Cuba Authorizes Advertising In And On Government-Controlled Media, Yet Continues To Block Direct Investment And Direct Financing To MSMEs- Which Could Be Used For Marketing.

Cuba Authorizes Advertising In And On Government-Controlled Media, Yet Continues To Block Direct Investment And Direct Financing To MSMEs (micro, small, medium-size enterprises)- Which Could Be Used For Marketing.

“Havana, Jun 7 (Prensa Latina) The recognition of the exercise of advertising and sponsorship in Cuba's public media is a breakthrough in almost 70 years, executives of organizations in the field of communication in this country acknowledged.  Decree-Law 102 on the exercise of advertising and sponsorship was also formalized on Thursday, after a broad consultation that led to the approval of the Social Communication Law, the first in the nation, and its related regulations.

This law regulates the use of advertising and promotion in radio, television, and print and digital media, besides the prohibitions in their practice, Onelio Corderi, vice-president of the Institute of Information and Social Communication (IICS), explained on Thursday.  The Social Communication Law, which will enter into force in four months, has an inclusive approach and defends the rights of citizens from organizational, media, and community spheres, Corderi explained.

Rosa Maria Perez, president of the Cuban Association of Social Communicators (ACCS), stated that Cuba has had a strictly media-based vision of communication processes.  Association of Cuban Journalists (UPEC in Spanish)’s President Ricardo Ronquillo pointed out that the public media system will allow progress in solving the structural problems of the Cuban press.  Belkis Perez, vice-president of the IICS, assured that structures are in place nationwide to implement the law and training programs are being carried out with the directors of the new organization and other social actors.”

LINK TO OFFICIAL TEXT IN PDF FORMAT

CAPÍTULO XV DE LA REGULACIÓN Y CONTROL DE LOS PROCESOS DE COMUNICACIÓN SOCIAL
SECCIÓN PRIMERA
De la regulación Artículo 99. El Instituto de Información y Comunicación Social se encarga de la regulación de los procesos de comunicación social en el país, y del control y evaluación de su
implementación en todas las instancias.
SECCIÓN SEGUNDA
De los registros nacionales de publicaciones seriadas y de sitios web Artículo 100.1. Los registros nacionales de publicaciones seriadas y de sitios web forman parte de los procedimientos de regulación y control de los procesos de comunicación social en el país. 2. Es competencia del Instituto de Información y Comunicación Social dirigir el funcionamiento de los registros referidos en el apartado precedente.
Artículo 101. El Registro Nacional de Publicaciones Seriadas se encarga del proceso de inscripción de las publicaciones seriadas que pertenecen a personas naturales o jurídicas.
Artículo 102.1. El Registro Nacional de Sitios Web se ocupa de la inscripción de los sitios web administrados por personas naturales o jurídicas.
2. La inscripción constituye un requerimiento para recibir los servicios de acceso en línea de los operadores de servicios públicos de telecomunicaciones cubanos, legalmente reconocidos.
Artículo 103.1. Para la inscripción de las publicaciones seriadas y los sitios web en los registros nacionales correspondientes se exige el cumplimiento de lo dispuesto en la Constitución, la presente Ley y la legislación vigente en esta materia.
2. Los demás requisitos exigibles se establecen en la disposición normativa reglamentaria de la presente Ley.
Artículo 104.1. La inscripción de una publicación seriada o sitio web se suspende temporalmente o cancela cuando: a) Se comprueba que se registró sobre la base de informaciones falsas; b) sus contenidos violan parcial o totalmente lo establecido en la Constitución, la presente Ley y su disposición normativa reglamentaria; c) incumpla los objetivos, el perfil editorial y otros elementos contenidos en el expediente aprobado; d) expira el período de vigencia de la inscripción; e) se verifica en su gestión la utilización de fuentes ilícitas de financiamiento; f) se determina por un proceso judicial; g) infringe otros requerimientos estipulados en la disposición normativa reglamentaria de la presente Ley o por el Instituto de Información y Comunicación Social; o h) lo solicita su titular.

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2. En los casos de violación de lo establecido en cuanto a la inscripción y posterior gestión de las publicaciones seriadas y los sitios web, la autoridad facultada adopta con los responsables las medidas administrativas que correspondan, y de ser necesario, promueve los procesos judiciales pertinentes según la legislación vigente.
SECCIÓN TERCERA
Del control e inspección
Artículo 105. Para la evaluación del cumplimiento de las regulaciones establecidas en la presente Ley, sus disposiciones normativas reglamentarias y la legislación vigente en esta materia, el Instituto de Información y Comunicación Social realiza acciones de control a los órganos, organismos y entidades del Estado y demás actores económicos y sociales.
Artículo 106.1. Los sujetos definidos en el artículo anterior garantizan el control de los procesos comunicacionales que gestionan dentro de su esfera de actividad. 2. Estos sujetos se obligan a colaborar y facilitar la labor de control e inspección que se realiza para evaluar el cumplimiento de las regulaciones establecidas en la presente Ley y sus disposiciones normativas reglamentarias.
Artículo 107. Los procedimientos para garantizar la organización y desarrollo de la inspección de la comunicación social son los establecidos en la legislación vigente.
DISPOSICIONES ESPECIALES
PRIMERA: El Presidente de la República tiene la facultad de disponer, ante acontecimientos y asuntos de especial relevancia y connotación pública, que la radio y la televisión transmitan en cadena nacional.
SEGUNDA: El Registro Nacional de Publicaciones Seriadas y el Registro Nacional de Sitios Web, pertenecientes al Ministerio de Cultura, se transfieren al Instituto de Información y Comunicación Social en los ciento ochenta días posteriores a la aprobación de la presente Ley.
TERCERA: La protección de los derechos del autor sobre las obras relacionadas con la comunicación social se rige por lo establecido en la Ley de los Derechos del Autor y del Artista Intérprete.
CUARTA: El incumplimiento de lo regulado en esta Ley, sea por acción u omisión, determina la exigencia de responsabilidad al infractor por la vía administrativa o la judicial según corresponda, de conformidad con el procedimiento que se establece en la disposición normativa reglamentaria de la presente Ley y en la legislación vigente.
DISPOSICIONES TRANSITORIAS
PRIMERA: Los procesos iniciados con anterioridad a la vigencia de la presente Ley ante el Registro Nacional de Publicaciones Seriadas y el Registro Nacional de Sitios Web, sobre los cuales no exista decisión, se tramitan según lo establecido en las disposiciones normativas vigentes en el momento de su presentación.
SEGUNDA: El presidente del Instituto de Información y Comunicación Social, en el término de dos años a partir de la entrada en vigor de la presente Ley, informa al Consejo de Estado los resultados de su proceso de implementación, el que adoptará las medidas que correspondan.
DISPOSICIONES FINALES
PRIMERA: El Consejo de Ministros aprueba las disposiciones normativas reglamentarias de la presente Ley, en un plazo de ciento veinte días, a partir de su publicación en la Gaceta Oficial de la República de Cuba.
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SEGUNDA: Se faculta al presidente del Instituto de Información y Comunicación Social para dictar, en el ámbito de su competencia, las disposiciones normativas que procedan para la aplicación de lo establecido en la presente Ley.
TERCERA: El presidente del Instituto de Información y Comunicación Social, en cumplimiento de sus funciones, crea unidades organizativas y define el Reglamento para la inspección estatal a desarrollar por el organismo y cuantas otras disposiciones se requieran para su mejor ejecución.
CUARTA: El ministro de Relaciones Exteriores, a partir de la publicación de la presente Ley en la Gaceta Oficial de la República de Cuba, actualiza en un plazo de ciento veinte días el Reglamento y demás disposiciones normativas sobre el ejercicio de la prensa extranjera en el país.
QUINTA: Los máximos directivos de los órganos, organismos y entidades del Estado y las organizaciones mediáticas, dentro de los ciento veinte días posteriores a la publicación de la presente Ley en la Gaceta Oficial de la República de Cuba, revisan, actualizan y dictan sus disposiciones internas en materia de comunicación social, conforme a lo establecido en esta Ley y sus disposiciones normativas reglamentarias.
SEXTA: Se faculta a los titulares de los ministerios de las Fuerzas Armadas Revolucionarias y del Interior a dictar las disposiciones normativas internas que adecuen lo establecido en la presente Ley a las particularidades de sus organismos.
SÉPTIMA: El control y la inspección de los procesos de comunicación social en los ministerios de las Fuerzas Armadas Revolucionarias y del Interior se rigen por lo regulado en sus disposiciones normativas internas.
OCTAVA: El presidente del Instituto de Información y Comunicación Social responde por el cumplimiento de lo establecido en la presente Ley.
NOVENA: La presente Ley entra en vigor a partir de los ciento veinte días posteriores a su publicación en la Gaceta Oficial de la República de Cuba.
PUBLÍQUESE en la Gaceta Oficial de la República de Cuba.
DADA en la Sala de Sesiones de la Asamblea Nacional del Poder Popular, Palacio de Convenciones, en La Habana, a los 25 días del mes de mayo de 2023.
Juan Esteban Lazo Hernández
Presidente de la Asamblea Nacional del Poder Popular
Miguel M. Díaz-Canel Bermúdez
Presidente de la República
GLOSARIO DE TÉRMINOS

COLONIZACIÓN CULTURAL: Dominación de la industria cultural hegemónica de una potencia sobre pueblos que considera “inferiores”. Supone la imposición de gustos, patrones y modelos de vida propios del colonizador, cuya maquinaria de dominación barre la identidad nacional, la memoria histórica, los valores y los símbolos del colonizado.

CONSULTORÍA: Servicio prestado por una organización social, entidad estatal o institución de carácter público legalmente constituida con ese fin. Emplea profesionales calificados en la identificación e investigación de problemas relacionados con políticas, organización, procedimientos y métodos, y en consecuencia, la recomendación de medidas apropiadas y la prestación de asistencia en la aplicación de dichas recomendaciones.

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La consultoría aporta conocimientos y capacidades especiales, presta ayuda intensiva en forma transitoria, brinda un punto de vista imparcial y aporta argumentos que justifican determinadas decisiones en las organizaciones.

ESPACIO PÚBLICO DIGITAL: Es el escenario del ciberespacio que está disponible para el acceso, el intercambio y la comunicación abierta entre las personas, donde se pueden expresar ideas, compartir información, debatir y colaborar sobre diferentes temas. En este espacio en línea, las personas se reconocen y pueden constituir comunidades sobre la base de sus intereses y motivaciones. Comprende desde un sitio web hasta las plataformas y redes sociales digitales que soportan y prestan servicio de alojamiento, acceso, uso e intercambio público de contenidos.

ESPACIO PÚBLICO FÍSICO: Es el espacio de propiedad pública, dominio y uso público. Es el lugar donde cualquier persona tiene el derecho a circular. Abarca, por regla general, las vías de tránsito o circulaciones abiertas como calles, plazas, carreteras, establecimientos públicos (bibliotecas, escuelas, hospitales, bodegas, instalaciones culturales y deportivas, parques y espacios naturales, entre otros).

MERCADOTECNIA: Es una concepción en la dirección de la empresa, que orienta la misión y visión de las entidades a partir de las necesidades, deseos, percepciones, preferencias y demandas de los clientes, para elaborar planes dirigidos hacia la satisfacción de dichas necesidades y elevar su eficiencia.

ORGANIZACIÓN: Grupo de personas que interactúan entre sí, de manera coordinada, para asumir distintas funciones, tareas o actividades con el propósito de alcanzar determinados objetivos y metas. Dispone de recursos para ese fin, desarrolla procesos comunicacionales propios y su actuación se sustenta en un conjunto de normas y valores que definen la relación entre sus integrantes y el papel que desempeñan.

ORGANIZACIONES MEDIÁTICAS: Son medios de comunicación social que desempeñan su actividad en el ámbito mediático, para lo cual cuentan con estructuras, recursos humanos, financieros y materiales. Se constituyen por un grupo de personas conniveles de especialización en función de cumplir un objetivo común: concebir, producir, distribuir y compartir contenidos que contribuyen a la información, la educación y el entretenimiento de las audiencias, con el empleo de canales y medios tecnológicos. Pueden tener diversos perfiles y objetivos editoriales, destinatarios y alcances espaciales y
culturales.

PUBLICIDAD ABUSIVA O DIRECTA: En esta variante de publicidad ilícita los mensajes se imponen o hacen llegar al consumidor, contra su voluntad y en violación de su privacidad y derechos como ciudadano. Entre las formas y medios que se emplean sobresalen el correo postal o electrónico, llamadas telefónicas, mensajería instantánea o de voz, anuncios en plataformas digitales, visitas a domicilio, abordaje del consumidor por los vendedores en cualquier lugar de la vía pública, u otros.

PUBLICIDAD COMPARATIVA: Este tipo de publicidad es ilícita cuando en su contenido contrapone productos o servicios de diferentes anunciantes para potenciar los atributos de uno en detrimento del otro, o en los casos en que denigre y cree rechazo hacia otros productos o servicios de la competencia.

PUBLICIDAD DESLEAL: Es la que por su contenido, presentación o difusión provoca descrédito de un competidor, persona o empresa, de sus productos, servicios, marcas, nombres comerciales u otros signos distintivos. Comprende también la que se aprovecha injustificadamente del prestigio, los nombres, marcas y demás signos distintivos de otras empresas e instituciones, de las denominaciones de origen o indicaciones geográficas 836Gaceta Oficial de la República 05/06/2024GOC-2024-O48 de otros productos competidores, así como la que constituye plagio de otros anuncios nacionales o de otros países, al emplear textos, lema, visualidad, música o efecto sonoro de otro anunciante, en parte o en todo.

PUBLICIDAD ENCUBIERTA: Es la que, presentada como información, propone, estimula o promociona la contratación de una marca, un servicio o un producto. 

PUBLICIDAD ENGAÑOSA: Su contenido no se corresponde con las condiciones y características reales de los productos, los servicios y las marcas que se anuncian, u omite datos fundamentales de los mismos. Provoca engaño, error o confusión en el consumidor. 

RELACIONES PÚBLICAS: Su esencia es la creación, mantenimiento y consolidación de las relaciones de adaptación e integración entre una organización y sus públicosque redunden en la satisfacción plena de los mismos y de la sociedad en su conjunto. Esuna de las especialidades profesionales que se integra a la práctica de la comunicaciónorganizacional.

SITIO WEB: Es el conjunto de archivos electrónicos y páginas web de contenidos diversos en el espacio público digital, que incluye una página inicial de entrada, con un nombre de dominio y dirección específicos. Se crea y usa por personas naturales y jurídicas, y se accede a él mediante los servicios que brinda el operador público autorizado.
Sus contenidos responden a los intereses de comunicación de las personas, instituciones,
empresas, organizaciones mediáticas u otras entidades.

Using Google Translation

CHAPTER XV REGULATION AND CONTROL OF PROCESSES SOCIAL COMMUNICATION FIRST SECTION Of the regulation Article 99. The Institute of Information and Social Communication is in charge of regulation of the social communication processes in the country, and the control and evaluation of their implementation in all instances.

SECOND SECTION From national serials and website registries Article 100.1. National registries of serial publications and websites form They are part of the regulation and control procedures of communication processes social in the country. 2. It is the responsibility of the Institute of Information and Social Communication to direct the maintenance of the records referred to in the preceding section. Article 101. The National Registry of Serial Publications is in charge of the registration process. registration of serial publications that belong to natural or legal persons. Article 102.1. The National Registry of Websites is responsible for the registration of websites managed by natural or legal persons. 2. Registration constitutes a requirement to receive access services in line of Cuban public telecommunications service operators, legally recognized. Article 103.1. For registration of serial publications and websites in the corresponding national registries, compliance with the provisions of the Constitution, this Law and the current legislation on this matter. 2. The other required requirements are established in the regulatory provisions. of this Law. Article 104.1. Registration of a serial publication or website is temporarily suspended. partially or cancelled when: a) It is proven that it was registered on the basis of false information; b) its contents partially or totally violate what is established in the Constitution, the pre- this Law and its regulatory provisions; c) fails to meet the objectives, the editorial profile and other elements contained in the approved tooth; d) the registration validity period expires; e) the use of illicit sources of financing is verified in its management; f) is determined by a judicial process; g) violates other requirements stipulated in the regulatory provisions of this Law or by the Institute of Information and Social Communication; either h) It is requested by its owner. 833Official Gazette of the Republic 06/05/2024 GOC-2024-O48 2. In cases of violation of the provisions regarding registration and subsequent management tion of serial publications and websites, the empowered authority adopts with the responsible for the corresponding administrative measures, and if necessary, promote the relevant judicial processes according to current legislation.

THIRD SECTION Control and inspection Article 105. For the evaluation of compliance with the regulations established in the this Law, its regulatory provisions and the legislation in force in this matter, the Institute of Information and Social Communication carries out control actions to the organs, agencies and entities of the State and other economic and social actors. Article 106.1. The subjects defined in the previous article guarantee the control of the communication processes that they manage within their sphere of activity. 2. These subjects are obliged to collaborate and facilitate the control and inspection work carried out. carried out to evaluate compliance with the regulations established in this Law and its regulatory provisions. Article 107. The procedures to guarantee the organization and development of the inspection of social communication are those established in current legislation.

SPECIAL PROVISIONS FIRST: The President of the Republic has the power to order, in the event of ments and issues of special relevance and public connotation, that radio and television sion broadcast on the national network.

SECOND: The National Registry of Serial Publications and the National Registry of Websites, belonging to the Ministry of Culture, are transferred to the Information Institute. mation and Social Communication in the one hundred and eighty days following the approval of this Law.

THIRD: The protection of author's rights over works related to Social communication is governed by the provisions of the Copyright Law and of the Performing Artist.

FOURTH: Failure to comply with the provisions of this Law, whether by action or omission, the demand for liability of the offender through administrative or judicial means ends as appropriate, in accordance with the procedure established in the provision normative regulation of this Law and in current legislation.

TRANSITORY DISPOSITIONS

FINAL PROVISIONS FIRST: The Council of Ministers approves the regulatory provisions of this Law, within a period of one hundred and twenty days, from its publication in the Official Gazette of the Republic of Cuba. 834Official Gazette of the Republic 06/05/2024GOC-2024-O48

SECOND: The president of the Institute of Information and Communication is empowered Social to dictate, within the scope of its competence, the normative provisions that pro- give way for the application of the provisions of this Law.

THIRD: The president of the Institute of Information and Social Communication, in fulfillment of its functions, creates organizational units and defines the Regulations for the state inspection to be carried out by the agency and how many other provisions are required. want for their best execution.

FOURTH: The Minister of Foreign Affairs, after the publication of the pre- This Law in the Official Gazette of the Republic of Cuba, updates within a period of one hundred twenty days the Regulations and other normative provisions on the exercise of the pre- foreign company in the country.

FIFTH: The top managers of the organs, agencies and entities of the State and media organizations, within one hundred and twenty days after publication of this Law in the Official Gazette of the Republic of Cuba, review, update and dictate their internal provisions regarding social communication, in accordance with the established in this Law and its regulatory provisions.

SIXTH: The heads of the ministries of the Revolutionary Armed Forces are empowered lutionaries and the Interior to dictate the internal regulatory provisions that adapt the established in this Law to the particularities of its organizations.

SEVENTH: The control and inspection of social communication processes in the ministries of the Revolutionary Armed Forces and the Interior are governed by the regulations do in its internal regulatory provisions.

EIGHTH: The president of the Institute of Information and Social Communication responds for compliance with the provisions of this Law.

NINTH: This Law comes into force one hundred and twenty days after to its publication in the Official Gazette of the Republic of Cuba.

BE PUBLISHED in the Official Gazette of the Republic of Cuba. GIVEN in the Session Room of the National Assembly of People's Power, Palace of Conventions, in Havana, on the 25th day of May 2023. Juan Esteban Lazo Hernandez President of the National Assembly of People's Power Miguel M. Díaz-Canel Bermúdez Republic President

GLOSSARY OF TERMS CULTURAL COLONIZATION: Domination of the hegemonic cultural industry of a power over peoples that it considers “inferior.” It supposes the imposition of tastes, patterns and models of life typical of the colonizer, whose machinery of domination rre national identity, historical memory, values and symbols of the colonized.

CONSULTING: Service provided by a social organization, state entity or public institution legally constituted for that purpose. Employ professionals qualified in the identification and investigation of policy-related problems, organization, procedures and methods, and consequently, the recommendation of measures appropriate measures and the provision of assistance in the implementation of such recommendations. 835Official Gazette of the Republic 06/05/2024 GOC-2024-O48 Consulting provides special knowledge and skills, provides intensive help temporarily, provides an impartial point of view and provides arguments that justify certain decisions in organizations.

DIGITAL PUBLIC SPACE: It is the cyberspace scenario that is available for access, exchange and open communication between people, where they can They can express ideas, share information, debate and collaborate on different topics. In In this online space, people recognize each other and can form communities based on based on your interests and motivations. It includes everything from a website to platforms and digital social networks that support and provide hosting, access, use and public exchange of content.

PHYSICAL PUBLIC SPACE: It is the space of public property, domain and public use. war It is the place where anyone has the right to circulate. It covers, as a rule In general, open traffic routes or circulations such as streets, squares, highways, stations. public facilities (libraries, schools, hospitals, wineries, cultural facilities and sports, parks and natural spaces, among others).

MARKETING: It is a conception in the management of the company, which guides the mission and vision of the entities based on the needs, desires, perceptions, preferences rences and demands of customers, to develop plans aimed at customer satisfaction. these needs and increase their efficiency.

ORGANIZATION: Group of people who interact with each other, in a coordinated manner. nothing, to assume different functions, tasks or activities with the purpose of achieving certain objectives and goals. It has resources for this purpose, develops processes own communication mechanisms and their actions are based on a set of norms and values that define the relationship between its members and the role they play.

MEDIA ORGANIZATIONS: They are social media that dis- engage their activity in the media field, for which they have structures, re- human, financial and material courses. They are made up of a group of people with levels of specialization based on meeting a common objective: conceiving, producing, distribute and share content that contributes to information, education and entertainment of audiences, with the use of technological channels and means. Well- They may have diverse profiles and editorial objectives, recipients and spatial and cultural.

ABUSIVE OR DIRECT ADVERTISING: In this variant of illicit advertising, the men- messages are imposed or made to reach the consumer, against his will and in violation of his privacy and rights as a citizen. Among the forms and means that are used These include postal or email mail, telephone calls, instant messaging or voice, advertisements on digital platforms, home visits, consumer approach by sellers anywhere on public roads, or others.

COMPARATIVE ADVERTISING: This type of advertising is illegal when in its context had contrasted products or services from different advertisers to enhance the attributes buts of one to the detriment of the other, or in cases in which it denigrates and creates rejection towards other competing products or services.

UNFAIR ADVERTISING: It is that which, due to its content, presentation or dissemination, causes discredit of a competitor, person or company, of its products, services, brands, trade names or other distinctive signs. It also includes what is used unjustifiably of the prestige, names, brands and other distinctive signs of other companies and institutions, of appellations of origin or geographical indications 836Official Gazette of the Republic 06/05/2024GOC-2024-O48 of other competing products, as well as that which constitutes plagiarism of other advertisements national or other countries, when using texts, slogans, visuals, music or sound effects from another advertiser, in part or in whole.

COVERT ADVERTISING: It is that which, presented as information, proposes, stimulates or promotes the contracting of a brand, a service or a product.

MISLEADING ADVERTISING: Its content does not correspond to the conditions and actual characteristics of the products, services and brands advertised, or omit fundamental data thereof. Causes deception, error or confusion in the consumer.

PUBLIC RELATIONS: Its essence is the creation, maintenance and consolidation tion of adaptation and integration relationships between an organization and its publics that result in their full satisfaction and that of society as a whole. Is one of the professional specialties that is integrated into the practice of communication organizational.

WEBSITE: It is the set of electronic files and web pages of content diverse in the digital public space, which includes an initial entry page, with a specific domain name and address. It is created and used by natural and legal persons. dicas, and is accessed through the services provided by the authorized public operator. Its contents respond to the communication interests of people, institutions, companies, media organizations or other entities.

LINKS To Related Analyses 

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Miguel Díaz-Canel Bermúdez, President of the Republic of Cuba (2019- ) @DiazCanelB
29 May 2024

• “The measures announced by the United States government with respect to #Cuba are limited, restrictive and do not touch the fundamental body of the #Blockade against our country, nor the other sanctions of its maximum pressure policy.  They do not eliminate or change the coercive measures that most affect the Cuban economy and public services, thereby severely damaging the well-being of our entire population today.  The intention to direct them only to a segment of our people shows their historical intention to fracture unity among Cubans. #CubaEsUnaSola  The concern for the development of the non-state sector of our economy is not genuine. It responds to a subversive design, outlined in known strategies, which contemplates the manipulation and employment of this sector as a potential agent of change in the country.  As long as the intensified #Blockade remains in force, criminally affecting the entire Cuban people, the United States will not be able to free itself from the global condemnation of this genocide without bombs that seeks to destroy the admirable resistance of #Cuba.  From the Revolutionary Government we will continue to promote the increasing integration of all our economic actors, which today are, together, a cornerstone to develop and advance towards the well-being of all our people.”

Statement of the Ministry of Foreign Affairs of the Republic of Cuba (MINREX)

“On May 28, the United States Government finally announced a group of measures to put into effect its announcements of May 16, 2022.  The objective of this step, according to the text published by the Office of Foreign Assets Control (OFAC), is to favor the private sector in Cuba.

The measures are limited and do not touch the fundamental body of the blockade against Cuba or the additional sanctions that make up the maximum pressure policy. Once again, the U.S. government's decision rests on its own distorted vision of Cuban reality, by attempting to artificially separate the private sector from the public sector, when both are part of the Cuban business system and society as a whole.

With this announcement, the United States government intends to target only a segment of our population. The coercive measures that most affect the Cuban economy and public services today and that severely damage the well-being of our entire population are not eliminated or modified.

If the announced measures come to fruition, the United States seeks to put in an advantageous situation the private sector that has been legally established and has grown under the measures taken in a sovereign act by the government of Cuba in consultation with the Cuban people. The same has happened with Internet access established and expanded by Cuba despite the obstacles of the blockade and restrictions to prevent free access to hundreds of tools and websites.

The Government of the United States has been explicit in its intention to use this sector for political purposes against the Revolution, based on its objectives of regime change.

Although it is a capricious selectivity, both the public and private sectors will continue to suffer the consequences of the blockade and the absurd inclusion of Cuba on the list of States that supposedly sponsor terrorism.

The coercive measures that make up the economic blockade will remain in force with cruel effects on the entire Cuban population.

It is evident that the U.S. ratifies its willingness to punish the Cuban state sector, knowing that it provides essential services such as education, health, culture, sports and others to all Cubans, including the private sector; and that is the guarantee of social justice and equity among citizens.  For this reason, recent measures were adopted by the U.S. government to pursue Cuba's international medical cooperation and documents have been published that reveal that the commitment to deprive us of income and destabilize the country for political purposes of domination continues.

The Cuban government will study these measures and, if they do not violate national legislation and mean an opening that benefits the Cuban population, even if only a segment, it will not hinder their application.”

• “Once again, the U.S. government tries to tailor its actions not to the reality of Cuba but to a fiction it has constructed about Cuban reality…. These are measures, announced two years ago by President Biden, do not touch the body of the economic, commercial and financial blockade imposed by his government, nor do they modify the extreme regulations that are applied against Cuba.   They demonstrate that once again the U.S. government tries to adapt their actions, not to the reality of the nation, but to a fiction that is built on this reality, and separates the private sector… Cuba is studying them… and the government's decision is firm and, if they do not violate national legislation and truly represent an opportunity or an opening for our population, and the population benefits, even if it's for a specific segment of our population, the Cuban government is not going to put obstacles in the way of the application of these measures.  Johana Tablada, Deputy Director General for the United States at MINREX

Biden-Harris Administration Issues OFAC Regulations To Help Cuba's "Entrepreneurs" But Again Fails To Make The Most Important Change.

While useful for the Biden-Harris Administration (2021- ) to redefine the word "entrepreneur" and to further expand Internet-related activities for entrepreneurs, and to permit entrepreneurs to possibly have a less complex banking transaction process outside of United States, and to authorize entrepreneurs to have bank accounts in the United States, there remains one glaring omission- the continuing prohibition upon direct correspondent banking.

As long as financing, investment, and payments need to be routed through third countries, the Biden-Harris Administration will be constraining precisely the activity it professes to support.

LINK: 10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations May 13, 2024

UNITED STATES DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations (the “Regulations”) to further implement elements of the policy announced by the Administration on May 16, 2022, to increase support for the Cuban people. Among other things, these amendments increase support for internet
freedom for the Cuban people and independent Cuban private sector entrepreneurs by expanding authorizations for internet-based services and a range of financial transactions. These amendments also include several additional or updated cross references and one updated definition.

LINK TO DOCUMENT IN PDF FORMAT

LINK TO FEDERAL REGISTER DOCUMENT

Treasury Amends Regulations to Increase Support for the Cuban People and Independent Private Sector Entrepreneurs

WASHINGTON – Today, the Department of the Treasury’s (Treasury) Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations, 31 CFR part 515, (CACR) to further implement the policy announced by the Biden-Harris Administration on May 16, 2022 to increase support for the Cuban people.  These regulatory amendments update and clarify authorizations in support of internet-based services to promote internet freedom in Cuba, support independent Cuban private sector entrepreneurs, and expand access to certain financial services for the Cuban people.  These regulatory amendments will become effective upon publication in the Federal Register on May 28, 2024.

The latest changes to the CACR are available here. OFAC also updated Frequently Asked Questions (FAQs) on its website related to Cuba. Major elements of the revisions in the CACR include:

Authorized Internet-Based Services and Software

OFAC is amending the CACR to update and clarify the scope of authorized internet-based services, including by adding examples of authorized services incident to the exchange of communications over the internet and updating the authorization for services in support of such communication.  Additional examples of authorized services include social media platforms, collaboration platforms, video conferencing, e-gaming and e-learning platforms, automated translation, web maps, and user authentication services.  OFAC is also clarifying that persons subject to U.S. jurisdiction may provide cloud-based services (including remote data storage, data transport service, content distribution networks, virtual machines, software-as-a-service, and infrastructure-as-a-service) to support services incident to the exchange of communications over the internet.

In addition, OFAC is amending the CACR to expand the authorization for services, including training, to install, repair, or replace items related to communication, or items used to develop software that improves the free flow of information or that will support private sector activities in Cuba consistent with the export or reexport licensing policy of the Department of Commerce, including by removing the requirement that referenced items fall within specific export control classification parameters.  OFAC is further authorizing the export or reexport of Cuban-origin software and mobile applications from the United States to third countries, which will expand the ability for independent Cuban entrepreneurs to offer their software and mobile applications on global application stores.  

Independent Private Sector Entrepreneurs

OFAC is replacing the defined term “self-employed individual” with the new term “independent private sector entrepreneur.”  The new term continues to include self-employed individuals, such as owners or employees of private businesses or sole proprietorships, but the amended definition now also includes private cooperatives or small private businesses that are wholly owned by or consisting solely of such individuals.  In each case, the new term is limited to private cooperatives, small private businesses, and sole proprietorships located in Cuba of up to 100 employees.  The amended definition better reflects Cuba’s non-state sector, as Cuba now authorizes the establishment of small- and medium-sized private enterprises.  Finally, OFAC is excluding prohibited Cuban officials and prohibited Cuban Communist Party members from the new term to ensure they do not take advantage of U.S. actions intended to benefit independent private sector entrepreneurs.

U.S. Bank Account

OFAC is authorizing independent private sector entrepreneurs who are Cuban nationals to open, maintain, and remotely use U.S. bank accounts, including through online payment platforms, to conduct authorized or exempt transactions, whether the independent private sector entrepreneur is physically located in the United States, Cuba, or another country.   

U-Turn Transactions

OFAC is reinstating an authorization for “U-turn” transactions, which are funds transfers that originate and terminate outside the United States where neither the originator nor beneficiary is subject to U.S. jurisdiction.  OFAC previously removed the authorization for “U-turn” transactions in September 2019.  This reinstated authorization is intended to help the Cuban people, including independent private sector entrepreneurs, by facilitating remittances and payments for transactions in the Cuban private sector that are authorized by various provisions of the CACR.  Under this reinstated authorization, U.S banks are authorized to process “U-turn” funds transfers in which Cuba or a Cuban national has an interest, provided that neither the originator nor the beneficiary is a person subject to U.S. jurisdiction.  

OFAC is also authorizing the unblocking and return of any “U-turn” funds transfer that was blocked prior to this reinstatement of the “U-turn” authorization.  For more information on Cuba sanctions, see here.

The White House
Senior Administration Officials on the Cuba OFAC Rollout
Special Briefing- May 28, 2024

MODERATOR: Okay. Good morning, everyone, and welcome to our background call on Cuba. Today’s call is on background, attributable to senior administration officials. For your information only and not for reporting, joining us today are , , and . We will start with brief opening remarks from each of our speakers, then we’ll turn it over to you for questions. If you’d like to ask questions, please use the “raise hand” function on Zoom.  And so with that, let’s turn it over to our first speaker, . Please go ahead.

SENIOR ADMINISTRATION OFFICIAL ONE: Great. Good morning, everybody. Thank you for joining us. I hope everyone had a good Memorial Day. We are on the call today because today we’re taking an important step to support the expansion of free enterprise and the expansion of the entrepreneurial business sector in Cuba. These steps follow upon an announcement that was made in May 16th, 2022, which concluded several measures to support the evolution of a freer, more open society in Cuba. One of the steps mentioned at that time was increasing support for independent Cuban entrepreneurs. And we recognize that this is a growing and dynamic sector of economic activity in Cuba, where people are gaining greater independence from the state, and we felt that it was essential as part of the Biden administration’s Cuba policy to ensure that this sector continues to expand and is supported. Increasing opportunities for independent Cuban entrepreneurs is a critical tenet of our overall Cuba policy, and today we are amending the Cuban Assets Control Regulations which are managed by the Office of Foreign Assets Control at Treasury to implement aspects of this policy to support entrepreneurship and free enterprise in Cuba. These amendments will facilitate greater access to internet-based services for the Cuban people, as well as provide the independent Cuban private sector greater access to international transactions and U.S. banking services, including through online payment platforms. With this announcement, the administration is now fully implementing the May 2022 commitments to the Cuban people. We believe that the growth of an independent entrepreneurial private sector in Cuba is fully aligned with our values, is the best hope for generating economic development and employment in Cuba, and the growth of this sector is also consistent with the President’s guidance to implement measures that will benefit the Cuban people while continuing to minimize resources to the Cuban Government.

These measures also will work in the United States interest, as providing this support for Cuba’s private sector will help to stem irregular migration from the island by creating more economic opportunity on the island. It further allows Cuba to be self-sufficient without relying on their government for all of their daily necessities. Furthermore, we believe that engaging in support of Cuba’s independent private sector will ensure that these important entrepreneurial actors are supported by the United States and make it more difficult for other state actors who wish to engage economically in Cuba only in support of the government and without supporting this private entrepreneurial sector. Additionally, the expansion of internet services aligns with our belief of the importance of inclusive, open, and secure access to the internet, which will foster equitable economic prosperity, and facilitate the enjoyment of human rights and fundamental freedoms, which is what all the people of Cuba deserve. So with that, I will turn it over to my colleague from the State Department.

SENIOR ADMINISTRATION OFFICIAL TWO: Thank you very much. And let me say a bit more about why we are taking these important steps to support the expansion of an independent private sector in Cuba, and why now. We know the Cuban economy is in dire straits. Amid recurring shortages of fuel, electricity, and increasingly even food, it’s clear the communist experiment in Cuba has failed and the government is no longer able to provide for its citizens’ most basic needs. In a country where there are no free elections, the Cuban people are voting with their feet, including by using dangerous irregular migration routes. Against this backdrop, we have seen the Cuban Government grudgingly open space to a nascent, yet growing private sector. While cuentapropistas – or self-employed proprietorships – have been legal for some years, in 2021 the Cuban Government also legalized the creation of small- and medium-sized enterprises. With over 11,000 private businesses registered – operating in diverse fields from food distribution, to construction, to auto repair – Cuba’s private sector is now responsible for nearly one-third of all employment on the island. These changes have profoundly affected Cuban culture. Young Cubans are eager to earn private sector wages rather than work for the state. A class of independent business leaders is emerging. I know this because our team, including myself – both in Havana and in Washington – meets with these individuals. These entrepreneurs look to the United States for inspiration and to develop the necessary skills to run successful businesses. In an acute twist of irony, the island’s communist government must now rely on private enterprise to provide food and basic services for its people. It’s not an easy road for these entrepreneurs. The Cuban Government’s mismanagement of its economy has led to unparalleled high inflation. But because it is more nimble and efficient than the government, the private sector currently serves as a life preserver for the Cuban people without which they could not stay afloat. We believe the organic expansion of the private sector and evolution of the digital economy on the island – led by the Cuban people themselves, and not by any foreign government – is critical.

Above all, we must encourage the freedom of Cuban citizens to define their own economic future. Cuban entrepreneurs prefer U.S. values and our economic model and see the United States as their business partner of choice. We are focused on taking measures that inject a real sense of hope among the Cuban people and stem the tide of worsening humanitarian and migration conditions – all while remaining steadfast and promoting accountable for the Cuban’s Government’s continued abuses. So with that, let me now turn to my colleague from the Treasury Department.

SENIOR ADMINISTRATION OFFICIAL THREE: Good morning, everyone. This is . My State and NSC colleagues have discussed the policy contours of today’s action and now I’d like to focus on some of the specific technical information. This morning OFAC amended the Cuban Assets Control Regulations to implement policies intended to support greater freedom and expanded economic opportunities for the Cuban people, including by increasing opportunities for independent Cuban entrepreneurs. In addition to the regulations, OFAC issued a number of guidance documents, including six new frequently asked questions, and amended several additional frequently asked questions. We also released a fact sheet that explains the regulations in simple terms. In short, we’ve made these updates to the regulations to support two priority policy goals: First, we wanted to increase support for the internet freedom in Cuba, but also increase economic support for the Cuban population. On internet freedom, we’ve added examples of authorized internet services and made updates to allow U.S. companies to provide services to install, repair, or replace certain items. So for example, some of the additional services that are now authorized include social media platforms, collaboration platforms, video conferencing, e-gaming and e-learning platforms, automated translation, web maps, and user authentication services.

To help increase economic support to the Cuban people and increase the Cuban private sector’s access to services like online payment platforms, we’ve also made a couple of key changes to the Cuban Asset Control Regulations. First, we redefined the term “self-employed individual” to “independent private sector entrepreneur” to better reflect the types of individuals and entities that operate in the Cuban private sector. This new definition includes not only the definition of self-employed individual from our old regulations, but also includes private sector businesses, and private cooperatives, and sole proprietorships of up to 100 individuals – and this also includes farms.

As of 2021, Cuban entrepreneurs can establish small and medium private enterprises under the Cuban law. By the latest count, there are over 11,000 registered private businesses in Cuba. It’s important to note that the new definition for independent private sector entrepreneurship excludes prohibited officials of the Cuban Government, such as the national assembly members, Cuban military officers, or certain ministry and staff regime propagandists, and prohibited members of the Cuban Communist Party. For a Cuban private sector business to qualify under this definition, its ownership cannot include such insiders.

Second, we will also allow Cuban independent private sector entrepreneurs to establish and remotely access U.S. bank accounts, including through online payment platforms, to conduct authorized or exempt transactions. This will help facilitate independent private sector entrepreneurs in Cuba, importing food, equipment, and other goods that support the Cuban people. Third, to help facilitate remittances in payments for authorized transactions, including authorized transactions to and from the Cuban private sector, we have also reinstated authorization to allow U-turn transactions. These are funds transactions which start and end outside the United States but pass through the U.S. financial system, and they are a common occurrence in international commerce. Ultimately, these regulatory changes are consistent with the LIBERTAD Act, while specifically opening space for the independent Cuban private sector and the Cuban people to access certain financial services, internet services, and information. I want to reiterate that our Cuba sanctions remain in place and the regulations continue to maintain restrictions on the Cuban Government and its military, intelligence, and security services. Today’s action is about support for greater freedom and expanded opportunities for the Cuban people. With that, I will turn it back over to the moderator for questions.

MODERATOR: Thanks so much. And as a quick reminder, as noted in the invitation to this call, this call is embargoed until its conclusion. Again, if you have a question, please use the “raise hand” function in Zoom. And with that, let’s please go to Kylie Atwood to ask the first question. Kylie, go ahead. You should be able to unmute yourself.

QUESTION: Hi. Thank you, guys, for doing this on this Tuesday morning. Just a quick question of clarification. If you guys could be a little bit more explicit with us, do these – what exactly do these online payment platforms include? Like which platforms are we talking about specifically? I assume it’s Zelle and Venmo, but are there other ones as well? And can you confirm that those two would be included? And then my second question is: Are there other countries that the United States has moved forward with this step in recent history that we can point to? And finally, you mentioned there are about 11,000 registered private businesses in Cuba, so is it safe to assume that all of those – so long as they don’t have those excluded officials on their leadership and team that you noted – they could all apply and try and access these online payment platforms now? Thank you.

MODERATOR: Thank you so much. Over to our speakers to take the question.

SENIOR ADMINISTRATION OFFICIAL THREE: This is . I can probably start and answer a couple of those questions. First, yes, online payment platforms are available to use for the authorized activity that is described in the regulations. As far as – of the 11,000 who have access to these new authorizations, they have to meet the definition of the independent, private sector entrepreneur. And we offer in the regulations a definition of that person, and that is also available in some of the guidance that we have issued. But specifically, this does in fact prohibit and exclude Cuban officials and Cuban Government, military, and intelligence and security services. So if they do have an interest in one of those private sectors, the definition would exclude them from this.

MODERATOR: Great. Thank you so much. Let’s go over to Karen DeYoung. Karen, you should be able to unmute yourself now.

QUESTION: Thank you. I was – I wanted to ask a question about state sponsor of terror definition and Cuba still being on that list. When the Secretary of State was asked last week in Congress about the previous decision to designate Cuba as cooperating with the U.S. anti-terrorism goals, he said that that was because Cuba had lifted – because Colombia had lifted its extradition orders on the ELN and other Colombian terrorist groups. That was the definition of why, in the most recent SST designation – that was the definition of why Cuba remained on the SST list. And so I’m wondering: Is the administration currently engaged in a review of the SST designation? And I have a secondary question about the restrictions that are under the SST designation, various sanctions – secondary sanctions and visa restrictions – that greatly affect the tourist industry, in which there are a lot of private – some entrepreneurs, and wondered to what extent you think those – that also undermines the goals that you’ve said are the goals of this current change that you’ve described.

MODERATOR: Thank you so much.

QUESTION: Sorry, that was kind of long.

SENIOR ADMINISTRATION OFFICIAL TWO: Great, thank you – no, thank you very much. Happy to take that. So on May 15th, the department determined that the circumstances for Cuba’s certification as a not fully cooperating country changed from 2022 to 2023. As you know, Cuba’s refusal to engage with Colombia on extradition requests for the – for ELN members, National Liberation Army members, supported Cuba’s NFCC certification for calendar year 2022. In August 2022, pursuant to an order from the Colombian president, from Gustavo Petro, Colombia’s attorney general announced that arrest warrants would be suspended against 17 ELN commanders, including those whose extradition Colombia had previously requested from Cuba. And moreover, the U.S. and Cuba resumed law enforcement cooperation in 2023, including on countering terrorism. So that’s why on May 15th the State Department determined that Cuba’s continued certification as a not fully cooperation country was no longer appropriated. So the designation of state sponsors of terrorism – terror is wholly separate from the NFCC – not fully cooperating country – certification process, and there have been countries certified as an NFCCs without being designated as state sponsors of terror. U.S. law establishes a specific statutory criteria for rescinding the SST designations, and any review of Cuba’s status on the SST list would be based on the law and the criteria established by Congress. Today’s step we feel is critical, in terms of meeting the President’s commitment in May 2022, to support the Cuban people and support the emerging entrepreneurial class, and we think will have a really big impact on the Cuban economy.

MODERATOR: Thank you so much. Let’s please go to Matt Spetalnick to ask the next question. Matt, you should be able to unmute yourself now.

QUESTION: Yes, thank you very much. I was going to kind of make another try at the state sponsor of terrorism question. I mean, can you confirm whether or not the administration, State Department, has begun an actual formal review of Cuba’s presence on that list? It’s been said since the beginning of the administration that – they’ve used the term “review.” It’s being – it’s been studied, and yet we don’t even know it’s truly under review. If so, if a review has not begun, could one begin in the near term and even be carried out before this administration – this term ends?

SENIOR ADMINISTRATION OFFICIAL TWO: Thanks for your question. So I have no updates on review. I would just say again that U.S. law establishes specific statutory criteria for sending an SST designation. And any review of Cuba’s status on the list would be based on the law and the criteria that Congress has established.

MODERATOR: Great. Thanks so much. Let’s please go to Rafael Bernal to ask the next question. Rafael, you should be able to unmute yourself now. Rafael, if you’re speaking, we can’t hear you.

QUESTION: Oh, is that better?

MODERATOR: Yes. Go ahead.

QUESTION: Oh, sorry about that, and thanks for having the call. Following up on sort of the same line, there’s an apparent contradiction, at least publicly – it sounds strange and the Cubans have commented that it’s illogical – that a country can be fully collaborating against terrorism while sponsoring terrorism – on that side. And then on these sanctions and how they interact with the state sponsor of terrorism designation, a lot of these small and medium enterprises, they depend on tourism, and especially European tourists, and European tourists who right now choose not to go to Cuba because of the sanctions that fall on them because of the state sponsor of terrorism. Is there any relief on that end for these small companies?

SENIOR ADMINISTRATION OFFICIAL TWO: Great. Thanks for your question. So let me just sort of go through the differences between the NFCC certification and how it’s different from the state sponsor of terrorism authority. So basically, the State Department conducts an annual review of countries that are not cooperating fully with U.S. anti-terrorism efforts, which it is known commonly as the not fully cooperating country list. And that’s pursuant to section 40A of the Arms Export Control Act. Section 40A prohibits the sale or license for export of defense articles and services to a foreign country that’s certified as an NFCC. And the act requires that a report of the countries that fall into this category for the previous calendar year be sent to Congress every year by May 15. So the NFCC certification is made pursuant to a separate statutory authority and criteria from those under which state sponsor of terrorism designations are made. So there have been countries certified as NFCCs without being designated as SSTs, and there have been countries that have been designated SSTs without being certified as NFCCs, like Sudan. So they are separate authorities that have taken place. In terms of the tourism sector, I would just say that this is – these steps taken today by President Biden, by the administration are opening up a significant amount of space for private enterprises on the island. So that can be across all sectors in which you have these small and medium enterprises. That includes in the tourist sector, but also includes a diverse set of sectors, including auto repair, including food distribution. It’s really across the line. And we’ve been heartened by the fact that, in spite of Cuba’s dire economic situation, there’s this budding class of entrepreneurs, some 30 percent of the economy now, which are really taking extraordinary efforts to work against the failed communist experiment in the country and move forward in a positive direction. And what we’re looking to do today is support those individuals.

MODERATOR: Thanks. Let’s please go to Nora Gamez Torres to ask the next question. Nora, you should be able to unmute yourself. Go ahead.

QUESTION: Hi. Thank you so much for doing this. I wonder if you could go into more details about the use of online payment systems, if you can describe actually what are the ones that are authorized. And I guess you are authorizing this, but banks would have to actually decide if they want to provide these services or not. So I wonder if you can also comment on the sort of conversations you have been having with banks and these tech companies.

SENIOR ADMINISTRATION OFFICIAL THREE: Thanks, Nora, for that question. Yes, the regulatory amendment specifically authorized Cuban independent private sector entrepreneurs to establish and remotely access U.S. bank accounts, including through online payment platforms, to conduct authorized or exempt transactions. And the goal of this, of course, is to help facilitate independent private sector entrepreneurs in Cuba to import food, equipment, and other goods that that the Cuban people need. So yes, they do have access – if they meet the definition of private sector entrepreneurs and they are conducting authorized or exempt transactions, they have the ability to access U.S. bank accounts, establish and remotely access U.S. bank accounts, and that includes online payment platforms. In terms of your follow-on question, I think the types of – I’m sorry, Nora, what was the second half of your question?

MODERATOR: Her question was about conversations that we’ve been having with banks and tech companies. Yeah.

SENIOR ADMINISTRATION OFFICIAL THREE: Oh, yes. Yes. So look, you are absolutely right, the financial institutions will make a risk-based decision, but the State Department and the Treasury Department will engage regularly with financial institutions. And we will – if they have questions, they will come in to OFAC and ask those questions. But we do regularly engage with banks related to questions on Cuba regulations, and we anticipate that they will be coming in and OFAC will be prepared to field those.

MODERATOR: Great, thank you. And our final question will go to Rebecca Santana. Rebecca, you should be able to unmute yourself.

QUESTION: Hi, thank you so much. Just full disclosure, I do not usually cover Cuba, so this is a little bit elementary. I just kind of want to make sure that I am understanding this correctly. So before this, if you were an entrepreneur in Cuba, you couldn’t access the U.S. banking system, whether that was have it in a bank account or whether using, like, your Chase Bank app to make transactions. And now you will be able to presumably as long as you meet this definition of what it is to be a private sector entrepreneur, an independent one, and you don’t have these government ties to your company – you would be able to access that – you’d be able to set up a U.S. bank and be able to use – do online banking.

SENIOR ADMINISTRATION OFFICIAL THREE: Thank you, Rebecca. That’s right. This new authorization allows private sector – independent private sector entrepreneurs, as per the definition, to establish and remotely access U.S. bank accounts, including through our online payment platforms. But it —

MODERATOR: Great —

SENIOR ADMINISTRATION OFFICIAL THREE: Again, it has to be linked to authorized or exempt transactions.

MODERATOR: Thank you so much. That does exhaust our questions and conclude this morning’s call. As a reminder, this morning’s call was on background, attributable to senior administration officials. And the embargo has now lifted on the call. Thank you all so much for joining us, and thank you to our speakers. Have a great day. Bye-Bye. 

Cuba: Oral Argument At Court Of Appeals In Libertad Act Lawsuit Against Four Cruise Lines Moving US$439.2 Million (Plus US$11.7 Million In Attorney Fees) Verdict Nearer To Conclusion.

Oral Argument At 11th Circuit Court Of Appeals In Libertad Act Lawsuit Against Four Cruise Lines Moving US$439.2 Million (Plus US$11.7 Million In Attorney Fees) Verdict Nearer To Conclusion. 

The Original Complaint Was Filed On 2 May 2019.  The Four Cruise Lines And Plaintiff Have Retained More Than Eight Law Firms With More Than Fifty-Seven Attorneys Assigned To The Lawsuits. 

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

In December 2022, A United States District Court For The Southern District Florida Awarded Plaintiff US$439,217,424.51 Million And US$11,707,484.31 In Legal Fees.  The Award Continues To Accrue Interest. 

If The United States District Court Verdict Is Upheld, Losing Party Would Likely Seek “en banc” Review By All Twelve Members Of 11th Circuit Court Of Appeals.  If Not Granted, Losing Party Has Ninety Days To Ask The United States Supreme Court To “grant a writ of certiorari” And Agree To Hear The Appeal.    

HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [Consolidated to 1:19-cv-23591; 1:19-cv-21724; Southern Florida District]; Judgement Entered 12/30/22; 23-10171, 11th Circuit Court of Appeals].

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Ellis George LLP (plaintiff)
Jones Walker LLP (defendant)
Boies Schiller Flexner LLP (defendant)
Paul Weiss Rifkind Wharton & Garrison LLP (defendant)
Akerman LLP (defendant)

HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [Consolidated to 1:19-cv-23591; 1:19-cv-23588; Southern Florida District]; Judgement Entered 12/30/22; 23-10171, 11th Circuit Court of Appeals].

Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)
Orrick Herrington & Sutcliffe LLP (defendant)

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [Consolidated to 1:19-cv-23591; 1:19-cv-23591; Southern Florida District]; Judgement Entered 12/30/22; 23-10171, 11th Circuit Court of Appeals].

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

HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [Consolidated to 1:19-cv-23591; 1:19-cv-23590; Southern Florida District]; Judgement Entered 12/30/22; 23-10171, 11th Circuit Court of Appeals].

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

LINK To Oral Argument Recording (17 May 2024) 

LINK: After 43 Months, Florida District Court Judge Hands First Cuba Libertad Act Verdict- Four Cruise Lines Must Pay US$439,217,424.51 Plus US$11,707,484.31 In Legal Fees. Appeals Probable. December 30, 2022 

LINK: Carnival Corporation Secures US$124.6 Million Surety Bond As It Pursues Appeal Of December 2022 Libertad Act Lawsuit Verdict Against It And Three Other Cruise Companies. April 25, 2023 

LINK To Libertad Act Title III Lawsuit Filing Statistics 

05/17/2024- Oral argument held this date. Oral Argument presented by Paul D. Clement for Appellant RCL and Christopher Landau for Appellee Havana Docks Corporation in 23-10151, Paul D. Clement for Appellant-Cross Appellee RCL, Kannon K. Shanmugam for Appellant-Cross Appellee CCL and Christopher Landau for Appellee-Cross Appellant Havana Docks Corporation in 23-10171. [23-10151, 23-10171] [Entered: 05/17/2024 01:51 PM] 

Excerpts From Court Documents: 

“With respect to Carnival, Havana Docks filed its initial complaint on May 2, 2019, resulting in pre-filing interest in the amount of $27,377,359.42.10 When added to the amount certified to Havana Docks by the FCSC—$9,179,700.88—it totals $36,557,060.30. As for MSC, Royal Caribbean, and Norwegian, Havana Docks filed its initial complaint against each Defendant on August 27, 2019, resulting in pre-filing interest in the amount of $27,436,548.41. When added to the amount certified to Havana Docks by the FCSC, it totals $36,616,249.29 for each of the three Defendants. Havana Docks is further entitled to treble damages. Where a plaintiff “owns a claim with respect to that property which was certified by the FCSC,” § 6082(a)(3)(A), damages are the sum of (1) the plaintiff’s costs and reasonable attorney fees and (2) “3 times the amount determined applicable under paragraph (1)(A)(i).” § 6082(a)(3)(C). In its order on Defendants’ motion to confirm interest calculation, the Court ruled that the amount referred to in “paragraph (1)(A)(i)” is “the claim and the interest.”11 The amount subject to trebling in the Carnival action is, therefore, $36,557,060.30, and in each of the MSC, Royal Caribbean, and Norwegian actions it is $36,616,249.29. Thus, the total amount of liability in the Carnival action is $109,671,180.90 (plus costs and attorneys’ fees) and the total amount in each of the MSC, Royal Caribbean, and Norwegian actions is $109,848,747.87 (plus costs and attorneys’ fees). 

WHEREFORE, Havana Docks respectfully requests the entry final judgment in each action as follows: 1. Against Carnival Corporation, in case number 19-cv-21724, the amount of $109,671,180.90, plus court costs and reasonable attorneys’ fees, with post[1]judgment interest to accrue thereon at the rate and manner prescribed by 28 U.S.C. § 1961. 2. Against MSC Cruises S.A., MSC Cruises USA, LLC, f/k/a MSC Cruises (USA) Inc., in case number 19-cv-23588, the amount of $109,848,747.87, plus court costs and reasonable attorneys’ fees, with post-judgment interest to accrue thereon at the rate prescribed by 28 U.S.C. § 1961. 3. Against Royal Caribbean Cruises Ltd., in case number 19-cv-23590, the amount of $109,848,747.87, plus court costs and reasonable attorneys’ fees, with post-judgment interest to accrue thereon at the rate and manner prescribed by 28 U.S.C. § 1961. 4. Against Norwegian Cruise Line Holdings, Ltd. in case number 19-cv[1]23591, the amount of $109,848,747.87, plus court costs and reasonable attorneys’ fees, with post-judgment interest to accrue thereon at the rate and manner prescribed by 28 U.S.C. § 1961.” 

“Upon Defendants’ Motion to Confirm Interest Calculation Pursuant to 22 U.S.C. § 6082(a)(1)(B), the Court considered Defendants’ request to confirm how it will calculate the applicable interest in this case. See ECF No. [428] (“Interest Order”). The Interest Order confirmed the applicable interest rate, determined that the interest is simple rather than compounded, and analyzed how the Helms-Burton Act’s trebling provision applies. See id. In pertinent part, Defendants argued that the applicable interest rate should be a single rate from the calendar week preceding the date of judgment. See 28 U.S.C. § 1961(a). However, the Court already considered and rejected Defendants’ interpretation. Specifically, the Court determined that, according to the plain language of the Helms-Burton Act, the applicable rate of interest is the weekly average 1- year constant maturity Treasury yield for each week over the period between the date of confiscation and the date Plaintiff brought each case against each Defendant. Id. at 9. In the Motion, Defendants now urge the Court to reconsider its conclusion, arguing that the reasoning in the Interest Order supports the application of a single rate as of the week each Complaint was filed in these cases. Plaintiff opposes the request, arguing that Defendants raise an entirely new argument, and the Motion is therefore improper.

However, Defendants fail to show any inconsistency in the Court’s rulings, and Defendants’ request amounts to nothing more than disagreement with the Court’s conclusion in the Interest Order. “[W]hen there is mere disagreement with a prior order, reconsideration is a waste of judicial time and resources and should not be granted.” Roggio v. United States, No. 11- 22847-CIV, 2013 WL 11320226, at *1 (S.D. Fla. July 30, 2013) (internal citation and quotation marks omitted). Indeed, “[i]t is an improper use of the motion to reconsider to ask the Court to rethink what the Court already thought through—rightly or wrongly.” Z.K. Marine Inc., 808 F. Supp. at 1563 (citation and alterations omitted).”

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

At Least Twenty-Two (22) United States-Based Companies Have Licenses From BIS To Export Vehicles From The United States To The Republic Of Cuba.

At Least Twenty-Two (22) United States-Based Companies Have Licenses From BIS To Export Vehicles From The United States To The Republic Of Cuba. 

The Biden-Harris Administration (2021- ) authorized the Bureau of Industry and Security (BIS) of the United States Department of Commerce to issue licenses to United States-based entities to export vehicles (electric, hybrid, gasoline, diesel), motorcycles (electric, hybrid, gasoline, diesel), and scooters (electric, hybrid, gasoline, diesel) to a micro, small, and medium-sized enterprise (MSME), also known as a PYME (pequeñas y medianas empresas), and to Republic of Cuba nationals.  

• Ten Months After Denial, Biden-Harris Administration Approves Exports Of Electric Motorcycles, Electric Scooters To Cuba Nationals And To Privately-Owned Companies In CubaOctober 05, 2022  

• First Tesla Model Y Vehicle Authorized By Biden-Harris Administration Scheduled For Delivery To A Cuban National. Maryland-Based Company Received First BIS License. November 30, 2023  

Republic of Cuba government-operated IMPEXPORT S.U.R.L. is the importer-of-record for vehicles from the United States entering the Republic of Cuba. 

• Cuba Received More Than US$20 Million In New And Used Vehicles (Including Motorcycles), Gas And Electric, And Parts, From The U.S. In Last Fifteen Months. May 6, 2024  

On 10 May 2022, the Biden-Harris Administration, after an eleven-month inter-agency review process, directed the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury to issue the first license (valid for two years) to a United States-based entity to deliver to the Republic of Cuba a direct investment in and provide direct financing to a MSME/PYME.  

The government of the Republic of Cuba reports more than 10,000 registered PYMEs in the Republic of Cuba, including some Republic of Cuba government-operated companies which have transformed into PYMEs.    

• With U.S. Government Authorization For First Direct Equity Investment Into A Private Company In Cuba, Here Is Important Context And Details.  About The Parties; About The Message. May 16, 2022       

• Biden-Harris Administration Approves First Equity Investment Since 1960 In A Private Cuban Company May 10, 2022   

• Biden Administration Will Use Cuba's Authorization Of SMSE's As Means To Expand Support For Cuba Private Sector- U.S. Investments And Loans May Be Next June 02, 2021     

• Western Union Resumes Services To Cuba. Continues Prohibition For Commercial Use. May 11, 2024  

• 10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations May 13, 2024

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Oral Argument Audio At 11th Circuit Court Of Appeals For Cuba Libertad Act Lawsuit Against China-Based Xinjiang Goldwind Science & Technology Co.

18 April 2024: “Oral argument held this date. Oral Argument presented by Craig Boneau for Appellant North American Sugar Industries, Inc., Patrick J. Boyle for Appellee DSV Air & Sea Inc., Christopher Stephen Carver for Appellees BBC Chartering USA, LLC and BBC Chartering Singapore PTE Ltd. and Sean Marotta for Appellees Xinjiang Goldwind Science & Technology Co., Ltd. and Goldwind International Holdings (HK) Ltd.. [Entered: 04/18/2024 12:43 PM]”

Link To Audio (18 April 2024)

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; 23-10126 11th Circuit Court of Appeals].

Gibson, Dunn & Crutcher (plaintiff)
Mandel & Mandel (plaintiff)
Morgan, Lewis & Bochius (defendant)
Akerman (defendant)
Hogan Lovells LLP (defendant)
Leto Law Firm (defendant)
Venable LLP (defendant)
Strook & Strook & Lavan LLP (defendant)

07/28/2023- Transmitted Electronic Record on Appeal to US Court of Appeals re 300 Notice of Appeal. USCA #23-10126-JJ.
05/19/2023- Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 300 Notice of Appeal, Appeal No. 23-10126-JJ. The entire record on appeal is available electronically.

LINK: NOTICE OF APPEAL (1/10/23)

LINK: STATUS UPDATE (2/13/24)

“Following jurisdictional discovery, a hearing on the Motions, and post-hearing briefing, Judge Otazo-Reyes issued her Report. [ECF No. 277]. The Report made the following findings:

1. The Court does not have personal jurisdiction over DSV US pursuant to Florida Statute § 48.193(1)(a)(1)—the long-arm statute's business activity prong—because Plaintiff's claims do not arise from DSV US's Florida-based business operations;

2. The Court does not have personal jurisdiction over any Defendant pursuant to Florida Statute § 48.193(1)(a)(2)—the long-arm statute's tortious act prong—because (a) the place of the alleged injury is not in Florida and (b) a substantial aspect of the alleged tort was not committed in Florida;

3. Even if the long-arm statute were satisfied, Defendants do not have minimum contacts with Florida sufficient to satisfy the Due Process clause;

4. The Court does not have personal jurisdiction over Defendants pursuant to Rule 4(k)(2) because exercising jurisdiction would not be consistent with the United States Constitution; and

5. Plaintiff's claim for conspiracy does not provide a basis for personal jurisdiction over the Defendants because Plaintiff has not established that Defendants committed a tortious act in Florida in furtherance of the alleged conspiracy. Id.

In its Objections, Plaintiff re-asserts the bulk of the arguments it raised in response to the Motions. See [ECF No. 218]. In addition, Plaintiff argues that the Report (1) failed to consider the broader range of activity that constitutes trafficking under the Act; (2) ignored evidence including that US export law required that the blades make a stop in Miami enroute to Cuba; (3) failed to construe inferences in favor of Plaintiff; and (4) misapplied the constitutional minimum contacts analysis. [ECF No. 282].

N. Am. Sugar Indus. v. Xinjiang Goldwind Sci. & Tech. Co., 645 F. Supp. 3d 1352, 1358 (S.D. Fla. 2022)”

NORTH AMERICAN SUGAR INDUSTRIES INC., Plaintiff, v. DSV AIR & SEA INC., Defendant. [2:21-cv-00080; New Jersey District].

Reid Collins Tsai LLP (plaintiff)
Gibson, Dunn & Crutcher (plaintiff)
Morgan, Lewis & Bochius (defendant)
Venable LLP (defendant)

NORTH AMERICAN SUGAR INDUSTRIES INC., Plaintiff, V. BBC CHARTERING USA, LLC, Defendant. [4:21-cv-00012; Southern District Texas]

Reid Collins Tsai LLP (plaintiff)
Gibson, Dunn & Crutcher (plaintiff)
Akerman (defendant)

LINK: NINETEENTH JOINT STATUS REPORT REGARDING BBC USA’S JURISDICTIONAL CHALLENGES IN THE FIRST ACTION

LINK TO LIBERTAD ACT TITLE III LAWSUIT FILING STATISTICS

One Year Can Make A Difference... Biden-Harris Administration Reports Cuba Is No Longer A "Not Fully Cooperating Country" Relating To "U.S. Counterterrorism Efforts." Precursor For More Changes?

United States Department of State
Washington DC
15 May 2024

"On May 15, the Secretary determined and certified under Section 40A(a) of the Arms Export Control Act that four countries – the DPRK, Iran, Syria, and Venezuela – are “not cooperating fully” with U.S. counterterrorism efforts (NFCC).

The Department determined that the circumstances for Cuba’s certification as a “not fully cooperating country” have changed from 2022 to 2023.  Therefore, the Department did not certify Cuba as a “not fully cooperating country” for calendar year 2023 under Section 40A of the Arms Export Control Act.

Cuba’s refusal to engage with Colombia on extradition requests for National Liberation Army (ELN) members supported Cuba’s NFCC certification for calendar year 2022.  In August 2022, pursuant to an order from Colombian President Gustavo Petro, Colombia’s Attorney General announced that arrest warrants would be suspended against 17 ELN commanders, including those whose extradition Colombia had previously requested from Cuba.  Moreover, the United States and Cuba resumed law enforcement cooperation in 2023, including on counterterrorism.  Therefore, the Department determined that Cuba’s continued certification as a “not fully cooperating country” was no longer appropriate. 

This is NOT the same list as the State Sponsors of Terrorism. U.S. law establishes specific statutory criteria for rescinding an SST designation.  Any future review of Cuba’s status would be based on the law and criteria established by Congress."

Federal Register
Dated: May 8, 2023.
Antony J. Blinken, Secretary of State.
[FR Doc. 2023–10903 Filed 5–22–23; 8:45 am], BILLING CODE 4710–AD–P 

U.S. Department Of State Certifies Government Of Cuba Is "Not Cooperating Fully With United States Antiterrorism Efforts." May 23, 2023

Representative Crawford From Arkansas Visits Cuba For Work Relating To Permanent Select Committee on Intelligence. Also Participates In 5th U.S.-Cuba Agricultural Conference.

Rick Crawford (R- 1st District, Arkansas), a member of the United States House of Representatives, visited the Republic of Cuba from 11 May 2024 to 13 May 2024, for work relating to the United States House of Representatives Permanent Select Committee on Intelligence. While in the Republic of Cuba, Representative Crawford attended portions of the 5th U.S.-Cuba Agricultural Conference.

LINK To List Of U.S. Government Officials/Governors/Members Of United States Congress Visiting Cuba

LINKS To Related Analyses

Advocacy Group Did Not Always Oppose Having Others Pay Certified Claimants; Removing Responsibility From Cuba April 27, 2019 

116th Congress Will Have Cuba Legislation: Boxing Match May Look Like This December 29, 2018 

Rep. Crawford Withdraws Legislation.... Good News For Certified Claimants June 28, 2017 

Cuba- Last Week’s Mistakes By Members Of Congress/Advocates Could Hurt U.S. Companies July 12, 2016 

Cuba Trade Amendment Withdrawn As House Leaders Promise Path Forward July 07, 2016

Impacting Cuba? Booking Holdings Inc. And Booking.com B.V. Reach Settlements In Five U.S. Libertad Act Title III Lawsuits. Six Of 45 Lawsuits Filed Since 2019 Have Full Or Partial Settlements.

Booking Holdings Inc. And Booking.com B.V. Reach Settlements In Five Cuba Libertad Act Title III Lawsuits.

The Trump-Pence Administration (2017-2021) on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).

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

Along With Financial Settlement, Did Plaintiffs Use Provision In Libertad Act For A Private Settlement Which Would Permit Booking Holdings Inc. And Booking.com B.V. To Continue To Operate In Cuba?

Will Settlements Impact U.S. And Non-U.S. Travelers To Cuba?

Six Libertad Act Title III Lawsuits Have Now Been Settled- One Fully And Five Partially.

First Settlement With A Switzerland-Based Company. Second Settlements With One Defendant Who Is A United States-Based Company And One Defendant Who Is A Netherlands-Based Company.

On 28 December 2023, the plaintiffs and one of the defendants (with two corporate entities) submitted to judges a “Stipulation of Partial Voluntary Dismissal with Prejudice” for five lawsuits. The courts granted dismissals individually on 2 January 2024, 19 January 2024, 20 January 2024, 22 January 2024, 22 January 2024. The dismissals included the statement: “… each party to bear its own costs and attorney fees.” The initial lawsuits were filed on 24 June 2019.

The five (5) Libertad Act Title III lawsuits were filed in the United States District Court for the Southern District of Florida, one of which had reached the Atlanta, Georgia-based United States Court of Appeals for the Eleventh Circuit.

From the company: “Booking Holdings (NASDAQ: BKNG) [2023 revenue US$21.3 billion] is the world's leading provider of online travel and related services, provided to consumers and local partners in more than 220 countries and territories through five primary consumer-facing brands: Booking.com, Priceline, Agoda, KAYAK and OpenTable. The mission of Booking Holdings is to make it easier for everyone to experience the world. For more information, visit BookingHoldings.com and follow us on X @BookingHoldings.”

LINK: Libertad Act Title III Lawsuit Settlement Fact Sheet (2019- )
LINK: Libertad Act Title III Lawsuit Filing Statistics 2019- )

OSVALDO SOTO V. BOOKING.COM B.V. AND BOOKING HOLDINGS INC. [1:20-cv-24044; Southern Florida District].  Settlement: Booking.com BV and Booking Holdings, Inc., dismissed as defendants on 2 January 2024 with plaintiff and defendant bearing its own fees and costs.

Rivero Mestre LLP (plaintiff)
Manuel Vazquez PA (plaintiff)
Baker & McKenzie LLP (plaintiff)
Boies Schiller Flexner LLP (defendant)
Baker & McKenzie LLP (defendant)
Scott Douglass & McConnico LLP (defendant)
Akerman LLP (defendant)

LINK: STIPULATION OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE (12/28/23)
LINK: ORDER DISMISSING CERTAIN DEFENDANTS (1/02/24)

Date Filed    #    Docket Text
05/14/2024    152
REPLY to Response to Motion re 147 MOTION to Withdraw as Attorney by Andres Rivero, Esq., Alan H. Rolnick, Esq., Ana C. Malave, Esq., Sylmarie Trujillo, Esq., and Manuel Vazquez, Esq. for / filed by Eduardo Soto. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 05/14/2024)
05/09/2024    151
RESPONSE in Opposition re 147 MOTION to Withdraw as Attorney by Andres Rivero, Esq., Alan H. Rolnick, Esq., Ana C. Malave, Esq., Sylmarie Trujillo, Esq., and Manuel Vazquez, Esq. for / filed by Expedia Group, Inc.. Replies due by 5/16/2024. (Perez, Lorayne) (Entered: 05/09/2024)
05/08/2024    150
Plaintiff's MOTION to Strike Expedia's Affirmative Defenses by Eduardo Soto. Responses due by 5/22/2024. (Rivero, Andres) (Entered: 05/08/2024)
05/08/2024    149
RESPONSE in Support re 141 Defendant's MOTION for Reconsideration re 138 Order on Motion to Dismiss for Partial Reconsideration, and in the Alternative, Motion for Certification for Interlocutory Appeal filed by Expedia Group, Inc.. (Perez, Lorayne) (Entered: 05/08/2024)
05/06/2024    148     PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Plaintiff's Counsel has filed a Motion to Withdraw. (DE 147 ). The certificate of conferral reflects that the requested relief is opposed by Defendants. In the interest of resolving this issue without unnecessary delay, I will expedite the briefing schedule on this motion. Therefore, on or by May 9, 2024, Defendants shall file a response to Plaintiff's Motion, fully setting forth the basis for their opposition. Signed by Judge Donald M. Middlebrooks on 5/6/2024. (kid) (Entered: 05/06/2024)
05/02/2024    147
MOTION to Withdraw as Attorney by Andres Rivero, Esq., Alan H. Rolnick, Esq., Ana C. Malave, Esq., Sylmarie Trujillo, Esq., and Manuel Vazquez, Esq. for / by Eduardo Soto. Responses due by 5/16/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 05/02/2024)
05/02/2024    146
ORDER GRANTING 144 DEFENDANT'S MOTION for Reconsideration, AND GRANTING 140 DEFENDANT'S MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17454677 filed by Expedia Group, Inc. Signed by Judge Donald M. Middlebrooks on 5/2/2024. See attached document for full details. (caw) (Entered: 05/02/2024)
05/01/2024    145
RESPONSE in Opposition re 141 Defendant's MOTION for Reconsideration re 138 Order on Motion to Dismiss for Partial Reconsideration, and in the Alternative, Motion for Certification for Interlocutory Appeal filed by Eduardo Soto. Replies due by 5/8/2024. (Rivero, Andres) (Entered: 05/01/2024)
04/30/2024    144
Defendant's MOTION for Reconsideration re 143 Order on Motion to Appear Pro Hac Vice by Expedia Group, Inc.. (Perez, Lorayne) (Entered: 04/30/2024)
04/18/2024    143     PAPERLESS ORDER denying 140 Motion to Appear Pro Hac Vice. Attorney Santosh Aravind has filed more than three motions to appear pro hac vice within a 365-day period. Signed by Judge Donald M. Middlebrooks on 4/18/2024. (kid) (Entered: 04/18/2024)
04/17/2024    142
Expedia Group's ANSWER and Affirmative Defenses to Amended Complaint by Expedia Group, Inc.. (Perez, Lorayne) (Entered: 04/17/2024)
04/17/2024    141
Defendant's MOTION for Reconsideration re 138 Order on Motion to Dismiss for Partial Reconsideration, and in the Alternative, Motion for Certification for Interlocutory Appeal by Expedia Group, Inc.. (Perez, Lorayne). (Entered: 04/17/2024)
04/17/2024    140
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17454677 by Expedia Group, Inc.. Responses due by 5/1/2024. (Attachments: # 1 Text of Proposed Order proposed Order)(Perez, Lorayne) (Entered: 04/17/2024)
04/03/2024    139
ORDER DENYING AS MOOT 135 PLAINTIFF'S Motion to Stay and GRANTING IN PART 136 PLAINTIFF'S Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 4/3/2024. See attached document for full details. (caw) (Entered: 04/03/2024)
04/03/2024    138
ORDER DENYING 124 DEFENDANT EXPEDIA GROUP, INC.'S MOTION TO DISMISS. Signed by Judge Donald M. Middlebrooks on 4/3/2024. See attached document for full details. (caw) (Entered: 04/03/2024)
03/28/2024    137
RESPONSE in Opposition re 136 Plaintiff's MOTION for Extension of Time and to Modify Scheduling Order filed by Expedia Group, Inc.. Replies due by 4/4/2024. (Perez, Lorayne) (Entered: 03/28/2024)
03/14/2024    136
Plaintiff's MOTION for Extension of Time and to Modify Scheduling Order by Eduardo Soto. Responses due by 3/28/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/14/2024)
03/06/2024    135
Unopposed MOTION to Stay by Eduardo Soto. Responses due by 3/20/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/06/2024)
02/05/2024    134
NOTICE of Mediator Selection. Selected/Added Harry Schafer as Mediator. (Rivero, Andres) (Entered: 02/05/2024)
02/02/2024    133
Defendant's REPLY to Response to Motion re 124 Defendant's MOTION to Dismiss with Prejudice 49 Amended Complaint/Amended Notice of Removal, filed by Expedia Group, Inc.. (Perez, Lorayne) (Entered: 02/02/2024)
02/02/2024    132
REPORT REGARDING Joint Discovery Plan and Rule 26(f) Conference by Eduardo Soto (Rivero, Andres) (Entered: 02/02/2024)
02/02/2024    131     PAPERLESS ORDER granting 130 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke. Signed by Judge Donald M. Middlebrooks on 2/2/2024. (kid) (Entered: 02/02/2024)
02/01/2024    130
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 127 Motion to Appear Pro Hac Vice, by Expedia Group, Inc.. Responses due by 2/15/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 02/01/2024)
02/01/2024    129     PAPERLESS ORDER denying without prejudice 127 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke. Local counsel did not consent to electronically serve all documents and things that may be served electronically, and did not consent to serving documents in compliance with the CM/ECF Administrative Procedures. A sample motion may be found on the Court's website. Counsel may refile this motion in compliance with all applicable rules. Signed by Judge Donald M. Middlebrooks on 2/1/2024. (kid) (Entered: 02/01/2024)
01/26/2024    128
RESPONSE in Opposition re 124 Defendant's MOTION to Dismiss with Prejudice 49 Amended Complaint/Amended Notice of Removal, filed by Eduardo Soto, as Personal Representative of Osvaldo Soto. Replies due by 2/2/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 01/26/2024)
01/26/2024    127
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Receipt # AFLSDC-17246203 by Expedia Group, Inc.. Responses due by 2/9/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 01/26/2024)
01/22/2024    126
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 2/22/2024. Discovery due by 6/13/2024. Fact Discovery due by 6/13/2024. Expert Discovery due by 6/13/2024. Joinder of Parties due by 2/22/2024. In Limine Motions due by 6/24/2024. Dispositive Motions due by 6/24/2024. Motions due by 6/24/2024. Pretrial Stipulation due by 7/29/2024. JURY TRIAL set for 10/21/2024 at 09:00 AM in Miami Division before Judge Donald M. Middlebrooks. CALENDAR CALL set for 10/15/2024 at 01:15 PM in Miami Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 1/22/2024. See attached document for full details. (caw) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 01/22/2024)
01/12/2024    125
REPORT REGARDING Joint Report and Proposed Pre-Trial Litigation Schedule by Expedia Group, Inc. (Attachments: # 1 Text of Proposed Order proposed Order Setting Trial and Pre-Trial Schedule)(Perez, Lorayne) (Entered: 01/12/2024)
01/12/2024    124
Defendant's MOTION to Dismiss with Prejudice 49 Amended Complaint/Amended Notice of Removal, by Expedia Group, Inc.. Responses due by 1/26/2024. (Attachments: # 1 Exhibit Exhibit 1 - Declaration)(Perez, Lorayne) (Entered: 01/12/2024)
01/04/2024    123
ORDER REQUIRING PROPOSED LITIGATION SCHEDULE: On or by January 12, 2024 the Parties SHALL CONFER and JOINTLY FILE a proposed pretrial litigation schedule, including a requested trial date. Signed by Judge Donald M. Middlebrooks on 1/4/2024. See attached document for full details. (scn) (Entered: 01/05/2024)
01/04/2024    122
ORDER LIFTING STAY: Expedia Group, Inc.'s response/answer to Amended Complaint due 1/12/2024. Signed by Judge Donald M. Middlebrooks on 1/4/2024. See attached document for full details. (scn) (Entered: 01/05/2024)
01/02/2024    121
Order Dismissing Certain Defendants re 120 Joint Stipulation of Partial Voluntary Dismissal; Dismissing Claims with prejudice against Booking Holdings Inc. and Booking.com B.V. Signed by Judge Donald M. Middlebrooks on 1/2/2024. See attached document for full details. (ls) (Entered: 01/02/2024)
12/28/2023    120
STIPULATION of Dismissal Stipulation of Partial Voluntary Dismissal by Eduardo Soto, as Personal Representative of the Estate of Osvaldo Soto, and Booking.com B.V. and Booking Holdings Inc. by Eduardo Soto, as Personal Representative of Osvaldo Soto (Rivero, Andres) (Entered: 12/28/2023)

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].  Lawsuit dismissed with leave to amend on 16 November 2020.  Settlement: Booking.com BV and Booking Holdings, Inc., dismissed as defendants on 23 January 2024 with plaintiff and defendant bearing its own fees and costs.

Rivero Mestre (plaintiff)
Carlos A. Rodriguez Law PLLC (plaintiff)
Manuel Vazquez (plaintiff)
Law Office of Miguel San Pedro (plaintiff)
Boies Schiller Flexner LLC (defendant)
Akerman LLP (defendant)
Actuate Law (defendant)
Scott Douglass & McConnico LLP (defendant)
Baker & McKenzie LLC (defendant)

LINK: STIPULATION OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE (12/28/23)
LINK: FINAL ORDER OF DISMISSALS AS TO BOOKING.COM, B.V. AND BOOKING HOLDINGS INC. (1/20/24)

Date Filed    #    Docket Text
04/30/2024    210
Defendant's MOTION for Reconsideration re 207 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/30/2024)
03/25/2024    209     PAPERLESS ORDER granting 208 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Santosh Aravind, Esq. of the law firm Scott Douglass & McConnico LLP. Signed by Judge Federico A. Moreno on 3/25/2024. (mmd) (Entered: 03/25/2024)
03/20/2024    208
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17384289 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 4/3/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 03/20/2024)
03/14/2024    207
ORDER granting 205 Motion to Continue. Calendar Call set for 10/15/2024 02:00 PM before Judge Federico A. Moreno. Jury Trial set for two-week period starting 10/21/2024 before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 3/14/2024. See attached document for full details. (mmd) (Entered: 03/14/2024)
03/12/2024    206
NOTICE of Attorney Appearance by Miguel San Pedro on behalf of Diego Trinidad. Attorney Miguel San Pedro added to party Diego Trinidad(pty:pla). (San Pedro, Miguel) (Entered: 03/12/2024)
03/08/2024    205
Defendant's MOTION to Continue Trial and Extend Pretrial Deadlines by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 3/22/2024. (Attachments: # 1 Exhibit Shank Declaration)(Perez, Lorayne) (Entered: 03/08/2024)
02/05/2024    204     PAPERLESS ORDER granting 203 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke, Esq. of the law firm Scott Douglass & McConnico LLP. Signed by Judge Federico A. Moreno on 2/5/2024. (mmd) (Entered: 02/05/2024)
02/01/2024    203
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Receipt # AFLSDC-17261260 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 2/15/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 02/01/2024)
01/24/2024         Attorney Ana C Malave representing Trinidad, Diego (Plaintiff); Attorney Jorge Alejandro Mestre representing Trinidad, Diego (Plaintiff); Attorney Andres Rivero representing Trinidad, Diego (Plaintiff); Attorney Alan H. Rolnick representing Trinidad, Diego (Plaintiff); Attorney Manuel Vazquez representing Trinidad, Diego (Plaintiff) terminated. Per DE#202. (cqs) (Entered: 01/24/2024)
01/24/2024    202
ORDER granting 199 Motion to Withdraw as Attorney. Signed by Judge Federico A. Moreno on 1/23/2024. See attached document for full details. (mmd) (Entered: 01/24/2024)
01/23/2024    201
FINAL ORDER OF DISMISSAL AS TO BOOKING.COM, B.V. and BOOKING HOLDINGS, INC. Signed by Judge Federico A. Moreno on 1/22/2024. See attached document for full details. (mmd) (Entered: 01/23/2024)
01/11/2024    200
Defendant's NOTICE on Non-Opposition to Motion to Withdraw as Counsel for Plaintiff Diego Trinidad by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC re 199 MOTION to Withdraw as Attorney by Andres Rivero, Esq., Ana C. Malave, Esq., Alan H. Rolnick, Esq., Jorge Alejandro Mestre, Esq., and Manuel Vazquez, Esq. for / (Perez, Lorayne) (Entered: 01/11/2024)
12/28/2023    199
MOTION to Withdraw as Attorney by Andres Rivero, Esq., Ana C. Malave, Esq., Alan H. Rolnick, Esq., Jorge Alejandro Mestre, Esq., and Manuel Vazquez, Esq. for / by Diego Trinidad. Responses due by 1/11/2024 (Attachments: # 1 Exhibit Proposed Order)(Rivero, Andres) (Entered: 12/28/2023)
12/28/2023    198
STIPULATION of Dismissal Stipulation of Partial Voluntary Dismissal by Diego Trinidad, and Booking.com B.V. and Booking Holdings Inc. by Diego Trinidad (Rivero, Andres) (Entered: 12/28/2023)

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].  Lawsuit dismissed with leave to amend on 16 November 2020.  Settlement: Booking.com BV and Booking Holdings, Inc., dismissed as defendants on 22 January 2024 with plaintiff and defendant bearing its own fees and costs.

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Boies Schiller & Flexner (defendant)
Baker & McKenzie (defendant)
Scott Douglas & McConnico LLP (defendant)
Akerman LLP (defendant)
Actuate Law (defendant)

LINK: STIPULATION OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE (12/28/23)
LINK: FINAL ORDER OF DISMISSAL AS TO BOOKING.COM B.V. AND BOOKING HOLDINGS INC.

Date Filed    #    Docket Text
05/08/2024    210
RESPONSE in Opposition re 200 Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession filed by Mario Echevarria. Replies due by 5/15/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 05/08/2024)
05/07/2024    209
FINAL MEDIATION REPORT by Mediator Harry R. Schafer. Disposition: Case did not settle. Mediation held/partially held via video-conference. Filed by Harry Schafer.(Rivero, Andres) (Entered: 05/07/2024)
05/03/2024    208
Defendant's MOTION to Compel Production of Documents Responsive to Defendants' Second Set of Requests for Production by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 5/17/2024. (Attachments: # 1 Exhibit Exhibit A Email, # 2 Exhibit Exhibit B M Echevarria Depo Excerpts, # 3 Exhibit Exhibit C C. Davis (Florido) Depo Excerpts, # 4 Exhibit Exhibit D C Tuya (Cuevas) Depo Excerpts, # 5 Exhibit Exhibit E E Echevarria (Sanchez) Depo Excerpts, # 6 Exhibit Exhibit F Expedia (Accor) 2nd RFP, # 7 Exhibit Exhibit G P's Objs and Responses to Expedia's 2nd RFP (Accor))(Perez, Lorayne) (Entered: 05/03/2024)
05/02/2024    207
REPLY to Response to Motion re 198 Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives filed by Mario Echevarria. (Rivero, Andres) (Entered: 05/02/2024)
05/01/2024    206
RESPONSE to Motion re 205 Defendant's MOTION for Reconsideration re 195 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance filed by Mario Echevarria. Replies due by 5/8/2024. (Rivero, Andres) (Entered: 05/01/2024)
04/30/2024    205
Defendant's MOTION for Reconsideration re 195 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/30/2024)
04/26/2024    204
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response in Opposition to Plaintiff's Motion to Compel per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order) (Perez, Lorayne) (Entered: 04/26/2024)
04/26/2024    203
Defendant's NOTICE of Filing Unredacted Exhibit in Support of Their Motion to Compel by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC re 200 Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession (Attachments: # 1 Exhibit Ex. A - Exhibit F Echevarria, Julio 032624 Full Size) (Perez, Lorayne) (Entered: 04/26/2024)
04/26/2024    202
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response to Plaintiff's Motion to Compel (ECF No. 200) per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order) (Perez, Lorayne) (Entered: 04/26/2024)
04/25/2024    201
RESPONSE in Opposition re 198 Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives filed by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Replies due by 5/2/2024. (Attachments: # 1 Exhibit Exhibit A - Seal, # 2 Exhibit Exhibit B 2020-07-27 Expedia's Objs to 1st Set of RFA 4854-7200-3948 v.1, # 3 Exhibit Exhibit C - Seal, # 4 Exhibit Exhibit D 2020-06-25 Ps' 1st RFP to Expedia 4861-6000-0876 v.1, # 5 Exhibit Exhibit E 2020-06-25 Ps' 1st Set of ROGs to Expedia 4878-2101-0796 v.1, # 6 Exhibit Exhibit F 2020-06-25 Ps' 1st RFA to Expedia 4857-5741-3228 v.1, # 7 Exhibit Exhibit G 2020-07-27 Expedia's Resps and Objs to 1st RFP, # 8 Exhibit Exhibit H 2020-07-27 Expedia's Answers and Objs to 1st Set of ROGs 4893-6425-2524 v.1, # 9 Exhibit Exhibit I 2024-03-14 Expedia Defs Resps and Objs to 3rd RFP, # 10 Exhibit Exhibit J 2024-02-29 NOD Expedia Corp Rep, # 11 Exhibit Exhibit K 2024-03-04 Expedia-Echevarria (Accor) - Expedia Entities Objs and Resps to 30(b)(6) Notice, # 12 Exhibit Exhibit L - Seal, # 13 Exhibit Exhibit M - Seal)(Perez, Lorayne) (Entered: 04/25/2024)
04/24/2024    200
Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 5/8/2024. (Attachments: # 1 Exhibit Exhibit A 2024-03-13 P's Rule 26(a)(1) Supplemental Initial Disclosures, # 2 Exhibit Exhibit B 2024-03-19 Accor - Enrique Reboredo Subpoena, # 3 Exhibit Exhibit C SEALED, # 4 Exhibit Exhibit D 2024-01-25 Email, # 5 Exhibit Exhibit E 2024-03-14 Email, # 6 Exhibit Exhibit F SEALED, # 7 Exhibit Exhibit G 2024-01-08 Email, # 8 Exhibit Exhibit H Davis, Carmen 022224 Full Size, # 9 Exhibit Exhibit I 2024-03-13 Mario Echevarria's 3rd Amd Responses to 1st ROGs)(Perez, Lorayne) (Entered: 04/24/2024)
04/11/2024    199
RESPONSE in Support re 190 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/11/2024)
04/11/2024    198
Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives by Mario Echevarria. Responses due by 4/25/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivero, Andres) (Entered: 04/11/2024)
04/04/2024    197
REPLY to Response to Motion re 186 Plaintiff's MOTION to Compel Discovery responses filed by Mario Echevarria. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rivero, Andres) (Entered: 04/04/2024)
04/04/2024    196
RESPONSE to Motion re 190 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Mario Echevarria. Replies due by 4/11/2024. (Rivero, Andres) (Entered: 04/04/2024)
04/01/2024    195
ORDER OF CONTINUANCE AND ORDER REVISING PRETRIAL DEADLINES. Jury Trial is set for the two-week period commencing 10/21/2024 before Judge Federico A. Moreno. Calendar Call is set for 10/15/2024 at 02:00 PM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 4/1/2024. See attached document for full details. (jl00) (Entered: 04/01/2024)
03/29/2024    194
Defendant's MOTION to Seal Certain Exhibits in Support of Their Responses in Opposition to Plaintiff's Motion for Continuance and to Plaintiff's Motion to Compel per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order on Motion to File Under Seal) (Perez, Lorayne) (Entered: 03/29/2024)
03/29/2024    193
RESPONSE in Opposition re 186 Plaintiff's MOTION to Compel Discovery responses filed by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Replies due by 4/5/2024. (Attachments: # 1 Exhibit EXHIBIT A - proposed Sealed Exhibit, # 2 Exhibit Exhibit B 2020-07-27 Expedia's Objs to 1st Set of RFA 4854-7200-3948 v.1, # 3 Exhibit Exhibit C 2020-07-27 Hotels.com's Objs to 1st Set of RFA 4860-0887-4860 v.1, # 4 Exhibit Exhibit D 2020-07-27 Orbitz's Objs to 1st Set of RFA 4865-9607-7420 v.1, # 5 Exhibit EXHIBIT E - proposed Sealed Exhibit, # 6 Exhibit Exhibit F 2020-06-25 Ps' 1st RFP to Expedia 4861-6000-0876 v.1, # 7 Exhibit Exhibit G 2020-06-25 Ps' 1st Set of ROGs to Expedia 4878-2101-0796 v.1, # 8 Exhibit Exhibit H 2020-06-25 Ps' 1st RFA to Expedia 4857-5741-3228 v.1, # 9 Exhibit Exhibit I 2020-07-27 Expedia's Resps and Objs to 1st RFP 4869-9873-0604 v.1, # 10 Exhibit Exhibit J 2020-07-27 Expedia's Answers and Objs to 1st Set of ROGs 4893-6425-2524 v.1, # 11 Exhibit Exhibit K 2024-01-29 Email re Productions, # 12 Exhibit EXHIBIT L - proposed Sealed Exhibit, # 13 Exhibit EXHIBIT M - proposed Sealed Exhibit, # 14 Exhibit EXHIBIT N - proposed Sealed Exhibit, # 15 Exhibit EXHIBIT O - proposed Sealed Exhibit, # 16 Exhibit Exhibit Q Nov 30 2023 Email, # 17 Exhibit Exhibit R Pages from Echevarria, Julio 032624 Full Size, # 18 Exhibit Exhibit S 2024-02-29 NOD Expedia Corp Rep, # 19 Exhibit Exhibit T Pages from Ruth Barker CORRECTED 030624 FULL PDFA, # 20 Exhibit Exhibit U 2024-03-04 Expedia-Echevarria (Accor) - Expedia Entities Objs and Resps to 30(b)(6) Notice, # 21 Exhibit Exhibit V Pages from Echevarria, Esther 022324 Full Size)(Perez, Lorayne) (Entered: 03/29/2024)
03/28/2024    192
RESPONSE in Opposition re 187 Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date filed by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Replies due by 4/4/2024. (Attachments: # 1 Exhibit EXHIBIT A - proposed Sealed Exhibit, # 2 Exhibit EXHIBIT B - proposed Sealed Exhibit, # 3 Exhibit Exhibit C 2020-07-27 Expedia's Objs to 1st Set of RFA 4854-7200-3948 v.1, # 4 Exhibit Exhibit D 2020-07-27 Hotels.com's Objs to 1st Set of RFA 4860-0887-4860 v.1, # 5 Exhibit Exhibit E 2020-07-27 Orbitz's Objs to 1st Set of RFA 4865-9607-7420 v.1, # 6 Exhibit Exhibit F 2020-06-25 Ps' 1st RFP to Expedia 4861-6000-0876 v.1, # 7 Exhibit Exhibit G 2020-06-25 Ps' 1st Set of ROGs to Expedia 4878-2101-0796 v.1, # 8 Exhibit Exhibit H 2020-06-25 Ps' 1st RFA to Expedia 4857-5741-3228 v.1, # 9 Exhibit Exhibit I 2020-07-27 Expedia's Resps and Objs to 1st RFP 4869-9873-0604 v.1, # 10 Exhibit Exhibit J 2020-07-27 Expedia's Answers and Objs to 1st Set of ROGs 4893-6425-2524 v.1, # 11 Exhibit Exhibit K 2024-01-29 Email re Productions)(Perez, Lorayne) (Entered: 03/28/2024)
03/25/2024    191     PAPERLESS ORDER granting 189 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Santosh Aravind, Esq. of the law firm of Scott Douglass & McConnico LLP. Signed by Judge Federico A. Moreno on 3/25/2024. (mmd) (Entered: 03/25/2024)
03/21/2024    190
Defendant's MOTION to Compel Terms of Settlement with Booking Entities by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 4/4/2024. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Text of Proposed Order proposed Order)(Perez, Lorayne) (Entered: 03/21/2024)
03/20/2024    189
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17384429 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 4/3/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 03/20/2024)
03/15/2024    188
Defendant's NOTICE of Opposition to Plaintiff's Motion for Continuance and Intent to File a Response by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC re 187 Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date (Perez, Lorayne) (Entered: 03/15/2024)
03/14/2024    187
Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date by Mario Echevarria. Responses due by 3/28/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/14/2024)
03/14/2024    186
Plaintiff's MOTION to Compel Discovery responses by Mario Echevarria. Responses due by 3/28/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 03/14/2024)
02/27/2024    185     PAPERLESS ORDER granting 184 Joint Motion for Entry of Privilege Log Protocol. The Court approves the privilege log protocol attached to the parties' joint motion. Signed by Judge Federico A. Moreno on 2/27/2024. (mmd) (Entered: 02/27/2024)
02/23/2024    184
Joint MOTION for Entry of Privilege Log Protocol by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Exhibit Stipulated Privilege Log Protocol)(Perez, Lorayne) (Entered: 02/23/2024)
02/15/2024    183
ORDER granting 182 Joint Motion to Modify Scheduling Order. Trial remains set for the two-week period starting July 15, 2024. Signed by Judge Federico A. Moreno on 2/15/2024. See attached document for full details. (mmd) (Entered: 02/15/2024)
02/01/2024    182
Joint MOTION to Amend/Correct 179 Order on Motion to Amend/Correct Scheduling Order by Mario Echevarria. Responses due by 2/15/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 02/01/2024)
01/30/2024    181     PAPERLESS ORDER granting 180 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke, Esq. of the law firm Scott Douglass & McConnico, LLP as co-counsel for the Defendants Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, LLC, and Orbitz, LLC. Signed by Judge Federico A. Moreno on 1/30/2024. (mmd) (Entered: 01/30/2024)
01/26/2024    180
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Receipt # AFLSDC-17246082 by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 2/9/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 01/26/2024)
01/24/2024    179
ORDER granting 177 Motion to Modify Scheduling Order. Trial remains set for the two-week period starting July 15, 2024. Signed by Judge Federico A. Moreno on 1/23/2024. See attached document for full details. (mmd) (Entered: 01/24/2024)
01/23/2024    178
FINAL ORDER OF DISMISSAL as to Booking Holdings Inc. and Booking.Com.B.V. Signed by Judge Federico A. Moreno on 1/22/2024. See attached document for full details. (mmd) (Entered: 01/23/2024)
01/17/2024    177
Joint MOTION to Amend/Correct 165 Scheduling Order,, to Modify Scheduling Order by Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC. Responses due by 1/31/2024. (Perez, Lorayne) (Entered: 01/17/2024)
12/28/2023    176
STIPULATION of Dismissal Stipulation of Voluntary Dismissal by Mario Echevarra, Consuelo Cuevas, Esther Sanchez, Carmen Florido, and Booking.com B.V. and Booking Holdings Inc. by Consuelo Cuevas, Mario Echevarria, Carmen Florido, Esther Sanchez (Rivero, Andres) (Entered: 12/28/2023)

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].  Lawsuit dismissed with leave to amend on 16 November 2020.  Settlement: Booking.com BV and Booking Holdings, Inc., dismissed as defendants on 22 January 2024 with plaintiff and defendant bearing its own fees and costs.

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Carlos Antonio Rodriguez Law PLLC (plaintiff)
Boies Schiller Flexner LLP (defendant)
Baker & McKenzie, LLP (defendant)
Scott Douglass & McConnico LLP (defendant)
Actuate Law (defendant)
Akerman LLP (defendant)

LINK: STIPULATION OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE (12/28/23)
LINK: FINAL ORDER OF DISMISSAL AS TO BOOKING.COM B.V. AND BOOKING HOLDINGS INC.

Date Filed    #    Docket Text
05/09/2024    204     PAPERLESS ORDER granting 183 Motion for Leave to File Excess Pages in Reply Memorandum in support of Motion for Class Certification. Signed by Judge Federico A. Moreno on 5/9/2024. (mmd) (Entered: 05/09/2024)
05/08/2024    203
RESPONSE in Opposition re 192 Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession filed by Mario Echevarria. Replies due by 5/15/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 05/08/2024)
05/07/2024    202
FINAL MEDIATION REPORT by Mediator Harry Schafer. Disposition: Case did not settle. Mediation held/partially held via video-conference. Filed by Harry Schafer.(Rivero, Andres) (Entered: 05/07/2024)
05/06/2024    201
Plaintiff's MOTION to Consolidate Cases and for Leave to File Consolidated Amended Complaint by Mario Echevarria. Responses due by 5/20/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivero, Andres) (Entered: 05/06/2024)
05/03/2024    200
Defendant's MOTION to Compel Production of Documents Responsive to Defendants' Second Set of Requests for Production by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 5/17/2024. (Attachments: # 1 Exhibit Exhibit A Email, # 2 Exhibit Exhibit B M Echevarria Depo Excerpts, # 3 Exhibit Exhibit C C. Davis (Florido) Depo Excerpts, # 4 Exhibit Exhibit D C Tuya (Cuevas) Depo Excerpts, # 5 Exhibit Exhibit E E Echevarria (Sanchez) Depo Excerpts, # 6 Exhibit Exhibit F Expedia (Iberostar) 2nd RFP, # 7 Exhibit Exhibit G P's Objs and Responses to Expedia's 2nd RFP (Iberostar))(Perez, Lorayne) (Entered: 05/03/2024)
05/02/2024    199
REPLY to Response to Motion re 186 Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives filed by Mario Echevarria. (Rivero, Andres) (Entered: 05/02/2024)
05/01/2024    198
RESPONSE to Motion re 197 Defendant's MOTION for Reconsideration re 176 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance filed by Mario Echevarria. Replies due by 5/8/2024. (Rivero, Andres) (Entered: 05/01/2024)
04/30/2024    197
Defendant's MOTION for Reconsideration re 176 Order on Motion to Continue, or in the Alternative, Motion for Further Continuance by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/30/2024)
04/26/2024    196
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response in Opposition to Plaintiff's Motion to Compel [ECF No. 193] per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order) (Perez, Lorayne) (Entered: 04/26/2024)
04/26/2024    195
Defendant's NOTICE of Filing Unredacted Exhibit in Support of Their Motion to Compel by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC re 192 Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession (Attachments: # 1 Exhibit Ex. A - Exhibit F Echevarria, Julio 032624 Full Size) (Perez, Lorayne) (Entered: 04/26/2024)
04/26/2024    194
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response to Plaintiff's Motion to Compel (ECF No. 190) and to Their Motion to Compel (ECF No. 192) per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order) (Perez, Lorayne) (Entered: 04/26/2024)
04/25/2024    193
RESPONSE in Opposition re 186 Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 5/2/2024. (Attachments: # 1 Exhibit Exhibit A - Seal, # 2 Exhibit Exhibit B 2020-08-05 Expedia's Resp to P's 1st RFA, # 3 Exhibit Exhibit C - Seal, # 4 Exhibit Exhibit D - Seal, # 5 Exhibit Exhibit E 2020-06-26 1st RFP to Expedia, # 6 Exhibit Exhibit F 2020-06-26 1st ROGs to Expedia, # 7 Exhibit Exhibit G 2020-06-26 1st RFA to Expedia, # 8 Exhibit Exhibit H 2020-08-05 Expedia's Resp to P's 1st RFP, # 9 Exhibit Exhibit I 2020-08-05 Expedia's Obj to P's 1st ROGs, # 10 Exhibit Exhibit J 2024-03-14 Expedia Defs Resps and Objs to 3rd RFP, # 11 Exhibit Exhibit K 2024-02-28 P's NOD for Expedia Corp Rep, # 12 Exhibit Exhibit L 2024-03-04 Expedia-Echevarria (Iberostar) - Expedia Entities Objs and Resps to 30(b)(6) Notice, # 13 Exhibit Exhibit M - Seal, # 14 Exhibit Exhibit N - Seal)(Perez, Lorayne) (Entered: 04/25/2024)
04/24/2024    192
Defendant's MOTION to Compel Compliance with Non-Party Subpoenas and Production of Responsive Documents in Plaintiff's Possession by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 5/8/2024. (Attachments: # 1 Exhibit Exhibit A 2023-03-13 P's Supp Rule 26a1 Disclosures, # 2 Exhibit Exhibit B 2024-03-19 Iberostar - Enrique Reboredo Subpoena, # 3 Exhibit Exhibit C SEALED, # 4 Exhibit Exhibit D 2024-01-25 Email, # 5 Exhibit Exhibit E 2024-03-14 Email, # 6 Exhibit Exhibit F SEALED, # 7 Exhibit Exhibit G 2024-01-08 Email, # 8 Exhibit Exhibit H Davis, Carmen 022224 Full Size, # 9 Exhibit Exhibit I 2023-03-13 P's 3rd Amended Responses to 1st ROGs)(Perez, Lorayne) (Entered: 04/24/2024)
04/22/2024    191
REPLY to Response to Motion re 177 MOTION to Compel To provide better responses to second request for production. filed by Mario Echevarria. (Rivero, Andres) (Entered: 04/22/2024)
04/15/2024    190
RESPONSE in Opposition re 177 MOTION to Compel To provide better responses to second request for production. filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 4/22/2024. (Attachments: # 1 Exhibit EXHIBIT A - EE-ECH2_00000004, # 2 Exhibit EXHIBIT B - EE-ECH2_00000043, # 3 Exhibit EXHIBIT C - proposed Sealed Exhibit)(Perez, Lorayne) (Entered: 04/15/2024)
04/12/2024    189     Clerk's Notice to Filer re 187 Response in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#188]. It is not necessary to refile this document. (ls) (Entered: 04/12/2024)
04/11/2024    188     REPLY to Response to Motion re 169 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (ls)(See Image at DE #187) (Entered: 04/12/2024)
04/11/2024    187
RESPONSE in Support re 169 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Perez, Lorayne) (Entered: 04/11/2024)
04/11/2024    186
Plaintiff's MOTION to Compel Better Discovery Responses and Better Corporate Representatives by Mario Echevarria. Responses due by 4/25/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivero, Andres) (Entered: 04/11/2024)
04/10/2024    185
Plaintiff's REPLY to Response to Motion re 166 Plaintiff's MOTION to Certify Class filed by Mario Echevarria. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rivero, Andres) (Entered: 04/10/2024)
04/10/2024    184
Plaintiff's MOTION for Leave to File Under Seal Exhibits to the Reply in Support of his Motion for Partial Class Certification by Mario Echevarria. (Attachments: # 1 Exhibit 1)(Rivero, Andres) (Entered: 04/10/2024)
04/09/2024    183
MOTION for Leave to File Excess Pages by Mario Echevarria. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 04/09/2024)
04/05/2024    182
Unopposed MOTION for Extension of Time TO FILE REPLY IN SUPPORT OF MOTION FOR PARTIAL CLASS CERTIFICATION re 166 Plaintiff's MOTION to Certify Class by Mario Echevarria. Responses due by 4/19/2024. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rivero, Andres) (Entered: 04/05/2024)
04/04/2024    181
Defendant's MOTION to Seal Certain Exhibits in Support of Their Response to Plaintiff's Motion for Partial Class Certification per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order on Motion to File Under Seal) (Perez, Lorayne) (Entered: 04/04/2024)
04/04/2024    180
REPLY to Response to Motion re 162 Plaintiff's MOTION to Compel Discovery responses filed by Mario Echevarria. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rivero, Andres) (Entered: 04/04/2024)
04/04/2024    179
RESPONSE to Motion re 169 Defendant's MOTION to Compel Terms of Settlement with Booking Entities filed by Mario Echevarria. Replies due by 4/11/2024. (Rivero, Andres) (Entered: 04/04/2024)
04/03/2024    178
RESPONSE in Opposition re 166 Plaintiff's MOTION to Certify Class filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 4/10/2024. (Attachments: # 1 Exhibit Exhibit A - Aravind Declaration, # 2 Exhibit Exhibit B - to be filed under seal, # 3 Exhibit Exhibit C - EE-ECH2_00000003 and 00000004, # 4 Exhibit Exhibit D - to be filed under seal, # 5 Exhibit Exhibit E - to be filed under seal, # 6 Exhibit Exhibit F - EE-ECH2_00000043, # 7 Exhibit Exhibit G - Coucke Excerpts, # 8 Exhibit Exhibit H - Echevarria, Mario Excerpts, # 9 Exhibit Exhibit I - Echevarria, Esther Excerpts, # 10 Exhibit Exhibit J - 2024-02-14 [Echevarria (Iberostar)] Ambar Diaz Report - Copy, # 11 Exhibit Exhibit K - PLAINTIFF PROD_000136, # 12 Exhibit Exhibit L - Angulo Declaration, # 13 Exhibit Exhibit M - to be filed under seal, # 14 Exhibit Exhibit N - to be filed under seal, # 15 Exhibit Exhibit O - to be filed under seal)(Perez, Lorayne) (Entered: 04/03/2024)
04/01/2024    177
MOTION to Compel To provide better responses to second request for production. by Mario Echevarria. Responses due by 4/15/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivero, Andres) (Entered: 04/01/2024)
04/01/2024    176
ORDER OF CONTINUANCE AND ORDER REVISING PRETRIAL DEADLINES. Jury Trial is set for the two-week period commencing 10/21/2024 before Judge Federico A. Moreno. Calendar Call is set for 10/15/2024 at 02:00 PM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 4/1/2024. See attached document for full details. (jl00) (Entered: 04/01/2024)
03/29/2024    175
Defendant's MOTION to Seal Certain Exhibits in Support of their Responses in Opposition to Plaintiff's Motion for Continuance and to Plaintiff's Motion to Compel per Local Rule 5.4 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Text of Proposed Order proposed Order granting Defendants' Motion for Leave to File Under Seal Certain Exhibits) (Perez, Lorayne) (Entered: 03/29/2024)
03/29/2024    174
RESPONSE TO ORDER TO SHOW CAUSE re 167 Order to Show Cause, by Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, Orbitz, LLC. (Perez, Lorayne) (Entered: 03/29/2024)
03/28/2024    173
RESPONSE to Motion re 162 Plaintiff's MOTION to Compel Discovery responses filed by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 4/4/2024. (Attachments: # 1 Exhibit A -Proposed Sealed Doc, # 2 Exhibit Exhibit B 2020-08-05 Expedia's Resp to P's 1st RFA, # 3 Exhibit Exhibit C 2020-08-05 Hotels GP & LP's Resp to P's 1st RFA, # 4 Exhibit Exhibit D 2020-08-05 Orbitz's Obj to P's 1st RFA, # 5 Exhibit E - Proposed Sealed Doc, # 6 Exhibit F - Proposed Sealed Doc, # 7 Exhibit Exhibit G 2020-06-26 1st RFP to Expedia, # 8 Exhibit Exhibit H 2020-06-26 1st ROGs to Expedia, # 9 Exhibit Exhibit I 2020-06-26 1st RFA to Expedia, # 10 Exhibit Exhibit J 2020-08-05 Expedia's Resp to P's 1st RFP, # 11 Exhibit Exhibit K 2020-08-05 Expedia's Obj to P's 1st ROGs, # 12 Exhibit Exhibit L 2024-01-29 Email re Productions, # 13 Exhibit M - Proposed Sealed Doc, # 14 Exhibit N - Proposed Sealed Doc, # 15 Exhibit O - Proposed Sealed Doc, # 16 Exhibit P - Proposed Sealed Doc, # 17 Exhibit Exhibit R Nov 30 2023 Email, # 18 Exhibit Exhibit S Pages from Echevarria, Julio 032624 Full Size, # 19 Exhibit Exhibit T 2024-02-28 P's NOD for Expedia Corp Rep, # 20 Exhibit Exhibit U Pages from Ruth Barker CORRECTED 030624 FULL PDFA, # 21 Exhibit Exhibit V 2024-03-04 Expedia-Echevarria (Iberostar) - Expedia Entities Objs and Resps to 30(b)(6) Notice, # 22 Exhibit Exhibit W Pages from Echevarria, Esther 022324 Full Size, # 23 Exhibit Exhibit X 2024-03-19 Expedia-Echevarria (Iberostar) - Expedia Entities Amd 30(b)(6) Objs and Resps to 30(b)(6) Notice)(Perez, Lorayne) (Entered: 03/28/2024)
03/28/2024    172
RESPONSE in Opposition re 163 Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date filed by Expedia Group, Inc., Expedia Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Replies due by 4/4/2024. (Attachments: # 1 Exhibit EXHIBIT A - proposed Sealed Exhibit, # 2 Exhibit EXHIBIT B - proposed Sealed Exhibit, # 3 Exhibit EXHIBIT C - proposed Sealed Exhibit, # 4 Exhibit Exhibit D 2020-08-05 Expedia's Resp to P's 1st RFA, # 5 Exhibit Exhibit E 2020-08-05 Hotels GP & LP's Resp to P's 1st RFA, # 6 Exhibit Exhibit F 2020-08-05 Orbitz's Obj to P's 1st RFA, # 7 Exhibit Exhibit G 2020-06-26 1st RFP to Expedia, # 8 Exhibit Exhibit H 2020-06-26 1st ROGs to Expedia, # 9 Exhibit Exhibit I 2020-06-26 1st RFA to Expedia, # 10 Exhibit Exhibit J 2020-08-05 Expedia's Resp to P's 1st RFP, # 11 Exhibit Exhibit K 2020-08-05 Expedia's Obj to P's 1st ROGs, # 12 Exhibit Exhibit L 2024-01-29 Email re Productions)(Perez, Lorayne) (Entered: 03/28/2024)
03/26/2024    171
RESPONSE TO ORDER TO SHOW CAUSE re 167 Order to Show Cause, by Mario Echevarria. (Rivero, Andres) (Entered: 03/26/2024)
03/25/2024    170     PAPERLESS ORDER granting 168 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Santosh Aravind. Esq. of the law firm Scott Douglass & McConnico, LLP. Signed by Judge Federico A. Moreno on 3/25/2024. (mmd) (Entered: 03/25/2024)
03/21/2024    169
Defendant's MOTION to Compel Terms of Settlement with Booking Entities by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 4/4/2024. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Text of Proposed Order proposed Order)(Perez, Lorayne) (Entered: 03/21/2024)
03/20/2024    168
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Santosh Aravind. Filing Fee $ 200.00 Receipt # AFLSDC-17384381 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 4/3/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 03/20/2024)
03/20/2024    167
ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DISMISS THIS CASE AND GRANT LEAVE TO AMEND COMPLAINT AND ANSWER IN CASE NO. 19-22620-CIV-MORENO TO INCLUDE THIS CAUSE OF ACTION. Show Cause Response due by 3/29/2024. Signed by Judge Federico A. Moreno on 3/20/2024. See attached document for full details. (mmd) (Entered: 03/20/2024)
03/20/2024    166
Plaintiff's MOTION to Certify Class by Mario Echevarria. Responses due by 4/3/2024. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29)(Rivero, Andres) (Entered: 03/20/2024)
03/15/2024    165
Defendant's NOTICE of Opposition to Plaintiff's Motion for Continuance and Intent to File a Response by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC re 163 Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date (Perez, Lorayne) (Entered: 03/15/2024)
03/15/2024    164
Plaintiff's MOTION for Leave to File Under Seal Exhibits in Support of His Motion for Partial Class Certification by Mario Echevarria. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/15/2024)
03/14/2024    163
Plaintiff's MOTION to Continue Pretrial Deadlines and Trial Date by Mario Echevarria. Responses due by 3/28/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) (Entered: 03/14/2024)
03/14/2024    162
Plaintiff's MOTION to Compel Discovery responses by Mario Echevarria. Responses due by 3/28/2024. (Attachments: # 1 Exhibit A)(Rivero, Andres) (Entered: 03/14/2024)
02/27/2024    161     PAPERLESS ORDER granting 160 Joint Motion for Entry of Privilege Log Protocol. The Court approves the privilege log protocol attached to the parties' joint motion. Signed by Judge Federico A. Moreno on 2/27/2024. (mmd) (Entered: 02/27/2024)
02/23/2024    160
Joint MOTION for Entry of Privilege Log Protocol by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. (Attachments: # 1 Exhibit Stipulated Privilege Log Protocol)(Perez, Lorayne) (Entered: 02/23/2024)
02/15/2024    159
ORDER granting 158 Joint Motion to Modify Scheduling Order. Trial remains set for the two-week period starting July 15, 2024. Signed by Judge Federico A. Moreno on 2/15/2024. See attached document for full details. (mmd) (Entered: 02/15/2024)
02/01/2024    158
Joint MOTION to Modify Scheduling Order re 155 Order on Motion to Amend/Correct Scheduling Order by Mario Echevarria. Responses due by 2/15/2024. (Attachments: # 1 Text of Proposed Order)(Rivero, Andres) Modified text on 2/2/2024 (kpe). (Entered: 02/01/2024)
01/30/2024    157     PAPERLESS ORDER granting 156 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Jahnke, Esq. of the law firm of Scott Douglass & McConnico, LLP for appearance as co-counsel for Defendants Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, LLC, and Orbitz, LLC. Signed by Judge Federico A. Moreno on 1/30/2024. (mmd) (Entered: 01/30/2024)
01/26/2024    156
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Jahnke. Filing Fee $ 200.00 Receipt # AFLSDC-17246171 by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 2/9/2024. (Attachments: # 1 Text of Proposed Order proposed Order granting Pro Hac Vice)(Perez, Lorayne) (Entered: 01/26/2024)
01/24/2024    155
ORDER granting 153 Joint Motion to Modify Scheduling Order. Trial remains set for the two-week period starting July 15, 2024. Signed by Judge Federico A. Moreno on 1/23/2024. See attached document for full details. (mmd) (Entered: 01/24/2024)
01/23/2024    154
FINAL ORDER OF DISMISSAL as to Booking Holdings Inc. and Booking.Com.B.V. Signed by Judge Federico A. Moreno on 1/22/2024. See attached document for full details. (mmd) (Entered: 01/23/2024)
01/17/2024    153
Joint MOTION to Amend/Correct 145 Scheduling Order,, Modify Scheduling Order by Expedia Group, Inc., Hotels.com GP, Hotels.com L.P., Orbitz, LLC. Responses due by 1/31/2024. (Perez, Lorayne) (Entered: 01/17/2024)
12/28/2023    152
STIPULATION of Dismissal Stipulation of Partial Voluntary Dismissal by Mario Echevarria, and Booking.com B.V. and Booking Holdings Inc. by Mario Echevarria (Rivero, Andres) (Entered: 12/28/2023)

MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC.  Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22619 Southern Florida District; 20-12407 11th Circuit Court of Appeals; Dismissed (11/27/23)]

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

LINK: JOINT MOTION FOR PARTIAL DISMISSAL (1/19/24)

12/28/2023     31  
8 pg, 208.08 KB    MOTION to voluntarily dismiss appeal filed by Mario Del Valle and Enrique Falla. Motion is Unopposed. [31] [23-12966] (ECF: Andres Rivero) [Entered: 12/28/2023 03:42 PM]
12/28/2023     32  
8 pg, 185.5 KB    MOTION to withdraw as counsel filed by Attorney Andres Rivero for Appellants Mario Del Valle, Enrique Falla and Angelo Pou. Motion is Unopposed [32] [23-12966] (ECF: Andres Rivero) [Entered: 12/28/2023 04:20 PM]
01/11/2024     33  
2 pg, 24.45 KB    ORDER: The motion to withdraw as counsel filed by Attorneys Andrés Rivero, Ana C. Malave, Alan H. Rolnick, Jorge Alejandro Mestre, Brandon Cruz, and Sylmarie Trujillo, of the law firm Rivero Mestre LLP, (together, “Rivero Mestre”) for the Appellant Angelo Pou is GRANTED. [32] BCG (See attached order for complete text) [Entered: 01/11/2024 12:50 PM]
01/17/2024     34  
69 pg, 459.27 KB    Appellees' Joint Brief filed by Appellees Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC, Booking.com B.V., and Booking Holdings, Inc. [23-12966] (ECF: David Shank) [Entered: 01/17/2024 04:41 PM]
01/19/2024     35  
3 pg, 112.67 KB    ORDER: The “Joint Motion for Partial Dismissal of Appellants Mario Del Valle and Enrique Falla,” requesting that Appellants Del Valle’s and Falla’s appeal as to Appellees Booking.com B.V., Booking Holdings Inc.’s (collectively, the “Booking Appellees”) be dismissed due to settlement, with the parties to bear their own attorney’s fees and costs, is GRANTED. The motion does not affect Appellant Angelo Pou’s appeal as to all Appellees and does not affect Del Valle’s and Falla’s appeal as to remaining Appellees Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, LLC, and Orbitz, LLC’s (collectively, the “Expedia Appellees”). [31] KCN and ALB (See attached order for complete text) [Entered: 01/19/2024 01:09 PM]
01/22/2024     36      Received 4 paper copies of EBrief, filed by Appellees Expedia Group, Inc., Hotels.com GP, LLC, Hotels.com L.P., Orbitz, LLC, Booking.com B.V., and Booking Holdings, Inc.. [Entered: 01/23/2024 02:32 PM]
01/24/2024     37  
288 pg, 8.86 MB    Supplemental Appendix [2 VOLUMES] filed by Appellees Expedia Group, Inc., Hotels.com GP, LLC and Hotels.com L.P.. [23-12966] (ECF: David Shank) [Entered: 01/24/2024 03:08 PM]
01/25/2024     38      Received paper copies of EAppendix filed by Appellees Expedia Group, Inc., Hotels.com GP, LLC and Hotels.com L.P.. 2 VOLUMES - 2 COPIES [Entered: 01/29/2024 11:43 AM]
02/07/2024     39  
41 pg, 382.38 KB    Reply Brief filed by Appellants Mario Del Valle and Enrique Falla. [23-12966] (ECF: Andres Rivero) [Entered: 02/07/2024 05:05 PM]
02/12/2024     40      Received 4 paper copies of EBrief, filed by Appellants Mario Del Valle and Enrique Falla. [Entered: 02/13/2024 03:07 PM]

Date Filed    #    Docket Text
11/27/2023    142     Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 138 Notice of Appeal, Appeal No. 23-12966-J. The entire record on appeal is available electronically. (apz) (Entered: 11/27/2023)
10/02/2023    141
WRIT OF CERTIORARI DENIED by US Supreme Court re 72 Notice of Appeal, filed by Enrique Falla, Angelo Pou, Mario Del Valle. USCA #20-12407-DD (jgo) (Entered: 10/10/2023)

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].  Settlement: 23 June 2021 with plaintiffs and defendants bearing its own fees and costs.

Berliner Corcoran & Rowe LLP (plaintiff)
Roig Lawyers (plaintiff)
Fields PLLC (plaintiff)
Roig, Tutan, Rosenberg, Martin & Bellido (plaintiff)
Wilkie, Farr & Gallagher (defendant)

LINK: ORDER CLOSING VASE AND DISMISSING WITH PREJUDICE (6/23/21)

Date Filed    #    Docket Text
06/24/2021    46
ORDER CLOSING CASE AND DISMISSING WITH PREJUDICE. Closing Case. Signed by Judge Aileen M. Cannon on 6/23/2021. See attached document for full details. (mee) (Entered: 06/25/2021)
06/22/2021    45
STIPULATION of Dismissal Joint Stipulation for Voluntary Dismissal with Prejudice by Elaine Y Alexander, Edward A Claflin, Patricia M Claflin, William H Claflin, Estate of Anne C Allen, Estate of Helen C Spring, Estate of John W Weeks, Estate of Prentice W Claflin, Josephine C Horan, Helen S Montero, Martha W Sinclair, John K Spring, Susan K Spring, William C Spring, David C Weeks, John W Weeks, Katharine C Weeks, Robert F Weeks, Sinclair Weeks, Stephen D Weeks, Katharine W White, David G. Witter, Dean Witter, Helen C Witter, Malcolm G Witter (Bellido, Nelson) (Entered: 06/22/2021)
06/21/2021    44     PAPERLESS ORDER striking 43 Plaintiffs' Stipulation of Dismissal With Prejudice. The Stipulation was not jointly signed by all parties who have appeared. On or before June 24, 2021, the parties either shall refile a Joint Stipulation of Dismissal that is signed by all parties who have appeared, or Plaintiffs shall file a Notice of Voluntary Dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Signed by Judge Aileen M. Cannon on 6/21/2021. (jrt) (Entered: 06/21/2021)
06/18/2021    43
(STRICKEN PER DE#44)STIPULATION of Dismissal with Prejudice by Elaine Y Alexander, Edward A Claflin, Patricia M Claflin, William H Claflin, Estate of Anne C Allen, Estate of Helen C Spring, Estate of John W Weeks, Estate of Prentice W Claflin, Josephine C Horan, Helen S Montero, Martha W Sinclair, John K Spring, Susan K Spring, William C Spring, David C Weeks, John W Weeks, Katharine C Weeks, Robert F Weeks, Sinclair Weeks, Stephen D Weeks, Katharine W White, David G. Witter, Dean Witter, Helen C Witter, Malcolm G Witter (Attachments: # 1 Text of Proposed Order)(Bellido, Nelson)Text Modified on 6/22/2021 (cqs). (Entered: 06/18/2021)

10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations

10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba.   

OFAC License Has A Term Of Two Years And Expires Soon.  Renewal Has Been Requested. 

10 May 2024 Marked Another Anniversary Of The Failure Of The Government Of The Republic Of Cuba To Issue Regulations Authorizing Investment And Financing Into A Private Company In Cuba… And The Delay Impacts All Countries, Not Only The United States. 

On 10 May 2022, the Biden-Harris Administration (2021- ), after an eleven-month inter-agency review process, directed the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury to issue the first license to a United States-based entity to deliver to the Republic of Cuba a direct investment in and provide direct financing to a Micro, small, and medium-sized enterprise (MSME) also known as a PYME (pequeñas y medianas empresas).  The OFAC license was valid for two years with an expiration date of 31 May 2024. 

The government of the Republic of Cuba reports more than 10,000 registered PYMEs in the Republic of Cuba, including some Republic of Cuba government-operated companies which have transformed into PYMEs.   

• With U.S. Government Authorization For First Direct Equity Investment Into A Private Company In Cuba, Here Is Important Context And Details.  About The Parties; About The Message. May 16, 2022      

• Biden-Harris Administration Approves First Equity Investment Since 1960 In A Private Cuban Company May 10, 2022   

• Biden Administration Will Use Cuba's Authorization Of SMSE's As Means To Expand Support For Cuba Private Sector- U.S. Investments And Loans May Be Next June 02, 2021    

The Biden-Harris Administration has also authorized the Bureau of Industry and Security (BIS) of the United States Department of Commerce to issue licenses to export vehicles (electric, hybrid, gasoline, diesel), motorcycles (electric, hybrid, gasoline, diesel), and scooters (electric, hybrid, gasoline, diesel) to MSMEs and to Republic of Cuba nationals. 

• Ten Months After Denial, Biden-Harris Administration Approves Exports Of Electric Motorcycles, Electric Scooters To Cuba Nationals And To Privately-Owned Companies In CubaOctober 05, 2022 

• First Tesla Model Y Vehicle Authorized By Biden-Harris Administration Scheduled For Delivery To A Cuban National. Maryland-Based Company Received First BIS License. November 30, 2023 

The Biden-Harris Administration has also authorized the OFAC and BIS to issue licenses, and to use general license procedures to encourage product and service engagement with MSMEs.  Since 2022, there has been a substantial increase in the export of agricultural commodities and food products from the United States to MSMEs along with a substantial increase in machinery and other products whereby MSMEs are assembling, manufacturing, and producing products for sale within the Republic of Cuba and for export from the Republic of Cuba. 

• List Of Every Product Exported From U.S. To Cuba In 2023. U.S. Ag Commodity/Food Exports Up 4.2%- Including US$5.4 Million In Coffee. US$24 Million To MSMEs Including US$8 Million In Vehicles. Feb 13, 2024   

Despite statements by officials of the government of the Republic of Cuba, the Biden-Harris Administration has provided substantive opportunities for individuals subject to United States jurisdiction and United States-based companies to re-engage and to engage with the re-emerging private sector within the Republic of Cuba.   

These opportunities are demonstrated resumption of some decisions taken during the Obama-Biden Administration (2009-2017), changes to some decisions taken during the Trump-Pence Administration (2017-2021), reversing one of its own licensing decisions (relating to the export of vehicles from the United States to the Republic of Cuba), issuing precedent-setting licenses from the OFAC and BIS, and expanding interpretive guidance for licensing (specific and general).  

The robustness and usefulness of these opportunities remain constrained due to the inability of the Biden-Harris Administration to better appreciate the needs of a re-emerging private sector in the Republic of Cuba and the needs of the private sector in the United States required to fulsomely engage with the re-emerging private sector in the Republic of Cuba.   

The opportunities are also constrained because the government of the Republic of Cuba refuses- now for more than three years, to institutionalize, meaning issue easy-to-use (meaning two-page document submitted to a bank in the Republic of Cuba) regulations authorizing a MSME to receive direct investment and direct financing from outside of the Republic of Cuba.   

The Biden-Harris Administration and Diaz-Canel-Valdes Mesa Administration have jointly adopted portions of the playbook from the Obama-Biden Administration which were the catalyst for enabling the carpet roll-up decisions by the Trump-Pence Administration.  There are two decisions which are the most important- thus most egregious. 

First, the government of the Republic of Cuba not yet publishing the regulations for a MSME to accept direct investment and direct financing from outside of the Republic of Cuba.  Two years and an MSME remains unable to cost-effectively, efficiently, officially, securely, and transparently receive a direct investment or receive legally direct financing from the United States- or from any country.  A MSME can (and many do) continue to receive funds unofficially- meaning in violation of laws, policies, and regulations in the Republic of Cuba and potentially in violation of regulations in place by the BIS and OFAC.  Until the government of the Republic of Cuba publishes regulations, interest by individuals subject to United States jurisdiction and United States-based companies will remain constrained, stunted, commercially constipated absent legal frameworks.  Why the delay by the government of the Republic of Cuba?  One theory is with the issuance of laws, policies, and regulations the process becomes institutionalized and thus more challenging to alter, criminalize, or rescind.  

• Russian Foreign Minister Lavrov Today Visits Cuba.  By Focusing Upon Expanding MSMEs, He Can Help Russia Make Money- And Help United States Capital Support MSMEs. Not A Perfect Alliance. Feb 18, 2024   

Second, the Biden-Harris Administration continually and inexplicably continues to grasp how requiring funds to be sent from the United States to the Republic of Cuba through a third country and requiring funds to be sent from the Republic of Cuba to the United States through a third country is detrimental to creating an efficient, normal, predictable, secure, and transparent commercial landscape.  When a United States-based investor or United States-based company learns from the OFAC and BIS that to be paid- whether for an investment, loan, product, or service, particularly when the values are small, a third-country financial institution must be engaged- and must receive a fee, the thermometer of interest will quickly plunge from warm to freezing.  There must be direct correspondent banking. 

• State Department, NSC, OFAC, BIS, USDA Don't Understand Requirements For Financial Plumbing To Function Efficiently.  They Excel In Creating, Maintaining, And Defending Clogs. May 16, 2023  

United States-based exporters increasingly report Republic of Cuba-based customers are seeking to finance purchases, particularly for durables, such as equipment and vehicles.  For a commercial environment which includes the ability of customers to finance a purchase, the value of that commercial market increases exponentially.  

However, the transaction costs are prohibitive when the amount of the payment (for example, monthly) is small- consider US$100.00.  As currently structured by the Biden-Harris Administration, that US$100.00 would need to originate with a Republic of Cuba-based financial institution.  Next, travel to a third-country-based financial institution.  Then travel from that third-country-based financial institution to the United States-based financial institution and into the account of the United States-based exporter.  The transaction fees for the three financial institutions involved in that US$100.00 transfer could be near, at, or more than the value of the US$100.00 transfer.   

Denver, Colorado-based Western Union Company (2023 revenue US$4.36 billion) does manage electronic remittance transfers from the United States to the Republic of Cuba.  However, the company does not permit commercial transfers.  Essential for the BIS, OFAC, and United States Department of State to create, until the preferred process of direct correspondent banking is authorized, a workable compliance regime within which Western Union would then process commercial transfers from the United States to the Republic of Cuba and from the Republic of Cuba to the United States.  The use of Western Union for commercial transactions is NOT a viable replacement for direct correspondent banking as Western Union transaction costs can be substantially higher. 

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

LINKS To Related Analyses 

Cuba Government Extols Role Of Private Companies- Now 13% Of Official GDP And 8% Of Imports. But, Three Years In And No Authorization For Investment And Financing. Why So Scared? Apr 19, 2024

U.S. To Cuba Exports Increased 10.6% In February. Up 27% Year-To-Year. Products Included Cigarettes, Tea, Apples, Construction Vehicles, Passenger Vehicles & Parts, Confectionery Machines. Apr 8, 2024

Academics Wrong, NGO’s Wrong.  Don’t Blame Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration For New Cuba Law. Commercial Malpractice- Easy Carpet Roll-Up Apr 6, 2024

Miel Factory In France Unveils New Cuba Honey Harvest- 7 EUR For 250 Grams Mar 20, 2024

OFAC Fines Switzerland-Based Company US$3,740,442.00 For Sanctions Violations, Including For Cuba. Potential Fine Was US$276,441,312.00 Mar 14, 2024

Time For A CRL/BOR List For MSME’s (PYMEs) In Cuba To Provide Confidence And Protection To United States Companies, Entrepreneurs, Financial Institutions, Sources Of Capital, And Suppliers. Mar 13, 2024  

Cuba’s Largest Source Of Tourists Issues Damaging Travel Advice To Its Citizens

Cuba’s Largest Source Of Tourists Issues Damaging Travel Advice 

Excerpts From 6 May 2024 “Cuba Travel Advice” Issued By Government Of Canada 

From the government of the Republic of Cuba: The primary sources of tourists in 2023 were “Canada (936,436 visitors), Cubans residing in other countries (358,481), Russia (184,819), the United States (159,032), Spain (89,285) and Germany (69,475).” 

“Theft from hotel rooms, particularly in private accommodations (casas particulares), and from cars is common.  Never leave belongings unattended in a vehicle, even in the trunk. 

Some businesses may try to charge exorbitant prices, namely taxis and classic car rentals. Disputes about overcharging may lead to violence. 

Some hustlers specialize in defrauding tourists. Most of them speak some English or French and go out of their way to appear friendly. They may offer to serve as tour guides or to facilitate the purchase of cigars. Some have used violence in their efforts to steal tourists. 

Fraudulent tour agents and taxi drivers also operate throughout the country, including at Havana’s international airport. Thefts of luggage from taxi trunks have occurred. 

In bars, sex workers, including minors, may be very persistent and intrusive with tourists who refuse their advances. Foreigners, including Canadians, have been the victim of theft after engaging in sexual relations, and some of them have faced child sex accusations.   

Cuba faces chronic and severe shortages of ‎basic necessities, including: food, bottled water, public water supply, medication, fuel, hard-currency.

Fuel shortages are currently critical and affect a wide range of services. Travelling across the island is extremely challenging. Public transportation services, including taxis, are often disrupted, leaving tourists with few options to travel. Some travellers have been temporarily stranded with a rental car. Intermittent shortages of tap water provided by municipalities happen, including in Havana and in resorts. 

Hotels and resorts, that often use generators during power outages, may not be able to maintain their services. Fuel shortages may also affect government services. 

Local authorities enforce the rationing of food and medications, which could also affect travellers.

Shortages may lead to disruptions to other essential services. There are often long line-ups at gas stations that have led to altercations. 

Women travelling alone may be subject to some forms of sexual harassment.  Incidents of sexual assault against Canadian women have occurred, including at beach resorts. 

The telecommunications network in Cuba is poor. Connections are unreliable and may be intermittent.  Some Canadian cell phones may not work, even in large cities. Internet access is limited across the island.” 

LINK: https://travel.gc.ca/destinations/cuba

Western Union Resumes Services To Cuba. Continues Prohibition For Commercial Use.

10 May 2024: DENVER–(BUSINESS WIRE)–Western Union, in coordination with its processing partner Orbit S.A., today announced the resumption of its service from the United States to Cuba, effective immediately.

With service reinstated, Western Union customers are now once again able to send money from any U.S. retail location, WesternUnion.com or the Western mobile app to close family in Cuba with bank and debit card accounts at the following banks in Cuba: Banco Popular de Ahorro, Banco Metropolitano S.A. and Banco de Credito y Comercio (Bandec).

“We understand our service is a crucial connection between those living in the U.S. and their family living in Cuba,” said Rodrigo Garcia Estebarena, President, Western Union North America and Latin America. “We are pleased to resume service to this vital corridor and provide essential money transfer services to those living on the island.”

Service Details

• Funds can be received into bank accounts and debit cards only. Service is limited to consumer money transfers only. United States customers can remit up to USD 2,000.00 per transaction by presenting valid government-issued identification.

• Money will be available for receipt the same day, including weekends and holidays.

• Service is available to receivers with Carnet de Identidad IDs and bank and/or debit card accounts at the following banks in Cuba: Banco Popular de Ahorro, Banco Metropolitano S.A. and Banco de Credito y Comercio (Bandec).

• Deposits to Freely Convertible Currency (MLC) accounts are available in U.S. dollars only.

About Western Union

The Western Union Company (NYSE: WU) is committed to helping people around the world who aspire to build financial futures for themselves, their loved ones, and their communities. Our leading cross-border, cross-currency money movement, payments and digital financial services empower consumers, businesses, financial institutions, and governments—across more than 200 countries and territories and in nearly 130 currencies—to connect with billions of bank accounts, millions of digital wallets and cards, and a global footprint of hundreds of thousands of retail locations. Our goal is to offer accessible financial services that help people and communities prosper. For more information, visit www.westernunion.com.

Cuba Received More Than US$20 Million In New And Used Vehicles (Including Motorcycles), Gas And Electric, And Parts, From The U.S. In Last Fifteen Months.

Vehicle Exports From The United States To The Republic Of Cuba

2024
(January through March)

Item/U.S. Dollar Value
Public-trnsprt Typ Pasgnr Veh, Only Electric Motor- 37,000.00
Pass Mtr Veh, Only Spark Ign Eng, Not Ov 1,000 cc- 11,920.00
Vehicles,nesoi,new,eng (1500 - 3000 cc) Le 4cyl- 27,400.00
Used Vehicles, Only Sk Ig (1500-3000 cc)- 13,575,731.00
Pass Veh,only Spk Ign >6 Cyl,>3000cc, New- 109,500.00
Pass Mtr Veh, Only Spark Ign, Gt 3000 cc, Used- 295,218.00
Passenger Motor Vehicles Only Electrc Moto- 55,400.00
Truck, Diesel Eng, Gvw (5 - 9 Metric Tons)- 15,000.00
Mot Veh For Trnsprt Of Goods, Gvw < 2.5 Met Tons- 88,280.00
Mot Veh For Trnsprt Of Goods, (2.5-5) Metric Tons- 32,000.00
Mot Veh For Trnsprt Of Goods, (5-9) Metric Tons- 23,100.00
Trucks Gvw Lt=5 Tons W/ Diesel Eng And Elec Motor- 37,500.00
Trucks Gvw Gt 20 Tons W/ Diesel Eng And Elec Motor- 123,300.00
Trucks/vehicles For The Transport Of Goods- 89,679.00
Special Purpose Vehicles- 184,927.00
Stampings Of Bumpers And Parts- 2,881.00
Brakes And Servo-brakes, parts- 3,066.00
Non-driving Axles And Parts For Tractors- 2,620.00
Road Wheels And Prts For Veh- 30,760.00
Works Trucks, Exc Elec, Operator Ride,w/o Lift Eqp- 12,500.00
Parts, Nesoi, Of Motorcycles (kg)- 25,811.00
Trailers And Semi-trailers- 10,000.00

2023
(January through December)

Item/U.S. Dollar Value
Used Tractors, Agrl Use, Pow Exceed 130kw- 147,247.00
Pass Motor Veh, Only Spark Ign Eng, (1000-1500 cc)- 85,735.00
Motor Homes, Only Sprk Ign Eng, (1500-3000 cc)- 186,500.00
Vehicles,nesoi,new,eng (1500 - 3000 cc) Le 4cyl- 357,442.00
Used Vehicles, Only Sk Ig (1500-3000 cc)- 4,994,049.00
Pass Mtr Veh, Only Spark Ign, Gt 3000 cc, Used- 301,114.00
Pass Veh,diesel Eng, Only Comp-ig1500-2500 cc, Used- 36,289.0
Ambulance, Hearse, Only Comp-ig, Diesel, Gt 2500cc- 78,590.00
Pass Veh,spk Ign/elec, Chrg Plug >4<6 Cyl,>3000cc- 50,369.00
Passenger Motor Vehicles- 1,965,572.00
Trucks, Nesoi, Diesel Eng, Gvw 5 Metric Tons & Und- 89,937.00
Truck, Diesel Eng, Gvw Gt 20 Metric Tons- 448,491.00
Mot Veh For Trnsprt Of Goods, (5-9) Metric Tons- 440,400.00
Bodies For Passenger Autos- 78,000.00
Stampings Of Bumpers And Parts- 6,524.00
Pts And Accessories,nesoi,of Bodies Hdg- 3,619.00
Road Wheels And Prts For Veh- 51,800.00
Clutches And Parts For Vehicles- 11,554.00
Parts And Accessories Nesoi,for Tractors- 19,682.00
Parts And Acessories For Vhcls- 217,613.00
Motocycles (incl Mopeds),pist,eng,cyl,not,exc 50cc- 100,000.00
Motorcycles, Cycl,excd 800 cc- 34,000.00
Invalid Carriages, Not Mechanically Propelled- 3,308.00
Trailers And Semi-trailers, Tranprt Goods- 48,000.00
Trailers And Semi-trailers- 41,560.00
Vehicles Not Mechanically Propelled- 7,231.00

LINK TO 2024 AND 2023 U.S.-CUBA VEHICLE EXPORT DATA

98.3% Increase In U.S. Exports To Cuba; Private Sector Accounting For Dynamic Purchases- US$6 Million In Vehicles; Machine Parts. Cuba Continues To Prohibit Foreign Investment/Financing In PYMEs

ECONOMIC EYE ON CUBA©
May 2024

March 2024 Ag/Food Exports To Cuba Increase 98.3% - 1
49th Of 215 March 2024 U.S. Food/Ag Export Markets- 2
Year-To-Year Exports Increase 45.8% - 2
Cuba Ranked 49th Of 215 U.S. Ag/Food Export Markets - 2
March 2024 Healthcare Product Exports US$0.00 - 2
March 2024 Humanitarian Donations US$6,023,284.00 - 3
Obama Administration Initiatives Exports Continue To Increase - 3
U.S. Port Export Data- 19

MARCH 2024 FOOD/AG EXPORTS TO CUBA INCREASE 98.3% - Exports of food products and agricultural commodities from the United States to the Republic of Cuba in March 2024 were US$40,624,058.00 compared to US$20,475,934.00 in March 2023 and US$25,929,536.00 in March 2022. 

LINK TO COMPLETE REPORT IN PDF FORMAT

Other exports in March 2024 included: Yogurt, Eggs, Apples, Spices, White Wheat, Rice, Corn, Olive Oil, Palm Oil, Herring, Beet Sugar, Artificial Honey, Cookies, Beer, Salt, Shampoo, Toothpaste, Soap, Tires, Paper Pulp, Razors, Vacuum Pumps, Machinery, and Vehicles (US$6,276,798.00).

Mach For Preparation Of Fruits, Nuts Or Vegetables US$22,897
Parts Of Mach & Equip F Make Print Blocks, Etc US$41,806
Mixing Or Kneading Mach, Nesoi, For Mineral Substn US$32,304
Crush,grind,screen,sift,emulsfyg,etc  Mach, US$74,160
Machines And Mechanical Appliances, US$38,384
DC Generators, Not Exceeding 750 W, US$26,216
Electric Generating Sets Except Gas Turbines US$64,200
Electric Domestic Appliance Parts, Nesoi US$258,866
Electric Cooking Stoves, Ranges & Ovens, Domestic US$3,594
Elec Cooking Plates, Boil Rings, Grillers, roasters US$18,666
Radar Designed For Boat Or Ship Installation US$49,631
TV Recep App,color,inc Video Rcrdng/reprod App US$18,900
Relays Lt=60 V, & Contacts Lt 10 A, Nesoi US$14,126
Boards Etc 2 Ap Fr 8535&6 El Ctl/dst Lt1000v Nesoi US$3,995
Containers For One Or More Modes Of Transport US$290,350
Public-trnsprt Typ Pasgnr Veh, Only Electric Motor US$37,000
Pass Mtr Veh, Only Spark Ign Eng, Not Ov 1,000 cc US$11,920
Used Vehicles, Only Sk Ig (1500-3000 cc), Nesoi US$5,212,214, US$200,327
Pass Mtr Veh, Only Spark Ign, Gt 3000 cc, Used US$205,532, US$17,000
Passenger Motor Vehicles Only Electrc Motor, Nesoi US$21,400
Truck, Diesel Eng, Gvw (5 - 9 Metric Tons) US$15,000
Mot Veh For Trnsprt Of Goods, Gvw < 2.5 Met Tons US$88,280
Mot Veh For Trnsprt Of Goods, (2.5-5) Metric Tons US$32,000
Mot Veh For Trnsprt Of Goods, (5-9) Metric Tons US$23,100
Trucks Gvw Lt=5 Tons W/ Diesel Eng And Elec Motor US$37,500
Trucks Gvw Gt 20 Tons W/ Diesel Eng And Elec Motor US$123,300
Trucks/vehicles For The Transport Of Goods, Nesoi US$37,087
Special Purpose Vehicles, Nesoi US$118,671
Brakes And Servo-brakes,parts, Of 8701,8705 US$3,066
Non-driving Axles And Parts For Tractors US$2,620
Road Wheels And Prts For Veh Nesoi,of 8701,8705 US$17,960
Works Trucks, Exc Elec, Operator Ride,w/o Lift Eqp US$12,500
Trailers And Semi-trailers, US$10,000

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

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

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA and CDA. The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

January 2024 through March 2024 TSREEA exports were US$112,997,719.00 compared to January 2023 through March 2023 TSREEA exports of US$77,462,731.00.

Total TSREEA exports since first deliveries in December 2001 exceed US$7,359,331,112.00

LINK TO COMPLETE LIST OF PRODUCTS IN 2023 EXPORTED FROM THE UNITED STATES TO CUBA

LINKS TO RELATED ANALYSES

Cuba Government Extols Role Of Private Companies- Now 13% Of Official GDP And 8% Of Imports. But, Three Years In And No Authorization For Investment And Financing. Why So Scared? Apr 19, 2024

Academics Wrong, NGO’s Wrong.  Don’t Blame Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration For New Cuba Law. Commercial Malpractice- Easy Carpet Roll-Up Apr 6, 2024

Time For A CRL/BOR List For MSME’s (PYMEs) In Cuba To Provide Confidence And Protection To United States Companies, Entrepreneurs, Financial Institutions, Sources Of Capital, And Suppliers. Mar 13, 2024

U.S. Department Of State US$400,000.00 “Priority Program” To Support Re-Emerging Private Sector In Cuba; Includes “Shark Tank Style” Recruitment. Does Not Resolve Primary Problem. Mar 9, 2024

Not A Surprise.... Closing Office In Cuba: Spain-Based Banco Bilbao Vizcaya Argentaria S.A. (BBVA) With US$873 Billion In Assets.

ISSN 1682-7511
OFFICIAL GAZETTE OF THE REPUBLIC OF CUBA
MINISTRY OF JUSTICE
EXTRAORDINARY
HAVANA, MONDAY, APRIL 29, 2024 YEAR CXXII

Website: http://www.gacetaoficial.gob.cu/—Calle Zanja No. 352 esquina a Escobar, Centro Habana Telephones: 7878-4435 and 7870-0576
Issue 32

CENTRAL BANK OF CUBA...................................................................................195
Resolution 34/2024 (GOC-2024-270-EX32). ..................................................... 195
Resolution 40/2024 (GOC-2024-271-EX32)...................................................... 196

CENTRAL BANK OF CUBA
GOC-2024-270-EX32
RESOLUTION 34/2024

WHEREAS: By Resolution 57 of August 10, 2000, of the Minister President of the Central Bank of Cuba, a license was granted in favor of Banco Bilbao Vizcaya Argentaria S.A. to open a Representative Office in Cuba, under the name of Banco Bilbao Vizcaya Argentaria S.A. Representative Office.

WHEREAS: Banco Bilbao Vizcaya Argentaria S.A. has notified the Central Bank of Cuba of the decision adopted by the Permanent Delegate Commission, on October 3, 2023, to proceed with the closure of the Representative Office in Havana, consequently, Banco Bilbao Vizcaya Argentaria S.A. has requested the cancellation of the Representation License granted by the aforementioned Resolution 57, of 10 August 2000 of the Central Bank of Cuba.

WHEREAS: Article 101 of Decree-Law 362 "On the Institutions of the Banking and Financial System", of September 14, 2018, establishes the grounds for which the Central Bank of Cuba may cancel the License, including among them, the financial institution's own application.

THEREFORE: In the exercise of the powers and obligations conferred in Article 25, paragraph d) of Decree-Law 361 "Of the Central Bank of Cuba", of September 14, 2018,

RESOLVED

FIRST: To cancel the Representation License issued in favor of Banco Bilbao Vizcaya Argentaria S.A., and consequently, to repeal Resolution 57, of August 10, 2000, of the Minister President of the Central Bank of Cuba.

SECOND: Cancel the registration of the Representative Office of Banco Bilbao Vizcaya S.A. in Havana, in the Registry of Financial Institutions and Non-Financial Entities of the Central Bank of Cuba.

NOTIFY the representative of Banco Bilbao Vizcaya Argentaria S.A. in Cuba. COMMUNICATE to the presidents of the banks, the first vice-president, the vice-presidents, the auditor and the superintendent, all of the Central Bank of Cuba.

BE PUBLISHED in the Official Gazette of the Republic of Cuba. FILE the original with the secretariat of the Central Bank of Cuba.

GIVEN in Havana, on the twenty-fifth day of the month of March, two thousand and twenty-four.

Juana Lilia Delgado Portal
Minister-President

Russia's BCA NOVIKOMBANK, Sanctioned By OFAC, Has Representation License For Office In Cuba

Official Gazette of the Republic
29/04/2024                                                          
GOC-2024-EX32
REPRESENTATION LICENSE

This Representation License is hereby issued (hereinafter referred to as hereinafter License) in favor of BCA NOVIKOMBANK S.A., to establish a representative office in the territory of the Republic of Cuba.

This License authorizes you to:

1. To manage, promote or coordinate the business carried out by its parent company, in freely convertible currency with entities established in the national territory.

2. To manage, promote or coordinate the execution of correspondent agreements between BCA NOVIKOMBANK S.A., Representative Office, and the financial institutions established in the national territory.

BCA NOVIKOMBANK S.A., Representative Office in Havana, Cuba, acts on behalf of its parent company, so it is prohibited to directly carry out active or passive banking or financial operations of any kind in Cuba.

BCA NOVIKOMBANK S.A., Representative Office in Havana, Cuba, provides the Central Bank of Cuba and other corresponding bodies with the data and reports requested for its knowledge or by reason of the inspections carried out, and is obliged to exhibit for examination its books, as well as the documents and other records that may be requested by the officials of the Central Bank of Cuba in the fulfillment of their obligations.

The Central Bank of Cuba may cancel or modify this License at the request of BCA NOVIKOMBANK S.A., or when the provisions of this License, or Decree-Law 362 "On the Institutions of the Banking and Financial System", of September 14, 2018, the provisions of the Central Bank of Cuba or other applicable legal provisions in force, are not complied with.

GIVEN in Havana, on the tenth day of the month of April, two thousand and twenty-four.
 
Juana Lilia Delgado Portal
Minister-President

From Wikipedia:

“Novikombank is a Russian bank specializing in financing of enterprises in the heavy-machinery, automotive, high-tech, oil and gas industry. Novikombank is ranked among the top 40 largest Russian banks. Member of the deposit insurance system.”

“Sanctioned by New Zealand in relation to the 2022 Russian invasion of Ukraine. On 24 February 2022 the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Novikombank under E.O. 14024 for operating or having operated in the financial services sector of the Russian Federation economy. Subsidiary companies were also sanctioned. Sanctioned by the US Department of the Treasury. In December 2023 the United Kingdom subjected the bank to additional sanctions, including a prohibition on correspondent banking relationships on top of an asset freeze.”

LINK TO OFAC SDN NOTIFICATION

Newly-Enacted Foreign Assistance Law Impacts Cuba Transactions For U.S.-Based And Non-U.S.-Based Companies. OFAC Had Five Years. Now Has Ten Years. Another Reason To Avoid Cuba...

Newly-Enacted Foreign Assistance Law Impacts Cuba Transactions For U.S.-Based And Non-U.S.-Based Companies.   

OFAC Had Five Year Statute Of Limitations.  Now Has Ten Years.   

Another Reason For Corporate Counsels To Advise Their CEOs Against Cuba-Related Transactions When Inadvertent Violations Can Be Pursued By The OFAC For An Additional Five-Year Period. 

Amending Trading With The Enemy Act Is All About Cuba.

In the House of Representatives, U. S., April 20, 2024. Resolved, That the House agree to the amendment of the Senate to the bill (H.R. 815) entitled ‘‘An Act to amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes.’’, with the following…

Subtitle B—Other Matters SEC. 3111.  

TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF SANCTIONS. (a) INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.—Section 206 of the International Emergency Eco nomic Powers Act (50 U.S.C. 1705) is amended by adding at the end the following:  

‘‘(d) STATUTE OF LIMITATIONS.—  

‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— ‘‘(A) IN GENERAL.—An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.  

‘‘(B) COMMENCEMENT.—For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.  

‘‘(2) TIME FOR INDICTMENT.—No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.’’. 

(b) TRADING WITH THE ENEMY ACT.—Section 16 of the Trading with the Enemy Act (50 U.S.C. 4315) is amended by adding at the end the following:  

‘‘(d) STATUTE OF LIMITATIONS.—  

‘‘(1) TIME FOR COMMENCING PROCEEDINGS.—  

‘‘(A) IN GENERAL.—An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. 

‘‘(B) COMMENCEMENT.—For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. 

‘‘(2) TIME FOR INDICTMENT.—No person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.’’. 

https://www.congress.gov/bill/118th-congress/house-bill/815/text

Division E, Subtitle B On Page 98.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

What Was Classified For USAID About Spending US$167,872.00 In Firefighting Apparel From Texas-Based KBR For Use In Cuba? 546 Days For An Answer. Not A Helpful Optic For Companies.

It’s Classified?  What Was So Sensitive That USAID Would Publish Photographs Of Boxes, But Refuse To Provide Details About Contents In The Boxes?  

USAID Required Nearly Eighteen Months- 546 Days, To Provide Information About PPE Donated To Cuba. 

FOIA Filed 14 October 2022.  Answer Provided 11 April 2024. 

What Was Provided? Four-Page Letter.  Three Pages Of Redacted Emails.  One Page Data Sheet. 

Why Was Disclosing This Data So Controversial? Six Pallets Totaling 1,174 Pounds Of Firefighting Turnout Coats (43), Firefighting Turnout Pants (43), Firefighting Rubber Boots (43), And Firefighting Gloves (43) With A Total Value Of US$167,872.00 Provided By Houston, Texas-Based Kellogg Brown And Root Services, Inc. (KBR; 2023 Revenue US$6.9 Billion).  

Focusing Upon Media Coverage: USAID Permits Photographs For Promotion, But Refused To Provide Details.  USAID Administrator Samanatha Power Is A Former Journalist. 

The lack of transparency by the Washington DC-based United States Agency for International Development (USAID) which operates under the auspice of the United States Department of State, was both destructive and malignant for the United States business community.  Executives equate transparency with guidance and support.   

When the Biden-Harris Administration (2021- ) decided in 2022 to provide Made-In-America firefighting equipment (PPE- Personal Protective Equipment) to the government of the Republic of Cuba, United States-based company executives interpreted the motivation in a positive manner. 

The United States Embassy in Havana, Republic of Cuba, published images of the delivery presentation.  Clearly, an effort to promote the United States taxpayer-funded delivery of the PPE.  If USAID was seeking to promote its efforts, then how to justify refusing to provide the details about the PPE?     

USAID then refused for eighteen (18) months to provide basic information about the delivered PPE- manufacturer, quantity, price, and critically the source of funding.   

The result is destructive because United States-based companies look to the transparency of the United States government as a primary indicator of whether engagement with the Republic of Cuba makes sense.  

Lack of transparency equates to a STOP sign.  The malignancy develops because executives speak with one another- and in this instance shared a cautionary tale rather than an opportunity for engagement.  

• 11 April 2024: “Attached please find United States Agency for International Development 2nd and final response to your October 14, 2023 FOIA request.” 

• 26 February 2024: “Attached please find the 1st interim response to your October 14, 2022 FOIA request.  Please be advised that this is not our final response as we are still awaiting further records from the respective programs.  The records will be assessed and processed upon receipt.  We will continue to provide you with interim releases until such time all records have been received.  Thank you for your interest in USAID and continued patience.”  

• 26 January 2024: “My apologies; the United States Agency for International Development (USAID) regrets the delay in responding to your Freedom of Information Act (FOIA) request.  Please be advised that FOIA No. X-XXXXX-XX has been escalated and is still being processed.  Unfortunately, USAID is experiencing a backlog of FOIA requests.  The FOIA office will provide you with another status update and an estimated time of completion on or before March 29, 2024.  Thank you for your continued patience.”   

• 6 December 2023: “The United States Agency for International Development (USAID) regrets the delay in responding to your Freedom of Information Act (FOIA) request.  Please be advised that FOIA No. X-XXXXX-XX has been escalated and is still being processed.  Unfortunately, USAID is experiencing a backlog of FOIA requests.  The FOIA office will provide you with another status update and an estimated time of completion on or before December 29, 2023.  Thank you for your continued patience.”   

• 24 August 2023: “Thank you for your continued patience while we process your FOIA request. Unfortunately, USAID is experiencing a backlog of FOIA requests.  Please know that USAID management is very committed to providing responses to FOIA requests and remedying the FOIA backlog.  I will provide you with an update on or before September 5, 2023.” 

• 16 August 2023: “Thank you for your continued patience while we process your FOIA request. Unfortunately, USAID is experiencing a backlog of FOIA requests.  Please know that USAID management is very committed to providing responses to FOIA requests and remedying the FOIA backlog.  I will provide you with an update on or before August 23, 2023.” 

• 17 July 2023: “Thank you for your continued patience. Additional search time is needed to complete your request.  I will provide you with an update on or before July 31, 2023.” 

• 16 June 2023: “Greetings, Thank you for your continued patience. Additional search time is needed to complete your request.  I will provide you with an update on or before June 30, 2023.”  

• 24 May 2023: “Greetings, We are still working on your FOIA request and should have a response for you by June 14, 2023.” 

“This acknowledges receipt of your October 14, 2022, Freedom of Information Act (FOIA) request to the United States Agency for International Development (USAID).  Specifically, you requested all information about the following delivery in August 2022/September 2022/October 2022 from USAID of PPE to Cuba: 1) How was the donation delivered- air, vessel? 2) What is the brand/manufacturer of the PPE? 3) Was the delivery directly to a Republic of Cuba government-operated entity or through first the U.S. Embassy in Havana? 4) What was the U.S. Dollar value of the delivered 43 sets of PPE? 5) What is the U.S. Dollar value of the 57 sets of PPE to be delivered? 6) Did USAID use its government funding for the purchase(s)?   (Date Range for Record Search: From 08/01/2022 To 10/14/2022).  You also requested expedited processing and a fee waiver. 

Expedited Processing

The FOIA provides that expedited processing is warranted if the request involves circumstances in which the lack of expedited processing could (1) reasonably be expected to pose an imminent threat to the life or physical safety of an individual, or (2) an urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information.  You indicated you requested expedited processing "because the public has an urgent and compelling need for information about the all information about the following delivery in August 2022/September 2022/October 2022 from USAID of PPE to Cuba: 1) How was the donation delivered- air, vessel? 2) What is the brand/manufacturer of the PPE? 3) Was the delivery directly to a Republic of Cuba government-operated entity or through first the U.S. Embassy in Havana? 4) What was the U.S. Dollar value of the delivered 43 sets of PPE? 5) What is the U.S. Dollar value of the 57 sets of PPE to be delivered? 6) Did USAID use its government funding for the purchase(s)?  (Date Range for Record Search: From 08/01/2022 To 10/14/2022).  After review of your justification, your request for expedited processing is denied.  Your rationale does not articulate an imminent threat to the life or physical safety of an individual, nor is it an urgency to inform the public.  Below is information on how to submit an appeal for this expedited processing denial.

Fee Waiver 

The FOIA provides that fees should be waived or reduced if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.  As a member of the media, the only applicable fee is duplication.  Duplication is $0.10 per page, but the first 100 pages are free.  After review of the fee waiver criteria, your fee waiver request is moot.  Since the only applicable fee is duplication, and USAID routinely furnishes responsive records to FOIA requesters in electronic format, it's most likely there will be no duplication fees to assess.  

Appeal rights 

You have a right to appeal the denial of expedited processing.  Your appeal must be received by USAID no later than 90 days from the date of this communication.  To protect its workforce from COVID-19, USAID is implementing maximum telework.  Our FOIA professionals are therefore working from home and do not have access to postal mail and fax machine.  Please send your appeal to foia@usaid.gov, and address it to the Deputy Director of the Bureau for Management, Office of Management Services.  In addition, please include your tracking number in your email. 

Extending the FOIA’s Time Limits due to Unusual Circumstances 

The FOIA provides that an agency  may extend its time limits when “unusual circumstances” occur in the processing of a request. See 5 U.S.C. § 552(a)(6)(B)(i) (2016).  Those “unusual circumstances” are set forth in the statute, 5 U.S.C § 552(a)(6)(B)(iii), and are described as: 1) The need to search for records from field facilities or other locations separate from the office processing the request; 2) The need to search, collect and examine voluminous records; and 3) The need for consultation with another agency.  Based upon the records you have requested, we have determined that one or more unusual circumstances will occur during the processing of your request.  Accordingly, your response time-limit has been extended beyond the 20 days required by statute; therefore, 10 additional processing days have been added to your request.  To mitigate this action, you may limit the scope of the request so that it can be processed more quickly or to arrange an alternative time to respond.” 

United States Department of State
Washington DC
18 October 2022

U.S. Support for Hurricane Ian Recovery Efforts in Cuba
Ned Price, Department Spokesperson

“Following the devastating impact of Hurricane Ian, the United States is providing to the Cuban people critical humanitarian aid to trusted international partners working directly with Cubans whose communities were devastated by the storm. The United States, through the U.S. Agency for International Development, will provide $2 million in funding for emergency relief to those in need in Cuba. The United States will work with trusted, independent organizations operating in the country who have a long presence in hurricane-affected communities. We are currently reviewing applications from organizations such as the International Federation of Red Cross and Red Crescent Societies (IFRC) to provide this assistance. We stand with the Cuban people as they work to recover from this disaster. The United States will continue to monitor and assess humanitarian needs in coordination with our trusted partners and the international community, and we will continue to seek ways to provide meaningful support to the Cuban people, consistent with U.S. laws and regulations.” 

Bruno Rodriguez, Minister of Foreign Affairs of the Republic of Cuba, using Twitter (X): "We appreciate humanitarian assistance offer made by the US. This material contribution that is worth 2 million USD, channelled through the International Federation of Red Cross, will add up to our recovery efforts in support of the victims of the ravages caused by #HurricaneIan." 

United States Department of State
Washington DC
19 October 2022

Question Posed: “Prior to today's announcement that USAID was spending US$2 million in taxpayer funds for indirect assistance to Cuba, when was the last time that taxpayer funds were directed, directly or indirectly, by the United States government to Cuba?” 

United States Department of State
Washington DC
21 October 2022

“Thanks for the question and your patience. The following is offered on background and should be attributable to a State Department spokesperson: 

"Each year since 1996, USAID and the Department of State have funded democracy programs that support human rights, fundamental freedoms, and democratic values in Cuba.  In September 2022, USAID provided personal protective equipment in response to diminished fire-fighting capacity following the large-scale oil fire at the Matanzas Oil Terminal.

In 2008, USAID provided $1.6 million to non-governmental organization (NGO) partners for emergency relief supplies in response to the impact of Hurricane Gustav.  USAID also funded emergency relief commodities through a disaster response cable for damages caused by hurricanes in 2004-2006.  USAID provided $50,000 for Hurricane Charley in 2004, $100,000 for Hurricane Dennis in 2005, and $100,000 for Hurricane Wilma in 2006.

Since early 2021, we have prioritized review of license applications to export privately sourced or donated goods to the Cuban people, focusing specifically on U.S. agricultural and medical exports to Cuba.” 

LINKS To Related Analysis 

Why Is USAID Administrator Samantha Power Risking Lawsuit For Failing To Disclose Data Sought By FOIA Request Filed In 2022 About PPE Deliveries In 2022 To Cuba. August 08, 2023 

In Controversial Decision, Biden-Harris Administration Directs (Indirectly) US$2 Million In U.S. Taxpayer Funds To Cuba For Hurricane Ian Support. Some Members Of Congress Irate. October 18, 2022

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

Lavazza Of Italy Continues To Focus On Increasing Coffee Bean Production In Cuba. Lavazza And Nespresso Both Export To Global Markets.

Turin, Italy-based Luigi Lavazza S.p.A. (2023 revenues approximately US$3.4 billion) and Vevey, Switzerland-based Nestle SA (2023 revenues approximately US$103.9 billion) are seeking to increase the production, quality, and export opportunities for coffee beans sourced in the Republic of Cuba.

• LINK: Lavazza From Italy & Nespresso From Switzerland Vie For Cuba's Coffee Production/Exports September 17, 2017 

Although authorized by the Obama-Biden Administration (2009-2017) through the United States Department of State, the government of the Republic of Cuba has not authorized the direct export of coffee beans (roasted, not roasted, processed) sourced from private growers in the the Republic of Cuba to the United States.

• LINK: Might Cubaexport In 2020 Permit “Independent Entrepreneurs” To Export Coffee Beans, Cocoa and Honey To The United States? January 14, 2020 

World Coffee Portal
London, United Kingdom
19 April 2024

Inside the Lavazza project rebuilding Cuba’s coffee industry

In 2018 Italian coffee roaster Lavazza Group embarked on a 20-year project to reinvigorate Cuba’s long-lost coffee industry. Through cooperation between the non-profit Lavazza Foundation and the Cuban government, coffee is becoming a powerful force for economic and social development on the island. World Coffee Portal gained exclusive access to the programme to find out what it takes to rebuild a coffee industry from the ground up.

IMAGE: A worker rakes sun-dried coffee at the Los Negros washing station in Santiago de Cuba province | Photo credit: Lavazza Group

It’s a country synonymous with Fidel Castro, cigars and vintage cars, but coffee is unlikely to be top of mind when it comes to Cuba. Nevertheless, the picturesque Caribbean island was once a major producer, growing around 60,000 tonnes a year in its 1950s peak – comparable to modern-day Kenya – and world-renowned for its sweet, full-bodied exports.

Sadly, Cuba’s recent history as a coffee producer is one of endemic decline. Rocked by the seismic events of the Cuban revolution 1953-1959, an ongoing US trade embargo introduced in 1962 and a severe leaf rust epidemic, by the 1980s annual production had fallen to 30,000 tonnes and exports virtually vanished in the 1990s.

In 2020, Cuba’s annual production stood at just 6,000-7,000 tonnes but coffee remains an important part of daily life. An estimated 19,000 of the country’s 900,000 farmers are involved in cultivating the crop and Cubans consume around 20,000 tonnes of coffee annually, mostly imported from Vietnam and Brazil.

A cup half full

With access to global markets, machinery, finance and fuel severely restricted, Cuba’s economy struggles to develop. The country remains heavily reliant on imports and faces frequent shortages of food and medicine. Cuba was also hit hard by the pandemic, which along with tougher US sanctions introduced by the Trump administration and continued under Biden, badly impacted tourism.

With inflation running at around 30% in 2023, almost 425,000 Cubans, particularly from rural areas, are estimated to have crossed into the US from Mexico in the past two years – close to 4% of the population.

“Sanctions have a huge impact because they restrict us from working with international banks. In the rest of the world coffee producers can access finance from banks and other institutions – but this is not possible in Cuba,” says Cuban Vice Minister for Agriculture Maury Hechavarría Bermúdez.

In today’s tough economic context, Lavazza Group – a major purchaser of Cuban coffee up until the 1990s – wants to see coffee become a major catalyst for sustainable economic development in Cuba.

In 2018, the Italian coffee roasting giant launched a 20-year programme to rebuild Cuba’s long-lost coffee industry. Bio Cuba Café is a joint venture managed through the Lavazza Foundation in collaboration with the Cuban Agriculture Ministry, (GAF) and the Agency for Cultural and Social Interchange with Cuba (AICEC), an Italian non-profit fostering cultural and economic exchange with Cuba.

After several years of negotiations and on-the-ground preparation, Bio Cuba Café was officially ratified at a signing ceremony on 3 December 2023.

The programme currently represents 250 Cuban coffee farmers and has so far distributed more than six million coffee trees supported by state-backed agronomic research and €3.7m ($4m) investment from the partner organisations, including €1.5m ($1.6m) from the Lavazza Foundation.

“In the 1950s Cuba was one of the biggest coffee producers in the world,” says Robeldi Nicot Terrero President of the Agroforestal Group (GAF). “Cuban coffee has always been regarded as high-quality and that’s why we’ve been trying to improve exports.”

Today, 92% of Cuban coffee production is concentrated in the eastern provinces of Pinar del Rio, Villa Clara, Cienfugos, Sancti Spriritus, Holguin, Granma, Santiago de Cuba and Guantanamo, key regions where the government is promoting agriculture to improve local livelihoods and boost the national economy.
 
“When a coffee producing country starts to consumer more coffee, that’s a strong indicator of development”-Veronica Rossi, Senior Sustainability and Lavazza Foundation Manager

As a public-private joint venture with foreign entities, Bio Cuba Café is a new approach for Cuba’s state-run economy. Nevertheless, 2020 saw Lavazza purchase the first 11 containers of premium Cuban arabica along with the first export by Bio Cuba Café’s Asdrubal López enterprise and the Agroforestry Group.

“This is a social responsibility project to boost the Cuban coffee market,” says Veronica Rossi, Lavazza’s Senior Sustainability Manager and Lavazza Foundation Manager. “Lavazza Group initiated the joint venture but it is managed through the Lavazza Foundation, which has a statutory obligation to reinvest all profits.”

As Rossi explains, Lavazza is a major purchaser of Cuban coffee through the project but does not hold exclusivity on exports, enabling Bio Cuba Café to act as a portal to both domestic cooperatives and international buyers.

IMAGE: Workers weigh green coffee sacks at the Los Negros washing station in Santiago de Cuba province | Photo credit: Lavazza Group

Cuba’s arabica exports officially reached 1,200 tonnes in 2021, but of the 9,000-11,000 tonnes produced overall today, 40%-65% is estimated to be traded on the black market, where it haemorrhages value. It’s here that Bio Cuba Café is working to bring more farmers into the fold so they can invest in quality and tap into the global value chain.

Bio Cuba Café members receive over 30% of the exported value of their coffee, among the highest share in the world. They also receive payment for coffee on delivery instead of a typical six-month waiting period, gain access to bioproducts for organic and sustainable agriculture, credit funds and agronomic assistance.

Crucially, they are also paid in Cuba’s ‘hard’ Moneda Libremente Convertible (MLC) currency instead of local pesos. Introduced in 2021 as part of Cuba’s complex dual-currency system, MLC retains parity with the dollar and is used to purchase high-value imported goods, such as machinery and equipment.

In 2022, Cuba produced around 8,000 tonnes of export-grade coffee, still a small fraction of its 1950s peak, but tangible evidence of the fledgling industry’s progress.

A green light for sustainability

Michele Curto is President of the AICEC and has been closely working with the Lavazza Foundation and the Cuban government to make Bio Café Cuba a reality. Curto’s passion for the project is clear, especially when it comes to dovetailing the environmental and economic benefits of sustainable agroforestry and organic farming.

“One of the easiest ways to support a coffee plantation is to create a shade-grown system,” he says, highlighting GAF’s long-term reforestation programme, which has overseen a rise in Cuba’s total forest cover from just 13% in 1959 to 43% in 2022.

“Consider that one euro is worth around 250 pesos – with a euro or less you can buy 120 trees – it’s the cheapest way to protect the cultivation of coffee,” Curto adds.

Like all coffee producing countries, Cuban farmers face mounting challenges due to the global climate emergency. “Cuba is a dry country, but we are also facing climate phenomena such as high temperatures, heavy, irregular rains and soil erosion,” says Bermúdez.

With Cuba rebuilding its coffee industry from the ground up, there is a powerful opportunity to embed agroforestry and organic cultivation into virtually all production.

Deforesting land to increase yields is tempting for many coffee producers, but monoculture farming damages ecological diversity and requires regular pesticide treatment to control insect populations. A greener route is to plant native trees alongside coffee, which controls pests by encouraging birds, provides shade protection and retains soil quality. This dynamic is a win-win for Cuba, where there has historically been virtually no access to pesticides or chemical fertilisers due to the US trade embargo.

“We have turned this obstacle into a strength by creating bio-fertilisers to enhance production. The development of coffee in these specific eco-systems responds to the needs and progress of the country,” says Terrero. “It’s fair, good and clean,” he adds.

The Tercer Frente Experimental Coffee Station in Cuba’s Santiago province is at the forefront of efforts to integrate climate resilience into coffee production. In 2020, Cuban scientists began collaborating with counterparts in Vietnam to develop bio-organic fertilisers and rust-resistant, higher yield cultivars. Vietnamese farming techniques, such as planting two banana trees for every coffee plant, have also been adopted.
 
“Cuban coffee has always been regarded as high-quality and that’s why we’ve been trying to improve exports”- Robeldi Nicot Terrero, President, Agroforestal Group (GAF)

“Our public health system was able to develop its own vaccine to face the Covid-19 pandemic. That’s why the Cuban government asked those same scientists to develop our own genetic material for coffee seeds,” says Bermúdez.

Organic production could enable Cuban coffee farmers to command premium prices in international markets and up to 20% higher in Europe, which imports around one-third of annual global coffee production.

In 2022, more than 300 tonnes of Cuban arabica and robusta coffee was certified organic through Control Union. With this representing just 25% of Cuba’s exportable capacity, the potential for certifying virtually all Cuban coffee as organic is huge.

Shade-grown coffee also means both Cuban farmers and importers can trade in Europe with confidence. Incoming EU legislation requires companies importing products linked to deforestation, including coffee, palm oil and soya, to prove goods have not contributed to forest degradation and will enforce hefty fines for non-compliance.

The benefits of advanced using biofertilisers and shade-grown approach are evident, with Bio Cuba Café members yielding 0.8 tonnes of coffee per hectare compared to 0.3 tonnes for the national average.

“Those farmers able to produce more will have more revenue and they will have reasons to stay in the mountains,” says Bermúdez. “We don’t need a lot of producers, but we need the producers we have to be far more efficient.”

Money grows on coffee trees

One farmer already reaping the benefits of the Bio Cuba Café joint venture is Rafael ‘Tony’ Antonio Infante. Like many Cubans working in the agricultural sector, Tony is higher educated and has a Bachelor’s degree in economics. In recent years, Tony has shifted from cattle farming to coffee due to the crop’s higher returns and lower maintenance requirements.

A few hours’ drive from Santiago de Cuba, his 15-hectare farm also produces plantain, beans, and pumpkins. Speaking through a translator, Tony explains he first began sowing coffee in 2017 over five hectares. The results have been promising, with yields of around two tonnes per hectare over a three-month cycle – higher-than-average volumes he attributes to the use of organic manure and recycled coffee waste fertiliser alongside a 100% shade-grown system.

Tony recently sold four tonnes of high-grade organic robusta to a cooperative through the GAF Tercer Frente cooperative on behalf of Bio Cuba Café for 127,000 pesos ($1,127) per tonne – a solid return when 120 seedlings can be purchased for just €1 ($1.08). Having recently fully joined the Bio Cuba Café programme, Tony says he is planning to further hone his agronomy techniques and add three hectares of land dedicated to coffee.

Yolani Carrasana Valdez is another Cuban coffee farmer reaping the benefits of the Bio Cuba Café programme. Valdez cultivates around 4,800 shade-grown robusta coffee trees over 7.7 hectares. Using organic fertiliser developed by Bio Cuba Café over the past two years, Valdez grew almost six tonnes of coffee in 2022.
 
“One of the easiest ways to support a coffee plantation is to create a shade-grown system”- Michele Curto, President, AICEC

His farm also produces sweet potato, citrus and tropical fruit, however, coffee is now Valdez’ most lucrative crop, generating around 80% of the farm’s income and enabling him to employ ten workers.

From these farms and many others, coffee is transported to the Los Negros washing station in Cuba’s Santiago de Cuba province. One of 22 stations in the country, this facility processes 64% of Cuba’s current coffee production. Los Negros uses a wet process to de-pulp coffee cherries and is experimenting with fermentation on robusta micro-lots in collaboration with the University of Santiago to elevate quality.

The station is also embedding full supply chain and farm traceability into Cuban coffee production. In 2020 Bio Café Cuba began tracking soil quality, weather conditions and water usage from a range of 50 sensors in the field to build climate resilience by continually monitoring environmental conditions in real time.

Bio Cuba Café is also deploying blockchain at the processing station to generate a fully transparent supply chain. Each coffee sack is tagged to track 90 agronomic, economic and social KPIs, with the data fully available to end consumers via a QR code and app.

IMAGE: The Rolando Ayub Contramaestre coffee processing plant | Photo credit: Tobias Pearce / World Coffee Portal

The people’s product

The Rolando Ayub Contramaestre coffee processing plant in Santiago de Cuba is the site of the Battle of Mafo, one of the final clashes of the Cuban Revolution. Today, the former army barracks whirs with the gentle motion of coffee commerce, sorting, processing and packing 65% of Cuba’s annual coffee production.

The facility houses an automatic colour sorter to weed out green coffee defects while manual workers sort up to 50kg of coffee per day to produce the country’s highest export grade. It is here that Lavazza is preparing to install Cuba’s first commercial coffee roaster, which when operational in 2025 will enable more Cubans to enjoy the high-quality coffees they produce.

“When a coffee producing country starts to consume more coffee, that’s a strong indicator you have economic and social development,” says the Lavazza Foundation’s Rossi.

“A key goal of Bio Cuba Café is not to create competition between domestic and exporter markets. Whenever we export coffee, we must ensure that there will be enough for the Cuban market. We will always keep the producers front and centre,” adds the AICEC’s Curto.

Viva the Cuban coffee revolution

With Lavazza having already struck deals to sell Cuban coffee at UK supermarkets, the dream of rekindling the nation’s coffee exports is now firmly a reality. As a 20-year project, Bio Cuba Café wants to go much further towards the full restoration of Cuba’s coffee industry and plans to grow the number of partner coffee farmers to 400 over the next two years.

With the help of Lavazza’s 130 years of coffee expertise, Bio Cuba Café is laying the groundwork for a coffee industry truly built for the 21st century. It will take many years for Cuban coffee farmers to hone their skills to boost quality and yields. However, a speciality range scoring 81-85 points already available through the Bio Cuba Café programme is tangible proof that Cuban coffee can once again compete with the best on the world stage.

20 years of the Lavazza Foundation: Established in 2004, the nonprofit Giuseppe e Pericle Lavazza Foundation has organised 33 projects in 20 countries and three continents, the benefits of which are felt by more than 180,000 coffee growers. One aim shared by all of the programmes is the development of sustainable entrepreneurship, to bring about an improvement in the living conditions of the entire community.  The Foundation supports the autonomy of local communities by emphasising the value of female workers and involving the younger generations. It encourages good agricultural practices in order to improve crop yields and coffee quality and promotes the introduction of technological tools as a means to counter the effects of climate change.

This article was first published in Issue 18 of 5THWAVE magazine.

Link To Article Text

LINKS To Previous Analyses 

Nestle Nespresso To Indirectly Import Coffee From Cuba To USA June 20, 2016

UPDATE: “Hecho En Cuba” Has Value…. Obama Administration Will Help & Accept Certification From Cuba July 14, 2016

“Hecho En Cuba” Begins To Mean Something…. Is The Obama Administration Complying With Its Regulations? July 06, 2016

It's Here... Nespresso's Cafecito de Cuba capsules... US$1.25 each August 18, 2016

Lavazza From Italy & Nespresso From Switzerland Vie For Cuba's Coffee Production/Exports September 17, 2017

Confiserie Sprungli AG & Dieter Meier Of Switzerland Use Cocoa Beans From Cuba June 20, 2018

Nespresso Of Switzerland Announces Another Release Of Coffee From Cuba November 19, 2018

Might Cubaexport In 2020 Permit “Independent Entrepreneurs” To Export Coffee Beans, Cocoa and Honey To The United States? January 14, 2020

After A Long Wait... Nespresso Of Switzerland Announces "For A Limited Time" New Releases Of "Cafecito de Cuba" & "Cafe de Cuba" August 12, 2020

Coffee & Charcoal Have Been Imported From Cuba; U.S. Companies Want More. Agricultural Commodities/Food Products/Healthcare Products Have Been Exported To Cuba; U.S. Companies Want More. October 02, 2021

Ag Delegations Traveling To Cuba Must Know What Is Possible, Advocate To Government Of Cuba To Permit All That Is Permissible- Direct Export Of Coffee, Cacao, Honey. Complaining Not Constructive. April 14, 2022

With Coffee Bean Sourcing In Cuba, No Cuba Mention Might Be U.S. Compliance Issue For Nestlé Nescafé Plan To "Drive Regenerative Ag, Reduce Greenhouse Gas Emissions, Improve Farmers’ Livelihoods" October 04, 2022