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UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA Jennifer R. Diaz, Esq. [email protected] Board Certified International Attorney Founding Partner Diaz Trade Law, P.A. Office: (305) 456-3830 Cell: (305) 724-3281 Caribbean Shipping Association Cocoa Beach, FL May 17, 2016

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Page 1: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA

Jennifer R. Diaz, Esq.

[email protected]

Board Certified International Attorney

Founding Partner

Diaz Trade Law, P.A.

Office: (305) 456-3830

Cell: (305) 724-3281

Caribbean Shipping Association

Cocoa Beach, FL

May 17, 2016

Page 2: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

DISCLAIMER

• This presentation is for informational purposes only and does not purport

to provide legal advice as all cases and facts are different.

• The information in this presentation is provided “as is” and no

representations are made whatsoever.

• You should not rely on the information included in this presentation as an

alternative to legal advice from your attorney.

• For questions related to a specific matter, you should consult your

attorney.

• To the extent permitted by law, this presentation is Copyright © 2013-

2015 by Diaz Trade Law, P.A.

Page 3: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

AGENDA

Cuba Update!

• Background

• U.S. Federal Agencies Involved

• Summary of Changes

• What’s legal NOW?

• Major Impacts to Business

• Top Tips!

• Resources

Page 4: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,
Page 5: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLLS ON CUBA SUPPORT

Page 6: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Polls of Cuban-Americans

Page 7: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Polls of Cuban-Americans

Page 8: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

AUDIENCE POLL

• Are you in favor of an end to the travel ban?

• Of an end to the embargo?

Page 9: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

THE U.S. REGULATIONS

COMMONLY REFERRED TO

AS THE “U.S. EMBARGO”

PROHIBITS FREE TRAVEL

TO CUBA.

Page 10: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,
Page 11: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Primary Legal Authority & OtherSupporting Laws & Regulations

• Trading with the Enemy Act of 1917 (TWEA)• Proclamation 3447 - Embargo on all Trade with Cuba

(Feb. 1962)• The Cuban Assets Control Regulations, 31 CFR Part

515 (July 1963)• Export Administration Regulations (EAR) (15 CFR

730 et seq.)• The Cuban Democracy Act of 1992• The Cuban Liberty and Democratic Solidarity (Libertad)

Act of 1996• Trade Sanctions Reform and Export Enhancement Act of

2000

Page 12: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

U.S. Federal Government Agencies –Key Players

• Treasury Department’s Office of

Foreign Assets Control (OFAC)

• Cuban Assets Control Regulations

(CACR)

• (31 C.F.R. Part 5151)

• Commerce’s Bureau of Industry and

Security (BIS)

• Export Administration Regulations

(EAR)

• (15 C.F.R. Parts 730-774)

Page 13: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

OFAC’s Jurisdiction Includes Both Persons And Property Subject To U.S. Jurisdiction

Persons include:

Individuals• U.S. citizens and permanent resident aliens located • anywhere in the world• Individuals, regardless of citizenship, physically • located in the United States

Entities • Organized under U.S. law, including foreign branches of U.S. companies• Physically located in the U.S., including U.S. branches, agencies and • representative offices of foreign corporations• Owned or controlled by a U.S. citizen, lawful permanent resident, or entity organized under

U.S. law.

Page 14: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

BIS Jurisdiction & License Requirements

• Exports and reexports of commodities, software, and

technology (i.e., items)

• License requirement for exports and reexports of all

items subject to the EAR unless authorized by license

exception (§ 746.2(a))

• General 25 percent de minimis level for foreign-made

items located abroad

(§ 734.4)

Page 15: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Poll:

• What date did President Obama announce the U.S. will lay

out “ a new course in our relations with Cuba?”

A. December 17, 2014

B. January 17, 2014

C. January 1, 2015

D. February 1, 2016

Page 16: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Answer:

• What date did President Obama announce the U.S. will lay

out “ a new course in our relations with Cuba?”

A. December 17, 2014

Page 17: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

IMPORTANT DATES– December 17, 2014 –

• Pres Obama announced the U.S. will lay out “a new

course in our relations with Cuba.”

– January 16, 2015 –

• Revised Cuba Regulations were officially released by

OFAC and BIS

– April 14, 2015 –

• President Obama announced his decision to REMOVE

Cuba from the State sponsor of terrorism designation

– September 21, 2015 –

• Additional Revised Cuba Regulations were officially

released by OFAC and BIS

– January 27, 2016 –

• Additional Revised Cuba Regulations were officially

released by OFAC and BIS

– March 16, 2016 –

• Additional Revised Cuba Regulations were officially

released by OFAC and BIS

Page 18: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

December 17, 2014 Promise

• Re-establishing diplomatic ties

by creating a U.S. Embassy

• Reviewing Cuba’s designation

as a State Sponsor of

Terrorism

• Facilitating remittances to Cuba

by U.S. persons

Page 19: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

January 16, 2015 Major Changes

1. Travel

2. Telecom

3. Building Materials, Tools,

Equipment and Supplies

4. Financial Services

5. Personal Imports

Page 20: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

January 16, 2015 Changes - Travel

• 12 categories of Travel Now Falling Under a

General License:

1. Family visits

2. Official business of the U.S. government, foreign

governments, and certain intergovernmental

organizations

3. Journalistic activity

4. Professional research and professional meetings

5. Educational activities

6. Religious activities

7. Public performances, clinics, workshops, athletic

and other competitions, and exhibitions

8. Support for the Cuban people

9. Humanitarian projects

10. Activities of private foundations or research or

educational institutes

11. Exportation, importation, or transmission of

information or information materials

12. Certain export transactions that may be

considered for authorization under existing

regulations and guidelines

Page 21: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Want More Information About the Original January 16, 2015 Changes?

Email [email protected]

for a copy of the article or go to

www.diaztradelaw.com

Page 22: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

April 14, 2015 TOP IMPACTS OF CUBA BEING REMOVED FROM

“TERRORISM LIST?

(1) Perception

(2) Credit

(3) Diplomacy

(4) Trade

Page 23: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

July 20, 2015

• The Embassy of the United States of America

re-opened in Havana and the Cuban

Embassy re-opened in Washington, D.C.

Page 24: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

September 21, 2015 Changes

OFAC:

• Authorized travelers can get to Cuba by “Vessel”

• Vessel can offer certain lodging services.

• “Close Relatives” can join

• Can open bank account for “authorized

transactions”

BIS:

• New Exception “Aircraft, Vessels, and Spacecraft”

(AVS) will authorize temporary sojourns to Cuba

of cargo vessels for hire for use in the

transportation of items

-Travel Related:

Page 25: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

September 21, 2015 Changes

-Telecommunications & Internet

• OFAC has authorized the importation into the U.S. Cuban-Origin mobile applications and the employment of Cuban national by persons subject

to U.S. jurisdiction to develop mobile applications, as well as authorizing

persons subject to U.S. jurisdiction to provide services related to all such items

that were exported to Cuba

Page 26: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

September 21, 2015 Changes

OFAC

• Now allows all persons subject to U.S. jurisdiction to provide goods and services to

Cuban national individuals located in a third country and banking institutions to

open, maintain, and close bank accounts for such Cuban nationals.

• Physical Presence and Operations in Cuba (The amendments authorize certain

listed activities to maintain physical presence (e.g., office space, warehouse, and

outlet space) in Cuba.)

Page 27: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

September 21, 2015 Changes

Support for the Cuban People License

Exception (SCP) now includes:

• Leases and loans

• Temporary exports

Remittances

• Removed limit on

donative remittances

Page 28: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

September 21, 2015 Changes

• Legal Services to Cuba and Cuban

Nationals (To comply with US laws,

before US courts)

• Gift Imports

• Educational Activities

• Ordinarily Incident Transactions

• Air Ambulances and Emergency

Medical Services

• Humanitarian Projects

• Supporting Diplomatic Relations

Page 29: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

WHAT ARE THE MAJOR CHANGES FROM JANUARY 27, 2016?

• Financing

• More Travel

• BIS General Approval and Denial

Policy

• The list of authorized humanitarian

projects has been expanded by

OFAC to include projects that focus

upon disaster preparedness, relief,

and response.

Page 30: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Major Travel Changes from February 16, 2016:

Air Carriers

• On February 16, 2016, The United States and Cuba signed an

agreement allowing commercial air traffic to resume between

the countries for the first time in fifty years.

• New flights are expected to operate daily by next fall (up to 110

daily roundtrip flights from the U.S.!).

• U.S. visitors to Cuba will still have to qualify under one of the

travel categories legally authorized by the U.S. government.

Page 31: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

WHAT ARE THE MAJOR CHANGES FROM MARCH 16, 2016?

Travel & Related Transactions• Build Your Own People-to-people educational travel

• Payment of salaries

• Cuban-origin merchandise

Page 32: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

WHAT ARE THE MAJOR CHANGES FROM MARCH 16, 2016?

Banking & Financial Services• U-turn payments through the U.S.

financial system• Processing of U.S. dollar monetary

instruments• S. bank accounts for Cuban nationals

Trade & Commerce • Physical and business presence• Importation of software• Cuban private sector

Grants & Awards• OFAC will authorize the provision of

educational grants and awards

Page 33: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

BIS’ March 16, 2016 Changes

• License Exception AVS:

The new rule allows for

vessels departing the

United States on temporary

sojourn to Cuba with cargo

for other destinations

Page 34: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

Is travel to Cuba for

tourism authorized?

Page 35: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

Is travel to Cuba for tourism reasons only authorized?

- No!

Despite what you see on Facebook

Page 36: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Travel, that is allowed!

• Tourism = NO!

• 12 General License / Authorized Traveler Categories:

1. family visits;

2. official business of the U.S. government, foreign governments, and certain

intergovernmental organizations;

3. journalism;

4. professional research and professional meetings;

5. educational;

6. religious;

7. public performances, clinics, workshops, athletic and other competitions, and

exhibitions;

8. support for the Cuban people;

9. humanitarian projects;

10. activities of private foundations or research or educational institutes;

11. exportation, importation, or transmission of information or information materials;

and

12. certain export transactions that may be considered for authorization under existing

regulations and guidelines.

Page 37: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,
Page 38: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,
Page 39: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,
Page 40: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

TOURISM GROWTH!

• Tourism is one of Cuba’s key sources of revenue, generating

nearly $2.4 billion of income.

• Close to 1 million visited the island in just the first quarter of 2015,

according to the country’s Tourism ministry

• Both American and United Airlines have expressed interests in

making direct flights to the island. So have Delta and Southwest!

Page 41: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

What major cruise line is planning to cruise to

Cuba in the near future?

Page 42: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

ANSWER

What major cruise line is planning to cruise to

Cuba in the near future?

• Carnival Cruise Lines – Fathom (May 1, 2016)

Page 43: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

CARNIVAL GETS APPROVAL TO CRUISE TO CUBA STARTING IN MAY 2016

• This will be the first time in over 50 years that a cruise ship will be allowed to

travel from the US to Cuba.

“Today we’ve made history,” said Arnold Donald, CEO of Carnival Corp., in a call

from Havana. “This is a historic opportunity, and we know there is pent-up

demand amongst Americans who want to experience Cuba.”

Page 44: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

CARNIVAL CRUISE LINES: MAJOR SHIP WILL DOCK IN CUBA MAY 2016

Page 45: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

AIRBNB

• Airbnb - April 1.

• Nate Blecharczyk, co-founder and CTO of Airbnb:

• “It’s not a meaningful revenue source now.” [But] “Maybe over

time.” Still, the company is putting significant marketing

muscle to advertise its presence in Cuba.

• There are several reasons for the push. “Most people expect

the number of travelers coming to Cuba to greatly increase,”

Blecharczyk says. “In that case, Airbnb can play a role in helping

Cuba accommodate many more travelers. It could become a

case study.”

Page 46: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

STARWOOD HOTELS WILL RENOVATE AND RUN THREE CUBAN HOTELS

• Starwood Hotels will renovate and run three Cuban hotels, which will return U.S. hotel chains to

the island more than 50 years after all American hotels were taken over by Fidel Castro.

• All Cuban hotels are state-owned

• A hotel owned by the tourism arm of the Cuban military will become a Sheraton Four Points.

• Specific License

Page 47: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

• How long should you keep records of

your travel to Cuba?

Page 48: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

ANSWER

• 5 Years

Page 49: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Diaz Trade Law Top Travel Tips!

1. KEEP RECORDS (we DON’T know who the next President will be, or what their stance on Cuba is) for 5 Years.

2. Ensure you DO meet one of the 12 “Authorized Traveler” Categories. NO purely “touristic” visits. ConsultOFAC’sFAQ’s, if still unsure, contact your lawyer to determine if you fit into one of the 12

3. Make sure you have a travel agenda detailing your appointments (if they don’t fill up a “FULL DAY,” you’re not done drafting it, and maybe will need a travel sponsor for your people to people mission after all).

4. If you’re participating in a ‘People to People’ mission, ask yourself (hint, at least one answer should be YES), does this agenda seek to enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities?

5. If you’re participating in a ‘People to People’ mission, check your agenda PRIOR to traveling; predominantly meeting with the government of Cuba or Cuban Communist Party Officials will NOT be an authorized trip.

Page 50: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

• Can I purchase Cuban-

origin cigars and/or Cuban-

origin rum or other Cuban-

origin alcohol over the

internet?

• What about on vacation in

Europe?

Page 51: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

ANSWER

• No – Online

• Yes – in Europe (515.204)

Page 52: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

PERSONAL IMPORTS

“Authorized travelers” to Cuba are authorized to import

into the U.S. $400 worth of goods from Cuba, of which

no more than $100 can consist of tobacco products and

alcohol combined, for personal use only.

Page 53: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

GOODS AND SERVICES THAT CAN BE IMPORTED FROM CUBA

• The State Department’s Section

515.582 List

• Categories of goods that are not

eligible for import into the United

States

• Any other goods produced by

independent Cuban

entrepreneurs and not covered

by the listed sections and

chapters of the HTS may be

imported

Page 54: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

REMOVAL OF THE DOLLAR TAX IN CUBA

Recently, the U.S. lifted a ban on Cuban access to the global bankingsystem, a longstanding Cuban demand. Foreign Minister BrunoRodriguez told reporters that Cuba will attempt a series of internationaltransactions in coming days. If they work, Cuba will eliminate the 10percent penalty (on converting U.S. dollars).

Page 55: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

OBAMA’S MARCH 2016 TRIP TO CUBA

• Rolling Stones, Baseball, Interviews and more.

“Havana is only 90 miles from Florida, but to get here, we had to travel a great distance,

over barriers of history and ideology, barriers of pain and separation,” Obama said in

the address televised across Cuba. “I have come here to bury the last remnant of the

Cold War in the Americas.”

Page 56: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

DO CUBAN ENTREPRENEURS RECEIVE A LICENSE FROM THE CUBAN GOVERNMENT?

• Persons subject to U.S. jurisdiction

importing goods, or involved in

specific business transactions, are

required to obtain evidence that

demonstrates the Cuban

entrepreneur’s independent status,

and, in the case of an entity, that the

entity is private (i.e., not owned or

controlled in whole or in part by the

Cuban government).

Page 57: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

CUBAN ENTREPRENEURIAL JOBS / Cuentapropistas (Self-Employed)

• Accountant

• Animal Caretaker

• Automobile Battery Repair

• Barber

• Bus/Train/Taxi Stop Barker

(calls out instructions to

waiting passengers)

• Button Coverer (wraps

buttons in cloth, popular in

the 50’s and 60’s)

• Engraver of Numbers

• Flower Wreath Arranger

• Folkloric Dancers

• Fortune Tellers

• Restaurant Owner (paladares)

• Used Book Seller

• Knife Grinder

• Piñata Maker/Seller

• Producer/Seller of Brooms and Brushes

• Small-Truck Driver

• Car Body Remolding

• Car Painter

• Car washer/Oil Changer

Page 58: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,
Page 59: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Since the Changes We have Seen Growth in the Cuban Economy

Page 60: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

• Is your spouses father in law a close

relative according to OFAC?

Page 61: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

• No. A close relative has to – share a

dwelling and be related by blood, marriage

or adoption (no more than 3 generations

removed). (515.561)

Page 62: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

• Can my close relatives accompany me

on a trip that I am authorized to take to

Cuba?

Page 63: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

ANSWER

• Yes, if:

You share a dwelling and are related

by blood, marriage or adoption (no

more than 3 generations removed).

(515.561)

Page 64: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Banking in Cuba

American Express and MasterCard said they'll let

customers use their credit cards in the country.

• Stonegate has confirmed it now has a debit card that will work in Cuba

• American Express (AXP) is still reviewing the new regulations and a spokeswoman

could not say when exactly the change would take place. According to the

spokeswoman: ”The end goal is to do business there," she said.

• MasterCard (MA) has said that customers will be able to use their credit cards in

Cuba

• Still, people should contact their bank before traveling to ensure that their card will

be supported there, the company said in a statement last week.

Page 65: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Telecom!

• Numerous transactions are now authorized without a

license!

Page 66: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

CUBAN INTERNET ISSUES

• Only about 13% of Cubans have computers at home, and barely 5% have internet access.

• Fewer than 1 in 5 have mobile phone subscriptions, according to the United Nations

Page 67: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

GOOGLE OFFERS FASTER INTERNET IN CUBA

• Google is opening a cutting-edge online technology center at the studio of one

of Cuba's most famous artists, offering free Internet at speeds nearly 70 times

faster than those now available to the Cuban public.

Page 68: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

• How much does

WiFi cost in public

areas across

Cuba?

Page 69: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

ANSWER

• $2 per hour!

Page 70: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

INTERNET GROWTH IN CUBA?

•In July, Cuba’s state-run telecom ETECSA installed Wi-Fi in 35 public areas across the Caribbean island

Page 71: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

• How many

broadband internet

accounts are in

Cuba?

Page 72: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

ANSWER

• 5,300

Page 73: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Netflix

• “We are not in contact with the Cuban government on content,” said Netflix spokeswoman Kari Perez. “As we do globally, what content we show depends on our licensing rights. The announcement shows our confidence in the reforms underway in Cuba and that loosened restrictions on US businesses will lead to investments in the country, including infrastructure improvement.”

• Netflix has become one of the first companies to enter Cuba’s nascent digital entertainment industry, although few consumers are likely to immediately enjoy the benefits. $8/Month

• There are only 5,300 broadband internet accounts on the Caribbean island, where low wages mean Netflix’s streaming of television and film content will cost almost half of an average Cuban’s monthly wage.

• Netflix has also stated that it wouldn’t accept Cuban Pesos, thus Cuba’s two-tiered system could create many problems on both sides

Page 74: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Communications

IDT Corp and the Cuban state firm ETESCSA have Agreed to Direct Connect

• Both companies have agreed to direct connect phone calls between the two

countries

• Previously, calls had to go through third countries such as Italy and Spain

• Boost Mobile, part of Sprint Corp., has also launched a prepaid plan allowing

US customers to call and text Cuba directly, which is the first of its kind.

Page 75: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Remittances - POLL

• What is the total U.S. dollar amount of remittances sent to Cuba

from the United States in 2013?

• In 2014?

• Projected from 2015?

Page 76: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Remittances - POLL

• What is the total U.S. dollar amount of remittances sent

to Cuba from the United States in 2013?

$2.8 Billion

• In 2014?

$3.13 Billion

• Projected from 2015?

$3.99 Billion

Page 77: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

CUBA HAS LONG HAD A MAXIMUM WAGE OF ABOUT $20 A MONTH.

• Remittances from the United States have been helping fuel private enterprise on

the island

• The limits on donative remittances to Cuban nationals other than prohibited

Cuban Government or Cuban Communist Party officials, was removed

entirely.

• The limits on authorized remittances that individuals may carry to Cuba,

previously $10,000 for persons subject to U.S. jurisdiction and $3,000 for

Cuban nationals, was also removed entirely.

“Someone receiving a remittance of $5,000, for

example, from the United States can go and

start a business or buy a small apartment,” said

Odilon Almeida, Western Union’s president for

the Americas and the European Union. “I think

remittances are changing Cuba faster than is

perceived today.”

Page 78: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Building Materials!

• The following commercially sold or donated items maynow be exported to Cuba without a license

Page 79: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Building in Cuba

The USA Today reported,

that a Cuban-American civil

trial lawyer that established

a business that sells

construction materials to

entrepreneurs in Cuba said,

"We're entering a very dark

room and feeling out way

through to get to the other

side."

Page 80: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

POLL

• Can you guess

what the average

monthly salary in

Cuba is?

Page 81: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

ANSWER

• Can you guess what

the average monthly

salary in Cuba is?

$20

Page 82: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Summary of 5 Major Changes Impacting U.S. Business –Potential Opportunities

• Travel

• Carrier service by vessel and certain lodging services — 31 CFR 515.572

• Personal imports - 31 C.F.R. 515.582

• Finance

• Bank accounts for authorized travelers. — 31 CFR 515.560 to allow all authorized travelers to open and maintain bank accounts in Cuba in order to access funds while located in Cuba for authorized transactions, and to close such accounts.

• Telecommunications

• Subsidiaries, joint ventures, and other business relationships with Cuban individuals and entities. In order to further enhance the free flow of information to, from, and among the Cuban people and to better provide efficient and adequate telecommunications services between the United States and Cuba — 31 CFR 515.542 and 515.578

• Remittances

• 31 CFR 515.570(b) to remove the limitation on donative remittances

• 31 CFR 515.560(c)(4)(i) to remove the limitation on certain authorized remittances that authorized travelers may carry to Cuba

• Building Materials

• 15 CFR § 740.21 — New License Exception Support for the Cuban People (SCP) , among other provisions, authorizes the export and reexportto Cuba, without a license, of certain commercially sold categories of items:

• building materials, equipment, and tools for use by the private sector to construct or renovate privately-owned buildings, including privately-owned residences, businesses, places of worship, and buildings for private sector social or recreational use;

• tools and equipment for private sector agricultural activity; and

• tools, equipment, supplies, and instruments for use by private sector entrepreneurs.

• Items eligible for this provision must be designated as EAR99 or controlled on the Commerce Control List (CCL) (15 CFR Part 774,Supplement No. 1) only for antiterrorism (AT) reasons.

Page 83: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

REALITIES

• Average Monthly salary in Cuba is $20/month

• In most cases. U.S. persons can ONLY do business with

“PRIVATE” entrepreneurs in Cuba (difficult to prove one

is “Private”)

• Financial institutions are still cautious

• Still need Specific Licenses for MOST transactions

• PATIENCE is required for business in Cuba

Page 84: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Top 10 Tips When Exporting To Ensure Compliance

• Export Compliance Steps

1. What is YOUR product?

i. Know your product and Supplier

ii. Request samples in advance of exportation

2. Which agency regulates YOUR product?

3. What is YOUR product classification? Classify your product correctly according to the Commerce Control List (CCL) or the United States Munitions List (USML)

4. Does YOUR product need a license?

5. Ensure the end user is not prohibited, Ensure the end uses are not prohibited

6. Check Consolidated List at http://export.gov/ecr/eg_main_023148.asp

• Ensure you have a Formal Written Compliance Program!!!

• DO your DUE DILIGENCE!

For a copy of the TOP 10 TIPS WHEN EXPORTING go to www.diaztradelaw.com

Page 85: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Customs & Trade Blog

• SUBSCRIBE TODAY AT:

http://customsandinternationaltradelaw.com/

Page 86: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Cuba Blogs

• Build Your Own ‘People to People’ Mission & More Cuba Changes, March 1, 2016

• Up to 110 Daily Flights from the U.S. to Cuba, February 23, 2016.

• Top 10 Changes with Cuba as a Result of MORE NEW Revised OFAC and BIS Regulations, February

5, 2016

• Update on U.S. Laws Regarding Commerce with Cuba, November 25, 2015

• “TOP 11 NEW Business Opportunities with Cuba as a Result of NEW OFAC and BIS

Laws, September 28, 2015

• 3 Part Seminar Series You DON’T Want to Miss!, August 6, 2015

• Embassies and Island Wide Wi-Fi by July in Cuba, July 1, 2015.

• Doing Business in Cuba: What’s Next? Live Webinar, June 23, 2015.

• Top Impacts of Cuba Being Removed From “Terrorism List”, May 29, 2015.

• Hear How Companies are SUCCESSFULLY Doing Business with Cuba, May 14, 2015.

• In Tampa? Meet the Expert, May 12, 2015.

• OFAC Publishes NEW FAQ on Cuba, April 16, 2015.

• Urban Land Institute Discusses New Trading Opportunities with Cuba, April 2, 2015.

• Revised Cuba Regulations Officially Released, January 16, 2015.

• TOMORROW Updated Cuban Assets Control Regulations Take Effect, January 15, 2015.

• TOP Questions and Answers on Obama’s Cuba Announcement, December 19, 2014.

• Congressional Response to President Obama’s Announcement on Future Relations with

Cuba, December 18, 2014.

• Business with Cuba – What’s Legal and What’s Not?, December 17, 2014.

Page 87: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

Resources

• OFAC

• New Law

• https://www.federalregister.gov/articles/2016/03/16/2016-

06018/cuban-assets-control-regulations

• Frequently Asked Questions Related to Cuba

• https://www.treasury.gov/resource-

center/sanctions/Programs/Documents/cuba_faqs_new.pdf

• BIS

• New Law

• https://www.federalregister.gov/articles/2016/03/16/2016-06019/cuba-

revisions-to-license-exceptions-and-licensing-policy

• Frequently Asked Questions Related to Cuba

• https://www.bis.doc.gov/index.php/forms-

documents/doc_download/1446-bis-cuba-consolidated-faqs

Page 88: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

More Resources• Unverified List

• http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-

concern/unverified-list

• Entity List

• http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-

concern/entity-list

• Specially Designated Nationals List

• http://www.treasury.gov/resource-center/sanctions/SDN-

List/Pages/default.aspx

• U.S. Munitions List

• http://pmddtc.state.gov/regulations_laws/documents/official_itar/ITAR

_Part_121.pdf

• Commodity Jurisdiction requests

• http://pmddtc.state.gov/commodity_jurisdiction/index.html

• OFAC – Specific License Request

• https://www.treasury.gov/resource-

center/sanctions/Pages/licensing.aspx

• D-Trade Information Center

• http://pmddtc.state.gov/DTRADE/index.html

Page 89: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

About Us

• Diaz Trade Law• http://www.diaztradelaw.com/

• Cuba Experience• http://diaztradelaw.com/cuba/

• Cuba VIDEO• https://youtu.be/FfDyrZZqTQ4

• Diaz Trade Law Blog• http://diaztradelaw.com/news-articles/

• Jennifer R. Diaz• http://diaztradelaw.com/jennifer-diaz/

Page 90: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

ANY QUESTIONS?

Page 91: UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA · 5/17/2016  · Jennifer R. Diaz, Esq. Jen@diaztradelaw.com Board Certified International Attorney Founding Partner Diaz Trade Law,

UPDATE ON U.S. LAWS REGARDING COMMERCE WITH CUBA

Jennifer R. Diaz, Esq.

[email protected]

Board Certified International Attorney

Founding Partner

Diaz Trade Law, P.A.

Office: (305) 456-3830

Cell: (305) 724-3281

Caribbean Shipping Association

Cocoa Beach, FL

May 16-18, 2016