U.S. Federal Judge In Colorado Agrees To Enforce Part Of US$2.79 Billion Judgment Against Government Of Cuba For Torture.

Federal judge agrees to enforce part of $2.79 billion judgment against Cuba for torture, killing
Judge Nina Wang expressed uncertainty over how to proceed in the unique case against the government of Cuba

Civil Action No. 21-cv-02497-NYW-NRN: ALFREDO VILLOLDO, and GUSTAVO E. VILLOLDO, individually, and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos, Plaintiffs, v. THE REPUBLIC OF CUBA, Defendant.

Colorado Politics
Colorado Springs, Colorado
14 March 2023
By Michael Karlik

Two brothers who have attempted for years to collect on a $2.79 billion judgment against the Cuban government received a favorable ruling from a federal judge in Colorado, who largely accepted Cuba's liability for torturing and extrajudicially killing members of the Villoldo family. At the same time, U.S. District Court Judge Nina Y. Wang directed Alfredo and Gustavo E. Villoldo to explain what the "proper course of action" should now be, given the unusual nature of the brothers' case. "Despite this Court’s exhaustive independent research, the Court could not locate applicable authority directing the Court how to proceed in this instance," she wrote in a March 7 order.

The Villoldos asked Wang to confirm a Florida state judge's order that found the Cuban government liable under the Foreign Sovereign Immunities Act, which permits lawsuits against countries designated as state sponsors of terrorism. The Villoldos indicated the Cuban government or its agents likely hold "substantial assets" in financial institutions within Colorado. Wang agreed she could enforce the judgment for the torture of Gustavo Villoldo and the 1959 killing of Gustavo Villoldo Argilagos, the father of the plaintiffs. But she did not believe Alfredo Villoldo's treatment by the Cuban government amounted to torture under the law. Cuba did not appear in the original case in Florida, nor did it respond to the Villoldos' federal complaint in Colorado. The Cuban embassy in Washington, D.C. did not immediately respond to a Spanish language inquiry about Wang's order.

The Villoldo brothers are U.S. citizens in their 80s whose family lived in Cuba during the Cuban Revolution's overthrow of the authoritarian government. Gustavo Villoldo Argilagos was a dual U.S. and Cuban citizen who studied in the United States and became a successful businessman upon his return to Cuba. The family's story was the subject of testimony in the Florida case. When Fidel Castro and the Cuban revolutionaries gained control of the government in 1959, they quickly targeted the Villoldo family because of its wealth and American ties. Soldiers abducted the younger Gustavo Villoldo and took him to the "Sports Palace," where they withheld food and water, interrogated him and staged "mock executions," before finally releasing him. His father, Gustavo Villoldo Arilagos, met with revolutionary Ernesto "Che" Guevara in February 1959, during which Guevara threated to kill the Villoldo family unless the elder Villoldo surrendered his assets and took his life. Early the next morning, Gustavo Villoldo Arilagos died by suicide.

In 2011, Gustavo and Alfredo Villoldo filed suit in Miami-Dade County for emotional distress, economic loss and wrongful death. The defendant, Cuba, did not respond to or appear in the case. The litigation also raised Cuba's attempts through 2003 to assassinate or threaten to assassinate Gustavo Villoldo in Miami. Circuit Court Judge Beatrice Butchko sided with the brothers. She later amended her order in 2021, which awarded $2.79 billion to the Villoldos.

"This Court found that the torture inflicted by the Defendants began in January 1959 with the imprisonment and physical torture of the Villoldos that led to the suicide of Mr. Villoldo and the theft of the Villoldos' enormous wealth by the Republic of Cuba," Butchko wrote, "which was then used by Cuba to fund its efforts to support terrorism in Latin America and around the world."

The brothers then embarked on an effort to enforce Butchko's order in multiple federal courts, using the "full faith and credit" clause of the U.S. Constitution. Despite the Villoldos' efforts to serve the Cuban government with notice of the lawsuit, an effort that required the intervention of the State Department, Cuba did not respond to the brothers' filing in Colorado.

Wang performed her own legal analysis of the brothers' claims under the Foreign Sovereign Immunities Act. Although her findings were similar to Butchko's, they were not identical. Under the law, countries are not immune from being sued over acts of torture or extrajudicial killing under specific circumstances. They must be designated as state sponsors of terrorism "as a result" of their injury-causing actions, among other things. Relying on statements from academics and those with personal knowledge of the Reagan administration's 1982 designation of Cuba as a state sponsor of terrorism, Wang was convinced the label was "a result" of Cuba's targeting of citizens with U.S. ties. "We decided to designate Cuba a state sponsor of terrorism to highlight and punish Cuba for these domestic and foreign abuses," testified Davis Rowland Robinson, a State Department official during the early 1980s, speaking about the Villodos' case.

Wang further found Gustavo Villoldo's treatment amounted to torture and the elder Gustavo Villoldo Arilagos' suicide was an act of the government, following Guevara's threat on his life. "This threat came after months of harassment targeting the Villoldo family and the imprisonment of Gustavo and Alfredo (including the torture of Gustavo), and was made in a time during which revolutionary agents were targeting individuals with ties to the United States and executing Cuban citizens and residents," Wang wrote. However, she did not believe Alfredo Villoldo's treatment fell under the legal definition of torture.

Because Butchko's multibillion-dollar award to the brothers included the improper finding that Alfredo Villoldo suffered torture, Wang noted that portion of the decision was "likely void." She was unable to find guidance from other courts about what to do under such circumstances and invited the plaintiffs to suggest a course of action. Lawyers for the Villoldos did not immediately respond to questions about what they will request that Wang do next, but attorney Charles B. Rosenberg called Wang's order an "important development in our clients’ years-long efforts to hold Cuba responsible for its heinous acts of terrorism."

LINK TO ORDER ON MOTION FOR DEFAULT JUDGEMENT (3/7/23) Villoldo et al. v. The Republic of Cuba.

U.S. Agricultural Commodity/Food Products Exports To Cuba Increased 48.7% In January; Cuba Ranked 52nd Of 207 Global Export Markets. US$45,110.00 In Waffles And Wafers Among Products Purchased.

ECONOMIC EYE ON CUBA©
March 2023

January 2023 Ag/Food Exports To Cuba Increase 48.7%- 1
52nd Of 207 January 2023 U.S. Food/Ag Export Markets- 2
2021 To 2022 Year-To-Year Exports Increase 7.7%- 2
Cuba Ranked 52nd Of U.S. 2023 Ag/Food Export Markets- 2
January 2023 Healthcare Product Exports US$0.00- 2
January 2023 Humanitarian Donations US$1,087,266.00- 3
Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 17

JANUARY 2023 FOOD/AG EXPORTS TO CUBA INCREASE 48.7%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in January 2023 were US$32,394,196.00 compared to US$21,783,159.00 in January 2022 and US$19,018,549.00 in January 2021. 

January 2023 exports included among other items: Waffles and Wafers; Sweet Biscuits; Phosphates; Flour; Toilet Paper; Woodpulp; Chick Leg Quarters (Frozen); Chicken Meat (Frozen); Chicken Legs (Frozen); Meat of Swine; Preserved Chicken Meat; Non-Alcoholic Beverages.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Eight Senators, Two Representatives Supporting Trademark Legislation To Benefit Bacardi. But, Does Legislation Help Resolve 5,913 Certified Claims Against Cuba?

“Menendez, Rubio, Issa, Wasserman Schultz Lead Renewed Effort to Ban U.S. Courts from Enforcing Trademarks Stolen by the Cuban Regime.  This bicameral, bipartisan bill would protect the interests and rights of entrepreneurs who had their assets illegally seized by the Cuban regime.” 

WASHINGTON, D.C. (9 March 2023) – U.S. Senators Bob Menendez (D-N.J.), Chairman of the Senate Foreign Relations Committee and senior member of the Senate Finance Committee, and Marco Rubio (R-Fla.), Ranking Member of the Senate Foreign Relations Subcommittee for the Western Hemisphere, today reintroduced the bicameral, bipartisan No Stolen Trademarks Honored in America Act. Joining the Senators in presenting this legislation in the U.S. House of Representatives are Representatives Darrell Issa (R-Calif.-48) and Debbie Wasserman Schultz (D-Fla.-25). This bill would prohibit U.S. courts and executive branch agencies from recognizing, enforcing, or otherwise validating any assertion of rights by an individual of a trademark used in connection with a business or assets confiscated by the Cuban regime, unless the original owner of the trademark expressly consented to the transfer of the trademark. 

“Any confiscation or seizure of assets by the Cuban regime is and will always be a criminal act that should not be rewarded by the U.S. government,” said Sen. Menendez. “This legislation would codify into law longstanding U.S. policy of supporting rightful owners of stolen property by guaranteeing that American courts and the executive branch only recognize the rights of those whose trademarks were illegally taken by the Cuban government.” 

“There is bipartisan support to protect Americans who had property stolen by the Cuban regime. For years, the Cuban dictatorship has benefited from the confiscation of property. We must ensure that federal agencies and U.S. courts will not recognize, or validate any trademark rights that were illegally stolen from the rightful owners by the Cuban regime,” said Sen. Rubio. 

“This legislation is about more than one circumstance. It is the righting of a historical wrong and clear acknowledgement of the inherent value of intellectual property and the inviolable ownership of one’s ideas and creations,” said Rep. Issa. “This legislation makes a technical correction to our law, but one that will ensure that the protections of our laws apply to all parties claiming U.S. rights to confiscated Cuban trademarks – regardless of nationality.” 

“We are obligated to protect American companies who have been victimized by intellectual property theft and fraud, especially at the hands of adversarial foreign governments,” said Rep. Wasserman Schultz. “This legislation prohibits U.S. courts and executive branch agencies from validating an assertion of trademark rights in connection with a business or assets confiscated by the Cuban government. I hope my colleagues on both sides of the aisle will join us in reaffirming that the United States will not tolerate trademarks being held hostage.” 

The No Stolen Trademarks Honored in America Act would prohibit the use of a trademark when the individual asserting trademark rights knew or had reason to know at the time of acquisition that the trademark was the same or substantially similar to the trademark or name used in connection with a U.S. business or asset confiscated by the Cuban government. 

For example, in 1994, a Cuban rum-maker, Cuba Ron, filed for and received a U.S. trademark on the name “Havana Club,” named after a club that the Cuban regime seized in 1959. Around the same time Cuba Ron filed for a trademark, Bacardí, one of the world’s largest liquor producers based in Puerto Rico, purchased the trademark and recipe from descendants of the original Havana Club founder and owner. This legislation would prohibit Cuba Ron and its partner, Pernod Ricard, from exercising rights related to Havana Club given that the Cuban regime illegally seized it, and thus allowing Bacardi to use the trademark it rightly owns. 

Joining Sens. Menendez and Rubio in the Senate in cosponsoring this legislation are Sens. Catherine Cortez Masto (D-Nev.), Mike Braun (R-Ind.), Thom Tillis (R-N.C.), Roger Marshall (R-Kan.), Mazie Hirono (D-Hawaii), and Todd Young (R-Ind.). 

LINK: Text Of S.746
LINK: Libertad Act Title III Lawsuit Filing Statistics

https://www.menendez.senate.gov/newsroom/press/menendez-rubio-issa-wasserman-schultz-lead-renewed-effort-to-ban-us-courts-from-enforcing-trademarks-stolen-by-the-cuban-regime 

https://www.menendez.senate.gov/es/noticias/prensa/menendez-rubio-wasserman-schultz-issa-renuevan-esfuerzo-legislativo-para-prohibir-que-cortes-de-estados-unidos-reconozcan-marcas-comerciales-robadas-por-el-regimen-cubano 

BACARDI & COMPANY LIMITED, and BACARDI U.S.A., INC., Plaintiffs, v. EMPRESA CUBANA EXPORTADORA DE ALIMENTOS Y PRODUCTOS VARIOS d/b/a CUBAEXPORT, and HAVANA CLUB HOLDING, S.A., d/b/a HCH, S.A., Defendants. 

LINK: Order (3/6/23)- United States District Court For The District Of Colombia 

“For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendants’ Motion to Dismiss, ECF No. 122 is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that Defendants’ Partial Motion for Summary Judgment, ECF No. 124, is DENIED; and it is further ORDERED that all Counts against Havana Club Holding, S.A. d/b/a/HCH, S.A., are DISMISSED.” 

LINK: Memorandum Opinion (3/6/23)- United States District Court For The District Of Colombia  

“Upon careful consideration of the motions, oppositions, and replies thereto, and for the reasons explained below, Defendants’ Motion to Dismiss, ECF No. 122, is GRANTED IN PART and DENIED IN PART; and its Motion for Partial Summary Judgment, ECF No. 124, is DENIED.”

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

In The Olympics, 110-Meter Hurdle Race Has Ten Hurdles. Senator Klobuchar's Reintroduced Cuba Legislation Has At Least Twelve In The United States Congress.

Before Changing United States Laws, Senator Klobuchar And Her Co-Sponsors Need To Convince Cuba Government To Expand Opportunities For Micro, Small, And Medium-size Enterprises (MSMEs) And Make Commercial Infrastructure Regulatory Changes. 

Cuba Needs To Authorize Direct Investment In And Direct Financing To MSMEs Which Biden-Harris Administration Authorized In May 2022. 

United States Exporters- Those Companies Actually Exporting Agricultural Commodities And Food Products From The United States To Cuba Do Not Want To Extend Payment Terms To Cuba. Banks Do Not Want To Provide Financing. That’s A Problem For Legislation. Who Will Use Changes?

In The Olympics, The 110-Meter Hurdle Race Has Ten Hurdles.  New Cuba Legislation Has At Least Twelve In The United States Congress. 

LINK: Cuba Was 55th Largest Agricultural Commodity/Food Export Market In 2022. Increased 7.7% From 2021 To 2022; Up 40.2% In December 2021. Surprise: US$288,000.00 In Cigarettes From Tampa, Florida. Feb 9, 2023  

One: “[W]e fully support Moscow’s position that the conflict in Ukraine was deliberately provoked by the West and NATO, and we understand that Russia was forced to launch a special operation.” 

• From Miami Herald: “Vladimir Putin’s top security adviser and close ally, Gen. Nikolai Patrushev, the Russian Security Council secretary, met with Cuba’s leader Raúl Castro and the country’s appointed president, Miguel Díaz-Canel, in Havana on Wednesday to discuss “security cooperation.”  Also present was Lázaro Alberto Álvarez Casas, the head of Cuba’s Ministry of the Interior, which oversees the country’s various intelligence agencies, the police and border guard. In his strongest statement yet, Díaz-Canel told Patrushev that “we fully support Moscow’s position that the conflict in Ukraine was deliberately provoked by the West and NATO, and we understand that Russia was forced to launch a special operation,” according to Rossiyskaya Gazeta, the official Russian government newspaper.  Díaz-Canel’s statement did not appear in Cuban state media, which also did not disclose a visit by Patrushev and members of his staff to the Interior Ministry’s headquarters, which Rossiyskaya Gazeta reported.” 

Two: LINK- Despite Government Of Cuba Seeking US$1 Trillion In Reparations From The United States, It Opposed UN Resolution To Seek Reparations From Russia For Ukraine November 15, 2022 

Three Through Twelve: Robert Menendez (D- New Jersey), Chairman of the Committee on Foreign Relations of the United States Senate.  Senator Menendez is of Cuban descent along with Marco Rubio (R- Florida) and Ted Cruz (R- Texas).  In the United States House of Representatives, members of Cuban descent are: Mario Díaz-Balart (R-Florida), Maxwell Alejandro Frost (D-Florida), Carlos Giménez (R-Florida), Nicole Malliotakis (R-New York), Alex Mooney (R-West Virginia), María Elvira Salazar (R-Florida), and Robert Menendez Jr. (D-New Jersey), son of Senator Robert Menendez.  Representative Salazar is the Chair of the Subcommittee on Western Hemisphere of the Foreign Affairs Committee of the United States House of Representatives. 

On 2 March 2023, Amy Klobuchar (D- Minnesota) submitted S. 653, “A bill to lift the trade embargo on Cuba” which was referred to the Committee on Banking, Housing, and Urban Affairs of the United States Senate.  The initial co-sponsors were Jerry Moran (Republican, Kansas), Christopher Murphy (Democrat, Connecticut), Roger Marshall (Republican, Kansas), and Elizabeth Warren (Democrat, Massachusetts). 

• “Text: S.653 — 118th Congress (2023-2024) All Information (Except Text).  As of 03/08/2023 text has not been received for S.653 - A bill to lift the trade embargo to Cuba.  Bills are generally sent to the Library of Congress from GPO, the Government Publishing Office, a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.” 

• LINK To Text Of S. 653 

Klobuchar, Moran, Murphy, Marshall, Warren Introduce Bipartisan Legislation to Lift Trade Embargo on Cuba.  The Freedom to Export to Cuba Act would create new economic opportunities for American businesses and farmers by boosting U.S. exports and allowing Cubans greater access to American goods 

6 March 2023: WASHINGTON - U.S. Senators Amy Klobuchar (D-MN), Jerry Moran (R-KS), Chris Murphy (D-CT), Roger Marshall (R-KS), and Elizabeth Warren (D-MA) reintroduced bipartisan legislation to lift the Cuba trade embargo. The Freedom to Export to Cuba Act would eliminate legal barriers preventing Americans from doing business in Cuba and create new economic opportunities by boosting U.S. exports and allowing Cubans greater access to American goods. The legislation repeals key provisions of existing laws that block Americans from doing business in Cuba, but keeps in place laws that address human rights or property claims against the Cuban government.   

“I have long pushed to reform our relationship with Cuba, which for decades has been defined by conflicts of the past instead of looking toward the future,” said Klobuchar. “By ending the trade embargo with Cuba once and for all, our bipartisan legislation will turn the page on the failed policy of isolation while creating a new export market and generating economic opportunities for American businesses.”  

“The unilateral trade embargo on Cuba blocks our own farmers, ranchers and manufacturers from selling into a market only 90 miles from our shoreline, while foreign competitors benefit at our expense,” said Moran. “This legislation will expand market opportunities for U.S. producers by allowing them to compete on a level playing field with other countries. It is time to amend our own laws to give U.S. producers fair access to market to consumers in Cuba.” 

“We can expand opportunities for American businesses and farmers to trade with Cuba while still holding the Cuban government accountable for its human rights record. This bipartisan legislation is a smart fix that will create American jobs and benefit the Cuban people,” said Murphy.   

“I’m proud to sign onto the Freedom to Export to Cuba Act. It’s important for the United States to boost our economic opportunities and increase market access for American-made goods. Repealing the current legal restrictions and trade embargo on Cuba allows for Kansas farmers, ranchers and manufacturers to expand their businesses to Cuba and opens the door to a large export market, while leaving in place measures to address human rights abuses,” said Marshall. 

“It is long past time for us to normalize relations with Cuba,” said Warren. “This legislation takes important steps to remove barriers for U.S. trade and relations between our two countries and moves us in the right direction by increasing economic opportunities for Americans and the Cuban people.” 

The Freedom to Export to Cuba Act repeals the current legal restrictions against doing business with Cuba, including the original 1961 authorization for establishing the trade embargo; subsequent laws that required enforcement of the embargo; and other restrictive statutes that prohibit transactions between U.S.-owned or controlled firms and Cuba, and limitations on direct shipping between U.S. and Cuban ports.  Cuba relies on agricultural imports to feed the 11 million people who live there and the approximately 4 million tourists who visited in 2019 prior to the pandemic. The U.S. International Trade Commission found that if restrictions on trade with Cuba had been lifted, exports like wheat, rice, corn, and soybeans could increase by 166 percent within five years to a total of about $800 million. 

LINK TO COMPLETE TEXT IN PDF FORMAT

Links To Related Analyses 

Western Union Goes National For U.S. Tranfers To Cuba.... When Will Cuba Permit U.S. Investment And Financing For MSMEs In Cuba? No Excuse For Delays.  Mar 3, 2023  

Cuba Updates Regulations On Import, Sale, Transfer Of Vehicles, Including Electric Vehicles, For MSMEs And Individuals. Two Years And Waiting... No MSME Investment/Financing Delivery Regulations Feb 25, 2023  

Cuba Was 55th Largest Agricultural Commodity/Food Export Market In 2022. Increased 7.7% From 2021 To 2022; Up 40.2% In December 2021. Surprise: US$288,000.00 In Cigarettes From Tampa, Florida. Feb 9, 2023  

Defining Anemic: In Five Years, 2018 Farm Bill USDA Provision For Cuba Had No Use Of FMD And Two Uses Of MAP. Approximately 90 U.S.-Based Entities Could Have Participated. That’s A 2.2% Use Rate. Feb 3, 2023  

Another Unpublicized U.S. Senator Visit To Cuba. Rather Than Focus On What Cuba Private Sector Needs From Cuba Government, He Focuses Upon What Cuba Private Sector Needs From U.S. Government. January 05, 2023 

Mr. de Cossio At MINREX In Cuba Not Quite Accurate With His Comments About Biden-Harris Administration Efforts With MSMEs And Remittances Dec 20, 2022  

If MSMEs Are Important To Cuba, Why Nearing Seven Months And No Regulations Authorizing Foreign Investment And Foreign Financing? Biden Administration And 6,000 MSMEs In Cuba Are Waiting. Nov 30, 2022  

Biden-Harris Administration Approves First Equity Investment Since 1960 In A Private Cuban Company May 10, 2022  

With U.S. Government Authorization For First Direct Equity Investment Into A Private Company In Cuba, Here Is Important Context And Details.  About The Parties; About The Message. May 16, 2022   

Ag Delegations Traveling To Cuba Must Know What Is Possible, Advocate To Government Of Cuba To Permit All That Is Permissible- Direct Export Of Coffee, Cacao, Honey. Complaining Not Constructive. April 14, 2022  

Might Cubaexport In 2020 Permit “Independent Entrepreneurs” To Export Coffee Beans, Cocoa and Honey To The United States? January 14, 2020  

Senator Klobuchar Could Be A Catalyst For Claims Or Her Candidacy Could Doom Her Legislation February 16, 2019

Government Of Cuba Needs To Work With Consulates In Havana So They Accept Only Cuban Pesos As Payment For Services- And Then May Convert Them To Other Currencies If Desired.

From CiberCuba: 

As of April 2023, the United States embassy in Havana will no longer accept payment for consular services in Cuban pesos, according to a note posted on Twitter.  Instead, only cash US dollars will be accepted for services such as visa processing, notary services and credit.  

• Reminder: Starting tomorrow, March 1, 2023; @USEmbCuba no longer accept Cuban pesos for consular services. Payment must be made in US dollars, cash only. pic.twitter.com/SVNbGf4qSC— Embassy of the United States of America in Cuba (@USEmbCuba) February 28, 2023 

Embassies are authorized to accept only one currency to compensate for the monetary cost of consular services that are financed through fees.  This policy change is often implemented when the available trade rates do not allow a fair trade between the dollar and local currencies.  This policy could not accept Cuban pesos as it could affect the exchange of currency in the Cuban market.  This decision is not unique to the US embassy in Havana, as other embassies have had to decide how much money they will receive for their merits.  

In June 2022, the embassies of Panama and Ecuador temporarily suspended consular services in Havana in order to receive the money in which they were to receive the payment, according to an instruction from the Central Bank of Cuba (BCC).  In addition, the Brazilian embassy in Havana announced that users can only pay for their services by bank transfer or deposit in convertible currency.  

In response to these decisions, the BCC announced that embassies and consulates cannot transfer funds to convertible currency accounts or make extra payments, and must determine how they receive payment on merit. They are given options to choose between the Cuban peso or convertible currencies (MLC).

Western Union Goes National For U.S. Transfers To Cuba.... When Will Cuba Permit U.S. Investment And Financing For MSMEs In Cuba? No Excuse For Delays.

“… But for that to happen, the Cuban government also needs to issue regulations establishing a clear path for foreign investment in the private sector, said John Kavulich, president of the U.S.-Cuba Trade and Economic Council, who last year received authorization from the Treasury Department to invest and provide financing to a Cuban private business.”

“The [Miguel] Díaz-Canel administration in Havana needs to now implement what it has reiterated for two years would be permitted: that small and medium private enterprises receive direct investment and direct financing from sources in the United States,” he said. “There is no valid reason for more stalling and depriving those private enterprises of resources they desperately need and the Biden-Harris administration has already authorized.”” Miami Herald, 2 March 2023

Western Union Expands Initial Test Service from the United States to Cuba
March 02, 2023

Pilot program now includes more than 4,400 retail locations across all 50 United States
Digital service now available over WesternUnion.com or the Western Union mobile app
Money can be received electronically into accounts at three major Cuban banks

DENVER--(BUSINESS WIRE)-- Western Union (NYSE: WU) today announced a major expansion of its pilot program providing money transfer services from the U.S. to Cuba.  The initial test phase of the pilot program, launched on January 4, included send service from a select group of U.S. retail locations in the Greater Miami area. Today, it has grown to more than 4,400 retail locations across the United States and Puerto Rico, as well as the availability of digital send service from WesternUnion.com and the Western Union mobile app.  Currently, customers can send money from the U.S. to receivers with bank and debit card accounts at the following banks in Cuba: Banco Popular de Ahorro, Banco Metropolitano S.A. and Banco de Credito y Comercio (Bandec).  To process transactions to Cuba, Western Union signed an agreement with Orbit S.A. who received authorization from the Central Bank of Cuba in February 2022 as a non-banking financial institution to process money transfers to the island.

Service Details

Funds can be received into bank accounts and debit cards only. Service is limited to consumer money transfers only. U.S. customers can remit up to USD2,000.00 per transaction by presenting valid government-issued identification.  Money will be available for receipt same day if sent prior to Noon U.S. Eastern Time. Remittances sent after Noon U.S. Eastern Time will be available the next business day.  Service is available to receivers with Carnet de Identidad IDs and bank and/or debit card accounts at the following banks in Cuba: Banco Popular de Ahorro, Banco Metropolitano S.A. and Banco de Credito y Comercio (Bandec).  Customers cannot send funds to their own MLC bank accounts/debit cards in Cuba.  Deposits are available in U.S. dollar currency only, which has the same equivalency to the Cuban Moneda Libremente Convertible (MLC).  The company has plans to expand the program further this year.

About Western Union

The Western Union Company (NYSE: WU) is committed to helping people around the world who aspire to build financial futures for themselves, their loved ones and their communities. Our leading cross-border, cross-currency money movement, payments and digital financial services empower consumers, businesses, financial institutions and governments—across more than 200 countries and territories and nearly 130 currencies—to connect with billions of bank accounts, millions of digital wallets and cards, and a global footprint of hundreds of thousands of retail locations. Our goal is to offer accessible financial services that help people and communities prosper. For more information, visit www.westernunion.com

Libertad Act Lawsuit Against Iberostar Of Spain Returns To Circuit Court. International Comity Does Not Tolerate Inaction For Three Years. Iberostar, IHG Forge Alliance- Except Cuba Properties.

International Comity: Defendant must obey European Commission (EC) blocking statute.
United State Comity: Defendant caught between two different laws.

United States Circuit Court rightly provided time for EC to determine its position.  However, waiting three years was too long.  Appeals Court ruled Circuit Court abused discretion- no judge wants to be labeled in that manner.  International comity does not tolerate inaction for years.

MARIA DOLORES CANTO MARTI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF DOLORES MARTI MERCADE AND FERNANDO CANTO BORY V. IBEROSTAR HOTELES Y APARTAMENTOS SL [1:20-cv-20078; Southern Florida District; 21-11906 11th Circuit Court of Appeals]

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

First Amended Complaint (2/24/23)
Defendant’s Motion To Dismiss Plaintiff’s Complaint And Memorandum Of Law (1/11/23)
Libertad Act Lawsuit Filing Statistics

02/28/2023- Joint SCHEDULING REPORT - Rule 26(f) by Enrique Canto Marti, Fernando Jose Ignacio Canto Marti, Graciela Maria Canto Marti, Javier Enrique Canto Marti, Maria Dolores Canto Marti, Roberto Jose Canto Marti (Patricios, Leon) (Entered: 02/28/2023)
02/24/2023- PAPERLESS ORDER: denying as moot the Defendant's motion to dismiss. 68 . The Plaintiff's amended complaint moots the motion to dismiss the prior pleading. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. (cst) (Entered: 02/24/2023)
02/24/2023- First AMENDED COMPLAINT against Iberostar Hoteles Y Apartamentos SL, filed by Maria Dolores Canto Marti, Enrique Canto Marti, Fernando Jose Ignacio Canto Marti, Javier Enrique Canto Marti, Roberto Jose Canto Marti, Graciela Maria Canto Marti. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Zumpano, Joseph) (Entered: 02/24/2023)
02/21/2023- Scheduling Order and Order of Referral to Mediation: ( Jury Trial set for 2/12/2024 before Judge Robert N. Scola Jr.., Calendar Call set for 2/6/2024 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. Signed by Judge Robert N. Scola, Jr on 2/21/2023. See attached document for full details. (cds) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 02/21/2023)
01/23/2023- Reset Deadline. Amended Complaint due by 2/24/2023. PER DE#70 (cds) (Entered: 01/24/2023)

Excerpt From First Amended Complaint

Iberostar’s main website, Iberostar.com (which includes derivative websites such as booking.iberostar.com and booking.iberostarvacation.com)—copyrighted by Iberostar—is interactive, capable of e-business and reaching the world, and accessible in the United States (including Florida). At a minimum, prior to the filing of the Original Complaint, U.S. residents, including Floridians, could access Iberostar’s website and book hotel accommodations at the Iberostar Imperial Hotel (which is on and part of the Subject Property). Moreover, at a minimum, prior to the filing of the Original Complaint, U.S. residents, including Floridians, could determine availability of hotel rooms at the Iberostar Imperial Hotel (which is on and part of the Subject Property) on their preferred dates, the applicable pricing, and the available room features (e.g. type of room, air conditioning, bathroom tub or shower), and reserve a room by using, upon information and belief, a U.S. credit card. See Composite Exhibit 1, Iberostar Screenshots.

The Subject Property has not been the subject of a certified claim under Title V of the International Claims Settlement Act of 1949 (22 U.S.C. § 1643 et seq.), nor has the claim to the Subject Property been settled pursuant to any settlement procedure. More specifically, Plaintiffs’ interest to the Subject Property is not the subject of a certified claim. Moreover, the remaining interest to the Subject Property (held by Rosa Canto Bory’s heirs and Rosa Zumpano’s heirs) is not the subject of a certified claim. 13 71. The value of Plaintiffs’ claim is well in excess of the Act’s $50,000.00 requirement. See 22 U.S.C. §6082(b). 72. Based on the aforementioned, Plaintiffs are entitled to all relief available under the Act, including actual damages, treble damages, prejudgment and post-judgment interest, costs and reasonable attorney’s fees, pursuant to 22 U.S.C. § 6082.

From Previous Plaintiff Filing: “1 On December 14, 2022, Iberostar Spain received a Commission Implementing Decision from the European Commission (“Decision”) on its application for authorization to respond to the Complaint in this action. In the Decision the European Commission authorized Iberostar Spain to move to dismiss this action, and specifically stated: “In the framework of such an exceptional authorisation, the Commission finds it relevant to make the following points: (a) The Commission recalls that the extra-territorial application of sanctions is an outright violation of international public law . . . . Therefore, the Commission considers that it would be against international law for the U.S. Court to exercise jurisdiction over the Applicant and an action in U.S. courts supporting such a claim is in the Union interest. (b) It is also in the Union’s interests that the U.S. Court has all the necessary elements at its disposal in order to declare its own lack of jurisdiction. This is not only desirable from a legal standpoint but it is also necessary in order to achieve the general policy objectives of Regulation (EC) No 2271/96 and protect the Applicant. U.S. courts have already dismissed other Helms-Burton lawsuits on jurisdictional grounds. (c) It is also in the Union’s interests that this case adds to the existing case law where U.S. courts dismiss Helms-Burton claims on lack of personal jurisdiction. In particular, the Commission considers it important that a default judgment in this case does not result in the creation of case law that is contrary to the interests of EU operators . . . .” The Decision expressed a need to build on the U.S. doctrine of international comity, while emphasizing that this Court does not have jurisdiction over Defendant, and it should restrain from exercising jurisdiction.”

21 November 2022
IHG and Iberostar sign a strategic alliance for resort and all-inclusive hotels in the Caribbean, Americas, Southern Europe and North Africa

InterContinental Hotels Group PLC (IHG or the Company) and Iberostar Hotels & Resorts (Iberostar) announce today a long term commercial agreement for resort and all-inclusive hotels. Iberostar is a family-run business based in Palma de Mallorca, Spain, with more than 65 years’ experience in the hospitality industry, an excellent reputation for operating resorts in outstanding locations, and a strong commitment to quality and sustainability. Through this strategic alliance, Iberostar will retain 100% ownership, preserving its autonomy and values. Up to 70 hotels (24.3k rooms) will be added to IHG’s system under the Iberostar Beachfront Resorts brand, which will become the 18th brand for IHG. This will boost IHG’s global system size by up to 3%. The first properties set to join the IHG system this December will give IHG guests increased choice in sought-after locations including Mexico, the Dominican Republic, Jamaica, Brazil and the Canary Islands (Spain). Further properties in Spain and other popular resort destinations in Southern Europe and North Africa are anticipated to join IHG’s system over the course of 2023 and 2024.

IHG guests will be able to look forward to memorable stays in award-winning hotels*, ranging from family friendly premium offerings to adult only luxury, in leading resort destinations, including: Iberostar Grand Paraiso (Riviera Maya, Mexico); Iberostar Selection Hacienda Dominicus (Bayahibe, Dominican Republic); Iberostar Grand Rose Hall (Montego Bay, Jamaica); and Iberostar Selection Anthelia (Tenerife, Spain). These add to IHG’s existing 260 resort properties that span brands including Six Senses, Regent, InterContinental, Kimpton, Hotel Indigo, Crowne Plaza, Holiday Inn and Holiday Inn Club Vacations. IHG has fewer than 20 resort properties in the countries where the Iberostar Beachfront Resorts properties are located. The agreement therefore significantly increases and broadens IHG’s resort footprint. The portfolio of Iberostar properties will gain access to IHG’s enterprise platform, including its distribution channels and the IHG One Rewards loyalty programme with more than 100 million members. IHG in turn will increase awareness of its current brands with a new set of travellers, and meet a clear desire from guests and loyalty members for more resort destinations and the option of all-inclusive stays.

In what is a large and high growth market segment, demand for resort and all-inclusive stays has been buoyed by increasing traveller desire for high quality experiences and stress-free holidays, particularly post-Covid, and the ability to access such stays as part of loyalty programme membership. The breadth of resort choices for travellers has also increased in recent years, with luxury and upper upscale destinations creating more wellbeing and sustainability-led experiences that tailor to changing guest expectations. Iberostar and IHG share many company values, including a passion for sustainability and responsible tourism, with Iberostar’s pioneering Wave of Change movement outlining clear aims to move towards a circular economy, promote the responsible consumption of seafood and improve coastal health. As part of the agreement, IHG will work with Iberostar to create opportunities for joint sustainability initiatives that align with IHG’s 2030 Journey to Tomorrow responsible business plan. The Iberostar Beachfront Resorts brand will be included in a new Exclusive Partners category in IHG’s brand portfolio, which will sit alongside its Suites, Essentials, Premium and Luxury & Lifestyle categories.

Keith Barr, Chief Executive Officer, IHG Hotels & Resorts, said: “As we continue to expand the footprint of our world famous brands, we are always looking at exciting, sustainable growth opportunities in areas that can further enhance our offer for guests and owners. Guests have told us of their wish for increased choice of resort and all-inclusive destinations within our brand portfolio. We are delighted to address that by working with such a well-respected, experienced and like-minded partner as Iberostar, and to see more amazing hotels join our system that continues IHG’s growth in so many of the world’s most attractive markets and destinations. Iberostar has successfully developed a leading presence in beachfront and all-inclusive properties in the Caribbean, Americas, Southern Europe and North Africa over many decades, and we are excited about the opportunities to further grow the brand’s footprint together. This agreement increases IHG’s system by up to 3%, which helps to deliver on our ambitions for system growth. We continue to explore further opportunities for growth with exclusive partners, demonstrating the strengths and attractiveness of IHG’s enterprise platform.”

Sabina Fluxá, Vice-Chairman and Chief Executive Officer, Iberostar Group, commented: “With this agreement, we set the path to continue the outstanding growth that began 40 years ago with the creation of the Iberostar brand and which has positioned us among the top resort brands in the world. The alliance with IHG combines our strengths, represents a decisive step forward in the distribution of Iberostar’s beachfront resorts, and reinforces our position as a benchmark in responsible tourism. By working together we will grow our portfolio and we are really looking forward to hosting IHG loyalty members in our collection of premium and luxury beachfront resorts and all-inclusive properties.”

Miguel Fluxá, Chairman, Iberostar Group, added: “This strategic alliance will enable Iberostar Beachfront Resorts to benefit from IHG’s industry-leading technology, deep skills and global scale. Retaining 100% ownership of Iberostar allows us to continue to generate differentiation in the hospitality industry with a long-term vision for our employees, clients, tour operators, distribution partners and local communities that have been loyal to us during all these years. We will continue to stay true to who we are, preserving our philosophies and values of quality and sustainability.”

Further details on the agreement and financial overview:
•    The agreement gives IHG a licence to the Iberostar Beachfront Resorts brand. The agreement has an initial term of 30 years and the option to renew for additional terms of 20 years upon mutual agreement.
•    The agreement is expected to add up to 24.3k rooms across 70 properties to IHG’s system over the next two years. Of these, 27 properties (8.2k rooms) still require additional approvals from third parties in order to join IHG. The total of up to 70 properties would be equivalent to growth of 2.8% on IHG’s global estate of 880.3k rooms at the start of 2022. The first rooms are expected to come into IHG’s system in December this year, with these representing approximately half of the total rooms subject to the overall agreement.
•    The 70 properties are all beachfront resorts. They exclude Iberostar’s other operations, such as its smaller portfolio of urban hotels, and also exclude Iberostar’s interests in Cuba. The approximate geographic split of revenues from the selected portfolio of 70 hotels in 2019 was: Mexico 22%; Dominican Republic 13%; Jamaica 8%; Brazil 5%; Spain 40%; other EMEAA region locations 12%.
•    A pipeline of six further Iberostar Beachfront Resorts properties, representing ~3k rooms, is also expected to be added to IHG’s pipeline. This pipeline will increase as IHG and Iberostar work together to grow the brand’s footprint through the long-term commercial agreement.
•    The total gross revenue of the existing portfolio of 70 hotels was approximately $1.3bn in 2019, equivalent to growth of over 4% on IHG’s $27.9bn of total gross revenue. Under the agreement, IHG will receive marketing, distribution, technology and other fees in a manner similar to its existing asset light model.
•    IHG’s fee structure will ramp-up over a period through to 2025 as the hotels increasingly integrate onto IHG’s platform. By 2027, representing year five of the agreement, annual revenue recognised within IHG’s fee business is expected to be in excess of $40m, with a broadly similar amount additionally recognised within System Fund revenues.
•    Reflecting integration investment, the net impact on IHG’s operating profit from reportable segments is expected to be modestly negative in 2022 and 2023. It is then expected to turn positive in 2024, before ramping up significantly from 2025 with the final step up in the fee structure and the expected shift in distribution channel mix.

Cuba Included Again In U.S. Deparment Of State Country Reports On Terrorism (CRT).

Release of the 2021 Country Reports on Terrorism

Office of the Spokesperson 

Today, the Department of State issued the 2021 Country Reports on Terrorism (CRT), which provide a detailed look at the counterterrorism environment in 2021.  Each year, the CRT provides insight on important issues in the fight against terrorism and helps the United States make informed decisions about policies, programs, and resource allocations as we seek to build counterterrorism capacity and resilience around the globe.  The 2021 CRT is available on the Department’s website. 

On January 12, 2021, the Department of State designated Cuba as a State Sponsor of Terrorism. The Secretary determined that the Cuban government repeatedly provided support for acts of international terrorism in granting safe harbor to terrorists. 

Cuba was previously designated as a State Sponsor of Terrorism in 1982 because of its long history of providing advice, safe haven, communications, training, and financial support to guerrilla groups and individual terrorists. 

Cuba’s designation was rescinded in 2015 after a thorough review found that Cuba met the statutory criteria for rescission.  In 2021, the Secretary of State determined that Cuba had repeatedly provided support for acts of international terrorism since its State Sponsor of Terrorism designation had been rescinded in 2015.  Citing peace negotiation protocols, Cuba refused Colombia’s request to extradite 10 ELN leaders living in Havana after that group claimed responsibility for the 2019 bombing of a Bogotá police academy that killed 22 people and injured 87 others. 

The Cuban government did not formally respond to the extradition requests for ELN leaders Victor Orlando Cubides (aka “Pablo Tejada”) and Ramírez Pineda (aka “Pablo Beltrán”) filed by Colombia. 

Cuba also harbors several U.S. fugitives from justice wanted on charges related to political violence, many of whom have resided in Cuba for decades.  For example, the Cuban regime refused to return Joanne Chesimard, aka Assata Shakur, a fugitive on the FBI’s Most Wanted Terrorists List, who was convicted of murdering New Jersey State Trooper Werner Foerster. 

Cuba also refused to return William “Guillermo” Morales, a fugitive bomb maker for the Armed Forces for National Liberation, who is wanted by the FBI and escaped detention after his conviction on charges related to domestic terrorism; Ishmael LaBeet, aka Ishmael Muslim Ali, who received eight life sentences after being convicted of killing eight persons in the U.S. Virgin Islands in 1972 and hijacking a plane to flee to Cuba in 1984; Charles Lee Hill, who has been charged with killing New Mexico State Policeman Robert Rosenbloom in 1971;  Ambrose Henry Montfort, who used a bomb threat to hijack a passenger aircraft and fly to Cuba in 1983; and Víctor Manuel Gerena, a Puerto Rican militant who stole $7 million in a bank heist. 

LINK TO COMPLETE REPORT IN PDF FORMAT

Misleading Tweet By Biden-Harris Department Of State Emulates Trump-Pence Department Of State. So Much For Wanting To Be Different. Channeling Michael Kozak.

Misleading Tweet By Biden-Harris Department Of State Emulates Trump-Pence Department Of State.  So Much For Wanting To Be Different.  Channeling Michael Kozak.

“The commercial export from the United States to the Republic of Cuba of agricultural commodities, food products, and healthcare products (medical equipment, medical instruments, medical supplies, pharmaceuticals) is not an act of benevolence by the Biden-Harris Administration (2021- ).  To suggest so is a lie.  These commercial exports are specifically authorized by statutes (1992 and in 2000), legislation approved by the United States Congress and then signed into law by the president of the United States. The primary goals are to provide new markets to United States exporters.”

Tweet Published By The Embassy of the United States, Havana, Republic of Cuba (22 February 2023): “En 2021, Estados Unidos autorizó más de 4.200 millones de dólares en exportaciones humanitarias a Cuba. En 2022, autorizamos 7.600 millones de dólares de exportaciones humanitarias. Estas exportaciones tienen como objetivo ayudar directamente al pueblo cubano.” 

English Translation (Google): “In 2021, the United States authorized more than $4.2 billion in humanitarian exports to Cuba. In 2022, we authorize $7.6 billion of humanitarian exports. These exports are intended to directly help the Cuban people.” 

Follow-Up Email From The United States Department of State: “The 2022 figure is 7.6 billion dollars, the 2021 figure is 4.2 billion.  These are figures reflect the combined value of all goods authorized for export from the US to Cuba including food, medicine, and everyday goods.  These are not strictly confined to purchases from US companies but include humanitarian donations by individuals and organizations.  The authorized figure does not necessarily reflect actual exports or donations.” 

For perspective:  

Agricultural Commodity/Food Commercial Exports Delivered To Cuba
2022- US$328,536,988.00
2021- US$304,774,413.00

For the period 2001 through 2022, from when the first agricultural commodity and food products were exported from the United States to the Republic of Cuba under provisions of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, the value delivered was US$6,903,726,366.00.   

Healthcare Products Commercial Exports Delivered To Cuba
2022- US$9,226,763.00
2021- US$487,886.00

For the period 2003 through 2022, the value of healthcare products (medical equipment, medical instruments, medical supplies, pharmaceuticals) delivered from the United States to the Republic of Cuba under provisions of the Cuban Democracy Act (CDA) of 1992 was US$36,419,340.00. 

Donations Delivered To Cuba
2022- US$30,083,306.00
2021- US$11,074,090.00

For the period 2014 through 2022, the value of humanitarian donations delivered from the United States to the Republic of Cuba was US$68,682,418.00. 

Why did the United States Department of State not include the details, the context, in its initial tweet?  Because the intention was to deliberately mislead to the benefit of the Biden-Harris Administration (2021- ) and to the detriment of the Diaz-Canel-Valdes Mesa Administration (2019- ).   

• The message was designed to embarrass, humiliate the government of the Republic of Cuba.  That objective is perfectly acceptable when using facts to support the goal.  That objective is profoundly objectionable when using the imperator, the credibility of the government of the United States government. 

• The misuse of data in this manner permits the government of the Republic of Cuba to justifiably respond- it is accused by the United States Department of State of lying and misusing statistics and here the United States Department of State engages in equally egregious behavior. 

This official statement from the United States Embassy in Havana, Republic of Cuba, is a repeat of what previous administrations have done- be reckless with the facts, and present information that they know fully is misleading.  It’s disrespectful.  It's disgraceful. 

The Biden-Harris Administration knows that the Bureau of Industry and Security (BIS) of the United States Department of Commerce has since the Bush-Cheney Administration (2001-2009) and during the Obama-Biden Administration (2009-2017), and Trump-Pence Administration (2017-2021) encouraged companies, organizations, and individuals who are exporting products from the United States to the Republic of Cuba- whether commercial (sold) or donated, not be required to seek a BIS license (if one is required) for the precise U.S. Dollar value of a particular shipment.   

Rather, to reduce paperwork, the exporter is encouraged to bundle expectations.  For example, if a company has an order for US$2 million in poultry, then the exporter might seek a license value of US$75 million or more or less so that if there are subsequent orders within the validity of the BIS license (usually three years to four years) additional BIS licenses are not required.  Same is true for donations- if an organization is hopeful to have US$10 million, then include US$100 million or more or less in the BIS license application.  

One example of how the data in the Tweet published on 22 February 2023 by the United States Department of State is misleading- the US$7.6 billion value is more than the value of all agricultural commodity, food product, healthcare product, and donations since December 2001.  

LINK TO STATISTICS IN PDF FORMAT 

Related Tweets From United States Department Of State 

Two Tweets From US Assistant Secretary Of State Michael Kozak Devoid Of Important Context And Details; He's Done It Before April 11, 2020 

Clarification To Tweet From Michael Kozak, US Assistant Secretary Of State About U.S. Exports To Cuba September 24, 2019 

“On 23 September 2019, The Honorable Michael G. Kozak, Acting Assistant Secretary of State for Western Hemisphere Affairs “retweeted” a “tweet” from the Embassy of the United States in Cuba.  LINK: https://twitter.com/WHAAsstSecty/status/1176240454104473601  

The publication of a US$12 billion “authorized” value since January 2018 is misleading and unnecessarily reinforces questions of credibility for statements by the United States Department of State.  Context is important.  Thus far in 2019, approximately US$186,114,479.00 (through 30 July 2019) in ag/food products have been exported from the United States to Cuba. Thus far in 2019, Cuba ranks 50th among 229 United States ag/food export markets.  Exports in 2018 were US$224,910,413.00 and exports in 2017 were US$268,800,005.00.  

Since December 2001, more than US$6,061,327,697.00 (through 30 July 2019) in ag/food products have been exported to Cuba.  Link To monthly report: https://www.cubatrade.org/blog/2019/9/6/us-ag-exports-to-cuba-increased-1002-in-july-remain-up-10-year-to-year  

For many years, through the Bush-Cheney Administration, Obama-Biden Administration and thus far through the Trump-Pence Administration, United States exporters have been encouraged by the United States Department of Commerce to submit export license requests with gross estimates, often aspirational, so that they would not need to repeatedly seek licenses.  Most licenses are valid for two years.    

During the Bush-Pence Administration, the process was initiated at the recommendation of United States exporters to lessen often repetitive paperwork and was enthusiastically accepted by the United States Department of Commerce.  

Important to note that the values placed in the license applications often are done without any input from the Cuba-based importer.  As a result, the overall authorized values are often inflated.  This is not the first time an administration has misused the data- and previous administrations have corrected the context by which they have used the data.”

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Cuba Updates Regulations On Import, Sale, Transfer Of Vehicles, Including Electric Vehicles, For MSMEs And Individuals. Two Years And Waiting... No MSME Investment/Financing Delivery Regulations

Sale and import of motor vehicles in Cuba expanded.  Sales will be made through wholesalers and the price will be based on the acquisition cost and with up to 30% of commercial margin. 

OnCuba News
Miami, Florida
24 February 2023

Excerpts: 

At the Mesa Redonda TV program this Wednesday, Minister of Transportation Eduardo Rodríguez Dávila explained the new authorization for wholesalers to sell in freely convertible currency new and second-hand motor vehicles to all Cuban and foreign legal entities: the same for state enterprises, foreign firms, cooperatives, MSMEs or any other form of management.  Decree 83 [which takes effect on 1 March 2023], published in the Gaceta Oficial Extraordinaria 16, announced these new regulations on the transfer of ownership of motor vehicles, trailers and semi-trailers, as well as their import and sale. 

These sales will be made through wholesalers and the price will be based on the acquisition cost and with up to a 30% commercial margin.  As explained by the minister, prices will be updated every six months and will be adjusted as wholesale trade progresses.  Another novelty is that the current power restriction of up to 1,000 watts in imported electric motorcycles is eliminated and individuals are authorized to directly import sidecars and motorcycles with sidecars.  Electric vehicles will benefit from price incentives, both for wholesale and retail.  Revenues from taxes related to vehicle sales will go to a Fund for the Development of Public Transportation. 

Through purchase, sale or donation, Decree 83 authorizes Cuban and foreign individuals residing in the country to transfer between themselves the ownership of motor vehicles, trailers and semi-trailers. It may also occur from individuals to Cuban and foreign legal entities.  Cuban and foreign legal entities with commercial representation in the country may also transfer ownership of motor vehicles between themselves. In the case of state enterprises, they will require the approval “of the highest-ranking authority of the governing body that directs or oversees it.”  The Decree establishes that non-state legal entities can only transfer ownership of vehicles to individuals who previously transferred that property to the legal entity in question. 

Parts 

In relation to the transfer of ownership, among themselves or between them, of motors, bodies, cabins, chassis and frames of motorcycles for replacement, Decree 83 establishes the authorization for individuals and legal entities, Cuban or foreign and residents, provided that these parts are of the same make and model as the one being replaced, unless technical compatibility is established by the corresponding authorities.  Article 28.2 prohibits the transfer of ownership of these parts from legal entities, Cuban or foreign, to individuals. Individuals can acquire these parts and pieces, by replacement, in authorized trading entities. 

Electric vehicles 

Although it does not detail them, Decree 83 establishes the promotion of the import of totally electric vehicles or of other renewable energy sources, as well as their charging infrastructures, through incentives that favor their acquisition and exploitation. And it excludes the authorization for the installation of internal combustion engines from fossil fuels in electric vehicles or of other renewable energy sources. 

This regulation authorizes Cuban individuals and foreign residents to import, without a commercial nature, electric motors and their accessories, for replacement or remotorization in order to convert them to electric.  Article 37 establishes that legal entities that acquire fleets of electric vehicles or of other renewable energy sources have to guarantee the creation of charging infrastructures that use these same sources, maintenance, repairs and final destinations when they are no longer technically viable, in accordance with the specific regulations in force. 

Traders (authorized entities) 

IMPEXPORT, S.U.R.L.; SERLOVEM, S.U.R.L.; MCV COMERCIAL, S.A.; CIMEX Corporation, S.A.; Central Enterprise for the Supply and Sale of Heavy Transportation Equipment and Parts (TRANSIMPORT); Trading Enterprise for Industrial Objectives, Machinery, Equipment and Hardware Items (MAQUIMPORT); Divep Trading and Export Company, (COMERCIAL DIVEP); and General Transportation Provider Company, (TRADEX).

Link To Decree 83/2023 In PDF Format
Link To Complete Post In PDF Format

EV-Related Related Analyses Links 

Home Delivery For Electric Scooters To Cuba: As Biden-Harris Administration Expands U.S. Export Opportunities, A U.S. Company Responds Quickly To Customer Requests. Next Correspondent Banking? Dec 4, 2022

Eleven Months After Denial, Biden-Harris Administration Approves Four-Year License To Export Electric Vehicles To Micro, Small & Medium-Size Enterprises (MSME's) In Cuba  November 21, 2022

First “Made In USA” Electric Scooter Delivered To Female Customer From Holguin, Cuba.  Customer Traveled By Bus 12 Hours To Havana.  E-Scooter Traveled By Air: Miami-Toronto-Havana. Nov 21, 2022

Biden-Harris Administration Re-Engagement With Cuba’s Re-Emerging Private Sector Brings Urgency To Re-Authorization Of Direct Correspondent Banking, U-Turn Transactions. One-Way Does Not Work.  October 06, 2022 

Ten Months After Denial, Biden-Harris Administration Approves Exports Of Electric Motorcycles, Electric Scooters To Cuba Nationals And To Privately-Owned Companies In Cuba October 05, 2022 

BIS "Returned Without Action" License Application To Donate EV Chargers To U.S. Embassy In Havana Because "Ultimate Consignee" Cancelled Transaction March 07, 2022  

U.S. Department Of State Appoints "Chief Sustainability Officer"- Mandate Text Includes Focus On "Electrifying Fleet" And "Host Partners" Does This Mean EVs For Cuba? President Biden Supports?  February 10, 2022   

While Promoting EV Use In The United States, Biden-Harris Administration Refuses To Permit Exports Of EVs To Cuba For Use By Re-Emerging Private Sector- And U.S. Embassy In Havana Does Not Want One.  February 08, 2022   

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    

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 

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

Cuban Coffee In Ukraine… This Afternoon In Kharkiv, The First City Attacked By The Armed Forces Of The Russian Federation On 24 February 2022, СІЛЬПО Supermarket Has 225 Grams For US$5.42.

Today in Kharkiv, Ukraine, the country’s second-largest city, at supermarket СІЛЬПО (pronounced Silpo)- think Austin, Texas-based Whole Foods (a subsidiary of Bellevue, Washington-based Amazon.com Inc.) but a larger footprint and more visually impressive with larger selection of brands and lower prices, can be found Buco brand “Cuban Coffee.”  The price for 225 grams is US$5.42. 

This location of СІЛЬПО is on Pushkinska Street in the Nikolsky Mall.  LINK: https://silpo.ua/stores/vul-pushkinska-2a  Before recently re-opening its front entrance which had been severely damaged by projectiles delivered by the armed forces of the Russian Federation, guests (the manager shared the company prefers the word “guests” rather than the word “customers”) of СІЛЬПО and other retail stores used a rear entrance. 

• On 24 February 2022, the armed forces of the Russian Federation invaded and further invaded the territory of Ukraine in what Vladimir Putin, President of the Russian Federation (2000-2008 and 2012- ), defined as a Special Military Operation [SMO] then on 22 December 2022 he redefined as a war.  The initial invasion by the armed forces of the Russian Federation was in part from the territory of the Republic of Belarus.   

• The war between the Russian Federation and Ukraine did not commence on 24 February 2022.  The roots began their trajectories on 20 February 2014 when the armed forces of the Russian Federation invaded the Crimean Peninsula and the area known as the Donbas Region (Donetsk Oblast and Luhansk Oblast). 

СІЛЬПО is Ukraine’s largest chain of large supermarkets and operated by Kyiv, Ukraine-based Fozzy Group.  СІЛЬПО has 241 locations in sixty cities in Ukraine. 

Prior to 24 February 2022, this СІЛЬПО location had approximately 300 employees.  Today, it has approximately 150 employees.  Revenues are slowly rebounding to pre-24 February 2022 levels.

LINK TO COMPLETE POST IN PDF FORMAT

The White House Continues National Emegency With Respect To Cuba

NOTICE
 
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO CUBA AND OF THE EMERGENCY AUTHORITY RELATING TO THE REGULATION OF THE ANCHORAGE AND MOVEMENT OF VESSELS

On March 1, 1996, by Proclamation 6867, a national emergency was declared to address the disturbance or threatened disturbance of international relations caused by the February 24, 1996, destruction by the Cuban government of two unarmed, United States-registered civilian aircraft in international airspace north of Cuba.  On February 26, 2004, by Proclamation 7757, the national emergency was expanded to deny monetary and material support to the Cuban government.  On February 24, 2016, by Proclamation 9398, and on February 22, 2018, by Proclamation 9699, the national emergency was further modified based on continued disturbances or threatened disturbances of the international relations of the United States related to Cuba.  The Cuban government has not demonstrated that it will refrain from the use of excessive force against United States vessels or aircraft that may engage in memorial activities or peaceful protest north of Cuba.

Further, the unauthorized entry of any United States-registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the United States because such entry could facilitate a mass migration from Cuba.  It continues to be United States policy that a mass migration from Cuba would endanger United States national security by posing a disturbance or threatened disturbance of the international relations of the United States.

Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency with respect to Cuba and the emergency authority relating to the regulation of the anchorage and movement of vessels set out in Proclamation 6867, as amended by Proclamation 7757, Proclamation 9398, and Proclamation 9699.  This notice shall be published in the Federal Register and transmitted to the Congress.

JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
February 17, 2023.

Dear Mr. Speaker:   (Dear Madam President:)
 
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to Cuba that was declared on March 1, 1996, in Proclamation 6867, as amended by Proclamation 7757 on February 26, 2004, Proclamation 9398 on February 24, 2016, and Proclamation 9699 on February 22, 2018, is to continue in effect beyond March 1, 2023.
 
There remains a need to continue this national emergency, based on a disturbance or threatened disturbance of the international relations for the United States related to Cuba.  The unauthorized entry of any United States-registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the United States.
 
The unauthorized entry of vessels subject to the jurisdiction of the United States into Cuban territorial waters is currently a violation of Federal law.  Further, the unauthorized entry of United States-registered vessels into Cuban territorial waters continues to be detrimental to United States foreign policy and counter to the purpose of Executive Order 12807, which is to ensure, among other things, safe, orderly, and legal migration.  The possibility of large-scale unauthorized entries of United States-registered vessels into Cuban territorial waters would disturb the international relations of the United States regarding Cuba by allowing for or providing the means to facilitate a mass migration of Cuban nationals and threatening our national security.
 
Sincerely,
JOSEPH R. BIDEN JR.

U.S. Department Of Commerce Requesting Comments: "Effectiveness of Licensing Procedures for the Export and Reexport of Agricultural Commodities to Cuba"

AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Request for comments.
SUMMARY: The Bureau of Industry and Security (BIS) is requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations (EAR) for the export and reexport of agricultural commodities to Cuba. BIS will include a description of any comments it receives in its biennial report to the Congress, as required by the Trade Sanctions Reform and Export Enhancement Act of 2000, as amended (TSRA).
DATES: Comments must be received by March 20, 2023.
ADDRESSES: Comments on this notice may be submitted via the Federal rulemaking portal: https://www.regulations.gov
—you can find this notice by searching on its regulations.gov docket number, which is BIS-2023-0004.  Comments may also be submitted by mail or delivery to Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th Street and Pennsylvania Avenue NW, Washington, DC 20230. Refer to RIN 0694-XC095.  All comments (including any personally identifying information) will be made available for public inspection and copying.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, Office of Nonproliferation and Treaty Compliance, Telephone: (202) 482-4252. Additional information on BIS procedures and previous biennial reports under TSRA is available at //www.bis.doc.gov/​index.php/​policy-guidance/​country-guidance/​sanctioned-destinations/​13-policy-guidance/​country-guidance/​426-reports-to-congress.  Copies of these materials may also be requested by contacting the Office of Nonproliferation and Treaty Compliance.
SUPPLEMENTARY INFORMATION: Pursuant to section 906(a) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) (22 U.S.C. 7205(a)), the Bureau of Industry and Security (BIS) authorizes exports and reexports of agricultural commodities, as defined in part 772 of the Export Administration Regulations (EAR), to Cuba. Requirements and procedures associated with such authorization are set forth in § 740.18 of the EAR (15 CFR 740.18). These are the only licensing procedures in the EAR currently in effect pursuant to the requirements of section 906(a) of TSRA.  Under the provisions of section 906(c) of TSRA (22 U.S.C. 7205(c)), BIS must submit a biennial report to the Congress on the operation of the licensing system implemented pursuant to section 906(a) for the preceding two-year period. This report must include the number and types of licenses applied for, the number and types of licenses approved, the average amount of time elapsed from the date of filing of a license application until the date of its approval, the extent to which the licensing procedures were effectively implemented, and a description of comments received from interested parties during a 30-day public comment period regarding the effectiveness of the licensing procedures. Consistent with TSRA's requirements, BIS is currently preparing a biennial report on the operation of the licensing system for the two-year period from October 1, 2020 through September 30, 2022.

Request for Comments: By this notice, BIS requests public comments on the effectiveness of the licensing procedures for the export and reexport of agricultural commodities to Cuba set forth under § 740.18 of the EAR. Parties submitting comments are asked to be as specific as possible. All comments received by the close of the comment period will be considered by BIS in developing the report to Congress.  All comments must be in writing and will be available for public inspection and copying. Any information that the commenter does not wish to be made available to the public should not be submitted to BIS.

Matthew S. Borman, Deputy Assistant Secretary for Export Administration.

[FR Doc. 2023-03359 Filed 2-16-23; 8:45 am] BILLING CODE 3510-33-P

LINK TO FEDERAL REGISTER DOCUMENT

LINK TO U.S. AGRICULTURAL COMMODITY AND FOOD PRODUCT EXPORTS TO CUBA STATISTICS

Cuba Was 55th Largest Agricultural Commodity/Food Export Market In 2022. Increased 7.7% From 2021 To 2022; Up 40.2% In December 2021. Surprise: US$288,000.00 In Cigarettes From Tampa, Florida. Feb 9, 2023

Better Informed, Richard Branson Could Provide Essential Value To MSMEs In Cuba, To Diaz-Canel-Valdes Mesa Adminstration In Havana, And To Biden-Harris Administration In Washington

Entrepreneurship is Cuba’s best way forward
14 February 2023
By Richard Branson
Founder of Virgin Group

Excerpt: "The US must also rise to the occasion by allowing American investment in these start-ups and allowing Cuban entrepreneurs to access tools such as cloud-based services and APIs. It is tough enough to be an entrepreneur as it is. Now imagine the struggle of these Cuban entrepreneurs who must run their businesses without access to capital, no means of digital payment, and little infrastructure support or mentorship. The international business community must do its part and help cultivate Cuba’s startup ecosystem." LINK: https://www.virgin.com/branson-family/richard-branson-blog/entrepreneurship-is-cubas-best-way-forward 

Mr. Branson is unaware that on 10 May 2022 the Biden-Harris Administration (2021- ) authorized the first direct investment in and direct financing to a privately-owned company in the Republic of Cuba owned by a Republic of Cuba national.  Links to posts:  

• Biden-Harris Administration Approves First Equity Investment Since 1960 In A Private Cuban Company May 10, 2022 

• With U.S. Government Authorization For First Direct Equity Investment Into A Private Company In Cuba, Here Is Important Context And Details.  About The Parties; About The Message. May 16, 2022    

Unfortunately, the government of the Republic of Cuba has yet to specifically authorize and publish regulations for the delivery of direct investment in and direct financing to a privately-owned company in the Republic of Cuba owned by a Republic of Cuba national.   

Mr. Branson is correct that the absence of efficient banking for micro, small, and medium-size enterprises (MSMEs) constrains their operational efficiencies and their potential.  The Biden-Harris Administration continues to refuse to re-authorize direct correspondent banking.  Incredulously, the Obama-Biden Administration (2009-2017) had authorized United States-based financial institutions to have correspondent accounts at financial institutions located in the Republic of Cuba, but did not authorize Republic of Cuba-based financial institutions to have correspondent accounts with financial institutions located in the United States.  Absent direct correspondent banking and re-establishment of U-turn transactions for financial institutions located in the United States and in the Republic of Cuba, transactions relating to the export from the United States of authorized agricultural commodities, food products, healthcare products, and for authorized services- including the delivery of MSME investment and financing, continue to require use of a financial institution located in a third country which adds time, cost, and lacks transparency.  Links to posts:   

• Another Bank Outside U.S. Reported To Cease Providing Wire Transfers To Cuba. No Reason Provided. Shows Urgent Need For Permitting Correspondent Accounts For Cuba Banks With U.S. Banks. December 04, 2022

• Home Delivery For Electric Scooters To Cuba: As Biden-Harris Administration Expands U.S. Export Opportunities, A U.S. Company Responds Quickly To Customer Requests. Next Correspondent Banking? December 04, 2022

• Airbnb Successfully Lobbied Trump Administration. Airbnb Should Now Focus On Biden Administration To Advocate For Direct Correspondent Banking So Hosts In Cuba May Access Funds Directly, Efficiently. April 06, 2022 

Helpful indeed if Mr. Branson would advocate to the government of the Republic of Cuba about the lack of MSME investment/financing regulations which, if issued, would address one of the items on Mr. Branson’s to-do list for the Biden-Harris Administration and provide an incentive for the Biden-Harris Administration to re-authorize direct correspondent banking and U-turn transactions.

Spain: New Court Filings From Central Santa Lucia L.C. "Unjust Enrichment" Lawsuit Against Spain's Melia Hotels International

The Latest Pleadings In The “Unjust Enrichment” Lawsuit Filed In Spain by Central Santa Lucia L.C. Against Palma de Mallorca, Spain-based Melia Hotels International S.A.   

Spain trial court’s second dismissal of the lawsuit based upon the government of the Republic of Cuba and Republic of Cuba government-operated Gaviota S.A. as “necessary parties” opted not to appear.   

Link To Document A (27 January 2023)
Link To Document B (27 January 2023)

Plaintiff Appeal to the Audiencia Provincial (which previously ruled in favor of the Plaintiff) of the trial court’s second dismissal of the lawsuit. 

Link To Document (6 February 2023) 

Background   

On 12 March 2002, Palma de Mallorca, Spain-based Meliá Hotels International (2019 revenues approximately US$2.1 billion) reportedly offered US$5 million to the descendants of Mr. Rafael Lucas Sanchez Hill as payment to prevent the United States Department of State from using Title IV relating to the Sol Rio de Oro Hotel in response to enactment in 1996 of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as "Libertad Act").  

Title IV of the Libertad Act restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims.  Employees of one Canada-based company is currently known to be subject to this provision based upon a certified claim.    

On 26 March 2002, Sol Melia International, reportedly believing the [George W. Bush Administration; 20 January 2001 to 20 January 2009] United States Department of State would neither implement Title III nor Title IV of the Libertad Act, Melia Hotels International withdrew the offer of US$5 million and proposed US$3,197.75 representing a value (.06%) based upon the twenty-nine (29) acres of land occupied by the Sol Rio de Oro Hotel of the approximately 120,000 acres of land claimed by the descendants of the owners of the property. The US$3,197.75 was determined by Melia Hotels International as the corresponding percentage of the US$5 million tax loss carry-forward amount with the Internal Revenue Service (IRS) in the 1960's.    

On 29 May 2019, descendants of Mr. Rafael Lucas Sanchez Hill, acting as Central Santa Lucia L.C., filed a lawsuit in Spain seeking US$10 million from Meliá Hotels International seeking damages for the use of land upon which a hotel is located in the Republic of Cuba. The lawsuit is not using provisions of Title III of the Libertad Act.   

Title III of the Libertad Act 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. 

Related Sanchez Hill Lawsuit Analyses By The USCTEC 

Latest 16 Pleadings In “Unjust Enrichment” Lawsuit Filed In Spain Against Melia Hotels Including If Government Of Cuba And Gaviota Are “Indispensable Parties” And/Or Subject To Spain Jurisdiction. November 27, 2022

In Lawsuit Filed In Spain Against Melia Hotels, Plaintiff Argues That Government Of Cuba Is Not Required To Be A Defendant; Melia Hotels Says Otherwise February 10, 2021

Lawsuit Against Spain's Melia Hotels International Takes Another Turn... Government Of Spain Never Served Cuba. Repeat. Start Again. July 06, 2021

Judge Rules Against Plaintiffs In Non-Libertad Act Title III Lawsuit Against Spain's Melia Hotels; Lawsuit Will Continue May 04, 2021

Court In Spain Requires Government Of Cuba And Gaviota Tourism Company Be Included In "Unjust Enrichment" Lawsuit Against Melia Hotels International January 16, 2021

Court In Spain Rules Against Melia Hotels Effort To Obtain Ruling By Court Of Justice Of the European Union July 09, 2020

Spanish Appellate Court Rules Sánchez Hill (non-Libertad Act) Lawsuit Against Meliá Hotels International Has Jurisdiction to Proceed; Discovery Begins April 28, 2020

Spain's Melia Hotels International CEO Confirms He Is Restricted From Entering United States Due To Libertad Act Title IV Letter; Says 50 Other Companies Impacted February 05, 2020

Melia Hotels International Presents In Spain Its Response To Appeal By Plaintiffs Of Case Dismissal; Company Reportedly Receives Title IV Letter November 23, 2019

Plaintiffs Appeal Dismissal Of Lawsuit In Spain Against Melia Hotels; Plaintiffs Sue In U.S.; Why Did Melia Hotels Offer US$5 Million Then US$3,197.75? October 05, 2019

Court In Spain Dismisses Lawsuit Against Melia Hotels International Relating To Operations In Cuba; Plaintiffs Now Expected To Sue In U.S. Using Libertad Act September 04, 2019

Recent Court Filings In Spain (Not United States) Lawsuit Against Melia Hotels International July 23, 2019

Melia Hotels International Sued In Spain By United States Descendants Of Property Owner June 17, 2019

Why No Advance Or Post Visit Mention On State Of Delaware Internet Sites For Visit To Cuba By Secretaries Of Agriculture And State? Under-The-Radar Visits Are Not Helpful.

Although there was a media event in the city of Havana, Republic of Cuba, during the end of January 2023 visit by Jeffrey Bullock, Secretary of State of the State of Delaware, and Michael Scuse, Secretary of Agriculture of the State of Delaware, the Internet sites and social media sites connected with their respective offices did not share information in advance of the visit or subsequent to the visit. No media release. No posts to Twitter or Facebook.

Unhelpful when officials of states visit the Republic of Cuba and do not publicize in advance their visit- the purpose, the costs, sources of funding, meeting agenda.

17 February 2023- From the Delaware Department of Agriculture: “We did not have a Comms [Communications] staff member on the trip, hence the reason why there was no social media during the visit to Cuba. Secondly, it is not our practice to share media out related to trips the Secretary is on or has come back from. If a media outlet requests an interview following a trip, we will set that up.” 

The Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000 re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. Since the first deliveries in December 2001, more than US$6.9 billion in agricultural commodities and food products have been exported from the United States to the Republic of Cuba.

27 January 2023: “The Secretaries of State and Agriculture of the state of Delaware (USA), Jeffrey Bullock (d) and Michael Scuse, during a press conference in Havana. Photo: Ernesto Mastrascusa / EFE”

Cuba Was 55th Largest Agricultural Commodity/Food Export Market In 2022. Increased 7.7% From 2021 To 2022; Up 40.2% In December 2021. Surprise: US$288,000.00 In Cigarettes From Tampa, Florida.

ECONOMIC EYE ON CUBA©
February 2023

December 2022 Ag/Food Exports To Cuba Increase 40.2% - 1
50th Of 227 December 2022 U.S. Food/Ag Export Markets- 2
2021 To 2022 Year-To-Year Exports Increase 7.7%- 2
Cuba Ranked 55th Of U.S. 2022 Ag/Food Export Markets- 2
December 2022 Healthcare Product Exports US$1,502,216.00- 2
December 2022 Humanitarian Donations US$2,112,309.00- 3
Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 16

DECEMBER 2022 FOOD/AG EXPORTS TO CUBA INCREASE 40.2%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in December 2022 were US$39,393,828.00 compared to US$28,091,304.00 in December 2021 and US$14,145,158.00 in December 2020.

2022 exports of agricultural commodities and food products were US$328,536,988.00 compared to 2021 exports of US$304,774,413.00, representing an increase of 7.7%.

December 2022 Exports Included among other items: Cigarettes (US$288,000.00); Turkeys; Soybeans; Woodpulp; Corn Flour; Caramel Corn Chips; Peas; Yeasts; Syrup; Quarters (Frozen); Chicken Meat (Frozen); Chicken Legs (Frozen); Meat of Bovines; Meat of Swine; Woodpulp; Preserved Chicken Meat; Beans; Coffee; Beer; Non-Alcoholic Beverages; Deodorants; Soap; Shampoo; Dentifrices; Disinfectants; Dermatological Agents; Beauty & Skin Care Preparations; and Detergents.

Healthcare Product exports in calendar year 2022 were US$9,226,763.00 representing the highest value since 2003 when the data was first evaluated. The next nearest value was US$6,121,425.00 in 2006. Healthcare products were first authorized for direct export to the Republic of Cuba in 1992 by the Cuban Democracy Act (CDA).

Humanitarian Donations in calendar year 2022 were US$30,083,306.00 compared to US$11,074,090.00 in calendar year 2021.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

LINK TO CHARTS IN PDF FORMAT

This report contains information on exports from the United States to the Republic of Cuba- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce.

The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. The TSREEA does not include healthcare products, which remain authorized and regulated by the CDA.

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

COMPLETE REPORT IN PDF FORMAT AVAILABLE SOON (awaiting port data)

Florida-Based Company To Operate Two Weekly Cargo Flights To Cuba. FedEx Tried And Ultimately Failed To Commence Operations. UPS Never Entered Marketplace.

Global Crossing Airlines to Operate over 100 Cargo Flights per year to Cuba 

MIAMI, Feb. 08, 2023 (GLOBE NEWSWIRE) -- Global Crossing Airlines Group, Inc. ( JET: NEO; JET.B: NEO; JETMF: OTCQB ) (the “ Company ” or “ GlobalX ”) is pleased to announce it will operate all cargo flights with its A321 Freighter to Havana, Cuba on behalf of OFAC approved operator CubaMax.  

“We are delighted to be working with CubaMax to provide two weekly cargo flights from Miami to Havana, starting February 21st ,” said Ed Wegel, Chairman and CEO. “We are the first airline in the Americas to operate the A321F and we believe this aircraft is well suited to provide this much needed life line service to Havana,” he continued.  

Currently GlobalX has one A321F aircraft and is expecting the second A321F to arrive by mid-March, with the third A321F to be delivered in May. GlobalX currently is scheduled to take delivery of additional three (3) A321F aircraft in 2023 for a total of six (6), and two (2) in 2024. Additionally, GlobalX is working to finalize leases on lessor commitments for another five (5) A321F aircraft to be delivered in the 2024-2025 time frame and is working on LOIs for two (2) additional A321F aircraft.  

About the A321 P2F

The A321 P2F features a capacity of fourteen (14) upper deck and ten (10) lower deck containers, which is fifty-five percent (55%) more containerized volume than the Boeing 737-800 freighter and fourteen percent (14%) more containerized volume than the Boeing 757-200 freighter. Additionally, it boasts an estimated nineteen percent (19%) lower fuel burn than the Boeing 757-200 freighter. The capacity and fuel economy of the aircraft is poised to position the A321 freighter as the dominant player in the narrowbody cargo market.  

About CubaMax  

CubaMax is a well known company with fourteen (14) offices servicing the state of Florida and leader in the cargo and travel industry between US and Cuba since being founded in 2001.  

About Global Crossing Airlines  

GlobalX is a US 121 domestic flag and supplemental Airline flying the Airbus A320 family aircraft. GlobalX flies as a passenger ACMI and charter airline serving the US, Caribbean, European and Latin American markets. In 2023, GlobalX will enter ACMI cargo service flying the A321 freighter. For more information, please visit www.globalxair.com .

Global Crossing Airlines Receives FAA Approval to Commence Cargo Operations --will be first A321 Freighter operator in the Americas --will take delivery of six A321 Freighters this year and up to nine in 2024/2025  

MIAMI, Feb. 06, 2023 (GLOBE NEWSWIRE) -- Global Crossing Airlines Group, Inc. ( JET: NEO; JET.B: NEO; JETMF: OTCQB ) (the “ Company ” or “ GlobalX ”) is pleased to announce that is has received approval from the US FAA for cargo operations and will commence revenue cargo flights with the A321 Passenger to Freighter (P2F) aircraft (“A321F”) this week (pending final FAA approved documentation).  

“This is a tremendously significant milestone for GlobalX on our path to being one of the leading narrow body charter operators for both passengers and freight in North America. Our expansion into cargo has always been a key aspect of our growth strategy to diversify our revenue streams and maximize the use of all of our assets,” said Ed Wegel, Chair and CEO. “We are also particularly honored to be the first airline in the Americas to operate the A321F and we believe this aircraft is a game changer in the narrowbody freighter market and we thank ST Engineering for their total support during the conversion and delivery of this aircraft,” he continued.  

Currently GlobalX has one A321F aircraft and is expecting the second A321F to arrive by mid-March, with the third A321F to be delivered in May. GlobalX currently is scheduled to take delivery of an additional three (3) A321F aircraft in 2023 for a total of six (6), and two (2) in 2024. Additionally, GlobalX is working to finalize leases on lessor commitments for another five (5) A321F aircraft to be delivered in the 2024-2025 time frame and is working on letters of intent for two (2) additional A321F aircraft.  

About the A321 P2F  

The A321 P2F features a capacity of 14 upper deck and 10 lower deck containers, which is fifty-five percent (55%) more containerized volume than the Boeing 737-800 freighter and fourteen percent (14%) more containerized volume than the Boeing 757-200 freighter. Additionally, it boasts an estimated nineteen percent (19%) lower fuel burn than the Boeing 757-200 freighter. The capacity and fuel economy of the aircraft is poised to position the A321 freighter as the dominant player in the narrowbody cargo market.  

About Global Crossing Airlines  

GlobalX is a US 121 domestic flag and supplemental Airline flying the Airbus A320 family aircraft. GlobalX flies as a passenger ACMI and charter airline serving the US, Caribbean, European and Latin American markets. In 2023, GlobalX will enter ACMI cargo service flying the A321 freighter, subject to DOT and FAA approvals. For more information, please visit www.globalxair.com .  

Global Crossing Airlines Group Inc. (JET: NEO; JET.B: NEO; JETMF: OTCQB), also known as GlobalX, has received approval from the U.S. Federal Aviation Administration (FAA) to commence revenue cargo flights with its A321 passenger to freighter (P2F) aircraft, pending final FAA-approved documentation.

Links To Related Analyses 

FedEx Abandons 3-Year Negotiations For Direct Service To Cuba January 03, 2019 

Failure Of Agreement Between FedEx & Cuba Is A Problematic And Oft-Repeated Symbol December 15, 2018 

FedEx Seeks Another Delay From USDOT To Initiate Services To Cuba June 16, 2018 

FedEx Seeking Authorization For Monday-Friday MIA-HAV All-Cargo Service May 10, 2017 

FedEx Requests Extension From April To October To Begin Cuba Operations; USPS Began Operations In 2016 March 06, 2017 

Air Canada & UPS Deliver 1st Cancer Vaccine For Use In FDA-Approved Clinical Trial; RPCI Seeks US Carrier November 22, 2016 

Who Will Provide Cargo Services For Roswell Park? UAL, DEL, AA, FDX Or JBU November 14, 2016 

DOT Approves FedEx For First Scheduled All-Cargo Service to Cuba July 19, 2016 

FedEx Seeks Cargo Flights To Cuba; UPS Not Yet March 06, 2016

Defining Anemic: In Five Years, 2018 Farm Bill USDA Provision For Cuba Had No Use Of FMD And Two Uses Of MAP. Approximately 90 U.S.-Based Entities Could Have Participated. That’s A 2.2% Use Rate.

Defining Anemic: In Five Years, 2018 Farm Bill USDA Provision For Cuba Had No Use Of FMD And Two Uses Of MAP.  Approximately 90 United States-Based Entities Could Have Participated.  That’s A 2.2% Use Rate.

In 2018, legislative advocates maintained that inserting a Market Access Program (MAP) and Foreign Market Development (FMD) provision in H.R. 2, the five-year Agriculture Improvement Act, known as the Farm Bill signed into law on 20 December 2018 by Donald Trump, 45th President of the United States was critical to “laying the groundwork” for increasing exports of agricultural commodities and food products to the Republic of Cuba.  Statements from members of the United States Congress included: “… an important first step to regaining our presence in Cuba.”    

• Approximately seventy United States-based entities (primarily trade promotion organizations) annually are identified by the United States Department of Agriculture (USDA) as receiving funding for MAP and approximately twenty entities are identified as receiving funding for FMD.   

Leading to the enactment of the 2018 Farm Bill, most observers reasonably concluded that legislative advocates- within the United States Congress and organizations in Washington DC and outside of the beltway would have prominently teed-up at least one high-profile applicant to publicize in advance they would use the provision if it became law or at least one high-profile applicant to immediately and publicly request funding when the 2018 Farm Bill became law on 21 December 2018.    

The most significant impact of an anemic number of MAP/FMD requests and usage in 2018, 2019, 2020, 2021, 2022, and 2023 is what the lack of interest portends for other legislative efforts in the United States Congress relating to the Republic of Cuba, particularly those focused upon changes to cash-in-advance payment terms for agricultural commodity and food product exports from the United States to the Republic of Cuba required by the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA).  The question opponents will ask: “If authorizing MAP/FMD for Cuba was so important, why have so few organizations used it?”   

The cash-in-advance terms were supported by United States-based exporters while opposed by United States-based agricultural commodity and food product trade promotion organizations.  United States-based exporters were concerned in 2000 and remain concerned in 2023 that with Republic of Cuba government-operated entities maintaining a chronic inability to abide by payment terms other than cash-in-advance, more prudent to retain a perhaps smaller market share with no payment issues rather than a larger market share with endemic, and necessarily publicly-disclosed payment issues.    

Source: USDA- February 2023

The USDA reports that since enactment of the 2018 Farm Bill, no entities have used FMD funding in the Republic of Cuba and two entities have used MAP funding in the Republic of Cuba.  The USDA reported no applications were rejected.   

According to the USDA in early 2021, “Although the table indicated nine expressions of interest over two years, these represent fewer than nine organizations as some of the organizations applied in multiple years.  The earlier table only included those entities that expressed interest in Cuba directly, not anyone that sought to add Cuba to a regional program.”   

That some entities applied more than once, but did not ultimately use MAP in the Republic of Cuba is more consequential because it begs the question- why did the entities apply, but not choose to use MAP and/or FMD in the Republic of Cuba?   

Only one entity has been public about using MAP funding (US$60,000.00) in the Republic of Cuba.  Denver, Colorado-based Potatoes USA which in November 2020 delivered to the Republic of Cuba 33,118 pounds of potato seeds valued at US$44,760.00.  Sample costs are ineligible for MAP or FMD funding.  From the USDA, “… any unspent funds would normally remain in participants’ agreements, available for the agency to approve for plans a participant submits in a future year.”   

From the USDA in early 2021, “Most MAP programs operate on a January to December year, however, some run on a July to June year.  The regulations allow groups to continue already approved activities up to thirty days after the end of the program year.  Thus, the latest a participant could continue an activity funded by MAP 21 would be July 30, 2022, if their MAP 21 program began June 1, 2021.  A participant would have until the end of January 2022, if their MAP program began January 1, 2021.  The MAP regulations allow a participant to file claims up to six months after the end of the program year.”    

From the USDA: “In 2021, FAS is transitioning FMD program funding from a fiscal year basis to a calendar year basis to better meet the administrative needs of recipient organizations.”  

• Under the Market Access Program, USDA provides competitive, cost-share assistance to U.S. exporters and agricultural, fish, and forest product trade organizations for international marketing and promotion of U.S. commodities and products. More information about the program and the funding opportunity is available at: https://www.fas.usda.gov/programs/market-access-program-map.  

• Under the Foreign Market Development Program, USDA partners with nonprofit agricultural and forest product trade associations to build longer-term international demand for U.S. commodities. More information about the program and the funding opportunity is available at: https://www.fas.usda.gov/programs/foreign-market-development-program-fmd.”  

What Is FMD & MAP?  

The USDA does not provide any payments to selected applicants in advance of the applicant making disbursements. The USDA provides payment upon receipt of an invoice from the applicant. The invoices are audited by the USDA and a claw back of payments is permitted.  

Any Republic of Cuba-related invoice remains likely to receive additional scrutiny due to an amendment to the 2018 Farm Bill submitted and approved by Marco Rubio (R- Florida), a member of the United States Senate.  That amendment required that any entity using MAP/FMD funds in the Republic of Cuba do not use funds for services which managed by Republic of Cuba government-operated companies connected to the Revolutionary Armed Forces (FAR) of the Republic of Cuba.   

MAP: “Through the Market Access Program (MAP), Foreign Agricultural Service (FAS) partners with U.S. agricultural trade associations, cooperatives, state regional trade groups and small businesses to share the costs of overseas marketing and promotional activities that help build commercial export markets for U.S. agricultural products and commodities.”   

• “MAP reaches virtually every corner of the globe, helping to build markets for a wide variety U.S. farm and food products. FAS provides cost-share assistance to eligible U.S. organizations for activities such as consumer advertising, public relations, point-of-sale demonstrations, participation in trade fairs and exhibits, market research and technical assistance. When MAP funds are used for generic marketing and promotion, participants must contribute a minimum 10-percent match. For promotion of branded products, a dollar-for-dollar match is required. Each year, FAS announces the MAP application period and criteria in the Federal Register. Applicants apply for MAP through the Unified Export Strategy (UES) process, which allows eligible organizations to request funding from multiple USDA market development programs through a single, strategically coordinated proposal. FAS reviews the proposals and awards funds to applicants that demonstrate the potential for effective performance based on a clear, long-term strategic plan.”   

FMD: “The Foreign Market Development (FMD) Program, also known as the Cooperator Program, helps create, expand and maintain long-term export markets for U.S. agricultural products. Under the program, FAS partners with U.S. agricultural producers and processors, who are represented by non-profit commodity or trade associations called “cooperators,” to promote U.S. commodities overseas. 

• The FMD program focuses on generic promotion of U.S. commodities, rather than consumer-oriented promotion of branded products. Preference is given to organizations that represent an entire industry or are nationwide in membership and scope.   

• FMD-funded projects generally address long-term opportunities to reduce foreign import constraints or expand export growth opportunities. For example, this might include efforts to: reduce infrastructural or historical market impediments, improve processing capabilities, modify codes and standards, or identify new markets or new uses for the agricultural commodity or product.   

Each year, FAS announces the FMD application period and criteria in the Federal Register. Organizations apply for the FMD program through the Unified Export Strategy (UES) process, which allows applicants to request funding from multiple USDA market development programs through a single, strategically coordinated proposal. FAS reviews the proposals and awards funds to applicants that demonstrate the potential for effective performance based on a clear, long-term strategic plan.”  

Value Of MAP/FMD   

For the United States business community, the MAP/FMD amendment to the Farm Bill was significant, but more likely to provide greater financial value to the government of the Republic of Cuba than to United States food product and agricultural commodity exporters using provisions of the TSREEA.   

The likelihood of a value to United States taxpayers, as members of the United States Senate have posited, of US$28.00 returned for every US$1.00 in expenditures of MAP/FMD throughout the world, and now including the Republic of Cuba, will be challenging to measure- but it remains important to measure and the USDA should focus upon the cost-benefit analysis.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Links To Related Analyses 

Ag Delegations Traveling To Cuba Must Know What Is Possible, Advocate To Government Of Cuba To Permit All That Is Permissible- Direct Export Of Coffee, Cacao, Honey. Complaining Not Constructive. April 14, 2022 

USDA Updates Usage In Cuba Of MAP And FMD Funding Authorized By 2018 Farm Bill. In Four Funding Periods In Four Years, Two Uses Of MAP; No Uses Of FMD. Anemic Response By Export Advocates. November 11, 2021 

USDA Accepting MAP/FMD Applications For Funding Use In Cuba; Since 2018, Only 8 Applications And 1 Use May 05, 2021  

USDA Received Zero MAP/FMD Program Applications For Cuba in 2019 Or 2020; Will Any Group Request For FY2021? May 21, 2020