Expedia Wants At Least US$1.5 Million And Sanctions Against Plaintiffs In Libertad Act Title III Cuba Lawsuit

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Central Santa Lucia, L.C., Plaintiff, v. Expedia Group, Inc., Defendant.  
C.A. No. 22-00367-JLH

Cross & Simon, LLC (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields LLC (plaintiff)
Ballard Spahr LLP (defendant)

DEFENDANT EXPEDIA GROUP, INC.’S RENEWED AND REVISED MOTION FOR SANCTIONS PURSUANT TO THE COURT’S INHERENT AUTHORITY AND MOTION FOR SANCTIONS UNDER 28 U.S.C. § 1927 AND RULE 37(c)(2)


08/27/2025    NOTICE of Withdrawal of 279 MOTION for Sanctions, by Expedia Group, Inc. (Moskow-Schnoll, Beth) Modified on 8/27/2025 (ceg).
08/26/2025    ORDER REGARDING POST-TRIAL BRIEFING. (*See Order for details). Signed by Judge Jennifer L. Hall on 8/26/2025. (ceg) 
08/26/2025    JUDGMENT FOLLOWING JURY VERDICT. Signed by Judge Jennifer L. Hall on 8/26/2025. (ceg) 
08/25/2025    MOTION for Sanctions - filed by Expedia Group, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Moskow-Schnoll, Beth) 

Excerpt

"From the beginning, this lawsuit was a fraud. It was a fraud jointly and intentionally perpetrated by plaintiff Central Santa Lucia L.C. (“CSL”) and its lawyers. The purpose of this fraud was to use a knowingly false allegation and the threat of multi-billion-dollar statutory damages to extract a settlement from defendant Expedia Group. Although this fraud ultimately failed, it was costly. To date, Expedia Group has incurred more than $1.5 million in fees and expenses defending this fraudulent case. And it is entitled to be made whole. Expedia Group therefore renews its previously filed motion for sanctions under Rule 11, through which it seeks the reasonable attorneys’ fees and other expenses it incurred defending this case. Additionally, and to the extent necessary, Expedia Group moves for (A) sanctions against CSL’s attorneys pursuant to 18 U.S.C. § 1927 and the Court’s inherent authority; (B) sanctions against CSL pursuant to the Court’s inherent authority; and (C) sanctions against CSL under Rule 37(c)(2) for failing to admit that the three assignment of rights documents at issue (the “Assignment Documents”) were backdated."

Link To 23-Page Court Filing In PDF Format
Link To Notice Of Withdrawal of D.I. 279, Expedia Group, Inc.'s Motion for Sanctions

Link To Expedia Prevails In Cuba Libertad Act Lawsuit Filed In Delaware After Loss In Lawsuit Filed In Florida Aug 27, 2025

DOJ Supports Exxon Mobil In U.S. Supreme Court Case Against Cuba Companies. Now, Both Plaintiffs Before SCOTUS Have Trump-Vance Administration Support.

Exxon Mobil Corporation, Petitioner v. Corporación Cimex, S.A. (Cuba), et al. 
Docketed: December 31, 2024
Linked with: 24A330
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
Case Numbers: (21-7127, 22-7019, 22-7020)
Decision Date: July 30, 2024
 

Excerpts: 

QUESTION PRESENTED 

Whether Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 22 U.S.C. 6021 et seq., which creates for U.S. victims of unlawful expropriation by the Cuban government a damages action against those who traffic in the expropriated property, permits suit against Cuban agencies or instrumentalities, or whether such claims are barred by foreign sovereign immunity unless they also satisfy an exception codified in the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. 1330, 1391(f ), 1441(d), 1602 et seq. 

INTEREST OF THE UNITED STATES 

This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. In the view of the United States, the petition for a writ of certiorari should be granted.  

INTRODUCTION 

The United States has compelling foreign-policy interests in ensuring that U.S. nationals whose assets were illegally expropriated by Fidel Castro’s communist regime receive recompense and in preventing the Cuban government from further benefiting from its wrongdoing.  In the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 22 U.S.C. 6021 et seq., Congress provided a vital mechanism to impose accountability on the Cuban government by authorizing private parties to bring suits against “any person” who traffics in property confiscated by the Cuban government, 22 U.S.C. 

This Court should grant review and hold that Title III suits against Cuban agencies and instrumentalities can proceed without having to additionally satisfy one of the enumerated exceptions to foreign sovereign immunity under the FSIA. The D.C. Circuit incorrectly superimposed the FSIA’s general framework on a narrow, Cuba-focused statute that clearly abrogates Cuban agencies’ and instrumentalities’ immunity. That erroneous holding impedes private suits against Cuban agencies and instrumentalities and stymies important foreign-policy interests in holding the Cuban government accountable for continuing to benefit from its illegal expropriations. Review is especially warranted now, during a window when the President has allowed Title III suits to proceed, and at a time when the United States believes that such suits could meaningfully contribute to American foreign-policy objectives involving Cuba. 

Link To 31-Page Document In PDF Format

Link: U.S. Supreme Court: Trump-Vance Administration Supports Libertad Act Cuba Lawsuit Against U.S. Cruise Lines; Says 11th Circuit Court Of Appeals Was Wrong. Will DOJ Support Exxon-Mobil Lawsuit Too? Aug 27, 2025

U.S. Supreme Court: Trump-Vance Administration Supports Libertad Act Cuba Lawsuit Against U.S. Cruise Lines; Says 11th Circuit Court Of Appeals Was Wrong. Will DOJ Support Exxon-Mobil Lawsuit Too?

Excerpts:

“(I) QUESTION PRESENTED: Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 22 U.S.C. 6021 et seq., creates for United States victims of unlawful expropriation by the Cuban Government a damages action against those who traffic in the expropriated property.  The question presented is whether the right of action is limited to property in which the plaintiff would have had an interest at the time of the trafficking had the expropriation not occurred.

INTEREST OF THE UNITED STATES: This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. In the view of the United States, the petition for a writ of certiorari should be granted.

INTRODUCTION- This case involves a significant United States foreign-policy interest: encouraging private actions against the Cuban regime and those who enrich it by trafficking in property that the Castro regime illegally expropriated from Americans. Congress authorized private plaintiffs to bring such suits in Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 22 U.S.C. 6021 et seq., by creating a cause of action for “any United States national who owns the claim to [confiscated] property” to seek money damages from “any person” who “traffics in” such property. 22 U.S.C. 6082(a)(1)(A). Such suits promote justice for American victims, impose accountability on the Cuban government, deter private actors from collaborating with that government to exploit expropriated property, deprive the Cuban government of funds that undermine the United States’ longstanding embargo of Cuba, and increase economic pressure to achieve democratic reforms in Cuba.”

“Especially if the Court grants the pending petition for a writ of certiorari in Exxon Mobil Corporation v. Corporación Cimex, S.A. (Cuba), No. 24-699, the Court should also grant review in this case. Doing so would allow the Court to conclusively resolve two of the most pressing Title III issues at a time when they matter to plaintiffs and U.S. foreign policy. And this case itself is important. It is a bellwether for future Title III cases— petitioner was the first Title III plaintiff to win a final judgment, and it obtained an approximately $440 million award. See p. 11, supra. The case involves serious allegations of trafficking, which the district court found convincing on the summary judgment record. See pp. 10-11, supra.”

LINK TO 29-PAGE DOCUMENT IN PDF FORMAT

Link: U.S. Supreme Court Requests Trump-Vance Administration Opinion On Libertad Act Title III Exxon Mobil Corporation Lawsuit Against Cuba Companies May 06, 2025

Link: Libertad Act Lawsuit Filing Statistics

Expedia Prevails In Cuba Libertad Act Lawsuit Filed In Delaware After Loss In Lawsuit Filed In Florida

CENTRAL SANTA LUCIA, L.C., PLAINTIFF, V. EXPEDIA GROUP, INC., DEFENDANT. (1:22-CV-00367; Delaware District)

Cross & Simon, LLC (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields LLC (plaintiff)
Ballard Spahr LLP (defendant)

08/26/2025- ORDER REGARDING POST-TRIAL BRIEFING. (*See Order for details). Signed by Judge Jennifer L. Hall on 8/26/2025. (ceg)

08/26/2025- JUDGMENT FOLLOWING JURY VERDICT. Signed by Judge Jennifer L. Hall on 8/26/2025. (ceg)

08/25/2025- MOTION for Sanctions - filed by Expedia Group, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Moskow-Schnoll, Beth)

Link To Judgement Following Jury Verdict 

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
CENTRAL SANTA LUCIA, L.C., Plaintiff, v. EXPEDIA GROUP, INC., Defendant, C.A. No. 22-cv-367-JLH

JUDGMENT FOLLOWING JURY VERDICT

WHEREAS, Plaintiff Central Santa Lucia, L.C. brought this lawsuit against Defendant Expedia Group, Inc. alleging that Defendant violated Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, codified at 22 U.S.C. § 6021, et seq., effective March 12, 1996 (the “Helms-Burton Act” or “Act”) (D.I. 1); WHEREAS, to prevail in its lawsuit against Defendant, Plaintiff must prove (among other things) that it owns a claim to confiscated property, that it acquired ownership of that claim before March 12, 1996, and that Defendant knowingly and intentionally trafficked in that property; WHEREAS, pursuant to Federal Rule of Civil Procedure 42(b), the Court bifurcated and held a separate trial on the issue of whether Plaintiff acquired ownership of its alleged claim to the property before March 12, 1996 (D.I. 150; D.I. 155; D.I. 202 at 3:17–20); WHEREAS, Plaintiff asserted that it acquired ownership of its alleged claim to the property from 13 individuals on March 7, 1996, through three written Assignment of Rights documents; WHEREAS, a trial commenced on July 29, 2025, and the jury rendered a unanimous verdict on July 30, 2025, finding that Plaintiff had not demonstrated, by a preponderance of the evidence, that it acquired ownership of its alleged claim to the property via written assignment; NOW, THEREFORE, IT IS ORDERED that judgment is entered in favor of Defendant and against Plaintiff on Plaintiff’s claim under Title III of the Helms-Burton Act, to the extent Plaintiff contends that it acquired its claim to the property at issue through written assignment. IT IS FURTHER ORDERED AND ADJUDGED that this JUDGMENT shall have the effect of denying all oral and written motions made by the parties during the trial pursuant to Federal Rule of Civil Procedure 50(a), without prejudice to, and subject to, such motions to be renewed as post-trial motions. This JUDGMENT is entered subject to the parties’ post-trial motions and briefing on the issue of equitable assignment.  This JUDGMENT serves to trigger the time for filing post-trial motions on the issue that was decided by the jury, as well as other post-trial matters such as sanctions and requests for expert fees pursuant to Federal Rule of Civil Procedure 26(b)(4)(E). Consistent with D. Del. L.R. 54.1(a), the deadline for the prevailing party to file a bill of costs shall be within 14 days after the time for appeal has expired or within 14 days after issuance of the mandate from the appellate court. IT SO ORDERED this 26 th day of August, 2025.

Updates For United States Airline Services To Cuba- Decreasing By 20%

The Sun (26 August 2025): American issues defiant pledge as major airlines to cut flights to Caribbean hotspot in days. One airline has ended its sole US route to the Caribbean getaway.  AMERICAN Airlines execs appear to have sent a defiant message when it comes to flights to a Caribbean paradise - while other major carriers are set to make sweeping changes to schedules.  United and Southwest officials have taken steps to cut certain services and travelers will be impacted in days.

Travelers who fly with United are unable to book flights linking Houston, Texas, and Havana, Cuba, after September 1.  That’s because United chiefs have decided to suspend the route.  In July, United officials confirmed to the U.S. Sun that the decision was made due to demand.  But, United wasn’t the only airline to shake-up their schedules.

Chiefs at Southwest have decided to cut one of its daily return services that link Havana and Tampa, Florida. This change will come into force on September 4.  Currently, the low-cost carrier offers two return services between the cities.  But, American Airlines appears to have taken a different stance.  Papers, which have been seen by The U.S. Sun and filed to the Department of Transportation, reveal American Airlines has no plans to exit the Cuban market.  The carrier made a pledge as it asked DOT chiefs to move a temporary dormancy waiver to cover the winter season.  In the documents, airline officials alluded to challenges linked to passenger demand.  

United Airlines Suspends Houston to Havana Flights: What Travelers Need to Know.  They explained the waiver would help the carrier deploy aircraft more efficiently.  If granted, a number of American Airlines services would be impacted.  It would impact three of the carrier’s eight daily Miami-Havana round-trips that are scheduled for Mondays, Thursday, Fridays and Sundays.  And, four of the carrier’s eight daily round-trips between the two cities on Tuesday and Wednesdays would be affected. 

Daily round-trips between Miami and Santiago De Cuba would also be impacted if the waiver comes into force.  The waiver request includes one of the carrier’s two round-trips between Miami and Santa Clara.  American officials say they would look to restart services should it be in the carrier's interests.  Routes would only be suspended until March 28, 2026, according to the documents.  Delta is the other airline that offers services between the US and Cuba.  Last month, a source told The U.S. Sun airline bosses look at the market when making decisions on routes.  Delta has a twice-daily year round service between Miami and Havana. 

Aviaciononline (26 August 2025): During September 2025, the scheduled air connection between the United States and Cuba registers a 20% decrease compared to August—an expected decline considering the end of the summer period—with three U.S. airlines operating a total of 91 weekly flights. This offer represents a seat capacity of 13,965 per week to connect both countries.  However, in the year-over-year comparison between September 2025 and September 2024, a 21% fall in the number of frequencies and a 16.1% decrease in seat supply is also recorded. 

Detailed Operations Analysis
The air market between the two countries is distributed as follows:
Breakdown by airline (weekly flights and seats per direction):

American Airlines: 70 flights and 10,500 seats.
Delta Air Lines: 14 flights and 2,240 seats.
Southwest Airlines: 7 flights and 1,225 seats.

Details of operated routes:

American Airlines: 70 flights and 10,500 seats.
Delta Air Lines: 14 flights and 2,240 seats.
Southwest Airlines: 7 flights and 1,225 seats.

Details of operated routes:

American Airlines: Camagüey (CMW) - Miami (MIA): 7 flights and 896 seats.  Havana (HAV) - Miami (MIA): 39 flights and 6,224 seats.  Holguín (HOG) - Miami (MIA): 7 flights and 896 seats.  Santa Clara (SNU) - Miami (MIA): 7 flights and 1,204 seats.  Santiago de Cuba (SCU) - Miami (MIA): 5 flights and 640 seats.  Varadero (VRA) - Miami (MIA): 5 flights and 640 seats.
Delta Air Lines: Havana (HAV) - Miami (MIA): 14 flights and 2,240 seats.
Southwest Airlines: Havana (HAV) - Tampa (TPA): 7 flights and 1,225 seats.

In the consolidated total for the month, American Airlines will have a total (round-trip) offering of 89,664 seats, Delta Air Lines will have 19,200 seats, and Southwest Airlines will have 11,550 seats.

Government Of Canada To Canadians Thinking About Visiting Cuba: "Exercise A High Degree Of Caution Due To Shortages Of Basic Necessities Including Food, Medicine And Fuel."

Cuba travel advice- Exercise a high degree of caution (with regional advisories)
Link: https://travel.gc.ca/destinations/cuba

Risk levels- Cuba - Exercise a high degree of caution

Exercise a high degree of caution in Cuba due to shortages of basic necessities including food, medicine and fuel.

Excerpts 

Outbreak Monitoring- Hepatitis A in Cuba.  There have been reported cases of hepatitis A in return travellers from Cuba.  Hepatitis A is a liver disease caused by the hepatitis A virus. It is most commonly spread when someone eats food or drinks water that contains the virus.  The best way to prevent hepatitis A is to get vaccinated. Discuss the benefits of getting vaccinated with a health care provider before you travel.  In addition to vaccination, you can reduce your risk of getting hepatitis A by taking the following precautions: Wash your hands often, especially before preparing or eating food.  Take food and water precautions, such as: avoiding ice cubes in drinks; peeling your own raw fruit and vegetables; drinking water from a safe supply, such as bottled or boiled water; eating only foods that are well-cooked unless you have prepared them yourself; Practise safer sex methods. 

Crime- Petty crime- Petty crime, such as pickpocketing and bag snatching, occurs.  Theft generally occurs in crowded places such as: tourist areas, markets, public buses, night clubs, beaches.  It can also occur in isolated areas.  Cuba has a cash-based economy. You may need to carry large amounts of cash to make larger purchases, but doing so could make you a target for theft or robbery. You should avoid showing large amounts of cash in public.  Theft from hotel rooms, particularly in private accommodations (“casas particulares”), and from cars, is common.  Always keep your personal belongings, including your passport and other travel documents, in a secure place.  Do not pack valuables in your checked luggage.  Avoid showing signs of affluence.  Keep electronic devices out of sight.  Keep a digital and a hard copy of your identification and travel documents.  Never leave belongings unattended in a vehicle, even in the trunk.   

Violent crime- Incidents of violent crime are not frequent, but assaults may occur. They mainly occur during a burglary or robbery.  Stay in accommodations with good security.  Keep your windows and doors locked at all times.  If you’re threatened by robbers, stay calm and do not resist 

Sexual assault- Incidents of sexual assault against Canadian women have occurred, including at beach resorts.  If you’re a victim of a sexual assault, you should report it immediately to the nearest Government of Canada office. You should file a report with the Cuban authorities and ensure that local police provide you with proof of complaint (“comprobante de denuncia”) confirming that a report has been filed. A criminal investigation will not be possible if no formal complaint is made to Cuban authorities before you depart the country.  Police officers may only speak Spanish.  Avoid secluded areas, even on resorts and hotel grounds.  Exercise caution when dealing with strangers or recent acquaintances.  Avoid taking public transportation or walking alone at night. 

Fraud- Overcharging- Some businesses, including taxis and classic car rentals, may try to charge exorbitant prices.  Always confirm the price before ordering or purchasing a good or service.  Do not leave an open tab.  Avoid giving your credit card to bar or restaurant staff.  Check the accuracy of your bill before paying.  Scams- Some hustlers specialize in defrauding tourists, sometimes using threats or violence. Most of them speak some English or French and go out of their way to appear friendly. They may offer to serve as guides or facilitate the purchase of cigars.  Fraudulent tour agents and taxi drivers also operate throughout the country, including at Havana’s international airport. Thefts of luggage from taxi trunks have occurred.  In bars, sex workers, including minors, may be very persistent and intrusive with tourists who refuse their advances. Foreigners, including Canadians, have been victims of theft after engaging in sexual relations, and some of them have faced child sex accusations.  Only use reputable tour operators and registered taxis.  Avoid independent street vendors.  Be wary of strangers who seem too friendly.

Power outages- Cuba experienced nationwide power outages in 2024. The electrical system is vulnerable and outages can occur suddenly. Scheduled power cuts regularly take place to conserve power, particularly outside Havana, and can last many hours.  Most large hotels and resorts use generators during power outages.  Monitor local media for the latest information.  Try to keep your phone charged.  Plan accordingly.  Shortages.  Cuba faces chronic and severe shortages of ‎basic necessities, including: food, bottled water, public water supply, medication, fuel, hard currency.  Fuel shortages affect a wide range of services. Travelling across the island is extremely challenging. Public transportation services, including taxis, are often disrupted, leaving tourists with few options to travel. Some travellers have been temporarily stranded with a rental car. There are often long line-ups at gas stations that have led to altercations.  Intermittent shortages of tap water provided by municipalities occur, including in Havana. Water shortages have affected resorts in the past. 

Spiked food, drinks and other items-  Never leave your food or drinks unattended or in the care of strangers. Avoid accepting snacks, beverages, gum or cigarettes from new acquaintances, as these items may contain drugs that could put you at risk of sexual assault and robbery. 

Telecommunications- The telecommunications network in Cuba is poor. Connections are unreliable and may be intermittent.  Canadian cell phones may not work, even in large cities. Internet access is limited across the island.  Local authorities control telecommunications. They may block access, including to social media, in case of civil unrest or before demonstrations.  Do not rely on your cell phone for emergencies, especially outside major cities.  Subscribe to and install a VPN service before leaving Canada 

Online transactions- Online banking may be challenging in Cuba. Most Cuban websites are unsecure. Many are inaccessible from outside of Cuba.  If you plan to book online, you should confirm that your hotel accepts online reservations and payments.

Potential Triple Play? Carney, Diaz-Canel, Trump Deal. U.S. Secretary Of Defense Hegseth Wants Cobalt. Cuba Has It. Settling One Libertad Act Issue. And Opening Doors?

Opportunity For Canada, Cuba, United States To Settle Libertad Act Grievance? 

U.S. Secretary Of Defense Pete Hegseth Wants 5 Million Pounds Of Cobalt.   

There Is Plenty Available Ninety-Three Miles South Of Florida.    

The Republic Of Cuba Has Cobalt Reserves Estimated At 1.1 Billion Pounds.  Fourth-Largest In The World. 

Cuba Nearer Than Current Sources Norway, Canada, Finland, Japan, Madagascar. 

Stating the obvious, the following transaction outline is remote from existing reality; perhaps even reaching the level of outlandish.   

However, the outlandish is not an orphan to country changes in government-to-government bilateral relationships.  So, might the Diaz-Canel-Valdes Mesa Administration (2018- ) have an opportunity for a trilateral commercial, diplomatic, and financial triple play

He will find the terms of the transaction to be difficult to digest, but the result could be a lessening and/or removal of some of the most onerous commercial, economic, and financial policies and regulations in place by the United States.  Likely not the removal of statutes, but what is available to the executive branch.   

That result could not only serve to resurrect all or part of the Republic of Cuba-United States bilateral relationship, but could also materially impact positively the Republic of Cuba’s bilateral relationships with the governments of countries who are creditors and companies within those countries who are creditors. 

An opportunity for an alignment of interests, even for (initially) one transaction, Mark Carney, Prime Minister of Canada (2025- ), Miguel Diaz-Canel, President of the Republic of Cuba, and Donald Trump, President of the United States (2017-2021 and 2025-2029). 

The Trump-Vance Administration (2025-2029) has authorized the United States Department of Defense (DOD) to direct the Defense Logistics Agency (DLA) Strategic Materials Contracting Directorate to contract for the delivery of 5,000,000 pounds of 99.9% pure cobalt

The Republic of Cuba has the fourth-largest known reserves of cobalt.  Toronto, Canada-based Sherritt International Corporation (2024 revenue approximately US$417 million) is the partner in the joint venture mining for nickel and cobalt in the Republic of Cuba. 

The Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury would need to issue a license authorizing any financial transaction.  The Bureau of Industry and Security (BIS) of the United States Department of Commerce would need to issue a license for the importation of any product.  The United States Department of State would need to rescind a 1994 Libertad Act Title IV determination (see further below).  Sherritt International Corporation would need to resolve any Libertad Act Title III issues with the individual/company that has evidence of “trafficking” in property for which restitution from appropriation has not been made to the original owners of the property.  Management of Sherritt International Corporation, company shareholders, institutions providing financial services to the company may embrace an opportunity to enhance shareholder value.  

The Defense Logistics Agency (DLA) Strategic Materials Contracting Directorate is seeking information on how an interested contractor could supply cobalt for a DLA Strategic Materials acquisition for addition of material into the National Defense Stockpile. For the submitted responses, please indicate whether the response is for cobalt.  

  • Proposed Buy: Cobalt metal (99.9% pure or higher) – approximately 2,500 short tons (5,000,000 lbs.).  Proposed Delivery Period: September 2025 to September 2033. 

  • The DLA wants offers for alloy-grade cobalt supplies from only three producers: units of Vale SA in Canada, Sumitomo Metal Mining Co. in Japan, and Glencore Plc’s Nikkelverk plant in Norway with proposals for fixed prices for five years.  

  • Link To Tender: SAM.gov

  • Link To Tender In PDF Format

“In 2024, United States imported US$384 million of Cobalt, being the 589th most imported product (out of 1,227) in United States.  In 2024, the main origins of United States' Cobalt imports were: Norway (US$84.8 million), Canada (US$73.9 million), Japan (US$52.6 million), Madagascar (US$47.5 million), and United Kingdom (US$44.9 million).  The fastest growing origins for Cobalt imports in United States between 2023 and 2024 were: Madagascar (US$14.9 million), France (US$4.65 million), and Indonesia (US$3.59 million).” 

Bloomberg: For many years, the DLA was a seller rather than a buyer of cobalt, as budget cuts in the 1990s and 2000s led it to sell off what had once been a giant stockpile of the metal built up during the Cold War.  For many years, the DLA was a seller rather than a buyer of cobalt, as budget cuts in the 1990s and 2000s led it to sell off what had once been a giant stockpile of the metal built up during the Cold War.  In recent years, however, securing supply chains for metals like cobalt has become a political priority, as officials seek to reduce reliance on China.  Beijing dominates processing of cobalt and other battery metals, and has built up a significant state stockpile of its own through the National Food and Strategic Reserves Administration, more commonly known as the State Reserve Bureau.  In recent years, however, securing supply chains for metals like cobalt has become a political priority, as officials seek to reduce reliance on China.  Beijing dominates processing of cobalt and other battery metals, and has built up a significant state stockpile of its own through the National Food and Strategic Reserves Administration, more commonly known as the State Reserve Bureau.” 

Libertad Act 

The Trump-Vance Administration (2017-2021) made operational Title III and further implemented Title IV of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”). 

Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.  Link To Title III Filed Lawsuit Statistics   

  • There is not a lawsuit filed against Sherritt International Corporation in United States Federal District Court using provisions of the Libertad Act.   

Title IV restricts entry into the United States by individuals (and immediate family members) who have connectivity to unresolved certified claims or non-certified claims.  One Canada-based company and one Spain-based company are currently known to be subject to this provision based upon a certified claim and non-certified claim. 

  • Since 1996, some directors and officers of Sherritt International Corporation, and immediate family members, have been blocked from entering the United States do to company operations in the Republic of Cuba on property potentially subject to Title III of the Libertad Act.  

Sherritt International Corporation “is a world leader in using hydrometallurgical processes to mine and refine nickel and cobalt – metals deemed critical for the energy transition. Sherritt’s Moa Joint Venture has an estimated mine life of approximately 25 years and is advancing an expansion program focused on increasing annual mixed sulphide precipitate production by approximately 20% of contained nickel and cobalt. The Corporation’s Power division, through its ownership in Energas S.A., is the largest independent energy producer in Cuba with installed electrical generating capacity of 506 MW, representing approximately 10% of the national electrical generating capacity in Cuba. The Energas facilities are comprised of two combined cycle plants that produce low-cost electricity from one of the lowest carbon emitting sources of power in Cuba. Sherritt’s common shares are listed on the Toronto Stock Exchange under the symbol “S”.” 

“Sherritt manages its metals, power, and oil and gas operations through different legal structures including 100%-owned subsidiaries, joint arrangements and production-sharing contracts. With the exception of the Moa Joint Venture, which Sherritt operates jointly with its partner, Sherritt is the operator of these assets.”  

“COBALT 

In Q2 2025, Argus Chemical Grade cobalt price closed at US$17.50/lb, unchanged from Q1 2025. The average cobalt price increased to US$17.50/lb during the quarter from US$12.77/lb in Q1 2025.  Refined cobalt prices have surged since February, driven by the Democratic Republic of the Congo (“DRC”)’s unexpected four-month export ban, which was extended in June by an additional three months to September 2025. The move reversed prior negative market sentiment, pushing prices up over 50%. A potential shift to a quota system is being considered as the DRC seeks to support prices by limiting exports and strengthening artisanal mining working conditions. While government officials have expressed a commitment to maintaining a balanced market, and any further measures such as additional controls or quotas would continue to offer price support, a sustained recovery is likely to be gradual amid intrinsic oversupply.   

Despite global headwinds, battery adoption is expanding across consumer electronics, with rising capacities driven by AI-related power needs (2). China's EV market remains strong, supported by affordability, policy incentives, and resilient consumer demand, although lithium-ion-phosphate (“LFP”) batteries, which contain no nickel or cobalt, are a growing portion of this market. Europe is projected to see 15% EV growth in 2025, while the U.S. is expected to grow by 6%. However, tariffs, rising costs, and the phase-out of tax credits could weigh on overall EV demand and consequently cobalt demand. Similar “tariff regions” in supply chains could develop for cobalt following the G7 pronouncements in June on critical minerals supply.  

Cash in Cuba is denominated in Cuban pesos (“CUP”) and not exchangeable into other currencies unless sufficient foreign currency reserves exist in Cuba and is primarily held by Energas for use locally by the joint operation. To facilitate the conversion of CUP to Canadian dollars, the Corporation has in place the Moa Swap, which facilitates the payment of the Canadian equivalent of approximately US$50.0 million annually from the Moa JV to Energas, which Energas uses to facilitate foreign currency payments in support of the business and to pay dividends to the Corporation in Canada. In addition, the Corporation has in place the Cobalt Swap under which the Corporation receives finished cobalt and cash in Canadian dollars from the Moa JV as repayment of the GNC receivable. Energas, in turn, pays an equivalent amount to GNC in CUP under the Energas payable. The Moa JV is not directly exposed to significant risk related to the CUP, as it receives major foreign currencies from the sale of nickel and cobalt to customers outside of Cuba. 

RISKS RELATED TO SHERRITT’S OPERATIONS IN CUBA 

The Corporation directly or indirectly holds significant interests in mining, metals processing and the generation of electricity in Cuba. The operations of the Cuban businesses and the ability of the Cuban Government to fulfil payment obligations to the Corporation, as well as the provision of goods and services to the Cuban businesses may be affected by economic and other pressures on Cuba. Additionally, the continued general economic decline in Cuba could have an impact on the Corporation and the Cuban businesses. Risks include, but are not limited to, fluctuations in official or convertible currency exchange rates, access to foreign currency, repatriation of foreign currency, and high rates of inflation. In addition, Cuba has experienced increased hardships as a result of the impact of COVID-19 and continued U.S. sanctions, impacting the country’s tourism and other industries, hampering the country’s foreign currency liquidity and resulting in prolonged border closures, fuel, food and medicine shortages, electricity outages, skilled worker retention and shortages, and sporadic civil demonstrations. The first President Trump administration increased its sanctions against Cuba and its trading partners and these measures had an adverse impact on Cuba and its economy, as well as its ability to conduct international trade. In addition, with resulting additional adverse impacts, on January 12, 2021, that administration designated Cuba as a State Sponsor of Terrorism. While the now former U.S. administration of President Biden announced on January 14, 2025 that it would remove Cuba from the State Sponsor of Terrorism list, this decision was revoked by President Trump a few days later, on January 20, 2025, the first day of his second administration. On June 30, 2025, the Trump administration released a National Security Presidential Memorandum (“NSPM”) reaffirming its hardline stance towards Cuba, outlining a strengthened sanctions framework aimed at curbing Cuba’s access to international financing and restricting entities engaging in trade or investment in Cuban state-run industries. These measures that require further implementation from the U.S. administration signal a continuation of the administration’s policy to isolate Cuba economically and politically and may escalate the risks related to Sherritt’s operations in Cuba. Changes in regulations and political attitudes are beyond the control of Sherritt and may adversely affect its business. Operations may be affected in varying degrees by such factors as Cuban Government regulations with respect to currency conversion, repatriation of foreign currency, production, project approval and execution, price controls, import and export controls, income taxes or reinvestment credits, expropriation of property, environmental legislation, land use, water use and mine and plant safety. Cuba may also be adversely impacted by risks associated with the imposition by other countries globally of additional economic restrictions or sanctions, or the indirect impact on Cuba of sanctions imposed on other countries (such as Russia and Belarus, for example) that could have a material adverse effect on Cuba or on Sherritt’s ability to operate in Cuba.  Sherritt is entitled to the benefit of certain assurances received from the Government of Cuba and certain agencies of the Government of Cuba that protect it in many circumstances from adverse changes in law, although such changes remain beyond the control of the Corporation and the effect of any such changes cannot be accurately predicted.  For further information on the risks related to Sherritt’s operations in Cuba, refer to the Corporation’s 2024 Annual Information Form. 

RISKS RELATED TO U.S. GOVERNMENT POLICY TOWARDS CUBA 

The United States has maintained a comprehensive embargo against Cuba since the early 1960s, and the enactment in 1996 of the Cuban Liberty and Democratic Solidarity (Libertad) Act (commonly known as the “Helms-Burton Act”) extended the reach of the U.S. embargo.  The U.S. Embargo In its current form, apart from the Helms-Burton Act, the embargo applies to most transactions or dealings directly or indirectly involving Cuba, its government, Cuban entities, goods derived from Cuban-origin, and Cuban nationals, and it bars all persons subject to the jurisdiction of the United States from participating or facilitating in such transactions or dealings unless authorized under general or specific licenses issued by the U.S. Department of the Treasury (“U.S. Treasury”). Persons “subject to the jurisdiction of the United States” include U.S. citizens and U.S. lawful permanent residents, regardless of where they reside or by whom they are employed; legal entities organized under U.S. laws; and entities wherever located that are owned or controlled by any of the foregoing; as well as individuals and entities located in the United States. The embargo also targets transactions or dealings directly or indirectly involving entities deemed to be owned or controlled by Cuba, including entities owned or controlled by the Cuban government, by entities organized under the laws of Cuba, or by Cuban nationals. Additionally, the embargo applies to persons and entities designated by the U.S. Treasury as specially designated nationals (“SDNs”) pursuant to the U.S. embargo against Cuba. The three entities constituting the Moa Joint Venture in which Sherritt holds an indirect 50% interest have been designated as SDNs by the U.S. Treasury. Sherritt, however, is not an SDN. The U.S. embargo generally prohibits persons subject to the jurisdiction of the United States from engaging in transactions or dealings involving the Cuban-related businesses of the Corporation and may in certain circumstances restrict the ability of persons subject to the jurisdiction of the U.S. from engaging in transactions with Sherritt more generally. Furthermore, goods, technology and software (“items”) that are subject to U.S. jurisdictions, including U.S.-origin items, non-U.S. items that include more than 10% U.S.-origin content by value, and certain non-U.S. direct products of specified U.S. technology or software, cannot under U.S. law be exported, re-exported, or otherwise supplied to Cuba or used in the Corporation’s operations in Cuba. Additionally, the U.S. embargo generally prohibits imports into the United States of Cuban-origin goods, goods located in or transported from or through Cuba, or foreign goods made or derived, in whole or in part, from goods derived from Cuban-origin, including Cuban nickel and cobalt.  In 1992, Canada issued an order pursuant to the Foreign Extraterritorial Measures Act (Canada) to block the application of the U.S. embargo under Canadian law to Canadian subsidiaries of U.S. entities. However, the U.S. embargo limits Sherritt’s access to U.S. capital, financing sources, customers, and suppliers. Persons subject to the jurisdiction of the United States are advised to consult their independent advisors before acquiring common shares of Sherritt.” 

Links To Related Analyses 

Will Cuba See Another Mineral Export Become Less Valuable As Battery Technology Develops? While Diaz-Canel Administration Continues To Strangle Re-Emerging Private Sector. November 07, 2024 

Hesitant To Engage With Cuba? Read Second Paragraph Of Forward-Looking Statements In Sherritt International Corporation's Cuba Impact Statement. Cringeworthy For Legal Counsel October 29, 2024 

Government Of Cuba Revenues, Shareholders In Canada's Sherritt International Corporation Will Suffer From Low Nickel, Cobalt, Lithium Prices Expected In 2024. Cuba Consistently Owes Sherritt Money. December 29, 2023 

Cuba Has Nickel And Cobalt. Vehicle Electric Batteries Use Nickel And Cobalt. Cuba Should Benefit.  September 25, 2021   

Cuba Owes Partner Canada's Sherritt International Corporation Tens Of Millions Of US Dollars. But, Both Cuba & Patient Company (And Shareholders) Anticipate Profitable Role With Electric VehiclesJuly 03, 2021   

Media References 

Bloomberg (7 November 2024): The world’s No. 1 cobalt miner is sounding the alarm over the rapidly shrinking role of the metal in the energy transition. The reason is the adoption of cobalt-free lithium iron phosphate, or LFP, batteries gaining momentum in recent years because they are cheaper to manufacture. Chinese company CMOC’s bearish view of the market comes amid a glut of the metal that’s been largely created by its expansion of two huge copper-cobalt mines in the Democratic Republic of Congo. 

London, United Kingdom-based NS Energy: Cuba- 500,000 tonnes: Around 7% of the world’s cobalt reserves are based in Cuba, estimated by the United States Geological Survey (USGS) at 500,000 tonnes.  The country ranks fifth among the world’s largest cobalt-producing countries, with national output in 2020 of around 3,600 tonnes.  Most of Cuba’s cobalt reserves are based in the east of the island in the Moa region, and are primarily extracted alongside nickel, which is a major mining business in Cuba.  A joint venture between Canadian miner Sherritt International and General Nickel Company of Cuba produces the metal via open pit mining at deposits in Moa. 

Financial Times
London, United Kingdom
20 July 2018 

Panasonic cuts ties with supplier over Cuban cobalt fears
Japanese group concerned materials in its batteries for Tesla could fall foul of US sanctions

Panasonic has suspended ties with a Canadian supplier amid concerns that Cuban cobalt, a target of US sanctions, was used in batteries it supplied for Tesla’s electric vehicles.  

The Japanese battery supplier said on Friday it did not know how much Cuban cobalt was ultimately used in the lithium ion batteries it supplied to the US market for Tesla “due to commingling of sources by its suppliers in several phases of manufacturing processes”.

The company declined to identify its Canadian supplier but a person with knowledge of Panasonic’s supply chain identified the company as Sherritt International. The Canadian company produces cobalt at the Moa mine in Cuba through a joint venture with the Cuban state-owned General Nickel Company. Sherritt declined to comment.  

Panasonic said the suspension of ties was a precautionary measure following guidance from the US Treasury’s Office of Foreign Assets Control over the scope of the US ban on Cuban-origin imports, which dates back to 1960. Tesla said it had been informed by Panasonic that a small portion of Model S and Model X batteries may contain trace amounts of cobalt from Sherritt. Only some vehicles produced after February 2018 are affected, and there is no impact on battery cells produced at its gigafactory in Nevada, including for its mass-market Model 3 cars. Panasonic’s move, which was first reported by Reuters, comes as Tesla and other carmakers scramble to secure supplies for an ambitious rollout of electric cars.  

The price of cobalt, more than half of which comes from the Democratic Republic of Congo, has more than doubled over the past year. It will be increasingly difficult for carmakers to meet their targets without using more cobalt from the DRC, according to Gavin Montgomery, an analyst at consultancy Wood Mackenzie in London. “To reach these kinds of aspirations in terms of gigafactory volumes [of Tesla batteries], it’s going to be a struggle using existing mines or feedstocks,” Mr Montgomery said. “Everyone is going to have to rely on the DRC for cobalt one way or the other.” One consultant who works closely with big companies throughout the electric vehicle supply chain said that it was “surprising” that Panasonic had only now realised that its batteries may contain Cuban cobalt, but added that Sherritt was not a major supplier to the company.  

About 4 per cent of global cobalt mined production came from Cuba last year, according to Darton Commodities. Another Tokyo-based expert in the EV supply chain, who is a specialist in cobalt, said that while Japanese companies did not normally use Cuban cobalt — and it was in any case a small component of the Japanese EV supply chain — some certainly did so. Caspar Rawles, a London-based analyst at Benchmark Mineral Intelligence, said Panasonic would probably be able to tap into its wide range of suppliers and internal stocks to plug the gap from the suspended Sherritt supply.  

“Negotiation season for long-term raw material supply contracts is just around the corner and Panasonic can replace inventory in this period to meet the needs of their Tesla obligations, so it is less likely that they will need to source additional material from the spot market,” Mr Rawles said. The supply issue came to light as both Tesla and Panasonic, its exclusive battery supplier, are working to develop cobalt-free batteries to cut their reliance on the metal.  

Yoshio Ito, the head of Panasonic’s automotive business, recently said it would aim to halve the use of cobalt for the type of automotive batteries used for Tesla’s EVs in two to three years. “We have already achieved this at the research and development level,” Mr Ito told reporters in Tokyo. He declined to provide a timeline for the mass production of such batteries, saying safety and quality assurances would take time. In a statement on Friday, Tesla reiterated that the company was “aiming to achieve close to zero usage of cobalt in the near future”.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Member Of United States House Of Representatives "Demands" Investigation Of South Florida Companies Exporting Products And Providing Services To Cuba

“WASHINGTON, D.C. (21 August 2025) – Today, Congresswoman María Elvira Salazar (FL-27) sent a letter to Secretary of State Marco Rubio and Treasury Secretary Scott Bessent demanding an investigation into companies in South Florida that may be attempting to evade U.S. sanctions on the Cuban communist regime.

"My constituents want their government to look into this flaunting of the law." said Rep. Salazar. “We cannot permit possible accomplices of tyranny to enrich themselves at the expense of the Cuban people’s struggle for freedom. Every dollar that slips through sanctions undermines U.S. policy and strengthens the hand of oppressors in Havana." 

Background

In Cuba’s totalitarian system, nothing enters or leaves the island without the regime taking its cut. U.S. law strictly prohibits American tourism and commercial dealings with the dictatorship. Recent complains indicate that some newly established companies in South Florida may be using services such as “tourism packages,” “logistics,” door-to-door shipping, and car sales as potential vehicles to sidestep sanctions. If confirmed, these activities would directly undermine U.S. policy designed to cut off resources to the regime.

Reports also suggest that some of the companies’ founders may be linked to individuals close to the Cuban regime. For example, Jorge Javier Rodríguez Cabrera, recently detained by U.S. Immigration and Customs Enforcement, was identified as a close associate of one of Raúl Castro’s grandchildren. These developments raise serious concerns about whether such businesses are being used, knowingly or unknowingly, to provide the dictatorship with a financial lifeline it does not deserve.

The Congresswoman has urged the administration to fully investigate these companies and take appropriate enforcement action if violations are confirmed. 

You can read the full letter here.”

What Do Beijing, Hanoi, Minsk, Moscow Have In Common? Collective Private Disdain With Increasing Public Seepage Toward Havana.

What Do Beijing, Hanoi, Minsk, Moscow Have In Common?  Collective Private Disdain With Increasing Public Seepage Toward Havana.

A visit to four capitals during the last two months reveals an inescapably and more so tragic consistency- political leadership, both appointed and elected, and company leadership, privately-owned, publicly-owned, and government-operated, view the commercial, economic, financial, political, and societal leadership of the government of the Republic of Cuba with derision, disappointment, disgust, and disdain. 

Individual comments (abbreviated) from Beijing (People’s Republic of China), Hanoi (Socialist Republic of Vietnam), Minsk (Republic of Belarus), and Moscow (Russian Federation): “Sick of them…  They do nothing to help themselves…  Only complain and beg for assistance…  Of utmost concern, some of them genuinely believe that we like them…  We can barely tolerate them…  Whenever a pending delegation from Havana, it’s a collective eyeroll throughout the building…  They have no dignity…  Seeking 180-day and 360-day payment terms is not a confidence builder… Always some convoluted payment scheme… Blaming United States for everything gets old quickly- like a baby’s diaper… A business transaction means we sell, and they buy, or we buy, and they sell; problem is they never provide a simple transaction.  It’s always convoluted- and means we will likely never get paid- unless our government bails them out.  They think Fidel still lives and that we care.”   

One country official with considerable postings in the United States, offered a theatre-goer observation: “The Cubans are like Willy Loman in [the play] Death of a Salesman and any of the real estate salesmen characters in [the play] Glengarry Glen Ross.  They are always waiting for the next moment, the next deal; when they will be solvent.  Just give them another year to pay, another US$100 million and they can turn everything around.  We know how both plays ended.” 

With the announcement of a delegation arriving from the Republic of Cuba there is the same anticipatory perspectives commonplace throughout offices in Beijing, Hanoi, Minsk, and Moscow.   

The almost identical responses could come from a cellular device’s predictive typing feature.  Protocol officials could also reach out to ChatGPT and its use artificial intelligence to find the same result.  Another begging tour is about to begin where the beggar will not offer anything to help it transition from begging to giving, a strategy to transition from survival to prosperity.  And, the host country will probably have to pay for the expenses and the jet fuel of the Venezuela-registered aircraft transporting the delegation.  

There are two faces- the one on display when heads of state meet, ministers of foreign affairs meet, when delegations meet.  These smiling faces thinly project like an inexpensive veneer, profiles of comradery, cooperation, defense, forgiveness, friendship, opportunity, partnership, solidarity, and support

The other face manifests itself when doors are closed and the subject becomes repayment of debts, refusal by the Diaz-Canel-Valdes Mesa Administration (2018- ) to implement- and then retain changes to policies, regulations, and statutes impacting direct foreign investment (DFI), banking, and the re-emerging private sector.  This not-so-smiling face is represented by the words bewilderment, deadbeat, disgust, frustration, embarrassment, and lack of self-respect

The most dramatic recent moment of seepage of the private into public was during the 18 June 2025 to 21 June 2025 annual St. Petersburg International Economic Forum (SPIEF).  Public statements from officials of the government of the Russian Federation:   

  • First challenge is the 20% interest rate [for loans] in Russia, so [Russian Federation-based] investors have an issue… In Cuba, the United States Dollar exchange rate has an official rate of 25 Pesos and a real [market] rate of 125 Pesos [18 June 2025 actual unofficial rate 378 Pesos].  We advise clients to use market rates.  No ownership rights is another put off for investors.  Investors are afraid because they don't know if they will be able to repatriate their money.” 

  • We love each other, we praise each other.  We need to be realistic.  Rather than saying something, need to do something.” 

  • “… need to focus on entrepreneurs and developing entrepreneurs with Russia.” 

During [Fidel] Castro-[Raul] Castro Administration (1976-2008), there was a belief that the worst punishment to be inflicted upon the Republic of Cuba was to ignore it.  Being irrelevant for President Castro was a sentence, brief or enduring, that he could not accept.  When he believed irrelevance was creeping too near to Havana’s waterfront, he would unleash oratory and implement decisions returning both him and the archipelago to the front pages of newspapers throughout the world.  He is dead now.  He took his skill set with him.  If he left instructions, his successors have not found them and if they have them have been incapable of following them

One critical element to the strategies of President Fidel Castro was in his engagement with the United States business community to view everything as a challenge.   

If there was a proposal from the United States private sector and his team (or bureaucrats within the Ministry of Foreign Affairs and Ministry of Foreign Trade) argued that it was a trojan horse for destabilization, or a sophisticated (or not) exercise crafted in offices at the Central Intelligence Agency (CIA) in Langley, Virginia, and/or the Federal Bureau of Investigation (FBI) in Washington DC., President Castro would respond, to paraphrase- “OK, let’s say all of you are correct.  Then take what they are hoping to achieve and turn it to our advantage.”   

That’s precisely the reasoning President Castro approved the request for Westport, Connecticut-based PWN Exhibicon International LLC to organize (under a license from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury) the U.S. Food & Agribusiness Exhibition held at the Palacio de Convenciones de la Habana (Pabexpo) in the city of Havana, Republic of Cuba, from 26 September 2002 through 30 September 2002.  That gathering brought to Havana 923 representatives of United States-based companies.  President Castro hosted them at a gala dinner. 

Today in Havana, officials demonstrate a genetically incapacity of seeing anything crafted in Virginia or Washington or New York as a challenge to embrace.  They search for a lantern, find one, rub it intensely, make a wish, and wait for an answer- which never arrives.  Logic would suggest seeking a new lantern.   

Today, the Republic of Cuba is irrelevant and there is no one in Havana who demonstrates a formidable desire to alter that trajectory. 

Until the government of the Republic of Cuba institutionalizes and maintains commercial, economic, and financial policies, regulations, rules, and statutes, it will never capitalize from any of them

The government reflects a man-child who stubbornly maintaining a position, invoking a tantrum at the thought of change, with a result where everyone believes it a chronically-underperforming deadbeat dad. 

Success will not derive from admitting mistakes and then seeking only solutions which are designed to make what had not worked somehow work rather than seeking fresh solutions and changing what has only survived due to other people- taxpayers in other countries, paying for it.  

Manuel Marrero Cruz, Prime Minister of the Republic of Cuba, acknowledged “internal difficulties, mistakes, and deficiencies… does not mean that we fold our arms or that we attribute all problems to the blockade [embargo].”  This is not the first occasion for an official of the government of the Republic of Cuba to issue such a statement.  History strongly suggests that the statement will be followed by another statement. 

In May 2022, the Biden-Harris Administration (2021-2025) authorized the first direct investment and direct financing into a privately-owned company owned by a Republic of Cuba national and located in the Republic of Cuba.  This decision was designed to shift the arrival of funds from unofficial channels to a formal and transparent process- and demonstrably increasing the engagement by the re-emerging private sector in the Republic of Cuba with sources of capital located in the United States.  

The expectation was for the government of the Republic of Cuba to immediately, or at least soon thereafter, issue the regulations required so the funds would be delivered.  Thus far, more than three years later, those regulations have yet to be published.  Absent regulations, sources of capital in every country are subjected to the same foundational restriction- no legal framework to deliver direct investment and direct financing into a privately-owned company located in the Republic of Cuba.  That restriction impacts Belarus, China, Russia, Spain, Vietnam, among other countries.  So much for the government of the Republic of Cuba for embracing change- particularly change that would enable it to pay what it owes.       

For the United States business community, the last years of sustained optimism reflected by senior-level executives traveling regularly to the Republic of Cuba, those same senior-level executives eager to be interviewed by media, using their general aviation aircraft when permitted, was the period 1994 through 2008 during the [Fidel] Castro-[Raul] Castro Administration (1976-2008). 

The interest has continued to decline, albeit on a gradual downward trajectory, during the [Raul] Castro-Machado Ventura Administration (2006-2018), with an uptick from 2015 and 2016, and then accelerated its decline during the Diaz-Canel-Valdes Mesa Administration (2018- ) which coincided with the Trump-Pence Administration (2017-2021).   

Neither the Castro-Machado Ventura Administration nor Diaz-Canel-Valdes Mesa Administration embraced fully commercial opportunities authorized during the Obama-Biden Administration (2009-2017) and during the Biden-Harris Administration.  There were lasting and consequential consequences for that resistance.   

Welcome to the Trump-Vance Administration (2025-2029).   

Link: Paris Club Of Creditor Nations Reported To Propose New Repayment Schedule For Cuba Which Has Not Maintained A Previous 76% Write-Off From 2015. August 31, 2023 

Link: Cuba Reported In New Agreement With Paris Club "Group Of Creditors Of Cuba" To Restructure Defaulted Payment Terms. Previously Forgave 75% Of Debt. Officials Expect Further Defaults. October 21, 2021

Link To Complete Analysis In PDF Format

GAESA Papers, If True, Create Questions For Companies, Governments, Taxpayers (Fortunately Not U.S. Taxpayers).  Has Cuba Lied About Its Ability To Pay What It Owes?

GAESA Papers, If True, Create Questions For Companies, Governments, Taxpayers (Fortunately Not United States Taxpayers).   

Has Cuba Lied About Its Ability To Pay What It Owes?  

Accountants, analysts, economists, and executives who believe genuine the financial statements for Grupo de Administración Empresarial S.A. (GAESA) published by The Miami Herald have questions.  Among those questions:  

  • What do the financial statements represent?   

  • Are they illustrative of a complex and necessary commercial structure?  

  • Are they illustrative of a pathological determination to deceive, disguise value, and avoid paying what the government of the Republic of Cuba and Republic of Cuba government-operated companies owe to governments and to companies?   

What is true- the credibility of statements by officials of the government of the Republic of Cuba and executives of Republic of Cuba government-operated companies are in question, particularly to those governments (and their taxpayers) owed substantial and long overdue monies.   

For executives and owners and shareholders of companies who routinely provide to Republic of Cuba government-operated companies payment terms of 180-days, 360-days, and longer, they now have more questions than they usually have relating to monies owed.  

According to documents published by The Miami Herald, in March 2024, GAESA had US$14.467 billion deposited in unidentified financial institutions, representing approximately 76% of its liquidity.  GAESA reported 2024 first quarter net profits of approximately US$2.1 billion compared with US$7.2 billion during the first eight months of 2023. 

For creditors of the government of the Republic of Cuba, for creditors of Republic of Cuba government-operated companies, and for management of Republic of Cuba government-operated companies who informed by the Central Bank of the Republic of Cuba that there are no monies to pay what is owed, the publication of the GAESA Papers results in many questions.  Two in particular:   

  • Have successive governments of the Republic of Cuba lied to those to whom it owes?   

  • Does the Diaz-Canel-Valdes Mesa Administration (2018- ) control the resources of GAESA? 

A significant note:  Since December 2001, within provisions of the Trade Sanctions Reform and Export Enhancement Act (TSREEA), United States-based agricultural commodity exporters and food product exporters have received on a cash-in-advance basis required by the statute approximately US$8 billion in payments from Republic of Cuba government-operated entities.

Link: U.S. Ag/Food Exports Increased 10% In May 2025; Up 15.5% Year-To-Year; First Export Of Enzymes (US$13,498.00); US$12.1 Million In Used Vehicles August 08, 2025 

  • Shareholders of Toronto, Canada-based Sherritt International Corporation which reports accounts receivable of approximately US$100 million from Republic of Cuba government-operated entities have questions. 

  • Shareholders in Palma de Mallorca, Spain-based Melia Hotels International S.A., with 2,338 rooms under management in the Republic of Cuba have questions.  From 1 January 2025 through 30 June 2025, the company reported 927 rooms disaffiliated.  The company has thirty-three properties under management with two in the pipeline.  Maintenance on properties owned by Republic of Cuba government-operated companies continue to be delayed and service quality continues absent consistency. 

  • Taxpayers in Spain have questions about the decision by the government of Spain to implement a debt conversion program valued at approximately US$400 million in place of monies owed to the government of Spain (taxpayers) and to Spain-based companies by the government of the Republic of Cuba and Republic of Cuba government-operated companies.   

The government of the Republic of Cuba has not adhered to agreed upon payments amounting to billions of dollars despite repeated debt rescheduling including to Canada, China, Japan, Mexico, Russia, and Vietnam.  Non-Republic of Cuba-based companies are owed hundreds of millions of dollars with Republic of Cuba government-operated companies continuing to seek repayment discounts and repayment rescheduling.  

Link: Cuba Reported In New Agreement With Paris Club "Group Of Creditors Of Cuba" To Restructure Defaulted Payment Terms. Previously Forgave 75% Of Debt. Officials Expect Further Defaults. October 21, 2021 

Link: Paris Club Of Creditor Nations Reported To Propose New Repayment Schedule For Cuba Which Has Not Maintained A Previous 76% Write-Off From 2015. August 31, 2023

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

U.S. Ag/Food Exports Increased 10% In May 2025; Up 15.5% Year-To-Year; First Export Of Enzymes (US$13,498.00); US$12.1 Million In Used Vehicles

ECONOMIC EYE ON CUBA©
August 2025

June 2025 Ag/Food Exports To Cuba Increase 10.0% - 1
49th Of 221 June 2025 U.S. Food/Ag Export Markets- 2
Cuba Ranked 55th Of 221 U.S. Ag/Food Export Markets - 2
June 2025 Healthcare Product Exports US$0.00 - 2
June 2025 Humanitarian Donations US$14,485,557.00 - 3
Obama/Trump/Biden Administration Initiatives Product Exports Continue To Increase - 3
U.S. Port Export Data- 19


JUNE 2025 FOOD/AG EXPORTS TO CUBA INCREASE 10.0%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in June 2025 were US$38,427,114.00 compared to US$34,916,865.00 in June 2024 and US$37,071,007.00 in June 2023. 

US$243,356,096.00 for the period January 2025 through June 2025 compared to US$210,628,425.00 for the period January 2024 through June 2024, representing an increase of 16.6% year-to-year representing an increase of 15.5%.

Highlights: Marble, Travertine And Alabaster (US$23,521.00), Enzymes (US$13,498.00), Basmati Rice (US$128,00.00), Bib & Brace Overalls (US$19,500.00), Wire Working Machines (US$12,000.00), Solar Cells (US$43,500.00), Used Vehicles (US$12,153,265.00), Motorcycles (US$1,945.051.00), Bicycles (US$22,160.00

Since 2023, Obama-Biden Administration, Trump-Pence Administration, and Biden-Harris Administration initiatives cumulative export value exceeds US$155,000,000.00 of which electric and gasoline-powered new and used vehicles, including trucks, motorcycles and mopeds, bicycles, and parts, cumulative total value on track to exceed US$170,000,000.00 (January through June 2025: US$34,608,262.00; 2024: US$67,241,234.00; 2023: US$10,546,419.00) by the end of 2025 and purchases (equipment and products) for use by the re-emerging private sector in the Republic of Cuba driving the growth.

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

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

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA, CDA, and other regulations, specifically including products exported from the United States to the re-emerging private sector in the Republic of Cuba.

The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

LINK TO COMPLETE REPORT IN PDF FORMAT

U.S. PORT EXPORT DATA

LINK TO COMPLETE LIST OF PRODUCTS IN 2024 EXPORTED FROM THE UNITED STATES TO CUBA

LINK TO COMPLETE LIST OF PRODUCTS IN 2023 EXPORTED FROM THE UNITED STATES TO CUBA

11th Circuit Court Of Appeals Orders Florida District Court To Continue Cuba Libertad Act Lawsuit Against American Airlines For Use Of Havana Airport

JOSE RAMON LOPEZ REGUEIRO V. AMERICAN AIRLINES INC. AND LATAM AIRLINES GROUP, S.A. [1:19-cv-23965; Southern Florida District].  Dismissed with prejudice on 6/30/22

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Jones Day (defendant)
Akerman (defendant)

In the United States Court of Appeals For the Eleventh Circuit No. 23-12568.

JOSÉ RAMÓN LÓPEZ REGUEIRO, versus AMERICAN AIRLINES, INC., LATAM AIRLINES GROUP, S.A., Plaintiff-Appellant, Defendants-Appellees.  Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:19-cv-23965-JEM

“The district court’s order dismissing the case is vacated, and the case is remanded for further proceedings consistent with this opinion.”

LINK To Decision

Plaintiffs Oppose Expedia Motion For New Cuba Services Trial Where Jury Awarded US$29.85 Million

Link: ECHEVARRÍA’S OPPOSITION TO DEFENDANTS’ MOTION FOR NEW TRIAL (7/31/25)

07/31/2025- RESPONSE in Opposition re 514 Defendant's MOTION for New Trial or Alternatively, Suggestion of Remittitur filed by Mario Echevarria. Replies due by 8/7/2025. (Rivero, Andres) (Entered: 07/31/2025)

07/31/2025- RESPONSE in Opposition re 513 Renewed MOTION for Judgment as a Matter of Law filed by Mario Echevarria. Replies due by 8/7/2025. (Rivero, Andres) (Entered: 07/31/2025)

07/28/2025- PAPERLESS ORDER granting 515 Joint Motion for Leave to Exceed Page Limits for Opposition and Reply Briefs. Signed by Judge Federico A. Moreno on 7/28/2025. (ms04) (Entered: 07/28/2025)

07/23/2025- Joint MOTION for Leave to File Excess Pages for Opposition and Reply Briefs by Mario Echevarria. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 07/23/2025)

07/14/2025- Defendant's MOTION for New Trial or Alternatively, Suggestion of Remittitur by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Exhibit Ex. 1 - Chart of booking date)(Perez, Lorayne) (Entered: 07/14/2025)

07/14/2025- Renewed MOTION for Judgment as a Matter of Law by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 07/14/2025) 

Expedia Owes US$29.85 Million From First Jury Decision In Libertad Act Lawsuit For "Trafficking" In Expropriated Cuba Asset. April 19, 2025

Cuba: U.S. Agricultural Commodity/Food Product Exports Increased 7.6% In May 2025; Up 16.6% Year-To-Year

ECONOMIC EYE ON CUBA©
July 2025

May 2025 Ag/Food Exports To Cuba Increase 7.6% - 1
49th Of 223 May 2025 U.S. Food/Ag Export Markets- 2
Cuba Ranked 47th Of 223 U.S. Ag/Food Export Markets - 2
May 2025 Healthcare Product Exports US$52,281.00 - 2
May 2025 Humanitarian Donations US$10,783,073.00 - 3
Obama/Trump/Biden Administration Initiatives Product Exports Continue To Increase - 3
U.S. Port Export Data- 19

MAY 2025 FOOD/AG EXPORTS TO CUBA INCREASE 7.6%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in May 2025 were US$37,243,858.00 compared to US$34,611,474.00 in May 2024 and US$25,514,586.00 in May 2023. 

US$204,928,982.00 for the period January 2025 through May 2025 compared to US$175,711,560.00 for the period January 2024 through May 2024, representing an increase of 16.6% year-to-year.

Highlights: US$1,359,638.00 in motorcycles. US$7,357,388.00 in milk powder.

Since 2023, Obama-Biden Administration, Trump-Pence Administration, and Biden-Harris Administration initiatives cumulative export value exceeds US$140,000,000.00 of which electric and gasoline-powered new and used vehicles, including trucks, motorcycles and mopeds, and parts, cumulative total value will exceed US$115,000,000.00 (January through May 2025: US$20,562,661.00; 2024: US$67,241,234.00; 2023: US$10,546,419.00) by the end of 2025 and purchases (equipment and products) for use by the re-emerging private sector in the Republic of Cuba driving the growth.

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

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

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA, CDA, and other regulations, specifically including products exported from the United States to the re-emerging private sector in the Republic of Cuba.

The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

LINK TO COMPLETE REPORT IN PDF FORMAT

U.S. PORT EXPORT DATA

LINK TO COMPLETE LIST OF PRODUCTS IN 2024 EXPORTED FROM THE UNITED STATES TO CUBA

LINK TO COMPLETE LIST OF PRODUCTS IN 2023 EXPORTED FROM THE UNITED STATES TO CUBA

OFAC Fines Interactive Brokers LLC US$11.8 Million For Violations Multiple Countries, Including Cuba. Potential Fine Could Have Been US$5.2 Billion.

Enforcement Release: July 15, 2025

Interactive Brokers LLC Settles with OFAC for $11,832,136 Related to Apparent Violations of Multiple Sanctions Regulations

Interactive Brokers LLC (IB), a Greenwich, Connecticut-based global electronic broker-dealer providing brokerage and investment services to millions of customers worldwide through its online brokerage platform, has agreed to pay the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) $11,832,136 to settle its potential civil liability for apparent violations of multiple OFAC sanctions programs. From July 15, 2016 to January 31, 2024, IB provided brokerage and investment services to persons in Iran, Cuba, Syria, and the Crimea region of Ukraine (“Crimea”), processed trades in securities subject to the Chinese Military-Industrial Complex program, conducted transactions involving blocked persons under OFAC’s Russia, Global Magnitsky, Venezuela, and Syria sanctions programs, and engaged in new investment in the Russian Federation.  The settlement amount reflects OFAC’s determination that the apparent violations were non-egregious and voluntarily self-disclosed. The settlement amount further reflects the significant remedial measures IB implemented upon discovery of the apparent violations and the substantial cooperation IB provided over the course of an extensive, multi-year OFAC investigation.

LINK TO OFAC ENFORCEMENT DECISION IN PDF FORMAT

Trump-Vance Administration Adds Hotels To Cuba Restricted List

United States Department of State
Washington DC
11 July 2025

“In addition, the Department is updating the Cuba Restricted List and the Cuba Prohibited Accommodations List to include 11 regime-linked properties, including the new 42-story “Torre K” hotel, to prevent U.S. funds from reaching the island’s corrupt repressors.”

Grand Aston La Habana Effective July 14, 2024
Iberostar Selection La Habana Effective July 14, 2024
also “Torre K” Effective July 14, 2024
INNSiDE Habana Catedral Effective July 14, 2024
Varadero Sol Caribe Effective July 14, 2024
also Gran Muthu Cayo Santa María Effective July 14, 2024
also Roc Casa del Mar Effective July 14, 2024
Sol Turquesa Beach Effective July 14, 2024
Orbit, S.A. (Remittances) Effective March 10, 2025

LIST OF RESTRICTED ENTITIES AND SUBENTITIES ASSOCIATED WITH CUBA
As of July 14, 2025

Below is the U.S. Department of State’s “Cuba Restricted List” of entities and subentities with which the Cuban Assets Control Regulations (31 CFR 515.209) generally prohibit direct financial transactions. These entities are under the control of, or acting for or on behalf of, the Cuban military, intelligence, or security services or personnel with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba. All entities and subentities were listed effective February 6, 2025, unless otherwise indicated.

*** Entities or subentities owned or controlled by another entity or subentity on this list are not treated as restricted unless also specified by name on the list. ***

***Activities in parentheticals are intended to aid in identification, but are only representative. All activities of listed entities and sub-entities are subject to the applicable prohibitions.***

LINK To Updated List

Federal Register Cuba Prohibited Accommodations List In PDF Format

Federal Register Cuba Restricted List In PDF Format

Trump-Vance Administration Imposes Visa Sanction On Miguel Diaz-Canel, President Of Cuba

United States Department of State
Washington DC
11 July 2025

Justice for the Cuban People on the Fourth Anniversary of the July 11 Protests
Marco Rubio, Secretary of State

Four years ago, thousands of Cubans peacefully took to the streets to demand a future free from tyranny.  The Cuban regime responded with violence and repression, unjustly detaining thousands, including over 700 who are still imprisoned and subjected to torture or abuse.

Today, the Department of State is taking steps to implement President Trump’s strengthened Cuba policy outlined in National Security Presidential Memorandum-5 from June 30, 2025.  In solidarity with the Cuban people and the island’s political prisoners, the United States is designating key regime leaders under Section 7031(c) for their involvement in gross violations of human rights.  We are also taking steps to impose visa restrictions on numerous Cuban judicial and prison officials responsible for, or complicit in, the unjust detention and torture of July 2021 protestors.

In addition, the Department is updating the Cuba Restricted List and the Cuba Prohibited Accommodations List to include 11 regime-linked properties, including the new 42-story “Torre K” hotel, to prevent U.S. funds from reaching the island’s corrupt repressors.

The U.S. will continue to stand for the human rights and fundamental freedoms of the people of Cuba, and make clear no illegitimate, dictatorial regimes are welcome in our hemisphere.

The designations of Díaz-Canel Bermúdez, López Miera, Álvarez Casas, and their immediate family members are made under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (Div. F, P.L. 118-47), as carried forward by the Continuing Appropriations Act, 2025 (Div. A, P.L. 119-4).  The steps to impose visa restrictions on Cuban officials are taken under Section 212(a)(3)(C) of the Immigration and Nationality Act.  For more information, please contact WHA-PDA-Press@state.gov.

OFAC Fines U.S. Company US$608,825.00 For Shipments (Including Foodstuffs) To Cuba By Colombia-Based Subsidiary. Fine Could Have Been US$4,007,088.00.

Enforcement Release: July 2, 2025
Key Holding, LLC Settles with OFAC for $608,825 Related to Apparent Violations of Cuban Assets Control Regulations

The statutory maximum civil monetary penalty applicable in this matter is $4,007,088.

Key Holding, LLC, a privately held global logistics company based in Delaware, has agreed to pay $608,825 to settle its potential civil liability for apparent violations of OFAC sanctions on Cuba.  Between January 2022 and July 2023, Key Holding, LLC’s Colombian subsidiary, then called Key Logistics Colombia S.A.S., managed the logistics for 36 freight shipments from Colombia to Cuba.  The settlement amount reflects OFAC’s determination that Key Holding, LLC’s apparent violations  were not egregious and were voluntarily self-disclosed, and further reflects the remedial measures implemented upon discovery of the apparent violations.

Link To Complete Document In PDF Format

Trump-Vance Administration Issues National Security Presidential Memorandum (NSPM) For Cuba. Uncertainty About Continuing Engagement With Re-Emerging Private Sector- Which May Be The Point.

Link: Fact Sheet: President Donald J. Trump Strengthens the Policy of the United States Toward Cuba

STRENGTHENING THE POLICY OF THE UNITED STATES TOWARD CUBA: Today, President Donald J. Trump signed a National Security Presidential Memorandum (NSPM) to strengthen the policy of the United States toward Cuba.

“This NSPM restores and strengthens the robust Cuba policy from the President’s first term, reversing the Biden Administration’s revocation that eased pressure on the Cuban regime.  The NSPM ends economic practices that disproportionately benefit the Cuban government, military, intelligence, or security agencies at the expense of the Cuban people.  Direct or indirect financial transactions with entities controlled by the Cuban military, such as Grupo de Administracion Empresarial S.A. (GAESA), and its affiliates are prohibited, with exceptions for transactions that advance U.S. policy goals or support the Cuban people.  It enforces the statutory ban on U.S. tourism to Cuba and ensures compliance through regular audits and mandatory record-keeping of all travel-related transactions for at least five years.  The NSPM supports the economic embargo of Cuba and opposes calls in the United Nations and other international forums for its termination.  The NSPM amplifies efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.  It ensures the “Wet Foot, Dry Foot” policy remains terminated to discourage dangerous, unlawful migration.  The NSPM ensures that engagement between the United States and Cuba advances the interests of the United States and the Cuban people, including through promoting human rights, fostering a private sector independent of government control, and enhancing national security.  The NSPM mandates a review of human rights abuses in Cuba, including unlawful detentions and inhumane treatment, and requires a report on fugitives from American justice living in Cuba or being harbored by the Cuban government.

PROMOTING A STABLE, PROSPEROUS, AND FREE CUBA: President Trump is committed to fostering a free and democratic Cuba, addressing the Cuban people’s long-standing suffering under a Communist regime.  The Cuban people have long suffered under a Communist regime that suppresses their legitimate aspirations for freedom and prosperity, arbitrarily detains dissidents, and holds political prisoners in inhumane conditions.  Violence and intimidation against dissidents occur with impunity, while families of political prisoners face retaliation for their advocacy.  The regime harasses worshippers, blocks free association by civil society organizations, and denies free speech, including through limited internet access and the absence of a free press.  The Cuban government harbors fugitives of American justice and fails to meet the basic requirements of a free and just society.

HOLDING THE CUBAN REGIME ACCOUNTABLE: President Trump is continuing efforts from his first term to stand with the Cuban people and hold the regime accountable.  In his first term, President Trump implemented a robust policy towards Cuba, reversing the Obama Administration’s one-sided deal that eased restrictions without securing meaningful reforms for the Cuban people.  Now, President Trump is once again implementing a firm policy stance.  President Trump is fulfilling his campaign promise: “As president, I will again stand with the people of Cuba in their long quest for justice, liberty and freedom.”  President Trump also recently implemented a new travel ban that applies to Cuba.  It lists Cuba as a state sponsor of terrorism and cites its failure to cooperate or share sufficient law enforcement information with the United States, its historical refusal to accept back its removable nationals, and its high visa overstay rate.”

The White House
Washington DC
30 June 2025

NATIONAL SECURITY PRESIDENTIAL MEMORANDUM/NSPM-5

MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF HEALTH AND HUMAN SERVICES
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
THE ASSISTANT TO THE PRESIDENT AND HOMELAND SECURITY ADVISOR
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
THE UNITED STATES TRADE REPRESENTATIVE
THE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY
THE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE UNITED NATIONS
THE ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION
THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT

SUBJECT: Reissuance of and Amendments to National Security Presidential Memorandum 5 on Strengthening the Policy of the United States Toward Cuba

     Section 1.  Purpose.  The United States recognizes the need for more freedom and democracy, improved respect for human rights, and increased free enterprise in Cuba.  The Cuban people have long suffered under a Communist regime that suppresses their legitimate aspirations for freedom and prosperity and fails to respect their essential human dignity.

     My Administration's policy will be guided by the national security and foreign policy interests of the United States, as well as solidarity with the Cuban people.  I will seek to promote a stable, prosperous, and free country for the Cuban people.  To that end, we must channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society.

     In Cuba, dissidents and peaceful protesters are arbitrarily detained and held in terrible prison conditions.  Violence and intimidation against dissidents occur with impunity.  Families of political prisoners are retaliated against for peacefully protesting the improper confinement of their loved ones.  Worshippers are harassed, and free association by civil society organizations is blocked.  The right to speak freely, including through access to the internet, is denied, and there is no free press.  The United States condemns these abuses.

     The initial actions set forth in this memorandum, including restricting certain financial transactions and travel, encourage the Cuban government to address these abuses.  My Administration will continue to evaluate its policies so as to improve human rights, encourage the rule of law, foster free markets and free enterprise, and promote democracy in Cuba.

     Sec. 2.  Policy.  It shall be the policy of the executive branch to:

     (a)  End economic practices that disproportionately benefit the Cuban government or its military, intelligence, or security agencies or personnel at the expense of the Cuban people.

     (b)  Ensure adherence to the statutory ban on tourism to Cuba.

     (c)  Support the economic embargo of Cuba described in section 4(7) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (the embargo), including by opposing measures that call for an end to the embargo at the United Nations and other international forums and through regular reporting on whether the conditions of a transition government exist in Cuba.

      (d)  Amplify efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.

      (e)  Not reinstate the "Wet Foot, Dry Foot" policy, which encouraged untold thousands of Cuban nationals to risk their lives to travel unlawfully to the United States.

      (f)  Ensure that engagement between the United States and Cuba advances the interests of the United States and the Cuban people.  These interests include:  advancing Cuban human rights; encouraging the growth of a Cuban private sector independent of government control; enforcing final orders of removal against Cuban nationals in the United States; protecting the national security and public health and safety of the United States, including through proper engagement on criminal cases and working to ensure the return of fugitives from American justice living in Cuba or being harbored by the Cuban government; supporting United States agriculture and protecting plant and animal health; advancing the understanding of the United States regarding scientific and environmental challenges; and facilitating safe civil aviation.

     Sec. 3.  Implementation.  The heads of executive departments and agencies (agencies) shall begin to implement the policy set forth in section 2 of this memorandum as follows:

      (a)  Within 30 days of the date of this memorandum, the Secretary of the Treasury and the Secretary of Commerce, as appropriate and in coordination with the Secretary of State and the Secretary of Transportation, shall initiate a process to adjust current regulations regarding transactions with Cuba.

           (i)    As part of the regulatory changes described in this subsection, the Secretary of State shall identify any entities or subentities, as appropriate, that are under the control of, or act for or on behalf of, or for the benefit of, the Cuban military, intelligence, or security services or personnel (such as Grupo de Administracion Empresarial S.A. (GAESA), its affiliates, subsidiaries, and successors), and publish a list of those identified entities and subentities with which direct or indirect financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba.

           (ii)   Except as provided in subsection (a)(iii) of this section, the regulatory changes described in this subsection shall prohibit direct or indirect financial transactions with those entities or subentities on the list published pursuant to subsection (a)(i) of this section.

           (iii)  The regulatory changes described in this subsection shall not prohibit transactions that the Secretary of the Treasury or the Secretary of Commerce, in coordination with the Secretary of State, determines are consistent with the policy set forth in section 2 of this memorandum and:

                (A)  concern Federal Government operations, including Naval Station Guantanamo Bay and the United States mission in Havana;

                (B)  support programs to build democracy in Cuba;

                (C)  concern air and sea operations that support permissible travel, cargo, or trade;

                (D)  support the acquisition of visas for permissible travel;

                (E)  support the expansion of direct telecommunications and internet access for the Cuban people;

                (F)  support the sale of agricultural commodities, medicines, and medical devices sold to Cuba consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and the Cuban Democracy Act of 2002 (22 U.S.C. 6001 et seq.);

                (G)  relate to sending, processing, or receiving authorized remittances;

                (H)  otherwise further the national security or foreign policy interests of the United States; or

                (I)  are required by law.

      (b)  Within 30 days of the date of this memorandum, the Secretary of the Treasury, in coordination with the Secretary of State, shall initiate a process to adjust current regulations to ensure adherence to the statutory ban on tourism to Cuba.

           (i)    The amended regulations shall require that educational travel be for legitimate educational purposes.  Except for educational travel that was permitted by regulation in effect on January 27, 2011, all educational travel shall be under the auspices of an organization subject to the jurisdiction of the United States, and all such travelers must be accompanied by a representative of the sponsoring organization.

           (ii)   The regulations shall further require that those traveling for the permissible purposes of non academic education or to provide support for the Cuban people:

                (A)  engage in a full-time schedule of activities that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people's independence from Cuban authorities; and

                (B)  meaningfully interact with individuals in Cuba.

           (iii)  The regulations shall continue to provide that every person engaging in travel to Cuba shall keep full and accurate records of all transactions related to authorized travel, regardless of whether they were effected pursuant to license or otherwise, and such records shall be available for examination by the Department of the Treasury for at least 5 years after the date they occur.

           (iv)   The Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, and the Secretary of Transportation shall review their respective agencies' enforcement of all categories of permissible travel within 90 days of the date the regulations described in this subsection are finalized to ensure such enforcement accords with the policies outlined in section 2 of this memorandum.

      (c)  The Secretary of the Treasury shall regularly audit travel to Cuba to ensure that travelers are complying with relevant statutes and regulations.  The Secretary of the Treasury shall request that the Inspector General of the Department of the Treasury inspect the actions taken by the Department of the Treasury to implement this audit requirement.  The Inspector General of the Department of the Treasury shall provide a report to the President, through the Secretary of the Treasury, summarizing the results of that inspection within 180 days of the adjustment of current regulations described in subsection (b) of this section and annually thereafter.

      (d)  The Secretary of the Treasury shall adjust the Department of the Treasury's current regulation defining the term "prohibited officials of the Government of Cuba" so that, for purposes of title 31, part 515 of the Code of Federal Regulations, it includes Ministers and Vice-Ministers; members of the Council of State and the Council of Ministers; members and employees of the National Assembly of People's Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; Director Generals and sub-Director Generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors, and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; and members and employees of the Supreme Court (Tribuno Supremo Nacional).

      (e)  The Secretary of State and the Representative of the United States of America to the United Nations shall oppose efforts at the United Nations or (with respect to the Secretary of State) any other international forum to lift the embargo until a transition government in Cuba, as described in section 205 of the LIBERTAD Act, exists.

      (f)  The Secretary of State, in coordination with the Attorney General, shall provide a report to the President assessing whether and to what degree the Cuban government has satisfied the requirements of a transition government as described in section 205(a) of the LIBERTAD Act, taking into account the additional factors listed in section 205(b) of that Act.  This report shall include a review of human rights abuses committed against the Cuban people, such as unlawful detentions, arbitrary arrests, and inhumane treatment.

      (g)  The Attorney General shall, within 90 days of the date of this memorandum, issue a report to the President on issues related to fugitives from American justice living in Cuba or being harbored by the Cuban government.

      (h)  The Secretary of State and the Administrator of the United States Agency for International Development shall review all democracy development programs of the Federal Government in Cuba to ensure that they align with the criteria set forth in section 109(a) of the LIBERTAD Act.

      (i)  The Secretary of State shall convene a task force, composed of relevant agencies, including the Office of Cuba Broadcasting, and appropriate non-governmental organizations and private-sector entities, to examine the technological challenges and opportunities for expanding internet access in Cuba, including through Federal Government support of programs and activities that encourage freedom of expression through independent media and internet freedom so that the Cuban people can enjoy the free and unregulated flow of information.

      (j)  The Secretary of State and the Secretary of Homeland Security shall continue to discourage dangerous, unlawful migration that puts Cuban and American lives at risk.  The Secretary of Defense shall continue to provide support, as necessary, to the Department of State and the Department of Homeland Security in carrying out duties regarding interdiction of migrants.

      (k)  The Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Commerce, and the Secretary of Homeland Security, shall annually report to the President regarding the engagement of the United States with Cuba to ensure that engagement is advancing the interests of the United States.

      (l)  All activities conducted pursuant to subsections (a) through (k) of this section shall be carried out in a manner that furthers the interests of the United States, including by appropriately protecting sensitive sources, methods, and operations of the Federal Government.

     Sec. 4.  Earlier Presidential Actions.  (a)  This memorandum amends sections 1 and 3 of National Security Presidential Memorandum 5 of June 16, 2017 (Strengthening the Policy of the United States Toward Cuba) (NSPM-5), and reissues NSPM-5 in its entirety.  It does not otherwise amend the text or timelines reflected in the original NSPM-5 and is not intended to direct agencies to repeat actions already implemented under that NSPM.

      (b)  This memorandum supersedes and replaces both National Security Presidential Directive 52 of June 28, 2007 (U.S. Policy toward Cuba), and Presidential Policy Directive 43 of October 14, 2016 (United States-Cuba Normalization).

      (c)  This memorandum does not affect either Executive Order 12807 of May 24, 1992 (Interdiction of Illegal Aliens), or Executive Order 13276 of November 15, 2002 (Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region).

     Sec. 5.  General Provisions.  (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

           (i)  the authority granted by law to an executive department or agency, or the head thereof; or

           (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

      (b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

      (c)  This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

      (d)  The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.

DONALD J. TRUMP

Link To Federal Register PDF Document