One Year Anniversary Since Re-Establishment Of Diplomatic Relations.... What Are The Results?

On 20 July 2015, the United States and the Republic of Cuba re-established formal diplomatic relations.

More than one hundred sixty (160) representatives of the United States Government have visited the Republic of Cuba.

More than eighty (80) representatives of the government of the Republic of Cuba have visited the United States.

During the last twelve months, four (4) governors, eleven (11) members of the United States Senate and forty-two members of the United States House of Representatives have visited the Republic of Cuba.

President Barack Obama visited the Republic of Cuba in March 2016.

One year into the change in relationship, there have been structural changes in the commercial, economic and political relationship.

One year into the change in relationship, there have been symbolic changes in the commercial, economic and political relationship.

REPORT: What Have The Governments Of The United States And Republic Of Cuba Agreed To Or Done, Or Not (Yet) Done Since 17 December 2014

What The 2016 Republican Platform Says About Cuba.....

2016 Republican Platform

"We want to welcome the people of Cuba back into our hemispheric family — after their corrupt rulers are forced from power and brought to account for their crimes against humanity.

We stand with the Women in White and all the victims of the loathsome regime that clings to power in Havana. We do not say this lightly: They have been betrayed by those who are currently in control of U.S. foreign policy. The current Administration’s “opening to Cuba” was a shameful accommodation to the demands of its tyrants. It will only strengthen their military dictatorship.

We call on the Congress to uphold current U.S. law which sets conditions for the lifting of sanctions on the island: Legalization of political parties, an independent media, and free and fair internationally-supervised elections.

We call for a dedicated platform for the transmission of Radio and TV Martí and for the promotion of internet access and circumvention technology as tools to strength Cuba’s pro-democracy movement.

We support the work of the Commission for Assistance to a Free Cuba and affirm the principles of the Cuban Adjustment Act of 1966, recognizing the rights of Cubans fleeing Communism."

Complete Text (Page 50 For Cuba References)

Bangor Maine Airport Receives License From The OFAC To Provide Cuba Refueling, Catering, De-Icing & Crew Services

Bangor International Airport (BGR) in Maine has received a license from the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury to provide services for non-United States aircraft seeking to make non-traffic transit stops (re-fueling, catering, deicing, crew services).  BGR used the services of Washington, DC-based Kirstein & Young PLLC to prepare the OFAC license application.

From the OFAC license (click here for the complete text):

SECTION 1 – AUTHORIZATION: Subject to the conditions and limitations stated herein, Bangor International Airport (the “Licensee”) is hereby authorized to engage in all transactions necessary to provide services in connection with non-traffic transit stops to non-Cuban foreign airlines operating flights to and from Cuba, as described in the Application.

Authority:  31 C.F.R. § 515.801.

SECTION 2 – WARNINGS: (a) This License authorizes the provision of services only to aircraft engaged in non-traffic transit stops. This License does not authorize the provision of services to any aircraft that takes on new passengers or whose passengers enter the United States for immigration purposes.

According to The Honorable Susan Collins (R- Maine) and The Honorable Angus King (I- Maine), "...not permitting transit stops, the U.S. is out of compliance with several international transportation agreements, including the Chicago Convention and the U.S.-EU Open Skies Agreement."

On 25 May 2016, Senators Collins and King introduced legislation (S.2990) to remedy the issue; on 26 April 2016, The Honorable Bruce Poliquin (R- Maine) and The Honorable Chellie Pingree (D- Maine) introduced legislation (H.R. 5071) to remedy the issue.

From Senator Collins:
25 May 2016

Washington, D.C.—U.S. Senators Susan Collins (R-ME) and Angus King (I-ME) introduced legislation today (S.2990) that would permit foreign air carriers traveling to or from Cuba to make non-traffic, transit stops in the United States.

“Under the current travel ban, foreign air carriers are forced to make transit stops in Canada rather than the United States, and any potential profit for U.S. airports flies right across the border along with the planes,” said Senators Collins and King in a joint statement.  “Our bill would provide American airports and workers the opportunity to compete with Canadian airports and would align U.S. policy with existing international air travel agreements.”

“This amendment will ensure the U.S. abides by its bilateral and international transport agreements and help to bring business back to Central Maine,” said Anthony Caruso Jr., Airport Director of Bangor International Airport.  “This will allow us to compete on a fair and level playing field with Canadian airports.”

During these transit stops, passengers do not disembark the plane and no new passengers board the aircraft.  Yet, these stops are valuable for airports and their employees who can offer fuel, de-icing, catering, and crew services.  By not permitting transit stops, the U.S. is out of compliance with several international transportation agreements, including the Chicago Convention and the U.S.-EU Open Skies Agreement.

In addition, the current restriction on transit stops means that U.S. airports, such as Bangor International Airport, not only lose revenue related to flights to or from Cuba, they are also passed over by foreign carriers traveling to or from other destinations in North America, Central America, and the Caribbean.

Permitting these stops would not result in any incremental benefits to Cuba because these flights currently make transit stops in Canada.  The Collins-King legislation would simply allow U.S. airports to compete on a fair and level playing field with Canadian airports that currently provide this service without restriction by the Canadian government.

114th CONGRESS
2d Session
S. 2990
IN THE SENATE OF THE UNITED STATES
May 25, 2016

Ms. Collins (for herself and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs
A BILL
To prohibit the President from preventing foreign air carriers traveling to or from Cuba from making transit stops in the United States for refueling and other technical services based on the Cuban Assets Control Regulations.
1.
Air travel between the United States and Cuba permitted
(a)
In general
Notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(b)), and except as provided in subsection (b), the President may not directly or indirectly prohibit the provision of technical services otherwise permitted under an international air transportation agreement in the United States for an aircraft of a foreign air carrier that is en route to or from Cuba based on the restrictions set forth in part 515 of title 31, Code of Federal Regulations (commonly known as the "Cuban Assets Control Regulations").
(b)
Exceptions
This section shall not apply— (1) if— (A) the United States is at war with Cuba; (B) armed hostilities between the United States and Cuba are in progress; or (C) there is imminent danger to the public health or physical safety of United States citizens; or (2) to foreign air carriers that— (A) are owned by the Government of Cuba; or (B) are based in Cuba.

114th CONGRESS
2d Session
H. R. 5071
IN THE HOUSE OF REPRESENTATIVES
April 26, 2016

Mr. Poliquin (for himself and Ms. Pingree) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To prohibit the President from regulating the provision of certain technical services in the United States for an aircraft of a foreign air carrier that is en route to or from another country, and for other purposes.
1.
Short title
This Act may be cited as the "Insourcing American Airport Jobs Act of 2016".
2.
Prohibition on regulation of provision of technical services for aircraft
(a)
In general On and after the date of enactment of this Act, and subject to subsection (b)— (1) the President may not regulate or prohibit, directly or indirectly, the provision of technical services, otherwise permitted under an international air transportation agreement, in the United States for an aircraft of a foreign air carrier that is en route to or from another country; and (2) any regulation in effect on such date of enactment that regulates or prohibits the provision of technical services described in paragraph (1) shall cease to have any force or effect with respect to such services.  
(b)
Exceptions
Subsection (a) shall not apply— (1) if the country concerned is a state sponsor of terrorism; or (2) in a case in which— (A) the United States is at war with the country concerned; (B) armed hostilities between the United States and the country concerned are in progress; or (C) there is imminent danger to the public health or the physical safety of travelers to the country concerned.
(c)
State sponsor of terrorism defined
In this section, the term "state sponsor of terrorism" has the meaning given that term in section 1605A(h)(6) of title 28, United States Code.
(d)
Applicability
This section applies to actions taken by the President before the date of enactment of this Act that are in effect on such date of enactment, and to actions taken on or after such date.

DOT Approves FedEx For First Scheduled All-Cargo Service to Cuba

15 July 2016

DOT Approves First Scheduled All-Cargo Service to Cuba. 

The U.S. Department of Transportation (DOT) approved FedEx’s uncontested application to become the first all-cargo airline to provide scheduled flights to Cuba. 

FedEx has thus far been the only all-cargo carrier to seek scheduled authority to Cuba.  FedEx will begin once-daily Monday through Friday service between Miami, Florida and Matanzas, Cuba, beginning January 15, 2017. 

On February 16, 2016, Secretary Foxx signed an arrangement with the Cuban government to re-establish scheduled air service between the two countries after more than 50 years.  Under the new arrangement, each country has the opportunity to operate up to 20 daily roundtrip flights between the U.S. and Havana, and up to 10 daily roundtrip flights between the U.S. and each of Cuba’s other nine international airports.  DOT’s award of non-Havana authority to FedEx is in addition to DOT’s June 10th approval of six U.S. airlines to begin scheduled combination services to Cuban cities outside Havana.  All of these non-Havana applications were uncontested.  DOT’s proceeding on the award of Havana authority is ongoing. 

The Department’s decision and other documents in the U.S.-Cuba case are available online at regulations.gov, docket DOT-OST-2016-0021.

Cuba's Visitors Increase- Tourists & Non-Tourists.... And Their Money Is Welcomed

The Ministry of Tourism of the Republic of Cuba (MINTUR) reported a total of 3,524,779 visitors in 2015 compared to 3,002,745 tourist arrivals in 2014, representing an increase of 17%. 

Jose Marti International Airport (HAV) in the city of Havana, Republic of Cuba, received 1,685,381 arrivals in 2015, representing an increase of 21% compared to 2014.

HAV received 48% of all arrivals in 2015, with passengers originating primarily from the countries of the United States, France, Italy, Mexico, Spain, the United Kingdom and Germany.

According to MINTUR, more than 450,000 United States citizens/United States residents (presumably meaning individuals of Cuban descent visiting family in the Republic of Cuba) were among the 3,524,779 total visitors to the Republic of Cuba in 2015.   According to the United States Department of State, there were approximately 700,000 "United States visitors" to the Republic of Cuba in 2015 (540,000 individuals of Cuban descent and 160,000 not related to family-visits).

In 2015, MINTUR reported 161,233 visitors from the United States; this number excluded individuals of Cuban descent (with or without Republic of Cuba-issued passports) who visited the country.

For The First Four Months Of 2016

From 1 January 2016 to 9 May 2016, 51,458 United States citizens (not including individuals of Cuban descent visiting family) visited the Republic of Cuba, compared to 37,459 during the same period in 2015. 

From 1 January 2016 to 9 May 2016, 38,476 United States citizens (not including individuals of Cuban descent visiting family) visitors traveled directly from the United States to the Republic of Cuba, compared to 29,213 during the same period in 2015.

From 1 January 2016 to 9 May 2016, 12,982 United States citizens (not including individuals of Cuban descent visiting family) arrived to the Republic of Cuba through third countries, compared to 8,246 during the same period in 2015.  Transit countries included Mexico, the Bahamas, Jamaica and the Cayman Islands.

MINTUR reports that there are approximately three hundred (300) hotels within the Republic of Cuba, ranging from one star to five star with most being one star to three star, with a approximately 62,000 to 66,000 rooms (an inconsistent number of rooms are often out of service due to maintenance issues).

For The First 6 Months Of 2016

United States citizens (not including individuals of Cuban descent visiting family) visiting the Republic of Cuba increased 84% (also reported as 89.3%) for the period 1 January 2016 to 31 June 2016 compared to the same period in 2015.

Total global visitor arrivals for the period 1 January 2016 to 31 June 2016 were 2,147,600, an increase of 11.7% compared to the same period in 2015.  Significant increases were reported from countries including Germany, Italy, Poland and Spain.

Total United States citizens (including individuals of Cuban descent visiting family) visiting the Republic of Cuba for the period 1 January 2016 to 31 June 2016 were approximately 304,000, representing an increase of 24% compared to the same period in 2015.  United States citizens represented the second-largest country source of visitors (after Canada) thus far in 2016.  The Ministry of Foreign Affairs of the Republic of Cuba reported 138,000 "Americans" visited the Republic of Cuba during the period 1 January 2016 through 31 June 2016.

US$660 Million Impact

For calendar year 2016, visitors (excluding individuals of Cuban descent with or without Republic of Cuba-issued passports) from the United States to the Republic of Cuba could exceed 301,000 with the introduction of regularly-scheduled commercial flights which will increase frequency, destinations, and lower pricing and continuation of cruise ship operations (which are expected to increase).

The gross economic impact to the Republic of Cuba by the 301,000 visitors would exceed US$660 million (landing fees, cruise ship fees, cruise ship passenger expenditures, baggage fees, visa fees, ground transportation, hotels, meals, tours, sundries, gifts, gratuities, etc.).

Update: Cuba Opens Zona+ Store- A [Sort-Of Wholesale] Version Of Costco & Sam's Club; Florida Company Proposal Seems Finished

Update.....

In 2015, Tampa, Florida-based Florida Produce of Hillsborough County, which has exported food products to the Republic of Cuba, proposed to the Ministry of Foreign Affairs of the Republic of Cuba (Minrex) and the Ministry of Foreign Trade of the Republic of Cuba (Mincex) to lease a warehouse of up to 70,000 square feet in central Havana, where food products and agricultural commodities grown, manufactured, processed, and distributed in the United States and then exported from the United States to the Republic of Cuba would be available, on a wholesale basis, to registered independent businesses and Republic of Cuba government-operated entities.  

The Obama Administration supports the proposal.  However, despite numerous meetings and indications of interest, in 2015 and in 2016, no decision has been taken by the government of the Republic of Cuba.  

Now, Republic of Cuba government-operated Cimex has created a business model similar to that proposed by Florida Produce of Hillsborough County.  From an executive of a Canada-based company that exports products to the Republic of Cuba, "If you give them an idea, they will do everything possible to do it themselves- even if that means doing it with less efficiency than if they permitted someone else to do it and then learn from that experience.  This is especially true with anything involving the United States.... They will 'yes' them to the point of exhaustion."

Articles & Images From Reuters and Associated Press

From Reuters (11 July 2016)

Cuba has opened a shop in Havana that could eventually operate as the Communist-ruled island's first wholesale store for the fledgling private sector, offering products in bulk at lower prices than in expensive retail outlets.

So far, Zona+, where produce is piled up to the ceiling like in a warehouse, is offering only a handful of goods in large quantities at slightly discounted rates. Shop employees said that was an experiment.

They said the plan was for Zona+ to sell everything in bulk at a discount, catering in particular to the small businesses that have flourished since President Raul Castro started reforming the Soviet-style command economy.

Officials at CIMEX, the state commercial corporation that owns Zona+, declined to comment and the store manager said he had been asked to give no more interviews, after he told local media the aim was to become a wholesale store. Cuban authorities are often secretive about their economic plans.

"Some products already have a 20 percent discount, not all," said shop employee Ulysses Abreu, 26, pointing to the 2.5-kg (5-pound) tins of tomatoes. "But they are studying whether to sell all products at 20 percent in the future."

One employee, who declined to be named for fear of retribution, said one idea was to offer a 10 percent discount on purchases worth between $500 and $1,000, and a 20 percent discount on purchases above $1,000.

Shoppers at Zona+ said it already had an advantage on other stores because it was uncharacteristically well-stocked.

Cuba's supermarkets are often half-empty and supply problems look set to increase as the government said last week it would cut planned imports this year by 15 percent.

Cuba's new entrepreneurs have long complained that a gaping hole in Castro's reforms is the lack of a wholesale market. Restaurant owners, hairdressers and snack-store owners have to buy their produce in supermarkets at the same marked-up prices as consumers.

The government announced in April that some cooperatives would be able to buy supplies directly from government producers and wholesale outlets for the first time but it did not say the reform would extend to the private sector.

Cuba often likes to experiment with measures before making them official and extending them across the country. Reforms can also be reversed.

Cuba decided at a secretive Communist Party congress earlier this year to eliminate licenses for private wholesale agricultural food distribution.

From Associated Press (11 July 2016)

Cuba has quietly opened a first-of-its-kind store specializing in bulk goods in Havana: Zona +, a high-ceiling space with racks stacked with large tins of tomato sauce, toilet paper and cooking oil by the gallon.

It's not quite Costco, and it falls short of satisfying longstanding calls for a wholesale market to support the growing class of small-restaurant and-cafeteria owners who have set up shop under President Raul Castro's economic reforms begun six years ago.

But it could help relieve the pressure that those entrepreneurs have been putting on other retail stores by snapping up huge quantities of goods, leaving regular customers in the lurch.

On a recent afternoon, Naidi Carrazana pushed a shopping cart loaded with cases of beer, bottled water and soft drinks she needs to stock her small cafeteria nearby. She acknowledged that business owners like her who make big purchases have been emptying market shelves of things like flour, chicken and tomato paste, and said the new store can help with that.

"A place like this allows you to buy in bulk, and that's a benefit for us and a benefit for the people," Carrazana said.

Located in the upscale western suburb of Miramar, Zona + launched a little over a week ago with zero fanfare. Manager Javier Munoz said shoppers are allowed to buy unlimited quantities, but he declined to comment further because he was not authorized to do so by the store's state-run parent company.

Employees said business has been good despite the lack of publicity, as word of the opening spread mouth-to-mouth. One customer showed up in a car and bought 50 3-kilogram (6.6-pound) cans of tomatoes to supply a restaurant.  Similar stores are being planned for other parts of the city, they added.

In Cuba, government entities are the only ones able to import and acquire goods at wholesale, and wholesale access has been a crucial demand of the 500,000 or so small-business owners and their employees, many of them working in the food-service sector.

The government has promised to set up wholesale markets for private entrepreneurs, but that has yet to materialize and their only option has been the same retail stores where the general population shops.

Although goods at Zona + are bulk, that doesn't entail a price break. For example, a kilogram of high-end Serrano coffee costs $14.45 there, while the same kilo was $14.40 on the same day at a regular store elsewhere in Havana.

"The place is pretty, the service is good, but it's still the same price as retail. In truth, it doesn't resolve our problems," Carrazana said. "I hope this is like a seed for a wholesale market where we entrepreneurs can buy at a different price."

Might DOT & TSA Need To Delay Implementation Of Commercial Flights To Cuba?

From Politico (7.15.2016)

"CUBAN FLIGHTS AND SECURITY FIGHTS: Commercial flights from Cuba to the U.S. are scheduled for takeoff in eight weeks, but it appears the Obama administration is still trying to make sure airport security is up to snuff at the 10 Cuban hubs cleared for U.S. service.

Homeland Security Secretary Jeh Johnson says he has asked TSA [Transportation Security Agency] to give him assurances that those airports meet U.S. security standards, not just the bar ICAO [International Civil Aviation Organization] has set.

No help: The secretary also let on that he tried to call in a favor for the very lawmakers who have been fighting the White House on this issue. Johnson said the administration attempted, and failed, to get the Cuban government to approve visas for House Homeland Security Committee lawmakers who wanted to check out the country's aviation security protocols.

Can't stop, won't stop: Rep. John Katko [R- New York] has been relentless in trying to call attention to his Cuban security concerns. Besides introducing a bill (H.R. 5728) earlier this week to try to block flights until TSA certifies that the U.S.-bound flights will be adequately protected, he's written a letter asking Transportation Secretary Anthony Foxx to delay Cuban service."

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

Editor's Note: This was an important event, milestone, etc., when first discussed in June 2016.  Since that time, additional, and important information became available from the companies involved, from the United States government and from the government of the Republic of Cuba which, in some aspects, contradicts information contained in our previous writings. 

The positive is our revised analysis portrays a greater texture and depth... and, most importantly, provides additional reasoning as to the significance of the transaction for United States companies.

“Hecho En Cuba” Has Value….
Obama Administration Will Help & Accept Certification From Cuba

Excerpts......

On 26 June 2016, New York, New York-based Nestle Nespresso USA, Inc., a subsidiary of Vevey, Switzerland-based Nestle SA (2015 revenues approximately US$94 billion), placed a full-page color advertisement featuring its new Cuban Nespresso Grand Cru Cafecito de Cuba capsule on page 24 (the back of the first section) in the national edition of The New York Times.  The cost was approximately US$175,110.54 to reach an audited circulation of 1,140,015 readers.

***

Nestle Nespresso purchased a container of approximately eighteen (18) tons of green coffee beans through London, United Kingdom-based Cubana Coffee & Roastery (www.cubana.co.uk), the established bar-restaurant and coffee roasting group, and London, United Kingdom-based The Cuba Mountain Coffee Company Ltd (www.almacuba.com).  

***

The green coffee beans were sourced from the 2015-2016 harvest in the Republic of Cuba; the value was approximately US$5,000.00 per metric ton, or approximately US$90,000.00.  

***

The beans will be roasted at Nestle Nespresso facilities (valued at US$500 million) in Avenches and nearby Orbe, Switzerland.  With approximately 20% lost during the roasting process, the result will be approximately 180,000 capsules per ton- 3,240,000 limited edition Cafecito de Cuba capsules (approximately 5 to 6 grams each or .17 to .21 ounces).  The price for a limited edition capsule has been US$1.10, so potential total revenue could be approximately US$3,564,000.00.

***

Significant that the advertisement placed in The New York Times was not to promote a service, it was to promote a product.  The date of 26 June 2016 commenced a rebranding of the Republic of Cuba- from primarily a visitor destination to an origin of consumer products.

***

For any United States-based company, the words "Hecho en Cuba" (Made in Cuba) will have greater perceived marketing value due to the marketing expenditures in the United States by Nestle Nespresso USA, Inc.

***

Not lost on management of United States-based companies is a preference by the government of the Republic of Cuba to permit a non-United States-based company to do first what the Obama Administration has authorized a United States-based company to do with respect to the direct importation of agricultural commodities (thus far only coffee) from the Republic of Cuba.

***

For the Nestle Nespresso USA transaction, the OFAC accepted letters from the Ministry of Agriculture of the Republic of Cuba; Nestle Nespresso USA; London, United Kingdom-based Cubana Coffee & Roastery; and London, United Kingdom-based The Cuba Mountain Coffee Company Ltd (CMC) certifying that all of the coffee was sourced from private farmers in the Republic of Cuba and the OFAC accepted that for the 18-ton transaction, the exporter of record would be a Republic of Cuba government-operated entity, Cubaexport.  For future transactions, CMC expects to also be a Republic of Cuba-authorized exporter.  

***

The Obama Administration is focused upon creating commercial activity rather than with the immediate and direct impact of that commercial activity upon the individual (independent) actors in the Republic of Cuba.  

***

This focus is based upon a belief that with 190 days remaining for the Obama Administration, the existence of a [hopefully] bi-bilateral commercial landscape, even if a consequence is acquiescence to more-than-desired involvement by Republic of Cuba government-operated entities, if preferable to nothing.

***

This rationale, which the United States business community supports, is based upon a recognition that absent acceptance of the role of the government of the Republic of Cuba in most sectors of the economy, there will be few meaningful commercial opportunities for United States-based companies.  The goal is to seek any means to authorize components of President Obama’s legacy initiatives.  

***

Which transitions to a question: Why is the Obama Administration creating sometimes constrictive regulations if known the regulations will likely be supplanted during the licensing process?

***

The Obama Administration determined that generating the first license from the OFAC to a United States-based subsidiary of one of the fifty (50) largest companies in the world (30th largest company in Europe) will result in a ginning up of interest (and advocacy) for greater market access to the Republic of Cuba for United States-based companies.  The calculation was correct.  

COMPLETE ANALYSIS IN PDF FORMAT

Compare The Statements..... US Gives Far Less Information; What Does That Mean?

From The United States Department of State:

United States and Cuba Held Third Regulatory Dialogue

Media Note
Office of the Spokesperson
Washington, DC
July 13, 2016

The third U.S.-Cuba Regulatory Dialogue took place in Havana July 12-13, 2016. The U.S. delegation included officials from the Departments of Commerce, the Treasury, and State, and continued discussions from previous dialogues held in October 2015 and February 2016.

U.S. officials described regulatory changes that were announced on March 16 related to Cuba-related travel, commerce, and financial transactions. The delegations addressed ways the two nations can work together within existing U.S. laws and regulations.


From The Ministry Of Foreign Affairs Of The Republic Of Cuba:

CUBA, July 13, 2016.- Representatives of Cuba and the United States held, on 12 and 13 July in Havana, the third meeting of the Dialogue on Regulatory Issues, a mechanism established in October 2015 between government entities of both countries to assess the extent and impact of the changes introduced by the Government of the United States in implementing some aspects of the embargo on economic, trade and financial linkages, constraints and remaining obstacles to its implementation, as well as regulations force in Cuba for trade and financial relations.

The opening of the meeting was led by Cuban Deputy Minister of Foreign Trade and Foreign Investment, Ileana Nunez Mordoche, and Coordinator of the Office of Cuban Affairs, Department of State, Mark Wells.  In the two-day exchange included officials of the Ministry of Foreign Trade and Foreign Investment, and the Central Bank of Cuba, as well as, the Ministries of Foreign Affairs, and Economy and Finance and Prices.  For the United States were present officials of the Departments of Treasury, Commerce and State. (Cubaminrex)

United States, Cuba, and Mexico: Resolving Maritime Boundaries; US Refuses To Name Participants

United States, Cuba, and Mexico: Resolving Maritime Boundaries

Media Note
Office of the Spokesperson
Washington, DC
July 7, 2016

Delegations from the United States, Cuba, and Mexico met, July 5-7, in Mexico City to discuss unresolved maritime boundaries in the eastern Gulf of Mexico, commonly referred to as the “Eastern Gap.” Government representatives discussed delimiting maritime boundaries in areas of the continental shelf that are more than 200 nautical miles from each country’s shore. The multilateral meeting added to previous bilateral efforts between the United States and both Mexico and Cuba to promote maritime safety.

Since re-establishing diplomatic relations on July 20, 2015, the United States and Cuba have cooperated on several environmental issues, including releasing a joint statement on environmental protection cooperation and sharing hydrographic information for nautical charting.

NOTE: The United States Department of State has refused to provide the names of the departments and agencies of the United States government that participated in the meetings.

Cuba- Last Week’s Mistakes By Members Of Congress/Advocates Could Hurt U.S. Companies

Cuba- Last Week’s Mistakes By Members Of Congress/Advocates Could Hurt U.S. Companies

Cuba Advocacy & Lobbying Can Be Effective…. Usually Ensuring More Next Year

Failure Now Creates Revenue Opportunities For Advocates & Lobbyists

192 Days Remaining….

12 July 2016

"There is real momentum," said The Honorable Mark Sanford (R- South Carolina), a member of the United States House of Representatives, last week.  He then had no mention of the events of last week on his www.house.gov page as of 9 July 2016.

“…a proper path forward and we agreed to find a solution that does a number of things,” said The Honorable Rick Crawford (R- Arkansas), a member of the United States House of Representatives, last week.  He also shared “a long-term solution,” “thorough examination,” and “deliberative process across each relevant committee of jurisdiction.”  Representative Crawford then had no mention of the events of last week on his www.house.gov page as of 9 July 2016. 

“… a historic compromise” and “major step forward,” said Washington, DC-based EngageCuba, adding “reached an agreement to find a long-term solution to provide credit for the export of agricultural commodities to Cuba.” 

And, the organization’s president, Mr. James Williams, offered this to those who have opposed his efforts, “their position is no longer tenable.”  Is this a winning-votes strategy by a grass-roots organizer or a self-professed effective advocate/consultant/lobbyist?

“…redouble its efforts with this Congress,” said Ms. Devry Vorwerk of the Washington, DC-based U.S. Agriculture Coalition for Cuba.  Would this be the 114th Congress about to recess for the upcoming elections, with few remaining legislative days before formally adjourning in December 2016? 

The government of the Republic of Cuba could not have been enthusiastic when their advocates engineered not one, but two, legislative failures within twenty-four (24) hours. 

The result all but assures no legislation in the 114th Congress and simultaneously harms the foundations for advocacy in the 115th Congress- during which issues relating to the Republic of Cuba will again not be a priority for the leadership in either the United States House of Representatives or the United States Senate; or probably the next president.

Why are advocates focusing upon legislation when regulation and policy change are more efficient mechanisms by which to expand the commercial, economic and political relationship between the United States the Republic of Cuba during the remaining 192 days of the Obama Administration? 

One reason, jobs- their own that is.  Did the Members of Congress coordinate their efforts with the self-appointed Republic of Cuba policy advocates?  If so, how should responsibility for the failures be apportioned?

COMPLETE REPORT IN PDF FORMAT

Western Union Supporting Entrepreneurship Program For Young Cubans

Cuban entrepreneurs return to the island with ideas, connections and new possibilities

Cuban Research Institute
Florida International University
InCubando@FIU Program

8 July 2016

Western Union, a global leader of payments, is a lead financial sponsor of the program and contributed to the curriculum by hosting seminars on leadership, compliance, operations, sales and marketing at its Miami based regional headquarters.

Western Union has a 15-year track record of moving money into Cuba. The company has enabled consumers in more than 30 countries to send money transfers to Cuba, and recently pioneered digital money transfer services into Cuba from the U.S.

Western Union is proud to be associated with the InCubando@FIU program, which aims to ground these entrepreneurs with global business skills while nurturing their innovative spirit and enthusiasm,” said Odilon Almeida, Western Union president of the Americas and European Union. “I was honored to welcome and share Western Union’s culture and our way of operations while also sharing some personal leadership values.”

At the end of this week a group of Cuban entrepreneurs will be returning to the island after completing the InCubando@FIU summer program. Over the last six weeks, the participants have taken basic business and intensive English classes on campus. They also have had an opportunity to spend time with local business leaders who have served as mentors during their time in Miami.

“InCubando has been a great experience for me; it has allowed me to identify the stage in which my business finds itself at this moment, and to learn the strategies I need to continue to grow it,” said Marta Deus, InCubando participant and owner of Deus Expertos Contables. “As soon as I arrive in Cuba, I will start implementing the skills I have learned here and expect to see them pay off in the next six months.”

The InCubando@FIU Fellows, all under the age of 40, were selected from a pool of more than a hundred applicants from all over the island. They represent a broad spectrum of the micro-enterprises that have sprouted in Cuba in the last few years, in the spaces of media, fashion design, apparel manufacturing, financial services and hospitality.

“This program was designed specifically to meet the needs of entrepreneurs who have not had the support or the instruction and yet are running very promising enterprises under difficult conditions in Cuba,” said Director of the FIU Cuban Research Institute Jorge Duany, one of the organizers of the program. “At FIU and in Miami we have resources and know how that can be instrumental in supporting Cubans on the island as they make their way in this new environment.”InCubando@FIU is funded through private donations and a partnership with StartUp Cuba, a project of Roots of Hope, a Miami organization dedicated to connecting with and empowering Cuban youth on and off the island.

“Entrepreneurs have always been at the center of life in Cuba, even in the most challenging times. We’re excited to help build bridges between entrepreneurs on both sides of the Florida Straits,” said Raúl Moas, executive director of Roots of Hope, the nonprofit sponsor of StartUp Cuba. “It is an opportunity for us to support young Cuban entrepreneurs who are already carrying out a real transformation of Cuba.”

US Food/Ag Exports To Cuba In May Decrease By 27%; And By 24% For First Five Months Of 2016

MAY FOOD/AG EXPORTS DECREASED 27%- Exports of food products & agricultural products from the United States to the Republic of Cuba in May 2016 were US$19,384,881.00 compared to US$26,420,677.00 in May 2015.  For the period January-May 2016 compared to January-May 2015, exports decreased by 24%.  

The Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA) re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural products (commodities) from the United States to the Republic of Cuba, irrespective of purpose.  The TSREEA does not include healthcare products, which remain authorized by CDA.

The data represents the U.S. Dollar value of product exported in April 2016 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 primary reasons for the cumulative reduction in United States exports to the Republic of Cuba 1) lack of foreign exchange due to commercial and economic decisions of the government of the Republic of Cuba which lessen its ability to earn foreign exchange.  2) financial largess of the government of Venezuela lessens the interest of the government of the Republic of Cuba to purchase products from the United States, regardless of cost, quality, or delivery considerations.  3) financial largess of the government of the People’s Republic of China lessens the interest of the government of the Republic of Cuba to purchase products from the United States, regardless of cost, quality, or delivery considerations.  4) re-emergence and/or continuation of import relationships (barter, substantial credits, political motivation) with the governments of Brazil, Argentina, Vietnam, Mexico, Spain, Mexico, Canada, Russia, Iran, New Zealand, and France amongst other countries.  5) preference to purchase products from government-controlled entities, which provide more favorable payment terms and less publicity when payment terms are not honored, which is expected given the lack of foreign exchange of government of the Republic of Cuba.  6) efforts (which had been successful, but had lessened in their effectiveness) by the government of the Republic of Cuba to increase the motivation of United States-based companies, organizations; state and local government representatives; and Members of the United States Congress to be more visible in their lobbying efforts for changes in United States policy, law, and regulations.   

Government of Vietnam-operated Vinafood 1 and Vinafood 2 have provided payment terms to Republic of Cuba government-operated Empresa Cubana Importadora Alimentos (Alimport), under the auspice of the Ministry of Foreign Trade of Cuba (MINCEX), of up to two years to pay for rice (25% to 30% broken).  United States producers can provide this product; payment terms, however, without the use of government programs, would be cash-on-delivery to 30 days; and for credit-worthy customers, generally not exceed sixty days to ninety days.

The reduction in exports from the United States to the Republic of Cuba is not the result of changes in payment regulations implemented by the OFAC during later years of the Bush Administration, which had permitted an expansive definition of payment terms.  The payment regulations were again made expansive in January 2015.

Cuba Trade Amendment Withdrawn As House Leaders Promise Path Forward

Inside US Trade
Daily News
Cuba Trade Amendment Withdrawn As House Leaders Promise Path Forward

7 July 2016

Supporters on July 6 withdrew their proposed amendment to the House financial services appropriations bill allowing private credit to be issued to Cuba for the purchase of U.S. agricultural products, with a promise in hand from the House GOP leadership that there will be a separate path forward through a committee markup for a separate stand-alone bill.

Rep. Rick Crawford (R-AR) said he would not offer his amendment to the appropriations bill after he secured commitments that include a meeting with Florida lawmakers who oppose the amendment. The goal is to work on a solution that removes market access barriers U.S. farmers face when selling their products in Cuba.

“Until today, there seemed to be no path forward for an agreement,” Crawford said on the House floor. “But we've gotten commitments from leadership and my friends from Florida that there will be a proper path forward and we agreed to find a solution that does a number of things.”

A Crawford spokesman said the commitments include a path forward for the lawmaker's original bill, H.R. 3687, which was introduced on Oct. 6, 2015. The bill was referred to the Agriculture Committee, where it has remained ever since.

Crawford prefers moving H.R. 3687 since that will be a permanent way to improve access to Cuba for U.S. agricultural products as opposed to an appropriations bill amendment that needs to be approved annually, the spokesman said.

The bill has been promised a path forward in either the agriculture, financial services or foreign affairs committees, the spokesman said. Crawford hopes to move the bill by the end of the year, potentially during the lame-duck session.

In his response to Crawford, Rep. Mario Diaz-Balart (R-FL) said the government should help U.S. farmers sell their products throughout the world, but took issue with policies that support the Castro regime. Diaz-Balart is one of the Florida lawmakers who will meet with Crawford.

“[W]e cannot at the same time help a communist regime that harbors and supports terrorists and fugitives from U.S. law, the largest confiscator of U.S. property in history, fails to pay its debt, is one of the worst violators of human rights and religious freedom in the western hemisphere, is a top counterintelligence threat to the United States and a threat to democracy in Latin America,” Diaz-Balart said.

A similar Cuba amendment is still included in the Senate version of the financial services appropriations bill, which awaits floor action.

Similar language was also tacked onto a Senate appropriations bill last year, but was removed from the final version during House-Senate negotiations. Congressional and other sources said a similar outcome could happen this year with several key lawmakers opposed to ending the Cuban embargo.

House Speaker Paul Ryan (R-WI) has repeatedly criticized President Barack Obama's push to normalize relations with Cuba without securing various commitments in return, sources following the Cuba embargo have said. Those sources added that Senate Majority Leader Mitch McConnell (R-KY) is focused on preserving the Republican majority in the Senate and is unlikely to spend his time on Cuba, especially with several key members opposed -- including three senators of Cuban descent who have criticized Obama's actions on Cuba: Marco Rubio (R-FL), Ted Cruz (R-TX) and Robert Menendez (D-NJ).

Questions also remain on whether U.S. companies want to lend to Cuba because of its poor credit history and whether those companies will offer terms competitive with government-backed credits from Canada, the European Union, China and Vietnam. Many governmental financial terms offer longer repayments than private lenders, sources said.

US Visitor Arrivals To Cuba Could Exceed 301,000 For 2016; US$660 Million Economic Impact In Cuba

In 2015, the Ministry of Tourism of the Republic of Cuba reported 161,233 visitors from the United States; this number excluded individuals of Cuban descent (with or without Republic of Cuba-issued passports) who visited the country.

The Ministry of Tourism of the Republic of Cuba reported that for the period January 2016 through June 2016, visitors from the United States increased by 84%.

For calendar year 2016, visitors from the United States to the Republic of Cuba could exceed 301,000 with the introduction of regularly-scheduled commercial flights which will increase frequency, destinations, and lower pricing and continuation of cruise ship operations (which are expected to increase).

The gross economic impact to the Republic of Cuba by the 301,000 visitors would exceed US$660 million (landing fees, cruise ship fees, baggage fees, visa fees, ground transportation, hotels, meals, tours, sundries, gifts, gratuities, etc.).

The Ministry of the Republic of Cuba reported 3,524,779 tourist arrivals in 2015 compared to 3,002,745 tourist arrivals in 2014.

There Are 20 Routes; US Airlines Wanted 70 US; Requested 3.4 Million Seats; DOT Authorized 1.2 Million Seats Cuba Has 64,000 Hotel Rooms With 80% Occupancy Rates

There Are 20 Routes; US Airlines Wanted 70
US Airlines Requested 3.4 Million Seats; DOT Authorizing 1.2 Million Seats
Cuba Has 64,000 Hotel Rooms With 80% Occupancy Rates


Today, the United States Department of Transportation (DOT) awarded twenty (20) daily nonstop routes between the United States and Jose Marti International Airport (HAV) in Havana, Republic of Cuba.  

Eight (8) United States air carriers were awarded twenty US-HAV non-stop routes; United States air carriers sought US-HAV non-stop routes from twenty (20) airports; the DOT awarded routes from eleven (11) airports.  Which United States air carrier received the most of what it sought?

Alaska Airlines received 100% of its application
American Airlines received 40% of its application
Delta Air Lines received 75% of its application
Frontier Airlines received 50% of its application
JetBlue Airways received 50% of its application
Southwest Airlines received 66% of its application
Spirit Airlines received 100% of its application
United Airlines received 40% of its application

There are fifteen (15) aircraft seating configurations included in the daily non-stop US-HAV route applications (280, 200, 199, 186, 181, 180, 175, 162, 160, 154, 145, 144, 143, 126, 34).   

The average seat capacity of the aircraft to be used for daily flights (per the applications) is 164.60 (which is skewed lower due to the use of Saab 340B 34-seat aircraft by Silver Airways).  

Thus, for the twenty (20) awarded routes, there will be 3,418 seats available per day; 23,899 seats available per week, and 1,242,748 seats available per year.

Twelve (12) United States air carriers have applied for forty-five (45) daily non-stop US-HAV routes and thirty-five (35) non-stop US-HAV routes that would not operate daily- once per week, twice per week, three times per week, four times per week, and five times per week).  A total of seventy (70) flights per week.

The twelve air carriers have applied for non-stop US-HAV routes from a total of twenty (20) United States airports:

For the forty-five (45) US-HAV routes, daily seating capacity would be 8,640; weekly seating capacity would be 60,480; and yearly seating capacity would be 3,144,960.

For the thirty-five (35) non-daily US-HAV routes, United States air carriers are seeking a total of 5,068 seats per week; for a yearly seating capacity of 263,536.

United States air carriers are seeking eighty (80) US-HAV routes with a combined yearly seating capacity of 3,408,496.

The following are the route US-HAV route applications submitted by United States air carriers to the DOT:

FOR COMPLETE ANALYSIS CLICK HERE

U.S. Transportation Secretary Foxx Proposes U.S. Airlines and Cities for New Scheduled Service to Havana

WASHINGTON – As part of the Obama Administration’s historic effort to normalize relations with Cuba, the U.S. Department of Transportation (DOT) today proposed to select eight U.S. airlines to begin scheduled flights between Atlanta, Charlotte, Fort Lauderdale, Houston, Los Angeles, Miami, Newark, New York City, Orlando, and Tampa and Havana as early as this fall.  Today’s proposal comes nearly one year after the United States and Cuba reestablished diplomatic relations in July 2015.

“Today we take another important step toward delivering on President Obama’s promise to reengage Cuba,” said U.S. Transportation Secretary Anthony Foxx.  “Restoring regular air service holds tremendous potential to reunite Cuban American families and foster education and opportunities for American businesses of all sizes.”

A dozen U.S. airlines applied for the chance to operate scheduled passenger and cargo service to Havana.  Collectively, the airlines applied for nearly 60 flights per day to Havana, exceeding the 20 daily flights made available by arrangement between the two governments.  The Department’s principal objective in making its proposed selections was to maximize public benefits, including choosing airlines that offered and could maintain the best ongoing service between the U.S. and Havana.

The airlines receiving the tentative awards are Alaska Airlines, American Airlines, Delta Air Lines, Frontier Airlines, JetBlue Airways, Southwest Airlines, Spirit Airlines, and United Airlines. 

DOT’s proposal allocates nonstop Havana service to areas of substantial Cuban-American population, as well as to important aviation hub cities. 

The Department’s process of selecting carriers offers an opportunity to present the public with a wide array of travel choices in the type of airline (network, low-cost, ultra-low-cost); choices of airport; and choices of non-stop or connecting service.  The DOT’s proposed selections would simultaneously address service needs while promoting competition.

On February 16, 2016, Secretary Foxx and Department of State Assistant Secretary for Economic and Business Affairs Charles Rivkin signed an arrangement with their Cuban counterparts opening the way for scheduled air service between the two countries to resume after more than 50 years.  This new arrangement will facilitate visits for travelers that fall under one of 12 categories authorized by the U.S. Department of the Treasury’s Office of Foreign Assets Control.  At the time of the signing, the administration announced that scheduled service would begin later in 2016.

Under the arrangement, each country may operate up to 20 daily roundtrip flights between the U.S. and Havana.  The arrangement also provides each country with the opportunity to operate up to 10 daily roundtrip flights between the U.S. and each of Cuba’s nine international airports, other than Havana, for a total of 90 daily roundtrips.  DOT announced the approval of six U.S. airlines’ applications to serve cities other than Havana on June 10.

Objections to the DOT’s tentative decision are due by July 22.  If objections are filed, answers to objections will be due by July 29.  The DOT expects to reach a final decision later this summer.  The tentative decision and other documents in the case are available online at regulations.gov, docket DOT-OST-2016-0021.

COMPLETE DOT ORDER

Lt. Governor Of Washington Leading 18-Member Delegation To Cuba In September 2016; Including Amazon Executive

From 4 September 2016 to 10 September 2016, a eighteen (18) member delegation led by Lieutenant Governor Brad Owen (D) will visit the Republic of Cuba.  In office since 1997, Mr. Owen is the longest currently serving lieutenant governor in the United States.  The governor of Washington is Mr. Jay Inslee (D).  

The trade mission was conceived by State Senator Karen Keiser (D- 33rd District; Kent), who approached the Lieutenant Governor.  

From Governor Inslee’s office:

Washington state looks forward to developing trade relations with Cuba.  As home to many of the best known international brands ranging from Boeing to Amazon and Microsoft to Starbucks we know Washington companies will be successful in the Cuban market place. We are particularly looking forward to exporting our world renown agricultural products and wines to the country. We also expect that many of our state’s smaller and medium sized businesses will find Cuba to be an attractive market for trade. 

This trade mission is arranged independently by the Lt. Governor’s office. Due to schedule conflicts, Gov. Inslee was not able to make a trip to the area at this time.” 

Although the visit is contextually defined as a trade mission, the focus of the visit, thus far, is healthcare systems, not export or import of products or services.  There are no representatives yet from product Boeing, Microsoft or Starbucks (coffee from the Republic of Cuba is permitted to be imported to the United States for commercial use).   

According to the Lieutenant Governor’s office, the Washington State Department of Agriculture was not interested in having a representative(s) participate in the visit as the Republic of Cuba is not “a viable market yet, shipping would be too expensive and the fact that the Pacific Rim market is really strong right now.” 

According to the Lieutenant Governor, the purpose of the “mission is to walk through the entire healthcare system, from the Minister of Public Health to medical universities to local clinics… plan to visit some pharma agriculture sites…. We will walk through the entire healthcare system, from the Ministry of Public Health to local clinics.” 

The cost per person is US$4,000.00, a portion of which will be used to underwrite the costs for the Lieutenant Governor and Mr. Ken Stamp, his Chief of Staff.   

Unknown if legislators participating in the visit will be using state funds, campaign funds or personal funds for payment for themselves, staff and spouse.  Unknown if representatives from Washington State University and Washington State Department of Health will be using state funds for payment.  Unknown if the former member of the State Senate will be using campaign funds or personal funds for payment. 

The Delegation 

Lt. Governor Brad Owen (D)

State Senator Karen Keiser (D) 

State Senator Steve Conway (D) 

State Senator Don Benton (R) 

State Senator John McCoy (D) and Mrs. Janet McCoy

Ms. Lisa Brown, Chancellor, Washington State University/ Elson S. Floyd College of Medicine

Ms. Paj Nandi, Director of Community Relations- Washington State Department of Health

Mr. Dan Dixon, Senior Executive & Vice President of Public Affairs- Providence (Catholic) Health & Services and President of Board of Directors for Global to Local

Mr. Adam Taylor, Executive Director- Global to Local

Dr. Erika Bliss, Chief Executive Officer- Qliance Management Inc. 

Ms. Lisa Thatcher, (Lobbyist- Lisa Thatcher, Inc.)- Qliance Management Inc. 

Ms. Cassie Sauer, Executive Vice President- Washington State Hospital Association

Ms. Cindy Gamble, Member- Partnerships for Native Health (Washington State University) 

Mr. Babk Parviz, Vice President- Amazon.com, Inc. 

Mr. Ken Camp, Chief of Staff- Lieutenant Governor Owen

Ms. Kimberlie Lelli, Legislative Assistant- State Senator Conway

Ms. Cheryl Pflug (R), Former State Senator

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

On 26 June 2016, New York, New York-based Nestle Nespresso USA, Inc., a subsidiary of Vevey, Switzerland-based Nestle SA (2015 revenues approximately US$94 billion), placed a full-page color advertisement (see below) featuring its new Cafecito de Cuba capsule on page 24 (the back of the first section) in the national edition of The New York Times.  The cost was approximately US$175,110.54 to reach an audited circulation of 1,140,015 readers.

Significant that the advertisement placed in The New York Times was not to promote a service, it was to promote a product.  The date of 26 June 2016 commenced a re-branding of the Republic of Cuba- from primarily a visitor destination to an origin of consumer products.

For any United States-based company, the words "Hecho en Cuba" (Made in Cuba) will have greater perceived marketing value due to the marketing expenditures in the United States by Nestle Nespresso USA, Inc.

Nestle Multi-Product Strategy

Is this a "one-off" marketing effort?  Doubtful.  Nestle SA is positioning itself to be an importer to the United States of confections, ice cream, beverages, and other consumables sourced in the Republic of Cuba.  

Nestle SA has a multi-decade interest in the Republic of Cuba.  The company has a representative office in the city of Havana.  Since the 1990's, Nestle S.A. has been involved with Republic of Cuba government-operated companies to develop the confection industry; has investments in bottled water production (Ciego Montero) and beverage production; and imports products for sale at retail stores.  In 2014, Nestle Nespresso released “Limited Edition Cubanía; Inspired by the passion and intensity of Cuban coffee ritual” that did not contain coffee from the Republic of Cuba.

Not lost on management of United States-based companies is a preference by the government of the Republic of Cuba to permit a non-United States-based company to do what the Obama Administration has authorized a United States-based company to do with respect to the direct importation of agricultural commodities (thus far only coffee) from the Republic of Cuba.

To be eligible for import into the United States, a listed 515.582 product (in this case coffee) must be “produced by independent Cuban entrepreneurs, as demonstrated by documentary evidence.”  From the United States Department of State: “Persons subject to US jurisdiction engaging in import transactions involving goods produced by an independent Cuban entrepreneur pursuant to 515.582 must obtain documentary evidence that demonstrates the entrepreneur's independent status, such as a copy of a license to be self-employed issued by the Cuban government, or in the case of an entity, evidence that demonstrates that the entity is a private entity that is not owned or controlled by the Cuban government.”

On 5 May 2016, the National Bureau of Small Farmers Association (ANAP) of the Republic of Cuba, which represents farmers throughout the country, responded to the 22 April 2016 decision by the Obama Administration to authorize the direct export to the United States of coffee sourced from "independent" entities.  According to statements from the ANAP, "no one can think that a small agricultural producer can export directly to the United States... To make this possible, Cuban foreign trade companies [Republic of Cuba government-operated entities] have to take part in the process and financial transactions in dollars have to be conducted, and this has not yet been secured."

The 20 June 2016 media release (compete text follows later in this analysis) by Nestle Nespresso USA, Inc., included “Over the long term, Nespresso and its partner TechnoServe, a nonprofit development organization, will explore how to work with smallholder coffee farmers in Cuba with the goal ultimately being to support farmers in their production of sustainable coffee and contribute to expanded economic opportunities for them in the long-term.”

Is There Compliance?

Executives of United States-based companies and two (2) former attorneys with the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, which issued a license to Nestle Nespresso USA, Inc., remain uncertain as to conditions a license was issued based upon the regulations.  One comment, “… there is no evidence Nestle [Nespresso USA, Inc.] abided by the regulation - instead it seems to have procured a specific license authorizing it to import a non-compliant product into the US in direct contradiction to the published rules; hopefully this is not accurate.”

The media release by Nestle Nespresso USA, Inc., did not provide evidence of compliance with United States Department of State requirements- those requirements are about what is and not what will be- the present tense; they require existence, not intention to develop.  The media release is absent on 1) the type of farm/plantation(s) that is the source and will in the future be the source for the coffee; are there potential land claims under provisions of the Libertad Act of 1996?  If it were an artisan-produced coffee, it would assist with product marketing, as well as, legal compliance to confirm and 2) evidence that independent coffee production (as required by the regulations) is possible in the Republic of Cuba- the available proof is to the contrary.

As for the requirement that independent entrepreneurs must “produce” the product: the coffee has already and will be exported to Europe, a Europe-based company will process (roast) and package the coffee for distribution.  An argument could be made, less evidence to the contrary, that the product to be imported to the United States may be at least as much a product of Switzerland as it is a product of “independent Cuban entrepreneurs.”

Not yet disclosed are financial details of the transaction.  How much were the farmers paid- in CUC’s or Cuban Pesos or Convertible Currency?  Laboring wages, or do they receive payment for coffee beans?  How much of the total payment is directed to the government of the Republic of Cuba- in CUC’s or Cuban Pesos or Convertible Currency?  What role does the government of the Republic of Cuba have in the production of the coffee (planting, tending, harvesting, processing, packing, transportation, etc.)?

The Obama Administration has been expansive with respect to contorting/creating a regulatory definition narrative which accepts the status quo in the Republic of Cuba rather than adhering to written policy declarations.  The goal is to seek any means to authorize a component of President Obama’s legacy initiatives.  Which transitions to a question: Why is the Obama Administration creating sometimes constrictive regulations if known the regulations will likely be supplanted during the licensing process?

Reward & Message

For the government of the Republic of Cuba, engaging with Nestle S.A. is a reward for its commercial relationship with the Republic of Cuba and provides a message to non-United States-based companies with commercial relationships with the Republic of Cuba that they will not be forgotten in the rush by United States-based companies who seek commercial opportunities with Republic of Cuba government-operated companies.  The government of the Republic of Cuba may or may not have considered this message in the decision-making process relating to Nestle S.A.

Representatives of the government of the Republic of Cuba knew Nestle Nespresso USA, Inc., was seeking a license from the OFAC while at the same time they were receiving interest by United States-based companies; the government of the Republic of Cuba gave no hint or felt compelled to provide a benefit to the United States-based companies.

10,000 miles versus 93-600 miles

Rather than contract with a United States-based company to directly import green (unroasted), roasted bulk or roasted packaged (ground and unground), a container distance of ninety-three miles (Florida) to six hundred miles (Alabama), the government of the Republic of Cuba preferred to initially export green (unroasted) coffee beans to companies located on the European continent, a distance of approximately 5,000 miles, have the beans roasted and then packaged by Nestle Nespresso before being transported 5,000 miles to the United States for distribution (e-commerce, food service, and 3,740 retail outlets and 37 boutiques) through Nestle Nespresso USA Inc.

By contracting with a non-United States-based company, the government of the Republic of Cuba positions itself to interact with a global company (Nestle S.A.), provides revenues to companies in Europe (transportation; roasters), more efficiently receives payment for its product (direct correspondent banking), complies with United States regulations (OFAC), and creates branding opportunities in the United States.   

Interest From The United Kingdom

“20 June 2016- London, United Kingdom-listed Cuban specialist investment company Leni Gas Cuba Limited has acquired a 10% interest in The Cuba Mountain Coffee Company for an investment of £27,300 (approximately US$40,000.00).  CMC is an English company founded in 2013 to promote, on a worldwide basis, single-origin gourmet coffee from Cuba's famous Guantanamo Region, both as green beans and also via CMC's own bespoke coffee brand, ‘Alma de Cuba.’ CMC signed a Letter of Intent in April 2015 and an International Economic Association Contract has been discussed and is going through the various stages of Cuban government approval with Grupo Agro Forrestal and Empresa Procesadora de Café Asdrúbal López Vazquez for green bean coffee supplies.  AL is a part of the Ministry of Agriculture/Grupo Agro Forrestal, which controls the majority of the green coffee processing in Cuba.  CMC is working towards formalising a definitive ten-year (extendable) IEA with AL in the Guantanamo Province that will provide, over a five-year period, capital and equipment to improve the processing and quality of green beans from the region. In return, CMC will obtain the rights to an increasing proportion of this production for global marketing. CMC is working towards finalising the definitive IEA by the end of this year.  LGC executive chairman David Lenigas said: “The Cuban Coffee Industry will benefit from the latest agricultural techniques and expertise that CMC can bring to improve this famous agricultural sector. Although there is still a lot of work to be done to formalise the contractual relationships between Cuba Mountain Coffee and the Government, we are look forward to being a valued contributor to CMC's efforts in boosting Cuba's coffee production and exporting this valuable premium product to the world.””

Cuba Mountain Coffee Co. Project in Guantanamo, Cuba
6 July 2016

The Cuba Mountain Coffee Co (CMC) has achieved a milestone in its negotiations with the Cuban authorities and is now hopeful that its coffee project in the Cuban province of Guantanamo will begin in 2017
 
A visit to Guantanamo by CMC directors in June resulted in agreement on the principal  terms for co-operation with the Asdrubal Lopez coffee processing plant in Guantanamo, CMC's counter-party in Cuba. Crucial approvals have already been achieved and the project is now in its final negotiating stage before ministerial presentation, expected before January 2017
 
In April 2016, CMC also signed a Memorandum of Understanding with Nestlé Nespresso with the ambition to explore how to work together with the non-profit organization, TechnoServe, to boost production and quality in some of the Guantanamo micro-regions for the benefit of Cuban farmers and the protection of their environment, subject to the approval of the Cuban authorities and compliance with applicable laws

Obama Administration Strategy

The Obama Administration determined that generating the first license from the OFAC to a United States-based subsidiary of one of the fifty (50) largest companies in the world (30th largest company in Europe) will result in a ginning up of interest (and advocacy) for greater market access to the Republic of Cuba for United States-based companies.  The calculation was correct.  

United States-based companies have had and are interested in discussions with the Ministry of Foreign Affairs of the Republic of Cuba, Ministry of Foreign Trade of the Republic of Cuba and Ministry of Agriculture of the Republic of Cuba to obtain coffee and other agricultural products for direct import to the United States; neither the companies nor their discussions with the government of the Republic of Cuba moved as swiftly as did Nestle Nespresso’s discussions.  

This is, perhaps, a cautionary narrative to those representatives of United States-based companies who believe they possess a “special relationship” with senior-level or mid-level individuals within ministries of the government of the Republic of Cuba.   

United States-based companies will, however, continue to be used as bait by the government of the Republic of Cuba to attract the interest of non-United States-based companies, including those with United States-based subsidiaries.

Nestle Nespresso Media Release
 20 June 2016

Nestle Nespresso, the worldwide pioneer and reference in premium single-serve coffee, announced today it will bring back Cuban coffee to the United States for the first time in more than 50 years.

Recent regulatory changes in the United States have allowed Nespresso to move forward with its plans, which include making the new Cuban Nespresso Grand Cru, Cafecito de Cuba, available in the United States in the fall of 2016, initially as a limited edition. Over the long term, Nespresso and its partner TechnoServe, a nonprofit development organization, will explore how to work with smallholder coffee farmers in Cuba with the goal ultimately being to support farmers in their production of sustainable coffee and contribute to expanded economic opportunities for them in the long-term.

For more than two centuries, Cuba has produced some of the greatest Arabica coffee in the world. With fertile soil and ideal climate conditions, the country offers an excellent coffee growing environment. Nespresso is purchasing Arabica coffee this year that has been produced by Cuban farmers, and aims to continue purchasing it in the coming years.

“At Nespresso, we always aim to delight consumers through exclusive, unique coffee experiences,” said Guillaume Le Cunff, President Nespresso USA. “Nespresso is thrilled to be the first to bring this rare coffee to the U.S., allowing consumers to rediscover this distinct coffee profile. Over the long-term, we have a view to supporting the development of environmentally sustainable coffee farming practices for smallholder farmers which benefit the farmers themselves and their communities. Ultimately, we want consumers in the U.S. to experience this incredible coffee and to enjoy it now and for years to come.”

The U.S. Department of State in late April updated its list of goods produced by independent Cuban entrepreneurs that can be imported into the United States to include coffee. This change paved the way for Nespresso to offer Cuban coffee to the U.S. market.

Nespresso’s approach to sustainability is embedded in its business practices and focuses on initiatives that preserve the environment for future generations and create shared value for all stakeholders and society. Nespresso has extensive experience working closely with coffee farmers to improve productivity and create attractive income opportunities for them. Through the Nespresso AAA Sustainable Quality™ Program, which was developed with the Rainforest Alliance, Nespresso works with farmers, providing support, training, financing and technical assistance to improve sustainability and productivity while maintaining quality.

About the Nespresso AAA Sustainable Quality™ Program

The Nespresso AAA Sustainable Quality™ Program, launched in 2003 in collaboration with the NGO The Rainforest Alliance, supports coffee communities by investing in community infrastructures, paying cash premiums for superior coffee and best agricultural practices, and providing training, financing and technical assistance to continuously improve quality, sustainability and productivity- the three pillars represented by the “triple As”in the program’s name. This approach drives improvements in social, environmental and economic conditions for coffee farmers and farming communities.

About TechnoServe

TechnoServeis a nonprofit organisation that works with coffee communities around the world. It works in 30 developing countries to support competitive farms, businesses and industries. For nine straight years, TechnoServe has earned a 4-star rating from Charity Navigator, placing it in the top 1 percent of all rated nonprofits.

Editor's NOTE: According to Nestle Nespresso USA, Inc., Cafecito de Cuba will be 100% Cuban Arabica coffee from the regions of Granma and Santiago de Cuba.  According to the London, United Kingdom-based International Coffee Organization (ICO), in 2015 the Republic of Cuba harvested 100,000 60-kilogram bags of coffee, consumed 200,000 60-kilogram bags of coffee, and exported 8,696 60-kilogram bags of coffee.  Nestle Nespresso previously created a Republic of Cuba-themed product:

Nestle Nespresso Media Release
2 September 2014

Nespresso pays tribute to Cuban coffee tradition with Limited Edition Cubanía; Inspired by the passion and intensity of Cuban coffee ritual

Inspired by the warmth of the Cuban way of life and its iconic coffee ritual, Nespresso coffee experts have stretched their mastery of coffee creation to produce Cubanía, the Fall 2014 Limited Edition Grand Cru.

The way of drinking coffee in Cuba – Cubano-style – is a leisurely tradition. It mixes a portion of strong, black coffee with cane sugar until it becomes a thick, creamy paste. Then it combines it with yet more coffee. This distinctive coffee ritual represents the sensual Latin style: a different pace of life with time to savour one another’s company.  Nespresso has captured this spirit in Cubanía, a bold blend of highly roasted Arabicas and Robustas with a dense texture and powerful bouquet without strong bitterness. Breaking the Nespresso record of intensity by going one step beyond the Kazaar Grand Cru, Cubanía reaches level 13.  

Mastery of origins and process for unsurpassed intensity

This achievement of unsurpassed intensity draws upon earlier Nespresso creations. It also builds on the mastery of an innovative technique: steaming coffee to change its chemical and physical structure.  A coffee’s intensity is based on the density of the beans and their roasting profile. Choosing which coffee beans can deliver such an intense experience takes Nespresso know-how. For intensity, a high-end Indian Robusta was slowly steamed to allow for greater extractability, while reducing bitterness and enhancing smoothness. Brazilian Robusta Conillon was added to ensure intensity. This was paired with a mild Colombian Arabica used already in 2012 for the Limited Edition Crealto, capable of taking a long roast while delivering smooth and pure coffee flavour. Nespresso coffee experts also selected a mild Arabica to complement the blend.

Enjoying coffee the Latin way

Nespresso seeks to continuously invite Club Members into new ways of understanding, appreciating and experiencing coffee. To enjoy Cubanía in the traditional Cubano style, Nespresso coffee experts recommend adding a 25 ml ristretto to a measure of cane sugar, stirring well until it becomes a creamy, light brown paste. Then, extract a second 25 ml ristretto on top of the mixture and stir. This intense and syrupy black coffee with its tantalizing, dense crema enables coffee aficionados to fully experience Cubanía with Latin flair.  Adding 25 ml of hot milk to a Café Cubano creates a velvety coffee and milk elixir reminiscent of the dessert dulce de leche, with sweet notes of cookie and caramel.  The wild, yet complex aromatics of Cubanía are revealed when it is taken black, as a 25 ml ristretto.

USA TODAY
Arlington, Virginia
20 June 2016

Cuban coffee to be sold in the U.S.

By Alan Gomez

MIAMI — The next phase of Cuba's changing relationship with the United States will come in the form of coffee.

Switzerland-based Nespresso announced Monday that it will sell Cuban coffee in the U.S. starting this fall. The long-restricted coffee will first be sold as a limited edition, called Cafecito de Cuba, in stores, online and over the phone.

Guillaume Le Cunff, president of Nespresso USA, said it's good to be the first company to provide Cuban coffee to the U.S. market. He stressed that Nespresso is more interested in developing a long-term arrangement to ensure a steady supply of Cuban coffee for U.S. customers and improved living conditions for Cuba's farmers.  

"We're not looking at this as a short-term achievement," Le Cunff said Sunday. "It's the starting point of a very long-term initiative. We're very optimistic that we can drive and build this project. Ultimately, we want consumers in the U.S. to experience this incredible coffee and to enjoy it now and for years to come."

Cuba's iconic products — from coffee to rum to the island's fabled cigars — have been off limits to U.S. consumers for more than 50 years because of the economic embargo maintained on the communist country. Opportunities opened after December 2014, when President Obama and Cuban President Raúl Castro announced that the Cold War foes would begin normalizing relations.

The Obama administration has since issued new regulations allowing for more trade and travel between the countries. That included an amended regulation published in April that removed coffee from the list of items barred from being imported from Cuba.  Nespresso officials immediately took notice.  

The company has already partnered with TechnoServe, a Washington-based non-profit development organization, to assist coffee farmers in Colombia, South Sudan, Kenya and Ethiopia. David Browning, senior vice president for strategic initiatives at TechnoServe, recently visited Cuba to meet with government officials and inspect the small farms where Cuba's coffee is grown.

Much of Cuba's agricultural land is managed by cooperatives of small, private farmers. They then sell their products to the Cuban government, which either distributes the goods on the island or exports them around the world. Nespresso will begin its Cuba experiment by buying coffee beans from European importers, roasting the beans, packaging the coffee in pods and selling them in the United States.

Browning said both companies examined the new regulations and saw the opening they needed.  "All that was necessary was for the lawyers to make sure they fully understood the U.S. government's intent," he said. "Everything was very clear."

The next phase for Nespresso and TechnoServe will be to help Cuba's private farmers improve their production processes, from helping them secure new agricultural equipment to fine-tuning their planting and harvesting processes.  Browning said such guidance has helped farmers in other countries improve their output, which led to more income for the farmers and improved standards of living.  "We're really eager to be in listening mode and start to understand the state of industry and how we can be most helpful," he said.

Until then, the two men were eager for U.S. customers to experience the foreign flavor. Browning described Cuba's Arabica coffee beans, grown in the fertile lands in eastern Cuba, as having notes of cedar with a light, caramel finish. And Le Cunff said the exotic, forbidden aspect of the coffee is a lure itself.

"Our customers expect us to bring new coffee experiences, and they expect to be surprised," he said. "We know that with our U.S. customers, there is a high level of curiosity and excitement to have this coffee. So we expect a high level of response."

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