OFAC Fines New York-Based GGA US$5,864,860.00 For 2010-2015 Canada & Cuba-Related Transactions

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced a settlement with Generali Global Assistance, Inc. (GGA), a New York-incorporated travel assistance services company.  GGA agreed to remit $5,864,860 to settle its potential civil liability for 2,593 apparent violations of the Cuban Assets Control Regulations.  GGA intentionally referred the Cuba-related payments to its Canadian affiliate, thereby avoiding processing reimbursement payments directly to Cuban parties and to travelers while they were located in Cuba.  GGA then subsequently reimbursed its Canadian affiliate for those payments.  GGA formally codified this indirect payment process in its procedures manual.  OFAC determined that the case was voluntarily self-disclosed to OFAC and that the apparent violations constitute an egregious case.

LINK TO OFAC Settlement Document

About Generali Global Assistance- "Travel insurance plans are administered by Customized Services Administrators, Inc., CA Lic. No. 821931, located in San Diego, CA and doing business as Generali Global Assistance & Insurance Services. Plans are available to residents of the U.S. but may not be available in all jurisdictions. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance, in all states, and are not authorized to answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. If you have any questions about your current coverage, call your insurer, insurance agent or broker. This notice provides general information on Generali’s products and services only. The information contained herein is not part of an insurance policy and may not be used to modify any insurance policy that might be issued. In the event the actual policy forms are inconsistent with any information provided herein, the language of the policy forms shall govern."

About Generali Global Assistance- "Travel insurance plans are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231. Generali US Branch operates under the following names: Generali Assicurazioni Generali S.P.A. (U.S. Branch) in California, Assicurazioni Generali – U.S. Branch in Colorado, Generali U.S. Branch DBA The General Insurance Company of Trieste & Venice in Oregon, and The General Insurance Company of Trieste and Venice – U.S. Branch in Virginia. Generali US Branch is admitted or licensed to do business in all states and the District of Columbia."

Exxon Mobil Responds With 1,452 Pages To Cuba In Libertad Act Lawsuit: FSIA Jurisdiction Is Key

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

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

29 September 2020 Filing Links

Plaintiff’s Memorandum Of Law In Opposition To Motion To Dismiss The Action And For A Partial Stay (78 pages)
Declaration of Dr. Joan Martinez Evora (196 pages)
Declaration of Jared R. Butcher (43 pages)
Declaration of Jared R. Butcher (Exhibits 1-41) (272 pages)
Declaration of Jared R. Butcher (Exhibits 42-150) (358 pages)
Declaration of Jared R. Butcher (Exhibits 151-210) (381 pages)
Declaration of Jared R. Butcher (Exhibits 211-224) (124 pages)

Excerpts From Filing:

Congress did not intend Plaintiff’s claims to be barred by the FSIA. Section 302(c) of Title III states, “[e]xcept as provided in this chapter, provisions of Title 28 [which includes the FSIA] and the rules of the courts of the United States apply to actions under this section to the same extent as such provisions and rules apply to any other action brought under Section 1331 of title 28.” 22 U.S.C. § 6082(c)(1) (emphasis added).11 Thus, the FSIA applies only so long as it does not conflict with Title III, in which case Title III must control as Congress directed.12 Janko v. Gates, 741 F.3d 136, 139-40 (D.C. Cir. 2014). This conclusion accords with Congress’s finding that trafficking has direct effects in the U.S., 22 U.S.C. §§ 6081(2), (6), which satisfies the requirements for subject matter jurisdiction under the FSIA and the personal jurisdiction requirements of this Court. 28 U.S.C. §§ 1330(b), 1605(a)(2).

Defendants admit they are trafficking in the Confiscated Property. They admit that they use and benefit from the Confiscated Property through various commercial activities that supply Cuba’s domestic market for energy and petroleum products and that procure U.S. dollars and acquire U.S. products to sustain the Cuban economy. Measured in dollars, these commercial activities amount to billions in transactions annually. It is clear just from this introductory summary that Plaintiff has standing to bring these claims.

Defendants’ attempts to avoid liability fall flat. Their premise is that, notwithstanding sixty years of communist tyranny, Cuban entities operate independently; this is preposterous. Facing clear liability, Defendants argue sovereign immunity. But it is unavailable here for three reasons.

First, Title III expressly authorizes private civil suits in federal courts against “any person” including “any agency or instrumentality of a foreign state.” See 22 U.S.C. §§ 6023(1), (11). Title III’s exception to sovereign immunity for trafficking by state-owned entities is well founded in Congress’s findings that trafficking has direct effects on U.S. nationals in the U.S. See id. § 6081. Moreover, Congress mandated that Title III must be given priority over any potentially conflicting provisions, including the Foreign Sovereign Immunities Act (“FSIA”). See id. § 6082(c)(1).

Second, even if Title III did not include an express exception to immunity (which it does), the direct effects of trafficking would satisfy the commercial activity exception under the FSIA for activities that “cause[] a direct effect in the United States.” 28 U.S.C. § 1605(a)(2). It is undisputed that the confiscated refinery and processing facilities are used for oil exploration and production of refined products that are then sold via a network of service stations in Cuba, which includes confiscated service stations operated by CIMEX and CUPET. Additionally, CUPET uses the Confiscated Property in oil exploration joint ventures with energy companies that compete directly with Plaintiff and other U.S. companies, and CUPET admits it has travelled to the U.S. to engage in lobbying and other activities to promote and facilitate its oil exploration work.

Third, because some of Defendants’ commercial activities are conducted in the U.S., the FSIA’s expropriation exception is also satisfied. See id. § 1605(a)(3). The first requirement—that Plaintiff’s claim relates to “rights in property taken in violation of international law”—is met because Plaintiff’s claim is based on Defendants’ trafficking in property that was unlawfully expropriated. The second requirement is satisfied because that property “is owned or operated by an agency or instrumentality”—here the Defendants. And the third requirement is also satisfied because “that agency or instrumentality [the Defendants] is engaged in a commercial activity in the United States” as explained in detail below. Accordingly, Defendants’ motion to dismiss should be denied, or if necessary, jurisdictional discovery should be conducted.1

Plaintiff Exxon Mobil Corporation’s action fits squarely within the Cuban Liberty and Democratic Solidarity Act (“LIBERTAD”)—also known as the Helms Burton Act. LIBERTAD was essentially designed to remedy the wrongs set forth in Plaintiff’s complaint. Defendants’ efforts to deny liability are nothing more than lawyerly ploys to avoid the obvious—Defendants continue to use and enjoy Plaintiff’s confiscated property without any compensation to (or authorization from) Plaintiff for over half a century.

Page 58- Any Juridical Separateness Should Be Disregarded to Prevent Injustice
“[T]he doctrine of corporate entity, recognized generally and for most purposes, will not be regarded when to do so would work fraud or injustice.” Bancec, 462 U.S. at 629. The exception applies in cases “where a foreign sovereign intentionally seeks to gain a benefit while using the legally separate status of its instrumentality as a shield to guard against concomitant costs or risks . . . where a sovereign otherwise unjustly enriches itself through the instrumentality . . . or where a sovereign uses its instrumentality to defeat a statutory policy.” DRC, Inc., 71 F. Supp. 3d at 218.

It is undisputed that Cuba profits from the commercial activities of CUPET and CIMEX and that some of those activities involve use of Plaintiff’s Confiscated Property, which violates Title III and the policy of “deny[ing] traffickers any profits from” economic exploitation of the Confiscated Property. See 22 U.S.C. § 6081(11). Defendants are tools of the Cuban State (Evora Decl. ¶¶ 24-25), and it would be unjust to allow Cuba to benefit from the ongoing violation of U.S. laws by Defendants, while hiding behind a façade of juridical separateness.

Page 59- Regardless, Defendants Have Minimum Contacts with the United States
As discussed, Defendants have minimum contacts by virtue of their commercial activities involving the U.S. and U.S. entities. Supra Section III(B)(2)(b). Personal jurisdiction is conferred on this Court so long as it “is consistent with the United States Constitution and laws.” Fed R. Civ. P. 4(k)(2)(B). In this Circuit, personal jurisdiction “turns on whether a defendant has sufficient contacts with the nation as a whole to satisfy due process,” which is the case when a defendant “purposefully directed” its activities at residents of the U.S., even if there is no physical conduct in the U.S.

Page 60- Defendants’ Motion for a More Definite Statement Should Be Denied
Defendants’ one-sentence “motion” (Mot. at 60) is insufficient to support a motion. Regardless, it is unnecessary since Defendants know what property was confiscated and how it is used. See Feldman v. C.I.A., 797 F. Supp. 2d 29, 42 (D.D.C. 2011).

Might Richard Grenell Be Secretary Of State In 2nd Trump Term? Cuba & Venezuela Likely Subject To "Diplomatic Militancy"

He is a highly visible antagonist of H.E. Dr. Angela Merkel, Chancellor of the Federal Republic of Germany, who will be retiring in 2021. That by itself could be the reason for his appointment.

He does not have the ethical issues that surround The Honorable Michael Pompeo, the current United States Secretary of State. As does Secretary Pompeo, he would not ascribe to the traditional absence of the Secretary of State from involvement in United States elections. He is believed to be the first openly gay member of a cabinet. He would be the first openly gay United States Secretary of State. The Honorable Donald Trump, President of the United States, would relish that “first.” He is young: Fifty-four years of age. He is an avid user of Twitter. He was a Fox News contributor. The current occupant of the Oval Office likes him. He would effectively channel the views of President Trump.

A United States Secretary of State Richard Grenell would be expected to focus using diplomatic militancy upon issues relating to China, Cuba, Iran, Turkey, and Venezuela. His tenure would be judged by which of those five countries, and perhaps others, accede to “regime change” whether as a change in personnel or a change in behavior. Secretary Grenell would be the Sherpa for the “deals” mentioned frequently by President Trump- principally with Iran, then Venezuela, and then Cuba.

NOTE: A potential selection for United States Secretary of State in a Biden Administration could be The Honorable Christopher Dodd, former United States Senator from Connecticut (1981-2011) and former member of the United States House of Representatives (1975-1981), who is a friend of former Vice President Joseph Biden (2009-2017).

The White House
Washington DC
7 September 2020

THE PRESIDENT: “When reports come out that certain countries don't really like me too much, that's not because of my personality, although it could be that also, frankly. It's because of the fact that I've been very tough on countries that have been ripping us off for so many years. If you look at NATO, with the exception of eight countries -- we're one of them -- every country is way behind. They’re delinquent, especially Germany, in paying their NATO bills. That means we end up paying it, and we're not doing it. I told them; we're not doing it. And they've increased their spending now $130 billion, going up to $400 billion a year. It’s all because of me. Then you hear the country doesn’t like me. I mean, I can understand that, because President Obama and other presidents, in all fairness, would go in there and they’d make a speech and they’d leave. I went in there, I looked, and I said, “This is unfair. We’re paying for NATO.” We’re paying for NATO. Almost all of it. So they rip us off on the military and then they rip us off, with the European Union, on trade. And Biden doesn’t have a clue. You know he doesn't have a clue. Everybody knows he doesn't have a clue. In primetime, he wasn't good. And now it's not primetime.”

Thank you, Mr. President. After Navalny poisoning, Chancellor Angela Merkel of Germany is under pressure to cancel Nord Stream 2 pipeline from Russia to Germany. Would you support such a move?

THE PRESIDENT: Sure. Well, I've been support- -- I've been supportive of that. I was the first one that brought it up. You never heard of Nord Stream 2 until Trump came along. When I came along, I said, “Wait a minute. We're protecting Germany from Russia, right?” NATO. “We're protecting Germany from Russia. Germany is paying Russia billions and billions of dollars to get their energy.” And the real number is probably 60 to 70 percent, ultimately, of their energy is going to come from Russia. And I said this for years, that nobody talks about it. One of the many things, between sanctions and all of the -- what we've done for Ukraine, relative to what the past -- they used to send pillows, and we sent tank busters. But I brought that up a long time ago. Russia is unhappy that I brought it up. But you never heard of Nord Stream 2; nobody did, until I got elected. And I said, “Why is Germany making a deal to give billions of dollars to Russia, and then we're protecting Germany from Russia? How does that work?” And then, on top of it, Germany is delinquent because they're only paying a little more than 1 percent and they're supposed to be paying 2 percent, and even the 2 percent is low. But just remember: Trump -- me -- I got the countries of NATO to spend one point -- $130 billion, going to $400 billion a year. Think of it: $400 billion a year more for NATO. And the purpose of NATO primarily is Europe protection against Russia. Now, they can use it for other, I guess -- and they have a little bit in the Middle East, et cetera, et cetera. But I'm the one that did that. So -- but nobody talks about that. Nobody talks about Nord Stream 2. The answer is: Absolutely, if they feel that something happens. But I don't know that Germany is in a position right now, because Germany is in a very weakened position, energy wise. They're closing all their plants. They're closing their nuclear. They're closing their coal. They’re closing a lot of plants. And they are -- they have put themselves in a very bad position, frankly. Very, very bad position.”

United States Department Of State
Washington DC
2020

Richard A. Grenell served as the U.S. Ambassador to Germany 2018-2020. He continues to serve as Special Presidential Envoy for Serbia and Kosovo Peace Negotiations. Ambassador Grenell previously served as Acting Director of National Intelligence, spokesman to four ambassadors at the U.S. Mission to the United Nations, and founded the global public affairs consultancy, Capitol Media Partners. Ambassador Grenell holds an MPA from Harvard’s Kennedy School of Government and a BA from Evangel College.

The White House
Washington DC
20 February 2020

Statement from the Press Secretary: Today, the President designated United States Ambassador to Germany Richard Grenell as Acting Director of National Intelligence. Ambassador Grenell was confirmed to his role as Ambassador by the Senate in April 2018, and he has years of experience working with our Intelligence Community in a number of additional positions, including as Special Envoy for Serbia-Kosovo Negotiations and as United States spokesman to the United Nations. He is committed to a non-political, non-partisan approach as head of the Intelligence Community, on which our safety and security depend. The President has every confidence that Ambassador Grenell will perform his new duties with distinction.

The White House
Washington DC
3 October 2019

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

Richard Grenell of California to serve concurrently as Special Presidential Envoy for Serbia and Kosovo Peace Negotiations and Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Germany. Richard A. Grenell has served as the United States Ambassador to Germany since May 8, 2018. Mr. Grenell, a foreign policy writer and commentator, founded the international consulting firm Capitol Media Partners in 2010. For nearly two decades, he has served as the primary communications adviser for public officials at the Federal, State, local, and international levels, as well as for a Fortune 200 ranked company. Mr. Grenell is the longest serving United States spokesman at the United Nations (2001-2008) having served four United States Ambassadors. He earned a B.A. from Evangel University and an MPA from Harvard University’s John F. Kennedy School of Government.

United States Senate
Washington DC
8 January 2018

REPORT FOR THE COMMITTEE ON FOREIGN RELATIONS- UNITED STATES SENATE
SUBJECT: Ambassadorial Nomination: Certificate of Demonstrated Competence- Foreign Service Act, Section 304(a)(4)
POST: Federal Republic of Germany
CANDIDATE: Richard Allen Grenell

Richard Allen Grenell, a foreign policy communications specialist, writer and commentator, is the Founding Partner of Capitol Media Partners. He has served as the primary communications adviser for public officials at the local, state, federal, and international levels, as well as for a Fortune 300 ranked company. Mr. Grenell has worked extensively with clients based in the U.S. as well as around the world and throughout Europe. He has been a Fox News Foreign Policy Contributor and frequently writes and comments on foreign affairs for a variety of news outlets. Mr. Grenell’s leadership, management expertise, knowledge of governance and highly developed communication skills make him an excellent candidate for Ambassador to Germany.

Mr. Grenell is the longest serving U.S. spokesman in history at the United Nations in New York (2001-2008), where he was part of the negotiation team with the German delegation on a myriad of global issues, including Iran and North Korea sanctions, UN reform and peacekeeping operations. Previously, Mr. Grenell served as Senior Vice President of Corporate Communications for DaVita, El Segundo, California (2008-2009), Press Secretary, Mayor of San Diego, California (1998-2000), Press Secretary, State of New York Division of Lottery, Albany, New York (1995-1997), Press Secretary, House of Representatives, Washington, D.C. (1993-1995), Assistant, Campaign Division, National Republican Congressional Committee, Washington, D.C. (1993), Coalitions Coordinator for the Bush-Quayle Re-election campaign, Washington, D.C. (1992) and Administrator, American Arbitration Association (1989-1991).

Mr. Grenell earned a B.A. from Evangel College (now University) and a M.P.A. from Harvard University’s John F. Kennedy School of Government. He received a Superior Honor Award from the Department of State and speaks basic Spanish.

AIS Financial Services In Cuba Sanctioned By U.S. Department Of State Due To Connection With Military

United States Department of State
Washington DC
28 September 2020

”Today, the Department of State is adding American International Services (AIS) to the Cuba Restricted List. AIS is a financial institution controlled by the Cuban military that processes remittances sent to the Cuban people. The Cuban military also uses AIS, its parent company FINCIMEX, and other entities to charge fees and manipulate the remittance and foreign currency market as part of the regime’s schemes to make money and support its repressive apparatus. The profits earned from these operations disproportionately benefit the Cuban military, furthering repression of the Cuban people and funding Cuba’s meddling in Venezuela.

President Trump has made it clear that he stands with the Cuban people in their longstanding struggle for freedom and against the communist regime in Havana. Adding AIS to the Cuba Restricted List furthers the Administration’s goal of preventing the Cuban military from controlling and benefiting from the flow of remittances that should instead benefit the Cuban people. The people should be able to receive funds from their family abroad without having to line the pockets of their oppressors.

We urge anyone who sends remittances to family in Cuba to use means other than Cuban government-controlled remittance entities.

The Cuban people deserve to live in freedom and dignity, able to choose their leadership and provide for themselves and their families. The United States stands with the Cuban people as they struggle to achieve this vision and look forward to the day when the dream of freedom becomes reality.”

LINK To Federal Register Publication (29 September 2020)

President Trump Remarks At The White House Honoring Bay Of Pigs Veterans

The White House
Washington DC
23 September 2020

The following individuals are expected to attend:

The White House
President Donald J. Trump
Vice President Mike Pence
Matt Pottinger, Assistant to the President and Deputy National Security Advisor
Jennifer Sevilla Korn, Deputy Assistant to the President and Deputy Director of the Office of Public Liaison
Mauricio Claver-Carone, Deputy Assistant to the President and Senior Director for Western Hemisphere Affairs, National Security Council

Trump Administration
Deputy Secretary of State Stephen Biegun, U.S. Department of State
Ambassador Carlos Trujillo, U.S. Department of State

Members of Congress
Representative Mario Diaz Balart, (R-FL)
Representative Alex Mooney, (R-WV)
Representative Anthony Gonzalez, (R-OH)

External Participants
23 Brigade 2506 veterans and their families

REMARKS BY PRESIDENT TRUMP HONORING BAY OF PIGS VETERANS

East Room

THE PRESIDENT: Well, thank you very much. Please. Thank you very much. And I’m delighted to welcome you to the White House as we honor the Cuban-American veterans of the Bay of Pigs Invasion. Brave people. Great people.

I was honored to receive the endorsement of the Bay of Pigs Veterans Association in 2016, and they gave me a beautiful award. And I have it very proudly on a wall of great importance to me.

And I just understood that, once again, I’ve received your official endorsement and support. And I very much thank you for that. Thank you all very much. That’s a great honor. (Applause.) It’s a great honor.

Today, we reaffirm our ironclad solidarity with the Cuban people and our eternal conviction that freedom will prevail over the sinister forces of communism and evil of many different forms.

Sixty years ago, these Cuban patriots formed Brigade 2506 in a daring effort to liberate their homeland from the communist Castro regime. Today, we declare America’s unwavering commitment to a free Cuba. And you will have that. You will have that very soon.

We’re glad to be joined -- (applause) -- they will have it, Mike, won’t they? Huh? It’s happening very fast, actually.

We’re glad to be joined by Vice President Mike Pence. And you know what I’d like to do? I’d like to have Mike come up, say a few words. He’s very much wedded to what you are believers in. He believes in Cuba, and he believes in a lot of help for you. So, Mike, please come up and say a few words. (Applause.)

THE VICE PRESIDENT: Thank you, Mr. President. It's a privilege to join you today amongst so many heroes -- 23 heroic veterans of Brigade 2506. As you said, Mr. President, April 1961, with American support, Brigade 2506 landed on the beaches along the Bay of Pigs vastly outnumbered by Castro’s socialist forces. Twelve hundred were captured.

America secured the release of nearly all of the prisoners 20 months later, but the last prisoner was not released until 1986. And upon his arrival in Miami, history records that he said, “I am grateful to be in the land of freedom.” (Applause.)

This fall, Mr. President, you’ll also mark 40 years since the conclusion of the Mariel boatlift, when 125,000 Cubans fled socialism for freedom here in America. And I'm proud to stand with you, Mr. President, because President Donald Trump believes this is a hemisphere of freedom, and we will always stand for freedom. (Applause.)

Mr. President, you've taken strong action to stand for freedom in Cuba, Venezuela, and Nicaragua. And today, with the new sanctions that you'll be announcing at this event, you will confirm that, in this White House, it will always be: que viva Cuba libre. (Applause.) Thank you, Mr. President.

THE PRESIDENT: Thank you very much, Mike. And we appreciate it. And it’s great -- and I know that all of the great people that I just met, that love Cuba so much, they appreciate your help very much, they so stated.

And thank you as well to Deputy Secretary of State Stephen Biegun. Thank you very much. (Applause.) Where is he? Great job. Ambassador to the Organization of American States Carlos Trujillo. Carlos, thank you very much. (Applause.)

And a friend of mine, a great gentleman, just recovered from a very serious bout, but he is strong. There was nothing going to take him down. Mario Díaz-Balart. Mario? Thank you, Mario. (Applause.) Great. Great job. It was great. And I’m -- I know you’re 1,000 percent, and you did it fast. You’re strong. You’re very strong, Mario.

Anthony Gonzalez. Great football player, by the way. (Applause.) Great, great football player -- all the way through the NFL. That’s great. And we got Ohio State going. We have the whole Big 10. We got that done, didn’t we, Anthony? And you helped, and I appreciate it. Thank you very much.

And Alex Mooney. Alex, thank you very much. (Applause.) Thank you, Alex.

I also want to recognize Mauricio Claver-Carone, who has just been elected as the first American to lead the Inter-American Development Bank. That’s big stuff. (Applause.) He’s been my friend, and he agrees with what I said. He would get up -- and when I talked about Venezuela, it was much different than the so-called experts. You know, the experts that have been talking about it for 20 years and nothing happens? And when I talked about Cuba, much different.

And my friend would get up and say, “You know, the only one that’s been right about this for two years is President Trump.” Hence, he’s heading this big bank now. It’s amazing. See, if you say nice things about the President, that’s what happens. Right? (Laughter.) But congratulations. You deserve it. You’re going to be fantastic. Thank you very much.

This milestone underscores our historic partnerships across Latin America.

On April 17, 1961, the 1,400 Cuban exiles of Brigade 2506 landed at the Bay of Pigs. They were met by fierce airstrikes, by heavy fire -- very, very heavy -- and 20,000 soldiers from the Castro regime. These brave warriors fought three grueling days. The brutal Castro regime imprisoned them for 20 months, until the United States negotiated their release.

Today, we are profoundly honored by their presence. We’re joined by these 20 incredible veterans -- Brigade 2506 -- and their families. Could I ask you to stand, please? Because that’s -- that’s really great. (Applause.) That’s really good. You’re looking good, too. You’re looking good. Looking good. Wow. (Applause.) That’s great. Good-looking people in Cuba. That’s a good-looking group. I appreciate you being here. This is tremendous.

It’s an honor. You’ve been honoring me for four years, and now I’m honoring you, and that’s a nice way to do it.

PARTICIPANT: (Inaudible) the next four years.

THE PRESIDENT: Well, thank you very much. No, we really appreciate it.

We will honor your courage with my administration’s determination to defeat communism and socialism. And we will do that in our country too. We’re in the process of doing it right now -- and it has stepped, in my opinion, beyond the word “socialism” -- and we are meeting it with great force.

My administration stands with every citizen of Cuba and Nicaragua and Venezuela in their fight for liberty. And we work for the day when this will become a fully free hemisphere. And it will be, for the first time in human history, a fully free hemisphere. And we will have it. We will have it. And it's going to happen. (Applause.) It’s going to happen sooner rather than later. A lot of things are going on. A lot of things are going on right now that I can't tell you about, but I will be soon.

The Obama-Biden administration made a weak, pathetic, one-sided deal with the Castro dictatorship that betrayed the Cuban people and enriched the communist regime. I cancelled the Obama-Biden sellout to the Castro regime. (Applause.)

We will not lift sanctions until all political prisoners are freed, freedoms of assembly and expression are respected, all political parties are legalized, and free elections are scheduled. They will have to go through a lot, but things are happening, and it's very interesting to see the level at which they're happening.

Earlier this year, we also demanded the release of human rights activist, José Daniel Ferrer. (Applause.)

Today, as part of our continuing fight against communist oppression, I am announcing that the Treasury Department will prohibit U.S. travelers from staying at properties owned by the Cuban government. (Applause.) We're also further restricting the importation of Cuban alcohol and Cuban tobacco.

These actions will ensure that U.S. dollars do not fund the Cuban regime and go directly to the Cuban people. Big difference. Big difference, really.

We're also imposing strict sanctions on the dictatorships of Nicaragua and Venezuela. We brought criminal charges against Maduro for his narco-terrorism.

The courageous veterans here today bear witness to how socialism, radical mobs, and violent communists ruin a nation. Now, the Democratic Party is unleashing socialism right within our own beautiful country.

Today, we proclaim that America will never be a socialist or communist country. And I'm going to add that word, “or communist.” (Applause.) It’s the first time I've ever said that. I've never added the other word, but I think it's appropriate, Mike, when you look at the kind of ideology we're also facing; when you see the rioters, looters, anarchists, and then you see the press -- the media -- play right into their hands. It's so sad to see the media, the way they're being used. The media is being used. Like fools, they're being used. And it's very sad to watch. But we will prevail. It's the first time I've said that though, “socialism and communism.”

We did not fight tyranny abroad only to let Marxists destroy our beloved country. Together, we will defend our freedom and our American way of life. And we will defend it strongly and successfully, as we've been doing.

And as we celebrate Hispanic Heritage Month, we give thanks to the countless ways that Hispanic Americans uplift and inspire our nation. They've been so good to me.

And I must tell you that the big story is the poll numbers. “Trump has gone through the roof with the poll numbers from Hispanics.” They’re all talking about it. I just watched something and read a couple of articles, and they don't know what's happening. I guess they didn't know I love you, but I do. They're incredible people. Incredible people. They knew it. But they're all shocked. There hasn’t been a time when something like this has happened.

Nearly 60,000 Hispanic Americans serve as police officers. More than 300,000 Hispanic Americans serve in the military. Over half of the Border Patrol agents are Hispanic and they're incredible. I've gotten to know so many of them. They're incredible. More than 3 million Hispanic-owned small businesses provide jobs for millions of Americans. They’re fabulous business people.

Hispanic Americans teach their children to love our country, honor our history, and respect our great American flag.

Hispanic Americans embody the American Dream. And my administration is delivering for you that American Dream, like nobody has ever delivered for the Hispanic Americans, and hopefully for everybody else.

We implemented the historic tax cuts, regulation cuts, and I recently created the Hispanic Prosperity Initiative to expand economic opportunity.

Before the China virus, we achieved the lowest Hispanic American unemployment rate ever recorded in our -- in our country. I mean, like, it's not even close. Last year, Hispanic American poverty reached an all-time low. We built the greatest economy in history, and now we're doing it again. We closed it up; we saved millions and millions of lives. And now we opened it up. And you've been hearing about the “V.” We have a “V.” We may have a “super V.” And it's coming back fast. We're going to have a very good third quarter. That'll be announced just prior to the election.

So I'm putting myself at risk when I say that, because if it's not good, you can imagine there'll be playing what I just said. They won't say that I'm here representing the Hispanic Americans or Cubans or anything else. They’ll just say, “Look what he said.” But I'm willing to take that chance. We're going to have a great third quarter. And next year is going to be one of the greatest economic years we've ever had. We feel very confident based on everything we see.

In the last four months, 3.3 million Hispanic Americans were hired to fill new jobs -- a record. I've taken bold action to defend the right to religious liberty and the right to life.

We are protecting school choice for over 1 million Hispanic American students -- such a big deal. In a second term, I will provide school choice to every family in America. We want every American to have a limitless future.

Here with us today is Bay of Pigs veteran, Humberto Cortina. (Applause.) Where’s Humberto? Stand up, please. Come up. Who founded a small business in Miami and was elected to the Florida State House.

Humberto, say a few words.

MR. CORTINA: Thank you, sir.

THE PRESIDENT: Good. Please. Be careful. I don't want you falling on me. You'll never -- you'll never be the same if you fall. (Laughter.)

MR. CORTINA: No -- no way.

THE PRESIDENT: You know, if you fall, they’ll never let you forget it. No matter --

MR. CORTINA: No, but the guys that -- I know. All of them I know.

THE PRESIDENT: -- how good your speech. (Laughs.) Humberto, no matter how good your speech, it won’t matter, right? Please. Go have a good one.

MR. CORTINA: (Laughs.) Thank you, Mr. President, on behalf of the freedom fighters of the Brigade 2506 for the opportunity of being here with you today.

I was wounded during the Bay of Pigs invasion. As a result, the bullets got the sciatic nerve on both of my legs, and I was not able to walk for two years. When I returned from Castro's prison, I joined the United States Army with a presidential officer appointment. I felt very honored -- very honored to serve in the armed forces of our great country. And I always believed that even though we lost that battle, the war against socialism and communism continues now, as it did then.

After my service in the U.S. Army, I graduated from the University of Florida. I'm a Gator, Mr. President.

THE PRESIDENT: Good.

MR. CORTINA: I'm a Gator. I’m a Gator. And for five years, I worked as the Regional Director of the Council of the Americas in Latin America, where I realized the importance of communication, our values, and the opportunities that this great country offers.

In 1982, I was one of the first Cuban Americans elected to the State of Florida House of Representatives. I have a couple here that -- earlier or maybe later. I don't remember. (Laughs.) And what I learned there was a good and strong leadership means. And as a small-businessman, for 20 years, I appreciate the opportunities that this country extends to everyone who puts the time and efforts to achieve the American Dream, regardless of where you come from.

And as a father and grandfather, I appreciate your leadership, Mr. President, and your vision for the future. And I look forward to your presidency for the next four years. (Applause.)

THE PRESIDENT: Thank you very much.

MR. CORTINA: Thank you very much, sir. Thank you. (Applause.)

THE PRESIDENT: Thank you, Humberto, very much. That's great. Thank you. Thank you very much. That's great. Thank you very much, Humberto.

Mario, would you please come up and say a couple of words, please? Thank you.

REPRESENTATIVE DÍAZ-BALART: Thank you, Mr. President. Thank you for inviting a group of heroes who have never stopped fighting for freedom for their home and of Cuba, and for freedom and opportunity in the United States. Thank you for inviting these heroes.

And, Mr. President, the cause of a free Cuba, the cause of a free Venezuela, of a free Nicaragua, of a free hemisphere has never had a stronger ally, a stronger leader than this President. Thank you, Mr. President. Thank you. (Applause.)

THE PRESIDENT: Thank you, Mario, very much. It's my honor. And it's my honor. Thank you very much.

Also with us today is Colonel Johnny Lopez de la Cruz -- I love that name -- President of the Bay of Pigs Veterans Association; was so nice to me four years ago -- who went on to serve for 27 years in the United States military.

Johnny, please come up. Please. (Applause.)

MR. LOPEZ DE LA CRUZ: What an honor. Mr. President, on behalf of the members and families of the Brigade 2506, I would like to express our gratitude for the invitation to join you at the White House. It's quite an honor.

Today, we are celebrating the freedoms that we have and want to preserve. We are here because we share your commitment to conservative principles: individual freedom, the rule of law, and racial equality. We particularly value your support for our troops and veterans, and the restoration of the military might of this nation while brokering peace agreements and avoiding conflicts and endless wars.

You have kept your promises. You are supporting freedom and human rights in this hemisphere while applying severe sanctions to the regimes of Cuba, Venezuela, and Nicaragua. And we urge you to continue these policies and the efforts to rid the world of these communist, corrupt narco-terrorist regimes. Cuba must again be free after 60 years of communism. People are suffering in there, as well as in Venezuela and Nicaragua.

Mr. President, thank you from the bottom of our heart for this splendid and emotional recognition that you have vested on the veterans of the Bay of Pigs Invasion Brigade 2506.

God bless you, and God bless America. (Applause.)

THE PRESIDENT: Thank you very much. Beautiful. Thank you. Thank you very much. Great job.

The veterans we honor today are a powerful testament to all that a free people can achieve. In the past six decades, you have built strong families, thriving businesses, and vibrant communities.

Today we thank God for the blessings we share as citizens of the greatest country on Earth. And we hope, pray, and work for the day when the people of Cuba can finally reclaim their glorious destiny. It will happen soon.

Thank you. And God bless America. Thank you very much. (Applause.)

END

President Trump: U.S. Visitors Prohibited From Using Hotels In Cuba Owned By Cuban Government; No Importation Of Alcohol & Tobacco Products; New License Requirements

United States Department of the Treasury
Washington DC

Treasury Amends Regulations to Restrict Revenue Sources to the Cuban Regime
September 23, 2020

WASHINGTON – Today, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations (CACR) to further implement the President’s foreign policy to deny the Cuban regime sources of revenue. The changes restrict lodging at certain properties in Cuba; importing Cuban-origin alcohol and tobacco products; attending or organizing professional meetings or conferences in Cuba; and participating in and organizing certain public performances, clinics, workshops, competitions, and exhibitions in Cuba. These regulatory amendments will become effective upon publication in the Federal Register.

“The Cuban regime has been redirecting revenue from authorized U.S. travel for its own benefit, often at the expense of the Cuban people,” said Treasury Secretary Steven T. Mnuchin. “This Administration is committed to denying Cuba’s oppressive regime access to revenues used to fund their malign activities, both at home and abroad.”

For the latest changes to the CACR, which can be found at 31 Code of Federal Regulations (CFR) part 515, see here. Major elements of the changes in the revised Treasury regulations include:
Cuba Prohibited Accommodations List

OFAC is incorporating a new provision into the CACR that prohibits any person subject to U.S. jurisdiction from lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge at any property that the Secretary of State has identified as owned or controlled by the Cuban government, a prohibited official of the Government of Cuba, a prohibited member of the Cuban Communist Party, a close relative of a prohibited official of the Government of Cuba, or a close relative of a prohibited member of the Cuban Communist Party.

Concurrent with this change, the State Department is creating a new list, the Cuba Prohibited Accommodations List, to identify the names, addresses, or other identifying details, as relevant, of properties subject to this prohibition.
Cuban-Origin Alcohol and Tobacco

OFAC is amending the CACR to exclude the importation into the United States of Cuban-origin alcohol and tobacco products from several general authorizations. Previously, the importation of Cuban-origin alcohol and tobacco products as accompanied baggage was authorized for non-commercial use under certain circumstances.
Professional Meetings and Conferences

OFAC is eliminating the general authorization related to attendance at, or organization of, professional meetings or conferences in Cuba. These activities may be authorized via specific license on a case-by-case basis to the extent not authorized under other travel-related authorizations.
Public Performances, Clinics, Workshops, Competitions, and Exhibitions

OFAC is eliminating the general authorization related to public performances, clinics, workshops, other athletic or non-athletic competitions, and exhibitions. These activities may be authorized via specific license on a case-by-case basis. As a result of this amendment, the only remaining general license for participation in and organization of athletic competitions in Cuba will be the general license for athletic competitions by amateur or semi-professional athletes or athletic teams.

LINK To OFAC Regulation

LINK To OFAC Federal Regulation Publication

United States Department of State
Washington DC
23 September 2020

Announcement of the Cuba Prohibited Accommodations List
Press Statement

Michael R. Pompeo, Secretary of State

Today, the Department of State is announcing the creation of the Cuba Prohibited Accommodations (CPA) List. The CPA List includes 433 properties that are owned or controlled by the Cuban regime or certain well-connected insiders.

The Treasury Department’s Office of Foreign Assets Control (OFAC) announced regulatory changes today to the Cuban Assets Control Regulations (CACR) restricting certain transactions related to lodging at properties identified on the CPA List.

The Cuban government’s profits from properties in the hospitality industry owned or controlled by the Cuban government, senior regime officials, Cuban Communist Party leadership, and their families, disproportionately benefit the Cuban government, all at the expense of the Cuban people, who continue to face repression at the hands of the regime. Authorized travelers should instead stay in private accommodations, or casas particulares, owned and operated by legitimately independent entrepreneurs.

OFAC’s action today also restricts importing Cuba-origin alcohol and tobacco products; attending or organizing certain professional meetings or conferences in Cuba; and participating in and organizing certain public performances, clinics, workshops, competitions, and exhibitions in Cuba. Taken together, these actions seek to deprive the Cuban regime of the resources it uses to oppress the Cuban people and fund its interference in Venezuela, to the detriment of the citizens of both countries.

The United States will continue to support the Cuban people in their desire for a democratic government, economic prosperity, and respect for human rights, including freedom of religion, expression, and association.

LINK To Cuba Prohibited Accommodations List Initial Publication

Miami Herald: "Trump registered his trademark in Cuba in 2008 to build hotels, casinos and golf courses"

The Miami Herald
Miami, Florida
22 September 2020

Trump registered his trademark in Cuba in 2008 to build hotels, casinos and golf courses

By Nora Gámez Torres

Despite earlier promises in Miami that he would not do business in Cuba until the island was “free,” Donald Trump applied in 2008 to register his Trump trademark in the Caribbean nation for a variety of commercial activities, including investing in real estate, hotels, casinos and golf courses.

A search of the Cuban Industrial Property Office database shows that Donald J. Trump hired a Cuban lawyer, Leticia Laura Bermúdez Benítez, to submit the application in October 2008. The address listed was that of the Trump Organization: 725 Fifth Avenue, New York, 10022.

As is common in Cuba, where red tape is rampant, the trademark was not approved until much later, until March 2010. It expired in 2018, well into Trump’s presidency.

According to a description of his application, appearing both in the official Cuban registry website and in a 2009 bulletin, the trademark was related to “investment in real estate,” “beauty contests,” “golf courses,” “casino game services,” “montage of television programs,” and “hotel services,” among many other activities listed.

[A screenshot of the Cuban Industrial Property Office website showing details of the Trump trademark registered in Cuba. Miami Herald ] SEE BELOW

While President Trump might have broken his word about not seeking business in Cuba, given during a 1999 speech at the Cuban American National Foundation in Miami, he did not violate the U.S. embargo against Cuba in filing the application or hiring the Cuban lawyer. The Cuban Assets Control Regulations, the Treasury Department’s rules to implement the trade embargo, include exceptions to allow the filing for trademarks and the payment of local agents to do so.

The Herald could not immediately contact Bermúdez Benítez. The White House referred questions to the Trump Organization. The latter also did not respond to a request for comment.

Hundreds of American companies, including Netflix, Disney, Apple, Microsoft, and Starbucks, rushed to register their trademarks in Cuba after the two countries re-established diplomatic relations in 2015. At the time, several law firms encouraged their clients to do so because “Cuba is a ‘first to file jurisdiction,’ which means a Cuban trademark registration will be awarded to the first applicant, even if that applicant has not previously used the mark,” according to a client notice issued by the law firm Hunton & Williams.

President Trump has imposed several new sanctions on the Cuban government and strengthened the embargo, citing human rights violations and the regime’s support to Nicolás Maduro in Venezuela. His strong rhetoric against the government in Havana has given him the crucial support of many Cuban American voters in Florida.

But his flirtations with business on the island spanned decades.

In 1998, a Trump company, Trump Hotels & Casino Resorts, paid a consulting firm around $68,000 for a business trip to Cuba on its behalf, in a likely violation of the embargo at the time, according to a Newsweek report.

More recently, in 2013, executives from the Trump Organization visited Cuba to explore investing in a golf course east of Havana, in an area known as Bello Monte, Bloomberg Businessweek reported. And the CEO of a Spanish hotel chain declared that the Trump Organization was looking into establishing hotels on the island when Trump was a presidential candidate in 2016.

His former presidential campaign manager, Paul Manafort, also traveled to Cuba in January 2017, according to a Senate report.

In Speech To United Nations, President Trump Mentions 14 Countries (China 11 Times), Cuba Among Them

The White House
Washington DC
22 September 2020

REMARKS BY PRESIDENT TRUMP TO THE 75TH SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY

PRESIDENT TRUMP: It is my profound honor to address the United Nations General Assembly.

Seventy-five years after the end of World War II and the founding of the United Nations, we are once again engaged in a great global struggle. We have waged a fierce battle against the invisible enemy -- the China virus -- which has claimed countless lives in 188 countries.

In the United States, we launched the most aggressive mobilization since the Second World War. We rapidly produced a record supply of ventilators, creating a surplus that allowed us to share them with friends and partners all around the globe. We pioneered life-saving treatments, reducing our fatality rate 85 percent since April.

Thanks to our efforts, three vaccines are in the final stage of clinical trials. We are mass-producing them in advance so they can be delivered immediately upon arrival.

We will distribute a vaccine, we will defeat the virus, we will end the pandemic, and we will enter a new era of unprecedented prosperity, cooperation, and peace.

As we pursue this bright future, we must hold accountable the nation which unleashed this plague onto the world: China.

In the earliest days of the virus, China locked down travel domestically while allowing flights to leave China and infect the world. China condemned my travel ban on their country, even as they cancelled domestic flights and locked citizens in their homes.

The Chinese government and the World Health Organization -- which is virtually controlled by China -- falsely declared that there was no evidence of human-to-human transmission. Later, they falsely said people without symptoms would not spread the disease.

The United Nations must hold China accountable for their actions.

In addition, every year, China dumps millions and millions of tons of plastic and trash into the oceans, overfishes other countries’ waters, destroys vast swaths of coral reef, and emits more toxic mercury into the atmosphere than any country anywhere in the world. China’s carbon emissions are nearly twice what the U.S. has, and it’s rising fast. By contrast, after I withdrew from the one-sided Paris Climate Accord, last year America reduced its carbon emissions by more than any country in the agreement.

Those who attack America’s exceptional environmental record while ignoring China’s rampant pollution are not interested in the environment. They only want to punish America, and I will not stand for it.

If the United Nations is to be an effective organization, it must focus on the real problems of the world. This includes terrorism, the oppression of women, forced labor, drug trafficking, human and sex trafficking, religious persecution, and the ethnic cleansing of religious minorities.

America will always be a leader in human rights. My administration is advancing religious liberty, opportunity for women, the decriminalization of homosexuality, combatting human trafficking, and protecting unborn children.

We also know that American prosperity is the bedrock of freedom and security all over the world. In three short years, we built the greatest economy in history, and we are quickly doing it again. Our military has increased substantially in size. We spent $2.5 trillion over the last four years on our military. We have the most powerful military anywhere in the world, and it’s not even close.

We stood up to decades of China’s trade abuses. We revitalized the NATO Alliance, where other countries are now paying a much more fair share. We forged historic partnerships with Mexico, Guatemala, Honduras, and El Salvador to stop human smuggling. We are standing with the people of Cuba, Nicaragua, and Venezuela in their righteous struggle for freedom.

We withdrew from the terrible Iran Nuclear Deal and imposed crippling sanctions on the world’s leading state sponsor of terror. We obliterated the ISIS caliphate 100 percent; killed its founder and leader, al-Baghdadi; and eliminated the world’s top terrorist, Qasem Soleimani.

This month, we achieved a peace deal between Serbia and Kosovo. We reached a landmark breakthrough with two peace deals in the Middle East, after decades of no progress. Israel, the United Arab Emirates, and Bahrain all signed a historic peace agreement in the White House, with many other Middle Eastern countries to come. They are coming fast, and they know it’s great for them and it’s great for the world.

These groundbreaking peace deals are the dawn of the new Middle East. By taking a different approach, we have achieved different outcomes -- far superior outcomes. We took an approach, and the approach worked. We intend to deliver more peace agreements shortly, and I have never been more optimistic for the future of the region. There is no blood in the sand. Those days are, hopefully, over.

As we speak, the United States is also working to end the war in Afghanistan, and we are bringing our troops home. America is fulfilling our destiny as peacemaker, but it is peace through strength. We are stronger now than ever before. Our weapons are at an advanced level like we’ve never had before -- like, frankly, we’ve never even thought of having before. And I only pray to God that we never have to use them.

For decades, the same tired voices proposed the same failed solutions, pursuing global ambitions at the expense of their own people. But only when you take care of your own citizens will you find a true basis for cooperation. As President, I have rejected the failed approaches of the past, and I am proudly putting America first, just as you should be putting your countries first. That’s okay -- that’s what you should be doing.

I am supremely confident that next year, when we gather in person, we will be in the midst of one of the greatest years in our history -- and frankly, hopefully, in the history of the world.

Thank you. God bless you all. God bless America. And God bless the United Nations.

Trump Administration Lists Major Illicit Drug Producing Countries- Cuba Not Included; Venezuela Is

The White House
Washington DC
16 September 2020

Presidential Determination

No. 2020-11 MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT: Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2021

By the authority vested in me as President by the Constitution and the laws of the United States, including section 706(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) (FRAA), I hereby identify the following countries as major drug transit or major illicit drug producing countries: Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela.

A country's presence on the foregoing list is not necessarily a reflection of its government's counternarcotics efforts or level of cooperation with the United States. Consistent with the statutory definition of a major drug transit or major illicit drug producing country set forth in section 481(e)(2) and (5) of the Foreign Assistance Act of 1961, as amended (Public Law 87-195) (FAA), the reason countries are placed on the list is the combination of geographic, commercial, and economic factors that allow drugs to transit or be produced, even if a government has engaged in robust and diligent narcotics control measures.

Illicit drugs inflict enormous harm on the health and safety of the American people and threaten the national security of the United States. While my Administration has achieved steady progress in stemming the tide of our country's drug epidemic, transnational criminal organizations continually challenge our success by violating our borders and flooding our homeland with these deadly substances.

The United States is taking the fight to these criminal organizations and their enablers on an unprecedented scale. This April, I initiated the most significant counternarcotic operations in decades targeting the illicit drug trade in the Caribbean and Eastern Pacific by deploying U.S. military assets to U.S. Southern Command in cooperation with 22 international allies. These operations led to the seizure of more than 80 metric tons of cocaine and other dangerous drugs, depriving transnational criminal organizations of more than $1.8 billion in profits and putting drug kingpins on notice that they are squarely in the crosshairs of the United States.

The most complicit kingpin in this Hemisphere is the Venezuelan dictator, Nicolas Maduro. This March, a U.S. court indicted Maduro for narcoterrorism and conspiracy to smuggle cocaine into the United States. In response, the U.S. Department of State announced a $15 million reward for information leading to his arrest or conviction. He joined a multitude of other regime cronies who are either under U.S. indictment or were sanctioned for drug crimes by the Department of the Treasury. The United States will continue to support the Venezuelan people, Interim President Juan Guaido, and the democratically elected National Assembly, and will work together with the legitimate Interim Government of Venezuela to stop drug trafficking and root out the criminal elements that have exploited that country. Maduro's illegitimate narco-regime should face justice for its crimes.

While bringing criminals like Maduro to justice remains an urgent priority, the United States also needs other governments in the Western Hemisphere to assume greater responsibility for reducing illegal drug supplies.

In Colombia, President Ivan Duque and his government remain strong partners of the United States, and Colombian police and military forces have shown great bravery and commitment by targeting high-level drug traffickers, interdicting drug shipments, and manually eradicating coca. Nevertheless, coca cultivation and cocaine production remain at unacceptably high levels. To reach our shared 5-year goal to reduce coca cultivation and cocaine production by half by the end of 2023, Colombia must move forward with resuming aerial eradication, which remains an irreplaceable tool in the government's arsenal alongside manual eradication and alternative economic development.

It is also of great concern that coca cultivation and cocaine production remain near historical highs in Peru, another longstanding U.S. ally. Peru is a valued law enforcement partner of the United States and has demonstrated continuing commitment to fighting all aspects of the drug trade. I call on the Peruvian government to resume eradication operations in the country's high yield coca producing regions, including the Valley of the Apurimac, Ene, and Mantaro Rivers.

Since the resignation of former President Evo Morales in November 2019, U.S.-Bolivian cooperation against drug trafficking networks has increased under Bolivia's transitional government. The transitional government made important strides in drug interdiction and resumed processing extradition requests of drug traffickers by the United States. Nevertheless, coca cultivation continues to exceed legal limits under Bolivia's own domestic laws for medicinal and traditional use, and the Bolivian state has taken insufficient measures to safeguard the country's licit coca markets from criminal exploitation. If the Bolivian government, including its Legislative Assembly, takes sufficient steps in the year ahead to remedy these shortcomings and continues the progress made over the past 10 months under the transitional government, I will consider removing Bolivia from next year's list of countries that have failed demonstrably to uphold their drug control responsibilities.

Last year, I warned that I would consider determining Mexico had failed demonstrably to uphold its international drug control commitments if it did not intensify its efforts to increase poppy eradication, interdict illicit drugs before they cross the border into the United States, increase its prosecutions of drug traffickers and seize their assets, and develop a comprehensive drug control strategy. This year, Mexico successfully passed asset forfeiture reforms, increased extraditions of dangerous drug traffickers to the United States, made substantial progress in completing its first poppy yield study in 17 years, and produced a counterdrug strategy. While these are signs of progress, more must be done.

Mexico remains the source of nearly all heroin and methamphetamine seized in the United States, and a transit route for most of the cocaine available in our country. Moreover, Mexican cartels take advantage of uneven precursor chemical controls in Mexico to manufacture deadly drugs, such as fentanyl, inside Mexico and smuggle them into the United States. Mexican drug interdictions remain far too low in the face of these critical drug threats. These cartels present a clear threat to Mexico and the Mexican government's ability to exert effective control over parts of its country.

Mexico must clearly demonstrate its commitment to dismantling the cartels and their criminal enterprises and do more to protect the lives of Mexican and American citizens threatened by these groups. Mexico needs to continue to extradite key criminal actors, step up comprehensive investigations and drug and asset seizures, and implement a robust data-based poppy eradication program tied to sustainable alternative development. The Mexican government should acknowledge the alarming trend of fentanyl production inside its territory. It must prioritize law enforcement action targeting cartel production and trafficking of fentanyl -- the leading substance involved in drug overdose deaths in the United States -- and strengthen efforts targeting fentanyl precursor chemicals overwhelmingly trafficked from China, as well as fentanyl smuggling and production. More must also be done to target the cartels' increasing production of methamphetamine.

The United States remains ready to deepen its partnership with Mexico to address these shared challenges and welcomes the opportunity to develop joint drug control goals with Mexico and bilateral investigations built on transparent and open sharing of investigative information and evidence leading to successful prosecutions.

Many Mexican military and law enforcement professionals, in cooperation with their U.S. counterparts, are bravely confronting the transnational criminal organizations that threaten both of our countries. Unless the Mexican government demonstrates substantial progress in the coming year backed by verifiable data, Mexico will be at serious risk of being found to have failed demonstrably to uphold its international drug control commitments.

Pursuant to section 706(2)(A) of the FRAA, I hereby designate Bolivia and the illegitimate regime of Nicolas Maduro in Venezuela as having failed demonstrably during the previous 12 months to adhere to their obligations under international counternarcotics agreements and to take the measures required by section 489(a)(1) of the FAA. Included with this determination are justifications for the designations of Bolivia and the Maduro regime, as required by section 706(2)(B) of the FRAA.

I have also determined, in accordance with provisions of section 706(3)(A) of the FRAA, that United States programs that support the legitimate interim government in Venezuela and the Bolivian government are vital to the national interests of the United States.

You are authorized and directed to submit this designation, with the Bolivia and Venezuela memoranda of justification, under section 706 of the FRAA, to the Congress, and to publish it in the Federal Register.

DONALD J. TRUMP

New President Of Inter-American Development Bank Will Continue Focus Upon Cuba, Venezuela; And Work Closely With OAS

With the appointment of forty-five year old Mr. Mauricio Claver-Carone to a five-year term as President of the forty-eight member Washington DC-based Inter-American Development Bank (IDB), the Republic of Cuba, Venezuela, and Nicaragua will continue to be a direct and indirect aggressive focus for Mr. Claver-Carone, as they have during his service in the Trump Administration. The IDB term begins on 1 October 2020. 

Venezuela, Nicaragua, and China are member countries of the IDB; and each country has commercial, economic, and political relationships with the Republic of Cuba.

Regardless of the outcome of the United States election on 3 November 2020, Mr. Claver-Carone will serve a term which extends through the end of the four-year presidential term, so he and the IDB will have latitude to craft and implement policies where loan recipients vetting will include, officially or unofficially, whether projects provide any benefit to the Republic of Cuba, Venezuela and Nicaragua.

From The IDB: “The IDB is a multilateral development institution established in 1959.  It is the largest government owned regional source of development finance for Latin America and the Caribbean.  The IDB is owned by 48 countries, including 26 Latin American and Caribbean countries and 22 non-borrowing member countries.”

“The Inter-American Development Bank is a multilateral financial institution supporting Latin America and the Caribbean’s efforts to reduce poverty and inequality, and to bring about development in a sustainable, climate-friendly way.  Established in 1959, it is the leading source of development financing for Latin America and the Caribbean, with a strong commitment to achieving measurable results.”

Mr. Claver-Carone will use the IDB platform to work closely with both leadership and individual members of the thirty-five (35) member Washington DC-based Organization of American States (OAS) to further constrict interaction with the Republic of Cuba, Venezuela, and Nicaragua where the interaction is perceived to provide or does provide support to the Miguel Diaz-Canel Administration in Havana, Nicolas Maduro Administration in Caracas, and Daniel Ortega Administration in Managua while promoting policies that penalize leadership in the countries. 

From the OAS: “The Organization was established in order to achieve among its member states- as stipulated in Article 1 of the Charter- “an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence.””

“Today, the OAS brings together all 35 independent states of the Americas and constitutes the main political, juridical, and social governmental forum in the Hemisphere. In addition, it has granted permanent observer status to 69 states, as well as to the European Union (EU).  The Organization uses a four-pronged approach to effectively implement its essential purposes, based on its main pillars: democracy, human rights, security, and development.”

In 2020, seventy-two-year-old H.E. Luis Almagro was re-elected to a second and final five-year term as OAS General Secretary.  So, both Messrs. Claver-Carone and Almagro will serve their terms through the 2024 United States presidential election, providing them with focus flexibility implemented irrespective of policies of The White House.

Inter-American Development Bank
Washington DC
12 September 2020

Mauricio J. Claver-Carone was elected President of the Inter-American Development Bank (IDB) today during an electronic meeting of the Bank’s Board of Governors. He will take office on October 1, 2020, for a five-year term. As President, he will oversee the operations of the IDB Group, which comprises the IDB, IDB Invest and IDB Lab. Claver-Carone will succeed current President Luis Alberto Moreno. The Board of Governors today also issued a resolution expressing gratitude to President Moreno for his service.

Claver-Carone is currently Deputy Assistant to the U.S. President and Senior Director for Western Hemisphere Affairs at the U.S. National Security Council. He previously served as U.S. Representative to the International Monetary Fund and as Senior Advisor to the Under Secretary for International Affairs at the U.S. Department of the Treasury. He earned his Bachelor of Arts degree from Rollins College, Juris Doctor from The Catholic University of America and Master of Laws in International and Comparative Law from Georgetown University Law Center.

To be elected President, a candidate must receive a majority of the total voting power of the IDB’s member countries as well as the support of at least 15 of the 28 regional member countries (26 borrowing member countries, plus Canada and the United States). The IDB has a total of 48 member countries, with Headquarters in Washington, D.C., and offices in all borrowing countries as well as in Europe and Asia.

The Board of Governors is the Bank’s highest authority. Each member country appoints a Governor, whose voting power is proportional to the capital in the Bank subscribed by his or her country. Governors are typically finance ministers, central bank presidents, or other high-ranking officials. The Board of Governors holds annual meetings to review Bank operations and make key policy decisions. It also occasionally holds special meetings, including to elect a President.

Mauricio J. Claver-Carone will be the IDB’s fifth President. He follows Luis Alberto Moreno (2005-2020); Enrique V. Iglesias (1988-2005); Antonio Ortiz Mena (1971-1988); and Felipe Herrera (1960-1971).

United States Department of State
Washington DC
12 September 2020

Election of Mauricio Claver-Carone as President of the Inter-American Development Bank

Michael R. Pompeo, Secretary of State: On behalf of the United States, I congratulate Mauricio Claver-Carone on his election as President of the Inter-American Development Bank (IDB). In his role at the National Security Council, Mr. Claver-Carone has been a visionary leader in advancing prosperity in the Western Hemisphere and a strong advocate for the democratic institutions and security cooperation that underpin economic growth and development. In partnership with other countries in the region, the United States looks forward to working closely with him during his tenure as president of this essential organization as it revitalizes economies throughout Latin America and the Caribbean.

The White House
Washington DC
12 September 2020

Statement from National Security Advisor Robert C. O’Brien

Congratulations to Mauricio Claver-Carone on his election to lead the Inter-American Development Bank (IDB). His nomination represented a historic commitment by the United States to help our neighbors in Latin America and the Caribbean recover from the coronavirus pandemic and return to the path of economic growth. The strong backing of shareholders today is a testament to the confidence the region has in Mauricio’s commitment to reenergize the IDB as a critical hemispheric institution, and in his strategic vision for accelerating best-in-class private investment in the region.

Mauricio is the embodiment of the energetic and innovative financial leaders who will take the IDB to the next level. He has committed to creating the most inclusive leadership team in IDB history to better represent all members of the bank, both small and large. In further evidence of his broad support, Mauricio was not only nominated by the United States to lead the IDB, but was co-nominated by Guyana, Haiti, El Salvador, Paraguay, and Israel.

Mauricio has served with distinction as Deputy Assistant to the President and Senior Director for Western Hemisphere Affairs for the National Security Council. In this role, he has provided strong counsel regarding Canada, Latin America, and the Caribbean to President Donald J. Trump and myself. He also served as the United States Representative to the International Monetary Fund and as a senior advisor to the Treasury. His leadership on the América Crece (“Growth in the Americas”) initiative, the Back to the Americas program, and the Western Hemisphere Strategic Framework demonstrate his commitment to the region’s economic growth and development.

We look forward to working with Mauricio Claver-Carone, the IDB, and Latin America and the Caribbean over the coming years to fully realize our hemisphere of freedom.

Carnival Corporation Lawsuit: "Plaintiff's injury is concrete, particularized, and imminent" Says Court- Case To Proceed

HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [1:19-cv-21724; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)

LINK: Omnibus Order (14 September 2020)

Excerpts From 23-Page Order:

The Court has carefully considered the Motion, the Response, the Reply, the record in this case, the applicable law, and is otherwise fully advised. For the reasons set forth below, the Motion is denied.

Under the LIBERTAD Act, trafficking in confiscated property is an invasion of a legally protected interest — i.e. a statutorily constructed property interest in the Subject Property, which conveys a right to prevent third-party use of the same. The remedy for the violation of that right is compensation from third parties for trafficking in the Subject Property. That the legal right and remedy at issue in this case are statutorily constructed does not sway the Court’s analysis in favor of Defendant, because, as discussed in the ensuing sections, Plaintiff’s injury is concrete, particularized, and imminent.

As detailed above, Congress was prompted to enact Title III because the remedies for (1) the wrongful confiscation of property by foreign governments; and (2) the subsequent unjust enrichment and economic exploitation of that property by foreign investors at the expense of the rightful owners, were ineffective. 22 U.S.C. § 6081(10).4 Quite simply, the right identified by Congress was a property interest, and Defendant presents no clear argument why an infringement on a property right lacks concreteness. Defendant appears to argue that the injury here is not concrete because the Subject Property was initially confiscated by the Cuban Government and Plaintiff cannot be injured by its subsequent use. While the injury may have its origin in the confiscation, Defendant does not explain how the continued use of the Subject Property makes Plaintiff’s harm less tangible today. Stated otherwise, Plaintiff’s injury is “real” because it is not receiving the benefit of its interest in the Subject Property, and Defendant’s subsequent trafficking in the confiscated property has undermined Plaintiff’s right to compensation for that expropriation.

Contrary to the conclusion in Glen v. American Airlines that the plaintiff had no standing because there was no allegation of concrete harm, the Court finds that the allegations of profiting from the use of property that was expropriated without obtaining consent or paying adequate compensation to the original owner is sufficient concrete harm for standing purposes.

In sum, Plaintiff has alleged sufficient facts to recover monetary damages for the injuries it sustained as a result of Defendant’s unlawful trafficking in the Subject Property, to which it owns a Certified Claim.

Finally, the Court is unpersuaded by Defendant’s argument that the Court can resolve the purported time bar issue, which is an affirmative defense, at this juncture.

President Trump Continues "Trading With The Enemy Act" Authorities Relating To Cuba

The White House
Washington DC
September 9, 2020

Presidential Determination
No. 2210-10

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 13, 2019 (84 FR 49189, September 18, 2019), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to expire on September 14, 2020.

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, 2021, 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


50 U.S. Code § 4305. Suspension of provisions relating to ally of enemy; regulation of transactions in foreign exchange of gold or silver, property transfers, vested interests, enforcement and penalties

(a) The President, if he shall find it compatible with the safety of the United States and with the successful prosecution of the war, may, by proclamation, suspend the provisions of this chapter so far as they apply to an ally of enemy, and he may revoke or renew such suspension from time to time; and the President may grant licenses, special or general, temporary or otherwise, and for such period of time and containing such provisions and conditions as he shall prescribe, to any person or class of persons to do business as provided in subsection (a) of section 4304 of this title, and to perform any act made unlawful without such license in section 4303 of this title, and to file and prosecute applications under subsection (b) of section 4310 of this title; and he may revoke or renew such licenses from time to time, if he shall be of opinion that such grant or revocation or renewal shall be compatible with the safety of the United States and with the successful prosecution of the war; and he may make such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out the provisions of this chapter; and the President may exercise any power or authority conferred by this chapter through such officer or officers as he shall direct.

If the President shall have reasonable cause to believe that any act is about to be performed in violation of section 4303 of this title he shall have authority to order the postponement of the performance of such act for a period not exceeding ninety days, pending investigation of the facts by him.
(b) (1) During the time of war, the President may, through any agency that he may designate, and under such rules and regulations as he may prescribe, by means of instructions, licenses, or otherwise— (A) investigate, regulate, or prohibit, any transactions in foreign exchange, transfers of credit or payments between, by, through, or to any banking institution, and the importing, exporting, hoarding, melting, or earmarking of gold or silver coin or bullion, currency or securities, and (B) investigate, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States; and any property or interest of any foreign country or national thereof shall vest, when, as, and upon the terms, directed by the President, in such agency or person as may be designated from time to time by the President, and upon such terms and conditions as the President may prescribe such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes; and the President shall, in the manner hereinabove provided, require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in this subdivision either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of this subdivision, and in any case in which a report could be required, the President may, in the manner hereinabove provided, require the production, or if necessary to the national security or defense, the seizure, of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. (2) Any payment, conveyance, transfer, assignment, or delivery of property or interest therein, made to or for the account of the United States, or as otherwise directed, pursuant to this subdivision or any rule, regulation, instruction, or direction issued hereunder shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same; and no person shall be held liable in any court for or in respect to anything done or omitted in good faith in connection with the administration of, or in pursuance of and in reliance on, this subdivision, or any rule, regulation, instruction, or direction issued hereunder. (3) As used in this subdivision the term “United States” means the United States and any place subject to the jurisdiction thereof: Provided, however, That the foregoing shall not be construed as a limitation upon the power of the President, which is hereby conferred, to prescribe from time to time, definitions, not inconsistent with the purposes of this subdivision, for any or all of the terms used in this subdivision. As used in this subdivision the term “person” means an individual, partnership, association, or corporation. (4) The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly, the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 [1] of this title, or under section 4605 [1] of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18.

Former U.S. Secretary Of State Kerry Shares A Biden Administration Approach To Cuba- And Cuba Won't Like It

The Miami Herald
Miami, Florida
9 September 2020

Biden needs to fine-tune his message on Cuba the way John Kerry has | Opinion

By Andres Oppenheimer

As secretary of State, John Kerry, shaking hands with Raul Castro, oversaw the Obama administration’s normalization of relations with Cuba. Chip Somodevilla Getty Images

Democratic candidate Joe Biden desperately needs to correct his message to Miami’s Cuban-American voters if he wants to carry this crucial state on the Nov. 3. Some of his top campaign surrogates are beginning to do that — and he should waste no time in following their tune.

Until now, Biden and other former Obama administration officials had steadfastly defended the former president’s 2014 normalization of relations with Cuba. Biden has vowed to lift President Trump’s limits on travel and family remittances to the island, while continuing to defend human rights and pro-democracy activists on the island.

But it’s time for Biden to concede that Obama’s opening to Cuba was not as successful as it seemed when it was announced. Obama had vowed to open up economic ties with the island to help promote a vibrant private sector there while stepping up the pressure on Cuba’s dictatorship to respect basic freedoms. Obama did much of the first, but not enough of the second.

So I was pleasantly surprised when John Kerry, secretary of State under Obama, told me in a Sept. 4 interview that he’s somewhat disappointed with the Cuban regime’s response to Obama’s normalization of ties with Cuba.

Kerry, who is campaigning for Biden and is one of the former vice-president’s policy advisers, oversaw the Obama administration’s opening to Cuba six years ago. His admission carries extra weight.

“It’s fair to say that everybody shares a little bit of disappointment about the direction that the government in Cuba chose to go” after the normalization of U.S.-Cuba ties, Kerry told me. He added that, “Cuba seemed to harden down after the initial steps were taken.”

Kerry said that while almost six decades of U.S. trade sanctions on the island failed to bring about democratic changes, and Trump’s recent sanctions should be reversed, a Biden presidency would probably “re-invigorate” America’s human-rights policies on Cuba.

“I think the vice president, as president, will very much want to make it clear that human rights is at the forefront of American foreign policy, that Cuba will need to be called out on some of the human-rights abuses,” Kerry told me.

Granted, Kerry may have said that in an effort to improve Biden’s support among Cuban Americans. Trump currently holds a 38 percentage point lead among likely Cuban-American voters in Miami, according to a Bendixen & Amandi poll released Sept. 8 by the Miami Herald. A separate NBC poll shows Biden and Trump even in Florida, which makes Cuban-American votes a potentially deciding factor in the race’s outcome.

But regardless of whether Kerry’s remarks were part of a campaign strategy or not — for the record, I requested the interview with Kerry through the Biden campaign office — it would be the right policy for a Biden administration to follow.

The Miami Herald
Miami, Florida
29 October 2020

Biden also made direct appeals to Cubans and Venezuelans, many of whom live in South Florida after fleeing their countries. “We have to vote for a new Cuba policy as well,” Biden said. “Trump is the worst possible standard-bearer for democracy in places like Cuba, Venezuela, North Korea. Cuba is no closer to freedom and democracy today than it was four years ago. Trump loves to talk tough, but he doesn’t care about the Cuban and Venezuelan people. He won’t even grant Temporary Protected Status to Venezuelans fleeing the oppressive Maduro regime. I will, but we have to vote.”

The Hill
Washington DC
28 April 2020

“In large part, I would go back,” Biden said in an interview with a CBS affiliate in Miami. “I’d still insist they keep the commitments they said they would make when we, in fact, set the policy in place.”

EFE
Madrid, Spain
27 October 2020
Interview With Senator Kamala Harris (D- California)

CONTINUATION OF THE BLOCKADE TO CUBA

Q: What would a future government of yours and that of the Democratic candidate Joe Biden do to reverse the policies that Trump has adopted towards Cuba? Would you personally advocate for an end to the blockade?

A: The policy of a Biden and Harris Administration towards Cuba would be governed by two principles: first, Americans, especially Cuban-Americans, are the best ambassadors of freedom in Cuba. Second, empowering the Cuban people to determine their own future is vital to America's national security interests.

Trump is deporting hundreds of Cubans back to dictatorship and back to a regime crackdown that has only increased under his presidency. There are nearly 10,000 Cubans languishing in tent camps along the Mexican border due to Trump's anti-immigrant agenda. And it is separating Cuban families through restrictions on family visits and remittances.

We will backtrack on Trump's failed policies. And as he did previously as vice president, Joe Biden will also demand the release of political prisoners and will make human rights a centerpiece in the diplomatic relationship.

The embargo is the law; you need an act of Congress to lift it or you need the president to determine that a democratically elected government is in power in Cuba. We don't expect any of these things to happen anytime soon.

Q: From the US foreign policy perspective, what role do you think Spain can play in relations with Cuba and, in general, with Latin America?

A: Under a Biden and Harris Administration, the US will work with members of the international community, including Spain, to support the Cuban people, as well as promote Joe Biden's vision of the need to work for a safe hemisphere, middle class and democratic.

Washington, 27 oct (EFE).- Kamala Harris, que en solo una semana podría convertirse en la primera vicepresidenta de EE.UU., reconoció en una entrevista con Efe que romper barreras a veces duele y te hace sangrar, pero aseguró que siempre "valdrá la pena, todas y cada una de las veces".

Harris siente una gran responsabilidad para hablar con “voz firme” en nombre de aquellos que aún viven excluidos y prometió que si llega a la Casa Blanca luchará por la igualdad de "todos" los estadounidenses. En una entrevista por escrito con Efe, la senadora reflexionó sobre su carrera y la influencia de su madre y también reveló qué políticas adoptará una nueva Administración demócrata en asuntos como el asilo a refugiados centroamericanos y las relaciones con Cuba, España, la Unión Europea (UE) y la OTAN.

CONTINUACIÓN DEL BLOQUEO A CUBA

P: ¿Qué haría un futuro Gobierno suyo y del candidato demócrata Joe Biden para revertir las políticas que Trump ha adoptado hacia Cuba? ¿Abogaría usted personalmente por el fin del bloqueo?

R: La política de una Administración de Biden y Harris hacia Cuba estaría gobernada por dos principios: primero, los estadounidenses, especialmente los cubano-estadounidenses, son los mejores embajadores de la libertad en Cuba. Segundo, dar poder al pueblo cubano para que determine su propio futuro es vital para los intereses de seguridad nacional de EE.UU. Trump está deportando a cientos de cubanos de vuelta a la dictadura y de vuelta a una represión del régimen que solo ha aumentado bajo su Presidencia. Hay casi 10.000 cubanos que están languideciendo en campamentos de tiendas de campaña a lo largo de la frontera con México debido a la agenda antiinmigrante de Trump. Y está separando a familias cubanas mediante restricciones a las visitas familiares y las remesas. Nosotros daremos marcha atrás en las políticas fallidas de Trump. Y como hizo anteriormente como vicepresidente, Joe Biden, también exigirá la liberación de los presos políticos y hará de los derechos humanos una pieza central en la relación diplomática. El embargo es la ley; se necesita una ley del Congreso para levantarlo o se necesita que el presidente determine que un Gobierno elegido democráticamente está en el poder en Cuba. No esperamos que ninguna de estas cosas ocurra pronto.

P: Desde la perspectiva de política exterior de EE.UU., ¿qué papel cree que España puede jugar en las relaciones con Cuba y, en general, con Latinoamérica?

R: Bajo una Administración de Biden y Harris, EE.UU. trabajará con miembros de la comunidad internacional, incluida España, para apoyar al pueblo cubano, así como para promover la visión de Joe Biden sobre la necesidad de trabajar por un hemisferio seguro, de clase media y democrático.

China Companies Seek Dismissal Of Libertad Act Lawsuit: Court Lacks Personal Jurisdiction

NORTH AMERICAN SUGAR INDUSTRIES INC., V. XINJIANG GOLDWIND SCIENCE & TECHNOLOGY CO., LTD., GOLDWIND INTERNATIONAL HOLDINGS (HK) LTD., DSV AIR & SEA INC., BBC CHARTERING USA, LLC, and BBC CHARTERING SINGAPORE PTE LTD., [1:20-cv-22471; Southern Florida District].

Gibson, Dunn & Crutcher (plaintiff)
Mandel & Mandel (plaintiff
Morgan, Lewis & Bochius (defendant)
Akerman (defendant)
Hogan Lovells LLP (defendant)

LINK: BBS Chartering Defendant’s Motion To Dismiss The Complaint For Lack Of Personal Jurisdiction And Memorandum Of Law (31 August 2020)

LINK: Libertad Act Lawsuit Filing Statistics

Excerpts From 24-Page Filing: 

Plaintiff alleges that the BBC Defendants, as well as the other defendants, “trafficked” in “Confiscated Property” – that is, property owned by Plaintiff at the time the Cuban government confiscated it in 1959 and 1960 – in violation of the Cuban Liberty and Democratic Solidarity Act (LIBERTAD) Act, 22 U.S.C. § 6021 et seq. (the “Act”). The U.S. Foreign Claims Settlement Commission (“FCSC”) certified all of the Confiscated Property (consisting of a large variety of assets including farmland, livestock, crops, factories, equipment, railroads, etc.) as having a value of over $97 million as of 1959-1960 (Compl. Ex. 1). 

Plaintiff alleges that defendants trafficked in the Confiscated Property by their alleged involvement in the shipment on two vessels of equipment from China to Cuba (with a stop in Florida) and its unloading at a Cuban port known as Puerto Carupano, whose value (including “Docks, Warehouses and other installations”) was certified by the FCSC as having a value of $2,228,000 (Compl. Ex. 1 at 14). 

BBC USA is incorporated in and has its principal place of business in Texas (Compl. ¶ 23; Petersen Decl. ¶ 4). BBC USA does not have an office or any employees in Florida (Petersen Decl. ¶ 5). It is not registered to do business in Florida. 

Plaintiff makes one other allegation in an effort to “rope in” BBC USA. It alleges that the BBC Moonstone carried equipment – in addition to and entirely unrelated to the equipment delivered to Cuba – that was loaded on the vessel before the Cuba-bound equipment was loaded in Tianjin, China; that remained on the vessel when the Cuba-bound equipment was unloaded at Puerto Carupano; and that ultimately was delivered at Port Arthur, Texas “to BBC USA on behalf of [its] parent company BBC Chartering [BBC Logistic]” (Compl. ¶ 140). That unrelated equipment was not unloaded in Cuba and made no use of the Port there. 

Finally, Plaintiff repeatedly makes the incendiary allegation – evidently seeking to tie the BBC Defendants (and the other defendants) to these two voyages and Florida – that all defendants, including the BBC Defendants, deliberately hid and conspired to hide from U.S. authorities that Puerto Carupano in Cuba was the ultimate destination of the cargoes (e.g., Compl. ¶¶ 6, 150, 182, 241). 

BBC Singapore is incorporated in and has its principal place of business in Singapore (Compl. ¶ 23; Schoennmann Decl. ¶ 4). It, like BBC USA, does not have an office or any employees in Florida (id. ¶ 5), and is not registered to do business in Florida (see page 2 n.1 above). 

A court’s analysis of whether it may exercise personal jurisdiction over a nonresident defendant under Florida law involves two steps. First, the court must determine whether its exercise of personal jurisdiction is appropriate under Florida’s long-arm statute, § 48.193 Fla. Stat.; and second, if the long-arm statute is satisfied, the court must determine whether the exercise of personal jurisdiction would violate the Due Process Clause. United Techs., 556 F.3d at 1274; see also Peruyero v. Airbus S.A.S., 83 F. Supp. 3d 1283, 1290 (S.D. Fla. 2014) (Cooke, J.) (same) (applying § 47.16 Fla. Stat., the predecessor of § 48.193 Fla. Stat.).  

The Court may not exercise general personal jurisdiction over either BBC Defendant because neither is incorporated or has it principal place of business in Florida. The complaint does not allege, nor can it allege, any exceptional circumstances in this case for departing from well-established Supreme Court precedent that, barring exceptional circumstances, general jurisdiction over a corporation exists only where the corporation is incorporated or has its principal place of business. 

25 June 2020: Could Be Politically-Charged: Wind Turbine Company Sued Using Libertad Act By U.S. Company- Case Involves Cuba, China, Hong Kong, Singapore, Florida, Texas, New Jersey, New York

Is Oil From Venezuela Essential To Prevent "Failed State" In Cuba? What Are Cuba's Options

The U.S.-Cuba Trade and Economic Council submitted three (3) questions to Mr. Jorge R. Piñon, Director- Latin America and Caribbean Energy and Environmental Program at the Center for International Energy and Environmental Policy At the University of Texas at Austin Jackson School of Geosciences  

Q. Is there a possibility for a “failed state” scenario in the Republic of Cuba because of the collapse of the Maduro Administration? 

Yes.

Cuba’s current oil demand is approximately 110,000 to 112,000 barrels per day.  Cuba produces approximately 42,000 barrels per day of heavy crude oil which is used as fuel for the electric power and industrial sectors. 

The Island does not have a plan ‘B’, an insurance policy providing it with the approximately US$1 billion required (at current pricing) to replace its oil deficit of approximately 68,000 barrels per day which represents approximately 60% of its daily oil demand. 

In 2020, Venezuela has delivered to Cuba approximately 62,000 barrels per day of crude oil and petroleum products (primarily fuel oil and diesel).  Algeria also provides Cuba with approximately 3,500 barrels per day of oil as barter for ophthalmology services and a pharmaceutical join venture. 

Q. What other country besides Venezuela has the oil export capacity and/or financial wherewithal to supply annually the Republic of Cuba with US$1 billion of oil at no cost or with substantial long-term credit terms?   

Algeria, Angola, China, Iran, or Russia are doubtful...long term.   

Cuba can attempt, again, to increase domestic production.  In 2012, this was tried and failed.  Any meaningful source located would require five to seven years to bring online. 

Cuba could redirect US$1 billion from its own revenues and purchase 60,000 barrels per day in the international marketplace.  Does Cuba have US$1 billion to redirect?  Most economists believe they do not. 

Cuba could continue to lessen imports (including food), ration fuels, and ration electricity which would risk social discontent.  Most economists believe this to be the likely first adopted option. 

Critical for Cuba is to keep the lights on.  Approximately 62% of imported fuel is used in the electric power sector- particularly for the tourism sector where facilities must have consistent flows and the use of air conditioning is constant.  The [Miguel] Diaz-Canel Administration has already begun preparing the population for issues with the electrical grid by warning about increases in electricity consumption.   

Approximately 24% of imported fuel is diesel for commercial transport and for electricity. 

Gasoline is approximately 4% of total demand.  Approximately 4%, but an important percentage, is Liquified Petroleum Gas (LPG) used by most of the population for cooking fuel.   

We estimate Cuba has approximately 45 days of primary and secondary storage for crude oil and refined products.  It would require months to negotiate and implement an agreement or agreements with a third country(s) to supply oil.  Adding to the challenge would be the addition of thirty to thirty-five days for product to arrive to Cuba from the Mediterranean Sea or Black Sea.  Currently, oil arrives from Venezuela in five to six days. 

Q. What could the Trump Administration or a Biden Administration provide to the Republic of Cuba to prevent or constrain a “failed state” ninety-three miles from Key West, Florida? 

The United States does not have a national oil company.  It does, however, have approximately 700 million barrels of crude oil in its Strategic Petroleum Reserves (SPR) located in salt caverns in Louisiana and Texas, each approximately five days sailing from Cuba.  The United States could use a “time trade.”  This is not a sale, as a sale would require approval by the United States Congress.   

In a “time trade” the SPR would supply oil to international oil companies and/or oil trading companies to supply Cuba to be returned on a set schedule (for example five years).  However, a “time trade” is quite aspirational due to questions about who would purchase the oil- US$1 billion to be returned later to the SPR?

LINK TO PDF OF POST

U.S. Ag/Food Exports To Cuba Decrease 48.9% In 2020 Compared To 2019; July 2020 Down 58.9%

ECONOMIC EYE ON CUBA©
September 2020

July 2020 Food/Ag Exports To Cuba Decrease 58.9%- 1
60th In July 2020 Of 223 U.S. Food/Ag Export Markets- 2
Year-To-Year Exports Decrease 48.9%- 2
Cuba Ranks 60th Of 223 Ag/Food Export Markets- 2
July 2020 Healthcare Product Exports US$0.00- 2
July 2020 Humanitarian Donations US$1,397,125.00- 3
Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 16

JULY 2020 FOOD/AG EXPORTS TO CUBA DECREASE 58.9%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in July 2020 were US$12,809,286.00 compared to US$31,176,621.00 in July 2019 and US$15,569,938.00 in July 2018.

Agricultural commodity and food product exports from the United States to the Republic of Cuba thus far in 2020 are US$95,045,548.00 compared to US$186,114,476.00 in 2019, representing a decrease of 48.9%.

Since December 2001, agricultural commodity and food product exports from the United States to the Republic of Cuba is US$6,227,918,244.00.

This report contains 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 Complete Report

Plaintiff Files Appeal Against Expedia In Libertad Act Lawsuit

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC. Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., 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; 20-12407 11th Circuit Court Of Appeals]

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

Appellant’s Initial Brief (2 September 2020)

Excerpts:

SUMMARY OF THE ARGUMENT

The district court erred for the following reasons:

First, it was error to refuse to exercise personal jurisdiction over appellees under Fla. Stat. § 48.193(1)(a)(1) or § 48.193(1)(a)(2), because the order ignored the complaint’s well-pleaded allegations of factors the order itself cited as relevant to personal jurisdiction, mischaracterized what it said had been alleged, and disregarded extensive authority in and out of this Circuit demonstrating the correctness of personal jurisdiction in similar circumstances. The order’s failure to note, let alone credit, those allegations and authorities compels reversal.

Second, it was an abuse of discretion to dismiss the complaint in an order barring any motion for leave to amend, on the first motion to dismiss that was briefed and submitted for decision, during a worldwide pandemic and unprecedented lockdown, with initial discovery pending. The order on appeal improperly assumed that investigating the claim could have easily been done during the confusion and dislocation of the pandemic and lockdown, which frustrated efforts to investigate and conduct discovery as to any allegations in any case. Further, the order’s makeweight footnote, which “noted” in dicta (with no analysis) that amendment would be “futile” for one of the appellants, and “possibly” for another, never could have supported dismissal of the complaint as a matter of law, much less a dismissal without leave to amend, because there are three plaintiff/appellants, not two.

Third, it was an abuse of discretion to deny appellants’ request to wait for jurisdictional discovery that would have indisputably confirmed all jurisdictional allegations (as it has in three related cases). The order on appeal addressed the very first motion to dismiss that was briefed and submitted for decision in this case, during the dislocation of a worldwide pandemic and unprecedented lockdown, while initial discovery requests were pending. It was an abuse of discretion to punish appellees for “failing” to do what couldn’t reasonably have been done.

In sum, the complaint was legally sufficient, the order’s dismissal was error, and even if that were not so, any dismissal should have been with leave to amend.

Plaintiff Files Appeal Against Carnival Corporation In Libertad Act Lawsuit; Seeking US$12 Million

JAVIER GARCIA-BENGOCHEA V. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINE, A FOREIGN CORPORATION [1:19-cv-21725 Southern Florida District; 20-12960 11th Circuit Court Of Appeals]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Creed & Gowdy (plaintiff- appellate)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)

Civil Appeal Statement (18 August 2020)

Excerpts:

Issues proposed to be raised on appeal, including jurisdictional challenges: Whether the Helms-Burton Act provides no remedy to U.S. nationals who, after March 12, 1996, inherited property confiscated by the Castro regime before March 12, 1996?

Is there any case now pending or about to be brought before this court or any other court or administrative agency that (a) Arises from substantially the same case or controversy as this appeal? NO (b) Involves an issue that is substantially the same, similar, or related to an issue in this appeal? YES

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)

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC. Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., 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; 20-12407 11th Circuit Court Of Appeals]

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

Plaintiff Files Second Amended Complaint Against Pernod Ricard In Libertad Act Lawuit

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

IPS Legal Group, P.A. (plaintiff)
Law Offices of Andre G. Raikhelson LLC (plaintiff)
Ainsworth & Clancy PLLC (plaintiff)
Carlton Fields P.A. (defendant)
Carlton Fields Jorden Burt, P.A. (defendant)

Second Amended Complaint For Damages (31 August 2020)
Exhibit 1 (31 August 2020)
Exhibit 2 (31 August 2020)

Excerpts:

9. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question jurisdiction), because Plaintiffs’ claims arises under 22 U.S.C. § 6021, et seq., and the amount in controversy exceeds the sum or value of $50,000, exclusive of interest, costs, and attorneys’ fees.

10. This Court has personal jurisdiction over Defendant under Fla. Stat. § 48.193(1)(a)(1), 48.193(1)(a)(2), 48.193(1)(a)(6)(a) and 48.193(2) because it maintains and carries on continuous and systematic contacts with Florida, regularly transacts business within Florida, regularly avails itself of the benefits of its presence in Florida.

11. Venue is proper in this District under 28 U.S.C. § 1391(a)(l), because Defendant reside or are deemed to reside in the Southern District of Florida under 28 U.S.C. §§ 1391(c)(2) and (d).

Oak barrels used in the distillery industry have a sustainable life of 100 years of aging production. As commonly known in the distillery industry, oak barrels are re-used time and time again to age spirits.

22. The Havana Club rum, aged to perfection in oak barrels seized by the Cuban Government, was then sold nationally and internationally by the Cuban Government, by and through Cuba Ron, S.A. Upon information and belief, Havana Club rum continues to be aged in the seized barrels which continues to be sold internationally by and through Cuba Ron, S.A. and Defendant.

23. Fernando Tomas Cueto Sanchez passed away on December 8, 1979. At the time of his death, his assets, including rightful ownership to Conac Cueto and the Subject Property, passed from Fernando Tomas Cueto Sanchez to Plaintiff Alvarez through intestate inheritance. The Cueto family believed that Conac Cueto and the Subject Property would eventually pass from Plaintiff Alvarez to Plaintiff Cueto through gift or inheritance. When Plaintiff Cueto reached the age of majority, Plaintiff Alvarez gifted Plaintiff Cueto with 100% ownership interest in Conac Cueto and the Subject Property on September 2, 1986.

As a publicly traded company, and in the exercise of corporate due diligence, Defendant knew or should have known that Havana Club and all associated assets of the Cuban Government were systematically seized by Cuban nationals in the 1950s and 1960s and subsequently nationalized by the Cuban Government.

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