Teck Resources Of Canada In Libertad Act Lawsuit Argues That Plaintiff "fails to identify any jurisdictionally meaningful activities"

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

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

LINK TO: Defendant Teck Resources Limited’s Notice Of Filing Supplement To Its Response To Motion For Reconsideration And Leave To Amend, And Memorandum Of Law In Support Thereof (6/23/21)

Excerpts:

HRGC argued to this Court that the evidence regarding “Red Dog” was “newly discovered” hoping to convince this Court that the Purported New Evidence was not previously available.

HRGC’s assertion is simply untrue.

Red Dog was formed in 1989 and the information that HRGC now suggests only recently became available has been easily and publicly available for many years. See Exs. A-E. Thus, while this evidence may be new to HRGC because it failed to perform diligence at any earlier time (which seems to be the case for many of the issues before this Court), the information was readily available to anyone who visited the websites of the U.S. Securities and Exchange Commission (www.sec.gov) or Teck itself (www.teck.com), or elsewhere on the Internet. Plaintiff’s evident failure to exercise diligence does not transmute readily available information into newly discovered evidence appropriate for a motion for reconsideration.

Seaboard Marine In Libertad Act Lawsuit Argues As Other Defendants Have- Plaintiffs Did Not Own Claim Before 12 March 1996

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)
Barakat Law (plaintiff)
Morgan, Lewis & Bockius LLP (defendant)

LINK TO: Defendant’s Reply In Support Of Motion To Dismiss Plaintiffs’ Amended Complaint (5/11/21)

Excerpts:

Even so, Plaintiffs argue that the allegation that Seaboard operated one vessel to the Port of Mariel a few weeks after the initial Complaint was served “defeats Seaboard’s claims.” (Opp’n 21–22.) The operative complaint does not allege that the initial Complaint’s allegation provided Seaboard with the requisite knowledge. Nor could it. The initial Complaint does not identify the Port of Mariel (or the container terminal) as property confiscated by the Cuban Government and to which Plaintiffs own a claim.

Second, Plaintiffs identify no allegation of activity by Seaboard that amounts to trafficking “through the ZEDM.”

Lastly, the Opposition does not address, and therefore concedes,7 that there are no allegations showing Seaboard’s scienter as to trafficking through the ZEDM. There are no facts alleged to show that Seaboard knew or had reason to know that the ZEDM trafficked in confiscated property and that Seaboard intended to cause, direct, participate in, or profit from that activity. (Mot. 12.) For this additional and independent reason, Plaintiffs have failed to allege that Seaboard trafficked through the ZEDM.

Lest there be any doubt, courts have unanimously held that plaintiffs that acquire a claim to confiscated property by inheritance must have done so before March 12, 1996.

Plaintiffs argue that the estates acquired claims to confiscated property before March 12, 1996 because the estates “maintain[ed] the original acquisition date [by the Rosell Siblings] of the confiscated property.” (Opp’n at 3.) But the caselaw is clear that property does not become part of an estate until the death of the decedent. (Mot. at 16); see also Sharps v. Sharps, 214 So. 2d 492, 495 (Fla. 3rd DCA 1968) (applying rule). Plaintiffs identify no caselaw to the contrary.

Because the estates did not acquire claims to the confiscated property before March 12, 1996, they cannot bring Title III claims.

With Rally In Ohio, President Trump Seeking To Extract 10% Of Cuban-American Representation In 118th United States Congress

The Honorable Donald Trump, 45th President of the United States (2017-2021) attended a rally on 26 June 2021 at the Lorain County fairground located in Wellington, Ohio, approximately forty miles southwest of Cleveland, Ohio.

The rally was to support the candidacy of Mr. Max Miller, a former staff member at The White House, who is seeking the 2022 nomination of the Republican Party for the 16th District from Ohio in the United States House of Representatives.

Former President Trump is supporting Mr. Miller rather than the incumbent, The Honorable Anthony Gonzalez (Ohio; R-16th) who is serving a second term and is of Cuban descent. Representative Gonzalez voted in January 2021 to impeach then-President Trump.

The current “Cuban-American” representation in the 117th United States Congress:

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)

LINK To Previous Post:
President Trump Seeking To Oust Cuban-American Member Of Congress; Exacting Revenge More Important Than Number Of Cuban-Americans In Congress? [March 17, 2021]

Was Money Paid? LafargeHolcim Of Switzerland Reports First Libertad Act Lawsuit Settlement To Court; Both Sides To "Bear Its Own Attorney's Fees, Costs And Expenses"

UPDATE: Statement received on 30 June 2021 from LafargeHolcim: "The parties, with the assistance of Philips ADR, are pleased to have reached an agreement resolving this matter. The terms of the agreement are confidential and we decline to comment further."

WILLIAM H. CLAFLIN ET AL V. LAFARGEHOLCIM LTD; INVERSIONES IBERSUIZAS S.A.; HOLCIM TRADING SA (F/K/A) UNION MARITIMA INTERNACIONAL SA; DE RUITER OUDERLANDE B.V.; LAS PAILAS DE CEMENTO S.A.U.; and UNKNOWN SUBSIDIARY OF THE LAFARGEHOLCIM GROUP [1:20-cv-23787; Southern Florida District].

Berliner Corcoran & Rowe LLP (plaintiff)
Roig Lawyers (plaintiff)
Fields PLLC (plaintiff)
Roig, Tutan, Rosenberg, Martin & Bellido (plaintiff)
Wilkie, Farr & Gallagher (defendant)

JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE (06/22/21)

IT IS HEREBY STIPULATED AND AGREED by and between the parties through undersigned counsel that the above-captioned action is dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The parties further stipulate that each party shall bear its own attorneys’ fees, costs and expenses.

PLAINTIFFS’ AMENDED STATUS REPORT REGARDING SERVICE UPON FOREIGN DEFENDANTS (06/18/21)

Plaintiffs, through their undersigned counsel, respectfully submit their Amended Status Report Regarding Service Upon Foreign Defendants. On June 1, 2021, pursuant to the Court’s May 26, 2021 Order (Dkt. 39), Plaintiffs submitted their Status Report Regarding Service Upon Foreign Defendants (Dkt. 41), reporting, inter alia, “[t]hat the process of serving the remaining foreign defendants remains underway.” The foreign defendants who have not been served are Inversiones Ibersuizas S.A.; Holcim Trading SA (F/K/A) Union Maritima Internacional SA; de Ruiter Ouderlande B.V.; and Las Pailas de Cemento S.A.U. (“Foreign Defendants”).*In addition, Plaintiffs informed the Court that Plaintiffs and LafargeHolcim had “reached an agreement in principle to settle this action in its entirety” and that the parties were “working diligently to consummate their settlement agreement and expect that the agreement will be completed on or before June 28, 2021.” (Dkt. 41). * Plaintiffs did not request that Clerk of the Court issue a summons to Defendant Unknown Subsidiary of the LafargeHolcim Group.

The settlement was finalized on June 17, 2021. Immediately after the settlement was finalized, Plaintiffs’ counsel instructed Plaintiffs’ vendor, TransPerfect Legal Solutions, to request cancellation of Hague Convention service upon the Foreign Defendants. TransPerfect has confirmed that its foreign partner has requested cancellation of service upon the Foreign Defendants.

LINK TO: With First Libertad Act Lawsuit Settlement, How Will Effectiveness And Deterrence Be Measured? Has It Worked? May Never Know… That’s A Problem. Settlements Must Be Disclosed (20 June 2021)

Judge Orders Discovery Process To Continue In Royal Caribbean Cruises Libertad Act Lawsuit

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 Interim Order On Plaintiff’s Motion To Compel

Excerpts

This cause is before the Court on Havana Docks Corporation’s (“Plaintiff”) Motion to Compel Production of Evidence Withheld Under the Attorney-Client Privilege and Work Product Doctrine (ECF No. 86). Upon review of the Motion, Defendant’s Response in Opposition (ECF No. 91), and Plaintiff’s Reply (ECF No. 92), the Court has determined an in camera review of certain documents is necessary to make its privilege determination.

Specifically, Plaintiff seeks otherwise responsive documents related to exchanges with COMAR, S.A., claiming that COMAR is a department of the Cuban Government and thus Defendant’s expectation of confidentiality in such communications was unreasonable under the circumstances; it avers that a subset of these communications should not be protected in any event because they reflect business rather than legal advice (ECF No. 86 at 10, 13). Defendant avers in response that it retained COMAR to, in relevant part here, provide legal advice and opinions to Defendant and to represent Defendant regarding its business activity in Cuba (ECF No. 91 at 13-14).

Defendant argues further that it reasonably relied on this belief the communications were confidential and thus should be permitted to withhold the 755 documents in question because they protected by attorney-client privilege (id.). (ECF No. 91 at 13-14). Plaintiff maintains that COMAR was appointed by the Cuban government to represent Defendant in negotiations with the Cuban government, and Defendant, knowing these facts, had sufficient reason to question the loyalty of COMAR as to render any assumption of confidentiality unreasonable (ECF No. 92 at 8-9). Plaintiff also asserts that Defendant has offered no evidence to rebut the contention that COMAR represented parties on both sides of Defendant’s negotiations with the Cuban government, nor evidence to permit the conclusion that all of the communications at issue were legal advice (id. at 9-10).

I find that an in camera inspection is warranted. The resort to in camera to inspect the content of the communications does not here implicate an impermissible attempt to shift the burden to the Court to determine that which the privilege holder should have established through affidavits. See MapleWood Partners, L.P. v. Indian Harbor Ins. Co., 295 F.R.D. 550, 627 (S.D. Fla. 2013) (explaining circumstances under which court should decline invitation to conduct in camera review to resolve privilege disputes).

Defendant here asserts that it entered into an attorney-client relationship with COMAR and offers a supporting affidavit as well as an executed copy of the written service agreement outlining the scope of COMAR’s representation, which refers to the legal advice and opinions to be provided by COMAR, and, says Defendant, includedan express statement that the services to be performed were deemed confidential (ECF No. 91 at 14). The description of withheld documents Defendant offers here to support its privilege claim, however, invokes generic recitations that COMAR provided legal advice and leaves out details that would fully explain Defendant’s relationship with COMAR (ECF No. 86-5). Put differently, Defendant’s facts lack sufficient specificity to carry its burden, particularly in light of the fact that COMAR is not a private law firm, was appointed by the Cuban government, and, further, the service agreement is not limited to the provision of legal services.

At United Nations, Biden-Harris Administration Continues Trump-Pence Administration Position On Cuba; Reversing Obama-Biden Administration 2016 Vote. Cuba Advocates Should Remain Worried

Today, the Biden-Harris Administration (2021- ) reversed the 2016 vote (to abstain) of the Obama-Biden Administration (2009-2017) and continued the position (to vote against) of the Trump-Pence Administration (2017-2021) at the United Nations General Assembly.

The vote reflects continuity for the Biden-Harris Administration which since taking office on 20 January 2021 has not reversed any Trump-Pence Administration decisions relating to the Republic of Cuba which were reversals-plus of decisions taken by the Obama-Biden Administration.

Rodney Hunter
Political Coordinator
New York, New York
June 23, 2021

AS DELIVERED

Thank you, Mr. President, and thank you, members of the General Assembly. The United States stands with the Cuban people and seeks to support their pursuit of freedom, prosperity, and a future of greater dignity.

As with other Member States, the United States determines its conduct of economic relationships with other countries in accordance with its national interests. Sanctions are a legitimate way to achieve foreign policy, national security, and other national and international objectives, and the United States is not alone in this view or in this practice.

Sanctions are one set of tools in our broader effort toward Cuba to advance democracy, promote respect for human rights, and help the Cuban people exercise the fundamental freedoms enshrined in the Universal Declaration of Human Rights. We therefore oppose this resolution.

We recognize the challenges the Cuban people face. That is why the United States is a significant supplier of humanitarian goods to the Cuban people and one of Cuba’s principal trading partners. Every year, we authorize billions of dollars worth of exports to Cuba, including food and other agricultural commodities, medicines, medical devices, telecommunications equipment, consumer goods, and other items to support the Cuban people.

Advancing democracy and human rights remain at the core of our policy efforts toward Cuba. We are engaging directly with a large swath of Cuban civil society, empowering the Cuban people to determine their own futures. We are also engaging directly with the Cuban government to denounce abuses and push for reform. The United States stands with all who defend freedom in Cuba.

Cubans, as all people, deserve the right to freedom of expression, assembly, and culture. No government should silence its critics through violations of their human rights. We celebrate the diverse backgrounds and ideas of Cuban artists, entrepreneurs, religious leaders, human rights defenders, journalists, and environmental activists – just a few of the many people in Cuba with a strong voice and a desire to be heard.

The United States opposes this resolution. We encourage this body to support the Cuban people in their quest to determine their own future. Thank you, Mr. President.

Ambassador Samantha Power
U.S. Permanent Representative to the United Nations
U.S. Mission to the United Nations
New York City
October 26, 2016

“For more than 50 years, the United States had a policy aimed at isolating the government of Cuba. For roughly half of those years, UN Member States have voted overwhelmingly for a General Assembly resolution that condemns the U.S. embargo and calls for it to be ended. The United States has always voted against this resolution. Today the United States will abstain. [Applause.]

Thank you. Let me explain why. In December 2014, President Obama made clear his opposition to the embargo and called on our Congress to take action to lift it. Yet while the Obama Administration agrees that the U.S. embargo on Cuba should be lifted, I have to be clear, we don’t support the shift for the reason stated in this resolution. All actions of the United States with regard to Cuba have been and are fully in conformity with the UN Charter and international law, including applicable trade law and the customary law of the sea. We categorically reject the statements in the resolution that suggest otherwise.

But the resolution voted on today is a perfect example of why the U.S. policy of isolation toward Cuba was not working – or worse, how it was actually undermining the very goals it set out to achieve. Instead of isolating Cuba, as President Obama has repeatedly said, our policy isolated the United States. Including right here at the United Nations.

Under President Obama, we have adopted a new approach: rather than try to close off Cuba from the rest of the world, we want the world of opportunities and ideas open to the people of Cuba. After 50-plus years of pursuing the path of isolation, we have chosen to take the path of engagement. Because, as President Obama said in Havana, we recognize that the future of the island lies in the hands of the Cuban people, of course.

In the nearly two years since President Obama announced the shift in our approach, we have amended the regulations implementing the embargo six times – most recently on October 14 – finding ways to increase engagement between our governments and our people. We have re-established diplomatic relations with the Government of Cuba; re-opened embassies in our respective capitals; resumed regularly scheduled commercial flights between the U.S. and Cuba; facilitated people-to-people travel; eased restrictions on American businesses and entrepreneurs who want to do business in Cuba; and stopped limiting how often Cuban Americans can visit their families on the island. President Obama memorably became the first sitting U.S. President to visit Cuba since 1928; and, in a much more modest journey here in New York, I made the first visit by a U.S. Ambassador to the UN to Cuba’s mission to the United Nations since the Cuban revolution. Today, we add to that list the first-ever U.S. abstention on the UN General Assembly resolution calling for the embargo to be ended.

Abstaining on this resolution does not mean that the United States agrees with all of the policies and practices of the Cuban government. We do not. We are profoundly concerned by the serious human rights violations that the Cuban government continues to commit with impunity against its own people – including arbitrarily detaining those who criticize the government; threatening, intimidating, and, at times, physically assaulting citizens who take part in peaceful marches and meetings; and severely restricting the access that people on the island have to outside information.

As President Obama made clear when he traveled to Havana, we believe that the Cuban people – like all people – are entitled to basic human rights, such as the right to speak their minds without fear, and the right to assemble, organize, and protest peacefully. Not because these reflect a U.S.-centric conception of rights, but rather because they are universal human rights – enshrined in the UN Charter and in the Universal Declaration of Human Rights – which all of our 193 Member States are supposed to respect and defend. Rights that are essential for the dignity of men, women, and children regardless of where they live or what kind of government they have.

Let me be among the first to acknowledge – as our Cuban counterparts often point out – that the United States has work to do in fulfilling these rights for our own citizens. And we know that at times in our history, U.S. leaders and citizens used the pretext of promoting democracy and human rights in the region to justify actions that have left a deep legacy of mistrust. We recognize that our history, in which there is so much that makes us proud, also gives us ample reason to be humble.

We also recognize the areas in which the Cuban government has made significant progress in advancing the welfare of its people, from significantly reducing its child mortality rate, to ensuring that girls have the same access to primary and secondary school as boys.

But none of this should mean that we stay silent when the rights of Cuban people are violated, as Member States here at the United Nations have too often done. That is why the United States raised these concerns directly with the Cuban government during our historic dialogue on human rights in Havana on October 14, which shows that, while our governments continue to disagree on fundamental questions of human rights, we have found a way to discuss these issues in a respectful and reciprocal manner. We urge other Member States to speak up about these issues as well.

The United States believes that there is a great deal we can do together with Cuba to tackle global challenges. That includes here at the United Nations, where the decades-long enmity between our nations has at best been a distraction – and at worst, an obstacle – to carrying out some of the most important work of this institution and helping the world’s most vulnerable people.

Let me close by giving just one example – a very moving example. In 2014, we were confronted with the deadliest outbreak of Ebola in our planet’s history. The most dire projections estimated that more than a million people could be infected within a few months. Yet while experts made clear that the only way to stop the epidemic was to confront it at its source, the international community was slow to step up. Many were paralyzed.

It was in that context that President Obama decided to deploy more than 3,000 U.S. personnel to the epicenter of the outbreak, where they joined hundreds of Americans working for non-governmental organizations and humanitarian agencies in the hardest hit areas. President Obama also set about rallying other Member States to do their part. One of the very first countries to step forward was Cuba, which sent more than 200 health professionals to the region – an awe-inspiring contribution for a country of just 11 million people.

One of them was a 43-year-old Cuban doctor named Felix Sarria Baez, who was dispatched to an Ebola Treatment Unit in Sierra Leone. In the course of treating those infected, Dr. Baez came down with the symptoms of the virus – and he quickly went from being the doctor to being a patient. As his condition deteriorated, he was airlifted to Geneva, where, for two days, he drifted in and out of consciousness. He nearly died, yet miraculously he pulled through, and eventually returned to Havana, where he says he regained his strength by cradling his two-year-old son.

I’d like you to think, just for one moment, about what it took to save the life of Dr. Baez – a man who risked his life to save people from a country on the other side of the world. He was initially treated in the clinic where he worked, which had been built with the help of a U.S.-based NGO. From there, he was transported to a clinic run by doctors from the British ministry of defense. Then he was airlifted to Switzerland aboard a medical transport plan operated by an American charter service. Upon arriving at the hospital in Geneva, he was treated by Swiss doctors with a Canadian-developed experimental treatment.

Look at all the nations that played a part in saving the life of that brave doctor – a doctor who, after recuperating in Havana, actually chose to return to Sierra Leone, so that he could rejoin his colleagues in the field, saving the lives of Sierra Leoneans. Dr. Baez and all his colleagues belonged to Cuba’s Henry Reeve Contingent – which responds to international disasters and epidemics – and takes its name from a young American born in Brooklyn, who at the age of 19 traveled to the Cuba to join the country’s struggle for independence, and gave his life in 1876 fighting alongside Cubans for their freedom.

When Dr. Baez returned to Sierra Leone, he was asked why he had come back after all he had been through. He said, simply, “I needed to come back. Ebola is a challenge that I must fight to the finish here, to keep it from spreading to the rest of the world.”

That – what I’ve just described – is what the United Nations looks like, when it works. And noble efforts like these are precisely why the United States and Cuba must continue to find ways to engage, even as our differences persist. Today, we will take another small step to be able to do that. May there be many, many more – including, we hope, finally ending the U.S. embargo once and for all. I thank you.”

NEW YORK, June 23 (Reuters) - U.S. President Joe Biden's administration on Wednesday continued Washington's tradition of voting against an annual United Nations General Assembly resolution calling for an end to a U.S. economic embargo on Cuba.

The resolution was adopted for the 29th time with 184 votes in favor, three abstentions and two no votes - the United States and Israel. The U.N. vote can carry political weight, but only the U.S. Congress can lift the more than 50-year-old embargo.

The United States consistently voted against the U.N. resolutions for 24 years but abstained for the first time in 2016 under former President Barack Obama, as Washington and Havana forged a closer relationship. Washington then returned to opposing the resolution under President Donald Trump's administration. Trump also rolled back nearly all measures Obama had taken to ease the embargo and improve ties between the United States and its old Cold War foe.

Will Cuba Seek EUA From United States FDA? Not Required, But Politically Might Be Prudent Marketing Strategy To Reinforce What Cuba Can Do Under Sanctions

With questions about efficacy enveloping the Republic of Cuba's entries into the COVID-19 vaccine global marketplace, Republic of Cuba manufacturers should consider seeking EUA from the Biden Administration. One candidate to provide assistance who already has an OFAC license to conduct clinical trials for a cancer vaccine is Buffalo, New York-based Roswell Park Comprehensive Cancer Center. Or, the manufacturers could retain legal counsel to assist with the process.

U.S. Food & Drug Administration- Washington DC

About Emergency Use Authorizations (EUAs) LINK To FDA

The Emergency Use Authorization (EUA) authority allows FDA to help strengthen the nation’s public health protections against chemical, biological, radiological, and nuclear (CBRN) threats including infectious diseases, by facilitating the availability and use of medical countermeasures (MCMs) needed during public health emergencies.

Under section 564 of the Federal Food, Drug, and Cosmetic Act (FD&C Act), when the Secretary of HHS declares that an emergency use authorization is appropriate, FDA may authorize unapproved medical products or unapproved uses of approved medical products to be used in an emergency to diagnose, treat, or prevent serious or life-threatening diseases or conditions caused by CBRN threat agents when certain criteria are met, including there are no adequate, approved, and available alternatives. The HHS declaration to support such use must be based on one of four types of determinations of threats or potential threats by the Secretary of HHS, Homeland Security, or Defense.

Please note: a determination under section 319 of the Public Health Service Act that a public health emergency exists, such as the one issued on January 31, 2020, does not enable FDA to issue EUAs. On February 4, 2020, the HHS Secretary determined that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad, and that involves the virus that causes COVID-19. Subsequent HHS declarations supporting use of EUAs and based on this determination are described in the blue boxes below.

Havana, Jun 24 (EFE) .- Cuba will begin the process to certify its Covid-19 vaccines Abdala and Soberana 02 with the World Health Organization (WHO) as soon as they are approved by its national regulatory body, after finding them 92 percent and 62 percent effective in clinical trials, respectively. “We have maintained exchanges with the WHO and PAHO (Pan American Health Organization) and we keep them informed of the progress of the results that we have obtained. The dialog is permanent. We, of course, have already communicated with the PAHO office,” said the director of science and innovation of the state group Biocubafarma, Rolando Pérez, in a press conference Thursday. The WHO establishes that for a vaccine candidate to be considered, it must demonstrate an efficacy equal to or greater than 50 percent.

Soberana 02, from the Finlay Institute of Vaccines (FIV), showed 62 percent efficacy with a two-dose schedule in a trial with 44,010 volunteers, while Abdala, from the Center for Genetic Engineering and Biotechnology (CIGB), was tested with a sample of 48,000 people in a three-dose schedule and reached an efficacy of 92.2 percent, according to data released by these institutions.

The main directors of Biocubafarma, the CIGB and the IFV indicated that the dossier to request the emergency use of Abdala has already been presented to the Center for State Control of Medicines, Equipment and Medical Devices, while that of Soberana 02 will take place in the next few days. Once this authorization is obtained, its mass rollout will begin in Cuba, which maintains its objective of immunizing the entire population of 11.2 million this year and hopes to become the first country in the world to immunize its entire population with its own vaccines. That step will also make them the first coronavirus vaccines developed in Latin America.

Nations such as Venezuela, Argentina, Mexico and Vietnam had already shown interest in having potential Cuban vaccines in recent months, while Iran – where Sovereign 02 was also tested – has announced the imminent emergency use of that formula, which was renamed Pasteur. On Thursday a donation of 30,000 doses of Abdala also arrived in Venezuela, a country that wants to buy 12 million units.

However, the president of Biocubafarma, Eduardo Martínez, regretted that in the leap from large-scale manufacturing the island has run into “serious logistical difficulties” due to not being able to have all the necessary supplies and materials. The scientists attributed these problems in part to the United States embargo and in part to the shortage of these products due to high demand during the pandemic, although for now they maintain their goal of producing millions of doses with which they hope cover both domestic and export demand.

The two formulas are already being administered to Cubans under health intervention studies and in parallel with clinical trials as a strategy to curb infections on the island, which is in its the third and worst wave of the pandemic. More than 2.2 million people have received at least one dose of Abdala or Soberana 02. The Caribbean country has accumulated 174,789 cases and 1,209 deaths from Covid-19 to date, according to data from the Ministry of Public Health.

Prensa Latina News Agency- Havana, Republic of Cuba

Havana, June 22 (Prensa Latina) Varied foreign press media highlighted today the news that Cuba´s anticovid vaccine candidate Abdala, reached 92.28 percent of effectiveness in clinical studies, phase III.

Engineered by the Biotechnology and Genetic Engineering Center (BGEC), the drug showed these numbers in its three-dose program, fulfilling the requirements by World Health Organization (WHO) to become a vaccine. The good news of this drug´s effectiveness transcended borders this Monday and many have been the acknowledgements abroad.

Listín Journal newspaper, CDN and NDigital television chains, from Dominican Republic, published the information broadcast yesterday and highlighted the Cuban achievement, specifying that Abdala gets to be the second vaccine candidate from the Caribbean island to meet the requirements set by WHO.

The news was also shown in television chains like CNN in Spanish, Russia Today, Latin American subscription German television chain DW Español, North American newspaper The New Herald, and many more.

Abdala´s good news is added to the previous one reported by the Finlay Vaccine Institute (FVI) from the Caribbean island last Saturday that Soberana 02 had reached a 62 percent of effectiveness in the two-dose plan. Such variable remains to be checked in the three-dose plan formula, last from which is Soberana PLUS, by FVI as well.

After learning results from Abdala, president of the Republic Díaz-Canel highlighted the achievement on his twitter account. ¨I think of (José) Martí, who wrote that ¨it is not the acquired and casual intelligence that brings honor to men; but the way they use it and save it. There is but one way to live on, that is to serve¨.

And it is that Abdala carries the name of a poem from Cuba´s National Hero, and it carries its image in the Revolution Square in Havana in the graphic label. Cuban authorities have announced that in a couple of weeks, they hope to ask the Medical Devices and Drug Control State Center, the regulating authority, for the permission to use the emergency vaccines.

The New York Times

New York, New York

22 June 2021

Cuba reports a high success rate for its homegrown Abdala vaccine.

By Ed Augustin

Cuba began its Covid-19 mass vaccination campaign more than a month ago with homegrown, unproven vaccines, wagering that they would prove effective enough to blunt the rapid spread of the coronavirus on the cash-strapped Caribbean island. The gamble appears to be paying off.

The Cuban health authorities said on Monday that their country’s three-shot Abdala vaccine had proved about 92 percent effective against the coronavirus in late-stage clinical trials.

Throughout the pandemic, Cuba has declined to import foreign vaccines while striving to develop its own, the smallest country in the world to do so.

The announcement places Abdala among the most effective Covid vaccines in the world, according to data from clinical trials, on a par with Pfizer-BioNTech’s 95 percent rate, Moderna’s 94.1 percent, and Russia’s Sputnik V at 91.6 percent. On Saturday, Cuba’s state-run biotech corporation, BioCubaFarma, said that another of its vaccines, Sovereign 2, had 62 percent efficacy after two of its three required doses. Results for the full three doses are expected in the next few weeks.

The vaccine news was seen as a rare cause for celebration on an island that has been hammered both by the pandemic, which has devastated its tourism industry, and by Trump-era economic sanctions that have not been eased by the Biden administration.

Cuba is currently experiencing its worst coronavirus outbreak since the start of the pandemic. It reported 1,561 new cases on Monday, a record. In May the health authorities began a mass vaccination campaign in Havana before the completion of Phase 3 trials, which assess a vaccine’s effectiveness and safety. The emergency step was intended to help combat the Beta variant, first detected in South Africa, which was spreading rapidly in the Cuban capital. Close to one million Cubans — about 9 percent of the national population — have now received all three doses of either Abdala or Sovereign 2, according to official figures. Officials say they are seeing a slowing of the virus’s spread in Havana, where vaccinations have been concentrated so far.

Countries including Mexico, Argentina, Vietnam and Iran have expressed interest in Cuba’s coronavirus vaccines. The high announced rate of efficacy could reinforce hopes that biotechnology exports will help lift Cuba from the depths of its economic crisis.

Libertad Act Lawsuit Against Pernod Ricard Dismissed- Plaintiff Argument About Duty Free Sales Don't Sway Court

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

IPS Legal Group, P.A. (plaintiff)

Law Offices of Andre G. Raikhelson LLC (plaintiff)

Ainsworth & Clancy PLLC (plaintiff)

Carlton Fields P.A. (defendant)

Carlton Fields Jorden Burt, P.A. (defendant)

LINK To Order (6/17/21)

Excerpts:

Defendant moved to dismiss the First Amended Complaint, in part, on the grounds that the Court lacked personal jurisdiction over Defendant. Pernod is a French corporation organized under foreign law. Its principal place of business is located at 12 Place des Etats-Unis, 75783 Paris Cedex 16, France. And while Pernod is a foreign publicly traded company that, through its subsidiaries, does business in the State of Florida, Pernod does not maintain a registered agent in the State of Florida. Consequently, the Court found that Defendant’s contacts with the State of Florida alone were insufficient to establish the general jurisdiction requirements of the Florida Long Arm statute over Defendant. Furthermore, in dismissing the First Amended Complaint, the Court found that Plaintiffs failed to sufficiently allege an alter-ego theory. However, even if Plaintiffs had sufficiently alleged that Pernod USA was the alter ego of Defendant Pernod for purposes of satisfying Florida’s long-arm requirement of “substantial and not isolated activity” in the state, Pernod’s connections with Florida are not “so ‘continuous and systematic’ as to render [it] essentially at home” here.

The Court acknowledges that the Plaintiffs did add an allegation that one of Defendant’s United States subsidiaries “allows international travelers departing from the Miami Airport . . . to purchase Havana Club and Martell Cohiba Cognac, duty free.” (DE 57 ¶ 31). And in response to the Motion to Dismiss, Plaintiffs argue “Defendant’s action of marketing, selling, and distributing the Havana Club rum through PRSA’s web site to Florida Residents is more than sufficient to establish the minimum contacts necessary to enable Florida courts to exercise personal jurisdiction over Defendant.”

However, Plaintiffs fail to appreciate the fact that this allegation and argument regarding duty-free shops in international airports and generally accessible websites would render foreign corporations subject to personal jurisdiction in nearly every major city in the United States where a consumer has access to an airport and the internet. Courts in this circuit have routinely found that general and specific personal jurisdiction cannot be premised on allegations of similar or even more substantial contacts than these.

Accordingly, for the reasons set forth above and in the Court’s order dismissing the First Amended Complaint (DE 55), it is ORDERED AND ADJUDGED that Defendant’s Motion to Dismiss (DE 64) for lack of personal jurisdiction is GRANTED. Plaintiffs’ Second Amended Complaint is DISMISSED for lack of personal jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(2). All pending motions are DENIED AS MOOT. The Clerk is directed to CLOSE this case.

With First Libertad Act Lawsuit Settlement, How Will Effectiveness And Deterrence Be Measured? Has It Worked? May Never Know… That’s A Problem. Settlements Must Be Disclosed

With First Libertad Act Lawsuit Settlement, How Will Effectiveness And Deterrence Be Measured?  Has It Worked?  May Never Know… That’s A Problem.  Settlements Must Be Disclosed 

Defendant may not want public- can result in issues with shareholders, governments, employees, regulators, and create a benchmark for other defendants. 

Plaintiff may not want public- can provide other defendants with a benchmark for settlements- which might be lower than desired. 

The Libertad Act may need to be amended with a provision to require public disclosure of awards, judgements, and settlements. 

If A Settlement Is Secret, Then Where Is The Deterrent?

Taxpayers Paid For It; Should Benefit From Knowing How It Is Used

All Settlements Using Title III Of The Libertad Act Should Be Public

Courts Are Public Entities- Any Decision/Settlement Should Be Public

The United States Department Of State Should Publish All Title IV Decisions

Some May Never See The Accountability They Seek

A Twenty-Five-Year-Old Volcano Erupted- Everyone Needs To See The Lava

In 1996, the United States enacted a law with a provision specifically designed to deter the use of expropriated assets in the Republic of Cuba: 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.   

Title III languished suspended (in six-month intervals) for twenty-three (23) years through three presidencies and half of a fourth presidency: Clinton-Gore Administration (1993-2001), Bush-Cheney Administration (2001-2009), Obama-Biden Administration (2009-2017), and Trump-Pence Administration (2017-2021) until 2 May 2019.  The Biden-Harris Administration (2021- ) has not suspended Title III of the Libertad Act.   

Title III was a dormant volcano.  When it spewed, however, rather than molten rock was a moderate flow of complaints, summonses, summonses, motions and appeals.  An estimated US$19 million in billable hours from attorneys and their supporting entities. 

A primary goal of Title III was to publicly shame (through the courts) “traffickers” to cease activity in the Republic of Cuba- and do so in a high-wattage manner whereby others would be deterred from the same activity.   

Weeks after the two-year anniversary of the implementation of Title III, there has been announced a first settlement in a Libertad Act Title III lawsuit; this one filed on 11 September 2020.

WILLIAM H. CLAFLIN ET AL V. LAFARGEHOLCIM LTD; INVERSIONES IBERSUIZAS S.A.; HOLCIM TRADING SA (F/K/A) UNION MARITIMA INTERNACIONAL SA; DE RUITER OUDERLANDE B.V.; LAS PAILAS DE CEMENTO S.A.U.; and UNKNOWN SUBSIDIARY OF THE LAFARGEHOLCIM GROUP [1:20-cv-23787; Southern Florida District]. 

Berliner Corcoran & Rowe LLP (plaintiff)

Roig Lawyers (plaintiff)

Fields PLLC (plaintiff)

Tutan, Rosenberg, Martin & Bellido (defendant)

Wilkie, Farr & Gallagher (defendant)

Plaintiff has 22nd largest certified combined claim (US$$11,686,342.59) consisting of the 37th  Largest Claim CU-1393 (US$7,508,689.96) for Helen A Claflin; 181st Largest Claim CU-1394 (US$623,674.31) for William H Claflin III; 72nd Largest Claim CU-1395 (US$2,927,190.31) for Mary G. Rentschler; and 182nd Largest Claim CU-1396 (US$623,674.31) for Anne C. Allen; 3953rd Largest Claim CU-1397 (US$3,113.70) for John W. Weeks.  Defendant is St. Gallen, Switzerland-based LafargeHolcim Ltd. (2020 revenue approximately US$27 billion).  

If all the court decisions, court judgements, settlements and out-of-court agreements are not fully disclosed in a timely manner, how will any taxpayer-funded deterrent be measurable? 

Given the immense domestic and international implications for decisions arising from the lawsuits, essential that all decisions be in the public domain. 

This exposure is especially significant with respect to any “private settlements” among plaintiffs and defendants.  The Libertad Act authorizes private settlements- a trafficker and owner of the expropriated asset can agree on compensation, but there is nothing in the Libertad Act compelling disclosure of any compensation. 

From a United States-based law firm: “It’s a very odd and recent idea that settlements should be allowed to be secret.  Without a court case, sure, people can settle their affairs with each other privately on any terms they like.  But once someone invokes a law that claims a public policy purpose, like the Libertad Act, then the citizens of this country ought to know exactly how that law is working in practice. Is it achieving its policy goals, or is just a means for Cuban Americans to extort tolls from businesses trading with and investing in Cuba?  Think for example about American Airlines being sued for transporting passengers to and from Cuba under various federal licenses and route allocations.  Clearly the United States government not only approved but encouraged the company to provide that service.  So, should that case be settled, doesn’t the public have a right to know what a litigant got from deploying a federal law against that United States company?  Another thing, the filing fee in a federal case doesn’t even cover the wages of the janitor who cleans the courtrooms.  Taxpayers foot the bill for judges’ salaries and pensions, and law clerks and administrative staffs’ wages, the costs of bailiffs, the cost of court houses and their maintenance, and on and on.  Why should someone be free to use that infrastructure to procure money from another private party without taxpayers knowing how much they actually received by using a public law and its enforcement mechanism, the federal court system?” 

From the Chicago, Illinois-based American Bar Association (ABA) on United States Federal Courts Funding:   

https://www.americanbar.org/advocacy/governmental_legislative_work/priorities_policy/independence_of_the_judiciary/federal-court-funding/

 Title IV 

Title IV of the Libertad Act restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  One Canada-based company is currently known as subject to this provision based upon a certified claim.  One Spain-based company is known as subject to this provision based upon a non-certified claim. 

The United States Department of State has refused to provide any information relating to the use of Title IV- not the number of letters sent, not the identity of the recipients, not whether any recipient has ceased “trafficking” as a result of receiving a letter.  There is no statute prohibiting the release of data (number of letters sent, years when letters sent) relating to Title IV.   

There is value to current plaintiffs and defendants and to potential plaintiffs and defendants from having data from which they weigh the value of their lawsuit, the value of filing a lawsuit, and the value of seeking a Title IV letter. 

Title III Libertad Act Lawsuit Filing Statistics 

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.   

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.   

40 Lawsuits Filed (15 certified claimants & 25 non-certified claimants)

1 Settlement (certified claimants)

4 Of Dismissed Lawsuits At Court Of Appeals 

US$258,400.00+ Court Filing Fees (not including attorney court appearance fees)

83+ Law Firms

235+ Attorneys

14,400+ Filed Court Documents

US$19+ Million Law Firm Billable Hours (estimated 85% by defendants)

15 Countries Impacted

119 Plaintiffs (some in multiple cases) 

4 Class Action Requests

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

26 United States Defendants (not including subsidiaries)

15 Republic of Cuba Initial Defendants (eleven remaining)

30 Non-United States Defendants

9 European Union-Based Defendants

5 Companies Notified As Potential Defendants   

Lawsuits Filed In United States District Courts in Southern Florida (26), Middle District Florida (1), Washington DC (2), Western Washington State (1), Nevada (1), Southern District New York (2), Eastern District Louisiana (1), Northern Texas (1), New Jersey (1), Southern Texas (2), and Delaware (2).  Some of the lawsuits have been transferred, some cases have been consolidated, and some cases have been dismissed.  For filing an action brought under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, P.L. 104-114, 110 Stat. § 785 (1996) the fee is US$6,800.00. 

83 Law Firms Retained By Plaintiffs/Defendants: Ainsworth & Clancy; Allen & Overy;; Akerman; Andrews & Springer; Arent Fox; Aronovitz Law; Astigarraga Davis Mullins & Grossman; Baker & McKenzie; Ballard Spahr; Barakat Law; Berenthal & Associates; Berliner Cooch & Taylor; Berliner Corcoran & Rowe; Corcoran & Rowe; Bird & Bird; Boies Schiller Flexner; Bracewell; Broad & Cassel; Carlton Fields; Carlton Fields Jorden Burt; Coffey Burlington; Cleary Gottlieb Steen & Hamilton; Colson Hicks Eidson; Cooch and Taylor; Creed & Gowdy; Cross Castle; Cueto Law Group; Duane Morris, Dubbin & Kravetz; Ewusiak Law; Fields PLLC; Gibson, Dunn & Crutcher; Hirzel Dreyfuss and Dempsey; Hogan Lovells; Holland & Knight; Horr, Novak & Skipp, P.A.; IPS Legal Group; Jones Day; Jones Walker; Kantrowitz, Goldhamer, & Graifman; Kelly Hart & Hallman; Kozyak Tropin & Throckmorton; Law Office of Alexander Villarreal; Law Office of Andre G. Raikhelson; Law Offices of John S. Gaebe; Law Offices of Paul Sack; Law Offices of Robert L. Muse; Mandel & Mandel; Manuel Vazquez PA; McGuire Woods; MoloLamken; Margol & Margol; Mayer Brown; Morgan, Lewis & Bockius; Morris James; Morris Nichols Arsht & Tunnell; Murphy & Anderson; Nelson Mullins; Pacifica Law Group; Pillsbury Winthrop Shaw Pittman; Potter Anderson & Corroon; Pusateri, Johnston, Guillot & Greenbaum; Rabinowitz, Boudin, Standard, Krinsky & Lieberman; Rasco Klock Perez & Nieto; Reed Smith; Reid Collins & Tsai; Rice Reuther Sullivan & Carroll; Rivero Mestre; Rodriguez Tramont & Nunez; Roig, Tutan, Rosenberg, Martin & Bellido; Roig & Villarreal; Rosenthal, Monhait & Goddess; Scott Douglass & McConnico; Sidley Austin; Stearns Weaver Miller Weissler Alhadeff & Sitterson; Steptoe & Johnson; Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullins; Venable; Walden Macht & Haran; Wicker Smith O’Hara McCoy & Ford; Young, Conaway, Stargatt & Taylor; Wilkie, Farr & Gallagher; Wilmer Cutler Pickering Hale and Dorr; Zumpano Patricios.  

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

Certified Claimant Participation: Of the 5,913 claimants certified by the United States Foreign Claims Settlement Commission (USFCSC), these (original claim value in parenthesis) have filed Libertad Act lawsuits: 2nd largest certified claimant North American Sugar (US$97,373,414.72); 8th largest certified claimant Exxon Mobil Corporation (US$71,611,002.90 and US$173,157.12); 9th largest certified claimant The Francisco Sugar Company (US$53,389,438.37); 31st largest certified claimant Havana Docks Corporation (US$9,179,700.08); 37th largest certified claimant Helen Claflin (US$7,508,689.96); 67th largest certified claimant King Ranch (US$3,216,084.97); 72nd largest certified claimant Mary Rentschler (US$2,929,577.88); 88th largest certified claimant Julies Shepard (US$2,033,959.17); 181st largest certified claimant William Claflin (US$623,674.31); 182nd largest certified claimant Anne Allen (US$623,674.00); 195th largest certified claimant Javier Garcia-Bengochea (US$547,365.24); 3,953rd largest certified claimant John Weeks (US$3,114.00). 

In the third quarter of 2019, the then twenty-eight, now twenty-seven member Brussels, Belgium-based European Union (EU) confirmed its intention to issue a Request For Proposal (RFP) to law firms in the United States.  The law firm(s) would be retained to file “amicus curiae” (friend-of-the-court) motions and other motions on behalf of each Libertad Act Title III lawsuit defendant who is domiciled in the EU.  The RFP has yet to materialize.  

Since 2 May 2019, some filings 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. 

Libertad Act 

The Trump Administration has made operational Title III and further implemented Title IV 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.   

Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  One Canada-based company and one Spain-based company are currently known to be subject to this provision based upon a certified claim and non-certified claim. 

Suspension History 

Title III was suspended every six months since the Libertad Act was enacted in 1996- by President William J. Clinton (1993-2001), President George W. Bush (2001-2009), President Barack H. Obama (2009-2017) and through the first two years of President Donald J. Trump (2017-2021).   

·        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. 

Certified Claims Background 

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the United States Foreign Claims Settlement Commission (USFCSC) and have not been resolved for nearing sixty years (some assets were officially confiscated in the 1960’s, some in the 1970’s and some in the 1990’s).  The USFCSC permitted simple interest (not compound interest) of 6% per annum (approximately US$114,132,137.10); with the approximate current value of the 5,913 certified claims is approximately US$8,750,130,510.77.  

The first asset (along with 382 enterprises the same day) to be expropriated by the Republic of Cuba was an oil refinery on 6 August 1960 owned by White Plains, New York-based Texaco, Inc., now a subsidiary of San Ramon, California-based Chevron Corporation (USFCSC: CU-1331/CU-1332/CU-1333 valued at US$56,196,422.73).  

From the certified claim filed by Texaco: “The Cuban corporation was intervened on June 29, 1960, pursuant to Resolution 188 of June 28, 1960, under Law 635 of 1959.  Resolution 188 was promulgated by the Government of Cuba when the Cuban corporation assertedly refused to refine certain crude oil as assertedly provided under a 1938 law pertaining to combustible materials.  Subsequently, this Cuban firm was listed as nationalized in Resolution 19 of August 6, 1960, pursuant to Cuban Law 851.  The Commission finds, however, that the Cuban corporation was effectively intervened within the meaning of Title V of the Act by the Government of Cuba on June 29, 1960.” 

The largest certified claim (Cuban Electric Company) valued at US$267,568,413.62 is controlled by Boca Raton, Florida-based Office Depot, Inc.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International; the certified claim also includes land adjacent to the Jose Marti International Airport in Havana, Republic of Cuba.  The third-largest certified claim valued at US$97,373,414.72 is controlled by New York, New York-based North American Sugar Industries, Inc.  The smallest certified claim is by Sara W. Fishman in the amount of US$1.00 with reference to the Cuban-Venezuelan Oil Voting Trust. 

The two (2) largest certified claims total US$449,377,207.76, representing 24% of the total value of the certified claims.  Thirty (30) certified claimants hold 56% of the total value of the certified claims.  This concentration of value creates an efficient pathway towards a settlement.   

Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 requires that an asset had a value of US$50,000.00 when expropriated by the Republic of Cuba without compensation to the original owner.  Of the 5,913 certified claims, 913, or 15%, are valued at US$50,000.00 or more.  Adjusted for inflation, US$50,000.00 (3.70% per annum) in 1960 has a 2021 value of approximately US$162,850.00.  The USFCSC authorized 6% per annum, meaning the 2021 value of US$50,000.00 is approximately US$233,000.00.  

The ITT Corporation Agreement 

In July 1997, then-New York City, New York-based ITT Corporation and then-Amsterdam, the Netherlands-based STET International Netherlands N.V. signed an agreement whereby STET International Netherlands N.V. would pay approximately US$25 million to ITT Corporation for a ten-year right (after which the agreement could be renewed and was renewed) to use assets (telephone facilities and telephone equipment) within the Republic of Cuba upon which ITT Corporation has a certified claim valued at approximately US$130.8 million.  ETECSA, which is now wholly-owned by the government of the Republic of Cuba, was a joint venture controlled by the Ministry of Information and Communications of the Republic of Cuba within which Amsterdam, the Netherlands-based Telecom Italia International N.V. (formerly Stet International Netherlands N.V.), a subsidiary of Rome, Italy-based Telecom Italia S.p.A. was a shareholder.  Telecom Italia S.p.A., was at one time a subsidiary of Ivrea, Italy-based Olivetti S.p.A.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International. 

LINK TO LIBERTAD ACT LAWSUIT FILING STATISTICS

LINK TO 17-PAGE ANALYSIS IN PDF FORMAT

Spanish Foreign Minister Does Not Mention Cuba During Conversation With U.S. Secretary Of State... Why?

United States Department of State

Washington DC

11 June 2021

Secretary Blinken’s Call with Spanish Foreign Minister González Laya

Office of the Spokesperson

The below is attributable to Spokesperson Ned Price:

Secretary of State Antony J. Blinken spoke today with Spanish Foreign Minister Arancha González Laya to reaffirm the strong U.S.-Spain alliance, friendship, and Transatlantic relationship. Secretary Blinken emphasized the U.S. commitment to migration conducted through regular channels and in a safe, orderly, and humane manner. The Secretary also reiterated U.S. support for NATO, including an increase to common funding, and highlighted our commitment to working with the EU and other partners to address shared challenges, including in the Middle East, Venezuela, and Nicaragua.

For 135-Minute Meeting Biden Administration: "Rebuilding, Revitalizing, and Raising the Ambition of U.S.-EU Relations" Includes Venezuela, Does Not Include Cuba

The White House, Washington DC, 15 June 2021

12:15 PM: THE PRESIDENT greets with His Excellency Charles Michel, President of the European Council, and Her Excellency Ursula von der Leyen, President of the European Commission

12:25 PM: THE PRESIDENT holds a bilateral meeting with His Excellency Charles Michel, President of the European Council, and Her Excellency Ursula von der Leyen, President of the European Commission

12:50 PM: THE PRESIDENT participates in the U.S.–EU Summit, which will underscore our commitment to a strong Transatlantic partnership based on shared interests and values

2:40 PM: THE PRESIDENT departs

The White House, Washington DC, 15 June 2021

For Immediate Release, Fact Sheet

Rebuilding, Revitalizing, and Raising the Ambition of U.S.-EU Relations

The United States and the European Union represent 780 million people who share democratic values and the largest economic relationship in the world. Together the U.S. and EU laid the foundations of the world economy and the rules-based international order after World War II. We share a deep commitment and investment in the multilateral system, which was built based on enduring universal values, including the strong protection of human rights, and which remains indispensable to addressing global challenges. The U.S. and EU also wrote the rules of the road based on openness, fair competition, transparency, and accountability. The U.S.-EU Summit will begin the work of updating those rules—to protect our health, to protect our climate, and to ensure democracy delivers and technology improves our lives.

President Biden’s participation underscores the U.S. commitment to a strong Transatlantic partnership based on shared interests and values. The United States is committed to working with the EU to ensure global health security, stimulate global economic recovery, tackle climate change, enhance digital and trade cooperation, strengthen democracy, and address mutual foreign policy concerns.

Launching the U.S-EU Trade and Technology Council: The leaders will launch the U.S.-EU Trade and Technology Council to write the rules of the road for the economy of the 21st century. They will expand and deepen trade and investment ties, align key policies on technology and standards, launch a new initiative on biotechnology and genomics, and drive a digital transformation that boosts innovation and is based on democratic values.

Fight and End the COVID-19 Pandemic and Drive a Sustainable Global Economic Recovery: The leaders will reiterate support for COVAX and commit to reforming the World Health Organization. They are also launching an expert working group to determine how best to reopen travel safely.

Protect Our Planet and Foster Green Growth: The leaders will commit to leading by example in the fight against climate change, including by becoming net zero greenhouse gas economies by 2050. They will re-affirm their commitment to the Paris Agreement, and to conserving at least 30 percent of land and sea areas by 2030. To this end, the U.S.-EU Climate Working Group will tackle climate change and environmental degradation, promote green growth, and urge ambitious action by all other major players. Additionally, the EU-US Energy Council will continue to coordinate on strategic energy issues, including decarbonization of the energy sector, energy security, and sustainable energy supply chains.

Build a Stronger, More Democratic, and Peaceful World: The leaders will commit to support democracy, uphold transparency, combat corruption, end forced labor, and protect the human rights of all people. The U.S. will work with the EU on shared foreign policy priorities, including Belarus, China, the Eastern Mediterranean, Ethiopia, Iran, Russia, Venezuela, and the Western Balkans. They will launch U.S.-EU dialogues on Russia, on cyber issues, and migration.

At U.S.-EU Summit Will Cuba Be Mentioned By President Biden, President Michel, Or President von der Leyen? Trajectory Suggests Not. How Does Borrell Square Statements With Action?

Will Cuba Be On The Agenda At U.S.-EU Summit In June?
Who Will Mention First? von der Leyen, Borrell, Michel, Or Biden
Four Meetings In Brussels Since March And No Discussion Of Cuba

The White House
Washington DC
8 June 2021

“The President will participate in the U.S.-EU Summit, which will underscore our commitment to a strong Transatlantic partnership based on shared interests and values. The leaders will discuss a common agenda to ensure global health security, stimulate global economic recovery, tackle climate change, enhance digital and trade cooperation, strengthen democracy, and address mutual foreign policy concerns.” 

On 15 June 2021, The Honorable Joseph Biden Jr., President of the United States, will meet in Brussels, Belgium, with H.E. Charles Michel, President of the European Council, and H.E. Dr. Ursula von der Leyen, President of the European Commission (EC).  President Michel represents the leaders of the twenty-seven members of the European Union (EU).  President von de Leyen manages the executive branch of the EU. 

Expected to participate in all or part of the U.S.-EU Summit are H.E. Josep Borrell, EU High Representative for Foreign Affairs and Security Policy and Vice President of the EC, and The Honorable Antony Blinken, United States Secretary of State. 

NOTE: From 11 June 2021 to 13 June 2021, President Michel and President von der Leyen participated in the G7 (Group of Seven) Summit in Cornwall, United Kingdom, where they interacted with President Biden.  G7 members include Canada, France, Germany, Italy, Japan, United Kingdom, and United States.  Representatives of the EU also attend.   

Since 20 January 2021, officials representing the Biden Administration (The White House and United States Department of State) have continued to maintain that issues relating to the Republic of Cuba are neither a high priority nor a priority.  

The Biden Administration has four known reviews underway relating to the Republic of Cuba: 1) comprehensive policy review led by the National Security Council (NSC) and United States Department of State with a focus upon what changes should be made to policies and regulations implemented during the Trump Administration (2017-2021) including whether to nominate a United States Ambassador to the Republic of Cuba 2) reviews led by the Central Intelligence Agency (CIA) and United States Department of State into the cause(s) of injuries to United States government employees in 2016/2017 while they were in the Republic of Cuba 3) review whether to suspend again Title III of the Libertad Act and 4) review whether to remove the Republic of Cuba from the State Sponsors of Terrorism List maintained by the United States Department of State.     

Absent a crisis in the Republic of Cuba directly impacting the United States, there has been no demonstrated urgency for completing the four known reviews.   

EC/EU Interaction With United States Department Of State  

15 February 2021- European Parliament (EP) Member Wrote About Cuba To Mr. Borrell
24 March 2021- Secretary Of State Antony Blinken Visits Brussels- Cuba Not Discussed
29 March 2021- Mr. Borrell Writes To EP Member He Would “Address” Cuba With Biden Administration
15 April 2021- One Year Since EU-Based Libertad Act Lawsuit Defendant Asked EC For Guidance
15 April 2021- Secretary Of State Blinken Visits Brussels- Cuba Not Discussed
4 May 2021- Secretary Of State Blinken Visits London, Meets Mr. Borrell- Cuba Not Discussed
26 May 2021- Deputy Secretary Of State Wendy Sherman Visits Brussels, Meets Mr. Stefano Sannino, European External Action Service [EEAS] Secretary General- Cuba Not Discussed
15 June 2021- President Biden Visit To Brussels For U.S.-EU Summit

From United States Department of State: “Secretary of State Antony J. Blinken will travel to Brussels, Belgium April 13-15 [2021]… Separately, Secretary Blinken will hold bilateral and multilateral meetings with European counterparts to discuss key priorities and shared challenges. … The Honorable Philip Reeker, Acting Assistant Secretary of State for European and Eurasian Affairs, will accompany Secretary Blinken to Brussels this week.”  Secretary of State Blinken met EC President Ursula von der Leyen and EU High Representative for Foreign Affairs and Security Policy and EC Vice President Josep Borrell.  There was no statement as to Secretary of State Blinken meeting with Charles Michel, President of the European Council.  

On 24 March 2021, Secretary Blinken held separate meetings with President von der Leyen and EU High Representative for Foreign Affairs and Security Policy and EC Vice President Borrell.  According to a spokesperson for the EU: “In their meeting, the HRVP [Borrell] and Secretary of State discussed Venezuela, and they agreed to work together in a coordinated approach. Cuba was not discussed on this occasion.”  The EU spokesperson did not confirm if the Republic of Cuba, Title III and Title IV of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”), and/or Venezuela was discussed during the meeting between EC President von der Leyen and Secretary Blinken.  The subjects were not referenced in remarks by EC President von der Leyen and Secretary Blinken in advance of their meeting.   

There is a possibility the Republic of Cuba and Libertad Act were discussed during the 24 March 2021 and 15 April 2021 meetings in Brussels between lower-level officials of the EC/EU and United States Department of State.  There is also a possibility the United States Department of State and EC/EU jointly agreed in advance to exclude the Republic of Cuba and Libertad Act from the official agendas; that the United States Department of State refused to include the Republic of Cuba and Libertad Act in the official agendas; and that the Republic of Cuba and Libertad Act were discussed outside of the official agendas.  

What is known- despite statements from the EC/EU and member states of the EU that the Libertad Act remains since 1996 a material issue impacting the bilateral relationship with the United States; and since May 2019 when Title III of the Libertad Act was made operational by the Trump Administration ten EU-based companies became defendants in lawsuits filed in the United States, the Libertad Act was not material enough to be included in the agenda for the first visit to the EC/EU by the Secretary of State.  

On 29 March 2021, EU High Representative for Foreign Affairs and Security Policy and EC Vice President Borrell responded to an inquiry from Mr. Javier Moreno Sanchez, a member of the Strasbourg, France-based EP who is a member of the “Group of Friendship and Solidarity with the People of Cuba.”  The response from EU High Representative for Foreign Affairs and Security Policy and EC Vice President Borrell was inaccurately publicized as an agreement by EU High Representative for Foreign Affairs and Security Policy and EC Vice President Borrell to “mediate” rather than “address” the issue with the United States:   

Dear Members of the European Parliament, Thank you for your letter of 15 February on the designation of Cuba as a state sponsor of terrorism by the previous US administration. As I have stated to Foreign Minister Rodriguez at the EU-Cuba Joint Council on 20 January, the EU rejects this designation. The decision taken by the previous US administration has no factual basis, given the positive role Cuba has played in the peace negotiations between the Colombian government and the National Liberation Army (Ejercito de Liberacion Nacional, ELN). The ELN members were in Cuba as part of the now aborted peace negotiations with the Colombian government, having travelled there at the request of the Colombian government for the negotiation process, which has had the full support of the EU. As I have indicated in my statement referred to above (1), this designation adds to the hardship caused to the Cuban people by the US embargo. In our contacts with the new US administration, we will address this issue and call on the US to lift this designation. Yours faithfully, Josep Borrell Fontelles  

Waiting More Than 400 Days  

Mr. Hermenegildo Altozano, an attorney with Madrid, Spain-based Bird & Bird, to a United States District Court: “On April 15, 2020, I filed an Application for Authorisation under Article 5 paragraph 2 of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, on behalf of the Spanish company Iberostar Hoteles y Apartamentos S.L.U. ("Iberostar").”  The United States District Court hearing the lawsuit granted the defendant’s Motion to Stay Proceedings and required a status report every thirty days.  LINK To Libertad Act Lawsuit Statistics   

EU-based defendants total 2019 revenues were US$158 Billion.  EU-based defendants in Libertad Act Title III lawsuits include: Copenhagen, Denmark-based A.P. Moller-Maersk A/S (2019 revenue approximately US$39 billion); Paris, France-based BNP Paribas (2019 revenue approximately US$49 billion); Amsterdam, Netherland-based Booking.com B.V. (2019 revenue approximately US$15 billion); Palma, Spain-based Iberostar Hoteles y Apartamentos S.L. (2019 revenue approximately US$2.6 billion); Palma, Spain-based Melia Hotels International S.A. (2019 revenue approximately US$2 billion); Paris, France-based Pernod Ricard S.A. (2019 revenue approximately US$10.5 billion); Paris, France-based Société Générale S.A. (2019 revenue approximately US$27.4 billion); and Dusseldorf, Germany-based Trivago GmbH (2019 revenue approximately US$940 million).  Additional lawsuits are expected to be filed.  Madrid, Spain-based NH Hotel Group S.A. (2019 revenues approximately US$1.9 billion) was a defendant in a lawsuit, but the lawsuit was dismissed by the plaintiff.  

A diplomatic challenge for President von der Leyen and HRVP Borrell.  H.E. Dr. von der Leyen served in three cabinet positions and was the longest serving member of Federal Republic of Germany Chancellor Angela Merkel’s cabinet; and Libertad Act Title III defendant Trivago GmbH is headquartered in Dusseldorf, Germany.  HRVP Borrell Fontelles was Minister of Foreign Affairs, EU and Cooperation of the Kingdom of Spain; and Libertad Act Title III defendants Melia Hotels International S.A. and Iberostar Hoteles y Apartamentos S.L. are both headquartered in Palma, Spain.     

An expected decision by the EC and EU would be to authorize EU-based defendants to proceed with their individual and collective defenses in lawsuits filed and lawsuits to be filed.  The EC/EU position could be that until there is a lawsuit verdict, settlement, or judgement directly impacting the EC/EU, premature for the EC/EU to unilaterally constrict and disarm defendants, particularly as some of the defendants have commenced their defenses and have available assets within the United States that could be subject to the execution of a judgement from a court.  

For the EC/EU to resolve its issue with the exterritorial application of Title III of the Libertad Act, at least one of the lawsuits need result in a verdict against an EU-based defendant and the plaintiff need to have seized an asset of the defendant.  Only then will the EC/EU have the full implementation of Title III and the result of Title III from which to defend its interests- both in courts throughout the world and in its bilateral relationship with the United States- currently represented by the [Joseph] Biden Administration.   

Libertad Act Background  

The Trump Administration has made operational Title III and further implemented Title IV 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.    

Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  One Canada-based company and one Spain-based company are currently known to be subject to this provision based upon a certified claim and non-certified claim.  

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.

Certified Claims Background  

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the United States Foreign Claims Settlement Commission (USFCSC) and have not been resolved for nearing sixty years (some assets were officially confiscated in the 1960’s, some in the 1970’s and some in the 1990’s).  The USFCSC permitted simple interest (not compound interest) of 6% per annum (approximately US$114,132,137.10); with the approximate current value of the 5,913 certified claims is approximately US$8,750,130,510.77.   

The first asset (along with 382 enterprises the same day) to be expropriated by the Republic of Cuba was an oil refinery on 6 August 1960 owned by White Plains, New York-based Texaco, Inc., now a subsidiary of San Ramon, California-based Chevron Corporation (USFCSC: CU-1331/CU-1332/CU-1333 valued at US$56,196,422.73).   

From the certified claim filed by Texaco: “The Cuban corporation was intervened on June 29, 1960, pursuant to Resolution 188 of June 28, 1960, under Law 635 of 1959.  Resolution 188 was promulgated by the Government of Cuba when the Cuban corporation assertedly refused to refine certain crude oil as assertedly provided under a 1938 law pertaining to combustible materials.  Subsequently, this Cuban firm was listed as nationalized in Resolution 19 of August 6, 1960, pursuant to Cuban Law 851.  The Commission finds, however, that the Cuban corporation was effectively intervened within the meaning of Title V of the Act by the Government of Cuba on June 29, 1960.”  

The largest certified claim (Cuban Electric Company) valued at US$267,568,413.62 is controlled by Boca Raton, Florida-based Office Depot, Inc.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International; the certified claim also includes land adjacent to the Jose Marti International Airport in Havana, Republic of Cuba.  The third-largest certified claim valued at US$97,373,414.72 is controlled by New York, New York-based North American Sugar Industries, Inc.  The smallest certified claim is by Sara W. Fishman in the amount of US$1.00 with reference to the Cuban-Venezuelan Oil Voting Trust.  

The two (2) largest certified claims total US$449,377,207.76, representing 24% of the total value of the certified claims.  Thirty (30) certified claimants hold 56% of the total value of the certified claims.  This concentration of value creates an efficient pathway towards a settlement.    

The ITT Corporation Agreement:  In July 1997, then-New York City, New York-based ITT Corporation and then-Amsterdam, the Netherlands-based STET International Netherlands N.V. signed an agreement whereby STET International Netherlands N.V. would pay approximately US$25 million to ITT Corporation for a ten-year right (after which the agreement could be renewed and was renewed) to use assets (telephone facilities and telephone equipment) within the Republic of Cuba upon which ITT Corporation has a certified claim valued at approximately US$130.8 million.  ETECSA, which is now wholly-owned by the government of the Republic of Cuba, was a joint venture controlled by the Ministry of Information and Communications of the Republic of Cuba within which Amsterdam, the Netherlands-based Telecom Italia International N.V. (formerly Stet International Netherlands N.V.), a subsidiary of Rome, Italy-based Telecom Italia S.p.A. was a shareholder.  Telecom Italia S.p.A., was at one time a subsidiary of Ivrea, Italy-based Olivetti S.p.A.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International. 

EC/EU/EP Background

Definitions: European Union (EU).  European Commission (EC).  European Council (EC).  European Parliament (EP).  

“The European Union is a political and economic union of 27 member states that are located primarily in Europe. Its members have a combined area of 4,233,255.3 km² [1,634,469 square miles] and an estimated total population of about 447 million.” 

“The European Commission is the executive branch of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.  The Commission is steered by a group of 27 Commissioners, known as 'the college'. Together they take decisions on the Commission's political and strategic direction.  A new college of Commissioners is appointed every 5 years.  The Commission is organised into policy departments, known as Directorates-General (DGs), which are responsible for different policy areas. DGs develop, implement and manage EU policy, law, and funding programmes. In addition, service departments deal with particular administrative issues. Executive agencies manage programmes set up by the Commission.” 

“The members of the European Council are the heads of state or government of the 27 EU member states, the European Council President and the President of the European Commission.  The High Representative of the Union for Foreign Affairs and Security Policy also takes part in European Council meetings when foreign affairs issues are discussed.  The European Council mostly takes its decisions by consensus. However, in certain specific cases outlined in the EU treaties, it decides by unanimity or by qualified majority.  If a vote is taken, neither the European Council President nor the Commission President take part.” 

“The European Parliament is the legislative branch of the European Union and one of its seven institutions. It is directly-elected and made up of 705 members (MEPs) representing all EU countries.  The European Parliament decides upon EU legislation, including the multiannual budget, together with the Council of the European Union (EU Member State governments). The EP holds other EU institutions, like the European Commission, to account.  It elects the President of the European Commission and plays a key role in vetting Commissioner-designates through individual hearings. The College of Commissioners - how the twenty-seven commissioners are referred to collectively - must then be approved through a consent vote by the EP.  Members of the European Parliament are elected in EU member states every five years and represent around 446 million citizens. Over the years, and with subsequent changes to EU treaties, the Parliament has acquired substantial legislative and budgetary powers.” 

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

United Kingdom Issues Currency-Use Update For Travelers To Cuba. Message Is Don't Bring U.S. Currency

Money

The Cuban government is reforming the currency in Cuba. From 1 January 2021 the Cuban Convertible Peso (CUC) – that was the currency used by visitors – is removed from circulation. Thereafter, the Cuban National Peso (CUP known as ‘moneda nacional’) will be the only legal cash currency in Cuba. CUC may be exchanged at a bank or cadeca between January and 30 June 2021 at the rate of CUC1: CUP 24.

You should not take CUC or CUP out of the country. Allow plenty of time to change any remaining Cuban currency at the airport. You will need to show your boarding pass to exchange currency. There may be limited international currencies available at that time so you may not be able to change all the Cuban currency that you have. You should exchange any CUC before you pass through immigration. CUC is not accepted in duty free shops or cafes in the departure area after immigration. It is recommended to have Euros, pound sterling or Canadian dollars for cash payments there.

Don’t change money anywhere other than at Cadeca exchange houses, large hotels or banks, due to the prevalence of forged currency. Always check transactions carefully. Where possible ask for a mix of denominations. Ignore individuals offering exchange facilities to avoid queues.

Check with your bank before you travel to confirm that your debit, credit and ATM cards will work in Cuba. If your bank can’t confirm this then you should bring sterling or euros in cash, or travellers cheques. Bank notes should be in good condition with no tears, rips or markings. Scottish bank notes cannot be exchanged. From June 21st, Cuban banks will stop accepting cash bank deposits in US dollars. This will make it difficult to exchange US dollars or use them in cash transactions.

Travellers cheques and credit cards drawn on American banks aren’t widely accepted. There are virtually no ATMs available for drawing cash against Cirrus or Switch cards. Credit card transactions, including withdrawals from ATMs, are subject to local commission charges of approximately 3% in addition to your bank transaction charges.

Many international hotel shops now only accept payment by credit card, and not in CUC or CUP. Check with your hotel or tour operator before you travel.

2 Michelin Star Vesperine In Los Angeles Channels Cuba With "RECIPES FROM CHEF JORDAN KAHN'S GRANDMOTHHER THIS WEEKEND ONLY"

VESPERTINE
Los Angeles, CA · Eclectic

We are pleased to announce the Vespertine - At Home experience.

Every item included in the Vespertine At-Home package has been carefully considered and designed specifically to create a cohesive evening combining food & drink, cooking, object, sound, and scent - translating our ethos to your sanctuary. Through this ephemeral vessel, our bespoke offerings are designed to bridge environment and experience, building on our fundamental principles of hospitality as a holistic conduit to nurture connectivity.

2 Stars Michelin Guide, 2019
World’s 100 Greatest Places Time Magazine, 2018
Atmosphere of the Year World Restaurant Awards, 2019
#1 Jonathan Gold's 101 Best Restaurants, 2017
Condé Nast Most Beautiful Restaurants, 2018

LINK To Los Angeles, California-based Vesperine Restaurant’s Cuba Menu

Cuba On 21 June 2021 To Cease Accepting U.S. Dollars As Cash Bank Deposits- U.S. Financial Sanctions Blamed

Reuters
London, United Kingdom
10 June 2021

Cuba suspending cash bank deposits in dollars, citing U.S. sanctions

Cuba said on Thursday it would temporarily stop accepting cash bank deposits in dollars, blaming tighter U.S. sanctions that are restricting its ability to use greenbacks abroad, although it will still accept transfers. The move came shortly before the government was due to present its annual resolution to end the crippling, decades-old U.S. trade embargo on the Communist-run country at the United Nations General Assembly.

Some Cubans and analysts speculated it was an attempt to control the black market price of the dollar. That has risen to more than twice the official exchange rate since the import-dependent country started opening stores selling in hard currency and stopped selling greenbacks due to a cash crunch. Cuban bank account holders will have until June 21 to deposit dollars before the suspension takes effect.

"It is ever more difficult for Cuba to find international banking or financing institutions willing to receive, convert or process U.S. currency in cash," the Cuban Central Bank said in a statement shared by state-run media. It added that the measure would not affect operations carried out by transfer or deposits in other currencies that are freely convertible and accepted in Cuba.

More than 20 banks have stopped processing transactions involving Cuba since former President Donald Trump tightened U.S. sanctions on the island nation, Central Bank Vice President Yamile Berra Cires said in a roundtable discussion on state television.

For many years, Cuba had a 10% tax on dollars, citing how difficult it was for the government to use them because of the U.S. embargo. But it lifted that tax last year as it opened more shops selling in hard cash rather than in the local currency.

U.S. President Joe Biden, a Democrat, vowed during his campaign to reverse some of Republican Trump's Cuba measures that “have inflicted harm on the Cuban people and done nothing to advance democracy and human rights.” But he has yet to roll back any measures and his administration has said a shift in policy toward Cuba is not among its top foreign policy priorities.

LINK To Articles From Granma:

http://www.granma.cu/cuba/2021-06-11/banco-central-de-cuba-informa-suspension-temporal-de-la-aceptacion-de-depositos

http://www.granma.cu/pensar-en-qr/2021-06-10/en-vivo-informan-temas-de-interes-especial-para-nuestro-pueblo-10-06-2021-19-06-45

U.S. Agricultural Commodity & Food Product Exports To Cuba Increased 177.7% In April; Up 81.4% Year-To-Year

ECONOMIC EYE ON CUBA©
June 2021

April 2021 Food/Ag Exports To Cuba Increase 177.7%- 1
53rd Of 218 April 2021 U.S. Food/Ag Export Markets- 2
Year-To-Year Exports Increase 81.4%- 2
Cuba Ranked 54th Of 2021 U.S. Ag/Food Export Markets- 2
2021 Healthcare Product Exports US$48,059.00- 2
2021 Humanitarian Donations US$353,875.00- 3
2021 Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 16

APRIL 2021 FOOD/AG EXPORTS TO CUBA INCREASE 177.7%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in April 2021 were US$32,133,008.00 compared to US$11,569,079.00 in April 2020 and US$16,366,542.00 in April 2019.

April Exports Included: Chicken Leg Quarters (Frozen); Chicken Meat (Frozen); Chicken Legs (Frozen); Soybeans; Woodpulp; Coffee (roasted/organic); Corn Chips; Cereal; Toilet Paper.

Since December 2001, agricultural commodity and food product exports reported from the United States to the Republic of Cuba is US$6,397,064,546.00.

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

Despite Efforts To Constrain Development Of Micro, Small & Medium-Sized Enterprises, They Are Essential For Cuba To Expand Its Economy And Increase Salaries

Granma
Havana, Republic of Cuba
8 June 2021

Council of Ministers Approves Improvement of Cuban Economic Actors

During a recent session, the Council of Ministers approved plans to improve the work of all actors in the Cuban economy, including the socialist state enterprise; non-agricultural cooperatives; micro, small and medium-sized enterprises; as well as the self-employed

Author: Yaima Puig Meneses

The Council of Ministers reaffirmed that the state enterprise is the principal actor in the national economy and must perform as such. Photo: Estudios Revolución

During its most recent session, the Council of Ministers approved plans to improve the work of all actors in the Cuban economy, including the socialist state enterprise; non-agricultural cooperatives; micro, small and medium-sized enterprises; as well as the self-employed, all of which are called upon to promote the development of the nation, in their respective arenas.

With this decision we are approving a framework for all actors involved in our economic panorama, which goes beyond simple recognition of them, stated the First Secretary of the Communist Party of Cuba and President of the Republic, Miguel Díaz-Canel Bermúdez.

Noting as an essential principle guiding the process of improvement, upon introducing the subject, Political Bureau member and Prime Minister Manuel Marrero Cruz reiterated that the state enterprise is defined as the principal actor in the national economy and, as such, must perform.

Among other principles, he recalled that the expansion of activities conducted by non-state forms of management will not lead to a broader process of privatization, since limits that cannot be exceeded have been established. "Recognizing, diversifying and strengthening the work of economic actors" is another objective of the needed improvement effort, with a view toward all economic actors functioning as defined.

Referring in particular to micro, small and medium-sized enterprises, he explained that they will be part of the state and private sectors, and similar management conditions will be established for both. In the case of private companies, he explained that the list of activities which self-employed workers are not permitted to conduct will serve as a starting point to establish the arenas in which companies will operate. Initially, they will not be allowed to engage in some professional activities, including those that are approved for the self-employed, including computer programming, bookkeeping, translation and interpretation, veterinary care for pets and domestic animals, design and certain types of advisement.

The Prime Minister insisted on the importance of achieving sustained progress in the task, which must advance purposefully and gradually to avoid mistakes. "We need to move forward intelligently, to consolidate each step we take and be able to achieve sustainability."

As part of this discussion, presented were the principal findings from the experiment conducted with non-agricultural cooperatives, initiated in March of 2012. Between 2012 and 2014, 498 cooperatives of this type were authorized.

The Prime Minister explained that the information gathered during reviews during the experimental stage indicated that, in spite of deficiencies, the viability of the approved policy was confirmed. Considering this reality, the decision was made to conclude the experiment and gradually extend the creation of non-agricultural cooperatives to all previously approved sectors, with the exception of construction.

Marrero noted that as part of the measures designed, regulations meant to improve the work of all the economic actors will be issued at the same time.

Based on this decision by the Council of Ministers, work will begin on the respective legal norms for their implementation. As progress is made in this task, the population will be provided updated information.

President Díaz-Canel emphasized that the document approved will advance improvement, as a broad and comprehensive process that provides continuity and follow-up for the Policy Guidelines approved by the 6th and 7th Congresses of the Communist Party of Cuba and reaffirmed at the 8th Congress of the Communist Party of Cuba.

The steps outlined, he said, establish a framework for the country's economic actors, which, above all, reaffirm the centrality of the state enterprise system. Based on what is approved, we will be in a better position," he said, "to advance in certain aspects such as relieving the state of activities that are not fundamental to the economy’s performance, and make better use of the workforce, especially the highly qualified.

"We need the state sector to be more proactive, to be more efficient, to shake off some of the inertia, to be more innovative," he emphasized. He also commented on the importance of consolidating an adequate relationship between the state sector and the non-state sector, which would allow for greater efficiency and innovation.

This improved relationship should allow forgetter use of human potential, productive capacity, experience gained and innovation.

If the process is conducted well, he said, we can successfully integrate the two sectors, strengthen the economy and speed up the country's development. The process will be gradual, but this does not mean we will delay implementation.

It is vital that these measures reach the municipal level, to ensure that different forms of management are involved in territorial development strategies and contribute to the economic growth of localities, where projects can generate employment, increase production and provide services.

Let us definitively eliminate the obstacles that prevent our economic actors from performing with agility, with the ability to contribute to development, he emphasized.

"Here, anything that is inefficient, corrupt or illegal; anything that tends to hinder, that is not innovative or proactive, is harmful, whether it is in the state or non-state sector."

The economy of the future and the present

Foreseeing, designing and planning were fundamental to the process of elaborating the country’s Economic Plan and State Budget for the year 2022, conditioned to a significant extent by the control being achieved of the COVID-19pandemic.

Designed within the context of monetary re-ordering, the Plan of the Economy for next year is based, in the first place, on the concept of centralized planning, stated First Deputy Minister of Economy and Planning Leticia Morales González. This implies consciously leading the process of economic and social development in the country, favoring the incorporation of all forms of property and management. The design fundamentally projects counteracting the effects of economic deceleration; continuing to promote greater interaction between all economic actors; increasing efficiency, efficacy, productivity and innovation; as well as adhering to and continuing to work on the National Development Plan through 2030, she said. While acknowledging the complexity of making projections in such a difficult time, Morales insisted on the urgency of seeking solutions to our problems on our own. "We must work hard, we must find solutions, we must identify potential... and we must be able to reflect all of this in the Plan," she emphasized.

The challenge is to reflect the scenario we foresee within the 2022 Plan, with both objectivity and optimism. The goal cannot be to consider what we have done, and plan to do a little more; no, the goal is to identify what we have not yet done and the capacity we have to do more, she stated.

Also on the agenda for the highest government body’s meeting was a report by the First Deputy Minister of Economy and Planning on the economy’s performance as of the end of April, a period that demonstrated the need to continue seeking untapped potential and produce more.

Production of rice, eggs and corn, she stated, surpassed projections, not the case for starchy vegetables, beans, fresh milk for the industry and pork.

She added that projected indicators of production and efficiency were not met in the sugar industry this season, evident in the backlog accumulated in cane milling.

Regarding employment, she noted that a total of 166,966 persons visited municipal labor offices in search of a job. Of the positions accepted, 55,442 were in the state sector and 50,183 in the non-state sector.

Another issue evaluated by Council of Ministers members was the progress made in implementation of the National Economic and Social Development Plan through 2030, a guiding document for the National Planning System, which directs development efforts with a view toward eliminating structural imbalances in the economy with a strategic vision and closely articulated with the Sustainable Development Goals of the United Nations 2030 Agenda.

Serving the vulnerable, wherever needed

Later in the meeting, Minister of Labor and Social Security Marta Elena Feitó Cabrera presented policy proposals to strengthen prevention and social work in neighborhoods, and for support to individuals, families and households, as well as groups and communities in situations of social vulnerability. As an essential aspect, the Minister commented on support offered to the necessary transformation of preventative social work at the community level, as the most important link. This policy involves recovering the founding principles of social work based on Comandante en jefe Fidel Castro’s conception of preventing, assisting and transforming, thus addressing the full scope of needed action, currently organized at the national, provincial and municipal levels.

She explained that, on the basis of experience gained, the Ministry has identified the need to transform work currently conducted by social workers and recover the original conception of social prevention, particularly in attention to adolescents and focused follow-up on community efforts. Referring to the second document, she explained that its objective is to raise the quality of social services to address situations of social vulnerability, improve, diversify and broaden protection provided by Social Assistance and its services, including the participation of diverse actors. Regarding both policies, which were approved by the Council of Ministers, Deputy Prime Minister Inés María Chapman Waug, emphasized that they constitute fundamental tools that should facilitate local analyses and the adoption of necessary measures to guide programs implemented in each territory. This community work, today more than ever, is essential, she stated. Hence her insistence on including, among actions taken, the projection of social research and coherent work in neighborhoods.

The effects of drought in Cuba

As part of the day's agenda, the president of the National Institute of Water Resources, Antonio Rodríguez, presented an update on the current nationwide drought, reporting that, between December 2020 and April 2021, rainfall on the island has reached only 54% of the average for this period. The lowest provincial accumulations over the last four months were recorded in Havana, Ciego de Avila and Sancti Spiritus, all with precipitation below 30% of the historic average. Additionally, Mayabeque, Cienfuegos, Santiago de Cuba, Camagüey, Matanzas and Villa Clara recorded between 30% and 50%. These low precipitation levels, he noted, have produced an increase in the number of areas impacted by the drought. At the end of November 2020, 13% of the country's municipalities were suffering the effects of limited rainfall, and by the end of March 2021 the figure reached 45%. Nationwide, 552,852 persons are affected by the drought. The populations of Havana, Artemisa, Santiago de Cuba, Camagüey and Guantánamo account for 81% of the total.

In order to alleviate the impact on the population, action being taken to maintain and improve pipelines and networks, construct interconnections between systems, increase the number of pumping stations, and drill wells, among other efforts, which have improved service to more than 780,260 inhabitants, principally in the provinces of Havana, Santiago de Cuba, Las Tunas and Guantánamo, Camagüey and Artemisa. He recalled that, during the 2003-2005 period, a severe drought affected someTwo million people in the country, a figure that was reduced between 2020 and 2021 to about 500,000, as a result of investments made in the water sector nationwide.

Government work in Sancti Spíritus

As the last item on the agenda and in compliance with provisions established in the Constitution of the Republic of Cuba, the governor of Sancti Spiritus, Teresita Romero Rodríguez, presented an accountability report on her administration’s work in the province, the first to conduct this process before the Council of Ministers.

Many actions have been taken, she stated, to improve the populations’ quality of life in the midst of the complex situation the nation is facing, as a result of the escalation of the unjust economic, commercial and financial blockade imposed by the U.S. government on Cuba; damage caused by three severe meteorological events in the province; and the great effort required to confront the COVID-19 epidemic.

Among principal priorities during 2020 and 2021, the Governor identified work to support the food program in the territory. Other programs such as health and education have also been prioritized, while progress was made in the computerization of society and in meeting objectives established in provincial housing policy.

In order to continue advancing in the government’s effectiveness, Governor Romero cited several arenas which require more work. Among these, she emphasized follow-up on the implementation of monetary re-ordering; the identification of untapped potential to generate income for the local budget, as well as the control of expenses and their destinations; improving the quality of services provided the population; and promoting local development projects, in accordance with strategic lines approved in each municipality.

Several members of the Council of Ministers offered their opinions and suggestions for the government’s future efforts in this central territory, which faces a period of much work, learning, and overcoming challenges, in order to increasingly improve the population’s quality of life, and the body approved the Governor’s accountability report and the Resolution proposed in this regard.

Will Cuba Permit Limited Edition “Cuban-American” Hand-Rolled Cigars To Be Created In The United States From 100 Pounds Of Tobacco From Cuba? U.S. Company May Provide Grower Financing

Will the Republic of Cuba permit a limited edition of 10,000 “Cuban-American” hand-rolled cigars to be created in the United States from one hundred pounds of filler, binder, and wrapper sourced from the Republic of Cuba?  If they do, a United States company is ready and may ask the Biden-Harris Administration to authorize crop financing.     

It has sort of happened before. 

For the Republic of Cuba, the re-introduction to the United States marketplace of tobacco leaf grown in the Republic of Cuba would provide a third Hecho en Cuba- Made in Cuba moment, or, depending upon labeling regulations, Procedente de Cuba- Sourced from Cuba moment.   

The government of the Republic of Cuba, through Republic of Cuba government-operated Corporacion Habanos S.A., (2020 revenues US$507 million; 2019 revenues US$531 million) prefers to add value to its agricultural commodity patrimony- grow the tobacco, process the tobacco, create the cigar, create the cigar band, create the cigar box, and then export the final product, thus gaining added-value for its twenty-seven cigar brands. 

With the Biden-Harris Administration (2021- ) training its Republic of Cuba policy towards supporting the self-employed and privately-owned businesses, including those within the agricultural sector, Washington DC might approve an importation and even financing, but how will the [Miguel] Diaz-Canel Administration in Havana respond?  

There are tobacco plantations (small, medium, and large) in the Republic of Cuba that were, prior to the 1959 Revolution, and have remained since, owned by families rather than the government of the Republic of Cuba.  They sell their crop to the government of the Republic of Cuba. 

Tampa, Florida-based J.C. Newman Cigar Co. confirmed the company would entertain providing crop financing for a tobacco plantation which conforms to the “independent Cuban entrepreneurs” requirements of the United States Department of State.  In 2016, the United States Department of State certified certain coffee plantations and charcoal sourcing areas in the Republic of Cuba as meeting the requirements- and those requirements continued to be maintained, without interruption, through the Obama-Biden Administration (2009-2017) and Trump-Pence Administration (2017-2021). 

On 2 June 2021, J.C. Newman Cigar Co. wrote to the United States Department of State to request that raw tobacco from the Republic of Cuba grown by “independent Cuban entrepreneurs” be eligible for import to the United States.  From 1895 to 1962, J.C. Newman Cigar Co. imported tobacco from the Republic of Cuba and retains custody of the last bale of pre-embargo tobacco imported from the Republic of Cuba.   

The request was to “include section IV, chapter 24, heading 2401 (unmanufactured tobacco)” in the list of Goods and Services Eligible for Importation.  LINK To Letter   

Bureau of Economic and Business Affairs
United States Department of State
Washington DC

Goods and Services Eligible for Importation: “In accordance with the policy changes announced by the President on December 17, 2014, to further engage and empower the Cuban people, Section 515.582 of the Cuban Assets Control Regulations (31 CFR Part 515 – the CACR) authorizes the importation into the United States of certain goods and services produced by independent Cuban entrepreneurs as determined by the State Department as set forth on the Section 515.582. The goods whose import is authorized by Section 515.582 are goods produced by independent Cuban entrepreneurs, as demonstrated by documentary evidence, that are imported into the United States, except for goods specified in the following sections/chapters of the Harmonized Tariff Schedule of the United States (HTS).”   

To date, only coffee beans (one importer) and charcoal (two importers) have been included on the list of goods authorized for export from the Republic of Cuba to the United States.  Republic of Cuba government-operated Cubaexport (under the auspice of the Ministry for Foreign Trade and Foreign Investment of the Republic of Cuba) has refused requests to authorize coffee beans for direct export to the United States and thus far refused requests to authorize bulk honey and cocoa beans for direct export to the United States.    

In August 2016, New York, New York-based Nestle Nespresso USA, Inc., a subsidiary of Vevey, Switzerland-based Nestle SA (2019 revenues approximately US$93 billion), introduced to the United States the first of multiple releases of the “Cafecito de Cuba” capsule.  The coffee beans are exported from the Republic of Cuba to Switzerland for processing and then exported to the United States and other countries for sale-at-retail.   

In January 2017 and July 2018, Hialeah, Florida-based Fogo Premium Lump Charcoal purchased a total of four twenty-foot containers of charcoal from the Republic of Cuba for distribution throughout the United States.   

In May 2019, Foley, Alabama-based GulfWise Commerce LLC, affiliated with Foley, Alabama-based Woerner Companies (2019 revenues exceeded US$40 million) purchased two forty-foot containers of charcoal from the Republic of Cuba for distribution (including through Amazon.com and True Value hardware stores) throughout the United States. 

From Mr. Drew Newman, General Counsel, J.C. Newman Cigar Co.: Premium cigar tobacco generally ranges from US$6.00 per pound (basic filler tobacco) to between US$20.00 and US$50.00 (for the finest wrapper leaves).  In general, sixty pounds of tobacco is required to create approximately 1,000 cigars.  One hundred pounds of tobacco can create approximately 1,600 cigars.  Cigars are a blend of tobaccos.  At minimum, five different types of tobaccos are needed to make a cigar (a wrapper leaf, a binder leaf, and three different types of filler leaves).  To create a “Clear Havana” or a cigar with 100% tobacco from Cuba, we would need five different types of tobacco leaves.  With one hundred pounds of one type of tobacco from Cuba, we could blend it with tobacco from the United States to create approximately 10,000 cigars. 

Investment & Financing? 

Currently, only donations to the self-employed, small and medium-sized businesses in the Republic of Cuba are authorized by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury.    

If the Biden-Harris Administration authorizes direct investment and direct loans to the self-employed and small and medium-size enterprises in the Republic of Cuba, particularly those focused upon agriculture, then J.C. Newman Cigar Co. would have both an opportunity and incentive to engage directly with a family-owned tobacco plantation located in the Republic of Cuba and provide crop financing as is standard in the tobacco industry throughout the world.  That financing could include funding to purchase agricultural equipment.   

In November 2017, Moline, Illinois-based Deere & Company (2019 revenues approximately US$39.2 billion) and Peoria, Illinois-based Caterpillar Inc. (2019 revenues approximately US$53.8 billion) established distribution centers located in the Republic of Cuba.   

Antioch, Tennessee-based Wirtgen America, Inc., a subsidiary of Windhagen, Germany-based Wirtgen Group (2019 revenues approximately US$3 billion), a construction equipment machinery subsidiary (acquired in 2017) of Deere & Company has also delivered products to the Republic of Cuba.  Deere & Company reported that the company would provide financing for equipment purchases by authorized Republic of Cuba entities.    

Caterpillar Inc.’s distributor for Caribbean Sea-area countries, San Juan, Puerto Rico-based RIMCO, manages a distribution center in Havana which provides sales, service and rental of brands including Caterpillar and Duluth, Georgia-based AGCO Corporation (2019 revenues approximately US$9.3 billion).  There are no United States government prohibitions upon Caterpillar or RIMCO from providing, directly or indirectly, payment terms and/or financing for equipment exports from the United States to the Republic of Cuba.  

Additional Observation 

If cigar tobacco from the Republic of Cuba were to be permitted to be exported to the United States for the purpose of being a component(s) of a cigar produced in the United States, which component(s) of a cigar would be likely from the Republic of Cuba- wrapper, binder, or filler, to produce the highest quality and most marketable cigar for distribution in the United States? 

From a long-time tobacco industry insider with direct knowledge of the Republic of Cuba:  It is not a simple, direct answer. The complicated part is there is a perennial debate in the cigar industry about the influence of the wrapper on the taste of cigar. Two schools, diametrically opposed; one says that the wrapper accounts for 70 percent of the flavor; the other says exactly the opposite, no more than 30 percent of the final flavor profile, something that more closely reflects the proportion of the wrapper leaf to the whole cigar. I happen to fall in the former category. So, if that being true, then the key ingredient would be the wrapper leaf. Cuban wrapper, at its best which is not always a given, is distinct in its coloration (Colorado or deep reddish brown) and, IMHO, its unique taste, a somewhat indescribable combination of earthiness and spiciness only rarely found in wrapper outside Cuba. But that observation -- the uniqueness in Cuban tobacco flavors -- suggests that the filler is also a dynamic ingredient in the final flavor profile. With filler, the variability is probably less of an issue -- top quality wrapper leaf requires a consistency of appearance in addition to its taste -- and therefore might be a key element in producing a cigar that mirrored the often-alleged superiority of Cuban cigar taste profiles, again, something I would describe generally as earthier and spicier than most non-Cuban tobaccos. What has been a constant among the most knowledgeable men in the industry is that they have talked wistfully about being allowed to use Cuban tobacco in their own blends with Dominican and Nicaraguan tobaccos, using those distinct flavor elements to create something entirely new to the market. Binder tobacco seems to me to be less of an issue...it's one leaf that might add some complexity but wouldn't be a game-changer in any interpretation of the role the three leaf varieties have in a final product.

COMPLETE 3-PAGE ANALYSIS IN PDF FORMAT

Related Posts: 

After A Long Wait... Nespresso Of Switzerland Announces "For A Limited Time" New Releases Of "Cafecito de Cuba" & "Cafe de Cuba" (8/20/20) 

Might Cubaexport In 2020 Permit “Independent Entrepreneurs” To Export Coffee Beans, Cocoa and Honey To The United States? (1/20/20)

J.C. Newman Cigar Co. Wants To Add Tobacco Leaves To Coffee & Charcoal As Authorized Imports From Cuba

Cigar Aficionado
New York, New York
3 June 2021

Legislation

J.C. Newman Hoping To Import Cuban Tobacco
Petitions U.S. Government To Make Cigars in the U.S. With Cuban Tobacco

By Gregory Mottola

When Drew Newman of J.C. Newman Cigar Co. read an article about the legal importation of Cuban coffee into the United States, he had an idea: why not tobacco? Of course, the obvious answer is the 60-year-old U.S. embargo on Cuban cigars and tobacco, but he figured if the U.S. government allowed Cuban coffee to come into the United States, then his family’s Tampa, Florida cigar company should be able to do the same with tobacco. Newman was so inspired by this idea that he decided to petition the government. Yesterday, he sent a letter to the Office of Economic Sanctions Policy & Implementation asking that the U.S. Department of State rethink its position on importing raw, unfermented Cuban tobacco leaf. 

“The U.S. government allows coffee and other goods from Cuba to be legally imported so long as they are from ‘independent Cuban entrepreneurs,’ ” Newman said. “I am petitioning the U.S. government to add tobacco leaves grown by independent farmers—not the Cuban government—to this list.” 

More than 125 years old, J.C. Newman Cigar Co. has a long history with Cuban tobacco. Like many American cigar manufacturers before the 1961 embargo, the company (then known as M&N Cigar) imported tobacco from Cuba and rolled the cigars in the United States, first in Cleveland and then in Tampa, creating a product known as a “Clear Havana.” From a tax perspective, it was far less expensive to import raw leaf and make the cigars in the U.S. than to import finished, branded cigars that were made in Cuba, which is why Clear Havanas were generally less expensive than Cuban-made brands such as Romeo y Julieta or H. Upmann. “Before President Kennedy imposed the Cuban embargo, my family imported millions of pounds of Cuban tobacco into the United States,” Newman said. “We rolled Clear Havanas, cigars that were made entirely from Cuban tobacco, in our El Reloj cigar factory in Tampa.” 

If the petition works, it would be a return of sorts to the old, pre-embargo days for J.C. Newman, a return the 39-year-old Newman hopes he’ll see in his lifetime. On a larger scale, such a policy change would not only create new opportunities for J.C. Newman, but could possibly re-ignite an entire industry of Clear Havana production in the U.S. “Prior to the embargo, far more cigars were rolled with Cuban tobacco in Tampa than in Cuba because Tampa was home to the world’s best cigar factories,” Newman says. “Allowing us to import Cuban tobacco leaves would allow us to support independent Cuban farmers and to prove, once again, that we can roll better cigars with Cuban tobacco than Cuba can.”

It’s certainly an ambitious proposal, but it’s not without its political problems. Even if the U.S. grants Newman his wish, there are more potential obstacles to overcome regarding Cuba’s complicated economic policies on private ownership and trade. Most major businesses in Cuba, whether industrial or agricultural, are nationalized under the present Communist regime, meaning that most transactions are technically property of the Cuban government. While recent reforms in Cuba have led to some private ownership, dealing with an “independent Cuban farmer” may prove to be difficult if the government decides to step in, as tobacco is a prized—and tightly controlled—source of income for the cash-strapped nation. For this reason, Cuban officials may not be willing to allow farmers to sell off portions of such a lucrative crop if it brings no income to the country.  

But there’s an additional hurdle. Habanos S.A. is still extremely protective of its tobacco appellation and how the origin of denonimation (D.O.P.) is marketed globally. Habanos, a state-run monopoly formed in 1994, controls the promotion and distribution of all premium, handmade cigars that leave the island. Only Habanos can legally classify a cigar as being Cuban or containing Cuban tobacco, and there are presently no third-party premium cigars containing Cuban leaf that Habanos has officially sanctioned. None of this seems to worry Newman much. He’s confident that if he can get stateside permission to import tobacco, his company will find a way to do business that leaves the Cuban government out of the equation. “The Cuban government should not be afraid of having independent farmers export their tobacco to the United States,” he says. “If the Cuban government believes that their cigar rollers are some of the best in the world, they should not be afraid of having American cigar makers roll cigars with Cuban tobacco again just like we did before the embargo.” 

LINK To Text Of Letter From J.C. Newman Cigar Co. In PDF Format

United States Department of State
Washington DC

Section 515.582 List
Bureau of Economic and Business Affairs
Goods and Services Eligible for Importation

“In accordance with the policy changes announced by the President on December 17, 2014, to further engage and empower the Cuban people, Section 515.582 of the Cuban Assets Control Regulations (31 CFR Part 515 – the CACR) authorizes the importation into the United States of certain goods and services produced by independent Cuban entrepreneurs as determined by the State Department as set forth on the Section 515.582. The goods whose import is authorized by Section 515.582 are goods produced by independent Cuban entrepreneurs, as demonstrated by documentary evidence, that are imported into the United States, except for goods specified in the following sections/chapters of the Harmonized Tariff Schedule of the United States (HTS).” 

United States Department of State
Washington DC

“The Office of Economic Sanctions Policy and Implementation is responsible for developing and implementing foreign policy-related sanctions adopted to counter threats to national security posed by particular activities and countries. 

SPI builds international support for implementation of economic sanctions, provides foreign policy guidance to the Department of Treasury and Commerce on sanctions implementation, and works with Congress to draft legislation that advances U.S. foreign policy goals in these areas. 

The Office of Economic Sanctions Policy and Implementation (TFS/SPI) maintains and enforces sanctions to maximize their economic impact on our targets and minimize the damage to U.S. economic interests. We also work to remove economic sanctions when appropriate to reward and incentivize improved behavior or demonstrate U.S. support for newly established democratic governments. In addition, SPI conducts outreach on sanctions issues to a wide range of interested parties including NGOs, companies, diaspora groups, and others. 

Other USG Resources: 

Office of Foreign Assets Control, Department of the Treasury  – OFAC plays a primary role in administering and enforcing many U.S. sanctions programs. In coordination with the Department of State, OFAC issues licenses where appropriate for a variety of goods, services and transactions. OFAC’s website is a useful resource on sanctions programs and on individuals and entities subject to sanctions. 

Bureau of Industry and Security, Department of Commerce  – The Department of Commerce, Bureau of Industry and Security (BIS), is responsible for developing export control policies and issuing export licenses for particular goods/end users/destinations as appropriate in consultation with State, DOD, and Energy. The BIS website is a useful resource for information on which destinations are subject to foreign policy related controls.” 

Related Posts: 

After A Long Wait... Nespresso Of Switzerland Announces "For A Limited Time" New Releases Of "Cafecito de Cuba" & "Cafe de Cuba" (8/20/20) 

Might Cubaexport In 2020 Permit “Independent Entrepreneurs” To Export Coffee Beans, Cocoa and Honey To The United States? (1/20/20)