of support.

10. A Truth and Reconciliation Commission is established with the task of investigating serious acts of violence that occurred since 1999, and reports to the nation on the responsibilities of perpetrators and the rehabilitation of victims and their families. The Commission has five members, who are selected by the Secretary General of the United Nations with the consent of the Council of State. The AN adopts amnesty law consistent with Venezuela’s international obligations, covering politically motivated crimes since 1999 except for crimes against humanity. Argentina, Canada, Colombia, Chile, Paraguay, and Peru withdraw support for the International Criminal Court referral.

11. The Council of State sets a date for simultaneous Presidential and AN elections in 6-12 months. Any Venezuelan citizen eligible in accordance with the 1999 Constitution can compete in the election.

12. Presidential and AN elections are held. With a consensus of international observers that elections were free and fair, remaining U.S. sanctions are lifted.

13. Bi-partisan commission within the AN is developed to create long term solutions to rehabilitating the economy and refinancing the debt.

Guarantees

1. The military high command (Defense Minister, Vice Defense Minister, CEOFANB Commander, and Service Chiefs) remains in place for the duration of the transitional government.

2. State or local authorities remain in place for the duration of the transitional period.

Expedia's Response To Plaintiffs Using Libertad Act In Lawsuit: No Jurisdiction, No Standing, No Ownership

From The Defendants: 

“First, the Expedia Entities are not subject to personal jurisdiction in Florida. The only allegations in the operative complaint related to the Expedia Entities’ purported contacts with Florida are conclusory. Indeed, the only factual allegations that even attempt to connect the Expedia Entities to Florida are that (1) reservations at the Resorts are offered to Florida residents—like all other U.S. residents—through online booking providers like Expedia Group and (2) the Expedia Entities solicit and accept reservations from Florida residents—like all other U.S. residents. Those allegations cannot establish personal jurisdiction. Plaintiffs have therefore failed to meet their burden to plead a prima facie case for personal jurisdiction, and this case should be dismissed under Rule 12(b)(2). 

Second, even if the Expedia Entities were subject to personal jurisdiction in Florida, this Court lacks subject matter jurisdiction over this case because Plaintiffs lack standing to sue under Article III of the Constitution. Plaintiffs lack constitutional standing because they fail to clearly allege facts showing that they have suffered an injury-in-fact, much less one that is causally connected to the Expedia Entities’ offering reservations at the Resorts. As a result, this case must be dismissed under Rule 12(b)(1). 

Third, even absent these twin jurisdictional defects, Plaintiffs’ complaint should be dismissed under Rule 12(b)(6) because it fails to state a claim upon which relief can be granted. Plaintiffs’ complaint fails in the same two independent respects as the complaint in Gonzalez v. Amazon.com, Inc., No. 1:19-cv-23988-RNS, 2020 WL 1169125 (S.D. Fla. Mar. 11, 2020): Plaintiffs have not sufficiently alleged that they own an actionable ownership interest in the Properties, or that the Expedia Entities knowingly and intentionally engaged in activity related to confiscated property when they offered reservations at the Resorts, see id. at *2. But that is not all. Plaintiffs’ claims are also barred by two of the Act’s definitional exemptions: the lawful-travel clause in the Act’s definition of traffics, and the residential-use provision in the Act’s definition of property.” 

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. TRIVAGO GMBH, A GERMAN LIMITED LIABILITY COMPANY, BOOKING.COM 8.V., A DUTCH LIMITED LIABILITY COMPANY, GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22619; Southern Florida District] 

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Scott Douglass & McConnico (defendant)
Akerman (defendant)

LINK To: Defendants Expedia, Inc., Hotels.Com L.P., Hotels.Com Gp, Llc, And Orbitz, Llc’s Motion To Dismiss For Lack Of Personal Jurisdiction, Lack Of Subject Matter Jurisdiction, And Failure To State A Claim, And Incorporated Memorandum Of Law 

LINK To: Libertad Act Lawsuit Statistics

New Filings In American Airlines Libertad Act Lawsuit- Case Dismissal Request, Judge Recusal Request, Discovery Arguments

"Defendant American Airlines, Inc. (“American”), respectfully files this Notice of Supplemental Authority in support of its Motion to Dismiss, Dkt. 28. On March 11, Judge Robert Scola entered an Order dismissing a claim under the Helms-Burton Act. Gonzalez v. Amazon.com, Inc., No. 19-23988-Civ-Scola, 2020 WL 1169125 (S.D. Fla. Mar. 11, 2020). The Order resolves certain issues that are identical to those presented in American’s Motion to Dismiss. The Order is attached as Exhibit A."

JOSE RAMON LOPEZ REGUEIRO V. AMERICAN AIRLINES INC. AND LATAM AIRLINES GROUP, S.A. [1:19-cv-23965; Southern Florida District]

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Jones Day (defendant)
Akerman (defendant)

LINKS:

Defendant American Airlines Inc.’s Notice Of Supplemental Authority (16 March 2020)

Lopez Regueiro’s Motion To Compel American Airlines Inc.’s Responses To Discovery Requests (13 March 2020)

Motion For Leave To Amend Complaint (13 March 2020)

Defendant’s Unopposed Motion For Disqualification Of Magistrate Judge Under 28 U.S.C. § 455(b) (4 March 2020)

With New USAID Acting Director, 3 Men Of Cuban Descent Will Implement Their Visions Of US Policies For Cuba, Venezuela; A Furthering Ideological Concentration

With New USAID Acting Director, Three Male Officials Of Cuban Descent Will Implement Their Visions Of US Policies For Cuba, Venezuela; A Furthering Generational Change & Ideological Concentration 

The Trump Administration leadership change at the United States Agency for International Development (USAID) which has a 2019/2020 budget of US$39.3 billion will result in more robust advocacy for further expansion of constrictive policies towards the Republic of Cuba, Venezuela and Nicaragua among other countries- as the new Acting Administrator of USAID will create a USAID-NSC-State Department triangular power structure of three middle-aged white males of Cuban descent.   

This absence of diversity may result in decisions lacking complete perspective.  The concentration of commonality may result in decisions absent of fulsome debate. 

Expect an increasingly strident, antagonistic, zero-sum, and masculine theme particularly nearer to the 3 November 2020 presidential election in the United States- if the Maduro Administration in Venezuela remains in office. 

The three officials are expected to track closely with the objectives of a fourth individual of Cuban descent, The Honorable Marco Rubio (48 years old), a member of the United States Senate from Florida.  Senator Rubio is Chairman of the Committee on Foreign Relations Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women’s Issues.   

The Honorable John Barsa (52 years old), to be appointed Acting Administrator of USAID.  The legislative calendar for the United States Senate during the remaining days of 2020 is presumably a primary reason Mr. John Barsa was not nominated to be Administrator, although the Trump Administration has shown an affinity for installing acting personnel rather than submitting nominations for consideration by the United States Senate. 

The Honorable Carlos Trujillo (37 years old), nominated on 17 March 2020 to be Assistant Secretary of State, Bureau of Western Hemisphere Affairs (WHA).  Ambassador Trujillo is replacing The Honorable Michael Kozak (74 years old), since 2019 the Acting Assistant Secretary of State, Bureau of Western Hemisphere Affairs. 

The Honorable Mauricio Claver-Carone (45 years old), Senior Director- Western Hemisphere Affairs at the National Security Council (NSC) in The White House. 

The White House
Washington DC
17 March 2020

“President Donald J. Trump Announces Intent to Designate Individual to a Key Administration Post

Today, President Donald J. Trump announced his intent to designate the following individual to a key position in his Administration:

John Barsa, of Florida, to be the Acting Administrator of the United States Agency for International Development.  Mr. Barsa currently serves as the Assistant Administrator for the United States Agency for International Development’s Bureau for Latin America and the Caribbean, working to support democracy related programs in Venezuela, Nicaragua, and Cuba. 

Mr. Barsa previously served in the Department of Homeland Security in a variety of leadership roles and in the United States Army Reserves for nearly a decade, serving as a member of the 11th Special Forces Group and the 450th Civil Affairs Battalion.  Mr. Barsa also worked for United States Representative Lincoln Diaz-Balart of Florida and also served in external engagement roles within the National Aeronautics and Space Administration and the Department of Homeland Security.  He is a graduate of Florida International University.” 

Mr. Barsa’s biography from USAID: 

“John Barsa was sworn in on June 10, 2019, as the Assistant Administrator for USAID’s Bureau for Latin America and the Caribbean.  To this role, Barsa brings considerable experience from decades of service in the public and private sectors. 

Mr. Barsa comes to USAID from the Department of Homeland Security (DHS), where he led the DHS Office of Partnership and Engagement (OPE) as the Acting Assistant Secretary and later as the Principal Deputy Assistant Secretary.  In these roles he oversaw DHS’s coordination and collaboration with governors, mayors and other intergovernmental partners, the private sector, the law enforcement community, and other key stakeholders. His leadership was also critical in the successful efforts by OPE’s Blue Campaign in combatting the scourge of human trafficking.   

Mr. Barsa began his career at DHS in the Trump Administration as Special Assistant to Secretary John Kelly, a position he took after serving on President Trump’s DHS landing team during the Administration’s transition. During the historic 2017 hurricane season, he deployed to South Florida to assist with Hurricane Irma preparation and response.  Later, in the immediate aftermath of Hurricane Maria, he deployed to Puerto Rico where he designed and led one of the most complex and challenging intergovernmental affairs efforts in FEMA history. 

John Barsa’s civilian experience in the Executive Branch extends back to the Administration of President George W. Bush, when he was appointed to lead senior level coordination with the private sector and support legislative affairs efforts for the National Aeronautics and Space Administration (NASA).   Soon after the creation of the Department of Homeland Security, he was asked to create and lead the DHS Office of Public Liaison. In this role, he successfully coordinated all DHS outreach to key critical stakeholders under the leadership of Secretaries Tom Ridge and Michael Chertoff. 

Barsa first entered public service as a member of the U.S. Army Reserves, initially with the 11th Special Forces Group and later with the 450th Civil Affairs Battalion.  While still in the Reserves, he started working in the U.S. House of Representatives for Congressman Lincoln Diaz-Balart (R-FL).  In this capacity, much of his work focused on defense and other issues related to national security. Part of his portfolio included support for democracy and human rights in Cuba, Nicaragua, and throughout the Western Hemisphere.  He also played an active role in the passage of the Nicaraguan Adjustment Central American Relief Act (NACARA), which modified U.S. immigration laws. 

In the private sector, he has held key positions with a premier defense trade association, small businesses and large businesses including a leading Fortune 100 company. 

The son of a Cuban refugee, Mr. Barsa grew up in a fully bi-lingual and bi-cultural family in Miami, Florida.  He has a bachelors degree in International Affairs from Florida International University and is a graduate of Syracuse University’s National Security Management Fellows Program.” 

Mr. Barsa’s biography from The Republican National Hispanic Assembly Of Virginia: 

John Barsa is the founder and principal of Barsa Strategies, a firm providing a full spectrum of consulting and lobbying services within the homeland and national security environments.  Mr. Barsa has extensive political and legislative experience spanning the past fifteen years where he both served in, and worked along with, the U.S. Congress and Executive Branch on national and homeland security issues. 

Mr. Barsa served within the U.S. Department of Homeland Security (DHS) as its original Director of the Office of Public Liaison, managing DHS interaction with the public as well as private and public organizations.  As Director, Mr. Barsa worked with both Secretaries Tom Ridge and Michael Chertoff as DHS developed and grew during its formative years.  He was a senior-level participant in several national exercises such as Top Off and Pinnacle and he led a team in JFO New Orleans in the immediate aftermath of hurricane Katrina.  Mr. Barsa created the DHS Speakers Bureau, which matches senior DHS officials with strategic conferences and meetings, in order to promote the Department’s overall goals.  He has a national array of contacts in the homeland security environment and an intimate knowledge of the current DHS decision-making processes and organization.  Further, Mr. Barsa is sought by current and former government officials for his advice on the complex interactions between the public/private sector, state and local governments, the U.S. Congress and the Executive branch.  He is proud to serve as a Senior Fellow at the George Washington University Homeland Security Policy Institute. 

Prior to working at DHS, Mr. Barsa served at the National Aeronautics and Space Administration (NASA) for Administrator Sean O’Keefe, re-establishing a permanent, formal industry-liaison function.  When Mr. Barsa was recruited to NASA’s Legislative Affairs team, he was able to leverage his strong bi-partisan relationships in both the U.S. House of Representatives and Senate not only to help ensure the passage of crucial appropriations and authorizing legislation, but also to improve Congressional communications and institutional relationships in general.  

Mr. Barsa arrived at NASA from the Aerospace Industries Association (AIA) where he served as a senior lobbyist and Manager for International Relations.  AIA represents the nation's leading manufacturers and suppliers of civil, military, and business aerospace products.  As a lobbyist for AIA, Mr. Barsa’s skill in working with various member-companies to coordinate coherent and unified legislative strategies was crucial to AIA’s many successes within the U.S. Congress. 

In the U.S. House of Representatives, Mr. Barsa worked for an influential Member of Congress who served as Assistant Majority Whip, as well as on the powerful House Rules Committee and Homeland Security Committee.  Mr. Barsa’s strength in coalition-building and coordinating both legislative and political strategies were integral to many of the Congressman’s international and national security-related victories, including the successful campaign to re-locate the U.S. Southern Command to Miami, Florida.  Mr. Barsa’s ability to work across the aisle has earned him the respect and long-lasting friendship of many Congressional Republicans and Democrats alike. 

Mr. Barsa served his country for a decade as a Member of the U.S. Army Reserves.  He spent seven of those years with the 11th Special Forces Group where he was a communications specialist.  After his time with the Special Forces, Mr. Barsa served as a member of the 450th Civil Affairs Battalion, a Special Forces unit attached to the 82nd Airborne Division.  The ability to develop and execute successful relationship-building strategies has led to his achievements both within these elite units as well as the civilian world. 

 A native of Miami, Florida, Mr. Barsa received his B.A. in International Relations from Florida International University.  He is a native Spanish-speaker and a former Chairman of the Republican National Hispanic Assembly of Virginia.  In addition, Mr. Barsa is an active participant in numerous other political and social organizations within his adopted state of Virginia.  He resides in Alexandria with his wife and two young daughters.

US Department Of State Replacing A 74 Year-Old With A 37 Year-Old Which Will Benefit A 45 Year-Old At The National Security Council

A Baby Boomer Replaced With A Generation Y Which Will Be Of Value To A Generation X

The Trump Administration is making a change at the United States department of State that will result in a more robust advocacy for further expansion of constrictive policies towards the Republic of Cuba, Venezuela and Nicaragua among other countries- with policy managed by two politically-tuned and media-savvy men. 

The change not only represents a substantive change in level of experience, but a generational change which will benefit the advocacy of The Honorable Mauricio Claver-Carone (45 years old), Senior Director- Western Hemisphere Affairs at the National Security Council (NSC) in The White House, who will now have a colleague in Foggy Bottom who is nearer in age than The Honorable Michael G. Kozak (74 years old), Acting Assistant Secretary, Bureau of Western Hemisphere Affairs, United States Department of State.

Likely given the legislative calendar for the United States Senate for the remaining days of 2020, Ambassador Carlos Trujillo will be a recess appointment or serve in an acting capacity through the 3 November 2020 election.

The White House
Washington DC
17 March 2020

“President Donald J. Trump Announces Intent to Nominate and Appoint the Following Individuals to Key Administration Posts

Carlos Trujillo [37 years old], of Florida, to be an Assistant Secretary of State (Western Hemisphere Affairs) as well as a Member of the Board of Directors of the Inter-American Foundation.

Mr. Trujillo currently serves as the Permanent Representative of the United States of America to the Organization of American States, with the rank of Ambassador.  He was a Special Advisor to the United States Mission to the United Nations during the United Nations General Assembly in 2017.

Mr. Trujillo also served in the Florida House of Representatives as the Representative for the 105th District.  He is a founding partner of Trujillo, Vargas, Gonzalez & Hevia, LLP of Coral Gables, Florida, and a former Assistant State Attorney at the Miami Dade County State Attorney’s office in Miami.

Mr. Trujillo earned a B.S. degree from Spring Hill College in Mobile, Alabama, and a J.D. from Florida State College of Law in Tallahassee.”  

Ambassador Trujillo Is Replacing The Honorable Michael G. Kozak, Acting Assistant Secretary, Bureau of Western Hemisphere Affairs, United States Department of State 

From United States Department of State: “Ambassador Michael Kozak is a charter member of the career Senior Executive Service of the United States Government. As such, he has served in a number of senior positions in the U.S. Executive Branch: 

Acting Assistant Secretary for Western Hemisphere Affairs (13 September 2019-Present). Senior Bureau Official for Democracy, Human Rights and Labor (2017-2019).

Senior Adviser to the Assistant Secretary for Democracy, Human Rights and Labor (2009-2017). Negotiated a UN resolution to replace “Defamation of Religions” that respected freedom of expression. Served as Acting Special Envoy for Monitoring and Combatting Anti-Semitism. 

Senior Director on the National Security Council staff (2005-2009) with responsibility for Democracy, Human Rights, International Organizations, Migration and Detainee issues. In this capacity, he chaired interagency policy coordinating committees and proposed and coordinated the implementation of events for the President of the United States. He conceived and implemented a system for achieving interagency agreement on democracy promotion strategies and prioritizing resource allocation to implement them. He authored the first National Security Presidential Directive on Democracy and Human Rights since the Carter administration. 

Principal Deputy Assistant Secretary of State level positions in three bureaus of the Department of State. (Democracy, Human Rights and Labor 2003-2005; Inter-American Affairs 1988-1991; Legal Adviser 1982-88). 

Acting Assistant Secretary of State for extended periods. (Democracy, Human Rights and Labor 2004-5; Inter-American Affairs January 1989-July 1989.) As Acting Assistant Secretary for Democracy, Human Rights and Labor, he organized passage of a resolution on human rights in Cuba in the UN Commission on Human Rights by the largest margin in over a decade. As Acting Assistant Secretary for Inter-American Affairs, he assisted Secretary Baker in negotiating and implementing the Bipartisan Accord on Central America which was decisive in bringing a democratic end to the conflict in Nicaragua. 

Ambassador in Minsk, Belarus (2000-2003), and Chief of Mission in Havana, Cuba (1996-1999).

Awards: State Department Superior Honor Award, Younger Federal Lawyer Award, Presidential Ranks of Distinguished and Meritorious Executive, Order of Balboa (presented by the president of Panama). 

Education: Juris Doctor, University of California at Berkeley, 1971 (Assistant Managing Editor, Law Review), A.B., Political Science, University of California at Berkeley, 1968.”

Judge Dismisses, But Provides Plaintiff An Option In Libertad Act Lawsuit Against Amazon/Fogo Charcoal

DANIEL A. GONZALEZ VS. AMAZON.COM, INC., AND SUSSHI INTERNATIONAL, INC., D/B/A/ FOGO CHARCOAL [1:19-cv-23988; Southern Florida District]

Cueto Law Group, P.L. (plaintiff)
Wicker Smith O’Hara McCoy & Ford (defendant- Susshi International)
Morgan, Lewis & Bockius (defendant- Amazon)

Excerpts From The Judge:

“First, the Court agrees that Gonzalez did not sufficiently allege that he had an actionable ownership interest because he did not allege that a United States citizen owned the claim on March 12, 1996.” 

“Second, the Court agrees that Gonzalez did not sufficiently allege that the Defendants knowingly and intentionally trafficked in the property.” 

“Third, the Court does not agree that Susshi’s general license to sell charcoal requires the Court to dismiss the Complaint…. In his Complaint, Gonzalez need not refute every basis on which the Court could ultimately decide that the Defendants’ conduct was lawful. Instead, Susshi must establish that its conduct constituted lawful licensed activity and is thus exempt from liability under the Helms-Burton Act. Dismissal of the suit due to Susshi’s general license is inappropriate at this time.” 

“In sum, the Court grants the Defendants’ motions to dismiss (ECF Nos. 13, 14) without prejudice and with leave to amend. The Plaintiff may file an amended complaint by March 24, 2020, provided he complies with this order, Federal Rule of Civil Procedure 8(a), and the Iqbal/Twombly standard.” 

LINK To Order On Motions To Dismiss

LINK To Defendant Fogo's Reply To The Motion To Dismiss With Prejudice (10 January 2020)

LINK To Defendant Amazon.com, Inc.'s Reply In Support Of Motion To Dismiss Plaintiff's Complaint (10 January 2020)

Havana Docks Corporation Refutes Judge's Decision To Dismiss Lawsuit Against Norwegian Cruise Lines Holdings

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

LINK: (6 March 2020) Plaintiff’s Reply In Support Of Motion For Reconsideration And Leave To Amend, And Request For Hearing

More Delays In Exxon Mobil Corporation Lawsuit Against Cuba's Cimex And Cupet

EXXON MOBIL CORPORATION V. CORPORACION CIMEX, S.A., AND UNION CUBA-PETROLEO [1:19-cv-01277; Washington DC]

Steptoe & Johnson (plaintiff)
Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C. (defendant)

Links To New Filings:

Filing Foreign Claims Settlement Commission (6 March 2020)
Second Amended Complaint (6 March 2020)
Summons In A Civil Action (9 March 2020)
Order (6 March 2020)
Plaintiff’s Consent Motion For Leave To Amend Complaint And For An Extension Of Time (6 March 2020)

January 2020 Ag/Food Exports To Cuba Decrease 43.8% Year-To-Year

ECONOMIC EYE ON CUBA©
March 2020

January 2020 Food/Ag Exports To Cuba Decrease 43.8%- 1
58th In January 2020 Of 207 U.S. Food/Ag Export Markets- 2
January 2020 Healthcare Product Exports US$228,765.00- 2
January 2020 Humanitarian Donations US$128,586.00- 3
Obama Administration Initiatives Exports Continue To Increase- 3
U.S. Port Export Data- 16

JANUARY 2020 FOOD/AG EXPORTS TO CUBA DECREASE 43.8%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in January 2020 were US$13,421,660.00 compared to US$23,884,686.00 in January 2019 and US$18,680,345.00 in January 2018.    

The data is for exports from the United States to the Republic of Cuba- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce.

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

TSREEA exports from the United States to the Republic of Cuba since December 2001 (first shipments) are: US$6,146,294,356.00.

LINK To Report

Plaintiff Dismisses Libertad Act New York Lawsuit Case Against Spain's NH Hotel Group

On 26 February 2020, the day the response of the plaintiff was due to the defendant’s Motion to Dismiss, they invoked their right to voluntarily dismiss their lawsuit using the Title III provision of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”) in United States District Court Southern District of New York, against New York, New York-based NH Hotels USA, Inc., and Madrid, Spain-based NH Hotel Group (2019 revenues approximately US$1.9 billion).

NH Hotel Group is 94.13% owned by Bangkok, Thailand-based Minor International Public Company Limited (2018 revenues approximately US$2 billion).  LINK: https://www.minor.com/en 

NH Hotel Group manages through subsidiaries two properties in the Republic of Cuba: 220-room NH Capri La Habana and 31-room NH Collection Victoria La Habana and one property in the United States: 288-room NH Collection New York Madison Avenue.  In 2017, the United States Department of State reported that two rooms located on the 15th floor and 17th floor of the Capri Hotel were locations within which employees of the United States government reported as yet unidentified and unresolved health-related issues. 

“Plaintiff, JOHN S. SHEPARD FAMILY TRUST, through John S. Shepard and Lawrence Jaffe, as Co-Trustees, by and through undersigned counsel, hereby gives notice of the voluntary dismissal of this action without prejudice pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P.”

LINK To Notice Of Voluntary Dismissal Without Prejudice

JOHN S. SHEPARD FAMILY TRUST, THROUGH JOHN S. SHEPARD AND LAWRENCE JAFFE, AS CO-TRUSTEES, V. NH HOTELS USA, INC., NH HOTEL GROUP, S.A., AND JOLLY HOTELS U.S.A., INC. [1-19-cv-09026; Southern District New York].  Case dismissed by plaintiff without prejudice on 26 February 2020.

Aronovitz Law (plaintiff)
Kantrowitz, Goldhamer, & Graifman (plaintiff)
Bird & Bird (defendant)
Bracewell (defendant)

LINK To Libertad Act Lawsuit Filing Statistics 

Previous Posts: 

NH Hotels Of Spain Files Motion To Dismiss In Capri Hotel Libertad Act Lawsuit 

https://www.cubatrade.org/blog/2020/2/1/xhvdg9ihwnv9chly7841b40moauog9?rq=NH%20Hotels 

If NH Hotel Group Of Spain Is Sued Using Libertad Act, One Defendant Would Be Former U.S. Citizen Who Now Controls Company 

https://www.cubatrade.org/blog/2019/10/3/if-nh-hotel-group-is-sued-using-libertad-act-one-defendant-would-be-former-us-citizen-who-now-controls-company?rq=NH%20Hotels