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 ascending Organization
May
18
2022
Worldsmart: Un Puente Entre Dos Mundos— Inversiones Entre EEUU y América Latina [PODCAST] ArentFox Schiff LLP
Oct
6
2015
Winners in the New Cuban Sanctions Program: Telecommunication and Internet Service Providers, Travelers, and Attorneys Holland & Hart LLP
Dec
29
2014
White House Announces Historic Shift in U.S. Embargo on Cuba Greenberg Traurig, LLP
Feb
19
2016
What Cuba Wants From Investors Bilzin Sumberg
Jan
5
2023
Venezuela Program Expanded to Cuba, Haiti, and Nicaragua – 30,000 Per Month for All Countries Greenberg Traurig, LLP
May
19
2023
USCIS Updates Review Procedure for the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans Greenberg Traurig, LLP
May
11
2015
US/Cuba Relations: What You Need to Know About Protecting US Brands in Cuba Morgan, Lewis & Bockius LLP
Jan
29
2016
US Treasury and Commerce Departments Announce New Changes to Cuba Regulations McDermott Will & Emery
Sep
22
2015
US Government Further Relaxes Trade Restrictions with Cuba Morgan, Lewis & Bockius LLP
Nov
1
2019
US Department of Commerce Further Tightens Cuba Sanctions Squire Patton Boggs (US) LLP
Mar
6
2016
Update on FCC Proceeding to Remove Cuba from the International Section 214 Exclusion List Faegre Drinker
Mar
16
2016
U.S.-Cuba Telecommunications: Turning the Corner Faegre Drinker
Jul
28
2023
U.S. Visa Waiver Program: Impact of Travel to Cuba Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
17
2015
U.S. Treasury and Commerce Departments Issue Amended Regulations to Ease U.S. Sanctions Against Cuba Covington & Burling LLP
Nov
14
2017
U.S. Restrictions on Travel to and Trade With Cuba Return Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
22
2016
U.S. President Announces Upcoming Trips to Cuba, Argentina, Vietnam and Laos Squire Patton Boggs (US) LLP
Nov
10
2017
U.S. Implements President Trump’s Cuba Policy 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
Nov
16
2016
U.S. Continues Liberalizing Travel and Trade with Cuba Polsinelli PC
Apr
21
2015
U.S. Brand Holders Anticipating Business in Cuba Can and Should Protect Trademarks Neal, Gerber & Eisenberg LLP
Jun
7
2019
U.S. Agencies Implement Latest Trump-Cuba Policy Changes Greenberg Traurig, LLP
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
Jun
21
2017
Trump’s Cuba Policy Reverses Course Set by Obama Jackson Lewis P.C.
Jun
17
2017
Trump’s Cuba Announcement Signals a Change of Tone, but not Substance Holland & Hart 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
Jul
26
2017
Trump Administration Announces New Policy on Cuban Embargo Squire Patton Boggs (US) LLP
Jun
26
2019
Travel Restrictions to Cuba Affects Cruise and Other Industries Jackson Lewis P.C.
Apr
1
2015
Trademark Protection: Strategies for Cuba Squire Patton Boggs (US) LLP
Jun
4
2015
Trademark Protection In Cuba: Companies Should Act Sooner Rather Than Later Lewis Roca Rothgerber 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
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
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
Jan
15
2015
The First Law of International Dynamics: Sanctions May Be Transformed But Never Created or Destroyed Sheppard, Mullin, Richter & Hampton LLP
 

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