Southwest Airlines Cancelling Flights From Fort Lauderdale To Havana, Cuba, Joining Other Airlines Cancelling United States-Cuba Routes Due To Lack Of Passengers.

Southwest Airlines cancelling flights between Fort Lauderdale, Florida, and Havana, Republic of Cuba, due to a lack of profitability for the route….

“SOUTHWEST AIRLINES EXTENDS FLIGHT SCHEDULE WITH NEW INTERNATIONAL OPTIONS AND MOST-EVER DEPARTURES

• Southwest announces enhanced international service from Orlando, subject to governmental approvals

• The carrier’s published schedule grows to all-time high of 4,526 departures

DALLAS—Oct. 26, 2023—Southwest Airlines Co. (NYSE: LUV) today extended its flight schedule through Aug. 4, 2024, bringing new international service and expansive growth throughout its network.”

Bottom line, Cuba remains accessible for our South Florida Customers who are willing to consider connecting in Tampa, where we maintain daily service with our bags fly free, no change fees, points and travel funds do not expire value differentiators that platform our friendly way of doing business. Tampa is a far larger operation for Southwest and benefits Customers on more of our network.” Southwest Airlines Spokesperson

LINK To Southwest Airlines Media Release

Will Cuba FMD/MAP Provisions In 2018 Farm Bill Be Retained In 2023 Farm Bill? In Five Years, Only 4.4% Uses Of Programs. In 2018, Advocates Said "Important"

Will Cuba FMD/MAP Provisions In 2018 Farm Bill Be Retained In 2023 Farm Bill? 

Farm Bill Would Have Expired; Now By 17 November 2023 For United States Congress To Decide 

Problem? In Five Years, Four Uses Of FMD And MAP Programs Which Were Defined As “Laying The Groundwork” And “Important” By Legislative Advocates.  Ninety Entities Could Have Used FMD And MAP.

During 2018, legislative advocates maintained that inserting a Market Access Program (MAP) and Foreign Market Development (FMD) provision in H.R. 2, the five-year Agriculture Improvement Act, known as the Farm Bill, signed into law on 20 December 2018 by Donald Trump, 45th President of the United States, was critical to “laying the groundwork” for increasing exports of agricultural commodities and food products to the Republic of Cuba.  Statements from members of the United States Congress included: “… an important first step to regaining our presence in Cuba.”      

LINK: Cuba Was 55th Largest Agricultural Commodity/Food Export Market In 2022. Increased 7.7% From 2021 To 2022; Up 40.2% In December 2021. Surprise: US$288,000.00 In Cigarettes From Tampa, Florida. Feb 9, 2023    

Approximately seventy United States-based entities (primarily trade promotion organizations) annually are identified by the United States Department of Agriculture (USDA) as receiving funding for MAP and approximately twenty entities are identified as receiving funding for FMD.   

LINK: Defining Anemic: In Five Years, 2018 Farm Bill USDA Provision For Cuba Had No Use Of FMD And Two Uses Of MAP. Approximately 90 U.S.-Based Entities Could Have Participated. That’s A 2.2% Use Rate. Feb 3, 2023   

Leading to the enactment of the 2018 Farm Bill, most observers reasonably concluded that legislative advocates- within the United States Congress and organizations in Washington DC and outside of the beltway would have prominently teed-up at least one high-profile applicant to publicize in advance they would use the provision if it became law or at least one high-profile applicant to immediately and publicly request funding when the 2018 Farm Bill became law on 21 December 2018.   

NOTE: The global pandemic, COVID-19, commenced in early 2020 and continued to impact travel worldwide through 2022- and in some countries into early 2023.  The government of the Republic of Cuba did implement arrival restrictions during these periods; and the United States implemented travel restrictions during these periods.  Thus, there were non-marketplace disincentives for commerce-related visits to the Republic of Cuba by delegations from the United States.  However, they remained unconstrained 2019, 2022, and 2023.

The cash-in-advance terms were supported by United States-based exporters while opposed by United States-based agricultural commodity and food product trade promotion organizations.  United States-based exporters were concerned in 2000 and remain concerned in 2023 that with Republic of Cuba government-operated entities maintaining a chronic inability to abide by payment terms other than cash-in-advance, more prudent to retain a perhaps smaller market share with no payment issues rather than a larger market share with endemic, and necessarily publicly-disclosed payment issues.     

The most significant impact of an anemic number of MAP/FMD requests and usage in 2018, 2019, 2020, 2021, 2022, and 2023 is what the lack of interest portends for other legislative efforts in the United States Congress relating to the Republic of Cuba, particularly those focused upon changes to cash-in-advance payment terms for agricultural commodity and food product exports from the United States to the Republic of Cuba required by the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA).  The question opponents will ask: “If authorizing MAP/FMD for Cuba was so important, why have so few organizations used it?”     

The cash-in-advance terms were supported by United States-based exporters while opposed by United States-based agricultural commodity and food product trade promotion organizations.  United States-based exporters were concerned in 2000 and remain concerned in 2023 that with Republic of Cuba government-operated entities maintaining a chronic inability to abide by payment terms other than cash-in-advance, more prudent to retain a perhaps smaller market share with no payment issues rather than a larger market share with endemic, and necessarily publicly-disclosed payment issues.     

Under the Market Access Program, USDA provides competitive, cost-share assistance to U.S. exporters and agricultural, fish, and forest product trade organizations for international marketing and promotion of U.S. commodities and products. More information about the program and the FY 2024 funding opportunity is available at:  https://www.fas.usda.gov/programs/market-access-program-map.   

Under the Foreign Market Development Program, USDA partners with nonprofit agricultural and forest product trade associations to build longer-term international demand for U.S. commodities. More information about the program and the FY 2024 funding opportunity is available at: https://www.fas.usda.gov/programs/foreign-market-development-program-fmd.”  

U.S. Ag/Food Exports Increase 35.8% In August 2023; Up 17.9% Year-To-Year. Puddings, Coffee Extract, Cleaning Preparations (US$1.1 Million), Used Excavating Machines, Used Tractors, Car Parts.

ECONOMIC EYE ON CUBA©
October 2023

August 2023 Ag/Food Exports To Cuba Increase 35.8%- 1
44th Of 225 August 2023 U.S. Food/Ag Export Markets- 2
Year-To-Year Exports Increase 17.9%- 2
Cuba Ranked 52nd Of U.S. 2023 Ag/Food Export Markets- 2
August 2023 Healthcare Product Exports US$0.00- 2
August 2023 Humanitarian Donations US$2,735.263.00- 3
Obama Administration Initiatives Exports Continue- 3
U.S. Port Export Data- 17


AUGUST 2023 FOOD/AG EXPORTS TO CUBA INCREASE 35.8%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in August 2023 were US$39,913,983.00 compared to US$29,383,675.00 in August 2022 and US$27,656,565.00 in August 2021.

August 2023 exports included among other items: Chicken Leg Quarters (Frozen); Chicken Meat (Frozen); Chicken Legs (Frozen); Meat of Swine; Preserved Chicken Meat; Rice; Puddings; Grapes; Coffee; Coffee Extract; Cookies; Waffles and Wafers; Beer; Palm Oil; Hams; Pasta; Corn Chips; Yeasts; Carbonated Soft Drinks; Salt; Sugar; Compressors; Immersion Heaters.

January 2023 through August 2023 TSREEA exports were US$232,487,283.00 compared to January 2022 through August 2022 exports of US$197,037,244.00. Total TSREEA exports since first deliveries in December 2001 exceed:US$7,136,213,649.00.

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.

COMPLETE REPORT IN PDF FORMAT

Cuba: Acknowledging Impact Was Not Necessarily A Shrewd Political Statement. For Biden Administration, If It's Working, Why Change It? For Plaintiffs, Libertad Act Doing What It Was Designed To Do.

Newsweek
Washington DC
3 October 2023

Excerpt from Interview with Carlos Fernandez de Cossio, Deputy Minister of Foreign Affairs of the Republic of Cuba:

"His fourth and final recommendation was for Biden to "suspend the possibility of courts taking action on demands placed for people that claim property in Cuba against investors." Such action is codified in Title III of the 1996 Helms-Burton Act, but Trump took the unprecedented move of allowing lawsuits to proceed for those claiming their property was confiscated during the Cuban Revolution that took place nearly 65 years ago.

"Trump was the first one who allowed it, and Biden, with a surprising loyalty, has followed what Trump decided in that moment," de Cossío said. "It's in [Biden's] hands to change that and stop putting such a deterrent effect on people who want to do business with Cuba, not only investors but in the business of buying and selling [various goods].""

The Trump-Pence Administration (2017-2021) on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”). Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.   

44 Lawsuits Filed (15 certified claimants & 29 non-certified claimants)

Link To Libertad Act Title III Lawsuit Filing Statistics

Links To Related Analyses

U.S. Supreme Court Refuses Request By Expedia To Dismiss Libertad Act Lawsuit. Thus Far, U.S. Supreme Court Has Refused All Libertad Act Titlle III Requests. Case Returns To District Court. Oct 2, 2023

Plaintiff In Four Cruise Line Libertad Act Lawsuit Files Appellate Brief: "underscores the need for strong deterrence to counteract the lure of doing business in Cuba" Sep 29, 2023

Misunderstanding? Cuba Government: Cuban-Americans' PYME Financing, Yes.  PYME Investment, Yes.  PYME Ownership, No.  PMYE Need For Direct Banking With United States, Not Necessary. Sep 29, 2023

Cuba Government Delaying Private Company Investment/Financing Regulations Is Costing Earning Potential For U.S. And Other Country Sources. Success Should Not Be Feared. Sep 25, 2023

Libertad Act Lawsuit Against Expedia: "The Court rejects Defendants' argument that the Amended Complaint should be dismissed because Plaintiff failed to plead around the Lawful Travel Exception." Sep 21, 2023

Surprises? U.S. Ag/Food Exports To Cuba Increased 37.6% In July; Up 14.8% Year-To-Year. Coin Operated Washing Machines, Refrigerant, Microwave Ovens, Manicure/Pedicure Preps, Vehicles, Tires, Sugar Sep 20, 2023

Biden Administration To Issue New/Revised MSME Policies. Reversing Trump Administration Decision But Not Obama Administration Decision. Bank Responsibility? OFAC Penalties?  Sep 18, 2023

In A Rarity... Cuba Deputy Foreign Minister Meets With U.S. Assistant Secretary Of State. Precursor To New U.S. Policy Announcement(s)? Rumors Swirl... Sep 16, 2023

President Biden Continues One-Year Extension Of Trading With The Enemy Act Provisions Relating To Cuba Sep 13, 2023

Default Judgement Against Government Of Cuba For US$2.595 Billion Issued By U.S. District Court In Colorado. Sep 6, 2023

JetBlue And Other Airlines To Suspend All Flights From The United States To Cuba- Lack Of Demand. Sep 1, 2023

Paris Club Of Creditor Nations Reported To Propose New Repayment Schedule For Cuba Which Has Not Maintained A Previous 76% Write-Off From 2015. Aug 31, 2023

Cuba Minister Of Foreign Affairs Said That Only U.S. Vessels Are Permitted For U.S. Exports To Cuba. That Was Inaccurate. Aug 23, 2023

U.S. Supreme Court Refuses Request By Expedia To Dismiss Libertad Act Lawsuit. Thus Far, U.S. Supreme Court Has Refused All Libertad Act Titlle III Requests. Case Returns To District Court.

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC.  Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22619 Southern Florida District; 20-12407 11th Circuit Court of Appeals; Dismissed (8/10/23)]

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

Link: Libertad Act Title III Lawsuit Filing Statistics

United States Supreme Court
Washington DC
3 October 2023


CERTIORARI DENIED: 22-1169 EXPEDIA GROUP, INC., ET AL. V. DEL VALLE, MARIO, ET AL.

Court of Appeals Docket #: 20-12407 Docketed: 06/24/2020
Termed: 11/22/2022
Nature of Suit: 3890 Other Statutory Actions    
Mario Del Valle, et al v. Trivago GMBH, et al    
Appeal From: Southern District of Florida    
Fee Status: Fee Paid    

Case Type Information:
     1) Private Civil
     2) Federal Question
     3) -

Originating Court Information: District: 113C-1 : 1:19-cv-22619-RNS

     Civil Proceeding: Robert N. Scola, Junior, U.S. District Judge
     Date Filed: 06/24/2019        
     Date NOA Filed:            
     06/24/2020            

07/05/2022- Supplemental Authority filed by Appellees BKNG and Booking.com B.V.. [20-12407] (ECF: Michael Duffy)
11/22/2022- Opinion issued by court as to Appellants Mario Del Valle, Enrique Falla and Angelo Pou. Decision: Reversed and Remanded. Opinion type: Published. Opinion method: Signed. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.
11/22/2022- Judgment entered as to Appellants Mario Del Valle, Enrique Falla and Angelo Pou.
12/13/2022- Petition for rehearing en banc (with panel rehearing) filed by Appellees EXPE, Hotels.com GP, LLC, Hotels.com L.P. and Orbitz, LLC. [20-12407] (ECF: David Shank)
12/14/2022- Received paper copies of E-PFR filed by Appellees EXPE, Hotels.com GP, LLC, Hotels.com L.P. and Orbitz, LLC.
01/31/2023- ORDER: The Petition(s) for Rehearing are DENIED and no Judge in regular active service on the Court having requested that the Court be polled, the Petition(s) for Rehearing En Banc filed by Appellees EXPE, Hotels.com L.P., Hotels.com GP, LLC and Orbitz, LLC are DENIED.
02/08/2023- Mandate issued as to Appellants Mario Del Valle, Enrique Falla and Angelo Pou.
05/01/2023- Extension for filing certiorari GRANTED by U.S. Supreme Court.
06/02/2023- Notice of Writ of Certiorari filed as to Appellee EXPE. SC# 22-1169.
07/10/2023- Checked status of certiorari 22-1169 filed as to Appellee EXPE - Pending.