Carnival Corporation Secures US$124.6 Million Surety Bond As It Pursues Appeal Of December 2022 Libertad Act Lawsuit Verdict Against It And Three Other Cruise Companies.

"WHEREAS, Final Judgment was entered on December 30, 2022, in favor of Havana Docks. and against Carnival. in the amount of $113,359,712.37. One hundred ten percent (110%) of that amount is $124,695,683.61, and WHEREAS, Carnival intends to appeal the Final Judgment to the United States Court of Appeals for the Eleventh Circuit and, if necessary, to the United States Supreme Court."

HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [Consolidated to 1:19-cv-23591; 1:19-cv-21724; Southern Florida District]; Judgement Entered 12/30/22.
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [Consolidated to 1:19-cv-23591; 1:19-cv-23588; Southern Florida District]; Judgement Entered 12/30/22.
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)
 
HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [Consolidated to 1:19-cv-23591; 1:19-cv-23591; Southern Florida District]; Judgement Entered 12/30/22.
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)
 
HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [Consolidated to 1:19-cv-23591; 1:19-cv-23590; Southern Florida District]; Judgement Entered 12/30/22.
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

04/14/2023 NOTICE of Filing Original Supersedeas Bonds by MSC Cruises (SA), MSC Cruises S.A.. (Attachments: # 1 Supersedeas Bond) (jas) (Entered: 04/17/2023)

04/13/2023 NOTICE of Filing Bond by Carnival Corporation (Attachments: # 1 Supplement) (pes) (Entered: 04/13/2023)

02/08/2023 TRANSCRIPT INFORMATION FORM by Havana Docks Corporation re 546 Notice of Cross Appeal,, 545 Notice of Appeal,,. No Transcript Requested. (Martinez, Roberto) (Entered: 02/08/2023)

02/08/2023 TRANSCRIPT INFORMATION FORM by Havana Docks Corporation re 546 Notice of Cross Appeal,, 545 Notice of Appeal,,. No Transcript Requested. (Martinez, Roberto) (Entered: 02/08/2023)

02/08/2023 TRANSCRIPT INFORMATION FORM by Carnival Corporation re 545 Notice of Appeal,,. No Transcript Requested. (Singer, Stuart) (Entered: 02/08/2023)

02/02/2023 Acknowledgment of Receipt of NOA from USCA re 546 Notice of Cross Appeal, filed by Havana Docks Corporation. Date received by USCA: 1/30/2023. USCA Case Number: 23-10171-D. (apz) (Entered: 02/06/2023)

01/30/2023 Transmission of Notice of Appeal, Judgment under appeal, and Docket Sheet to US Court of Appeals re 546 Notice of Cross Appeal, Notice has been electronically mailed. (apz) (Entered: 01/30/2023)

01/27/2023 546 Notice of Cross Appeal as to 544 Judgment by Havana Docks Corporation. Filing fee $ 505.00 receipt number AFLSDC-16276251. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (Martinez, Roberto) (Entered: 01/27/2023)

01/26/2023 Transmission of Notice of Appeal, Judgment under appeal, and Docket Sheet to US Court of Appeals re 545 Notice of Appeal, Notice has been electronically mailed. (apz) (Entered: 01/26/2023)

01/25/2023 545 Notice of Appeal as to 544 Judgment by Carnival Corporation. Filing fee $ 505.00 receipt number AFLSDC-16268153. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (Singer, Stuart) (Entered: 01/25/2023)

LINK: Defendant Carnival Corporation’s Notice Of Filing Original Supersedeas Bond (4/13/23)
LINK: Plaintiff Havana Docks Corporation’s Notice Of Cross-Appeal (1/27/23)
LINK: Libertad Act Lawsuit Filing Statistics 

LINK: After 43 Months, Florida District Court Judge Hands First Cuba Libertad Act Verdict- Four Cruise Lines Must Pay US$439,217,424.51 Plus US$11,707,484.31 In Legal Fees. Appeals Probable. December 30, 2022

Who Or What Is Delaying Western Union From Authorizing Commercial Transfers From U.S.-Cuba And From Cuba-U.S.? Biden? Diaz-Canel? MSME's Waiting With U.S.-Based Companies And Entrepreneurs

The Biden-Harris Administration Maintains Its Policies Support The Private Sector In The Republic Of Cuba. 

• Why Then Is Western Union Not Permitting Commercial Transactions From The United States To The Republic Of Cuba?

• Why Then Is Western Union Not Permitting Commercial Transfers From The Republic Of Cuba To The United States?

If Biden-Harris Administration Is The Problem- Why And What Is Required To Change Its Position?

If Diaz-Canel-Valdes Mesa Administration Is The Problem- Why And What Is Required To Change Its Position?

Effective Engagement With Republic Of Cuba MSME’s Must Have Monies Moving In Both Directions.

The Commercial Transfer Maximum Limit Should Be US$25,000.00 Per Transaction.  No Commercial Minimum Transfer As That Would Discourage MSME Usage.

An Opportunity To Move Past Benign Neglect And Bilaterally Stupid.

In 2023, after nearing three years, Denver, Colorado-based Western Union Company (2022 revenue US$4.5 billion) recommenced electronic transfers from the United States to the Republic of Cuba through an agreement with Republic of Cuba government-operated Orbit S.A. which in February 2022 received authorization from the Central Bank of the Republic of Cuba as a “non-banking financial institution to process money transfers.”  Electronic transfers may be sent from more than 4,400 locations in the United States “receivers with bank and debit card accounts” at these three Republic of Cuba government-operated financial institutions:

Banco Popular de Ahorro
Banco Metropolitano S.A.
Banco de Credito y Comercio (Bandec)

Western Union Company and Orbit S.A. have not yet authorized electronic transfers for commercial transactions by Micro, Small, and Medium-size Enterprises (MSMEs) and to authorize U.S. Dollar electronic transfers from accounts in the Republic of Cuba to recipients in the United States.

• 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. Mar 3, 2023  

In April 2023, Republic of Cuba government-operated financial institutions again accepted U.S. Dollar currency deposits.  “It is very useful for us as a company and more than now we need a lot of capital injection to face the crisis with the purchase of professional machinery.  This gives us the possibility of having currency input that currently could not be exchanged into currencies other than USD.”  Owner of an officially-registered MSME located in the Republic of Cuba and owned by a Republic of Cuba national.  

• Cuba Banks Again Accepting U.S. Dollar Deposits. That's Good. Better Would Be Providing Regulations For U.S.-Sourced Direct Investment And Direct Financing To MSMEs. First OFAC License Waiting... Apr 11, 2023  

Wholesale marketplaces are re-opening in the Republic of Cuba, some constructed and operated by companies located in Argentina, Italy, Spain, and potentially Russian Federation, where owners, managers, and employees of MSMEs may purchase inputs.  The existence of a wholesale marketplace for MSMEs is a required component for a private sector- the distance between the price of a product purchased by an MSME and the price of the product and service produced and sold by the MSME is the profit- which hopefully the government of the Republic of Cuba will not seek to tax and fee to minimize as such would harm the ability of MSMEs to expand- both revenue and employees. 

On 10 May 2022 the Biden-Harris Administration (2021- ) through a two-year license issued by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury 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.  The OFAC license application was submitted on 10 June 2021.  

• 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      

• Biden Administration Will Use Cuba's Authorization Of SMSE's As Means To Expand Support For Cuba Private Sector- U.S. Investments And Loans May Be Next June 02, 2021 

On 17 November 2022, the Biden-Harris Administration approved a license application submitted on 22 October 2022 by Columbia, Maryland-based Premier Automotive Export, Ltd. (PAE) to the Bureau of Industry and Security (BIS) of the United States Department of Commerce to export electric vehicles and chargers to republic of cuba nationals with the “ULTIMATE CONSIGNEE: Privately owned companies in the Republic of Cuba owned by Cuba Nationals.”  The BIS license is valid until 30 November 2026.  

• 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

• On 28 September 2022, the BIS issued a license to PAE for the export of electric scooters and electric bicycles to Republic of Cuba nationals and to MSMEs.    

• On 15 December 2021, the BIS denied a license application submitted on 30 September 2021 by PAE to export electric vehicles and chargers to republic of cuba nationals.  From the license application: “Specific End Use- Ordinary Cuban Nationals would be the specific End User and purchasing electric vehicle for their own personal transportation.”     

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 

• Potential customers of PAE have inquired about installment payments for the purchase of EVs.  As monthly payments would be minimal in value, the cost for sending the funds through a third country financial institution would be larger than the installment amount.  Flexibility to provide installment payments will further enhance the cashflow of an MSME and further connect the MSME with the United States-based company.  

Representatives of Western Union Company, Orbit S.A., OFAC, Ministry of Foreign Affairs of the Republic of Cuba (MINREX), and United States Department of State need to soonest engage or if necessary, re-engage to forge an operational blueprint to that MSME transactions may use electronic currency transfers from the United States to the Republic of Cuba and from the Republic of Cuba to the United States. 

The joke is the status quo continues to enhance profitability of financial institutions located in third countries… 

Astonishing that inserting a third party into a two-party process continues to be a rational policy jointly promoted by officials- career and political in Havana and Washington DC.  However, they can applaud the existence of bilateral thinking on something- even if it only serves to reinforce stupid... or a twenty-first century version of benign neglect.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

US$2.79 Billion Cuba Lawsuit: Plaintiffs In Colorado Seeking Default Judgement Against Government Of Cuba. What Could That Mean For Libertad Act Lawsuits? Other Lawsuits?

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. 

HLHL, P.A.
Foley & Mansfield, PLLP
King & Spaulding LLP

NOTICE of Voluntary Dismissal of Case Without Prejudice by Plaintiff Alfredo Villoldo (Eutermoser, Brian) (Entered: 04/18/2023)

Supplemental MOTION for Default Judgment as to by Plaintiffs Alfredo Villoldo, Gustavo E. Villoldo, Gustavo (I) E. Villoldo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Proposed Order (PDF Only)) (Eutermoser, Brian) (Entered: 04/18/2023) 

LINK: Plaintiff Alfredo Villoldo’s Notice Of Voluntary Dismissal Without Prejudice (4/18/23)- 3 Pages
LINK: Plaintiffs’ Supplemental Motion For Default Judgment (4/18/23)- 12 Pages
LINK: Plaintiffs’ Supplemental Motion For Default Judgment (4/18/23)- Exhibits

PLAINTIFF ALFREDO VILLOLDO’S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Alfredo Villoldo, by and through undersigned counsel, hereby gives notice that his claims in this action are voluntarily dismissed. Defendant Republic of Cuba has not served an answer or a motion for summary judgment in this action. Accordingly, Plaintiff Alfredo Villoldo notices voluntary dismissal without prejudice. See Fed. R. Civ. P. 41(a)(1)(B). 

PLAINTIFFS’ SUPPLEMENTAL MOTION FOR DEFAULT JUDGMENT: Pursuant to the Court’s Order on Motion for Default Judgment, dated March 7, 2023 (ECF 41) (the “Order”), Plaintiffs Alfredo Villoldo, individually, and Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos (collectively, “Plaintiffs”), respectfully submit this Supplemental Motion for Default Judgment.

LINK TO PREVIOUS POST: U.S. Federal Judge In Colorado Agrees To Enforce Part Of US$2.79 Billion Judgment Against Government Of Cuba For Torture. Mar 15, 2023

U.S. Agricultural Interests Want To "Invest" In Cuba? Then Advocate President Diaz-Canel Approve Investment Regulations. OFAC Issued First License In 2022. Use Straight Line- Avoid Consultants.

Agricultural Interests In United States Reportedly Want To Invest In The Republic Of Cuba. 

Are There Any Public Examples, With Details, Of A Specific Desired Investment?   

“We’re Losing” What Exactly? 

Government Of The Republic Of Cuba Has Yet To Authorize.   

United States-Based Agricultural Interests Should Focus In Public Towards Advocating The Diaz-Canel-Valdes Mesa Administration (2019- ) Issue Regulations For Direct Investment And Direct Financing Regulations When Sourced From The United States.  Awaiting Two Years For Those… 

We’re Not Losing…. They’re Losing.  And, Thus Far, They Are Content With That.  

OFAC Did Its Part On 10 May 2022- Issued The First License.  They Too Await Decision By Government Of The Republic Of Cuba. 

Agricultural And Other Interests Seeking To Export, Import, Service Provision, Direct Investment, And Direct Financing Opportunities In Cuba Do Not Need Consultants.   

They May Need An Attorney.  They Should Interact Directly With Representatives Of The Government Of The Republic Of Cuba- Or Wait Until They Can Do So. 

Don’t Create A Triangle Where There Should Be A Straight Line. 

Reuters
London, United Kingdom
U.S. farming businesses want Biden to allow more investment in Cuba
By Nelson Acosta

HAVANA, April 4 (Reuters) - U.S. agro-businesses, on a trade tour in Cuba, said on Tuesday they were "losing" in their bid to boost commerce with Cuban farmers and called on the Biden administration to ease restrictions and allow them to invest in private agriculture on the island. 

U.S. President Joe Biden last May loosened restrictions on travel, remittances and migration, and promised the United States would do more to support the fledgling private sector in Cuba. 

Change, however, has been too slow to come, said Paul Johnson, chair of the U.S. Agricultural Coalition for Cuba, a more than 100-member organization that includes national and state farm organizations, corporations and producers. 

"We're losing, and we're tired of losing," Johnson told reporters on the sidelines of the gathering at a hotel in Havana.  The U.S. businesses are keen to both sell their own product to Cuba and to invest in private sector farms and cooperatives to help them develop. 

Little has changed on the island since a similar group of would-be investors arrived last April. Many farms have been shuttered by lack of investment, equipment, fuel and supplies, leading to widespread shortages of food across Cuba. 

"It's frustrating to us in the United States, because we believe it's something that we can fix. We need to go back to our government ... and insist that the private sector is a path forward to development," said Johnson. 

Cuba, a long-time foe of the United States, swapped capitalism for socialism shortly after Fidel Castro's 1959 revolution, preferring state over private enterprise.  But in August 2021, the communist-run government lifted a ban on private companies that had been in place since 1968. Upwards of 7,000 such businesses have opened since, according to an Economy Ministry list updated on March 23. 

Investors from countries including Mexico, Venezuela, Vietnam, China, Spain and Russia, among others, have previously participated in state- and private business in Cuba. 

The United States remains an outlier. The U.S. Treasury Department [Office of Foreign Assets Control (OFAC)] last May authorized a company owned by entrepreneur John Kavulich [U.S.-Cuba Trade and Economic Council] to invest in a small private business in Cuba's services sector, the first such approval in decades. 

But many other similar requests remain unanswered, Johnson said.  "Obviously that's just not good enough," Johnson said. "We're capitalists. We invest in private business all around the world. Why can't we do it in Cuba?" 

Despite the loosening of some restrictions, a Cold War-era U.S. embargo on Cuba remains in place, prohibiting some trade and financing between the two countries and complicating investment ties.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Aiming For Moscow And Budapest, Biden Administration Hits Havana: Made Cuba's International Banking A Bit More Challenging.

UPDATE: Politico (4/13/2023)- SANCTIONS WORK: Hungary is withdrawing from the Russia-linked International Investment Bank, a day after the U.S. sanctioned it, Lili Bayer reports.

“The Hungarian government has decided to terminate Hungary’s membership with the International Investment Bank (IIB). A day after the United States imposed sanctions on the Budapest-based bank and three of its senior executives resident in Hungary, the economic ministry said in a statement that whereas the Russia-backed IIB had played an important development role in central and eastern Europe, there was no sense in carrying on with its operations following the US sanctions. Hungary is withdrawing its officials from the IIB, it added. David Pressman, the US ambassador to Hungary, told journalists on Wednesday that sanctions applied to the “Budapest-based, Russia-controlled” bank and three of its senior executives resident in Hungary, including one Hungarian national.” LINK To Government Of Hungary Media Release

“INTERNATIONAL INVESTMENT BANK (a.k.a. MEZHDUNARODNY INVESTITSIONNY BANK; a.k.a. "IIB"), Vaci ut, 188, Budapest H-1138, Hungary; Fo utca 1, Budapest H-1011, Hungary; 7 Mashi Poryvaevoy Street, Moscow 107078, Russia; SWIFT/BIC IIBMHU22; Website www.iib.int; Organization Established Date 10 Jul 1970; Target Type Financial Institution; Tax ID No. 30479900-1-51 (Hungary); alt. Tax ID No. 9909152110 (Russia); Legal Entity Number 2534000PHLD27VN98Y03 [RUSSIA-EO14024].”  

“The Bank’s member states are the Republic of Bulgaria, the Republic of Cuba, Hungary, Mongolia, Romania, the Russian Federation and the Socialist Republic of Vietnam.” 

LINK: Cuba Has 1.42% Shareholding In Hungary-Based International Investment Bank January 24, 2021

“Specially Designated Nationals And Blocked Persons List (SDN) Human Readable Lists: As part of its enforcement efforts, OFAC [Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury] publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called "Specially Designated Nationals" or "SDNs." Their assets are blocked and U.S. persons are generally prohibited from dealing with them.  View more information on Treasury's Sanctions Programs.”  

International Investment Bank 

“International Investment Bank is a multilateral development institution that aims to facilitate connectivity and integration between the economies of the Bank’s member states in order to ensure sustainable and inclusive growth and the competitiveness of national economies, backed by the existing historical ties.  The Bank was established and operates as an international organisation based on the intergovernmental Agreement Establishing the International Investment Bank dated 10 July 1970, registered with the United Nations Secretariat on 1 December 1971 under number 11417, as amended and restated from time to time, together with the Bank’s Charter, which is an integral part of the Agreement. The Agreement Establishing the IIB is an international treaty. 

The IIB’s authorised capital amounts to EUR 2 billion.  The Bank’s member states are the Republic of Bulgaria, the Republic of Cuba, Hungary, Mongolia, Romania, the Russian Federation and the Socialist Republic of Vietnam.  The Bank’s headquarters are located in Budapest, Hungary.  IIB specialises in medium- and long-term financing of projects aimed at supporting the economic development of its member states and that would have a significant positive social, economic and environmental impact. The Bank offers direct financing and provides loans in partnership with other financial institutions as well as through partner banks.  IIB securities are currently traded on the Bratislava, Bucharest, Budapest, Moscow, Prague and Vienna stock exchanges.

The Board of Governors is the Bank’s supreme governing body, consisting of representatives from the IIB’s member states. The Board of Directors is responsible for the general management of the Bank’s operations. The Bank’s executive body is the Management Board, whose members are appointed by the Board of Governors. The Bank’s activities are controlled by the Audit Committee, which is made up of representatives from the IIB’s member states appointed by the Board of Governors. The Bank’s financial statements are confirmed by a semi-annual compliance audit review and an annual audit.  As an international organisation, the Bank is not subject to national banking and other regulations; it enjoys immunities and privileges determined by the Agreement Establishing the IIB and corresponding agreements with its member states.” 

LINK: Patriot Act Certification Regarding Correspontant Accounts For Foreign Banks
LINK: Wolfsberg Group Correspondent Banking Due Diligence Questionaire
LINK: W-8BEN-E Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)

Politico
Brussels, Belgium
13 April 2023

AS US INCREASES PRESSURE ON HUNGARY: The United States on Wednesday imposed sanctions on Hungary-based International Investment Bank, which has links to Russia, as well as three individuals living in Hungary, marking a new low point in Budapest’s relationship with Washington. 

Background: The IIB is a controversial institution located in Budapest with ties to the Russian state, which Western officials fear may be used for Russian intelligence operations inside Europe. U.S. Ambassador to Hungary David Pressman said Washington had repeatedly shared information with Hungarian counterparts about the threat the bank posed to NATO, but said Budapest had “dismissed” those concerns. Lili Bayer has more.

17.5% Decrease In U.S. Agricultural Commodity/Food Products Exports To Cuba In February 2023. Exports Remain Up 10.4% Year-To-Year.

ECONOMIC EYE ON CUBA©
April 2023

February 2023 Ag/Food Exports To Cuba Decrease 17.5%- 1
55th Of 216 February 2023 U.S. Food/Ag Export Markets- 2
Year-To-Year Exports Increase 10.4%- 2
Cuba Ranked 54th Of U.S. 2023 Ag/Food Export Markets- 2
February 2023 Healthcare Product Exports US$61,354.00- 2
February 2023 Humanitarian Donations US$2,398,423.00- 3
Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 16 (not yet available)

FEBRUARY 2023 FOOD/AG EXPORTS TO CUBA DECREASE 17.5%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in February 2023 were US$24,592,601.00 compared to US$29,812,459.00 in February 2022 and US$21,242,760.00 in February 2021. 

February 2023 exports included among other items: Waffles and Wafers; Coffee; Tuna; Condiments; Toilet Paper; Chicken Leg Quarters (Frozen); Chicken Meat (Frozen); Chicken Legs (Frozen); Meat of Swine; Preserved Chicken Meat; Yeasts; Non-Alcoholic Beverages.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Cuba Banks Again Accepting U.S. Dollar Deposits. That's Good. Better Would Be Providing Regulations For U.S.-Sourced Direct Investment And Direct Financing To MSMEs. First OFAC License Waiting...

“It is very useful for us as a company and more than now we need a lot of capital injection to face the crisis with the purchase of professional machinery.  This gives us the possibility of having currency input that currently could not be exchanged into currencies other than USD.”  Owner of an officially-registered Micro, Small, and Medium-Size Enterprise (MSME) located in the Republic of Cuba and owned by a Republic of Cuba national. 

Granma
Havana, Republic of Cuba
10 April 2023

Financial and banking institutions will accept cash deposits of US dollars in bank accounts (+ Video) 

From this moment on, financial and banking institutions will accept cash deposits of US dollars in bank accounts, and the acceptance of this currency in the operations of buying and selling currencies in the Exchange Market will be maintained as before. 

Resolution 26 of 10 of the Central Bank of Cuba, dated April 2023, 63, which repeals Resolution 2023 of June 6, which prohibited the acceptance of the US dollar in cash by banks and non-bank financial institutions, has been published in the Extraordinary Official Gazette No. 2023 of April 176, 2021, which prohibits the acceptance of the US dollar in cash by banks and non-bank financial institutions, for its banking. 

The repeal of Resolution 176/2021 responds to the current circumstances and priorities of economic policy. The current economic scenario of the country, having overcome the covid-19 pandemic, with the revival of tourism, the resumption of the presence of foreign visitors and the gradual recovery of productive activity and services, suggests taking this step, even though the measures of maximum economic pressure that have extremely reinforced the economic blockade remain in force, particularly those aimed at hindering Cuba's external financial flows and preventing deposits abroad of US dollars in cash. 

The foreign exchange market established in August 2022, among other measures, has created the conditions so that both the possibility of making deposits in US dollars in financial and banking institutions, and of receiving that currency in cash from exchange operations, can be accepted, as it was in the past. 

Since the policy of economic pressure that led to the June 2021 decision remains in place, the underlying problem has not been resolved. Therefore, it will be necessary to monitor the evolution of banking and financial activity from this new step, with the confidence that it will be beneficial for national economic activity and for the population, and with the willingness to make the adjustments that are pertinent according to their behavior. 

From this moment on, financial and banking institutions will accept cash deposits of US dollars in bank accounts, and the acceptance of this currency in the operations of buying and selling currencies in the Exchange Market will be maintained, as until now. 

LINK Las instituciones financieras y bancarias aceptarán depósitos en efectivo de dólares estadounidenses en cuentas bancarias (+ Video) › Cuba › Granma - Órgano oficial del PCC 

Central Bank of the Republic of Cuba
Havana, Republic of Cuba
10 April 2023

En la Gaceta Oficial Extraordinaria No. 26 del día 10 de abril de 2023 ha sido publicada la Resolución 63 de 2023 del Banco Central de Cuba, de fecha 6 de abril de 2023, que deroga la Resolución 176 de junio de 2021, que prohibía la aceptación del dólar estadounidense en efectivo por parte de los bancos e instituciones financieras no bancarias, para su bancarización.

La derogación de la Resolución 176/2021, responde a las circunstancias y prioridades actuales de la política económica. El actual escenario económico del país, habiendo superado la pandemia COVID 19, con el inicio de la reanimación del turismo, la reanudación de la presencia de visitantes extranjeros y la recuperación paulatina de la actividad productiva y de servicios, aconseja dar este paso, aun cuando permanecen en vigor las medidas de máxima presión económica que han reforzado en extremo al bloqueo económico, en particular las dirigidas a entorpecer los flujos financieros externos de Cuba e impedir los depósitos en el exterior de dólares estadounidenses en efectivo.

El mercado cambiario establecido en agosto de 2022, entre otras medidas, ha creado las condiciones para que se pueda aceptar, como era en el pasado, tanto la posibilidad de realizar depósitos en dólares estadounidenses en las instituciones financieras y bancarias, como de recibir esa moneda en efectivo a partir de operaciones de canje.

Puesto que la política de presión económica que dio lugar a la decisión de junio de 2021 permanece vigente, el problema de fondo no se ha resuelto. Por consiguiente, será necesario monitorear la evolución de la actividad bancaria y financiera a partir de este nuevo paso, con la confianza de que resultará beneficioso para la actividad económica nacional y para la población, y con la disposición de realizar los ajustes que resulten pertinentes según su comportamiento. 

A partir de este momento las instituciones financieras y bancarias aceptarán depósitos en efectivo de dólares estadounidenses en cuentas bancarias, y se mantendrá como hasta el presente, la aceptación de esta moneda en las operaciones de compra y venta de divisas en el Mercado Cambiario.

LINK https://www.bc.gob.cu/noticia/nota-del-banco-central-de-cuba/1736

Verdict By London Court In Cuba Debt Lawsuit: From Court- Money Remains Owed By Cuba, Cuba Lawfully Changed Assignment Process, Plaintiff Will Seek New Assignment. Another Year In Court?

Court Judgement Excerpt: “CONCLUSIONS AND SERVICE OUT- 400. In conclusion: i) BNC consented on its own behalf to the assignment by ICBC to CRF of its rights and obligations under the Agreements; ii) It lacked capacity to consent on behalf of Cuba to the assignment by ICBC to CRF of its rights under the Guarantee; iii) Accordingly, the rights and obligations of ICBC under the Agreements were validly assigned to CRF, with the result that CRF is entitled to rely on the contractual provisions contained therein as to the jurisdiction of the English court, waiver of immunity and service of process.  401. I therefore find and declare that: i) BNC, on its own behalf, consented to the assignment of the debts represented by the Agreements by ICBC to CRF; ii) Accordingly, the debts represented by the Agreements have been validly assigned by ICBC to CRF; APPROVED JUDGMENT CRF v Banco 94 iii) The Court has jurisdiction to try the debt claims herein; iv) BNC is not immune from the jurisdiction of the Court pursuant to the SIA; and v) The conditions for the service of the Claim Form out of the jurisdiction upon BNC have been satisfied.”

LINK TO 3-PAGE APPROVED JUDGEMENT (4 April 2023)

LINK TO 94-PAGE APPROVED JUDGEMENT IN PDF FORMAT (4 April 2023)

“London, UK, 4th April 2023
Cuba Defeated in English High Court by CRF
CRF I Limited v. Banco Nacional de Cuba and Republic of Cuba - CL-2020-000092 090

Following a landmark ruling by the English High Court in favour of CRF I Limited, Mr. David Charters, the Chairman of CRF provided a series of quotes for a press release, highlighting the company's commitment to ethical business practices and its intent to work closely with the Cuban government to reach a mutually beneficial solution.  Mr. Charters stated, "We are pleased that a Senior Judge in the English High Court has recognised CRF as a responsible creditor, and not a vulture fund, contrary to Cuban assertions. This decision reaffirms our commitment to conducting business in an ethical and responsible manner." 

Mr. Charters continued, "We have always maintained that the claims of bribery against CRF I Limited and our colleague Jeet Gordhandas were baseless, and we are pleased that this has been confirmed by a costs order against Cuba. We remain committed to upholding the highest standards of integrity and transparency in our business dealings."  In response to a prior recent statement from Cuban Justice Minister Silvera, Mr. Charters welcomed Cuba's recognition of CRF as a legitimate creditor: "We welcome the statement from Minister Silvera that Cuba will recognize our legitimate debts and legitimate creditors, as CRF is both. We look forward to working with the Cuban government to find a mutually beneficial solution." 

Emphasising CRF's commitment to supporting the Cuban economy, Mr. Charters added, "CRF remains committed to finding a solution with Cuba that has zero impact on its budget for at least 5 years, recognising the difficult economic situation the country is facing. We believe that a mutually beneficial solution can be reached through constructive dialogue and cooperation."  Addressing a technical point in the judgement, Mr. Charters concluded, "BNC was the Central Bank of Cuba and remains responsible for managing these unpaid Cuban debts. Cuba won a technical point in this judgement which we have already remedied and we do not expect this issue to impact the eventual final outcome, which is a complete victory for CRF."” 

"Further to our press release earlier this morning, please see below a further release by Rosenblatt: The Rosenblatt team - Harvey Rands, George Jackson, Madeleine Binkley and Tracy Tsao - is pleased to have obtained a landmark judgment establishing jurisdiction against Banco Nacional de Cuba in respect of Cuban sovereign debt held by their client CRF I Limited.  In judgment handed down yesterday, the Commercial Court held that CRF are a legitimate creditor of Cuban sovereign debt payable by Banco Nacional de Cuba, the former Cuban central bank, having agreed to an assignment of two debt positions from ICBC Standard Bank to CRF.  The court rejected Cuba’s contrived allegations both of bribery, and that CRF is a vulture fund. Cuba’s allegation of bribery was cynically maintained without foundation for two years before being dropped shortly before trial.  CRF may now proceed to a substantive trial to enforce recovery of the sovereign debt that it unequivocally owns. In the meantime, Banco Nacional de Cuba has been ordered to make a payment of £575,000 to CRF on account of costs.  The Republic of Cuba relied on Cuban law to establish that the Banco Nacional de Cuba could not consent to an assignment of Cuban sovereign debt on its behalf. Accordingly, CRF have now made an express request directly to the Republic of Cuba for consent to assign the underlying guarantees, which they have no ground to refuse in accordance with the judgment handed down.

Other Release Notes:  It's important to note that CRF has already re-filed and Cuba must accept the assignment or risk being deemed unreasonably withholding. Cuba has bought themselves 28 days.  CRF appears to be the clear winner in this situation, as it has a draft order for costs. This suggests that CRF has a strong case and is likely to come out on top.  Another important point to consider is that CRF is a bona fide creditor. This means that they have a legitimate claim to the funds in question, which strengthens their position in any legal proceedings.  Finally, it's worth noting that all creditors know exactly how to put Cuba in the crosshairs. This suggests that Cuba may face additional legal challenges in the future if they continue to withhold funds from CRF or other creditors. Ultimately, it's in Cuba's best interest to resolve this situation as quickly and fairly as possible."

Granma
Havana, Republic of Cuba
4 April 2023

República de Cuba gana pleito en Londres: CRF no es acreedor del Estado cubano
La sentencia acoge el planteamiento sostenido por la parte cubana durante el proceso y desestima la reclamación de CRF contra el Estado cubano

En audiencia desarrollada este martes 4 de abril (08.45 horas de Londres) en la Alta Corte de Inglaterra y Gales, la jueza Sara Cockerill notificó a los abogados de las partes la sentencia correspondiente a la demanda interpuesta por el fondo buitre CRF I Limited contra la República de Cuba y el Banco Nacional de Cuba (BNC).  La sentencia acoge el planteamiento sostenido por la parte cubana durante el proceso y desestima la reclamación de CRF contra el Estado cubano. La resolución judicial confirma que las irregularidades cometidas por funcionarios del BNC, sujetas a investigación penal primero y a sentencia judicial después, fueron motivos razonables para que el gobierno cubano negara su consentimiento en ceder la deuda a favor de CRF.  El documento afirma, tal como venía alegando la República de Cuba, que el BNC no cuenta con capacidad legal ni autoridad para representar al país. Ello ratifica que CRF es un extraño en los instrumentos financieros que reclamaba contra Cuba y no le asistía el derecho a establecer la demanda en Londres; la República de Cuba es, por tanto, inmune a la jurisdicción inglesa y no tiene obligación alguna de responder con su patrimonio ante esta demanda.  Como se ha explicado anteriormente, el objeto central del proceso judicial fue determinar si el tribunal inglés era competente para conocer la reclamación de CRF como acreedor del BNC y de la República de Cuba.  De acuerdo con la sentencia notificada esta mañana, CRF no es acreedor del Estado cubano, lo que significa que la República de Cuba queda fuera del pleito. En lo adelante el proceso continuará solamente contra el Banco Nacional de Cuba, quien tendrá derecho a establecer las reclamaciones que le permite la ley inglesa.  

Google Translate: “In a hearing held this Tuesday, April 4 (08:45 London time) at the High Court of England and Wales, Judge Sara Cockerill notified the lawyers for the parties of the judgment corresponding to the lawsuit filed by the vulture fund CRF I Limited against the Republic of Cuba and the National Bank of Cuba (BNC). The ruling accepts the approach sustained by the Cuban party during the process and dismisses the CRF claim against the Cuban State. The judicial resolution confirms that the irregularities committed by BNC officials, first subject to criminal investigation and later to a judicial sentence, were reasonable grounds for the Cuban government to deny its consent to assign the debt in favor of CRF. The document affirms, as the Republic of Cuba had been claiming, that the BNC does not have the legal capacity or authority to represent the country. This confirms that CRF is a stranger in the financial instruments that it claimed against Cuba and did not have the right to establish the claim in London; the Republic of Cuba is, therefore, immune to English jurisdiction and has no obligation to respond with its assets to this claim. As previously explained, the central purpose of the judicial process was to determine whether the English court was competent to hear the claim of CRF as a creditor of the BNC and of the Republic of Cuba. According to the sentence notified this morning, CRF is not a creditor of the Cuban State, which means that the Republic of Cuba is out of the lawsuit. From now on, the process will continue only against Banco Nacional de Cuba, who will have the right to establish the claims allowed by English law.”

LINK TO 94-PAGE APPROVED JUDGEMENT IN PDF FORMAT (4 April 2023)

On Monday, 23 January 2023, at 10:00 am in London, United Kingdom, an eight-day Jurisdiction Trial commenced with pre-reading for two days, 18 January 2023 and 19 January 2023.  The trial was held at the High Court of Justice, City Court House, Rolls Building, 7 Rolls Buildings, Fetter Ln, London EC4A 1NL. Presiding: Mrs. Justice Sara Cockerill.  

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

From Court Filing: “CRF is a company incorporated under the laws of the Cayman Islands. It was established to invest in defaulted Cuban sovereign debt.  CRF gradually acquired a portfolio of Cuban sovereign debt which was valued in the total principal sum of EUR189 million by 31 March 2016, and EUR1,200 million by 26 November 2017.  The majority of that portfolio, and the part that is relevant to these proceedings, was settled by way of risk participation at ICBC.  That is a common arrangement in the sovereign debt market.”   

Rosenblatt (plaintiff)
Memery Crystal (plaintiff- firm merged with Rosenblatt)
7 King’s Bench Walk (plaintiff)
Gibson, Dunn & Crutcher UK LLP (previously for plaintiff)
PCB Byrne LLP (defendant)
Essex Court Chambers (defendant)
Uria Menendez (defendant)  

Links To Related Analyses 

Four Convicted Cubans Are Defense Witnesses In London Bank Trial; One From Prison. Actual Bribery No Longer Defense Strategy; Allegation Of Bribery Remains. Skeletons Tell All? January 18, 2023 

36 Months Of Litigation; US$5.8 Million On Attorneys By Cayman Islands-Based Plaintiff And Havana-Based Defendants, Now London Trial. KCs Lead Sides. Issues: Interpol Red Notice, Jurisdiction, Bribery Jan 13, 2023   

China-Owned Bank In London Sues Cuba Central Bank And Government Of Cuba. Either Sue For Custodian Account Holders Or Be Sued By Them? Embarrassing For Cuba To Be Sued By "Good Friend." December 21, 2021  

NOTE: On 28 May 2021, London, United Kingdom-based ICBC Standard Bank Plc filed a lawsuit against Banco Nacional de Cuba and the Government of the Republic of Cuba. The lawsuit (CL-2021-000343) was filed in the High Court of Justice, Commercial Court, Part 7 Claim, Central Commercial Contracts and Arrangements. ICBC Standard Bank Plc is represented by London, United Kingdom-based Herbert Smith Freehills LLP.  The defendants have no counsel listed.  The last update to the lawsuit was 22 November 2021.  The claim document has been completed, but has not been served.  No documents have been filed- and no documents could be filed for months.  LINK  Total amount of claim by ICBC Standard Bank Plc against Banco National de Cuba and Government of the Republic of Cuba is approximately 200 Million Euros (approximately US$224.8 million).  Total amount of interest is approximately 1 Billion Euros (approximately US$1.12 billion).  

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

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

In 2022, World Food Program Spent US$16,335,744.00 In Cuba. WFP Report Highlights Issues For Women In Agricultural Workplace- “…a lack of women's empowerment persists in Cuba”

In 2022, World Food Program Spent US$16,335,744.00 In Cuba.  WFP 54-Page Annual Report Highlights Issues For Women In The Agricultural Workplace- “…a lack of women's empowerment persists in Cuba” 

“… the country's high dependence on imports and limited access to foreign currencies significantly reduced the availability of domestic and imported food commodities. Moreover, the monetary reform initiated in 2021 reduced food subsidies, pushing inflation higher than forecasted (40 percent from October 2021 to October 2022 [3]) and deepening the dual-currency inequality gap, which led to higher prices of basic goods and services and impacted households’ vulnerability to food insecurity. As a result, the country experienced food shortages, including main cereals (wheat flour, rice, and corn), beans, vegetables, dairy products and meat (beef and pork) [4].” 

“… Cuba is one of the Caribbean countries most exposed to hurricanes, droughts and unseasonal rains. These shocks are expected to become more frequent and severe due to the effects of climate change. Rising sea levels, increase in temperature and decrease in precipitation affect agriculture, forestry and tourism, pillars of the national economy. In the aftermath of Hurricane Ian in September 2022, WFP implemented a 2-month food assistance plan to reach shock-affected populations in the provinces of Pinar del Río, Artemisa, Mayabeque and the municipality of Isla de la Juventud.” 

“The impact of ongoing monetary reform that started in January 2021 was another risk monitored by WFP. This reform, called Tarea Ordenamiento, has not yet achieved the desired results. Therefore, the shortage of basic products and the increase in global food prices contributed to national inflation. WFP will continue to monitor the effects of the reform, especially on the food security of lower-income households.” 

“Cuba ranked 73rd in the Gender Inequality Index out of 170 countries in 2021 [1]. Despite progress, gender inequality and a lack of women's empowerment persists in Cuba, especially in rural areas where women account for 46 percent of the population but only 17 percent of employees in agriculture [2]. Despite national efforts, including a gender strategy for the agriculture system launched in 2016, only 13 percent of members of agricultural cooperatives are women. The persistence of male-centred agricultural systems, patriarchy and gender stereotypes limit women's access to resources, land ownership and decision-making. For example, only 28 percent of management positions in rural areas are performed by women [3]. In general, the presence of women in the agricultural sector is characterized by the limited role of users [4] (36 percent) or landowners (16 percent). Also, there are few incentives for young people to participate in agriculture and their employment in the sector is limited (15 percent). This context has negative effects on the sustainability of food systems.” 

LINK TO COMPLETE 54-PAGE REPORT IN PDF FORMAT

In Moscow…. New Supplies Of Coffee From Cuba, New Brand Too: Guantanamera Coffee

On Friday, 31 March 2023, a new coffee product from the Republic of Cuba available at GUM Department Store (Gosudarstvenny Universalny Magazin (State Department Store)) located on Red Square In Moscow, Russian Federation.

And…. Packages of coffee viewed in GUM in December 2022 which had labels indicating the coffee products were past their expiration dates, have been replaced.   

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.

Cuba Coffee At GUM Department Store On Red Square In Moscow. Unfortunately, Packages Past Their Sell-By Date  

Cubita Coffee From Cuba Available At GUM Department Store In Moscow

If Accurate, Unhelpful To Biden Administration Seeking Openings... “Cuban pres. admires Ayatollah Khamenei's wisdom, leadership"

“Cuban pres. admires Ayatollah Khamenei's wisdom, leadership

TEHRAN, Mar. 21 (MNA) – Cuban President Miguel Diaz-Canel says that Ayatollah Khamenei is a wise leader who has a tremendous capability for logical thinking and analysis.

In an exclusive interview with Al Mayadeen, the Cuban President talks about Cuba's stance on the war in Ukraine and his country's relationship with different countries.

Speaking about Cuban-Iranian relations, the Cuban president described Iran as Cuba’s sister nation. He said that the foundations of the relationship between the two countries are based on history and mutual respect, as well as the great resistance that the two people waged in the face of imperial blockades and sanctions. According to the Cuban president, "the Cuban and Iranian people share an understanding of resistance, courage, heroism, dignity, and defiance to the plans of imperialist power."

He also expressed his appreciation for the Leader of the Islamic Revolution Ayatollah Seyyed Ali Khamenei as a politician and as the leader of the Iranian Revolution, admiring his “tremendous capability for logical thinking and analysis,” also describing him as a wise leader.

The Cuban president indicated that the two countries are working on joint projects that serve the economic development of both, especially in the fields of energy and food. He pointed out that Iranian President Ebrahim Raeisi might visit his country, while also expressing his desire to visit Tehran this year.

Miguel Diaz-Canel, President of the republic of cuba (2019- )

Diaz-Canel stressed that this year will witness a deepening of relations between the two countries, and the adoption of projects that are of mutual benefit. He specified both nations share mutual projects that include scientific research, technology, and energy.

The Cuban president expressed his admiration for Iran's culture, civilization, and resistance against aggression, and said that the technological development that Iran has achieved despite the embargo and sanctions is very important, and multifaceted, pointing out that being familiar with Iran's development can benefit Havana.  MP/PR”

news/198725/Cuban-pres-admires-Ayatollah-Khamenei-s-wisdom-leadership

Will The Ibero-American Summit of Heads Of State In Santo Domingo Be An Opportunity For Christopher Dodd, SPA For The Americas, To Speak With President Of Cuba?

United States Department of State
Washington DC
24 March 2023

Senior Presidential Advisor for the Americas Dodd’s Travel to the Dominican Republic
Office of the Spokesperson

Special Presidential Advisor (SPA) for the Americas Christopher J. Dodd will travel to Santo Domingo, the Dominican Republic, on March 24-25 to attend the 28th Ibero-American Summit of Heads of State and Government.  SPA Dodd is attending the summit at the invitation of Dominican President Luis Abinader, whose government is hosting the event.  In Santo Domingo, SPA Dodd will attend Summit events and hold bilateral meetings with President Abinader and other regional leaders.  This visit demonstrates the Biden Administration’s commitment to engaging with our neighbors as we work together to encourage inclusive economic growth, confront shared challenges, and promote democracy, human rights, and the rule of law in our hemisphere.

U.S. Department Of State Issues 2022 Cuba Human Rights Practices Report. Corruption And Private Sector Issues Hightlighted

United States Department of State
Washington DC
20 March 2023

2022 Country Reports on Human Rights Practices: Cuba

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption; however, there were numerous reports of government corruption, supported by a poorly regulated and opaque banking sector.  The government was highly sensitive to corruption allegations and often conducted anticorruption crackdowns.

Corruption:  There were numerous reports of police and other official corruption in enforcement of economic restrictions and provision of government services.  For example, employees frequently stole products from government stocks and sold them on the black market.  Corruption by customs officers was also reportedly common.  The government and state-controlled businesses engaged in international money laundering to evade sanctions.

E. ACCEPTABLE CONDITIONS OF WORK

Informal Sector: Despite criminal penalties for doing so, a significant number of workers participated in the informal economy, including individuals who traded on the black market or performed professional activities not officially permitted by the government. There was no publicly available information regarding the size of the informal sector.

Self-employed persons, such as fruit sellers, bicycle taxi drivers, and others, were frequently targeted by police for allegedly acting illegally, even when licensed. Police sometimes arbitrarily and violently closed these businesses and confiscated any goods.

LINK To Department Of State Report Page
LINK To 2022 Country Reports on Human Rights Practices: Cuba

USDA Accepting Applications For 2024 Export Programs- Cuba Again Authorized For Participation. Since 2018 Farm Bill, FMD And MAP Focus On Cuba Remains Anemic. Will 2024 Be Different?

“USDA Accepting Applications for FY 2024 Export Programs 

The U.S. Department of Agriculture’s [USDA] Foreign Agricultural Service is accepting applications from eligible organizations for fiscal year 2024 funding for five export market development programs. FAS recently published the FY 2024 Notices of Funding Opportunity for the Market Access Program, Foreign Market Development Program, Technical Assistance for Specialty Crops Program, Quality Samples Program and Emerging Markets Program.  The application deadline for the five programs is May 19, 2023. 

Background 

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 FY 2024 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 FY 2024 funding opportunity is available at: https://www.fas.usda.gov/programs/foreign-market-development-program-fmd.” 

• 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   

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   

Source: USDA

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.    

Links To Related Analyses 

Members Of U.S. Senate Advocate For Regulatory Changes To Commercial Relationship With Cuba. But, A Significant Part Of What They Seek In Washington Await Decisions In Havana. Mar 16, 2023

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. Mar 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 Feb 15, 2023  

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. February 14, 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  

Members Of U.S. Senate Advocate For Regulatory Changes To Commercial Relationship With Cuba. But, A Significant Part Of What They Seek In Washington Await Decisions In Havana.

Three Members Of The United States Senate Advocate For Regulatory Changes To Commercial Relationship With Cuba  

A Significant Part Of What They Seek In Washington Await Decisions In Havana

Part Of What They Seek Is Already Authorized By The OFAC

Part Of What They Seek Is Not The Responsibility Of The USDA- It Is The Responsibility Of Those Who Advocated For It And Have Not Used It.  Whose Fault Is That?

They Should Also Send A Letter To Miguel Diaz-Canel, President Of The Republic Of Cuba

On 15 March 2023, three members of the United States Senate sent a three-page letter to Joseph Biden, 46th President of the United States:  Chris Van Hollen (D-Maryland), Ron Wyden (D- Oregon), Chairman of the Finance Committee, and Cynthia Lummis (R-Wyoming).  LINK To Letter

Excerpt

“Small, private sector Cuban entrepreneurs have been clamoring for access to capital that could help their businesses thrive, support private sector employment, and make it less likely Cubans seek to migrate to the United States due to lack of hope for a better future. Rather than continue the failed policy of broad-based sanctions, your Administration should undertake efforts to increase economic exchange between the United States and the Cuban people. This should include risk-based, targeted efforts, including narrow changes to U.S. licensing and regulations, to support Cuba’s small and medium-sized private enterprises in accessing U.S. financial services to legitimate the Cuban private sector and facilitate its growth.”

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. 

Unfortunately, the government of the Republic of Cuba has yet- two years and counting, 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.   

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

• LINK 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    

Excerpt

“Establish a targeted Office of Foreign Assets Control (OFAC) license to allow U.S. banks to provide financial services to small, private sector Cuban businesses, potentially through Cuban banks, with appropriate risk management controls to prevent the flow of funds to entities controlled by the Cuban government. The licensing regime should include both payments activity and microfinancing of the private sector in Cuba, including agricultural cooperatives;”

The senators are 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 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 when authorized by the government of the Republic of Cuba 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. 

Helpful if the three senators would advocate to the government of the Republic of Cuba about the lack of MSME investment/financing regulations which, if issued, would address items referenced in the letter to President Biden   Implementing MSME investment/financing regulations would provide an incentive for the Biden-Harris Administration to authorize direct correspondent banking and U-turn transactions.

• LINK 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

• LINK 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

• LINK 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 

Excerpt

“Work with stakeholders to encourage the use of USDA’s Market Access Program (MAP) and Foreign Market Development (FMD) Program funds, authorized by the 2018 Farm Bill, to educate U.S. farmers and ranchers and facilitate the export of U.S. agricultural commodities to the Cuban market;”

• LINK 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  

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.    

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Links To Related Analyses

 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. Mar 13, 2023

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. Mar 9, 2023

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  

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

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 Feb 15, 2023  

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. February 14, 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

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