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.
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Dec
19
2014
Turnin’ Havana to Atlanta: The White House Opens Doors for U.S. Telecommunications Investment in Cuba and Latin America Sheppard, Mullin, Richter & Hampton LLP
May
31
2015
America Turns A Page: Cuba Removed From U.S. List of State Sponsors of Terrorism Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2017
Retrenchment on Cuban Sanctions; The Search for a Middle Ground Sheppard, Mullin, Richter & Hampton LLP
Jan
15
2015
The First Law of International Dynamics: Sanctions May Be Transformed But Never Created or Destroyed Sheppard, Mullin, Richter & Hampton LLP
Dec
7
2016
Negotiation By Tweet: The Uncertain Future of U.S.-Cuba Relations Sheppard, Mullin, Richter & Hampton LLP
Jan
15
2015
OFAC Issues Cuban Asset Control Regulations focused on the U.S. Financial Sector Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2018
Cuba-U.S. Relations: The Rapprochement Slows Down Under The Trump Administration Sheppard, Mullin, Richter & Hampton LLP
Jan
16
2015
Havana Hold Your Hand: Reaching Out to Cuban Entrepreneurs Sheppard, Mullin, Richter & Hampton 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
Jun
2
2017
Our Armchair Santería on Cuba Policy: What Will President Trump do on Cuba? Sheppard, Mullin, Richter & Hampton 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
Apr
20
2016
Hotels and Hospitality in Cuba: OFAC and Obama Paving the Way Sheppard, Mullin, Richter & Hampton LLP
Jul
8
2022
Reverse CFIUS? S∩IℲƆ? New Outbound Investment Review Process Becoming More Likely Sheppard, Mullin, Richter & Hampton LLP
Dec
17
2014
Charting A New Course for Cuba re: Diplomatic Relations with Cuba Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2017
Our Cuba Sanctions Predictions: How Did We Do? Sheppard, Mullin, Richter & Hampton LLP
Apr
1
2015
10 Things You Didn’t Know You Could Import From Cuba Sheppard, Mullin, Richter & Hampton LLP
Oct
17
2016
Obama’s Not Slowing Down On Cuba: New Steps Forward Open Doors (and Humidors!) for Collaboration Sheppard, Mullin, Richter & Hampton LLP
May
18
2022
Worldsmart: Un Puente Entre Dos Mundos— Inversiones Entre EEUU y América Latina [PODCAST] ArentFox Schiff LLP
Mar
17
2021
Sanctions and Export Control Developments in the First 50 Days of the Biden Administration Vedder Price
Apr
12
2016
Improved US - Cuba Relations Create Potential FCPA Risks for US Companies Looking to do Business There Bracewell LLP
Jan
29
2016
US Treasury and Commerce Departments Announce New Changes to Cuba Regulations McDermott Will & Emery
Nov
1
2016
Investing in Cuban Health Care Biotech Industries McDermott Will & Emery
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
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
Jul
28
2023
U.S. Visa Waiver Program: Impact of Travel to Cuba Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
14
2017
U.S. Restrictions on Travel to and Trade With Cuba Return Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
30
2019
Title III Lawsuits Are Coming: Is Your Company or Client Ready? Greenberg Traurig, LLP
May
19
2023
USCIS Updates Review Procedure for the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans Greenberg Traurig, LLP
Nov
10
2017
U.S. Implements President Trump’s Cuba Policy Greenberg Traurig, LLP
Dec
29
2014
White House Announces Historic Shift in U.S. Embargo on Cuba Greenberg Traurig, LLP
Sep
5
2023
CBP Provides Updates on Humanitarian Parole Program for Cuba, Haiti, Nicaragua, and Venezuela Greenberg Traurig, LLP
Sep
22
2023
DHS Announces Changes in Work Authorization Processing Greenberg Traurig, LLP
Nov
26
2018
Hotels Included in U.S. State Department Cuba Restricted List Greenberg Traurig, 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
Jun
7
2019
U.S. Agencies Implement Latest Trump-Cuba Policy Changes Greenberg Traurig, LLP
Jan
5
2023
Venezuela Program Expanded to Cuba, Haiti, and Nicaragua – 30,000 Per Month for All Countries Greenberg Traurig, LLP
Dec
19
2014
President Obama Announces Sweeping Changes to United States’ Diplomatic Relationship with Cuba Morgan, Lewis & Bockius LLP
May
11
2015
US/Cuba Relations: What You Need to Know About Protecting US Brands in Cuba Morgan, Lewis & Bockius LLP
Jan
4
2017
Legal Bases for Iran Sanctions, Cuba Sanctions, and NAFTA Morgan, Lewis & Bockius LLP
Sep
3
2015
State Sponsor of Terrorism Amendment Made to EAR Regarding Cuba Morgan, Lewis & Bockius LLP
Jan
20
2015
Partial Relaxation of Cuban Sanctions: New Regulations Issued Morgan, Lewis & Bockius LLP
Sep
22
2015
US Government Further Relaxes Trade Restrictions with Cuba Morgan, Lewis & Bockius LLP
Jun
20
2017
President Trump Announces Rollback on Obama-era Cuba Sanctions Easing Morgan, Lewis & Bockius LLP
Mar
5
2015
Certain Goods and Services Now Eligible for Importation into the United States from Cuba Morgan, Lewis & Bockius LLP
Apr
21
2016
Aviation Sanctions Update—Iran and Cuba Morgan, Lewis & Bockius LLP
Jan
27
2016
FCC Clears Path for U.S. Telecom Companies to Provide Services to Cuba Armstrong Teasdale
Feb
5
2016
Cuba: Further Easing of the U.S. Sanctions Barnes & Thornburg LLP
Dec
18
2014
President Obama’s Announcement on U.S.-Cuban Relations Could Create Strategic Opportunities for American Companies Neal, Gerber & Eisenberg LLP
Apr
21
2015
U.S. Brand Holders Anticipating Business in Cuba Can and Should Protect Trademarks Neal, Gerber & Eisenberg LLP
Oct
18
2016
OFAC Allows Joint Medical Research with Cuba Faegre Drinker
 

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