Despite Efforts To Constrain Development Of Micro, Small & Medium-Sized Enterprises, They Are Essential For Cuba To Expand Its Economy And Increase Salaries

Granma
Havana, Republic of Cuba
8 June 2021

Council of Ministers Approves Improvement of Cuban Economic Actors

During a recent session, the Council of Ministers approved plans to improve the work of all actors in the Cuban economy, including the socialist state enterprise; non-agricultural cooperatives; micro, small and medium-sized enterprises; as well as the self-employed

Author: Yaima Puig Meneses

The Council of Ministers reaffirmed that the state enterprise is the principal actor in the national economy and must perform as such. Photo: Estudios Revolución

During its most recent session, the Council of Ministers approved plans to improve the work of all actors in the Cuban economy, including the socialist state enterprise; non-agricultural cooperatives; micro, small and medium-sized enterprises; as well as the self-employed, all of which are called upon to promote the development of the nation, in their respective arenas.

With this decision we are approving a framework for all actors involved in our economic panorama, which goes beyond simple recognition of them, stated the First Secretary of the Communist Party of Cuba and President of the Republic, Miguel Díaz-Canel Bermúdez.

Noting as an essential principle guiding the process of improvement, upon introducing the subject, Political Bureau member and Prime Minister Manuel Marrero Cruz reiterated that the state enterprise is defined as the principal actor in the national economy and, as such, must perform.

Among other principles, he recalled that the expansion of activities conducted by non-state forms of management will not lead to a broader process of privatization, since limits that cannot be exceeded have been established. "Recognizing, diversifying and strengthening the work of economic actors" is another objective of the needed improvement effort, with a view toward all economic actors functioning as defined.

Referring in particular to micro, small and medium-sized enterprises, he explained that they will be part of the state and private sectors, and similar management conditions will be established for both. In the case of private companies, he explained that the list of activities which self-employed workers are not permitted to conduct will serve as a starting point to establish the arenas in which companies will operate. Initially, they will not be allowed to engage in some professional activities, including those that are approved for the self-employed, including computer programming, bookkeeping, translation and interpretation, veterinary care for pets and domestic animals, design and certain types of advisement.

The Prime Minister insisted on the importance of achieving sustained progress in the task, which must advance purposefully and gradually to avoid mistakes. "We need to move forward intelligently, to consolidate each step we take and be able to achieve sustainability."

As part of this discussion, presented were the principal findings from the experiment conducted with non-agricultural cooperatives, initiated in March of 2012. Between 2012 and 2014, 498 cooperatives of this type were authorized.

The Prime Minister explained that the information gathered during reviews during the experimental stage indicated that, in spite of deficiencies, the viability of the approved policy was confirmed. Considering this reality, the decision was made to conclude the experiment and gradually extend the creation of non-agricultural cooperatives to all previously approved sectors, with the exception of construction.

Marrero noted that as part of the measures designed, regulations meant to improve the work of all the economic actors will be issued at the same time.

Based on this decision by the Council of Ministers, work will begin on the respective legal norms for their implementation. As progress is made in this task, the population will be provided updated information.

President Díaz-Canel emphasized that the document approved will advance improvement, as a broad and comprehensive process that provides continuity and follow-up for the Policy Guidelines approved by the 6th and 7th Congresses of the Communist Party of Cuba and reaffirmed at the 8th Congress of the Communist Party of Cuba.

The steps outlined, he said, establish a framework for the country's economic actors, which, above all, reaffirm the centrality of the state enterprise system. Based on what is approved, we will be in a better position," he said, "to advance in certain aspects such as relieving the state of activities that are not fundamental to the economy’s performance, and make better use of the workforce, especially the highly qualified.

"We need the state sector to be more proactive, to be more efficient, to shake off some of the inertia, to be more innovative," he emphasized. He also commented on the importance of consolidating an adequate relationship between the state sector and the non-state sector, which would allow for greater efficiency and innovation.

This improved relationship should allow forgetter use of human potential, productive capacity, experience gained and innovation.

If the process is conducted well, he said, we can successfully integrate the two sectors, strengthen the economy and speed up the country's development. The process will be gradual, but this does not mean we will delay implementation.

It is vital that these measures reach the municipal level, to ensure that different forms of management are involved in territorial development strategies and contribute to the economic growth of localities, where projects can generate employment, increase production and provide services.

Let us definitively eliminate the obstacles that prevent our economic actors from performing with agility, with the ability to contribute to development, he emphasized.

"Here, anything that is inefficient, corrupt or illegal; anything that tends to hinder, that is not innovative or proactive, is harmful, whether it is in the state or non-state sector."

The economy of the future and the present

Foreseeing, designing and planning were fundamental to the process of elaborating the country’s Economic Plan and State Budget for the year 2022, conditioned to a significant extent by the control being achieved of the COVID-19pandemic.

Designed within the context of monetary re-ordering, the Plan of the Economy for next year is based, in the first place, on the concept of centralized planning, stated First Deputy Minister of Economy and Planning Leticia Morales González. This implies consciously leading the process of economic and social development in the country, favoring the incorporation of all forms of property and management. The design fundamentally projects counteracting the effects of economic deceleration; continuing to promote greater interaction between all economic actors; increasing efficiency, efficacy, productivity and innovation; as well as adhering to and continuing to work on the National Development Plan through 2030, she said. While acknowledging the complexity of making projections in such a difficult time, Morales insisted on the urgency of seeking solutions to our problems on our own. "We must work hard, we must find solutions, we must identify potential... and we must be able to reflect all of this in the Plan," she emphasized.

The challenge is to reflect the scenario we foresee within the 2022 Plan, with both objectivity and optimism. The goal cannot be to consider what we have done, and plan to do a little more; no, the goal is to identify what we have not yet done and the capacity we have to do more, she stated.

Also on the agenda for the highest government body’s meeting was a report by the First Deputy Minister of Economy and Planning on the economy’s performance as of the end of April, a period that demonstrated the need to continue seeking untapped potential and produce more.

Production of rice, eggs and corn, she stated, surpassed projections, not the case for starchy vegetables, beans, fresh milk for the industry and pork.

She added that projected indicators of production and efficiency were not met in the sugar industry this season, evident in the backlog accumulated in cane milling.

Regarding employment, she noted that a total of 166,966 persons visited municipal labor offices in search of a job. Of the positions accepted, 55,442 were in the state sector and 50,183 in the non-state sector.

Another issue evaluated by Council of Ministers members was the progress made in implementation of the National Economic and Social Development Plan through 2030, a guiding document for the National Planning System, which directs development efforts with a view toward eliminating structural imbalances in the economy with a strategic vision and closely articulated with the Sustainable Development Goals of the United Nations 2030 Agenda.

Serving the vulnerable, wherever needed

Later in the meeting, Minister of Labor and Social Security Marta Elena Feitó Cabrera presented policy proposals to strengthen prevention and social work in neighborhoods, and for support to individuals, families and households, as well as groups and communities in situations of social vulnerability. As an essential aspect, the Minister commented on support offered to the necessary transformation of preventative social work at the community level, as the most important link. This policy involves recovering the founding principles of social work based on Comandante en jefe Fidel Castro’s conception of preventing, assisting and transforming, thus addressing the full scope of needed action, currently organized at the national, provincial and municipal levels.

She explained that, on the basis of experience gained, the Ministry has identified the need to transform work currently conducted by social workers and recover the original conception of social prevention, particularly in attention to adolescents and focused follow-up on community efforts. Referring to the second document, she explained that its objective is to raise the quality of social services to address situations of social vulnerability, improve, diversify and broaden protection provided by Social Assistance and its services, including the participation of diverse actors. Regarding both policies, which were approved by the Council of Ministers, Deputy Prime Minister Inés María Chapman Waug, emphasized that they constitute fundamental tools that should facilitate local analyses and the adoption of necessary measures to guide programs implemented in each territory. This community work, today more than ever, is essential, she stated. Hence her insistence on including, among actions taken, the projection of social research and coherent work in neighborhoods.

The effects of drought in Cuba

As part of the day's agenda, the president of the National Institute of Water Resources, Antonio Rodríguez, presented an update on the current nationwide drought, reporting that, between December 2020 and April 2021, rainfall on the island has reached only 54% of the average for this period. The lowest provincial accumulations over the last four months were recorded in Havana, Ciego de Avila and Sancti Spiritus, all with precipitation below 30% of the historic average. Additionally, Mayabeque, Cienfuegos, Santiago de Cuba, Camagüey, Matanzas and Villa Clara recorded between 30% and 50%. These low precipitation levels, he noted, have produced an increase in the number of areas impacted by the drought. At the end of November 2020, 13% of the country's municipalities were suffering the effects of limited rainfall, and by the end of March 2021 the figure reached 45%. Nationwide, 552,852 persons are affected by the drought. The populations of Havana, Artemisa, Santiago de Cuba, Camagüey and Guantánamo account for 81% of the total.

In order to alleviate the impact on the population, action being taken to maintain and improve pipelines and networks, construct interconnections between systems, increase the number of pumping stations, and drill wells, among other efforts, which have improved service to more than 780,260 inhabitants, principally in the provinces of Havana, Santiago de Cuba, Las Tunas and Guantánamo, Camagüey and Artemisa. He recalled that, during the 2003-2005 period, a severe drought affected someTwo million people in the country, a figure that was reduced between 2020 and 2021 to about 500,000, as a result of investments made in the water sector nationwide.

Government work in Sancti Spíritus

As the last item on the agenda and in compliance with provisions established in the Constitution of the Republic of Cuba, the governor of Sancti Spiritus, Teresita Romero Rodríguez, presented an accountability report on her administration’s work in the province, the first to conduct this process before the Council of Ministers.

Many actions have been taken, she stated, to improve the populations’ quality of life in the midst of the complex situation the nation is facing, as a result of the escalation of the unjust economic, commercial and financial blockade imposed by the U.S. government on Cuba; damage caused by three severe meteorological events in the province; and the great effort required to confront the COVID-19 epidemic.

Among principal priorities during 2020 and 2021, the Governor identified work to support the food program in the territory. Other programs such as health and education have also been prioritized, while progress was made in the computerization of society and in meeting objectives established in provincial housing policy.

In order to continue advancing in the government’s effectiveness, Governor Romero cited several arenas which require more work. Among these, she emphasized follow-up on the implementation of monetary re-ordering; the identification of untapped potential to generate income for the local budget, as well as the control of expenses and their destinations; improving the quality of services provided the population; and promoting local development projects, in accordance with strategic lines approved in each municipality.

Several members of the Council of Ministers offered their opinions and suggestions for the government’s future efforts in this central territory, which faces a period of much work, learning, and overcoming challenges, in order to increasingly improve the population’s quality of life, and the body approved the Governor’s accountability report and the Resolution proposed in this regard.

f0028547.jpg

Will Cuba Permit Limited Edition “Cuban-American” Hand-Rolled Cigars To Be Created In The United States From 100 Pounds Of Tobacco From Cuba? U.S. Company May Provide Grower Financing

Will the Republic of Cuba permit a limited edition of 10,000 “Cuban-American” hand-rolled cigars to be created in the United States from one hundred pounds of filler, binder, and wrapper sourced from the Republic of Cuba?  If they do, a United States company is ready and may ask the Biden-Harris Administration to authorize crop financing.     

It has sort of happened before. 

For the Republic of Cuba, the re-introduction to the United States marketplace of tobacco leaf grown in the Republic of Cuba would provide a third Hecho en Cuba- Made in Cuba moment, or, depending upon labeling regulations, Procedente de Cuba- Sourced from Cuba moment.   

The government of the Republic of Cuba, through Republic of Cuba government-operated Corporacion Habanos S.A., (2020 revenues US$507 million; 2019 revenues US$531 million) prefers to add value to its agricultural commodity patrimony- grow the tobacco, process the tobacco, create the cigar, create the cigar band, create the cigar box, and then export the final product, thus gaining added-value for its twenty-seven cigar brands. 

With the Biden-Harris Administration (2021- ) training its Republic of Cuba policy towards supporting the self-employed and privately-owned businesses, including those within the agricultural sector, Washington DC might approve an importation and even financing, but how will the [Miguel] Diaz-Canel Administration in Havana respond?  

There are tobacco plantations (small, medium, and large) in the Republic of Cuba that were, prior to the 1959 Revolution, and have remained since, owned by families rather than the government of the Republic of Cuba.  They sell their crop to the government of the Republic of Cuba. 

Tampa, Florida-based J.C. Newman Cigar Co. confirmed the company would entertain providing crop financing for a tobacco plantation which conforms to the “independent Cuban entrepreneurs” requirements of the United States Department of State.  In 2016, the United States Department of State certified certain coffee plantations and charcoal sourcing areas in the Republic of Cuba as meeting the requirements- and those requirements continued to be maintained, without interruption, through the Obama-Biden Administration (2009-2017) and Trump-Pence Administration (2017-2021). 

On 2 June 2021, J.C. Newman Cigar Co. wrote to the United States Department of State to request that raw tobacco from the Republic of Cuba grown by “independent Cuban entrepreneurs” be eligible for import to the United States.  From 1895 to 1962, J.C. Newman Cigar Co. imported tobacco from the Republic of Cuba and retains custody of the last bale of pre-embargo tobacco imported from the Republic of Cuba.   

The request was to “include section IV, chapter 24, heading 2401 (unmanufactured tobacco)” in the list of Goods and Services Eligible for Importation.  LINK To Letter   

Bureau of Economic and Business Affairs
United States Department of State
Washington DC

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

To date, only coffee beans (one importer) and charcoal (two importers) have been included on the list of goods authorized for export from the Republic of Cuba to the United States.  Republic of Cuba government-operated Cubaexport (under the auspice of the Ministry for Foreign Trade and Foreign Investment of the Republic of Cuba) has refused requests to authorize coffee beans for direct export to the United States and thus far refused requests to authorize bulk honey and cocoa beans for direct export to the United States.    

In August 2016, New York, New York-based Nestle Nespresso USA, Inc., a subsidiary of Vevey, Switzerland-based Nestle SA (2019 revenues approximately US$93 billion), introduced to the United States the first of multiple releases of the “Cafecito de Cuba” capsule.  The coffee beans are exported from the Republic of Cuba to Switzerland for processing and then exported to the United States and other countries for sale-at-retail.   

In January 2017 and July 2018, Hialeah, Florida-based Fogo Premium Lump Charcoal purchased a total of four twenty-foot containers of charcoal from the Republic of Cuba for distribution throughout the United States.   

In May 2019, Foley, Alabama-based GulfWise Commerce LLC, affiliated with Foley, Alabama-based Woerner Companies (2019 revenues exceeded US$40 million) purchased two forty-foot containers of charcoal from the Republic of Cuba for distribution (including through Amazon.com and True Value hardware stores) throughout the United States. 

From Mr. Drew Newman, General Counsel, J.C. Newman Cigar Co.: Premium cigar tobacco generally ranges from US$6.00 per pound (basic filler tobacco) to between US$20.00 and US$50.00 (for the finest wrapper leaves).  In general, sixty pounds of tobacco is required to create approximately 1,000 cigars.  One hundred pounds of tobacco can create approximately 1,600 cigars.  Cigars are a blend of tobaccos.  At minimum, five different types of tobaccos are needed to make a cigar (a wrapper leaf, a binder leaf, and three different types of filler leaves).  To create a “Clear Havana” or a cigar with 100% tobacco from Cuba, we would need five different types of tobacco leaves.  With one hundred pounds of one type of tobacco from Cuba, we could blend it with tobacco from the United States to create approximately 10,000 cigars. 

Investment & Financing? 

Currently, only donations to the self-employed, small and medium-sized businesses in the Republic of Cuba are authorized by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury.    

If the Biden-Harris Administration authorizes direct investment and direct loans to the self-employed and small and medium-size enterprises in the Republic of Cuba, particularly those focused upon agriculture, then J.C. Newman Cigar Co. would have both an opportunity and incentive to engage directly with a family-owned tobacco plantation located in the Republic of Cuba and provide crop financing as is standard in the tobacco industry throughout the world.  That financing could include funding to purchase agricultural equipment.   

In November 2017, Moline, Illinois-based Deere & Company (2019 revenues approximately US$39.2 billion) and Peoria, Illinois-based Caterpillar Inc. (2019 revenues approximately US$53.8 billion) established distribution centers located in the Republic of Cuba.   

Antioch, Tennessee-based Wirtgen America, Inc., a subsidiary of Windhagen, Germany-based Wirtgen Group (2019 revenues approximately US$3 billion), a construction equipment machinery subsidiary (acquired in 2017) of Deere & Company has also delivered products to the Republic of Cuba.  Deere & Company reported that the company would provide financing for equipment purchases by authorized Republic of Cuba entities.    

Caterpillar Inc.’s distributor for Caribbean Sea-area countries, San Juan, Puerto Rico-based RIMCO, manages a distribution center in Havana which provides sales, service and rental of brands including Caterpillar and Duluth, Georgia-based AGCO Corporation (2019 revenues approximately US$9.3 billion).  There are no United States government prohibitions upon Caterpillar or RIMCO from providing, directly or indirectly, payment terms and/or financing for equipment exports from the United States to the Republic of Cuba.  

Additional Observation 

If cigar tobacco from the Republic of Cuba were to be permitted to be exported to the United States for the purpose of being a component(s) of a cigar produced in the United States, which component(s) of a cigar would be likely from the Republic of Cuba- wrapper, binder, or filler, to produce the highest quality and most marketable cigar for distribution in the United States? 

From a long-time tobacco industry insider with direct knowledge of the Republic of Cuba:  It is not a simple, direct answer. The complicated part is there is a perennial debate in the cigar industry about the influence of the wrapper on the taste of cigar. Two schools, diametrically opposed; one says that the wrapper accounts for 70 percent of the flavor; the other says exactly the opposite, no more than 30 percent of the final flavor profile, something that more closely reflects the proportion of the wrapper leaf to the whole cigar. I happen to fall in the former category. So, if that being true, then the key ingredient would be the wrapper leaf. Cuban wrapper, at its best which is not always a given, is distinct in its coloration (Colorado or deep reddish brown) and, IMHO, its unique taste, a somewhat indescribable combination of earthiness and spiciness only rarely found in wrapper outside Cuba. But that observation -- the uniqueness in Cuban tobacco flavors -- suggests that the filler is also a dynamic ingredient in the final flavor profile. With filler, the variability is probably less of an issue -- top quality wrapper leaf requires a consistency of appearance in addition to its taste -- and therefore might be a key element in producing a cigar that mirrored the often-alleged superiority of Cuban cigar taste profiles, again, something I would describe generally as earthier and spicier than most non-Cuban tobaccos. What has been a constant among the most knowledgeable men in the industry is that they have talked wistfully about being allowed to use Cuban tobacco in their own blends with Dominican and Nicaraguan tobaccos, using those distinct flavor elements to create something entirely new to the market. Binder tobacco seems to me to be less of an issue...it's one leaf that might add some complexity but wouldn't be a game-changer in any interpretation of the role the three leaf varieties have in a final product.

COMPLETE 3-PAGE ANALYSIS IN PDF FORMAT

Related Posts: 

After A Long Wait... Nespresso Of Switzerland Announces "For A Limited Time" New Releases Of "Cafecito de Cuba" & "Cafe de Cuba" (8/20/20) 

Might Cubaexport In 2020 Permit “Independent Entrepreneurs” To Export Coffee Beans, Cocoa and Honey To The United States? (1/20/20)

J-C-NewMan-Cigar-Company-headquarters.jpg

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

Cigar Aficionado
New York, New York
3 June 2021

Legislation

J.C. Newman Hoping To Import Cuban Tobacco
Petitions U.S. Government To Make Cigars in the U.S. With Cuban Tobacco

By Gregory Mottola

When Drew Newman of J.C. Newman Cigar Co. read an article about the legal importation of Cuban coffee into the United States, he had an idea: why not tobacco? Of course, the obvious answer is the 60-year-old U.S. embargo on Cuban cigars and tobacco, but he figured if the U.S. government allowed Cuban coffee to come into the United States, then his family’s Tampa, Florida cigar company should be able to do the same with tobacco. Newman was so inspired by this idea that he decided to petition the government. Yesterday, he sent a letter to the Office of Economic Sanctions Policy & Implementation asking that the U.S. Department of State rethink its position on importing raw, unfermented Cuban tobacco leaf. 

“The U.S. government allows coffee and other goods from Cuba to be legally imported so long as they are from ‘independent Cuban entrepreneurs,’ ” Newman said. “I am petitioning the U.S. government to add tobacco leaves grown by independent farmers—not the Cuban government—to this list.” 

More than 125 years old, J.C. Newman Cigar Co. has a long history with Cuban tobacco. Like many American cigar manufacturers before the 1961 embargo, the company (then known as M&N Cigar) imported tobacco from Cuba and rolled the cigars in the United States, first in Cleveland and then in Tampa, creating a product known as a “Clear Havana.” From a tax perspective, it was far less expensive to import raw leaf and make the cigars in the U.S. than to import finished, branded cigars that were made in Cuba, which is why Clear Havanas were generally less expensive than Cuban-made brands such as Romeo y Julieta or H. Upmann. “Before President Kennedy imposed the Cuban embargo, my family imported millions of pounds of Cuban tobacco into the United States,” Newman said. “We rolled Clear Havanas, cigars that were made entirely from Cuban tobacco, in our El Reloj cigar factory in Tampa.” 

If the petition works, it would be a return of sorts to the old, pre-embargo days for J.C. Newman, a return the 39-year-old Newman hopes he’ll see in his lifetime. On a larger scale, such a policy change would not only create new opportunities for J.C. Newman, but could possibly re-ignite an entire industry of Clear Havana production in the U.S. “Prior to the embargo, far more cigars were rolled with Cuban tobacco in Tampa than in Cuba because Tampa was home to the world’s best cigar factories,” Newman says. “Allowing us to import Cuban tobacco leaves would allow us to support independent Cuban farmers and to prove, once again, that we can roll better cigars with Cuban tobacco than Cuba can.”

It’s certainly an ambitious proposal, but it’s not without its political problems. Even if the U.S. grants Newman his wish, there are more potential obstacles to overcome regarding Cuba’s complicated economic policies on private ownership and trade. Most major businesses in Cuba, whether industrial or agricultural, are nationalized under the present Communist regime, meaning that most transactions are technically property of the Cuban government. While recent reforms in Cuba have led to some private ownership, dealing with an “independent Cuban farmer” may prove to be difficult if the government decides to step in, as tobacco is a prized—and tightly controlled—source of income for the cash-strapped nation. For this reason, Cuban officials may not be willing to allow farmers to sell off portions of such a lucrative crop if it brings no income to the country.  

But there’s an additional hurdle. Habanos S.A. is still extremely protective of its tobacco appellation and how the origin of denonimation (D.O.P.) is marketed globally. Habanos, a state-run monopoly formed in 1994, controls the promotion and distribution of all premium, handmade cigars that leave the island. Only Habanos can legally classify a cigar as being Cuban or containing Cuban tobacco, and there are presently no third-party premium cigars containing Cuban leaf that Habanos has officially sanctioned. None of this seems to worry Newman much. He’s confident that if he can get stateside permission to import tobacco, his company will find a way to do business that leaves the Cuban government out of the equation. “The Cuban government should not be afraid of having independent farmers export their tobacco to the United States,” he says. “If the Cuban government believes that their cigar rollers are some of the best in the world, they should not be afraid of having American cigar makers roll cigars with Cuban tobacco again just like we did before the embargo.” 

LINK To Text Of Letter From J.C. Newman Cigar Co. In PDF Format

United States Department of State
Washington DC

Section 515.582 List
Bureau of Economic and Business Affairs
Goods and Services Eligible for Importation


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

United States Department of State
Washington DC

“The Office of Economic Sanctions Policy and Implementation is responsible for developing and implementing foreign policy-related sanctions adopted to counter threats to national security posed by particular activities and countries. 

SPI builds international support for implementation of economic sanctions, provides foreign policy guidance to the Department of Treasury and Commerce on sanctions implementation, and works with Congress to draft legislation that advances U.S. foreign policy goals in these areas. 

The Office of Economic Sanctions Policy and Implementation (TFS/SPI) maintains and enforces sanctions to maximize their economic impact on our targets and minimize the damage to U.S. economic interests. We also work to remove economic sanctions when appropriate to reward and incentivize improved behavior or demonstrate U.S. support for newly established democratic governments. In addition, SPI conducts outreach on sanctions issues to a wide range of interested parties including NGOs, companies, diaspora groups, and others. 

Other USG Resources: 

Office of Foreign Assets Control, Department of the Treasury  – OFAC plays a primary role in administering and enforcing many U.S. sanctions programs. In coordination with the Department of State, OFAC issues licenses where appropriate for a variety of goods, services and transactions. OFAC’s website is a useful resource on sanctions programs and on individuals and entities subject to sanctions. 

Bureau of Industry and Security, Department of Commerce  – The Department of Commerce, Bureau of Industry and Security (BIS), is responsible for developing export control policies and issuing export licenses for particular goods/end users/destinations as appropriate in consultation with State, DOD, and Energy. The BIS website is a useful resource for information on which destinations are subject to foreign policy related controls.” 

Related Posts: 

After A Long Wait... Nespresso Of Switzerland Announces "For A Limited Time" New Releases Of "Cafecito de Cuba" & "Cafe de Cuba" (8/20/20) 

Might Cubaexport In 2020 Permit “Independent Entrepreneurs” To Export Coffee Beans, Cocoa and Honey To The United States? (1/20/20)

Libertad Act Lawsuit Against Fanjul Family In Florida For "Trafficking" In Sugar Dismissed By Plaintiff

Francisco Industries, Inc. v. ASR Group International, Inc. [1:21-cv-21679]. 

Kozyak Tropin & Throckmorton PA (plaintiff)
Rasco Klock Perez & Nieto, P.L. (defendant)

LINK To Notice Of Voluntary Dismissal (5/27/21) 

On 2 May 2021, Summit, New Jersey-based Francisco Sugar Company (OTCPK: FRAZ), the 9th largest Certified Claimant (US$53,389,438.37), filed a Libertad Act Title III lawsuit against West Palm Beach, Florida-based ASR Group International, Inc. (2019 revenues approximately US$500 million) relating to a shipment of sugar from the Republic of Cuba to the United Kingdom.  ASR Group International is a part of the commercial holdings of the Fanjul brothers (estimated net worth US$8.2 billion)- Alfonso "Alfy" Fanjul Jr., José "Pepe" Fanjul, Alexander Fanjul, and Andres Fanjul. 

The Trump Administration (2021-2021) 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.    

PREVIOUS POST:

Fanjul Family Responds To Libertad Act Lawsuit-Plaintiff "conduct is malicious and aimed only at tarnishing the reputation of ASR Group and the Fanjul family." (11 May 2021) 

istockphoto-626502360-170667a.jpg

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

By authorizing privately-owned SMSE's, the government of the Republic of Cuba expands the engagement landscape for the Biden Administration (2021- ) to shift from only authorizing donations to cuentapropistas to authorizing individuals and companies in the United States to deliver direct investment and direct loans to the re-emerging private sectors located throughout the Republic of Cuba. On the scale of importance for the United States business community, the Diaz-Canel Administration (2019- ) has delivered a significant decision which can rekindle the interest in the Republic of Cuba by United States companies.

Granma
Havana, Republic of Cuba
2 June 2021


Aprueba Consejo de Ministros perfeccionamiento de actores de la economía cubana

El Consejo de Ministros aprobó en su más reciente sesión el perfeccionamiento de los actores de la economía cubana, que incluye a la empresa estatal socialista; a las cooperativas no agropecuarias; a las micro, pequeñas y medianas empresas y al trabajo por cuenta propia, convocados todos a impulsar, cada uno desde su ámbito, el desarrollo de la nación.

“The Council of Ministers approves the improvement of actors in the Cuban economy

The Council of Ministers approved in its most recent session the improvement of the actors of the Cuban economy, which includes the socialist state enterprise; non-agricultural cooperatives; to micro, small and medium-sized enterprises and self-employment, all summoned to promote, each one from their own sphere, the development of the nation.”

Prensa Latina
Havana, Republic of Cuba
2 June 2021


Impulsa Cuba perfeccionamiento de actores de la economía

La Habana, 2 jun (Prensa Latina) Cuba avanza hoy en el perfeccionamiento de la economía y la integración de sus actores, luego de que el Consejo de Ministros aprobara disposiciones relacionadas con la empresa estatal socialista y otras formas de gestión.

“Cuba promotes improvement of economic actors

Havana, Jun 2 (Prensa Latina) Cuba is advancing today in the improvement of the economy and the integration of its actors, after the Council of Ministers approved provisions related to the socialist state enterprise and other forms of management.”

United States Department of State
Washington DC
20 May 2021

United States Secretary of State Antony Blinken

“The United States recommits to accompanying the Cuban people in your quest to determine your own future. We will support those improving the lives of families and workers, cuentapropistas who have forged their own economic paths, and all who are building a better Cuba – and a better tomorrow for themselves in Cuba.” (Emphasis added.)

Miami Herald
Miami, Florida
6 April 2021


“Cuba’s Ministry of Foreign Trade and Foreign Investment is opening the door to Cuban Americans who want to participate in foreign investment projects as the island tries to jump-start its beleaguered economy and encourage Washington to loosen sanctions. Katia Alonso, the ministry’s director of foreign capital investments, told the Miami Herald by email in response to a list of questions that Cuba won’t reject potential business bids from Cuban Americans based on the sole fact that they live in the U.S. — something she said the law has never prohibited, though in the past exile entrepreneurs haven’t always been welcomed either. “Cuba is open to foreign capital regardless of its place of origin,” Alonso explained, “so if a Cuban American were interested — whether they were born in the U.S. or migrated to that country — in investing on the island, their interest would be evaluated just like any other potential investor from any other place of origin.””

The White House
Washington DC
22 March 2016


President Barack Obama at the Gran Teatro de la Habana

“In a global economy, powered by ideas and information, a country’s greatest asset is its people. In the United States, we have a clear monument to what the Cuban people can build: it’s called Miami. Here in Havana, we see that same talent in cuentapropistas...And in recent years, the Cuban government has begun to open up to the world, and to open up more space for that talent to thrive. In just a few years, we've seen how cuentapropistas can succeed while sustaining a distinctly Cuban spirit. Being self-employed is not about becoming more like America, it’s about being yourself.”