Saudi Arabia's US$193.3 Million To Support "Health, Water And Infrastructure" Projects Indirectly Benefits Expanding Saudi Arabia Relations With China, Which Supports Cuba.

Arab News
Riyadh, Saudi Arabia
26 December 2021

Saudi Fund for Development inaugurates $40m water and sewage rehabilitation project in Cuba 

The project will provide access to safe water and sanitation, enhance livelihoods and provide food security for more than 270,000 people 

RIYADH: A delegation from the Saudi Fund for Development inaugurated a project to rehabilitate the water and sewage system for Camaguey City in central Cuba on Saturday.

Valued at $40 million, the Water Supply and Sanitation Rehabilitation project will provide access to safe water and sanitation, enhance livelihoods and provide food security for more than 270,000 people.  The project also aims to raise the efficiency of drinking water systems and improve health and environmental levels and social and economic development support.  Vice Governor of Camaguey Carmen Maria Hernandez Requejo praised the Kingdom’s contributions through the SFD in supporting and developing infrastructure projects in Cuba.  She also praised the project’s positive impact, which will help reduce the spread of disease caused by unclean water in Camaguey’s population.   

The #SFD delegation inaugurated today, the Water Supply & Sanitation Rehabilitation project in Camaguey City, #Cuba. Valued at $40 million, the funded project will provide access to safe water & sanitation, enhance livelihoods and food security for more than 300,000 beneficiaries pic.twitter.com/VOJahRr7ml  الصندوق السعودي للتنمية (@SaudiFund_Dev) December 25, 2021 

Saudi Ambassador to Cuba Faisal Al-Harbi praised Saudi-Cuban relations and highlighted the developmental role that the Kingdom, through the fund, plays in contributing to support sustainable development.  He said that Saudi Arabia’s contributions to development are not limited to international organizations and that his country works bilaterally with many others without discrimination.  The fund’s director general of Asia operations and head of the visiting delegation, Dr. Saud Al-Shammari, said the project is one of the most important financed by the SDF in infrastructure, as it supports achieving the sixth goal of the UN’s Sustainable Development Goals, “ensuring sustainable management of water and sanitation for all.”  He added the project is part of a comprehensive program for Camaguey City to be implemented in several phases, constituting its first phase.  On the sidelines of the visit, the delegation held meetings with Cuban Deputy Prime Minister Ricardo Cabrisas Ruiz and a number of officials to follow up on the progress of development projects financed by the fund.  The delegation concluded its visit with a trip to the King Salman Mosque project in Havana, which aims to enhance bilateral cultural and social ties.

Over the past years, the SDF has funded seven projects in Cuba in the health, water and infrastructure sectors, at a total cost of $193.3 million, in addition to a $9.3 million grant managed by the fund for constructing the King Salman Mosque.  The fund also contributed to providing support to the Cuban economy through the Saudi Export Support Program. In 2016, it signed an agreement with the Ministry of Foreign Trade and Foreign Investment in Cuba for a total amount of $50 million to import plastic and metal products, agricultural materials and equipment.

China Daily
Beijing, China
28 December 2021

Victor Gao, chair professor at Soochow University in Jiangsu province, noted recently that China is a major power country in the world, especially in new and renewable energy like wind and solar. "And in this regard, China can definitely share its experience with Cuba in many ways, including very interestingly in oil and gas exploration and production," he told CGTN America. "Cuba is very geographically located in the middle of the Gulf of Mexico, and we believe that Cuba actually has large reserves in oil and in gas, but new and renewable energy will be more important because of the climate change impact." In May 2015 the Chinese Export-Import Bank approved a $60 million loan for Cuba to build a biomass plant, which Shanghai Electric took over in 2017. The plant is already connected to the national grid. It is just one small but significant step toward clean energy transition in the country. Shanghai Electric and its joint venture partner Hive Energy also received $160 million from the Export-Import Bank to salvage a photovoltaic park project in Cuba. Venezuela, Bolivia and Suriname have also joined the 31-member BREP.

Lawsuit Against Imperial Brands (UK), Habanos (Cuba), WPP (UK), Young & Rubicam (US), BCW (US) To Receive Second Amended Complaint. 206 New Pages Filed.

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

Berenthal & Associates (plaintiff)
Rodriguez Tramont & Nunez (plaintiff)
Nelson Mullins (defendant)
Allen & Overy (defendant)
Wilmer Cutler Pickering Hale and Dorr (defendant)
Broad & Cassel (defendant)
Akerman (defendant)
Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis (defendant)
Rabinowitz, Boudin, Standard, Krinsky & Lieberman (defendant)
Strook & Strook & Lavan (defendant)

Excerpt:

Plaintiffs have now completed jurisdictional discovery. All Defendants argue that this Court lacks personal jurisdiction. Plaintiffs seek to amend their complaint to clarify and supplement the allegations contained in the (First) Amended Complaint based on the information learned during jurisdictional discovery. The proposed Second Amended Complaint (“SAC”) alleges additional facts regarding this Court’s jurisdiction over Defendants WPP plc, Y&R and BCW. The new facts clarify and add allegations regarding the WPP Parties use of U.S. Services to further trafficking in Plaintiffs’ confiscated property. The new facts also include allegations of concerted action by the WPP Parties. Plaintiffs allege that the WPP Parties provided marketing and advertising services for Imperial and Habanos that served to further the alleged HBA trafficking at issue, for which all Defendants are liable. The newly alleged jurisdictional facts regarding use of U.S. Services, therefore, also affect the jurisdictional arguments made by Imperial and Habanos. The SAC will also address arguments presented in the Defendants’ motion to dismiss, some which were alleged for the first time after Habanos appeared in the action. Finally, the SAC will also address Habanos’ argument regarding propriety of service of process on Habanos as an agency or instrumentality of the Cuban government. The proposed Second Amended Complaint is annexed hereto as Exhibit A, and a redlined version of the same (without exhibits) is annexed hereto as Exhibit B.

208-Page Motion To Leave To Amend Complaint (20 December 2021)

Order Granting Agreed Motion To Set Briefing Schedule For Plaintiffs’ Motion For Leave To Amend The Complaint (20 December 2021)

LINK To Libertad Act Lawsuit Filing Statistics

LINKS To Related Analyses

Did U.S. Department Of Justice “Intervene” And Tip The Scale In A Libertad Act Title III Cuba Lawsuit On Behalf Of United Kingdom-Based Company? Defendants Hope So.  (September 01, 2021) 

Habanos Retains Two U.S. Law Firms For Libertad Act Lawsuit; One Represents Cuba In Exxon Mobil Libertad Act Lawsuit; Plaintiff Files Exhibits. (March 23, 2021) 

UK's Imperial Brands Among Increasing Number Of EU-Based Defendants In Libertad Act Lawsuits Seeking Guidance From EC. (November 10, 2020) 

London-Based Imperial Brands, WWP (And U.S.-Based Subsidiaries Y&R And Burson Cohn Wolfe), Havana-Based Habanos Sued Using Libertad Act: EU Asked To Respond. (October 08, 2020)

Cuba Again Included In Presidential Determination Relating To Trafficking Victims Protection Act Of 2000.

The White House
Washington DC
21 December 2021

Presidential Determination No. 2022-06
MEMORANDUM FOR THE SECRETARY OF STATE
SUBJECT: Presidential Determination with Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons

Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) (the "Act"), as amended, I hereby determine as follows:

As provided for in section 110(d)(1)(A)(i) of the Act, I determine that the United States will not provide nonhumanitarian, nontrade-related assistance to the Governments of Afghanistan, Burma, China, Comoros, Guinea-Bissau, Iran, and South Sudan for Fiscal Year (FY) 2022 until such governments comply with the Act's minimum standards or make significant efforts to bring themselves into compliance with the minimum standards.

As provided for in section 110(d)(1)(A)(ii) of the Act, I determine that the United States will not provide nonhumanitarian, nontrade-related assistance to, or allow funding for participation in educational and cultural exchange programs by officials or employees of, the Governments of Cuba, the Democratic People's Republic of Korea (DPRK), Eritrea, Nicaragua, Russia, and Syria for FY 2022 until such governments comply with the Act's minimum standards or make significant efforts to bring themselves into compliance with the minimum standards.

As provided for in section 110(d)(1)(B) of the Act, I hereby instruct the United States Executive Director of each multilateral development bank, as defined in the Act, and of the International Monetary Fund to vote against and use best efforts to deny any loan or other utilization of the funds of the respective institution (other than for humanitarian assistance; for trade-related assistance; or for development assistance that directly addresses basic human needs, is not administered by the government of such country, and confers no benefit to that government) for the Governments of Afghanistan, Burma, China, Cuba, DPRK, Eritrea, Iran, Nicaragua, Russia, and Syria for FY 2022 until such governments comply with the Act's minimum standards or make significant efforts to bring themselves into compliance with the minimum standards.

Consistent with section 110(d)(4) of the Act, I determine that the provision of all programs, projects, and activities described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act with respect to Algeria, Malaysia, Turkmenistan, and Venezuela would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, I determine that providing the assistance described in section 110(d)(1)(B) of the Act to Comoros, Guinea-Bissau, and South Sudan would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, I determine that a partial waiver with respect to Eritrea and Russia to allow funding for educational and cultural exchange programs described in section 110(d)(1)(A)(ii) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, with respect to Comoros, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for International Military Education and Training (IMET); Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR)-Global Threat Reduction; Development Assistance (DA); Economic Support Fund (ESF); and Global Health Programs (GHP) assistance would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, with respect to Guinea-Bissau, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for IMET, NADR-Conventional Weapons Destruction, DA, ESF, and GHP assistance would promote the purposes of the Act or is otherwise in the national interest of the United States; and

Consistent with section 110(d)(4) of the Act, with respect to South Sudan, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for Peacekeeping Operations, DA, ESF, and GHP assistance would promote the purposes of the Act or is otherwise in the national interest of the United States.

You are authorized and directed to submit this determination, the certification required by section 110(e) of the Act, and the Memorandum of Justification, on which I have relied, to the Congress, and to publish the determination in the Federal Register.

JOSEPH R. BIDEN JR.

LINK TO COMPLETE TEXT OF STATUTE

China-Owned Bank In London Sues Cuba Central Bank And Government Of Cuba. Either Sue For Custodian Account Holders Or Be Sued By Them? Embarrassing For Cuba To Be Sued By "Good Friend."

China-Owned Bank In London Sues Cuba Central Bank And Government Of Cuba.
ICBC Is World’s Largest Bank.
Either ICBC Standard Bank Sued Or It Would Be Sued.
Uncomfortable For Cuba Ally China To Sue A Friend.
Embarrassing For Cuba To Be Sued By A Friend.
ICBC Standard Bank Is Custodian For Debt Holders.
Bank May Be Sued By Clients If Not Viewed As Protecting Rights Of Custodial Account Holders.
Filing Lawsuit, But Not Moving Forward, May Provide Time For ICBC Standard Bank And Cuba To Resolve Issues.
Debate About Debt Assignment In Other Two Lawsuits Connected To Third Lawsuit.

The Republic of Cuba has the sole designation as “good brother, good comrade, good friend” (好兄弟、好同志、好朋友) of the Communist Party of the People’s Republic of China. The Republic of Cuba since 2019 has been one of the 139 country participants in the Belt and Road Initiative (BRI) including the BRI’s Belt and Road Energy Partnership (BREP). 

LINK: Cuba Increases Commercial Relationship With China; Expansion Of "One Belt One Road" Alliance. Increasing Debts To China. (October 20, 2021) 

LINK: New Report Data Shows Cuba Owing China US$4.643 Billion In "sovereign and hidden debt exposure" For BRI And ODA (September 29, 2021)                                                          

On 28 May 2021, London, United Kingdom-based ICBC Standard Bank Plc filed a lawsuit against Banco Nacional de Cuba and the Government of the Republic of Cuba. The lawsuit (CL-2021-000343) was filed in the High Court of Justice, Commercial Court, Part 7 Claim, Central Commercial Contracts and Arrangements. ICBC Standard Bank Plc is represented by London, United Kingdom-based Herbert Smith Freehills LLP.  The defendants have no counsel listed.  The last update to the lawsuit was 22 November 2021.  The claim document has been completed, but has not been served.  No documents have been filed- and no documents could be filed for months.  LINK 

On 28 May 2021, London, United Kingdom-based ICBC Standard Bank Plc filed a lawsuit against Banco Nacional de Cuba and the Government of the Republic of Cuba.  The lawsuit (CL-2021-000346) was filed in the High Court of Justice, Commercial Court, Part 7 Claim, Central Commercial Contracts and Arrangements.  ICBC Standard Bank Plc is represented by London, United Kingdom-based Herbert Smith Freehills LLP.  The defendants have no counsel listed.  The last update to the lawsuit was 22 November 2021.  The claim document has been completed, but has not been served.  No documents have been filed- and no documents could be filed for months.  LINK 

Total amount of claim by ICBC Standard Bank Plc against Banco National de Cuba and Government of the Republic of Cuba is approximately 200 Million Euros (approximately US$224.8 million).  Total amount of interest is approximately 1 Billion Euros (approximately US$1.12 billion).

“Per 5.4C(3)(a-d) of the Civil Procedure Rules a non-party may obtain a copy of a statement of case or judgment or order only if: all the defendants have filed an acknowledgment of service or a defence; or the claim has been listed for a hearing; or judgment has been entered in the claim.” 

In 2022, the High Court of Justice will expectantly require ICBC Standard Bank Plc to serve the claim against Banco Nacional de Cuba and the government of the Republic of Cuba or withdraw the claim.  A result could be ICBC Standard Bank Plc being sued by its custodial clients. 

A separate lawsuit (CL-2020-000092) filed in the United Kingdom, CRF I Limited (Cayman Islands), V. Banco Nacional de Cuba, The Republic of Cuba, London, United Kingdom-based PCB Byrne LLP (solicitor) and London, United Kingdom-based Essex Court Chambers (barrister) are representing the defendants: 

LINK: UK Lawsuit Seeks US$100+ Million From Central Bank Of Cuba & Government Of Cuba. Four Countries. Three Banks. Questions- Defining A "Loan" And Capacity To Contract. Read The 14 Court Filings. (December 06, 2021) 

LINK: Gibson Dunn & Crutcher (London) Represented Plaintiff In US$100 Million Lawsuit Against Cuba. Firm Represents Plaintiff In Libertad Act Lawsuits In Florida, New Jersey, Texas. China A Defendant. (December 07, 2021) 

There was no reference to either lawsuit in the most recent filing by ICBC Standard Bank Plc, “For The Period Ending 30 June 2021.” 

ICBC Standard Bank Plc Background 

“On 1 February 2015, [Beijing, People’s Republic of China-based] Industrial and Commercial Bank of China Limited (ICBC) [2020 assets exceed US$5.4 trillion] acquired a controlling stake in Standard Bank’s London-based Global Markets business, including Standard Bank Plc and other international operations.  Standard Bank Plc was renamed ICBC Standard Bank Plc to incorporate its new shareholding structure.”  

“ICBC (60% ownership)- One of the largest banking groups in the world, by size and profitability; Unparalleled access to global Chinese companies; Renminbi (RMB) and China investing capabilities.  Standard Bank (40% ownership)- Largest banking group in sub-Saharan Africa; Established global markets platform and infrastructure; Deep routed commercial ties across Africa.” 

“The union of ICBC and Standard Bank creates a banking platform to serve the growing demands of Chinese clients for global commodities, fixed income, currency and equities products while continuing as a distribution platform for African risk.  ICBC Standard Bank Plc is a global markets banking specialist offering Commodities and Fixed Income and Currencies (FIC) products with a focus on emerging markets and commodities.  Headquartered in London, ICBC Standard Bank Plc has offices in, Shanghai, Singapore and New York.  ICBC Standard Bank Plc serves its international client base with access to FIC and commodities products. The Bank pursues strong, lasting relationships with its clients, leveraging the strength of its shareholder banking groups.”

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

American Airlines Libertad Title III Lawsuit Becomes First To Seek Review By United States Supreme Court. Twenty-Nine Months From District Court To SCOTUS Is Fast.

ROBERT M. GLEN V. AMERICAN AIRLINES, INC., [1:19-cv-23994 Southern Florida District; 4:20-cv-00482-A Transferred To Northern Texas District; 5th Circuit Court of Appeals 20-10903]

Reid Collins & Tsai (plaintiff)
Ewusiak Law, P.A. (plaintiff)
Jones Day (defendant)
Kelly Hart & Hallman LLP (defendant)

In The United States Supreme Court
ROBERT M. GLEN, Petitioner, v. AMERICAN AIRLINES, INC., Respondent.
On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit
PETITION FOR A WRIT OF CERTIORARI QUESTION PRESENTED

Excerpts:

Question Presented

Title III of the Helms-Burton Act, 22 U.S.C. § 6081 et seq., is a broad remedial statute that authorizes U.S. nationals whose property was confiscated by the Castro regime to assert trafficking claims against those who now unlawfully engage in commercial activity that benefits from confiscated Cuban property. The question presented is whether the single word “acquires” in Section 6082(a)(4)(B) of the Act bars trafficking actions by U.S. heirs who passively inherited claims to confiscated property during the 23 years between the Act’s passage in March 1996 and the lifting of the suspension of its private right of action in May 2019.

The Decision Below Eviscerates the Act’s Broad Remedial Purpose and Contravenes This Court’s Precedents. Title III is a broad remedial statute that endows victims with a private right of action against traffickers of confiscated property. But the Fifth Circuit’s statutory interpretation contravenes this remedial purpose and this Court’s precedent by “reduc[ing] the number of potential plaintiffs to almost zero, rendering [Title III] a dead letter.” United States v. Atl. Rsch. Corp., 551 U.S. 128, 137 (2007). Absent this Court’s intervention, Title III’s landmark private right of action will become illusory. Congress’s purpose in passing Title III is no mystery. Congress enacted Title III of the Act so that victims of the Castro regime could assert claims against traffickers in federal court. This legislative purpose was set forth by Congress directly in Title III itself:

Congress specifically found that “[t]he wrongful confiscation or taking of property belonging to United States nationals by the Cuban Government, and the subsequent exploitation of this property at the expense of the rightful owner, undermines the comity of nations, the free flow of commerce, and economic development.” 22 U.S.C. § 6081(2). Congress further specifically found that “[t]o deter trafficking in wrongfully confiscated property, United States nationals who were the victims of these confiscations should be endowed with a judicial remedy in the courts of the United States that would deny traffickers any profits from economically exploiting Castro’s wrongful seizures.” Id. § 6081(11). The Fifth Circuit’s analysis ignores these legislative findings and Congress’s purpose, instead reading the word “acquires” in a vacuum.

LINKS
29-Page Petition To United States Supreme Court (15 December 2021)
Appendix 1 (15 December 2021)
Affidavit Of Service (15 December 2021)
Certificate Of Compliance (15 December 2021)
Application For Extension Of Time To File To SCOTUS (12 October 2021)
Certification Of Service To SCOTUS (12 October 2021)
Application Of Extension Of Time From SCOTUS (12 October 2021)
5th Circuit Court Of Appeals Judgement (24 August 2021)
Complaints (1:19-cv-23994 Florida- 26 September 2019) & (4:20-cv-00482-A Florida- 26 September 2019)

Libertad Act Lawsuit Filing Statistics

President Biden Rejects BIS License Application To Export Electric Vehicles/Chargers To Cuba's Self-Employed, MSME's. Reversal Of "General Policy Of Approval." President Trump Authorized EV Exports.

Biden-Harris Administration Promotes Worldwide Use Of Electric Vehicles (EVs), But Denies BIS License To Maryland-Based Company Seeking To Export EVs & Chargers To Self-Employed And Micro, Small & Medium-Size Enterprises (MSMEs) In Cuba. 

Trump-Pence Administration Permitted Electric Scooter Exports To Cuban Nationals And EV/Charger Exports To Embassies. 

During Trump-Pence Administration, United States Embassy In Havana Sought Purchase Of EV. During Biden-Harris Administration, United States Department Of State Reports Purchase Unlikely Due To “impediments in the electrical infrastructure and lack of trained mechanics on the island” Really? 

Given Their Respective Divergent Renewable Energy Policy Positions, Who Expected President Donald Trump Would Have Been More Facilitative Than President Joseph Biden On EV Exports To Cuba? 

President Biden’s Staff To Cuba: We Don’t Trust You, So The Environment Can Suffer 

BIS Regulations Suggest License Application Rejected Despite General Policy Of Approval For Items “related to renewable energy or energy efficiency.”   

Did NSC Intervene To Force BIS To Act In Opposition To BIS General Policy Of Approval To Protect “International Air Quality”? 

In a media statement directed to Republic of Cuba nationals on 20 May 2021, The Honorable Antony Blinken, United States Secretary of State, expressed United States support for Republic of Cuba entrepreneurs: “The United States recommits to accompanying the Cuban people in your quest to determine your own future. We will support those improving the lives of families and workers, cuentapropistas who have forged their own economic paths, and all who are building a better Cuba – and a better tomorrow for themselves in Cuba.” 

Secretary Blinken was reiterating the bipartisan conviction of the Obama-Biden Administration (2009-2017), Trump-Pence Administration (2017-2021), and Biden-Harris Administration (2021- ) that the United States should “support the development of private business and [the] operation of economic activity in the non-state sector by self-employed individuals,” as that language is codified at 31 CFR § 515.570(g)(3). 

From The Bureau of Industry and Security (BIS) of the United States Department of Commerce: “There is a general policy of denial for exports and reexports to Cuba of items subject to the EAR, as described in Section 746.2(b) of the EAR. However, there are exceptions to the general policy of denial, some of which are listed below: … Items necessary for the environmental protection of U.S. and international air quality, waters and coastlines, including items related to renewable energy or energy efficiency, are generally approved. A license exception is a general authorization to export or reexport certain items without a license under stated conditions. Only the license exceptions, or portions thereof, listed Section 746.2(a)(1) of the EAR are available for Cuba…. Support for the Cuban People: License Exception Support for the Cuban People (SCP) (Section 740.21 of the EAR) authorizes the export and reexport of certain items to Cuba that are intended to improve the living conditions, support independent economic activity, strengthen civil society, improve the free flow of information, and facilitate travel and commerce.”  LINK  

United States Department of State
Washington DC
3 December 2021

State Department spokesperson: “The Biden Administration has clearly articulated the United States’ goal to accelerate and deploy electric vehicles and charging stations, create good-paying, union jobs, and enable a clean transportation future to combat climate change. However, the United States Embassy in Cuba does not operate any electric vehicles nor has any solar power charging stations at our Embassy compound or residences in Havana. At this time, it would be unlikely that the United States Embassy consider importing one or more electric vehicles for use in Cuba in the near future due to impediments in the electrical infrastructure and lack of trained mechanics on the island to service electric vehicles.”  

9 January 2017, Obama-Biden Administration Approved BIS License (valid until 31 January 2021) For Columbia, Maryland-based Premier Automotive Export, Ltd., To Export Nissan Leaf Electric Vehicle And Clipper Creek Level II 40 Amp Electric Charger With J-1772 Universal Charging Connector To Embassy Of Guyana In Havana, Republic Of Cuba.  LINK  

Embassy of Guyana
Havana, Republic of Cuba
17 March 2017

“OFFICIAL INVITATION LAUNCHING CEREMONY: NISSAN LEAF SUV FULLY ELECTRIC VEHICLE. The Embassy of the Cooperative Republic of Guyana and Cayman Automotive Limited are pleased to extend an Official Invitation to you to attend the Launching Ceremony of the First Fully Electric Vehicle in the Republic of Cuba Under the distinguished patronage of His Excellency Dr. Lancelot Cowie, Ambassador Extraordinary and Plenipotentiary of Trinidad and Tobago to the Republic of Cuba.” LINK 

June 2017: United States Embassy in Havana, Republic of Cuba, requests information from Columbia, Maryland-based Premier Automotive Export, Ltd., for purchasing one electric vehicle.  

13 October 2017, Trump-Pence Administration Approved BIS License (valid until 31 October 2021) For Columbia, Maryland-based Premier Automotive Export, Ltd., To Export Electric Vehicles And Chargers To Embassies Cuba.  BIS License Included Electric Vehicle Exports To United States Embassy In Havana, Republic of Cuba. Authorized Exports: 500- Electric-Powered Golf Carts (US$8,500,000.00); 100- Electric Charging Equipment For Hybrid Or Electric Powered Passenger Vehicles; (US$90,000.00); 25- Hybrid Of Electric-Powered Pickup Trucks (US$1,625,000.00); 500- Hybrid Or Electric-Powered Sedans (US$18,900,000.00); 500- Hybrid Or Electric-Powered Sport Utility Vehicles (SUVs) (US$26,300,000.00); 25- Hybrid Of Electric-Powered Minivans (US$1,200,000.00); 100- Hybrid Of Electric-Powered Hatchbacks (US$4,200,000.00); 150- Hybrid Or Electric-Powered Coupes (US$6,750,000.00); 5000- Electric Motorcycles And Scooters (US$7,500,000.00).  “The items authorized by this license are for the exclusive use of the authorized diplomatic missions or their staff and households only…. Cuban nationals may not use the items unless they are doing so for official purposes of the diplomatic missions.”  “All items shall remain in the possession of the authorized diplomatic missions or their staff and households at all times and must be destroyed (prior to their departure from Cuba) or removed from Cuba (upon their departure from Cuba) by the authorized diplomatic missions or their staff and households.”  LINK 

15 December 2021, Biden-Harris Administration Denied BIS License Application Of 30 September 2021 To Columbia, Maryland-based Premier Automotive Export, Ltd., To Export Electric Vehicles And Chargers To Republic Of Cuba Nationals, Registered Self-Employed, And Micro, Small & Medium-Size Enterprises (MSMEs). From License Application: “Specific End Use- Ordinary Cuban Nationals would be the specific End User and purchasing electric vehicle for their own personal transportation.”  Inventory: 500- Nissan Leaf (US$17,500,000.00). 

There is a BIS license exception authorizing the export of certain items to Republic of Cuba nationals. “§ 740.21 Support for the Cuban People (SCP). (a) Introduction. This License Exception authorizes certain exports and reexports to Cuba that are intended to support the Cuban people by improving their living conditions and supporting independent economic activity; strengthening civil society in Cuba; and improving the free flow of information to, from, and among the Cuban people. (b) Improving living conditions and supporting independent economic activity.…. (1) Items for use by the Cuban private sector for private sector economic activities… (2) Items sold directly to individuals in Cuba for their personal use or their immediate family's personal use,” 

In 2017 and 2018 during Trump-Pence Administration, four (4) electric scooters exported by Columbia, Maryland-based Premier Automotive Export, Ltd., under provisions of a 13 October 2017 BIS license (valid to 31 October 2021) from the United States to the Republic of Cuba. For each transaction, BIS provided electronically with name of Republic of Cuba national end user, address and telephone number of end user, identification number for each end user, and certification that electric scooter did not exceed 1,000 watts. 

United States Department of Commerce
Bureau of Industry and Security
Office of Nonproliferation and Treaty Compliance- Foreign Policy Division
Washington DC
10 November 2021

Columbia, Maryland-based Premier Automotive Export, Ltd., Application Date (30 September 2021). Referred to United States Department of State on 7 October 2021 and closed on 28 October 2021. Referred To United States Department of Defense On 4 November 2021. 

“The Department of Commerce intends to deny the application referenced above. We are taking this action pursuant to Section 1756(a)(2) of the Export Control Reform Act of 2018 (ECRA) and in accordance with Part 750.6(a) of the Export Administration Regulations (EAR). The Department of Commerce believes that denial of this application furthers the United States policy in Section 1752(1)(B) of the ECRA, “to restrict the export of items if necessary to further significantly the foreign policy of the United States.”  We have reviewed your license application to export electric vehicles to Empresa Logistica Palco for resale to the general population in Cuba. Interagency reviewers have determined that your proposed transaction would be detrimental to U.S. foreign policy interests due to an unacceptable risk of diversion to unauthorized end uses and/or end users that primarily generate revenue for the state (including uses in the tourism industry).” 

“The attached application is rejected pursuant to Section 1756(a)(2) of the Export Control Reform Act of 2018 (ECRA), as amended, and paragraph 750.6 of the Export Administration Regulations. The U.S. Government has concluded that the export would be detrimental to U.S. foreign policy interests. Please refer to the attached official intent to deny letter dated November 10, 2021 for details regarding this denial. If you wish to rebut the intent to deny, a work item has been sent via SNAP-R that will allow you provide a rebuttal.”  

United States Department of Commerce
Bureau of Industry and Security
Office of Nonproliferation and Treaty Compliance- Foreign Policy Division
Washington DC
15 December 2021

Columbia, Maryland-based Premier Automotive Export, Ltd., “This application [500- Nissan Leaf Electric Vehicle value US$17,500,000.00] is denied pursuant to Section 1756(a)(2) of the Export Control Reform Act of 2018 and Section 750.6 of the Export Administration Regulations. The Department of Commerce, in consultation with other U.S. Government agencies, has concluded that this export would be detrimental to U.S. foreign policy interests. Refer to the formal intent to deny letter for details regarding this denial.” 

Electric Vehicles In Cuba 

Amsterdam, Netherlands-based Stellantis N.V.-owned Sochaux, France-based Peugeot DTSR-171 electric vans (through Republic of Cuba-based distributor) and Yokohama, Japan-based Nissan Motor Co., Ltd., Nissan NV200e electric vans are using Type 1 (or Yazaki connector) SAE J-1772 standard charge plug. 

Peugeot DTSR-171 electric van: “Has a high-efficiency motor that develops a power of 67 CV and allows it to reach a maximum speed of 110 km/h. Its lithium-ion battery has a capacity of 22.5 kWh and allows it to travel 170 km without recharging, a distance that meets the daily needs of most users of this type of vehicle. The charging time is between six and nine hours if using a normal charging point, although possible to achieve 80% of the charge in thirty minutes using a fast charger.” 

Republic of Cuba government-operated companies Aguas de la Habana (with ten vehicles) and ETECSA use electric vans. 

Cayman Compass
Cayman Islands
18 January 2017 

Excerpts: The license stipulates shipment of “one 2015 Nissan Leaf, 100 percent electric four-door sedan with a range of 87 miles on a single charge. The engine is 24 kilowatts and delivers 97 horsepower,” and costs US$24,850.00.  The document describes the station: “Clipper Creek level II charger is a 40-amp charger fitted with the J-1772 universal charging connector,” the same equipment used in Cayman’s charging stations. The license pegs the cost at US$875.00. Mr. Felder has been operating George Town-based Cayman Automotive since 2005, mostly trading in U.S., Japanese and Chinese trucks and cars. In 2009 he became Cayman’s sole electric-vehicle dealer, selling the first “EV” to Camana Bay and installing almost a dozen-and-a-half charging stations across Grand Cayman, supplying the 52 electric cars on the roads.  The islands boast another 15 gas-electric hybrids.  Guyanese Ambassador to Cuba Halim Majeed thanked Mr. Felder for the initiative: “On behalf of the Government of the Cooperative Republic of Guyana, and, indeed on my own behalf, I would wish to express our gratitude to you for your perseverance in exporting to my embassy a 100 percent electric vehicle,” the ambassador wrote on Jan. 10.  Mr. Felder said he partnered with Advanced Solar Products, Inc., (https://www.advancedsolarproducts.com) based in Flemington, New Jersey, to install 50 charging locations, each costing approximately US$1,000.00, in gas stations across Havana.  “They are going into Havana next month to get operating, and will be shipping chargers next month,” Mr. Felder said, indicating the company may employ Cuban-built solar panels.  In a December 2014 issue of Cuba’s Granma International newspaper, Efren Marcos Espinosa, investment specialist at the Pinar del Rio electric company, said Cuba’s 4,000 solar panels each produced a peak output of 250 watts, saving approximately 8.4 million barrels of crude per year. 

LINK TO COMPLETE SIX-PAGE ANALYSIS IN PDF FORMAT

Ministry of Transport of the Republic of Cuba (MINTRANS): Before 2030, MINTRANS plans for 45% of the total number of vehicles owned by Republic of Cuba government-operated companies will be electric vehicles.  A goal is to introduce more than 56,000 electric vehicles of which about 36,000 will be imported while 17,000 will be retrofitted from existing combustion engine vehicles.  A goal is to install 38,000 charging stations throughout the country with 16,000 fast charging stations and the remainder slow or semi-fast charging stations.  An additional 2,000 slow and fast charging stations will in public places while 180 50KV fast charging stations will be located to supply public services.  The first Cuban company to utilize electric vehicles in the Republic of Cuba was Republic of Cuba government-operated Aguas de la Habana.  The company operates a twenty-two Nissan e-NV200 vehicles.  LINK To YouTube Video: https://www.youtube.com/watch?v=uNhxN0aevXc

LINKS To Related Third-Party Articles/Video 

With Capital From The Canadian Company Deltro Group, 19 Photovoltaic Solar Parks Will Be Built In Cienfuegos (15 December 2021) https://www.minem.gob.cu/es/noticias/minem/con-capital-de-la-compania-canadiense-deltro-group-se-construiran-19-parques-solares 

Electric Vehicles Save Diesel In Havana (2 May 2021) https://www.youtube.com/watch?v=uNhxN0aevXc 

Transtur Makes Electric Car Rental Possible In Cuba (22 February 2021) https://havana-live.com/transtur-makes-electric-car-rental-possible-in-cuba/ 

Mariel Solar Is A 118 Hectare 62MW Solar Park Providing Access To Energy For More Than 10,500 Homes (26 March 2019) https://www.hiveenergy.co.uk/case-studies/mariel-solar/ 

In 2019, Hanoi, Vietnam-based Thai Binh Investment and Trading Corp. [https://www.thaibinhglobal.com] announced in a promotional video that its Green Power Investment Corporation subsidiary will go ahead with a $25 million investment in a solar park at the Mariel Special Development Zone.

LINKS To Related Analyses By USCTEC 

Beginning Today Residents Of Cuba May Purchase And Install Residential Solar Systems. Cost 55,000.00 Pesos (US$2,300.00). Call 7833-3333.  November 04, 2021 

Cuba Has Nickel And Cobalt. Vehicle Electric Batteries Use Nickel And Cobalt. Cuba Should Benefit.  September 25, 2021 

Cuba Suspends Tariffs And Fees For Non-Commercial (SME's Next?) Solar Systems. Another Opportunity For Biden-Harris Administration To Support U.S. Exporters And Florida Companies Should Benefit.  July 30, 2021

Cuba Owes Partner Canada's Sherritt International Corporation Tens Of Millions Of US Dollars. But, Both Cuba & Patient Company (And Shareholders) Anticipate Profitable Role With Electric Vehicles.  July 03, 2021

LINKS To Micro, Small & Medium-Size Enterprise Analyses 

Update: More Than 700 Micro, Small And Medium-Sized Enterprises Approved In Cuba  November 25, 2021

OFAC & BIS To 107 Tech Companies? Cuba. Yes, You Can Go There, But We Dare You. "Encourage & Enable" Not The Same As "Access & Use." Memo: Donilon, Klain, Ricchetti, Richmond, Sullivan.  November 23, 2021

Will President Biden's Statement That His Is "a small business presidency” Extend To Supporting Small Businesses In Cuba?  November 22, 2021

Update On Registration Of Micro, Small & Medium-Size Enterprises In Cuba. Now More Than 600.  November 21, 2021

Cuba Continues To Report On Activity Of MSME's- The Numbers Increase.  November 06, 2021

Joint Venture Between Banco de Sabadell Of Spain And Banco International de Comercio In Cuba Will Provide Financing In Foreign Currency To MSMEs & Non-Agricultural Cooperatives  November 05, 2021

Bormey srl Among The First 35 Newly-Constituted Medium-Sized Enterprises In Cuba, Exported 5,000 Peanut Bars To Italy. Is United States Next? U.S. Department Of State Regulations Would Approve.  October 26, 2021

U.S. Department Of State Issues 2020 Country Reports On Terrorism- Cuba Included; Media Ask Questions Which Mostly Go Unanswered

The Washington Post
Washington DC
16 December 2021

"Asked Thursday about Cuba’s continued presence on the U.S. list of state sponsors of terrorism, the State Department’s acting coordinator for counterterrorism John T. Godfrey said “the Cuba policy and the designation” are “under review.” He spoke to reporters after the State Department’s 2020 Country Report on Terrorism."

Cuba

Overview:  Cuba was designated as a State Sponsor of Terrorism in 1982 because of its long history of providing advice, safe haven, communications, training, and financial support to guerrilla groups and individual terrorists.  This designation was rescinded in 2015 after a policy review found Cuba met the statutory requirements for rescission.  Cuba maintains close and collaborative ties with designated state sponsors of terror such as Iran and North Korea.  Citing peace negotiation protocols signed by Colombia in 2016 that stipulated safe passage for ELN negotiators back to Colombia, the Cuban regime continued to permit ELN negotiators associated with now-defunct peace talks to reside in Cuba, despite Colombia’s repeated requests for their extradition.  Cuba also continues to harbor multiple fugitives who committed or supported acts of terrorism in the United States.

2020 Terrorist Incidents:  There were no terrorist attacks within Cuba in 2020.

Legislation, Law Enforcement, and Border Security:  Citing peace negotiation protocols, Cuba refused Colombia’s request to extradite 10 ELN leaders living in Havana after that group claimed responsibility for the 2019 bombing of a Bogotá police academy that killed 22 persons and injured 87 others.  The Cuban government did not formally respond to the 2019 extradition requests for ELN leaders Victor Orlando Cubides (aka “Pablo Tejada”) and Israel Ramírez Pineda (aka “Pablo Beltrán”) filed by Colombia.

Cuba also harbors several U.S. fugitives from justice wanted on charges related to political violence, many of whom have resided in Cuba for decades.  For example, the Cuban regime refused to return Joanne Chesimard, aka Assata Shakur, a fugitive on the FBI’s Most Wanted Terrorists List, who was convicted of executing New Jersey State Trooper Werner Foerster.  Cuba also refused to return William “Guillermo” Morales, a fugitive bomb maker for the Armed Forces for National Liberation, who is wanted by the FBI and escaped detention after being convicted of charges related to domestic terrorism; Ishmael LaBeet, aka Ishmael Muslim Ali, who received eight life sentences after being convicted of killing eight persons in the U.S. Virgin Islands in 1972 and hijacking a plane to flee to Cuba in 1984; Charles Lee Hill, who has been charged with killing New Mexico state policeman Robert Rosenbloom in 1971; Ambrose Henry Montfort, who used a bomb threat to hijack a passenger aircraft and fly to Cuba in 1983; and Víctor Manuel Gerena, a Puerto Rican militant who stole $7 million in a bank heist.  Cuba is also believed to host or has hosted U.S. fugitive terrorists Catherine Marie Kerkow and Elizabeth Anna Duke.

Countering the Financing of Terrorism:  Cuba is a member of the GAFILAT, a FATF-style regional body.  Its FIU, the Directorate General of Financial Transactions Investigation, is a member of the Egmont Group.  There were no significant updates in 2020.

Countering Violent Extremism:  Cuba conducted no CVE efforts in 2020.

International and Regional Cooperation:  Cuba is not an active member of the OAS.

LINK To Complete Report

United States Department of State
Washington DC
16 December 2021

John T. Godfrey, Acting Coordinator for Counterterrorism and Acting Special Envoy for the Global Coalition to Defeat ISIS, Bureau of Counterterrorism, On the 2020 Country Report on Terrorism

Via Teleconference (excerpts):

MR ICE: Okay. And let’s go to the line of Shaun Tandon.
OPERATOR: Thank you. Your line is open, Mr. Tandon. Go ahead, sir.
QUESTION: Thank you. Thanks for doing the call. Could I ask a question about Cuba? In Chapter 2, State Sponsors of Terrorism, I know it says very clearly that this report doesn’t constitute an announcement, but there’s no information on Cuba on actions that could make it a state sponsor of terrorism. Could you say whether the administration still thinks that Cuba should be designated a state sponsor of terrorism and where any review on that designation is? Thanks.
MR GODFREY: Sorry, having trouble with my mute button there. What I can say about that is that the Cuba policy and the designation you referenced are under review.
MR ICE: And let’s go the line of Daphne Psaledakis.
OPERATOR: Daphne, your line is open. Go ahead, please.
QUESTION: Hi. Thank you so much for doing this. I just wanted to follow up on Shaun’s question about the Cuba State Sponsors of Terrorism review. Could you give us an update on the timeline of that policy review?
MR GODFREY: I’m afraid that I don’t have anything that I can share in terms of sort of an end date or an anticipated end date with respect that review. It’s ongoing and President Biden has said that he remains committed to policies that will advance the democratic aspirations of the Cuban people. But beyond that, I don’t have anything in terms of timing.
MR ICE: Okay. And now let’s go to the line of Beatriz Pascual.
QUESTION: Hi. Thank you very much. So following up on Cuba, I would like to know how high is the review in the list of the priorities for the State Department. And also I would like to ask about las FARC and Venezuela. If you could talk a little bit about what is included in the report about the relation between the dissidents of las FARC, ELN, and the government of Nicolas Maduro? Thank you.
MR GODFREY: Thanks, Beatrice. Maybe to start with the second part, the United States is quite concerned about the continued presence of foreign terrorist organizations in Latin America, including the National Liberation Army, the ELN, and FARC dissidents in both Colombia and Venezuela. We’ve long considered the ELN an FTO, a Foreign Terrorist Organization, and remain concerned about its arms – possession of arms, trafficking of narcotics, kidnapping of innocent individuals, and its attacks on Colombian officials. We have already taken a number of steps to convey our concerns about Venezuela, including the annual certification of Venezuela as not fully cooperating with U.S. antiterrorism efforts. And that’s been something that’s happened every year since 2006, so this is not a new concern. And that certification, which was most recently renewed just this past May, extends the resulting prohibition against the sale or licensing for export of defense articles or services to Venezuela. The Country Reports on Terrorism that we’re talking about in this conversation covers foreign terrorist organizations that were designated during calendar year 2020, and so it doesn’t reflect any changes that occurred in 2021. And that would include the new FTO designations of Segunda Marquetalia and FARC-EP and the revocation of the designation of the former FARC.

11th Circuit Court Of Appeals Hearing Recording For Del Valle Vs. Expedia, Hotels, Orbitz, Trivago, Etc. Libertad Act Lawsuit

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC. Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22619 Southern Florida District; 20-12407 11th Circuit Court of Appeals]

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Baker & McKenzie, LLP (defendant)
Scott Douglass & McConnico (defendant)
Akerman (defendant)

LINK: https://www.ca11.uscourts.gov/oral-argument-recordings?title=20-12407&field_oar_case_name_value=&field_oral_argument_date_value%5Bvalue%5D%5Byear%5D=2021&field_oral_argument_date_value%5Bvalue%5D%5Bmonth%5D=10

LINK: Assigned to tentative calendar number 1 in Jacksonville during the week of October 4, 2021. [07/16/2021]

LINK ORDER: On its own motion, the court Appellant's motion to assign related appeals in 20-12960 to a single panel is GRANTED: the Clerk is DIRECTED to (a) remove Mario Del Valle, et al. v. Trivago GMBH no. 20-12407, from the oral argument calendar to be argued the week of September 20, 2021, in Miami, Florida, and (b) place Mario Del Valle, et al v. Trivago GMBH, et al., no. 20-12407 and these consolidated appeals on the next available oral argument calendar. ENTERED FOR THE COURT-BY DIRECTION. (See attached order for complete text) [07/15/2021]

LINK: Supplemental Authority filed by Appellees EXPE, Hotels.com GP, LLC, Hotels.com L.P. and Orbitz, LLC. [20-12407] (ECF: David Shank) [07/12/2021]

LINK: Appellee's Supplemental Brief filed by Appellee CCL. [20-12960] (ECF: Stuart Singer) [07/28/2021]

LINK: Assigned to tentative calendar number 1 in Jacksonville during the week of October 4, 2021. [07/16/202

LINK: Libertad Act Title III Lawsuit Filing Statistics

11th Circuit Court Of Appeals Recording Of Hearing For Javier-Garcia Bengochea Vs. Carnival Corporation, Royal Caribbean Libertad Act Lawsuits.

JAVIER GARCIA-BENGOCHEA V. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINE, A FOREIGN CORPORATION [1:19-cv-21725 Southern Florida District; 20-12960 11th Circuit Court of Appeals]

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

LINK: https://www.ca11.uscourts.gov/oral-argument-recordings?title=20-12960&field_oar_case_name_value=&field_oral_argument_date_value%5Bvalue%5D%5Byear%5D=2021&field_oral_argument_date_value%5Bvalue%5D%5Bmonth%5D=10

LINK: Assigned to tentative calendar number 1 in Jacksonville during the week of October 4, 2021. [07/16/2021]

LINK: Appellee's Supplemental Brief filed by Appellee Royal Caribbean Cruises LTD.. [20-14251] (ECF: Scott Ponce) [07/28/2021]

LINK: ORDER: “Appellant’s Motion to Assign Related Appeals to a Single Panel’ is GRANTED as follows: the Clerk is DIRECTED to (a) remove Mario Del Valle, et al. v. Trivago GMBH, et al., no. 20-12407, from the oral argument calendar to be argued the week of September 20, 2021 in Miami, Florida, and (b) place Mario Del Valle, et al. v. Trivago GMBH, et al., no. 20-12407, and these consolidated appeals on the next available oral argument calendar...Clerk also is DIRECTED to docket this order in...no. 20-12407. Appellee Carnival’s Motion for Leave to File a Sur-Reply ...and Appellee Royal Caribbean Cruises LTD.’s Motion for Leave to File a Sur-Reply ...are GRANTED IN PART..." ENTERED FOR THE COURT – BY DIRECTION [9422361-2][9422361-3] [9420529-2] (See attached order for complete text) [20-12960, 20-14251]--[Edited 07/19/2021 by TLR] [07/14/2021]

LINK To Libertad Act Lawsuit Filing Statistics

Iberostar Of Spain Files 21st Notice To Court In Libertad Act Lawsuit: No Decision From The European Commission After 609 Days

MARIA DOLORES CANTO MARTI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF DOLORES MARTI MERCADE AND FERNANDO CANTO BORY V. IBEROSTAR HOTELES Y APARTAMENTOS SL [1:20-cv-20078; Southern Florida District]

Zumpano Patricios P.A. (plaintiff)
Bird & Bird (defendant)
Holland & Knight (defendant)

DEFENDANT’S STATUS REPORT

“Since the last update filed on November 12, 2021, Iberostar continues to await a decision on its application for authorization to the European Commission to respond to the Complaint in this action which was filed with the European Commission on April 15, 2020 (the “Application”). Defendant’s Motion to Stay, ¶ 2. (D.E. 16).”

LINK To Court Filing (12/13/21)
LINK To Libertad Act Lawsuit Filing Statistics

Related Analyses

53-Minute Meeting Between President Biden And EC President Von Der Leyen. Again, Nothing About Cuba Libertad Act Lawsuits. EC Won't React Until A U.S. Court Issues A Verdict & Damages Assessed.  November 10, 2021

US Subsidiary Requests 30-Day Court Delay In Libertad Act Lawsuit. Will US Court Approve? Other Requests Were From EU-Based Defendant Parent Companies. Iberostar Waiting 528 Days For EC Guidance September 27, 2021

European Commission (EC) Reports "Several" EU-Based "Persons and Companies" With Libertad Act Title III Engagement. Iberostar Of Spain Waiting 528 Days For EC Guidance 26 September 2021 

During United Nations Meetings, European Commission And United States Continue 2021 Theme For Cuba: Neither Party Wants To Discuss- So They Don’t. For EC, Title III Not As Important As Advertised 23 September 2021

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? June 14, 2021 

After Four Meetings In Brussels, Representatives Of EC, EU, and United States Have Not Discussed Cuba Despite EC Commitment To Do So May 26, 2021  

Third Meeting In Two Months- EU High Representative for Foreign Affairs Borrell Again Does Not Discuss Cuba With U.S. Secretary Of State Blinken. Confirms Cuba Not Important To EU-U.S. Relations. May 04, 2021 

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

EC/EU May Today Find End Of “Comity” By United States Courts. After One Year Waiting, EC/EU May Have Run Out Of Time. April 15, 2021  

Second Visit In Three Weeks- U.S. Secretary Of State To Brussels. EC Writes It Will "Address" Cuba. Did Not Last Time. EU Defendants Waiting One Year For Guidance. April 13, 2021  

Lost In Translation- EP Member & Media Report EC Will “mediate” With Biden Administration About Cuba On Terrorism List. Problem- EC Wrote “we will address this issue” April 02, 2021 

Confusing Message By EC/EU Not Including Libertad Act In Agendas For Meetings With Secretary Of State Blinken. Not As Important As Advertised? March 25, 2021  

In Brussels Will U.S. Secretary Of State Blinken Discuss Cuba, Libertad Act And Venezuela With EC/EU Officials?  Will He Rebuff, Sway Or Be Swayed?  Quid Pro Quo? March 23, 2021  

EC Responds To European Parliament Inquiry About EU Ambassador To Cuba Letter To President Biden- Navarro "Committed Two Major... Failures..." March 12, 2021 

US$6.6 Billion In Twenty Years... 16 December Is 20th Anniversary For Resumption Of Direct Agricultural Commodity And Food Product Exports From United States To Cuba

16 December Is 20th Anniversary For Resumption Of Direct Agricultural Commodity And Food Product Exports From United States To Cuba

First Contracts- Corn (ADM), Poultry (Louis Dreyfus), Rice (Riceland Foods)
December Deliveries- Corn (US$2,327,201.00) And Poultry (US$1,703,610.00)

More Than US$6.6 Billion Spent On “Cash-In-Advance” Basis
Cuba Averages Annually 48th Of 225+ Agricultural Commodity And Food Export Country Markets Measured By The United States Department Of Commerce.   

Highest Ranking- 25th
Lowest Ranking- 63rd
Highest Year 2008- US$710.0 Million
Lowest Year 2002- US$138.6 Million

LINK To Detailed Export Data (2001 To Present) 

26 September 2002 Is 20th Anniversary Of U.S.-Food & Agribusiness Exhibition With 923 U.S. Company Representatives Remains Largest Gathering Since 1959.  Cuba Spent US$91.9 Million During The Event.  LINK To Final Report 

Signed into law by The Honorable William J. Clinton, President of the United States (1993-2001) and implemented by The Honorable George W. Bush, President of the United States (2001-2009), the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000 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.  

Application of the TSREEA is under the auspice of 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 does not include healthcare products, which remain authorized and regulated by the Cuban Democracy Act (CDA) of 1992. 

The Following Is Reporting In November 2001 & December 2001 From The Economic Eye On Cuba As Published At The Time 

On 14 November 2001, Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba, presented a list of products (which has since been expanded) to be purchased from United States-based companies under provisions of the TSREEA.  The government of the Republic of Cuba reported that the decision to purchase products from United States-based companies (and two United States-based subsidiaries of France-based companies) was due to the impact upon inventories from hurricane Michelle on 4 November 2001.  Subsequently, the United States Department of State reported that the TSREEA licensing procedures would be expedited due to the humanitarian nature of the request from the government of the Republic of Cuba.  Thus, while the reason(s) for the decision to purchase the products from United States-based companies (and a United States-based subsidiary of a France-based company) have a humanitarian component, the TSREEA authorizes the purchases regardless of a whether there exists a humanitarian component. 

ADM FIRST U.S. COMPANY SINCE 1962 TO CONTRACT FOR DIRECT FOOD EXPORTS TO CUBA- On 20 November 2001, Decatur, Illinois-based Archer Daniels Midland Company (2000 revenues exceeded US$20 billion) signed the first contract since 1962 by a United States-based company for a direct sale of an agricultural product to a Republic of Cuba-based entity.  Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba, signed a contract with Archer Daniels Midland Company for 20,000 metric tons of Hard Red Winter Wheat for delivery from Texas to the Republic of Cuba in December 2001. ADM also contracted for 5,000 metric tons of long grain white rice (25% broken); 12,000 metric tons of soybeans (human consumption and for crushing); 6,000 metric tons of soybean oil; and 20,000 metric tons yellow corn for delivery in December 2001 and January 2002 through the Port of New Orleans, Louisiana, and the Port of Houston, Texas.  Discussions are continuing for other products.     

RICELAND FOODS OBTAINS CONTRACT FOR RICE EXPORTS TO CUBA- On 21 November 2001, Stuttgart, Arkansas-based Riceland Foods, Inc. (2000 revenues exceeded US$2 billion) signed a contract with Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba, to export 15,000 metric tons of long grain white rice (25% broken) for delivery in December 2001 and January 2002 through the Port of New Orleans, Louisiana, to the Republic of Cuba. 

FIRST COMMERCIAL CARGO TO CUBA IS CORN FROM IL, IN, IA, KS, KY, MN, MO, OH, WI- The first agricultural commodity cargo transported directly from the United States to the Republic of Cuba since 1963 will consist of 24,000 metric tons of corn from farms in Illinois, Indiana, Iowa, Kansas, Kentucky, Minnesota, Missouri, Ohio, and Wisconsin.  Decatur, Illinois-based Archer Daniels Midland Company (2000 revenues US$20.1 billion) included corn from farms throughout the United States to reinforce the significance of the first shipment. 

PORT IN LOUISIANA SELECTED TO LOAD FIRST COMMERCIAL CARGO TO CUBA SINCE 1963- Decatur, Illinois-based Archer Daniels Midland Company (2000 revenues US$20.1 billion) expects this week to commence the loading of 24,000 metric tons of corn which was contracted to Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba.  The corn will be loaded and then transported to the Republic of Cuba from an Archer Daniels Midland Company-owned grain elevator facility located in Ama, Louisiana, approximately 30 minutes from New Orleans, Louisiana.  The loading of the corn will take approximately 15 hours.  The corn is scheduled to arrive at the Port of Havana approximately four days after departing Ama, Louisiana. 

On 20 November 2001, Archer Daniels Midland Company signed the first contract since 1963 by a United States-based company for a direct sale of an agricultural product to a Republic of Cuba-based entity.  Alimport signed a contract with Archer Daniels Midland Company for 20,000 metric tons of wheat for delivery from Texas to the Republic of Cuba; later amended to 30,000 metric tons of wheat. The wheat is being exported through a joint venture, ADM/Farmland Inc., established in 2001 between Archer Daniels Midland Company and Kansas City, Missouri-based Farmland Industries, Inc. (2000 revenues exceeded US$12 billion). 

55.5 MILLION POUNDS OF CORN FROM ADM ARRIVES IN CUBA- On 16 December 2001, 24,000 metric tons (55,555,460 pounds) of corn (No. 2 and No. 3) with a market value of approximately US$2.5 million from Decatur, Illinois-based Archer Daniels Midland Company (2000 revenues US$20.1 billion) arrived at the Port of Havana aboard the 189.8 meter (622.7 feet), 50,000 metric ton deadweight, Singapore-registered bulk carrier M.V. Ikan Mazatlan, operated by Cuernavaca, Mexico-based PACNAV de Mexico S.A. de C.V. and owned by Cuernavaca, Mexico-based Mazatlan Shipping Pte Ltd.  The M.V. Ikan Mazatlan departed from the Port of New Orleans, Louisiana, on 14 December 2001. 

The corn represents the first direct commercial export of agricultural commodities from a United States-based company to the Republic of Cuba since 1963. The corn is from farms in Illinois, Indiana, Iowa, Kansas, Kentucky, Minnesota, Missouri, Ohio, and Wisconsin. The corn was sold to Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba. The total approximate market value (not contract value) of the products contracted by Archer Daniels Midland Company to Alimport since 20 November 2001 is approximately US$14 million, representing approximately 1.8% of the approximately US$750 million in purchases by Alimport in 2000.  The current list:

POULTRY SOLD BY LOUIS DREYFUS CORPORATION OF FRANCE ARRIVES IN CUBA- On 16 December 2001, the M.V. Express container vessel arrived at the Port of Havana, Republic of Cuba, with refrigerated containers carrying 500 metric tons of frozen chicken leg quarters.  The M.V. Express departed Gulfport, Mississippi, on 14 December 2001.  The frozen chicken leg quarters were sold to Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba, by Wilton, Connecticut-basd Louis Dreyfus Corporation, a subsidiary of Paris, France-based Louis Dreyfus Corporation (2000 revenues approximately US$27 billion).   

An additional 2,000 metric tons of frozen chicken leg quarters sold to Alimport by Louis Dreyfus Corporation will be delivered to the Port of Havana during the week of 17 December 2001 aboard the 119.6 meter, Panama-registered Japan Star refrigerated cargo vessel.  The Japan Star is owned by Athens, Greece-based Laskaridis Shipping Co. Ltd. Louis Dreyfus Negoce (a subsidiary of Louis Dreyfus Corporation) has a representative office located in the city of Havana, Republic of Cuba.  Louis Dreyfus Corporation has offices in New York City, New York, and in Wilton, Connecticut; and the company is a partner in a joint venture that owns the 260-room Four Seasons Hotel in Washington, D.C.  

Of the agricultural commodities (with a total market value of approximately US$30 million) contained in the list presented by Alimport to the United States Department of State on 14 November 2001, Louis Dreyfus Corporation has contracted to export from the United States the following products, with a total market value of approximately US$3.5 million: 2,500 metric tons of frozen chicken leg quarters (including the 500 metric tons delivered on 16 December 2001); 22,000 metric tons of corn; and 2,500 metric tons of rough (unmilled) rice. Reportedly, Alimport was requested to include Louis Dreyfus Corporation as a means to lessen unease expressed by current France-based suppliers to Alimport, especially as the government of the Republic of Cuba has substantial outstanding debt to France-based entities (government and private sector). 

Alimport is purchasing approximately 6,000 metric tons of poultry (with a market value of approximately US$6.7 million) from the following companies: Louis Dreyfus Corporation; Atlanta, Georgia-based Gold Kist (2000 revenues exceeded US$1 billion); Arkansas-based Tyson Foods (2000 revenues exceeded US$7 billion); Salisbury, Maryland-based Perdue Farms (2000 revenues exceeded US$2 billion); Pittsburg, Texas-based Pilgrim’s Pride Corporation (2000 revenues exceeded US$2.2 billion); and Omaha, Nebraska-based ConAgra Foods, Inc. (2000 revenues exceeded US$27 billion).   

5.51 MILLION POUNDS OF POULTRY FROM WEST VIRGINIA, ALABAMA, MISSISSIPPI, MARYLAND- On 20 December 2001, the 119.6 meter (392 foot), Panama-registered Japan Star refrigerated cargo vessel commenced loading at the Port of Pascagoula, Mississippi, with 2,500 metric tons (5,511,500 pounds) of frozen chicken leg quarters from Pittsburg, Texas-based Pilgrim’s Pride Corporation (2000 revenues exceeded US$2.2 billion) and Wilton, Connecticut-based Louis Dreyfus Corporation, a subsidiary of Paris, France-based Louis Dreyfus Corporation (2000 revenues approximately US$27 billion).   

66.1 MILLION POUNDS OF WHEAT FROM KANSAS, OKLAHOMA, TEXAS- During the week of 7 January 2002, the first commercial shipment of wheat from the United States to the Republic of Cuba since 1963 will arrive at the Port of Havana.  The 30,000 metric tons (66.138 million pounds) of Red Winter Wheat No. 2 from Kansas, Oklahoma, and Texas, will load at the Port of Galveston, Texas, on the 185.84 meter (609.7 foot) Panama, registered MV Sea Crown, chartered by Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba. The wheat is being exported to the Republic of Cuba through a joint venture, ADM/Farmland Inc., established in 2001 between Kansas City, Missouri-based Farmland Industries, Inc. (2000 revenues exceeded US$12 billion) and Decatur, Illinois-based Archer Daniels Midland Company (2000 revenues US$20.1 billion). 

CARGILL OBTAINS CONTRACT FOR AGRICULTURAL PRODUCT EXPORTS TO CUBA- On 20 November 2001, Minneapolis, Minnesota-based Cargill Inc. (2000 revenues exceeded US$48 billion), signed a contract with Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba, to export 20,000 metric tons of hard red winter wheat; 19,000 metric tons of yellow corn; and 5,000 metric tons of crude vegetable oil for delivery to the Republic of Cuba in January 2002 and February 2002.   

ALIMPORT LISTS AGRICULTURAL COMMODITIES TO BE PUCHASED FROM U.S. COMPANIES- Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba, is purchasing (on a cash basis) the following products, among others, with a total approximate current market value of approximately US$30 million, from United States-based companies (and at least one France-based company).  The US$30 million represents 4% of the approximately US$750 million in food products and agricultural products purchased by Alimport in 2000 for use by the 11.2 million citizens of the Republic of Cuba.  The government of the Republic of Cuba has continually reiterated that these purchases are a one-time series of commercial transactions under a humanitarian umbrella due to the 4 November 2001 impact of hurricane Michelle on inventories, and will not be repeated until there are changes in United States law governing commercial transactions between United States-based companies and Republic of Cuba-based entities.  As of 21 November 2001, the total value of the products purchase thus far by Alimport is approximately US$20 million. H.E. Alejandro Roca, Minister of the Food Processing Industry of the Republic of Cuba, reported that due to the impact of hurricane Michelle on 4 November 2002, the government of the Republic of Cuba was required to immediately spend US$2.925 million to import flour and yeast due to damage to wheat mills and other facilities. Representatives of United States-based companies consider that accepting an “invitation” from Alimport to visit the Republic of Cuba is mandatory in order to be considered as a supplier for the purchases sought by Alimport. 

CROWLEY LINER SERVICES LOWERS RATES FROM UNITED STATES TO CUBA-  Seeking to expand current cargo market share, on 16 November 2001, Jacksonville, Florida-based Crowley Liner Services, a subsidiary of Oakland, California-based Crowley Maritime Corporation (2000 revenues approximately US$1.2 billion), announced implementation of a “humanitarian” pre-paid rate (no payment required by the exporter to a Republic of Cuba government-operated entity) for cargo authorized by the Bureau of Export Administration (BXA) of the United States Department of Commerce in Washington, D.C., and/or by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury in Washington, D.C., from the United States through Mexico to the Republic of Cuba.  The “humanitarian” rate may be used by exporters provided that a license (BXA and/or the OFAC) describing the cargo as “humanitarian” is presented to Crowley Liner Services.

Crowley Liner Services, among other United States-based companies, has authorization from the OFAC to provide regularly scheduled common carrier services between the United States and the Republic of Cuba for products authorized by the BXA and/or the OFAC. Crowley Liner Services currently operates the following routing: Port Everglades-Jacksonville-Havana-Progresso-Vera Cruz-Tampico-Progresso-Port Everglades; but the Port of Havana is not included at this time.  The direct transit time from Port Everglades to Havana is three days.   

Since receiving authorization from the OFAC to transport cargo directly from the United States to the Republic of Cuba, Crowley Liner Services has not been permitted by the government of the Republic of Cuba to operate direct service.  However, cargo (humanitarian and commercial) from the United States has been transported by Crowley Liner Services to Vera Cruz, Mexico, where the cargo is transferred to vessels owned by Republic of Cuba government-operated Melfi Marine Corporation S.A. (a subsidiary of Republic of Cuba government-operated Corporacion Cimex S.A.) for the voyage to the Republic of Cuba. A representative of Crowley Liner Services visited the Republic of Cuba from 21 November 2001 to 23 November 2001 to discuss with Republic of Cuba government-operated Empresa Cubana Importadora de Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of the Republic of Cuba, the provision of direct cargo routings from the United States to the Republic of Cuba in conjunction with commercial exports by United States-based companies to Alimport, Republic of Cuba government-operated MediCuba (under the auspice of the Ministry of Public Health of the Republic of Cuba) and, perhaps, other Republic of Cuba government-operated entities. Alimport is seeking to have food products, agricultural products, and healthcare products delivered from the United States to the Republic of Cuba through ports (New Orleans, Houston, Alabama, etc.) located in those states which include United States-based companies, United States-based organizations, and Members of United States Congress who have sought to expand commercial, economic, and political relations between the United States and the Republic of Cuba. 

LINK TO COMPLETE REPORT

Bureau Of National Affairs
Washington DC
26 November 2001
Agriculture Firms Sign First Farm Deals With Cuba In Almost Four Decades, Led by Giant ADM
By Chris Rugaber

Led by agribusiness giant Archer Daniels Midland, four U.S. companies have agreed to sell agricultural goods to Cuba, becoming the first U.S. companies to do so since 1962, business sources said Nov. 21.

John Kavulich, president of the U.S.-Cuba Trade and Economic Council, a nonpartisan business group, told BNA that representatives of ADM, Con Agra, Cargill, and Riceland were in Havana to sign agreements with Cuba's import agency, Alimport, Nov. 21.  The sales are the first to be made under a sanctions reform provision included in last year's agriculture appropriations bill (P.L. 106-387).  The provision permits the direct export of food and agricultural products to Cuba, subject to licensing requirements.

Proposal to Remove Ban on Private Financing

However, private and government financing of such exports are still banned. A proposal in the current Senate farm bill (S. 1628) would remove the ban on private financing, and may receive a political boost from the sales.  A spokesman for ADM confirmed that his company reached an agreement on wheat and corn sales Nov. 20, and soy, soybean meal, and rice on Nov. 21, though he would not comment on the price or volume of the sales.  Kavulich said that ADM agreed Nov. 20 to sell 20,000 metric tons of wheat with a market value of $2.5 million to Cuba. He added that the sales may not have been at market value, though all were profitable for the companies involved.

Kavulich also said that Cuba expressed interest Nov. 13 in purchasing approximately $30 million in agricultural, health, and construction products. The four agribusiness firms have captured most of the agricultural purchases, he said, which constitute about 80 percent of the requested $30 million.  Three U.S. companies--Gold Kist of Georgia, Tyson Foods of Arkansas, and Perdue Farms of Maryland--were expected to win contracts for poultry exports, Kavulich added.

Previously, the government of Cuba refused to make any purchases under last year's law because of the remaining ban on government and private financing of such transactions.  Cuba's Ministry of Foreign Affairs argued that this essentially left the embargo intact, and was "discriminatory and humiliating" to Cuba.  Nevertheless, after Hurricane Michelle struck Cuba on Nov. 4, Cuban officials approached the United States Nov. 8 to request a temporary suspension of licensing requirements, and to seek permission to use Cuban vessels to transport the purchases, according to Kavulich. 

The United States agreed only to speed the licensing process, he said, and noted that the use of Cuban vessels might prompt attempts by individuals with claims on the government of Cuba to seek a court-ordered seizure of the vessels. As a result, Cuba agreed to have the goods shipped on non-Cuban vessels.  Cuba began soliciting bids from the U.S. companies Nov. 13, Kavulich said. Some of the U.S. companies began submitting licensing requests Nov. 16, while others will be submitted later the week of Nov. 18 and afterward, he said.

Political Impact

Kavulich noted that the purchase "demonstrates the political will and economic ability" of Cuba to purchase agriculture products.  He also said it was a "shrewd move" that might influence the fate of Sen. Tom Harkin's (D-Iowa) farm bill (S. 1628), noting that Cuba approached the U.S. government Nov. 8, the day after the provision permitting private financing was approved by the Senate Agriculture Committee.  Larry Cunningham, senior vice president for corporate affairs at ADM, was optimistic that the deal could have longer term consequences.  "We think this is a breakthrough deal that we hope will lead to further sales to Cuba," he said.  "We hope this will demonstrate to people that we're a nation with agricultural surpluses, only 90 miles" from an untapped market, he added.  

Gannett News Service
Arlington, Virginia
26 November 2001
By Ana Radelat

American farmers are preparing to ship Cuba a mountain of wheat and thousands of tons of corn, soybeans and poultry - the first U.S. food sale to Cuba in nearly 40 years.  U.S. farmers won an easing of the U.S. economic embargo in last year's agricultural appropriations bill.

Last week, representatives of Illinois-based Archer Daniels Midland, Minneapolis, Minn.-based Cargill Inc. and Stuttgart, Ark.-based Riceland Foods Inc., signed contracts in Havana to sell more than 100,000 metric tons of rice, wheat, soy, corn and soy meal and began negotiations to sell beans and cooking oil. Alimport, the Cuban state food import company, wants the commodities to be delivered by Dec. 10.  ADM was the first to sign a contract with Alimport. The deal was for 20,000 metric tons of wheat, which has a market value of about $2.5 million.  ``We've made history,'' ADM spokeswoman Karla Miller said.

Another three companies, Georgia-based Gold Kist, Arkansas-based Tyson Foods, and Maryland-based Perdue Farms, are likely to win some remaining Cuban contracts for 6,000 tons of frozen chicken leg quarters.  Richard Loeb of the National Chicken Council said the poultry sale to Cuba would constitute a fraction of the year's exports for the industry -- which in the first nine months of the year reached 2 million tons.  But he called the opening a "good sign."  The U.S. agribusinesses involved in the sales declined to say how much Fidel Castro's government is paying for their commodities, but the U.S.-Cuba Trade and Economic Council estimates the total amount of purchases to be about $30 million.

Cuba decided to make the buy after rejecting a U.S. offer to send an aid team to assess the damage wrought by Hurricane Michelle, whose winds ravaged hundreds of thousands of acres of sugar cane and destroyed bananas, fruits and other crops Nov. 4. The purchase is possible because a U.S. law approved last year allows the sale of food to Cuba under certain conditions - including the requirement that Castro's government pay cash. Cuba chafed at the conditions and declared it would not buy ``a single grain of rice or aspirin'' until they were removed.  But Castro was pressured to make the purchases because Cuba's food scarcities worsened when Michelle destroyed crops and livestock.  ``We are ready, just for this once, to acquire certain quantities of food and medicine from the United States, paying them in cash,'' Castro said in a televised speech Nov. 16.

Havana initially wanted to ship the foodstuff in Cuban vessels. But when the Bush administration declined to bend the embargo's rules, Havana dropped its demands. The administration, however, said it would expedite the Bureau of Export Control licensing that is needed to complete the sales. 

While some have hailed the Cuban decision to buy American goods as a new thaw in relations between Washington and Havana, U.S.-Cuba Trade and Economic Council President John Kavulich warned it may not happen again.  ``U.S. businesses are treating these purchases as a one-time commercial sale under a humanitarian umbrella,'' he said.  Nevertheless, farm lobbyists continue to press for better access to the Cuban market.  

A provision that would remove the requirement that Cuba pay in cash for American farm products was included this month in a new $174 billion farm bill that the Senate is expected to consider soon.  Championed by Senate Agriculture Committee Chairman Tom Harkin, D-Iowa, and other key farm state lawmakers, the measure would allow private U.S. financing of food sales - one of the restrictions placed on the new trade by embargo supporters in the House last year.     The House has approved a similar bill that does not include the financing provision, making it one of several issues House and Senate negotiators will have to work out when they craft a final farm bill before Congress adjourns in December. 

Dennis Hays, executive vice president of the pro-embargo Cuban-American National Foundation, said the organization is ``not crazy'' about the impending sales to Cuba, but would accept them because they're being carried out within the law and its restrictions.  But the exile group opposes extending U.S. credit to Havana. Hays said Castro does not pay his bills.  ``Everybody else who's done business on credit with Cuba has lived to regret it,'' he said.

91% Increase In U.S. Agricultural Commodity Exports To Cuba In October 2021; Up 80.5% Year-To-Year; Cuba Ranks 63rd Of U.S. Ag/Food Export Markets

ECONOMIC EYE ON CUBA©
December 2021

October 2021 Food/Ag Exports To Cuba Increase 91.8%- 1
56th Of 226 October 2021 U.S. Food/Ag Export Markets- 2
Year-To-Year Exports Increase 80.5%- 2
Cuba Ranked 63rd Of 2021 U.S. Ag/Food Export Markets- 2
October 2021 Healthcare Product Exports US$132,324.00- 2
October 2021 Humanitarian Donations US$2,305,460.00- 3
2021 Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 16

OCTOBER 2021 FOOD/AG EXPORTS TO CUBA INCREASE 91.8%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in October 2021 were US$22,271,632.00 compared to US$11,607,415.00 in October 2020 and US$3,704,369.00 in October 2019.

October 2021 Exports Included: Chicken Leg Quarters (Frozen); Chicken Meat (Frozen); Chicken Legs (Frozen); Decalcium Phosphate; Rice, Fruit.

January 2021 through October 2021 exports were US$226,712,431.00 compared to US$137,869,727.00 for the period January 2020 through October 2020, representing a period increase of 80.5%.

Since December 2001, agricultural commodity and food product exports reported from the United States to the Republic of Cuba is US$6,545,211,487.00.

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.

Click here for a list of agricultural commodities eligible for export to Cuba under Section 902(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000

COMPLETE REPORT IN PDF FORMAT

Gibson Dunn & Crutcher (London) Represented Plaintiff In US$100 Million Lawsuit Against Cuba. Firm Represents Plaintiff In Libertad Act Lawsuits In Florida, New Jersey, Texas. China A Defendant.

CRF I Limited (Cayman Islands), V. Banco Nacional de Cuba, The Republic of Cuba.  High Court of Justice, Business And Property Courts Of England And Wales, Queen’s Bench Division, Commercial Court [Part 7 Claim- General Commercial Contracts], Royal Courts of Justice. [CL-2020-000092 Filed 18 February 2020; Court Filing Fee £10,000.00 (approximately US$13,000.00].

Gibson, Dunn & Crutcher UK LLP (plaintiff)
Memery Crystal (plaintiff)
7 King’s Bench Walk (plaintiff)
PCB Byrne LLP (defendant)
Essex Court Chambers (defendant)

LINK To All Fourteen Court Filings

NORTH AMERICAN SUGAR INDUSTRIES INC., V. XINJIANG GOLDWIND SCIENCE & TECHNOLOGY CO., LTD., GOLDWIND INTERNATIONAL HOLDINGS (HK) LTD., DSV AIR & SEA INC., BBC CHARTERING USA, LLC, and BBC CHARTERING SINGAPORE PTE LTD., [1:20-cv-22471; Southern Florida District]. 

Gibson, Dunn & Crutcher (plaintiff)
Mandel & Mandel (plaintiff)
Morgan, Lewis & Bochius (defendant)
Akerman (defendant)
Hogan Lovells LLP (defendant)

LINK Two Additional Libertad Act Lawsuits Filed In New Jersey And Texas: Now Total Is 36 Lawsuits Since May 2019 

NORTH AMERICAN SUGAR INDUSTRIES INC., Plaintiff, v. DSV AIR & SEA INC., Defendant. [2:21-cv-00080; New Jersey District]. 

Gibson, Dunn & Crutcher (plaintiff)
Morgan, Lewis & Bochius (defendant)

LINK Could Be Politically-Charged: Wind Turbine Company Sued Using Libertad Act By U.S. Company- Case Involves Cuba, China, Hong Kong, Singapore, Florida, Texas, New Jersey, New York 

NORTH AMERICAN SUGAR INDUSTRIES INC., Plaintiff, V. BBC CHARTERING USA, LLC, Defendant. [4:21-cv-00012; Southern District Texas] 

Gibson, Dunn & Crutcher (plaintiff)
Morgan, Lewis & Bochius (defendant)

LINK Two Additional Libertad Act Lawsuits Filed In New Jersey And Texas: Now Total Is 36 Lawsuits Since May 2019 

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. 

42 Lawsuits Filed (15 certified claimants & 27 non-certified claimants)
1 Settlement (certified claimants)
1 Current Lawsuit At Court Of Appeals
5 Of Dismissed Lawsuits At Court Of Appeals
US$272,000.00+ Court Filing Fees (not including attorney court appearance fees)
87+ Law Firms
251+ Attorneys
18,000+ Filed Court Documents
US$22+ Million Law Firm Billable Hours (estimated 75% by defendants)
16 Countries Impacted
119 Plaintiffs (some in multiple cases)
4 Class Action Requests
82 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)
31 Non-United States Defendants
10 European Union-Based Defendants
5 Companies Notified As Potential Defendants

LINK To Libertad Act Lawsuit Filing Statistics

Bloomberg
New York, New York
3 May 2018

Cuba Creditor Hires Lawyer Who Won Argentina Debt Settlement
London Club member trying to recover $1.3 billion from Cuba
Creditors had offered to restructure commercial loans

An investment fund that’s seeking a payout from the Cuban government on more than $1.3 billion in defaulted debtand back interest has hired the lawyer who won a settlement for hedge funds in a long-running legal battle against Argentina. CRF I Ltd. contracted Matthew McGill, a partner with Gibson, Dunn & Crutcher, to represent it in its claim against Cuba “including potential litigation,” according to a letter from the firm provided to Bloomberg News by a fund investor. McGill will be joined by Charles Falconer, the former British secretary of State for Justice, according to the letter. CRF is the largest debt holder in the London Club, a group of creditors with a total of more than $5 billion in defaulted commercial debt and back interest. The debt dates back to the 1970s and 1980s and trades at about 23 to 24 cents on the dollar, according to the creditors.

The Cuban government has said it intends to clear such obligations as it seeks a return to international capital markets. Cuba’s former President Raul Castro negotiated a settlement of $11.1 billion in sovereign debt to the Paris Club of creditors, which forgave all but $2.6 billion. The London Club -- which includes CRF, Stancroft Trust Ltd, Adelante Exotic Debt Fund Ltd, and a commercial bank -- also offered to restructure the loans earlier this year but withdrew the proposal when Cuba failed to respond.

A spokesman for CRF said the company wants to work with Cuba’s new government, under President Miguel Diaz-Canel, “to resolve issues so Cuba can return to the international markets.” McGill and the Cuba Finance Ministry didn’t reply to emails seeking comment. McGill represented NML Capital Ltd for more than 10 years as it sought to recover on defaulted sovereign bonds from Argentina. After winning a case before the U.S. Supreme Court, NML and other hedge funds settled with Argentinafor $4.65 billion. More recently, McGill represented funds that hold Puerto Rican municipal debt in a case that was heard by the Supreme Court in March.

UK Lawsuit Seeks US$100+ Million From Central Bank Of Cuba & Government Of Cuba. Four Countries. Three Banks. Questions- Defining A "Loan" And Capacity To Contract. Read The 14 Court Filings.

Creditor In UK Seeks US$100+ Million From Cuba
Six Judges So Far
Four Countries (Cuba, France, Italy, United Kingdom)
Three Banks (Cuba, France, Italy)
Dispute On Defining A Loan
Dispute About Who Had Capacity To Sign
Illegal Acts?
Cubans In Prison
Objecting To “Vulture Fund”
US$1+ Million Legal Expenses
Lawsuit Filed February 2020; Trial October 2022

CRF I Limited (Cayman Islands), V. Banco Nacional de Cuba, The Republic of Cuba.  High Court of Justice, Business And Property Courts Of England And Wales, Queen’s Bench Division, Commercial Court [Part 7 Claim- General Commercial Contracts], Royal Courts of Justice. [CL-2020-000092 Filed 18 February 2020; Court Filing Fee £10,000.00 (approximately US$13,000.00].

Gibson, Dunn & Crutcher UK LLP (plaintiff)
Memery Crystal (plaintiff)
7 King’s Bench Walk (plaintiff)
PCB Byrne LLP (defendant)
Essex Court Chambers (defendant)

Brief details of claim:

1. The Claimant ("CRF I") is a company incorporated under the laws of the Cayman Islands which holds unpaid Cuban sovereign debt obligations.

2. The First Defendant is the Banco Nacional de Cuba ("BNC"), which is the "Borrower" under the Debts further described below.

3. The Second Defendant is the Republic of Cuba ("Cuba"), which is the "Guarantor" of such Debts.

4. CRF I claims, as assignee under a "Notice of Assignment and Agreement(s) to be bound" dated 13 June 2019, to which the Defendants confirmed their agreement by BNC's letter dated 25 November 2019, sums due and owing to it from the Defendants under the Debts and the Guarantees further described below.

5. The Debts comprise the following written agreements: (1) A "Short-Term Non-Trade Related Indebtedness" dated 17 January 1982, entered into between BNC as "Borrower" and Credit Lyonnais Bank Nederland NV as "Bank" as amended, (the "Credit Lyonnais Debt"); and (2) A "Short-Term Bank Non-Trade Related Indebtedness dated 30 January 1984, entered into between BNC as "Borrower" and lstituto Banco Italiano as "Bank" as amended (the "181 Debt") (together, the "Debts").

6. It was a term of each of the Debts that Cuba enter into a guarantee of the obligations of the "Borrower" thereunder substantially in the form set out in Part IV of the "Particulars" to the Debts (see Clause 23 of the Credit Lyonnais Debt and Clause 23 of the IBI Debt). Cuba entered into such guarantees: (1) in respect of the Credit Lyonnais Debt, on dates presently unknown to CRF I, but in any case by 25 January 1984 (as evidenced by BNC's letter of that date to Credit Lyonnais Bank Nederland NV); and (2) in respect of the IBI Debt, on 30 January 1984 (together, the "Guarantees").

7. As reflected in BNC's letter dated 25 November 2019, the principal amounts under the Debts (exclusive of all unpaid and accrued interests) are: (i) DEM 22,500,000 (equivalent to €11,504,067.33) in respect of the Credit Lyonnais Debt; and (ii) DEM 5,750,000 (equivalent to €2,939,928.32) in respect of the IBI Debt.

8. Interest has accrued on such principal amounts in accordance with the terms of the Debts.

9. The following table sets out in respect of each Debt the principal and accrued interest that are due and owing to CRF I as at the date of this Claim Form and the daily rate at which interest will continue to accrue after that date:

10. CRF I is entitled to and claims from each of the Defendants as "Borrower" in the case of BNC and as "Guarantor" in the case of Cuba: (1) the sum of € 72,122,664.70 in respect of principal and accrued interest under the Debts; and (2) a further sum to be quantified in respect of such further interest as has accrued under the Debts by the time of judgment or payment, whichever is the sooner.

Link To Court Filings:
Claim Form (18 February 2020)
Order (8 March 2021)
Amended Claim Form (16 March 2021)
Consent Order (17 May 2021)
Sealed Amended Claim (14 June 2021)
Amended Points Of Claim (14 June 2021)
Amended Details Of Claim (15 June 2021)
Order (17 June 2021)
Consent Order (13 July 2021)
Consent Order (19 July 2021)
Points Of Defence (23 July 2021)
Consent Order (4 August 2021)
Points Of Reply (4 October 2021)
Defendant’s Response To The Claimant’s Part 18 Requests Of The Points Of Defence (11 November 2021)

Bloomberg
New York, New York
3 May 2018

Cuba Creditor Hires Lawyer Who Won Argentina Debt Settlement
London Club member trying to recover $1.3 billion from Cuba
Creditors had offered to restructure commercial loans

An investment fund that’s seeking a payout from the Cuban government on more than $1.3 billion in defaulted debtand back interest has hired the lawyer who won a settlement for hedge funds in a long-running legal battle against Argentina. CRF I Ltd. contracted Matthew McGill, a partner with Gibson, Dunn & Crutcher, to represent it in its claim against Cuba “including potential litigation,” according to a letter from the firm provided to Bloomberg News by a fund investor. McGill will be joined by Charles Falconer, the former British secretary of State for Justice, according to the letter.

CRF is the largest debt holder in the London Club, a group of creditors with a total of more than $5 billion in defaulted commercial debt and back interest. The debt dates back to the 1970s and 1980s and trades at about 23 to 24 cents on the dollar, according to the creditors. The Cuban government has said it intends to clear such obligations as it seeks a return to international capital markets. Cuba’s former President Raul Castro negotiated a settlement of $11.1 billion in sovereign debt to the Paris Club of creditors, which forgave all but $2.6 billion. The London Club -- which includes CRF, Stancroft Trust Ltd, Adelante Exotic Debt Fund Ltd, and a commercial bank -- also offered to restructure the loans earlier this year but withdrew the proposal when Cuba failed to respond.

A spokesman for CRF said the company wants to work with Cuba’s new government, under President Miguel Diaz-Canel, “to resolve issues so Cuba can return to the international markets.” McGill and the Cuba Finance Ministry didn’t reply to emails seeking comment. McGill represented NML Capital Ltd for more than 10 years as it sought to recover on defaulted sovereign bonds from Argentina. After winning a case before the U.S. Supreme Court, NML and other hedge funds settled with Argentinafor $4.65 billion. More recently, McGill represented funds that hold Puerto Rican municipal debt in a case that was heard by the Supreme Court in March.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Cuba Again Expanding MSME Authorizations To Include Accessing Foreign Capital, Foreign Bank Accounts, Local Development Projects Qualify

RT America
Moscow, Russia
30 November 2021

Cuba relaxes its financial policies for the domestic market and presents a new portfolio of foreign investment businesses

Cooperatives and small and medium-sized private companies will now be able to partner with foreign capital

Havana eases its financial policies for the domestic market. This was reported on Tuesday by the Minister of Foreign Trade and Foreign Investment, Rodrigo Malmierca, when he presented a new business portfolio with more than 670 possibilities during the Second Cuba 2021 Business Forum. Among other novelties, now small and medium-sized private companies will be able, like cooperatives, to associate with foreign capital. This includes new flexibilities from the financial point of view, such as the possibility for entrepreneurs to open accounts in banks in other countries. The business portfolio also accommodates local development projects in the municipalities. So far, the most important investments the country has received are in the food production, tourism and pharmaceutical sectors. In total, the island receives investments from more than 40 countries, said the minister, who described as a priority the expansion and deepening of this mechanism as part of national development.

RT America
Moscow, Russia
30 November 2021

Cuba flexibiliza sus políticas financieras para el mercado interno y presenta una nueva cartera de negocios de inversión extranjera

Cooperativas y pequeñas y medianas empresas privadas podrán ahora asociarse con capital extranjero.

La Habana flexibiliza sus políticas financieras para el mercado interno. Así lo informó este martes el ministro de Comercio Exterior e Inversión Extranjera, Rodrigo Malmierca, al presentar durante el Segundo Foro Empresarial Cuba 2021 una nueva cartera de negocios con más de 670 posibilidades. Entre otras novedades, ahora las pequeñas y medianas empresas privadas podrán, al igual que las cooperativas, asociarse con capital extranjero. Esto incluye nuevas flexibilizaciones desde el punto de vista financiero, como la posibilidad para los empresarios de abrir cuentas en bancos de otros países. La cartera de negocios también da cabida a proyectos de desarrollo local en los municipios. Hasta el momento, las inversiones más importantes que ha recibido el país se encuentran en los sectores de la producción de alimentos, turismo y farmacéutico. En total, la isla recibe inversiones de más de 40 países, aseguró el ministro, quien calificó como prioridad la ampliación y profundización de este mecanismo como parte del desarrollo nacional.

US$400+ Million? Decision(s) By Judge At 14 December 2021 Hearing May Provide Roadmap For What Carnival, MSC, Norwegian, Royal Caribbean May Owe Havana Docks Corporation In Libertad Act Lawsuit

NOTE: ORDER RESETTING HEARING ON MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE is before the Court upon the parties’ Joint Notice Regarding December 14th Hearing. See, e.g., Havana Docks Corp. v. Carnival Corp., No. 19-cv-21724, ECF No. [422]. Upon review, it is ORDERED AND ADJUDGED that the pending Motions for Summary Judgment are reset for hearing on Wednesday, January 12, 2022, at 9:30 a.m., before the undersigned in Courtroom 10-2, 400 North Miami Avenue, Miami, Florida 33128. The Court will allocate the morning and afternoon for the hearing. LINK To Order

From First Complaint (5/2/19): “Plaintiff is entitled to all money damages allowable under 22 U.S.C. § 6082(a), including, but not limited to, those equal to the sum of: a. The amount greater of: (i) the amount certified by the Foreign Claims Settlement Commission, plus interest; (ii) the amount determined by a special master pursuant to 22 U.S.C. § 6083(a)(2); or (iii) the “fair market value” of the Subject Property, plus interest; b. Three times the amount determined above (treble damages); and c. Court costs and reasonable attorneys’ fees.”

LINK To First Complaint (5/2/19)

LINK To Foreign Claims Settlement Commission Certification Of Loss (4/21/71)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

HAVANA DOCKS CORPORATION, Plaintiff, v. CARNIVAL CORPORATION, Defendant.
HAVANA DOCKS CORPORATION, Plaintiff, v. MSC CRUISES SA, MSC CRUISES SA CO, and MSC CRUISES (USA) INC., Defendants.
HAVANA DOCKS CORPORATION, Plaintiff, v. ROYAL CARIBBEAN CRUISES, LTD., Defendant.
HAVANA DOCKS CORPORATION, Plaintiff, v. NORWEGIAN CRUISE LINE HOLDINGS, LTD., Defendant.

SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED BY UNITED STATES NATIONALS. (a) Civil Remedy.-- (1) Liability for trafficking.--(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this title, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of-- (i) the amount which is the greater of-- (I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949, plus interest; (II) the amount determined under section 303(a)(2), plus interest; or (III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and (ii) court costs and reasonable attorneys' fees. (B) Interest under subparagraph (A)(i) shall be at the rate set forth in section 1961 of title 28, United States Code, computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection. (2) Presumption in favor of the certified claims.--There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as described in subclause (I) of that clause. The presumption shall be rebuttable by clear and convincing evidence that the amount described in subclause (II) or (III) of that clause is the appropriate amount of liability under that clause. (3) Increased liability.--(A) Any person that traffics in confiscated property for which liability is incurred under paragraph (1) shall, if a United States national owns a claim with respect to that property which was certified by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949, be liable for damages computed in accordance with subparagraph (C). (C) Damages for which a person is liable under subparagraph (A) or subparagraph (B) are money damages in an amount equal to the sum of-- (i) the amount determined under paragraph (1)(A)(ii), and (ii) 3 times the amount determined applicable under paragraph (1)(A)(i).

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)

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 VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [1:19-cv-21724; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)

LINK To Libertad Act Lawsuit Filing Statistics

ORDER SETTING HEARING ON MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE is before the Court upon the parties’ Joint Request for Oral Argument on Motions for Summary Judgment. See Havana Docks Corp. v. Carnival Corp., No. 19-cv-21724, ECF No. [376]; Havana Docks Corp. v. MSC Cruises, SA, et al., No. 19-cv-23588, ECF No. [260]; Havana Docks Corp. v. Royal Caribbean Cruises Ltd., No. 19-cv-23590, ECF No. [181]; and Havana Docks Corp. v Norwegian Cruise Line Holdings, Ltd., No. 19-cv-23591, ECF No. [283], (collectively, the “Motions”). Upon review of the Motions, it is ORDERED AND ADJUDGED that the Motions are GRANTED, and the pending Motions for Summary Judgment are set for hearing on Tuesday, December 14, 2021 at 9:30 a.m. before the undersigned in Courtroom 10-2, 400 North Miami Avenue, Miami, Florida 33128. The Court recognizes that we continue to be in the midst of a global pandemic. As such, to the extent that the parties would prefer to appear by video conference, the parties should promptly notify the Court. DONE AND ORDERED in Chambers at Miami, Florida, on October 25, 2021.

LINK To Order Setting Hearing On Motions For Summary Judgement (10/26/21)

LINK To Plaintiff's Motion For Permission To Use Sealed Records At The December 14th Hearing (11/19/21)

Cuba 2021 Business Forum To Be Held Virtually. Registration Now Open

Call for II Business Forum Cuba 2021

The Virtual Fair is the opportunity that the Organizing Committee of the II Cuba 2021 Business Forum has created for national and foreign companies participating in the event to showcase their main goods and services. Do not miss the space, register now! LINK

Dear Ladies and Gentlemen,

It is an honor to invite you to participate in the Second Edition of the Cuba 2021 Business Forum, which will be held virtually from November 29 to December 2 of this year, with the aim of continuing promoting foreign trade and investment.

In the context of the COVID-19 pandemic, this Forum will offer an excellent framework for discussion between national and foreign business representatives, the new actors of the Cuban economy, including those of the private sector, government officials, Chambers of Commerce and Trade and Investment Promotion Agencies, who wish to interact and exchange ideas on business and trade with the island.

This second Forum intends to provide a space for information sharing and exchange on the transformations of the Cuban economy. This will be an excellent opportunity to learn about Cuba’s main export products (both goods and services) and business opportunities in prioritized areas such as the biopharmaceutical, tourism and food and agricultural sectors.

This event will also include for the first time a virtual fair, which will allow business representatives to exhibit their products through the Business Forum platform. Another Business Forum will be held with the participation of Cubans residing abroad who have business and investment interests in the island, which will contribute to further strengthen the links between Cubans that live abroad and those that live in Cuba.

Upon registration on the Forum’s website, it will be possible to arrange work meetings with representatives of businesses from the external sector of the economy. We will be pleased if you join us in this Second Cuba 2021 Business Forum through the website www.foroempresarial.mincex.gob.cu. Registration will be open from October 4 to November 25. We look forward to your participation in the forum.

Rodrigo Malmierca Díaz
Minister of Foreign Trade and Foreign Investment
Chair of the Organizing Committee

LINK TO LETTER IN PDF FORMAT

LINK To 55-Page 2021/2022 Cuba Guide For Investment

Biden-Harris Administration Decision By OFAC To Extend U.S. Energy Companies Presence In Venezuela Through General License 8I Is Helpful To Cuba. Trump-Pence Administration Did The Same.

United States-based companies have continued to operate in Venezuela within provisions of licenses issued by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury.   

United States-based Baker Hughes Company (2020 revenues approximately US$23 billion), Chevron Corporation (2020 revenues approximately US$147 billion), Halliburton Company (2019 revenues approximately US$22 billion), Schlumberger (2020 revenues approximately US$33 billion), and Weatherford International (2020 revenues approximately US$5.4 billion).  In 2014, Weatherford pleaded guilty and was fined by the OFAC for exporting oil equipment through third countries to the Republic of Cuba. 

An argument for maintaining United States-based oil field services company operations in Venezuela is the strategic importance of preserving the value of the oil fields- and revenues from oil exports account for nearly ninety percent (90%) of the gross national product (GNP) of Venezuela.  Maintaining value of the oil fields is important also for preserving assets which may be subject to claims against Venezuela for the expropriation of assets owned by United States-based oil field services companies.  There is support for not decapitating all of the United States-based commercial presence in Venezuela for fear that non-United States-based companies will replace United States-based companies.  Officials in the Biden-Harris Administration (2021- ) have discussed a re-opening of the United States Embassy in Caracas.    

With commercial, economic, and political infrastructure in Venezuela strengthening and gaining elasticity, less pressures result in Venezuela maintaining, and in some instances increasing its commercial and economic support to the Republic of Cuba. 

As the distance continues to expand from 2018 when the United States demanded that President Nicolas Maduro (2013- ) vacate the Palacio de Miraflores in Caracas and no departure is reasonably believed forthcoming, there becomes an institutionalization of the issue and a perception of intractiveness, resulting in decreased interest by relevant state actors in pursuing an outcome sought by the United States.  The status quo becomes rigid and foundational.  

China, Cuba, India, Italy, Iran, Russia, Spain, Thailand, Turkey, United Arab Emirates, and United States among others have commercial, economic, and political bilateral relationships with Venezuela and with one another.  Thus, there are interlocking relationships that need be adequately addressed for each government to agree to support any resolution to issues relating to Venezuela.

LINK To “2024 Process For Venezuela”

OFFICE OF FOREIGN ASSETS CONTROL
Venezuela Sanctions Regulations
31 CFR part 591
GENERAL LICENSE NO. 8I

Authorizing Transactions Involving Petróleos de Venezuela, S.A. (PdVSA) Necessary for the Limited Maintenance of Essential Operations in Venezuela or the Wind Down of Operations in Venezuela for Certain Entities

(a) Except as provided in paragraphs (c) and (d) of this general license, all transactions and activities prohibited by Executive Order (E.O.) 13850 of November 1, 2018, as amended by E.O. 13857 of January 25, 2019, or E.O. 13884 of August 5, 2019, each as incorporated into the Venezuela Sanctions Regulations, 31 CFR part 591 (the VSR), that are ordinarily incident and necessary to the limited maintenance of essential operations, contracts, or other agreements, that: (i) are for safety or the preservation of assets in Venezuela; (ii) involve PdVSA or any entity in which PdVSA owns, directly or indirectly, a 50 percent or greater interest; and (iii) were in effect prior to July 26, 2019, are authorized through 12:01 a.m. eastern daylight time, June 1, 2022, for the following entities and their subsidiaries (collectively, the “Covered Entities”):

Chevron Corporation
Halliburton
Schlumberger Limited
Baker Hughes Holdings LLC
Weatherford International, Public Limited Company

Note to paragraph (a): Transactions and activities necessary for safety or the preservation of assets in Venezuela that are authorized by paragraph (a) of this general license include: transactions and activities necessary to ensure the safety of personnel, or the integrity of operations and assets in Venezuela; participation in shareholder and board of directors meetings; making payments on third-party invoices for transactions and activities authorized by paragraph (a) of this general license, or incurred prior to April 21, 2020, provided such activity was authorized at the time it occurred; payment of local taxes and purchase of utility services in Venezuela; and payment of salaries for employees and contractors in Venezuela.
(b) Except as provided in paragraph (d) of this general license, all transactions and activities prohibited by E.O. 13850, as amended, or E.O. 13884, each as incorporated into the VSR, that are ordinarily incident and necessary to the wind down of operations, contracts, or other agreements in Venezuela involving PdVSA or any entity in which PdVSA owns, directly or indirectly, a 50 percent or greater interest, and that were in effect prior to July 26, 2019, are authorized through 12:01 a.m. eastern daylight time, June 1, 2022, for the Covered Entities.
(c) Paragraph (a) of this general license does not authorize: (1) The drilling, lifting, or processing of, purchase or sale of, or transport or shipping of any Venezuelan-origin petroleum or petroleum products; (2) The provision or receipt of insurance or reinsurance with respect to the transactions and activities described in paragraph (c)(1) of this general license; (3) The design, construction, installation, repair, or improvement of any wells or other facilities or infrastructure in Venezuela or the purchasing or provision of any goods or services, except as required for safety; (4) Contracting for additional personnel or services, except as required for safety; or (5) The payment of any dividend, including in kind, to PdVSA, or any entity in which PdVSA owns, directly or indirectly, a 50 percent or greater interest.
(d) This general license does not authorize: (1) Any transactions or dealings related to the exportation or reexportation of diluents, directly or indirectly, to Venezuela; (2) Any loans to, accrual of additional debt by, or subsidization of PdVSA, or any entity in which PdVSA owns, directly or indirectly, a 50 percent or greater interest, including in kind, prohibited by E.O. 13808 of August 24, 2017, as amended by E.O. 13857, and incorporated into the VSR; or (3) Any transactions or activities otherwise prohibited by the VSR, or any other part of 31 CFR chapter V, or any transactions or activities with any blocked person other than the blocked persons identified in paragraphs (a) and (b) of this general license.
(e) Effective November 24, 2021, General License No. 8H, dated June 1, 2021, is replaced and superseded in its entirety by this General License No. 8I.

LINK To OFAC General License No. 81

Why Won't Biden Administration Permit U.S. Entities To Invest/Finance MSMEs? In December, Cuba’s FIMELSA Begins Convertible Currency-Equivalent Loans At 6.5% For 120 Days; Lower For CUP.

Cubadebate
Havana, Republic of Cuba
24 November 2021

Microcredit financial institution created for new Cuban economic actors

The Cuban banking system created a new financial institution to grant microcredits to newly launched MSMEs, as well as self-employed workers and cooperatives. Financiera de Microcréditos SA, legally recognized, arises in response to the need for these actors to be inserted into the country's economic scene, highlighted in a press conference Ayamis Losada García, director of the new company that was born from the transformation of the license of FIMELSA, a non-bank entity dedicated until now to financial intermediation within the national territory.

The institution, which will begin operating on December 15 with a national scope, will be able to grant credits in Cuban pesos (CUP) and in MLC, "in the form of microcredits", that is, small amounts of capital that allow to boost the production of goods and services. Losada García said that, in this first moment, self-employed workers, cooperatives and MSMEs that have demonstrated export capacity will receive financing, and only to make wholesale purchases that are in the country, as well as for payments to entities authorized to sell in the national territory in these coins.

In MLC, she said, the productions and services that have been contracted will be financed in exports, in sales to chain stores in MLC and to the Mariel Special Development Zone. "We need the money to return in the same amount and currency in which it was delivered," she emphasized and said that the financing granted will be placed entirely in the account of the provider of the services or products. According to Losada García, the microcredits will not have a maximum amount, and the minimum could be 100,000 CUP or 500 USD. For the delivery of the money, there is no distinction, whether it is for working capital or for investment, but the characteristics of the project will be evaluated, the directive specified and clarified that the loan must be returned as soon as possible: for MLC the maximum term, Initially, it will be 120 days, and in the case of the CUP it will "be negotiated."

Bárbara Mirabal, vice president of Banco Popular de Ahorro, explained that the amount of the loans and the terms for their repayment depend on the level of financing that has been achieved in foreign currency, taking into account that financial companies obtain the money from procedures business with banks. The objective, at first, is to accompany the economic actors who meet the established conditions, so that they become more dynamic, the money grows and other entrepreneurs who need to enter the market can join. The maximum period that must elapse between the request and the granting of the financing is 10 business days, counted after it is verified that all the information is correct.

The offices of the Financiera de Microcéditos are located at Inmobiliaria Caribe, at ave 47, No. 3413, between 34 and 36, Kohly district, Playa municipality, Havana. Those interested can contact by phone: 72027330 and 72026254 (blackboards), ext 111 and 113, and by email: cliente@microcredito.co.cu.

Frequently asked questions and answers:

1. Being a self-employed worker, can I access this type of financing? Yes, these financings are designed for economic actors, understand self-employed workers, non-agricultural cooperatives, state, private and mixed MSMEs.
2. Can I request microcredits in both types of currency? Yes, only in MLC at least one of the following three conditions must be met: Make sales to chain stores in MLC. Market in the Mariel Special Development Zone. Make exports.
3. What is the maximum amount I can ask for? The maximum amount is defined depending on the nature of the projects that are intended to be financed, but, in any case, it must be known that this type of financing (microcredits) is characterized by being rather small amounts with quick returns.
4. Can I request credit to buy in the network of stores in MLC? No.
5. If my business is new, can I apply for MLC credit to start the business? It will always be dependent on the project that it presents and the potential that can be seen in the business that is being started.
6. Is the credit payment in MLC or CUP? The money is returned in the same currency in which it is requested.
7. In what time can the credit be paid? The time depends on the type of currency, but in any case you should bear in mind that microcredits are characterized by being rather small amounts with quick returns.
8. Would the payment to the bank be monthly? The terms for the payment of principal and interest depend on the type of currency and what the parties agree to.
9. What interest rate does the bank charge for these credits? It depends on the currency in which the financing is requested, in the case of the MLC an interest of up to 6.5% is charged per year, while for the CUP the lowest rates established by the BCC are taken into account, according to the agreed terms .
10. In addition to the interest rate, is there a commission charged? Yes, commissions of up to 0.75% are charged in the case of MLC financing and up to 1% in the case of CUP.
11. In what currency are commissions paid? All obligations with the finance company are paid in the same currency in which the financing was received.
12. Do these credits have to be guaranteed? Yes, the guarantees can be the income session, the pledge of the accounts and the debit notes.
13. What currency would these guarantees be in? All obligations with the finance company are paid in the same currency in which the financing was received.
14. When credit is granted, is it credited to the customer's MLC account? No, one of the conditions for the granting of microcredits in MLC is that the financing granted be placed entirely in the account of the provider of the services or products.

LINKS To Relevant Analyses 

Update: More Than 700 Micro, Small And Medium-Sized Enterprises Approved In Cuba  November 25, 2021

OFAC & BIS To 107 Tech Companies? Cuba. Yes, You Can Go There, But We Dare You. "Encourage & Enable" Not The Same As "Access & Use." Memo: Donilon, Klain, Ricchetti, Richmond, Sullivan.  November 23, 2021

Will President Biden's Statement That His Is "a small business presidency” Extend To Supporting Small Businesses In Cuba?  November 22, 2021

Update On Registration Of Micro, Small & Medium-Size Enterprises In Cuba. Now More Than 600.  November 21, 2021

Cuba Continues To Report On Activity Of MSME's- The Numbers Increase.  November 06, 2021

Joint Venture Between Banco de Sabadell Of Spain And Banco International de Comercio In Cuba Will Provide Financing In Foreign Currency To MSMEs & Non-Agricultural Cooperatives  November 05, 2021

Bormey srl Among The First 35 Newly-Constituted Medium-Sized Enterprises In Cuba, Exported 5,000 Peanut Bars To Italy. Is United States Next? U.S. Department Of State Regulations Would Approve.  October 26, 2021

ProLimp Cleaning In Cuba Precisely Type Of Entrepreneurship Biden Administration Should Support. Will Cuba Permit U.S. Venture Capitalists?  March 08, 2021