Is Biden Transition Testing "Communist" And "Democracy" For Primary Messaging?

FOR IMMEDIATE RELEASE
December 3, 2020

Remarks as Prepared for Delivery by Nominee for Secretary of Department of Homeland Security Alejandro N. Mayorkas to the American Business Immigration Coalition

Excerpt:

Good afternoon. I am honored to join you today. For more than 200 years, our country’s bipartisan tradition of welcoming immigrants from around the world has kept us dynamic and entrepreneurial. It has strengthened our families — including my own — our communities, our economy, and our nation. When I was very young, the United States provided my family a place of refuge. In 1960, my father moved us from Cuba to Miami because he did not want to raise us in a communist country. He believed in democracy, and he understood the perils and the challenges of living otherwise.

Turkey's Karadeniz Holding May Add To “Karpowership” Fleet In Cuba

Istanbul, Turkey-based Karadeniz Holding and its “Karpowership” project in the Republic of Cuba- Project Cuba: “In October 2018, Karpowership signed a contract with Unión Eléctrica de Cuba (UNE), the state electricity company of Cuba, to deploy three Powerships of 110 MW in total for a period of 51 months. Karadeniz Powership Barış Bey and Karadeniz Powership Esra Sultan started operation in Port de Mariel in July 2019 and Karadeniz Powership Ela Sultan started operations in November 2019. In November 2019, the contract capacity was increased to 184 MW. Cuba is Karpowership’s first project in Western Hemisphere. Karpowership will supply 10% of Cuba’s total electricity needs.” 

Argus Media
Cuba in talks to install more Turkish power barges
2 December 2020
By Canute James and Patricia Garip

Turkey's Karpowership is in talks with Cuba to install additional thermal power barges to support three that are now delivering 10% of the island's electricity, the company told Argus. The three floating thermal generating units are berthed in the northern port of Mariel, 40km (24.8mi) west of Havana, and are using heavy fuel oil to supply state-owned utility UNE. The Barış Bey and Esra Sultan barges started operating in Mariel in July 2019, and the Ela Sultan started up in November 2019, expanding contract capacity with UNE up to 184MW. UNE has not responded to a request for comment. Cuba routinely experiences blackouts, partly because of spotty delivery of imported fuel for UNE's oil-fired plants. Some of Cuba's Soviet-era plants burn domestic heavy crude, and others use diesel. Cuba has 5.87GW of installed generating capacity, of which 3.2GW is operational, according to UNE. 

Venezuela's state-owned PdV supplies crude and refined products to Cuba under an opaque two-decade-old barter agreement between Havana and Caracas. But PdV's own crude production has plummeted in recent years and its refineries are mostly broken.  Cuba still receives some Venezuelan oil aboard PdV-owned tankers that regularly shuttle back and forth to the island despite US sanctions aimed at thwarting the trade. But neither the government nor state-owned oil company Cupet has disclosed the volumes and make-up of the supplies.  Venezuela's US-backed political opposition regularly decries the supply to Cuba as a giveaway of the Opec country's resources. It is not clear if the Turkish barges are using Venezuelan fuel oil. The negotiations between UNE and Karpowership are currently paused because of the Covid-19 pandemic but will be resumed "as soon as possible," Karpowership said. 

Karadeniz Holding Of Turkey Update On "Karpowership" Operations In Cuba (9 March 2020)

Istanbul, Turkey-based Karadeniz Holding AS has reported: “In October 2018, Karpowership signed a contract with Unión Eléctrica de Cuba (UNE), the state electricity company of Cuba, to deploy three Powerships of 110 MW in total for a period of 51 months. Karadeniz Powership Barış Bey and Karadeniz Powership Esra Sultan started operation in Port de Mariel in July 2019 and Karadeniz Powership Ela Sultan started operations in November 2019. In November 2019, the contract capacity was increased to 184 MW. Cuba is Karpowership’s first project in Western Hemisphere. Karpowership will supply 10% of Cuba’s total electricity needs.” 

From Karadeniz Holding: “As of 2019 Karpowership owns and operates world’s largest floating power plant fleet of 25 Powerships with an installed capacity exceeding 4,100 MW. We have a pipeline of 4,400 MW in the works at our shipyards. Karadeniz Holding, which manages the Powership fleet under its international brand Karpowership, produces electricity from Africa to Asia at 15 different locations today. Karpowership covers 10 to 100 percent of electricity production in countries such as Indonesia, Ghana, Mozambique, Gambia, Sierra Leone, Guinea, Guinea Bissau, Senegal and Lebanon.  Today, Karadeniz Holding, with operations in 19 countries, continues its investments with 2,600 employees.”  

Turkey's Karadeniz Holding Reports Electricity Contract With Cuba In October 2018; But, No Contract Signed Five Months Later (1 April 2020)  

The February 2019 issue of The Turkish Perspective, distributed to passengers traveling on Istanbul, Turkey-based Turkish Airlines, included an article on page 20 about Istanbul, Turkey-based Karadeniz Holding and its “Karpowership” project in the Republic of Cuba. The title of the article was “The Floating Energy Hub Of The ‘One World’” Karadeniz Holding is taking Turkey’s technology to other countries with it’s global brand Karpowership.  As of 2018, it has become the company with the world’s largest floating power plant fleet with 15 energy ships with an installed capacity of 2,800 MW.”  

“Lastly, in October 2018, Karpowership expanded to South America and signed a contract with Energoimport, part of the Ministry of Energy of Cuba [Republic of Cuba government-operated Union Electrica], to provide electricity of 160 MW for 51-months.  This is a crucial step in the Power of Friendship project, as Karpowership continues to spread ability to access economical electricity around the world.”  

Unknowns: Is Energoimport paying the full cost of the service?  Why is the service contract for 51-months?  Why is the service contract for 160 MW?  Where will the vessel be docked in the Republic of Cuba?  

Response from Karadeniz Holding: “The details of our project are not fixed, still in the works, we will reach back out to you once our full project parameters are finalized.”  Karadeniz Holding had sought an employee to manage its operations in the Republic of Cuba.  

From the company’s Internet site: “Since 2010, 15 Powerships have been completed reaching 2,800 MW installed capacity. In addition, 18 Powerships with a total capacity of 5,000 MW will be added to the Karpowership fleet. Powerships have been supplying 25% of Lebanon, 23% of Ghana, 10% of Mozambique, 30% of Northern Sulawesi, Indonesia, 55% of East Nusa Tenggra, Indonesia, 80% of Ambon, Indonesia, 10% of Sudan, 33% of Gambia, and 33% of Sierra Leone’s total electricity generation. By 2018, it has met 15% of Iraq’s and 16% of Zambia’s energy needs.”   

PROJECT MANAGER, CUBA- Karadeniz Holding   

“Founded in 1948, Karadeniz Holding engages in various sectors, primarily energy, finance, tourism and real estate industries. The Group is the only owner, operator and builder of the first Powership™ (floating power plant) fleet in the world and plays an active role in medium to long-term investments with more than 1600 employees around the world in different 16 countries in Europe, Africa, Asia and Latin America.

We are looking for PROJECT MANAGER (Turkish citizen and/or expat) who will be working mainly for our Power Plant projects in Cuba. The candidate shall be based in the Head Quarter in Istanbul and responsible of the administrative and commercial part of Powership projects implementation. The successful candidate should have the following qualifications;  Engineering degree, MBA or masters degree is a plus, At least 7 years experience required, preferably in international Project Management, Experience in Latin America electricity market and power generation sector in a project management capacity ideal, Preferably experienced in commercial management of international investment projects in the energy sector, Thorough knowledge of Project operations and financial processes, Native-level Spanish with excellent written and spoken is must, ideally with an additional language, preferably Portuguese, Very good command of MS Office Applications, High level of presentation skills, Financial understanding and business mindset, An outstanding eye for detail with a drive to provide exceptional administrative support, Ability to perform in a complex cross-functional business environment, Ability to work well as part of a strategic team in a fast-paced, deadline-oriented work environment, completing multiple complex tasks simultaneously, Excellent communication, negotiation & conflict management skills, Outstanding influencing, interpersonal and networking skills to drive collaborative culture at all level, Strong critical thinking and effective problem solving skills, Keen and effective team player, No restrictions for travelling inside of Turkey and across Africa and LatAm, No military obligation for male candidates.   

JOB DESCRIPTION- Typical responsibilities to include; Manage proactively all contractual matters related to the project, follow performance criteria within the scope of the contract and defend the company against any contractual breaches and preserve interests, Supervise the timely production, submission and reception of documents/reports and make sure appropriate follow-up is made by concerned parties, Contribution to the evaluation process (cost, schedule, technical content, etc.) of identified development ideas during the Business Plan preparation, Responsible for coordination and follow up of project realization (control and supervision of project preparation and implementation incl. follow-up activities) during the entire lifecycle of the projects, Responsible for consulting/preparation of sales invoicing studies, Submission of periodical progress reports.   

The Foundations of Karadeniz Holding were laid in 1948 by Rauf Osman Karadeniz. Karadeniz Holding began in the machine and heavy industry trade and diversified its business interests over the years. In 1996, Karadeniz Holding Group saw the growth potential in the energy industry and decided to take step into that industry by founding the Karadeniz Energy Group. Karadeniz Energy Group became the first company to obtain more than one license throughout the energy value chain in Turkey ın 2002, with the liberalization of the Turkish Energy Industry. The production, wholesale and export licenses were obtained. Karadeniz Holding Group decided to diversify its business concerns, acquiring Pamuk Factoring, Pamuk Leasing, and Eti Yatırım, opening operations in the finance industryın 2007. The group plays an active role in all finance operations except banking In 2009, the Karadeniz Energy Group began designing and producing "Powership" in order to establish world's first floating energy ship fleet in keeping with its vision of global expansion. 5 ships sailed to Iraq and Pakistan and commenced energy production in 2010 – 2011. Continuing its activities in the energy, finance, tourism and real estate industries with 1.500 employees, Karadeniz Holding promotes Turkey and continues to contribute value added to the national economy with business activities and international investments for over 60 years.  

The Foundations of the Black Sea. Black Sea Business In 1996, Karadeniz Holding Group saw the growth potential of the Black Sea Energy Group. Black Sea Energy Group has become one of the top companies in the world in 2002, with the liberalization of the Turkish Energy Industry. The production, wholesale and export licenses were obtained. Karadeniz Holding Group decided to diversify its business concerns, acquiring Pamuk Factoring, Cotton Leasing, and Eti Investment, opening operations in the finance industry in 2007. The group plays an active role in all finance operations except banking In 2009, the Karadeniz Energy Group began designing and producing "Powership" in order to establish the world's first floating energy ship fleet in keeping with its vision of global expansion. 5 companies sailed in Iraq and Pakistan in 2011 - 2011 activities for over 60 years.” 

Karpowership Brochure In PDF Format 

Karadeniz Of Turkey Delivering Floating Power Plant To Cuba For 51-Month Contract (23 April 2020)

From The Republic of Cuba:  Ankara, Apr 10 (Prensa Latina) The agreement between Cuba and the Turkish company Karadeniz Holding put a floating power plant on the way to the port of Mariel, diplomatic sources informed Prensa Latina this Wednesday. In the ceremony of departure of the ship, named Karadeniz Baris Bey, were present the technical director of the Electrical Union of Cuba (UNE), Lázaro Guerra; and the ambassador of Cuba in the country, Luis Amorós Núñez; and the president and vice-president of the owner company, Osman and Orhan Karadeniz. In this way, Cuba becomes part of the group of 9 countries that have floating facilities for the production of electricity, built by the Turkish group, and will be the first in Latin America to be able to participate in this innovative experience. The ship departed from the port of Yalova, in the sea of Marmara, in western Turkey, where it was built in the Karmarine shipyards, and upon its arrival on the island the power plant will be connected to the grid to supply the National Electric System of Cuba for a period of 4 years.  

From The EEOC On 31 March 2019: The February 2019 issue of The Turkish Perspective, distributed to passengers traveling on Istanbul, Turkey-based Turkish Airlines, included an article on page 20 about Istanbul, Turkey-based Karadeniz Holding and its “Karpowership” project in the Republic of Cuba. The title of the article was “The Floating Energy Hub Of The ‘One World’” Karadeniz Holding is taking Turkey’s technology to other countries with it’s global brand Karpowership.  As of 2018, it has become the company with the world’s largest floating power plant fleet with 15 energy ships with an installed capacity of 2,800 MW.”   

“Lastly, in October 2018, Karpowership expanded to South America and signed a contract with Energoimport, part of the Ministry of Energy of Cuba [Republic of Cuba government-operated Union Electrica], to provide electricity of 160 MW for 51-months.  This is a crucial step in the Power of Friendship project, as Karpowership continues to spread ability to access economical electricity around the world.”    

Unknowns: Is Energoimport paying the full cost of the service?  Why is the service contract for 51-months?  Why is the service contract for 160 MW?  Where will the vessel be docked in the Republic of Cuba? Response from Karadeniz Holding: “The details of our project are not fixed, still in the works, we will reach back out to you once our full project parameters are finalized.”  Karadeniz Holding had sought an employee to manage its operations in the Republic of Cuba.  

30th Libertad Act Title III Lawsuit Filed- This One Against Societe Generale And BNP Paribas, Both Of France, May Have Found Jurisdiction In New York

This is the thirtieth (30th) Libertad Act Title III lawsuit filed since 2 May 2019.  LINK To Filing Statistics  

With the new lawsuit filed in the Southern District of New York, each defendant has financial transactions flowing through New York State and those financial transactions are subject to United States legal jurisdiction. A similar lawsuit was filed in Florida, then moved to New York.  Now, a second lawsuit was filed in New York.  Why? Finding a court with jurisdiction. 

JUAN B. PUJOL MOREIRA, in his personal capacity, and as Personal Representative and Administrator of the ESTATE OF NIEVES PUJOL, a/k/a NIEVES MOREIRA MARTINEZ, MARIA JULIA PUJOL MOREIRA, INES MARIA PUJOL FAGET, as Personal Representative and Executor of the ESTATE OF ARCADIO JOAQUIN PUJOL IZQUIERDO, SARA L. PUJOL, as Personal Representative and Administrator of the ESTATE OF LAUREANO PUJOL ROJAS, LUIS R. PUJOL ROJAS, ANA H. FRAGA, LORENZO PEREZ PUJOL, FRANCISCO PUJOL MENESES, PILAR M. PUJOL MENESES, and RAUL PUJOL MENESES, Plaintiffs, v. SOCIETE GENERALE, S.A. and BNP PARIBAS, S.A. [1:20-cv-09380; Southern District Of New York] 

Kozyak Tropin & Throckmorton, LLP (plaintiff)
MoloLamken LLC (plaintiff)

Complaint (11/9/20)
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4

Excerpts From Complaint: 

JURISDICTION AND VENUE 

Defendant Societe Generale, S.A., is a multinational bank headquartered at 29 Blvd. Haussman, 9th Arrondissement, Paris, France. SocGen purposefully availed itself of the privilege of doing business in this forum by maintaining a branch in this forum and by conducting banking business in New York through its branch located at 245 Park Avenue, New York, New York 10029. Using that branch, SocGen has maintained credit facilities that have cleared a substantial number of payments on behalf of BNC.2 Plaintiffs' claim arises out of those transactions involving SocGen's New York branch. SocGen has been present in the United States since the 1930s, and continues to maintain a substantial presence, employing more than 2,500 people in North America.  Defendant BNP Paribas, S.A., is a multinational bank headquartered at 16 Blvd. des Italiens, Paris, France. Paribas purposefully availed itself of the privilege of doing business in this forum by maintaining a branch in this District at 787 7th Avenue, New York, New York 10019. Paribas has maintained credit facilities and routed wire transfers for BNC's benefit through its New York branch. Plaintiffs' claim arises out of those transactions involving Paribas' New York branch.3 Paribas has been present in the United States since the late 1800s, and continues to maintain a substantial presence, employing more than 16,000 people in North America.  This Court has subject-matter jurisdiction over this matter under 28 U.S.C. § 1331. Plaintiffs bring a civil action that arises under federal law, 22 U.S.C. § 6082.  Venue is proper in the Southern District of New York under 28 U.S.C. § 1391(b)(1) because Defendants reside or are deemed to reside in the Southern District of New York under 28 U.S.C. §§ 1391(c) and (d). Venue is also proper under 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to the claim occurred in this District, including each Defendant's use of its respective New York branch to maintain credit facilities or process wires for the benefit of BNC. Alternatively, venue is proper under 28 U.S.C. § 1391(b)(3) because Defendants are subject to personal jurisdiction in this District with respect to this action. 

SocGen's Trafficking 

The U.S. economic embargo of Cuba restricts access to U.S. dollars important for transacting business in international markets. U.S. law restricts, for example, BNC's ability to use the U.S. financial system to conduct business in dollars-either to promote its own interests or to serve clients-by limiting U.S. banks' ability to process transactions involving BNC.  For that reason, most "[f]inancial institutions in the United States that process U.S. dollar transactions from other countries utilize sophisticated filters designed to identify and block or reject any transactions involving entities that have been sanctioned by [the Office of Foreign Asset Control]," including BNC.5 To evade those restrictions and avoid having critical transactions blocked, BNC obtained assistance from SocGen. As SocGen admitted in a deferred prosecution agreement, it unlawfully provided "a Cuban government bank" (i.e., BNC) and other Cuban entities access to U.S. dollars and the U.S. financial system. 

Related Lawsuit: 

SUCESORES DE DON CARLOS NUNEZ Y DONA PURA GALVEZ, INC., BDA BANO NUNEZ V. SOCIÉTÉ GÉNÉRALE, S.A., D/B/A SG AMERICAS, INC.; THE BANK OF NOVA SCOTIA, D/B/A SCOTIA HOLDINGS (US) INC., A/K/A THE BANK OF NOVA SCOTIA, MIAMI AGENCY; THE NATIONAL BANK OF CANADA, D/B/A NATIONAL BANK OF CANADA FINANCIAL GROUP, INC.; AND BANCO BILBAO VIZCAYA ARGENTARIA, S.A., D/B/A BBVA, USA., [1:19-cv-22842; Southern Florida District].  NOTE: Case transferred to New York Southern District On 2 February 2020 [1:20-cv-00851].  Current defendants Societe Generale, S.A. and BNP Paribas, S.A. 

Kozyak Tropin & Throckmorton, LLP (plaintiff)
Law Offices Of Paul Sack P.A. (plaintiff)
MoloLamken LLC (plaintiff)
Cleary Gottlieb Steen & Hamilton (defendant)
Mayer Brown LLP (defendant)
Reed Smith LLP (defendant)
Astigarraga Davis Mullins & Grossman (defendant)

Libertad Act Title III Lawsuit Updates: Three Dismissals, Attorney Withdrawals, Motions, EU Update

LUIS MANUEL RODRIGUEZ, MARIA TERESA RODRIGUEZ, a/k/a MARIA TERESA LANDA, ALFREDO RAMON FORNS, RAMON ALBERTO RODRIGUEZ, RAUL LORENZO RODRIGUEZ, CHRISTINA CONROY, and FRANCISCO RAMON RODRIGUEZ, Plaintiffs, v. IMPERIAL BRANDS PLC, CORPORACIÓN HABANOS, S.A., WPP PLC, YOUNG & RUBICAM LLC, and BCW LLC, a/k/a BURSON COHN & WOLFE LLC [1:20-cv-23287; Southern Florida District].

Berenthal & Associates (plaintiff)
Rodriguez Tramont & Nunez (plaintiff)
Nelson Mullins (defendant)
Allen & Overy (defendant)
Wilmer Cutler Pickering Hale and Dorr (defendant)
Broad & Cassel (defendant)
Akerman (defendant)

Defendant Imperial Brands PLC’s Second Status Report (11/23/20)

WILLIAM H. CLAFLIN ET AL V. LAFARGEHOLCIM LTD; INVERSIONES IBERSUIZAS S.A.; HOLCIM TRADING SA (F/K/A) UNION MARITIMA INTERNACIONAL SA; DE RUITER OUDERLANDE B.V.; LAS PAILAS DE CEMENTO S.A.U.; and UNKNOWN SUBSIDIARY OF THE LAFARGEHOLCIM GROUP [1:20-cv-23787; Southern Florida District].

Berliner Corcoran & Rowe LLP (plaintiff)
Roig Lawyers (plaintiff)

Order Of Reassignment (11/23/20)

OSVALDO SOTO V. BOOKING.COM B.V. AND BOOKING HOLDINGS INC. [1:20-cv-24044; Southern Florida District]

Rivero Mestre LLP (plaintiff)
Manuel Vazquez PA (plaintiff)

Order (11/24/20)

NORTH AMERICAN SUGAR INDUSTRIES INC., V. XINJIANG GOLDWIND SCIENCE & TECHNOLOGY CO., LTD., GOLDWIND INTERNATIONAL HOLDINGS (HK) LTD., DSV AIR & SEA INC., BBC CHARTERING USA, LLC, and BBC CHARTERING SINGAPORE PTE LTD., [1:20-cv-22471; Southern Florida District].

Gibson, Dunn & Crutcher (plaintiff)
Mandel & Mandel (plaintiff
Morgan, Lewis & Bochius (defendant)
Akerman (defendant)
Hogan Lovells LLP (defendant)

Defendant’s Reply In Support Of Motion To Dismiss Complaint (11/12/20)

JOHN S. SHEPARD FAMILY TRUST, THROUGH JOHN S. SHEPARD AND LAWRENCE JAFFE, AS CO-TRUSTEES, V. NH HOTELS USA, INC., NH HOTEL GROUP, S.A., AND JOLLY HOTELS U.S.A., INC. [1-19-cv-09026; Southern District New York]. Case dismissed by plaintiff without prejudice on 26 February 2020.

Aronovitz Law (plaintiff)
Kantrowitz, Goldhamer, & Graifman (plaintiff)
Bracewell (defendant)
Bird & Bird (defendant)
Law Offices of Robert L. Muse (defendant)

SUCESORES DE DON CARLOS NUNEZ Y DONA PURA GALVEZ, INC., BDA BANO NUNEZ V. SOCIÉTÉ GÉNÉRALE, S.A., D/B/A SG AMERICAS, INC.; THE BANK OF NOVA SCOTIA, D/B/A SCOTIA HOLDINGS (US) INC., A/K/A THE BANK OF NOVA SCOTIA, MIAMI AGENCY; THE NATIONAL BANK OF CANADA, D/B/A NATIONAL BANK OF CANADA FINANCIAL GROUP, INC.; AND BANCO BILBAO VIZCAYA ARGENTARIA, S.A., D/B/A BBVA, USA., [1:19-cv-22842; Southern Florida District]. NOTE: Case transferred to New York Southern District On 2 February 2020 [1:20-cv-00851]. Current defendants Societe Generale, S.A. and BNP Paribas, S.A.

Kozyak Tropin & Throckmorton, LLP (plaintiff)
Law Offices Of Paul Sack P.A. (plaintiff)
MoloLamken LLC (plaintiff)
Mayer Brown LLP (defendant)
ReedSmith LLP (defendant)
Astigarraga Davis Mullins & Grossman (defendant)

Joint Reply Memorandum Of Law In Support Of Defendants’ Motion To Dismiss The Second Amended Complaint Pursuant To Federal Rules Of Civil Procedure 12(B)(1) And 12(B)(6) (11/06/20)

DIEGO TRINIDAD v. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, LLC, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC. [1:19-cv-22629; Southern Florida District]

Rivero Mestre (plaintiff)
Manuel Vazquez (plaintiff)
Akerman LLP (defendant- Expedia Group, Inc., Expedia, Inc.)
Scott Douglass & McConnico LLP (defendant- terminated 2/12/20))
Baker & McKenzie (defendant- Booking Holdings, Inc., Booking.com B.V.)

Order Granting Motion To Dismiss With Leave To Amend (11/16/20)

MARICELA MATA, ET. AL., V. MELIA HOTELS INTERNATIONAL, S.A., ET AL. [1:19-cv-22529; Southern Florida District]. NOTE: On 2 January 2020, thirty-five plaintiffs were dismissed, and eight defendants were dismissed without prejudice Melia Hotels International, S.A.; Melia Hotels USA LLC, Trivago GMBH, Grupo Hotelero Gran Caribe, Corporacion de Comercio y Turismo Internacional Cubanacan S.A.; Grupo de Turismo Gaviota S.A.; Raul Doe 1-5, and Mariela Roe 1-5. The case is now known as Maricela Mata, et al. v. Expedia, Inc., et. al.

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Arent Fox (defendant- Melia Hotels)
Coffey Burlington, P.P. (defendant- Melia Hotels)
Akerman LLP (defendant) for Expedia, Inc.; Hotels.com L.P.; Hotels.com GP, LLC; Orbitz, LLC; and Travelocity.com, LP
Scott Douglass & McConnico LLP (defendant) for Expedia, Inc.; Hotels.com L.P.; Hotels.com GP, LLC; Orbitz, LLC; and Travelocity.com, LP
Baker & McKenzie LLP (defendant) for Booking Holdings Inc. and Booking.com B.V.

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

Joint Motion To Enlarge Certain Pre-Trial Deadlines (11/30/20)
Joint Motion To Enlarge Expert Disclosure And Rebuttal Deadlines (11/30/20)

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)

Order To Compel (11/16/20)

HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [1:19-cv-21724; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)

Joint Motion To Enlarge Expert Disclosure And Rebuttal Deadlines (11/30/20)

JAVIER GARCIA-BENGOCHEA V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23593; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)

Order Granting Motion To Withdraw As Counsel (11/25/20)

JAVIER GARCIA-BENGOCHEA V. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINE, A FOREIGN CORPORATION [1:19-cv-21725 Southern Florida District; 20-12960 11th Circuit Court of Appeals]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Creed & Gowdy (plaintiff- appellate)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)

JAVIER GARCIA-BENGOCHEA VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23592; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)

Order Granting Motion To Withdraw As Counsel (11/25/20)

ROBERT M. GLEN V. EXPEDIA GROUP, INC., EXPEDIA GROUP, INC., TRIP ADVISOR LLC, TRIP ADVISOR, INC., ORBITZ, LLC, TRIP NETWORK, INC. D/B/A CHEAPTICKETS, KAYAK SOFTWARE CORPORATION, BOOKING HOLDINGS, INC., HOTELS.COM GP, LLC, HOTELS.COM L.P., TRAVELSCAPE LLC D/B/A TRAVELOCITY [1:19-cv-01809; Delaware District]

Reid Collins & Tsai (plaintiff)
Rosenthal, Monhait & Goddess, P.A. (plaintiff; law firm since closed; replaced by Andrews & Springer)
Ewusiak Law, P.A. (plaintiff)
Andrews & Springer (plaintiff)
Morris, Nichols, Arsht & Tunnell (defendant- Booking Holdings & Kayak Software Corporation)
Baker & McKenzie (defendant- Booking Holdings & Kayak Software Corporation)
Scott Douglass & McConnico (defendant- Expedia, Inc.; Expedia Group, Inc.; Hotels.com, L.P.; Hotels.com GP, LLC; Travelscape LLC d/b/a/ Travelocity; Orbitz, LLC; Trip Network, Inc. d/b/a/ Cheap Tickets)
Potter Anderson & Corroon (defendant- TripAdvisor)
Ballard Spahr LLP (defendant- Expedia, Inc.; Expedia Group, Inc.; Hotels.com, L.P.; Hotels.com GP, LLC; Travelscape LLC d/b/a/ Travelocity; Orbitz, LLC; Trip Network, Inc. d/b/a/ Cheap Tickets)
Cooch & Taylor, P.A. (amicus)

Letter From Andrews & Springer (11/12/20)

ROBERT M. GLEN V. AMERICAN AIRLINES, INC., [1:19-cv-23994 Southern Florida District; 4:20-cv-00482-A Transferred To Northern Texas District; 5th Circuit Court of Appeals 20-10903]

Reid Collins & Tsai (plaintiff)
Ewusiak Law, P.A. (plaintiff)
Jones Day (defendant)
Kelly Hart & Hallman LLP (defendant)

ROBERT M. GLEN VS. TRIPADVISOR LLC, TRIPADVISOR, INC., ORBITZ, LLC, TRIP NETWORK, INC. D/B/A CHEAPTICKETS, KAYAK SOFTWARE CORPORATION, BOOKING HOLDINGS, INC., EXPEDIA, INC., EXPEDIA GROUP, INC., HOTELS.COM, L.P., HOTELS.COM GP, LLC, and TRAVELSCAPE LLC D/B/A TRAVELOCITY [2:19-cv-01683; Nevada District] On 16 December 2019, plaintiff requested dismissal without prejudice, which was granted; action consolidated with 1:19-cv-01809 in Delaware District

Rice Reuther Sullivan & Carroll, LLC (plaintiff)
Reid Collins & Tsai LLP (plaintiff)

ROBERT M. GLEN V. EXPEDIA, INC.; EXPEDIA GROUP, INC.; HOTELS.COM, L.P.; AND HOTELS.COM GP, LLC [2:19-cv-01538; Washington Western District]

Pacifica Law Group LLP (plaintiff)
Reid Collins & Tsai LLP (plaintiff)

ROBERT M. GLEN V. VISA, INC., VISA U.S.A., INC., VISA INTERNATIONAL SERVICE ASSOCIATION, MASTERCARD INCORPORATED, MASTERCARD INTERNATIONAL INCORPORATED [1:19-cv-01870; Delaware District]

Reid Collins & Tsai LLP (plaintiff)
Andrews & Springer LLC (plaintiff)
Sidley Austin LLP (defendant- Mastercard)
Akerman (defendant- Visa)
Ballard Shahr LLP (defendant- Visa)
Young, Conaway, Stargatt & Taylor (defendant- Mastercard)

Letter From Andrews & Springer (11/12/20)

HEREDEROS DE ROBERTO GOMEZ CABRERA, LLC v. TECK RESOURCES LIMITED [1:20-cv-21630; Southern Florida District]

Hirzel Dreyfuss & Dempsey, PLLC (plaintiff)
Roig & Villarreal, P.A. (plaintiff)
Law Office of David A. Villarreal, P.A. (plaintiff)
Pillsbury Winthrop Shaw Pittman (defendant)

Reply Memorandum Of Defendant Teck Resources Limited In Further Support Of Its Motion To Dismiss Plaintiff’s Amended Complaint (11/13/20)

EXXON MOBIL CORPORATION V. CORPORACION CIMEX, S.A. (Cuba), CORPRACION CIMEX, S.A. (Panama), AND UNION CUBA-PETROLEO [1:19-cv-01277; Washington DC]

Steptoe & Johnson (plaintiff)
Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C. (defendant)

DANIEL A. GONZALEZ VS. AMAZON.COM, INC., AND SUSSHI INTERNATIONAL, INC., D/B/A/ FOGO CHARCOAL [1:19-cv-23988; Southern Florida District; 20-12113-F 11th Circuit Court of Appeals]

Cueto Law Group, P.L. (plaintiff)
Daniel Gonzalez (plaintiff- Pro Se appeal)
Wicker Smith O’Hara McCoy & Ford (defendant- Susshi International)
Morgan, Lewis & Bockius (defendant- Amazon)

MARIO ECHEVARRIA, ESTHER SANCHEZ, CONSUELO CUEVAS, AND CARMEN FLORIDO V. EXPEDIA, INC., TRIVAGO GMBLJ, A GERMAN LIMITED LIABILITY COMPANY, BOOKING.COM B.V., A DUTCH LIMITED LIABILITY COMPANY, GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE 1-5, AND MARIELA ROE 1-5, [1:19-cv-22620; Southern Florida District]

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Baker & McKenzie (defendant- Booking Holdings, Inc., Booking.com B.V.)
Scott Douglas & McConnico LLP (defendant- Expedia, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC)
Akerman LLP (defendant- Expedia, Inc., Hotels,com GP, LLC, Hotels.com L.P., Orbitz, LLC)

Order Granting Motion To Dismiss With Leave To Amend (11/16/20)

MARIO ECHEVARRIA, ESTHER SANCHEZ, CONSUELO CUEVAS, AND CARMEN FLORIDO V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, LLC, ORBITZ, LLC, BOOKING.COM B.V., AND BOOKING HOLDINGS, INC. Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22621; Southern Florida District]

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Baker & McKenzie, LLP (defendant- Booking Holdings, Booking.com. B.A.)

Order Granting Motion To Dismiss With Leave To Amend (11/16/20)

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

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

JOSE RAMON LOPEZ REGUEIRO V. AMERICAN AIRLINES INC. AND LATAM AIRLINES GROUP, S.A. [1:19-cv-23965; Southern Florida District]

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Jones Day (defendant)
Akerman (defendant)

Joint Status Report (11/02/20)

MARIA DOLORES CANTO MARTI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF DOLORES MARTI MERCADE AND FERNANDO CANTO BORY V. IBEROSTAR HOTELES Y APARTAMENTOS SL [1:20-cv-20078; Southern Florida District]

Zumpano Patricios P.A. (plaintiff)
Bird & Bird (defendant)
Holland & Knight (defendant)

Defendant’s Status Report (11/20/20)

MARLENE CUETO IGLESIAS AND MARIAM IGLESIAS ALVAREZ V. PERNOD RICARD [1:20-cv-20157; Southern Florida District]

IPS Legal Group, P.A. (plaintiff)
Law Offices of Andre G. Raikhelson LLC (plaintiff)
Ainsworth & Clancy PLLC (plaintiff)
Carlton Fields P.A. (defendant)
Carlton Fields Jorden Burt, P.A. (defendant)

Defendant’s Response In Opposition To Plaintiffs’ Second Renewed Motion For Leave To Conduct Limited Jurisdicitonal Discovery (11/23/20)

LINK TO LIBERTAD ACT TITLE III LAWSUIT STATISTICS

Incoming National Security Advisor Weighs-In On Cuba: Signaling Not-So-Far From Continunity With Trump Administration?

Mr. Jake Sullivan (44 years of age) has been designated by President-elect Joseph Biden as Assistant to the President for National Security Affairs with the tenure to commence on 20 January 2021.

On 29 November 2020, Mr. Sullivan used Twitter to share the following statement: “We support the Cuban people in their struggle for liberty,” Jake Sullivan, U.S. President-elect Joe Biden’s national security adviser wrote on Twitter.  The Cuban people must be allowed to exercise the universal right to freedom of expression.” 

LINK To Previous Post: [Some Of] What Incoming National Security Advisor Believes- Those Beliefs Will Impact Cuba And Venezuela Nov 28, 2020

United States Department of State
Washington DC
24 November 2020

The U.S. government strongly condemns the Cuban regime’s harassment of activists peacefully protesting the imprisonment of human rights defender Denis Solís González. We urge the Cuban government to dismiss this unjust sentence and release him without condition.

The regime has repeatedly targeted Mr. Solís González, a musician and member of the San Isidro Movement (MSI) , for exercising his freedom of expression by denouncing ongoing human rights abuses in Cuba. On November 9, regime officials arrested Mr. Solís, held him incommunicado for three days, and then abruptly sentenced him to eight months in prison on a dubious charge of “contempt.”

Following his detention, regime agents arrested dozens of journalists and human rights defenders seeking information about his case or advocating for his release. They have now blockaded MSI and others inside the group’s headquarters, where dissidents have been subjected to assaults as they call attention to the horrific situation in Cuba. While international journalists have been physically removed from the scene, the world is watching what is happening.

The United States stands in solidarity with the Cuban people, and we will continue to denounce these flagrant abuses against Cubans exercising their rights. We call on democratic partners around the world to raise their voices and make respect for human rights a prerequisite for any dealings with the Castro regime.

Background Of President-elect Biden's Nominee For Deputy Secretary Of The Treasury Has Obama Administration Connectivity

A political connectivity to the Obama Administration may prove beneficial to United States-based companies who seek approvals from the United States Department of the Treasury for transactions relating to the Republic of Cuba.

LINK To Previous Post U.S. Secretary Of The Treasury Janet Yellen's OFAC Will Be Guided By The White House And State Department Nov 24, 2020

Ademale “Wally” Adeyemo
39 Years Of Age
Birthplace: Nigeria

Will Be Nominated: 2021
United States Deputy Secretary of the Treasury
§301. Department of the Treasury:(a) The Department of the Treasury is an executive department of the United States Government at the seat of the Government. (b) The head of the Department is the Secretary of the Treasury. The Secretary is appointed by the President, by and with the advice and consent of the Senate. (c) The Department has a Deputy Secretary of the Treasury appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall carry out- (1) duties and powers prescribed by the Secretary; and (2) the duties and powers of the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.

From United States Department of the Treasury: "The Deputy Secretary of the Treasury is the second-highest-ranking official in the U.S. Department of the Treasury. Appointed by the President and confirmed by the Senate, the Deputy Secretary advises the Secretary on formulating and enacting policy through the Treasury Department. The Deputy Secretary may also oversee activities of the Treasury Department and any other duties delegated by the Secretary. The Deputy Secretary along with the Secretary are the only Treasury officials who may sign Treasury Orders, which delegate authority to other senior Treasury officials and establish departmental policy. The current Deputy Secretary of the Treasury is Justin Muzinich who assumed office on December 12, 2018."

From Mr. Adeyemo’s Profile On LinkedIn:

President
Obama Foundation Full-time
Dates Employed Aug 2019 – Present
Employment Duration 1 yr 4 mos
Location Chicago, Illinois, United States

Our Mission is to inspire, empower, and connect people to change their world. That mission begins at home, on the South Side of Chicago, where we are building the Obama Presidential Center. But it extends to all our work, whether it's holding leadership training sessions in communities throughout the U.S., bringing local leaders together in countries around the world, working to support the global education of girls, or ensuring young men of color have pathways to opportunity.

Non-Resident Fellow
New York University School of Law
Dates Employed Oct 2018 – Present
Employment Duration 2 yrs 2 mos

Senior Advisor
Center for Strategic and International Studies (CSIS)
Dates Employed Mar 2017 – Present
Employment Duration 3 yrs 9 mos

Senior Advisor
BlackRock Full-time
Dates Employed Jun 2017 – Aug 2019
Employment Duration 2 yrs 3 mos
Location New York, New York, United States

Provided macroeconomic and geopolitical advice to BlackRock portfolio managers and clients. Served as interim chief of staff to Larry Fink, CEO and Chairman.

Deputy National Security Advisor and Deputy Director of the National Economic Council
National Security Council, The White House Full-time
Dates Employed Sep 2015 – Jan 2017
Employment Duration 1 yr 5 mos
Location Washington, United States

Served as President Obama’s international economic advisor and the President’s representative to the G-20 and G-7

Deputy Chief of Staff and Senior Advisor
U.S. Department of the Treasury Full-time
Dates Employed Oct 2011 – Sep 2015
Employment Duration 4 yrs
Location Washington, United States

Chief Of Staff
Consumer Financial Protection Bureau Full-time
Dates Employed Aug 2010 – Oct 2011
Employment Duration 1 yr 3 mos
Location Washington, District of Columbia, United States

Deputy Executive Secretary
U.S. Department of the Treasury Full-time
Dates Employed Feb 2009 – Jul 2010
Employment Duration 1 yr 6 mos
Location Washington, District of Columbia, United States

[Some Of] What Incoming National Security Advisor Believes- Those Beliefs Will Impact Cuba And Venezuela

Mr. Jake Sullivan (44 years of age) has been designated by President-elect Joseph Biden as Assistant to the President for National Security Affairs with the tenure to commence on 20 January 2021.

Politico
Washington DC
27 November 2020
By Natasha Bertrand

Excerpts: ““Unlike the policy of the last few years, we will be able to rally the rest of the world behind us” on key foreign policy and national security issues, such as pressuring Iran to come back into compliance with the nuclear deal so that the U.S. can reenter negotiations, Sullivan said. He is similarly optimistic about one of his loftiest goals: “to rally our allies to combat corruption and kleptocracy, and to hold systems of authoritarian capitalism accountable for greater transparency and participation in a rules-based system.” That effort will need to begin at home- as has been well documented, the world’s kleptocratic regimes depend heavily on money laundering networks that commonly extend into Western centers of global finance like New York and London, aided by lax incorporation rules in places like Delaware.”

Those expecting a return to Obama Administration policies relating to the Republic of Cuba and Venezuela may find a Biden Administration has nearer similarity with messaging from the [H.W.] Bush Administration and Clinton Administration. The Biden Administration will be revisionist rather than return full-scale to the bilateral commercial, economic, and political relationship between the United States and the Republic of Cuba existing on 19 January 2017. The background of Mr. Sullivan’s spouse provides further insight to Mr. Sullivan- a focus upon democracy and human rights.

Mr. Sullivan’s spouse: “Margaret Goodlander was an advisor for national security and foreign affairs to Senator Joseph Lieberman and a professional staffer on the Senate Homeland Security and Governmental Affairs Committee. She previously served as the senior speechwriter for Senator Lieberman and later as a senior policy advisor to Senator John McCain. An intelligence officer in the U.S. Navy Reserve, Maggie graduated with distinction from Yale University in May 2009 with a degree in History. At Yale, she undertook several research fellowships in the Middle East, including in Libya, Syria, Egypt, and Lebanon. She previously worked at the Council on Foreign Relations, for Congressman Tom Lantos, and at the Yale University Investments Office. Maggie was born and raised in New Hampshire and is writing a biography of Daniel Webster.”

Add to the statements from Mr. Sullivan to Politico, the Trump Administration decision on 12 November 2020 to prohibit individuals subject to United States jurisdiction from investing in military-controlled companies in the People’s Republic of China will impact the ability of the Biden Administration to alter the Trump Administration’s 2017 policy changes which prohibit individuals subject to United States jurisdiction from engagement with companies controlled by the military in the Republic of Cuba.

With the addition of the People’s Republic of China, the Trump Administration has created a sustainable and transferable and non-Republic of Cuba-centric narrative which will be challenging for the Biden Administration to change without impactful bipartisan criticism from members of the United States Congress.

With the political party divisions narrow in the House of Representatives and in the Senate, there will be little incentive for the Biden Administration to be perceived as “supporting military control of the China and Cuba economies.”

The Trump Administration’s message to the Biden Administration is separating the military from control of country economies is not being punitive, it’s about who would, and who should a United States company want to engage- with a general or with a civilian.

While United States companies would prefer to self-determine whether to engage with military-controlled companies in the Republic of Cuba, executives from United States companies will not be engaging publicly to oppose Trump Administration policy as it transforms into Biden Administration policy.

The White House
Washington DC
12 November 2020

EXECUTIVE ORDER 13959
ADDRESSING THE THREAT FROM SECURITIES INVESTMENTS THAT FINANCE COMMUNIST CHINESE MILITARY COMPANIES

Excerpts

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, find that the People's Republic of China (PRC) is increasingly exploiting United States capital to resource and to enable the development and modernization of its military, intelligence, and other security apparatuses, which continues to allow the PRC to directly threaten the United States homeland and United States forces overseas, including by developing and deploying weapons of mass destruction, advanced conventional weapons, and malicious cyber-enabled actions against the United States and its people. I therefore further find that the PRC's military-industrial complex, by directly supporting the efforts of the PRC's military, intelligence, and other security apparatuses, constitutes an unusual and extraordinary threat, which has its source in substantial part outside the United States, to the national security, foreign policy, and economy of the United States. To protect the United States homeland and the American people, I hereby declare a national emergency with respect to this threat.

The White House
Washington DC
16 June 2017

Fact Sheet On Cuba Policy
Summary of Key Policy Changes:
Excerpts

The new policy channels economic activities away from the Cuban military monopoly, Grupo de Administración Empresarial (GAESA), including most travel-related transactions, while allowing American individuals and entities to develop economic ties to the private, small business sector in Cuba. The new policy makes clear that the primary obstacle to the Cuban people’s prosperity and economic freedom is the Cuban military’s practice of controlling virtually every profitable sector of the economy. President Trump’s policy changes will encourage American commerce with free Cuban businesses and pressure the Cuban government to allow the Cuban people to expand the private sector.

LINK To Previous Post

Cuba Central Bank May Provide Option For Western Union To Continue Services To Cuba: REDSA

UPDATE: On 26 November 2020, the Central Bank of the Republic of Cuba published using Twitter the following statement, which suggests a contradiction to its previous decisions:

Banco Central de Cuba
@BancoCentralCub
Nov 26
Se amplían las facultades a FINCIMEX y @redsaCuba, como preparación al http://futuro. Se ratifica que FINCIMEX es la única entidad que ofrecerá servicio de remesas desde el exterior, efectuando un pago eficiente y seguro. #BancariosCubanos @DiazCanelB @marta_wilson

Google Translate: Central Bank of Cuba @BancoCentralCub · Nov 26 The powers are extended to FINCIMEX and @redsaCuba, in preparation for the future. It is ratified that FINCIMEX is the only entity that will offer remittance services from abroad, making an efficient and secure payment. #BancariosCubanos @DiazCanelB @marta_wilson

LINK To Gaceta Oficial Notification

By Periódico Cubano [LINK To Article]
Hialeah, Florida
25 November 2020

Google Translate:

Central Bank moves token for the return of Western Union to Cuba
A new resolution cancels Fincimex's license to operate remittances that enter the Island

The Cuban government began to "move the tab" to allow Western Union to return to Cuba by enabling another entity other than Fincimex to serve as a partner to the US transnational in the business of remittances to the island. In the Official Gazette of the Republic of Cuba a resolution of the Central Bank of Cuba was published where it cancels the license of Financiera Cimex, S.A. (Fincimex) and grants a new one that regulates the activities of non-bank financial institutions can perform.

However, it is specifically mentioned that the only exception that is not allowed is that of “collecting deposits”. Central Bank moves token for the return of Western Union to Cuba Western Union has more than 400 points in Cuba. (Photo: Cuban newspaper) Said “capture” seems to be directed towards the entity Servicios de Pago Red S.A. (REDSA), which “requested” a revision of its license to include among its activities the management and processing of family remittances from abroad to Cuba. REDSA is the institution in charge of managing the Cuban ATM network and personalizing RED plastic cards and matrix cards under the RED brand.

Now this entity has a period of 30 days to adapt its system to the new functions granted by the Central Bank. In this way, the Cuban government moves token to remove Fincimex, an entity controlled by the military from the Business Administration Group (GAESA) led by Raúl Castro's former son-in-law, Luis Alberto Rodríguez López-Callejas, from the remittances. With the placement of a civil entity such as REDSA, they would be paving the way for a reestablishment of the remittance business to Cuba through Western Union. But, can it be said that REDSA has no ties with the military when everything in Cuba is controlled by the ruling leadership permeated by military leaders?

The answer seems to be obvious, but the Cuban authorities are betting that although the Joe Biden administration will not be able to remove Fincimex from the OFAC blacklist, it will also do nothing to place REDSA on the same list and then it could be resumed. starting in January the business of remittances to Cuba. The closure of Western Union will bring "unimaginable variants" for remittances to Cuba. This past Sunday, November 22, the end of the operations of the transnational money transfer company Western Union was completed, which for more than 20 years offered the remittance delivery service in Cuba. Faced with such a scenario, Cuban economist Omar Everleny Pérez offered an interview for the AP press agency where he warns of the negative impact of the absence of this formal way to send remittances to Cuba from the US, but affirmed that other "unimaginable variants" will surely emerge.

By Periódico Cubano [LINK To Article]
Hialeah, Florida
25 noviembre, 2020

Banco Central mueve ficha para el regreso de Western Union a Cuba
Una nueva resolución cancela la licencia de Fincimex para operar las remesas que entran en la Isla

El gobierno cubano comenzó a “mover ficha” para permitir el regreso de Western Union a Cuba mediante la habilitación de otra entidad que no sea Fincimex para que sirva de socio a la trasnacional estadounidense en el negocio de las remesas a la isla. En la Gaceta Oficial de la República Cuba se publicó una resolución del Banco Central de Cuba donde cancela la licencia de la Financiera Cimex, S.A. (Fincimex) y otorga una nueva que regula las actividades de las instituciones financieras no bancarias pueden realizar. Sin embargo, se alude específicamente que la única excepción que no está permitida es la de “captación de depósitos”.

Dicha “captación” parece estar encaminada hacia la entidad Servicios de Pago Red S.A.(REDSA), la cual “solicitó” una revisión de su licencia para incluir entre sus actividades la gestión y trámite de remesas familiares desde el extranjero hacia Cuba. REDSA es la institución encargada de la administración de la red de cajeros automáticos de Cuba y personalización de tarjetas plásticas RED y matriciales bajo la marca RED. Ahora esta entidad dispone de un plazo de 30 día para adecuar su sistema a la s nuevas funciones otorgadas por el Banco Central.

De esta forma el gobierno cubano mueve ficha para quitar del medio de las remesas a Fincimex, una entidad controlada por los militares del Grupo de Administración empresarial (GAESA) dirigida por el ex yerno de Raúl Castro, Luis Alberto Rodríguez López-Callejas. Con la colocación de una entidad civil como REDSA estarían facilitando el camino para un restablecimiento del negocio de las remesas a Cuba por medio de Western Union. Pero, ¿se puede afirmar que REDSA no tiene vínculos con los militares cuando en Cuba todo está controlado por la cúpula gobernante permeada de mandos castrenses? La respuesta parece ser obvia, pero las autoridades cubanas apuestan a que si bien la administración de Joe Biden no podrá sacar a Fincimex de la lista negra de la OFAC, tampoco hará nada para colocar a REDSA en la misma lista y entonces se pudiera reanudar a partir de enero el negocio de las remesas a Cuba.

Este pasado domingo 22 de noviembre se concretó el fin de las operaciones de la transnacional de envío de dinero Western Union que por más de 20 años ofreció el servicio de entrega de remesas en Cuba. Ante tal escenario el economista cubano Omar Everleny Pérez ofreció una entrevista para la agencia de prensa AP donde advierte el impacto negativo de la ausencia de esta vía formal para enviar remesas a Cuba desde EEUU, pero afirmó que de seguro surgirán otras “variantes inimaginables."

Gazeta Oficial de la Republica de Cuba [LINK To Gaceta Oficial Notification]
Ministry of Justice
Havana, Republic of Cuba
23 October 2020

BANCO CENTRAL DE CUBA
GOC-2020-14-EX3
RESOLUTION No. 4 2020

Google Translate:

WHEREAS: Resolution No. 80 of October 23, 2004 of the Minister President of the Central Bank of Cuba, in Article 6, provided that bank accounts opened in US dollars by individuals before the entry into force of the aforementioned legal provision can receive funds through bank transfers in any freely convertible currency, as well as receive cash deposits in convertible pesos, euros, Canadian dollars, British pounds and Swiss francs, except cash deposits in United States dollars.

WHEREAS: In article 7 of the aforementioned Resolution No. 80 of 2004, it was established that as of November 8, a period that was later extended to November 14, those who wish to open accounts in US dollars could do so, but in Those new accounts would only allow cash deposits and withdrawals in US dollars.

WHEREAS: Resolution No. 275 of October 15, 2019, of the Minister President of the Central Bank of Cuba, provided that the bank accounts of natural persons receive funds through bank transfers from abroad in any freely convertible currency; bank transfers from other accounts in freely convertible currency that operate in Cuban banks; FINCIMEX S.A. transfers for remittances, and cash deposits in US dollars, euros, pounds sterling, Canadian dollars, Swiss francs, Mexican pesos, Danish crowns, Norwegian crowns, Swedish crowns and Japanese yen.

WHEREAS: The resurgence of the genocidal economic, commercial and financial blockade of the Government of the United States of America against the Cuban people confirms the validity of the grounds expressed in Resolution No. 80 of 2004 that served as the basis for the application of the tax on the 10% to cash operations with US dollars.

WHEREAS: It is necessary to unify the treatment of bank accounts in US dollars opened by natural persons before Resolution No. 80 of 2004 and after its entry into force, and those authorized under the Resolution No. 275 of 2019 of the Central Bank of Cuba.

THEREFORE: In the exercise of the attributions conferred in article 25, paragraph d), of Decree-Law No. 361 “Of the Central Bank of Cuba”, of September 14, 2018,

RESUELVO

PRIMERO: As of the entry into force of this Resolution, bank accounts in US dollars opened by natural persons before Resolution No. 80 of October 23, 2004 and after its entry into force, may receive cash deposits in US dollars and the 10% tax is applied. These bank accounts accept in freely convertible currencies recognized in the country, as well as cash deposits, bank transfers from abroad, remittances and bank transfers from other accounts opened in Cuban banks. In the case of transfers, the 10% tax is not applied. Likewise, cash may be withdrawn in convertible pesos, Cuban pesos or in freely convertible currency at the client's choice, at the corresponding exchange rate. Balances of the bank accounts referred to in the previous section may be transferred by their holder to the bank accounts in US dollars authorized for retail sales in foreign currency, based on the provisions of Resolution No. 275, of October 15, 2019, of the minister president of the Central Bank of Cuba.

SPECIAL UNIQUE DISPOSITION

The application of the 10% tax to cash deposits of US dollars in bank accounts opened in that currency is still in force under Resolution No. 275 of October 15, 2019.

FINAL DISPOSITION

FIRST: Articles 6 and 7 of Resolution No. 80 of October 23 of the Minister President of the Central Bank of Cuba are repealed.

SECOND: This Resolution enters into force after ten (10) days after its publication in the Official Gazette of the Republic of Cuba.

TAKE ACCOUNT to the Secretary of the Council of Ministers.

LET IT BE PUBLISHED in the Official Gazette of the Republic of Cuba, the original

LET IT BE PUBLISHED in the Official Gazette of the Republic of Cuba, and the original be Filed in the Secretariat of the Central Bank of Cuba DADA in Havana, on the eighth day of January, two thousand and twenty.

Marta Sabina Wilson Gonzalez
Minister President
Central Bank of Cuba

Servicios de Pago Red S.A. [LINK To Profile]
Havana, Republic of Cuba

Google Translate

Servicios de Pago Red S.A. (REDSA): It was established by Deed of Incorporation of the Public Limited Company No. 36/2009 dated January 28, 2010 issued by the Special Notary of the Ministry of Justice of the Republic of Cuba. The Central Bank of Cuba, through Resolution No. 100 of December 21, 2009 authorized its creation in order to manage and administer the network of ATMs, as well as the processing of RED and non-RED Debit Card Operations. The organizational changes made in the institution, made it necessary to proceed to modify the specific License through Resolution 69/2011. The entity began its operations on March 5, 2010 and since then its Financial Statements have been audited by the independent auditing firm Centro Internacional de La Habana, with a satisfactory evaluation.

REDSA is empowered to carry out the following activities: - Administer, control and manage the ATM network and its control software. - Carry out the necessary processes for interbank clearing of operations carried out through the Automatic Teller Machine Control Center (CCCA). - Serve as a plastic card processing center, in accordance with the provisions of Resolution No. 64 "Rules for the issuance and operation of plastic cards as a means of payment", dated July 9, 1999, established by the Minister President of the Central Bank of Cuba. - Process and send the reconciliation of RED cards to national issuing banks. - Process and send the reconciliation of non-RED cards to the acquiring banks. - Representing RED card issuers before other acquiring networks, guaranteeing access to them. - Represent the RED acquiring institutions before other national and international issuers, guaranteeing access to them. - Personalize the cards of the issuing banks, with their respective pins. - Issue the tables and other information required by the member banks of the RED system. - Address claims for ATM operations of issuing banks, Financiera Cimex S.A and other national and international issuers. - Design and install ATM networks. - Dictate the procedures that link the CCCA with the institutions authorized to issue RED cards and guarantee their compliance. - Guarantee compliance with the international standards for the card payment industry throughout the RED system. - Guarantee compliance with the security measures established by the card issuers with whom they have a relationship. - Guarantee the inviolability of the information processed in the Automatic Teller Machine.

Control Center. The development of its activity is fundamentally reflected in the work carried out by the Management of the ATM Control Center, guaranteeing greater support for the administration, control and management of the ATM network and control software, as well as the technical service offered.

Servicios de Pago Red S.A. [LINK To Profile]
Havana, Republic of Cuba

Servicios de Pago Red S.A.(REDSA): Fue constituida mediante Escritura de Constitución de Sociedad Anónima No. 36/2009 de fecha 28 de enero de 2010 emitida por la Notaría Especial del Ministerio de Justicia de la República de Cuba. El Banco Central de Cuba, mediante Resolución No. 100 del 21 de diciembre de 2009 autorizó su creación con la finalidad de gestionar y administrar la red de Cajeros Automáticos, así como la tramitación de Operaciones de Tarjetas de Débito RED y no RED. Los cambios organizativos realizados en la institución, hizo necesario proceder a modificar la Licencia específica mediante la Resolución 69/2011. La entidad comenzó sus operaciones el 5 de marzo de 2010 y desde entonces sus Estados Financieros han sido auditados por la firma de auditores independientes Centro Internacional de La Habana, con evaluación de satisfactoria. REDSA está facultada a ejercer las siguientes actividades:

- Administrar, controlar y gestionar la red de cajeros automáticos y su software de control.
- Realizar los procesos necesarios para la compensación interbancaria de las operaciones que se realicen a través del Centro de Control de Cajeros Automáticos (CCCA).
- Fungir como centro de procesamiento de tarjetas plásticas, de acuerdo con lo estipulado en la Resolución No. 64 "Reglas para la emisión y operación de tarjetas plásticas como medio de pago", de 9 de julio de 1999, dispuesta por el ministro presidente del Banco Central de Cuba.
- Procesar y enviar la conciliación de las tarjetas RED a los bancos emisores nacionales.
- Procesar y enviar la conciliación de tarjetas no RED a los bancos adquirientes.
- Representar a los emisores de tarjetas RED ante otras redes adquirentes, garantizando el acceso a las mismas.
- Representar a las instituciones adquirentes RED ante otros emisores nacionales e internacionales, garantizando el acceso a las mismas.
- Personalizar las tarjetas de los bancos emisores, con sus respectivos pines.
- Emitir las tablas y demás informaciones requeridas por los bancos miembros del sistema RED.
- Atender las reclamaciones de operaciones en cajeros automáticos de los bancos emisores, Financiera Cimex S.A y otros emisores nacionales e internacionales.
- Proyectar e instalar las redes de cajeros automáticos.
- Dictar los procedimientos que vinculan al CCCA con las instituciones autorizadas a emitir tarjetas RED y garantizar su cumplimiento.
- Garantizar en todo el sistema RED el cumplimiento de las normas internacionales para la industria de pago con tarjetas.
- Garantizar el cumplimiento de las medidas de seguridad que establezcan los emisores de tarjetas con quienes se tengan relación.
- Garantizar la inviolabilidad de la información que se procesa en el Centro de Control de Cajeros Automáticos.

El desarrollo de su actividad se refleja fundamentalmente en el trabajo desplegado por la Dirección del Centro de Control de Cajeros Automáticos, garantizando un mayor apoyo a la administración, control y gestión de la red de cajeros automáticos y software de control, así como del servicio técnico que se ofrece.

Previous Posts:

At 6:00 PM Today, Final [For Now] Western Union Transactions With Cuba Are [Temporarily Perhaps] Suspended

Will United States Airlines Now Post A Link To FinCEN Form 105 On Their Internet Sites For Passengers Traveling To Cuba?

Western Union Data For Transfers To Cuba: 2.88 Million Annually- 24% To Havana; Florida 1st, Texas 2nd, New Jersey 3rd; US$200,000+ Could Be Aboard Each Flight From Miami

Trump Administration Executive Order About China Military Will Impact Biden Administration Decisions About Cuba Military

Cuba Has Options To Retain Western Union Electronic Remittance Services- Transfer To A Bank?

If Western Union Ends Remittance Services To Cuba, That Means A Return Of “Mules On Steroids”- The Impact Could Cripple MIA

Western Union Preparing To End Money Transfers To Cuba On 22 November 2020.... Will Cuba Permit It?

Has The United States Created "An Enormous Coalition" Against Cuba And Venezuela? The Data Does Not Support The Statement

11/24/2020 07:51 PM EST

Michael R. Pompeo, Secretary of State
Via Teleconference
Interview With Bret Baier of Fox News Special Report

QUESTION:  The defense secretary you worked alongside wrote an opinion editorial, or in part wrote it, former Secretary James Mattis saying this: “In practice, ‘America first’ has meant America alone.  That has damaged the country’s ability to address problems before they reach U.S. territory and has thus compounded the danger emergent threats pose.”  That’s Jim Mattis.  Your thoughts? 

SECRETARY POMPEO:  I have a lot of respect for Jim, but he’s just dead wrong on that.  “America first” has been at its heart a recognition that when America is secure at home, when America does good things for our own economy and for our own prosperity, that America will be a force for good all around the region, and that indeed, we can’t deliver security, increased security around the world, when America is not secure. I take great umbrage at the (inaudible) it’s been America alone.  And I would tell you that our Japanese colleagues, our South Korean colleagues, our Indian colleagues, our Australian colleagues all know that the pivot to Asia was a joke, but that the United States under President Trump actually delivered real benefits to them. [BOLD added]  And whether it was the work that we’ve done to build out an enormous coalition to go after the socialist Maduro, to go after the Cubans, these are real coalitions, real things that work.  It wasn’t America alone.  It was us doing it with our friends and allies based on shared interests and a reality that recognized central facts about what is and not pretending that things are as we would like them to be. 

Background On “Enormous Coalition” 

President [Nicolas] Maduro was re-elected in 2018.  The election result was and remains disputed and approximately sixty countries (of 193 member states of the United Nations), which is 30%, do not recognize his legitimacy.  The sixty country list has not increased meaningfully since 2019.  The President of the National Assembly of Venezuela, Mr. Juan Guaido, is recognized as Interim President by approximately sixty countries- and that number has not materially increased in nearing two years.  Importantly for Venezuela, China, Cuba, Iran, Russia, and Turkey do not recognize Mr. Guaido. Some of the sixty “friends and allies” countries referenced by Secretary of State Pompeo report they were then and remain now unwilling participants- those countries with companies engaging with Cuba and Venezuela were threatened with sanctions by the United States. Those reports do not demonstrate a coalition of the willing.   

From media reporting- how the now twenty-seven-member Brussels, Belgium-based European Union (EU) views Venezuela and Belarus:    

31 January 2019- “EU lawmakers voted 439 in favor to 104 against, with 88 abstentions, at a special session in Brussels to recognize Venezuelan congress head Guaido as interim leader.” 

Compared with… 

17 September 2020- “In an overwhelming show of support for pro-democracy protesters in Belarus, the EU assembly voted 574 to 37, with 82 abstentions, to reject the official results of an Aug. 9 presidential election that the West says was rigged.”

U.S. Secretary Of The Treasury Janet Yellen's OFAC Will Be Guided By The White House And State Department

Mrs. Janet L. Yellen, whom President-elect Joseph Biden will nominate as the 78th United States Secretary of the Treasury, will defer decisions to political appointees within the United States Department of the Treasury, United States Department of State, and The White House regarding the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury.   

During her previous positions within the United States Federal Reserve, Secretary Yellen is accustomed to supporting career employees- and they are the managers of the issues within the jurisdiction of the OFAC.  Secretary Yellen, as an academic, will focus upon the macro issues and micro issues impacting the United States economy; and closely work with the United States Federal Reserve and United States Congress.  Enforcement operations of the OFAC will not be prioritized as during the Trump Administration.

Unknown if Bethesda, Maryland-based Marriott International, Denver, Colorado-based Western Union Company, Miami, Florida-based Carnival Corporation, Fort Worth, Texas-based American Airlines, and Conway, Arkansas-based Home BancShares among United States-based companies, particularly travel-related, whose operations within the Republic of Cuba were disrupted by decisions of the Trump Administration will seek early in 2021 changes to OFAC regulations and revisions to existing OFAC licenses or cancelled OFAC licenses so they may again operate as permitted prior to 20 January 2017 within the Republic of Cuba. Unknown too is whether any of the impacted companies want to return to the Republic of Cuba based upon their previous operational experiences within the Republic of Cuba. 

For the Republic of Cuba and Venezuela, the result will be continuing investigations of violations of United States statutes and regulations- even those impacting companies and individuals within the jurisdictions of the twenty-seven member European Union (EU), Canada, Japan, South Korea, and other commercial, economic and political allies of the United States.  The scale of OFAC career-employee-led investigations remained consistent during the Obama Administration and Trump Administration. 

Thus far, the foreign policy senior-level staffing decisions by President-elect Biden have been careerists, devoid of elected politicians, current or retired.  This absence will insulate more effectively appointees and potentially permit an increased level of proactivity because there will be fewer traditional Capitol Hill-focused pressure points which may be used to lessen or reverse decisions.  Members of the United States Congress may find their pathways to influence the OFAC encountering a more structured decision-making sieve.

From Wikipedia:
15th Chair of the Federal Reserve
In office
February 3, 2014 – February 3, 2018
President Barack Obama
Donald Trump
Deputy Stanley Fischer
Preceded by Ben Bernanke
Succeeded by Jerome Powell
Vice Chair of the Federal Reserve
In office
October 4, 2010 – February 3, 2014
President Barack Obama
Preceded by Donald Kohn
Succeeded by Stanley Fischer
Member of the Federal Reserve Board of Governors
In office
October 4, 2010 – February 3, 2018
President Barack Obama
Donald Trump
Preceded by Mark W. Olson
Succeeded by Vacant
In office
August 12, 1994 – February 17, 1997
President Bill Clinton
Preceded by Wayne Angell
Succeeded by Edward Gramlich
President of the Federal Reserve Bank of San Francisco
In office
June 14, 2004 – October 4, 2010
Preceded by Robert Parry
Succeeded by John Williams
18th Chair of the Council of Economic Advisers
In office
February 18, 1997 – August 3, 1999
President Bill Clinton
Preceded by Joseph Stiglitz
Succeeded by Martin Baily
Personal details
Born Janet Louise Yellen
August 13, 1946 (age 74)
Brooklyn, New York City, U.S.
Jewish
Political party Democratic
Spouse(s) George Akerlof
Children 1
Education Brown University (AB) and Yale University (MA, PhD

President-Elect Biden Converses With Representatives Of EU, But Readout Includes No Mention Of Cuba Or Venezuela

FOR IMMEDIATE RELEASE
November 23, 2020

Readout of President-elect Biden’s Foreign Leader Calls

President-elect Joe Biden took part in separate congratulatory calls today with the leaders of the European Commission, European Council, Jordan, and NATO.

The president-elect spoke with European Commission President Ursula von der Leyen and thanked her for her congratulations. The president-elect expressed his belief that a strong European Union is in the United States’ interest and underscored his commitment to deepen and revitalize the U.S.-EU relationship. He also conveyed his hope that the United States and the European Union could work to harness their shared values and the world’s largest trade and investment relationship to cooperate on common challenges, including containing COVID-19 and building global health security, tackling the threat of climate change, and strengthening democracy. The president-elect also highlighted the importance of U.S.-EU cooperation on issues of mutual concern, including Iran, Belarus, Ukraine and the Western Balkans.

The president-elect spoke with European Council President Charles Michel. The president-elect thanked President Michel for his congratulations and conveyed his desire to deepen and revitalize the U.S.-EU partnership based on shared values and robust economic ties. He expressed his eagerness to work closely with the European Union and its member states to respond to the COVID-19 pandemic; ensure a durable and sustainable global economic recovery, and address the climate crisis. The president-elect also underscored his commitment to strengthening democracy at home and abroad, engaging multilaterally, and cooperating on common challenges such as Iran, Belarus, Ukraine, and the Western Balkans.

At 6:00 PM Today, Final [For Now] Western Union Transactions With Cuba Are [Temporarily Perhaps] Suspended

From Western Union Company: “November 22, 2020 at 11:00PM U.S. EST: The last opportunity to send money from the U.S. to Cuba.  On November 23, 2020, at 6:00 PM Cuba Time: The deadline to pick up money at Western Union retail locations in Cuba.”  

Today at 6:00 pm the final transaction using the services of Western Union will be completed for a remittance from the United States to the Republic of Cuba.  A one-in-four chance that remittance will be from the state of Florida to the city of Havana.  

In 2019, Western Union Company completed globally more than 800 million transactions with a total value of approximately US$300 billion.  In 2019, Western Union Company transferred an estimated US$1+ billion (approximately US$3+ million per day, the majority sent from Florida of which 24% was dispersed amongst ninety-four distribution locations in Havana) from the United States to the Republic of Cuba.  Western Union Company has 407 distribution locations in the Republic of Cuba.   

The Trump Administration is not anticipating re-authorizing Denver, Colorado-based Western Union Company (2019 revenues US$5.3 billion) to continue to use Fincimex as its distribution partner.  Fincimex is a subsidiary of Republic of Cuba government-operated Corporacion Cimex S.A., which is a subsidiary of Republic of Cuba government-operated GAESA, which is controlled by the Revolutionary Armed Forces (FAR) of the Republic of Cuba.  The Republic of Cuba continues to evaluate separating Fincimex from the FAR. 

The Trump Administration has developed and implemented a narrative to advocate for the disconnection in the Republic of Cuba of the military from its role throughout the economy.  The Trump Administration has followed with a similar focus upon the military in the People’s Republic of China.  For the Republic of Cuba, the Trump Administration created the question- should a United States company, or any country, assist with military control of an economy?  United States executives should prefer to conduct a commercial transaction with a civilian rather than with a general.  Officials of the Trump Administration have indicated additional policy changes focusing upon the Republic of Cuba and Venezuela are anticipated prior to 20 January 2021. 

The Biden Administration is expected in 2021 to remove the Trump Administration restriction of US$1,000.00 per quarter for remittances from the United States to the Republic of Cuba. 

However, the Biden Administration is not expected to remove the Trump Administration prohibition for Western Union Company to use Fincimex, nor any other FAR-controlled entity, as its distribution partner in the Republic of Cuba.  There will be no political appetite within the West Wing of The White House to incur the certain wrath from a bipartisan membership within the United States Congress.  

With the Republic of Cuba planning to merge its two currencies and multiple currency exchange rates, perhaps as early as 1 January 2021, important to have efficient, constant and transparent inflows of foreign exchange to buffer the substantial economic disruptions that will, unfortunately necessary for the process to be effective, be inflicted upon the 11.3 million citizens of the Republic of Cuba.  Absent an electronic financial institution connectivity with the United States, those with no access and those with tenuous, inconsistent access to foreign exchange will expectedly become fearful, which may present a destabilizing challenge to the [Miguel] Diaz-Canel Administration throughout 2021.  

With the current two Pesos (CUP- national peso and CUC- convertible peso) existing side-by-side in the Republic of Cuba with different public and commercial exchange rates, time will be required to condition the population that one Peso is sufficient, stable, redeemable, and sustainable. 

As the global reserve currency, the United States Dollar will not be replaced easily in the Republic of Cuba neither by the Peso nor a digital currency such as bitcoin as a measure of value for the population.  The same is valid for the use of the Euro and the Canadian Dollar, the currencies used by most visitors to the Republic of Cuba.  Most remittances to the Republic of Cuba are estimated to arrive directly or indirectly from the United States and using currency for an electronic remittance is substantially less expensive than using a credit card or debit card.  The use of a digital currency requires the sender and the recipient to have access to the Internet, have access to a digital currency platform and retain often complex access requirements; and digital currencies remain subject to expansive and unexpected changes in valuation, theft, confiscation, and government regulation.   

There are 11.3 million citizens in the Republic of Cuba and there are approximately 2.3 million individuals of Cuban-descent residing in the United States, with the majority in Florida.  Most remittances to the Republic of Cuba originate in the United States, where the use of the United States Dollar in the form of currency and for transactions with credit cards and debit cards will not soon be changing to digital currency.  If the Republic of Cuba attempts aggressively to replace inflows of the United States Dollar solely with digital currency, the level of remittances will decrease. 

Most importantly, should a sender or a recipient have an issue with an electronic remittance sent using Western Union Company, the sender and the recipient have 100% confidence that Western Union Company has the organizational means to determine what happened and to resolve the issue.  Using a digital currency and digital wallet provide no efficient dispute mechanism- there is no toll-free telephone number to reach bitcoin customer service. 

FinCEN Form 105 For Currency To Cuba

https://static1.squarespace.com/static/563a4585e4b00d0211e8dd7e/t/5fb28e23442fdf7b30ff19d5/1605537315812/fin105_cmir.pdf

Three New Appointees To Biden Administration Foreign Policy Team Does Not Return To Obama Administration Cuba Policies

The incoming Biden Administration is expected to confirm that Mr. Antony John Blinken will be nominated to be United States Secretary of State, Ms. Linda Thomas-Greenfield will be nominated to be Permanent Representative of the United States to the United Nations, and Mr. Jacob Jeremiah Sullivan will be appointed as Assistant to the President for National Security Affairs. 

The inclusion of these three individuals to the incoming Biden Administration bodes well for a return to an inter-agency focus upon traditional decision-making processes throughout the United States government.  There will also be a focus upon conditionality with respect to commercial, economic, and political relationships between the United States and other countries. 

Significant is none of the three were or are elected office holders nor do they anticipate becoming elected office holders.  As such, their focus will not be upon positioning themselves for future office- a focus which has impacted previous individuals serving in the positions. 

For the Republic of Cuba, the inclusion of these three individuals should neither suggest an aggressive nor immediate return to the pre-20 January 2017 Obama Administration policies. Caution will be the strategy.

The Miami Herald
Miami, Florida
23 November 2020

Excerpts:

Rubio’s office wouldn’t answer questions Monday about the senator’s position on Blinken’s nomination. But Rubio, who is Cuban American, was plenty critical of Blinken’s answers in 2014 when Rubio pressed him during a confirmation hearing on whether Obama would “unilaterally” move to lift sanctions on Cuba.

“Anything that might be done in Cuba would have to be consistent with the law,” Blinken, at the time Obama’s deputy national security adviser, said while appearing before the Senate Foreign Relations Committee. “And second, anything that in the future that might be done in Cuba would be done in real consultation” with the committee.

A few weeks later, Blinken was confirmed by the Senate as deputy secretary of state. And the very next day, Obama announced that he’d ordered the State Department to establish an embassy in Havana for the first time in more than a half-century. He also moved to ease restrictions on travel, remittances and commerce on the island.

When Blinken appeared before the foreign relations committee again in 2015, Rubio reminded him of his commitment, reading aloud Blinken’s previous statement on Cuba.

“I did not live up to the standard I set during that hearing and in the remarks that you just quoted. I think that I could have done a better job in engaging with you and consulting with you in advance,” Blinken told Rubio. “And I regret that.”

Will United States Airlines Now Post A Link To FinCEN Form 105 On Their Internet Sites For Passengers Traveling To Cuba?

Beginning at 6:00 pm on 23 November 2020, absent the services of Denver, Colorado-based Western Union Company (2019 revenues approximately US$5.3 billion) there will be an increase in “mule” traffic on regularly-scheduled commercial airline flights and charter airline flights from the United States to the Republic of Cuba.

A “mule” is an individual who collects United States currency on behalf of third parties and transports it to the Republic of Cuba.

When transporting more than US$10,000.00, a passenger is required to file a report declaring the exact amount of funds to U.S. Customs and Border Protection (CBP) within the U.S. Department of Homeland Security (DHS).  An increasing number of United States-based financial institutions have instituted requirements for customers to also file disclosure forms when obtaining less than US$10,000.00 in currency from their bank branch.  LINK To FinCEN Form 105

Most of the flights operate from Miami International Airport (MIA) to Jose Marti International Airport (HAV).

There had been additional flights from Boston Logan International Airport, Fort Lauderdale-Hollywood International Airport, George Bush Intercontinental Airport (Houston), Hartsfield-Jackson Atlanta International Airport, John F. Kennedy International Airport, Newark Liberty International Airport, and Tampa International Airport. 

Airlines operating schedules have included American Airlines, Delta Air Lines, Jet Blue Airways, Southwest Airlines, and United Airlines. 

Cuba Airline Operations 

• In December 2019, the Trump administration restricted United States regularly-scheduled commercial flights and authorized charter flights to HAV.  The decision ended regularly-scheduled flights by Delta Air Lines, Jet Blue Airways, and United Airlines to cities including Camaguey, Holguin, Santa Clara, and Santiago de Cuba. 

• Regularly-scheduled commercial flights from MIA represent the majority of all regularly-scheduled commercial flights from the United States to the Republic of Cuba.  

• Regularly-scheduled commercial flight and authorized charter flight passengers departing MIA for HAV primarily use Concourses D (American Airlines), E (American Airlines, Swift Air) and J (Swift Air) at MIA. 

• After a hiatus due to the impact of COVID-19, HAV resumed its international flight operations on 15 November 2020. 

• On 4 November 2020, Fort Worth, Texas-based American Airlines reported that three flights daily would operate from MIA to HAV. 

Trump Administration Decisions 

The Trump Administration prohibits United States-based companies from engagement with entities controlled by the Revolutionary Armed Forces (FAR) of the Republic of Cuba.  There is no indication the prohibition will be rescinded or revised.  The United States Department of State added to the Cuba Restricted List Republic of Cuba government-operated American International Services (AIS) and Financiera Cimex (Fincimex), a Panama-registered subsidiary of Republic of Cuba government-operated Corporacion Cimex which is a subsidiary of Grupo de Administracion Empresarial S.A. (GAESA) and controlled by the FAR.  Fincimex is the distribution partner in the Republic of Cuba for Western Union Company. 

Ernst & Young Office In Cuba Publishes 15-Page Information Alert For 2020 Legislative Reforms

In October 2020, the Ernst & Young (EY) office in the city of Havana, Republic of Cuba, published an English language and Spanish language 15-page text of an Information Alert “Cuba, present and future: main legislative reforms adopted in 2020” London, United Kingdom-based EY reported 2020 fiscal year revenues of approximately US$37.2 billion. The EY office in the Republic of Cuba is not identified on the Internet site of EY.

English Text
Spanish Text

Data Reference Errors To Media Continue To Inhabit U.S. Department Of State; It's Neither Necessary, Nor Helpful For Credibility

El Nuevo Herald
Miami, Florida
20 November 2020

Dr. Mara Tekach, Coordinator- Office of Cuban Affairs, United States Department of State:

”“Gracias a los Estados Unidos volúmenes masivos de productos agrícolas, medicinas, equipos médicos y bienes humanitarios llegan a Cuba. Desde 1992 Estados Unidos ha autorizado la exportación de $1,000 millones a Cuba. En 2019 Estados Unidos exportó $3,7 millones de suministros médicos a Cuba para apoyar al pueblo cubano”, dijo Tekach.”

Google Translate: “Thanks to the United States massive volumes of agricultural products, medicines, medical equipment and humanitarian goods arrive in Cuba. Since 1992, the United States has authorized the export of $1 billion to Cuba. In 2019 the United States exported $3.7 million of medical supplies to Cuba to support the Cuban people,” said Tekach.

Uncertain from the Spanish language text as published or the English language Google-created translation if Dr. Tekach was suggesting that the government of the United States had provided (donated) US$1 billion to the Republic of Cuba and suggesting that the government of the United States had provided (donated) US$3.7 million in healthcare products to the Republic of Cuba.

Irrespective of the use of either language versions, the references are incorrect.

First, since December 2001, more than US$6,259,135,008.00 in agricultural commodities and food products have been exported from the United States to the Republic of Cuba, on a cash-in-advance basis as required by United States law. Unknown is the source of the data for a value of US$1 billion from 1992 to 2020 referenced by Dr. Tekach.

Second, healthcare product exports from the United States to the Republic of Cuba on a commercial basis in 2019 were US$1,096,505.00 compared to US$3,492,553.00 in 2018. Thus far in 2020, healthcare product exports are US$656,697.00.

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

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

HEALTHCARE PRODUCT EXPORTS- Exports of healthcare products (medical equipment, medical instruments, medical supplies, pharmaceuticals) to the Republic of Cuba are subject to provisions of the Cuban Democracy Act (CDA) of 1992, which require end use-verification, but are not subject to cash-in-advance payment requirements. Exports have included: Medicaments (penicillin and insulin); Dentifrices (toothpastes); Laboratory regents; Ultrasonic scanning equipment; Artificial limbs; Medical appliances; Surgical appliances (dental); Opthalmic (eye); Cannulae (tubing) and gelatin capsules.

HUMANITARIAN DONATIONS- Donated items are neither included in TSREEA nor CDA calculations. These items are generally delivered to the Republic of Cuba using air carriers or containers on vessels; do not include personal deliveries (by travelers on flights and through third countries). A substantial quantity and U.S. Dollar value of items categorized as “humanitarian” are transported from the United States to the Republic of Cuba using air carriers; thus, the information is not documented.

Western Union Data For Transfers To Cuba: 2.88 Million Annually- 24% To Havana; Florida 1st, Texas 2nd, New Jersey 3rd; US$200,000+ Could Be Aboard Each Flight From Miami

“Every month, Cubans in the U.S. send more than 240,000 unique transfers into Cuba using formal money transfer channels.“- Western Union Company

2.88 million annual transfers will cease on 22 November 2020 unless the Republic of Cuba shifts control of the in-country partner of Western Union Company, Fincimex, to a non-military-controlled entity.

If each transfer is US$300.00 (Western Union Company’s published global average for all C2C sends), then the total annual value of transfers would be US$864 million- or US$72 million per month or US$2.4 million per day. There are unofficial estimates suggesting an average transfer of nearer to US$500.00. The U.S.-Cuba Trade and Economic Council estimates Western Union Company transfers annually to the Republic of Cuba of approximately US$900 million to US$1.5 billion.

Absent Western Union Company services, the US$2.4 million per day would likely be transported from the United States to the Republic of Cuba using paid “mules” aboard regularly-scheduled commercial flights. With a current approximately twelve daily 150-passenger aircraft flights from Miami International Airport (MIA) to Jose Marti International Airport (HAV), that would suggest a possible US$200,000.00 or more aboard each flight.

From Western Union: “The closure of airports and the termination of flights in a pandemic world limits these methods of transfer through these mules. The current formal channels provide a safe, secure, and guaranteed method to deliver much-needed dollars directly into the hands of Cubans.”

Western Union Company
Denver, Colorado
19 November 2020

U.S. CUBA MONEY TRANSFER FACTS – AS NOVEMBER 18, 2020
US to Cuba Flows

In the absence of Cuban Central Bank data, independent researchers estimate total remittances sent from the U.S. to Cuba between US$2 billion to US$4 billion per annum. An estimated equal amount is reportedly channeled through informal channels, some carrying it on behalf of family and friends and others surcharging premium rates to assure safe passage. vi Approximately 50% of transactions are estimated to flow through formal channels and 50% through informal channels.

Every month, Cubans in the U.S. send more than 240,000 unique transfers into Cuba using formal money transfer channels. vii Unique transfers do not equate to customers; a single customer may send multiple transactions in a month. vii On an annual basis, there are more than 2,880,000 transfers from the United States to Cuba. vvi Western Union has previously reported the global average for transfers is US$300.00. vii For each pay-in-store transaction, the outlet receives a percentage of the fee and the in-country distribution partner receives a percentage of the fee.

Top U.S. States sending to Cuba
1. Florida
2. Texas
3. New Jersey
4. Nevada
5. New York
6. California
7. Kentucky
8. Nebraska
9. Arizona
10. Georgia

Major Receive Provinces and % of Formal Remittances Received viii
Artemisa- 6%
Camaguey- 6%
Ciego de Avila- 7%
Cienfuegos- 4%
Granma- 3%
Guantanamo- 3%
Holguin- 6%
Isla de la Juventud- 1%
La Habana- 24%
Las Tunas- 3%
Matanzas- 7%
Mayabeque- 4%
Pinar del Rio- 6%
Sancti Spiritus- 4%
Santiago de Cuba- 7%
Villa Clara- 7%

Western Union 407 Agent Location Breakdown by Province ix
Artemisa- 26
Camaguey- 25
Ciego de Avila- 29
Cienfuegos- 17
Granma- 13
Guantanamo- 14
Holguin- 23
Isla de la Juventud- 5
La Habana- 96
Las Tunas- 14
Matanzas- 29
Mayabeque- 18
Pinar del Rio- 26
Sancti Spiritus- 16
Santiago de Cuba- 27
Villa Clara

Demographics

U.S. Cuban Senders i Nearly half (48%) of all Cuban American families send remittances to relatives in Cuba. The most recent arrivals are the most likely to send remittances while the older population group and the pre-1995 migrants are the least likely to send money to relatives on the island.

Age
Cuban Americans aged 40-59 are most likely to send remittances to relatives in Cuba.

Cuban Receivers ii
Approximately 70% of Cubans living in South Florida have relatives living in Cuba. Unsurprisingly, a higher percentage of those who migrated since 1995 (84%) have relatives left behind. The South Florida Cuban-American community is developing into a true transnational diaspora. Despite the recent travel restrictions, many families have experienced the migration of one or more of their members.

Reasons for Sending Money to Cuba

The economy and health care remain the two most important issues for Cuban Americans. iii
Additionally: food, rent, and other expenses or supports micro-businesses iv Regardless of when the respondents left Cuba, the economy edges out health care as the most important issue for Cuban Americans in South Florida. v

i Source: pg. 28 FIU Study, 2020, Steven J. Green School of International and Public Affairs
ii (Source: pg. 24 FIU Study, 2020, Steven J. Green School of International and Public Affairs)
iii (Source: pg. 4 FIU Study, 2020, Steven J. Green School of International and Public Affairs)
iv (Source: Western Union internal data used on blog/customer letter, 11/13/20)
v (Source: pg. 30, FIU Study, 2020, Steven J. Green School of International and Public Affairs)
vi FIU 2016
vii Western Union
viii Western Union
ix Western Union

LINKS TO PREVIOUS RELATED POSTS

Cuba Has Options To Retain Western Union Electronic Remittance Services- Transfer To A Bank?

If Western Union Ends Remittance Services To Cuba, That Means A Return Of “Mules On Steroids”- The Impact Could Cripple MIA

U.S. Department Of Transportation Denies Cuba Cargo Flight Charter Requests; Two Companies Oppose

“U.S. Department of Transportation Denies Exemptions for Cuba Cargo Flights
Wednesday, November 18, 2020

Effective October 13, DOT suspended the authority of U.S. and foreign carriers to provide charter flights between the United States and Cuba. DOT’s suspension order provided for certain limited exceptions, specifically for “authorized charter flights for emergency medical purposes, search and rescue, and other travel deemed to be in the interest of the United States” (DOT Order 2020-8-4). DOT took this suspension action at the express request of the Department of State, in a letter to DOT from Secretary Pompeo, and DOT’s language as to the permitted exceptions was taken verbatim from Secretary Pompeo’s letter.

Two U.S. air taxi operators have requested exemptions from DOT’s Cuba charter suspension order, to operate small-aircraft all-cargo charter flights between Miami and Havana. The applicants, Skyway Enterprises, Inc. (Skyway) and IBC Airways, Inc. (IBC), each assert that their proposed flights are humanitarian in nature and therefore should be permitted under the exceptions provided for under DOT’s charter suspension order. Given that the language of those exceptions originated with the Department of State, DOT consulted with the Department of State to determine whether they regard the proposed Skyway and IBC flights as coming within the specified exceptions. We received guidance from the Department of State that the applications did not fall within the specified exceptions, and that grant of the requested authority would not be in the foreign policy interests of the United States. Accordingly, DOT has issued an order denying the requested exemptions. This order can be viewed on regulations.gov by entering “DOT-OST-2020-0129” in the search field.”

LINKS
DOT Final Order
DOT Order Denying Exemptions
Objection By Attorney For Cuba Charter Services LLC
Objection By Attorney For Viajehoy LLC
DOT Order For Suspension Of U.S.-Cuba Charter Authorizations

In SEC IPO Documents, Airbnb Discloses Potential Violation Of OFAC's Cuba Regulations

As filed with the Securities and Exchange Commission on November 16, 2020.
Registration No. 333-

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM S-1 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933

Airbnb, Inc.

Brian Chesky
Chief Executive Officer
Airbnb, Inc.
888 Brannan Street
San Francisco, California 94103
(415) 510-4027

We are subject to governmental economic and trade sanctions laws and regulations that limit the scope of our offering. Additionally, failure to comply with applicable economic and trade sanctions laws and regulations could subject us to liability and negatively affect our business, results of operations and financial condition.

We are required to comply with economic and trade sanctions administered by governments where we operate, including the U.S. government (including without limitation regulations administered and enforced by OFAC and the U.S. Department of State), the Council of the European Union, the Office of Financial Sanctions Implementation of Her Majesty’s Treasury in the United Kingdom (“OFSI”) and the Ministry of Finance and Commission de Surveillance du Secteur Financier of Luxembourg. These economic and trade sanctions prohibit or restrict transactions to or from or dealings with certain specified countries, regions, their governments and, in certain circumstances, their nationals, and with individuals and entities that are specially-designated, such as individuals and entities included on OFAC’s List of Specially Designated Nationals (“SDN List”), subject to EU/UK asset freezes, or other sanctions measures. Any future economic and trade sanctions imposed in jurisdictions where we have significant business could materially adversely impact our business, results of operations, and financial condition. Our ability to track and verify transactions and otherwise to comply with these regulations require a high level of internal controls. We maintain policies and procedures to implement these internal controls, which we periodically assess and update to the extent we identify compliance gaps. We routinely report to OFAC on payments we have rejected or blocked pursuant to OFAC sanctions regulations and on any possible violations of those regulations. We have also reported to OFSI on dealings with persons subject to EU/UK sanctions. There is a risk that, despite the internal controls that we have in place, we have engaged in dealings with persons sanctioned under applicable sanctions laws. Any non-compliance with economic and trade sanctions laws and regulations or related investigations could result in claims or actions against us and materially adversely affect our business, results of operations, and financial condition. As our business continues to grow and regulations change, we may be required to make additional investments in our internal controls or modify our business.

Since July 2019, we conducted an internal review and have been holding related discussions with OFAC regarding certain user activity on our platform that may have been inconsistent with our policies and the requirements of U.S. sanctions laws. The scope of this review included activity by users in certain countries and territories that were or are the target of U.S. sanctions laws. In July 2020, OFAC issued to us a cautionary letter and no administrative penalty with respect to certain aspects of that review concerning the Crimea region of Ukraine. The internal review also covered certain other issues concerning our compliance with OFAC’s sanctions program, focusing in particular on our business in Cuba, and as to our compliance with restrictions on transactions with specially designated nationals. We submitted the results of that internal review in final Voluntary Self Disclosures to OFAC in September 2020. In October 2020, OFAC issued to us cautionary letters and a no action letter, and no administrative penalties, with respect to the disclosed matters involving specially designated nationals. OFAC’s review of our voluntary self disclosure regarding Cuba is ongoing and we remain in close contact with OFAC. Depending upon OFAC’s assessment of the Cuba review, we could be subject to potentially significant monetary civil penalties and litigation, and our brand and reputation could be materially adversely affected.