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

Colombia, Maryland-based Premier Automotive Export, Ltd., which also has an office in Miami, Florida, offered to donate and install electric vehicle charging stations (including solar capture) at the United States Embassy in Havana, Republic of Cuba, and at the official residence of the ambassador in Havana. 

On 4 March 2022, the Bureau of Industry and Security (BIS) of the United States Department of Commerce responded: 

“The reason printed below explains why the referenced Export License Application is (R)eturned (W)ithout (A)ction. When an application has been Returned Without Action and is being resubmitted, a new application form must be submitted. When a new form is submitted, it must reference the original application. The resubmission must be in accordance with the requirements existing at the time of the resubmission (See Section 748 of the Export Administration Regulations).” 

“REASON: This license application is returned without action (RWA) since the transaction was cancelled by the ultimate consigne. This application may not be used to export/reexport. The applicant is reminded that authorization is required to export or reexport to Cuba all items subject to the Export Administration Regulations (EAR). Please be advised that all export and reexport transactions are subject to the General Prohibitions in Part 736 of the EAR. Also, you are advised to consult the Bureau of Industry and Security’s “Know Your Customer” and Red Flags Guidance in Supplement 3 to Part 732 of the EAR.” 

“The Ultimate Consignee was the Embassy of the United States, Calzada E/L & M Streets, Vedado, Havana, Republic of Cuba.” 

On 3 February 2022, the United States Department of State responded to correspondence of 24 January 2022 from Premier Automotive Export, Ltd., to The Honorable Brian Nichols, Assistant Secretary of State for Western Hemisphere Affairs (WHA): 

“On behalf of Ambassador Nichols, I would like to extend our gratitude to you for your generous offer to donate and install four electric vehicle chargers for use at the United States Embassy in Cuba.  The Biden-Harris Administration has articulated the United States’ goal to accelerate and deploy electric vehicles and charging stations, and to enable a clean transportation future to combat climate change.  The United States Embassy in Cuba currently does not operate any electric vehicles at our Embassy compound or residences in Havana.  Due to impediments in the electrical infrastructure and a lack of trained mechanics on the island to service electric vehicles, it is unlikely that the United States Embassy will consider importing one or more electric vehicles for use in Cuba in the near future.  Given that your donation would largely remain unused at this time, we politely decline your kind offer.  Thank you again and best wishes on your continued efforts exporting green technologies throughout the Caribbean.” 

On 24 January 2022, Premier Automotive Export, Ltd. received a renewal of its license from the BIS to export gasoline-powered vehicles, electric-powered vehicles, and hybrid vehicles from the United States to the Republic of Cuba.  The authorized purchasers are diplomatic missions located in the Republic of Cuba, including the Embassy of the United States in the city of Havana, Republic of Cuba. 

On 3 December 2021, a spokesperson of the United States Department of State was quoted: “The Biden Administration has clearly articulated the United States’ goal to accelerate and deploy electric vehicles and charging stations, create good-paying, union jobs, and enable a clean transportation future to combat climate change. However, the United States Embassy in Cuba does not operate any electric vehicles nor has any solar power charging stations at our Embassy compound or residences in Havana. At this time, it would be unlikely that the United States Embassy consider importing one or more electric vehicles for use in Cuba in the near future due to impediments in the electrical infrastructure and lack of trained mechanics on the island to service electric vehicles.”   

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

2- Clipper Creek LCS-40 Level II 40 Amp Charger fitted with the J-1772 universal charging connector.  https://store.clippercreek.com/residential/hcs-40-hcs-40p-ev-charging-station  One Clipper Creek EV charger would be located at the United States Embassy and one Clipper Creek EV Charger would be located at the Residence of the United States Ambassador.  

2- Tesla Wallmount Connector Gen 3 (208/240V).  https://www.tesla.com/support/home-charging  One Tesla EV charger would be located at the United States Embassy and one Tesla EV Charger would be located at the Residence of the United States Ambassador.  

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

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