Akerman Cuba Practice

Transcription

1 Akerman Cuba Practice President Barack Obama s 2014 move to restore diplomatic ties to Cuba will include sweeping changes to U.S. sanctions on the island and will mark a new era in bilateral relations that will give rise to new commercial opportunities. Akerman has been at the cutting edge of Cuba policy for a decade, leading frontline discussions among the U.S. government and industry leaders on the future of U.S. Cuba relations. Our Cuba Practice has a long-established track record of counseling clients in connection with business interests on the island. Our dedicated team of attorneys and government affairs professionals routinely handles complex Cuba-related matters, leveraging our relationships with officials at the U.S. departments of State, Commerce, and Treasury who are responsible for regulating transactions involving Cuba. Our team likewise maintains high-level relationships in Cuba with professionals who oversee the activities of foreign companies on the island. Akerman provides industry-leading legal and regulatory guidance, market research, business intelligence, government affairs support, and overall project management for Cuba matters. We collaborate with other U.S. and International firms as Special Counsel on Cuba regulatory issues. Service Offerings Conduct negotiations with Cuban entities for licensed transactions with U.S. entities, including meetings with Cuban business and governmental officials, drafting and negotiations of agreements, and procurement of collateral U.S. permits for exports Accompany U.S. business executives to Cuba to provide counsel on permissible activities in industries covered by existing licenses, such as agriculture, telecommunications, and pharmaceuticals, among others Sophisticated industry research and business intelligence on conditions and political developments inside Cuba, customized for each clients needs Counsel regarding licensing and enforcement matters before the U.S. Treasury Department s Office of Foreign Assets Control (OFAC) and the U.S. Commerce Department s Bureau of Industry and Security (BIS) Media contact assistance in connection with Cuba activities Comprehensive market analyses for project and/or market-entry planning with an emphasis on business development Facilitate trademark protections in Cuba for U.S. firms Due diligence investigations for non-u.s. entities in relation to proposed activities in Cuba, including researching U.S. claim holders, potential adverse consequences under U.S. law and regulations (Helms-Burton opinions), and advising on U.S. policy issues

2 Understanding the Policy Landscape Some U.S. sanctions on trade with Cuba are codified by law and are unlikely to end abruptly. However, the White House has recently moved to increase the number of industries that can engage in projects on the island, including: Banking and financial services providers Telecommunications and Internet companies Food and agriculture exporters Medicine and medical device manufacturers Suppliers of residential building materials Makers of farm equipment and agricultural technologies Transportation services providers Although the pace and scope of future reform in other sectors is uncertain, proactive companies will have a competitive edge in their industries when new opportunities do arise. Relationships and Credibility Matter The unique challenges Cuba poses require a familiarity with the U.S. federal bureaucracy and relationships with select officials. In serving our clients, Akerman works closely with officials at the U.S. departments of State, Commerce, Treasury, Agriculture, and the Federal Communications Commission, as well as the national security staff who oversee U.S. relations with Cuba. Akerman s Cuba team has spent years developing relationships with key decision makers in Cuba who oversee the activities of U.S. entities on the island. Our lawyers and professionals have built a reputation as authoritative sources on Cuba issues and have appeared on or been quoted in the New York Times, the Wall Street Journal, The Financial Times, Forbes, Businessweek, Bloomberg Television, Time Magazine, National Public Radio, BBC, and CNN en Español. In addition, team members Pedro Freyre and Augusto Maxwell are in their fifth year co-teaching a seminar on Cuba at Columbia Law School.

3 Representative Experience Telecommunications Company Representation of a telecommunications company in connection with the establishment of telephone services between the U.S. and Cuba, including assistance in negotiating with Cuba s telecommunications authorities U.S. Healthcare Company Representation of a publicly traded U.S. healthcare company in connection with the acquisition of a South American entity having activities in Cuba Energy and Hospitality Companies Representation of energy and hospitality companies in connection with compliance issues for prospective Cuba-related projects and activities Beverage Company Representation of a major European beverage entity regarding the U.S. legal implications of an acquisition involving Cuba European Airline Representation of a European airline in connection with the proposed leasing of jet airliners for flights to Cuba U.S. Manufacturer Representation of a U.S. manufacturer in connection with the preparation and presentation of a comprehensive study on post embargo activities for the company s senior management U.S. Travel Provider Representation of U.S. travel providers before OFAC in connection with major audit of licensed activities Travel, Carrier, and Remittance Services Long-standing representation of several U.S. companies in all aspects of providing travel and remittance services between the United States and Cuba Agriculture Represented client in negotiating the first sale of Florida cattle to Cuba in 2004 Art Collector Representation of an art collector in connection with determining the authenticity and provenance of Cuban art masterpieces Foundations Representation of a leading U.S. NGO in connection with unauthorized travel to Cuba

4 Our Team Pedro Freyre Chair, International Practice Pedro Freyre is chair of Akerman s International Practice. He is a nationally recognized authority on the U.S. Embargo on Cuba. Pedro advises U.S.-based companies on the types of business transactions that are legal in Cuba under the U.S. embargo, helps U.S. entities that are engaged in authorized activities in connection with entering the Cuban market, and advises foreign entities that are involved in Cuba business on implications with U.S. law. Augusto Maxwell Chair, Cuba Practice augusto.maxwell@akerman.com Augusto Maxwell is chair of Akerman s Cuba Practice and has travelled extensively to the island in representation of U.S. clients. He is a Lecturer of Law at Columbia University School of Law, where he co-teaches a seminar titled Cuba: Law Policy and Transition. Carlos Méndez-Peñate Co-chair, Latin America & the Caribbean Practice cmp@akerman.com Carlos Méndez-Peñate is co-chair of Akerman s Latin America & the Caribbean Practice and he focuses his practice on investing and financing matters in the region. In association with the Council of the Americas, Carlos is a regular participant in highlevel delegations to Cuba during which economic reform and entrepreneurship issues are discussed with high-ranking Cuban government officials and foreign diplomats.

5 Matthew Aho Consultant Matthew Aho helps clients identify and pursue opportunities at the nexus of Cuba policy and business. During his years at the Council of the Americas, the Western Hemisphere s premiere business membership organization, Matthew led efforts to unite senior executives of select-fortune 500 companies with officials from the U.S. departments of State, Commerce, Treasury, and the National Security Council to discuss topics including financial services, telecommunications, energy, pharmaceuticals, hospitality, and agriculture. Matthew is a recognized authority on the legal and regulatory frameworks comprising the U.S. embargo on trade with Cuba and frequently accompanies clients on trips to the island. He is also a member of the Cuba Study Group. (Not admitted to the practice of law) About Akerman Akerman LLP is a leading transactions and trial law firm known for its core strengths in middle market M&A, within the financial services and real estate industries, and for a diverse Latin America practice. With more than 600 lawyers and government affairs professionals and a network of 20 offices, Akerman is ranked among the top 100 law firms in the U.S. by The National Law Journal NLJ 350 (2014). We also are ranked among the top 50 law firms for diversity in The American Lawyer s Diversity Scorecard (2014) Akerman LLP. All rights reserved. Prior results do not guarantee a similar outcome.