Author: Poblete Tamargo LLP

The Bronx Museum has postponed an exhibition showcasing Cuban artwork on loan by the National Museum of Fine Arts in Havana (“MNBA) following delayed arrangements by Cuba. The joint initiative between the two galleries titled “Wild Noise” originally planned to host two exhibitions that would exchange works of art between nations. The first installment of American art displayed in Havana took place last summer. Cuba, however, is now reluctant in loaning the State-owned collection to The Bronx Museum fearing that it will never be returned once in the hands of Americans.

Regardless of the numerous cultural regulations that were lifted by the Obama administration, artwork subject to US certified claims against Cuba can still be confiscated the moment it lands on American soil.

Mauricio Tamargo, Former Chairman of the Foreign Claims Settlement Commission and attorney at PobleteTamargo, discussed the parameters of the embargo and property confiscation with The Art Newspaper stating; “You can’t really have commerce until the embargo is lifted and until Cuba pays compensation to more than 6,000 American claimants.”

“This is the largest confiscation of American property in history. It’s something that can’t be ignored. As much as everybody would like to have normal relations with Cuba, this has to be resolved first.”

– Mauricio Tamargo

Though the State Department has ensured the security of foreign nations’ art at various US museums in the past, in the case of Cuban-owned artwork, “even an executive order from the White House granting the museum immunity from seizure for art on loan from Havana is not an option, since the US president lacks the authority (and probably the will) to override an embargo that has been affirmed by the US Congress,” says Tamargo.

The Bronx Museum still plans on hosting the MNBA collection despite Cuba’s hesitance. In a statement regarding the postponed show they stated; “There has been tremendous and rapid change in a wide range of activities with Cuba; not long ago no one would have imagined that we could have exhibited works from our collection there, as we successfully did in 2015… we are planning for the exhibition at the Bronx Museum in January 2017.”

According to an outside publicist for The Bronx Museum, MNBA’s requests for immunity from confiscation are currently “in process.” Loaned artwork from the state-owned MNBA will be at risk of seizure in the US as long as the US embargo is in place. Only after all of the US property claims have been satisfied, including the return of cultural items and art, will immunity for Cuba’s collection be an option.

The full article in The Art Newspaper can be found here.

In the June 1 radio episode, Tomas Cardoso and Cary Roque, reporters with Martí News, speak with attorney Jason Poblete on the US embargo towards Cuba and the policy of the Obama administration with analysis of a recent Tampa Bay Times article.

The second part of the program includes commentary from human rights activist Victor Manuel Duenas.

The interview, in Spanish, can be found here. 

Following the recent deal between Starwood Hotels & Resorts and the Government of Cuba facilitating the operation of three hotels in Havana, speculation quickly arose as to the status of the hotel company’s claim against the island nation. Earlier this year, the resort signed two management contracts with three Cuban military enterprises which control Cuba’s tourism industry. According to an article in Bloomberg BNA, the Cuban military will serve as the owners and majority partners in the Havana locations as Starwood takes on renovations of the three hotels in Havana.

The article goes on to describe the optimism amongst entrepreneurs in both the hospitality and agricultural industries in future business ventures with the Castro regime. The Office of Foreign Asset Control gave Starwood the required authorization necessary under the embargo to sign the deal. Whether the Hotel’s claim against Cuba has changed, however, remains unknown as all parties involved refused comment to Bloomberg journalists.

The Starwood claim is the 10th largest certified claim against the government of Cuba, authorized by the Foreign Claims Settlement Commission. Mauricio Tamargo, attorney at PobleteTamargo, and former chairman of the Foreign Claims Settlement Commission, who certified the hotel’s claim during the second program through the State Department, says that “the US government shouldn’t facility any other business opportunities on the island until the Cuban government agrees to pay the certified claims in full.”

“We’ve passed the point of unrestricted concessions to the Cuban government,” Tamargo, of the law firm PobleteTamargo LLP, told Bloomberg BNA. “We need to focus on a settlement of these claims, as the law calls for.”

“The pieces of a deal are in place now to make a deal, but once Obama leaves office, I think it changes and it might be a different kind of deal,” Tamargo said. “And I think the Cubans might not like the deal that may follow.”

The article in Bloomberg BNA can be read here.

The United States Commission on International Religious Freedom (USCIRF) has released it’s annual reports on the state of Religious Freedom throughout the globe. Countries are broken into three categories, Tier 1, Tier 2 and Other countries of interest based on the level of concern for religious liberties. Cuba is considered a Tier 2 country, along with other nations such as Afghanistan, Russia and Turkey. 

In the most recent findings on religious freedom conditions in Cuba, USCIRF found that increased government intervention and threats to permanently close and demolish church properties created a significant deterioration of religious liberties on the island. 

As stated in the report; “While the Cuban constitution guarantees freedom of religion or belief, this protection is limited by other constitutional and legal provisions.” In the discussion of continued targeting and harassment of independent religious communities, USCIRF makes note of the Cuban governments relentless persecution of the Apostolic Movement. Targeted harassment includes; “short-term arrests of leaders; government-organized mob attacks; confiscations, destruction of, or threats to destroy church property; harassment and surveillance of church members and their relatives; fines on churches; and threats to leaders and members of loss of employment, housing or educational opportunities.” 

Especially concerning is the continued harassment of Apostolic Reformation Revered Yiorvis Bravo Denis. The government of Cuba continues their attempts in seizing his family home and church. We are particularly pleased the USCIRF has taken notice of Reverend Bravo’s case and continue to urge the OAS to take action on our request.

Attorneys with PobleteTamargo LLP represent Reverend Bravo Denis and the Apostolic Movement of Cuba before the Organization of American States (OAS)’s Inter-American Commission for Human Rights (IACHR).

The full report on Cuba can be read here.