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
Nov
1
2016
Investing in Cuban Health Care Biotech Industries McDermott Will & Emery
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
Oct
18
2016
OFAC Allows Joint Medical Research with Cuba Faegre Drinker
Oct
17
2016
Obama’s Not Slowing Down On Cuba: New Steps Forward Open Doors (and Humidors!) for Collaboration Sheppard, Mullin, Richter & Hampton 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
Apr
21
2016
Aviation Sanctions Update—Iran and Cuba Morgan, Lewis & Bockius LLP
Apr
20
2016
Hotels and Hospitality in Cuba: OFAC and Obama Paving the Way Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2016
How Big U.S. Export Market Could Cuba Be? Covington & Burling LLP
Apr
12
2016
Improved US - Cuba Relations Create Potential FCPA Risks for US Companies Looking to do Business There Bracewell LLP
Mar
16
2016
U.S.-Cuba Telecommunications: Turning the Corner Faegre Drinker
Mar
16
2016
OFAC Provides Cuba Access to U.S. Dollar Holland & Hart LLP
Mar
7
2016
Lo que Cuba quiere de los inversores Bilzin Sumberg
Mar
6
2016
Update on FCC Proceeding to Remove Cuba from the International Section 214 Exclusion List Faegre Drinker
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
Feb
22
2016
U.S. President Announces Upcoming Trips to Cuba, Argentina, Vietnam and Laos Squire Patton Boggs (US) LLP
Feb
19
2016
What Cuba Wants From Investors Bilzin Sumberg
Feb
17
2016
Further Relaxation of Sanctions for Commercial Aircraft Operations in Cuba Katten
Feb
5
2016
Cuba: Further Easing of the U.S. Sanctions Barnes & Thornburg LLP
Jan
29
2016
US Treasury and Commerce Departments Announce New Changes to Cuba Regulations McDermott Will & Emery
Jan
27
2016
FCC Clears Path for U.S. Telecom Companies to Provide Services to Cuba Armstrong Teasdale
Jan
21
2016
First OFAC Sanctions Penalty of 2016 Continues Clear Trend of Enforcement Prioritization Holland & Hart LLP
Dec
4
2015
Industria de Telecomunicaciones de Cuba y la Playa de la Silicona de Miami Bilzin Sumberg
Nov
30
2015
Cuba’s Telecommunications Industry and Miami’s Expanding Silicon Beach Bilzin Sumberg
Oct
6
2015
Winners in the New Cuban Sanctions Program: Telecommunication and Internet Service Providers, Travelers, and Attorneys Holland & Hart LLP
Sep
22
2015
US Government Further Relaxes Trade Restrictions with Cuba Morgan, Lewis & Bockius LLP
Sep
17
2015
Benefits and Barriers to Expanded U.S.-Cuba Trade Covington & Burling LLP
Sep
3
2015
State Sponsor of Terrorism Amendment Made to EAR Regarding Cuba Morgan, Lewis & Bockius LLP
Jul
24
2015
BIS Removes Cuba as State Sponsor of Terrorism in Regulations Faegre Drinker
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
Jun
4
2015
Trademark Protection In Cuba: Companies Should Act Sooner Rather Than Later Lewis Roca Rothgerber LLP
May
31
2015
America Turns A Page: Cuba Removed From U.S. List of State Sponsors of Terrorism Sheppard, Mullin, Richter & Hampton LLP
May
11
2015
US/Cuba Relations: What You Need to Know About Protecting US Brands in Cuba Morgan, Lewis & Bockius LLP
Apr
21
2015
U.S. Brand Holders Anticipating Business in Cuba Can and Should Protect Trademarks Neal, Gerber & Eisenberg LLP
Apr
15
2015
President Recommends Cuba’s Removal from State Sponsors of Terrorism List Faegre Drinker
Apr
1
2015
Trademark Protection: Strategies for Cuba Squire Patton Boggs (US) LLP
Apr
1
2015
10 Things You Didn’t Know You Could Import From Cuba Sheppard, Mullin, Richter & Hampton LLP
Mar
6
2015
Telecommunications in Cuba and the U.S. Embargo: History, Opportunities, and Challenges Faegre Drinker
Mar
5
2015
Certain Goods and Services Now Eligible for Importation into the United States from Cuba Morgan, Lewis & Bockius LLP
Feb
2
2015
International Trade Commission (ITC) To Examine Trade With Cuba Covington & Burling LLP
Jan
22
2015
Latin America in 2015: A Year of Challenges and Opportunities Covington & Burling LLP
Jan
20
2015
Partial Relaxation of Cuban Sanctions: New Regulations Issued Morgan, Lewis & Bockius LLP
Jan
17
2015
U.S. Treasury and Commerce Departments Issue Amended Regulations to Ease U.S. Sanctions Against Cuba Covington & Burling LLP
Jan
16
2015
OFAC and BIS Release Amendments to Cuban Embargo Regulations Faegre Drinker
Jan
16
2015
Havana Hold Your Hand: Reaching Out to Cuban Entrepreneurs 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
Jan
15
2015
The First Law of International Dynamics: Sanctions May Be Transformed But Never Created or Destroyed Sheppard, Mullin, Richter & Hampton LLP
Jan
8
2015
President’s Cuba Announcement Presents Commercial Opportunity, Test of Executive Power Covington & Burling LLP
Dec
29
2014
White House Announces Historic Shift in U.S. Embargo on Cuba 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
Dec
19
2014
President Obama Announces Sweeping Changes to United States’ Diplomatic Relationship with Cuba Morgan, Lewis & Bockius LLP
 

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