Might France-Based Bouygues S.A. Be Defendant In Libertad Act Title III Lawsuit?
Construction Work At Hotels
Office In ZEDM
Presence At Port Of Havana
Would Be Fifth France-Based Company To Be A Defendant
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”). To date, forty-two (42) lawsuits have been filed some of which have been dismissed, some of which have been revised, some of which have been refiled, some of which remain before trial judges, and some of which are at Courts of Appeals. LINK To Lawsuit Statistics
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. There is a two-year claw-back provision.
Thus far, 40% of European Union (EU)-based defendants in Libertad Act Title III lawsuits filed since 2019 are headquartered in France. The companies rank amongst the thirty-largest with headquarters in France: Marseille, France-based CMA CGM S.A. (2020 revenue approximately US$31 billion); Paris, France-based BNP Paribas (2020 revenue approximately US$45 billion; assets approximately US$2.8 trillion); Paris, France-based Societe Generale S.A. (2020 revenue approximately US$23 billion; assets approximately US$1.6 trillion); Paris, France-based Pernod Ricard S.A. (2020 revenue approximately US$9.3 billion).
Paris, France-based Bouygues Construction (Bouygues S.A. 2020 revenues approximately US$40 billion) through Bouygues Batiment International Cuba has a substantial presence (since 1999 primarily constructing and renovating hotels- estimated at nearing fifty with a total of more than 30,000 rooms; and 331 employees as of 18 February 2021) in the Republic of Cuba and in the United States including Brickell City Centre in Miami, Florida, and Pawtucket Tunnel in Rhode Island, among other projects in Florida. A subsidiary of Bouygues S.A. is Morristown, New Jersey-based Colas USA (5,000 employees and fifty regional offices throughout the United States) and Miami, Florida-based Bouygues Construction.
"Americaribe LLC is a general contractor with offices based in Miami, Florida and Los Angeles, California. We have operated in the U.S. and Caribbean construction market since 2002, delivering large-scale projects such as the iconic Brickell City Centre in Miami and the Waterfront Hotel in Trinidad & Tobago. We currently have operations in Florida, California, the Bahamas, Dominican Republic, Sint Marteen, Grand Cayman and Trinidad and Tobago. As a subsidiary of Bouygues Bâtiment International, a global player in construction with operations in more than 60 countries, Americaribe is able to apply its vast networks and capacity for technical and commercial innovation, cutting-edge engineering skills and expertise in development to offices, hotels, airports, hospitals, schools, housing, exhibition centers, leisure facilities, etc. The goal for Americaribe is to not only bring projects to reality with an outstanding quality, but to bring concepts of innovation all across the industry with its partners, constructing improved lifestyles for the better future. This motto, branching from Bouygues Bâtiment International, is what we paraphrase as "Shared innovation.”"
Bouygues Construction Cuba S.A. “Engineering and construction” has an office in the Republic of Cuba government-operated Zona Especial de Desarollo Mariel (“ZEDM”) (a/k/a Mariel Special Economic Zone). Link To Posts Referencing Bouygues
According to the First-Half 2020 Financial Report, “In Cuba, Bouygues Construction continued to build hotels in response to demand from the tourism industry on the island and booked new projects in early 2020.”
Two companies operating in the area of the ZEDM are defendants in Libertad Act Title III lawsuits: Jacksonville, Florida-based Crowley Maritime Corporation (2019 revenues approximately US$2.5 billion) and Miami, Florida-based Seaboard Marine, a wholly-owned subsidiary of Merriam, Kansas-based Seaboard Corporation (2019 revenues of US$6.8 billion).
From Republic of Cuba government-operated Aries Transportes S.A.: “The following organize and operate on the docks: Sierra Maestra in Port of Havana, Rolando Roca Pacheco in the Port of Santiago de Cuba, on Punta Francés Beach on the Isle of Youth and in other ports or sites on national territory where ac-tivities of docking, loading and unloading go on related to cruiseline traffic and international tourism ferry traffic. It leases space, warehouses and offices for shipbuilders, tourist agencies and other entities that provide services for the business of operating cruiselines and ferries.”
2016-2017 ZED Mariel Business Opportunities (LINK)
"Development of ZED Mariel began with Sector A, with an area of 43.7 km², located on the western edge of the Port of Mariel. The French company Bouygues Bâtiment International was in charge of the Master Plan for the urbanization of this area, applying the best environmental quality standards and concepts. The Cuban government has invested over a billion USD on the development of basic and auxiliary infrastructures to ensure multi-mode connections by air, sea and land, the power supply, water supplies, sewage systems, waste treatment and info-communications, etc. which are now at the disposal of the investors.
EXCELLENT REGIONAL LOCATION ZED Mariel is located in the center of the Caribbean Sea, at the crossroads of the principal sea traffic routes for goods. It has the most modern Containers terminal in the region, located in a deep-waterport that permits the entry of the Neo Panamax vessels using the Caribbean when the new Panama Canal is completed. This will strengthen its goal of becoming the transfer port and regional logistical hub."
On 29 May 2019, descendants (who reside in the United States) of Mr. Rafael Lucas Sanchez Hill filed a non-Libertad Act Title III lawsuit in Spain seeking US$10 million from Palma de Mallorca, Spain-based Melia Hotels International SA. (2019 revenues approximately US$1.9 billion). Individuals familiar with the Sanchez-Hill family indicated at the time that Bouygues Construction would likely be a defendant in a Libertad Act Title III lawsuit for properties in the Republic of Cuba constructed/renovated by the company.
According to representatives of Bouygues Construction, the company may have had or does have a role in a project(s) among one or more of the three piers of the Terminal Sierra Maestra. Wilmington, Delaware-registered Havana Docks Corporation claims ownership of the three piers and a street-facing building (Old Customs House) collectively known as Terminal Sierra Maestra, and filed Libertad Act Title III lawsuits against Doral, Florida-based Carnival Corporation (2019 revenues approximately US$20.8 billion); Geneva, Switzerland-based MSC Cruises S.A (2019 revenues approximately US$3.6 billion); Miami, Florida-based Norwegian Cruise Line Holdings, Ltd. (2019 revenues approximately US$6.46 billion); and Miami, Florida-based Royal Caribbean Cruises, Ltd. (2019 revenues approximately US$10.95 billion).
Istanbul, Turkey-based Global Ports Holding (2019 revenues exceeded US$124 million), which also has a registered office in London, United Kingdom, and is listed on the London Stock Exchange (LSE) is not a defendant in a Libertad Act Title III lawsuit. Global Ports Holding reports having no presence in the United States.
Global Ports Holding has “a management agreement in Cuba to advise and consult on cruise port management best practice. The cruise terminal is in the Sierra Maestra complex, in San Francisco pier, with a current capacity for two ships.”
According to the 2019 Annual Report, “The Board also received and discussed detailed updates from the CEO and other members of the Senior Management Team regarding various other business-related issues. Among those, the Board reviewed the Group’s management of La Habana Cruise Port in light of declining travel to Cuba via cruise ships. The Group has not invested in the port and its activity there has declined.”
According to the company, the “duration of the management contract is thirty-three (33) years (2018-2033) with “no future Capex Obligation” and “Tariff Discretion.” The company reported that the management contract was not a result of a “Competitive Process” and the Process Description was defined as an “Uncompetitive tender” with comments “GPH submitted and unsolicited tender.” However, the 2018 Annual Report for the company references that the management contract is for fifteen (15) years: “Our new port investment strategy has been selective, choosing ports in marquee destinations (such as Barcelona, Havana, Venice, Lisbon, Kuşadası, and Valletta) which we believe are less susceptible to being replaced by others.”
“Page 32: At GPH we continue to target ports where we can add value, by adding them to our global portfolio. During the year we were therefore delighted to announce we had signed a 15-year management agreement for the operation of the cruise port in Havana, Cuba. The move also aligned with our stated intention to extend our interests into the Americas. GPH will bring its global expertise to manage all aspects of the cruise port operations over the life of the agreement. We will be paid a management fee that is based on a number of factors including passenger numbers, with growth-based incentives. In addition, we will continue to work with our Cuban partners on the design and technical specification of the cruise port investment programme, including proposed new terminals. Once these have been completed, GPH will take responsibility for their marketing and commercialisation. The agreement is part of a significant investment by Cuba into the port area and tourism infrastructure in Havana. We enter the port’s story at an exciting time: its two berths welcomed around 328,000 cruise passengers in 2017, some 156% higher than in 2016.”
“Our role is to ensure this growth path continues, and with the facility expanding to six berths by 2024, the Havana port, and the allure of Cuba as a destination, offers exceptional potential. The port itself is situated in the heart of Havana and only a 30-minute drive from Jose Marti International Airport, making it an ideal homeporting destination. Indeed, in 2018 cruising contributed to Cuba’s best-ever year for tourism. This represents our first agreement in the Caribbean and an important step in the history of Global Ports Holding. The GPH team looks forward to working with our local partners and staff to drive continued growth, delivering both a world class cruise port and a great experience for passengers. As for the wider network, we hope to add three new ports during 2019.”
“Developments in 2018: GPH took over the operation of the cruise port in Havana in June 2018, and the remainder of the year was spent appraising the potential of the terminal and implementing our financial reporting procedures. Our new General Manager is in post, together with the support team.”
“Plans for 2019: We will work with our Cuban partners throughout the year on the design and technical specification of the cruise port investment programme, including proposed new terminals. In the meantime we will roll out our global best in class operating procedures and processes.”
LINK To Post: Global Ports Holding From Turkey Could Be Next To Be Sued Using Title III; President Erdogan Will React Harshly
HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [1:19-cv-21724; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)
HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)
HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)
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)
ZED Mariel (ZEDM) Lawsuits Background
From Court Filings: “CUBA’S CONFISCATION OF THE CONFISCATED PROPERTY 46. On September 29, 1960, per Resolution 436, the Cuban Government announced the confiscation without compensation of all assets and rights, whatever their nature, then owned by the Blanco Rosell Siblings and which are herein defined as the Confiscated Property. Such Confiscated Property includes, inter alia, Maritima Mariel, the 70-year Concession, Central San Ramón, Azucarera Mariel, as well as all the “all shares or stock certificates representing capital of the entities listed in the [other] Whereas of [Resolution 436], ” which included, inter alia, the 70-Year Concession and all the lands owned by these entities. See Resolution 436 at 23406.”
“The fact of the confiscation of the Blanco Rosell Siblings’ property in Cuba was so well known that, on April 18, 2019, the day after the Trump Administration announced that it would allow Helms-Burton Act lawsuits under Title III to go forward, stories published on both Radio Marti and TV Marti identified Plaintiff’s claims to the Mariel Special Development Zone as one of the top 10 potential Helms-Burton Claims: The Mariel Special Development Zone, the star Cuban project to attract investment, was built on nationalized land where the Carranza-Bernal, Carbonell-González and Blanco-Rosell families owned sugar and hemp processing plants.”
“THE CUBAN GOVERNMENT INCORPORATED THE CONFISCATED PROPERTY INTO THE ZONA ESPECIAL DE DESAROLLO MARIEL (“ZEDM”) (a/k/a MARIEL SPECIAL ECONOMIC ZONE) 54. The Zona Especial de Desarollo Mariel (“ZEDM”) (a/k/a Mariel Special Economic Zone) is an agency or instrumentality of the Cuban Government. Created by statute, the ZEDM is a special economic zone in Cuba with its own legal structure. 55. As stated above, the ZEDM has been referred to in the media as “the star Cuban project to attract investment.” See supra, ¶ 51. Starting in or around 2009, the Government of Cuba and various non-Cuban corporate partners rebuilt the Port of Mariel and constructed a container terminal in the ZEDM. 58. The ZEDM’s container terminal subsumes the Blanco Rosell Siblings’ 70-Year Concession rights, pursuant to which they possessed the right, among other things, “to plan, study, execute, maintain, and exploit public docks and warehouses in the Bay of Mariel, province of Pinar del Rio, and the construction of new buildings and works…” See Decree 2367 at 13865.”
ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. CROWLEY MARITIME CORPORATION, Defendant. [3:20-cv-01426 Middle District Florida; Transferred To Florida Southern District 1:21-cv-20443]
Murphy & Anderson, P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)
Venable LLP (defendant)
Jacksonville, Florida-based Crowley Maritime Corporation (2019 revenues approximately US$2.5 billion). “Crowley, founded in 1892, is a privately-held, U.S.-owned and operated logistics, government, marine and energy solutions company headquartered in Jacksonville, Florida. Services are provided worldwide by four primary business units – Crowley Logistics, Crowley (Government) Solutions, Crowley Shipping and Crowley Fuels.”
ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. SEABOARD MARINE, LTD., Defendant. [1:20-cv-25176; Southern Florida District]
Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices of John S. Gaebe (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields (plaintiff)
Morgan, Lewis & Bockius LLP (defendant)
Miami, Florida-based Seaboard Marine is a wholly-owned subsidiary of Merriam, Kansas-based Seaboard Corporation (2019 revenues of US$6.8 billion). Butterball Turkey is a subsidiary of Seaboard Corporation. Seaboard Corporation 2019 Annual Report: "At Seaboard Marine, our container line operating throughout the Americas surpassed $1 billion in revenues despite fierce competition for market share by both regional and global carriers. We run multiple routes from six U.S. ports to 26 countries in the Caribbean, Central and South America."
ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE; Plaintiffs, v. MSC MEDITERRANEAN SHIPPING COMPANY SA. [1:21-cv-23400; Florida Southern District].
Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices Of John S. Gaebe P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON BLANCO, JR.; MAGDALENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE; Plaintiffs, v. CMA CGM S.A. (a/k/a CMA CGM THE FRENCH LINE; a/k/a CMA CGM GROUP); CMA CGM (AMERICA) LLC. [1:21-cv-22778; Southern Florida District]
Berliner Corcoran & Rowe LLP (plaintiff)
Horr, Novak & Skipp P.A. (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)
LINK TO COMPLETE ANALYSIS IN PDF FORMAT
Previous Reference Posts:
Crowley Maritime Corporation Is 32nd Libertad Act Lawsuit- Plaintiffs Target Use Of ZEDM Port
Seaboard Marine Is 31st Libertad Act Lawsuit- Plaintiff Targets Mariel Special Economic Zone Operations
If Biden Suspends Title III, Attorney May Scramble To File Lawsuits
Related Analyses
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