2020 Presidential Election And Libertad Act Lawsuit Decisions- What Winners Do, Losers Do, Politicans Do?

What If U.S. Courts Decide Near 3 November 2020 Against U.S. Plaintiffs And In Favor Of Defendants In EU-Member Countries? 

How Will The Trump Administration React?  Congress? 

What If U.S. Courts Decide Near 3 November 2020 In Favor Of U.S. Plaintiffs Against Defendants From EU-Member Countries? 

Some of the 106 listed attorneys from 29 law firms representing the 72 plaintiffs and 67 defendants believe, baring dismissals or out-of-court settlements, that United States District Courts in Delaware (1 case), Nevada (1 case), Southern Florida (16 cases), Washington DC (1 case) and Western Washington (1 case) will render decisions in 2020 for some or all of the twenty filed lawsuits using Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).  The total damages sought by the twenty lawsuits, some (certified claimants) of which are entitled to seek treble damages, are valued at more than US$1 billion.  LINK To Statistics 

Given that 80% of the lawsuits filed thus far are before judges in the United States District Court Southern District of Florida, there is an inescapable political context given the significance how the 13,507,074 registered voters (as of 30 September 2019) in the state of Florida vote in the 3 November 2020 election for president of the United States. 

For example, unless dismissed or settled, Jose Ramon Lopez Regueiro vs. American Airlines Inc. is scheduled for a two-week trial on 23 November 2020 with mediation completed by 7 August 2020 and Havana Docks Corporation vs. Royal Caribbean Cruises Ltd. is scheduled for a two-week trial on 4 January 2021 with mediation completed by 22 September 2020.     

There will be pressures to have in place decisions, settlements, and judgements that directly and indirectly impact the Republic of Cuba, particularly non-United States-based defendant companies, so the decision by the Trump Administration to implement Title III will be deemed a domestic political success.   

Title III authorizes lawsuits in United States District Courts against companies and individuals who are using property 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.   

If plaintiffs secure judgements against defendants whose corporate headquarters are located within the current twenty-eight (28) member Brussels, Belgium-based European Union (EU), and those plaintiffs seek to enforce those judgements against assets located in the United States, how will the EU respond?  

There exist EU regulations and statutes, and regulations and statutes enacted by individual EU members, but none have been tested judicially as there was little thought given to Title III ever being implemented.  It’s been twenty-three years since the Libertad Act was signed into law- a twentieth century law enacted in the twenty-first century. 

If a U.S. plaintiff obtains a judgement, and then seizes funds controlled by the defendant that are in a U.S. financial institution, will the EU then seek the same against the U.S. plaintiff if the U.S. plaintiff has an account at a financial institution within reach of the EU?  

For U.S. plaintiffs with a judgement from a United States District Court, the first effort will be to seize bank accounts held in United States-based financial institutions.  Next up, monies that third-parties are paying to the defendants.  Lastly, physical assets located in the United States. Whatever funds remain uncollected become a potentially perpetual I.O.U. 

The Trump Administration, with support from members of the United States Congress, may seek to divert funds paid by financial institutions and companies to the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury for unauthorized or illegal/unauthorized transactions with the Republic of Cuba and other countries.   

The Clinton Administration embraced a similar concept when it permitted individuals having court judgements against the Republic of Cuba to invade approximately US$200 million in funds belonging to the government of the Republic of Cuba that had been blocked for use to compensate certified claimants. 

The Trump Administration might advocate similar action first for non-certified claimants rather than certified claimants; believing politically beneficial in an election year for Republic of Cuba nationals whose assets were expropriated without compensation by the government of the Republic of Cuba to be made whole before the interests of certified claimants (assets owned by individuals/companies who were United States citizens/owners at the time of expropriation).  Providing monies to individuals is generally more politically appealing than providing monies to corporations. 

Certified claimant Irving, Texas-based Exxon Mobil (2018 revenues approximately US$279 billion), should it be victorious in its Title III lawsuit against Republic of Cuba government-operated Corporacion Cimex S.A. and Republic of Cuba government-operated Union Cuba-Petroleo, for the expropriation of assets valued at US$71,611,002.90, would have the greatest global reach by which to seek recovery of any judgment.  Exxon Mobil is seeking treble damages; the total sought is US$214,833,008.70.  The company will likely be pressured by activist shareholders, members of the United States Congress, and the Trump Administration to use all means available to satisfy any judgement.   

One target for Exxon Mobil could be Denver, Colorado-based Western Union Company (2018 revenues approximately US$6 billion) which has electronically delivered annually transfers of reportedly valued in the hundreds of millions of dollars from the United States to the Republic of Cuba.  The Republic of Cuba has earned in fees at least US$939,367.20 (or US$4,264,727.08 with interest), the value of a certified claim held by Western Union Company.  Eliminate or reduce the fee paid by Western Union Company to Republic of Cuba government-operated Fincimex (a subsidiary of Republic of Cuba government-operated Corporacion Cimex S.A.) and the certified claim evaporates.  Western Union Company does not report data as to the value of transfers from the United States to the Republic of Cuba; consistent media reporting estimates that remittances from the United States to the Republic of Cuba are annually approximately US$1.5 billion to US$3 billion, with the majority of the funds delivered as currency by individuals traveling to the Republic of Cuba.  On 14 March 2018, Havana Times, an online publication edited in Nicaragua, reported without verification that Western Union Company delivered “more than 3 billion US dollars annually” to the Republic of Cuba, but did not mention as to the origin(s) of the funds- whether from the United States and/or other countries.  To send US$100.00 from the United States to the Republic of Cuba where the recipient will receive the funds in currency, using www.westernunion.com, the fees range from 9% to 14.99% to 19.49% depending upon delivery time and method of payment used for the transaction.  The Republic of Cuba reportedly receives approximately 20% of the fee paid by customers to Western Union. LINK To Western Union Company certified claim.

Claims Background

The Trump Administration commenced implementation of Title III through a series of announcements beginning in on 16 January 2019 and continuing through 4 March 2019, 3 April 2019, 17 April 2019 and finally on 2 May 2019.  

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the United States Foreign Claims Settlement Commission (USFCSC) within the United States Department of Justice and have not been resolved for more than sixty years (some assets were officially confiscated in the 1960’s, some in the 1970’s and some in the 1990’s.  The USFCSC permitted simple interest (not compound interest) of 6% per annum (approximately US$114,132,137.10); with the approximate current value of the 5,913 certified claims US$8,521,866,236.75.  There are an unknown number of non-certified claims; the United States Department of State has referenced an estimate of approximately 200,000.  

The first asset to be expropriated by the Republic of Cuba was an oil refinery in 1960 owned by White Plains, New York-based Texaco, Inc., now a subsidiary of San Ramon, California-based Chevron Corporation (USFCSC: CU-1331/CU-1332/CU-1333 valued at US$56,196,422.73).  Chevron has not filed a lawsuit using the Libertad Act.   

The largest certified claim (Cuban Electric Company) valued at US$267,568,413.62 is controlled by Boca Raton, Florida-based Office Depot, Inc.  The second-largest certified claim (International Telephone and Telegraph Co, ITT as Trustee, Starwood Hotels & Resorts Worldwide, Inc.) valued at US$181,808,794.14 is controlled by Bethesda, Maryland-based Marriott International; the certified claim also includes land adjacent to the Jose Marti International Airport in Havana, Republic of Cuba.  Marriott International manages one hotel (and plans for a second in 2020) in the Republic of Cuba.  The smallest certified claim is by Sara W. Fishman in the amount of US$1.00 with reference to the Cuban-Venezuelan Oil Voting Trust.  Neither Office Depot nor Marriott International have filed a lawsuit using the Libertad Act. 

The two (2) largest certified claims total US$449,377,207.76, representing 24% of the total value of the certified claims.  Thirty (30) certified claimants hold 56% of the total value of the certified claims.  This concentration of value creates an efficient pathway towards a settlement.   

LINK To Complete Analysis

Attorneys For Javier Garcia-Bengochea File 23-Page Response To Carnival Corporation Motion To Dismiss: “… the only credibility lost is Carnival’s.”

Attorneys For Javier Garcia-Bengochea File 23-Page Response To Carnival Corporation Motion To Dismiss: “… the only credibility lost is Carnival’s.” 

“Carnival’s most recent filings attempt, unsuccessfully, to discredit and delegitimize Dr. Garcia and his family history. But the only credibility lost is Carnival’s, and the Court should deny the Motion for three reasons.  

First, Carnival submits over 500 pages of foreign evidence and multiple expert affidavits that it wishes the Court to consider in adjudicating a motion governed under the Rule 12(b)(6) standard. The Court already admonished Carnival that evidence is improper at the pleading stage. (ECF No. 41 at pp. 9-10.) The Motion should be summarily denied for this reason alone.  

Second, Carnival’s attack on Dr. Garcia’s inheritance is meritless. Carnival’s experts present an incomplete, simplistic, and misleading analysis of Costa Rican probate law. Plaintiff, in fact, inherited his claim and has standing to bring this case.  

And, third, Carnival requests the Court to construe the LIBERTAD Act, 22 U.S.C. § 6021 et seq. (the “Act”), in a manner that would both render Title III’s cause of action a nullity and require dismissal of nearly all certified claimants. This interpretation contravenes prevailing Eleventh Circuit and Supreme Court precedent, and is incompatible with Congress’ clearly expressed belief that “no court should dismiss a certification in an action brought under this title.” J. Stmt. of Comm. of Conf. for LIBERTAD Act, 142 Cong. Rec. H1645-02 at H1661. The Court should reject Carnival’s construction of 22 U.S.C. § 6082(a)(4)(B).” 

LINK To Response  

JAVIER GARCIA-BENGOCHEA V. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINE, A FOREIGN CORPORATION [1:19-cv-21725; Southern Florida District] 

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

LINK To Case Filings

Banco Nunez Attorneys File 31-Page Reponse To Societe Generale Motion To Dismiss: “SocGen does not dispute that BNC is a trafficker; that’s because it is.”

Plaintiff attorneys for Banco Nunez file thirty-one page response to Motion To Dismiss by Paris, France-based Societe Generale 

“SocGen does not dispute that BNC is a trafficker; that’s because it is.” 

“LEGAL ARGUMENT  

This Court should deny SocGen’s Motion. The reasons to do so are as follows:  

First, Plaintiff’s claim is an appropriate action under Helms-Burton. Cuba’s BNC engages in trafficking under Helms-Burton by managing, possessing, and engaging in commercial activity using the Plaintiff’s equity interests in BNC that resulted from the 1960 uncompensated confiscation of Banco Nuñez and Inmobiliaria Norka, S.A. Helms-Burton liability extends to all entities who participate in or profit from BNC’s trafficking or its related commercial activities, including SocGen.  

Second, Plaintiff has standing to bring its claim. The injury for which Plaintiff seeks redress—uncompensated trafficking in the Nuñezes’ property—is traceable to SocGen, which is profiting from the illicit trafficking without Plaintiff’s consent.  

Third, this Court has personal jurisdiction over SocGen under the federal long-arm statute. That statute is applicable because the Helms-Burton claim arises under federal law and SocGen is not subject to general jurisdiction in the United States. Federal due process permits assertion of specific jurisdiction in this instance because SocGen engaged in $15 billion or more of transactions in the United States involving BNC, and those transactions are related to Plaintiff’s cause of action.  

Fourth, U.S. nationals held a claim for trafficking in confiscated property as of March 1996. Their claims are not defeated simply because they were assigned to a Florida corporation a month after President Clinton suspended all private rights of action under Helms-Burton.  

Fifth, the domestic takings rule is not a bar to Plaintiff’s Helms-Burton claim. That rule states that expropriations of a foreign national’s property by the foreign national’s government do not violate international law. Congress did not limit Helms-Burton liability to confiscations in violation of international law, as Congress had done vis-à-vis the Foreign Sovereign Immunities Act. Rather, Congress allows relief related to all confiscations by the Cuban Government, including for Cuban nationals who fled communist Cuba and became United States citizens thereafter.” 

LINK To Complete 31-Page Filing  

SUCESORES DE DON CARLOS NUNEZ Y DONA PURA GALVEZ, INC., BDA BANO NUNEZ V. SOCIÉTÉ GÉNÉRALE, S.A., D/B/A SG AMERICAS, INC.; THE BANK OF NOVA SCOTIA, D/B/A SCOTIA HOLDINGS (US) INC., A/K/A THE BANK OF NOVA SCOTIA, MIAMI AGENCY; THE NATIONAL BANK OF CANADA, D/B/A NATIONAL BANK OF CANADA FINANCIAL GROUP, INC.; AND BANCO BILBAO VIZCAYA ARGENTARIA, S.A., D/B/A BBVA, USA., 

Kozyak Tropin & Throckmorton, LLP (plaintiff) and Law Offices Of Paul Sack A. Law, P.A. (plaintiff) 

Mayer Brown LLP (defendant) and ReedSmith LLP (defendant) 

LINK To All Case Filings

USDA Requested To Publish Organizations/Funding Amounts Approved For FY2020 FMD/MAP Funds In Cuba

NOTE: On 19 December 2019, the United States Department of Agriculture (USDA) notified by email that no information would be released. A Freedom of Information Act (FOIA) request for the information was filed on 22 December 2019.

The Honorable Sonny Perdue, United States Secretary of Agriculture, has been requested to make public the names of participants (or number of participants) and the amount of funding per participant (or total amount of funding) approved to use United States Department of Agriculture (USDA) Fiscal Year 2020 MAP (Market Access Program) and FMD (Foreign Market Development) funding in the Republic of Cuba.

Total MAP/FMD for Fiscal Year 2020 is US$203,811,813.00 compared to US$201,697,191.00 in 2019. There were 87 approved applicants in Fiscal Year 2020 and 87 approved applicants in Fiscal Year 2019.

According the USDA, no request was made in Fiscal Year 2019 to use the Republic of Cuba provision in H.R. 2, the five-year Agriculture Improvement Act, known as the “Farm Bill” signed into law on 20 December 2018 by The Honorable Donald J. Trump, President of the United States. Unknown if there was a request or requests for Fiscal Year 2020 funding.

In 2018, advocates maintained that the Farm Bill provision was critical to “laying the groundwork” for increasing exports of agricultural commodities and food products to the Republic of Cuba. Statements from members of Congress included: “… an important first step to regaining our presence in Cuba.” Yet, there was not one request to the USDA for Fiscal Year 2019.

Most observers reasonably concluded that legislative advocates- within the United States Congress and organizations located in Washington DC and located outside of the beltway would have prominently teed-up at least one high-profile applicant to request funding on 21 December 2018- regardless of whether the USDA was expected to approve including the Republic of Cuba in Fiscal Year 2019 allocations.

The most significant impact of not having any MAP/FMD requests for Fiscal Year 2019 to use the Republic of Cuba provision in the Farm Bill is what the lack of interest portended for other legislative efforts in the United States Congress to rescind prohibitions upon the provision of payment terms for agricultural commodity and food product exports from the United States to the Republic of Cuba.

There has yet to be a United States agricultural commodity exporter or United States financial institution who has publicly stated that they would today provide payment terms and/or financing and what those payment terms and financing terms would be for Republic of Cuba government-operated entities. That absence- which has remained consistent since 2000, is a massive legislative hurdle. Lacking pressure, why would the Trump Administration do anything that it does not want to do?

From USDA

On 3 August 2018, the USDA wrote to the USCTEC: “Per the 2019 MAP NOFA (Federal Register Notices attached), All applications must be received by 5 p.m. Eastern Daylight Time, on Friday, June 8, 2018. Applications received after this date will not be considered. FAS anticipates that the initial funding selections will be made by the end of October 2018, with the initial award dates estimated to be by the end of December 2018. Hence, groups are not able to submit additional applications. Groups can request to make changes to their Unified Export Strategy in order to reallocate funding from one approved project to another. These modifications are routine and groups work with their FAS Marketing Specialist to submit changes for approval.”

On 20 March 2019, the USDA wrote to the USCTEC: “Applications for FY19 MAP/FMD funds were made in 2018 when Cuba was not an eligible country. USDA is not allowing those funds to shift to Cuba. USDA will consider proposals for FY20 MAP/FMD funds for Cuba projects.”

On 5 April 2019, the USDA wrote to the USCTEC: “For FY 2019, FMD and MAP are being operated according to the NOFAs [Notice of Funding Availability] published in May 2018, at which time Cuba was ineligible. At this time FAS has no plans, nor has it received any requests, to authorize the redirection of already allocated funds to Cuba this fiscal year. For FY 2020, the NOFAs are currently under development and FAS program managers are working to ensure that the funding solicitations reflect the intent of Congress as expressed in the Farm Bill vis-à-vis Cuba.”

USDA Background

In 2018, the Foreign Agricultural Service (FAS) of the USDA reported none of the applications for Fiscal Year 2019 submitted by the 8 June 2018 deadline included funding requests for MAP/FMD to be allocated for use in the Republic of Cuba.

That none of the applications included the Republic of Cuba was not unexpected as the Republic of Cuba was not eligible for MAP/FMD funding and applicants may not have known on 8 June 2018 that an amendment would be introduced in the United States Senate on 13 June 2018 to authorize MAP/FMD funds to be available for the Republic of Cuba and whether that amendment would become a statute and when it would become a statute.

According to the USDA in 2018, if the Republic of Cuba was included among Fiscal Year 2019 eligible countries for MAP/FMD funding, applications submitted by 8 June 2018 would be authorized by the USDA to be amended. The FMD Year began in October 2018 and the MAP Year began in January 2019.

According to the USDA in 2018, absent changes to the then-existing USDA application process by Secretary Perdue, applications submitted by 8 June 2018 would have only been permitted to be amended- not to seek additional USDA funding, but reallocate previously-submitted funding requests from one country to another country, in this instance the Republic of Cuba.

The USDA reported in 2018 that it recognized there were unplanned events that impact an applicant’s ability to use previously-requested or previously-authorized MAP/FMD funds.

For example, the People’s Republic of China and members of the Brussels, Belgium-based European Union (EU) implemented tariffs on certain food products and agricultural commodities after 8 June 2018, so an applicant might not want or might have been precluded from using requested or allocated funds towards activities in the People’s Republic of China and EU; so, the applicant might have wanted to submit a request to the USDA to reallocate all or a portion of funds towards use within another country.

According to the USDA in 2018, there may also have been impacting events that remained unknown through 2018 and became known in 2019, after the USDA had allocated all MAP/FMD funds to applicants, so then an entity having received a MAP/FMD funding allocation could request a reallocation from the USDA.

The USDA does not provide any payments to selected applicants in advance of the applicant making disbursements. The USDA provides payment upon receipt of an invoice from the applicant. The invoices are audited by the USDA and a claw back of payments is permitted. Any Republic of Cuba-related invoice is likely to receive additional scrutiny due to an amendment to the Farm Bill submitted by The Honorable Marco Rubio (R- Florida), a member of the United States Senate.

What Is FMD & MAP?

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

For Fiscal Year 2020, the USDA allocated US$176,849,915.00 in taxpayer funds to 65 participants under the MAP compared to US$174,600,000.00 to 65 participants in Fiscal Year 2019 and US$173,802,447.00 to 66 participants in Fiscal Year 2018.

“MAP reaches virtually every corner of the globe, helping to build markets for a wide variety U.S. farm and food products. FAS provides cost-share assistance to eligible U.S. organizations for activities such as consumer advertising, public relations, point-of-sale demonstrations, participation in trade fairs and exhibits, market research and technical assistance. When MAP funds are used for generic marketing and promotion, participants must contribute a minimum 10-percent match. For promotion of branded products, a dollar-for-dollar match is required.

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

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

For Fiscal Year 2020, the USDA allocated US$26,961,898.00 to 22 participants under the FMD compared to US$27,097,191.00 in taxpayer funds to 22 participants in Fiscal Year 2019 and US$26,484,947.00 to 23 participants in Fiscal Year 2018.

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

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

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

Value Of MAP/FMD

For the United States business community, the MAP/FMD amendment to the Farm Bill was significant, but more likely to provide greater financial value to the government of the Republic of Cuba than to United States food product and agricultural commodity exporters using provisions of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000.

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

FMD Participant FY 2020 Allocation
Almond Board of California $192,819
American Hardwood Export Council, APA - The Engineered Wood Association, Softwood Export Council, and Southern Forest Products Association $2,578,929
American Peanut Council $461,575
American Seed Trade Association $187,182
American Sheep Industry Association $119,814
American Soybean Association $6,993,963
Cotton Council International $4,084,667
Cranberry Marketing Committee $162,365
Mohair Council of America $29,094
National Renderers Association $591,347
National Sunflower Association $162,360
North American Millers Association $50,679
U.S. Dairy Export Council $523,346
U.S. Dry Bean Council $99,367
U.S. Grains Council $2,754,371
U.S. Hide, Skin and Leather Association $700,675
U.S. Livestock Genetics Export, Inc. $373,044
U.S. Meat Export Federation $1,154,347
U.S. Wheat Associates $3,472,254
USA Dry Pea and Lentil Council $31,819
USA Poultry and Egg Export Council $890,505
USA Rice Federation $1,347,376
Total: $26,961,898

https://www.fas.usda.gov/programs/foreign-market-development-program-fmd/fmd-funding-allocations-fy-2020

MAP Participant FY 2020 Allocation
Alaska Seafood Marketing Institute $4,226,181
American Hardwood Export Council, APA - The Engineered Wood Association, Softwood Export Council, and Southern Forest Products Association $8,413,475
American Peanut Council $2,438,722
American Pecan Council $596,856
American Pistachio Growers/Cal-Pure Produce, Inc. $1,717,957
American Seed Trade Association $331,757
American Sheep Industry Association $441,441
American Soybean Association $4,402,578
American Sweet Potato Marketing Institute $212,565
Blue Diamond Growers/Almond Board of California $4,959,208
Brewers Association, Inc. $650,770
California Agricultural Export Council $981,458
California Cherry Marketing and Research Board $490,309
California Fresh Fruit Association $394,319
California Olive Committee $131,864
California Pear Advisory Board $363,530
California Prune Board $2,796,257
California Strawberry Commission $290,446
California Table Grape Commission $3,246,556
California Walnut Commission $3,927,959
Cherry Marketing Institute $290,296
Cotton Council International $14,454,482
Cranberry Marketing Committee $1,603,192
Distilled Spirits Council of the United States $489,298
Florida Department of Citrus $3,368,994
Florida Tomato Committee $246,201
Food Export Association of the Midwest USA $9,842,666
Food Export USA NE $8,602,188
Ginseng Board of Wisconsin $416,017
Hop Growers of America $378,030
Intertribal Agriculture Council $716,965
Mohair Council of America $77,685
National Association of State Depts. of Agriculture $2,744,277
National Confectioners Association $1,167,993
National Potato Promotion Board $4,610,157
National Renderers Association $972,413
National Sunflower Association $948,772
National Watermelon Promotion Board $193,136
New York Wine and Grape Foundation $411,447
Northwest Wine Coalition $1,029,921
Organic Trade Association $812,786
Pear Bureau Northwest $2,693,703
Pet Food Institute $1,401,529
Raisin Administrative Committee $2,680,808
Southern United States Trade Association $6,761,723
Sunkist Growers, Inc $1,653,152
Synergistic Hawaii Agriculture Council $306,400
The Popcorn Board $318,362
U.S. Apple Export Council $473,152
U.S. Dairy Export Council $4,641,021
U.S. Dry Bean Council $967,689
U.S. Grains Council $8,886,830
U.S. Hide, Skin and Leather Association $316,633
U.S. Highbush Blueberry Council $196,836
U.S. Livestock Genetics Export, Inc. $1,479,906
U.S. Meat Export Federation $12,954,232
U.S. Wheat Associates $5,869,104
USA Dry Pea and Lentil Council $1,022,920
USA Poultry and Egg Export Council $5,400,208
USA Rice Federation/U.S. Rice Producers Association $2,733,761
Washington Apple Commission $4,734,994
Washington State Fruit Commission $1,665,504
Welch Foods Inc. $864,644
Western U.S. Agricultural Trade Association $8,136,536
Wine Institute $6,299,144
Total: $176,849,915

https://www.fas.usda.gov/programs/market-access-program-map/map-funding-allocations-fy-2020

Previous Posts:

https://www.cubatrade.org/blog/2019/10/9/why-is-usda-stonewalling-response-to-follow-up-about-fmdmap-funding-for-which-it-previously-provided-answers?rq=FMD

https://www.cubatrade.org/blog/2019/4/7/7cb0as049n0xbcz6emunepm577w2zj?rq=FMD

U.S. Ag/Food Exports To Cuba Collapse 61.8% In October 2019; Remain Up 21.2% Year-To-Year

ECONOMIC EYE ON CUBA©

December 2019

October 2019 Food/Ag Exports To Cuba Decrease 61.8%- 1

111th In October 2019 Of 222 U.S. Food/Ag Export Markets- 2

Year-To-Year Exports Increase 21.2%; Cuba Ranks 58th- 2

October 2019 Healthcare Product Exports US$0.00- 2

October 2019 Humanitarian Donations US$338,917.00- 3

 RIMCO (Caterpillar Distributor) Exports Railway Fixtures- 3

Obama Administration Initiatives Exports Continue To Increase- 3

U.S. Port Export Data- 16

OCTOBER 2019 FOOD/AG EXPORTS TO CUBA DECREASE 61.8%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in October 2019 were US$3,704,369.00 compared to US$9,698,149.00 in October 2018 and US$21,436,667.00 in October 2017.

United States exports from January 2019 through October 2019 were US$250,322,837.00 compared to US$206,438,247.00 from January 2018 through October 2018, representing an increase of 21.2%.

The exports from the United States to the Republic of Cuba are 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.

LINK To Complete Report

Secretary Of State Pompeo Mentions Libertad Act Lawsuits In Speech At University Of Kentucky

Diplomatic Realism, Restraint, and Respect in Latin America
12/02/2019 02:09 PM EST

Michael R. Pompeo, Secretary of State
University of Louisville
Louisville, Kentucky

Excerpts….. [BOLD added]

SECRETARY POMPEO: Good morning. (Applause.) Thank you. Thank you all very much. Good morning. It’s great to be here. You have beautiful weather down here in Kentucky. (Laughter.)

Senator McConnell, thank you so much for that gracious introduction. It is – Senator McConnell has truly been a great partner of mine, of the State Department, of the Central Intelligence Agency, in his role as the leader in the United States Senate.

It’s great to be back in Kentucky. You know politicians always talk about being back, but this is true. I was stationed down at Fort Knox not once, but twice. I know every bar in Elizabethtown. (Laughter.) It’s been a couple decades, but I’ll bet I could still find them. (Laughter.)

I do want to thank, too, the McConnell Center and the University of Louisville for having me here. It’s difficult to come on campus. The last time I interacted with the University of Louisville, you were beating

Back in May, I spoke at a place called the Claremont Institute out in California. I used those remarks to talk about President Trump’s vision for American foreign policy, and I told that group that President Trump is within the American tradition, but is staring at this from the perspective of how the Founders thought about American foreign policy. There were three central ideas if you go back and read.

First was this idea of realism. You have to stare at the problem set as it is, not as you wish it were to be.

The second idea is restraint: understanding that we live in this unbelievably exceptional nation. We have an enormous privilege as American citizens, and we have a special role to play in that world; but our power is not limitless, and sometimes we must make difficult choices. And I’ll talk about that a little bit more this morning.

And the third idea is respect: respect for our American principles and how other nations choose to run their affairs inside of their own countries.

And I want to talk about that today in the context of a place that gets too little attention from us here in the United States, and it’s the work that we do here in the Western Hemisphere, the place that we all live. I looked at the list of where my previous – where the previous secretaries of state has traveled, and too often there was neglect to the places most close to us. I want to start with the big picture in Latin America.

In just the last few years, we’ve seen some truly remarkable things. Many nations have made a sharp turn towards democracy and capitalism, good government, away from dictatorship and socialism and the corruption that has been endemic in some of those countries.

You see this just in the past few weeks. The Bolivians are rebuilding their democracy even as we sit here today. No one in the region any longer believes that authoritarianism is the way forward, that it’s the right path, whether you stare at the people in Cuba or in Nicaragua or in Venezuela. They all can see the path forward is different from what they have been living.

When I was in Chile back in April, we saw how people there used their new democratic power for good causes. In July, nations of the region got together and began their first concerted effort to combat terrorism. Argentina designated Hizballah as a terrorist organization – first time ever that they had contemplated something like that.

Regional multilateral organizations too, like the Organization of American States and the Lima Group are members of a treaty called the Rio Treaty. They have taken the lead. They have allowed America to be the supporting effort in helping the Venezuelan people move towards achieving their desire for freedom, liberty, and to simply take care of their own families.

It was the summer, just a few months ago, when the Organization of American States put out its first ever statement affirming the right to religious freedom, something this administration has taken to heart and worked on tirelessly.

And Bolivia, as I said before, appointed its first ambassador to the United States in over a decade.
There is more democratic cooperation in our hemisphere today than at any point in history, and we’re proud of the fact that we have been a part of helping them get to that place.

We do this for a couple of reasons. This gets to how President Trump thinks about the world. We support it because people should be free to exercise their unalienable right to self-government. We support it because political freedom goes hand in hand with economic freedom, and economic flourishing, and trade with these nations benefits the people here in Kentucky and all across America. And we support it, too, because it’s simply the right thing to do.

Authoritarian regimes don’t go easily, however. Take a look at Maduro; he’s hanging on today. He rules Venezuela, but will never again govern it. But make no mistake, he and other dictators like him will work to continue to suppress their people.

Cuba, too, has tried to hijack legitimate democratic protests in its country and in the region to drive them towards their ideologic ends. Colombia has closed its border to Venezuela out of concern that protesters from – terrorists from Venezuela might enter. And the Maduro regime continues not to place any value on human life and human suffering, and their current lawful president, Juan Guaido, is working diligently to achieve that freedom for their people.

You see, too, malign interference in the region. We’ve worked tirelessly to push back against it. Today, in Venezuela, Rosneft, which is Russia’s state-backed oil company, continues to prop up the corrupt and illegitimate Maduro leadership. They take billions of dollars out of the Venezuelan economy each and every year.

We’ve tried to drive with moral and strategic clarity the recognition that authoritarianism in our hemisphere is a threat – it’s a threat to us here in the United States. We cannot tolerate these regimes inviting bad actors in, and trying to turn allied democracies into dictatorships. Indeed, the Maduro regime has permitted Iranians to come into their country, posing an even greater threat here to the United States. And we’ve done so in a way that’s been realistic, within the capacity of the American power to achieve the ends that we’re seeking to achieve.

So what did we do? We rolled back the Obama administration’s cuddling up to Cuba by applying heavy new sanctions. We’ve recognized that engagement has not improved Cuba’s regime, it hasn’t made it better; the human rights record was worse, the risk to the Cuban people was worse, and the risk to the United States was worse, and their capacity to influence Venezuela even greater. So we’ve changed that.

We’ve allowed Americans to seek justice by suing the regime in Havana to recover property that it stole a long time ago. It only makes sense when Americans had their stuff stolen to give them a chance to get it back.

And we’ve applauded countries that have expelled Cubans who have come to live as doctors inside of their borders, who were really working on behalf of the government. These doctors – this was a program that’s hard to fathom sometimes. They sent doctors to countries all around the world. They traffic to generate income for the Cuban leadership. So the doctors receive 10 or 20 percent of the revenue that they generate, and the rest goes to fund the Cuban regime.

We see these tyrants in the region for what they are, and we craft policies to confront them, not to appease them. And this really gets to the second point. Our policy on Venezuela is mixed with restraint.

We’ve seen folks calling for regime change through violent means, and we’ve said since January that all options are on the table to help the Venezuelan people recover their democracy and prosperity. That is certainly still true. But we’ve learned from history that the risks from using military force are significant, so we’ve instead worked to deprive Maduro and his cronies of oil revenue that goes to the – that should go to the Venezuelan people in the regime’s pockets. We’ve been ruthless in attacking the drug cartels that traffic drugs into the United States out of Venezuela.

And we built a coalition. This administration has often talked about going it alone. We built a coalition of 57 other allies and partners to maximize both the economic and political pressure that we’ve put on the regime.

And I was talking with Secretary Baker in celebration of 30 years after the fall of the Berlin Wall. He reminded me that there are critiques that say, well, Maduro is still there. You’ve been working on this for months and months and he’s still there. And he reminded me that Eric Honecker was still in East Germany until the day that he was not. And there were articles in the months leading up to that glorious event for freedom across the world that, too, if we do it right and do it well and represent American values, that Maduro, too, will fall. In July of 1989, Nicolae Ceaucescu said capitalism would come to Romania “when apples grew on poplar trees.” And by December he was hanging from a rope. The end will come for Maduro as well. We just don’t know what day.

Our patience, too, can be seen in Nicaragua, where President Trump is working on economic sanctions to restore democracy there. And this demands some level of consistency and relentlessness, and the American people should know that the Trump administration will continue to be relentless.

Secretary Baker reminded me too that in 1950, people were questioning why America hadn’t yet succeeded in bringing down the Soviet Union. Then, one day in 1991, it was also gone. The end came slowly, and then it came really fast. Unending pressure and sensible restraint was the right combination then, and I’m confident that it is now as well.

Lastly, our foreign policy is built on respect. It’s respect for our principles as enshrined in our Declaration of Independence and our Constitution, and respect for how our neighbors and allies run their affairs.

We are so blessed here. America remains the greatest example in democracy in the history of the world.
And so we in the Trump administration will continue to support countries trying to prevent Cuba and Venezuela from hijacking those protests.

And we’ll work with legitimate governments to prevent protests from morphing into riots and violence that don’t reflect the democratic will of the people.

And we’ll be vigilant too. Vigilant that new democratic leaders don’t exploit people’s frustrations to take power, to hijack the very democracy that got them there. That’s the kind of respect that we owe to other governments, for people, so that they can have democracy in their own nations. I’ll end here. So I want to spend – leave plenty of time for questions.

I’m proud of what we’ve done in the region. There remains an awful lot of work to do in our own backyard, in our own hemisphere. The good news is that the sun of democracy is dawning in many places close to us. Whatever its day brings, we’ll approach it with our friends in a spirit of realism and restraint and support for the peoples of our region.

Thank you, and God bless you. God bless Kentucky. And God bless the United States of America. Thank you for having me. (Applause.)

EU To Retain US Law Firm(s) To Help Defend Companies Sued In U.S. Using Libertad Act

The twenty-eight (28) member Brussels, Belgium-based European Union (EU) has confirmed its intention to issue a Request For Proposal (RFP) to law firms in the United States. 

The law firms would be retained to file “amicus curiae” (friend-of-the-court) motions and other motions on behalf of each Libertad Act Title III lawsuit defendant who is domiciled in the EU.

As of 1 December 2019, there are nine (9) companies listed as defendants in Title III Libertad Act lawsuits or listed in lawsuits as having been contacted by plaintiff attorneys as a prelude to listing as a defendant.

Depending upon the complexity of the legal issues in each case, the total cost to the EU could exceed US$1 million.

LINK To Libertad Act Filing Statistics

Libertad Act 

The Trump Administration has 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.   

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

Suspension History 

Title III has been suspended every six months since the Libertad Act was enacted in 1996- by President William J. Clinton, President George W. Bush, President Barack H. Obama and President Donald J. Trump.   

On 16 January 2019, The Honorable Mike Pompeo, United States Secretary of State, reported a suspension for forty-five (45) days.

On 4 March 2019, Secretary Pompeo reported a suspension for thirty (30) days. 

On 3 April 2019, Secretary Pompeo reported a further suspension for fourteen (14) days through 1 May 2019.

On 17 April 2019, the Trump Administration reported that it would no longer suspend Title III. 

On 2 May 2019 certified claimants and non-certified claimants were permitted to file lawsuits in United States courts.

20 Libertad Act Lawsuits: 29 Law Firms; 102 Attorneys; US$4 Million Billable Hours; 544 Court Filings; 2,800 Pages Of Documents

As of 5 December 2019, more than seven months since Trump Administration made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”):

20 Lawsuits Filed
US$130,960.00 Court Filing Fees
29 Law Firms
102 Listed Attorneys
544+ Document Filings
2,800+ Filed Court Documents
US$4+ Million In Law Firm Billable Hours (estimated 85% by defendants)
103 Companies/Individuals, excluding attorneys, are lawsuit parties
72 Plaintiffs
4 Class Action status requests
67 Defendants
5 Companies notified as will be added as defendants unless prompt settlement

Lawsuits have been filed in the United States District Courts in Southern Florida (16), Washington DC (1), Western Washington State (1), Nevada (1) and Delaware (1).

The 28 Law firms retained by plaintiffs/defendants: Akerman; Arent Fox; Baker & McKenzie; Boies Schiller Flexner; Coffey Burlington; Colson Hicks Eidson; Cueto Law Group; Ewusiak Law; Hogan Lovells; Holland & Knight; Jones Walker; Kozyak Tropin & Throckmorton; Law Offices Of Paul Sack; Manuel Vazquez PA; Margol & Margol; Mayer Brown; Pacifica Law Group; Morgan, Lewis & Bockius; Morris Nichols Arsht & Tunnell; Rabinowitz, Boudin, Standard, Krinsky & Lieberman; Reed Smith; Reid Collins & Tsai; Rice Reuther Sullivan & Carroll; Rivero Mestre; Rosenthal, Monhait & Goddess; Scott Douglass & McConnico; Steptoe & Johnson; Venable; Wicker Smith O’Hara McCoy & Ford.

The twenty-eight (28) member Brussels, Belgium-based European Union (EU) has confirmed its intention to issue a Request For Proposal (RFP) to law firms in the United States.  The law firms would be retained to file “amicus curiae” (friend-of-the-court) motions and other motions on behalf of each Libertad Act Title III lawsuit defendant who is domiciled in the EU.  

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 Complete Analysis In PDF Format

U.S. Has Presidency Of UN Security Council For December; Expect Focus On Venezuela, Cuba, Nicaragua

With the Trump Administration assuming the Presidency of the United Nations Security Council for the month of December 2019, expect an aggressive and highly-visible focus upon Venezuela, Republic of Cuba, and Nicaragua, as well as Iran, according to a senior-level official at The White House. 

Although aggressive resolutions are expectantly to be vetoed by the Russian Federation and People’s Republic of China, the United States may have a numerical majority of eight to seven, allowing at least some resolutions to have an electoral legitimacy.  

With The Honorable Donald J. Trump, President of the United States, spending considerable time during the month of December 2019 in the State of Florida, the focus on resolutions and speeches at the United Nations which focus upon the Republic of Cuba, Nicaragua and Venezuela will be highlighted for political purposes. 

The White House
Washington DC
29 November 2019

Statement from the Press Secretary Regarding the Visit of the Permanent Representatives of the United Nations Security Council 

“President Donald J. Trump will welcome the Permanent Representatives of the United Nations Security Council to the White House on December 5, 2019. This visit will coincide with the United States assumption of the Presidency of the Security Council for December.  President Trump will highlight the United States leadership of the United Nations Security Council and will urge Permanent Representatives to work together to address challenges to international peace and security.”  

The Security Council is composed of 15 Members: There are five permanent members: China, France, Russian Federation, United Kingdom, and United States.   

There are 10 non-permanent members elected for two-year terms by the General Assembly (end of term year): Belgium (2020;) Cote d’Ivoire (2019); Dominican Republic (2020); Equatorial Guinea (2019); Germany (2020); Indonesia (2020); Kuwait (2019); Peru (2019); Poland (2019); and South Africa (2020). 

President Trump has confirmed meetings with heads of state and heads of government on 3 December 2019 and 4 December 2019 while in London, United Kingdom, to participate in a leadership gathering of the North Atlantic Treaty Organization (NATO).  The meetings will be with representatives of Germany, France, Poland, and United Kingdom- four of the fifteen members of the United Nations Security Council for December 2019.

From the United Nations: “The Security Council has primary responsibility, under the UN Charter, for the maintenance of international peace and security.  It has 15 Members (5 permanent and 10 non-permanent members). Each Member has one vote. Under the Charter, all Member States are obligated to comply with Council decisions. The Security Council takes the lead in determining the existence of a threat to the peace or act of aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement. In some cases, the Security Council can resort to imposing sanctions or even authorize the use of force to maintain or restore international peace and security.  The Security Council has a Presidency, which rotates, and changes, every month.” 

Some [in bold] of the fifty-eight (58) countries who recognize Juan Guaido as Interim President of Venezuela are members of the United Nations Security Council: Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belgium, Bolivia, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Japan, Kosovo, Latvia, Lithuania, Luxembourg, Malta, Marshall Islands, Micronesia, Montenegro, Morocco, the Netherlands, North Macedonia, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Romania, Slovenia, Spain, Sweden, Ukraine, the United Kingdom and the United States.  The European Parliament recognized Mr. Guaido; the European Union (EU) recognized the National Assembly of Venezuela. 

Countries expressing support for President Maduro of Venezuela: China, Cuba, Iran, Russia, Syria, and Turkey. 

Countries with a position of neutrality: Mexico.

11 New Libertad Act Title III Lawsuit Filings- American Airlines, LATAM, Royal Caribbean, Susshi, Carnival, MSC, Norwegian, Exxon

Jose Ramon Lopez Regueiro vs. American Airlines Inc., and LATAM Airlines Group, S.A.
Defendant LATAM Motion To Dismiss The Complaint And Memorandum Of Law
26 November 2019
25391

Jose Ramon Lopez Regueiro vs. American Airlines Inc., and LATAM Airlines Group, S.A.
Defendant American Airlines Motion To Dismiss The Complaint And Memorandum Of Law
26 November 2019
19473635

Havana Docks Corporation vs. Royal Caribbean Cruises, Ltd.
Order Setting Civil Trial Date And Pretrial Schedule, Requiring Mediation, And Referring Certain Matters To Magistrate Judge
26 November 2019
19470109

Diego Trinidad vs. Expedia, Inc.
Defendant Motion To Dismiss For Lack Of Personal Jurisdiction, Lack Of Subject Matter Jurisdiction, And For Failure To State A Claim, And Memorandum Of Law
25 November 2019
96068

Jose Ramon Lopez Regueiro vs. American Airlines Inc., and LATAM Airlines Group, S.A.
Order Setting Civil Trial Date And Pretrial Deadlines
22 November 2019
19462275

Daniel A. Gonzalez vs. Amazon, Inc., and Susshi International, Inc.
Defendant Susshi Motion To Dismiss Plaintiff’s Complaint
19 November 2019
19444733

Havana Docks Corporation vs. Carnival Corporation
Defendant First Amended Answer And Affirmative Defenses
15 November 2019
46573

Havana Docks Corporation vs. MSC Cruises
Reply In Support Of Defendants’ Motion To Dismiss The Compaint
15 November 2019
19434804

Javier Garcia-Bengochea vs. Norwegian Cruise Line Holdings Ltd.
Defendant Reply In Support Of Motion To Dismiss
15 November 2019
19436992

Havana Docks Corporation vs. Norwegian Cruise Lines Holdings Ltd.
Defendant Reply In Support Of Motion To Dismiss
15 November 2019
19436986

Exxon Mobil Corporation vs. Corporacion Cimex S.A. and Union Cuba-Petroleo
Plaintiff Amended Complaint
12 November 2019
24062

U.S. Department Of State Sanctions Another Cuba Oil Importer

Michael R. Pompeo, Secretary of State
Washington, D.C.
Press Briefing Room
26 November 2019

SECRETARY POMPEO: Good morning, everyone. I want to comment this morning on a few terrorism-related matters, a terrorist regime, and a couple other items as well.

…

I also have a short announcement on Cuba.

Today, the United States is taking action to prevent Cubametales from circumventing U.S. sanctions.

Cubametales is a Cuban state-run company and the primary facilitator of illegal oil imports from Venezuela. To further contain their action, we are putting sanctions on another Cuban company, Corporacion Panamericana S.A., pursuant to Executive Order 13850.

Cubametales was sanctioned back on July of 2019. It has since had trouble finding companies willing to conduct business with it.

It has relied on this company to evade sanctions as it carries out the oil for repression scheme between Cuba and Venezuela, a scheme declared illegal by the legitimate government of Venezuela.

The Venezuelan and Cuban people continue to suffer at the hands of despotic actors who put their own interests above the interests of their people.

Today’s action will further squeeze the illegal, profitmaking scheme Cuba carries out to help the illegitimate dictator Nicolas Maduro and his unraveling network of corrupt advisors.

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

On 29 May 2019, descendants of Mr. Rafael Lucas Sanchez Hill, acting as Central Santa Lucia L.C., filed a lawsuit in Spain seeking US$10 million from Palma de Mallorca, Spain-based Meliá Hotels International seeking damages for the use of land upon which a hotel is located in the Republic of Cuba. The lawsuit is not using provisions of Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as "Libertad Act").

In October 2019, Melia Hotels International reportedly received a Libertad Act Title IV letter from the United States Department of State; unknown is which property or properties in the Republic of Cuba are the basis for the letter.  

On 3 September 2019, the court in Spain dismissed the lawsuit on grounds of jurisdiction.  On 30 September 2019, the plaintiffs filed an appeal.  

On 18 October 2019, Melia Hotels International filed its 55-page response including reference to European Council (EC) Regulation No. 2271/1996 enacted on 22 November 1996. 

LINK To Response 

LINK To Case Filings 

On 12 March 2002, Meliá Hotels International reportedly offered US$5 million to the descendants of Mr. Rafael Lucas Sanchez Hill as payment for "trafficking" relating to the Sol Rio de Oro Hotel in response to enactment in 1996 of the Libertad Act.

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

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

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

If admitted as evidence by the United States District Court Southern District of Florida where a lawsuit with forty (40) plaintiffs seeking class action status using Title III of the Libertad Act was filed on 11 September 2019 that includes Melia Hotels International S.A. and Melia Hotels USA, LLC. as defendants, the offer in 2002 of US$5 million by Melia Hotels International could be construed as an acknowledgement of culpability.  

Other hotel management companies operating in the Republic of Cuba- those already listed as defendants in lawsuits and those notified by plaintiff attorneys as potential defendants in lawsuits could be impacted by the offer in 2002 by Melia Hotels International S.A., particularly as the company has the largest number of properties under management in the Republic of Cuba, and recently inaugurated a new property. LINK To 40-Plaintiff Case.  

LINK To Complete Analysis In PDF Format 

LINK To EEOC Posts: 

https://www.cubatrade.org/blog/2019/10/3/plaintiffs-appeal-lawsuit-dismissal-in-spain-against-melia-hotels-international-plaintiffs-also-have-sued-melia-hotels-international-in-the-united-states?rq=Santa%20Lucia 

https://www.cubatrade.org/blog/2019/9/4/2sv7ypsuz6wyb8aykm25cseuvcpacu?rq=Sanchez%20Hill 

https://static1.squarespace.com/static/563a4585e4b00d0211e8dd7e/t/5d07d7032436580001378fb3/1560794896221/DEMANDA+SANTA+LUCIA+vs+MELIA.pdf 

Could Statement By U.S. Department of State Be Precursor To Expulsion Of Cuba's Ambassador To U.S.?

Could the statement by the United States Department of State be a precursor to the expulsion of H.E. Jose Cabanas, Ambassador of the Republic of Cuba to the United States? 

Consider this scenario:  The United States recalls for consultations Dr. Mara Tekach, Charge d’Affaires at the United States Embassy in Havana, Republic of Cuba.  The reason- the United States will not permit the government of the Republic of Cuba to insult its diplomats.  As the United States Embassy in Havana no longer has a Charge d’Affaires, there is no reason for the Republic of Cuba to have an Ambassador in the United States; H.E. Jose Cabanas, Ambassador of the Republic of Cuba to the United States is expelled.  [NOTE: Ambassador Cabanas was to have been replaced during the last two years, but the government of the Republic of Cuba recognized that the Trump Administration would not credential a replacement].  With neither Ambassador nor Charge d’Affaires in either country, the United States downgrades embassies to interests sections and again requests the government of Switzerland to manage United States interests in the Republic of Cuba.  Once completed, the United States Department of State returns the Republic of Cuba to the list of State Sponsors Of Acts Of International Terrorism with reasoning based upon the role of the Republic of Cuba in Venezuela and other countries.  The Obama Administration removed the Republic of Cuba from the list in 2015.  The current list: Iran, North Korea, Sudan and Syria. 

From the United States Department of State: “Countries determined by the Secretary of State to have repeatedly provided support for acts of international terrorism are designated pursuant to three laws: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act. Taken together, the four main categories of sanctions resulting from designation under these authorities include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions.  Designation under the above-referenced authorities also implicates other sanctions laws that penalize persons and countries engaging in certain trade with state sponsors.” 

Potential Impact: A return of the Republic of Cuba to the list of State Sponsors Of Acts Of International Terrorism could adversely impact regularly-scheduled commercial airline service as insurance companies may increase costs for and/or choose not to cover passengers and equipment; authorized financial transactions could be impacted as financial institutions determine that compliance is not worth the reputational risk; credit card transactions could be impacted as issuers determine compliance is not worth the reputational risk; authorized exports could be impacted as exporters and processors of export transportation choose to avoid engagement with a listed country.  The Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury would increase both its focus upon enforcement of existing sanctions and creating new sanctions. 

Cuban Government Allegations of Political Interference Against U.S. Chargé d’Affaires

22 November 2019

Michael R. Pompeo, Secretary of State 

The U.S. government strongly condemns the Castro regime’s accusations against our Chargé d’Affaires at the U.S. Embassy in Havana, Mara Tekach.  The regime has launched these baseless allegations against her in an attempt to distract the international community from its abysmal treatment of the Cuban people, especially the ongoing arbitrary detention of dissident Jose Daniel Ferrer.  Nevertheless, our Chargé d’Affaires and her team at the U.S. Embassy in Havana remain steadfast as they carry out the President’s mission to defend human rights and advance the cause of democracy in Cuba. 

A key part of this work is to call out the Castro regime’s reprehensible human rights violations and abuses.  The dedicated U.S. diplomats at Embassy Havana also meet with human rights defenders in Cuba, as U.S. diplomats do throughout the world. 

Cuba’s Ambassador in Washington enjoys freedom of expression here in the United States and uses it to publicly criticize our government.  We only wish other Cuban citizens, including the over 100 other political prisoners currently incarcerated by the Cuban regime and the hundreds of other dissidents subject to official harassment, could enjoy that same right to freedom of expression and the ability to criticize their own government in Cuba, as they could if Cuba honored its international human rights commitments. 

Instead, the Castro regime’s first recourse is to dust off obsolete talking points from what should be a bygone era and describe any independent voices as mercenaries, subversives, and spies.  The reality is that it is the repression of the Cuban people, the stifling of their dreams, and the denial of their dignity that discredit the communist regime and their revolution. 

The United States has, and will continue to, openly and transparently express our grave concerns about the treatment and condition of human rights defenders in Cuba.  The United States stands for the fundamental freedoms of expression, religion, association, and assembly – and we will stand by those in Cuba who desire the same.

Amazon And Susshi International File Motions To Dimiss Libertad Act Lawsuit

Amazon: 

“Plaintiff brings a claim under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act (“Helms-Burton” or the “Act” or “Title III”) against Amazon and Susshi International Inc. (dba “FOGO”). Amazon operates the online store at Amazon.com. Plaintiff claims that the image in the Complaint (Figure 1) showing a bag of charcoal being sold on Amazon.com sufficiently alleges that Amazon “knowingly and intentionally” trafficked in property confiscated by the Cuban Government. Based merely on the allegation that an unknown third-party sold charcoal on Amazon.com, which was described as “from independent farmers in Cuba,” Plaintiff seeks to hold Amazon liable under Helms-Burton for trafficking in the farmland he claims the Cuban Government confiscated from his grandfather (the “Farmland”).” 

LINK

From Susshi International: 

“Plaintiff’s complaint fails under both Rules 8(a) and 12(b)(6) because, not only does Plaintiff fail to allege sufficient standing to bring this action, he also fails to allege any plausible claim of relief. Plaintiff fails to meet his burden of establishing ownership of the claim to the confiscated property. Plaintiff fails to plead any plausible nexus between FOGO’s imported marabu charcoal and the alleged confiscated property, absent which he can never satisfy the threshold requirements of the statute under which he seeks to recover. See 22 U.S.C. §6082(a)(1)(A). Plaintiff also fails to plausibly plead how Defendant FOGO has either “knowledge” or “reason to know” that its conduct is anything other than lawfully licensed activity. See 22 U.S.C. § 6081(13).”

LINK

Carnival's Motion To Dismiss One Libertad Act Lawsuit: Costa Rica Law & When-Is-What-Owned

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 19-cv-21725-KING

JAVIER GARCIA-BENGOCHEA,

Plaintiff,

v.

CARNIVAL CORPORATION d/b/a/ CARNIVAL CRUISE LINE, a foreign corporation,

Defendant.

CARNIVAL CORPORATION’S RULE 44.1 NOTICE OF INTENT TO RAISE AN ISSUE OF FOREIGN LAW

Pursuant to Fed. R. Civ. P. 44.1, Defendant Carnival Corporation (“Carnival”) hereby gives notice of its intent to raise an issue of Costa Rican law, including the issues raised in the affidavits of Esteban Aguero and Keith Rosenn. See Fed. R. Civ. P. 44.1.

EVEN IF THE BEQUEST WERE EFFECTIVE, BENGOCHEA’S CLAIM FAILS BECAUSE HE “ACQUIRE[D]” HIS “OWNERSHIP OF THE CLAIM” AFTER MARCH 12, 1996

A. Helms-Burton Requires a Plaintiff Suing Over Property Confiscated Before March 12, 1996 to Have Acquired Ownership of the Claim Before March 12, 1996

LINK

LINK

LINK

LINK

LINK

MSC Cruises Files Motion To Dismiss Libertad Act Lawsuit- "Does Not Pass Muster..."

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

Case No. 1:19-cv-23588-BLOOM/Louis

HAVANA DOCKS CORPORATION, Plaintiff,

v.

MSC CRUISES (USA) INC. and MSC CRUISES SA CO., Defendants.

“Plaintiff Does Not Plausibly Allege How Each Defendant Is Liable Under Title III Plaintiff’s conclusory pleading does not pass muster under the Twombly-Iqbal standard. Plaintiff fails to demonstrate how its Complaint provides any factual allegations that would enable Defendants to understand how the MSCC Defendants, as opposed to any other person or entity, allegedly “trafficked” in confiscated property. D.E. 34 (“Opp.”) at 3-5.”

LINK

Previous Post: https://www.cubatrade.org/blog/2019/10/17/7cospycxxfkbexceu0du3r96t0a6ik?rq=MSC%20Cruises

U.S. Designates Cuba's Minister Of Interior And His Children Under Section 7031(c); Raul Castro & Family Designated In September; More Designations Expected

Public Designation of Julio Cesar Gandarilla Bermejo under Section 7031(c) of the FY 2019 Department of State, Foreign Operations List  

16 November 2019

United States Department of State

Washington DC 

Michael R. Pompeo, Secretary of State 

The Department is publicly designating Julio Cesar Gandarilla Bermejo, Minister of Cuba’s Ministry of the Interior (MININT), under Section 7031(c) of the FY 2019 Department of State, Foreign Operations, and Related Programs Appropriations Act, as carried forward by the Continuing Appropriations Act, 2020, due to his involvement, by command responsibility, in gross violations of human rights in Venezuela.  Section 7031(c) provides that, in cases where the Secretary of State has credible information that foreign government officials have been involved in significant corruption or a gross violation of human rights (GVHR), those individuals and their immediate family members are ineligible for entry into the United States. 

The law also requires the Secretary of State to publicly or privately designate such officials and their immediate family members.  In addition to the public designation of Julio Cesar Gandarilla Bermejo, the Department is also publicly designating his children, Julio Cesar Gandarilla Sarmiento and Alejandro Gandarilla Sarmiento. 

In addition to the GVHRs in Venezuela that serve as basis for this designation, Cuba’s Ministry of the Interior is responsible for arbitrarily arresting and detaining thousands of Cuban citizens and unlawfully incarcerating more than 100 political prisoners in Cuba.  Ministry officials have overseen the torture of political dissidents, detainees, and prisoners, as well as the murder of some of these individuals by police and security forces.  Gandarilla Bermejo is complicit in arbitrarily or unlawfully surveilling these groups, whether they be citizens or visitors. 

The United States continues to support the Cuban and Venezuelan people, and the Department implements this designation with that goal in mind.  The Castro regime’s repression of human rights and fundamental freedoms in both Cuba and Venezuela necessitates worldwide concern and a louder international call to action.  We strongly encourage other governments and international organizations demand accountability of the Cuban government for violating and abusing human rights and fundamental freedoms.

Public Designation of Raul Castro, Due to Involvement in Gross Violations of Human Rights

September 26, 2019

United States Department of State

Washington DC 

Michael R. Pompeo, Secretary of State 

The Department is publicly designating Raul Modesto Castro Ruz, the First Secretary of the Central Committee of the Cuban Communist Party and First Secretary of the Cuban Revolutionary Armed Forces, under Section 7031(c) of the FY 2019 Department of State, Foreign Operations, and Related Programs Appropriations Act, due to his involvement in gross violations of human rights.  Section 7031(c) provides that, in cases where the Secretary of State has credible information that foreign government officials have been involved in significant corruption or a gross violation of human rights, those individuals and their immediate family members are ineligible for entry into the United States. 

The law also requires the Secretary of State to publicly or privately designate such officials and their immediate family members.  In addition to the public designation of Raul Castro, the Department is also publicly designating his children, Alejandro Castro Espin, Deborah Castro Espin, Mariela Castro Espin, and Nilsa Castro Espin. 

As First Secretary of the Cuban Communist Party, Raul Castro oversees a system that arbitrarily detains thousands of Cubans and currently holds more than 100 political prisoners.  As First Secretary of Cuba’s Armed Forces, Castro is responsible for Cuba’s actions to prop up the former Maduro regime in Venezuela through violence, intimidation, and repression.  In concert with Maduro’s military and intelligence officers, members of the Cuban security forces have been involved in gross human rights violations and abuses in Venezuela, including torture.  Castro is complicit in undermining Venezuela’s democracy and triggering the hemisphere’s largest humanitarian crisis, forcing 15 percent of the Venezuelan population to flee the country and precipitating a food shortage and health crisis of unprecedented scale in this region. 

The United States strongly supports the rights of the Cuban and Venezuelan people.  We will continue to pursue all diplomatic and economic tools to help the Venezuelan people achieve the transition they deserve.

U.S. Department Of State Adds Five Sub-Entities To Cuba Restricted List

State Department Updates the Cuba Restricted List

15 November 2019  

Michael R. Pompeo, Secretary of State 

Today, I am announcing an update to the Cuba Restricted List to add five sub-entities owned by the Cuban military to the list of entities with which direct financial transactions are generally prohibited. On November 16th, Cuba commemorates Havana’s 500th anniversary. Havana was once one of the most dynamic and prosperous cities in the Americas. Far from being a celebration, this anniversary is instead a sad reminder of how the revolution continues to fail its people by commandeering Cuba’s economy, rather than reforming it to fulfill Cuba’s economic potential, and by forcefully silencing the voices of Cubans that continue the fight for freedom. The United States remains committed to ensuring U.S. funds do not directly support Cuba’s state security apparatus, which not only violates the human rights of the Cuban people, but also exports this repression to Venezuela to support the corrupt former Maduro regime. 

In accordance with the June 2017 National Security Presidential Memorandum-5, “Strengthening the Policy of the United States Toward Cuba,” the U.S. government generally prohibits direct financial transactions with listed entities and sub-entities because they would disproportionately benefit the Cuban military, intelligence, and security services or personnel at the expense of the Cuban people or private enterprise in Cuba. 

For more information on the regulations prohibiting direct financial transactions with entities and sub-entities on the Cuba Restricted List, please refer to the November 2017 regulatory amendments by the Departments of the Treasury (31 CFR part 515) and Commerce (15 CFR parts 730-774).  

The updated Cuba Restricted List can be found at https://www.state.gov/cuba-sanctions/cuba-restricted-list/

France’s Bouygues Construction Has Substantial Tourism Presence In Cuba; And, Ironically Involved With Brickell City Centre in Miami & Other Florida Projects; No Libertad Act Lawsuit

Paris, France-based Bouygues Construction (2018 revenues approximately US$30 billion) Has Substantial Tourism Presence In Cuba; And, Ironically Involved With Miami’s Brickell City Centre & Other Florida Projects.

"Americaribe LLC is a general contractor with offices based in Miami, Florida and Los Angeles, California. We have operated in the U.S. and Caribbean construction market since 2002, delivering large-scale projects such as the iconic Brickell City Centre in Miami and the Waterfront Hotel in Trinidad & Tobago. We currently have operations in Florida, California, the Bahamas, Dominican Republic, Sint Marteen, Grand Cayman and Trinidad and Tobago. As a subsidiary of Bouygues Bâtiment International, a global player in construction with operations in more than 60 countries, Americaribe is able to apply its vast networks and capacity for technical and commercial innovation, cutting-edge engineering skills and expertise in development to offices, hotels, airports, hospitals, schools, housing, exhibition centers, leisure facilities, etc. The goal for Americaribe is to not only bring projects to reality with an outstanding quality, but to bring concepts of innovation all across the industry with its partners, constructing improved lifestyles for the better future. This motto, branching from Bouygues Bâtiment International, is what we paraphrase as "Shared innovation.”"

If A Company Manages A Hotel In Cuba- Could Be Sued
If An Airline Operates At An Airport In Cuba- Could Be Sued
If A Cruise Line Docks Ships In Cuba- Could Be Sued
If An Internet Company Markets Hotels In Cuba- Could Be Sued
If A Company Builds Hotels In Cuba? Safe… Thus Far

2019 Financial Report Results -29 August 2019 

In Cuba, Bouygues Construction continued to build hotels in response to demand from the tourism industry on the island and booked a new order in the first half of 2019. 

2018 First-Half Financial Report 

In the Americas-Caribbean zone, Bouygues Construction operates mainly in the United States and Cuba. In Cuba, the company is building luxury hotel complexes such as Laguna Del Este on Cayo Santa Maria and Mintur International at Varadero. It took orders for three new hotels in Cuba in the first half of 2018.   

2018 Registration Document- Business Activities And CSR Full-Year Financial Report 

Order intake on international markets came to €8.7 billion, 25% more than in 2017, following the acquisition of AW Edwards and Alpiq Engineering Services (Alpiq InTec and Kraftanlagen Munchen). Orders included the WestConnex tunnel in Australia, a physics laboratory for Cambridge University, three new hotels in Cuba, a project to build an artificial island for the tourism industry in the Bahamas, and the construction of a solar farm in Australia. 

2018 sales: €335 million (+46%) The Americas – Caribbean region is growing strongly. Bouygues Construction has a long-term presence in Cuba, where it is a recognised specialist in the construction of turnkey luxury hotel complexes, a growing market because of the steady growth of tourism. In the Bahamas, Bouygues Construction started work on Ocean Cay, a 100-acre artificial island. In the United States, work continued on “Arte by Antonio Citterio”, a luxury residential complex in Florida. 

2016 Registration Document- Business Activities And CSR Full-Year Financial Report 

Order intake on international markets came to €6,872 million, close to the level in 2015. Orders included civil engineering works for the Hinkley Point C EPR nuclear plant in the UK, the Monaco offshore extension project, a new section of Line 3 of the Cairo metro in Egypt, six hotel complex projects in Cuba, the Les jardins du couchant property development at Nyon and new work packages for the Erlenmatt (Basel) and Greencity (Zurich) eco-neighbourhoods in Switzerland, the Clementi property development in Singapore, University 6 in Turkmenistan, Hounslow Civic Centre in the UK and Joseph Brant Hospital in Ontario, Canada. 

There are opportunities in the Americas, especially the United States and Canada, as a result of the stated intention of rebuilding infrastructure, though they are tempered by a risk of greater protectionism. In Cuba, the expanding hotel industry and the need for infrastructure such as airports and port facilities make the country an attractive proposition for Bouygues Construction. 

2016 sales: €348 million (-20%) The Americas/Caribbean region is growing strongly. Bouygues Construction has a long-term presence in Cuba, where it is a recognized specialist in the construction of turnkey luxury hotel complexes. The company continued construction work on around a dozen up-market hotel complexes in Havana, on Cayo Santa Maria, Cayo Coco and Cayo Crus and at Varadero, and also took orders for six new hotels in 2016. The number of tourists visiting the island has soared, opening up great prospects for the Cuban hotel industry. 

In the United States, Bouygues Construction put the finishing touches to the Brickell City Centre development in Miami, a complex comprising offices, shops, apartments and hotels. 

In Cuba, Bouygues Bâtiment International presented its subsidiary in a vocational high school, followed by a job-dating exercise with all the students, leading to the recruitment of 50 site workers. 

Measures either to protect biodiversity or to reintroduce species were undertaken at the following projects: the Challenger renovation, Eikenøtt eco-neighbourhood, La Seine Musicale (Boulogne-Billancourt), the Nîmes-Montpellier railway bypass, the Citybox® street lighting system and the Playa San Agustin hotel (Cuba). The latter venture marks the first application of the BiodiverCity label to a non-French project.  Bouygues Bâtiment International is furthermore developing learning trails for future tourists. Other projects are currently in the labelling phase. 

2015 Registration Document- Business Activities And CSR Full-Year Financial Report 

Cuba. After signing two contracts in May to build two hotels, Bouygues Construction completes three new projects concerning the design and construction of three 5-star hotels in Havana, Cayo Santa Maria and on Cayo Cruz island. 

The economic situation in the Americas is contrasted, differing very considerably from one country to another. In the United States, growth is mainly sustained by household consumption. Central and Latin America remain very much dependent on economic conditions elsewhere. Canada was affected by the falling oil price. Bouygues Construction subsidiaries mostly operate in the United States, Canada and Cuba, with growth being driven mainly by major amenity, infrastructure and hotel projects. 

2015 sales: €434 million (-3%) The Americas/Caribbean region is growing strongly. Bouygues Construction has a long-term presence in Cuba, where it is a recognized specialist in the construction of turnkey luxury hotel complexes. The company continued construction work on up-market hotel complexes on Laguna del Este on Cayo Santa Maria, on Cayo Coco and at Varadero.

It took orders for five hotels, including three 5-star hotels, at Havana, on Cayo Santa Maria and, for the first time, on Cayo Cruz. The number of tourists visiting the island has soared, opening up great prospects for the Cuban hotel industry. 

Health and safety policies at Bouygues Construction’s international operations were broadened in scope and gained structure. Safetyawareness weeks were held in all entities. In 2015, a scorecard allowed each unit and major project to assess itself on five key themes in the Safety Act, with an increased weighting assigned to the worksite equipment and methods criterion, which is crucial to safety. These audits have notably led to the creation of full-time safety manager positions in Nigeria, Cuba and Myanmar. 

Over one-third of training dispensed concerns workplace health and safety initiatives. Five training centres (Hong Kong, Singapore, Turkmenistan, Poland and Cuba) train locally hired site workers through sessions geared towards actual work situations (e.g. relating to portable tools, formwork, working at heights and personal protective equipment). Two more centres are planned in Myanmar and Thailand. 

The BiodiverCity label, a venture of the International Biodiversity & Property Council (IBPC), promotes the incorporation and preservation of biodiversity in urban environments. Bouygues Construction, a founding member of the IBPC, incorporated BiodiverCity into two operations in 2015: the Roubaix Palissy development by Bouygues Bâtiment Nord-Est and Hotel Playa San Agustín- Cayo Las Brujas (for local company Almest) by Bouygues Bâtiment International in Cuba. 

2015 Half-Year Review 

In the Americas – Caribbean zone, Bouygues Construction operates mainly in Cuba, the United States and Canada. The company has a long-term presence in an integrated partnership in Cuba where it builds luxury hotel complexes, and signed contracts in the first half of the year for the new Hotel Internacional in Varadero and the Hotel Pilar on Cayo Guillermo. In the United States, Bouygues Construction continued work on the Brickell CityCentre development in Miami. 

2013 Half-Year Review 

Activity in the Americas/Caribbean region continued to grow rapidly. Bouygues Construction has long-term operations in Cuba, where the company started construction work on a series of luxury hotels and took an order for a new hotel complex in the first half of 2013. In the United States, work continued on the Miami port tunnel within the framework of a 35-year public-private partnership. In Canada, the company started work on a set of sporting facilities in Ontario for the 2015 Pan American Games. 

2012 Registration Document- Business Activities And CSR Full-Year Financial Report 

Americas – Caribbean

The economic situation in the Americas is contrasted, differing very considerably from one country to another. Some markets seem to be riding out the economic storm better than others. Bouygues Construction is involved in major facilities and infrastructure projects in the region (Canada and Cuba). 

2012 sales: €414m (up 45%) Bouygues Construction has long-term operations in Cuba, where it is a recognised specialist in the construction of turnkey luxury hotel complexes. In 2012, the company took orders for luxury hotel complexes on Laguna del Este on Cayo Santa Maria and on Cayo Coco. 

Abroad, Bouygues Construction contributes to developing the regions where its entities are located. The company benefits local areas by providing direct and indirect employment, knowledge transfers and support for communities. For example, in Cuba, Bouygues Bâtiment International, which employs 100% local labour, has built a school in order to train its foremen (165 site workers have received such training since 2008). 

In addition, Bouygues Construction is still exposed to a favourable business environment in some countries or sectors. This applies to the company’s established markets in Asia (Hong Kong and Singapore), but also to Central America (especially Cuba, where a growing tourist industry with good future prospects is fuelling expansion in the hotel business). 

2010 Half-Year Review 

In the Americas/Caribbean zone (€104 million, up 10%) business is growing rapidly. In Cuba, in the first half of 2010 Bouygues Bâtiment International signed a contract for a major tourist complex around a marina at Varadero. In Canada, after Surrey Hospital, Bouygues Bâtiment International took an order under a PPP4 contract to build headquarters for the Royal Canadian Mounted Police. ETDE's local subsidiary has a 25-year contract to operate the building and provide maintenance. In the United States, Bouygues Travaux Publics has started to build a tunnel for the port of Miami under a 35-year PPP contract. 

2009 Half-Year Review 

The Americas/Caribbean zone (€94 million, up 38%) is also continuing to grow rapidly. In the first half of the year, Bouygues Bâtiment International concluded its fifteenth hotel construction contract in Cuba. 

From The Company’s Internet Site (10 June 2017): 

https://www.bouygues.com/en/newsroom/magazine/hotel-revolution-in-cuba/ 

A 5-star destination

Tourism is booming here, and Bouygues Bâtiment International, a leading partner of the country since 1999, has twenty-two hotel projects underway on the island. A visit to a few takes us from the streets of Havana to the beaches of Cayo Santa Maria. 

On this sunny morning in March, tourists wander the narrow, twisting streets between weathered façades in Habana Vieja1.

The drivers of lemon yellow and raspberry red American cars from an earlier era tempt them with offers of a tour around town, and street singers entertain them with traditional ballads. To the delight of these visitors, their clichéd images of Cuba are still very much alive here in the capital.

Amidst the hustle and bustle stands Gran Hotel La Manzana with its dazzling white 1900s façade. While workers put the finishing touches on the newly restored building, furniture is hauled into what will soon be Havana’s swankiest hotel. 

It is Bouygues Construction’s first hotel in the city. “It is also the island’s first hotel with such high standards and with a style never before seen in Havana,” , says Stéphane Grandperret, Director of the project and of the Havana branch. Teams from Bouygues Bâtiment International have been working on the top-to-bottom renovation project for three years, transforming an old shopping center dating from 1910 into a luxury hotel that will open its doors in 2017 

SWIMMING POOLS FLOATING ABOVE THE CITY

All 246 rooms will feature Wi-Fi and smart television, amenities that are important to the international clientele that will stay here. Arno Joubert, a familiar figure in Bouygues’ projects in Cuba, designed the hotel, with a hand from the Bouygues Bâtiment International staff based in Havana. “This hotel will be a benchmark for future ones in Cuba. We had to come up with a design that was classic and age-less, yet still contemporary in spirit.” The predominant color in the rooms, the three bars, and the restaurants is gray, but dashes of color tastefully added here and there remind us that we are in the Caribbean. Providing a final touch of charm to the hotel, the elegant infinity pool on the roof offers a splendid view of the city and the Capitolio building. 

Not far from there, over 345 Bouygues workers are busy renovating another hotel from the early twentieth century. The make-over of the Hotel Packard, currently in the structural works phase, presents a technical challenge owing to the building’s combined metal and concrete construction and the eight-meter cantilever above the infinity swimming pool. Seemingly built into the core of the building, this daring pool is the creation of Michel Regembal, the architect of the Stade de France stadium. The Packard will be another standard-setter for five-star hotels in Havana. A particular feature of this project, it is one of eight pilot sites where Bouygues Bâtiment International is applying the lean management approach2. “The planning is participative, collaborative, and visual. Each task is defined down to the smallest detail, which boosts productivity,” explains Project director Manuel Bazan. “One of our missions is to bring these innovations to our Cuban partners.” 

30,000 ROOMS HANDED OVER

A six-hour drive from Havana takes us to Cayo Santa Maria. And to a change of scene, with fine-sand beaches replacing the capital’s bustling streets. Nature has been preserved here on one of Cuba’s typical small, low-lying islands to the delight of tourists in search of peace and relaxation. Facing the turquoise sea, a new hotel complex, Laguna del Este 5, is under construction. No fewer than eight cranes tower above the shore, and seven hundred site workers come and go in shifts on this vast project, the tenth that Bouygues Construction has worked on in Cayo Santa Maria. 

When completed, Laguna del Este 5 will comprise 802 suites and 34 swimming pools. Procurement is a crucial issue in this project because materials must pass through a Cuban purchasing center, and delivery times vary. “Despite the difficulties, what is motivating here is that each project we do is better than the last in terms of execution,” notes Alexandre Falleguerho, Director of the Cayo Santa Maria branch. “And we also feel we are contributing to the country’s development.” Since 1999, the company has handed over more than 30,000 rooms, or 50 percent of the accommodations offered in Cuba and 100 percent of those in five-star establishments. “Our success here is due to our having listened to the Cubans right from the start. Our collaboration is based on mutual respect,” explains Human Resources director Laurent Mellier. “We spend a lot of time training Cubans and transferring Bouygues expertise to them.” 

In recent years, forty-five Minorange Guild members have come from France to manage and train workers on the sites. “We teach them easier ways of working and, most importantly, show them safety best practices,” says Paul Delgado, a Minorange member at Brézillon. “But it works both ways. We learn an enormous amount from them, too.” Demis Monteagudo, the Cuban Deputy director of the Laguna del Este 5 project, agrees: “Our relations are very enriching. Bouygues helps us improve, and the Cuban teams offer solutions that help move the work forward.” 

All projects are carried out in joint ventures (AEI in Cuba) that include the Ministry of Construction (Arcos). When an expatriate holds a supervisory position, an identical role is created for a Cuban socio (associate) to foster interaction and training. 

IDEAS AND TRUST

In constructing the hotels in Cuba, the company does all the work from A to Z, with no subcontractors. It is a good approach for the teams, as it gets them very involved in the projects. Until the recent jobs in Havana, all the hotels have been at Varadero or on the Cayos. Most offer all-inclusive resort packages to compete with the complexes in Mexico and the Dominican Republic. “We start with a blank sheet,” says Technical director Philippe Trehou. “The client gives us a parcel of land, and we come up with and develop the entire project – the design, construction, and even the landscaping. We have built a relation-ship of trust with Cuban authorities, so we can suggest ideas to them.” 

2016: $552 million in order intake and $379 million in sales; 6 Bouygues Construction branches on the island; 11,800 employees and 40% of women in the management committee; 27 nationalities and 54 Maestros de la construcción (Minorange Guild members) 

The Bouygues teams track the hotel market closely so they can provide the best advice to their partners. By checking what guests are saying on TripAdvisor, making study trips to other countries, and meeting with hotel operators, they can present projects that are well matched to the demand. “For example, we advised them to diversify and, instead of offering just all-inclusive hotels with over 500 rooms, to also develop smaller, more upscale hotels,” recalls Commercial director Claude Macor. “Our Cuban partners say we are their eyes on the world!” 

A new eldorado

It is a partnership that has also allowed a sustainable development approach. “Now all the hotel projects are aiming for BREEAM certification,” points out Izaskun Laucirica, Sustainable development and Quality, Health and Safety manager. Tourism shot up 15 percent in 2016, prompting the government to move forward with a massive hotel construction program. . “Before 2015, we had two or three projects a year on the island, but right now, we have twenty-two projects going all at once,” says Michel Hochet, Head of Bouygues Construction’s operations in Cuba and the Americas. “We are also going to be diversifying, as we are the preferred bidder for the renovation of Havana’s airports. We are also working on many other projects and in particular, tourism-related infrastructures.” Cuba clearly has its sights set on becoming one of the world’s top tourist destinations.

LINK To Complete Analysis In PDF Format

LINK To Libertad Act Lawsuit Statistics