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 Sort descending
Nov
30
2015
Cuba’s Telecommunications Industry and Miami’s Expanding Silicon Beach Bilzin Sumberg
Dec
4
2015
Industria de Telecomunicaciones de Cuba y la Playa de la Silicona de Miami Bilzin Sumberg
Feb
19
2016
What Cuba Wants From Investors Bilzin Sumberg
Jan
8
2015
President’s Cuba Announcement Presents Commercial Opportunity, Test of Executive Power Covington & Burling LLP
Jan
17
2015
U.S. Treasury and Commerce Departments Issue Amended Regulations to Ease U.S. Sanctions Against Cuba Covington & Burling LLP
Sep
17
2015
Benefits and Barriers to Expanded U.S.-Cuba Trade Covington & Burling LLP
Jan
22
2015
Latin America in 2015: A Year of Challenges and Opportunities Covington & Burling LLP
Apr
19
2016
How Big U.S. Export Market Could Cuba Be? Covington & Burling LLP
Feb
2
2015
International Trade Commission (ITC) To Examine Trade With Cuba Covington & Burling LLP
Feb
22
2016
U.S. President Announces Upcoming Trips to Cuba, Argentina, Vietnam and Laos Squire Patton Boggs (US) LLP
Nov
29
2016
Fidel Castro Dies, Trans Pacific Partnership: Trade Talk: Week in Review (21-27 November 2016) Squire Patton Boggs (US) LLP
Dec
31
2017
OFAC and BIS Amend Cuba Sanctions Regulations Squire Patton Boggs (US) LLP
Jun
8
2015
President Obama Attends The G-7 Summit; House To Consider COOL Legislation And Possibly TPA; While The Senate Resumes Its FY 2016 NDAA Floor Debate Squire Patton Boggs (US) LLP
Mar
12
2021
Labor Force: Women and Challenges Squire Patton Boggs (US) LLP
Jan
4
2017
Investing in Cuba: What Next? Squire Patton Boggs (US) LLP
Nov
20
2018
OFAC and JPMorgan Chase Bank Agree on Settlement Squire Patton Boggs (US) LLP
Jun
21
2017
President Trump Shifts the U.S. Policy Towards Cuba Squire Patton Boggs (US) 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
Jul
26
2017
Trump Administration Announces New Policy on Cuban Embargo Squire Patton Boggs (US) LLP
Apr
1
2015
Trademark Protection: Strategies for Cuba Squire Patton Boggs (US) LLP
Jul
26
2017
OFAC Announces Settlement Agreements With American Honda Finance Corporation and American International Group, Inc. Squire Patton Boggs (US) LLP
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
Nov
1
2019
US Department of Commerce Further Tightens Cuba Sanctions 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
Jun
1
2020
COVID-19 and Construction in Latin America Squire Patton Boggs (US) LLP
Mar
16
2016
OFAC Provides Cuba Access to U.S. Dollar Holland & Hart LLP
Jun
17
2017
Trump’s Cuba Announcement Signals a Change of Tone, but not Substance Holland & Hart LLP
Oct
6
2015
Winners in the New Cuban Sanctions Program: Telecommunication and Internet Service Providers, Travelers, and Attorneys Holland & Hart LLP
Jan
21
2016
First OFAC Sanctions Penalty of 2016 Continues Clear Trend of Enforcement Prioritization Holland & Hart LLP
Nov
16
2016
U.S. Continues Liberalizing Travel and Trade with Cuba Polsinelli PC
Jan
5
2022
Cadwalader Cabinet: January 5, 2022 Cadwalader, Wickersham & Taft LLP
May
3
2019
Trump Ends Suspension Of The Helms-Burton Act Jones Walker LLP
Nov
14
2017
OFAC Increases Clarity Regarding Financial Transactions with Cuba Ballard Spahr LLP
Aug
6
2019
The Practical Effect of Blocking Statutes on Helms-Burton Title III Actions Carlton Fields
Jan
21
2023
CBP Releases December 2022 Monthly Operational Update U.S. Customs and Border Protection
 

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