Central Bank Of Cuba Readies For Virtual Asset Service Providers (VASPs). Further Moving Country Into The Cryptocurrency Universe

/

Ethereum World News
New York, New York
27 April 2022

Digital asset companies can now operate legally within Cuba thanks to a new directive
The country’s central bank will issue one-year business licenses to eligible virtual asset service providers
Licenses are now mandatory
Crypto companies cannot cease doing business after obtaining a license without permission from the apex bank
The policy will come into effect on May 16, 2022

According to a state document dubbed the Official Gazette 43, the Central Bank of Cuba has unveiled its plan to issue operational licenses to qualified virtual asset service providers (VASPs). The statement released on Tuesday (April 26, 2022), said that the business licenses are valid for 12 months. Cuba’s top bank will also allow an option to extend this timeframe. An excerpt from the report reads: Virtual asset service provider licenses are approved for a one-year period, extendable for a second year, given the experimental and novel nature of this type of activity.

Banco Central de Cuba (BCC) hopes the new policy will bolster the country’s existing digital economy while encouraging new players to set up shop within the country. Furthermore, it’s possible that the law could serve as a tool to mitigate years of sanctions imposed by the US government.

Since these sanctions restricted heavyweight payment giants like PayPal from servicing Cubans, citizens have increasingly turned to decentralized transaction portals and vehicles like Bitcoin and crypto, per data from a 2020 Google Trends report. However, the latest licensing framework is also supposedly geared towards establishing oversight for the burgeoning crypto industry and ensuring that companies comply with established financial policies and practices. BCC also said that several factors will determine if a company is issued a license or not. he Central Bank of Cuba, when considering the license request, evaluates the legality, opportunity and socioeconomic interest of the initiative, the characteristics of the project, the responsibility of the applicants, and their experience in the activity. In addition, VASPs are prohibited from shutting down operations without notice after receiving a license from Cuba’s apex bank. Crypto businesses must obtain permission from the BCC if they wish to withdraw their offering, per the announcement. Finally, the Gazette document disclosed that the country will implement the BCC’s latest policy 20 days after the announcement. This puts the date for implementation at May 16, 2022.

U.S. And Cuba Outline Migration Discussions- They Were Not Pleasant...

/

United States Department of State
Washington DC
21 April 2022
Press Briefing

QUESTION: On two – on the two other ones, and this is going to be very brief, I’m just wondering if you can tell us anything about the migration talks with the Cubans today, and then secondly if there’s any update on this delegation visiting the Solomon Islands.

MR PRICE: Sure. So first on the migration talks that we’ve announced with the Cubans, these provide an opportunity for discussion of migration issues between Cuba and the United States. They represent a continuation of our nearly 30-year engagement with Cuba on migration matters as neighboring countries, as neighbor states. We do maintain, as you know, diplomatic relations and discussions on safe, orderly, and legal migration. That remains a primary U.S. interest. It’s the precise reason why we are having these discussions with the Cubans as well as with other partners in the hemisphere. And based on U.S. interests and our support for family reunification for the Cuban people, we did resume these migration talks between the United States and Cuba. They started this morning. They’re occurring over the course of the day today. We have seen – and this, I think, underscores the imperative of undertaking these talks – we’ve seen a significant increase in irregular migration on the part of Cuban migrants coming to the United States. That includes both via overland routes and maritime routes. These talks have been longstanding. They’ve evolved since they were first taken on in 1984. They have since become a biannual occurrence, following the signing of an accord in 1994 and 1995. The talks, of course, have been paused in recent years. They had not occurred since 2018, but they had occurred consistently across administrations since 1995. They do provide an opportunity for important discussions on mutual compliance with migration accords and the commitment of the United States and Cuba to safe, legal, and orderly migration, and that’s the interest of ours, is ensuring safe, legal, orderly migration between Cuba and the United States is consistent with our interest in fostering family reunification and the promotion of greater respect for freedom and human rights in Cuba. Topics for the talks have included well-established mechanisms to address irregular migration and compliance with U.S. immigration law, migration via both land and sea, migration trends, returns and repatriations of citizens, embassy functions, and other related issues. I understand that we’ll have a little bit more to offer upon conclusion of the talks today.

QUESTION: Is it safe to say that you would like to see a reduction in the significant increase in irregular migration that you’ve seen coming from the Cubans? Is that part of what’s being discussed?

MR PRICE: It is safe to say that we would like to see a process that is safe, orderly, and legal, and not one that is dominated by irregular migrants seeking to make a dangerous either overland journey or maritime journey to the United States.

QUESTION: You mentioned that the talks this week, or the talks today are focused on migration narrowly. But as these are the highest-level talks under this administration, do you plan to raise any other issues, if it’s human rights, et cetera, things that have – you’ve voiced concern about before? And could these lead potentially to anything else, to any broader dialogue or developments with Cuba?

MR PRICE: Well, these talks are focused squarely on migration. And again, the topic of these talks are migration trends, irregular migration, returns and repatriations of citizens, embassy functions and related issues. The goal of the talks is to promote safe, orderly, and legal migration between our two countries. Now, of course, our broader policy is predicated on support for the Cuban people, support for their democratic aspirations. There is a migration element of that. There is a family reunification element of that. But these talks are migration talks.

QUESTION: Yes. Going back to the Cuba talks, we understand that – and we spoke earlier in the week with Border Patrol Chief Raul Ortiz. He mentioned that Cubans represent currently the third-largest group of migrants being apprehended at the border. I was going to ask you if someone – a representative from the Department of Homeland Security has participated in these talks today.

MR PRICE: So the U.S. delegation is being led by our deputy assistant secretary for Western Hemisphere Affairs. That’s Emily Mendrala. The State Department will have representatives from our Consular Affairs Bureau, our Bureau of Population, Refugees, and Migration, and the chargé d’affaires from our embassy in Havana. And representatives from DHS will also join.

United States Department of State
Washington DC
21 April 2022

Migration Talks with the Government of Cuba- Office of the Spokesperson

On April 21, U.S. and Cuban officials met in Washington, D.C. to discuss the implementation of the U.S.-Cuba Migration Accords. These bilateral discussions on migration are generally held semiannually, reflecting a commitment by both countries to regularly review the implementation of the Accords. Deputy Assistant Secretary for Western Hemisphere Affairs Emily Mendrala led the U.S. interagency delegation, and Cuba’s Vice Foreign Minister Carlos Fernandez de Cossio led the Cuban delegation. These migration talks provide an opportunity for discussions on mutual implementation of the Migration Accords (comprised of a series of bilateral agreements between the United States and Cuba done in 1984, 1994, 1995, and 2017). The U.S. delegation highlighted areas of successful cooperation on migration, while also identifying issues that have been obstacles to fulfilling the goals of the Accords. Engaging in these talks underscores our commitment to pursuing constructive discussions with the Government of Cuba where appropriate to advance U.S. interests. These discussions represent the first Migration Accord talks between the United States and Cuba since 2018. The United States also addressed consular services at U.S. Embassy Havana, to include resumption of immigrant visa services on a limited basis starting in May, current American citizen services, and current issuance of emergency non-immigrant visas. Enabling safe, legal, and orderly migration between Cuba and the United States remains a mutual interest between the United States and Cuba and is consistent with U.S. interests in fostering family reunification and promoting greater respect for human rights and fundamental freedoms in Cuba.

Ministry of Foreign Affairs
Havana, Republic of Cuba
21 April 2022

Cuba and the United States hold round of migration talks in Washington D.C.

Migration talks between Cuba and the United States were held in Washington D.C. on April 21, 2022. The delegations were presided over by Carlos Fernández de Cossío, Deputy Foreign Minister, and Emily Mendrala, Deputy Assistance Secretary in the Bureau of Western Hemisphere Affairs respectively. Both delegations reviewed compliance with the Bilateral Migration Accords as well as the mutual commitment to ensure a regular, safe and orderly migration. Cuba reiterated its concern over the measures adopted by the US government which encourage migration, prevent a legal and orderly migration and create social and economic conditions that incentivize emigration. Cuba likewise emphasized that these measures, including those associated to the extreme tightening of the economic blockade, are leading to the loss of human lives and the commission of crimes such as illicit alien smuggling, migration fraud and traffic in persons, which affect both countries and the region. The Cuban delegation insisted on the obligation of the US government to guarantee the issuance in Havana of no less than 20,000 visas per year for those Cubans willing to migrate to the United States, a commitment that has not been complied with since 2017. The Cuban delegation likewise emphasized that there is no reason whatsoever that could justify the continued interruption of that service in Cuba, thus forcing potential migrants to travel to Guyana to have their travel applications processed. The Cuban delegation also reiterated that the United States should stop hindering and violating the rights of Cubans to travel to third countries of the region and called for the comprehensive and non-selective compliance with the Bilateral Migration Accords. (Cubaminrex)

OFAC Requesting Comments On Five-Year Record Keeping Requirement For Travel To Cuba: 5,800 Hours For Approximately 35,000 "unique record-keepers" Per Year

/

AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Notice and request for comments.
SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the Office of Foreign Assets Control (OFAC) within the Department of the Treasury is soliciting comments concerning OFAC's information collection requirements for persons providing authorized travel or carrier services related to Cuba, which are contained within the Cuban Assets Control Regulations.
DATES: Written comments must be submitted on or before June 21, 2022 to be assured of consideration.
ADDRESSES: You may submit comments by either of the following methods: Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions on the website for submitting comments. Email: OFACreport@treasury.gov with Attn: Request for Comments (Cuban Travel and Carrier Services).
Instructions: All submissions received must include the agency name and refer to Docket Number OFAC-2022-0001 and the Office of Management and Budget (OMB) control number 1505-0168. Comments received will be made available to the public via https://www.regulations.gov or upon request, without change and including any personal information provided.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 202-622-4855; or Assistant Director for Sanctions Compliance & Evaluation, 202-622-2490.
SUPPLEMENTARY INFORMATION: Title: Persons Providing Travel and Carrier Services to Cuba.
OMB Number: 1505-0168.
Type of Review: Extension without change of a currently approved collection.
Description: Requirements to retain records are codified in § 515.572(b) of the Cuban Assets Control Regulations, 31 CFR part 515 (the “Regulations”). Persons subject to U.S. jurisdiction who provide authorized travel or carrier services related to Cuba are required to maintain for at least five years from the date of the transaction a certification from each customer indicating the name and address of each customer and the section of the Regulations (in the case of generally licensed travel), or the specific license number, that authorizes the person to travel to Cuba. The records covered by this information collection must be provided on request to the U.S. Department of the Treasury and will be used to monitor compliance with regulations governing persons subject to U.S. jurisdiction, including travel agents, airlines and vessel operators, providing authorized travel and carrier services with respect to Cuba and persons who travel to Cuba.
Forms: Section 515.572(b)(1) does not specify any particular form of recordkeeping.
Affected Public: Individuals, households, travel and carrier businesses, other for-profit businesses, non-governmental organizations. The likely respondents and record-keepers affected by this collection of information are U.S. travel and carrier businesses.
Estimated Number of Respondents: OFAC estimates, based on multiple sources including data received from the U.S. Department of Homeland Security, U.S. Customs and Border Protection, and information collected by OFAC, that the number of unique record-keepers is approximately 35,000 per year. OFAC believes the significant decline in the number of unique respondents over the past three years is largely due to a change in methodology, including improved data, as well as to other factors discussed below. Pursuant to this methodology, OFAC has identified a smaller number of travel service providers but a larger number of records per respondent. OFAC believes that the decline in the number of unique respondents can also be attributed to the following: (1) An overall decline in travel worldwide due to the Coronavirus Disease 2019 (COVID-19) pandemic; (2) OFAC's elimination of the group people-to-people educational travel authorization in June 2019; and (3) amendments to the Department of Commerce's Bureau of Industry and Security's regulations that restrict the temporary sojourn of aircraft and vessels to Cuba, also in June 2019. OFAC assesses that the number of annual trips will likely slowly increase over the coming three years if travel restrictions due to the COVID-19 pandemic continue to ease, although there is some uncertainty due to the ongoing pandemic.
Estimated Number of Records per Respondent: Based on newly acquired data and OFAC's revised methodology, the estimated number of records is approximately 10 per respondent. (Some recordkeepers may keep far more records and some far less; 10 is an average.)
Estimated Total Number of Annual Records: Based on additional data and OFAC's revised methodology, the estimated total number of annual records is approximately 350,000. OFAC has factored into our assessment a likely increase in travel between the United States and Cuba over the next three years as pandemic travel restrictions ease, but believes that numbers of travelers will not rise to levels present when a wider variety of types of travel to Cuba were generally licensed.
Estimated Time per Record: OFAC assesses that there is an average time estimate of 1 minute per record.
Estimated Total Annual Burden Hours: The estimated total annual reporting burden is approximately 5,800 hours.
Request for Comments: Comments submitted in response to this notice will be summarized and included in OFAC's request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services required to provide information.
Authority: 44 U.S.C. 3501 et seq.

Andrea M. Gacki, Director, Office of Foreign Assets Control.
[FR Doc. 2022-08657 Filed 4-21-22; 8:45 am]
BILLING CODE 4810-AL-P

LINK TO PDF OF COMPLETE DOCUMENT

Explosives From Cuba To Suriname Mean OFAC Fines Totaling US$187,350.00 For Denver-Based Newmont Corporation And Miami-Based Chisu International Corporation.

/

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced a $141,442 settlement with Newmont Corporation (“Newmont”), a multinational mining firm headquartered in Denver, Colorado. Newmont has agreed to settle potential civil liability for four apparent violations of the Cuban Assets Control Regulations (CACR), 31 C.F.R. part 515. Specifically, between approximately June 2016 to November 2017, Newmont Suriname, a wholly owned subsidiary of Newmont that is a person subject to the jurisdiction of the United States under the CACR, purchased Cuban-origin explosives and explosive accessories from a third-party vendor involving four separate transactions. OFAC determined that Newmont voluntarily disclosed the apparent violations, and that the apparent violations constitute a non-egregious case.

Separately, OFAC today announced a $45,908 settlement with Chisu International Corporation (“Chisu”), a company located in Parkland, Florida that is affiliated with a distributor of explosives and accessories for mining operations. Chisu has agreed to settle potential civil liability for four apparent violations of the Cuban Assets Control Regulations (CACR), 31 C.F.R. part 515. Specifically, between June 2016 and November 2017, Chisu and its affiliates in Suriname and Panama on four occasions procured Cuban-origin explosives and related accessories originating from Cuban entity Unión Latinoamericana de Explosivos (ULAEX) on behalf of a U.S. company for the U.S. company’s mining project in Suriname. OFAC determined that Chisu did not voluntarily disclose the apparent violations and that the apparent violations constitute a non-egregious case.

LINK To Newmont Corporation OFAC Document

LINK To Chisu International Corporation OFAC Document

Defendant Cruise Lines And Plaintiff Havana Docks Corporation File Briefs About Juries And Damages: "unconstitutionally excessive and disproportionate under the Fifth Amendment."

/

HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [1:19-cv-21724; Southern Florida District]

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

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

Reply In Support Of Defendants’ Motion Seeking Clarification Of The Court’s March 21, 2022 Omnibus Order On Motions For Summary Judgment (4/19/22)

Plaintiff Havana Docks Corp.’S Response In Opposition To Motion For Certification For Interlocutory Appeal And Motion To Stay (4/15/22)

Order On Defendant’s Motion To Preclude Plaintiff From Using Aphra Behn As A Witness (4/12/22)

Plaintiff Havana Docks Corporation’s Response To Defendants’ Motion Seeking Clarification Of The Court’s March 21, 2022 Omnibus Order On Motions For Summary Judgment (4/12/22)

Link To Libertad Act Lawsuit Filing Statistics 

Excerpts: 

“Defendants’ Motion (Carnival Docket No. 480) seeks to clarify that any damages awarded in this case may be challenged as unconstitutionally excessive and disproportionate under the Fifth Amendment, after a trial or award of damages, notwithstanding the Court’s Order granting summary judgment on these affirmative defenses.1 In its Response (Carnival Docket No. 495), Plaintiff agrees with the substance of this request. As Plaintiff explains: “Following Eleventh Circuit precedent, the Court has twice held that a Fifth Amendment excessiveness argument is a post-trial issue to be addressed ‘after a jury has delivered a damages award.’” Response at 2.2 That is precisely the basis of Defendants’ Motion: under this Court’s holdings, any Fifth Amendment excessiveness and disproportionality issues should be resolved only after there is an award of damages. Accordingly, Defendants seek to clarify that the Court’s Summary Judgment Order does not preclude them from raising these challenges should damages be awarded.”

Expedia Asks Court Of Appeals To Ignore A Ruling By Judge In Libertad Act Lawsuit Filed Against Carnival Corporation.

/

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC.  Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22619 Southern Florida District; 20-12407 11th Circuit Court of Appeals] 

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Baker & McKenzie, LLP (defendant)
Scott Douglass & McConnico (defendant)
Akerman (defendant)

Response To Appellants’ FRAP 28(J) Letter In Del Valle, Et Al. V. Expedia Group Inc., Et Al., No. 20-12407 (4/18/22)
Link To Libertad Act Lawsuit Filing Statistics

Excerpt: 

“On behalf of Appellees, we write in response to the April 4, 2022 FRAP 28(j) letter filed by Appellants, which cites a district court order in Havana Docks Corp. v. Carnival Corp., No. 19-CV-21724 (S.D. Fla. March 21, 2022) (the “Order”). This court should not consider the Order as pertinent to the instant case (Del Valle) for several reasons.  

First, the Order does not address personal jurisdiction, which is a determinative issue in Del Valle and was the basis for dismissal below. (See Booking Appellees’ Br. 17-44; Expedia Appellees’ Br. 12-27.)  

Second, the Order is not instructive with respect to constitutional standing because the court failed to conduct the historical-analogue analysis required by the Supreme Court in TransUnion and by this Court in Muransky and Trichell. (See Appellees’ July 12, 2021 Rule 28(j) Notice; Booking Appellees’ Br. 52; Expedia Appellees’ Br. 28-30.)  

Third, unlike Appellants, plaintiff Havana Docks holds a certified claim (compare App. 144, with Order 109), which entitles it to a presumption of the claim’s ownership and value. See 22 U.S.C. § 6082(a)(2). Because Appellants’ action is based on uncertified claims, Appellants retain the burden to plead and prove ownership and value. Accordingly, the absence of an uncertified claim in Havana Docks makes the Order inapposite in Del Valle.  

Fourth, the Order is not instructive on scienter, should the Court reach that issue. (See Booking Appellees’ Br. 37 n.8; Expedia Appellees’ Br. 37-39). The Order improperly limits the scope of the scienter requirement only to one element of a Title III claim: “trafficking.” (Order 96-97.) Yet the Act’s plain language requires a showing that defendant “knowingly and intentionally” engage in all elements of a Title III claim for liability to attach. (See 22 U.S.C. § 6023(13); App. 219-20, 247-48.)  

Finally, the Order is not instructive on the statute’s “lawful travel exception” because it limits the term necessary in contradiction to the legislative history. The Order also misconstrues the purpose of the exception, ignoring the OFAC regulations that provide the relevant context. (See Booking Appellees’ Br. 7, 10-11; see also U.S. Amicus Br. 30-36.)”

Biden Administration Believes Important To Discuss Immigration With Cuba. Should Also Discuss Engagement With Private Sector, Expanding Commerce, Settlement Of Certified Claims.

/

If the Biden-Harris Administration (2021) believes important to discuss officially immigration, migration, and travel with Cuba, then there should also be discussions about supporting the equally important re-emerging private sector, commercial transactions, and settling the 5,913 certified claims.

The White House
Washington DC
19 April 2022

Daily Press Conference

Jen, can you tell us anything more about these Cuba-U.S. talks that the Cubans are saying that are happening, I think, tomorrow -- is that right?
MS. PSAKI: Let me get an update on that. I haven't had a chance to talk to the national security team about that.

Cuba to hold high-level migration talks in Washington

By Matt Spetalnick 

WASHINGTON, April 18 (Reuters) - American and Cuban officials are due to meet in Washington on Thursday to discuss migration concerns, people familiar with the matter said, in the highest-level formal U.S. talks with Havana since President Joe Biden took office last year. The meeting comes at a time when Biden's administration is grappling with rising numbers of migrants attempting to cross the U.S. border from Mexico, with Cubans making up a growing portion of them. Tensions between Washington and Havana over the Cuban government's crackdown on protests, continuing American sanctions on the Communist-ruled island and other issues have made it difficult for the countries to cooperate on challenges such as irregular migration.

Leading the Cuban delegation will be Deputy Foreign Minister Carlos Fernandez de Cossio, two sources said, speaking on condition of anonymity. The delegation is expected to meet with senior officials of the U.S. State Department and other agencies. The United States wants Cuba to take back more deportees from among the record numbers of Cubans arriving at the U.S.-Mexican border, according to a U.S. official and another source, speaking on condition of anonymity.

The Cuban government has not accepted deportation flights carrying Cubans from the United States for more than six months, a U.S. Department of Homeland Security (DHS) spokesperson said. As of March 26, there were about 40,000 Cubans in the United States with a final deportation order from an immigration judge, according to the spokesperson. Cuba has said it supports legal, orderly and safe migration. It blames the United States for the uptick in irregular migration, saying Cold War-era sanctions and a decision to close the American consular section in Havana encourage Cubans to seek riskier routes off the island.  The State Department last month said it would again begin processing some visas for Cubans in Havana to start reducing the backlog after a four-year hiatus, but progress has been slow.

'SIGNIFICANT INCREASE'

"We have seen a significant increase in irregular Cuban migrants to the United States, both via land and maritime routes," a State Department spokesperson said.  The spokesperson, who asked not to be named, declined to confirm the planned meeting but said "we regularly engage with Cuban officials on issues of importance to the U.S. government, such as human rights and migration."  Thursday's planned talks appear to be at a higher level than known formal contacts since Biden took office in January 2021.  The Cuban government did not immediately respond to questions seeking comment.  The talks are scheduled to be held just a day after U.S. Secretary of State Antony Blinken and regional counterparts are due to wrap up a conference on migration in Panama. Cuba is not due to attend that conference.

A record number of migrants attempted to cross the U.S.-Mexican border during Biden's first year in office. American officials are preparing for even higher numbers this year.  Amid Cuba's faltering economy, after Nicaragua lifted visa requirements for Cubans in November, many dropped everything, sold their homes and took a flight for Managua, with hopes of joining the mainland "migrant highway" north through Central America to the United States.  Nicaragua, a close regional ally of Cuba, said the move was intended to promote commercial exchange, tourism and humanitarian family relations.

Initial fervor has been followed by frustration as the United States has undertaken a regional effort to curb border crossings.  U.S. border authorities apprehended more than 32,000 Cubans at the U.S.-Mexico border in March, roughly double the 16,500 caught in February, then the highest single-month total on record, according to U.S. Customs and Border Protection data.

Even as the United States and Cuba prepare to re-engage on migration, Biden administration officials are mindful that any easing of restrictions on Cuba could lead to political fallout from conservative Cuban Americans, a key voting bloc in south Florida.  Former President Donald Trump rolled back a historic rapprochement that his predecessor Barack Obama oversaw between the United States and its old Cold War foe.  Biden, who served as Obama's vice president, promised during the 2020 U.S. election campaign against Trump to re-engage with Cuba, and many in both countries expected he would reverse some Trump-era restrictions. Biden instead imposed fresh sanctions on Cuban officials in response to Havana's crackdown on protesters following widespread marches on the island last July.  Thousands of people took to the streets of Cuban cities, voicing anger over shortages of basic goods, curbs on civil liberties and the handling of the COVID-19 pandemic by authorities. Some called for political change.

Cuba Wants Another At Bat With MLB To Resurrect 2018 Agreement. The Effort Will Struggle To Get To First Base At The White House.

/

“The Cuban Baseball Federation (FCB) on Tuesday ratified its intention to recover the rapprochement with the Major League Baseball (MLB) in order to establish a stable and depoliticized relationship.”   

On 19 December 2018, New York, New York-based Major League Baseball (MLB; 2021 revenue approximately US$4 billion) reported an agreement with Republic of Cuba-based Federacion Cubana de Beisbol (FCB).  Terms of the agreement included payments to FCB.  LINK To Document  

Members of the United States Congress, the most notable being The Honorable Marco Rubio (R- Florida), a member of the United States Senate, and officials of the Trump Administration expressed displeasure with the agreement. The Trump Administration denied authorization for the agreement because of payments to the FCB which the Trump Administration believed would ultimately benefit the government of the Republic of Cuba. LINK OFAC Letter To MLB. There were then and remain now options to revise the agreement and resubmit as a license application to the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury in Washington DC. 

MLB should not as it did in 2018 retain a consultant, outside counsel or lobbyist to engage with the Biden Administration.  Doing so would be counterproductive as MLB can make its case in a license application to the OFAC.  Why create a triangle when a straight line is more efficient.  The direct approach is preferred.  The application will certainly be subject to an inter-agency review process including departments and agencies to determine if issuance of an OFAC license is “consistent with United States policy” so the decision will not be immediate. 

Options Include:  

First.  MLB believed the agreement was permitted under OFAC general license provisions implemented during the Obama Administration.  Those who opposed the agreement believed the agreement was not permissible within the OFAC general license guidelines; and, even if it was permitted during the Obama Administration, such an agreement should not be permitted during the Trump Administration as the agreement was “not consistent with United States policy.”  MLB should reformat the agreement and seek a two-year (which is normal) license from the OFAC.    

Second.  The MLB agreement was for two years (ending on 31 October 2021).  The annual release fee payments to FCB have been speculated to be from US$2 million to US$25 million to US$50 million to US$100 million.  The lower value estimates seem reasonable.  Instead of MLB making payment to FCB in currency, FCB would provide MLB with a shopping list of equipment equal to the value of the payments due.  This may satisfy those who opposed the agreement- because the government of the Republic of Cuba would not have access to currency.  By using the purchasing power of MLB, the FCB would be receiving the lowest pricing for equipment- thus maximizing the value of every payment.  Members of the United States Congress and Biden Administration could be supportive of an agreement that provides benefits to United States sporting “Made in the USA” equipment-focused companies.   

From The original MLB agreement: “The Release Fee owed to the FCB by the MLB Club that signs an FCB Player is calculated using the same formula embodied in MLB's agreements with the NPB, KBO, and CPBL (i.e., between 15% and 20% of the total guaranteed value for Major League contracts, and 25% of the signing bonus for Minor League contracts). In addition, Supplemental Release Fees may be owed if a contract with an FCB Player contains bonuses, escalators, or options that are later triggered. The Release Fee (and any Supplemental Release Fee) paid by the MLB Club is in addition to the compensation agreed to by the MLB Club to the FCB Player in the player's contract, which will be paid by the MLB Club directly to the FCB Player.”   

One important benefit of using product as payment rather than currency as payment is avoiding the use of a third-country financial institution for MLB to send payments to FCB; currently there are not operational direct correspondent banking agreements which would permit direct electronic transfers from the United States to the Republic of Cuba or from the Republic of Cuba to the United States.  Thus, third-country financial institutions receive fees for every transaction.  Members of the United States Congress and Biden Administration should oppose third-countries unnecessarily benefiting from bilateral commercial transactions involving the United States.    

Third.  MLB would agree to publish real-time data as to when a payment is made to FCB, the value of payment, and what products have been purchased with the payments.    

Prensa Latina
Havana, Republic of Cuba
12 April 2022

Cuba is willing to pave the way to resume deal with MLB 

Havana, Apr 12 (Prensa Latina) The Cuban Baseball Federation (FCB) on Tuesday ratified its intention to recover the rapprochement with the Major League Baseball (MLB) in order to establish a stable and depoliticized relationship.  We aspire to have a respectful, ethical and professional treatment, which had as maximum expression the signing of the FCB-MLB Agreement in December 2018, an agreement that was disqualified by the government of former President Donald Trump, FCB President Juan Reynaldo Perez noted. At a press conference at the Latin American stadium, in Havana, Perez acknowledged that resuming the pact will mean an effective tool against illegal emigration, human trafficking and other risks for baseball players and their families.  He recalled that the Trump administration frustrated the first steps of the FCB to give more life to the agreement, such as the definition of a list of eligible talents by the different franchises, in addition to closing the doors to its observers in an attempt to verify the quality of Cuban athletes. The official confirmed that the annulment demonstrated the politicization of sports from US territory, always under the influence of Cuban detractors.  Despite this situation, Cuba is willing to resume negotiations and defends the respectful relationship with the players born and trained in its land, but who play, without its representation, in the US and world circuits.  In that line, Perez, who is also the national baseball commissioner, said that those who comply with the provisions of the current immigration policy can rejoin the sports system and aspire to represent the nation at international tournaments. 

teleSUR
Havana, Republic of Cuba
12 April 2022

Such a relationship will allow "the natural flow of Cuban players to and from that circuit," Cuban Baseball Federation President Perez said.  On Tuesday, the Cuban Baseball Federation (FCB) President Reynaldo Perez indicated that his country aspires to develop a "stable and non-politicized" relationship with the U.S. Major League Baseball (MLB). Such a relationship will allow "the natural flow of Cuban players to and from that circuit," Perez said after taking office on Monday.  This official considered that the 2018 MLB-FCB agreement, which was annulled by former President Donald Trump, prompted a respectful, ethical, and professional exchange between both organizations.  "The agreement annulment demonstrated the U.S. government's politicization of sports and put our players in a vulnerable position by forcing them to risk their lives and incur debts to emigrate," Perez stated.   

They are at your front door now @MLB the ball is in your court, as they say. The Cuban Professional Baseball Association wants to play in the World Baseball Classic. How can the best in the world be unable to play. #mlb #wbc #cuba ⚾  pic.twitter.com/WQkYV3hJQu — Eddie Oropesa Jr. ⚾ (@OropesaBaseball) April 9, 2022  

Although baseball is considered a "cultural heritage" in Cuba, professional athletes experience a crisis due to the lack of infrastructure and implements. The outlet Trabajadores pointed out that 635 baseball players have left the country over the last six years, in many cases without official permits.  "Our Federation defends a respectful relationship with Cuban players working in other leagues. Those who comply with migration provisions have rejoined the National Series and the Cuba team in some cases," Perez explained.  He also mentioned that Cuban players in the MLB who meet the established requirements will be able to join national and foreign tournaments on behalf of Cuba without setbacks and that the FCB is ready to resume negotiations for the re-implementation of the 2018 agreement. 

Links To Related Analyses 

Baseball Diplomacy? An Opportunity For Re-Engagement With Cuba, Biden Administration May Be Open To Revised MLB Agreement January 27, 2021 

MLB Might Consider Three Options To Obtain Support For Agreement With Cuba January 11, 2019 

MLB Commissioner Plays Golf With President Trump; Renewed Life For Cuba Agreement? Second-Base For Lobbyist? November 02, 2019 

Cuba Lobbyist Works? President Trump To Participate In Oval Office Meeting With MLB To Discuss "Human Trafficking" June 10, 2019 

OFAC Responds To Major League Baseball Proposal For Players From Cuba April 09, 2019

Another Obama (Ben Rhodes) Administration Legacy Decision Harms Major League Baseball December 20, 2018 

New OFAC Regulation Benefits MLB Players; Performers & Teachers Too March 16, 2016

Some Parallels Between President Obama's Baseball and President Nixon's Ping Pong February 29, 2016

U.S. Department Of State Provides Statement, But Not Answer To Question: Did A U.S. Embassy Representative Attend The Havana Local Development Fair. Why Won't They Answer?

/

From 28 March 2022 to 3 April 2022, seven hundred and twenty (720) privately-owned companies participated in the first-ever government of the Republic of Cuba officially-sanctioned event designed solely to promote privately-owned companies. There are approximately 2,523 privately-owned companies registered in the Republic of Cuba- 28% participated in the Havana Local Development Fair at the ExpoCuba fairground. 

United States Department of State
Washington DC
15 April 2022

State Department spokesperson: “The Administration encourages the growth of a Cuban private sector independent of government control.  The U.S. Embassy in Havana regularly meets with members of the Cuban semi-private sector and hosts topical discussions related to business development and economic growth.  The Department also supports private sector development and entrepreneurship training through the Young Leaders of America’s Initiative, the Academy for Women Entrepreneurs, and other Embassy exchange programs.” 

Link To Related Analysis 

Another Biden-Harris Administration Missed Opportunity: U.S. Investors & Financial Companies Should Have Been Permitted To Sponsor, Participate In Cuba's First Trade Show For Private Companies.  April 03, 2022

U.S. Assistant Secretary Of State Telegraphs No Invitations For Cuba, Nicaragua, Venezuela To Summit Of The Americas Despite Importance Of Those Countries To Migration Issues Facing United States.

/

The United States will host the Ninth Summit of the Americas in Los Angeles, California in June 2022 with a focus on “Building a Sustainable, Resilient, and Equitable Future” for our hemisphere. [6 June 2022 to 10 June 2022 with the Los Angeles Convention Center the primary venue.]

United States Department of State
Washington DC
15 April 2022

Assistant Secretary for Western Hemisphere Affairs Brian A. Nichols and Population, Refugees, and Migration Acting Principal Deputy Assistant Secretary Marta Youth On Secretary Blinken’s Upcoming Travel to Panama- Via Teleconference

Excerpts

ASSISTANT SECRETARY NICHOLS: Well, we’re working on addressing the root causes of migration as a collective effort, and one of the things that I think has been quite powerful in the near term has been Vice President Harris’ call to action, which has mobilized over $1.2 billion in private sector investment in Northern Central America and created thousands of jobs in that part of the hemisphere. And we know that those people are not migrating. We know that our efforts to provide COVID-19 vaccines to countries throughout the hemisphere – some 60 million vaccines in the Western Hemisphere – have helped countries recover more quickly from the COVID-19 pandemic which was a driver of migration to our southern border. We know that our efforts to provide assistance to communities that are hosting migrants in Colombia, Ecuador, Peru, Chile have all helped stabilize those populations to a greater degree. But this comes in the context of literally millions of migrants on the move in our hemisphere; some six million Venezuelans are migrants outside of Venezuela right now, over five million of them in the Western Hemisphere. There are half a million Nicaraguans who are displaced and living in Costa Rica right now, and I had the opportunity to meet with some of them when I was there a couple weeks ago. We’re talking about hundreds of thousands of Haitian migrants in Chile, in Brazil.

QUESTION: Great. Thank you. Two questions here. First, will any representatives of the Maduro government be present for the ministerial? And can any agreement – hemisphere-wide agreement solve the migration crisis without addressing Venezuela’s political, economic, and humanitarian crises?
And then second, the administration has announced plans to admit up to 100,000 Ukrainian refugees. What impact would that have on your plans to admit – or process asylum claims at the border or otherwise address migration issues? Thank you.

ASSISTANT SECRETARY NICHOLS: So the Maduro regime will not attend the ministerial. The – obviously the lack of access to opportunity, democracy, human rights, the rule of law inside the borders of Venezuela has led many Venezuelans to vote with their feet and depart that country. Our goal is to encourage the Maduro regime and the interim government to return to the negotiating table in Mexico City where Venezuela negotiated and led solution to that country’s problems. We continue to support that effort and believe it has the best prospects for a lasting solution to Venezuela’s problems.

QUESTION: Thanks. I just had a follow-up to my colleague Conor’s question on the Maduro regime, and you said that no representatives from that regime are attending the ministerial. Could you just advise as to whether or not any representatives from the regime were invited to attend? Thank you.

ASSISTANT SECRETARY NICHOLS: Not to my knowledge.

QUESTION: Thank you. You have mentioned a couple of times that this meeting in Panama is in preparation for the Summit of the Americas. So I was wondering if the United States has invited Cuba and Venezuela to the Summit of the Americas. Thank you.

ASSISTANT SECRETARY NICHOLS: So the White House will determine which leaders are invited to the Summit of the Americas, and the White House has not yet issued invitations. I will note that the Western Hemisphere is a part of the world that has a broad commitment to democracy, as enshrined in the Inter-American Democratic Charter. And I believe that as we move forward, we will see countries that share that commitment toward democracy as the key participants in the summit.

LINKS To Related Analyses

"Ninth Summit of the Americas" Scheduled For 6 June 2022 To 10 June 2022 In Los Angeles, California. Cuba And Venezuela Should Be Invited- And Both Countries Should Participate.  January 19, 2022

Might Cuba And Venezuela Participate In 2021 Summit Of The Americas? Might They Be Required To Participate?  October 31, 2020

U.S. Ag/Food Exports To Cuba Increase 40.3% In February; 28.1% Increase Year-To-Year. Products Included Poultry, Milk, Popcorn, Coffee Beans, Tuna, Shampoo.

/

ECONOMIC EYE ON CUBA©
April 2022

February 2022 Food/Ag Exports To Cuba Increase 40.3%- 1
49th Of 216 February 2022 U.S. Food/Ag Export Markets- 2
2022 Exports Increase 28.1%- 2
Cuba Ranked 56th Of U.S. Ag/Food Export Markets- 2
February 2022 Healthcare Product Exports US$172,338.00- 2
February 2022 Humanitarian Donations US$364,841.00- 3
Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 16

FEBRUARY 2022 FOOD/AG EXPORTS TO CUBA INCREASE 40.3%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in February 2022 were US$29,812,459.00 compared to US$21,242,760.00 in February 2021 and US$14,809,161.00 in February 2020.

February 2022 Exports Included: Chicken Leg Quarters (Frozen); Chicken Meat (Frozen); Chicken Legs (Frozen); Whole Chickens; Soybeans; Preserved Chicken Meat; Beans; Green Coffee Beans; Roasted Coffee Beans; Lentils; Powdered Milk; Condensed Milk; Popcorn; Tuna; Communion Wafers; Shampoo; Soap; Dentifrices.

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

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

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

Complete Report In PDF Format

Iberostar Files 25th Notice To Court. Judge Waiting 730 Days For European Commission To Respond. Patience Waning For Judge? Deadline Notice Likely.

/

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

/

Ag Delegations Traveling To Cuba Need To Know What Is Possible And Advocate To Government Of Cuba To Permit All That Is Permissible- Waiting For Direct Export Of Coffee, Cacao, Honey.  Complaining Is Not Constructive.   

Important for individuals subject to United States jurisdiction to be knowledgeable in advance of traveling to the Republic of Cuba of statutes, regulations, and policies relating to exporting products and services to the Republic of Cuba, importing products and services from the Republic of Cuba, and providing direct investments within the Republic of Cuba.  Critically important is to have knowledge about what has been accomplished and what has not been accomplished.  These are the responsibilities of the visitor and the organizer of the visit, if there is one. 

Providing Republic of Cuba nationals who are officials, managers, owners, and workers with inaccurate information- and permitting officials, managers, owners, and workers to promote inaccurate information does nothing to advance the interests of United States-based companies and organizations. 

Critical for United States-based interests and Republic of Cuba-based interests to use what does exist with respect to export opportunities and import opportunities rather than misuse valuable time and unnecessarily high-priced face-to-face engagement for the purpose of complaining about what does not exist and what could be if what existed did not exist.  There are opportunities- important to use them.   

Republic of Cuba government-operated Cubaexport continues to prohibit the direct export of coffee, cacao, and honey to the United States.  The direct export of charcoal was authorized by Cubaexport which operates under the Ministry of Foreign Trade and Foreign Investment of the Republic of Cuba.  The indirect export of coffee (processed) was authorized by Cubaexport.  

According to the United States Department of Agriculture (USDA), no request was made immediately or soon after the Republic of Cuba provision in H.R. 2, the five-year Agriculture Improvement Act, known as the “Farm Bill” was signed into law on 20 December 2018 by The Honorable Donald J. Trump, President of the United States.   

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.” 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.  

According to Denver, Colorado-based Potatoes USA, the organization applied to the USDA for the use of MAP (Market Access Program) funding in May 2019. The amount of the request was US$60,000.00. In November 2020, 33,118 pounds (15,022 kilos or 21.04 metric tons) of potato seeds valued at US$44,760.00 were shipped to the Republic of Cuba in a container by ocean freight. 

Constructing a foundation upon realities is far more effective than constructing a foundation upon a statutory, regulatory, and policy landscape that does not exist and likely will not exist for longer than many desire.  

There are neither limitations as to type, quantity, nor to quality, of agricultural commodities and food products which may be exported from the United States to the Republic of Cuba within provisions of the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000.  The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products found in a supermarket) and agricultural commodities (including fertilizers and telephone poles and paper) from the United States to the Republic of Cuba, irrespective of purpose.  Since the first deliveries using the TSREEA in December 2001, the total value of agricultural commodities and food products delivered from the United States to the Republic of Cuba exceeds US$6.6 billion. 

Useful to mention that those United States-based exporters of agricultural commodities and food products to the Republic of Cuba have not publicly advocated for a change in payment terms from cash-in-advance as required by the TSREEA to permitting payment terms and permitting financing.   

In 1999 and 2000, United States-based exporters of agricultural commodities and food products advocated against including payment terms and financing in the TSREEA for fear that the Republic of Cuba was likely to default, and any reported default would expectantly result in widespread reluctance for any commercial engagement with the Republic of Cuba.  The theory was better to have less volume and United States dollar value in overall exports when confined to cash-in-advance payments than insert considerable risk where none would exist.    

Instructive that no representative of a United States-based financial institution has confirmed in public, including at committee hearings and sub-committee hearings before members of the United States Congress (House of Representatives and Senate), that they would provide financing to a Republic of Cuba government-operated entity. 

The existing commercial, economic, and political relationship between the United States and the Republic of Cuba remains absent normality due to statutes, regulations, and policies initiated, implemented, and adhered to by the governments in both capitals.   

Each government has implemented harm upon the other government- and United States-based companies and Republic of Cuba-based companies, particularly the self-employed and newly-re-authorized micro, small, and medium-size enterprises (MSMEs) are unable to fully engage to levels where each are comfortable- and account for inspiration and aspiration, the fuel which propel entrepreneurs. 

The Republic of Cuba may purchase inputs including equipment.  In 2017, Deere & Company (2021 revenues approximately US$44 billion) established a distribution center in the Republic of Cuba, joining San Juan, Puerto Rico-based RIMCO, the Republic of Cuba distributor for Peoria, Illinois-based Caterpillar Inc. (2021 revenues approximately US$42 billion) established the same year.  At the time, neither Deere & Company nor Caterpillar issued media releases or posted information on their respective Internet sites.  

Since November 2017, Deere & Company delivered more than US$800,000.00 in agricultural equipment to the Republic of Cuba for use at its distribution center. Antioch, Tennessee-based Wirtgen America, Inc., a subsidiary of Windhagen, Germany-based Wirtgen Group (2021 revenues approximately US$3 billion), a construction equipment machinery subsidiary (acquired in 2017) of Deere & Company has also delivered products to the Republic of Cuba.  RIMCO continues to deliver equipment for use at its distribution center in the Republic of Cuba, including excavators, backhoes, graders, scrapers, bulldozers, railway fixtures, and signaling equipment, valued at more than US$4 million since December 2018.  John Deere Financial Services was to provide payment terms/financing for the exports, primarily Series 5000 (price range US$25,000.00 to US$80,000.00) with a limited quantity of Series 7000 (price range US$219,000.00 to US$280,000.00).  According to the company, several hundred tractors, parts and accessories may be exported from the United States to the Republic of Cuba during the next four years, with the first deliveries (for testing and evaluation) scheduled for mid-November 2017.  The potential value of the several hundred products exported from the United States to the Republic of Cuba that would be financed could range from US$9 million to US$30 million.  John Deere Financial Services has not commented as to whether the product sales goals have been achieved or if there have been issues relating to the receipt of payments.  Caterpillar has not disclosed if the company has provided payment terms for its products exported to the Republic of Cuba.  

United States Department of State
Washington DC
Section 515.582 List
Bureau of Economic and Business Affairs Goods and Services Eligible for Importation

“In accordance with the policy changes announced by the President on December 17, 2014, to further engage and empower the Cuban people, Section 515.582 of the Cuban Assets Control Regulations (31 CFR Part 515 – the CACR) authorizes the importation into the United States of certain goods and services produced by independent Cuban entrepreneurs as determined by the State Department as set forth on the Section 515.582. The goods whose import is authorized by Section 515.582 are goods produced by independent Cuban entrepreneurs, as demonstrated by documentary evidence, that are imported into the United States, except for goods specified in the following sections/chapters of the Harmonized Tariff Schedule of the United States (HTS).”  

Coffee from the Republic of Cuba is available throughout the United States through an agreement signed in 2016 between New York, New York-based Nespresso USA Inc., a subsidiary of Lausanne, Switzerland-based Nestle Nespresso S.A. (2021 revenue approximately US$95 billion); Arlington, Virginia-based TechnoServe; and Republic of Cuba government-operated Cubaexport, under the auspice of the Ministry of Foreign Trade of the Republic of Cuba.  

From Nespresso: “The green coffee sourced for Cafecito de Cuba is 100% pure Arabica, grown by smallholder farmers in the provinces of Granma and Santiago de Cuba in the eastern part of Cuba.  Nespresso coffee experts in Switzerland then used a split roasting technique to enhance the potential of the beans and highlight their authenticity. One part of the beans was roasted for a shorter time to a lighter colour to bring out the coffee’s unique flavours and aromas. The second part was roasted longer to a much darker colour to create a strong body with a dense, velvety texture and intense rich flavours.”  Link: https://nestle-nespresso.com/news/Nespresso-brings-Cuban-coffee-back-to-US  

United States-based companies have approached Cubaexport to seek authorization to import coffee directly from the Republic of Cuba to the United States.  Those entreaties were rejected. 

Charcoal from the Republic of Cuba has been imported directly to the United States.  The first company, Hialeah, Florida-based Fogo Premium Lump Charcoal purchased four (4) 20ft containers with the first delivered in January 2017 and the second in July 2018.  The second company Foley, Alabama-based GulfWise Commerce LLC, affiliated with Foley, Alabama-based Woerner Companies reported delivery in May 2019 to Port Everglades, Florida, of two (2) forty-foot containers.  Neither company reported no transactional issues with the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, Bureau of Industry and Security (BIS) of the United States Department of Commerce, or Office of Legal Adviser (OLA) at the United States Department of State.  

Links To Related Analyses 

Coffee & Charcoal Have Been Imported From Cuba; U.S. Companies Want More.  Agricultural Commodities/Food Products/Healthcare Products Have Been Exported To Cuba; U.S. Companies Want More. October 02, 2021 

J.C. Newman Cigar Co. Wants To Add Tobacco Leaves To Coffee & Charcoal As Authorized Imports From Cuba. June 03, 2021 

Farm Bill- FMD/MAP Funding 

According the United States Department of Agriculture (USDA), no request was made in Fiscal Years 2019 or 2020 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.   

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.” 

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.” 

A most significant impact of not having any immediate MAP/FMD requests for 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.  

For the United States business community, the MAP/FMD amendment to the Farm Bill was significant, but more likely to provide greater financial value to the government of the Republic of Cuba than to United States food product and agricultural commodity exporters using provisions of the TSREEA.  The likelihood of a value to United States taxpayers, as members of the United States Senate have posited, of US$28.00 returned for every US$1.00 in expenditures of MAP/FMD throughout the world, and now including the Republic of Cuba, will be challenging to measure- but it will be important to measure and the USDA should focus upon the cost-benefit analysis. 

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

Prensa Latina News Agency
Havana, Republic of Cuba
7 April 2022

US farmers ask to end trade restrictions on Cuba (+Photos).  The USA-Cuba Agricultural Coalition seeks to change policies hindering bilateral trade relations, Doug Keesling, one of founders, said on Thursday.  It would bring benefits to both sides, Mr. Keesling added at a meeting with the press.  While the United States exports over 50% of food it produces, Cubans could sell organic products, vegetables and fruit to the West Coast and generate income to buy supplies, he explained.  American producers are willing to be the most reliable source to sell food in Cuba, but also to provide Cuban farmers with technology and knowledge, he added.  “We will go back to Washington and fight for this change to happen,” he said. Meanwhile, Tom Haag, vice president of the American Corn Grower Association, acknowledged the effects of the economic US blockade against Cuba.  Concerning the significance the Conference, Asiha Grigsby, director of International Promotion of the American Rice Association, stressed that talks “allow us to bring experiences home, speak in our associations and to create a base for better future.”  Discussions focused on barriers to doing business and chances of them being removed in the coming years, said Dalton Henry, vice president of the American Wheat Association.  Despite challenges, there is already a substantial trade between the two countries as a result of our associations´ work, especially in the poultry sector; we hope to increase as other US organizations urge for friendlier relations, Mr. Henry detailed.  For two days, Cuban and US farmers worked to strengthen joint production, bilateral trade and foreign investment.  The event, held at the Valentín Quinta Avenida Hotel, included technical round tables between Cuban and US businessmen, visits to Artemisa and Mayabeque provinces, as well as openings by the Chamber of Commerce and the Cuban Ministries of Foreign Trade and Agriculture. 

Granma
Havana, Republic of Cuba
7 April 2022

In the exchange between Díaz-Canel and US farmers, Paul Johnson, president of the US-Cuba Agricultural Coalition, which since 2015 has developed an intense agenda in favor of bilateral relations in the sector, emphasized that the links between the two countries are very strong.  We have historical ties in the cultural, logistical, family and agricultural. They are ties that unite us as countries and that has to be the basis for improving relations in the future, and not only to export our merchandise here, but also to work with Cuban producers and help them increase their production, and export merchandise. there. Things will not be easy in the future, but –he said– we share objectives that should allow us to move in that direction.  We want to contribute – Johnson added – to the development of the great talent that exists in Cuba, and we have come to help improve our relations and also to put an end to this embargo, so we have a lot of work to do. The blockade/embargo – he added – has been present for more than 60 years and has not worked, and it is time to find new strategies to solve the problems and our presence is to help with that. 

Ray D'Alessio, a reporter for the Georgia Farm Monitor, asked the Head of State about the concept they have, about what Cubans think of American farmers, to which Díaz-Canel replied that Cuban farmers, both state and private, have a very high rating from their North American colleagues, for their technological and productive development, for the quality of their products, for the good practices they apply.  In fact, he told them, there are many of our farmers who communicate with you online to talk and learn about everything related to agricultural production. Our farmers -he summarized- have a high appreciation of you, they aspire to have your development, they see you as a reference.  For us, the president pointed out, the natural market, the one that could favor us the most in the food sector, is the United States. We're only 90 miles away. Of you we favor the cost, the quality, the freight, the replenishment, the rapid response in an emergency. But that is an opportunity that neither of the two parties is taking full advantage of, due to the blockade.  Robert M. Tobiassen, President of the US National Association of Spirits Importers. UU., expressed that the sector he represents, by its nature, has a different vision than that of the farmers. This is my first visit to Cuba and "I have been impressed by the hospitality of the Cubans, and I thank you and your people," he told Díaz-Canel.  Tobiassen pointed out that the quality of its spirits is a heritage shared by Cuba and the United States, and in everything, culture counts, he stated.  Alcoholic beverages have their unique history, he added, pondering the importance that different sectors of both countries strengthen their branch relations and build coalitions, as the best way to advance bilateral relations. 

Among other interventions, James Summer, president of the United States Chicken and Egg Producers Export Council, explained that he has been coming to the island for 21 years, and recalled the strong ties they maintain here, to the point that Cuba is the third export market for chicken meat producers in his country, after Mexico and China.  Today -he added- we held a meeting with representatives of the poultry sector, and we extended our hand to help increase chicken and egg production in Cuba, a sector that is becoming very difficult to maintain, not only here, but also in my country. country, due to shortages, rising costs, problems with the workforce, new diseases, are concerns that we share, as well as the search for successful solutions for our productions, he pointed out, to which the President expressed his willingness of Cuba to cooperate in all that is possible to provide answers to these mutual challenges.  The meeting concluded with the words of the farmer from Kansas, Douglas Kessling, a wheat producer, who presented the President of the Republic with a symbolic box with the grain he harvests.  "Like Cubans," Kessling pointed out, "US farmers are also very proud and we want to work with Cuban farmers, and strive to have a trade in both directions.”

Verizon Adds Cuba To 17-Country Global Choice International Calling Plan.

/

04.13.2022|Products & Plans|Mobile Plans & Devices LINK To Spanish Language Text

Verizon adds calling to more countries in Latin America, including Cuba, at no additional cost

Staying in touch with loved ones has never been easier or more affordable with Global Choice, the international calling plan now included in select plans

What you need to know:

Starting today, qualified new and existing wireless customers can stay in touch with their loved ones in more countries in Latin America at no additional cost with Global Choice¹

Qualified customers can now choose one of 17 countries in Latin America to add to their plan, including Cuba, Honduras, Costa Rica, Uruguay, Paraguay and Panama

Verizon is the only carrier that provides a block of monthly international calling minutes to Cuba at no cost

BASKING RIDGE, N.J. - Verizon knows how important it is to keep in touch with loved ones who may be outside of the U.S. That’s why, starting today, we have added more Latin American countries to be part of Global Choice, at no cost with select 5G Unlimited plans.

With Global Choice, the international calling plan that provides a select number of long distance calling minutes, new and existing qualified customers can access up to five hours per month to call their friends and loved ones in one of 17 countries in Latin America at no additional charge, with discounted rates for additional hours. Verizon is the only carrier to include a block of monthly international calling minutes to Cuba at no additional cost. And, as always, talk and text to Mexico and Canada is included on select 5G Unlimited plans.

“At Verizon we are committed to offering our Latinx customers the best value on the best network to help them stay connected to friends and family near and far,” said Nina Bibby, SVP Consumer Segment Marketing at Verizon. “We are proud to expand our Global Choice international calling plan to reach more countries in Latin America, including Cuba, so customers can receive a block of minutes every month to call their chosen country at no cost.”

More options for customers calling to and from the U.S., or coming to the the country for the first time

Global Choice gives customers access to international long distance calling with a monthly allowance of minutes to one of 17 select Latin American countries, now including Cuba, Honduras, Costa Rica, Uruguay, Paraguay and Panama in addition to Colombia, Peru, Argentina, Dominican Republic, Venezuela, Brazil, Guatemala, Chile, El Salvador, Ecuador and Bolivia.

Verizon also recently announced a partnership with Nova Credit that can help provide people that are new to the country access to the best 5G network and device promotions. Those relocating from certain countries to the U.S. can seamlessly opt-in to share their international credit history with Verizon as part of the application process to purchase the latest devices. That means no need to pay the full price up front with 0% interest on device financing.

Plus, for Verizon customers planning to visit loved ones abroad, 5G Do More and 5G Get More Unlimited plans include one day of International TravelPass per month at no additional cost. TravelPass lets you use your domestic talk, text and data in more than 210+ countries and destinations outside the U.S. for a set daily fee to call within the country you're visiting and calls back to the U.S.

To sign up or to learn more about Global Choice visit: verizon.com/globalchoice To learn more about Verizon international credit visit: verizon.com/internationalcredit or about our Get More Plans and included TravelPass days, visit verizon.com/plans/unlimited.

¹ Available for new and current wireless customers who add a line on postpaid 5G Unlimited plans only. For monthly access, must add Global Choice International plan and eligible country w/in 30 days of activating plan. $10/mo credit applied for select country; credit ends if eligibility req’s are no longer met. International calling available from the U.S. to mobile or landline to only select countries starting at 30 min/mo of usage; then up to $0.65 per minute after monthly time allotment depending on country. See vzw.com for list of eligible countries and add’l rates.

² Rates per minute apply once allowance has been used.

Verizon Communications Inc. (NYSE, Nasdaq: VZ) was formed on June 30, 2000 and is one of the world’s leading providers of technology and communications services. Headquartered in New York City and with a presence around the world, Verizon generated revenues of $133.6 billion in 2021. The company offers data, video and voice services and solutions on its award-winning networks and platforms, delivering on customers’ demand for mobility, reliable network connectivity, security and control.

For Biden-Harris Administration, Next Important Date Marker Impacting Policies Toward Cuba Is 11 July 2022. Will There Be Demonstrations And How Will Diaz-Canel-Valdes Mesa Adminisration React.

/

On July 11, spontaneous peaceful protests broke out across the island. In the largest and most widespread demonstrations in decades, tens of thousands of citizens across the country poured into the streets to demand an end to repression as well as to criticize the government’s failure to meet their basic needs and its poor response to COVID-19. Social media posts helped spread news of the protests among citizens.

LINK To 46-Page 2021 Cuba Human Rights Report

US Department Of Justice Files 47-Page Amicus Brief In Libertad Act Lawsuits Against Trivago And Four Cruise Lines. Both Plaintiffs And Defendants Will Have Issues. Who Can Sue? Was Travel Lawful?

/

Excerpts From Amicus Brief:

"The United States deplores the nationalization and expropriation of property of U.S. nationals by the Cuban government in the strongest terms and has repeatedly communicated to the Cuban government the need to provide compensation for such takings of property. The United States also condemns the trafficking in nationalized and expropriated property by the Cuban government and others. It is the longstanding policy of the United States to achieve compensation for U.S. nationals with outstanding claims related to Cuban expropriations."

"As explained below, the application of the lawful travel exclusion is underdeveloped in the records of these cases."

"Relying on that well-established regulatory regime ensures that potentially sensitive foreign policy questions regarding the lawfulness of travel to Cuba are decided by the political branches."

"The Court asked for the United States’ views on the effect of the lawful travel exclusion on the plaintiffs’ claims. Because none of the district court decisions applied the lawful travel exclusion, and because the issue is generally underdeveloped in the record, the United States does not take a position on whether or how the exclusion might apply to the facts of these cases. But the United States does note that, in its view, a plaintiff does not bear the burden to plead specific allegations that would establish that the defendant’s travel-related transactions were not “incident to lawful travel.”

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC.  Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22619 Southern Florida District; 20-12407 11th Circuit Court of Appeals] 

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Baker & McKenzie, LLP (defendant)
Scott Douglass & McConnico (defendant)
Akerman (defendant)

Motion By The United States To File Over-Length Brief (4/11/22)
Brief For United States As Amicus Curiae (4/11/22)
USDOJ Appearance Counsel Form (1/25/22)
Notice Of Amicus Participation By The United States (3/22/22)
Del Valle v. Expedia Group Inc., No. 20-12407 - Rule 28(j) Letter Citing Supplemental Authority (4/4/22)
Libertad Act Lawsuit Filing Statistics

Excerpt From Amicus Brief:

“SUMMARY OF ARGUMENT I.A. 22 U.S.C. § 6082(a)(4)(B) and (C) partially define the class of “United States national[s]” who may bring suit under Title III of the LIBERTAD Act. As a matter of grammar and statutory structure, the “United States national” referred to in 22 U.S.C. § 6082(a)(4)(B) and (C) is the plaintiff bringing suit. Other provisions of the statute define different classes of “United States nationals,” but there is nothing inconsistent about interpreting those provisions as identifying different classes of United States nationals for the different ends furthered by the provisions. B. Under its ordinary meaning, the undefined term “acquire[]” in 22 U.S.C. § 6082(a)(4)(B) includes inheritance. The qualification in 22 U.S.C. § 6082(a)(4)(C) that a United States national may not bring suit related to property expropriated after March 12, 1996, if the person “acquires ownership of a claim to the property by assignment for value” demonstrates that Congress qualified the ordinary meaning of “acquire[]” when it intended to do so. Because there is no federal law governing when a claim is acquired by an heir, state or foreign law determines the date on which a LIBERTAD plaintiff acquired his interest in the relevant property through inheritance. II. The President’s statutory authority to suspend the effective date of Title III or the right of action does not affect the class of individuals who may bring suit under the LIBERTAD Act. Congress gave the President suspension authority to afford the President flexibility to respond to unfolding developments in Cuba. But nothing in the statute suggests that the grant of the President’s suspension authority alters the class of individuals who may sue or that the President’s exercise of that authority expands the class beyond that specified by the statute. III. Travel to Cuba by persons subject to U.S. jurisdiction is highly restricted under federal law and is lawful only if the transactions related to such travel are authorized by OFAC’s Cuban Assets Control Regulations. The Libertad Act’s lawful travel exclusion implicitly points to that body of law. The phrase “lawful travel to Cuba,” 22 U.S.C. § 6023(13)(B)(iii), thus means travel that is permissible under OFAC regulations. And “transactions and uses of property” are “incident to lawful travel to Cuba, to the extent that such transactions and uses of property are necessary to the conduct of such travel,” id., if the transactions and uses of property are “ordinarily incident to a licensed transaction” involving travel to Cuba “and necessary to give effect thereto,” 31 C.F.R. § 515.421(a). Transactions related to travel to Cuba are lawful only if they are authorized by OFAC regulations at the time of the transaction, so the possibility that OFAC may change its regulations does not affect the lawful travel exclusion in the LIBERTAD Act. OFAC provides various resources to assist persons in determining the legality of activities involving travel to Cuba, including examples in its regulations, answers to frequently asked questions on the agency’s website, and a telephone hotline. The record in these cases is not sufficiently developed for the United States to opine on the application of the lawful travel exclusion to plaintiffs’ claims. However, it is not the burden of a plaintiff asserting claims under Title III to plead that transactions related to travel to Cuba were unlawful. The facts to establish that a transaction was incident to lawful travel to Cuba are uniquely in the possession of the person engaging in the transaction, and it is unlikely that any plaintiff could have a basis to allege that the conduct at issue did not fall within the lawful travel exclusion. Accordingly, the better interpretation of the statute is that a plaintiff bringing suit under Title III does not have an obligation to plead that challenged activity does not come within the lawful travel exclusion.”

Background

The Court asks that the United States file its amicus brief by February 25, 2022, at which time the parties in the cases will be permitted to respond. Should the United States elect not to file an amicus brief, it should so notify the Court by January 25, 2022: U.S. ATTORNEY GENERAL; UNITED STATES SOLICITOR GENERAL; OFFICE OF THE LEGAL ADVISER, U.S. DEPARTMENT OF STATE; UNITED STATES OF AMERICA (Southern District Attorneys). On Appeal from the United States District Court for the Southern District of Florida .  BEFORE: JORDAN, NEWSOM, and BURKE,* District Judge.  ORDER: The Court invites the United States – through the Attorney General, the Solicitor General, and/or the Office of the Legal Adviser to the State Department –to file an amicus brief in Mario Del Valle, et al., v. Trivago GMBH, et al., No.20-12407 (argued Oct. 4, 2021), Javier Garcia-Bengochea v. Carnival Corporation, No. 20-12960 (argued Oct. 4, 2021), and Javier Garcia-Bengochea v. Royal Caribbean Cruises, LTD., No. 20-14251 (argued Oct. 4, 2021), pursuant to Fed.R.App.P. 29(a)....The Court invites the United States to address the following questions concerning the Helms-Burton Act, 22 U.S.C. § 6082:...The court asks that the U.S. file its amicus brief by 2/25/22... AJ, KCN and LCB (See attached order for complete text) [20-12407, 20-12960, 20-14251] [Entered: 12/20/2021 04:48 PM].  The Court invites the United States to address the following questions concerning the Helms-Burton Act, 22 U.S.C. § 6082:

  1. Does the term “United States national” in 22 U.S.C. §§ 6082(a)(4)(B) and 6082(a)(4)(C) refer to the plaintiff bringing the action, or the original claimant to the confiscated property, or both?

  2. What does the word “acquire[ ]” in 22 U.S.C. § 6082(a)(4)(B) mean? Is inheritance encompassed in the term “acquire[ ]?” And if “acquire[ ]” does include inheritance, at what point is a claim “acquire[d]” by an heir within the meaning of the statute?

  3. How, if at all, does the phrase “assignment for value” in 22 U.S.C. §6082(a)(4)(C) affect the pool of eligible claimants compared to the pool of eligible claimants under 22 U.S.C. §6082(a)(4)(B)?

  4. What effect, if any, does the President’s ability to suspend Title III pursuant to 22 U.S.C. § 6085(b) have on defining the class of eligible claimants who can bring an action under 22 U.S.C. § 6082(a)(4)? Does the President’s ability to suspend Title III imply that the statute was drafted to allow the heirs of American citizens – whose property was unlawfully confiscated and “trafficked” by third parties – to bring claims under 22 U.S.C. § 6082(a)(4)?

  5. What effect, if any, does the lawful travel exception, 22 U.S.C. §6023(13)(B)(iii), have on the plaintiffs’ claims? What effect, if any, does the possibility that the Office of Foreign Assets Control (OFAC) can change the permissible reasons for travel to Cuba have on the lawful travel exception?

  6. What does the phrase “incident to lawful travel” in 22 U.S.C. §6023(13)(B)(iii) mean? Who or what defines “lawful travel” (e.g. OFAC)? What guidance should persons and entities look to in determining whether their activities are “incident to lawful travel?”

“ORDER: The motion filed by the United States for an extension of time, up to and including April 11, 2022, to file the amicus brief is GRANTED. The motion for an extension to March 11, 2022, to notify the Court that the United States elects not to file an amicus brief is GRANTED.” 

Links To Related Posts  

Despite Requesting Two Delays, DOJ Will File Brief To Court Of Appeals- Will DOJ Answer All Six Questions From Court? Answers Could Impact All Libertad Act Lawsuits.  March 25, 2022

U.S. Department Of Justice Requests And Is Granted Until 11 March 2022 To Decide Whether To Submit Answers To Six Questions To Court Of Appeals.  February 01, 2022 

Court Of Appeals "Invites" Biden-Harris Administration To Answer Six Questions In Libertad Act Lawsuits That May Impact More Than Cuba Lawsuits. Will They Answer? Due By 25 January 2022.  December 31, 2021  

American Airlines Libertad Title III Lawsuit Becomes First To Seek Review By United States Supreme Court. Twenty-Nine Months From District Court To SCOTUS Is Fast.  December 20, 2021 

11th Circuit Court Of Appeals Hearing Recording For Del Valle Vs. Expedia, Hotels, Orbitz, Trivago, Etc. Libertad Act Lawsuit.  December 16, 2021 

Did U.S. Department Of Justice “Intervene” And Tip The Scale In A Libertad Act Title III Cuba Lawsuit On Behalf Of United Kingdom-Based Company? Defendants Hope So.  September 01, 2021 

Plaintiff Files Appeal Against Expedia In Libertad Act Lawsuit.  September 05, 2020

Even If The Four Cruise Lines Are Found Guilty Or Settle Libertad Act Lawsuits Filed Against Them, U.S. Government Could Still Seize Their Vessels. OFAC Has Five-Years From 2019.

/

If The Four Cruise Lines Are Found Guilty Or Settle The Libertad Act Lawsuits Filed Against Them, Might Then The U.S. Government Have Claim Upon Their Vessels?   

Libertad Act Authorizes Asset Forfeiture. 

OFAC Has Five Years To Commence Enforcement Action- Cruises Ceased On 4 June 2019. 

What Would U.S. Government Do With 2,000-Passenger Vessel?  Need To Re-flag?  Jones Act Implications?  Cruise Lines May Have Sold Vessels Used For Cuba Voyages. 

Sounds Outlandish?…. Who Thought The Libertad Act Would Be Suspended For Twenty-Three Years?  That The First Defendants Would Be American Companies Rather Than Foreign Companies? 

Link: 169-Page Ruling Against Four Largest Cruise Lines- They Engaged In Tourism In Cuba. Now A Binary Choice: Jury Trial In Miami, Florida, In May 2022 Or US$100+ Million Settlement? Is There Insurance?

The Trump Administration on 2 May 2019 made operational Title III 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.  To date, forty-four (44) lawsuits have been filed.   

From Libertad Act: (d) Trading with the Enemy Act.-- (1) Civil penalties.--Subsection (b) of section 16 of the Trading with the Enemy Act (50 U.S.C. App. 16(b)), as added by Public Law 102- 484, is amended to read as follows: (b)(1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this Act.  (2) Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the direction of the Secretary of the Treasury, be forfeited to the United States Government.  (3) The penalties provided under this subsection may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, United States Code, with the right to prehearing discovery.  (4) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5, United States Code. 

From Jones Act: “The Merchant Marine Act of 1920, known as the Jones Act, is a federal statute establishing support for the development and maintenance of a merchant marine in order to support commercial activity and serve as a naval auxiliary in times of war or national emergency (See 46 USC § 50101).  The statute, among other things, requires shipping between US ports to be conducted by US-flag ships. (46 USC § 50102.)  46 U.S. Code § 50101 - Objectives and policy: (a) Objectives.—It is necessary for the national defense and the development of the domestic and foreign commerce of the United States that the United States have a merchant marine— (1) sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce of the United States and to provide shipping service essential for maintaining the flow of the waterborne domestic and foreign commerce at all times; (2) capable of serving as a naval and military auxiliary in time of war or national emergency; (3) owned and operated as vessels of the United States by citizens of the United States; (4)  composed of the best-equipped, safest, and most suitable types of vessels constructed in the United States and manned with a trained and efficient citizen personnel; and (5) supplemented by efficient facilities for building and repairing vessels.  (b) Policy.— It is the policy of the United States to encourage and aid the development and maintenance of a merchant marine satisfying the objectives described in subsection (a).  (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1556; Pub. L. 111–84, div. C, title XXXV, § 3511, Oct. 28, 2009, 123 Stat. 2722.)” 

From Office Of Foreign Assets Control (OFAC): Forfeiture of property used in a violation of the Cuban Assets Control Regulations (CACR) exists independently of the Libertad Act. 

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

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

JAVIER GARCIA-BENGOCHEA V. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINE, A FOREIGN CORPORATION [1:19-cv-21725 Southern Florida District; 20-12960 11th Circuit Court of Appeals]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Creed & Gowdy (plaintiff- appellate)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)

JAVIER GARCIA-BENGOCHEA V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23593; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Creed & Gowdy, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

JAVIER GARCIA-BENGOCHEA VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23592; Southern Florida District; 20-14251 11th Circuit Court of Appeals]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Creed & Gowdy, P.A. (plaintiff)
Holland & Knight (defendant)

LINK To Libertad Act Lawsuit Filing Statistics

U.S. Supreme Court Denies Petition For A Writ Of Certiorari In Libertad Act Lawsuit Against American Airlines

/

ROBERT M. GLEN V. AMERICAN AIRLINES, INC., [1:19-cv-23994 Southern Florida District; 4:20-cv-00482-A Transferred To Northern Texas District; 5th Circuit Court of Appeals 20-10903; 15 December 2021- Seeking Review From United States Supreme Court; Denied 1/18/22]
Reid Collins & Tsai (plaintiff)
Ewusiak Law, P.A. (plaintiff)
Jones Day (defendant)
Kelly Hart & Hallman LLP (defendant)

United States Supreme Court Denial Of Writ Of Certiorari (1/18/22)
Libertad Act Lawsuit Filing Statistics

Writs Of Certiorari: “Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review. The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. In fact, the Court accepts 100-150 of the more than 7,000 cases that it is asked to review each year. Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case. Five of the nine Justices must vote in order to grant a stay, e.g., a stay of execution in a death penalty case. Under certain instances, one Justice may grant a stay pending review by the entire Court.”

Related Link

American Airlines Libertad Title III Lawsuit Becomes First To Seek Review By United States Supreme Court. Twenty-Nine Months From District Court To SCOTUS Is Fast.  December 20, 2021

Royal Caribbean Cruises Libertad Act Lawsuit: Tens Of Thousands Of Documents Unsealed

/

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

Order Unsealing The Summary Judgement Record

Joint Motion For Enlargement Of Time To File Objections And Responses To Omnibus Report And Recommendation Regarding Daubert Motions (4/7/22)
Order On Motions For Reconsideration (4/6/22)
Reply In Support Of Defendants’ Expedited Motion To Remove Cases From Trial Calendar And Continue Remaining Pretrial Deadlines (4/5/22)
Libertad Act Lawsuit Filing Statistics

04/04/2022 262 

ORDER Unsealing the Summary Judgment Record as to Royal Caribbean Cruises, LTD. Signed by Judge Beth Bloom on 4/1/2022. (pes) (Entered: 04/04/2022)

11/08/2021 206 

Plaintiff Havana Docks Corporation's Reply in Support of its Individual Motion for Summary Judgment Against Royal Caribbean Cruises LTD. by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/08/2021)

11/08/2021 205 

Plaintiff's Reply to Defendant's Statement of Additional Facts in Support of Plaintiff's Individual Motion for Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/08/2021)

11/08/2021 203 

REPLY In Support Of Its Individual Motion For Summary Judgment by Royal Caribbean Cruises, LTD.. (Ponce, Scott) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/08/2021)

11/08/2021 202 

Reply To Plaintiff's Statement Of Additional Facts Relating To Defendant's Individual Motion For Summary Judgment by Royal Caribbean Cruises, LTD.. (Ponce, Scott) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/08/2021)

11/08/2021 201 

Plaintiff's Reply to Defendants' Additional Facts by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/08/2021)

11/08/2021 200 

Reply Statement Of Material Facts To Plaintiff's Corrected Statement Of Material Facts In Support Of Its Response In Opposition To Defendants' Omnibus Motion For Summary Judgment by Royal Caribbean Cruises, LTD.. (Ponce, Scott) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/08/2021)

11/08/2021 199 

PLAINTIFF HAVANA DOCKS CORPORATION'S REPLY IN SUPPORT OF ITS OMNIBUS MOTION FOR PARTIAL SUMMARY JUDGMENT by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/08/2021)

11/08/2021 198 

NOTICE by Havana Docks Corporation of Filing Exhibit in Support of its Reply to Defendants' Additional Facts (Attachments: # 1 Declaration of Jerry Johnson) (Casey, Stephanie) (Entered: 11/08/2021)

11/08/2021 197 

Defendants' Reply ISO their Omnibus Motion for Summary Judgment by Royal Caribbean Cruises, LTD.. (Ponce, Scott) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/08/2021)

11/03/2021 194 

PLAINTIFF'S CORRECTED STATEMENT OF MATERIAL FACTS IN SUPPORT OF PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S INDIVIDUAL MOTION FOR SUMMARY JUDGMENT by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 11/03/2021)

10/22/2021 190 

PLAINTIFF HAVANA DOCKS CORPORATION'S CORRECTED RESPONSE IN OPPOSITION TO DEFENDANTS' OMNIBUS MOTION FOR SUMMARY JUDGMENT by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/22/2021)

10/22/2021 189 

PLAINTIFF'S CORRECTED STATEMENT OF MATERIAL FACTS IN SUPPORT OF PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S OMNIBUS MOTION FOR SUMMARY JUDGMENT by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/22/2021)

10/18/2021 183 

Plaintiff's Statement of Material Facts in Support of Plaintiff's Response in Opposition to Defendant's Individual Motion for Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 182 

Plaintiff's Response in Opposition to Royal's Individual Motion for Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified docket text/terminated motion on 10/20/2021 (nc). Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 180 

Notice of Filing Exhibits Cited in Plaintiff's Opposition to Royal Caribbean Cruises, Ltd.'s Statement of Material Facts by Havana Docks Corporation. (Attachments: # 1 Havana Docks Corporations Third Amended Answer and Objections to Royal Caribbeans Fourth Set of Interrogatories, dated August 20, 2021, # 2 Transcript of the Deposition of Mickael Behn, taken in Havana Docks Corporation v. Royal Caribbean Cruises, Ltd., dated January 20, 2021 (CONFIDENTIAL), # 3 Havana Docks Corporations Answers and Objections to Royal Caribbeans Corrected Second Set of Request for Admissions, dated June 30, 2021, # 4 Silversea Production (RCL-Havana0231580-231640), # 5 Form 10-K Royal Caribbean Cruises Ltd., for the period ending December 31, 2018, # 6 Transcript of and Exhibits to the Deposition of Mickael Behn, taken in Havana Docks Corporation v. MSC Cruises, S.A., et al, dated December 18, 2020 (CONFIDENTIAL), # 7 Royal Caribbeans Response to Plaintiffs Second Set of Interrogatories, dated August 30, 2021) (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 179 

Plaintiff's Statement of Material Facts in Support of Plaintiff's Response in Opposition to Defendant's Omnibus Motion for Summary Judgment by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 178 

Plaintiff Havana Docks Corporation's Response in Opposition to Defendants' Omnibus Motion for Summary Judgment by Havana Docks Corporation. (Martinez, Roberto) Modified docket/terminated motion on 10/20/2021 (nc). Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 177 

Defendants' Response in Opposition to Plaintiff's Omnibus Motion for Partial Summary Judgment by Royal Caribbean Cruises, LTD.. (Ponce, Scott) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 176 

Defendants' Opposing Statement of Facts and Additional Undisputed Material Facts as to Which There is No Genuine Issue To Be Tried by Royal Caribbean Cruises, LTD.. (Attachments: # 1 Exhibit 125- Decrees & Translations, # 2 Exhibit 126 - Cuba Civil Code 1889, # 3 Exhibit 127 - Cuban mortgage law of 1893, # 4 Exhibit 128 - Regulations to Cuba Mortgage Law, # 5 Exhibit 129 - Cuba Notorial Code of 1929, # 6 Exhibit 130 - December 9, 2020 Jerry Johnson Deposition & Exs., # 7 Exhibit 131 - HDC023141, # 8 Exhibit 132 - Ju;ly 30, 2021 Tandy Bondi Deposition & Exs., # 9 Exhibit 133 - April 1, 2021 Jerry Johnson Deposition & Exs.) (Ponce, Scott) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 173 

Defendant's Response to Plaintiff's Individual Motion for Summary Judgment by Royal Caribbean Cruises, LTD.. (Ponce, Scott) Modified by unsealing documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 172 

Defendant's Response to Plaintiff's Statement of Facts Relating to its Individual Motion for Summary Judgment by Royal Caribbean Cruises, LTD.. (Attachments: # 1 Exhibit) (Ponce, Scott) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

10/18/2021 171 

PLAINTIFF'S NOTICE OF FILING EXHIBITS IN SUPPORT OF IT'S STATEMENT OF MATERIAL FACTS IN RESPONSE IN OPPOSITION TO DEFENDANT'S OMNIBUS MOTION FOR SUMMARY JUDGMENT by Havana Docks Corporation. (Attachments: # 1 Exhibit Havana Docks Corporation Minutes of Special Directors Meeting, dated January 8, 1921 (HDC 004328-4332), # 2 Exhibit State of Delaware 1956 Annual Report for Havana Docks Corporation (HDC 008518-8519), # 3 Exhibit Carnival Corporations Response to Havana Docks Corporations First Request for Admissions, dated August 30, 2021, # 4 Exhibit Transcript of and Exhibits to the Deposition of Arnaldo Perez, taken in Havana Docks Corporation v. Carnival Corporation, dated October 23, 2020 (CONFIDENTIAL), # 5 Exhibit Consent in lieu of Stockholders Meeting of Havana Docks Corporation, dated August 1, 2018 (HDC 13044-13046), # 6 Exhibit State of Delaware 1957 Annual Report for Havana Docks Corporation (HDC 008516-8517), # 7 Exhibit Transcript of and Exhibits to the Deposition of Mickael Behn, taken in Havana Docks Corporation v. Carnival Corporation, dated November 30, 2020 (CONFIDENTIAL), # 8 Exhibit By-Laws of Havana Docks Corporation, adopted April 15, 1969 (HDC 005779-5802), # 9 Exhibit Consent in Lieu of Directors Meeting of Havana Docks Corporation, dated March 30, 2007 (HDC 013081), # 10 Exhibit Transcript of and Exhibits to the Deposition of Robert MacArthur, taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings Ltd., dated April 8, 2021 (CONFIDENTIAL), # 11 Exhibit Cuban Assets Control Regulations (CACR) as of July 1, 1996, # 12 Exhibit Havana Docks Corporation Minutes of Annual Meeting of Annual Meeting of Stockholders, Dated April 29, 2008 (HDC 01390-1392 CONFIDENTIAL), # 13 Exhibit Consent in Lieu of Stockholders Meeting of Havana Docks Corporation, dated August 1, 2018 (HDC 014689-14691)) (Martinez, Roberto) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 10/18/2021)

09/21/2021 146 

Defendant's Notice of Filing Certain Exhibits Under Seal in Support of Statement of Undisputed Material Facts as to Defendants' Omnibus Motion for Summary Judgment (PART 2 OF 2) by Royal Caribbean Cruises, LTD.. (Attachments: # 1 Exhibit 48, # 2 Exhibit 49-1, # 3 Exhibit 49-2, # 4 Exhibit 50, # 5 Exhibit 51, # 6 Exhibit 52, # 7 Exhibit 53, # 8 Exhibit 54, # 9 Exhibit 55, # 10 Exhibit 56, # 11 Exhibit 57, # 12 Exhibit 58, # 13 Exhibit 59, # 14 Exhibit 61, # 15 Exhibit 62, # 16 Exhibit 63, # 17 Exhibit 65, # 18 Exhibit 67, # 19 Exhibit 72, # 20 Exhibit 73, # 21 Exhibit 74, # 22 Exhibit 75, # 23 Exhibit 76, # 24 Exhibit 78, # 25 Exhibit 80, # 26 Exhibit 82-1, # 27 Exhibit 85, # 28 Exhibit 90, # 29 Exhibit 92, # 30 Exhibit 93-1, # 31 Exhibit 93-2, # 32 Exhibit 93-3, # 33 Exhibit 97, # 34 Exhibit 99, # 35 Exhibit 100, # 36 Exhibit 102, # 37 Exhibit 104, # 38 Exhibit 105, # 39 Exhibit 109, # 40 Exhibit 110, # 41 Exhibit 111, # 42 Exhibit 112, # 43 Exhibit 114, # 44 Exhibit 115, # 45 Exhibit 117, # 46 Exhibit 120, # 47 Exhibit 121, # 48 Exhibit 122, # 49 Exhibit 123, # 50 Exhibit 124, # 51 Exhibit 82-2) (Ponce, Scott) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/21/2021)

09/21/2021 145 

Defendant's Notice of Filing Certain Exhibits Under Seal in Support of Statement of Undisputed Material Facts as to Defendants' Omnibus Motion for Summary Judgment (PART 1 OF 2) by Royal Caribbean Cruises, LTD.. (Attachments: # 1 Exhibit Statement of Undisputed Material Facts, # 2 Exhibit 1, # 3 Exhibit 1-1, # 4 Exhibit 1-2, # 5 Exhibit 1-3, # 6 Exhibit 1-4, # 7 Exhibit 1-5, # 8 Exhibit 1-6, # 9 Exhibit 1-7, # 10 Exhibit 1-8, # 11 Exhibit 1-9, # 12 Exhibit 1-10, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16-1, # 16 Exhibit 16-2, # 17 Exhibit 16-3, # 18 Exhibit 16-4, # 19 Exhibit 16-5, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 20, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26-1, # 27 Exhibit 26-2, # 28 Exhibit 26-3, # 29 Exhibit 28-1, # 30 Exhibit 28-2, # 31 Exhibit 28-3, # 32 Exhibit 29, # 33 Exhibit 30-1, # 34 Exhibit 30-2, # 35 Exhibit 30-3, # 36 Exhibit 32, # 37 Exhibit 32, # 38 Exhibit 33, # 39 Exhibit 34, # 40 Exhibit 35, # 41 Exhibit 36, # 42 Exhibit 37, # 43 Exhibit 38, # 44 Exhibit 39, # 45 Exhibit 40, # 46 Exhibit 41, # 47 Exhibit 42, # 48 Exhibit 43, # 49 Exhibit 44, # 50 Exhibit 46, # 51 Exhibit 47) (Ponce, Scott) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/21/2021)

09/20/2021 144 

Havana Docks Corporation's Omnibus Statement of Material Facts in Support of its Omnibus Motion for Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/20/2021 143 

Plaintiff Havana Docks Corporation's Omnibus Motion for Partial Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/20/2021 142 

Plaintiff Havana Docks Corporation's Individual Motion for Summary Judgment Against Royal Caribbean Cruises LTD by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/20/2021 141 

Plaintiff Havana Docks Corporation's Statement of Material Facts in Support of its Individual Motion for Summary Judgment Against Royal Caribbean Cruises LTD by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/20/2021 140 

Statement of: Statement of Undisputed Material Facts by Royal Caribbean Cruises, LTD. re 137 Defendant's MOTION for Summary Judgment (Omnibus) (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 19, # 14 Exhibit 21, # 15 Exhibit 22, # 16 Exhibit 27, # 17 Exhibit 45, # 18 Exhibit 60, # 19 Exhibit 64, # 20 Exhibit 66, # 21 Exhibit 68, # 22 Exhibit 69, # 23 Exhibit 70, # 24 Exhibit 71, # 25 Exhibit 77, # 26 Exhibit 79, # 27 Exhibit 81, # 28 Exhibit 83, # 29 Exhibit 84, # 30 Exhibit 86, # 31 Exhibit 87, # 32 Exhibit 88, # 33 Exhibit 89, # 34 Exhibit 91, # 35 Exhibit 94, # 36 Exhibit 95, # 37 Exhibit 96, # 38 Exhibit 98, # 39 Exhibit 101, # 40 Exhibit 103, # 41 Exhibit 106, # 42 Exhibit 107, # 43 Exhibit 108, # 44 Exhibit 113, # 45 Exhibit 116, # 46 Exhibit 118, # 47 Exhibit 119, # 48 Exhibit 123, # 49 Exhibit 124)(Ponce, Scott) (Entered: 09/20/2021)

09/20/2021 139 

Notice of Filing 62-63 Cited in Plaintiff's Statement of Material Facts in Support of Omnibus Motion for Summary Judgment Against Defendants by Havana Docks Corporation. (Attachments: # 1 Havana Docks Corporations Second Amended and Supplemental Answer and Objections to Defendants Third Set of Interrogatories dated July 30, 2021, # 2 Havana Docks Corporations Answers and Objections to the First Request for Admissions Served by Defendant dated March 19, 2021) (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/20/2021 135 

Notice of Filing Certain Exhibits Under Seal in Support of its Individual Statement of Undisputed Material Facts by Royal Caribbean Cruises, LTD.. (Attachments: # 1 Exhibit 1 - (Part 1 of 2) Deposition of Jerry Johnson, # 2 Exhibit 1 - (Part 2 of 2) Deposition of Jerry Johnson, # 3 Exhibit 3 - (Part 1 of 2) Deposition of Jorge Delgado, # 4 Exhibit 3 - (Part 2 of 2) Deposition of Jorge Delgado, # 5 Exhibit 11 - Deposition of Chris Allen, # 6 Exhibit 12 - (Part 1 of 2) Deposition of Bradley Stein, # 7 Exhibit 12 - (Part 2 of 2) Deposition of Bradley Stein, # 8 Exhibit 13 - Deposition of Adam Goldstein, # 9 Exhibit 15 - Expert Report of Ambar Diaz, # 10 Exhibit 16 - Composite Aries Contracts, # 11 Exhibit 29 - Deposition of Deanna Kim, # 12 Exhibit 40 - (Part 1 of 2) Deposition of Maria Shaw, # 13 Exhibit 40 - (Part 2 of 2) Deposition of Maria Shaw) (Ponce, Scott) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/20/2021 134 

Notice of Filing Exhibits 60-61 Cited in Plaintiff's Statement of Material Facts in Support of Omnibus Motion for Summary Judgment Against Defendants by Havana Docks Corporation. (Attachments: # 1 January 23, 2019 Email re Update on Cuba Title III (NCL_23591-00110447-110448), # 2 January 24, 2019 Email re Confidential & Privileged Title III Suspension (NCLH_23591-0578134-578136 CONFIDENTIAL)) (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/20/2021 133 

Statement of: Individual Statement of Undisputed Material Facts as to Which There is No Genuine Issue to be Tried by Royal Caribbean Cruises, LTD. re 132 Defendant's MOTION for Summary Judgment (Individual) (Attachments: # 1 Exhibit 1 - To Be Filed Under Seal, # 2 Exhibit 2 - HDC 001855-1858, # 3 Exhibit 3 - To Be Filed Under Seal, # 4 Exhibit 4 - RCL-Havana0000417-18, # 5 Exhibit 5 (Part 1 of 2) RCL-Havana0000419-634, # 6 Exhibit 5 (Part 2 of 2) RCL-Havana0000419-634, # 7 Exhibit 6 - RCL-Havana0000635-768, # 8 Exhibit 7 - RCL-Havana0000803-804, # 9 Exhibit 8 - RCL-Havana0000769, # 10 Exhibit 9 - 2020-05-29 RCL_s Responses to HDC_s 1st Interrogatories, # 11 Exhibit 10 - RCL-0001021, # 12 Exhibit 11 - To Be Filed Under Seal, # 13 Exhibit 12 - To Be Filed Under Seal, # 14 Exhibit 13 - To Be Filed Under Seal, # 15 Exhibit 14 - RCL-Havana0078270-78273, # 16 Exhibit 15 - To Be Filed Under Seal, # 17 Exhibit 16 - To Be Filed Under Seal, # 18 Exhibit 17 - RCL-Havana0011532-565, # 19 Exhibit 18 - RCL-Havana0080835-80868, # 20 Exhibit 19 - RCL-Havana0080798-830, # 21 Exhibit 20 - RCL-Havana00202129-62, # 22 Exhibit 21 - RCL-Havana0033335-37, # 23 Exhibit 22 - HDC014348-14350, # 24 Exhibit 23 - RCL-Havana0186076-084, # 25 Exhibit 24 - RCL-Havana0186094-102, # 26 Exhibit 25 - RCL-Havana0186103-111, # 27 Exhibit 26 - RCL-Havana0186085-093, # 28 Exhibit 27 - HDC001498-1503, # 29 Exhibit 28 - HDC 016084-16095, # 30 Exhibit 29 - To Be Filed Under Seal, # 31 Exhibit 30 - HDC 001013-1014, # 32 Exhibit 31 - HDC000083-85, # 33 Exhibit 32 - HDC 001328-30, # 34 Exhibit 33 - RCL-Havana0000062-68, # 35 Exhibit 34 - Maggie Levay Declaration, # 36 Exhibit 35 - Declaration of Maria Mattson, # 37 Exhibit 36 - RCL-Havana0000259-264, # 38 Exhibit 37 - RCL-Havana0000772-802, # 39 Exhibit 38 - (Part 1 of 2) Jessica Topow Declaration, # 40 Exhibit 38 - (Part 2 of 2) Jessica Topow Declaration, # 41 Exhibit 39 - RCL-Havana0000071-75, # 42 Exhibit 40 - To Be Filed Under Seal, # 43 Exhibit 41 - Declaration of Maria Shaw, # 44 Exhibit 42 - RCL-Havana0000256-258, # 45 Exhibit 43 - RCL-Havana0000770-71, # 46 Exhibit 44 - 2021-08-30 RCCL's Responses to HDC's 2nd Set of Interrogatories, # 47 Exhibit 45 - Declaration of Christopher Allen, # 48 Exhibit 46 - HDC 018289, # 49 Exhibit 47 - HDC015207, # 50 Exhibit 48 - Declaration of Meaghan Gies)(Ponce, Scott) (Entered: 09/20/2021)

09/20/2021 131 

NOTICE OF FILING EXHIBITS NOS. 136-180 CITED IN Plaintiff's Statement of Material Facts in Support of Individual Motion fo Summary Judgment Against Royal Caribbean Cruises Ltd by Havana Docks Corporation. (Attachments: # 1 Exhibit Royal Caribbean Cruises Ltd. Answers to Plaintiffs First Set of Interrogatories dated May 29, 2020, # 2 Exhibit Royal Caribbean Cruises Ltd. Supplemental Answer to #6 of Plaintiffs First Set of Interrogatories dated August 18, 2020, # 3 Exhibit Royal Caribbean Cruises Ltd. Response to Plaintiffs First Request for Admissions dated August 2, 2021 (ATTORNEYS EYES ONLY), # 4 Exhibit Royal Caribbean Cruises Ltd. Response to Plaintiffs First Request for Admissions dated August 30, 2021 (ATTORNEYS EYES ONLY), # 5 Exhibit Royal Caribbean Cruises Ltd. Responses to Plaintiffs Corrected Request for Admissions dated September 7, 2021 (ATTORNEYS EYES ONLY), # 6 Exhibit Transcript of and Exhibits to the Deposition of Rosa Maria Caballero Stafford taken in Havana Docks Corporation v Carnival Corporation, 19-cv-21724 (S.D. Fla.), dated March 3, 2021 (CONFIDENTIAL), # 7 Exhibit Transcript of and Exhibits to the Deposition of Christopher Martin taken in Havana Docks Corporation v Carnival Corporation, 19-cv-21724 (S.D. Fla.), dated July 22, 2021 (CONFIDENTIAL), # 8 Exhibit Transcript of and Exhibits to the Deposition of Arnaldo Perez taken in Havana Docks Corporation v Carnival Corporation, 19-cv-21724, (S.D. Fla.), dated April 27, 2021 (CONFIDENTIAL, # 9 Exhibit February 13, 2019 Email re Havana Meetings First Draft (HavanaDocks_0484030-484034 CONFIDENTIAL), # 10 Exhibit Excel spreadsheet containing itineraries and passenger numbers (Pablo Spiller Report Exhibit PS-123) (CONFIDENTIAL/ATTORNEYS EYES ONLY), # 11 Exhibit October 16, 2016 Email re Cuban Agents Conflict sheet and Spreadsheet Temporada 2016-2017 (certified translation and original) (HavanaDocks_0397709-397711), # 12 Exhibit July 16, 2018 Article: Miami billboards accuse cruise ships that sail to Cuba of dealing in confiscated property (HDC 001416-1421), # 13 Exhibit Photograph of Billboard (HDC 001481), # 14 Exhibit Photographs of Protesters at the entry to the Port of Miami (HDC 001491-1492), # 15 Exhibit June 24, 2018 Email re Cruise ship CEOs (HDC 016334-16336), # 16 Exhibit August 10, 2021 Declaration of Duncan Hall (Internet Archive re Wayback Machine) (HDC 022628-022647), # 17 Exhibit MSC Cruises Responses to Plaintiffs First Request for Admissions to Defendants dated August 30, 2021, # 18 Exhibit June 15, 2015 Email re Meeting Cuba (certified translation and original) (MSCCUSA0000077313-77350 CONFIDENTIAL), # 19 Exhibit June 9, 2015 Email re Letter from Mr. Pierfrancesco Vago (certified translation and original) (MSCCUSA0000077298-77301 CONFIDENTIAL), # 20 Exhibit Spreadsheet Temporada 2016-2017 (in Spanish), # 21 Exhibit Transcript of and Exhibits to the Deposition of Massimiliano Mio in his capacity as Defendants Rule 30(b)(6) Corporate Representative, taken in Havana Docks Corporation v MSC Cruise, SA, et al, dated April 29, 2021, # 22 Exhibit Transcript of and Exhibits to the Deposition of Giovanni Onorato taken in Havana Docks Corporation v MSC Cruise, SA, et al, dated, # 23 Exhibit Transcript of and Exhibits to the Deposition of Gianluca Suprani taken in Havana Docks Corporation v MSC Cruises, SA et al, dated April 20, 2021., # 24 Exhibit March 4, 2019 03-04-19 Email re Seven Seas Voyager upcoming call to Havana on 06th March 2019; 48 hrs. NOA (certified translation and original) (NCLH_23591-00049220-49222, # 25 Exhibit January 17, 2019 Email re US considering allowing lawsuits over Cuba-confiscated properties (NCLH_23591-00111731-111739), # 26 Exhibit January 6, 2019 Email re Suspension Under Title III, # 27 Exhibit Transcript of and Exhibits to the Deposition of Hugo Cancio in his capacity as Norwegian Cruise Line Holdings Rule 30(b)(6) designee, taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings, dated November 12, 2020 CONFIDENTIAL, # 28 Exhibit Transcript of and Exhibits to the Deposition of Mario Parodi in his capacity as Norwegian Cruise Line Holdings Rule 30(b)(6) designee, taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings, dated November 5, 2020 CONFIDENTIAL V1, # 29 Exhibit Transcript of and Exhibits to the Deposition of Mario Parodi in his capacity as Norwegian Cruise Line Holdings Rule 30(b)(6) designee, taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings, dated November 5, 2020 CONFIDENTIAL V2, # 30 Exhibit August 21, 2018 Email re Berth Request for Riviera (NCLH_23591-00005908-11), # 31 Exhibit Transcript of and Exhibits to the Deposition of Nicolai Skogland in his capacity as Vikings Rule 30(b)(6) designee taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings, dated February 2, 2021, # 32 Exhibit Royal Caribbean Cruises Ltd Form 8-K, dated June 7, 2019, # 33 Exhibit Royal Caribbean Cruises Ltd Form 10-K for the fiscal year ended December 31, 2019, # 34 Exhibit June 1, 2021 Declaration of Yamilet Hurtado, # 35 Exhibit February 11, 2019 Margol Notice letter to Royal Caribbean Cruise Lines (RCL-Havana0000062-68), # 36 Exhibit June 4, 2019 Cautionary Letter to Royal Caribbean Cruises Ltd from Department of Treasury (RCL-Havana0000071-75), # 37 Exhibit Empress of the Seas Table of Contents and documents (RCL-Havana0000076-255), # 38 Exhibit Azamara Quest Table of Contents and documents (RCL-Havana0000265-411), # 39 Exhibit October 26, 2018 Letter to OFAC from Wilmer Hale re Administrative Subpoena (RCL-Havana0000772-802), # 40 Exhibit Payments to Aries, SA (RCL-Havana0001026-1032 CONFIDENTIAL), # 41 Exhibit January 31, 2018 Service Contract between Havanatur and Royal Caribbean Cruises (certified translation and original) RCL-Havana0011629-11670 CONFIDENTIAL), # 42 Exhibit January 12, 2015 Email re SCM Draft (RCL-Havana0011860-11892 CONFIDENTIAL), # 43 Exhibit Document titled Annex 4- Excursion Catalog, annex to Service Contract between Havanatur and Royal Caribbean Cruises (certified translation and original) (RCL-Havana0030487-30517 CONFIDENTIAL), # 44 Exhibit September 7, 2017 Email re Meeting in Havana (RCL-Havana0034267-34268 CONFIDENTIAL), # 45 Exhibit November 25, 2016 Email re Cuba Update (RCL-Havana0041038-0041040 CONFIDENTIAL), # 46 Exhibit November 3, 2017 Email re Empress Habana Sur May 208 Mar 2019 (in Spanish) (RCL-Havana0044939 CONFIDENTIAL)) (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/20/2021 128 

Notice of Filing Exhibits 181-209 Cited in Plaintiff's Statement of Material Facts in Support of Individual Motion for Summary Judgment Against Royal Caribbean Cruises LTD. by Havana Docks Corporation. (Attachments: # 1 Exhibit November 3, 2017 Email re Empress. Urgente, pleaseee (in Spanish) (RCL-Havana0044942 CONFIDENTIAL), # 2 Exhibit February 3, 2017 Email re Another reason to believe Cuba high-prices, and a strong demand, is in for at least the next decade; unless there is a twit (RCL-Havana0048443-48444 CONFIDENTIAL), # 3 Exhibit April 17, 2019 Email re Title III Update (RCL-Havana0058131-58133 CONFIDENTIAL), # 4 Exhibit February 8, 2019 Draft Memo to Jason Liberty re Cuba Update RCL-(Havana0058212-58221 CONFIDENTIAL), # 5 Exhibit February 8, 2019 Draft Memo to Jason Liberty re Cuba Update (RCL-Havana0058787-58796 CONFIDENTIAL), # 6 Exhibit January 3, 2015 Email re Name the 11 Cuban ports (RCL-Havana0065349-65354 CONFIDENTIAL), # 7 Exhibit Update on Potential Cruise Opportunities with Cuba (RCL-Havana0066790-66792 CONFIDENTIAL), # 8 Exhibit January 5, 2015 Email re Cuba Update CSA edit 1-5-15.doc (RCL-Havana0066771-66774 CONFIDENTIAL), # 9 Exhibit July 16, 2018 Email re Google Alert cuba cruises (RCL-Havana0108271 CONFIDENTIAL), # 10 Exhibit June 25, 2018 Email re Google Alert cuba cruises (RCL-Havana0108872 CONFIDENTIAL), # 11 Exhibit July 7, 2015 Email re Carnival to Cuba (RCL-Havana0145495-145497 CONFIDENTIAL), # 12 Exhibit Azamara Guest Ticket Booklet (RCL-Havana0146809-146824 CONFIDENTIAL), # 13 Exhibit November 9, 2018 Email re Cuba: Trump administration tightens sanctions, may allow US lawsuits (RCL-Havana0153675-153677 CONFIDENTIAL), # 14 Exhibit February 3, 2019 Email re Havana Berth Schedule (RCL-Havana0157545157546 CONFIDENTIAL), # 15 Exhibit June 1, 2018 Email re Empress calls June (RCL-Havana0170124-170129 CONFIDENTIAL), # 16 Exhibit May 16, 2016 Email re Cuba Update (RCL-Havana0189306-189308 CONFIDENTIAL), # 17 Exhibit Service Contract No. 8/2017 between Aries S.A. and Royal Caribbean Cruises Ltd (certified translation and original) (RCL-Havana0219032-219058 CONFIDENTIAL), # 18 Exhibit November 2, 2017 Email re meeting in Aries (certified translation and original) (RCL-Havana0223077-22307 CONFIDENTIAL), # 19 Exhibit November 2, 2017 Email re meeting in Aries (certified translation and original) (RCL-Havana0223080-23081 CONFIDENTIAL), # 20 Exhibit Agency Agreement No. 13/16 between Empresa Consignataria Mambisa and Royal Caribbean Cruises Ltd (certified translation and original) (RCL-Havana0224083-224099 CONFIDENTIAL), # 21 Exhibit December 7, 2016 Service Agreement (Cruise Ships) between Havanatur and Royal Caribbean Cruises (certified translation and original) (RCL-Havana0229550-229576 CONFIDENTIAL), # 22 Exhibit August 4, 2021 Declaration of Bradley M. Rose, # 23 Exhibit August 30, 2021 Declaration of Bradley M. Rose in Response to Subpoena and Production of Documents, # 24 Exhibit Web article: CLIA Appoints Goldstein as Global Chair, # 25 Exhibit Web article: Thinking Big, # 26 Exhibit Web article: SeaTrade Caribbean stronger, Europe weaker than forecast, # 27 Exhibit Carnival Corporations Response to Plaintiffs Second Request for Admissions, dated September 7, 2021, # 28 Exhibit PLF Deposition Exhibit 86 (Havana Docks Corporation v MSC) May 13, 2015 Email re MSC Opera Report on the Havana Harbor (certified translation with original) (MSCCUSA0000077416-77421 CONFIDENTIAL), # 29 Exhibit Spreadsheet: MSC Cruises Cover Itinerary released on Thu, May 12, 2016, 12:53 (MSC0000049805 CONFIDENTIAL)) (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/20/2021)

09/19/2021 126 

Notice of Filing Exhibits Cited in Plaintiff's Statement of Material Facts in Support of Omnibus Motion for Summary Judgment Against Defendants by Havana Docks Corporation. (Attachments: # 1 Exhibit Transcript of and Exhibits to the Deposition of Jerry Johnson in his capacity as Plaintiffs Rule 30(b)(6) designee in Havana Docks Corporation v. Carnival Corporation, dated November 24, 2020, # 2 Exhibit Transcript of and Exhibits to the Deposition of Jerry Johnson in his capacity as Plaintiffs Rule 30(b)(6) designee in Havana Docks Corporation v. MSC, dated December 15, 2020, # 3 Exhibit January 15, 2021 Declaration of Jerry Johnson in Havana Docks Corporation v Norwegian Cruise Line Holdings, # 4 Exhibit Transcript of and Exhibits to the Deposition of Michael Micky Meir Arison in Havana Docks Corporation v Carnival Corporation, dated May 4, 2021, # 5 Exhibit July 9, 2018 Document titled Evaluation of the possibilities of Nipe Bay for developing a Cruise Port for Modern Cruise Ships (HavanaDocks 396222-227 CONFIDENTIAL), # 6 Exhibit April 17, 2019 Email re Cuba announcement with new restrictions and sanctions (HavanaDocks 475791 CONFIDENTIAL), # 7 Exhibit April 17, 2019 Email re Cuba (HavanaDocks 388212 CONFIDENTIAL), # 8 Exhibit February 22, 2019 Letter to the Honorable Michael R. Pompeo (NCLH_23591 00111666-667), # 9 Exhibit March 19, 1911 Decree No. 184 (certified translation and original), # 10 Exhibit Form 666 submitted to Foreign Claims Settlement Commission (FCSC 00272-275) (HDC 001861-1864), # 11 Exhibit November 1 to November 13, 1060 Havana Docks Corporation Summary of Operations (HDC 002455), # 12 Exhibit June 29, 1921 Lease between Port of Havana Docks Company and United Fruit Company (HDC 004343-4357 CONFIDENTIAL), # 13 Exhibit July 1, 1921 Four Party Agreement between Havana Docks Company, Porto f Havana Docks Company, United Fruit Company and Old Colony Trust Company (HDC 004358- 4361 CONFIDENTIAL), # 14 Exhibit July 1, 1921 Old Colony Trust Company Principal Indenture (HDC 004362-4377 CONFIDENTIAL), # 15 Exhibit February 16, 1922 Havana Docks Corporation Directors Meeting Minutes (HDC 004398-4402 CONFIDENTIAL), # 16 Exhibit November 22, 1960 Havana Docks Corporation Directors Meeting Minutes (HDC 005303-5306), # 17 Exhibit July 1, 1921 Old Colony Trust Indenture (HDC 008953-8981 CONFIDENTIAL), # 18 Exhibit June 1, 1946 The National City Bank of New York Indenture (HDC 008982-9050 CONFIDENTIAL), # 19 Exhibit February 20, 1922 Turner Construction Contract (HDC 009186-9208 CONFIDENTIAL), # 20 Exhibit 1960 Budget (HDC 009210-9211 CONFIDENTIAL), # 21 Exhibit May 14, 1918 The Port of Havana Docks Company Meeting Minutes (HDC 010032-10041 CONFIDENTIAL), # 22 Exhibit November 11, 1910 Decree No. 1022 (HDC 011123-11135), # 23 Exhibit August 14, 1925 Old Colony Supplement Indenture (HDC 012563-12570), # 24 Exhibit March 9, 1928 Port of Havana Docks Special Directors Meeting Minutes (HDC 012636 CONFIDENTIAL), # 25 Exhibit Terms of Farmers Loan & Trust Company Indenture (HDC 01266612667 CONFIDENTIAL), # 26 Exhibit 2010 Havana Docks Corporation Annual Report (HDC 013175-13177 CONFIDENTIAL), # 27 Exhibit August 14, 1917 Articles of Incorporation of Havana Docks Corporation with certificate from Delaware Secretary of State (HDC 018013-018026), # 28 Exhibit 2019 Corporate Income Tax Return of Havana Docks Corporation (HDC 018874-18893), # 29 Exhibit 2021 Certificate of Good Standing from Delaware Secretary of State (HDC 021747-21749), # 30 Exhibit September 13, 1918 Havana Docks Directors Meeting Minutes (HDC 022587-022596), # 31 Exhibit May 14, 1919 Havana Docks Directors Meeting Minutes (HDC 022597-022627 CONFIDENTIAL), # 32 Exhibit August 10, 2021 Declaration of Duncan Hall (Custodian of Records for the Internet Archives Wayback Machine) (HDC 022628-22647), # 33 Exhibit August 24, 2021 Havana Docks Directors Meeting Minutes (HDC 023107-23108), # 34 Exhibit August 24, 2021 Havana Docks Stockholder Meeting Minutes (HDC 023109-23110), # 35 Exhibit Composite Exhibit: Analyses of Pier Operations and Auxiliary Operations Revenue, # 36 Exhibit Composite Exhibit: Havana Docks Pre-Confiscation Financial Reports, # 37 Exhibit Composite Exhibit: Havana Docks Post-Certified Claim Financial Reports, # 38 Exhibit Composite Exhibit: Havana Docks Corporation Tax Returns, # 39 Exhibit Map of Proposed Piers (MSC0000000172), # 40 Exhibit August 4, 2021 Declaration of Bradley M. Rose, # 41 Exhibit August 30, 2021 Declaration of Bradley M. Rose in Response to Subpoena and Production of Documents, with exhibits, # 42 Exhibit July 16, 1996 William J. Clinton, Statement of Action on Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995, # 43 Exhibit June 20, 2018 Hearing of the Subcommittee of National Security of the House of Representatives Committee on Oversight and Government Reform, Holding Cuban Leaders Accountable, Report No. 115-87, # 44 Exhibit November 1, 2018 Miami Herald Article re National Security Advisor Ambassador John R. Bolton delivered Remarks on the Trump Administrations Policies in Latin America at Miami-Dade College, # 45 Exhibit January 16, 2019 State Department Announcement re: Suspension of Title III right-of-action for 45 days, # 46 Exhibit February 5, 2019 Email re Confidential and Legally Privileged Title III Suspension Language (NCLH_23591-00577934-577936 CONFIDENTIAL), # 47 Exhibit February 11, 2019 Letter to Carnival Corporation (Arison) from Rodney S. Margol, Esq. (HDC 018654-18655), # 48 Exhibit February 11, 2019 Letter to Carnival Corporation (Perez) from Rodney S. Margol, Esq. (HDC 018650-18651), # 49 Exhibit February 11, 2019 Letter to MSC from Rodney S. Margol, Esq. (HDC 018658-18659), # 50 Exhibit February 11, 2019 Letter to Frank Del Rio, Norwegian Cruise Lines Holdings, Ltd. from Rodney S. Margol, Esq. (HDC 01554-1555), # 51 Exhibit February 11, 2019 Letter to Royal Caribbean International from Rodney S. Margol, Esq. (HDC 01550-1551), # 52 Exhibit February 11, 2019 Letter to Royal Caribbean Cruise Lines from Rodney S. Margol, Esq., # 53 Exhibit March 4, 2019 State Department Announcement re: Suspension of Title III right-of-action for an additional 30 days, # 54 Exhibit April 3, 2019 State Department Announcement re: Secretary Pompeo extends the Title III right-of-action suspension until May 1, 2019, # 55 Exhibit Embassy of Switzerland Certification, dated June 12, 1968 (HDC 001718-1720), # 56 Exhibit April 1, 2015 Video of Frank Del Rio Wharton Business School Interview (HDC-NCL000945), # 57 Exhibit Transcript of April 1, 2015 Video of Frank Del Rio Wharton Business School Interview, # 58 Exhibit Havana Docks Corporations Second Amended and Supplemental Answers and Objections to Carnival Corporations Third Set of Interrogatories, dated August 20, 2021, # 59 Exhibit Update on Potential Cruise Opportunities with Cuba (RCL-Havana0066790-66792 CONFIDENTIAL)) (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/19/2021)

09/17/2021 125 

MOTION for Leave to File CRUISE LINES INTERNATIONAL ASSOCIATION'S MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Cruise Lines International Association. (Attachments: # 1 Exhibit CLIA Amicus Brief, # 2 Text of Proposed Order)(Friedman, Darren) (Entered: 09/17/2021)

09/17/2021 124 

Notice of Filing Exhibits 101-135 Cited in Plaintiff's Statement of Material Facts in Support of Individual Motion for Summary Judgment Against Royal Caribbean Cruises LTD. by Havana Docks Corporation. (Attachments: # 1 PLF Deposition Exhibit 92 (Rand): December 18, 2014 Email re U.S. seeks to normalize relations with Cuba (RCL-Havana0066678-690 CONFIDENTIAL), # 2 PLF Deposition Exhibit 93 (Rand): March 11, 2018 Email re Very Urgent Feedback needed - Majesty Cuba 2019 (RCL-Havana0025181-184 CONFIDENTIAL), # 3 PLF Deposition Exhibit 94 (Rand): October 11, 2017 Email re Royal Presentation (RCL-Havana0150859-885 CONFIDENTIAL), # 4 PLF Deposition Exhibit 95 (Rand): Spreadsheet of Royal sailings to Cuba (RCL-Havana0001021 CONFIDENTIAL), # 5 PLF Deposition Exhibit 96 (Rand): July 25, 2018 Email re NE redeployment comparison, with attachment (RCL-Havana0150150 CONFIDENTIAL), # 6 PLF Deposition Exhibit 97 (Rand): June 2, 2017 Email re Royal deployment strategy 6-2-17 PPT (RCL-Havana0152299-321 CONFIDENTIAL), # 7 PLF Deposition Exhibit 98 (Rand): June 22, 2018 Email re Cuba (RCL-Havana0150223-225 CONFIDENTIAL), # 8 PLF Deposition Exhibit 92 (Goldstein): October 2, 2003 Email re U.S.- Cuba Travel conference (RCL-Havana 0055406 CONFIDENTIAL), # 9 PLF Deposition Exhibit 93 (Goldstein): January 22, 2007 Email re Comments besides Cuba (RCL-Havana 0055089-092 CONFIDENTIAL), # 10 PLF Deposition Exhibit 94 (Goldstein): Photograph of Havana Port Terminal (HDC001981), # 11 PLF Deposition Exhibit 95 (Goldstein): February 9, 2007 Email re House Legislation to allow travel between the United States and Cuba (RCL-Havana 0055085-086 CONFIDENTIAL), # 12 PLF Deposition Exhibit 96 (Goldstein): December 19, 2014 Email re Competitive deployment in Cuba (RCL-Havana066438-473 CONFIDENTIAL, # 13 PLF Deposition Exhibit 97 (Goldstein): January 3, 2015 Email re Cuba Potential Ports of call (RCL-Havana065349-354 CONFIDENTIAL), # 14 PLF Deposition Exhibit 98 (Goldstein): January 9, 2015 Email re Pullmanturs former expert on Cuba (RCL-Havana0053870 CONFIDENTIAL), # 15 PLF Deposition Exhibit 99: January 8, 2015 Email re Cuba Preliminary Deployment Strategy (RCL-Havana0011795-834 CONFIDENTIAL), # 16 PLF Deposition Exhibit 100: February 13, 2016 Email re Cuba Berthing Memo 2-12-2016 (RCL-Havana0066186-188 CONFIDENTIAL), # 17 PLF Deposition Exhibit 101: December 7, 2016 Email re RCL News release (RCL-Havana0041388-90 CONFIDENTIAL), # 18 PLF Deposition Exhibit 102: December 7, 2016 Email re Cuba Q&A (RCL-Havana0040885-87 CONFIDENTIAL), # 19 PLF Deposition Exhibit 103: December 9, 2016 Letter to Aries S.A. re Request to open office in Cuba (RCL-Havana0001009-1011), # 20 PLF Deposition Exhibit 104: December 20, 2016 Email re Cuba Letter (RCL-Havana0041636-37 CONFIDENTIAL), # 21 PLF Deposition Exhibit 105: March 23, 2017 Email re Painful (RCL-Havana0047683 CONFIDENTIAL), # 22 PLF Deposition Exhibit 106: April 24, 2017 Email re Gracias / Summary of first Cuba call (RCL-Havana037622-624 CONFIDENTIAL), # 23 PLF Deposition Exhibit 107: July 7, 2017 Four Letters re Cuba Policy (RCL-Havana186075-111 CONFIDENTIAL), # 24 PLF Deposition Exhibit 108 July 7, 2017 Email re Update-Cuba Letter (RCL-Havana187043-046 CONFIDENTIAL), # 25 PLF Deposition Exhibit 109: July 12, 2017 Email re Empress Azamara Majesty 2018 Mar 2019 (RCL-Havana0035991-995 CONFIDENTIAL), # 26 PLF Deposition Exhibit 110: March 1, 2018 Email re Very Urgent Feedback needed Majesty Cuba 2019 (RCL-Havana0030065-68 CONFIDENTIAL), # 27 PLF Deposition Exhibit 111: May 22, 2018 Email re Global Ports, Cuba, Sierra Maestra Terminal management contract (RCL-Havana22970 CONFIDENTIAL), # 28 PLF Deposition Exhibit 112: May 23, 2018 Email re Havana port announcement (RCL-Havana0023309-10 CONFIDENTIAL), # 29 PLF Deposition Exhibit 113: June 27, 2018 Email re Cuba Revenue Averages & Deposit Requirements (RCL-Havana186449-452 CONFIDENTIAL), # 30 PLF Deposition Exhibit 114: October 19, 2018 Email re Pier issue in Santiago de Cuba (RCL-Havana0027346-47 CONFIDENTIAL), # 31 PLF Deposition Exhibit 115: January 11, 2019 Email re Updates (RCL-Havana013870-72 CONFIDENTIAL), # 32 PLF Deposition Exhibit 116: January 17, 2019 Email re Cuba Updates (RCL-Havana13676 CONFIDENTIAL), # 33 PLF Deposition Exhibit 117: February 19, 2019 Email re Summary of Cuba Efforts in DC (RCL-Havana143621-624 CONFIDENTIAL), # 34 PLF Deposition Exhibit 118: March 2, 2019 Email re Cuba standby language (RCL-Havana0043897 CONFIDENTIAL), # 35 PLF Deposition Exhibit 119: 02-22-19 February 22, 2019 Letter to the Honorable Michael R. Pompeo re Title III of the Helms-Burton Act (NCLH_23591-00111666-667)) (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/17/2021)

09/17/2021 123 

Notice of Filing Exhibits 51-100 Cited in Plaintiff's Statement of Material Facts in Support of Individual Motion for Summary Judgment Against Royal Caribbean Cruises LTD by Havana Docks Corporation. (Attachments: # 1 PLF Deposition Exhibit 42, # 2 PLF Deposition Exhibit 43, # 3 PLF Deposition Exhibit 44, # 4 PLF Deposition Exhibit 45, # 5 PLF Deposition Exhibit 46, # 6 PLF Deposition Exhibit 47, # 7 PLF Deposition Exhibit 48, # 8 PLF Deposition Exhibit 49, # 9 PLF Deposition Exhibit 50, # 10 PLF Deposition Exhibit 51, # 11 PLF Deposition Exhibit 52, # 12 PLF Deposition Exhibit 53, # 13 PLF Deposition Exhibit 54, # 14 PLF Deposition Exhibit 55, # 15 PLF Deposition Exhibit 56, # 16 PLF Deposition Exhibit 57, # 17 PLF Deposition Exhibit 58, # 18 PLF Deposition Exhibit 59, # 19 PLF Deposition Exhibit 60, # 20 PLF Deposition Exhibit 61, # 21 PLF Deposition Exhibit 62, # 22 PLF Deposition Exhibit 63, # 23 PLF Deposition Exhibit 64, # 24 PLF Deposition Exhibit 65, # 25 PLF Deposition Exhibit 66, # 26 PLF Deposition Exhibit 67, # 27 PLF Deposition Exhibit 68, # 28 PLF Deposition Exhibit 69, # 29 PLF Deposition Exhibit 70, # 30 PLF Deposition Exhibit 71, # 31 PLF Deposition Exhibit 72, # 32 PLF Deposition Exhibit 73, # 33 PLF Deposition Exhibit 74, # 34 PLF Deposition Exhibit 75, # 35 PLF Deposition Exhibit 76, # 36 PLF Deposition Exhibit 77, # 37 PLF Deposition Exhibit 78, # 38 PLF Deposition Exhibit 79, # 39 PLF Deposition Exhibit 80, # 40 PLF Deposition Exhibit 81, # 41 PLF Deposition Exhibit 82, # 42 PLF Deposition Exhibit 83, # 43 PLF Deposition Exhibit 84, # 44 PLF Deposition Exhibit 85, # 45 PLF Deposition Exhibit 86, # 46 PLF Deposition Exhibit 87, # 47 PLF Deposition Exhibit 88, # 48 PLF Deposition Exhibit 89, # 49 PLF Deposition Exhibit 90, # 50 PLF Deposition Exhibit 91) (Casey, Stephanie) Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/17/2021)

09/17/2021 122 

NOTICE of Filing Exhibits 1-50 Cited In Plaintiff's Statement of Material Facts In Support of Individual Motion for Summary Judgment Against Royal Caribbean Cruises Ltd by Havana Docks Corporation. (Attachments: # 1 Deposition Christopher Allen, # 2 Deposition Bradley Stein, # 3 Deposition Yesenia Ortiz, # 4 Deposition Maria "Megan" Shaw, # 5 Deposition Eleni Kalisch, # 6 Deposition Jorge Delgado, # 7 Deposition Tyler Rand, # 8 Deposition Adam Goldstein, # 9 Exhibit PLF Deposition Exhibit 1: Plaintiffs Notice of Rule 30(b)(6) Deposition, # 10 Exhibit PLF Deposition Exhibit 1A: Plaintiffs Supplement to the Notice of Rule 30(b)(6) Deposition, # 11 Exhibit PLF Deposition Exhibit 2: Document prepared by Royal to assist in the Rule 30(b)(6) deposition, # 12 Exhibit PLF Deposition Exhibit 3: February 11, 2019 Letter to Royal Caribbean International from Rodney S. Margol, Esq. (HDC001550-51), # 13 Exhibit PLF Deposition Exhibit 4: February 11, 2019 Letter to Royal Caribbean Cruise Lines from Rodney S. Margol, Esq., # 14 Exhibit PLF Deposition Exhibit 5: July 17, 2015 OFAC license application (RCL Havana0000417-634 CONFIDENTIAL), # 15 Exhibit PLF Deposition Exhibit 6: August 1, 2015 Export license application (RCL Havana0000635-768 CONFIDENTIAL), # 16 Exhibit PLF Deposition Exhibit 7: September 23, 2015 Export License RWA Notice (RCL Havana0000803-804), # 17 Exhibit PLF Deposition Exhibit 8: October 7, 2015 Letter from Department of the Treasury re Vessel Carrier Services Application (RCL Havana0000769), # 18 Exhibit PLF Deposition Exhibit 9: January 19, 2017 OFAC License Application (RCL Havana0000412-416), # 19 Exhibit PLF Deposition Exhibit 10: Administrative Subpoena directed to Royal Caribbean Cruises Ltd., dated July 3, 2018 (RCL Havana0000259-264), # 20 Exhibit PLF Deposition Exhibit 11: July 6, 2018 Letter to OFAC re License for Non-US Travel to Cuba (RCL Havana0000256-258), # 21 Exhibit PLF Deposition Exhibit 12: License No. CU-2018-354788-1, dated August 1, 2018 (RCL Havana0000770-771), # 22 Exhibit PLF Deposition Exhibit 13: October 26, 2018 Letter response to Administrative Subpoena (RCL Havana0000772-802), # 23 Exhibit PLF Deposition Exhibit 14: June 4, 2019 Letter from Department of the Treasury re Cautionary letter to Royal Caribbean Cruises Ltd. (RCL Havana0000071-75), # 24 Exhibit PLF Deposition Exhibit 15: Photograph of Havana Port Terminal, # 25 Exhibit PLF Deposition Exhibit 16: Photograph of Pullmantur cruise ship at Havana Port Terminal, # 26 Exhibit PLF Deposition Exhibit 17: Photograph of Pullmantur cruise ship at Havana Port Terminal, # 27 Exhibit PLF Deposition Exhibit 18: Havana Docks Corporation Brochure (HDC001855-58), # 28 Exhibit PLF Deposition Exhibit 19: Photographs of Havana Port Terminal (HDC001981), # 29 Exhibit PLF Deposition Exhibit 20: Photograph of cigar shop at Havana Port Terminal (RCL Havana0011484), # 30 Exhibit PLF Deposition Exhibit 21: Photograph of RCL ship at the Havana Port Terminal (RCL Havana0011373), # 31 Exhibit PLF Deposition Exhibit 22: Photograph inside the Havana Port Terminal (RCL Havana0011476), # 32 Exhibit PLF Deposition Exhibit 23: Photographs of Royal cruise ships at the Havana Port Terminal, # 33 Exhibit PLF Deposition Exhibit 24: Re-Notice of Rule 30(b)(6) Deposition, # 34 Exhibit PLF Deposition Exhibit 25: Revenue Spreadsheet (RCL-Havana0218137 CONFIDENTIAL), # 35 Exhibit PLF Deposition Exhibit 26: March 7, 2017 Email re Mambisa (RCL-Havana0126192 CONFIDENTIAL), # 36 Exhibit PLF Deposition Exhibit 27: June 5, 2019 Email re Cuba Financial Impact Scenarios for 2019 (RCL-Havana0050059-63 CONFIDENTIAL), # 37 Exhibit PLF Deposition Exhibit 28: July 23, 2019 Email re Havantur overpayment (RCL-Havana0019456 CONFIDENTIAL), # 38 Exhibit PLF Deposition Exhibit 29: May 16, 2017 Email re operational manual (RCL-Havana0187227-262 CONFIDENTIAL), # 39 Exhibit PLF Deposition Exhibit 30: February 1, 2017 Email re Royal and Azamaras next visit to Cuba (RCL-Havana0126508-511 CONFIDENTIAL, # 40 Exhibit PLF Deposition Exhibit 31: March 23, 2017 Email re Cuba info (RCL-Havana0126002-005 CONFIDENTIAL, # 41 Exhibit PLF Deposition Exhibit 32: March 23, 2017 Email re: Cuba presentation (RCL-Havana0126038-044 CONFIDENTIAL), # 42 Exhibit PLF Deposition Exhibit 33: October 7, 2018 Email re Pre-Season Cuba Call with the Journey (RCL-Havana0229752-769 CONFIDENTIAL), # 43 Exhibit PLF Deposition Exhibit 34: October 23, 2018 Email re competitor cruise-NCL (RCL-Havana0098272-273 CONFIDENTIAL), # 44 Exhibit PLF Deposition Exhibit 35: November 22, 2018 Email re: OFAC Compliance Officer (RCL-Havana0027077-080 CONFIDENTIAL), # 45 Exhibit PLF Deposition Exhibit 36: Cuba Shore Excursions Operation Manual, dated December 31, 2017 (RCL-Havana0000003-23), # 46 Exhibit PLF Deposition Exhibit 37: December 19, 2018 Email re Santiago de Cuba Universal Bid Template, with attachment (RCL-Havana0099423 CONFIDENTIAL), # 47 Exhibit PLF Deposition Exhibit 38: October 8, 2018 Email re Cienfuegos tours Universal Bid Template, with attachment (RCL-Havana0098545 CONFIDENTIAL), # 48 Exhibit PLF Deposition Exhibit 39: October 12, 2018 Email re Silversea- Cuba Excursions Program (RCL-Havana0228541-546 CONFIDENTIAL), # 49 Exhibit PLF Deposition Exhibit 40: October 8, 2018 Email re: Azamara - Havana Universal Bid Template, with attachment (RCL-Havana0098589 CONFIDENTIAL), # 50 Exhibit PLF Deposition Exhibit 41: November 13, 2017 Email re Cuba Nov 8th update (RCL-Havana0115429-433 CONFIDENTIAL)) (Casey, Stephanie) Modified docket text on 9/20/2021 (nc). Modified by unsealing specific documents pursuant DE 262 Order on 4/5/2022 (kpe). (Entered: 09/17/2021)