Societe Generale Issues 54-Page Motion To Dismiss Libertad Act Lawsuit

29 October 2019

United States District Court

Southern District Of Florida

Case No.: 19-cv-22842-DPG

“DEFENDANT SOCIÉTÉ GÉNÉRALE, S.A.’S MOTION TO DISMISS THE AMENDED COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1), 12(b)(2) AND 12(b)(6) AND ACCOMPANYING MEMORANDUM OF LAW IN SUPPORT”

Defendant, Société Générale, S.A. (“SG”), pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(2), 12(b)(6), and Southern District of Florida Local Rule 7.1, respectfully moves to dismiss the Amended Complaint (“AC”) filed by Plaintiff, Sucesores De Don Carlos Nuñez Y Doña Pura Galvez, Inc., for lack of lack of personal jurisdiction, lack of subject-matter jurisdiction, and failure to state a claim.”

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

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

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

LINK To Motion To Dismiss- Part A

LINK To Motion To Dismiss- Part B

LINK To Motion To Dismiss- Part C

LINK To All Case Documents

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1st SLH-Affiliated Hotel In Cuba Is Not Government Owned, Not Government Managed, And Not Subject To A Claim For Ownership

First Hotel In Cuba To Use Hermés Toiletries
Why Only Two (Soon Three) International Standard Luxury Hotels In Cuba?
First SLH-Affiliated Hotel In Cuba Is Not Owned By Government Of Cuba
It’s A 10-Room Casa Particular
US$2 Million Investment
An Italian Husband And Cuban Wife
Current Owners Met With Previous Owners
U.S. Credit Cards Valid For Use
The Type Of Property The Trump Administration Supports


The foremost challenge for hotel management companies in the Republic of Cuba is navigating the impact upon morale that results from the distance between what a guest pays for a room, meals and services and what an employee who is a Republic of Cuba national receives as wages- and can purchase with those wages.

According to a senior-level executive from a non-Republic of Cuba-based hotel management company, “For the properties self-identifying as luxury, they remain outliers rather than examples; isolated rather than imitated; orphans rather than part of a growing family. There is a tragic sense of ‘economic apartheid’ in Cuba that must be addressed.”

There are two international standard luxury-level properties operating in the Republic of Cuba, with a third scheduled to open in September 2019.

The Independent (And Smallest)

When asked for a unique aspect to Paseo 206 (http://www.paseo206.com), Mr. Andrea Gallina, who owns the property, shared: “The level of service and amenities offered. The décor. The location. The fact that my wife and I are always there to meet the guests.” His wife is Diana Sainz, a Republic of Cuba national.

Small Luxury Hotels [SLH] of the World Management Limited (www.slh.com) was established in 1989. The company has 520 properties in more than eighty countries. According to the company, there are more than 1,000 applications submitted each year and 5% are accepted. LINK: https://www.slh.com/paseo-206-boutique-hotel/?l

The first SLH-affiliated property in the Republic of Cuba is not a Republic of Cuba government-owned property and not a Republic of Cuba government-operated property. It is a privately-owned residence and the pre-1959 revolution owners have made no claim on the residence.

Properties affiliated with SLH make an annual payment and pay a commission per reservation made through the SLH Internet site. According to SLH, the annual payment for the smallest properties (less than twelve rooms) range from US$8,000.00 to US$12,000.00.

From SLH: “Paseo 206 Boutique Hotel is not currently available to book online. To book Havana’s first luxury boutique hotel, please contact the hotel directly on +53 78313423 or +53 55517894 or via email paseo206@slh.com.”

The Casa Particular, Paseo 206, opened in September 2016 and affiliated with SLH in June 2017. The property has ten rooms: Rooftop Suite (3; average rack rate US$449.00); Master Suite (3; average rack rate US$349.00), Junior Suite (2; average rack rate US$299.00) and Matchbox Room (2; average rack rate US$249.00).

At 100%, 365-day occupancy, excluding revenues from food and beverage and commissions, rack rate room-only annual gross revenues could be US$1.273 million.

Paseo 206, as do other properties, discounts seasonally and often pays commissions to travel agents, tour operators and other intermediaries; which may account for up to 25% of gross revenues.

Occupancy rates were 52% in 2017, 58% in 2018 (room county increased from eight to ten) and projected at 67%-68% in 2019. Based upon the projection for 2019, gross revenues could be approximately US$687,000.00, not including food, beverages and services.

Paseo 206 reports that the reduction in visitors from the United States has been compensated by “other high-spending visitors from Northern Europe, The Americas, Asia and Middle East.” Revenues have increased approximately 8% on an annual basis.

Less than 1% of reservations for Paseo 206 originate with San Francisco, California-based Airbnb, Inc., approximately 30% of reservations originate with www.booking.com and www.expedia.com, and approximately 69% of reservations originate with “small concierge travel agents and direct to the property.”

https://www.airbnb.com/rooms/14518299?source_impression_id=p3_1566152144_x5b4ivB5Q%2BlISnx2

In a statement to the U.S.-Cuba Trade and Economic Council, Airbnb shared: “In April 2015, Airbnb was excited to welcome Cuban hosts to the global community and since then, Airbnb has provided an opportunity for Cuban hosts to earn important supplemental income, as they open their homes to travelers from around the world. Data released in 2017 showed that Airbnb hosts welcomed 560,000 guests since 2015. From January 2018-January 2019, Cuban hosts welcomed more than 728,000 in just one year. In 2017, there were 22,000 listings, today there are 36,400. The average Cuban Airbnb host has lived in the community where they host for 31 years. 67% of Cuban hosts say that hosting has helped them afford to stay in their home.”

The use of a Casa Particular is specifically encouraged, but not required, for an individual subject to United States jurisdiction who visits the Republic of Cuba using the “Support for the Cuban People” provision (31 CFR 515.574) as administered by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury.

Property Claim

According to Mr. Andrea Gallina, “No claims. We had a visit of the original owners now living in the US. Zero interest in claiming the property. Lots of happiness to see we brought it back to its original splendor. So, their childhood memories were intact.”

Due to marriage, Mr. Gallina received a Green Card and is thus entitled to own property within the same regulations that apply to Republic of Cuba nationals.

He continued: “The current owner is me. The last owner I am afraid I don’t know where he is. He had purchased the house from a person that had purchased the property from the original owner, whose relatives are in the United States. The property had a change of ownership for three times at least... and the family members from the United States that came to visit us were not the owners. So, I don’t think it is even a case where a claim exists since someone from the family was left behind (in Cuba) and lived in the house.”

Credit Cards Accepted

Any card can be used at check-out, but we don’t have a POS [Point of Sale] at the front desk. We take the card information at check-in, process a guarantee by sending the information to our office in Italy and then settle the bill at check-out. The transaction is not immediate though, and when there is a problem, we need to contact the client again and ask to approve the payment for example. There is always a risk associated with it...but we take it and so far, we have been successful in charging credit cards 99% of the time.”

Operational Costs

Mr. Gallina purchased Paseo 206 for US$250,00.00. The average price per square foot for a residence in the Vedado area of the city of Havana is US$1,000.00 and US$1,500.00 per square foot in Old Havana. The total cost to create Paseo 26, including the structure purchase, was approximately US$2 million.

Paseo 206 reports that in terms of financial significance, the ten (10) largest monthly expenses for the property are: 1) Taxes 2) Food 3) Labor 4) Electric 5) Internet 6) Telephone 7) Maintenance 8) Water 9) Gas and 10) Insurance.

Income taxes are based upon sales, not on profit. The highest income tax rate of 50% is for self-employed with annual revenues of more than CUP 50,000.00 (approximately US$2,000.00). Monthly estimate payments are required. There are substantial limitations on deductions; which vary depending upon the category of the business. There is no true wholesale marketplace in the Republic of Cuba. Retail prices are generally 240% above product cost. Self-employed purchase inputs for the same pricing as do retail customers at Republic of Cuba government-operated retail stores. Income taxes generally account for 40% of net profit.

When Will Properties Be Rated By AAA & Forbes Travel Guide?

Properties self-identifying as rating five-stars in the Republic of Cuba generally equate with one-star to two-star-plus properties in the United States.

There are SLH-affiliated properties in many countries that have earned the AAA Five Diamond Award from AAA and a Five-Star rating from Forbes Travel Guide.

There are no properties in the Republic of Cuba that have been rated by Heathrow, Florida-based AAA (formerly American Automobile Association) or Atlanta, Georgia-based Forbes Travel Guide. From AAA: "AAA’s Diamond Rating System does not cover Cuba at this time." No AAA Four Diamond, AAA Five Diamond, Four-Star or Five-Star rated properties.

From Forbes Travel Guide: "At this time we do not have any star rated hotels in Cuba though we continue to watch the destination with interest and look forward to launching the country as a new market in the not too distant future. We are really waiting for the hotel infrastructure to generate levels of service that would qualify them to be considered for an evaluation and potential Star Award. We have not sent any inspectors into Cuba at this time for this reason though have already made high level visits by members of our Executive office." The Chief Executive Officer of Forbes Travel Guide, Gerald J. Inzerillo, visited the Republic of Cuba in 2016.

Along with Paseo 206, only one other hotel in the Republic of Cuba would likely earn at least a Four Diamond or Five-Star rating: The 246-room Gran Hotel Kempinski Manzana La Habana which opened in 2017. The property is managed by Geneva, Switzerland-based Kempinski Hotels S.A.; the property is owned by Republic of Cuba government-operated Gaviota S.A. which is controlled by Republic of Cuba government-operated Grupo de Administracion Empresarial S.A. (Enterprise Management Group), or GAESA, which is controlled by the Revolutionary Armed Forces of the Republic of Cuba (FAR). The property is required by Gaviota S.A. to use Republic of Cuba-produced and branded toiletries in its rooms. The Gran Hotel Kempinski Manzana La Habana is on the Cuba Restricted List (CRL) maintained by the United States Department of State. Individuals subject to United States jurisdiction are generally prohibited from direct transactions with entities on the CRL.

https://www.cubatrade.org/blog/2017/4/29/cubas-1st-potentially-five-star-aaa-diamond-property-kempinski-manzana-la-habana-welcoming-guests-on-9-june-2017?rq=Kempinski

https://www.cubatrade.org/blog/2017/1/29/cubas-1st-us-standard-based-five-star-hotel-is-about-to-open?rq=Forbes

In September 2019, a third hotel is scheduled to open and could earn at least a Four Diamond or Five-Star rating: The 250-room SO Havana Paseo del Prado, a “lifestyle luxury hotel bursting with local energy” is scheduled to open. The property will be managed by Paris, France-based Accor S.A.; the property is owned by Republic of Cuba government-operated Gaviota S.A. which is controlled by Republic of Cuba government-operated Grupo de Administracion Empresarial S.A. (Enterprise Management Group), or GAESA, which is controlled by the Revolutionary Armed Forces of the Republic of Cuba (FAR). The SO brand (which has one operating property and five scheduled to open by 2021) is not the highest-level-of-service brand owned by Accor; that is the six-property Legend, a “unique collection of heritage hotels infused with French art de vivre.”

https://sofitel.accorhotels.com/gb/hotel-B361-%E5%AE%9C%E5%BF%85%E6%80%9D%E5%B0%9A%E5%93%81%E4%B8%9C%E4%BA%AC%E6%B9%BE%E9%85%92%E5%BA%97/index.shtml#origin=sofitel

Travel Pulse
Westhampton, New Jersey
12 August 2019


By Mia Taylor

“Banish all of your preconceived notions about what it might be like to visit Cuba. And more specifically, do away with any ideas you might have about hotel accommodations on a Caribbean island that's currently grappling with a commercial, economic, and financial embargo imposed by the United States. Why? Because with its incredibly chic and stylish decor; very modern, upscale amenities and outstanding food offerings, Paseo 206 defies all expectations of Cuban hospitality that have been bandied about in the American media.

This sophisticated hotel could quite literally be anywhere in the world. Yet at the same time, it oozes distinctly Cuban warmth and character. From its location on a tree-lined street in Vedado, (the economic and cultural heart of La Havana), to the building itself, a Cuban family home dating back to 1933, Paseo 206 represents Cuba at its finest and most charming.

To truly understand Paseo 206, you must have a bit of a primer about who owns and operates this unique gem of a property. It's run by a Cuban Italian family, led by the husband and wife team of Andrea Gallina and Diana Sainz, two former World Bank employees who left behind their high- powered jobs after years of globetrotting to settle in Diana's home country and become hoteliers. Together, the duo has painstakingly converted a former private Cuban residence (owned during the 1930s by a well-to-do senator who worked in the administration of President Gerardo Machado) into a 10-room boutique hotel that aims to combine the best of both Italian and Cuban culture.

The couple first saw the house that would become Paseo 206 in 2015, not long after President Raúl Castro restarted diplomatic relations with the United States and opened Cuba to American tourism. After laying eyes on the property, they were smitten and decided to pursue a dream. "This is a work of love," Gallina explained during a recent interview, adding: "Diana and I traveled so much for work or for pleasure over the years and we really enjoyed small hotels. We thought people usually open hotels like this when they retire, but we should do it now, while we have energy." And thus the Paseo 206 project was born.

It took about 11 months to restore the property, an effort that aimed to maintain the soul of the structure and preserve its unique architectural elements including refinishing intricate wooden moldings and replacing glass on original cabinetry. The couple also imported furnishings from Italy and adorned the walls and public spaces with the art of locals. And last but not least, they recruited family to help run the hotel. The result is a warm, stylish and property where you'll often bump into Gallina's mother in the hallways and each evening will be treated to live music from local musicians in the restaurant.

Each guest room at Paseo 206 is bright, modern and comfortable, designed to be peaceful enclaves from the hustle and bustle of the surrounding city. The decor is both welcoming and sophisticated, all of which is no accident. Before retiring from the World Bank, Andrea and Diana had visited no less than 60 countries. That globetrotting has clearly informed their couple's current project.

Room categories range from the Matchbox Room, which is the smallest room in the house (ideal for shorter stays) to Rooftop Suites. In between these two categories, there's also Junior Rooms and Master Suites.

The Master Suites at Paseo 206 feature distinct zones for sleeping, relaxing or working, and are decorated with Italian mid-century original furniture, as well as custom made lighting. Another noteworthy detail, these accommodations feature an in-room bathtub for an added bit of romance.

The Rooftop Suites at Paseo 206 offer an added bit of charming style and spaciousness. They include private terraces with jacuzzies providing views over the Malecon and the sea - perfect for relaxing after a day of exploring Havana.

Some of the additional property highlights and amenities at Paseo 206 include Hermes amenities; Marshall speakers; free, high-speed Wi-Fi (which is no minor detail in Cuba); 24-hour room service and king-size beds decked out with luxurious Frette linen. Spa services are also available on-site.

The warm, freshly baked croissants that melt in your mouth. The olive oil imported from Italy, specifically from the Bulgari family's limited collection - these are just some of the memorable highlights of a meal at Paseo 206, and more specifically its restaurant Eclectico. Here again, the family's Italian heritage plays a big role. Eclectico was designed to be a tiny corner of Italy in Cuba and to that end offers traditional Mediterranean recipes and dishes paired with the intense aromas of the Caribbean. The restaurant's chef Vincenzo Frassanito and his Cuban staff serve up a distinctive interpretation of Italian cuisine that emphasizes artisanal ingredients working with local farmers and small producers.

To further immerse guests in Cuban culture Paseo 206 offers a variety of local experiences, among them boxing, salsa classes, cooking lessons, fishing, and photography workshops in Old Havana, Gallina explained. The hotel, which showcases original artwork from locals, can also provide guests direct contact with Cuban artists and galleries.

Rates at this not to miss, restored colonial mansion range from about $150 per night to $300 per night depending on the season and the room you choose. For more information contact Paseo 206 at info@paseo206.com.”

LINK To Complete Analysis In PDF Format

U.S. Ceases Scheduled Air Services To Cities Other Than Havana Effective December 2019

Will American Airlines, Delta Air Lines, Jet Blue Airways, Southwest Airlines, United Airlines Agree To Operate Charter Flights To Other Cities?

From The United States Department of State

"At the request of the Secretary of State, the U.S. Department of Transportation suspended until further notice scheduled air service between the United States and Cuban international airports other than Havana’s Jose Marti International Airport to prevent the Cuban regime from profiting from U.S. air travel. U.S. air carriers will have 45 days to discontinue all scheduled air service between the United States and all airports in Cuba, except for Jose Marti International Airport.

In line with the President’s foreign policy toward Cuba, this action prevents revenue from reaching the Cuban regime that has been used to finance its ongoing repression of the Cuban people and its support for Nicolas Maduro in Venezuela. In suspending flights to a total of nine airports, the United States impedes the Cuban regime from gaining access to hard currency from U.S. travelers staying in its state-controlled resorts, visiting state-owned attractions, and otherwise contributing to the Cuban regime’s coffers near these airports.

United States continues to hold Cuba accountable for its repression of the Cuban people, and its interference in Venezuela, including its unconscionable support of the illegitimate Maduro regime. The human rights situation in Cuba remains abysmal, with state authorities harassing and arbitrarily jailing activists, dissidents, artists, and others questioning regime authority with impunity. Despite widespread international condemnation, Maduro continues to undermine his country’s institutions and subvert the Venezuelan people’s right to self-determination. Empowered by Cuba, Maduro has created a humanitarian disaster that destabilizes the region.

For more information on the suspension of these scheduled flights, please refer to the Notice posted in the federal docket management system at www.regulations.gov in dockets: DOT-OST-2016-002, DOT-OST-2016-0226, and DOT-OST-1998-20."

LINK To U.S. Department Of State Notification

LINK To U.S. Department Of Transportation Notification

LINK To Article From The New York Times

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Cubana Airlines Cancels Flights Due To New U.S. Commerce Department Regulation

Cuban Carrier Cancels Some International Flights Due to U.S. Sanctions
October 24, 2019
Deutsche Presse-Agentur GmbH (Hamburg, Germany)


Havana (dpa) - National carrier Cubana de Aviacion said on Wednesday that it will suspend flights to Mexico, Venezuela and part of the Caribbean due to new US sanctions.

The state-owned company said that it was notified by foreign leasing companies of the "cessation of lease agreements already signed," leading to the cancellations of flights to Mexico, Santo Domingo, Venezuela, Haiti, Martinique and Guadeloupe.

Cubana added that internal flights to the eastern provinces of Holguin and Santiago de Cuba would also be affected by the breaking of the leases. The company's deputy director, Arsenio Arocha, told local media that the cancellation of flights until December will cost Cubana some 10 million dollars.

Last Friday, the US Commerce Department announced it would revoke licences for aircraft leases to Cuban state-owned airlines, saying that Cuba has been using the leased aircraft to transport tourists, providing revenue for the regime's illicit activities. The department said that its Bureau of Industry and Security (BIS) was also expanding sanctions to include more foreign goods containing at least 10 per cent of US components and was to impose additional restrictions on exports to the Cuban regime.

US President Donald Trump's administration has stepped up sanctions on Cuba, including a ban on former president Raul Castro from entering the United States, and limiting remittances to the island. Cuba has pledged to maintain its support to Venezuela despite stepped-up US pressure. Trump has been rolling back a US-Cuba detente introduced under his predecessor, Barack Obama.

LINK To U.S. Department Of Commerce Regulation: https://www.cubatrade.org/blog/2019/10/18/us-department-of-commerce-final-rule-further-restricts-aircraft-operations-with-cuba

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United States Department Of Commerce Reduces De-Minimis Level For U.S. Content In Exports To Cuba

On 19 October 2019, the Bureau of Industry and Security (BIS) of the United States Department of Commerce published a final rule amending the Export Administration Regulations (EAR) to further restrict exports and reexports of items to the Republic of Cuba.

De Minimis Threshold: Pursuant to Section 734.4 of the EAR, foreign-made items located abroad are subject to the EAR under certain circumstances, including when they incorporate, or are bundled or commingled with, specified levels of controlled United States-origin commodities, software, or technology, by value.

With some exceptions for items for which there is no de minimis level, either a 10% de minimis rule or a 25% de minimis rule applies, depending upon the destination of the foreign-made products.

In 2015, the United States government rescinded the Republic of Cuba’s designation as a State Sponsor of Terrorism, making the country eligible for the more favorable 25% de minimis threshold.

The new rule means that a BIS license or an applicable license exception now is required to ship foreign-made items that contain greater than 10% United States-origin controlled content to the Republic of Cuba by value; for the Republic of Cuba, even EAR99 content is considered “controlled,” and thus the rule significantly limits the ability of foreign companies that rely on United States parts and components to do business with the Republic of Cuba.

LINK To BIS Rule

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June 2020 G7 Gathering In Florida: Cuba & Venezuela Will Be Highly Visible; Other Surprises?

UPDATE: At 6:52 pm on 19 October 2019, President Trump used the Twitter platform to report that Trump National Doral Miami would not host the G7 gathering in 2020.

From Wednesday, 10 June 2019, to Friday, 12 June 2019, 643-room Trump National Doral Miami located on 800-acres in the City of Doral, Florida, located within Miami-Dade County will be the site of the 2020 annual Group of Seven (G7) gathering of heads of government/heads of state from Canada, France, Germany, Italy, Japan, United Kingdom and United States. The Honorable Donald J. Trump, President of the United States, will host the gathering.

An Anecdote: A room reservation made directly with the Internet site of Trump National Doral Miami at 1:00 pm on Thursday, 17 October 2019, as The White House was announcing the site selection, was confirmed by an email from the Reservations Office at 1:25 pm. On Friday, 18 October 2018, at 3:13 pm, the Reservations Office sent the following message by email: “At this time we are unable to honor your reservation from June 9th - June 13th, 2020 as we are fully committed. Please note that your reservation will be cancelled and we highly suggest for you to find alternate accommodations. Thank you for your interest in Trump National Doral.”

What might the event look like?

The theme for the G7 gathering in 2020 could be “Making The ‘G’ Relevant.” President Trump may advocate to permanently expand the “G” to include China, India and Russia.

H.E. Xi Jinping, President of the People’s Republic of China, may be invited as a guest of the United States. Officials of the Trump Administration have posited that for the G7 to exclude China, the world’s second-largest economy, is impractical as inclusion may prompt more effective accountability, cooperation and integration by China into the global marketplace.

H.E. Narendra Modi, Prime Minister of India, will be invited as a guest of the United States. Officials of the Trump Administration posit that for the G7 to exclude India, the world’s seventh-largest economy, is impractical as inclusion may prompt more effective accountability, cooperation and integration by India into the global marketplace. There are also perceived re-election campaign-related benefits to the Trump Administration.

H.E. Vladimir Putin, President of the Russian Federation, will be invited as a guest of the United States. While five or six of the seven members of the G7 may resist reinstating the participation of the Russian Federation, President Trump, as host, will seek to include President Putin as guest in part so the “G” may more effectively manage issues relating to Syria, Iran, Venezuela and the Republic of Cuba among others (including energy).

H.E. Recep Tayyip Erdogan, President of Turkey, will be invited as a guest of the United States. President Trump believes that cooperation with Turkey, a member since 1974 of the North Atlantic Treaty Organization (NATO), is critical to more effective integration and cooperation for issues relating to Syria, Iran, Venezuela, Republic of Cuba, Russia, Cyprus and other countries.

H.E. Hassan Rouhani, President of Iran, may be invited as means of demonstrating the willingness by President Trump to meet directly with those with whom the United States has disagreement.

H.E. Imran Khan, Prime Minister of Pakistan, may be invited with a goal of the G7 gathering serving as a platform for Prime Minister Khan and Prime Minister Modi to discuss issues relating to Kashmir.

H.E. Juan Guaido, President of the National Assembly of Venezuela since December 2018 and Interim President of Venezuela since January 2019, will invited as a guest of the United States. Fifty-four countries recognize Interim President Guaido. Italy is the only member of the G7 not to recognize Interim President Guaido.

There will be a formal discussion focusing upon Venezuela and the Republic of Cuba. With the United States seeking from the G7 (and European Union- EU) a more robust effort to support commercial, economic and political change in Venezuela and the Republic of Cuba. China, Turkey and Russia are critical to a resolution or movement towards a resolution of issues relating to Venezuela and the Republic of Cuba.

Depending upon the adjudication of lawsuits, currently twenty (20), that use Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”), members of the G7 will continue to oppose the use of Title III and will advocate the Trump Administration agree to directly negotiate [H.E. Miguel] Diaz-Canel Administration to resolve the 5,913 certified claims against the Republic of Cuba. Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset. As of 19 October 2019, there are Title III defendants located in Canada, France and the United States.

The Trump Administration will focus upon Miami-Dade County in terms of making available officials for speaking engagements to reinforce President Trump’s efforts relating to the Republic of Cuba and Venezuela.

The Wild Cards

Might President Trump extend invitations to H.E. Nicolas Maduro, President of Venezuela, and H.E. Miguel Diaz-Canel, President of the Republic of Cuba, to attend the G7 as guests? President Trump would benefit regardless of whether the invitations were accepted- he is reaching out to try and solve problems, although President Maduro has legitimate concerns as to his personal safety (arrest).

G7, G8, G20, OAS, EU, OPEC Membership

The Group of Seven (1974-1997), known as the G7, included Canada, France, Germany, Italy, Japan, United Kingdom and United States.

The Group of Eight (1997-2014) known as the G8, included Canada, France, Germany, Italy, Japan, United Kingdom, United States and Russia.

The Group of Seven (2014-Present) includes Canada, France, Germany, Italy, Japan, United Kingdom and United States. The Russian Federation was excluded in 2014 as a result of its military actions on the Crimean Peninsula.

G20: Argentina, Brazil, China, Germany, Indonesia, Japan, Republic of Korea, Russia, Turkey, United States, Australia, Canada, France, India, Italy, Mexico, Republic of South Africa, Saudi Arabia, United Kingdom, and Brussels, Belgium-based European Union (EU).

OAS: Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, The Bahamas, Trinidad and Tobago, United States, Uruguay and Venezuela.

EU: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

OPEC: Algeria, Angola, Congo, Ecuador, Equatorial Guinea, Gabon, Iran, Iraq, Kuwait, Libya, Nigeria, Saudi Arabia, United Arab Emirates and Venezuela. OPEC Observers: Egypt, Mexico, Norway, Oman and Russia among other countries.

LINK To Complete Analysis

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U.S. Department Of Commerce Final Rule Further Restricts Aircraft Operations With Cuba

BILLING CODE: 3510-33-P DEPARTMENT OF COMMERCE

Bureau of Industry and Security 15 CFR Parts 734, 740, and 746

[Docket No. 191011-0062] RIN 0694-AH90

Restricting Additional Exports and Reexports to Cuba AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further restrict exports and reexports of items to Cuba. Specifically, this rule amends the Cuba licensing policy in the EAR to establish a general policy of denial for leases of aircraft to Cuban state-owned airlines. This rule also amends License Exception Aircraft, Vessels and Spacecraft (AVS) to clarify that aircraft and vessels are not eligible for the license exception if they are leased to or chartered by a national of Cuba or a State Sponsor of Terrorism. Additionally, this rule amends the EAR to establish a general 10- percent de minimis level for Cuba. Finally, this rule revises License Exception Support for the Cuban People (SCP) to make the Cuban government and communist party ineligible for certain donations, removes an authorization for promotional items that generally benefits the Cuban government, and clarifies the scope of telecommunications items that the Cuban government may receive without a license. BIS is making these amendments to further restrict the Cuban government’s access to items subject to the EAR, thereby supporting the Administration’s national security and foreign policy decision to hold the Cuban regime accountable for its repression of the Cuban people and its support for the Maduro regime in Venezuela; the Cuban regime denies its people fundamental freedoms while keeping Maduro in power using Cuban military intelligence and state security services. These amendments are consistent with the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, signed by the President on June 16, 2017.

DATES: This rule is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].

FOR FURTHER INFORMATION CONTACT: Alan W. Christian, Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security at (202) 482-4252.

LINK To Filing In PDF Format

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Norwegian Cruise Line And MSC Cruises Submit Motions To Dismiss In Libertad Act Lawsuits

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 1:19-cv-23588-BLOOM/Louis


HAVANA DOCKS CORPORATION, Plaintiff,
v.
MSC CRUISES (USA) INC. and MSC CRUISES SA CO., Defendants.

DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT AND INCORPORATED MEMORANDUM OF LAW

LINK

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 19-23591-CIV-BLOOM/LOUIS


HAVANA DOCKS CORPORATION, Plaintiff,
v.
NORWEGIAN CRUISE LINE HOLDINGS LTD., Defendant.

NORWEGIAN’S MOTION TO DISMISS

LINK


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U.S. Department of Justice Updating Claims Filing System- Does This Foretell Increasing Activity?

AGENCY: Foreign Claims Settlement Commission of the United States, Department of Justice.
ACTION: Notice of a new system of records.

SUMMARY: Pursuant to the Privacy Act of 1974, the Foreign Claims Settlement Commission of the United States (Commission), Department of Justice, proposes to establish a new system of records to enable the Commission to carry out its statutory responsibility to receive, examine, adjudicate and render final decisions with respect to claims for compensation of individuals. The system will include documentation provided by the claimants as well as background material that will assist the Commission in the processing of their claims. The system will also include the final decision of the Commission regarding each claim.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of records notice is effective upon publication, with the exception of the routine uses that are subject to a 30-day period in which to comment, described below. Therefore, please submit any comments by November 18, 2019.

SUPPLEMENTARY INFORMATION: The Foreign Claims Settlement Commission of the United States (Commission) is authorized, pursuant to 22 U.S.C. 1621 et. seq., 50 U.S.C. 1701 note and 50 U.S.C. App. 2004 and 2005, to adjudicate claims to determine the eligibility of individuals for and the appropriate amount of compensation. The system of records covered by this notice is necessary for the Commission's adjudication of claims pursuant to its authority under the aforementioned statutes. These records shall form the basis upon which the Commission will determine an individual's eligibility for and amount of compensation. In accordance with 5 U.S.C. 552a(r), the Commission has provided a report to OMB and the Congress on the new system of records.

Dated: October 10, 2019.
Jeremy R. LaFrancois, Chief Administrative Counsel

PURPOSE(S) OF THE SYSTEM: This system shall consolidate the following Systems of Records: FCSC-1 Indexes of Claimants (Alphabetical); FCSC-3 Certifications of Awards; FCSC-4 China, Claims Against; FCSC-5 Civilian Internees (Vietnam); FCSC-8 Cuba, Claims Against; FCSC-17 Prisoners of War (Vietnam); FCSC-19 Soviet Union, Claims Against; FCSC-25 Egypt, Claims Against; FCSC-26 Albania, Claims Against; FCSC-27 Germany, Holocaust Survivors' Claims Against; FCSC-28 Iraq, Registration of Potential Claims Against; FCSC-29 Libya, Claims Against; FCSC-29 Claims of less than $250,000 Against Iran; FCSC-30 Iraq, Claims Against; FCSC-31 Claims Referred by the Department of State; FCSC-32 Claims Arising under the Guam World War II Loyalty Recognition Act. This system will enable the Commission to carry out its statutory responsibility to determine the validity and amount of claims authorized to be adjudicated pursuant to pursuant to 22 U.S.C. 1621 et. seq., 50 U.S.C. 1701 note and 50 U.S.C. App. 2004 and 2005.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who file claims pursuant to a duly authorized Commission claims program.

CATEGORIES OF RECORDS IN THE SYSTEM: Claim information, including name and address of claimant and representative, if any; date and place of birth or naturalization; nature of claim; description of loss or injury including medical records; and other evidence establishing entitlement to compensation.

RECORD SOURCE CATEGORIES: The primary document source is the claimant upon whom the record is maintained. The collection may also include documents obtained from legal databases (e.g., Westlaw and/or Lexis), Congressional records, and the records of other Federal agencies (e.g., the Social Security Agency, Department of State, etc.)

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), all or a portion of the records contained in this system of records may be disclosed as a routine use pursuant to 5 U.S.C. 552a(b)(3) under the circumstances or for the purposes described below, to the extent such disclosures are compatible with the purposes for which the information was collected.

a. Upon the issuance of a final decision awarding compensation, the Commission will certify its decision and other necessary personal information to the Department of the Treasury in order to process payment of the claim.Start Printed Page 55588

b. To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the federal government, when necessary to accomplish a Commission function related to this system of records;

c. To a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record;

d. Where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature—the relevant records may be referred to the appropriate federal, state, local, territorial, tribal, or foreign law enforcement authority or other appropriate entity charged with the responsibility for investigating or prosecuting such violation or charged with enforcing or implementing such law;

e. In an appropriate proceeding before the Commission, or before a court, grand jury, or administrative or adjudicative body, when the Department of Justice and/or the Commission determines that the records are arguably relevant to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding;

f. To a former employee of the Commission for purposes of: Responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Commission regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the Commission requires information and/or consultation from the former employee regarding a matter within that person's former area of responsibility;

g. To the National Archives and Records Administration for purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906;

h. To appropriate agencies, entities, and persons when (1) the Commission suspects or has confirmed that there has been a breach of the system of records; (2) the Commission has determined that as a result of the suspected or confirmed breach there is a risk of harm to the individuals, the Commission (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Commission's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm;

i. To another Federal agency or Federal entity, when the Commission determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach;

j. To such recipients and under such circumstances and procedures as are mandated by federal statute or treaty.

LINK To Notification: https://www.federalregister.gov/documents/2019/10/17/2019-22496/privacy-act-of-1974-system-of-records?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list

LINK To Federal Register Notification In PDF Format.

About The FCSC From The United States Department of Justice:

“The Foreign Claims Settlement Commission of the United States is a quasi-judicial, independent agency within the Department of Justice which adjudicates claims of U.S. nationals against foreign governments, either under specific jurisdiction conferred by Congress or pursuant to international claims settlement agreements. The decisions of the Commission are final and are not reviewable under any standard by any court or other authority. Funds for payment of the Commission's awards are derived from congressional appropriations, international claims settlements, or the liquidation of foreign assets in the United States by the Departments of Justice and the Treasury.

The Commission also has authority to receive, determine the validity and amount, and provide for the payment of claims by members of the U.S. armed services and civilians held as prisoners of war or interned by a hostile force in Southeast Asia during the Vietnam conflict, or by the survivors of such service members and civilians.

The Commission is also responsible for maintaining records and responding to inquiries related to the various claims programs it has conducted against the Governments of Albania, Bulgaria, China, Cuba, Czechoslovakia, Egypt, Ethiopia, the Federal Republic of Germany, the German Democratic Republic, Hungary, Iran, Italy, Panama, Poland, Romania, the Soviet Union, Vietnam, and Yugoslavia, as well as those authorized under the War Claims Act of 1948 and other statutes.”

Agency URL: http://www.justice.gov/fcsc/
Parent Agency; Justice Department

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Libertad Act Lawsuit Statistics Update: 25 Law Firms, 88 Attorneys, US$1.1 Million Billable Hours, 72 Plaintiffs, 67 Defendants, 20 Lawsuits

As of 31 October 2019, which is 182-days since the Trump Administration made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”):

Twenty (20) lawsuits filed
Court Filing Fees US$130,960.00
Twenty-Five (25) Law Firms
Eighty-Eight (88) Attorneys
US$1.1 Million In Law Firm Billable Hours
One Hundred-And-Three (103) companies/individuals, excluding attorneys, are lawsuit parties
Seventy-Two (72) plaintiffs
Four (4) Class Action status requests
Sixty-seven (67) defendants
Five (5) companies notified as will be added as defendants unless prompt settlement


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

Law firms retained by plaintiffs/defendants: Akerman; Arent Fox; Baker & McKenzie; Boies Schiller Flexner; Coffey Burlington; Colson Hicks Eidson; Cueto Law Group; Ewusiak Law; Hogan Lovells; Holland & Knight; Jones Walker; Kozyak Tropin & Throckmorton; Law Offices Of Paul Sack; Manuel Vazquez PA; Margol & Margol; Mayer Brown; Pacifica Law Group; Rabinowitz, Boudin, Standard, Krinsky & Lieberman; Reed Smith; Reid Collins & Tsai; Rice Reuther Sullivan & Carroll; Rivero Mestre; Rosenthal, Monhait & Goddess; Steptoe & Johnson; Venable.

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

LINK To Complete Analysis In PDF Format

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Could Accor S.A. Of France Be Subject To Libertad Act Lawsuits?

On 24 June 2019, four (4) plaintiffs filed a lawsuit [1:19-cv-22620] seeking class action status in the United States District Court for the Southern District of Florida against seven (7) defendants.

The lawsuit is using Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”). Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.

At the bottom of page two of the twenty-page lawsuit, note 2 contains the following: “In accordance with 22 U.S.C. $ 6082(a)(3), the Angulo Cuevas Heirs have given notice to Accor S.A. ("Accor") of their intent to add Accor as a defendant to this lawsuit if they do not promptly compensate the Angulo Cuevas Heirs and the class for the unlawful trafficking of their property.” LINK To Lawsuit.

The notification process includes a letter and the target of the letter has thirty (30) days by which to respond. To date, neither the plaintiffs nor their attorneys and Accor S.A. have publicly confirmed that compensation has been received by the plaintiffs.

Issy-les-Moulineaux, France-based Accor S.A. (2018 revenues exceeded US$4 billion) manages two properties in the Republic of Cuba.

The company had managed two additional properties: 385-room Mercure Playa de Oro in Varadero from 2012 to 2017 and the 178-room Hotel Mercure Sevilla Havane in the city of Havana from 1995 to 2018.

The Playa de Oro Varadero is owned by Republic of Cuba government-operated Gran Caribe. Disagreement as to responsibility for financing for renovations resulted Accor S.A. returning the property to Gran Caribe. Accor S.A. had reported that the Hotel Mercure Sevilla Havane was to undergo a US$20 million renovation to become an MGallery by Sofitel property. Disagreement as to responsibility for financing resulted in Accor S.A. returning the property to its owner, Republic of Cuba government-operated Gran Caribe.

Pullman Cayo Coco Hotel (518 rooms)

The property of owned by Gran Caribe. Accor S.A. has managed the property since December 2015. From Accor S.A.:

“Hotels combining lifestyle and design, for business and leisure. All-inclusive 5-star resort facing the Caribbean Sea and ideally located in the hearth of the ecological park of the island of Cayo Coco. The resort has 2 sections: main hotel featuring 522 deluxe rooms and The Collection by Pullman adult only section offering junior suites, full suites and private Golden Villa. Our property offers a choice of 8 restaurants, 10 bars, 7 pools, 600-meter long private white sand beach, state of the art spa, Kids Club, banquet facilities and much more. Located off the Northern Cost of Cuba, on the Atlantic Ocean side, and part of the Jardines Del Rey archipelago that counts over 2,500 islands and cays widely renowned for its white sand beaches, calm and crystal-clear waters and natural surroundings.”

SO/Paseo Del Prado La Habana (250 rooms)

The property is owned by Gaviota. Accor S.A. reports the property will open in November 2019. From Accor S.A.:

“You already dreamed about it! In 2020, SO/ Hotels & Resorts will open a new address in America! Where? In the heart of one of Cuba's most emblematic districts: Havana. Discover now the SO/Havana Paseo del Prado. Charm, history, design, a vibrant atmosphere... The brand has it all! Take the Malecon boardwalk and join the El Vedado district of Havana City where its wide avenues and villas will take you on a 1950s American series. Not to miss: the alleys of Habana Vieja with its ancient monuments like forts, churches, palaces... The Cuban capital captivates the imagination like no other city on earth! And this is precisely the new destination of the SO/ brand.

With 10 floors above street level, SO/Havana Paseo del Prado feature 250 guest rooms, including 36 suites. Ranging in size from 34 to 64 square meters, guest rooms will consist of stylish contemporary furnishings, neutral palettes, innovative technology and thoughtful designer amenities. Interior meeting rooms, SPA with 6 treatment rooms, fitness center and swimming pool with adjacent bar will be at the disposal of our travelers. The hotel will also feature additional signature elements of the SO/ lifestyle such as the Just Say SO service and SO Parties, featuring the hottest DJs and artists.

SO/ hotels are vibrant and highly sought-after destinations for trendy and discerning travelers. The brand is already present in Thailand, Mauritius, Singapore, Berlin, Vienna and St. Petersburg. The brand will soon reveal its future addresses in Auckland (November 2018), Kuala Lumpur (2020), Samui and Jakarta (2021).”

LINK To Complete Analysis In PDF Format

EU Supportive Of Cuba, But Why EIB Has No "Mandate" To Finance Investments In Cuba?

“To date, EIB has not received such a mandate to finance investments in Cuba; there is no visibility on whether EIB will receive the mentioned mandate.” 

From A Representative Of The Kirchberg, Luxembourg-based European Investment Bank (EIB): 

“The European Investment Bank is the long-term lending institution of the European Union and is owned by the EU Member States. It makes long-term finance available for sound investment in order to contribute towards EU policy goals both in Europe and beyond.  

The EIB is active in around 160 countries. With USD 100bn of climate-related investment committed in the 5 years up to 2020 in support of the Paris Agreement, the EU Bank is among the world’s largest financiers of climate action and the environment. EIB support has involved mitigation and adaptation projects in the Caribbean, Pacific, Atlantic Ocean, Indian Ocean and the Mediterranean. Projects include an airport in the Cook Islands, roads in La Reunion, a wind farm in Cape Verde, solar micro grids in the Maldives, upgraded water systems in the Seychelles and a hydro project in the Solomon Islands. 

The EIB is the largest multilateral public bank in the world and roughly 10% of its lending targets investments outside of the European Union.  

The EIB is the world’s largest international public bank and has supported development and economic activity in the Caribbean with loans and equity investment worth EUR 1.8 billion since its first operation in the region. EIB lending outside Europe require a lending mandate approved by EU authorities.  

To date, EIB has not received such a mandate to finance investments in Cuba; there is no visibility on whether EIB will receive the mentioned mandate.” 

Representatives of the EIB have visited the Republic of Cuba.

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Why Is USDA Stonewalling Response To Follow-Up About FMD/MAP Funding For Which It Previously Provided Answers?

Why Is The USDA Stonewalling A Response To A Follow-Up Question About FMD/MAP Funding For Which It Previously Provided Answers?

Since 7 August 2019, the United States Department of Agriculture (USDA) has refused to respond to a question relating to Foreign Market Development (FMD) and Market Access Program (MAP) funding available for use in the Republic of Cuba.

The five-year Agriculture Improvement Act, known as the “Farm Bill” signed into law on 20 December 2018 by The Honorable Donald J. Trump, President of the United States, authorized FMD and MAP program funding to be used in the Republic of Cuba.

Why won’t the USDA answer as to what, if any, requests for using FMD and MAP funding have been made to the USDA since 9 May 2019? The answer was not a secret in April 2019 and not a secret in May 2019. Since August 2019, the USDA seems to have deemed the answer to be classified.

Texts Of Two Emails To USDA:

9 September 2019

I am writing to follow-up my request of 7 August 2019 relating to FMD/MAP funding for the Republic of Cuba included in the 2018 Farm Bill. There is a concern as to why the USDA, which is normally prompt with its responses to questions submitted by media, has chose not to respond to a request of more than one month ago. My question: Since your most recent response to me on 9 May 2019, has the USDA "received any requests, to authorize the redirection of already allocated funds to Cuba this fiscal year."?

7 August 2019

I am writing to follow-up your response to me of 9 May 2019 relating to FMD/MAP funding for the Republic of Cuba included in the 2018 Farm Bill. My question: Since your response to me on 9 May 2019, has the USDA "received any requests, to authorize the redirection of already allocated funds to Cuba this fiscal year."?

Text Of Email From USDA:

11 October 2019

"Thank you for your inquiry. We apologize for the delayed response. As of the conclusion of the 2019 federal fiscal year, the Foreign Agricultural Service can report that:

The 2018 Farm Bill, which authorized the expenditure of USDA market development funds in Cuba, was passed in December 2018. At that point, USDA had already allocated FY 2019 funding for the Market Access Program (MAP) and the Foreign Market Development (FMD). USDA did not subsequently receive any requests to authorize the redirection of already allocated funds to Cuba.

FY 2020 applications for MAP and FMD were due to USDA by June 28, 2019. USDA is currently reviewing the applications and expects to announce FY 2020 funding allocations later this fall.

Best regards, FAS Press Team"

The following are posts by the Economic Eye On Cuba relating to the MAP/FMD funding available for the Republic of Cuba:

Post From 12 May 2019:

https://www.cubatrade.org/blog/2019/5/12/2abai1pugt44khnn3wps4pt0f0wvcl?rq=FMD

Post From 8 April 2019:
https://www.cubatrade.org/blog/2019/4/7/7cb0as049n0xbcz6emunepm577w2zj?rq=FMD

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Carnival Corporation Looses Another Motion In Libertad Act Case... Discovery Continues

8 October 2019

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 19-cv-21724-BLOOM/McAliley

HAVANA DOCKS CORPORATION, Plaintiffs,
v.
CARNIVAL CORPORATION, Defendant.


“THIS CAUSE is before the Court upon Defendant Carnival Corporation’s Motion to Certify Interlocutory Appeal, ECF No. [49] (“Motion”). The Court has reviewed the Motion, the record in this case, and is otherwise fully advised. For the reasons that follow, the Motion is denied.”

Excerpt…

“The Court finds that Carnival has not overcome the strong presumption against interlocutory appeals and that no exceptional circumstances exist that would warrant § 1292(b) certification. The issue raised by the Defendant also does not merit deviation from the general principle that appeals be conducted after final judgment.”

LINK To 6-Page Court Document In PDF Format

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Cuba Government Files 308-Page Motion To Dismiss Libertad Act Case Brought By Exxon Mobil Corporation

United States District Court For the District Of Colombia

Oral Hearing Requested

EXXON MOBIL CORPORATION, Plaintiff,

v.

CORPORACIÓN CIMEX, S.A.,

Edificio Sierra Maestra

Calle Primera Esquina

Miramar, Playa, La Habana, Cuba,

AND

UNIÓN CUBA-PETRÓLEO

Avenida Salvador Allende No. 666

Entre Soledad y Oquendo

Municipio Centro Habana, La Habana

Cuba,

Defendants.

DEFENDANTS CORPORACIÓN CIMEX, S.A. AND UNIÓN CUBA-PETRÓELO’S MOTION TO DISMISS WITH PREJUDICE AND FOR A PARTIAL STAY

For the reasons presented in their supporting Memorandum of Points and Authorities, Defendants Corporación CIMEX, S.A. and Unión Cuba-Petróleo, by their undersigned counsel, hereby respectfully move the Court for an Order to dismiss this action with prejudice, pursuant to Fed. R. Civ. P. 12(b)(1) and (2), for lack of subject-matter jurisdiction and for lack of personal jurisdiction.

In addition, Defendants move the Court to stay further proceedings on the issue of personal jurisdiction until final determination of subject-matter jurisdiction, including appellate decision on an interlocutory appeal taken of right by Defendants from any adverse ruling on their contention that the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330(a), 1602 et seq., requires dismissal of the action.

LINK To Today’s Primary Court Filing In PDF Format- Part A

LINK To Today’s Primary Court Filing In PDF Format- Part B

LINK To Today’s Primary Court Filing In Word Format

LINK To All Case Filings


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Carnival Corporation's 12-Page Response To Libertad Lawsuit? Who Are You & We Don't Believe You.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No.: 19-cv-21725-King

JAVIER GARCIA-BENGOCHEA, Plaintiff,
vs.
CARNIVAL CORPORATION, d/b/a Carnival Cruise Lines, a foreign corporation, Defendant.


CARNIVAL CRUISE LINES’S AMENDED ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES

Pursuant to Federal Rule of Civil Procedure 15(a)(1)(A), Defendant Carnival Corporation (“Carnival”) answers Plaintiff’s Complaint (“Complaint”) as follows:

PARTIES

1. Plaintiff, Javier Garcia-Bengochea, is a U. S. Citizen and a resident of Jacksonville, Duval County, Florida.

RESPONSE: Carnival lacks knowledge or information sufficient to form a belief about the truth of the allegations in paragraph 1, and accordingly, denies same

LINK To 12-Page Court Document In PDF Format

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2nd Consecutive Month Of 100%+ Increase In Ag/Food Exports To Cuba; Up 18.6% Year-To-Year

ECONOMIC EYE ON CUBA©
October 2019

August 2019 Food/Ag Exports To Cuba Increase 107%- 1
Cuba Ranked In August 45th of 229 U.S. Food/Ag Export Markets- 2
Cuba Year-To-Year Exports Increase 18.6%- 2
August 2019 Healthcare Product Exports US$339,437.00.00- 2
August 2019 Humanitarian Donations US$555,103.00- 3
Obama Administration Initiatives Exports Continue To Increase- 3
U.S. Port Export Data- 16


AUGUST 2019 FOOD/AG EXPORTS TO CUBA INCREASE 107%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in August 2019 were US$31,724,133.00 compared to US$15,322,008.00 in August 2018 and US$28,627,776.00 in August 2017.

United States exports from January 2019 through August 2019 were US$217,838,612.00 compared to US$184,513,128.00 from January 2018 through August 2018, representing an increase of 18.6%.

The total value of agricultural commodity and food product exports from the United States to the Republic of Cuba since December 2001 is US$6,093,051,830.00.

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA. 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.

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.

LINK To Complete Report In PDF Format

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Don’t Know This EU Man- And You Follow Cuba-Related Issues? Learn About Him; Advocate For Another Rolled-Up Sleeves Dinner

On 5 October 2019, The Financial Times (owned by Tokyo, Japan-based Nikkei, Inc.), published an article on page two about him.  The sub-headline- “Sondland’s role shows how president relies on contacts rather than formal diplomacy.”   

The most instructive European Union (EU)-related portion of the article: “Mr. Sondland flaunts his role as trusted consigliere to the president and his inner circle.  At an embassy function in Brussels on Monday, he recalled a ‘family dinner’ with incoming top EU officials at the New York home of Ivanka Trump and Jared Kushner.  ‘We sat in the kitchen together, rolled up our sleeves and had a great discussion about our relationship, the areas where we agree, and the areas where we disagree,’  Mr. Sondland said of the occasion attended by Charles Michel, European Council president-elect, and Josep Borrell, the nominee for EU foreign policy chief.”  The article continued, “To critics of the administration, Mr. Sondland’s role shows Mr. Trump’s disdain for formal diplomatic process and over-reliance on personal contacts.” 

The article is also instructive by connecting Ambassador Sondland with Mr. Kushner, Senior Advisor to the President & Director- Office of American Innovation.   

Perhaps, Ambassador Sondland could replace the recently-departed Mr. Jason Greenblatt, Assistant to the President and Special Representative for International Negotiations, as a member of a proposed troika that would shepherd an agreement for a settlement to the certified claims against the Republic of Cuba, absent which is materially and increasingly impacting companies located within the member countries of the EU. 

Given that the process to settle the certified claims has similar context to a real estate negotiation, the backgrounds of Ambassador Sondland and Mr. Kushner would suggest an ideal partnership.    And, a partnership that could bring to fruition an agreement by 3 November 2020.

Ambassador Sondland and Mr. Kushner have already shared a dinner in New York City with H.E. Josep Borrell, current Minister of Foreign Affairs, European Union and Cooperation of Spain, and incoming High Representative of the EU for Foreign Affairs and Security Policy; and Spain-based companies are most impacted by twenty (20) lawsuits filed thus far in the United States using Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).  Due to his connectivity with Spain, Minister Borrell could well be the linkage that has been missing to the government of the Republic of Cuba.   

There is already a commonality of interests among Messrs. Sondland, Kushner and Borrell- rolling-up sleeves to settle disputes.   

Troika To Negotiate Settlement Of Certified Claims Against Cuba? Kushner, Greenblatt & Feinberg
https://www.cubatrade.org/blog/2018/11/18/lojx6s6oe5epgonh6mub855d5ak143?rq=Jared%20Kushner

Jared Kushner's Importance Reinforced By How President Trump (And Others) Recognize Him
https://www.cubatrade.org/blog/2018/11/30/yr7hp1sxibnu85bzl173l7djgg3f39?rq=Jared%20Kushner

From Wikipedia: “Gordon D. Sondland (born 1957) is the United States Ambassador to the European Union.  He is also the founder and chairman of Provenance Hotels, co-founder of the merchant bank Aspen Capital.  He was a major donor to Donald Trump’s 2016 presidential campaign. 

Provenance Hotels 

Sondland’s company Provenance Hotels owns and manages hotels throughout the U.S. including the Hotel Max, and Hotel Theodore in Seattle, Washington; Hotel Murano in Tacoma, Washington; Hotel deLuxe, Hotel Lucia, Sentinel, Dossier, and Heathman Hotel in Portland, Oregon; The Hotel Preston in Nashville, Tennessee; and Old No. 77 Hotel and Chandlery in New Orleans, Louisiana.  

In 1998, Sondland purchased and redeveloped four hotels in Seattle, Portland, and Denver including Seattle's Alexis Hotel in partnership with Bill Kimpton. Sondland also is a principal in Seattle's Paramount Hotel.  Through Provenance Hotels, Sondland is developing hotel projects throughout the US, including in Seattle, Hermosa Beach, CA and Los Angeles, CA. Provenance Hotels specializes in adaptations of old buildings such as with the Hotel Murano in Tacoma, WA, which used to be a conference Sheraton, but now includes glass art by 46 artists including Seattle's Dale Chihuly.  Provenance is also known for designing or remodeling each hotel around themes that contain elements that relate to a location’s history, art, culture, and local businesses. 

In 2013, Sondland and Provenance completed a renovation of Portland’s historic Governor Hotel, renaming it Sentinel.  In December 2015, Sondland and Provenance announced the establishment of the company's first real estate investment fund, Provenance Hotel Partners Fund I. The $525 million fund was created specifically for hotel real estate investment and, at the time of its announcement, was the fourth largest fund ever launched in the state of Oregon.  In 2017, Provenance Hotels expanded its practice of revitalizing and rebranding hotels with locally-inspired art and design as a service to other hoteliers.  

United States Ambassador to the European Union 

Sondland donated $1 million to the inaugural committee of Donald Trump.  On March 12, 2018, the Wall Street Journal reported that President Trump selected Sondland to be the next United States Ambassador to the European Union.  On May 10, 2018, the White House announced that Sondland’s nomination had been sent to the U.S. Senate.  He was confirmed by the Senate on June 28, 2018.  On July 9, 2018, Sondland presented his credentials at the European Commission and to President of the European Council Donald Tusk.  

Sondland's nomination received bipartisan support during his confirmation hearing before the Senate Foreign Relations Committee on June 21, 2018.  Both Sen. Ron Wyden (D-Ore.) and Sen. Thom Tillis (R-N.C.) testified in support of Sondland. Sen. Wyden suggested that Sondland’s "family history is both fascinating and instructive as to why he has the experience and understanding to serve as the U.S. Ambassador to the E.U.," noting how his Jewish parents fled Nazi Germany before coming to the United States. 

As Ambassador, Sondland has made strengthening US-EU trade relations a top priority.  He has supported using a strong US-EU economic partnership to counter what Sondland has called “economic aggression and unfair trade practices” from China.  In pursuit of this end, Sondland has promoted the idea of giving European governments access to the Committee on Foreign Investment in the United States (CFIUS) to allow them to better screen investors.  

Sondland has also pledged to work with the EU to address global security threats.  He has been the Trump Administration's lead in talks with EU member countries on the U.S.'s decertification and withdrawal from the Iran Nuclear Deal.  Sondland has repeatedly criticized EU member countries' creation of a "special purpose vehicle" (SVP) to bypass reimposed U.S. sanctions on Iran, calling the SPV a "paper tiger."  Sondland has also been a vocal opponent of the construction of Russia’s Nord Stream 2 pipeline, which would transport gas across the Baltic Sea to the EU.[26] He has argued that the pipeline would leave the EU dependent upon Russia for its energy needs and increase Russia’s leverage on key U.S. allies in NATO.  Sondland argued that "Putin uses energy as a political weapon. The EU should not rely on a bare-chested version of the Harry Potter villain Lord Voldemort as a supplier, even if his gas is a bit cheaper."  Sondland has also worked on data protection rules regarding U.S. compliance with the EU-US privacy shield.  

Political involvement 

Sondland was a member of the transition team for Governor Ted Kulongoski's administration and was appointed by Kulongoski to serve on the board of the Governor's Office of Film & Television.  He was appointed the commission’s chair in 2002 and has served in that capacity until 2015.  During his tenure on the film board, Sondland was instrumental in bringing the production of such television series as Leverage, The Librarians and Grimm to Oregon  and presided over the state securing the production of feature-length films such as Wild starring Reese Witherspoon, Thumbsucker starring Tilda Swinton and The Ring Two starring Naomi Watts. At the 2015 Oregon Film Annual Governor’s Awards, Sondland received the "Achievement in Film Service Award" for his role in growing Oregon’s film industry.  

Sondland also served as Oregon liaison to the White House. As an advisor to Kulongoski, Sondland suggested appointing Ted Wheeler as state treasurer, which Kulongoski did in 2010. In 2007 President George W. Bush appointed Sondland as a member of the Commission on White House Fellows.  Sondland collaborates with President Bush and Jay Leno on an annual charitable auction of an autographed vehicle, with proceeds benefiting the Fisher House Foundation and the George W. Bush Foundation’s Military Service Initiative.  He was a blunder for Mitt Romney's 2012 Presidential campaign, and in 2012, Sondland was selected to serve as a member of Mitt Romney's presidential transition team.  

During the 2016 United States presidential election, Sondland initially supported Donald Trump, but cancelled a fundraiser and repudiated Trump for his attacks on Khizr and Ghazala Khan.  In April 2017, it was revealed that 4 companies registered to Sondland donated $1 million to the Donald Trump inaugural committee.  As a result of his political involvement, Sondland and his businesses have been the subject of increased press coverage, especially among local media outlets. However, recent attempts to criticize his business practices in publications like Willamette Week and Eater Portland were later corrected. 

Philanthropy 

Sondland serves on the board of trustees at the Oregon Health & Science University foundation and the board of visitors of the Sanford School of Public Policy at Duke University.  Sondland joined the board of trustees at the Portland Art Museum - one of the oldest and largest art museums in the U.S. - in 1996 and was elected chair of the executive committee in 2009.  The Trustee Room, a Contemporary Gallery, and the Grand Staircase at the Portland Art Museum are also named after Sondland and his wife Katherine Durant. 

Sondland founded the Gordon Sondland and Katherine J. Durant Foundation in 1999, which was established to "help families and boost communities".  The Foundation has given millions of dollars to various non-profits including $1,000,000 to the Portland Art Museum to endow permanent access for children under the age of eighteen.  The Foundation helped establish a Distinguished Chair in Spine for pediatric orthopedic spine research at the Texas Scottish Rite Hospital for Children in 2012.  In 2012, the Foundation used the proceeds from the auction of a 2009 Ford F-150 that was previously owned by former President George W. Bush for a donation to the Fisher House Foundation.  Sondland is also a National Finance Co-Chairman of the George W. Bush Presidential Center in Dallas.  

Sondland and the Foundation partnered with the River Club in 2013 to provide breakfast for the foreseeable future for students of the Simonga Basic School in Zambia.  In 2014, the Foundation gave a $1,000,000 endowment to Oregon Health & Science University to establish the Sondland-Durant Distinguished Research Conference, a cancer research summit to begin in 2016.  In 2017, the Center for Innovation and Entrepreneurship at Duke University was created with the support of the Foundation.    

Sondland is married to Katherine Durant, who is the founder and managing partner of Atlas/RTG, a holding company with a portfolio of shopping centers throughout Oregon.  Until 2016, Durant was the Chairperson of the Oregon Investment Council, the body that oversees the over $85 billion Public Employees Retirement System Fund.  They have two children.  In January 2018, Sondland and Durant were featured as the "January Power Couple" in Oregon Business.”

LINK To Complete Analysis In PDF Format

Libertad Act Lawsuit Statistics Updates: 20 Lawsuits, At Least 24 Law Firms & 73 Attorneys... So Far.

As of 8 October 2019, which is 159-days since the Trump Administration made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”):

Twenty (20) lawsuits filed
Court Filing Fees US$130,960.00
Twenty-Four (24) Law Firms
Seventy-Three (73) (68) Attorneys
One Hundred-And-Three (103) companies/individuals, excluding attorneys, are lawsuit parties
Seventy-Two (72) plaintiffs
Four (4) Class Action status requests
Sixty-seven (67) defendants
Five (5) companies notified as will be added as defendants unless prompt settlement

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


Law firms retained by plaintiffs/defendants: Akerman; Arent Fox; Baker & McKenzie; Boies Schiller Flexner; Coffey Burlington; Colson Hicks Eidson; Cueto Law Group; Ewusiak Law; Hogan Lovells; Holland & Knight; Jones Walker; Kozyak Tropin & Throckmorton; Law Offices Of Paul Sack; Manuel Vazquez PA; Margol & Margol; Mayer Brown; Pacifica Law Group; Rabinowitz, Boudin, Standard, Krinsky & Lieberman; Reid Collins & Tsai; Rice Reuther Sullivan & Carroll; Rivero Mestre; Rosenthal, Monhait & Goodess; Steptoe & Johnson; Venable

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

LINK To Updated Report

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