U.S. Secretary Of State Blinken Travels "Virtually" To Mexico And Canada: Topics Readout Does Not Include Cuba Or Venezuela

United States Department of State
Washington DC
25 February 2021

Secretary Blinken’s Virtual Travel to Mexico and Canada

Ned Price, Department Spokesperson

Secretary of State Antony J. Blinken will embark tomorrow on his first “virtual trip,” visiting Mexico and Canada on February 26. Secretary Blinken’s virtual travel prioritizes the health and safety of everyone involved, while demonstrating the significance of our partnerships with our neighbors and some of our closest partners.

The United States and Mexico enjoy a strong partnership, and this trip reinforces the importance of that relationship under the Biden Administration. During his trip to Mexico, Secretary Blinken will meet individually with Secretary of Foreign Affairs Marcelo Ebrard and Secretary of Economy Tatiana Clouthier. He will speak with his Mexican counterparts about our bilateral trade relationship, shared security challenges, regional migration, climate change, and other issues of mutual interest. During a visit to the Paso Del Norte port of entry — which links El Paso, Texas, and Ciudad Juarez, Mexico — Secretary Blinken and Foreign Secretary Ebrard will discuss cooperation between Mexico and the United States to manage migration flows and travel across the U.S.-Mexico border.

From Mexico, Secretary Blinken will travel virtually to Canada, with whom we enjoy a close a comprehensive bilateral relationship. We are neighbors, friends, and allies. During his visit, Secretary Blinken will follow up on the outcomes of President Biden’s meeting with Prime Minister Trudeau — his first virtual bilateral meeting as President — including the U.S.-Canada Partnership Roadmap the leaders jointly announced on Tuesday. Secretary Blinken will meet with Prime Minister Justin Trudeau, Foreign Minister Marc Garneau and other cabinet members. They will discuss a common approach to global challenges such as protecting our citizens from the pandemic and reinvigorating our economies, taking bold action on climate change, defending human rights in the Western Hemisphere and around the world, and bolstering our shared defense and security. Secretary Blinken will also meet with students to discuss opportunities and policy options for our two nations.

President Biden Continues National Emergency With Respect To Cuba

The White House
Washington DC
24 February 2021

NOTICE

CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO CUBA AND OF THE EMERGENCY AUTHORITY RELATING TO THE REGULATION OF THE ANCHORAGE AND MOVEMENT OF VESSELS

On March 1, 1996, by Proclamation 6867, a national emergency was declared to address the disturbance or threatened disturbance of international relations caused by the February 24, 1996, destruction by the Cuban government of two unarmed United States-registered, civilian aircraft in international airspace north of Cuba. On February 26, 2004, by Proclamation 7757, the national emergency was expanded to deny monetary and material support to the Cuban government. On February 24, 2016, by Proclamation 9398, and on February 22, 2018, by Proclamation 9699, the national emergency was further modified based on continued disturbances or threatened disturbances of the international relations of the United States related to Cuba. The Cuban government has not demonstrated that it will refrain from the use of excessive force against United States vessels or aircraft that may engage in memorial activities or peaceful protest north of Cuba.

Further, the unauthorized entry of any United States-registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the United States because such entry could facilitate a mass migration from Cuba. It continues to be United States policy that a mass migration from Cuba would endanger United States national security by posing a disturbance or threatened disturbance of the international relations of the United States.Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency with respect to Cuba and the emergency authority relating to the regulation of the anchorage and movement of vessels set out in Proclamation 6867, as amended by Proclamation 7757, Proclamation 9398, and Proclamation 9699.This notice shall be published in the Federal Register and transmitted to the Congress.

JOSEPH R. BIDEN JR.
THE WHITE HOUSE
February 24, 2021

According To Libertad Act Court Filing, Carnival Corporation President/CEO Lobbied U.S. Secretary Of State Mike Pompeo About Cuba Operations

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’ REPLY IN SUPPORT OF MOTION TO COMPEL AND MEMORANDUM OF LAW ON CARNIVAL’S WAIVER OF ATTORNEY-CLIENT PRIVILEGE

Excerpts:

Carnival Corporation (“Carnival”), in shotgun fashion, has lodged twenty-nine affirmative defenses to the sole count asserted in Plaintiff Havana Docks Corporation’s (“Havana Docks”) second amended complaint.1 (D.E. 160 at 18-23.) As observed at the January 11th hearing in this case, many of these defenses are not defenses at all and should be withdrawn.2 Two of these improper defenses inject Carnival’s corporate state of mind and are therefore pertinent to Havana Docks’ motion to compel (the “Motion,” D.E. 202): the “Fourth Defense—Due Process” and the “Thirteenth Defense—Lack of Intent.”

If this case is tried, Carnival will parade out its legal department, one by one, to testify about OFAC regulations and Carnival’s purported compliance with them, and then present its CEO to testify about how the Obama Administration allegedly “encouraged” Carnival to go to Cuba. But Carnival has known about its obligations under the LIBERTAD Act and Havana Docks for many years. (Mot. at 9-11.) And through discovery in this case it is apparent that Carnival was counseled that its conduct on the Subject Property was not as lawful as it now claims in this litigation.

For example, if Carnival truly believed that its conduct on the Subject Property was lawful under the LIBERTAD Act such that it actually relied on executive branch regulations and representations to insulate it from liability under that law, then why would Carnival’s President and CEO, Arnold Donald, be lobbying the Secretary of State in February 2019 for an “enabling order policy or rule” to “clarify the lawful travel exclusion [under the LIBERTAD Act] applies to cruise ships calling at Cuban ports”? (D.E. 202-6.). [NOTE: D.E. means Docket Entry; 202-6 is currently sealed and unknown if request was by plaintiff or defendant.]

By the same token, if Carnival truly believed that its conduct on the Subject Property was lawful under the LIBERTAD Act, then why would [FOUR LINES OF REDACTED TEXT].

Contrary Carnival’s position in this litigation, someone clearly was advising Mr. Arison and Mr. Donald that Carnival’s conduct was not lawful under the LIBERTAD Act. It would be manifestly unfair to allow Carnival to create a false narrative through its presentation of “objective” evidence of Government representations, while depriving Havana Docks of the ability to rebut that showing by demonstrating that Carnival knew that, regardless of what the executive branch said or did, operating on confiscated property subject to a certified claim would expose it to liability under the LIBERTAD Act.

As set forth above and in the Motion, Carnival injected its knowledge of the law into this case. Havana Docks, thus, respectfully requests that the Court order Carnival to produce withheld evidence reflecting its knowledge of the LIBERTAD Act and OFAC regulations.

LINK To Court Filing (22 February 2021)

Libertad Act Suspension History

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

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

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

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

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

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

LINK To Libertad Act Lawsuit Statistics

President Biden & Prime Minister Trudeau- No Spoken Statements About Cuba Or Venezuela; Venezuela Mentioned In Written Statement; President Biden Personal Note About Juan Gonzalez

The White House
Washington DC
23 February 2021

FOR IMMEDIATE RELEASE
Remarks by President Biden and Prime Minister Trudeau of Canada Before Virtual Bilateral Meeting
Roosevelt Room (4:16 P.M. EST)

PRESIDENT BIDEN: Well, before we go on, I want to make sure you know Anthony Blinken, our Secretary of State, sitting here. And the fellow down here on the right hand side is a guy named Jake Sullivan, and he's the National Security Advisor. And the National Security Council Senior Director for Western Hemisphere, Juan Gonzalez, who usually speaks Spanish to me, which I have trouble with as well.

NOTE: Juan Gonzalez is Special Assistant to the President and Senior Director for the Western Hemisphere at the National Security Council (NSC) in The White House

I told you, Mr. Prime Minister, I took five years of French in school and college, as well. And when I -- every time I tried to speak it, I'd make such a fool of myself, I stopped trying. At least when I try Spanish and I make a fool of myself, they laugh with me. At any rate, thank you very much. And the press is about to leave the room here, and we can get to business.

Roadmap for a Renewed U.S.-Canada Partnership
Building Global Alliances

”The Prime Minister and the President affirmed their shared commitment to addressing global challenges, and reiterated their firm commitment to the United Nations, G7 and G20 as well as NATO, the WTO, and the Five Eyes community.

The two leaders discussed their shared concern about Russia’s egregious mistreatment of Aleksey Navalny and its repression of democratic processes, gross violation of Ukraine’s sovereignty and territorial integrity, and destabilizing policies around the world. They also reviewed the situations in Venezuela, Myanmar, Iran, Yemen, and the Middle East.”

Left To Right: Jake Sullivan, National Security Advisor; Vice President Kamala Harris; President Joe Biden; Secretary of State Antony Blinken; Senior Director Western Hemisphere Affairs at The National Security Council Juan Gonzalez.

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

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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