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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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
Apr
15
2015
President Recommends Cuba’s Removal from State Sponsors of Terrorism List Faegre Drinker
Mar
6
2016
Update on FCC Proceeding to Remove Cuba from the International Section 214 Exclusion List Faegre Drinker
Jul
24
2015
BIS Removes Cuba as State Sponsor of Terrorism in Regulations Faegre Drinker
Jan
16
2015
OFAC and BIS Release Amendments to Cuban Embargo Regulations Faegre Drinker
Mar
16
2016
U.S.-Cuba Telecommunications: Turning the Corner Faegre Drinker
Mar
6
2015
Telecommunications in Cuba and the U.S. Embargo: History, Opportunities, and Challenges Faegre Drinker
Dec
18
2014
One Step Closer to Normalizing Relations with Cuba Faegre Drinker
Feb
17
2016
Further Relaxation of Sanctions for Commercial Aircraft Operations in Cuba Katten
Nov
22
2014
FinCEN Updates List of Jurisdictions with AML/CFT Deficiencies Katten
Jun
4
2015
Trademark Protection In Cuba: Companies Should Act Sooner Rather Than Later Lewis Roca Rothgerber LLP
Feb
8
2021
Opportunities for the Biden Administration to Reverse Failed Trump Policy On Cuba – Part 1 Gilbert LLP
Feb
19
2021
Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 2 Gilbert LLP
Aug
11
2023
DHS Issues Additional Visa Waiver Program Guidance for Cuba, Hungary, Israel Jackson Lewis P.C.
Mar
28
2017
Agents Convicted for Smuggling Cuban Baseball Players Jackson Lewis P.C.
May
10
2022
Restart of U.S.-Cuba Migration Talks Jackson Lewis P.C.
Jun
21
2017
Trump’s Cuba Policy Reverses Course Set by Obama Jackson Lewis P.C.
Jun
26
2019
Travel Restrictions to Cuba Affects Cruise and Other Industries Jackson Lewis P.C.
Jan
19
2023
Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, Venezuelans with Sponsorship Jackson Lewis P.C.
Sep
6
2014
Stopper or Informer? Closer Accused of Giving False Testimony to Stay in the Game Proskauer Rose LLP
Feb
19
2016
What Cuba Wants From Investors Bilzin Sumberg
 

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