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
Sep
22
2023
DHS Announces Changes in Work Authorization Processing Greenberg Traurig, LLP
Sep
5
2023
CBP Provides Updates on Humanitarian Parole Program for Cuba, Haiti, Nicaragua, and Venezuela Greenberg Traurig, LLP
Aug
11
2023
DHS Issues Additional Visa Waiver Program Guidance for Cuba, Hungary, Israel Jackson Lewis P.C.
Jul
28
2023
U.S. Visa Waiver Program: Impact of Travel to Cuba Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
19
2023
USCIS Updates Review Procedure for the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans Greenberg Traurig, LLP
Jan
21
2023
CBP Releases December 2022 Monthly Operational Update U.S. Customs and Border Protection
Jan
19
2023
Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, Venezuelans with Sponsorship Jackson Lewis P.C.
Jan
5
2023
Venezuela Program Expanded to Cuba, Haiti, and Nicaragua – 30,000 Per Month for All Countries Greenberg Traurig, LLP
Jul
8
2022
Reverse CFIUS? S∩IℲƆ? New Outbound Investment Review Process Becoming More Likely Sheppard, Mullin, Richter & Hampton LLP
May
18
2022
Worldsmart: Un Puente Entre Dos Mundos— Inversiones Entre EEUU y América Latina [PODCAST] ArentFox Schiff LLP
May
10
2022
Restart of U.S.-Cuba Migration Talks Jackson Lewis P.C.
Jan
5
2022
Cadwalader Cabinet: January 5, 2022 Cadwalader, Wickersham & Taft LLP
Jul
2
2021
Navigating the Travel Ban Jungle: National Interest Exception Checklist for the U.S. Covid Travel Bans Sheppard, Mullin, Richter & Hampton LLP
Mar
17
2021
Sanctions and Export Control Developments in the First 50 Days of the Biden Administration Vedder Price
Mar
12
2021
Labor Force: Women and Challenges Squire Patton Boggs (US) LLP
Feb
19
2021
Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 2 Gilbert LLP
Feb
8
2021
Opportunities for the Biden Administration to Reverse Failed Trump Policy On Cuba – Part 1 Gilbert LLP
Jun
1
2020
COVID-19 and Construction in Latin America Squire Patton Boggs (US) LLP
Nov
4
2019
OFAC Enters Settlement With The General Electric Company for Violations of Cuba Sanctions Squire Patton Boggs (US) LLP
Nov
1
2019
US Department of Commerce Further Tightens Cuba Sanctions Squire Patton Boggs (US) LLP
Sep
30
2019
Title III Lawsuits Are Coming: Is Your Company or Client Ready? Greenberg Traurig, LLP
Aug
6
2019
The Practical Effect of Blocking Statutes on Helms-Burton Title III Actions Carlton Fields
Jun
26
2019
Travel Restrictions to Cuba Affects Cruise and Other Industries Jackson Lewis P.C.
Jun
7
2019
U.S. Agencies Implement Latest Trump-Cuba Policy Changes Greenberg Traurig, LLP
Jun
6
2019
U.S. Further Restricts Non-Family Travel and Movement of Non-Commercial Planes, Non-Cargo Vessels to Cuba Wiggin and Dana LLP
May
3
2019
Trump Ends Suspension Of The Helms-Burton Act Jones Walker LLP
Mar
23
2019
Trump Administration Cracks Open Door to Private Law Suits Against Cuba with Partial Libertad Act Title III Implementation Greenberg Traurig, LLP
Mar
19
2019
The New Suits of Havana: How Non-U.S. Companies May Soon Be Sued for Their Business in Cuba Sheppard, Mullin, Richter & Hampton LLP
Nov
26
2018
Hotels Included in U.S. State Department Cuba Restricted List Greenberg Traurig, LLP
Nov
20
2018
OFAC and JPMorgan Chase Bank Agree on Settlement Squire Patton Boggs (US) LLP
Apr
19
2018
Cuba-U.S. Relations: The Rapprochement Slows Down Under The Trump Administration Sheppard, Mullin, Richter & Hampton LLP
Dec
31
2017
OFAC and BIS Amend Cuba Sanctions Regulations Squire Patton Boggs (US) LLP
Nov
17
2017
Retrenchment on Cuban Sanctions; The Search for a Middle Ground Sheppard, Mullin, Richter & Hampton LLP
Nov
14
2017
U.S. Restrictions on Travel to and Trade With Cuba Return Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
14
2017
OFAC Increases Clarity Regarding Financial Transactions with Cuba Ballard Spahr LLP
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
 

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