Mediator Reports In Four Cruise Company Libertad Act Lawsuits: "The parties are continuing to discuss settlement." Biden Administration Might Want To Delay Re-Authorizing Cuba Itineriaries

There was a seven-word change in the most recent Mediator’s Report for each of the four Libertad Act Title III lawsuits filed by Havana Docks Corporation against cruise lines.  The most important new word is “settlement.”   

On 6 October 2020, the Mediator’s Report in each of the four lawsuits did not mention “settlement” while the 20 February 2021 Mediator’s Report included the sentence: “The parties are continuing to discuss settlement.”  Meaning, a discussion or discussions about a settlement(s) predate 20 February 2021, but for what period is unknown and to what depth the discussions progressed is unknown.  Plaintiffs had been reported previously as seeking approximately US$500 million from the four defendants. 

If the Biden Administration re-authorizes passenger cruise ships to operate itineraries that include the Republic of Cuba, the cruise companies must decide if they would individually or collectively return to the Republic of Cuba while each remain defendants in litigation.  Absent a dismissal or settlement of the lawsuits, the cruise companies would continue to be exposed to an additional count of trafficking as defined by Libertad Act for each arrival/departure to any of the three piers of the Terminal Sierra Maestra located at the Port of Havana. 

For the cruise companies, having the Biden Administration delay a decision relating to the return of the Republic of Cuba for itineraries is beneficial as it lessens commercial pressures, including those from shareholders, insurance companies, and financial institutions to settle the lawsuits. 

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.   

Since 2 May 2019, there have been thirty-three (33) lawsuits filed some of which have been appealed, consolidated, dismissed, refiled, reversed, and transferred within districts and from district to district.  Some defendants have been dismissed, but the case continues with other defendants.   

LINK To Libertad Act Lawsuit Statistics 

HAVANA DOCKS CORPORATION, Plaintiff, v. CARNIVAL CORPORATION d/b/a CARNIVAL CRUISE LINE, a foreign corporation.  Defendant. [SAME WORDING FOR EACH LAWSUIT] 

MEDIATOR’S REPORT- In accordance with Local Rule 16.2(f)(1) of the Southern District of Florida, the amended scheduling order (ECF No. 80), and the order scheduling mediation (ECF No. 87), the undersigned Mediator reports that a mediation conference was held on October 5, 2020.  All of the parties or their representatives were present at the conference with full authority.  The case did not settle, but by agreement of the parties and the mediator, the mediation was adjourned (and not impassed) ending future developments in the case.  The parties are continuing to discuss settlement.  All of the parties have agreed that following briefing of dispositive motions another mediation will occur prior to trial.  

LINK To Mediator Statement (20 February 2021) 

MEDIATOR’S REPORT- In accordance with Local Rule 16.2(f)(1) of the Southern District of Florida, the amended scheduling order (ECF No. 80), and the order scheduling mediation (ECF No. 87), the undersigned Mediator reports that a mediation conference was held on October 5, 2020.  All of the parties or their representatives were present at the conference with full authority.  The case did not settle, but  by agreement of the parties and the mediator, the mediation was adjourned (and not impassed) pending future developments in the case.   

LINK To Mediator Statement (6 October 2020) 

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

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

LINK To Mediator Statement (20 February 2021)

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

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

LINK To Mediator Statement (20 February 2021)

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

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

LINK To Mediator Statement (20 February 2021)

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

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

LINK To Mediator Statement (20 February 2021)

COMPLETE ANALYSIS IN PDF FORMAT

U.S. Department Of Commerce Designates Cuba As "Foreign Adversary" But That Does Not Mean It Applies To "Any Other Purpose"

United States Department Of Commerce
Washington DC
19 February 2021

Securing the Information and Communications Technology and Services Supply Chain

The list of “foreign adversaries” consists of the following foreign governments and non-government persons: The People's Republic of China, including the Hong Kong Special Administrative Region (China); the Republic of Cuba (Cuba); the Islamic Republic of Iran (Iran); the Democratic People's Republic of Korea (North Korea); the Russian Federation (Russia); and Venezuelan politician Nicolás Maduro (Maduro Regime). The provision clarifies that the Secretary's determination is based on multiple sources, including the National Security Strategy of the United States, the Office of the Director of National Intelligence's 2016-2019 Worldwide Threat Assessments of the U.S. Intelligence Community, and the 2018 National Cyber Strategy of the United States of America, as well as other reports and assessments from the U.S. Intelligence Community, the U.S. Departments of Justice, State and Homeland Security, and other relevant sources. Additionally, the provision notes that the Secretary will periodically review this list in consultation with appropriate agency heads and may add to, subtract from, supplement, or otherwise amend the list.

It is important to note that the list at section 7.4 identifies “foreign adversaries” solely for the purposes of the Executive Order, this rule, and any subsequent rules. It does not reflect a determination by the United States about the nature of such foreign governments or foreign non-government persons for any other purpose.

AGENCY: U.S. Department of Commerce.
ACTION: Interim final rule; request for comments.
SUMMARY: The Department of Commerce is promulgating regulations to implement provisions of Executive Order 13873, “Executive Order on Securing the Information and Communications Technology and Services Supply Chain” (May 15, 2019). These regulations create the processes and procedures that the Secretary of Commerce will use to identify, assess, and address certain transactions, including classes of transactions, between U.S. persons and foreign persons that involve information and communications technology or services designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and pose an undue or unacceptable risk. While this interim final rule will become effective on March 22, 2021, the Department of Commerce continues to welcome public input and is thus seeking additional public comment. Once any additional comments have been evaluated, the Department is committed to issuing a final rule.
DATES: Effective March 22, 2021.

LINK To Interim Final Rule In PDF Format

Ten Days Later, U.S. Department Of State Answers Reporter Question About Travel To Cuba: adding aware of issue and looking closely at it

United States Department of State
Washington DC
11 February 2021

Briefing With Mr. Ned Price:

REPORTER QUESTION: Can I follow on that, on Cuba? And this is a very specific question, so if you could – if you don’t have an answer, I understand, but if you could take it. And that is that you probably know that the Cuban Government has introduced COVID restrictions requiring people coming into the country to quarantine in hotels. Well, Americans and Cuban Americans are not allowed under – or they can, I suppose, but then they’re subject to Treasury penalties – to stay in almost all Cuban hotels. So as part of the review into the Cuba policy, is this something that you guys are looking at with an eye toward perhaps doing it more urgently than in other parts? Or are these people who are going in just SOL?

MR PRICE: You’re right. Let me take that question back. I think that our review of our approach to Cuba is very much ongoing. But let me take that question back and see if we have anything we can add.

After repeated requests, on 19 February 2021, the United States Department of State shared the following statement which it confirmed is the response provided to Mr. Matt Lee, the reporter for Associated Press (AP) who asked the question on 11 February 2021:

“We have no higher priority than the safety and security of U.S. citizens overseas. We are aware of this issue and are looking closely at the implementation of Cuba's quarantine requirements and how they may affect U.S. travelers. Our current Travel Advisory for Cuba is Level 4 -- Do Not Travel due to health and safety concerns and COVID-19-related conditions. If travel is necessary, we recommend travelers contact their travel agent to inquire about sanctions regulations and related license applications and refer further specific questions about U.S. travel regulations for Cuba to Treasury’s Office of Foreign Assets Control.”

A.P. Moller-Maersk A/S, World's Largest Container Shipping Company Is Third To Be Defendant In Libertad Act Lawsuit; Joining Crowley & Seaboard

Copenhagen, Denmark-based A.P. Moller-Maersk A/S (2019 revenues approximately US$42 billion) is the world’s largest container shipping company.

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON DIAZ BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE VERSUS A.P. MOLLER-MAERSK A/S (a/k/a A.P. MOLLER-MAERSK GROUP); MAERSK A/S (a/k/a MAERSK LINE A/S); MAERSK, INC.; and MAERSK AGENCY U.S.A., INC [2:21-cv-00339 Eastern District of Louisiana]

Pusateri, Johnston, Guillot & Greenbaum, LLC (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)

LINK To Complaint (2/17/2121)

LINK To Libertad Act Lawsuit Statistics

Excerpts:

“As discussed more fully below, Defendant Maersk’s website touts that, since 2016, Maersk has been providing direct shipping services from Europe and Asia to Cuba, and specifically to the Port of Mariel, Cuba:

In 2016, Maersk’s operation in Cuba broke all records, seeing its vessels carry 23,094 FFE to the ports in Mariel and Santiago. Volumes came from Asia primarily but also, increasingly, from Europe via a direct service which was launched the same year.

Defendant Maersk, together with its subsidiaries and agents, also has provided direct service from the Port of New Orleans to the Port of Mariel. As discussed more fully below, infra ¶¶ 108 - 110, according to the International Maritime Organization (“IMO”), a specialized agency of the United Nations responsible for regulating shipping, the ship A/S PETRA (IMO # 9283708), while operated by Defendant Maersk A/S, sailed from the Port of New Orleans on four occasions in 2020 and called at the Port of Mariel, Cuba on January 20, 2020, January 31, 2020, May 20, 2020, and August 12, 2020, respectively. At each of the aforementioned callings at the Port of Mariel, the A/S PETRA engaged in commercial activities with the Port of Mariel and the Zona Especial de Desarollo Mariel (“ZEDM”) (a/k/a Mariel Special Economic Zone).

Upon information and belief, related to the A/S PETRA’s aforementioned trafficking voyages from the Port of New Orleans to the Port of Mariel, Defendant Maersk Agency provided, inter alia, inland service, and other logistical support, including purchasing transportation services related to those voyages.

35. The A/S PETRA was knowingly and intentionally directed by Defendants to the Port of Mariel, where the A/S PETRA for itself and on behalf of and/or at the direction of Defendants, engaged in commercial activities using or otherwise benefiting from the Confiscated Property, the claims to which are owned by Plaintiffs and without the authorization of Plaintiffs, which constitutes trafficking as defined in 22 U.S.C. § 6023(13)(A)(ii). Infra ¶ 109.”

Other Lawsuits Filed By Same Plaintiffs:

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. CROWLEY MARITIME CORPORATION, Defendant. [3:20-cv-01426 Middle District Florida; Transferred To Florida Southern District 1:21-cv-20443]

Murphy & Anderson, P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)
Venable LLP (defendant)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. SEABOARD MARINE, LTD., Defendant. [1:20-cv-25176; Southern Florida District]

Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices of John S. Gaebe (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields (plaintiff)
Morgan, Lewis & Bockius LLP (defendant)

OFAC Fines Bitpay, Inc., US$507,375.00 For Violations Of Digital Currency Transactions Including With Cuba

United States Department of the Treasury
Washington DC
18 February 2021

"The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced a settlement with BitPay, Inc., a private company based in Atlanta, Georgia, that offers a payment processing solution for merchants to accept digital currency as payment for goods and services. BitPay agreed to remit $507,375 to settle its potential civil liability for 2,102 apparent violations of multiple sanctions programs. BitPay allowed persons who appear to have been located in the Crimea region of Ukraine, Cuba, North Korea, Iran, Sudan, and Syria to transact with merchants in the United States and elsewhere using digital currency on BitPay’s platform even though BitPay had location information, including Internet Protocol (IP) addresses and other location data, about those persons prior to effecting the transactions."

LINK To Settlement Document In PDF Format

EU Exports To Cuba Decreased 30.9% From 2019 To 2020 And Imports Increased 5.07% From 2019 To 2020

The Brussels, Belgium-based European Union (EU) reports 2019 and 2020 trade data (exports and imports) with the Republic of Cuba.

2019 Exports To The Republic Of Cuba- €2,109,535,577.00
2020 Exports To The Republic Of Cuba- €1,457,885,508.00
Change: -30.9%

2019 Imports From The Republic Of Cuba- €344,352,314.00
2020 Imports From The Republic Of Cuba- €361,817,153.00
Change: +5.07%

TO – Total
01 - Live animals; animal products (chapters 1 to 5)
02 - Vegetable products (chapters 6 to 14)
03 - Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes (chapter 15)
04 - Prepared foodstuffs; beverages, spirits and vinegar; tobacco and manufactured tobacco substitutes (chapters 16 to 24)
05 - Mineral products (chapters 25 to 27)
06 - Products of the chemical or allied industries (chapters 28 to 38)
07 - Plastics and articles thereof; rubber and articles thereof (chapters 39 to 40)
08 - Raw hides and skins, leather, furskins and articles thereof; saddlery and harness; travel goods, handbags and similar containers, articles of animal gut (other than silkworm gut) (chapters 41 to 43)
09 - Wood and articles of wood; wood charcoal; cork and articles of cork; manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork (chapters 44 to 46)
10 - Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard; paper and paperboard and articles thereof (chapters 47 to 49)
11 - Textiles and textile articles (chapters 50 to 63)
12 - Footwear, headgear, umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding-crops and parts thereof; prepared feathers and articles made therewith; artificial flowers; articles of human hairs (chapters 64 to 67)
13 - Articles of stone, plaster, cement, asbestos, mica or similar materials; ceramic products; glass and glassware (chapters 68 to 70)
14 - Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coi (chapter 71)
15 - Base metals and articlaes of base metal (chapters 72 to 83)
16 - Machinery and mechanical appliances; electrical equipment; parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles (chapters 84 to 85)
17 - Vehicles, aircract, vessels and associated transport equipment (chapters 86 to 89)
18 - Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; clocks and watches; musical instruments; parts and accessories thereof (chapters 90 to 92)
19 - Arms and ammunition; parts and accessories thereof (chapter 93)
20 - Miscellaneous manufactured articles (chapters 94 to 96)
21 - Works of art, collector pieces and antiques (chapters 97 to 99)

LINK To Data In Excel Format In Euros And Kilograms (EU and Country-by-Country)

When Will New Cuba Ambassador To The United States Be Credentialed By President Biden? State Department & MINREX Have Conflicting Information

United States Department of State
Washington DC
18 January 2021

Diplomatic Corps Order of Precedence: In accordance with relevant Articles of the Vienna Convention on Diplomatic Relations, heads of diplomatic missions appear on the Diplomatic Corps Order of Precedence list in their respective classes and in the order of the date and time of assuming their duties. 

ORDER OF PRECEDENCE Reported to the Office of the Chief of Protocol as of January 18, 2021.  CHARGE D’AFFAIRES AD INTERIM FOR BILATERAL MISSIONS- Republic of Cuba: Rodney Amaury Gonzalez Maestrey (12/21/20) 

Listing by Ministry of Foreign Affairs of the Republic of Cuba as of 11 February 2021: 

ESTADOS UNIDOS DE AMERICA
Excmo. Sr. José R. Cabañas Rodríguz
Embajador Extraordinario y Plenipotenciario
Fecha de acreditación: 17/09/2015

Listing by Ministry of Foreign Affairs of the Republic of Cuba as of 11 February 2021: 

CHARGÉ D´AFFAIRES- Mrs. Lianys Torres Rivera, Ambassador. 

The Biden Administration is expected to promptly approve in 2021 H.E. Lianys Torres Rivera, former Ambassador of the Republic of Cuba to Vietnam, as Ambassador of the Republic of Cuba to the United States and be included among the first groups to the Oval Office at The White House to present (in person or virtually) their credentials to The Honorable Joseph Biden, President of the United States.      

Ambassador Torres arrived to the United States in early January 2021 during the Trump Administration.   

The United States Department of State has no information to provide on-the-record or on background as to if Ambassador Torres is now recognized as Ambassador of the Republic of Cuba to the United States or when Ambassador Torres will present her credentials to President Biden.  

The decision by the Biden Administration to accept and to accept promptly a replacement to manage the Embassy of the Republic of Cuba in Washington DC should not be mischaracterized, misunderstood by those who support a return to the commercial, economic, and political bilateral landscape in existence prior to 20 January 2017.  

The symbolism will represent more about what can be rather than what was in the bilateral relationship.  The Biden Administration message- there can and should be official dialogue, but that dialogue needs to amount to more than more dialogue and, critically, the Republic of Cuba must address internal issues and issues relating to Venezuela.  

The Biden Administration has also not reported publicly if it intends to nominate an Ambassador of the United States to the Republic of Cuba.  LINK To Post

United States companies remain hopeful for a change in bilateral atmospherics, telemetry and, importantly, for the government of the Republic of Cuba to continue with its commercial, economic, and political transformation which may provide opportunities for United States companies to have more than a presence in the marketplace for incoming visitors.    

There remain from 2015 commercial opportunities for product and service importation, product and service exportation, product and service offerings, and direct participation (including investment, loans, etc.) in the self-employed sectors authorized during the Obama Administration which the government of the Republic of Cuba neither encouraged nor approved.  Recent decisions by the government of the Republic of Cuba to merge its two currencies and to expand the range of self-employed categories may provide additional opportunities for United States companies.  There also remain for the Biden Administration the issue of the 5,913 certified claims valued at approximately US$1.9 billion.   

Crucial for the new Ambassador of the Republic of Cuba to the United States to embark upon a structured outreach to those who do not support a functioning bilateral relationship between the United States and the Republic of Cuba.  Resist the natural gravitational pull to engage solely with individuals (public sector and private sector) and companies and organizations who provide positive messaging reinforcement.   

Diplomatic Background  

Ambassador Jose Ramon Cabanas Rodriguez from 2012 to 2015 served as Chief of the Cuban Interests Section in Washington DC.  He retained the title of ambassador due to posting in Austria from 2001 to 2005.  On 17 September 2015, he presented credentials to The Honorable Barack Obama (D), President of the United States (2019-2017) and became Ambassador Extraordinary and Plenipotentiary of the Republic of Cuba to the United States.    

The last United States ambassador to the Republic of Cuba was The Honorable Philip Bonsal (1903-1995) who arrived 3 March 1959 and departed 28 October 1960.  There had been twenty ambassadors from 1902 to 1960.  

Since 1960, according to the United States Department of State, there has been one Chargé d’Affaires ad interim, fourteen Principal Officers, and two Chargé d’Affaires.  

There are approximately 11.3 million Republic of Cuba nationals residing on 780-mile-long archipelago ninety-three miles south of from Key West, Florida.  There are approximately 2.3 million individuals of Cuban descent residing in the United States with the majority in Florida and New Jersey. 

LINK To Analysis In PDF Format

PREVIOUS POST: 

Cuba Expected To Install New Ambassador In Washington- First Woman December 22, 2020

LVMH Adds To Its Cuba Rum Portfolio With "Eminente Reserva"

Paris, France-based LVMH Moët Hennessy Louis Vuitton (2019 revenues approximately US$60 billion).

The Drinks Business
London, United Kingdom
15 February 2021

The new brand, which is being officially launched in the UK now by Moët Hennessy (the drinks division of LVMH), is a near £50 Cuban rum with a seven-year age statement that’s been blended for sipping on its own; over ice or in cocktails.

Speaking during an online launched of Eminente Reserva on Friday, co-founder of the top-end rum, Briac Dessertenne, said, “We hope to challenge the usual perception of Cuban rum and Cuba as a whole.” This is because of the rum’s upmarket positioning, style, sourcing and imagery, he explained.

Speaking further about the latter, Eminente co-founder and brand director, Camille de Dominicis, stressed that the packaging was novel for a Cuban product, before revealing the inspiration behind the rum’s appearance, which features a crocodile logo and ribbed glass, resembling the reptile’s skin.

“When people think about Cuba they think of the colourful streets, the cigars, the revolution; there is an amazing visual patrimony for Cuba, which is very related to what you see on postcards… but when we went to a distiller on the centre of the island, we realised it had much more to offer,” she said.

Among these elements is the country’s high level of endemic species, including the Cuban crocodile, which the islanders are trying to protect. It also gives its name to the local term for Cuba, which is the Isla del Cocodrilo, because the shape of island resembles the reptile when see from above, and it is this image that Eminente has chosen for its logo.

Other differences relate to the rum itself, which takes its inspiration from nineteenth century flavours of Cuban rum – these historical rums tended to be “more intense”, according to de Dominicis.

It also relates to the rum’s creator, César Martí, not only because he is considered especially talented, but also due to the location of his upbringing on the island. Martí is one of the island’s ten Maestros Roneros (master Cuban rum distillers) – the youngest ever to acquire this status – and he grew up in Cuba’s Central Province of Villa Clara, where he was born into a family of sugar cane farmers.

It is in this part of the island where the rum is distilled, giving a specific character to the spirit, according to de Dominicis. “The taste of rum from the centre of the island is a bit unknown,” she explained Continuing she said, “When you try and summarise the two main styles of Cuban rum, one is the western style, called occidente, the source of Havana Club, and the other is the eastern style, or oriente, and our central style is a mix of the two,” she said.

While the western style is generally heavy and robust, and designed for making cocktails, the eastern style is generally lighter, fruitier and made for sipping on its own. As for the central style, that tends to be “where both frontiers meet”, according to UK brand manager for Eminente, Max Helm.

“It is a rum with versatility; it is great for cocktails because it has structure, but at the same time it has fruit, making it great for sipping as well,” he said. Continuing he commented, “You don’t see many central styles coming out of Cuba,”which makes Eminente unusual in the world the world of Cuban rum.

Mr. Cesar Marti

There are other distinctive elements to the rum too. These relate to the “fully-ripe” sugar cane used for the rum-making process, ensuring that the base material has a high sugar content, along with the short fermentation times employed, which yield something “light and fruity”. Then there’s the rum’s minimum ageing period of seven years in white oak barrels, which provides depth and richness to the product.

Considering that one year of ageing in Scotland would be the equivalent to three years in Cuba’s tropical conditions, the seven-year period is significant. But a “massive part of Eminente” in terms of its impact on the character of the rum is the high content of “pre-revolution aguardiente,” according to Helm, which reaches a new high of 70%, with the remaining 30% being Cuban light rum.

According to Helm, it is more normal to have less than 20% of agudiente de cana in a Cuban rum.
“This [high level of agudiente] is unseen before, and it gives lot of depth, complexity and length to the rum,” he said.

Referred to as ‘the soul of Cuba’, aguardientes are the most flavourful and complex eaux-de-vie that the island produces from molasses distilled to 75% ABV, which are then aged in white oak barrels that were once used for ageing whisky, blended and aged again with traditional light Cuban rum distilled to 96% ABV. The aguardiente brings the complexity and depth of aromas, while the light rum adds vitality, thanks to the strength of the alcohol.

Eminente Reserva is aged for a minimum of seven years and is one of only a handful of Cuban rums to be classified ‘Denominación de Origen Protegida’ (D.O.P. Ron de Cuba). This status is granted by a Regulatory Council: the D.O.P. Ron de Cuba which dictates strict rules to ensure the authenticity and high standards of Cuban rum. Eminente Reserva is available now from www.Eminente.com with an RRP of £47.

LINK To Related Posts:

Diageo Of UK Creates Joint Venture To Distribute Rum Brand From Cuba; No Mention Of Impact By Libertad Act

Pernod Ricard

Ministry of Labor And Social Security Of Cuba Lists 124 Activities Unavailable To Citizens

Havana Times
Managua, Nicaragua
13 February 2021

Excerpts: 

HAVANA TIMES – “On February 10th, Cuba’s Ministry of Labor and Social Security published a list of work activities banned within the country’s self-employment sector. According to the document published on the Ministry’s website there are 124 activities listed. There is a disclaimer saying that “the list can be amended as it is reconciliated with legal regulations.” The regulations are still being drafted. 

Banned activities include some that were in a legal limbo up until now, such as sound recording and music editing. A lot of national music is being produced today in independent studios, which is then distributed via alternative channels to the Weekly Package. 

Art galleries, travel agencies and tour operators, research activities and businesses that provide support services for other companies, all fall into the banned category now. 

Other banned activities on the list are the wholesale of spare parts, pieces and accessories for automobiles, renting recreational and sports equipment – excluding bicycles.  

Legal activities and accounting, except for bookkeeping, are still banned professional activities. The same goes for architecture and engineering-related activities. Point 83 stipulates that other professional and technical activities are also banned, with the exception of translators of documents and certified translators and interpreters, design and photography activities. 

To learn more about the activities that are authorized within this sector, you can search for them on the National Classifier of Economic Activities, which is also available on the Office of Statistics and Information website. When you find the activity you wish to exercise, find the four-digit number that precedes it. If this number does not appear on the MTSS’ list of banned activities, then it is allowed. 

Management and organization of concert venues, theaters, museums, physical or digital libraries; as well as zoos and natural areas, are all included on the banned activities list that was recently published. 

While managing sports areas isn’t allowed, you can create and run “muscle/body sculpting gyms” and rent out swimming pools. You cannot create or run sports clubs for football, chess, boxing swimming, shooting, athletics or carry out diving-related activities as a self-employed worker.  Professional business associations and union-related activities are also explicitly banned. 

Within the sector of human health and social assistance, hospital, doctor and dentist services, as well as nursing care, are all banned for private employment. 

In the section Supplying electricity, gas, steam and air conditioning, electricity generation, transmission and distribution are all banned. The exceptions being biogas and supplying steam and air conditioning. 

The new way to get a license to be self-employed will supposedly involve less steps. Economist Pedro Monreal said this simplifies the process considerably “by authorizing complete sections, with one-off exceptions.” However, he added that nothing had yet been said about a regulation for creating small and medium-sized enterprises (PYMEs). 

The publication of banned activities for the self-employed is the first step in reforms to Cuba’s private sector, announced by the Ministery of Labor and Social Security. According to what minister Marta E. Feiro Cabrera explained on the TV show Mesa Redonda, regulations for the license-granting process will be published this month. 

Once these regulations are implemented, all self-employed workers will need to reregister, a gradual process via the Ventanilla unica (one window) platform.  

Among those who are now able to receive licenses again are computer programmers, who hadn’t been able to receive new licenses since August 2017.” 

Ministry of Labor and Social Security: “The National Classifier of Economic Activities (CNAE) is integrated into 4 levels of aggregation that are divided into 21 sections identified by a one-letter alphabetic code, subdivided in turn into 87 divisions, 237 groups, 421 classes, which in total contain 2,110 activities, limiting totally or partially some of these structures, or only certain activities, which the proposal proposes to limit 124 of them. The list does not include activities considered illegal for all economic actors or expressly prohibited by law, such as: hunting and fishing of prohibited and endangered species, exploitation of endemic plants, child employment and forced labor, among others. You can download the file from the Downloads Menu of this website in the Legal Regulations section in the Task Order field or through the following link: Activities where self-employment is not allowed” 

LINK To List

LINK: https://www.mtss.gob.cu/noticias/actividades-donde-no-se-permite-el-ejercicio-del-trabajo-por-cuenta-propia

The Pathway For Biden To Change Trump Cuba Policies May Be Through Cuban Passports And COVID-19

The Pathway For Biden To Change Trump Cuba Policies May Be Through Cuban Passports And COVID-19 

The Trump Administration and [Miguel] Diaz-Canel Administration may have provided the Biden Administration with a basis to alter travel regulations and remittance transfer regulations. 

One Quarantine Hotel Was Managed By Marriott Before Trump Administration Revoked Its License; Hotel Owned By Cuba Military Yet Not On State Department Restricted List  

The impact of COVID-19 in 2020 and thus far in 2021 upon the Republic of Cuba continues to constrain individuals of Cuban descent residing in the United States from visiting their families and friends and from delivering efficiently remittances from the United States to the Republic of Cuba. 

The Republic of Cuba is requiring all non-Cuban citizens to quarantine for five nights and six days in a designated “quarantine hotel.” LINK To Regulations  LINK To Regulations (English Translation)

Thus far in 2021, the overwhelming majority of arrivals from the United States to the Republic of Cuba seeking to visit family and friends are individuals of Cuban descent possessing a United States passport and a passport issued by the Republic of Cuba.  The Trump Administration restricted United States regularly-scheduled airlines to the Jose Marti International Airport (HAV) in Havana.    

The OFAC maintains, in a view that some argue is extraerritorial, that so long as an individual is “subject to United States jurisdiction” the individual must adhere to all regulations impacting activities and transactions relating to the Republic of Cuba.  

US Department of State
Washington DC
11 February 2021

“All U.S.-Cuban dual citizens should note that the Government of Cuba treats U.S. citizens born in Cuba as Cuban citizens and may subject them to a range of restrictions and obligations. The Cuban government requires U.S.-Cuban dual citizens who departed Cuba on or after January 1, 1971 to enter and depart Cuba using a Cuban passport. Using a Cuban passport for this purpose does not jeopardize one’s U.S. citizenship; however, such persons must use their U.S. passports to enter and depart the United States. Cuban-Americans who departed Cuba before January 1, 1971 may travel to Cuba on their U.S. passport but must apply for an HE-11 visa from the Cuban Embassy. Cuban authorities do not always notify the U.S. Embassy of the arrest of dual nationals and may deny U.S. consular officers access to them.” 

Four Changes 

1. The Biden Administration agrees on a temporary basis to permit individuals possessing a passport issued by the Republic of Cuba to be for the sole purpose of travel-related transactions to and within the Republic of Cuba, not subject to certain regulations issued by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and United States Department of State. 

2. Travelers of Cuban descent possessing a passport issued by the Republic of Cuba would be permitted on a temporary basis to use certain hotels on the “List of Restricted Entities and Subentities Associated With Cuba maintained by the United States Department of State. 

3. The United States Department of Transportation (DOT) would again authorize commercial airlines to service all airports in the Republic of Cuba provided all passengers possess a passport issued by the Republic of Cuba.  

4. Denver, Colorado-based Western Union Company (2019 revenues approximately US$5.2 billion) would again be permitted, on a temporary basis, to operate money transfer services from the United States to the Republic of Cuba provided the sender presents a passport issued by the Republic of Cuba.  Republic of Cuba government-operated Financiera Cimex (Fincimex), which had been the distribution partner in the Republic of Cuba for Western Union Company until prohibited by the Trump Administration in 2020, would again be licensed by the OFAC.    

In 2020, The List of Restricted Entities and Subentities Associated With Cuba added Republic of Cuba government-operated American International Services (AIS) and Republic of Cuba government-operated Financiera Cimex (Fincimex), a Panama-registered subsidiary of Corporacion Cimex, a subsidiary of GAESA which is controlled by the FAR.   

US Department of State
Washington DC
11 February 2021

Briefing With Mr. Ned Price: 

REPORTER QUESTION: Can I follow on that, on Cuba? And this is a very specific question, so if you could – if you don’t have an answer, I understand, but if you could take it. And that is that you probably know that the Cuban Government has introduced COVID restrictions requiring people coming into the country to quarantine in hotels.  Well, Americans and Cuban Americans are not allowed under – or they can, I suppose, but then they’re subject to Treasury penalties – to stay in almost all Cuban hotels.  So as part of the review into the Cuba policy, is this something that you guys are looking at with an eye toward perhaps doing it more urgently than in other parts? Or are these people who are going in just SOL? 

MR PRICE: You’re right.  Let me take that question back. I think that our review of our approach to Cuba is very much ongoing. But let me take that question back and see if we have anything we can add.  

Hotel Background 

In 2016, the OFAC issued two licenses to Bethesda, Maryland-based Marriott International, Inc. (2019 revenues approximately US$21 billion) to manage two properties in the Republic of Cuba.   

Both properties (one through Starwood Hotels and Resorts Worldwide LLC) were in the city of Havana, the 186-room Four Points by Sheraton Havana (employed approximately 125 Republic of Cuba citizens) and 83-room Hotel Inglaterra (delayed opening without public explanation from December 2016 to December 2017 to December 2019 to “sometime” in 2020). 

The first (and only to be managed) was Hotel Quinta Avenida rebranded as Four Points Sheraton Havana.  

Both properties were and remain owned Republic of Cuba government-operated Grupo de Turismo Gaviota S.A., a subentity of Grupo de Administracion Empresarial S.A. (Enterprise Management Group; GAESA) which is controlled by the controlled by the Revolutionary Armed Forces of the Republic of Cuba (FAR). 

In June 2020, “Marriott International has been notified by the U.S. Department of Treasury that we must wind down our operation of the Four Points Sheraton [formerly Hotel Quinta Avenida] in Havana, Cuba by August 31 [2020], and that we will not be permitted to open other hotels in Cuba that have been in preparation. We entered the Cuban market in 2016, with permission from the U.S. government. Our operating license was reviewed and renewed in 2018. We have recently received notice that the government-issued license will not be renewed, forcing Marriott to cease operations in Cuba. Marriott continues to believe that Cuba is a destination that travelers, including Americans, want to visit. Marriott looks forward to reopening in Cuba if and when the US Government gives us permission to do business there again.”  

A creation of the Trump Administration and managed by the United States Department of State: “List of Restricted Entities and Subentities Associated With Cuba contains entities and subentities controlled by the Cuban military, intelligence, and security services or personnel. Direct financial transactions with these entities and subentities are generally prohibited because they would disproportionately benefit those services or personnel at the expense of the Cuban people or private enterprise in Cuba.”  An important note to the list is: “*** Entities or subentities owned or controlled by another entity or subentity on this list are not treated as restricted unless also specified by name on the list. ***” LINK: https://www.state.gov/cuba-sanctions/cuba-restricted-list/ 

The list effective 8 January 2021 includes most hotels located in the Republic of Cuba, but does not include the Hotel Quinta Avenida.  The list includes “Holding Company” Gaviota S.A. which owns the Hotel Quinta Avenida.  The list includes Fincimex, a subentity of Republic of Cuba government-operated Corporacion Cimex S.A., a subsidiary of GAESA which is controlled by the FAR.   

Cuba Travel Services
Newport Beach, California
12 February 2021

Traveling to Cuba from the US 

From January 10, 2021, travelers are required to present proof of a PCR test with negative results, taken in your departing country in the last 72 hours. It is recommended you bring two physical copies of your PCR test result with you. 

In addition, Cuba requires all passengers to complete a PCR test upon arrival in Havana International Airport. The Cuba Sanitary Fee is $36.25 which includes a $6.25 processing fee.* Tickets booked after December 1, 2020 should have this included in the ticket price. Please check this with your airline.  *American Airlines passengers that have purchased their tickets to Cuba from Miami prior to December 1, 2020, can process their Cuba Health Screening Fee online prior to departure. 

All non-Cuban citizens who arrive in Cuba must quarantine for 5 nights and 6 days in a designated ‘Quarantine hotel’. Travelers are encouraged to purchase their Quarantine Hotel Package online prior to their departure date. 

Traveling to the US from Cuba: Following a new CDC (Atlanta, Georgia-based Centers For Disease Control) order effective January 26, 2021, all air passengers arriving to the US from a foreign country are required to get tested for COVID-19 infection no more than 72 hours before their flight departure time. You are also required to provide proof of the negative result or documentation of having recovered from COVID-19 to the airline before boarding the flight.  In addition, the CDC requires arriving air passengers to test 3-5 days after travel AND stay home for 7 days after travel. Even if you test negative, stay home for the full 7 days. 

Quarantine Package 

Starting February 6, 2021, all non-Cuban citizens who arrive in Cuba must quarantine for 5 nights and 6 days in a designated ‘Quarantine hotel’.  You will be required to take a second PCR test on the 5th day before leaving your hotel. 

Passengers are encouraged to purchase their Quarantine Hotel Package online prior to their departure date. Purchasing the hotel accommodations in advance of travel allows you to do so securely with a U.S. Credit Card and avoid any issues upon arrival with additional fees associated with alternative forms of payments or lack of options for payment as due to current health concerns regarding COVID hotels may not accept cash payments. 

Currently travelers traveling from the United States may only stay at accommodations that are not included on the U.S. State Department prohibited accommodations or restricted entities list. 

Hotel Quinta Avenida is one of the Cuban designated Quarantine Corridor Hotels and is not currently on one of the State Department lists of prohibited or restricted lists. 

This Quarantine Hotel Package includes: 5 nights and 6 days stay at Quinta Avenida Habana Hotel; A set AP meal plan with breakfast, lunch, and dinner for the entirety of your 5-night stay*; One-way transfer from Jose Marti International Airport Terminal 3 to your designated hotel Quinta Avenida.  Hotel Quinta Avenida is hotel is located in the west of Havana, Cuba, in the modern and popular Miramar residential area. The hotel sits overlooking the Ecological Park and the Caribbean Sea.  *If you are vegetarian, please notify hotel staff upon check-in. A la carte items including alcoholic beverages are not included within this package. All meals will be brought up to the room. 

Please note that this package is priced per person and an administration fee of $30.00 will be applied to each booking. This package is not refundable.  Guests must isolate in their hotel room at all times. No visitors are allowed. Upon your arrival at Havana Airport, you will be required to take a PCR test of which you will receive the results during your stay at the hotel.

LINK To Complete Analysis In PDF Format

Biden Administration Continues Focus Upon Injuries To U.S. Diplomats At Embassy In Havana

United States Department of State
Washington DC
11 February 2021

Daily Briefing with Mr. Ned Price

QUESTION: Thank you. I have a couple questions on Latin America. The first one is about Cuba. I know the government is currently reviewing the policy towards Cuba, but so far, has the new administration found any evidence that the Cuban Government was responsible – behind the attacks in the embassy in Havana? And also, what is the Biden administration doing to find out what was the cause of those attacks?

MR PRICE: Great. Well, I appreciate the question, and I would start by saying that – and it’s something I’ve said here before – is that, of course, we have no higher priority than the safety and the security of U.S. personnel, their families, other U.S. citizens, both, of course, in this country and around the world. The U.S. Government is working to determine what happened to our staff and their families and to ensure the well-being and health of our officials going forward. That investigation remains underway. It remains a high priority, and I can tell you that during the transition period, this was one of the first briefings, comprehensive briefings that, as Secretary-designate at the time, Secretary-designate Blinken requested of the transition team. And he has, in fact, received updates during his time as Secretary of State. He has made clear that this is a priority for him, and those updates will continue going forward.
What I can also say is that – and the department established an interagency task force to coordinate the government’s response to these incidents in May of 2018. More recently, and in fact, just this week, to reassert the department’s leadership and responsibility for U.S. Government personnel overseas, we elevated, as I said, this week the coordinator role to a senior-level position so that a high-level official will be empowered to advise senior departmental leadership, coordinate the department’s interagency response to the health security incidents, and to provide continuing support to affected personnel. This advisor will be positioned in a senior role and will report directly to the department’s senior leadership to ensure, as I said, that we continue to make significant strides to address this issue and to ensure our people are receiving the treatment they need. We’ll have additional details on this new role in the coming days, I would expect.

QUESTION: Ned, I want to ask a Cuba question, if I may.

MR PRICE: Okay.

QUESTION: Okay. A month ago today, in one of its last acts, the former administration listed Cuba as a state sponsor of terrorism. Can you update on what is happening? Are you going back to a detente with Cuba? Are diplomats going to be going back, some of the —

MR PRICE: Yeah.

QUESTION: — diplomats that were withdrawn? Just update us on the Cuba situation.

MR PRICE: Well, I think when it comes to Cuba, we have – there are broad principles at play for our orientation towards the country. First, support for democracy and human rights will be at the core of our efforts through empowering the Cuban people to determine their own future. And second, we believe that Americans and especially Cuban Americans are the best ambassadors for freedom and prosperity in Cuba. You’ve heard me say in this briefing, in previous briefings, again, that we are committed to making sure that human rights are a core pillar of foreign policy. We are redoubling our dedication to human rights throughout the hemisphere, and I think that will, again, be a North Star as we review our approach to Cuba going forward.

QUESTION: You have a lot of north stars going on. Can I —

MR PRICE: I think every time it’s been interests and values, and interests and values are inextricably linked when it comes to our human rights.

QUESTION: Can I follow on that, on Cuba? And this is a very specific question, so if you could – if you don’t have an answer, I understand, but if you could take it. And that is that you probably know that the Cuban Government has introduced COVID restrictions requiring people coming into the country to quarantine in hotels. Well, Americans and Cuban Americans are not allowed under – or they can, I suppose, but then they’re subject to Treasury penalties – to stay in almost all Cuban hotels. So as part of the review into the Cuba policy, is this something that you guys are looking at with an eye toward perhaps doing it more urgently than in other parts? Or are these people who are going in just SOL?

MR PRICE: You’re right. Let me take that question back. I think that our review of our approach to Cuba is very much ongoing. But let me take that question back and see if we have anything we can add.

In Lawsuit Filed In Spain Against Melia Hotels, Plaintiff Argues That Government Of Cuba Is Not Required To Be A Defendant; Melia Hotels Says Otherwise

On 29 May 2019, descendants of Mr. Rafael Lucas Sanchez Hill, acting as Central Santa Lucia L.C., filed a lawsuit in Spain seeking US$10 million from Palma de Mallorca, Spain-based Melia Hotels International S.A. (2019 revenues approximately US$2 billion) seeking damages for the use of land upon which a hotel is located in the Republic of Cuba. The lawsuit is not using provisions of Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).  

On 11 January 2021, the judge ordered the inclusion of the government of the Republic of Cuba and Gaviota S.A., but not Gesmesol S.A.  Plaintiff attorneys objected as the complaint alleges “unjust enrichment” only against Melia Hotels International S.A.  Plaintiff attorneys did not appeal the order to avoid the risk of a dismissal.  Plaintiff attorneys are serving the government of the Republic of Cuba and Gaviota S.A. through the required diplomatic channels.  The government of the Republic of Cuba may claim sovereign immunity, but Gaviota S.A. is subject to the jurisdiction of the court.  The government of the Republic of Cuba and Gaviota S.A. are not subject to plaintiff claim of “unjust enrichment,” but are deemed necessary parties by the judge since they are responsible for the initial expropriation and current operation of property of plaintiff.  

On 10 February 2021, Central Santa Lucia L.C. filed its response to the court.  The focus of the response was the government of the Republic of Cuba may only be added as a defendant if the government of the Republic of Cuba consents to being a defendant; the plaintiff does not believe the government of the Republic of Cuba needs to be a defendant while Melia Hotels International S.A. believes that the government of the Republic of Cuba should be a defendant.   

LINK To Court Filing By Central Santa Lucia L.C. (2/10/2012)

LINK To Court Filing By Melia Hotels International, S.A. (1/28/2021)

LINK To Previous Post: Court In Spain Requires Government Of Cuba And Gaviota Tourism Company Be Included In "Unjust Enrichment" Lawsuit Against Melia Hotels International (16 January 2021)

New Carnival Corporation Libertad Act Lawsuit Discovery Documents Go Back Nearing Twenty Years

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

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

HAVANA DOCKS’ MEMORANDUM OF LAW ON CARNIVAL’S WAIVER OF ATTORNY-CLIENT PRIVILEGE (2/8/2021)

Exhibit D- CARNIVAL CORPORATION’S AMENDED INITIAL DISCLOSURE PURSUANT TO FED. R. CIV. P. 26(a)(1)(A)

DEFENDANTS CORPORACIÓN CIMEX, S.A. (CUBA), CORPORACIÓN CIMEX, S.A. (PANAMA) AND UNIÓN CUBA-PETRÓLEO’S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION TO DISMISS AND FOR OTHER RELIEF (2/8/2021)

HAVANA DOCKS’ MOTION FOR LEAVE TO FILE EXHIBITS TO MOTION TO COMPEL UNDER SEAL (2/8/2021)

ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO FILE EXHIBITS TO MOTION TO COMPEL UNDER SEAL (2/9/2021)

Exhibit E
Exhibit H
Exhibit I
Exhibit L
Exhibit M

Cuba Government References Last Week Ruling By U.S. Supreme Court To Support Dismissal Of Libertad Act Lawsuit By Exxon Mobil

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)

LINK To: Defendants Corporación Cimex, S.A. (Cuba), Corporación Cimex, S.A. (Panama) And Unión Cuba-Petróleo’s Notice Of Supplemental Authority In Support Of Motion To Dismiss And For Other Relief (2/8/2021)

LINK To: Supreme Court Of The United States- FEDERAL REPUBLIC OF GERMANY ET AL. v. PHILIPP ET AL. (2/3/2021)

2020 U.S. Food/Ag Exports To Cuba Decrease 36.6% Compared To 2019; Cuba 61st Of 226 U.S. Export Markets; Top Ten Exports- Chicken 87.7%

ECONOMIC EYE ON CUBA©
February 2021

December 2020 Food/Ag Exports To Cuba Increase 223.6%- 1
For 2020 Cuba Ranked 61st Of 226 U.S. Food/Ag Export Markets- 2
2019-To-2020 Exports Decrease 36.6%- 2
2020 Healthcare Product Exports US$936,013.00- 2
2020 Humanitarian Donations US$4,605,055.00- 3
2020 Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 16

Agricultural commodity and food product exports from the United States to the Republic of Cuba in 2020 were US$163,354,728.00 compared to US$257,659,479.00, representing a decrease of 36.6%.

1-Chicken Leg Quarters (Frozen); US$67,085,594.00; 41.1%
2- Chicken Meat (Frozen); US$52,541,842.00; 32.2%
3- Chicken Legs (Frozen); US$23,449,751.00; 14.4%
4- Soybeans; US$7,953,290.00; 4.9%
5- Corn (Yellow Dent No. 2); US$5,383,417.00; 3.3%
6- Calcium Phosphate; US$4,399,968.00; 2.7%
7- Woodpulp; US$1,025,750.00; .60 %
8- Prepared/Preserved Chicken Meat/Paste; US$541,437.00; .30%
9- Kraftliner; US$287,047.00; .20%
10- Beer; US$70,656.00; .04%

Total Value Of 10 Largest Exports To Cuba- US$162,738,752.00
Total U.S. Exports To Cuba- US$163,354,728.00
10 Largest As % of Exports To Cuba- 99.6%

Since December 2001, agricultural commodity and food product exports reported from the United States to the Republic of Cuba is US$6,296,227,424.00.

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

Chairman Of U.S. Senate Finance Committee Introduces Legislation To "Normalize Trade Relations" With Cuba

“(620)(a)(1) No assistance shall be furnished under this Act to the present government of Cuba. As an additional means of implementing and carrying into effect the policy of the preceding sentence, the President is authorized to establish and maintain a total embargo upon all trade between the United States and Cuba. (2) 867 Except as may be deemed necessary by the President in the interest of the United States, no assistance shall be furnished under this Act to any government of Cuba, nor shall Cuba be entitled to receive any quota authorizing the importation of Cuban sugar into the United States or to receive any other benefit under any law of the United States, until the President determines that such government has taken appropriate steps according to international law standards to return to United States citizens, and to entities not less than 50 per centum beneficially owned by United States citizens, or to provide equitable compensation to such citizens and entities for property taken from such citizens and entities on or after January 1, 1959, by the Government of Cuba.”

United States Senate
Washington DC
4 February 2021

Wyden Introduces Bill to End Cuba Embargo and Establish Normal Trade Relations

Washington, D.C. – [4 February 2021] Senate Finance Committee Chair Ron Wyden, D-Ore., last night introduced the U.S.-Cuba Trade Act of 2021 to repeal outdated sanctions on Cuba and establish normal trade relations with the island nation.

“Our nation’s embargo on Cuba is an artifact from the 1960s. To continue this outdated, harmful policy of isolation would be a failure of American leadership. While Trump increased tensions with Cuba during his disastrous time in office, I am optimistic about President Biden’s new diplomatic course,” Wyden said. “Regardless, Congress has a moral and economic obligation to the American people to improve U.S.-Cuban relations as swiftly and safely as possible.”

The U.S.-Cuba Trade Act of 2021 would repeal the major statutes that codify sanctions against Cuba, including the Helms-Burton Act and the Cuban Democracy Act, as well as other provisions that affect trade, investment and travel with Cuba. It would also establish normal trade relations with the country. Joining Wyden on the bill were U.S. Sens. Patrick Leahy, D-Vt., Richard Durbin, D-Ill., and Jeff Merkley, D-Ore.

LINK To Legislation

Four Republican Cuban-American Members Of The U.S. House Of Representatives Voted To Remove Rep. Taylor Greene. Did The Vote Also Reflect 2020 Census, Florida & New York Politics?

Coincidence that four of the seven members of the United States House of Representatives who define themselves as of Cuban descent, three of whom are from Florida, were among the eleven members of the Republican Party who voted on 4 February 2021 to remove The Honorable Marjorie Taylor Greene (R- Georgia 14th) from her assignments to the Education & Labor Committee and the Committee on the Budget? 

Their votes could solely reflect their disagreement(s) with Mrs. Taylor Greene.  Or is there more than a convergence of appreciation that statements by Mrs. Taylor Greene were offensive to the country, to the United States Congress, and to the Republican Party?  Might the 2020 Census results be a consideration? 

In the United States House of Representatives the Democratic Party has 221 members and the Republican Party has 211 members.  The United States Senate is divided 50/50. 

Roll Call 25. Bill Number: H. Res. 72
4 February 2021
117th Congress, 1st Session
Vote Question: On Agreeing to the Resolution. Removing a certain Member from certain standing committees of the House of Representatives
Yea: 230. Nay: 199. Present: 0. Not voting: 2

Yea- The Honorable Mario Diaz-Balart (R- Florida 25th)
Yea- The Honorable Carlos Gimenez (R- Florida 26th)
Yea- The Honorable Maria Salazar (R- Florida 27th)
Yea- The Honorable Nicole Malliotakis (R- New York 11th)
Yea- The Honorable Chris Smith (R- New Jersey 4th)

Among the eleven members was The Honorable Chris Smith (R- New Jersey 4th) who while not of Cuban descent, has supported constraints upon the bilateral relationship between the United States and the Republic of Cuba.  The State of New Jersey has a sizable population of individuals of Cuban descent. 

None of the five Republican members of the United States House of Representatives who voted Yea on H. Res. 72 are assigned to Education and Labor Committee or to the Budget Committee. 

Might reasons for the vote by the three members from Florida include a) showing political moderation and support for a Democratic Party initiative may have benefits when they seek support for or provide opposition to a Republic of Cuba-focused initiative and b) Florida expecting to gain two seats in the United States House of Representatives due to the 2020 Census and a belief that a unified position for ideological moderation will assist with how the districts are crafted by the Republican Party controlled Florida Legislature- with two more members of the Republican Party elected on Tuesday, 2 November 2020 to serve in the 118th Congress.  

For the member from the State of New York, with the 2020 Census expected to result in a loss of two seats in the United States House of Representatives, and the New York State Legislature and Executive Mansion controlled by the Democratic Party, perhaps the reasonable calculation was to project ideological moderation as a means of attempting to preserve the seat for the Republican Party. 

The United States Congress 

Ten (10) Cuban-American members of the United States Congress, three (3) in the United States Senate and seven (7) in the United States House of Representatives, consisting of two (2) members of the Democratic Party and eight (8) members of the Republican Party, will likely oppose most efforts by the Biden Administration to alter Trump Administration policies impacting the Republic of Cuba and Venezuela.  

They are expected to act as a voting bloc to oppose most efforts by the Biden Administration to alter Trump Administration policies impacting the Republic of Cuba and Venezuela where the perception, if not reality, may benefit either country.

United States Senate
The Honorable Ted Cruz (R- Texas)
The Honorable Marco Rubio (R- Florida)
The Honorable Robert Menendez (D- New Jersey)

United States House of Representatives
The Honorable Albio Sires (New Jersey; D- 8th)
The Honorable Alex Mooney (West Virginia; R- 2nd)
The Honorable Anthony E. González (Ohio; R- 16th)
The Honorable Mario Díaz-Balart (Florida; R-25th)
The Honorable Carlos Gimenez (Florida; R- 26th)
The Honorable Maria Elvira Salazar (Florida; R- 27th)
The Honorable Nicole Malliotakis (New York; R- 11th) 

The United States Congress And Florida 

Unhelpful for the legislative, policy and regulatory change landscape narrative when a college professor in an interview links “more freedom and more private businesses” in the Republic of Cuba to the final twenty-five months of the Obama Administration and less freedom and less private businesses in the Republic of Cuba during the Trump Administration (2017-2021).   

Certainly, the bilateral relationship was robust during the final two years of the eight year in duration Obama Administration and the substantial increase from 17 December 2014 to 20 January 2017 in visitors from the United States to the Republic of Cuba resulted in an increase in the creation of visitor-dependent commercial activities throughout the Republic of Cuba, but “less freedom” today in the Republic of Cuba is not a result of the Trump Administration.  

The Biden Administration and Democratic Party will continue to appease the State of Florida and its 2020 population of 21.48 million residents (14.5 million registered voters) where the Republican Party has 5,219,015 and the Democratic Party has 5,335,965; and 3,790,478 have no party affiliation.  In the 2020 Presidential Election, Florida voted 51.2% Republican to 47.9% Democratic; in 2016, 49.0% Republican to 47.8% Democratic; in 2012, 50.0% Democratic to 49.1% Republican; and in 2008, 51.0% Democratic to 48.2% Republican.  That data does not suggest a red state.  These are the changes from the 116th United States Congress to the 117th United States Congress:   

116th Congress
Senate- 2 R
House- 13 R and 14 D

117th Congress
Senate- 2 R
House- 15 R and 12 D

The Biden Administration will remain concerned about the 435-member United States House of Representatives where the Democratic Party has a ten-seat majority in the 117th United States Congress.  

The 2020 Census is expected to deliver to Florida two (2) additional seats in the United States House of Representatives- which increases the electoral prominence of the state in the 2022 and 2024 elections (24 votes of the required 270 votes for victory in the Electoral College).    

The state legislature in Florida is controlled by Republican Party.  In 2021, the Florida Senate (24- R and 16- D) and the Florida House of Representatives (78- R and 42- D) will expectantly seek to craft favorably the two new districts for the United States House of Representatives and recraft existing districts to lessen the number of Democrats.  There will likely too be court challenges. 

One result will be current Democratic Party members of the United States House of Representatives from Florida will tact right, meaning against Republic of Cuba initiatives in their primaries or general election. 

There will also be Democratic Party members of the United States House of Representatives and United States Senate from other states who will oppose perceived lessening of pressures upon the Republic of Cuba.

What some advocates will promote as a vote of legislative courage others will decry as a shortcut to the unemployment line.

Efforts to request the Biden Administration suspend Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”) made operational on 2 May 2019 by the Trump Administration risks antagonizing an important constituency in Florida and conflicting with President Biden’s appreciation of not interrupting the judicial process from his tenure as Chairman of the United States Senate Committee on the Judiciary (1987-1995).  There have been thirty-two lawsuits filed since 2019 and some are at Courts of Appeals.  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.   

And there are the many unknowns which can influence the 2022 and 2024 elections in Florida and other states: H.E. Nicolas Maduro, President of Venezuela, is removed from office.  H.E. Daniel Ortega, President of Nicaragua, is removed from office.  The government of the Republic of Cuba decides to robustly engage with the Biden Administration; the 5,913 certified claims are resolved.   

Neither the Biden Administration nor the Democratic Party headquarters in Washington DC will abandon Florida and policies relating to the Republic of Cuba will reflect the electoral realities of Florida.  

This means any legislative effort should be targeted, as in rifle, rather than scattered, as in shotgun.  Be incrementalistic rather than desirous of making a point. 

Better yet, focus upon changes to regulations for financial transactions which are practical and serve to increase efficiencies and opportunities for United States-based companies while providing increased transparency alongside prodding the Republic of Cuba to simultaneously engage. 

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Univision Interviews Senior Director For Western Hemisphere Affairs At The National Security Council- Cuba On The Agenda

Univision
Mexico City, Mexico
5 February 2021

Pressure on Venezuela, changes with Cuba, aid to Central America: Biden's strategy for Latin America

In an exclusive interview with Univision Noticias, Juan González, director of Latin America at the National Security Council, said that Biden is "working quickly to give TPS" to Venezuelans, in addition to relaxing travel restrictions to Cuba.

By: Janet Rodriguez

Juan González, director of Latin America in the US National Security Council, affirmed that the government of Joe Biden will continue to recognize Juan Guaidó as the interim president of Venezuela and that the National Assembly of Venezuela elected in 2015 is the only one that has democratic legitimacy.

In an exclusive interview with Univision Noticias, González pointed out that Biden's policy remains the same as during his campaign, which is why he maintains that Nicolás Maduro is a dictator and "responsible for the suffering of the Venezuelan people."

After being asked if Biden will continue with the suspension of deportations to Venezuelans for 18 months, ordered on the last day of his government by Donald Trump, González recalled that one of Biden's first executive orders when he arrived at the White House was to declare a 100-day moratorium on deportations for all undocumented immigrants who do not have criminal records for crimes.

"Biden's priority is the commitment he made during the campaign, which is to give Temporary Protected Status to Venezuelans who are already in the United States," added González to point out that the aforementioned Trump order is still in force, although the current government " works quickly to give TPS as soon as possible (to Venezuelans). "

The National Security Council official stressed that the Biden administration is also trying to "redouble international efforts" to get greater humanitarian support and move towards a lasting multilateral policy in support of a democratic solution to the critical situation in the South American country.

"We are going to review the sanctions that are already in place. It should be noted that when Biden was vice president he was the one who initiated the individual sanctions process; he is someone who is not afraid of imposing sanctions as a form of pressure," González said, warning that sanctions alone, in the absence of a much broader diplomatic strategy, "do not work and have not worked anywhere in the world to change a regime." Asked about the possibility of a military action such as an invasion, as suggested by the previous government when it warned that "all options are on the table", González pointed out that "one thing is to make false promises to play politics and another is seek a democratic future for Venezuelans. "

"If the Maduro regime is ready to enter into a real dialogue with the opposition that seeks that democratic end, excellent. If not, the route that the international community and the United States will take will be to increase pressure to try to push and develop a consensus. with the Lima Group and the other allies to ensure that we are all working towards that end, "he explained. Cuba and Nicaragua, migration and corruption

The director of Latin America of the National Security Council was also consulted about the political approach that the Biden government will have towards Cuba. In this regard, he said that the president "is also very clear that he seeks to lift the limits on remittances and also the possibility of Americans being able to travel to Cuba."

González criticized the hardening of the policy towards the island that the previous government maintained, noting that "they only penalize Cuban Americans and the Cuban people in the middle of a pandemic", because many families were prevented from sending money to his relatives and Trump "did nothing to try to advance a democratic future in Cuba."

"President Biden and the spokesperson (Jen) Psaki have made it clear that his policy is based on two things: what are the national interests of the United States and number two, what is the policy that will help to put Cubans as owners of his own future."

González also stressed that "the situation in Nicaragua is very worrying" where "it has been seen that the government of Daniel Ortega has even used snipers against its own people, something inconceivable."

The official affirms that Ortega "is trying to manipulate the process in his favor in these elections and the Biden administration will work to empower civil society and work for human rights and try to improve democratic processes" in the Central American country. . Regarding what Biden's policy towards Central America, specifically towards the countries of the so-called Northern Triangle, and the continuous migratory movements towards the United States, González said that "the only sustainable way to prevent migration

Regarding what Biden's policy towards Central America, specifically towards the countries of the so-called Northern Triangle, and the continuous migratory movements towards the United States, González said that "the only sustainable way to prevent irregular migration is to invest in the root causes, which are the poverty and insecurity ".

He recalled that President Biden has promised to dedicate 4,000 million dollars during 4 years of his mandate to strengthen the region, but that "this will have no impact if there is no political will in those countries and a commitment against corruption."

As for Mexico, he said that the bilateral talks "started very early" on how to manage migration responsibly, how to work together to invest in southern Mexico and in the northern triangle to combat the root causes of immigration. González warned people who are thinking of migrating to the United States not to do so because President Biden's policies will only benefit people who have been in the country since January 1.

"Human traffickers who are manipulating people who are desperate for an opportunity or have suffered losses in their homes from the hurricanes, now is not the time to come to the United States because the border is not ready to process individuals and not they would benefit from immigration reform, "González stressed.

Univision
Mexico City, Mexico
5 February 2021

Presión a Venezuela, cambios con Cuba, ayuda a Centroamérica: la estrategia de Biden para América Latina

En entrevista exclusiva con Univision Noticias, Juan González, director de Latinoamérica en el Consejo de Seguridad Nacional afirmó que Biden está "trabajando rápidamente para dar TPS" a los venezolanos, además de relajar las restricciones de viaje a Cuba.

Por: Janet Rodriguez

Juan González, director de Latinoamérica en el Consejo de Seguridad Nacional de EEUU, afirmó que el gobierno de Joe Biden seguirá reconociendo a Juan Guaidó como el presidente interino de Venezuela y que la Asamblea Nacional de Venezuela elegida en 2015 es la única que tiene legitimidad democrática.

En entrevista exclusiva con Univision Noticias, González señaló que la política de Biden sigue siendo la misma que durante su campaña, por lo que sostiene que Nicolás Maduro es un dictador y “responsable del sufrimiento del pueblo venezolano”.
Publicidad

Tras ser preguntado sobre si Biden continuará con la suspensión de deportaciones a venezolanos durante 18 meses, ordenada en el último día de su gobierno por Donald Trump, González recordó que una de las primeras órdenes ejecutivas de Biden al llegar a la Casa Blanca fue declarar una moratoria por 100 días de las deportaciones de todos los inmigrantes indocumentados que no tienen expedientes criminales por delitos.

"La prioridad de Biden es el compromiso que hizo durante la campaña, que es darle Estatus de Protección Temporal a los venezolanos que ya están en Estados Unidos", añadió González para señalar que la referida orden de Trump sigue vigente, aunque el actual gobierno "trabaja rápidamente para dar TPS lo antes posible (a los venezolanos)".
Relacionados

El funcionario del Consejo de Seguridad Nacional recalcó que la administración Biden también intenta "redoblar los esfuerzos internacionales" para conseguir mayor apoyo humanitario y avanzar hacia una política multilateral duradera en apoyo de una salida democrática a la situación crítica del país suramericano.

"Vamos a revisar las sanciones que están ya. Hay que resaltar que cuando Biden fue vicepresidente él fue quien inició el proceso de sanciones individuales; él es alguien que no tiene miedo de poner sanciones como una forma de presión", manifestó González, advirtiendo que las sanciones por sí mismas, en ausencia de una estrategia diplomática mucho más amplia, "no funcionan y no han funcionado en ninguna parte de mundo para cambiar un régimen".

Consultado sobre la posiiblidad de una acción militar como una invasión, tal como lo sugirió el anterior gobierno cuando advertía que "todas las opciones están sobre la mesa", González apuntó que "una cosa es hacer promesas falsas por jugar a la política y otra es buscar un futuro democrático para los venezolanos".

"Si el régimen de Maduro está listo para entrar a un diálogo real con la oposición que busca ese fin democrático, excelente. Si no, la ruta que tomará la comunidad internacional y Estados Unidos será incrementar la presión para tratar de empujar y desarrollar un consenso con el Grupo Lima y los otros aliados para asegurarse que todos estemos trabajando hacia ese fin", explicó.

Cuba y Nicaragua, migraciones y corrupción

El director de Latinoamérica del Consejo de Seguridad Nacional además fue consultado sobre el enfoque político que tendrá el gobierno de Biden hacia Cuba. Al respecto, dijo que el presidente "también tiene muy claro que busca levantar los límites a las remesas y también la posibilidad de estadounidenses de poder viajar a Cuba".

González criticó el endurecimiento de la política hacia la isla que mantuvo el anterior gobierno, al señalar que "solo penalizan a los cubanos estadounidenses y al pueblo cubano en la mitad de una pandemia", debido a que muchas familias se vieron impedidas de enviar dinero a sus familiares y Trump "no hizo nada para tratar de avanzar un futuro demorático en Cuba".

"El presidente Biden y la vocera (Jen) Psaki han dejado claro que la política de él se basa en dos cosas: cuáles son los intereses nacionales de EEUU y numero dos, cómo es la política que ayudará a poner a los cubanos como dueños de su propio futuro".

González subrayó además que "es muy preocupante" la situación en Nicaragua donde "se ha visto es que el gobierno de Daniel Ortega el que ha usado hasta francotiradores en contra de su propio pueblo, algo inconcebible".

El funcionario afirma que Ortega "está tratando de manipular el proceso a su favor en estas elecciones y la administración de Biden va a trabajar para empoderar a la sociedad civil y trabajar por los derechos humanos y tratar de mejorar los procesos demócráticos" en el país centroamericano.

Sobre cuál la política de Biden hacia Centroamérica, en específico hacia los países del llamado Triángulo Norte, y los contínuos movimientos migratorios hacia EEUU, González dijo que "la única forma sostenible de prevenir la migración irregular es invertir en las causas raíces, que son la pobreza y la inseguridad".

Recordó que el presidente Biden se ha comprometido dedicar 4,000 millones de dólares durante 4 años de su mandato al fortalecimiento de la región, pero que "eso no tendrá impacto si no hay voluntad política en esos países y un compromiso en contra de la corrupción".

En cuanto a México, refirió que las conversaciones bilaterales "comenzaron muy temprano" sobre cómo manejar la migración de forma responsable, cómo trabajar juntos para invertir en el sur de México y en el triangulo norte para combatir las causas raíces de la inmigración.

González alertó a las personas que están pensando en migrar a Estados Unidos que no lo hagan porque las políticas del presidente Biden solo beneficiarán a las personas que estuvieron en el país desde el primero de enero.

"Los traficantes de personas que están manipulando a personas que están desesperadas en busca de una oportunidad o han sufrido pérdidas en sus hogares por los huracanes, ahora no es el tiempo para venir a Estados Unidos porque no está lista la frontera para procesar individuos y no se beneficiarían de la reforma migratoria", recalcó González.

At State Department Briefing, Asked About Cuba, Spokesperson Answers Without Anything New

United States Department of State
Washington DC
5 February 2021

Mr. Ned Price, Department Spokesperson:

QUESTION: Oh, great, thanks. The EU’s top diplomat, Josep Borrell, called on the Biden administration to reverse Trump’s redesignation of Cuba as a state sponsor of terror. I’m wondering, has the State Department made a decision to do so yet? Or if not, and it’s still under review, what does that review entail, and do you have a timeline on when that review might be wrapped up? Thanks.

MR PRICE: Well, let me speak a little bit about our overall overarching policy when it comes to Cuba, and it’s a policy that will be governed by two principles. First is the support for democracy and human rights. It will be at the core of our efforts through empowering the Cuban people to determine their own future. And second, we believe that Americans, and especially Cuban Americans, are the best ambassadors for freedom and prosperity in Cuba. We’re committed to making human rights a core pillar of our U.S. foreign policy. That certainly applies to Cuba, just as you’ve heard me reference it across the board, and includes redoubling our dedication to human rights throughout our own hemisphere.

Despite, human rights defenders around the world continue to look to the United States to – for support against authoritarian regimes. This is one of those issues that we will continue to rally our allies and partners against. And in the administration we’ve also committed to carefully reviewing policy decisions made in the prior administration, including the decision by the outgoing administration to designate Cuba as a state sponsor of terrorism. I wouldn’t want to go into any further details. But as we take a look at this issue into our broader policy with Cuba, those principles will continue to be front of mind.

The White House
Washington DC
28 January 2021

Press Briefing by Press Secretary Jen Psaki
James S. Brady Press Briefing Room

”Q And if I may ask one more on Cuba: Do you guys plan on starting -- walking back all of those restrictions that were put into place under the Trump administration after the Obama administration had opened things up with Cuba?”

”MS. PSAKI: Well, our Cuba policy is governed by two principles. First, support for democracy and human rights. That will be at the core of our efforts. Second is Americans, especially Cuban Americans, are the best ambassadors for freedom in Cuba. So we'll review the Trump administration policies, as we are in a number of other areas of national security, with an eye to assure -- ensuring that our approach is aligned with that. But, you know, we will take our own path. I don't I don't have anything to predict for you at this point in time.”

United States Department of State
Washington DC
1 February 2021

Secretary Antony J. Blinken With Andrea Mitchell of MSNBC Andrea Mitchell Reports

QUESTION: Will you revoke the terror designation on Cuba?

SECRETARY BLINKEN: So there were a series of actions that the outgoing administration took, including that one, that were – that it took it in the very last days of the administration, steps it could have taken presumably over four years that it took in the last basically four weeks. We’re looking at all of them.

CiberCuba
Valencia, Spain
11 February 2020

CiberCuba interview with Democratic candidate Joe Biden CiberCuba:  

What will be your first step regarding the current policy towards Cuba if you become president of the United States?  

Joe Biden: Trump's policies toward Cuba have been a total failure. The repressions by the regime have only increased under him. As president, my policy will be governed by two principles: first that Americans, Cuban Americans in particular, are the best ambassadors for freedom in Cuba. Second, empowering the Cuban people to determine their own future is critical to the national security of the United States. The situation in Cuba today is not the same as the situation four years ago and I will follow policies that recognize today's environment, starting with the elimination of Trump's restrictions on remittances and travel, which harm the Cuban people and maintain to separated families. I will also address the backlog of more than 20,000 visas that has increased under the Trump administration, demand the release of political prisoners, and defend human rights in Cuba, just as I did when I was vice president.  

CiberCuba: One of the most severe sanctions decreed by Trump has been the prohibitions of regular and chartered flights, and the limitation of remittances to Cuba. What is his plan to reverse both measures?  

Joe Biden: In the midst of a global pandemic, when so many families are deeply shocked, President Trump is denying Cuban Americans the right to support their families on the island. Once again, he makes it clear that his alleged "support" of the Cuban people is nothing more than empty political rhetoric. 

The Trump administration is deporting hundreds of Cubans back to dictatorship. There are nearly 10,000 Cubans languishing in tent camps along the border with Mexico because of Trump's anti-immigrant agenda. And he is separating Cuban families through increasingly severe restrictions on family visits and remittances. None of this helps the Cuban people. None of this has advanced democracy in Cuba. Donald Trump is the worst possible standard-bearer to achieve democracy in Cuba, because he has indulged autocrats around the world, like Vladimir Putin in Russia. Throughout my career I have defended democracy and human rights, freedom of the press, of assembly and religion, and I have fought against dictators on both the left and the right.  

Limitations on remittances in particular only harm Cuban families, especially the elderly and the most vulnerable, both on the island and in our country. Both Americans and Cubans cannot afford four more years of weak leadership, empty words and broken promises from Trump.  

CiberCuba: Changes in immigration policy have led to a concentration of Cubans awaiting an asylum hearing in Mexico, while dozens of others remain arrested in US immigration jails under questionable treatment and the threat of deportation. What would you do in this situation?  

Joe Biden: What the Trump Administration is doing is inconceivable: deporting hundreds of Cubans to a dictatorship and forcing nearly 10,000 Cubans to languish in tent camps along the Mexican border, all to advance the anti-crusade. immigrant from this administration. The United States can defend both the security of our border and our values ​​as a nation of immigrants. We must restore our historic commitment to asylum seekers and refugees. My immigration plan will end Trump's damaging asylum policies, starting with Trump's Migrant Protection Protocols [PPM], and reinstate our asylum laws to do what they should do: protect people fleeing from persecution and that they are unable to return home safely. We will end prolonged detention and for-profit detention centers and reinvest in case management programs, which allow migrants to live in dignity and safety while awaiting their court hearings, and which are the best way to ensure that asylum seekers attend all required immigration hearings. In addition, we will restore sensible enforcement priorities so that hard-working people who have never committed a serious crime are not subject to deportation.  

CiberCuba: One of the fundamental complaints of the Cuban community in the United States is the paralysis of the Family Reunification Program for three years. What can you say to the families who demand the reactivation of this immigration benefit?  

Joe Biden: A Biden and Harris administration will reopen pathways for safe and legal migration from the island, including the Cuban Family Reunification Permit Program (CFRP) and the Cuban refugee program as soon as possible. The oppressive Cuban regime should not prevent Americans - and Cuban Americans in particular - from helping their families and friends in Cuba.  

CiberCuba: The current administration has justified its sanctions against Cuba with the criteria of punishing the military spheres that control tourism and businesses in the country and limiting its support for the Nicolás Maduro regime in Venezuela. What do you think about these sanctions? Would you raise them or negotiate them?  

Joe Biden: Trump's policies have not been successful. Dictators remain entrenched in power in both Cuba and Venezuela. Sanctions are an important tool, but they are not our only tool and must be part of a larger strategy to achieve the results we want. The goal is more freedom for people living under oppressive regimes. If sanctions help advance that goal, I will use them. And unlike Trump, I will protect people fleeing the oppression of these dictatorships. Trump has made it nearly impossible for asylum seekers to even make the legal claim to which they are entitled. President Trump and Senate Republicans have repeatedly refused to grant Temporary Protected Status [TPS] to Venezuelans fleeing the Maduro regime. I will grant them. In Cuba, empowering the Cuban people will be the centerpiece of my approach. And I will ensure that all asylum seekers, including those from Cuba and Nicaragua, are given fair consideration.