Cuba Trade Opportunities: What You Should Know

Transcription

1 Cuba Trade Opportunities: What You Should Know August 8 th, 2016 Jay Brickman, Vice President, Government Services & Cuba Service, Crowley Maritime Alan W. Christian, Senior Export Policy Analyst, Bureau of Industry & Security (BIS) Charles Bishop, Attorney, Sanctions Coordinator, OFAC Jen Diaz, President, Diaz Trade Law

2 Department of Commerce Bureau of Industry and Security (BIS) Cuba Regulatory Updates

3 Summary On December 17, 2014, the President announced Cuba policy changes intended to support the ability of the Cuban people to gain greater control over their own lives and determine their country s future Since then, BIS has published five amendments to the Export Administration Regulations (EAR) (15 CFR 730 et seq.) regarding exports and reexports to the island

4 Jurisdiction and License Requirements Exports and reexports of commodities, software, and technology (i.e., items) License requirement for exports and reexports of all items subject to the EAR unless authorized by license exception ( 746.2(a)) General 25 percent de minimis level for foreignmade items located abroad ( 734.4)

5 Cuba License Exceptions Created License Exception Support for the Cuban People (SCP) ( ) Private sector Civil society Communications Physical presence Temporary exports and reexports Software development

6 Cuba License Exceptions Expanded License Exception Consumer Communications Devices (CCD) ( ) Expanded License Exception Aircraft, Vessels and Spacecraft (AVS) ( ) Expanded License Exception Gift Parcels and Humanitarian Donations (GFT) ( )

7 Cuba Licensing Policy Created civil aviation safety licensing policy ( 746.2(b)(2)(v)) Created environmental protection licensing policy ( 746.2(b)(2)(vi)) Created state-owned enterprise licensing policy ( 746.2(b)(3)(i)) Created private sector exports licensing policy ( 746.2(b)(3)(i)(D)) Revised telecommunications, civil society, U.S. news bureau, and agricultural items licensing policies ( 746.2(b)(2))

8 Rules Cuba: Providing Support for the Cuban People (January 16, 2015; 80 FR 2286) Cuba: Implementing Rescission of State Sponsor of Terrorism Designation (July 22, 2015; 80 FR 43314) Enhancing Support for the Cuban People (September 21, 2015; 80 FR 56898) Cuba Licensing Policy Revisions (January 27, 2016; 81 FR 4580) Cuba: Revisions to License Exceptions and Licensing Policy (March 16, 2016; 81 FR 13972)

9 Contact Information For additional information, contact the BIS Foreign Policy Division at: (202)

10 CUBA UPDATE

11 Agenda General prohibitions Blocking: Cuban nationals unblocked Blocking: Dealing in certain property Exportation: Interplay with Commerce Importation: Mail between the countries Vessels barred from US Ports Authorized travel, travel/carriage services Third-country Implications

12 General prohibitions The Cuban Assets Control Regulations, 31 C.F.R. Part 515 Unless authorized by OFAC or exempt from the CACR Persons subject to the jurisdiction of the United States Prohibited from dealing in property in which Cuba or a Cuban national has an interest Prohibited from exporting a service to Cuba or a Cuban national

13 Certain Cuban nationals unblocked unblocks In the US: A Cuban national who has taken up residence A US citizen, perm resident alien, or lawfully present But not a prohibited GOC official or CCP member In a third country: A Cuban national who has taken up perm residence Must be able to document their situation Caution: Blocking may resume if domiciled in Cuba

14 Dealing in certain property prohibits unless authorized many transactions involving confiscated property the claim to which is owned by a US national.

15 Exportation: Interplay with Commerce 31 C.F.R authorizes in part all transactions ordinarily incident to the exportation of items from the United States, or the reexportation of 100% U.S.-origin items from a third country, to any person within Cuba, provided that the exportation or reexportation is licensed or otherwise authorized by DOC under the EAA. Caution: there are limitations on financing. Read the entire text of 31 C.F.R and the CACR generally.

16 Importation: Mail 31 C.F.R authorizes in part all transactions incident to the receipt or transmission of mail and parcels.

17 Vessels barred from US ports 31 C.F.R prohibits a vessel For 180 days if it engaged in trade of goods/services Ongoing if carrying goods/passengers to/from Cuba 31 C.F.R exempts a vessel that engaged in Trade authorized by or exempted from the CACR or Exports or reexports to Cuba of ag commodities, medicine, or medical devices that are EAR99 Carrying students, faculty, and staff under (a) Providing carriage under.572 or personal travel

18 Categories of Authorized Travel 1. Official business of the U.S. government, foreign governments, and certain intergovernmental organizations ( ); 2. Family visits ( ); 3. Journalistic activity ( ); 4. Professional research and professional meetings ( ); 5. Educational activities ( ); 6. Religious activities ( ); 7. Public performances, clinics, workshops, athletic and other competitions, and exhibitions ( ); 8. Support for the Cuban people ( ); Humanitarian projects ( ); 9. Activities of private foundations or research or educational institutes ( ); 10. Export, import, or transmission of information/informational materials ( ); 11. Certain export transactions that may be considered for authorization under existing Department of Commerce regulations and guidelines with respect to Cuba or engaged in by U.S.-owned or -controlled foreign firms ( and ).

19 Providing travel services Persons subject to the jurisdiction of the US May provide travel services in connection with travel-related transactions involving Cuba authorized pursuant to this part. Required recordkeeping and reporting.

20 Providing Carriage services Persons subject to the jurisdiction of the US May provide carrier services to, from, and within Cuba in connection with travel or transportation, directly or indirectly, between the United States and Cuba of persons, baggage, or cargo authorized pursuant to this part. Required recordkeeping and reporting.

21 Third-Country Implications : Transactions related to conferences in third countries : Global insurance policies covering individuals traveling to Cuba : Provision of Certain goods & services to Cuban nationals located outside of Cuba now authorized Authorization applies to U.S.- owned or -controlled entities located in a third country Including certain financial services

22 Contact OFAC OFAC Miami office OFAC Licensing Division

23 Crowley - Cuba PRIVATE BUSINESS UPDATE Jay S. Brickman

24 Crowley in Cuba Crowley began Exploring the Cuban Market 1978 First voyage to Havana in years of continuous Patience / Passion / Persistence 1

25 Cada quien habla como le va en la feria 2

26 U.S. State Department Senior State Official In spite of our differences with the Cuban Government, our Engagement Policy is Working (Miami Herald) Josefina Vidal MINREX Cuba will never lower its guard when it comes to the United States but the two countries New Relationship offers opportunities to Advance... (Granma) There is significant Progress 3

27 4

28 Terrorist List Diplomatic Relations Expansion of Travel Remittances Financial Transactions Export of Communications Devices Expanded Commercial Sales / Exports 5

29 The expansion will seek to empower the nascent Cuban private sector. Items that will be authorized for export include certain building materials for PRIVATE residential construction, goods for use by private sector, Cuban entrepreneurs, and agricultural equipment for small farmers 6

30 Convert Tourism Industry to be greater Economic Driver for Domestic Growth Unify Currency and Exchange Policies Develop more Professional Services and High-tech Goods for Export More Private Enterprise and Employment Mariel Industrial Zone More opening for Foreign Investment - Goal 246 Projects - $8.7 Billion in four years. 7

31 8 TOURISM & REAL ESTATE Opportunities exist for the development of real estate and tourist centered developments including golf courses and other leisure-related projects. The area includes many sites of natural beauty.

32 A small Country with a huge shadow 9

33 Cuba Nostalgia First Country in Latin America and third in the world to have National Rail Network 1837 First streetcar system in Latin America 1900 Second Country in the world to have a radio Network PWX Broadcast to the U.S Third country with a color TV channel 1958 In the 1950 s Havana had 358 movie theaters more than New York or Paris (A Documental on Cuba TV July 15, 2016) 10

34 Outlook Cuban Development Plan - Non Threatening Political Relations: Venezuela, Russia, China, Iran, U.S. - Key U.S./Cuba Negotiations - Embargo, Guantanamo, Compensation - Difficult Negotiations Trade - Who can Export / Import - Still complicated Areas of interest - Cuba would like to concentrate on larger, well established companies. Industrial trade zone, green energy, cooperatives, franchises - Paciencia 11

35 Thank You!!