U.S. Department Of State Provides "Democratic Transition Framework for Venezuela" Which Not Specifically Mentioning Cuba, Depends Greatly Upon Cuba

The United States Proposes a Framework for a Peaceful Democratic Transition in Venezuela
31 March 2020

Michael R. Pompeo, Secretary of State

On March 31, the United States proposed a pathway to resolving Venezuela’s crisis by means of a peaceful, democratic transition. This framework calls for the establishment of broadly acceptable transitional government to administer free and fair presidential elections and a pathway to lifting Venezuela-related U.S. sanctions. It builds on the proposals put forward by the interim Government of Venezuela headed by Juan Guaido.

U.S. and international pressure are important parts of the strategy. Our sanctions will remain in effect, and increase, until the Maduro regime accepts a genuine political transition.

The United States has long been committed to finding a solution to the man-made crisis in Venezuela. The urgency for this has become all the more serious in light of the Maduro regime’s failure to adequately prepare for and address the global COVID-19 pandemic. This framework demonstrates our commitment to helping Venezuela fully recover and ensures that the voice of the Venezuelan people is respected and included. We call on all Venezuelans, whether military or civilian, young or old, of all ideological tendencies and party affiliations, to consider this framework carefully and seriously.

We believe this framework protects the interests and equities of all Venezuelan people who desperately seek a resolution to their dire political, economic, and humanitarian crisis, and who know Venezuelans can have something better. This framework can provide a path that ends the suffering and opens the path to a brighter future for Venezuela.

Democratic Transition Framework for Venezuela
Fact Sheet

Office of the Spokesperson
United States Department of State
March 31, 2020

1. Full return of all members of the National Assembly (AN); Supreme Court (TSJ) lifts order of contempt and restores all powers to the AN, including immunities for deputies; National Constituent Assembly (ANC) is dissolved. The U.S. lifts sanctions imposed on ANC members due to their membership in the ANC.

2. All political prisoners are released immediately.

3. All foreign security forces depart immediately unless authorized by 3/4 vote of the AN.

4. AN elects new National Electoral Council (CNE) and TSJ members who are acceptable to all parties or coalitions of parties representing 25% or more of AN membership. (This would give both the PSUV and the multi-party Guaidó coalition a veto over personnel for any of these posts.) Upon the selection of a new CNE and TSJ, the U.S. lifts sanctions imposed on former CNE and TSJ members due to their membership in those bodies.

5. AN approves “Council of State” Law, which creates a Council of State that becomes the executive branch. Each party or coalition of parties with 25% or more of AN membership selects two members of the Council of State, one of whom must be a state governor. The four members of the Council of State then select a fifth member, to be Secretary General, and who serves as Interim President until the elections and is not permitted to be a candidate for president in the elections. Council members may not be members of the AN or TSJ. Decisions of the Council of State will be reached by majority vote. One member of the National Armed Forces of Venezuela (FANB) will serve as Military Adviser to the Council of State.

6. All of the powers assigned to the President by the Constitution will be vested exclusively in the Council of State. The U.S. and the EU will lift sanctions on those who claimed Presidential authorities which were imposed due to their holding their previous positions once the Council of State is functioning and those individuals renounce any further claims to hold executive positions and acknowledge the Council of State as the exclusive executive power.

7. Once the Council of State is established and foreign security forces have departed (unless approved by 3/4 vote at the AN), U.S. sanctions on the Government of Venezuela, PDVSA, and the oil sector are suspended.

8. Council of State appoints new cabinet. The U.S. lifts sanctions on former cabinet members due to their holding their previous positions. The U.S. also lifts sanctions on members of the FANB that are based on their position in the institution.

9. The international community provides humanitarian, electoral, governance, development, security, and economic support, with special initial focus on medical care system, water and electricity supply. Existing social welfare programs, now to be supplemented with international support, must become equally accessible to all Venezuelan citizens. Negotiations begin with World Bank, IMF, and Inter-American Development Bank for major programs of support.

10. A Truth and Reconciliation Commission is established with the task of investigating serious acts of violence that occurred since 1999, and reports to the nation on the responsibilities of perpetrators and the rehabilitation of victims and their families. The Commission has five members, who are selected by the Secretary General of the United Nations with the consent of the Council of State. The AN adopts amnesty law consistent with Venezuela’s international obligations, covering politically motivated crimes since 1999 except for crimes against humanity. Argentina, Canada, Colombia, Chile, Paraguay, and Peru withdraw support for the International Criminal Court referral.

11. The Council of State sets a date for simultaneous Presidential and AN elections in 6-12 months. Any Venezuelan citizen eligible in accordance with the 1999 Constitution can compete in the election.

12. Presidential and AN elections are held. With a consensus of international observers that elections were free and fair, remaining U.S. sanctions are lifted.

13. Bi-partisan commission within the AN is developed to create long term solutions to rehabilitating the economy and refinancing the debt.

Guarantees

1. The military high command (Defense Minister, Vice Defense Minister, CEOFANB Commander, and Service Chiefs) remains in place for the duration of the transitional government.

2. State or local authorities remain in place for the duration of the transitional period.

Expedia's Response To Plaintiffs Using Libertad Act In Lawsuit: No Jurisdiction, No Standing, No Ownership

From The Defendants: 

“First, the Expedia Entities are not subject to personal jurisdiction in Florida. The only allegations in the operative complaint related to the Expedia Entities’ purported contacts with Florida are conclusory. Indeed, the only factual allegations that even attempt to connect the Expedia Entities to Florida are that (1) reservations at the Resorts are offered to Florida residents—like all other U.S. residents—through online booking providers like Expedia Group and (2) the Expedia Entities solicit and accept reservations from Florida residents—like all other U.S. residents. Those allegations cannot establish personal jurisdiction. Plaintiffs have therefore failed to meet their burden to plead a prima facie case for personal jurisdiction, and this case should be dismissed under Rule 12(b)(2). 

Second, even if the Expedia Entities were subject to personal jurisdiction in Florida, this Court lacks subject matter jurisdiction over this case because Plaintiffs lack standing to sue under Article III of the Constitution. Plaintiffs lack constitutional standing because they fail to clearly allege facts showing that they have suffered an injury-in-fact, much less one that is causally connected to the Expedia Entities’ offering reservations at the Resorts. As a result, this case must be dismissed under Rule 12(b)(1). 

Third, even absent these twin jurisdictional defects, Plaintiffs’ complaint should be dismissed under Rule 12(b)(6) because it fails to state a claim upon which relief can be granted. Plaintiffs’ complaint fails in the same two independent respects as the complaint in Gonzalez v. Amazon.com, Inc., No. 1:19-cv-23988-RNS, 2020 WL 1169125 (S.D. Fla. Mar. 11, 2020): Plaintiffs have not sufficiently alleged that they own an actionable ownership interest in the Properties, or that the Expedia Entities knowingly and intentionally engaged in activity related to confiscated property when they offered reservations at the Resorts, see id. at *2. But that is not all. Plaintiffs’ claims are also barred by two of the Act’s definitional exemptions: the lawful-travel clause in the Act’s definition of traffics, and the residential-use provision in the Act’s definition of property.” 

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. TRIVAGO GMBH, A GERMAN LIMITED LIABILITY COMPANY, BOOKING.COM 8.V., A DUTCH LIMITED LIABILITY COMPANY, 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] 

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

LINK To: Defendants Expedia, Inc., Hotels.Com L.P., Hotels.Com Gp, Llc, And Orbitz, Llc’s Motion To Dismiss For Lack Of Personal Jurisdiction, Lack Of Subject Matter Jurisdiction, And Failure To State A Claim, And Incorporated Memorandum Of Law 

LINK To: Libertad Act Lawsuit Statistics

New Filings In American Airlines Libertad Act Lawsuit- Case Dismissal Request, Judge Recusal Request, Discovery Arguments

"Defendant American Airlines, Inc. (“American”), respectfully files this Notice of Supplemental Authority in support of its Motion to Dismiss, Dkt. 28. On March 11, Judge Robert Scola entered an Order dismissing a claim under the Helms-Burton Act. Gonzalez v. Amazon.com, Inc., No. 19-23988-Civ-Scola, 2020 WL 1169125 (S.D. Fla. Mar. 11, 2020). The Order resolves certain issues that are identical to those presented in American’s Motion to Dismiss. The Order is attached as Exhibit A."

JOSE RAMON LOPEZ REGUEIRO V. AMERICAN AIRLINES INC. AND LATAM AIRLINES GROUP, S.A. [1:19-cv-23965; Southern Florida District]

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

LINKS:

Defendant American Airlines Inc.’s Notice Of Supplemental Authority (16 March 2020)

Lopez Regueiro’s Motion To Compel American Airlines Inc.’s Responses To Discovery Requests (13 March 2020)

Motion For Leave To Amend Complaint (13 March 2020)

Defendant’s Unopposed Motion For Disqualification Of Magistrate Judge Under 28 U.S.C. § 455(b) (4 March 2020)

With New USAID Acting Director, 3 Men Of Cuban Descent Will Implement Their Visions Of US Policies For Cuba, Venezuela; A Furthering Ideological Concentration

With New USAID Acting Director, Three Male Officials Of Cuban Descent Will Implement Their Visions Of US Policies For Cuba, Venezuela; A Furthering Generational Change & Ideological Concentration 

The Trump Administration leadership change at the United States Agency for International Development (USAID) which has a 2019/2020 budget of US$39.3 billion will result in more robust advocacy for further expansion of constrictive policies towards the Republic of Cuba, Venezuela and Nicaragua among other countries- as the new Acting Administrator of USAID will create a USAID-NSC-State Department triangular power structure of three middle-aged white males of Cuban descent.   

This absence of diversity may result in decisions lacking complete perspective.  The concentration of commonality may result in decisions absent of fulsome debate. 

Expect an increasingly strident, antagonistic, zero-sum, and masculine theme particularly nearer to the 3 November 2020 presidential election in the United States- if the Maduro Administration in Venezuela remains in office. 

The three officials are expected to track closely with the objectives of a fourth individual of Cuban descent, The Honorable Marco Rubio (48 years old), a member of the United States Senate from Florida.  Senator Rubio is Chairman of the Committee on Foreign Relations Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women’s Issues.   

The Honorable John Barsa (52 years old), to be appointed Acting Administrator of USAID.  The legislative calendar for the United States Senate during the remaining days of 2020 is presumably a primary reason Mr. John Barsa was not nominated to be Administrator, although the Trump Administration has shown an affinity for installing acting personnel rather than submitting nominations for consideration by the United States Senate. 

The Honorable Carlos Trujillo (37 years old), nominated on 17 March 2020 to be Assistant Secretary of State, Bureau of Western Hemisphere Affairs (WHA).  Ambassador Trujillo is replacing The Honorable Michael Kozak (74 years old), since 2019 the Acting Assistant Secretary of State, Bureau of Western Hemisphere Affairs. 

The Honorable Mauricio Claver-Carone (45 years old), Senior Director- Western Hemisphere Affairs at the National Security Council (NSC) in The White House. 

The White House
Washington DC
17 March 2020

“President Donald J. Trump Announces Intent to Designate Individual to a Key Administration Post

Today, President Donald J. Trump announced his intent to designate the following individual to a key position in his Administration:

John Barsa, of Florida, to be the Acting Administrator of the United States Agency for International Development.  Mr. Barsa currently serves as the Assistant Administrator for the United States Agency for International Development’s Bureau for Latin America and the Caribbean, working to support democracy related programs in Venezuela, Nicaragua, and Cuba. 

Mr. Barsa previously served in the Department of Homeland Security in a variety of leadership roles and in the United States Army Reserves for nearly a decade, serving as a member of the 11th Special Forces Group and the 450th Civil Affairs Battalion.  Mr. Barsa also worked for United States Representative Lincoln Diaz-Balart of Florida and also served in external engagement roles within the National Aeronautics and Space Administration and the Department of Homeland Security.  He is a graduate of Florida International University.” 

Mr. Barsa’s biography from USAID: 

“John Barsa was sworn in on June 10, 2019, as the Assistant Administrator for USAID’s Bureau for Latin America and the Caribbean.  To this role, Barsa brings considerable experience from decades of service in the public and private sectors. 

Mr. Barsa comes to USAID from the Department of Homeland Security (DHS), where he led the DHS Office of Partnership and Engagement (OPE) as the Acting Assistant Secretary and later as the Principal Deputy Assistant Secretary.  In these roles he oversaw DHS’s coordination and collaboration with governors, mayors and other intergovernmental partners, the private sector, the law enforcement community, and other key stakeholders. His leadership was also critical in the successful efforts by OPE’s Blue Campaign in combatting the scourge of human trafficking.   

Mr. Barsa began his career at DHS in the Trump Administration as Special Assistant to Secretary John Kelly, a position he took after serving on President Trump’s DHS landing team during the Administration’s transition. During the historic 2017 hurricane season, he deployed to South Florida to assist with Hurricane Irma preparation and response.  Later, in the immediate aftermath of Hurricane Maria, he deployed to Puerto Rico where he designed and led one of the most complex and challenging intergovernmental affairs efforts in FEMA history. 

John Barsa’s civilian experience in the Executive Branch extends back to the Administration of President George W. Bush, when he was appointed to lead senior level coordination with the private sector and support legislative affairs efforts for the National Aeronautics and Space Administration (NASA).   Soon after the creation of the Department of Homeland Security, he was asked to create and lead the DHS Office of Public Liaison. In this role, he successfully coordinated all DHS outreach to key critical stakeholders under the leadership of Secretaries Tom Ridge and Michael Chertoff. 

Barsa first entered public service as a member of the U.S. Army Reserves, initially with the 11th Special Forces Group and later with the 450th Civil Affairs Battalion.  While still in the Reserves, he started working in the U.S. House of Representatives for Congressman Lincoln Diaz-Balart (R-FL).  In this capacity, much of his work focused on defense and other issues related to national security. Part of his portfolio included support for democracy and human rights in Cuba, Nicaragua, and throughout the Western Hemisphere.  He also played an active role in the passage of the Nicaraguan Adjustment Central American Relief Act (NACARA), which modified U.S. immigration laws. 

In the private sector, he has held key positions with a premier defense trade association, small businesses and large businesses including a leading Fortune 100 company. 

The son of a Cuban refugee, Mr. Barsa grew up in a fully bi-lingual and bi-cultural family in Miami, Florida.  He has a bachelors degree in International Affairs from Florida International University and is a graduate of Syracuse University’s National Security Management Fellows Program.” 

Mr. Barsa’s biography from The Republican National Hispanic Assembly Of Virginia: 

John Barsa is the founder and principal of Barsa Strategies, a firm providing a full spectrum of consulting and lobbying services within the homeland and national security environments.  Mr. Barsa has extensive political and legislative experience spanning the past fifteen years where he both served in, and worked along with, the U.S. Congress and Executive Branch on national and homeland security issues. 

Mr. Barsa served within the U.S. Department of Homeland Security (DHS) as its original Director of the Office of Public Liaison, managing DHS interaction with the public as well as private and public organizations.  As Director, Mr. Barsa worked with both Secretaries Tom Ridge and Michael Chertoff as DHS developed and grew during its formative years.  He was a senior-level participant in several national exercises such as Top Off and Pinnacle and he led a team in JFO New Orleans in the immediate aftermath of hurricane Katrina.  Mr. Barsa created the DHS Speakers Bureau, which matches senior DHS officials with strategic conferences and meetings, in order to promote the Department’s overall goals.  He has a national array of contacts in the homeland security environment and an intimate knowledge of the current DHS decision-making processes and organization.  Further, Mr. Barsa is sought by current and former government officials for his advice on the complex interactions between the public/private sector, state and local governments, the U.S. Congress and the Executive branch.  He is proud to serve as a Senior Fellow at the George Washington University Homeland Security Policy Institute. 

Prior to working at DHS, Mr. Barsa served at the National Aeronautics and Space Administration (NASA) for Administrator Sean O’Keefe, re-establishing a permanent, formal industry-liaison function.  When Mr. Barsa was recruited to NASA’s Legislative Affairs team, he was able to leverage his strong bi-partisan relationships in both the U.S. House of Representatives and Senate not only to help ensure the passage of crucial appropriations and authorizing legislation, but also to improve Congressional communications and institutional relationships in general.  

Mr. Barsa arrived at NASA from the Aerospace Industries Association (AIA) where he served as a senior lobbyist and Manager for International Relations.  AIA represents the nation's leading manufacturers and suppliers of civil, military, and business aerospace products.  As a lobbyist for AIA, Mr. Barsa’s skill in working with various member-companies to coordinate coherent and unified legislative strategies was crucial to AIA’s many successes within the U.S. Congress. 

In the U.S. House of Representatives, Mr. Barsa worked for an influential Member of Congress who served as Assistant Majority Whip, as well as on the powerful House Rules Committee and Homeland Security Committee.  Mr. Barsa’s strength in coalition-building and coordinating both legislative and political strategies were integral to many of the Congressman’s international and national security-related victories, including the successful campaign to re-locate the U.S. Southern Command to Miami, Florida.  Mr. Barsa’s ability to work across the aisle has earned him the respect and long-lasting friendship of many Congressional Republicans and Democrats alike. 

Mr. Barsa served his country for a decade as a Member of the U.S. Army Reserves.  He spent seven of those years with the 11th Special Forces Group where he was a communications specialist.  After his time with the Special Forces, Mr. Barsa served as a member of the 450th Civil Affairs Battalion, a Special Forces unit attached to the 82nd Airborne Division.  The ability to develop and execute successful relationship-building strategies has led to his achievements both within these elite units as well as the civilian world. 

 A native of Miami, Florida, Mr. Barsa received his B.A. in International Relations from Florida International University.  He is a native Spanish-speaker and a former Chairman of the Republican National Hispanic Assembly of Virginia.  In addition, Mr. Barsa is an active participant in numerous other political and social organizations within his adopted state of Virginia.  He resides in Alexandria with his wife and two young daughters.

US Department Of State Replacing A 74 Year-Old With A 37 Year-Old Which Will Benefit A 45 Year-Old At The National Security Council

A Baby Boomer Replaced With A Generation Y Which Will Be Of Value To A Generation X

The Trump Administration is making a change at the United States department of State that will result in a more robust advocacy for further expansion of constrictive policies towards the Republic of Cuba, Venezuela and Nicaragua among other countries- with policy managed by two politically-tuned and media-savvy men. 

The change not only represents a substantive change in level of experience, but a generational change which will benefit the advocacy of The Honorable Mauricio Claver-Carone (45 years old), Senior Director- Western Hemisphere Affairs at the National Security Council (NSC) in The White House, who will now have a colleague in Foggy Bottom who is nearer in age than The Honorable Michael G. Kozak (74 years old), Acting Assistant Secretary, Bureau of Western Hemisphere Affairs, United States Department of State.

Likely given the legislative calendar for the United States Senate for the remaining days of 2020, Ambassador Carlos Trujillo will be a recess appointment or serve in an acting capacity through the 3 November 2020 election.

The White House
Washington DC
17 March 2020

“President Donald J. Trump Announces Intent to Nominate and Appoint the Following Individuals to Key Administration Posts

Carlos Trujillo [37 years old], of Florida, to be an Assistant Secretary of State (Western Hemisphere Affairs) as well as a Member of the Board of Directors of the Inter-American Foundation.

Mr. Trujillo currently serves as the Permanent Representative of the United States of America to the Organization of American States, with the rank of Ambassador.  He was a Special Advisor to the United States Mission to the United Nations during the United Nations General Assembly in 2017.

Mr. Trujillo also served in the Florida House of Representatives as the Representative for the 105th District.  He is a founding partner of Trujillo, Vargas, Gonzalez & Hevia, LLP of Coral Gables, Florida, and a former Assistant State Attorney at the Miami Dade County State Attorney’s office in Miami.

Mr. Trujillo earned a B.S. degree from Spring Hill College in Mobile, Alabama, and a J.D. from Florida State College of Law in Tallahassee.”  

Ambassador Trujillo Is Replacing The Honorable Michael G. Kozak, Acting Assistant Secretary, Bureau of Western Hemisphere Affairs, United States Department of State 

From United States Department of State: “Ambassador Michael Kozak is a charter member of the career Senior Executive Service of the United States Government. As such, he has served in a number of senior positions in the U.S. Executive Branch: 

Acting Assistant Secretary for Western Hemisphere Affairs (13 September 2019-Present). Senior Bureau Official for Democracy, Human Rights and Labor (2017-2019).

Senior Adviser to the Assistant Secretary for Democracy, Human Rights and Labor (2009-2017). Negotiated a UN resolution to replace “Defamation of Religions” that respected freedom of expression. Served as Acting Special Envoy for Monitoring and Combatting Anti-Semitism. 

Senior Director on the National Security Council staff (2005-2009) with responsibility for Democracy, Human Rights, International Organizations, Migration and Detainee issues. In this capacity, he chaired interagency policy coordinating committees and proposed and coordinated the implementation of events for the President of the United States. He conceived and implemented a system for achieving interagency agreement on democracy promotion strategies and prioritizing resource allocation to implement them. He authored the first National Security Presidential Directive on Democracy and Human Rights since the Carter administration. 

Principal Deputy Assistant Secretary of State level positions in three bureaus of the Department of State. (Democracy, Human Rights and Labor 2003-2005; Inter-American Affairs 1988-1991; Legal Adviser 1982-88). 

Acting Assistant Secretary of State for extended periods. (Democracy, Human Rights and Labor 2004-5; Inter-American Affairs January 1989-July 1989.) As Acting Assistant Secretary for Democracy, Human Rights and Labor, he organized passage of a resolution on human rights in Cuba in the UN Commission on Human Rights by the largest margin in over a decade. As Acting Assistant Secretary for Inter-American Affairs, he assisted Secretary Baker in negotiating and implementing the Bipartisan Accord on Central America which was decisive in bringing a democratic end to the conflict in Nicaragua. 

Ambassador in Minsk, Belarus (2000-2003), and Chief of Mission in Havana, Cuba (1996-1999).

Awards: State Department Superior Honor Award, Younger Federal Lawyer Award, Presidential Ranks of Distinguished and Meritorious Executive, Order of Balboa (presented by the president of Panama). 

Education: Juris Doctor, University of California at Berkeley, 1971 (Assistant Managing Editor, Law Review), A.B., Political Science, University of California at Berkeley, 1968.”

Judge Dismisses, But Provides Plaintiff An Option In Libertad Act Lawsuit Against Amazon/Fogo Charcoal

DANIEL A. GONZALEZ VS. AMAZON.COM, INC., AND SUSSHI INTERNATIONAL, INC., D/B/A/ FOGO CHARCOAL [1:19-cv-23988; Southern Florida District]

Cueto Law Group, P.L. (plaintiff)
Wicker Smith O’Hara McCoy & Ford (defendant- Susshi International)
Morgan, Lewis & Bockius (defendant- Amazon)

Excerpts From The Judge:

“First, the Court agrees that Gonzalez did not sufficiently allege that he had an actionable ownership interest because he did not allege that a United States citizen owned the claim on March 12, 1996.” 

“Second, the Court agrees that Gonzalez did not sufficiently allege that the Defendants knowingly and intentionally trafficked in the property.” 

“Third, the Court does not agree that Susshi’s general license to sell charcoal requires the Court to dismiss the Complaint…. In his Complaint, Gonzalez need not refute every basis on which the Court could ultimately decide that the Defendants’ conduct was lawful. Instead, Susshi must establish that its conduct constituted lawful licensed activity and is thus exempt from liability under the Helms-Burton Act. Dismissal of the suit due to Susshi’s general license is inappropriate at this time.” 

“In sum, the Court grants the Defendants’ motions to dismiss (ECF Nos. 13, 14) without prejudice and with leave to amend. The Plaintiff may file an amended complaint by March 24, 2020, provided he complies with this order, Federal Rule of Civil Procedure 8(a), and the Iqbal/Twombly standard.” 

LINK To Order On Motions To Dismiss

LINK To Defendant Fogo's Reply To The Motion To Dismiss With Prejudice (10 January 2020)

LINK To Defendant Amazon.com, Inc.'s Reply In Support Of Motion To Dismiss Plaintiff's Complaint (10 January 2020)

Havana Docks Corporation Refutes Judge's Decision To Dismiss Lawsuit Against Norwegian Cruise Lines Holdings

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)

LINK: (6 March 2020) Plaintiff’s Reply In Support Of Motion For Reconsideration And Leave To Amend, And Request For Hearing

More Delays In Exxon Mobil Corporation Lawsuit Against Cuba's Cimex And Cupet

EXXON MOBIL CORPORATION V. CORPORACION CIMEX, S.A., AND UNION CUBA-PETROLEO [1:19-cv-01277; Washington DC]

Steptoe & Johnson (plaintiff)
Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C. (defendant)

Links To New Filings:

Filing Foreign Claims Settlement Commission (6 March 2020)
Second Amended Complaint (6 March 2020)
Summons In A Civil Action (9 March 2020)
Order (6 March 2020)
Plaintiff’s Consent Motion For Leave To Amend Complaint And For An Extension Of Time (6 March 2020)

January 2020 Ag/Food Exports To Cuba Decrease 43.8% Year-To-Year

ECONOMIC EYE ON CUBA©
March 2020

January 2020 Food/Ag Exports To Cuba Decrease 43.8%- 1
58th In January 2020 Of 207 U.S. Food/Ag Export Markets- 2
January 2020 Healthcare Product Exports US$228,765.00- 2
January 2020 Humanitarian Donations US$128,586.00- 3
Obama Administration Initiatives Exports Continue To Increase- 3
U.S. Port Export Data- 16

JANUARY 2020 FOOD/AG EXPORTS TO CUBA DECREASE 43.8%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in January 2020 were US$13,421,660.00 compared to US$23,884,686.00 in January 2019 and US$18,680,345.00 in January 2018.    

The data is for 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.

TSREEA exports from the United States to the Republic of Cuba since December 2001 (first shipments) are: US$6,146,294,356.00.

LINK To Report

Plaintiff Dismisses Libertad Act New York Lawsuit Case Against Spain's NH Hotel Group

On 26 February 2020, the day the response of the plaintiff was due to the defendant’s Motion to Dismiss, they invoked their right to voluntarily dismiss their lawsuit using the Title III provision of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”) in United States District Court Southern District of New York, against New York, New York-based NH Hotels USA, Inc., and Madrid, Spain-based NH Hotel Group (2019 revenues approximately US$1.9 billion).

NH Hotel Group is 94.13% owned by Bangkok, Thailand-based Minor International Public Company Limited (2018 revenues approximately US$2 billion).  LINK: https://www.minor.com/en 

NH Hotel Group manages through subsidiaries two properties in the Republic of Cuba: 220-room NH Capri La Habana and 31-room NH Collection Victoria La Habana and one property in the United States: 288-room NH Collection New York Madison Avenue.  In 2017, the United States Department of State reported that two rooms located on the 15th floor and 17th floor of the Capri Hotel were locations within which employees of the United States government reported as yet unidentified and unresolved health-related issues. 

“Plaintiff, JOHN S. SHEPARD FAMILY TRUST, through John S. Shepard and Lawrence Jaffe, as Co-Trustees, by and through undersigned counsel, hereby gives notice of the voluntary dismissal of this action without prejudice pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P.”

LINK To Notice Of Voluntary Dismissal Without Prejudice

JOHN S. SHEPARD FAMILY TRUST, THROUGH JOHN S. SHEPARD AND LAWRENCE JAFFE, AS CO-TRUSTEES, V. NH HOTELS USA, INC., NH HOTEL GROUP, S.A., AND JOLLY HOTELS U.S.A., INC. [1-19-cv-09026; Southern District New York].  Case dismissed by plaintiff without prejudice on 26 February 2020.

Aronovitz Law (plaintiff)
Kantrowitz, Goldhamer, & Graifman (plaintiff)
Bird & Bird (defendant)
Bracewell (defendant)

LINK To Libertad Act Lawsuit Filing Statistics 

Previous Posts: 

NH Hotels Of Spain Files Motion To Dismiss In Capri Hotel Libertad Act Lawsuit 

https://www.cubatrade.org/blog/2020/2/1/xhvdg9ihwnv9chly7841b40moauog9?rq=NH%20Hotels 

If NH Hotel Group Of Spain Is Sued Using Libertad Act, One Defendant Would Be Former U.S. Citizen Who Now Controls Company 

https://www.cubatrade.org/blog/2019/10/3/if-nh-hotel-group-is-sued-using-libertad-act-one-defendant-would-be-former-us-citizen-who-now-controls-company?rq=NH%20Hotels

Karadeniz Holding Of Turkey Update On "Karpowership" Operations In Cuba

NOTE: As of September 2021, the Republic of Cuba reported that Karpowership is providing approximately 3% of electricity to the country.

Istanbul, Turkey-based Karadeniz Holding AS has reported: “In October 2018, Karpowership signed a contract with Unión Eléctrica de Cuba (UNE), the state electricity company of Cuba, to deploy three Powerships of 110 MW in total for a period of 51 months. Karadeniz Powership Barış Bey and Karadeniz Powership Esra Sultan started operation in Port de Mariel in July 2019 and Karadeniz Powership Ela Sultan started operations in November 2019. In November 2019, the contract capacity was increased to 184 MW. Cuba is Karpowership’s first project in Western Hemisphere. Karpowership will supply 10% of Cuba’s total electricity needs.” 

From Karadeniz Holding: “As of 2019 Karpowership owns and operates world’s largest floating power plant fleet of 25 Powerships with an installed capacity exceeding 4,100 MW. We have a pipeline of 4,400 MW in the works at our shipyards. Karadeniz Holding, which manages the Powership fleet under its international brand Karpowership, produces electricity from Africa to Asia at 15 different locations today. Karpowership covers 10 to 100 percent of electricity production in countries such as Indonesia, Ghana, Mozambique, Gambia, Sierra Leone, Guinea, Guinea Bissau, Senegal and Lebanon.  Today, Karadeniz Holding, with operations in 19 countries, continues its investments with 2,600 employees.” 

Previous Posts: 

Karadeniz Of Turkey Delivering Floating Power Plant To Cuba For 51-Month Contract (23 April 2019)

https://www.cubatrade.org/blog/2019/4/23/8fh54pumnbz6wd4dd6harn6ioaei1f?rq=karadeniz 

Turkey's Karadeniz Holding Reports Electricity Contract With Cuba In October 2018; But, No Contract Signed Five Months Later (1 April 2019)

https://www.cubatrade.org/blog/2019/3/31/rbvjp97hn81sa5mgnqmg3m9t8yq75p?rq=karadeniz

Cuba Statements By Senator Sanders Will Complicate Vice President Biden, Democratic Party Efforts In Florida

On Tuesday, 17 March 2020, the state of Florida will hold its Presidential Preference Primary Election.  Early voting is 7 March 2020 to 14 March 2020. 

Comments about the Republic of Cuba by The Honorable Bernie Sanders (I-Vermont), a member of the United States Senate, will require his remaining opponent, The Honorable Joe Biden, Vice President of the United States (2009-2017) and member of the United States Senate (1973-2009) to more robustly defend decisions relating to the Republic of Cuba taken during the Obama Administration (2009-2017) and create distance from Senator Sanders, without perhaps necessarily condemning the comments by Senator Sanders.   

If Vice President Biden is the presidential nominee of the Democratic Party, he will need support of those who support Senator Sanders in Florida and other states- along with Senator Sanders himself. 

In 2016, then Mr. Donald Trump defeated Secretary Hillary Clinton in Florida by 112,911 votes out of 9,122,861.  As of 31 January 2020, active registered voters in Florida: Republican- 4,793,897; Democratic- 5,039,757; Minor- 149,740 and No Party Affiliation- 3,633,003. 

The Honorable Marco Rubio (R- Florida) and The Honorable Rick Scott (R- Florida), members of the United States Senate, along with perhaps all twenty-seven (27) members of the United States House of Representatives from the state of Florida- fourteen (14) Republicans and thirteen (13) Democrats, will pummel, condemn Senator Sanders or at minimum reinforce their already publicly stated disagreement with Senator Sanders.   

There has already been bipartisan condemnation from both United States Senators and from members of the United States House of Representatives, including from The Honorable Donna Shalala (D- 27th), a United States Secretary of Health and Human Services (1993-2001) during the Clinton Administration and The Honorable Debbie Wasserman Schultz (D- 23rd), chair of the Democratic National Committee (2001-2016) during the Obama Administration.  

Unknown is how (tonality, empathy) Senator Sanders will defend his comments while campaigning in Hialeah, Miami, and Tampa where the large populations of individuals of Cuban descent reside.  Thus far, he has not retreated from his comments.  Will he be argumentative?  Will he be dismissive?  History would suggest he will. 

There will be demonstrations wherever Senator Sanders campaigns in Florida- and those demonstrations will include registered democrats, registered republicans, and independents- with each group being an essential constituency for the presidential nominee of the Democratic Party when voting on Tuesday, 3 November 2020 with early voting from 24 October 2020 to 31 October 2020.  There will likely be demonstrators at events featuring Vice President Biden seeking to pressure him to be on-the-record condemning Senator Sanders. 

Vice President Biden will have enormous pressure to robustly condemn the comments by Senator Sanders particularly when visiting Miami and Tampa; and when interacting in town hall events and the customary visit to the Versailles Restaurant located in Miami to meet individuals of Cuban descent and share a café Cubano, tres leches cake, or ropa viejo. 

Along with determining how Vice President Biden will respond to the comments by Senator Sanders will be how he layers disagreements with the Trump Administration dismantling Obama Administration bilateral initiatives with the Republic of Cuba and what, if any of Trump Administration bilateral and multilateral decisions relating to Venezuela he supports.  Many of the Trump Administration decisions targeting Venezuela are by design impacting the Republic of Cuba. 

There are approximately 425,000 individuals of Venezuelan descent residing in the United States, with approximately 220,000 residing in Florida, with a majority of those residing in South Florida, and approximately 42,000 residing in the state of Texas.  

How Vice President Biden manages questions relating to the Republic of Cuba and Venezuela while campaigning in Florida during March 2020 will provide an important indicator for his prospects in November 2020 and to President Donald Trump for how he messages his campaign in Florida.   

One certainty: The words by Senator Sanders about the Republic of Cuba will be front and center during speeches by President Trump not only when traveling in Florida, but throughout the United States.

Dan Burton, Co-Author Of Libertad Act (Helms-Burton), & Former Senator Robert Torricelli (Cuban Democracy Act) File Brief Against Carnival Corporation

On 24 February 2020, a former member of the United States House of Representatives, The Honorable Dan Burton (R- Indiana from 1983 to 2013), and a former member of the United States House of Representatives and the United States Senate, The Honorable Robert Torricelli (R- New Jersey from 1983 to 1997 and 1997 to 2003), filed a twenty-seven (27) page Amici Curiae in support of the plaintiffs in a Libertad Act lawsuit filed against Miami, Florida-based Carnival Corporation.

Mr. Burton is co-author of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act” and “Helms-Burton”) with The Honorable Jesse Helms (R- North Carolina), a member of the United States Senate from 1973 to 2003. Senator Torricelli is the author of the Cuban Democracy Act of 1992.   

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

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

MOTION OF FORMER CONGRESSMEN DAN BURTON AND ROBERT TORRICELLI FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFF AND SUPPORTING MEMORANDUM OF LAW 

Excerpt: 

Dan Burton and Robert Torricelli, former Members of the United States Congress, hereby move, pursuant to Rule 7.1 of the Local Rules of the U.S. District Court for the Southern District of Florida, to file an Amicus Curiae Brief in support of the Plaintiffs Opposition to the Defendant Carnival's Motion for Judgment on the Pleadings.   

Mr. Burton is a former Republican Member of the U.S. House of Representatives, and was the lead House co-sponsor of the Helms-Burton law, also known as the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 ("Helms-Burton Act").  He was also the Chairman of the Western Hemisphere Subcommittee of the House Committee on International Relations at the time the law was enacted.   

Mr. Torricelli is a former Democratic Member of the House and U.S. Senate, who was an original co-sponsor and floor leader for the Helms-Bur ton Act in the House in 1995-96.  Amici have unique insights and perspectives that will aid the Court in interpreting the statute and discerning Congressional intent with respect to the defense argument that the Plaintiff cannot pursue his claim under Title III because he inherited it after March 12, 1996. The proposed Amicus Curiae Brief is attached as Exhibit A. 

LINK To Filing 

CARNIVAL CORPORATION’S RESPONSE IN OPPOSITION TO MOTION OF FORMER CONGRESSMEN DAN BURTON AND ROBERT TORRICELLI FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFF

Excerpt: 

The Brief of the Proposed Amici is untimely, fails to comply with basic requirements of federal rules governing amicus briefs, is inappropriate under the circumstances, and does nothing to aid the Court in understanding the position of Plaintiff Javier Garcia-Bengochea (“Bengochea”), on whose behalf it is being filed. This Court should deny the motion. 

LINK To Filing 

LINK To Messrs. Burton And Torricelli Request For Delay To Respond To Response By Carnival Corporation

LINK To Previous Post: Former Rep. Dan Burton, Co-Author Of “Helms-Burton” & “Libertad Act” May Again Take The Stage 

https://www.cubatrade.org/blog/2019/6/1/former-rep-dan-burton-co-author-of-helms-burton-amp-libertad-act-may-again-take-the-stage?rq=Dan%20Burton

LINK To Libertad Act Lawsuit Filing Statistics