Newly-Enacted Foreign Assistance Law Impacts Cuba Transactions For U.S.-Based And Non-U.S.-Based Companies. OFAC Had Five Years. Now Has Ten Years. Another Reason To Avoid Cuba...   

Newly-Enacted Foreign Assistance Law Impacts Cuba Transactions For U.S.-Based And Non-U.S.-Based Companies.   

OFAC Had Five Year Statute Of Limitations.  Now Has Ten Years.   

Another Reason For Corporate Counsels To Advise Their CEOs Against Cuba-Related Transactions When Inadvertent Violations Can Be Pursued By The OFAC For An Additional Five-Year Period. 

Amending Trading With The Enemy Act Is All About Cuba.

In the House of Representatives, U. S., April 20, 2024. Resolved, That the House agree to the amendment of the Senate to the bill (H.R. 815) entitled ‘‘An Act to amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes.’’, with the following…

Subtitle B—Other Matters SEC. 3111.  

TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF SANCTIONS. (a) INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.—Section 206 of the International Emergency Eco nomic Powers Act (50 U.S.C. 1705) is amended by adding at the end the following:  

‘‘(d) STATUTE OF LIMITATIONS.—  

‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— ‘‘(A) IN GENERAL.—An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.  

‘‘(B) COMMENCEMENT.—For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.  

‘‘(2) TIME FOR INDICTMENT.—No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.’’. 

(b) TRADING WITH THE ENEMY ACT.—Section 16 of the Trading with the Enemy Act (50 U.S.C. 4315) is amended by adding at the end the following:  

‘‘(d) STATUTE OF LIMITATIONS.—  

‘‘(1) TIME FOR COMMENCING PROCEEDINGS.—  

‘‘(A) IN GENERAL.—An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. 

‘‘(B) COMMENCEMENT.—For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. 

‘‘(2) TIME FOR INDICTMENT.—No person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.’’. 

https://www.congress.gov/bill/118th-congress/house-bill/815/text

Division E, Subtitle B On Page 98.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

What Was Classified For USAID About Spending US$167,872.00 In Firefighting Apparel From Texas-Based KBR For Use In Cuba? 546 Days For An Answer. Not A Helpful Optic For Companies.

It’s Classified?  What Was So Sensitive That USAID Would Publish Photographs Of Boxes, But Refuse To Provide Details About Contents In The Boxes?  

USAID Required Nearly Eighteen Months- 546 Days, To Provide Information About PPE Donated To Cuba. 

FOIA Filed 14 October 2022.  Answer Provided 11 April 2024. 

What Was Provided? Four-Page Letter.  Three Pages Of Redacted Emails.  One Page Data Sheet. 

Why Was Disclosing This Data So Controversial? Six Pallets Totaling 1,174 Pounds Of Firefighting Turnout Coats (43), Firefighting Turnout Pants (43), Firefighting Rubber Boots (43), And Firefighting Gloves (43) With A Total Value Of US$167,872.00 Provided By Houston, Texas-Based Kellogg Brown And Root Services, Inc. (KBR; 2023 Revenue US$6.9 Billion).  

Focusing Upon Media Coverage: USAID Permits Photographs For Promotion, But Refused To Provide Details.  USAID Administrator Samanatha Power Is A Former Journalist. 

The lack of transparency by the Washington DC-based United States Agency for International Development (USAID) which operates under the auspice of the United States Department of State, was both destructive and malignant for the United States business community.  Executives equate transparency with guidance and support.   

When the Biden-Harris Administration (2021- ) decided in 2022 to provide Made-In-America firefighting equipment (PPE- Personal Protective Equipment) to the government of the Republic of Cuba, United States-based company executives interpreted the motivation in a positive manner. 

The United States Embassy in Havana, Republic of Cuba, published images of the delivery presentation.  Clearly, an effort to promote the United States taxpayer-funded delivery of the PPE.  If USAID was seeking to promote its efforts, then how to justify refusing to provide the details about the PPE?     

USAID then refused for eighteen (18) months to provide basic information about the delivered PPE- manufacturer, quantity, price, and critically the source of funding.   

The result is destructive because United States-based companies look to the transparency of the United States government as a primary indicator of whether engagement with the Republic of Cuba makes sense.  

Lack of transparency equates to a STOP sign.  The malignancy develops because executives speak with one another- and in this instance shared a cautionary tale rather than an opportunity for engagement.  

  • 11 April 2024:Attached please find United States Agency for International Development 2nd and final response to your October 14, 2023 FOIA request.” 

  • 26 February 2024:Attached please find the 1st interim response to your October 14, 2022 FOIA request.  Please be advised that this is not our final response as we are still awaiting further records from the respective programs.  The records will be assessed and processed upon receipt.  We will continue to provide you with interim releases until such time all records have been received.  Thank you for your interest in USAID and continued patience.”  

  • 26 January 2024:My apologies; the United States Agency for International Development (USAID) regrets the delay in responding to your Freedom of Information Act (FOIA) request.  Please be advised that FOIA No. X-XXXXX-XX has been escalated and is still being processed.  Unfortunately, USAID is experiencing a backlog of FOIA requests.  The FOIA office will provide you with another status update and an estimated time of completion on or before March 29, 2024.  Thank you for your continued patience.”   

  • 6 December 2023:The United States Agency for International Development (USAID) regrets the delay in responding to your Freedom of Information Act (FOIA) request.  Please be advised that FOIA No. X-XXXXX-XX has been escalated and is still being processed.  Unfortunately, USAID is experiencing a backlog of FOIA requests.  The FOIA office will provide you with another status update and an estimated time of completion on or before December 29, 2023.  Thank you for your continued patience.”   

  • 24 August 2023:Thank you for your continued patience while we process your FOIA request. Unfortunately, USAID is experiencing a backlog of FOIA requests.  Please know that USAID management is very committed to providing responses to FOIA requests and remedying the FOIA backlog.  I will provide you with an update on or before September 5, 2023.” 

  • 16 August 2023:Thank you for your continued patience while we process your FOIA request. Unfortunately, USAID is experiencing a backlog of FOIA requests.  Please know that USAID management is very committed to providing responses to FOIA requests and remedying the FOIA backlog.  I will provide you with an update on or before August 23, 2023.” 

  • 17 July 2023:Thank you for your continued patience. Additional search time is needed to complete your request.  I will provide you with an update on or before July 31, 2023.” 

  • 16 June 2023:Greetings, Thank you for your continued patience. Additional search time is needed to complete your request.  I will provide you with an update on or before June 30, 2023.”  

  • 24 May 2023:Greetings, We are still working on your FOIA request and should have a response for you by June 14, 2023.” 

“This acknowledges receipt of your October 14, 2022, Freedom of Information Act (FOIA) request to the United States Agency for International Development (USAID).  Specifically, you requested all information about the following delivery in August 2022/September 2022/October 2022 from USAID of PPE to Cuba: 1) How was the donation delivered- air, vessel? 2) What is the brand/manufacturer of the PPE? 3) Was the delivery directly to a Republic of Cuba government-operated entity or through first the U.S. Embassy in Havana? 4) What was the U.S. Dollar value of the delivered 43 sets of PPE? 5) What is the U.S. Dollar value of the 57 sets of PPE to be delivered? 6) Did USAID use its government funding for the purchase(s)?   (Date Range for Record Search: From 08/01/2022 To 10/14/2022).  You also requested expedited processing and a fee waiver. 

Expedited Processing

The FOIA provides that expedited processing is warranted if the request involves circumstances in which the lack of expedited processing could (1) reasonably be expected to pose an imminent threat to the life or physical safety of an individual, or (2) an urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information.  You indicated you requested expedited processing "because the public has an urgent and compelling need for information about the all information about the following delivery in August 2022/September 2022/October 2022 from USAID of PPE to Cuba: 1) How was the donation delivered- air, vessel? 2) What is the brand/manufacturer of the PPE? 3) Was the delivery directly to a Republic of Cuba government-operated entity or through first the U.S. Embassy in Havana? 4) What was the U.S. Dollar value of the delivered 43 sets of PPE? 5) What is the U.S. Dollar value of the 57 sets of PPE to be delivered? 6) Did USAID use its government funding for the purchase(s)?  (Date Range for Record Search: From 08/01/2022 To 10/14/2022).  After review of your justification, your request for expedited processing is denied.  Your rationale does not articulate an imminent threat to the life or physical safety of an individual, nor is it an urgency to inform the public.  Below is information on how to submit an appeal for this expedited processing denial.

Fee Waiver 

The FOIA provides that fees should be waived or reduced if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.  As a member of the media, the only applicable fee is duplication.  Duplication is $0.10 per page, but the first 100 pages are free.  After review of the fee waiver criteria, your fee waiver request is moot.  Since the only applicable fee is duplication, and USAID routinely furnishes responsive records to FOIA requesters in electronic format, it's most likely there will be no duplication fees to assess.  

Appeal rights 

You have a right to appeal the denial of expedited processing.  Your appeal must be received by USAID no later than 90 days from the date of this communication.  To protect its workforce from COVID-19, USAID is implementing maximum telework.  Our FOIA professionals are therefore working from home and do not have access to postal mail and fax machine.  Please send your appeal to foia@usaid.gov, and address it to the Deputy Director of the Bureau for Management, Office of Management Services.  In addition, please include your tracking number in your email. 

Extending the FOIA’s Time Limits due to Unusual Circumstances 

The FOIA provides that an agency  may extend its time limits when “unusual circumstances” occur in the processing of a request. See 5 U.S.C. § 552(a)(6)(B)(i) (2016).  Those “unusual circumstances” are set forth in the statute, 5 U.S.C § 552(a)(6)(B)(iii), and are described as: 1) The need to search for records from field facilities or other locations separate from the office processing the request; 2) The need to search, collect and examine voluminous records; and 3) The need for consultation with another agency.  Based upon the records you have requested, we have determined that one or more unusual circumstances will occur during the processing of your request.  Accordingly, your response time-limit has been extended beyond the 20 days required by statute; therefore, 10 additional processing days have been added to your request.  To mitigate this action, you may limit the scope of the request so that it can be processed more quickly or to arrange an alternative time to respond.” 

United States Department of State
Washington DC
18 October 2022


U.S. Support for Hurricane Ian Recovery Efforts in Cuba
Ned Price, Department Spokesperson

“Following the devastating impact of Hurricane Ian, the United States is providing to the Cuban people critical humanitarian aid to trusted international partners working directly with Cubans whose communities were devastated by the storm. The United States, through the U.S. Agency for International Development, will provide $2 million in funding for emergency relief to those in need in Cuba. The United States will work with trusted, independent organizations operating in the country who have a long presence in hurricane-affected communities. We are currently reviewing applications from organizations such as the International Federation of Red Cross and Red Crescent Societies (IFRC) to provide this assistance. We stand with the Cuban people as they work to recover from this disaster. The United States will continue to monitor and assess humanitarian needs in coordination with our trusted partners and the international community, and we will continue to seek ways to provide meaningful support to the Cuban people, consistent with U.S. laws and regulations.” 

Bruno Rodriguez, Minister of Foreign Affairs of the Republic of Cuba, using Twitter (X): "We appreciate humanitarian assistance offer made by the US. This material contribution that is worth 2 million USD, channelled through the International Federation of Red Cross, will add up to our recovery efforts in support of the victims of the ravages caused by #HurricaneIan." 

United States Department of State
Washington DC
19 October 2022

Question Posed: “Prior to today's announcement that USAID was spending US$2 million in taxpayer funds for indirect assistance to Cuba, when was the last time that taxpayer funds were directed, directly or indirectly, by the United States government to Cuba?” 

United States Department of State
Washington DC
21 October 2022

“Thanks for the question and your patience. The following is offered on background and should be attributable to a State Department spokesperson: 

"Each year since 1996, USAID and the Department of State have funded democracy programs that support human rights, fundamental freedoms, and democratic values in Cuba.  In September 2022, USAID provided personal protective equipment in response to diminished fire-fighting capacity following the large-scale oil fire at the Matanzas Oil Terminal.

In 2008, USAID provided $1.6 million to non-governmental organization (NGO) partners for emergency relief supplies in response to the impact of Hurricane Gustav.  USAID also funded emergency relief commodities through a disaster response cable for damages caused by hurricanes in 2004-2006.  USAID provided $50,000 for Hurricane Charley in 2004, $100,000 for Hurricane Dennis in 2005, and $100,000 for Hurricane Wilma in 2006.

Since early 2021, we have prioritized review of license applications to export privately sourced or donated goods to the Cuban people, focusing specifically on U.S. agricultural and medical exports to Cuba.” 

LINKS To Related Analysis 

Why Is USAID Administrator Samantha Power Risking Lawsuit For Failing To Disclose Data Sought By FOIA Request Filed In 2022 About PPE Deliveries In 2022 To Cuba. August 08, 2023 

In Controversial Decision, Biden-Harris Administration Directs (Indirectly) US$2 Million In U.S. Taxpayer Funds To Cuba For Hurricane Ian Support. Some Members Of Congress Irate. October 18, 2022

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Lavazza Of Italy Continues To Focus On Increasing Coffee Bean Production In Cuba. Lavazza And Nespresso Both Export To Global Markets.

Turin, Italy-based Luigi Lavazza S.p.A. (2023 revenues approximately US$3.4 billion) and Vevey, Switzerland-based Nestle SA (2023 revenues approximately US$103.9 billion) are seeking to increase the production, quality, and export opportunities for coffee beans sourced in the Republic of Cuba.

Although authorized by the Obama-Biden Administration (2009-2017) through the United States Department of State, the government of the Republic of Cuba has not authorized the direct export of coffee beans (roasted, not roasted, processed) sourced from private growers in the the Republic of Cuba to the United States.

World Coffee Portal
London, United Kingdom
19 April 2024

Inside the Lavazza project rebuilding Cuba’s coffee industry

In 2018 Italian coffee roaster Lavazza Group embarked on a 20-year project to reinvigorate Cuba’s long-lost coffee industry. Through cooperation between the non-profit Lavazza Foundation and the Cuban government, coffee is becoming a powerful force for economic and social development on the island. World Coffee Portal gained exclusive access to the programme to find out what it takes to rebuild a coffee industry from the ground up.

IMAGE: A worker rakes sun-dried coffee at the Los Negros washing station in Santiago de Cuba province | Photo credit: Lavazza Group

It’s a country synonymous with Fidel Castro, cigars and vintage cars, but coffee is unlikely to be top of mind when it comes to Cuba. Nevertheless, the picturesque Caribbean island was once a major producer, growing around 60,000 tonnes a year in its 1950s peak – comparable to modern-day Kenya – and world-renowned for its sweet, full-bodied exports.

Sadly, Cuba’s recent history as a coffee producer is one of endemic decline. Rocked by the seismic events of the Cuban revolution 1953-1959, an ongoing US trade embargo introduced in 1962 and a severe leaf rust epidemic, by the 1980s annual production had fallen to 30,000 tonnes and exports virtually vanished in the 1990s.

In 2020, Cuba’s annual production stood at just 6,000-7,000 tonnes but coffee remains an important part of daily life. An estimated 19,000 of the country’s 900,000 farmers are involved in cultivating the crop and Cubans consume around 20,000 tonnes of coffee annually, mostly imported from Vietnam and Brazil.

A cup half full

With access to global markets, machinery, finance and fuel severely restricted, Cuba’s economy struggles to develop. The country remains heavily reliant on imports and faces frequent shortages of food and medicine. Cuba was also hit hard by the pandemic, which along with tougher US sanctions introduced by the Trump administration and continued under Biden, badly impacted tourism.

With inflation running at around 30% in 2023, almost 425,000 Cubans, particularly from rural areas, are estimated to have crossed into the US from Mexico in the past two years – close to 4% of the population.

“Sanctions have a huge impact because they restrict us from working with international banks. In the rest of the world coffee producers can access finance from banks and other institutions – but this is not possible in Cuba,” says Cuban Vice Minister for Agriculture Maury Hechavarría Bermúdez.

In today’s tough economic context, Lavazza Group – a major purchaser of Cuban coffee up until the 1990s – wants to see coffee become a major catalyst for sustainable economic development in Cuba.

In 2018, the Italian coffee roasting giant launched a 20-year programme to rebuild Cuba’s long-lost coffee industry. Bio Cuba Café is a joint venture managed through the Lavazza Foundation in collaboration with the Cuban Agriculture Ministry, (GAF) and the Agency for Cultural and Social Interchange with Cuba (AICEC), an Italian non-profit fostering cultural and economic exchange with Cuba.

After several years of negotiations and on-the-ground preparation, Bio Cuba Café was officially ratified at a signing ceremony on 3 December 2023.

The programme currently represents 250 Cuban coffee farmers and has so far distributed more than six million coffee trees supported by state-backed agronomic research and €3.7m ($4m) investment from the partner organisations, including €1.5m ($1.6m) from the Lavazza Foundation.

“In the 1950s Cuba was one of the biggest coffee producers in the world,” says Robeldi Nicot Terrero President of the Agroforestal Group (GAF). “Cuban coffee has always been regarded as high-quality and that’s why we’ve been trying to improve exports.”

Today, 92% of Cuban coffee production is concentrated in the eastern provinces of Pinar del Rio, Villa Clara, Cienfugos, Sancti Spriritus, Holguin, Granma, Santiago de Cuba and Guantanamo, key regions where the government is promoting agriculture to improve local livelihoods and boost the national economy.
 
“When a coffee producing country starts to consumer more coffee, that’s a strong indicator of development”-Veronica Rossi, Senior Sustainability and Lavazza Foundation Manager

As a public-private joint venture with foreign entities, Bio Cuba Café is a new approach for Cuba’s state-run economy. Nevertheless, 2020 saw Lavazza purchase the first 11 containers of premium Cuban arabica along with the first export by Bio Cuba Café’s Asdrubal López enterprise and the Agroforestry Group.

“This is a social responsibility project to boost the Cuban coffee market,” says Veronica Rossi, Lavazza’s Senior Sustainability Manager and Lavazza Foundation Manager. “Lavazza Group initiated the joint venture but it is managed through the Lavazza Foundation, which has a statutory obligation to reinvest all profits.”

As Rossi explains, Lavazza is a major purchaser of Cuban coffee through the project but does not hold exclusivity on exports, enabling Bio Cuba Café to act as a portal to both domestic cooperatives and international buyers.

IMAGE: Workers weigh green coffee sacks at the Los Negros washing station in Santiago de Cuba province | Photo credit: Lavazza Group

Cuba’s arabica exports officially reached 1,200 tonnes in 2021, but of the 9,000-11,000 tonnes produced overall today, 40%-65% is estimated to be traded on the black market, where it haemorrhages value. It’s here that Bio Cuba Café is working to bring more farmers into the fold so they can invest in quality and tap into the global value chain.

Bio Cuba Café members receive over 30% of the exported value of their coffee, among the highest share in the world. They also receive payment for coffee on delivery instead of a typical six-month waiting period, gain access to bioproducts for organic and sustainable agriculture, credit funds and agronomic assistance.

Crucially, they are also paid in Cuba’s ‘hard’ Moneda Libremente Convertible (MLC) currency instead of local pesos. Introduced in 2021 as part of Cuba’s complex dual-currency system, MLC retains parity with the dollar and is used to purchase high-value imported goods, such as machinery and equipment.

In 2022, Cuba produced around 8,000 tonnes of export-grade coffee, still a small fraction of its 1950s peak, but tangible evidence of the fledgling industry’s progress.

A green light for sustainability

Michele Curto is President of the AICEC and has been closely working with the Lavazza Foundation and the Cuban government to make Bio Café Cuba a reality. Curto’s passion for the project is clear, especially when it comes to dovetailing the environmental and economic benefits of sustainable agroforestry and organic farming.

“One of the easiest ways to support a coffee plantation is to create a shade-grown system,” he says, highlighting GAF’s long-term reforestation programme, which has overseen a rise in Cuba’s total forest cover from just 13% in 1959 to 43% in 2022.

“Consider that one euro is worth around 250 pesos – with a euro or less you can buy 120 trees – it’s the cheapest way to protect the cultivation of coffee,” Curto adds.

Like all coffee producing countries, Cuban farmers face mounting challenges due to the global climate emergency. “Cuba is a dry country, but we are also facing climate phenomena such as high temperatures, heavy, irregular rains and soil erosion,” says Bermúdez.

With Cuba rebuilding its coffee industry from the ground up, there is a powerful opportunity to embed agroforestry and organic cultivation into virtually all production.

Deforesting land to increase yields is tempting for many coffee producers, but monoculture farming damages ecological diversity and requires regular pesticide treatment to control insect populations. A greener route is to plant native trees alongside coffee, which controls pests by encouraging birds, provides shade protection and retains soil quality. This dynamic is a win-win for Cuba, where there has historically been virtually no access to pesticides or chemical fertilisers due to the US trade embargo.

“We have turned this obstacle into a strength by creating bio-fertilisers to enhance production. The development of coffee in these specific eco-systems responds to the needs and progress of the country,” says Terrero. “It’s fair, good and clean,” he adds.

The Tercer Frente Experimental Coffee Station in Cuba’s Santiago province is at the forefront of efforts to integrate climate resilience into coffee production. In 2020, Cuban scientists began collaborating with counterparts in Vietnam to develop bio-organic fertilisers and rust-resistant, higher yield cultivars. Vietnamese farming techniques, such as planting two banana trees for every coffee plant, have also been adopted.
 
“Cuban coffee has always been regarded as high-quality and that’s why we’ve been trying to improve exports”- Robeldi Nicot Terrero, President, Agroforestal Group (GAF)

“Our public health system was able to develop its own vaccine to face the Covid-19 pandemic. That’s why the Cuban government asked those same scientists to develop our own genetic material for coffee seeds,” says Bermúdez.

Organic production could enable Cuban coffee farmers to command premium prices in international markets and up to 20% higher in Europe, which imports around one-third of annual global coffee production.

In 2022, more than 300 tonnes of Cuban arabica and robusta coffee was certified organic through Control Union. With this representing just 25% of Cuba’s exportable capacity, the potential for certifying virtually all Cuban coffee as organic is huge.

Shade-grown coffee also means both Cuban farmers and importers can trade in Europe with confidence. Incoming EU legislation requires companies importing products linked to deforestation, including coffee, palm oil and soya, to prove goods have not contributed to forest degradation and will enforce hefty fines for non-compliance.

The benefits of advanced using biofertilisers and shade-grown approach are evident, with Bio Cuba Café members yielding 0.8 tonnes of coffee per hectare compared to 0.3 tonnes for the national average.

“Those farmers able to produce more will have more revenue and they will have reasons to stay in the mountains,” says Bermúdez. “We don’t need a lot of producers, but we need the producers we have to be far more efficient.”

Money grows on coffee trees

One farmer already reaping the benefits of the Bio Cuba Café joint venture is Rafael ‘Tony’ Antonio Infante. Like many Cubans working in the agricultural sector, Tony is higher educated and has a Bachelor’s degree in economics. In recent years, Tony has shifted from cattle farming to coffee due to the crop’s higher returns and lower maintenance requirements.

A few hours’ drive from Santiago de Cuba, his 15-hectare farm also produces plantain, beans, and pumpkins. Speaking through a translator, Tony explains he first began sowing coffee in 2017 over five hectares. The results have been promising, with yields of around two tonnes per hectare over a three-month cycle – higher-than-average volumes he attributes to the use of organic manure and recycled coffee waste fertiliser alongside a 100% shade-grown system.

Tony recently sold four tonnes of high-grade organic robusta to a cooperative through the GAF Tercer Frente cooperative on behalf of Bio Cuba Café for 127,000 pesos ($1,127) per tonne – a solid return when 120 seedlings can be purchased for just €1 ($1.08). Having recently fully joined the Bio Cuba Café programme, Tony says he is planning to further hone his agronomy techniques and add three hectares of land dedicated to coffee.

Yolani Carrasana Valdez is another Cuban coffee farmer reaping the benefits of the Bio Cuba Café programme. Valdez cultivates around 4,800 shade-grown robusta coffee trees over 7.7 hectares. Using organic fertiliser developed by Bio Cuba Café over the past two years, Valdez grew almost six tonnes of coffee in 2022.
 
“One of the easiest ways to support a coffee plantation is to create a shade-grown system”- Michele Curto, President, AICEC

His farm also produces sweet potato, citrus and tropical fruit, however, coffee is now Valdez’ most lucrative crop, generating around 80% of the farm’s income and enabling him to employ ten workers.

From these farms and many others, coffee is transported to the Los Negros washing station in Cuba’s Santiago de Cuba province. One of 22 stations in the country, this facility processes 64% of Cuba’s current coffee production. Los Negros uses a wet process to de-pulp coffee cherries and is experimenting with fermentation on robusta micro-lots in collaboration with the University of Santiago to elevate quality.

The station is also embedding full supply chain and farm traceability into Cuban coffee production. In 2020 Bio Café Cuba began tracking soil quality, weather conditions and water usage from a range of 50 sensors in the field to build climate resilience by continually monitoring environmental conditions in real time.

Bio Cuba Café is also deploying blockchain at the processing station to generate a fully transparent supply chain. Each coffee sack is tagged to track 90 agronomic, economic and social KPIs, with the data fully available to end consumers via a QR code and app.

IMAGE: The Rolando Ayub Contramaestre coffee processing plant | Photo credit: Tobias Pearce / World Coffee Portal

The people’s product

The Rolando Ayub Contramaestre coffee processing plant in Santiago de Cuba is the site of the Battle of Mafo, one of the final clashes of the Cuban Revolution. Today, the former army barracks whirs with the gentle motion of coffee commerce, sorting, processing and packing 65% of Cuba’s annual coffee production.

The facility houses an automatic colour sorter to weed out green coffee defects while manual workers sort up to 50kg of coffee per day to produce the country’s highest export grade. It is here that Lavazza is preparing to install Cuba’s first commercial coffee roaster, which when operational in 2025 will enable more Cubans to enjoy the high-quality coffees they produce.

“When a coffee producing country starts to consume more coffee, that’s a strong indicator you have economic and social development,” says the Lavazza Foundation’s Rossi.

“A key goal of Bio Cuba Café is not to create competition between domestic and exporter markets. Whenever we export coffee, we must ensure that there will be enough for the Cuban market. We will always keep the producers front and centre,” adds the AICEC’s Curto.

Viva the Cuban coffee revolution

With Lavazza having already struck deals to sell Cuban coffee at UK supermarkets, the dream of rekindling the nation’s coffee exports is now firmly a reality. As a 20-year project, Bio Cuba Café wants to go much further towards the full restoration of Cuba’s coffee industry and plans to grow the number of partner coffee farmers to 400 over the next two years.

With the help of Lavazza’s 130 years of coffee expertise, Bio Cuba Café is laying the groundwork for a coffee industry truly built for the 21st century. It will take many years for Cuban coffee farmers to hone their skills to boost quality and yields. However, a speciality range scoring 81-85 points already available through the Bio Cuba Café programme is tangible proof that Cuban coffee can once again compete with the best on the world stage.

20 years of the Lavazza Foundation: Established in 2004, the nonprofit Giuseppe e Pericle Lavazza Foundation has organised 33 projects in 20 countries and three continents, the benefits of which are felt by more than 180,000 coffee growers. One aim shared by all of the programmes is the development of sustainable entrepreneurship, to bring about an improvement in the living conditions of the entire community.  The Foundation supports the autonomy of local communities by emphasising the value of female workers and involving the younger generations. It encourages good agricultural practices in order to improve crop yields and coffee quality and promotes the introduction of technological tools as a means to counter the effects of climate change.

This article was first published in Issue 18 of 5THWAVE magazine.

Link To Article Text

LINKS To Previous Analyses 

Nestle Nespresso To Indirectly Import Coffee From Cuba To USA June 20, 2016

UPDATE: “Hecho En Cuba” Has Value…. Obama Administration Will Help & Accept Certification From Cuba July 14, 2016

“Hecho En Cuba” Begins To Mean Something…. Is The Obama Administration Complying With Its Regulations? July 06, 2016

It's Here... Nespresso's Cafecito de Cuba capsules... US$1.25 each August 18, 2016

Lavazza From Italy & Nespresso From Switzerland Vie For Cuba's Coffee Production/Exports September 17, 2017

Confiserie Sprungli AG & Dieter Meier Of Switzerland Use Cocoa Beans From Cuba June 20, 2018

Nespresso Of Switzerland Announces Another Release Of Coffee From Cuba November 19, 2018

Might Cubaexport In 2020 Permit “Independent Entrepreneurs” To Export Coffee Beans, Cocoa and Honey To The United States? January 14, 2020

After A Long Wait... Nespresso Of Switzerland Announces "For A Limited Time" New Releases Of "Cafecito de Cuba" & "Cafe de Cuba" August 12, 2020

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

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. April 14, 2022

With Coffee Bean Sourcing In Cuba, No Cuba Mention Might Be U.S. Compliance Issue For Nestlé Nescafé Plan To "Drive Regenerative Ag, Reduce Greenhouse Gas Emissions, Improve Farmers’ Livelihoods" October 04, 2022

Cuba Government Extols Role Of Private Companies- Now 13% Of Official GDP And 8% Of Imports. But, Three Years In And No Authorization For Investment And Financing. Why So Scared?

“Cuba approved 62 new MSME enterprises 

Havana, Apr 18 (Prensa Latina) The Cuban government today approved 62 new economic actors, as micro, small and medium-sized enterprises (MSMEs), in order to boost production of goods and services in the country.  Through its website, the Ministry of Economy and Planning (MEP) specified that 59 are private MSMEs and three are state-owned. 

With a rapid growth since their approval in 2021, these forms of economic management currently operate in various branches, including food production, recycling and recovery of raw materials, import and export and sale of various assortments, computer programming activities, gardening and manufacturing of construction materials. 

The first 35 MSMEs were authorized in September 2021; two years later (at the close of September 2023), the MEP notified almost 9,000 ventures of this nature in the 15 provinces and in 167 of the country’s 168 municipalities, and the current figure stands at 11,118. 

Analyses on the subject in the National Assembly (Parliament) indicated in 2023 that the private and cooperative sector (to which MSMEs belong) represents around 13 percent of the Gross Domestic Product (GDP) and approximately eight percent of imports.  The business with the greatest presence of MSMEs on the island are gastronomy, construction, manufacturing industries and industrial food and beverage production.”

The Biden-Harris Administration (2021- ) has provided substantive opportunities for individuals subject to United States jurisdiction and United States-based companies to re-engage and to engage with the re-emerging private sector within the Republic of Cuba. 

Micro, small, and medium-sized enterprises (MSMEs) are also known as PYMEs (pequeñas y medianas empresas).  There are a reported more than 10,000 registered in the Republic of Cuba, including some Republic of Cuba government-operated companies which have transformed into PYMEs.

  • Authorized the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury to issue first license to a United States-based entity to deliver a direct investment in and provide direct financing to a PYME.

  • Authorized the Bureau of Industry and Security (BIS) of the United States Department of Commerce to issue licenses to export vehicles (electric, hybrid, gasoline, diesel), motorcycles (electric, hybrid, gasoline, diesel), and scooters (electric, hybrid, gasoline, diesel) to PYMEs.

  • Authorized the OFAC and BIS to issue licenses, and to use general license procedures to encourage product and service engagement with PYMEs.  During the last two years there has been a substantial increase in the export of agricultural commodities and food products from the United States to PYMEs along with a substantial increase in machinery and other products whereby PYMEs are assembling, manufacturing, and producing products for sale within the Republic of Cuba and for export from the Republic of Cuba.

LINKS TO RELATED ANALYSES 

U.S. To Cuba Exports Increased 10.6% In February. Up 27% Year-To-Year. Products Included Cigarettes, Tea, Apples, Construction Vehicles, Passenger Vehicles & Parts, Confectionery Machines. Apr 8, 2024

Academics Wrong, NGO’s Wrong.  Don’t Blame Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration For New Cuba Law. Commercial Malpractice- Easy Carpet Roll-Up Apr 6, 2024

Time For A CRL/BOR List For MSME’s (PYMEs) In Cuba To Provide Confidence And Protection To United States Companies, Entrepreneurs, Financial Institutions, Sources Of Capital, And Suppliers.  Mar 13, 2024

U.S. Department Of State US$400,000.00 “Priority Program” To Support Re-Emerging Private Sector In Cuba; Includes “Shark Tank Style” Recruitment. Does Not Resolve Primary Problem. Mar 9, 2024

Russian Foreign Minister Lavrov Today Visits Cuba.  By Focusing Upon Expanding MSMEs, He Can Help Russia Make Money- And Help United States Capital Support MSMEs. Not A Perfect Alliance. Feb 18, 2024

List Of Every Product Exported From U.S. To Cuba In 2023. U.S. Ag Commodity/Food Exports Up 4.2%- Including US$5.4 Million In Coffee. US$24 Million To MSMEs Including US$8 Million In Vehicles. Feb 13, 2024

U.S. To Cuba Exports Increased 10.6% In February. Up 27% Year-To-Year. Products Included Cigarettes, Tea, Apples, Construction Vehicles, Passenger Vehicles & Parts, Confectionery Machines.

ECONOMIC EYE ON CUBA©
April 2024

February 2024 Ag/Food Exports To Cuba Increase 10.6% - 1
54th Of 210 February 2024 U.S. Food/Ag Export Markets- 2
Year-To-Year Exports Increase 27.0% - 2
Cuba Ranked 46th Of 210 U.S. Ag/Food Export Markets - 2
February 2024 Healthcare Product Exports US$0.00 - 2
February 2024 Humanitarian Donations US$2,934,480.00 - 3
Obama Administration Initiatives Exports Continue To Increase - 3
U.S. Port Export Data- 19

FEBRUARY 2024 FOOD/AG EXPORTS TO CUBA INCREASE 10.6% - Exports of food products and agricultural commodities from the United States to the Republic of Cuba in February 2024 were US$27,204,788.00 compared to US$24,592,601.00 in February 2023 and US$29,812,459.00 in February 2022.  

LINK TO COMPLETE REPORT IN PDF FORMAT

1- Chicken Meat (Frozen)- US$8,832,358.00
2- Chicken Leg Quarters (Frozen)- US$6,639,954.00
3- Chicken Legs (Frozen)- US$2,874,029.00
4- Meat of Swine (Frozen)- US$707,872.00
5- Preserved Chicken Meat Paste- US$686,474.00
6- Powdered Milk- US$651,726.00
7- Fertilized Chicken Eggs For Incubation- US$519,838.00
8- Milk/Cream Sweetened- US$455,761.00
9- Coffee Roasted (Decaffeinated)- US$358,934.00
10- Offal of Sheep (Frozen)- US$353,217.00

Other TSREEA/CDA/OFAC/BIS Authorized items: Black Tea (US$6,336.00): Apples (US$132,323.00); Guts, Bladders & Stomachs of Animals (US$71,640.00); Sardines (US$37,734.00); Cane Sugar (US$818,838.00); Pet Food (US$3,528.00); Cigarettes (US$98,900.00); Knives Blades (US$27,360.00); Rider Type Self-Propelled Electric Trucks (US$21,895.00); Fork-Lifts (US$30,000.00); Front-End Shovel Loaders (US$245,797.00); Confectionery (Cocoa) Manufacturing Machines (US$5,321.00); New Vehicles (US$4,983,708.00); Used Vehicles (US$109,500.00); Special Purpose Vehicles (US$2,881.00).

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

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

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA and CDA. The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

January 2024 through February 2024 TSREEA exports were US$72,373,661.00 compared to January 2023 through February 2023 TSREEA exports of US$56,986,797.00.

Total TSREEA exports since first deliveries in December 2001 exceed US$7,318,707,054.00

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

Academics Wrong, NGO’s Wrong.  Don’t Blame Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration For New Cuba Law. Commercial Malpractice- Easy Carpet Roll-Up

Academics Are Wrong, NGO’s Are Wrong.  Don’t Blame Representative Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration. 

Once Again, Issues Relating To The Republic Of Cuba Are Not That Important- And Whose Fault Is That? 

Cuba Is Not At A Tipping Point.  The Country Has Always Been Near Capsizing.  Always Taking On Water.  Heaving.  Yet, It Continues To Remain Afloat.  Generally, Because Other Governments Save It From Sinking.

If the bilateral commercial, economic, financial, and political relationship, the landscape, for the government of the United States and the government of the Republic of Cuba were important, as some United States-based academics and United States-based non-governmental organizations (NGO’s) and non-profit organizations maintain, then why would not members of the United States House of Representatives and members of the United States Senate object, seek to derail, or impede the recent effort by Mario Diaz-Balart (R- Florida, 26th District), a member of the United States House of Representatives?

The Trump-Pence Administration (2017-2021) was able to roll-up like a carpet some of the most visually significant and commercially, economically, financially, and politically impactive components of initiatives unfurled during the Obama-Biden Administration (2009-2017). 

This was possible precisely because from 17 December 2014 through 20 January 2021 neither The White House nor first the Castro-Machado Ventura Administration (2008-2018) and then its successor the Diaz-Canel-Valdes Mesa Administration (2019- ) provided the United States business community with any depth of re-engagement or engagement- everything authorized was superficial, meaning there was barely a commercial, economic, or financial root system to survive any effort to dislodge it.

Neither the Obama-Biden Administration, Castro-Machado Ventura Administration, nor Diaz-Canel-Valdes Mesa Administration fully embraced a meaningful presence in the Republic of Cuba for United States-based companies. 

Imagery, yes.  But, United States-based companies with thousands of employees in the Republic of Cuba, with hundreds of offices and operations in Republic of Cuba, that was too far.  The White House never pressed the Palacio de la Revolucion.  Even if it claims it did, the effort was unsuccessful.

Conveniently forgotten is a statement from the Senior Director- Western Hemisphere Affairs at the National Security Council (NSC) in The White House during the Obama-Biden Administration who infamously shared “we have gone as far as we can go” when defending authorizing United States-based financial institutions having operating accounts with Republic of Cuba-based financial institutions, but not permitting Republic of Cuba-based financial institutions from having operating accounts with United States-based financial institutions.  Saying this while knowing doing so negated 100% of the value for the initiative for direct correspondent banking.

The Biden-Harris Administration (2021- ) has provided substantive opportunities for individuals subject to United States jurisdiction and United States-based companies to re-engage and to engage with the re-emerging private sector within the Republic of Cuba. 

Micro, small, and medium-sized enterprises (MSMEs) are also known as PYMEs (pequeñas y medianas empresas).  There are a reported more than 10,000 registered in the Republic of Cuba, including some Republic of Cuba government-operated companies which have transformed into PYMEs.

  • Authorized the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury to issue first license to a United States-based entity to deliver a direct investment in and provide direct financing to a PYME.

With U.S. Government Authorization For First Direct Equity Investment Into A Private Company In Cuba, Here Is Important Context And Details.  About The Parties; About The Message. May 16, 2022       

Biden-Harris Administration Approves First Equity Investment Since 1960 In A Private Cuban Company May 10, 2022  

Biden Administration Will Use Cuba's Authorization Of SMSE's As Means To Expand Support For Cuba Private Sector- U.S. Investments And Loans May Be Next June 02, 2021   

  • Authorized the Bureau of Industry and Security (BIS) of the United States Department of Commerce to issue licenses to export vehicles (electric, hybrid, gasoline, diesel), motorcycles (electric, hybrid, gasoline, diesel), and scooters (electric, hybrid, gasoline, diesel) to PYMEs.

First Tesla Model Y Vehicle Authorized By Biden-Harris Administration Scheduled For Delivery To A Cuban National. Maryland-Based Company Received First BIS License. November 30, 2023

  • Authorized the OFAC and BIS to issue licenses, and to use general license procedures to encourage product and service engagement with PYMEs.  During the last two years there has been a substantial increase in the export of agricultural commodities and food products from the United States to PYMEs along with a substantial increase in machinery and other products whereby PYMEs are assembling, manufacturing, and producing products for sale within the Republic of Cuba and for export from the Republic of Cuba.

List Of Every Product Exported From U.S. To Cuba In 2023. U.S. Ag Commodity/Food Exports Up 4.2%- Including US$5.4 Million In Coffee. US$24 Million To MSMEs Including US$8 Million In Vehicles. Feb 13, 2024  

Unfortunately, the Biden-Harris Administration and Diaz-Canel-Valdes Mesa Administration has adopted portions of the playbook from the Obama-Biden Administration which were the catalyst for enabling the carpet roll-up decisions by the Trump-Pence Administration.  There are two decisions which are the most important- thus most egregious.

First, the government of the Republic of Cuba not yet publishing the regulations for a PYME to accept direct investment and direct financing from outside of the Republic of Cuba.  Now, twenty-three months, nearing two years on 10 May 2024, and a PYME remains unable to cost-effectively, efficiently, officially, securely, and transparently receive a direct investment or receive direct financing from the United States.  A PYME can (and many do) continue to receive funds unofficially- meaning in violation of laws, policies, and regulations in the Republic of Cuba and potentially in violation of regulations in place by the BIS and OFAC.  Until the government of the Republic of Cuba publishes regulations, interest by individuals subject to United States jurisdiction and United States-based companies will remain constrained, stunted, commercially constipated absent legal frameworks.  Why the delay by the government of the Republic of Cuba?  One theory is with the issuance of laws, policies, and regulations the process becomes institutionalized and thus more challenging to alter, criminalize, or rescind.

Russian Foreign Minister Lavrov Today Visits Cuba.  By Focusing Upon Expanding MSMEs, He Can Help Russia Make Money- And Help United States Capital Support MSMEs. Not A Perfect Alliance. Feb 18, 2024  

Second, the Biden-Harris Administration continually and inexplicably continues to grasp how requiring funds to be sent from the United States to the Republic of Cuba through a third country and requiring funds to be sent from the Republic of Cuba to the United States through a third country is detrimental to creating an efficient, normal, predictable, secure, and transparent commercial landscape.  When a United States-based investor or United States-based company learns from the OFAC and BIS that to be paid- whether for an investment, loan, product, or service, particularly when the values are small, a third-country financial institution must be engaged- and must receive a fee, the thermometer of interest will quickly plunge from warm to freezing.  There must be direct correspondent banking.

State Department, NSC, OFAC, BIS, USDA Don't Understand Requirements For Financial Plumbing To Function Efficiently.  They Excel In Creating, Maintaining, And Defending Clogs. May 16, 2023 

United States-based exporters increasingly report Republic of Cuba-based customers are seeking to finance purchases, particularly for durables, such as equipment and vehicles.  For a commercial environment which includes the ability of customers to finance a purchase, the value of that commercial market increases exponentially. 

However, the transaction costs are prohibitive when the amount of the payment (for example, monthly) is small- consider US$100.00.  As currently structured by the Biden-Harris Administration, that US$100.00 would need to originate with a Republic of Cuba-based financial institution.  Next, travel to a third-country-based financial institution.  Then travel from that third-country-based financial institution to the United States-based financial institution and into the account of the United States-based exporter.  The transaction fees for the three financial institutions involved in that US$100.00 transfer could be near, at, or more than the value of the US$100.00 transfer.  

NOTE: Denver, Colorado-based Western Union Company (2023 revenue US$4.36 billion) does manage electronic remittance transfers from the United States to the Republic of Cuba.  However, the company does not permit commercial transfers.  Essential for the BIS, OFAC, and United States Department of State to create a workable compliance regime within which Western Union would then process commercial transfers from the United States to the Republic of Cuba and from the Republic of Cuba to the United States.  The use of Western Union for commercial transactions is NOT a viable replacement for direct correspondent banking as Western Union transaction costs can be substantially higher.

Returning to Representative Mario Diaz-Balart and his successful insertion into the recent statute governing the 2024 United States Government fiscal year.

  • H.R. 2822: ‘‘Further Consolidated Appropriations Act, 2024’’.  Page 913 (Of 1,012) “LATIN AMERICA AND THE CARIBBEAN SEC. 7045.  (d) CUBA DEMOCRACY PROGRAMS.— Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ and made available for democracy programs in Cuba may not be made available for business promotion, economic reform, entrepreneurship, or any other assistance that is not democracy building as expressly authorized in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban Democracy Act of 1992.”  LINK To Complete Text In PDF FORMAT

U.S. Department Of State US$400,000.00 “Priority Program” To Support Re-Emerging Private Sector In Cuba; Includes “Shark Tank Style” Recruitment. Does Not Resolve Primary Problem. Mar 9, 2024

  • Associated Press (2 July 2023): “Benjamin Ziff, Charge d’Affaires at the United States Embassy in Cuba, dismisses claims that the administration has implemented few changes.  He pointed to the resumption of some flights and the sending of remittances, as well as a slew of educational and religious exchanges between both nations.  The embassy’s business training classes, while a small measure to boost the private sector, was one of them.  “Cuba’s future lies in its private sector and those who say it is a necessary evil are completely wrong,” Ziff said in an interview. “It is an increasingly necessary good for the well-being of the people.”

Had the Diaz-Canel-Valdes Mesa Administration and Biden-Harris Administration completed their two most important tasks, 1) issuing regulations for the delivery of direct investment and direct financing, and 2) authorizing direct correspondent banking, respectively, the commercial landscape would have been more resilient, deeper, with more roots.  Potentially, there would have been a member of the United States Congress who would have objected, successfully, to the adoption of Section 7045 (d). 

Again, the commercial landscape was rolled-up like a carpet.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT