Author: Poblete Tamargo LLP

Congress Introduces Resolution Urging Unconditional Release of Nizar Zakka and all U.S. Persons Held Unlawfully in Iran

On May 4, several members of Congress, including the Chairman of the House Committee on Foreign Affairs’ Subcommittee on the Middle East and North Africa, Rep. Ileana Ros-Lehtinen (R-Fla.), introduced H. Res. 317, a resolution calling for the unconditional release of United States citizens and legal permanent residents being held for political purposes by the Iranian regime.

The legislation includes Mr. Nizar Zakka, a United States legal permanent resident and Lebanese national, whose health is in a dire state, was unlawfully detained on September 18, 2015, in Iran after attending a women’s Arab Information and Communication Technologies (ICT) conference, at the invitation of Iranian government officials, and was later falsly charged of being a spy sentenced to 10 years at Evin prison.

Congresswoman Ros-Lehtinen released the following statement regarding the resolution:

“The obvious result of paying a rogue regime a ransom for the return of hostages was that it would incentivize the taking of even more hostages. And that is precisely what happened when Iran was paid a $1.7 billion ransom for American hostages. Since then, Iran’s Revolutionary Guard Corps has taken hostage Siamak and Baquer Namazi, Karan Vafadari and at least one other American citizen, as well as permanent legal residents Nizar Zakka and Afarin Niasari, sentencing them on trumped up charges. What’s worse is that Iran is now using this hostage taking tactic with dual-nationals of other western nations, like the UK, France, Germany and Canada, in order to exact political and financial concessions. 

“All responsible nations must send a strong message to the regime in Tehran that this tactic will not pay off – the regime must release all hostages unconditionally. We must also hold the Iranian regime accountable for locating and returning Congressman Deutch’s constituent, Robert Levinson, who went missing in Iran in 2007 and is the longest held civilian hostage in America’s history. That is why Nita Lowey, Ted Poe, Ted Deutch and I introduced this resolution, and why we will continue to press Iran to release all hostages.”

Mr. Zakka’s attorney, Mr. Jason Poblete, released the following press release after the introduction of the resolution to the Congress;

 

 

Prior Statements and Releases

• UPDATE 7- Statement on the Continued Unlawful Detention of Nizar Zakka
• UPDATE 6- Statement on the Continued Unlawful Detention of Internet Freedom Advocate Nizar Zakka
• UPDATE 5- The Continued Unlawful Detention of Nizar Zakka
• US LPR Zakka Meets With Iranian Prosecutor, Lebanese Ambassador to Tehran
• UPDATE 4-Statement on the Continued Unlawful Detention of Internet Freedom Advocate Nizar Zakka
• UPDATE 3- Zakka Starts Hunger Strike, Demands Unconditional Release
• UPDATE 2- Nizar Zakka Celebrates 2nd Birthday as a Hostage in Iran
• UPDATE 1- The Continued Unlawful Detention of Nizar Zakka, Unconditional Release on Humanitarian Grounds Urged
• The Continued Unlawful Detention of Nizar Zakka, Unconditional Release on Humanitarian Grounds Urged

In 1959, as the Castro regime took control of Cuba, they nationalized all property owned by Americans on the island. This remains one of the largest uncompensated confiscations of American owned properties in U.S. history. Resolution of the claims which arose out of those expropriations remains a major obstacle towards normalizing relations with Cuba.

Though the Obama administration announced the renewal of diplomatic relations, and held approximately 4 meetings with the Cuban government to discuss a claims resolution, little to no progress was made towards reaching a settlement. As a new administration takes shape in the White House, many claimants have renewed hope that a deal may be coming in the near future.

CubaTrade Magazine wrote an article on the resolution of Cuba property claims in this months publication.

The article discusses the differences between how claims could be settled for corporations and individuals. Out of the 5,913 claims that were certified by the Foreign Claims Settlement Commission, 900 belonged to corporations. The remaining 5,013, or approximately 85% were filed by individuals.

The Cuban government now owes over $8 billion to U.S. citizens and corporations. Many of the corporations, including several Fortune 500 firms such as Coca-Cola, Exxon, Colgate Palmolive, General Electric, and Starwood Hotels, became claim holders after merging with or acquiring other companies that had held claims.

Many of these corporations have voiced interest in “swapping out” their claims for the opportunity to invest in Cuba. As explained in the article, proposed settlement of individual claims could come from a pro-rata distribution of money that the Cuban government could raise from imposing new export duties. Other proposed methods include giving shares to claimants for any investment projects that use their property or land.

Mauricio Tamargo, former Chairman of the Foreign Claims Settlement Commission, and law partner with Jason Poblete, represent over 20 individuals with certified claims. Following the announcement of renewed diplomatic relations between the United States and Cuba in 2014, the interest in settlement has accelerated. With a new administration in the White House, a similar sort of anticipation is in the air.

“President Trump has already indicated that he’s a very good dealmaker, so my clients are hoping he puts those skills into settling their certified claims,” Tamargo said. “We need to get the claims negotiated and settled.”

The complete editorial in Cuba Trade Magazine can be read here.

On April 13, the Treasury Department’s Office of Foreign Assets Control issued sanctions against Iranian entities for human rights violations. The press release states;

“OFAC also designated the Tehran Prisons Organization and Sohrab Soleimani, a senior official within Iran’s State Prison Organization, in connection with serious human rights abuses in Iran. These designations are pursuant to E.O. 13553, which targets serious human rights abuses by officials of, and persons acting on behalf of, the Government of Iran since the June 2009 Iranian election.”

The following statement was issued on behalf of Mr. Nizar Zakka and his family by Mr. Zakka’s attorney in the United States, Mr. Jason Poblete following this release;

“By imposing economic sanctions on Iran’s State Prison Organization and Sohrab Soleimani, President Trump is reminding Iranian officials that the act of unlawfully holding Americans, U.S. Legal Residents, as well as persons from other nations, hostage comes with consequences. Human rights abusers will be held accountable.”

 

 

The updates to the Treasury Department’s SDN List can be found here.

The press release by OFAC titled “Treasury Takes Action to Target Serious Human Rights Abuses in Iran” can be found here.

Prior Statements and Releases

• UPDATE 6- Statement on the Continued Unlawful Detention of Internet Freedom Advocate Nizar Zakka
• UPDATE 5- The Continued Unlawful Detention of Nizar Zakka
• US LPR Zakka Meets With Iranian Prosecutor, Lebanese Ambassador to Tehran
• UPDATE 4-Statement on the Continued Unlawful Detention of Internet Freedom Advocate Nizar Zakka
• UPDATE 3- Zakka Starts Hunger Strike, Demands Unconditional Release
• UPDATE 2- Nizar Zakka Celebrates 2nd Birthday as a Hostage in Iran
• UPDATE 1- The Continued Unlawful Detention of Nizar Zakka, Unconditional Release on Humanitarian Grounds Urged
• The Continued Unlawful Detention of Nizar Zakka, Unconditional Release on Humanitarian Grounds Urged

Two months ago, the Trump administration announced a total review of US-Cuba policy. Though there have been several proposals circulating Capitol Hill, it is still unclear as to which direction the new Administration will take in dealing with the Cuban government.

Little has been said over the past months by the Trump team concerning Cuba, and it seems an official policy will not be clear until several key positions are filled at the State Department and other agencies. Florida Senator Marco Rubio has advocated for a tougher policy towards Cuba and has held at least 3 meetings with the President on the matter. In an article by The Miami Herald, Rubio stated, “I am confident that President Trump will treat Cuba like the dictatorship it is and that our policy going forward will reflect the fact that it is not in the national interest of the United States for us to be doing business with the Cuban military.”

The article goes on to discuss some of the proposals that have been circulated, including one by Florida Congressman Mario Diaz-Balart. A White House official said in a statement included in the article that, “This appears to be an unofficial DRAFT memo which is not consistent with current formatting and may be a Transition document. Some of the language is consistent with what the President said during the campaign, which is guiding the review of U.S. policy toward Cuba,” the official said. “The review is not complete and therefore there is no further comment at this time.”

PobleteTamargo attorney Jason Poblete commented on these statements, saying, “Cuba must be treated for what it is and not, as the Obama administration did, what it wished Cuba were. Cuba remains a Communist, totalitarian police state that allies itself with American adversaries and enemies, including state sponsors of terror and terrorist organizations.”

As the issue picks up steam, and talk of reversing parts, if not all of the policies implemented by the Obama Administration increase, lobbyists continue to press the Congress for decreased regulations on trade and commerce. These efforts, however, have not swayed some members, and as the Miami Herald states, “Rubio’s statements, nevertheless, hint that Trump policies may target the Cuban military. House Speaker Paul Ryan last year also proposed banning U.S. companies from doing business with Cuba military enterprises.”

The full article by The Miami Herald can be found here.

Jason Poblete was recently interviewed by one of the oldest newspapers in Nicaragua, La Prensa, about the importance of strong and transparent legal systems to help strengthen democracy.

When asked about the role of the Organization of American States (OAS) in dealing with problems in Nicaragua, Poblete stressed that the most effective advocates for rule of law are in Nicaragua, not in international organizations; however, the OAS could have a constructive role in the process but reforms of the inter-American system are long overdue.

“The government is abusing the legal system to target political opposition. That needs to change. The OAS could help by highlighting the abuses rather than condoning repression by inaction,” Poblete said.

The original article in La Prensa (in Spanish) can be found here.