Teck Resources Of Canada Libertad Act Lawsuit Update: Plaintiff Says Its Canadian Company And Court Has No Jurisdiction

HEREDEROS DE ROBERTO GOMEZ CABRERA, LLC v. TECK RESOURCES LIMITED [1:20-cv-21630; Southern Florida District]

Hirzel Dreyfuss & Dempsey, PLLC (plaintiff)
Roig & Villarreal, P.A. (plaintiff)
Law Office of David A. Villarreal, P.A. (plaintiff)
Pillsbury Winthrop Shaw Pittman (defendant)

LINK: Defendant Tech Resources Limited’s Motion To Dismiss Plaintiff’s Amended Complaint And Memorandum Of Law (9/15/20)

Excerpts:
This is one of many claims recently brought in this District under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 22 U.S.C. § 6021, et seq. (the “Helms-Burton Act” or “Act”). For at least four separate and independent reasons, the Amended Complaint should be dismissed.

First, this Court lacks personal jurisdiction over Defendant Teck, a Canadian corporation with its principal place of business in Canada. Teck has no jurisdictionally relevant contacts of any kind with the State of Florida, and the Amended Complaint fails to plead that it does.

Second, even if there were some cognizable basis to exercise jurisdiction over Teck, the Amended Complaint should still be dismissed for failure to state a claim upon which relief can be granted. The Amended Complaint alleges that Teck is liable for having “trafficked” in various mining properties in Cuba confiscated by the Cuban government, without compensation, in October 1960. However, according to the Amended Complaint, those mining properties were owned by a corporation named Minera Rogoca S.A. (“Minera Rogoca”). Am. Compl. ¶¶ 3, 8, 11. Putting to one side whether there can be any claim at all under U.S. law for the confiscation of real and personal property in Cuba by the Cuban government from a Cuban corporation, such claim would belong to Minera Rogoca, not HRGC or its alleged predecessors in interest.

Third, HRGC cannot possibly be a proper plaintiff here. It appears from the records of the Florida Secretary of State that “Herederos de Roberto Gomez Cabrera, LLC” is not even a validly formed entity under Florida, or any other, law.2 Even if it were, as this Court recently held in Gonzalez v. Amazon.com, Inc., No. 19-23988-Civ-Scola, 2020 WL 1169125, at *1 (S.D. Fla. March 11, 2020), for property confiscated before March 12, 1996, only a U.S. national that acquired ownership of the claim before that date can pursue a claim under the Helms-Burton Act. No such allegation is, or could be, made here.

Fourth, HRGC’s alleged claim fails to meet the requirements of the statute and of international law. A claim under the Helms-Burton Act can only be asserted if the property was confiscated from a U.S. national, which is not, and is not alleged to be, the case here. On the other hand, if Mr. Gomez Cabrera had been a U.S. national at the time of the alleged confiscation, then he (or presumably his heirs) would have been eligible to file a claim with the United States Foreign Claims Settlement Commission, established under 22 U.S.C. §§ 1621, et seq. (the “FCSC”). No such claim was ever filed, either byMinera Rogoca or Mr. Gomez Cabrera, or by any U.S. national claiming ownership through either of them. The failure to make a claim before the FCSC by one eligible to do so forecloses a claim under the Helms-Burton Act, pursuant to 22 U.S.C. §6082(a)(5)(A). For these reasons, the Amended Complaint should be dismissed.

Pernod Ricard Libertad Lawsuit Update: Plaintiff Wants Discovery

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)

Plaintiff's Response In Opposition To Defendant's Motion To Dismiss The Second Amended Complaint (10/9/20)

Declaration Of Miriam Iglesias Alvarez (10/9/20)

Declaration Of Marlene Cueto Iglesias (10/9/20)

Declaration Of Justin Boyd In Support Of Plaintiff Response To Defendant's Motion To Dismiss Second Amended Complaint (10/9/20)

LINK: Plaintiffs’ Reply To Defendant’ss Memorandum Of Law In Opppsition To Plaintiffs’ Renewed Motion For Leave To Conduct Limited Jurisdictional Discovery (10/5/20)

Excerpts:

Defendant Pernod Ricard (“Defendant”) contends that the length of Plaintiffs Renewed Motion for Limited Jurisdictional Discovery is somehow indicative of the validity of Plaintiffs request to conduct discovery. While the substantive issues in this case are complex, Plaintiffs request before the Court is straightforward and does not require a twenty-page brief to reach the conclusion that jurisdictional discovery is warranted. The Eleventh Circuit has held that the court’s power to allow jurisdictional discovery “is not entirely discretionary.”

Defendant’s arguments in opposition to Plaintiffs’ request for jurisdictional discovery are premature. Notwithstanding Plaintiffs’ contention that limited jurisdictional discovery would reveal that Defendant would be subject to personal jurisdiction in this Court, Plaintiffs have not propounded discovery to Defendant. Defendant cannot make specific objections to discovery requests that is has not received. Accordingly, the Court should disregard Defendant’s arguments as untimely.

American Airlines Libertad Act Lawsuit Update: Plaintiff Wants Discovery; Defendant Wants To Wait

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

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

LINK: Joint Status Report (10/1/20)

U.S. Ag/Food Exports To Cuba Decrease 52% In August; Decline 49.4% Year-To-Year

ECONOMIC EYE ON CUBA©
October 2020

August 2020 Food/Ag Exports To Cuba Decrease 52%- 1
58th Of 224 August U.S. Food/Ag Export Markets- 2
Year-To-Year Exports Decrease 49.4%- 2
Cuba Ranks 59th Of 224 Ag/Food Export Markets- 2
August 2020 Healthcare Product Exports US$204,486.00- 2
August 2020 Humanitarian Donations US$352,821.00- 3
Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 16

AUGUST 2020 FOOD/AG EXPORTS TO CUBA DECREASE 52%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in August 2020 were US$15,099,435.00 compared to US$31,724,133.00 in August 2019 and US$15,322,008.00 in August 2018.

Agricultural commodity and food product exports from the United States to the Republic of Cuba thus far in 2020 are US$110,144,983.00 compared to US$217,838,615.00 in 2019, representing a decrease of 49.4%.

Since December 2001, agricultural commodity and food product exports from the United States to the Republic of Cuba is US$6,243,017,679.00.

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.

Complete Report In PDF Format

London-Based Imperial Brands, WWP (And U.S.-Based Subsidiaries Y&R And Burson Cohn Wolfe), Havana-Based Habanos Sued Using Libertad Act: EU Asked To Respond

The defendants: Bristol, United Kingdom-based Imperial Brands (2019 revenues approximately US$36 billion); Havana, Republic of Cuba-based Corporacion Habanos S.A. (2019 revenues approximately US$531 million); London, United Kingdom-based WWP PLC (2019 revenues approximately US$13 billion) and two of its United States subsidiaries: New York, New York-based Burson Cohn Wolfe (2019 revenues approximately US$691 million) and New York, New York-based Young & Rubicam LLC (2019 revenues approximately US$556 million)

LUIS MANUEL RODRIGUEZ, MARIA TERESA RODRIGUEZ, a/k/a MARIA TERESA LANDA, ALFREDO RAMON FORNS, RAMON ALBERTO RODRIGUEZ, RAUL LORENZO RODRIGUEZ, CHRISTINA CONROY, and FRANCISCO RAMON RODRIGUEZ, Plaintiffs, v. IMPERIAL BRANDS PLC, CORPORACIÓN HABANOS, S.A., WPP PLC, YOUNG & RUBICAM LLC, and BCW LLC, a/k/a BURSON COHN & WOLFE LLC [1:20-cv-23287; Southern Florida District].

Berenthal & Associates (plaintiff)
Rodriguez Tramont & Nunez (plaintiff)
Nelson Mullins (defendant)
Allen & Overy (defendant)
Wilmer Cutler Pickering Hale and Dorr (defendant)
Broad & Cassel (defendant)
Akerman (defendant)

Filing Links
Complaint (6 August 2020)
Defendant Imperial Brands PLC’s Opposition To Motion To Strike The Declaration Of Andrew Rhys Davies
Defendant Imperial Brands PLC’s Motion For A Limited Stay
Reply In Further Support Of Defendant Imperial Brands PLC’s Motion For A Limited Stay
Order Denying Motion To Vacate Stay
EU Template For Applications For Authorizations

Excerpts From Complaint

After taking control of power in 1959, the Castro Regime and Cuba’s communist government systematically “nationalized” the major privately-owned business enterprises in Cuba without compensation to the lawful owners of the property. In 1961, as part of its takeover of the entire tobacco industry, the Castro government confiscated ownership of RRHSC and the RRHSC Property. Before the RRHSC Property was confiscated, the Partagás Factory produced world renowned cigarettes under the Partagás brand and had grown to become the third largest manufacturer of cigarettes in Cuba with a 16.3% share of the market.

In 2007, Defendant Imperial Brands PLC (“Imperial”), well-aware of the Liberty Act, purchased Altadis S.A. and its “50% ownership interest in [Habanos], a company which distributes cigars manufactured in Cuba.”7 Corporacion Habanos S.A. (“Habanos”) is a joint venture company 50% owned by Cuba, or one or more Cuban-owned companies, and 50% owned by Imperial.

Imperial and its partner Tabacuba, together with the subsidiaries they own and control, have expanded their use of and benefit from the RRHSC Property by retaining agents to market and publicize the products produced at the confiscated RRHSC Property. The agents retained by Imperial and Habanos include Defendant WPP PLC (“WPP”) through its U.S-based advertising agency subsidiaries, Defendants Young & Rubicam LLC (“Y&R”), and BCW LLC, a/k/a Burson Cohn & Wolfe LLC (“BCW”).

9. Beginning no later than 2017, Y&R and BCW assisted in setting up, or directly set up, sponsored official “portals” for Imperial to market Habanos products on the U.S.-based social media platforms Twitter, YouTube, and Instagram.

10. Imperial’s agent, WPP, through Y&R, BCW, and previously through a third WPP subsidiary, Ogilvy, has continuously marketed and publicized the RRHSC Property and the Habanos’ products made at and shipped from there since at least 2010.

EC Now Has To Decide What It Perhaps Doesn’t Want To Decide- Iberostar Of Spain Libertad Act Lawsuit Is First To Report U.S. Court Recognizing EC’s Interest In Title III Lawsuits
April 26, 2020

For the first time, a Libertad Act lawsuit has a transnational dimension because of a decision by a judge of a United States District Court to recognize the appropriateness of international comity- the principle that United States courts should recognize a foreign country’s sovereign interests in matters before it. Mr. Hermenegildo, Altozano, attorney with Madrid, Spain-based Bird & Bird, informed the court that “On April 15, 2020, I filed an Application for Authorisation under Article 5 paragraph 2 of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, on behalf of the Spanish company Iberostar Hoteles y Apartamentos S.L.U. ("Iberostar").”

Imperial Brands PLC agrees sale of Worldwide Premium Cigar Business for €1,225 million with proceeds to be used to reduce debt (8 October 2020)

Imperial Brands PLC (“Imperial”) is pleased to announce it has agreed the sale of its worldwide premium cigar businesses (“Premium Cigars”) to investment consortia of individual investors in two distinct transactions for a total consideration of €1,225 million (£1,074 million), which represents a multiple of 11.8x FY19 EBITDA on a standalone basis. The disposal reinforces Imperial’s focus on simplifying its business and realising value for shareholders. The sale multiple recognises the luxury nature of the businesses’ products and their international growth profile. After adjusting for tax and other costs, the disposals are expected to realise net cash proceeds of around €1,094 million (£958 million). The proceeds will be used for debt reduction and will reduce September 2019 pro-forma net debt to EBITDA leverage by c 0.2 times.

Joint Interim Chief Executives Dominic Brisby and Joerg Biebernick said: “We are delighted to be able to announce the sale of Premium Cigars in the current challenging global environment. It has been a complex transaction involving joint venture partners and assets across multiple geographies and we would like to thank everyone involved for working so hard to get the deal agreed.”

“This disposal reinforces our strategic ambition of becoming a leaner and more agile organisation and the proceeds will realise value for shareholders by reducing debt as part of our ongoing focus on active capital management.”

“We believe we have found the right long-term owners for Premium Cigars; they are committed to investing in the business to maximise future growth opportunities and are well positioned to further develop operations internationally.” The sale will take place in two transactions documented under two sale agreements: one for the USA business (“Premium Cigar USA”); and another for the Rest of the World business (“Premium Cigar RoW”). In respect of the transactions:

Gemstone Investment Holding Ltd will acquire Premium Cigar USA for a total consideration of €185 million (£162 million). This transaction is subject to the fulfilment of certain conditions, including customary antitrust and other regulatory clearances. Allied Cigar Corporation, S.L will acquire Premium Cigar RoW for a total consideration of €1,040 million (£912 million). This transaction is subject to the fulfilment of certain conditions, including customary antitrust and other regulatory clearances. The transactions are expected to close in the third quarter of calendar year 2020. The Premium Cigar RoW transaction includes the sale of the Dominican Republic handmade premium cigar factory which is expected to close in 2021.

Of the Premium Cigar RoW transaction consideration, €88 million (£77 million) will be deferred for 12 months from close and €69 million (£61 million) will be deferred and contingent upon transfer of the Dominican Republic factory. The Premium Cigar business contributed £80 million of profit before tax in the year to 30 September 2019. The business comprises assets that are wholly owned as well as investments in a number of joint ventures, which results in a different accounting treatment for the two asset types: The wholly owned assets represented £226 million of net revenue and £30 million of adjusted operating profit of the Africa, Asia and Australasia division for the year to 30 September 2019. Our investments in the Premium Cigar joint ventures are accounted for using the equity method and our share of the profit after tax is £50 million for the year to 30 September 2019.

Pro-forma earnings dilution in the financial year to 30 September 2019 is around 6 pence per share*. As at 30 September 2019, the gross assets of Premium Cigars were £1,287 million and net assets were £1,111 million. An update on asset values and expected adjustments to foreign exchange reserves resulting from the transaction will be provided on publication of Imperial’s interim results for the 6 months to 31 March 2020.

Imperial is being advised by AZ Capital on the agreed sales of Premium Cigar USA and Premium Cigar RoW.

*Earnings dilution calculation based on FY19 reported results & assumes 100% of proceeds are used to reduce debt, reducing the need for further financing in the short term, based on an implied equivalent coupon of 2.75% in the current volatile market conditions.

Background on Premium Cigars: The business comprises assets purchased as part of Imperial’s acquisition of Altadis in 2008, and the disposal consists of two transaction perimeters:

Premium Cigar US

Tabacalera USA, which is responsible for the business’ premium cigar operations in the US, the world’s largest premium cigar market, including: The assets and other property of Altadis USA, which is responsible for the distribution of premium cigars in the US; Leading online retail platforms, including JR Cigar, cigar.com and Serious Cigars; A specialist brick-and-mortar retailer, Casa de Montecristo, with 28 stores across the USA.

Premium Cigar RoW: Cuban premium cigar interests, including: A 50 per cent stake in Habanos S.A., which exports hand-made cigars from Cuba and is responsible for international marketing activities. Habanos products include world-renowned Cuban brands such as Cohiba, Montecristo and Romeo y Julieta; A 50 per cent stake in Altabana S.L., which is responsible for the distribution of Cuban cigars worldwide through its network of over 20 subsidiary distributors; A 50 per cent stake in Internacional Cubana de Tabaco, S.A., which is responsible for the manufacturing of Cuban premium machine-made cigars; A 50 per cent stake in Promotora de Cigarros, S.L., which manages the distribution of the Cuban premium machine-made cigar portfolio worldwide; Other sales of premium cigar products through Tabacalera SA including:
o Exclusive distribution of Cuban handmade cigars in Spain; Non-Cuban premium handmade cigar sales operations outside the US, including Vegafina, the bestselling non-Cuban brand outside the US.

Premium cigar manufacturing facilities in Honduras and Dominican Republic. The Dominican Republic factory manufactures both mass market cigars and premium cigars and will be physically separated to enable the sale of the premium cigar facilities. All employees, other than those involved with mass market cigars in the Dominican Republic factory, will transfer to the new owner Allied Cigar Corporation, S.L.

Updated Libertad Act Lawsuit Statistics- 28 Filings; 59+ Law Firms; 176+ Attorneys; 9,500 Documents; US$5+ Million In Billable Hours

The Trump Administration on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).  

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

29 Lawsuits Filed (11 Certified Claimants & 18 Non-Certified Claimants)

3 Of The Dismissed Lawsuits At Court Of Appeals 

US$183,849.00+ Court Filing Fees (not including attorney court appearance fees)

65+ Law Firms

189+ Attorneys

10,000+ Filed Court Documents

US$5+ Million Law Firm Billable Hours (estimated 85% by defendants)

14 Countries Impacted

113 Plaintiffs (some in multiple cases) 

4 Class Action Requests

58 Defendants (including corporate parent, subsidiaries; some sued in multiple lawsuits)

22 United States Defendants (not including subsidiaries)

6 Republic of Cuba Initial Defendants (three remaining)

27 Non-United States Defendants

8 European Union-Based Defendants

5 Companies Notified As Potential Defendants   

Lawsuits filed in United States District Courts in Southern Florida (23), Washington DC (1), Western Washington State (1), Nevada (1), Southern District New York (1), Northern Texas (1) and Delaware (2).  Some cases have been transferred and some cases have been consolidated; one dismissed by Plaintiff.  

65 Law firms retained by plaintiffs/defendants: Ainsworth & Clancy; Allen & Overy; Astigarraga Davis Mullins & Grossman; Akerman; Andrews & Springer; Arent Fox; Aronovitz Law; Baker & McKenzie; Ballard Spahr; Berenthal & Associates; Berliner Corcoran & Rowe; Bird & Bird; Boies Schiller Flexner; Bracewell; Broad & Cassel; Carlton Fields; Carlton Fields Jorden Burt; Coffey Burlington; Cleary Gottlieb Steen & Hamilton; Colson Hicks Eidson; Creed & Gowdy; Cueto Law Group; Duane Morris, Dubbin & Kravetz; Ewusiak Law; Gibson, Dunn & Crutcher; Hirzel Dreyfuss and Dempsey; Hogan Lovells; Holland & Knight; IPS Legal Group; Jones Day; Jones Walker; Kantrowitz, Goldhamer, & Graifman; Kelly Hart & Hallman; Kozyak Tropin & Throckmorton; Law Office of Andre G. Raikhelson; Law Office of Alexander Villarreal; Law Offices of Paul Sack; Law Offices of Robert L. Muse; Mandel & Mandel; Manuel Vazquez PA; MoloLamken; Margol & Margol; Mayer Brown; Morgan, Lewis & Bockius; Morris Nichols Arsht & Tunnell; Nelson Mullins; Pacifica Law Group; Potter Anderson & Corroon; Rabinowitz, Boudin, Standard, Krinsky & Lieberman; Reed Smith; Reid Collins & Tsai; Rice Reuther Sullivan & Carroll; Rivero Mestre; Rodriguez Tramont & Nunez; Roig & Villarreal; Rosenthal, Monhait & Goddess; Scott Douglass & McConnico; Sidley Austin; Steptoe & Johnson; Venable; Wicker Smith O’Hara McCoy & Ford; Young, Conaway, Stargatt & Taylor; Walden, Macht & Haran; Wilmer Cutler Pickering Hale and Dorr; Zumpano Patricios.

Countries impacted: Canada, Chile, China, France, Germany, Netherlands, Panama, Republic of Cuba, Singapore, Spain, Switzerland, Thailand, United Kingdom, United States. 

Certified Claimant Participation: Of the 5,913 claimants certified by the United States Foreign Claims Settlement Commission (USFCSC), these (original claim value in parenthesis) have filed Libertad Act lawsuits: 2nd largest certified claimant North American Sugar (US$97,373,414.72); 9th largest certified claimant Exxon Mobil Corporation (US$71,611,002.90 and US$173,157.12); 31st largest certified claimant Havana Docks Corporation (US$9,179,700.08); 38th largest certified claimant Helen Claflin (US$7,508,689.96); 73rd largest certified claimant Mary Rentschler (US$2,929,577.88); 182nd largest certified claimant William Claflin (US$623,674.31); 183rd largest certified claimant Anne Allen (US$623,674.00);  88th largest certified claimant Julies Shepard (US$2,033,959.17); 195th largest certified claimant Javier Garcia-Bengochea (US$547,365.24); 3,954th largest certified claimant John Weeks (US$3,114.00).

LINK To Complete Statistics In PDF Format

LafargeHolcim Of Switzerland Sued For US$270+ Million By Certified Claimant In Libertad Act Lawsuit

WILLIAM H. CLAFLIN, IV; JOSEPHINE C. HORAN; PATRICIA M. CLAFLIN; EDWARD A. CLAFLIN; ELAINE Y. ALEXANDER; JOHN K. SPRING, JR.; HELEN S. MONTERO; WILLIAM C. SPRING; SUSAN K. SPRING; DAVID G. WITTER; MALCOLM G. WITTER; DEAN WITTER III; HELEN C. WITTER; KATHARINE C. WEEKS; KATHARINE W. WHITE; MARTHA W. SINCLAIR; JOHN W. WEEKS JR.; DAVID C. WEEKS; SINCLAIR WEEKS; STEPHEN D. WEEKS; ROBERT F. WEEKS; ESTATE OF ANNE C. ALLEN; ESTATE OF HELEN C. SPRING; ESTATE OF JOHN W. WEEKS; and ESTATE OF PRENTICE W. CLAFLIN V. LAFARGEHOLCIM LTD; INVERSIONES IBERSUIZAS S.A.; HOLCIM TRADING SA (F/K/A) UNION MARITIMA INTERNACIONAL SA; DE RUITER OUDERLANDE B.V.; LAS PAILAS DE CEMENTO S.A.U.; and UNKNOWN SUBSIDIARY OF THE LAFARGEHOLCIM GROUP [1:20-cv-23787; Southern Florida District].

Berliner Corcoran & Rowe LLP (plaintiff)

Roig Lawyers (plaintiff)

LINKS To:

Complaint (9/11/2020)

USFCSC

Summons

Summons

Summons

Summons

Summons

Civil Cover Sheet

Excerpts From Complaint

Plaintiffs bring this action to recover treble damages, interest, costs, and attorneys’ fees under the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, codified at 22 U.S.C. § 6021, et seq. (the “Helms-Burton Act”) against Defendants LafargeHolcim, De Ruiter, Las Pailas, and the Unknown Subsidiary for trafficking in property which was confiscated by the Cuban Government on or after January 1, 1959 and as to which Plaintiffs own 100% of the claims as certified by the Foreign Claims Settlement Commission (“FCSC”).

Cuba converted the Confiscated Soledad Property into the Carlos Marx cement plant, which utilizes and benefits from the Confiscated Soledad Property, including its rivers, railroads, limestone, and other infrastructure.

11. Defendants used a complex web of shell entities and transactions designed, until very recently, to conceal the fact that LafargeHolcim has partially owned and operated and profited from the Carlos Marx cement plant in partnership with the Cuban government since 2000.

Plaintiffs, who now own the FCSC Certified Claims to the Confiscated Soledad Property, seek treble money damages, interest, costs, and attorneys’ fees against certain Defendants for trafficking in the Confiscated Soledad Property as defined by the Helms-Burton Act.

The clear and convincing evidence demonstrates that the current fair market value of the Confiscated Soledad Property is greater than the amount of the FCSC Certified Claims plus interest. Therefore, Plaintiffs are entitled to recover the current fair market value of the property, which is estimated to be $270 million, plus attorneys’ fees, interest, and costs.

In fact, in 2000, prior to LafargeHolcim’s (then known as Holderbank) investment in Cuba, LafargeHolcim sought legal advice from a U.S. law firm about the effect of the Helms-Burton Act and the FCSC Certified Claims on its then potential investment in, modernization of, and management of the Carlos Marx cement plant. LafargeHolcim’s U.S. law firm advised that investing in the cement plant without obtaining the authorization of the persons holding the FCSC Certified Claims would subject it to liability under the Helms-Burton Act. The U.S. law firm also advised LafargeHolcim that LafargeHolcim should not try to conceal its trafficking through the use of various corporate structures, for any such attempted concealment would not avoid said liability.

21. Contrary to its U.S. law firm’s advice, LafargeHolcim proceeded to traffic, knowingly and intentionally, in the Confiscated Soledad Property by affiliating with, using, and conspiring with the other Defendants to create and maintain a complex web of corporate structures, shell companies, and alliances designed to conceal, until recently, LafargeHolcim’s investment in and trafficking in the Confiscated Soledad Property.

22. Since 2000, LafargeHolcim has trafficked, knowingly and intentionally, in the Confiscated Soledad Property, seemingly confident that it would not be held accountable for its trafficking in any U.S. court. But LafargeHolcim has purposefully availed itself and sought the protection of the U.S. legal system, even as it took active steps to evade that system, including by filing a civil complaint in federal court and admitting on the record in that lawsuit that it, i.e., Defendant LafargeHolcim Ltd, which is based in Switzerland: (a) has extensive business operations in the United States, (b) is the United States’ leading cement producer, (c) offers waste management services in numerous cities throughout the United States, (d) recovers and recycles waste through co-processing at service locations across North America, and (e) has reached a significant number of consumers in the United States.

Booking.com & Booking Holdings Again Defendants In Another Libertad Act Lawsuit: "Copacabana Hotel"

OSVALDO SOTO V. BOOKING.COM B.V. AND BOOKING HOLDINGS INC. [1:20-cv-24044; Southern Florida District]

Rivero Mestre LLP (plaintiff)

LINKS To:

Complaint For Damages (10/2/2020)

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Civil Cover Sheet

Summons

Summons

Excerpts From Complaint

The Soto family owned several business ventures throughout Cuba, including the famous oceanfront Copacabana Hotel2 “Copacabana”), located at Avenida Primera between 44 and 46 streets, in Havana, Cuba. The Copacabana was inaugurated in 1955, and after Fidel Castro seized power and established a communist government in Cuba in 1959, the Copacabana was confiscated along with the Soto family’s other properties and business ventures in 1961. This forced the Soto family to flee their native country to the United States.

After seizing the Copacabana from the Soto family, the Cuban government, together with Be Live Hotels S.L. and the defendants, exploited and benefitted from the Copacabana for decades without the consent of the Soto family and without paying them any compensation whatsoever. Defendants continue to offer the Copacabana to Floridians3 through their interactive websites, emails directly targeting Floridians, marketing campaigns in Florida, and through work done in their Florida offices. Osvaldo N. Soto now sues to right the defendants’ unlawful trafficking in his property and for just compensation.

On November 22, 2019, Soto informed defendants of his intent to commence an action unless defendants ceased to traffic the Copacabana. See Composite Exhibit D. Despite being on actual notice, defendants continued to market and make reservations at the Copacabana on their websites for their economic benefit.

26. Soto was not eligible to file a claim with the Foreign Claims Settlement Commission under Title V of the International Claims Settlement Act of 1949 (22 U.S.C. § 1643, et seq.), because he was not a U.S. citizen when the Copacabana was confiscated.

27. The Copacabana has not been the subject of a certified claim under Title V of the International Claims Settlement Act of 1949 (22 U.S.C. § 1643 et seq.).

28. Soto has been injured by defendants’ trafficking in the Copacabana without his permission and without paying him any compensation.

Societe Generale And BNP Paribas File Motion To Dismiss In Libertad Act Lawsuit- "Frustration Of Purpose Theory" Fails

SUCESORES DE DON CARLOS NUNEZ Y DONA PURA GALVEZ, INC., BDA BANO NUNEZ V. SOCIÉTÉ GÉNÉRALE, S.A., D/B/A SG AMERICAS, INC.; THE BANK OF NOVA SCOTIA, D/B/A SCOTIA HOLDINGS (US) INC., A/K/A THE BANK OF NOVA SCOTIA, MIAMI AGENCY; THE NATIONAL BANK OF CANADA, D/B/A NATIONAL BANK OF CANADA FINANCIAL GROUP, INC.; AND BANCO BILBAO VIZCAYA ARGENTARIA, S.A., D/B/A BBVA, USA., [1:19-cv-22842; Southern Florida District]. NOTE: Case transferred to New York Southern District On 2 February 2020 [1:20-cv-00851]. Defendants Currently Societe General, S.A. and BNP Paribas, S.A.

Kozyak Tropin & Throckmorton, LLP (plaintiff)

Law Offices Of Paul Sack P.A. (plaintiff)

MoloLamken LLC (plaintiff)

Mayer Brown LLP (defendant)

ReedSmith LLP (defendant)

Astigarraga Davis Mullins & Grossman (defendant)

LINKS To:

Notice of Defendants’ Motion To Dismiss (10/2/2020)

Joint Memorandum Of Law In Support Of Defendants’ Motion To Dismiss And Second Amended Complaint Pursuant To Federal Rules Of Civil Procedures 12(b)(1) And 12(b)(6)

Exhibit A

Declaration Of Alex C. Lakatos

Stockholders Agreement

Exhibit B

Excerpts From Motion To Dismiss

The SAC contains no well-pleaded allegations that the Defendants in the action, Société Générale (“SG”) and BNP Paribas (“BNPP”), actually trafficked in any of the confiscated property. Rather, Plaintiffs claim that Defendants’ deferred prosecution agreement (“DPA”) and guilty plea (respectively) in connection with U.S. sanctions on Cuba reflect “conduct [that] includes engaging in commercial activity with BNC,” id. ¶ 39, which Plaintiffs maintain is sufficient to support Helms-Burton liability. Expounding on this theory, Plaintiffs argue that Defendants should be liable not because their alleged transactions with BNC made use of particular confiscated assets, but instead because BNC’s ownership of “confiscated property made BNC a more stable, less risky, and more desirable counterparty.”

Finally, the fact that the property at issue was confiscated from Cuban nationals is yet another reason that Title III relief is unavailable here. As numerous courts have recognized, Helms-Burton requires that a plaintiff allege a legally valid “claim” to the confiscated asset. The language, history, and structure of the Act show that such a claim must be valid as a matter of international law. But Cuba confiscated the Banco Nuñez assets from its own nationals—and it is long settled that international law does not recognize a claim for such purely “domestic” takings.

Third, the Individual Plaintiffs lack standing to bring Count II, which they assert “to the extent Sucesores” cannot bring Count I. As the Individual Plaintiffs acknowledge, they assigned any Banco Nuñez claims they purported to hold to Sucesores. Consequently, they lack standing to bring Count II as a contingent claim or otherwise. Nor can the Individual Plaintiffs cure this defect by invoking a “frustration of purpose” theory (or any other theory) to void the Stockholders Agreement, because a party that lacks standing, such as the Individual Plaintiffs, cannot request any relief from the Court. The Individual Plaintiffs, by asking the Court to issue a ruling on substantive contractual matters that they hope would redress their lack of standing, have put the cart before the horse. In any event, for the reasons discussed below, the Individual Plaintiffs’ “frustration of purpose” theory fails as a matter of law.

Biden Criticizes Trump For "Approach" Towards Cuba; Echo Of Kerry Comments Last Month

Miami Herald
Miami, Florida
5 October 2020

Excerpts....

In his first visit to Miami in more than a year, Democratic presidential nominee Joe Biden on Monday attacked President Donald Trump’s hard-line policies in the Americas, saying his opponent’s tough talk and steep sanctions have only entrenched Cuba’s Communist government.

“The administration’s approach is not working. Cuba is no closer to democracy than it was four years ago,” the former vice president said from a mostly empty gymnasium at José Martí Park in Little Havana, the historic heart of Miami’s Cuban exile community. “There’s more political prisoners. The secret police are as brutal as ever. And Russia is once again a presence in Cuba and Havana.”

Biden also criticized Trump for failing to topple Venezuelan strongman Nicolás Maduro and for refusing to grant undocumented exiles in the U.S. Temporary Protected Status from deportation back to a country suffering from crippling hyperinflation. “Maduro, who I’ve met, is a dictator, plain and simple,” said Biden. “And he’s caused incredible suffering among the Venezuelan people to maintain his grip on power.”

LINK To Post (9 September 2020): Former U.S. Secretary Of State Kerry Shares A Biden Administration Approach To Cuba- And Cuba Won't Like It

LINK To Post (28 May 2020): Cuba Advocates Should Not Be So Confident About President Biden

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