Knowing In Advance Reaction From Capitol Hill, Might Biden Administration Be Testing Political Temperatures For Changes To Cuba Policy? Or, Just Another Budget Reduction?

Politico
Arlington, Virginia
6 January 2022

FIRST IN NATSEC DAILY –– USAGM CONSIDERING CUBA BROADCASTING DOWNSIZE: The U.S. Agency for Global Media is looking into a potential downsizing of its Office of Cuba Broadcasting, per our own DANIEL LIPPMAN, its hands forced by an ever-shrinking budget.

“Yesterday USAGM notified Congress of its intention to evaluate a potential Reduction-in-Force (RIF) within the OCB through consultation with experts within the Office of Personnel Management,” UASGM said in a statement to Lippman. “USAGM and OCB leadership continue to explore all options for cost reductions without compromising the ability to achieve its mission, including personnel reductions, to operate within the funding levels set by the Congress in recent years and to meet the President’s 2022 budget request for OCB of $13m.”

The budget for OCB has seen a steady decline in recent years, with the office spending nearly $29 million in fiscal year 2019, then almost $25 million in 2020 and nearly $20 million in 2021. As a result, USAGM’s acting CEO, KELU CHAO, informed Sen. CHRIS COONS (D-Del.) of the push for “workforce shaping services” in a Tuesday letter.

The move is likely to face stiff bipartisan resistance by some on the Hill, even though OCB has provided some taxpayer-funded embarrassments, such as an anti-Semitic segment.

“As OCB undergoes reforms, now is not the time to cut critical services supporting the free flow of information into and out of the island,” Sen. BOB MENENDEZ (D-N.J.), chair of the Senate Foreign Relations Committee, told Lippman. “I will ensure that any restructuring and staffing decisions don’t undermine the work of Radio and TV Marti, or the new technologies and internet freedom tools from the Office of Cuba Broadcasting.”

“It’s outrageous that the Biden administration wants to cut funds for Radio and TV Martí, a critical and independent source of information in support of democracy and Cubans on the island. It’s shameful and embarrassing, especially following last year’s historic protests. My office is in contact with USAGM and I will do everything I can to prevent this unjustified cut,” said Sen. MARCO RUBIO (R-Fla.), a longtime critic of the Cuba regime.

LINK To Office Of Cuba Broadcasting Three-Page Description

Embassy Of Italy: V International Workshop of Women Entrepreneurs In Cuba: "The Talent Of Women. Art, Crafts & Design"

Estación Cultural de Línea y 18, Club Habana.

Havana, Republic Of Cuba
4 April 2022 To 6 April 2022

The Organizing Committee of the V International Workshop of Women Entrepreneurs is pleased to invite you to this fifth edition under the slogan “The Talent of Women. Art, Crafts and Design", with the aim of outlining the challenges that women face today as they try to overcome the great health emergency caused by Covid-19, and provide them with tools to identify and take advantage of market, business, collaboration and growth opportunities.

The meeting will also allow the exchange of experiences, and will promote innovative approaches in the discussion of relevant and current issues.

Focused on topics related to creativity, innovation, training, sustainability, inclusion and incentives and opportunities for new generations, women from various sectors will confront practices and knowledge to generate synergies and achieve greater visibility.

Experts in market trends, generation of commercial connections, training and project development will be present.

Panels, training activities, B2B meetings, all in an interactive way, as well as a product exhibition, will promote the exchange of best actions and individual experiences, dialogue, creative endeavours and the implementation of collaborative projects with new concepts that respond in a way effective to the economy, sustainability and a more inclusive society.

We extend this invitation with the purpose of reaffirming that art, crafts and design have the power to lead us to discover ideas and solutions that we could never have imagined before. Havana City where recognized cultural and historical heritages are integrated generating identity, awaits you.

LINK To Home Page For Event (REGISTRATION OPEN UNTIL 28 FEBRUARY 2022)

LINK To Six-Page Announcement In PDF Format

LINK To Four-Page Program In PDF Format

Why Is National Security Council (NSC) In The White House Refusing To Permit U.S.-Based Investors/Financiers To Directly Support Women-Owned (Or Men-Owned) Businesses In Cuba? State Dept. Complicit?

Associated Press
New York, New York
5 January 2022

HAVANA (AP) — Cuba was an early leader in recognizing women’s rights and equality after Fidel Castro’s revolution in 1959. Women were put in positions of power and responsibility, and the government legalized abortion and created day care centers, steps that allowed women to join the workforce alongside men. Yet Cuban women who are seeking to take part in the island’s gradual opening to independent small businesses say they are facing unique challenges put up by a patriarchal society that favors men and male-owned businesses. 

At a recent business expo for women entrepreneurs, Natalhie Fonseca, owner of Carrete, an online enterprise she started to make and sell handmade decorations for children’s rooms, said women are held back by Cuban society’s expectations that they also be homemakers.  Fonseca said she rises at dawn, washes, cooks, takes care of her two girls, cleans, and works part-time in her husband’s coffee shop, in addition to working on her own business.  “Twenty-four in a day are not enough,” she lamented. ”If we had a little help.” 

AIynn Torres, a researcher on gender issues at the Rosa Luxemburg Foundation, said that while Cuba “made a very big leap” in the 1960s and ’70s in bring women into the workforce, its efforts have stagnated.  She said 60% of Cuba’s university graduates are women, but they mostly end up in the least paid economic sectors, such as education or social assistance. Women account for only a third of self-employed workers in Cuba, whose economy is still largely state-run businesses, and they make up just over 20% of the owners of small- and medium-size businesses, according to official figures.  “Conscious and systematic state actions, not only words, are absolutely essential to ensure the greater participation of women,” Torres said. She said there should be more credit available for women business owners and more done to care for children, the sick and the elderly, which are responsibilities that now fall mainly on Cuba’s women. 

Battered by low economic productivity as well as the obstacles presented by the U.S. embargo, Cuba’s government a gradual opening of the private sector during the last decade.  Then President Raul Castro added licenses to open private businesses, legalized real estate transactions and the sale of unused land, and made credit more accessible, among other measures.  According to official figures, in 2020 there were 602,000 self-employed Cubans, some of whom have started their own businesses. About 210,000 of them were women. 

In September, current President Miguel Díaz-Canel approved the creation of privately owned businesses — something that was once inconceivable after authorities closed all privately owned business on the island in 1968. In the five months since, licenses have been granted for 1,014 additional private businesses, 22% of them for women.  But theory ran into practice for Ena María Morales, who wanted to grow plants needed for her business to make all organic handmade soaps. She said male farmers resisted her efforts to acquire the raw materials.  “That was my first confrontation with a macho world,” she said. ”... The men would say to me, ‘You with that long hair, no, no, no.’” 

The COVID-19 pandemic also has been an impediment for many women hoping to start their own businesses. With their children at home because of cancelled schools and husbands or partners marching off to work, many struggled to find time for entrepreneurship.  “It is a very new thing that women are joining little by little and I hope that soon that will really change, because although we are the directors of the house, there are many empowered women,” said Ana Mae Inda, who sells children’s clothes. 

Women of color said race is yet another difficulty in opening up businesses.  “Being a woman and being Black means that we face certain barriers, not only in the social world but also within the entrepreneurship itself,” said Yurena Manfugás at the clothing shop she opened with her mother, Deyni Terry, to cater to Afro-Cuban women. Terry, a lawyer and women’s activist, said the real problem is Cuba’s social construct.  “The constitution of the Republic of Cuba continues to speak in the masculine. ... We come from a totally sexist culture,” she said. 

LINK: 2022 Fifth International Workshop Of Women Entrepreneurs To Cuba

Biden/Blinken/Obama Statements Supporting Entrepreneurs In Cuba 

On 18 July 2020 to The Washington Post by Joseph Biden, then candidate for the presidential nomination of the Democratic Party: “I have no illusions about the situation in Cuba, and it’s deeply concerning that the Cuban government continues to assert strong political and economic control while failing to respect press freedom and the freedom of assembly,”… “But Cuba is not represented solely by its leadership. There are many different sectors that we can and should work with to support progress in Cuba- including entrepreneurs, religious groups, universities, young people and human rights defenders.” 

In a press statement on Cuba’s Independence Day, directed to the 11.3 million citizens of the 800-mile-long archipelago, The Honorable Antony Blinken, United States Secretary of State (who in the Obama-Biden Administration (2009-2017) served as Deputy Secretary of State from 2015-2017 and Deputy National Security Advisor from 2013-2015), expressed United States support for 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 of State Blinken was, in his remarks, reiterating the bipartisan conviction of every United States president from Obama-to-Trump-to-Biden 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). 

Such a position would accord with the Biden-Harris Administration’s reiteration of support for cuentapropistas, as articulated by Secretary Blinken on 20 May 2021, and previously espoused by then-United States President Barack Obama (when now President Biden was then Vice President Biden) when he said in the Gran Teatro de la Habana on 22 March 2016: “In a global economy, powered by ideas and information, a country's greatest asset is its people.  In the United States, we have a clear monument to what the Cuban people can build: it’s called Miami.  Here in Havana, we see that same talent in cuentapropistas...And in recent years, the Cuban government has begun to open up to the world, and to open up more space for that talent to thrive.  In just a few years, we’ve seen how cuentapropistas can succeed while sustaining a distinctly Cuban spirit.” 

LINKS To Self-Employed, Micro, Small & Medium-Size Enterprise (MSME) Analyses 

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.  December 20, 2021 

Cuba Again Expanding MSME Authorizations To Include Accessing Foreign Capital, Foreign Bank Accounts, Local Development Projects Qualify.  December 02, 2021 

Why Won't Biden Administration Permit U.S. Entities To Invest/Finance MSMEs? In December, Cuba’s FIMELSA Begins Convertible Currency-Equivalent Loans At 6.5% For 120 Days; Lower For CUP.  November 25, 2021

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

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 

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 

Cuba Approves First 35 MIPYME Applications- Confirms No Application Thus Far Denied. Many More Applications Expected. Result Beneficial For Biden Administration Goal To Support SME's.  September 30, 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

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

Cuba To Unify Currencies; Result Could Present Opportunities For Biden Administration And U.S. Companies  December 11, 2020

Societe Generale Wins Dismissal Of One Of Two Libertad Act Lawsuits. Plaintiff Expected To Appeal New York Ruling.

JUAN B. PUJOL MOREIRA, in his personal capacity, and as Personal Representative and Administrator of the ESTATE OF NIEVES PUJOL, a/k/a NIEVES MOREIRA MARTINEZ, MARIA JULIA PUJOL MOREIRA, INES MARIA PUJOL FAGET, as Personal Representative and Executor of the ESTATE OF ARCADIO JOAQUIN PUJOL IZQUIERDO, SARA L. PUJOL, as Personal Representative and Administrator of the ESTATE OF LAUREANO PUJOL ROJAS, LUIS R. PUJOL ROJAS, ANA H. FRAGA, LORENZO PEREZ PUJOL, FRANCISCO PUJOL MENESES, PILAR M. PUJOL MENESES, and RAUL PUJOL MENESES, Plaintiffs, v. SOCIETE GENERALE, S.A. and BNP PARIBAS, S.A. [1:20-cv-09380; Southern District Of New York].

Kozyak Tropin & Throckmorton, LLP (plaintiff)
MoloLamken LLC (plaintiff)
Mayer Brown LLP (defendant)
Cleary Gottlieb Steen & Hamilton LLP (defendant)

Excerpts:

As required pursuant to the Defendants’ March 22, 2021 letter to the Court in the above-captioned actions, so ordered by the Court on March 23, 2021, the Parties have met and conferred in good faith regarding the most sensible way to move forward in Pujol II in light of the Court’s November 24, 2021 Opinion and Order granting Defendants’ motion to dismiss in Pujol I. The Parties have agreed, subject to approval of the Court, to the following:

1. If Plaintiffs decide to file a Second Amended Complaint in Pujol I in light of the Court’s Opinion and Order in Pujol I, Plaintiffs at the same time, pursuant to Federal Rule of Civil Procedure 15(a)(1), will file an Amended Complaint in Pujol II, in which Plaintiffs shall make the same amendments. The current deadline for filing a Second Amended Complaint in Pujol I is January 18, 2022.
2. If and when the Amended Complaint is filed in Pujol II, the deadline for Defendants to answer or file a motion to dismiss the Amended Complaint in that case will be stayed through and including the date of a decision on the motion to dismiss the Second Amended Complaint in Pujol I.
3. Within 10 business days after a decision on the motion to dismiss in Pujol I, the Parties will meet and confer in good faith regarding the most sensible way to move forward in Pujol II in light of the Court’s decision.

The Parties respectfully request that the Court grant the relief requested by this letter-motion.

Application GRANTED. The parties are reminded that all future filings in this case should be made only on the consolidated docket in Case No. 20-CV-9380. See 21-CV-2283, ECF No. 15. The Clerk of Court is directed to terminate ECF No. 63 in Case No. 20-CV-9380 and ECF No. 17 in Case No. 21-CV-2283 and docket this Order in Case Nos. 20-CV-9380 and 21-CV-2283. SO ORDERED.

LINK To Order (1/3/22)
LINK To Libertad Act Title III Lawsuit Filing Statistics

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