Cuba

Cuba, officially known as the Republic of Cuba, is comprised of the country, Isla de la Juventud, and minor archipelagos. Its largest city is also the capital city of Havana. The country is the largest Caribbean-island, with an area of just under 110,000 sq.km, and is the second most populous, after Hispaniola, with a population of roughly 11 million.  

Cuba is considered part of Latin America. Its customs, culture, and people come from different origins including Spanish, African American, Ciboney, Taino, and its close relation with the Soviet Union during the Cold War, are among the cultures which influence the country. Cuba is ranked eighth in North America under the Human Development Index, and 67th in the world. It also ranks highly in education and healthcare systems in the country.

Cuba is one of the last remaining socialist countries in the world. The Constitution of 1976 defines the country as a socialist republic; it was replaced in 1992 with language indicating the nation is: "guided by the ideas of José Martí and the political and social ideas of Marx, Engels and Lenin.” The People’s Supreme Court is the highest authority in the judicial government. The Cuban government has been accused of numerous human rights violations throughout its Communist history including torture, unfair trials, arbitrary imprisonment, and extrajudicial executions.

The nation’s economy is guided under the principle of a substantially-controlled, planned economy. Production in the nation and owned and run by the government, and the state employs a majority of the labor-force. Any firm which wants to hire a Cuban national must pay the Cuban government, which pays the employee in Cuban pesos.  The country’s economy is highly driven by the sale of sugar to the US, and rum exports are also a highly profitable industry in the nation. Nearly 5% of the country’s residents fall below the poverty line.

Cuba represents a market with robust long-term growth potential that hinges on what happens with Cuba's government institutions and economic engine going forward, and it is one of the largest potential consumer markets in the Caribbean.

There are many legal and regulatory facets to U.S. policy on Cuba, including:

  • the long-standing U.S. Trade embargo;
  • the Cuban Democracy Act of 1992,
  • the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (commonly known as the Helms-Burton Act),
  • various rules, regulations and amendments promulgated by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC);
  • and most recently the changes after President Obama’s  December 17, 2014 announcement concerning  changes to Cuba policy.

With the re-establishment of commercial relations between Cuba and the U.S., there is a need to monitor changes to U.S. policy, new legislation and amendments to existing laws that impact U.S.-Cuba relations.

Legal areas of interest for businesses concerning the Cuba market include:

  • obtaining U.S. Treasury and Commerce Department licenses;
  • negotiating with Cuban entities for licensed transactions with U.S. entities;
  • advising on Office of Foreign Assets Control (OFAC) regulatory compliance;
  • analyzing viable claims associated with property that may have been unlawfully confiscated;
  • learning about permissible activities in various industry sectors covered by existing licenses;
  • developing market-entry and corporate strategy plans; and
  • protecting brands, including  trademarks and other types of intellectual property.
Custom text Title Organization
Nov
10
2017
U.S. Implements President Trump’s Cuba Policy Greenberg Traurig, LLP
Jul
26
2017
OFAC Announces Settlement Agreements With American Honda Finance Corporation and American International Group, Inc. Squire Patton Boggs (US) LLP
Jul
26
2017
Trump Administration Announces New Policy on Cuban Embargo Squire Patton Boggs (US) LLP
Jun
22
2017
Our Cuba Sanctions Predictions: How Did We Do? Sheppard, Mullin, Richter & Hampton LLP
Jun
21
2017
Trump’s Cuba Policy Reverses Course Set by Obama Jackson Lewis P.C.
Jun
21
2017
President Trump Shifts the U.S. Policy Towards Cuba Squire Patton Boggs (US) LLP
Jun
20
2017
President Trump Announces Rollback on Obama-era Cuba Sanctions Easing Morgan, Lewis & Bockius LLP
Jun
17
2017
Trump’s Cuba Announcement Signals a Change of Tone, but not Substance Holland & Hart LLP
Jun
2
2017
Our Armchair Santería on Cuba Policy: What Will President Trump do on Cuba? Sheppard, Mullin, Richter & Hampton LLP
Mar
28
2017
Agents Convicted for Smuggling Cuban Baseball Players Jackson Lewis P.C.
Jan
4
2017
Investing in Cuba: What Next? Squire Patton Boggs (US) LLP
Jan
4
2017
Legal Bases for Iran Sanctions, Cuba Sanctions, and NAFTA Morgan, Lewis & Bockius LLP
Dec
7
2016
Negotiation By Tweet: The Uncertain Future of U.S.-Cuba Relations Sheppard, Mullin, Richter & Hampton LLP
Nov
29
2016
Fidel Castro Dies, Trans Pacific Partnership: Trade Talk: Week in Review (21-27 November 2016) Squire Patton Boggs (US) LLP
Nov
16
2016
U.S. Continues Liberalizing Travel and Trade with Cuba Polsinelli PC
Nov
1
2016
Investing in Cuban Health Care Biotech Industries McDermott Will & Emery
Oct
21
2016
Cuba – Additional Restrictions Lifted;Treasury Releases Quarterly Report: Trade Talk – Week in Review, 10-16 October 2016 Squire Patton Boggs (US) LLP
Oct
18
2016
OFAC Allows Joint Medical Research with Cuba Faegre Drinker
Oct
17
2016
Obama’s Not Slowing Down On Cuba: New Steps Forward Open Doors (and Humidors!) for Collaboration Sheppard, Mullin, Richter & Hampton LLP
Sep
19
2016
Lawmakers Debate Security as Commercial Flights to Cuba Take Off; TSA Improves Security Wait Times at U.S. Airports Squire Patton Boggs (US) LLP
Apr
21
2016
Aviation Sanctions Update—Iran and Cuba Morgan, Lewis & Bockius LLP
Apr
20
2016
Hotels and Hospitality in Cuba: OFAC and Obama Paving the Way Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2016
How Big U.S. Export Market Could Cuba Be? Covington & Burling LLP
Apr
12
2016
Improved US - Cuba Relations Create Potential FCPA Risks for US Companies Looking to do Business There Bracewell LLP
Mar
16
2016
U.S.-Cuba Telecommunications: Turning the Corner Faegre Drinker
Mar
16
2016
OFAC Provides Cuba Access to U.S. Dollar Holland & Hart LLP
Mar
7
2016
Lo que Cuba quiere de los inversores Bilzin Sumberg
Mar
6
2016
Update on FCC Proceeding to Remove Cuba from the International Section 214 Exclusion List Faegre Drinker
Mar
2
2016
The Future of Business Relations in Cuba - Commentary from a Seasoned Customs Attorney The National Law Review / The National Law Forum LLC
Feb
22
2016
U.S. President Announces Upcoming Trips to Cuba, Argentina, Vietnam and Laos Squire Patton Boggs (US) LLP
Feb
19
2016
What Cuba Wants From Investors Bilzin Sumberg
Feb
17
2016
Further Relaxation of Sanctions for Commercial Aircraft Operations in Cuba Katten
Feb
5
2016
Cuba: Further Easing of the U.S. Sanctions Barnes & Thornburg LLP
Jan
29
2016
US Treasury and Commerce Departments Announce New Changes to Cuba Regulations McDermott Will & Emery
Jan
27
2016
FCC Clears Path for U.S. Telecom Companies to Provide Services to Cuba Armstrong Teasdale
 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins