Airbnb Fined By OFAC For Accepting In Cuba Guests Traveling Outside Of The Twelve Authorized Categories

"This activity included payments related to guests traveling for reasons outside of OFAC’s authorized categories as well as a failure to keep certain required records associated with Cuba-related transactions."

"Travel-related transactions are permitted by general or specific licenses for certain travel related to the 12 categories of activities identified in § 515.560(a). Those travel-related transactions permitted by general license, subject to specified criteria and conditions, include: family visits; official business of the U.S. government, foreign governments, and certain intergovernmental organizations; journalistic activity; professional research; educational activities; religious activities; athletic competitions by amateur or semi-professional athletes or athletic teams; support for the Cuban people; humanitarian projects; activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or information materials; and certain authorized export transactions."

Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000
§7209. Requirements relating to certain travel-related transactions with Cuba
(a) Authorization of travel relating to commercial sales of agricultural and medical goods
The Secretary of the Treasury shall promulgate regulations under which the travel-related transactions listed in paragraph (c) of section 515.560 of title 31, Code of Federal Regulations, are authorized by general license for travel to, from, or within Cuba for the marketing and sale of agricultural and medical goods pursuant to the provisions of this chapter.
(b) Prohibition on travel relating to tourist activities
(1) In general
Notwithstanding any other provision of law or regulation, the Secretary of the Treasury, or any other Federal official, may not authorize the travel-related transactions listed in subsection (c) of section 515.560 of title 31, Code of Federal Regulations, either by a general license or on a case-by-case basis by a specific license for travel to, from, or within Cuba for tourist activities.
(2) Definition
In this subsection, the term "tourist activities" means any activity with respect to travel to, from, or within Cuba that is not expressly authorized in subsection (a) of this section, in any of paragraphs (1) through (12) of section 515.560 of title 31, Code of Federal Regulations, or in any section referred to in any of such paragraphs (1) through (12) (as such sections were in effect on June 1, 2000).
(Pub. L. 106–387, §1(a) [title IX, §910], Oct. 28, 2000, 114 Stat. 1549, 1549A-71; Pub. L. 111–8, div. D, title VI, §620, Mar. 11, 2009, 123 Stat. 677.)
LINK TO TWELVE AUTHORIZED TRAVEL CATEGORIES
LINK TO COMPLETE STATUTE TEXT

Office of Foreign Assets Control
United States Department of the Treasury
Washington DC
3 January 2022

Excerpts:

Pursuant to communications with OFAC, Airbnb Payments conducted a forensic review based on an approved and statistically significant sampling of “Stays” (i.e., traveler lodging provided by Airbnb, Inc. “Hosts”) and “Experiences” (i.e., traveler activities provided by Airbnb, Inc. Hosts) transactions involving Cuba. By extrapolating the results of that sampling review to the total transactions processed by Airbnb Payments between September 28, 2015 and March 1, 2020, it was determined that Airbnb Payments processed payments related to 3,464 extrapolated Stays transactions in Cuba by Airbnb, Inc. “Guests” traveling for reasons outside of OFAC’s 12 authorized categories.1 The extrapolated average transaction amount processed for each such Stay was $139.52. Airbnb Payments also processed payments related to 3,076 extrapolated Experiences transactions where Airbnb Payments failed to keep records in accordance with the OFAC’s regulations. The extrapolated average transaction amount processed for each such Experience was $78.40. Airbnb Payments also processed payments related to 44 confirmed transactions involving non-U.S. persons engaging in Cuba travel transactions on Airbnb, Inc.’s platform prior to OFAC issuing a specific license to Airbnb, Inc. to engage in such conduct. The average transaction amount processed for those transactions was $111.09. As a result, Airbnb Payments processed payments on behalf of customers on Airbnb, Inc.’s platform in apparent violation of the Cuban Assets Control Regulations (CACR), 31 C.F.R. § 515.201 and § 515.572(b) (the “Apparent Violations”).

These Apparent Violations occurred primarily because Airbnb, Inc. launched its Cuba business in April 2015, which would eventually extend to a global customer base, without fully addressing the complexities of operating a Cuba-related sanctions compliance program for internet-based travel services. As Airbnb, Inc. launched its services in Cuba following regulatory changes announced by the U.S. Government in January 2015, the scaling up of its services in Cuba appears to have outpaced the company’s ability to manage the associated sanctions risks via its technology platforms, leading to some of the Apparent Violations. For example, when Airbnb, Inc. first launched in Cuba, Airbnb Payments used a manual process to screen Hosts and Guests for potential sanctions issues until Airbnb Payments was able to implement a customized Internet Protocol blocking system designed to permit Cubans to act as Hosts on Airbnb, Inc.’s platform while simultaneously preventing Cubans from transacting as Guests on the platform. Similarly, the recordkeeping Apparent Violations related to the Experience transactions were primarily due to technical defects involving an older version of the Airbnb, Inc. mobile application that remained operational for Cuba-related travel. The older version of the application did not maintain complete functionality for Guests to make an attestation regarding their reason for travel to Cuba. Airbnb Payments ultimately discovered the Apparent Violations after proactively initiating a comprehensive review of its sanctions compliance program. Airbnb Payments then voluntarily reported to OFAC the results of its review and lookback and implemented subsequent remedial measures designed to strengthen its sanctions compliance program and prevent recurrences. Additionally, throughout its engagement with OFAC, Airbnb Payments fully cooperated with OFAC, including by responding to multiple requests for information and agreeing to toll the statute of limitations.

LINK To Complete Four-Page Settlement

LINK To Airbnb Previously-Published Analyses

About Emails: According To Plaintiff, Carnival Using "Myopic Application" To Contend Havana Docks Located United Kingdom, Not Kentucky. Carnival Registered Office In UK & Agent In Kentucky.

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)

Excerpts: "With respect to Plaintiff’s nationality under § 6023(15)(B), Carnival acknowledges that Havana Docks was incorporated in Delaware in 1917 and has remained in good standing ever since. (See Def.’s Opposing Stmt. of Facts (ECF No. 367) at ¶¶ 1, 44-46.) But when it comes to Havana Docks’ principal place of business, Carnival argues it is not Lexington, Kentucky—the location from which Jerry Johnson (a corporate officer) manages its assets, receives and pays bills, sends and receives mail, holds annual meetings, and engages professionals to prepare its annual reports and tax returns. Instead, urging a myopic application of the diversity statute’s “nerve center” test, Carnival contends that Havana Docks’ principal place of business is in the United Kingdom, where its president—Mickael Behn—lives... To make this argument, Carnival relies on Ackert’s analysis of the geographic metadata embedded in 801 emails."

Ironically, the registered office for Carnival Corporation & plc is located in the United Kingdom and the Registrars for Carnival Corporation & plc are located in Kentucky...

From Carnival Corporation & plc 2020 Annual Report

Corporate Headquarters
Carnival Corporation Carnival Place 3655 N.W. 87th Avenue Miami, Florida 33178-2428 U.S.A. 305-599-2600

Registered Office
Carnival plc Carnival House 100 Harbour Parade Southampton S015 1ST UK 44 (0) 23 8065 5000

Registrars, Stock Transfer Agents and Dividend Reinvestment Plan Administrators
Carnival Corporation Computershare Investor Services
P.O. Box 505000 Louisville, Kentucky 40233-5000 U.S.A.

LINK: Plaintiff’s Partial Objection To Report And Recommendation On Plaintiff’s Motion To Exclude Opinion Of Julian Ackert (12/24/21)

LINK: Libertad Act Title II Lawsuit Filing Statistics

Icelandair Application To Provide U.S.-Cuba Charter Flights Has Increasing Opposition- From U.S. Charter Operators.

LINK To Previous Post: 3,545 Miles From Its Headquarters, Icelandair Seeks To Operate Orlando-Havana Charter Flights Using 182-Passenger B757-223 Aircraft. Icelandair Services MCO-KEF Market. October 20, 2021

Airline Geeks
Tempe, Arizona
2 January 2022

Icelandair Applies for Cuban, Other Charter Flights
By Joey Gerardi

It is not unusual for an airline to operate charter flights during schedule downtime. Airlines in the U.S. have been found to operate many sports and athletic charters during off-peak seasons of the year. But Icelandair aircraft have been found in the most unusual places almost on a yearly basis, as the airline has been sending charters to the world’s most uninhabited continent, Antarctica.

The Icelandic airline has applied for an interesting set of flights, this time in a more tropical climate. The airline has requested to the Department of Transportation (DOT) for nearly 276 round-trip flights from the U.S. to Cuba, Ecuador and the Dominican Republic. The company requesting the charter flights, called the “charterer,” is Anmart Superior Travel LLC, a Miami-based travel agency that offers charter packages around the Caribbean and South America.

These charter flights have yet to be approved by the DOT, but the applied for charter flights are as follows: Miami – Havana, Cuba >> 136 round-trip flights; Houston Bush – Havana, Cuba >> 17 round-trip flights; Orlando – Havana, Cuba >> 21 round-trip flights.

If approved, all of the flights will take place between Feb.1, 2022, and May 31, 2022, with the exception of four of the 17 Orlando-Havana flights, which would take place between Jan. 11, 2022 and Feb.1, 2022. The aircraft type that would be operated on the routes wasn’t mentioned in the application but could be either of the airline’s aircraft types, the Boeing 757 or 737 MAX.

Charter flights to Cuba from the U.S. have become very popular, especially the Miami to Havana flights, of which Icelandair has applied to operate 136. Like anything, there will be — and has been — major opposition from the current operators on the route. Perhaps the largest charter airline flying between the U.S. and Cuba is Swift Air LLC, and they have sent in a letter to the DOT heavily objecting to the Icelandic carrier’s application, which they call a “Memorandum of Objection.”

Since the Swift Air objection letter was posted, two other charter airlines operating the Florida to Cuba sector have chimed in and joined Swift’s objection to the Icelandair application. The other two airlines are Caribbean Sun Airlines — a.k.a. World Atlantic Airlines — and recently started U.S.-based carrier Global Crossings Airlines a.k.a. GlobalX.

None of the objections mention any Icelandair’s applied for routes except flights to Cuba, with GlobalX specifically mentioning the Miami and Orlando flights. The Icelandic carrier submitted a reply to the objections from the three airlines, saying that “Swift’s objection is entirely misplaced and does not warrant denial of the instant applications” and that the Department of Transportation “should properly grant Icelandair’s requested allotment from the 2021-2022 Cuba pool.”

With the proposed Orlando to Cuba flights tentatively beginning in less than two weeks on Jan.11, 2022, the DOT should be posting a response to the airline’s objections, as well as the decision regarding Icelandair’s application very soon. None of the cities that Icelandair has applied for, except Orlando, currently offer scheduled flights onboard Icelandair, so this could be a great spotting opportunity for those in any of the mentioned cities, especially Miami, which could possibly see daily charter flights on Icelandair aircraft.

ch-aviation
Chur, Switzerland
30 December 2021

Icelandair (FI, Reykjavik Keflavik) has applied to the US Department of Transportation (DOT) for authority to operate 170 round-trip charter flights between the United States and Havana Int'l, Cuba prompting a flurry of objections from US carriers active in the market. The Icelandic carrier is planning to operate 136 round-trips from Miami Int'l and 17 each from Orlando Int'l and Houston Intc'l between February 1 and May 31, 2022, on behalf of Anmart Air tour operator using B757-200 aircraft.

Shortly after the application, iAero Airways (SWQ, Greensboro) objected to Icelandair's request on the grounds that granting the application would be detrimental to US carriers as they would be crowded out of the gradually reopening Cuban market. iAero pointed out that while it and other US carriers have resources allocated to the Cuban market and are "putting them back to work" as demand returns, Icelandair is acting opportunistically without a comparable long-term investment. iAero underlined that it has aircraft available to operate on behalf of Anmart Air, and thus the market would not suffer if Icelandair was denied the rights.

The US-based charter and leisure specialist added that Icelandair was becoming "unduly reliant" on seventh-freedom operations from the US to markets other than Iceland. iAero said, based on Icelandair's own data, that last year, the carrier operated 1,601 round-trips from Reykjavik Keflavik to the US. "By comparison, Icelandair proposes to operate 170 seventh-freedom round trip flights over a 119-day period, which is an annualized rate of 521 round trip flights. More than 20% of Icelandair's US operations will be seventh freedom operations. In these circumstances, this is undue reliance... The Applications appear to reflect Icelandair's intent to establish a year-round seventh-freedom operation between the United States and Cuba," iAero pointed out.

GLOBALX (GXA, Miami Int'l) and World Atlantic Airlines (WL, Miami Int'l) echoed iAero Airways' concerns. "Icelandair's primary reason for seeking approval on an additional 170 flights over a four-month period is to impose an economic hardship on the current US air carriers. Icelandair has not provided any data that indicates that the current air carriers are incapable of handling the current and future passenger demand," the former said. World Atlantic Airways further alleged that Icelandair's ability to serve Cuba on a long-term basis was "less certain" due to the carrier's lack of previous investment in the market.

The Icelandic carrier swiftly refuted iAero Airways' and GLOBALX's allegations. The former's criticism of "undue reliance" on seventh-freedom operations was misplaced, it said, as the calculation was based on a severely reduced number of flights from Iceland operated during the pandemic. Icelandair stressed that usually, its presence in the US is far greater than just the 1,601 yearly round-trips. It added that iAero Airways' allegation of a lack of reciprocity was equally misplaced as it was impossible to compare the size of demand from/to the US and Iceland.

Icelandair further argued that iAero Airways does not have aircraft available to meet Anmart Air's needs. "It is Icelandair's understanding that Swift's [iAero Airways'] fleet consists of B737-400s [the airline also operates B737-800s, the ch-aviation fleets advanced module shows]. The Department will observe that the agreement executed between Icelandair and Anmart is for a B757-223. As the Department knows, the B757 has far larger baggage holds than the B737-400s. Maximum baggage capacity is critical to the proposed charter application. This is so because Anmart's clientele on this route are primarily Cuban-Americans visiting family. As such, they routinely and reliably travel with as many as five bags each," Icelandair pointed out.

The carrier rejected claims that it was depriving US carriers of opportunities since "there [were] presently no other pending applications before the Department for allotment from the pool (by GLOBALX or any other carrier)". Icelandair admitted that it did not provide any data indicating that US carriers could not meet market demand but stressed that it had no regulatory or statutory obligation to do so. The airline "vehemently" rejected claims that it was seeking to establish a year-round presence on the US-Cuba charter market. The US-Cuba charter market is currently capped at 3,600 round-trips per year.

Icelandair also applied for the allocation of charter traffic rights from Miami to Quito Int'l, Guayaquil, and Punta Cana, with 34 round-trips planned to each of the destinations in the same period (February 1-May 31, 2022), also on behalf of Anmart Air. However, traffic rights to Ecuador and the Dominican Republic are less restricted, and these applications did not prompt any objections.

Court Of Appeals "Invites" Biden-Harris Administration To Answer Six Questions In Libertad Act Lawsuits That May Impact More Than Cuba Lawsuits. Will They Answer? Due By 25 January 2022.

Members of the United States Congress will follow closely how the Biden-Harris Administration (2021- ) responds to the United States Court Of Appeals For The Eleventh Circuit in Atlanta, Georgia. How words are defined may be a catalyst to seek legislative changes to the text (particularly Title III) of the Cuban Liberty and Democratic Solidarity Act (“Libertad Act”) of 1996.

The Court invites the United States to address the following questions concerning the Helms-Burton Act, 22 U.S.C. § 6082:

1. Does the term “United States national” in 22 U.S.C. §§ 6082(a)(4)(B) and 6082(a)(4)(C) refer to the plaintiff bringing the action, or the original claimant to the confiscated property, or both?

2. What does the word “acquire[ ]” in 22 U.S.C. § 6082(a)(4)(B) mean? Is inheritance encompassed in the term “acquire[ ]?” And if “acquire[ ]” does include inheritance, at what point is a claim “acquire[d]” by an heir within the meaning of the statute?

3. How, if at all, does the phrase “assignment for value” in 22 U.S.C. §6082(a)(4)(C) affect the pool of eligible claimants compared to the pool of eligible claimants under 22 U.S.C. §6082(a)(4)(B)?

4. What effect, if any, does the President’s ability to suspend Title III pursuant to 22 U.S.C. § 6085(b) have on defining the class of eligible claimants who can bring an action under 22 U.S.C. § 6082(a)(4)? Does the President’s ability to suspend Title III imply that the statute was drafted to allow the heirs of American citizens – whose property was unlawfully confiscated and “trafficked” by third parties – to bring claims under 22 U.S.C. § 6082(a)(4)?

5. What effect, if any, does the lawful travel exception, 22 U.S.C. §6023(13)(B)(iii), have on the plaintiffs’ claims? What effect, if any, does the possibility that the Office of Foreign Assets Control (OFAC) can change the permissible reasons for travel to Cuba have on the lawful travel exception?

6. What does the phrase “incident to lawful travel” in 22 U.S.C. §6023(13)(B)(iii) mean? Who or what defines “lawful travel” (e.g. OFAC)? What guidance should persons and entities look to in determining whether their activities are “incident to lawful travel?”

MEMORANDUM TO COUNSEL OR PARTIES
Appeal Number: 20-12407-DD ; 20-12960 -BB ; 20-14251 -BB
Case Style: Mario Del Valle, et al v. Trivago GMBH, et al
District Court Docket No: 1:19-cv-22619-RNS

MARIO DEL VALLE, ENRIQUE FALLA, ANGELO POU, Plaintiffs - Appellants, versus TRIVAGO GMBH, a German Limited Liability Company, BOOKING.COM B.V., a Dutch Limited Liability Company, GRUPO HOTELERO CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE 1-5, MARIELA ROE 1-5, EXPEDIA, INC., et al., Defendants - Appellees. No. 20-12407-DD.

JAVIER GARCIA-BENGOCHEA, Plaintiff - Appellant, versus CARNIVAL CORPORATION, a foreign corporation d.b.a. Carnival Cruise Lines, Defendant - Appellee. No. 20-12960-BB.

JAVIER GARCIA-BENGOCHEA, Plaintiff - Appellant, versus ROYAL CARIBBEAN CRUISES, LTD., Defendant - Appellee. No. 20-14251-BB.

On Appeal from the United States District Court for the Southern District of Florida

BEFORE: JORDAN, NEWSOM, and BURKE,* District Judge.
ORDER: The Court invites the United States – through the Attorney General, the Solicitor General, and/or the Office of the Legal Adviser to the State Department –to file an amicus brief in Mario Del Valle, et al., v. Trivago GMBH, et al., No.20-12407 (argued Oct. 4, 2021), Javier Garcia-Bengochea v. Carnival Corporation, No. 20-12960 (argued Oct. 4, 2021), and Javier Garcia-Bengochea v. Royal Caribbean Cruises, LTD., No. 20-14251 (argued Oct. 4, 2021), pursuant to Fed.R.App.P. 29(a)....The Court invites the United States to address the following questions concerning the Helms-Burton Act, 22 U.S.C. § 6082:...The court asks that the U.S. file its amicus brief by 2/25/22... AJ, KCN and LCB (See attached order for complete text) [20-12407, 20-12960, 20-14251] [Entered: 12/20/2021 04:48 PM]

The Court invites the United States to address the following questions concerning the Helms-Burton Act, 22 U.S.C. § 6082:

1. Does the term “United States national” in 22 U.S.C. §§ 6082(a)(4)(B) and 6082(a)(4)(C) refer to the plaintiff bringing the action, or the original claimant to the confiscated property, or both?

2. What does the word “acquire[ ]” in 22 U.S.C. § 6082(a)(4)(B) mean? Is inheritance encompassed in the term “acquire[ ]?” And if “acquire[ ]” does include inheritance, at what point is a claim “acquire[d]” by an heir within the meaning of the statute?

3. How, if at all, does the phrase “assignment for value” in 22 U.S.C. §6082(a)(4)(C) affect the pool of eligible claimants compared to the pool of eligible claimants under 22 U.S.C. §6082(a)(4)(B)?

4. What effect, if any, does the President’s ability to suspend Title III pursuant to 22 U.S.C. § 6085(b) have on defining the class of eligible claimants who can bring an action under 22 U.S.C. § 6082(a)(4)? Does the President’s ability to suspend Title III imply that the statute was drafted to allow the heirs of American citizens – whose property was unlawfully confiscated and “trafficked” by third parties – to bring claims under 22 U.S.C. § 6082(a)(4)?

5. What effect, if any, does the lawful travel exception, 22 U.S.C. §6023(13)(B)(iii), have on the plaintiffs’ claims? What effect, if any, does the possibility that the Office of Foreign Assets Control (OFAC) can change the permissible reasons for travel to Cuba have on the lawful travel exception?

6. What does the phrase “incident to lawful travel” in 22 U.S.C. §6023(13)(B)(iii) mean? Who or what defines “lawful travel” (e.g. OFAC)? What guidance should persons and entities look to in determining whether their activities are “incident to lawful travel?”

The Court asks that the United States file its amicus brief by February 25, 2022, at which time the parties in the cases will be permitted to respond. Should the United States elect not to file an amicus brief, it should so notify the Court by January 25, 2022.

U.S. ATTORNEY GENERAL
UNITED STATES SOLICITOR GENERAL
OFFICE OF THE LEGAL ADVISER, U.S. DEPARTMENT OF STATE
UNITED STATES OF AMERICA (Southern District Attorneys)

LINK To Order (12/20/21)
LINK To Libertad Act Title III Lawsuit Statistics

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.  December 20, 2021

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)

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)

JAVIER GARCIA-BENGOCHEA VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23592; Southern Florida District; 20-14251 11th Circuit Court of Appeals]

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

With Three Days Remaining In 2021, Bacardi Sues United States Patent And Trademark Office For In 2016 Authorizing The Registration Of "Havana Club" Rum

Bacardi & Co v. U.S. Patent and Trademark Office, U.S. District Court for the Eastern District of Virginia, No. 1:21-cv-01441.

Covington & Burling (plaintiff)
Kelley Drye & Warren (plaintiff)

Excerpts:

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs Bacardi & Company Limited (“BACO”) and Bacardi U.S.A. Inc. (“BUSA”) (collectively, “Bacardi”), by and through their attorneys Kelley Drye & Warren LLP and Covington & Burling LLP, as and for their complaint against the United States Patent and Trademark Office (“PTO”), alleges as follows:

NATURE OF THE ACTION
1. Bacardi brings this action to set aside the unlawful and arbitrary actions of the PTO which purported to renew the HAVANA CLUB trademark registration held by Empresa Cubana Exportadora de Alimentos y Productos Varios d/b/a Cubaexport (“Cubaexport”) ten years after the registration had expired by operation of the Lanham Act and was declared “cancelled/expired,” because Cubaexport had failed to pay the required filing fee within the time period required by statute.

On January 11, 2016, OFAC issued Cubaexport a specific license purporting to authorize Cubaexport to “engage in all transactions necessary to renew and maintain the HAVANA CLUB trademark registration No. 1,031,651.”

13. Only three days later, the PTO suddenly acted on Cubaexport’s ten-year-old petition in a brief decision by the Commissioner for Trademarks acting under delegated authority from the Director.

14. The PTO granted the petition and purported to authorize renewal of Cubaexport’s long-dead HAVANA CLUB registration on the grounds that it had somehow retroactively paid the filing fee.

LINK To Complaint (12/28/21)

Reuters Americas
New York, New York
29 December 2021

Bacardi has sued the U.S. Patent and Trademark Office for allegedly violating the law by reviving a Cuban government entity's "Havana Club" trademark, which the liquor giant uses on American rum. The lawsuit, filed Tuesday in Virginia federal court, is part of a long-running battle between Bacardi and Cuba over the "Havana Club" name, which Bacardi says was unlawfully seized along with the assets of Cuban company Jose Arechabala SA by the Castro regime in 1960.

The complaint said Bacardi began selling Havana Club rum in the U.S. in 1995 after buying the brand from JASA. Cuba's state-run Cubaexport and French spirits company Pernod Ricard sell rum under the same name in other countries, but are barred from selling it in the U.S.
Bermuda-based Bacardi's founders were exiled from Cuba after the Cuban revolution.

Cubaexport first registered the "Havana Club" trademark in the U.S. in 1976. According to the complaint, Cubaexport tried to renew the registration in 2006, but was thwarted after failing to get a license from the U.S. Treasury Department's Office of Foreign Assets Control. The complaint said Cubaexport's trademark should have expired six months later under federal law, but the PTO renewed the registration shortly after OFAC gave it a license in 2016.

Bacardi's complaint said the renewal "some ten years after the registration had expired is a moral outrage to be sure, but also violates the law and must be set aside." It also said Bacardi's application to register its "Havana Club" mark will likely be refused because of it. "Bacardi has pledged that we would take every means available to protect 'Havana Club,'" and the complaint is "a continuation of that ongoing fight," a Bacardi spokesperson said in a Wednesday email. The PTO didn't immediately respond to a request for comment.

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