eMerge Americas 2016

The eMerge Americas 2016 Conference was hosted in Miami, Florida last week during which two sessions were held regarding U.S. policy toward Cuba. Moderated by NBC-Telemundo 51’s Alejandra Molina, the panel included President and CEO of Stonegate Bank, Dave Seleski; Brookings’ Ted Piccone and PobleteTamargo attorney, Jason Poblete. 

During the discussion about the potential of a future Cuba market, Poblete stressed caution to U.S. companies before engaging in Cuba transactions. While there are opporunities, albeit limited, especially in telecommunications, travel, healthcare, and agriculture, Cuba remains subject to a comprehensive economic embargo and, in practice, there is no private sector in Cuba.

Poblete also stressed that companies that could engage in Cuba transactions also needed to be mindful of confiscated properties in Cuba, the claims for which are held by American citizens. Cuba owes U.S. taxpayers close to $8 billion for these claims and, under U.S. law, it is illegal to traffick in these properties without U.S. government authorization to do so. 

Further information vist the eMerge website. The video of the presenation should be available shortly. 

 

PobleteTamargo Honored to be Part of Bipartisan WWII Guam Reparations Legal Team

On March 28, the bipartisan group called Guam World War II Reparations Advocates, Inc. announced that they will be forming a non-profit that will file suit against the US government in attempts of receiving compensation and recognition for the suffering experienced during WWII.

This decision comes after many decades of failed attempts at seeking war reparations for the citizens of Guam. War reparations have been provided to other survivors of the very same war but the citizens of Guam received far less in comparison.

Led by Senator Frank Blas Jr., the bipartisan group includes many congressmen including Senators Jim Espaldon, Tony Ada, and Tina Muna Barnes. Guam Delegate Madeline Bordallo, who supports the groups actions, has brought up the issue numerous times in Congress. She has introduced the Guam World War II Loyalty Recognition Act that has passed in the house five times but has yet to clear the Senate. 

During World War II, Guam was the one of the only pieces of American land occupied by enemy forces. Many natives of Guam endured two years of Japanese rule. As Senator Blas Jr.,, the nation of Guam is losing members of the island’s greatest generation on a daily basis and the US government should recognize and honor the suffering they endured.

The announcement has been covered in various articles including “Bi-Partisan Non-Profit Group to Sue Federal Government for War Reparations” by PNC News First. As stated in the article, the group will be represented by attorneys Mauricio Tamargo and Jason Poblete at PobleteTamargo LLP.

“Cuba al día” by Martí News – On Travel & Trade Regulations With Cuba

On March 15, Martí News spoke about the upcoming Presidential trip to Cuba on the show “Cuba al día”.

In the first part of the radio show, Martí reporters Tomas Cardoso and Cary Roque discuss the recent regulation amendments to travel and trade with Cuba by the US government with analysis provided by Jason Poblete, attorney at PobleteTamargo.

The second portion includes an interview with Guillermo Farinas, who received an invitation to participate in a meeting at the US Embassy in Cuba during President Obama’s visit.

The interview, in spanish, can be found here.

Havana’s Grand Theater Serves as Stage for Another American President

In an article from the International New York Times, New York Times reporter Victoria Burnett discusses President Obama’s recent trip to Cuba. Last week, the president spoke at the Gran Teatro de La Habana Alicia Alonso, a building that had been confiscated by the Cuban government after the 1959 Communist takeover.

The Gran Teatro was once known as the Galician Center “built with money from Cuba’s large Galician community from Spain.” It is one of many buildings that was confiscated by Fidel Castro in the revolution. 

Burnett writes, “1898 Compañia de Recuperaciónes Patrimoniales, a Spanish organization, said that it represents $1 billion worth of claims by previous owners of property in Cuba seized by the government. Claims in the United States are about double that amount.”

PobleteTamargo attorney, Jason Poblete, who represents owners of confiscated Cuban properties had suggested that the President “pick a place that’s neutral,” instead of using “someplace that was stolen from people who were never made whole for it.”

The complete article can be read here.

US-Cuba Thaw Ignores Embargo

On February 29, The Washington Examiner published an article discussing the President’s recent announcement about his upcoming visit to Cuba. In “US-Cuba Thaw Ignores Embargo” the author examines the many aspects of US-Cuba relations that have yet to be addressed by the Obama administration. 

Not only has the president allowed for more travel to the island, he has granted commercial flights and ferry services, as well as allowing the first American factory to open in Cuba. The one crucial factor of the embargo that the President has yet to address are the 5,913 certified property claims against Cuba. The article explains;

“At the time of the Cuban revolution in 1959, Americans and American companies were the largest foreign investors on the island. The new Cuban communist government seized that property, regardless of who owned it.

Some American companies lost millions of dollars in property, and many more individuals lost plantations and homes, some passed down through generations.”

The embargo against Cuba cannot be lifted until the Cuban government has paid for the confiscated property, as outlined under the 1996 Helms-Burton Act.

“Nothing has been done on the one issue that we put defenses in place to deal with, which is the property issue,” said Jason Poblete, whose law firm Poblete Tamargo represents several claimants. “You can’t really avoid it because it’s the reason that the embargo was put in place in the first place.”

This issue goes beyond the claimants as those hoping to do business in Cuba should consider the legal consequences of conducting business on stolen property. Under US law, it is illegal to do business on confiscated property. It is clear that the Obama administration is continuing to ignore the issue of property claims in its negotiations with the Castro Regime.

“The settling of claims is pretty much the linchpin in all of this because you can’t drive foreign policy on human rights improvements alone. There are always economic interests,” Poblete said.

It is premature for anyone to get excited about the President’s upcoming visit to Cuba. Just like we have seen with the issue of human rights abuses, which have increased since the US and Cuba have begun renewing ties last year, little concrete actions have occurred addressing the issues surrounding the embargo. Discussions and meetings are nice, but until actual changes are made and the President and the administration take concrete action, little has improved in US-Cuba relations.