U.S. Department Of State Points To The White House For Answer About Completion Of Cuba Policy Review. They Don't Know? Why Don't They Know? Can't Say? Why Not?

31 January 2022 Follow-up Question To U.S. Department Of State:

"However, and this is my follow-up, the answer does not address the specific question as to the status of the Cuba Policy Review. Specifically, when is expected the completion of the Cuba Policy Review? What components remain incomplete?"

31 January 2022 Answer: "We’d refer you to the White House on this follow up question.”

LINK To Related Posts 

507-Word New Statement: U.S. Department Of State Responds To Question About Status of Cuba Policy Review. Ignores Cuba’s Re-Emerging Private Sector- The Self-Employed, MSMEs. Why?  January 31, 2022

United States Department Of State Responds To Question From Reporter About Status Of "Cuba Policy Review" Commenced In January 2021: "... we'd be happy to get you more information."  January 28, 2022 

Not Yet… “Cuba Policy Review” 365 Days Since Announcement. Is The Biden-Harris Administration Committed To Entrepreneurs, Self-Employed, MSME’s In Cuba? No- All Words. No Action.  January 27, 2022

507-Word New Statement: U.S. Department Of State Responds To Question About Status of Cuba Policy Review. Ignores Cuba’s Re-Emerging Private Sector- The Self-Employed, MSMEs. Why?

28 January 2022 

Question to the United States Department of State:  

Today is one-year since the Cuba Policy Review was announced by The White House.  What is the status of the Cuba Policy Review?  Why has the process required one year?  What components of the review remain incomplete? 

Answer: 

United States Department of State
Washington DC
31 January 2022

State Department spokesperson:   

Addressing the situation in Cuba is a top priority for the Biden-Harris Administration.  Our policy toward Cuba focuses first and foremost on support for the Cuban people, including their political and economic well-being, and human rights. This means we are committed to promoting accountability for Cuban government officials involved in human rights abuses.      

In response to directives from President Biden, the United States remains committed to policies that will advance the democratic aspirations of the Cuban people and takes concerted action to bolster the cause of the Cuban people.  

The President and Secretary Blinken condemned the Cuban government’s brutal crackdown on July 11 protestors, and we continue to highlight the egregious nature of these detentions, such as decades-long sentences handed down to demonstrators, including minors.     

Treasury imposed four rounds of sanctions under the Global Magnitsky program on Cuban officials and elements of the military and security services in connection with serious human rights abuse against peaceful protestors.  The Department of State announced actions to impose visa restrictions on 17 Cuban officials.  Those officials were implicated in attempts to silence the voices of the Cuban people through repression.     

We’ve brought to bear the strength of our diplomacy, rallying nations to speak out and increase pressure on the Cuban government.  We engage regularly with our global partners to urge Cuba to release political prisoners unconditionally and protect and respect the human rights and fundamental freedoms of individuals in Cuba.   

On July 26, 2021, the United States joined 20 democracies around the world to support the Cuban people in a joint statement calling on the Cuban government to respect Cubans’ demands for human rights.  

On December 17, 2021, the OAS and the European Parliament made statements demanding the release of political prisoners and decrying prison conditions in Cuba.    

The Administration consults daily with Cubans on the island and with the worldwide Cuban diaspora which represent many diverse opinions.  We speak to leaders in the Cuban American community from across the political spectrum, including discussing the current human rights environment but also ways that we can address the worsening humanitarian crisis on the island.  

We continue to review U.S. policy on remittances to Cuba.  The Administration is considering options that facilitate remittances to Cuba that would give maximum benefit directly to the Cuban people and minimize any benefit to the Cuban government and its military that would aid in the repression of Cuban citizens.    

The Administration works closely with U.S. tech companies and other stakeholders to make the Internet more accessible to the Cuban people.   

We also work to increase humanitarian support flows to the Cuban people under the embargo’s existing authorizations and exemptions.  The U.S. government engages with non-governmental organizations and faith-based groups to facilitate private donations and other exports of medical and health-related equipment, staple food items, and basic toiletries and hygiene products to the Cuban people.  

The State Department is exploring options to augment staffing of U.S. Embassy Havana to facilitate diplomatic and civil society engagement and the provision of consular services, while maintaining an appropriate security posture.  

Follow-up Question To U.S. Department Of State:

"However, and this is my follow-up, the answer does not address the specific question as to the status of the Cuba Policy Review. Specifically, when is expected the completion of the Cuba Policy Review? What components remain incomplete?"

Answer: "We’d refer you to the White House on this follow up question.”

LINK To Related Posts 

United States Department Of State Responds To Question From Reporter About Status Of "Cuba Policy Review" Commenced In January 2021: "... we'd be happy to get you more information."  January 28, 2022 

Not Yet… “Cuba Policy Review” 365 Days Since Announcement. Is The Biden-Harris Administration Committed To Entrepreneurs, Self-Employed, MSME’s In Cuba? No- All Words. No Action.  January 27, 2022

London Delivers High Wattage Political Appointee As UK Ambassador To Cuba. Since 1931, Only Third “Sir” To Serve. Issues: UK-Connected Libertad Act Lawsuit & China-Connected Bank Lawsuits.

London Delivers High Wattage Political Appointee As UK Ambassador To Cuba. Washington Should Do The Same.
Since 1931, Only Third “Sir” To Serve As UK Ambassador To Cuba.
Big Issues For New Ambassador: One UK-Connected Libertad Act Title III Lawsuit And Three China-Connected Bank Lawsuits.
Will Sir George Be The Needed Example For The United States?
Might He Be The On-The-Ground Political Catalyst Required For Canada, United Kingdom, and United States Forge A Common Strategy?

On 27 January 2022, Sir George Michael Edward Hollingbery will replace The Honorable Antony Stokes LVO OBE, who has served since 2016 as Ambassador of the United Kingdom to the Republic of Cuba.  Sir George’s appointment was announced [https://www.gov.uk/government/news/change-of-her-majestys-ambassador-to-cuba-sir-george-hollingbery-kcmg] in January 2021. 

The tenure of Ambassador Stokes [https://www.gov.uk/government/people/antony-stokes], who is highly-valued by his peers in the Republic of Cuba and by United Kingdom-based commercial interests, has been successful despite a challenging commercial, economic, and political environment.   

Sir George is a former Member of Parliament (Conservative Party), Minister of State for Trade Policy, Lord Commissioner Of Her Majesty’s Treasury, Parliament Private Secretary to the Home Secretary and later to the Prime Minister. 

Perhaps most intriguing is his wife, Janette, was born in the United States.  They have three children.  Sir George is a horticulture hobbyist; his garden has been featured on the television programme Gardeners' World.  

Wikipedia 

George Michael Edward Hollingbery was born on 12 October 1963.  He was educated at Radley College before studying at Lady Margaret Hall, Oxford for a BA in human sciences which he was awarded by the University of Oxford in 1985.  He then gained an MBA from the Wharton School, University of Pennsylvania, US. 

Hollingbery's earlier career was spent investing in and starting up businesses, the best known of which was veterinary chain Companion Care, sold to Pets at Home in 2002. In 2005, he began a property investment business, run from his Alresford home.  Hollingbery was elected to Winchester City Council in 1999, becoming deputy leader in 2006. Hollingbery stood in Winchester in the 2005 general election, having managed the previous candidate's campaign in 2001, but was defeated by Liberal Democrat Mark Oaten.  

In the 2010 general election, Hollingbery contested the new constituency of Meon Valley in Hampshire, created as a result of boundary changes. He was elected with a majority of 12,125. He was re-elected in 2015 and 2017 with majorities of 23,913 and 25,692 respectively.  Hollingbery subsequently served on the Speaker's Advisory Committee on Works of Art and the Communities and Local Government Committee.  In parliament, Hollingbery was a close ally of Maidenhead MP Theresa May.  He supported her candidature in the 2016 Conservative Party leadership election. He also served twice as her Parliamentary Private Secretary, first in her role as Home Secretary from 2012 to 2015 and then as Prime Minister from 2016 to 2018.  Hollingbery was interviewed for the 2017 documentary Theresa vs. Boris: How May Became PM, in which he was also portrayed by Daniel Casey in dramatisations.  Hollingbery was appointed a Knight Commander of the Order of St Michael and St George (KCMG) in Theresa May's resignation honours on 10 September 2019.  On 7 November 2019, Hollingbery announced he would not contest the 2019 general election.  He added he supported Boris Johnson's Brexit deal but wanted to pursue career opportunities outside parliament.  He was succeeded as MP for Meon Valley by Flick Drummond.

LINK To Sir George Video Interview: https://www.youtube.com/watch?v=JW_rc84kIQI 

LinkedIn
Antony Stokes
British Ambassador to Cuba at Foreign, Commonwealth and Development Office
22 December 2021

An end to red tape? The Cuban government has announced that embassies may send formal documents electronically. Previously an embassy driver would take papers requesting meetings, goods imports, official travel and much else to the ministry. Known as Notes Verbales, each had to be stamped and signed.  An ambassador told me that in his farewell call on the Foreign Minister he had appreciated the professionalism of Cuban diplomats but joked of acquiring repetitive strain injury. “It’s all those formal notes you made me sign.”  We do not know whether we must print them to be stamped and initialed, then scan them back in. With luck an electronic signature is acceptable. We have one lethargic printer (maintenance is complicated). Paper is short (so much so that no ration books will be distributed in January).  Today we submitted a series of meeting requests. We are hoping our printer holds out: the new policy is in effect from 5 January.  Image (by the author): happiness in the form of beer arrives at the embassy in the “combo”, 22 December (see previous posts).  British brands not currently available.  

LINKS To Related Analyses 

President Biden: A Special Presidential Representative For Cuba Negotiations- With Or Without An Ambassador. January 31, 2021 

15 Candidates For President-elect Biden: U.S. Ambassador To Cuba. Job Description Requirement: Negotiator. December 20, 2020 

President Biden Should Appoint An Ambassador To Cuba- Not As Reward, But As Weapon. December 17, 2020 

LINKS To UK-Connected Lawsuits 

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."  December 21, 2021 

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 

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 

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)

Lawsuit Against Imperial Brands (UK), Habanos (Cuba), WPP (UK), Young & Rubicam (US), BCW (US) To Receive Second Amended Complaint. 206 New Pages Filed.  December 22, 2021

LINK TO COMPLETE POST IN PDF FORMAT

In Ode To Importance Of Relationship With Russia, Russians In Tourist Groups Not Required To Present COVID-19 Vaccination Cards Upon Arrival, But Must Do So Online In Advance Of Arrival.

Cuba relaxes COVID requirements for Russian tourists arriving in groups.  Cuba’s embassy in Moscow told that the entry regulations had been relaxed for Russian travelers due to an improving epidemiological situation in the country. TASS 

The largest sources of visitors in 2021 to the Republic of Cuba: Russia (146,151), Canada (68,944), Cuban diaspora (52,804). LINK To Cuba Government Report

MOSCOW, January 22 [2022]. /TASS/. Cuba has changed the requirements for Russian nationals arriving in tourist groups, so Russian travelers are not required to present their COVID vaccination certificates as well as negative results of their PCR tests when crossing into the country, the Association of Tour Operators Russia (ATOR) said on Saturday.  "When entering Cuba, Russian tourists will no longer be required to have any documents confirming that they do not have COVID. In addition, there will be no tests at hotels to check in or during the holiday," ATOR said.  Cuba’s embassy in Moscow told ATOR that the entry regulations had been relaxed for Russian travelers due to an improving epidemiological situation in the country and a high level of the vaccinated local population (90%).  Nevertheless, ATOR added that filling in the online questionnaire D’Viajeros remains a mandatory requirement for travel to Cuba.  D'VIAJEROS [https://www.dviajeros.mitrans.gob.cu/inicio] is a process that facilitates and improves the experience of travelers in their transit through the Republic of Cuba, it can provide advanced information to speed up procedures at the different points of entry. It is mandatory for each passenger to truthfully complete the information provided to the Directorate of Identification, Immigration and Foreigners, the Custom General of the Republic and the Ministry of Public Health. 

Prensa Latina News Agency
Havana, Republic of Cuba
31 December 2021

Excerpt: “This year, Russia became Cuba’s main tourism market, with around 170,000 tourists up to the end of November, according to Cuban Tourism Minister Juan Carlos Garcia, at an event in recent days.  Tt present, companies such as Aeroflot, Azur Air and Nordwind operate flights to Cuba, while another airline has permission to do so, but has not started them, Mgeladze said and added that an increase in the frequency of trips is expected as of the new year.  The diplomat pointed out that the opening of borders and the increase in the tourist flow is mainly due to the fact that this nation has vaccinated almost all its population as from two years of age, which turned it into a safe scenario for world travelers.”

Prensa Latina News Agency
Havana, Republic of Cuba
30 November 2021

Excerpt: “It also indicated that it will operate the route with Airbus A350 aircraft and has already started selling tickets to the main Cuban city. At present, Aeroflot operates three weekly flights to Varadero, Cuba’n resort.  Juan Carlos Escalona, Tourism Counselor of the Cuban Embassy in Russia, explained to Prensa Latina that the other novelty in the links between both countries are the flights of the Azur Air line between St. Petersburg and Varadero.  He indicated that these will begin on December 26 every 10 days.  Russia will resume flights to Cuba, Mexico, Argentina, Brazil and Costa Rica as from December 1, according to the approval of the national general staff for the fight against the SARS-CoV-2 coronavirus.  At the meeting held on November 16, Russian Deputy Prime Minister Tatiana Golikova said that the suspension of restrictions was authorized after an individual examination of the epidemiological situation of each nation.” 

As of 12 January 2022, the Moscow, Russian Federation-based Gamaleya Research Institute of Epidemiology and Microbiology developed Sputnik-V COVID-19 vaccine has not obtained Emergency Use Listing (EUL) from Geneva, Switzerland-based World Health Organization (WHO)- LINK to https://en.wikipedia.org/wiki/List_of_COVID-19_vaccine_authorizations 

The Pfizer/BioNTech Comirnaty vaccine, 31 December 2020.

The SII/COVISHIELD and AstraZeneca/AZD1222 vaccines, 16 February 2021.

The Janssen/Ad26.COV 2.S vaccine developed by Johnson & Johnson, 12 March 2021.

The Moderna COVID-19 vaccine (mRNA 1273), 30 April 2021.

The Sinopharm COVID-19 vaccine, 7 May 2021.

The Sinovac-CoronaVac vaccine, 1 June 2021.

The Bharat Biotech BBV152 COVAXIN vaccine, 3 November 2021. 

The Covovax (NVX-CoV2373) vaccine, 17 December 2021.

The Nuvaxovid (NVX-CoV2373) vaccine, 20 December 2021 

Link to WHO COVID-19 Landscape Of Novel Coronavirus Candidate Vaccine Development Wordwide 

LINK to COVID-19 Vaccines With WHO EUL Issued  

Washington Post
Washington DC
27 September 2021

Excerpt: “The new U.S. plan requires that most noncitizens seeking entry to the United States are vaccinated with shots approved for emergency use either by the U.S. Food and Drug Administration or the World Health Organization. That includes vaccines made by Pfizer and Moderna, as well as shots developed by Chinese firms such as Sinopharm and Sinovac.  But Sputnik V, an adenovirus vaccine developed by the Moscow-based Gamaleya Research Institute of Epidemiology and Microbiology, has yet to be approved by the WHO. The global health agency this week said that it suspended its review process of the vaccine, citing concerns over the manufacturing practices at production plants inside Russia and whether the vaccine can be consistently produced to the necessary standard.” 

Centers For Disease Control and Prevention
Atlanta, Georgia
29 January 2022

Excerpt: “If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country.” LINK To Accepted COVID-19 Vaccines 

LINK To Related Analysis 

How Much Might Russia Spend To Return To Cuba? How Many Personnel? Annual Economic Impact And Fee To Cuba. January 13, 2022

United States Department Of State Responds To Question From Reporter About Status Of "Cuba Policy Review" Commenced In January 2021: "... we'd be happy to get you more information."

United States Department of State Press Briefing
Washington DC
28 January 2022

Jalina Porter, Principal Deputy Spokesperson

QUESTION:… And on a different note, if I’m not mistaken this is one year since the administration announced a review of Cuba policy. Is that policy review still underway? Do you have any updates on that? When do you expect it to conclude if it hasn't been concluded? Thanks.

MS PORTER: When it comes to your question on Cuba policy, I don't have anything to offer at this time, but I imagine we'll have more to say at a later time and we'd be happy to get you more information.

LINK: Not Yet… “Cuba Policy Review” 365 Days Since Announcement. Is The Biden-Harris Administration Committed To Entrepreneurs, Self-Employed, MSME’s In Cuba? No- All Words. No Action. Jan 27, 2022

Not Yet… “Cuba Policy Review” 365 Days Since Announcement. Is The Biden-Harris Administration Committed To Entrepreneurs, Self-Employed, MSME’s In Cuba? No- All Words. No Action.

“Cuba Policy Review” 365 Days Since Announcement.
Biden-Harris Administration Not Committed To Entrepreneurs, Self-Employed, MSME’s In Cuba.
OFAC Unresponsive To License Applications And Guidance Requests.
BIS Focusing Upon No Rather Than Yes. With Thus Far One-Half Surprise.
OLA Engagement In Title IV Outreach- No Letters Reported.
State Department Deferring To NSC?
NSC General Policy Of Denial To Everything.
Is Anyone In Charge?
Waiting For Godot?

“The Biden administration will review U.S. policy on Cuba, the White House said on Thursday [Reuters- 28 January 2021], after former President Donald Trump rolled back a historic Obama-era detente with Havana.  “Our Cuba policy is governed by two principles.  First, support for democracy and human rights - that will be at the core of our efforts.  Second is Americans, especially Cuban Americans, are the best ambassadors for freedom in Cuba.  So, we’ll review the Trump administration policies.”  Jen Psaki, White House Press Secretary  

“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.”  Joseph Biden, Candidate for Democratic Party Nomination for President of the United States 

“Which is why I’m proud to say: If you look at my presidency so far, it’s a jobs presidency and it’s a small business presidency.”  Joseph Biden, President of the United States 

“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.”  Barack Obama, President of the United States 

“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.”  Antony Blinken, United States Secretary of State  

Rather than fertilize with inspiration the Republic of Cuba private sector garden, the Biden-Harris Administration (2021- ) has starved the very roots of those whose aspiration is to gain more control of their livelihood- and about whom the Biden-Harris Administration continues to claim connectivity.  365 days and counting that connectivity remains imaginary and an illusion. 

Despite a lack of demonstratable interest from the Biden-Harris Administration, the self-employed and owners of micro, small and medium-sized enterprises (MSMEs) in the Republic of Cuba have persevered despite obstacles created by their government designed to impair and constrain rather than benefit and create widespread success; and despite a government-mandated ideological construct which belies conflict with a successful private sector. 

Engagement and re-engagement by a government can be likened to an artist painting a landscape.  If a color is not working, the artist tries another color, and another, and another until one color, or combination of colors, works.  The Biden-Harris Administration fancies itself too as an artist, a political one, but tragically remains in a gravitational pull towards and adhering to paint-by-number rather than freehand creativity.   

Where is the Biden-Harris Administration and its Cuba Policy Review?  365 days and yet the collective interaction, inter-agency review process of The White House (National Security Council- NSC), United States Department of State, United States Department of the Treasury, United States Department of Commerce, United States Department of Defense, and United States Department of Justice remains a ghost.  They are focused upon questions rather than crafting answers.  Not only are they risk-adverse, but they are also risk-centric which only serves to reinforce doing nothing.  Doing nothing re-confirms weakness.  Doing nothing is not an indicator of muscularity. 

Summit of the Americas Participation 

Why would not the Biden-Harris Administration and in particularly the United States Department of State be enthusiastic to provide the foundation for a delegation of management from MSMEs in the Republic of Cuba to attend the Summit of the Americas from 6 June 2022 to 10 June 2022 in Los Angeles, California? 

Imagine if each of these MSMEs had direct investment from United States-based individuals and companies.  Imagine if each of these MSMEs had direct financing from United States-based individuals and companies and arrived to Los Angeles in the company of their United States-based investors and sourcing of financing.  That would be a powerful message- demonstrating connectivity. 

Background Press Call by Senior Administration Officials at The White House (20 January 2022): “So with that said, look, the summit, I'll say, will focus on -- our theme for the summit is: “Building a Sustainable, Resilient, and Equitable Future.” 

Is not a sustainable, resilient, and equitable future connected with a sustainable, resilient, and equitable private sector? 

No Movement 

After one year the Biden-Harris Administration has yet to determine how to engage and re-engage with the re-emerging private sector in the Republic of Cuba without providing a benefit to the government of the Republic of Cuba.  Well, shock here.  Within current commercial, economic, and political construct of the 780-mile-long archipelago upon which 11.3 million citizens reside, there is no means to engage and re-engage with the private sector without benefit provided to the government of the Republic of Cuba. 

With this fact indisputable, the Biden-Harris Administration defaults to waiting until “realities on the ground” change.  With this predicate, there will be no engagement and re-engagement by the Biden-Harris Administration with the private sector in the Republic of Cuba.  The Biden-Harris Administration legacy will be one of supervision from afar of a private sector petrified forest of decay. 

• What has since 20 January 2021 the Biden-Harris Administration done to provide support for entrepreneurs, self-employed, micro, small & medium-size enterprises (MSME’s) in the Republic of Cuba? 

• Authorized direct investment in a MSME? No.

• Authorized direct financing to a MSME? No.

• Authorized direct export of electric vehicles to an MSME? No.

• Authorized direct correspondent banking permitting funds to efficiently move directly from the United States to an MSME in the Republic of Cuba and move directly from an MSME in the Republic of Cuba to the United States? No. 

A flawed strategy, yet one embraced by bureaucracy, is to await changes to the commercial, economic, and political infrastructures within a country prior to the creation of private sector-focused incentives. 

A dynamic strategy, one predicated upon strength of commitment rather than fear of consequences, is to authorize a free-as-possible from restrictions engagement by United States-based investors and financiers with Republic of Cuba nationals who are self-employed and who own and manage MSME’s. 

For a dynamic strategy to be successful, the Biden-Harris Administration needs to shift from mouthing that it has confidence in the decision-making prowess of United States-based investors and financiers to demonstrating that it has confidence in the prowess of United States-based investors.  

If authorized by the Biden-Harris Administration, United States-based investors and financiers will as a direct consequence of “Seeking Alpha” require changes to the self-employed landscape in the Republic of Cuba.  This means changes to the banking system, more efficiency, and more transparency.  This means changes to product and service import and export authorizations. 

Critical for the Biden-Harris Administration not to default to “when the Cuban government makes changes, we will respond.” 

Current Policy Impacting Investors And Financiers 

The Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury has delayed processing of license applications- some submitted nearing one year ago; and refused to provide guidance as to applicability of existing regulations (for example, whether direct financing to the self-employed and to MSMEs is authorized).  Waiting For Godot? 

The Bureau of Industry and Security (BIS) of the United States Department of Commerce which has traditionally been an advocate for United States-based exporters and sought to guide United States-based exporters through the licensing process, is now focused upon how to deny an application rather than how to approve an application.  The Biden-Harris Administration has renewed a BIS license first issued during the Trump-Pence Administration (2017-2021) for the export of vehicles (including electric) to embassies located in the Republic of Cuba, including to the United States Embassy in the city of Havana, Republic of Cuba, but the license does not authorize exports to the self-employed and MSMEs.  Also, Waiting for Godot? 

The Office of Legal Adviser (OLA) at the United States Department of State has engaged with plaintiffs and potential plaintiffs with preparing and delivering Title IV letters as provided for within the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).  Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  Thus far, there is no publicly-reported Title IV letter issued by the Biden-Harris Administration.  One Canada-based company and one Mexico-based companies each sanctioned during the Clinton-Gore Administration (1993-2001) and one Spain-based company sanctioned during the Trump-Pence Administration are subject to this provision based upon a certified claim and non-certified claim.  Title III, implemented in 2019 by the Trump-Pence Administration, authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.   

Statements By Biden, Blinken, Obama 

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.” 

“Which is why I’m proud to say: If you look at my presidency so far, it’s a jobs presidency and it’s a small business presidency.”  Joseph Biden (20 November 2021) 

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.”

 LINK TO COMPLETE ANALYSIS IN PDF FORMAT 

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

Surprise Decision: Biden-Harris Administration Renews Trump-Pence Administration License To Export EVs To Embassies In Cuba. Company Offers To Donate EV Chargers To U.S. Embassy/Ambassador Residence  January 25, 2022 

Cuba Updates Status Of Micro, Small & Medium-Sized Enterprises  January 19, 2022 

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?  January 06, 2022 

Embassy Of Italy: V International Workshop of Women Entrepreneurs In Cuba: "The Talent Of Women. Art, Crafts & Design"  January 06, 2022 

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 

Florida Company Receives License To Export Electric Vehicles To Cuba; Charging Stations From New Jersey-Based Company.  January 25, 2017 

Restriction On Sale Of Premium Gasoline May Benefit Electric Vehicles & Solar Panels; Embassies Concerned.  April 07, 2017

Four Cruise Lines In Libertad Act Lawsuit Oppose Plaintiff Jury Trial Demand. Trial Scheduled For May 2022. More Motions Expected.

Excerpts: 

Defendants Norwegian Cruise Line Holdings Ltd. (“Norwegian”), Carnival Corporation d/b/a Carnival Cruise Line (“Carnival”), MSC Cruises S.A., MSC Cruises SA Co., and MSC Cruises (USA) Inc. (collectively, “MSC Cruises”), and Royal Caribbean Cruises Ltd. (“Royal Caribbean”) (collectively, “Defendants”) hereby respectfully object to the Magistrate Judge’s report and recommendation that the Court deny Defendants’ motion to strike Plaintiff’s Jury Trial Demand (“Report”) (ECF No. 343).1  Both the parties and the Magistrate Judge agree that the Helms-Burton Act, 22 U.S.C. §6021 et seq. (the “Act”), does not confer a statutory right to a jury trial through explicit grant in the plain language of the statute or through its legislative history. Report at 7. Thus, the Court must consider whether Title III comprises the type of claim protected by the Seventh Amendment.  The Supreme Court has instructed that the analysis this Court must conduct is to first, “compare the statutory action to 18th-century actions brought in the courts of England prior to the merger of the courts of law and equity” and, second, “examine the remedy sought and determine whether it is legal or equitable in nature.” Granfinanciera, S.A., v. Nordberg, 492 U.S. 33, 42 (1989) (citing Tull v. United States, 481 U.S. 412, 417-418 (1987)). The Supreme Court has held that “[t]he second stage of this analysis is more important than the first.” Id.  Defendants’ Motion to Strike Plaintiff’s Jury Demand should be granted, because under both prongs of the Granfinanciera analysis, the Seventh Amendment does not confer Plaintiff a right to a jury trial under Title III of the Helms-Burton Act (the “Act”). 

LINKS TO FILINGS 

Norwegian Cruise Line Holdings Ltd. Defendants’ Objection To Report And Recommendation On Defendants’ Motion To Strike Plaintiff’s Jury Trial Demand (1/25/22) 

Royal Caribbean Cruises Ltd.’S Notice Of Adoption Of Defendants’ Objection To Report And Recommendation On Defendants’ Motion To Strike Plaintiff’s Jury Trial Demand (1/25/22) 

MSC Cruises’ Notice Of Adoption Of Defendants’ Objection To Report And Recommendation On Defendants’ Motion To Strike Plaintiff’s Jury Trial Demand (1/25/22) 

Carnival Corporation’s Notice Of Adoption Of Defendants’ Objection To Report And Recommendation On Defendants’ Motion To Strike Plaintiff’s Jury Trial Demand (1/25/22) 

Libertad Act Title III Lawsuit Filing Statistics

HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [1:19-cv-21724; Southern Florida District] 

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

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District] 

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District] 

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

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District] 

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

"Daubert Hearing" For Libertad Act Lawsuit Against Cruise Lines- Challenging Expert Opinions And Valuing Damages

On 25 January 2022 there was a “Daubert Hearing” before a Federal Magistrate in HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES.  The primary question was for the Federal Magistrate (a judge who is appointed for an eight-year term by vote of the District Court Justices) to determine if experts used by the plaintiff and the defendant met the “Daubert Standard.” 

There are two Federal Magistrates for the four Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”) filed by Havana Docks Corporation.  The reason is one Federal Magistrate had a conflict with connectivity to a law firm participating in the four lawsuits. 

The Federal Magistrate presides at the hearing, listens to the arguments, asks questions, reads the filings, and then writes a report and submits recommendations to the presiding District Court Judge who will then enter a decision.  Plaintiff and Defendant may appeal the decision of the District Court Judge. 

The District Court Judge has yet to rule on a Defendant Motion for Summary Judgement.  Plaintiffs are seeking a trial by jury.  The trial is scheduled for May 2022.  

Daubert Standard 

West Law: This is the standard used by a trial judge to assess whether an expert witness’s scientific testimony is based on scientifically valid reasoning that which can properly be applied to the facts at issue.  This standard comes from the Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993).  Under the Daubert standard, the factors that may be considered in determining whether the methodology is valid are: (1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4)the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community.  The Daubert standard is the test currently used in the federal courts and some state courts.  In the federal court system, it replaced the Frye standard, which is still used in some states.   

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)

Court Filing Document Links: 

Notice Of Filing Defendants’ Omnibus Daubert Hearing Presentation

International Claims Settlement Act of 1949 

“The Chorzow Factory case is a first of its kind dispute that arose between Germany and Poland before the erstwhile Permanent Court of International Justice that involved the issue of paying reparation by Poland to Germany for having breached an agreement entered between them. After the first world war, a bipartite agreement was entered wherein the control of Upper Silesia area was transferred by Germany to Poland on the condition that Poland would not forfeit any property of Germany. However, Poland in breach of the agreement sold two German factories located in
that area.”  LINK

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District] 

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District] 

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

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District] 

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

Libertad Act Title III Lawsuit Filing Statistics

Surprise Decision: Biden-Harris Administration Renews Trump-Pence Administration License To Export EVs To Embassies In Cuba. Company Offers To Donate EV Chargers To U.S. Embassy/Ambassador Residence

In Surprise Decision, Biden-Harris Administration Renews Trump-Pence Administration License To Export Electric Vehicles To Embassies In Cuba- Including U.S. Embassy.  Company Offers To Donate Electric Vehicle Chargers To U.S. Embassy And Ambassador’s Residence 

To Date, The Biden-Harris Administration Has Refused To Issue Republic Of Cuba Commerce-Related Licenses  

Colombia, Maryland-based Premier Automotive Export, Ltd., which also has an office in Miami, Florida, received on 24 January 2022 a renewal of its license from the Bureau of Industry and Security (BIS) of the United States Department of Commerce to export gasoline-powered vehicles, electric-powered vehicles, and hybrid vehicles from the United States to the Republic of Cuba.  The authorized purchasers are diplomatic missions located in the Republic of Cuba, including the Embassy of the United States in the city of Havana, Republic of Cuba.  

On 3 December 2021, a spokesperson of the United States Department of State was quoted: “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.”   

This is the fourth license from the BIS issued to Premier Automotive Export, Ltd.  The first license was issued during the Obama-Biden Administration (2009-2017).  The second license and third licenses were issued during the Trump-Pence Administration (2017-2021).  The fourth license was issued during the Biden-Harris Administration (2021- ).  

BIS License (D1267261) 24 January 2022- 31 January 2026.  For the export of automobiles to diplomatic missions: gasoline-powered; pickup trucks with ICE, electric or hybrid engines. Options to include 4x4, 2 or 4 door cab. 

BIS License (D1166163) 3 July 2019- 31 July 2023.  For the export of automobile parts to diplomatic missions. 

BIS License (D1102235) 13 October 2017- 31 October 2021.  For the export to automobiles to diplomatic missions: gasoline-powered, electric-powered, hybrid vehicles including sedans, pick-up trucks, sport utility vehicles, hatchbacks, coupes, trucks, minivans, golf carts, motorcycles, scooters. 

BIS license (D1076571) 9 January 2017- 31 January 2021.  For the export to the Embassy of Guyana: 2015 Nissan Leaf, 100% electric 4 door sedan with a range of 87 miles on a single charge. The engine is 24 Kw and delivers 97 horsepower.  Clipper Creek LCS-40.  Clipper Creek Level II Charger is 40 Amp charger fitted with the J-1772 universal charging connector. 

On 10 November 2021 and 15 December 2021, the BIS denied a license to Premier Automotive Export, Ltd., which has since been appealed, for the export of electric vehicles from the United States to the Republic of Cuba where the sole authorized purchasers would be Republic of Cuba nationals who are self-employed, and to officially-registered micro, small, and medium-size enterprises (MSMEs).  The primary argument made by the BIS in denying the license application was “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).” 

Premier Automotive Export Ltd., has submitted a license application to the BIS for authorization to donate to the United States Department of State four (4) electric vehicle (EV) chargers for use at the Embassy of the United States in Havana, Republic of Cuba, and for use at the Residence of the United States Ambassador in Havana, Republic of Cuba.  A letter relating to the donation was sent to the United States Department of State.  The company would also coordinate the installation of the electric vehicle chargers.  The selected electric vehicle chargers will service all vehicles currently available and those planned for production:  

2- Clipper Creek LCS-40 Level II 40 Amp Charger fitted with the J-1772 universal charging connector.  https://store.clippercreek.com/residential/hcs-40-hcs-40p-ev-charging-station 

One Clipper Creek EV charger would be located at the United States Embassy and one Clipper Creek EV Charger would be located at the Residence of the United States Ambassador. 

2- Tesla Wall Connector Gen 3 (208/240V).  https://www.tesla.com/support/home-charging  

One Tesla EV charger would be located at the United States Embassy and one Tesla EV Charger would be located at the Residence of the United States Ambassador. 

The reason for the donation of electric vehicle chargers from different manufacturers is twofold.  First, unknown which manufacturer and model of electric vehicle(s) will the United States Department of State purchase for use in the Republic of Cuba.  Second, the Biden-Harris Administration continues to promote favorably manufacturers and models of electric vehicles from companies with union representation for their employees.  Austin, Texas-based Tesla, Inc., is non-union.  Detroit, Michigan-based General Motors Company; Dearborn, Michigan-based Ford Motor Company; and Amsterdam, The Netherlands-based Stallantis N.V. (Chrysler, Dodge, Jeep, etc.) are union. 

From The White House (25 January 2022): Statement by President Biden on General Motors Investment in Michigan.  “Today’s announcement by GM – to make its largest investment ever, $7 billion to create 4,000 new jobs at EV manufacturing sites in Michigan – is the latest sign that my economic strategy is helping power an historic American manufacturing comeback. From day one, my Administration has been laser focused on making sure that America leads the manufacturing future of electric vehicles. This announcement is just the latest in over $100 billion of investment this past year in American auto manufacturing to build electric vehicles and batteries. Over the last year, I hosted the United Auto Workers and automakers at the White House, signed an executive order aimed at getting to 50% electric vehicle sales share in 2030, and set ambitious new standards. The Bipartisan Infrastructure Law was a major step toward this future by investing in EV charging, and Congress can catalyze more with additional incentives for Made in America electric vehicles, batteries, and semi-conductors built by union hands.” 

On 25 January 2022, a spokesperson from the United States Department of State was quoted:  “Does the United States Department of State at its primary underground garage at C Street NW have electric vehicle charging stations?  Yes.  2) Are there charging stations for United States government-owned vehicles?  If so, how many?  Yes- 4 stations.  3) Are there charging stations for vehicles owned by employees of the United States Department of State?  If so, how many?  Yes- 4 stations.  4)  Are there charging stations for vehicles owned by visitors to the United States Department of State?  If so, how many?  Yes- for official visitors only.”  

Given the 20 January 2022 statements during a Background Press Call by Senior Administration Officials at The White House about the 6-10 June 2022 Summit of the Americas, now is ideal for the Biden-Harris Administration to highlight use of electric vehicles in the Republic of Cuba.  At minimum, have installed the hardware prior to June 2022 in preparation for the arrival of the first electric vehicle for use by the Embassy of the United States in the Republic of Cuba.  

“So with that said, look, the summit, I'll say, will focus on -- our theme for the summit is: “Building a Sustainable, Resilient, and Equitable Future.” … Also making sure that for a region that is so dependent on fossil fuels, to ensure that we are mobilizing capital to help facilitate what is a global energy transition away from fossil fuels and toward the energies of the future.  Making sure that the hemisphere does not get left behind is something that we're very focused on.  Of course, issues of climate finance in areas like the Caribbean, Small Island Development States that are impacted by climate change.”  

The BIS confirms the value of renewable energy products for use in the Republic of Cuba: “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. 

Currently operating in the Republic of Cuba are 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.   Republic of Cuba government-operated companies Aguas de la Habana (with ten vehicles) and ETECSA use electric vans.  Clearly, these companies would not be using electric vehicles in the Republic of Cuba if mechanics were lacking. 

LINK TO COMPLETE 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

Related 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 

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 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 

Restriction On Sale Of Premium Gasoline May Benefit Electric Vehicles & Solar Panels; Embassies Concerned.  April 07, 2017 

Florida Company Receives License To Export Electric Vehicles To Cuba; Charging Stations From New Jersey-Based Company.  January 25, 2017

First Clerk Default Judgement: Switzerland-Based MSC Shipping Does Not Respond To Libertad Act Lawsuit. Judge Must Rule. Will Defendant Challenge? Probably. Damages Trial Likely Next.

NOTE: Privately-held Geneva, Switzerland-based Mediterranean Shipping Company S.A. is a Swiss-Italian international shipping line. It has been the largest container shipping line since late 2021, after overtaking fellow 2M Alliance member Denmark, Copenhagen-based A.P. Møller-Mærsk A/S (2021 revenue approximately US$40 billion).

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE; Plaintiffs, v. MSC MEDITERRANEAN SHIPPING COMPANY SA. [1:21-cv-23400; Florida Southern District].   

Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices Of John S. Gaebe P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)

Application For Clerk’s Default (1/24/22)
Clerk’s Default (1/25/22)

Link To Libertad Act Title III Lawsuit Filing Statistics

Excerpts: Application For Clerk’s Default

Plaintiffs, Odette Blanco de Fernandez, et al. (“Plaintiffs”), by and through counsel and pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, file this Application for Clerk’s Default against MSC Mediterranean Shipping Company SA (“MSC” or “Defendant”) and state:

1. Plaintiffs filed their Complaint against MSC, a Swiss company, on September 22, 2021. See Doc. No. 1.
2. MSC was properly served with the Summons and Complaint in accordance with the laws of Switzerland under Article 5 of the Hague Convention on December 23, 2021. See Declaration of William B. Milliken, counsel for Plaintiffs, attached as Exhibit A.
3. MSC’s deadline to respond to the Complaint was on or before January 13, 2022. Fed.R.Civ.P. 12(a).
4. As the docket in this case demonstrates, MSC has failed to plead or otherwise defend.
5. Accordingly, Plaintiffs are entitled to a Certificate of Default by the Clerk pursuant to Rule 55(a) of the Federal Rules of Civil Procedure.

WHEREFORE, Plaintiffs respectfully request the entry of a Certificate of Default by the Clerk and such other relief as the Court deems just and reasonable.

Excerpts: Clerk's Default

It appearing that the defendant(s) herein, is/are in default for failure to appear, answer, or otherwise plead to the complaint filed herein within the time required by law. Default is hereby entered against defendant(s) MSC MEDITERRANEAN SHIPPING COMPANY SA

Other Plaintiff- Related Libertad Act Title III Lawsuits

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON DIAZ BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE VERSUS A.P. MOLLER-MAERSK A/S (a/k/a A.P. MOLLER-MAERSK GROUP); MAERSK A/S (a/k/a MAERSK LINE A/S); MAERSK, INC.; and MAERSK AGENCY U.S.A., INC [2:21-cv-00339; Eastern District of Louisiana].

Pusateri, Johnston, Guillot & Greenbaum, LLC (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. CROWLEY MARITIME CORPORATION, Defendant. [3:20-cv-01426 Middle District Florida; Transferred To Florida Southern District 1:21-cv-20443].

Murphy & Anderson, P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)
Horr, Novak & Skipp P.A. (plaintiff)
Venable LLP (defendant)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. SEABOARD MARINE, LTD., Defendant. [1:20-cv-25176; Southern Florida District].

Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices of John S. Gaebe (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields (plaintiff)
Barakat Law (plaintiff)
Morgan, Lewis & Bockius LLP (defendant)

Foreign Sovereign Immunities Act Is Focus Of Two Libertad Act Lawsuits At DC Court Of Appeals: Exxon Mobil Versus Cimex S.A. (Cuba), Cimex S.A. (Panama), Union Cuba-Petroleo

EXXON MOBIL CORPORATION V. CORPORACION CIMEX, S.A. (Cuba), CORPRACION CIMEX, S.A. (Panama), AND UNION CUBA-PETROLEO [1:19-cv-01277; Washington DC]. 31 October 2021 to Court of Appeals for the District of Columbia [21-7127 and 21-8010].

Steptoe & Johnson (plaintiff)
CrossCastle, PLLC (plaintiff)
Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C. (defendant)

Link To Libertad Act Title III Lawsuit Filing Statistics

Case 21-7127

STATEMENT OF THE ISSUES TO BE PRESENTED ON APPEAL: Corporación CIMEX, S.A. (Cuba) (“CIMEX (Cuba)”) will present the following issues in the present appeal: 1. Whether the Foreign Sovereign Immunities Act’s expropriation exception, 28 U.S.C. § 1605(a)(3), alone controls Plaintiff’s action, so that its requirements must be satisfied for there to be subject matter and personal jurisdiction, or whether subject matter and personal jurisdiction may alternatively be established under the Foreign Sovereign Immunities Act’s commercial activity exception, 28 U.S.C. § 1605(a)(2); 2. Whether the requirements of the Foreign Sovereign Immunities Act’s “direct effect” prong of the commercial activity exception, 28 U.S.C. § 1605(a)(2), have been satisfied as to CIMEX (Cuba).

Defendant Corporacion Cimex, S.A. (Cuba’s) Notice Of Appeal (10/31/21)
Certificate As To Parties, Rulings, And Related Cases (11/30/21)
Statement Of The Issues To Be Presented On Appeal (11/30/21)

Underlying Decisions From Which Appeal Arises (11/30/21)
Memorandum Opinion And Order (11/23/21)
Civil Docket For Case (11/31/21)

Case 21-8010 

QUESTION PRESENTED FOR REVIEW: Whether the Foreign Sovereign Immunities Act’s expropriation exception, 28 U.S.C. § 1605(a)(3), alone controls Plaintiff’s statutory action for “trafficking” in “confiscated” property, so that its requirements must be satisfied for there to be subject-matter jurisdiction, or whether subject-matter jurisdiction may alternatively be established under the commercial activity exception, 28 U.S.C. § 1605(a)(2).

Petitioners Corporación Cimex, S.A. (Panama) And Unión Cuba-Petróleo’s Petition For Permission To Appeal Pursuant To 28 U.S.C. § 1292(B) (12/03/21) 

Plaintiff Exxon Mobil Corporation’s Response To Petitioners’ Petition For Permission To Appeal Pursuant To 28 U.S.C.§ 1292(B) & Conditional Cross-Petition To Appeal Pursuant To 28 U.S.C. § 1292(B) (12/10/21) 

Petitioners/Cross-Respondents Corporación Cimex, S.A. (Panama) And Unión Cuba-Petróleo’s Response To Conditional Cross-Petition And Reply (12/16/21)

Why Did ING Bank Refuse To Transfer Funds Connected To Cuba? There Were 619 Million Reasons.

Prensa Latina News Agency
Havana, Republic of Cuba
19 January 2022

London, Jan 19 (Prensa Latina) The ING Dutch bank [Amsterdam, The Netherlands-based ING Groep N.V.; 2021 assets US$1.1 Trillion] blocked donations to a Progressive International delegation that will travel to Havana to support free access to Covid-19 vaccines promoted by Cuban, it was reported here today.  

By: Ana Luisa Brown  

In a communique sent to Prensa Latina on Wednesday, the organization that groups left-wing activists from all over the world denounced that the multinational banking institution based in the Netherlands has joined the economic, financial and commercial blockade maintained by the United States against the Caribbean island for 60 years. The text adds that the decision taken by ING shows the extraterritorial scope of the unilateral measure imposed by Washington, which seeks, it said, not only to asphyxiate Cuban, but also to hinder international solidarity with that country.  After branding the decision of the Dutch bank as scandalous, the organization recalled that while European countries administer booster doses, the majority of the inhabitants of the poorest nations on the planet have not even received an injection against the SARS-CoV-2 coronavirus.  In the face of this vaccine blockade, Cuba emerges as a driving force of internationalism with its promise to share its vaccines with the world, he added.  Progressive International launched weeks ago a fundraising campaign to finance the trip to Havana of a delegation that will organize a special briefing on the Caribbean island’s efforts to produce its own anti-Covid-19 vaccines, and its willingness to share them with the world.  Despite the blocking of donations by ING Bank, a spokesperson for the organization told Prensa Latina that plans to hold the meeting in the Cuban capital remain unchanged.  The event scheduled for January 25, which is part of the Union for Vaccine Internationalism promoted by Progressive International, will be attended by Cuban scientists, ministers and public health officials. pgh/abo/mem/nm 

Correspondence From ING To Progressive International 

Onderwerp
Betalingsopdracht Leeuwarden, 18 januari 2022
Geachte heerKenmerk
Wij hebben uw opdracht ontvangen om van uw Betaalrekening met over te maken naar Progressive International (Services) Ltd in Duitsland onder vermelding van: In verband met ons beleid om geen zaken te doen of te faciliteren met een aantal nader omschreven landen en gesanctioneerde partijen, kunnen we deze transactie niet uitvoeren. In deze brief leest u meer hierover.
Ons beleid
ING evalueert periodiek haar dienstverlening vanuit econornisch, strategisch en risico-perspectief. Mede op basis van deze evaluatie is het beleid gebaseerd. Dit brengt met zich mee <lat ING om zakelijke redenen geen klantrelaties wenst aan te gaan of te continueren en ook geen transacties wenst te faciliteren met directe of indirecte betrokkenheid van bepaalde landen, personen of bedrijven.
Deze beslissing is van invloed op:
de landen: Cuba, Iran, Noord-Korea, Sudan, Syrie en de Krirn regio in Oekrai:ne;
door de overheid gecontroleerde banken en bedrijven uit Wit-Rusland;
overige (inter)nationaal gesanctioneerde personen/entiteiten.
Om bovengenoemde redenen kunnen wij de opdracht niet uitvoeren.
Het transactiebedrag wordt zo spoedig mogelijk, inclusief de eventueel in rekening gebrachte kosten, naar uw Betaalrekening teruggeboekt.
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Met vriendelijke groet, KYC Specials

Link To Document 

Google Translate (with redactions from original document) 

ING
Tesselschadestraat 1, 8913 HA Leeuwarden
Postbus 99960, 8900 GA Leeuwarden
ING Bank N.V. statutair gevestigd te Amsterdam Handelsregister nr. 33031431 Amsterdam
Subject Payment order Leeuwarden, January 18, 2022
Dear Sir: We have been instructed to transfer from your Payment Account to Progressive International (Services) Ltd in Germany stating:
In connection with our policy of not doing or facilitating business with some specified countries and sanctioned parties, we do not execute this transaction. You can read more about this in this letter.
Our Policy
ING periodically evaluates its services from an economic, strategic and risk perspective. The policy is based partly on this evaluation. This implies that ING does not wish to enter into or continue customer relationships for business reasons, nor does it wish to facilitate transactions with direct or indirect involvement of certain countries, persons or companies.
This decision affects: - the countries: Cuba, Iran, North Korea, Sudan, Syria and the Krirn region in Ukraine; - government-controlled banks and companies from Belarus; - other (inter)nationally sanctioned persons/entities. For the above reasons, we cannot carry out the order. The transaction amount will be refunded to your Payment Account as soon as possible, including any costs charged.
We will send this letter both by post and by e-mail to
More information
Do you have any questions regarding this letter? Then you can reach us on working days from 08.30 to 17.00 on telephone number 058 295 2854.

ING Bank N.V.
Amsterdam, The Netherlands
October 2020
Link: ING Financial Economic Crime Statement- October 2020

United States Department of the Treasury
Washington DC
12 June 2012

U.S. Treasury Department Announces $619 Million Settlement with ING Bank, N.V.
Largest-Ever Settlement Reached in a Sanctions Case
Link: https://www.treasury.gov/press-center/press-releases/pages/tg1612.aspx 

Miami Herald
Miami, Florida
1 April 2021

Excerpts: 

The shift also corresponded with a U.S. investigation into the Dutch bank ING, which had a 50% stake in a bank in Curacao called Netherlands Caribbean Bank, or NCB. The bank was incorporated as a joint venture in 1993, and Acemex was one of two Cuban partners in it. 

In July 2006, OFAC designated the Curacao-based bank to the Specially Designated Nationals list, another one of the mechanisms of U.S. blacklisting, because of its substantial Cuban ownership. It did not blacklist Acemex. The Caribbean bank was shut down, but ING ultimately acknowledged in 2012 that it moved more than $2 billion through the United States on behalf of Cuba and Iran — some of it through Netherlands Caribbean Bank. In a Treasury Department settlement ING agreed to forfeit $619 million.

This screenshot shows part of a confidential State Department memo sent from The Hague in December 2007 discussing an investigation into the Dutch bank ING and its operations in and with Cuba. The document lists Acemex Management Company Limited, by then domiciled in tiny Liechtenstein, as co-owner of a bank in the former Dutch colony of Curaçao. 

The Wall Street Journal
New York, New York
12 June 2012

ING Fined a Record Amount
Penalty of $619 Million Tied to Cuba, Iran for Violating U.S. Economic Sanctions

By Reed Albergotti  

ING Bank has agreed to pay a record penalty of $619 million for illegally moving billions of dollars through the U.S. banking system on behalf of Cuban and Iranian clients and threatening to fire employees if they failed to conceal the origin of the money. 

The U.S. prohibits certain countries and entities from accessing the U.S. banking system through sanctions enforced by the Treasury Department's Office of Foreign Assets Control. Banks in Manhattan, which process most of the world's U.S. dollar payments, use "filters" to prevent terrorists, money launderers and other criminals from gaining access. 

But the bank, a unit of ING Groep NV, one of the Netherlands largest banks, used a system to "strip," or delete, references to Cuba and Iran and, through more than 20,000 separate transactions, successfully moved more than $2 billion through the U.S. financial system. It is the fourth major bank to settle with New York and U.S. authorities in recent years over such activities. 

In 2009, Switzerland's Credit Suisse Group AG agreed to pay $536 million and the U.K.'s Lloyds Banking Group PLC agreed to pay $350 million to settle similar allegations with New York and U.S. authorities. The U.K.'s Barclays PLC settled allegations in 2010, agreeing to pay $298 million. ING's fine is the largest ever for these types of violations. 

ING profited by courting business from sanctioned entities like Iran and Cuba, according to court documents filed on Tuesday. Its clients in Cuba included a range of people, from individuals who wanted to cash U.S. travelers checks to government ministries. It also engaged in transactions with Iran's central bank and state-owned National Iranian Oil Co. 

Cyrus Vance Jr., the Manhattan district attorney, who is investigating other banks for possible similar violations, said in an interview Tuesday that "stripping" cases are about more than monetary damages. "They ensure that rogue regimes and human-rights abusers are isolated and feel economic pressure from sanctions," he said. 

Mr. Vance and the Justice Department noted that ING devoted significant resources to conducting an internal probe starting in 2006 and cooperating with the government. U.S. authorities said they would drop charges against the bank after 18 months, provided ING agrees to certain overhauls and cooperates with the government. 

From the early 1990s until 2007, employees processed these transactions with the approval and encouragement of senior corporate managers and legal and compliance departments, the court documents said. 

On several occasions, ING employees raised concerns about the practice, but were rebuffed by executives in ING's compliance department, the documents said. In 2003, an employee in London in an email implied that the "stripping" records might be problematic and pointed to a global "climate of anti-money-laundering and [Office of Foreign Assets Control] sanctions," the documents said. The concerns were rebuffed, according to court documents. 

In 2004, after receiving an email from another person in ING's London offices, inquiring about the bank's practice of covering up its dealings with Iran and Cuba, a legal department employee responded: "We have been dealing with Cuba (and ways around clearing through Manhattan) for a lot of years now and I'm pretty sure that we know what we are doing in avoiding any fines," according to court documents.  The court documents didn't name the employees involved in the email exchanges. 

The Dutch bank on Tuesday acknowledged responsibility for its conduct and that of its employees as part of the deferred prosecution agreement with the Manhattan district attorney's office and the Justice Department. At least three separate investigations into ING were under way by U.S. and New York authorities for the past two years. 

Jan Hommen, CEO of ING Groep, said in a statement: "The violations that took place until 2007 are serious and unacceptable. The facts as compiled in the statement of the Department of Justice describe a very different ING than the company we're all working so hard for today." 

To get around Cuban sanctions, ING often worked with a subsidiary, the Netherlands Caribbean Bank, a joint venture with a shipping company owned by the Cuban government, according to the court documents. ING's branch in Curaçao accepted American currency from the Cuban subsidiary and then "stripped" it of any connection to the communist nation so the money could flow through U.S. financial institutions. 

In emails excerpted in the court documents, ING executives talked of firing employees who failed to strip out records of the bank's dealings with sanctioned entities and at one point actually posted a how-to guide to the practice of stripping on a company intranet. In one email, an attorney in ING Groep's legal department described the widespread practice of stripping within the company as ING's "little white lie." 

The system by which ING circumvented U.S. sanctions also involved forming shell companies and rerouting payments through multiple banks so they couldn't be traced back to their origins in Cuba and Iran. According to court documents, this practice was called "handighei," which roughly translates as "tricky business." 

ING said it took a provision of €370 million ($462 million) in the first quarter of the year to cover the penalties, set up a team to prevent and detect money laundering, closed its representative office in Cuba in 2007, and ended relationships with sanctioned entities.

Cuba Updates Status Of Micro, Small & Medium-Sized Enterprises

Prensa Latina News Agency
Havana, Republic of Cuba
19 January 2022

Havana, Jan 19 (Prensa Latina) Cuba has set up 1,000 micro, small and medium-sized enterprises (MSMEs), of 1,422 private companies and 27 state-owned enterprises approved throughout the country as a result of a favorable process, authorized sources stated.

By: Ileana Ferrer Fonte

Of that total, 885 are registered in the commercial registry, while a considerable number of them are taking the necessary steps to be included in the mechanism implemented in all territories, with a decisive participation of the Ministry of Justice, panelists speaking at the Cuban roundtable TV program explained this Tuesday.

It is about the legal constitution of these new forms of management, in which the mercantile registry and the network of companies of Legal Consultancy and Collective Law Firms take part, Olga Lidia Perez, general director of Notary’s Offices and Public Registries, highlighted.

Upon assessing the development of the establishment of those entities, to which 22 non-agricultural cooperatives have been added, the official highlighted the participation of the legal sector, with an important advisory role, in addition to train notaries in commercial law to meet the needs of the new actors.

About the issue, Deputy Minister of Economy and Planning Johana Odriozola described the number of MSMEs as significant, after four months of being authorized its implementation throughout the country, and led by Havana, with 594, followed by Granma, with 157.

The deputy minister said that the procedure does not end with the setting up of MSMEs, but it covers their coherent inclusion in the economy and how they can contribute to the country’s economic and social growth.

"Ninth Summit of the Americas" Scheduled For 6 June 2022 To 10 June 2022 In Los Angeles, California. Cuba And Venezuela Should Be Invited- And Both Countries Should Participate.

The White House
Washington DC
18 January 2022

President Biden Announces Host City for Ninth Summit of the Americas

The vital national interests of the United States are inextricably bound to the fortunes of our closest neighbors in the Americas. To that end, the ability of our democracies to close the gap between what we promise and what we deliver depends in no small part on what we do, together, to make it better.

The United States will host the Ninth Summit of the Americas in Los Angeles, California in June 2022 with a focus on “Building a Sustainable, Resilient, and Equitable Future” for our hemisphere. [6 June 2022 to 10 June 2022 with the Los Angeles Convention Center the primary venue.]

The Summit of the Americas is the only hemisphere-wide convening of leaders from the countries of North, South, and Central America and the Caribbean. U.S. leadership in the Summit process underscores our deep and historical commitment to the people of the Western Hemisphere as well as our commitment to realizing the Build Back Better World (B3W) initiative. Working with the city of Los Angeles, Mayor of Los Angeles Eric Garcetti, and Governor of California Gavin Newsom, the United States looks forward to convening leaders and stakeholders across the hemisphere to advance our shared commitment to economic prosperity, security, human rights, and dignity.

The White House
Washington DC
20 January 2022

Background Press Call By Senior Administration Officials On the Summit of the Americas

SENIOR ADMINISTRATION OFFICIAL: Great. Thank you, [senior administration official]. And Happy New Year, everybody. I am very excited to talk with you today now that we have announced the city and dates for the Summit of the Americas -- the ninth Summit of the Americas -- which will be June 6th through 10th in Los Angeles, California. So with that said, look, the summit, I'll say, will focus on -- our theme for the summit is: “Building a Sustainable, Resilient, and Equitable Future.” As you know, the Summit of the Americas is the only convening that brings together all the leaders of the Western Hemisphere. Also making sure that for a region that is so dependent on fossil fuels, to ensure that we are mobilizing capital to help facilitate what is a global energy transition away from fossil fuels and toward the energies of the future. Making sure that the hemisphere does not get left behind is something that we're very focused on. Of course, issues of climate finance in areas like the Caribbean, Small Island Development States that are impacted by climate change.

And then lastly, you know, obviously the situation in Cuba -- the direction that the President has been to be tough on the regime, but soft on the Cuban people. And that approach has led us to -- after the July 11th protests -- to really raise the profile of those individuals that have been responsible for the for the brutal crackdown. We've imposed individual sanctions on Cuba Security Force officials with the Canadian, UK, and EU support and, at the same time, prioritized the delivery of food, medicine, and humanitarian supplies to the Cuban people. And then expanded our support for tools to avoid censorship so that Cubans can communicate to from and among each other. As they demand greater freedoms.

Question- A couple of questions, if I may. The first one is: Is the White House preparing a special announcement, particularly on immigration, during the summit? Should we expect anything -- any announcement particularly? Maybe you cannot share the announcement today, obviously, but at least the topics that you are interested in? And second question: Cuba participated for the first time in this Summit of the Americas in the summit in Panama. It was not invited in Peru’s. But I was wondering if the United States is likely to invite the Cuban regime to the summit. And also, what's going to happen with Nicaragua and Venezuela?

SENIOR ADMINISTRATION OFFICIAL: So, the second question is easier to answer. We have not yet made decisions on what the invitation list will look like. And we want to have that conversation with the countries of the region. I think that -- I think the operating assumption is that we look forward to welcoming the democratically elected leaders of the Organization of American States to the summit. So, you know, but I think we'll make more formal announcements on the invitations as we get closer to the summit date.

Question- Hello. Thank you for doing this. I’d like to know specifically if you expect Cuba, Nicaragua, and Venezuela to participate in the summit.

SENIOR ADMINISTRATION OFFICIAL: Thank you for the question. So, look, on Cuba, Nicaragua, Venezuela -- so, again, we don't have like a formal position to announce, but I'll just restate what I said to Gustau, which is: We look forward to welcoming the democratically-elected leaders of the Western Hemisphere, given just this affirmation of democratic values and the need to have democracies debate some of these issues. But, again, we, as the host, have a lot of -- I think, decide, ultimately, who will be invited. But we're going to consult with the countries of the Organization of American States as the Secretary for the summit. And we'll announce something I think as we -- as we put together, I think, just the agenda and the invitations, et cetera. We'll have announcements in the future.

Icelandair Wins DOT Authorization For 170 Round-Trip Charter Flights From Miami, Orlando, And Houston To Havana. Despite Objections From Three Airlines And Airline Pilots Association.

United States Department of Transportation
Washington DC
13 January 2022

XX Allocation of charters from the 2021/2022 U.S.-Havana public charter pool established in Order 2020-5-7, as follows:  

Icelandair requests allocation of 170 round-trip charter flights to be operated between Miami (136 flights), Orlando (17 flights), and Houston (17 flights), on the one hand, and Havana, on the other hand, on behalf of the public charter operator Anmart Superior Travel, LLC, d/b/a Anmart Air, LLC (Anmart Air). Icelandair proposes to operate during the period of February 1, 2022, through May 31, 2022.  

XX Statements of authorization under 14 C.F.R. Part 212 to provide the round-trip charters described above (undocketed applications # 2021-2779, 2021-2780, and 2021-2781).  

D I S P O S I T I O N  

XX Granted, application of Icelandair for allocation of 170 round-trip charter flights from the 2021/2022 U.S.-Havana public charter pool (see Discussion below)

XX Granted, applications of Icelandair for statements of authorization under 14 C.F.R. Part 212 (see attachments). 

LINK To USDOT DECISION 

Recent Analyses 

Icelandair Application To Provide U.S.-Cuba Charter Flights Has Increasing Opposition- From U.S. Charter Operators.  January 02, 2022 

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

Related Article

ch-aviation
Stansstad, Switzerland
17 January 2022

The US Department of Transportation has granted Icelandair (FI, Reykjavik Keflavik) all of its requested charter rights for services between the US and Havana Int'l despite considerable opposition from American carriers active in the same market. 

The regulator allocated 170 round-trip charter rights to the Icelandic carrier, comprising 136 flights from Miami Int'l and 17 each from Orlando Int'l and Houston Intc'l, between February 1 and May 31, 2022. In a separate decision, the DOT also authorised Icelandair to operate four round-trip flights from Orlando to Havana between January 11-31, 2022. All flights will be operated on behalf of tour operator Anmart Air. 

iAero Airways, GLOBALX, and World Atlantic Airlines, joined by the US Air Line Pilots' Association (ALPA), collectively objected to Icelandair's application in late 2021. However, the DOT found no basis for their arguments, roundly rejecting all of them and siding fully with the Icelandic carrier. 

In particular, the DOT agreed with Icelandair in rejecting allegations of the lack of reciprocity. The regulator underlined that it was not aware of any seventh-freedom request by US operators that had been denied by the Icelandic authorities. It also dismissed claims of Icelandair's alleged "undue reliance" on the proposed seventh-freedom operations. The DOT also noted that while the number of flights seemed high based on 2020 traffic figures, it was solely because Icelandair - like most other carriers - operated a skeleton network to the US that year. Finally, the DOT pointed out that even though the US-Havana market is capped at 3,600 round-trip flights per year, there are still unallocated frequencies left that US carriers are free to apply for if they can secure charter clients.

Code Name: Turkey. At Hearing, Havana Docks Corp 332 Pages: Four Cruise Lines Knew They Were Wrong. Intervention From President Trump. Collectively Grossed US$1.1 Billion; Paid Cuba US$138 Million.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Excerpts From Plaintiff Filings:

MR. [Frank] DEL RIO [President & CEO Of Norwegian Cruise Line Holdings]: “Until the – my perspective is -- and for my three brands -- until Congress officially repeals Helms-Burton, even if OFAC were to -- even if you can go backdoor through OFAC, it wouldn't be the proper thing to do, and I don't think you can do it on a sustained basis. Maybe you can do 50 folks at a time, but to run a business, you have to bring thousands of people at a time on an ongoing basis. I don't think that backdoor or that loophole, if you will, would work on a sustained basis.”

Venable LLP To Cruise Lines International Association- Attorney Client Privileged/Attorney Work Product/Privileged And Confidential (2/20/2019): “Since the Act took effect, OFAC's authorizations for travel and carrier services to and from Cuba have expanded. However, we anticipate that a court could interpret the Travel Exception narrowly, sucl1 that only persons engaged in activity that was otherwise authorized under U.S.”

PLAINTIFF’S NOTICE OF FILING SUMMARY JUDGMENT MOTION PRESENTATIONS (1/14/22)

Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12

Link: Notice Of Filing Carnival Corporation’s Individual Summary Judgment Motion Presentation (1/19/22)

Link: Four Cruise Lines Use 77-Page Presentation To Refute Argument That They "Trafficked" When Using Port In Havana. They Had No Choice; Every Decision Legal. January 14, 2022

Link: Libertad Act Title III Lawsuit Filing Statistics

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

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

Royal Caribbean Re-Sold Cuba "Tourist Visas" At 50% Mark-Up To Its Cruise Passengers On 341 Voyages That Included Cuba. Did Other Three Defendant Cruise Lines? Did Cuba Know? Approve?

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

Link: PLAINTIFF’S NOTICE OF FILING SUMMARY JUDGMENT MOTION PRESENTATIONS (1/14/22)
Link: Exhibit 10 (1/14/22)
Link: Libertad Act Title III Lawsuit Filing Statistics

LINK: Four Cruise Lines Use 77-Page Presentation To Refute Argument That They "Trafficked" When Using Port In Havana. They Had No Choice; Every Decision Legal. January 14, 2022

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

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

Four Cruise Lines Use 77-Page Presentation To Refute Argument That They "Trafficked" When Using Port In Havana. They Had No Choice; Every Decision Legal.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

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

Notice Of Filing Carnival Corporation’s Individual Summary Judgment Motion Presentation (1/19/22)

Notice Of Filing Defendants’ Omnibus Summary Judgment Motion Presentation (1/13/22)
Defendants’ Omnibus Summary Judgement Motion (1/13/22)

Order Amending Scheduling Order And Certain Pretrial Deadlines (1/14/22)

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

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

LINK To Libertad Act Lawsuit Filing Statistics

How Much Might Russia Spend To Return To Cuba? How Many Personnel? Annual Economic Impact And Fee To Cuba.

RT (286 January 2022): Claims that Moscow could soon send troops and hardware to Cuba, barely 100 miles off the US coast, should be ruled out because such a move would destroy the island nation’s hopes of normalizing relations with Washington, former Russian president Dmitry Medvedev has warned. Speaking with journalists on Thursday, Medvedev, who held his country’s top job between 2008 and 2012 and is now Deputy Chairman of the Security Council of Russia, said that the two Latin American countries are close partners of Moscow, but are also sovereign nations who are “trying to escape from isolation and reestablish normal relations with the US to some extent.” “We can’t deploy anything there,” he went on. “Even if, as is the case in Cuba, this is only because of their geopolitical position, their own national interests.” The ex-leader argued that there shouldn’t even be discussion of such a plan, because it would “provoke tension in the world.” In reference to ongoing disputes surrounding Ukraine, where Western leaders have accused Russia of planning an invasion, Medvedev insisted that his country does not want war, and that security negotiations are the only way to de-escalate tensions between Russia and NATO, the US-led military bloc. Earlier this month, Russia’s Deputy Foreign Minister Sergey Ryabkov, in an interview with RTVI, said that he would not rule out the possibility of building military infrastructure in Cuba or Venezuela, and that it would depend on “the actions of our American colleagues.” US National Security Advisor Jake Sullivan responded, noting that Russian military activity in Latin America had not been a point of discussion at recent security talks, but said that the US would act “decisively” if it did happen. On Wednesday, Moscow’s Foreign Minister Sergey Lavrov reported that President Vladimir Putin had spoken with the leaders of Cuba, Venezuela, and Nicaragua, and had agreed to step up collaboration with them in a range of areas, including military matters. On Thursday, Lavrov expressed disappointment concerning Washington’s response to Russia’s recent security proposals, saying that the US had refused to make concessions concerning the expansion of NATO in eastern Europe. “The main issue is our clear position on the unacceptability of further NATO expansion to the east and the deployment of highly destructive weapons that could threaten the territory of the Russian Federation,” the diplomat explained.

MEXICO CITY (UrduPoint News / Sputnik - 28th January, 2022) The deployment of Russian military infrastructure in Cuba is a delicate issue and cannot be announced in advance, Russian Ambassador to Cuba Andrey Guskov has said in an interview with Sputnik. "Regarding the possibility of deploying Russian military infrastructure in Cuba, given the sensitivity of this topic, it cannot be announced in advance," the diplomat said, adding that Cuban laws do not strictly prohibit the deployment of foreign military infrastructure on its soil.

RT (26 January 2022): Russian President Vladimir Putin has agreed with the leaders of Cuba, Venezuela, and Nicaragua to develop partnerships in a range of areas, including stepping up military collaboration, Foreign Minister Sergey Lavrov has announced. Speaking on Wednesday in an appearance in front of the Duma – Russia’s parliament – Lavrov reported that Putin had talked recently with the leaders of the three Central American countries, and that they had agreed to work together to strengthen their strategic cooperation. “President Putin held recent telephone conversations with his colleagues from these three governments, with whom we are very close and friendly, and they agreed to look at further ways to deepen our strategic partnership in all areas, with no exceptions,” Lavrov stated. He noted that Russia already has close relations with these countries in many spheres, “including military and military-technical.” Asked about the prospects of increased military cooperation with the three countries, Lavrov answered, “for the immediate future, we are counting on regular meetings of the corresponding committees.”

Office of the President
Moscow, Russia
24 January 2022

"Telephone conversation with President of Cuba Miguel Diaz-Canel Bermudez
Vladimir Putin had a telephone conversation with President of the Republic of Cuba Miguel Diaz-Canel Bermudez. The leaders had an in-depth exchange of opinions on bilateral cooperation in trade, the economy and investment. The President of Cuba thanked Russia for the humanitarian aid supplied to the republic, including in the context of countering COVID-19. The presidents discussed further coordination of Russia’s and Cuba’s actions in the international arena in line with the principles of strategic partnership and the traditions of friendship and mutual understanding. Vladimir Putin and Miguel Diaz-Canel Bermudez reaffirmed their commitment to strengthening bilateral relations and agreed to intensify contacts at different levels."

13 January 2022

From a senior-level official of the Ministry of Defense of the Russian Federation as to an initially projected U.S. Dollar value and fixed personnel to deliver a “robust” presence to the Republic of Cuba for the operational capabilities of fixed wing aircraft, drones, vessels, submarines, search & rescue, and personnel: 

1) Upgrades (radar, runways, facilities, fuel depots, roadways, etc.) and uses of military airports and civilian airports (those for dual use) US$75 million.  

2) Upgrades (dredging, facilities, fuel depots, etc.) and uses of ports US$75 million.  

3) Upgrades and uses of housing for personnel US$25 million.  Personnel estimate 2,500 combined civilian and military.  

4) Upgrades to communications infrastructure US$100 million.  

5) Upgrades and uses of electrical grid US$20 million for airports and ports and facilities.  

6) Annual fee to government of Republic of Cuba: US$275 million.  

7) Annualized economic impact US$100 million.