PT Law Expert on CNBC: Cuba, Buyer Beware

Screen Shot 2014-12-20 at 5.48.49 AM(Washington, DC) President Barack Obama announced yesterday a series of historic changes in U.S.-Cuba relations that will likely result in significant changes to U.S. law and policy. 

To discuss the potential impact on US businesses of this matter, Poblete Tamargo’s Jason Poblete was a guest this morning on CNBC’s Squawk Box.

There are two key points that Poblete has stressed for several years about potential investments in Cuba that he shared with CNBC in March 27 phone interview, and stressed again this week: You need a stable legal system that protects investor rights and has a path to resolve disputes. At this juncture, neither exists.

Moreover, there is no such thing as private property rights on the island. Until these and other matters change, including a clear resolution on US Certified Cuba Claims and economic sanctions, American companies and individuals who are allowed to do business in Cuba pursuant to US law, must be extremely cautious (podcast).

Despite the cautionary note, the announcement does move the US-Cuba relationship in to a new phase. It will be worth playing closer attention to the situation in 2015. 

A partial video clip of the December 19 interview is available here and here

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POLITICO: The Democrats’ risky Cuba bet

(Miami, Florida) PT Law Senior Policy Advisor Andy Gomez was quoted in POLITICO this week on the potential impact on US electoral politics of President Barack Obama’s decision to pursue a new approach for US-Cuba relations. The “2000 (Elian Gonzalez) raid was also a turning point … [w]e’ve come to terms that this has been going on for 55 years and there have never been major changes,” he said. “I would say Elian Gonzalez was a real turning point in people starting to question how effective American policy is.” You can read the entire POLITICO story here.

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Miami Herald: After a half century, a thaw in U.S.-Cuba ties

Poblete Tamargo’s Senior Policy Advisor Andy Gomez was quoted in the Miami Herald on today’s announcement that the United States may be easing economic sanctions on Cuba: Miamian Andy Gomez, a senior policy adviser for the Poblete Tamargo law firm in Washington, said he was taking the news of changes with a grain of salt. “Business is driving politics to a great extent,” he said. “I’m very cautious. I need to see what the next meeting in Havana will bring.” You can read the entire Miami Herald story, here.

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Privacy, Data Protection & Security

With increased media and government scrutiny of data privacy matters, customers are demanding more from businesses and the government. Customers expect the information they give you is safe from unauthorized use by your employees or outsiders. Indeed, government regulators around the world are also starting to encourage, and in some cases require, companies to protect their citizens’ privacy. Market forces and government regulations are forcing many corporations how to apply protection standards. For many companies and organizations – small and large – the question is how?

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Additional Reading

  • Gramm-Leach-Bliley Act of 1999 (GLB)
  • Fair Credit Reporting Act of 1970 (FCRA)
  • Fair and Accurate Credit Transactions Act of 2003 (FACTA)
  • Health Insurance Portability and Accountability Act of 1996 (HIPAA)
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  • Telecommunications Act, Communications Decency Act Electronic Communications Privacy Act of 1986 (ECPA)
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  • Foreign Intelligence Surveillance Act of 1978 (FISA)
  • Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act)
  • Communications Assistance for Law Enforcement Act of 1994 (CALEA)
  • Right to Financial Privacy Act of 1978 (RFPA)
  • National Security Letters (NSLs)