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 Sort descending Organization
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
Jan
4
2017
Legal Bases for Iran Sanctions, Cuba Sanctions, and NAFTA Morgan, Lewis & Bockius LLP
Mar
7
2016
Lo que Cuba quiere de los inversores Bilzin Sumberg
Jul
2
2021
Navigating the Travel Ban Jungle: National Interest Exception Checklist for the U.S. Covid Travel Bans Sheppard, Mullin, Richter & Hampton LLP
Dec
7
2016
Negotiation By Tweet: The Uncertain Future of U.S.-Cuba Relations 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
Oct
18
2016
OFAC Allows Joint Medical Research with Cuba Faegre Drinker
Dec
31
2017
OFAC and BIS Amend Cuba Sanctions Regulations Squire Patton Boggs (US) LLP
Jan
16
2015
OFAC and BIS Release Amendments to Cuban Embargo Regulations Faegre Drinker
Nov
20
2018
OFAC and JPMorgan Chase Bank Agree on Settlement 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
Nov
4
2019
OFAC Enters Settlement With The General Electric Company for Violations of Cuba Sanctions Squire Patton Boggs (US) LLP
Nov
14
2017
OFAC Increases Clarity Regarding Financial Transactions with Cuba Ballard Spahr LLP
Jan
15
2015
OFAC Issues Cuban Asset Control Regulations focused on the U.S. Financial Sector Sheppard, Mullin, Richter & Hampton LLP
Mar
16
2016
OFAC Provides Cuba Access to U.S. Dollar Holland & Hart LLP
Dec
18
2014
One Step Closer to Normalizing Relations with Cuba Faegre Drinker
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
2
2017
Our Armchair Santería on Cuba Policy: What Will President Trump do on Cuba? Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2017
Our Cuba Sanctions Predictions: How Did We Do? Sheppard, Mullin, Richter & Hampton LLP
Jan
20
2015
Partial Relaxation of Cuban Sanctions: New Regulations Issued Morgan, Lewis & Bockius LLP
Dec
19
2014
President Obama Announces Sweeping Changes to United States’ Diplomatic Relationship with Cuba Morgan, Lewis & Bockius 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
Dec
18
2014
President Obama’s Announcement on U.S.-Cuban Relations Could Create Strategic Opportunities for American Companies Neal, Gerber & Eisenberg LLP
Apr
15
2015
President Recommends Cuba’s Removal from State Sponsors of Terrorism List Faegre Drinker
Jun
20
2017
President Trump Announces Rollback on Obama-era Cuba Sanctions Easing Morgan, Lewis & Bockius LLP
Jun
21
2017
President Trump Shifts the U.S. Policy Towards Cuba Squire Patton Boggs (US) LLP
Jan
8
2015
President’s Cuba Announcement Presents Commercial Opportunity, Test of Executive Power Covington & Burling LLP
May
10
2022
Restart of U.S.-Cuba Migration Talks Jackson Lewis P.C.
Nov
17
2017
Retrenchment on Cuban Sanctions; The Search for a Middle Ground 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
Mar
17
2021
Sanctions and Export Control Developments in the First 50 Days of the Biden Administration Vedder Price
Sep
3
2015
State Sponsor of Terrorism Amendment Made to EAR Regarding Cuba Morgan, Lewis & Bockius LLP
Sep
6
2014
Stopper or Informer? Closer Accused of Giving False Testimony to Stay in the Game Proskauer Rose LLP
Mar
6
2015
Telecommunications in Cuba and the U.S. Embargo: History, Opportunities, and Challenges Faegre Drinker
 

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