Cuba

News & Analysis as of

Limited Access to Cuba but it is a Start for U.S. Businesses

As you know there are ongoing changes to the Cuba export regulations. President Obama announced the reopening of the U.S. embassy in Havana and a Cuban embassy in Washington. The Commerce Department will remove Cuba from list...more

Cuba Si! Trade With Cuba … Not Quite Yet

There has been much fanfare surrounding the reestablishment of diplomatic relations with Cuba, starting with President Obama’s announcement of the resumption of bilateral relations, and followed by the formal establishment of...more

The New Cuba Reality and Your Intellectual Property

With the recent changes to the Cuba-U.S. relationship, certain aspects of the Cuban economy are opening up to U.S. companies. You may now be contemplating joining other businesses that are or will be selling or manufacturing...more

BIS Removes Cuba as State Sponsor of Terrorism in Regulations

On July 22, 2015, the Bureau of Industry and Security (BIS), an agency of U.S. Department of Commerce, amended the Export Administration Regulations (EAR) to reflect Cuba’s removal from designation as a State Sponsor of...more

The Times Are Changing, But Very Slowly

First, we learned relations with Cuba were thawing, and now – on July 14th – there is the nuclear deal with Iran. Many American companies are clambering to make commercial deals with businesses in both countries – but not so...more

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

A Tale Of Trade And Trademarks: General Cigar Co., Inc. v. Empresa Cubana Del Tabaco

The United States has taken several recent steps towards normalizing its ties with Cuba and, just yesterday, the two countries re-opened embassies in each other’s capitals for the first time since 1961. Despite these...more

What is a Trademark Squatter?

Imagine that you own a U.S. based brand that you have diligently registered with the U.S. Patent and Trademark Office. As you watch your domestic sales skyrocket you begin to realize that overseas markets hold unique...more

Trade & Manufacturing - July 2015

In This Issue: - Update on Trade Promotion Authority and Companion Trade Bills: A Lot Can Happen In Washington In 34 Days - Congress Allows Export-Import Bank Charter to Expire, for Now - WTO Finds That COOL Is...more

Cuba No Longer a State Sponsor of Terrorism, but Future of Trade Relations Still To Be Determined

On June 10, Senator Jerry Moran (R-KS) introduced S. 1543: The Cuba Trade Act of 2015, which aims to "repeal{} or amend current laws restricting trade with Cuba," including "the enforcement of an economic embargo of Cuba,"...more

U.S. and Cuba Reestablish Diplomatic Relations

On July 1, President Obama announced that the United States and Cuba had reached agreement on the reestablishment of diplomatic relations and that the two countries would soon reopen embassies in each other’s capitals for the...more

Bienvenidos a Habana

And so it begins. After more than 50 years of icy relations, Jeffrey DeLaurentis (a U.S. diplomat at the U.S. Interests Section in Havana) delivered a note from President Barak Obama to Cuban President Raul Castro restoring...more

International IP Law: Securing Your IP Rights in Cuba and French Polynesia

CUBA - Six months have passed since President Obama and Cuban President Raul Castro made the historic decision to reestablish diplomatic relations between the U.S. and Cuba. Although Congress has not yet voted to lift...more

Ferry Service Between The United States And Cuba—Imminent Or Not?

Recent decisions by the Office of Foreign Assets Control (OFAC) of the Department of Treasury have increased the prospects for regular air and vessel service to and from Cuba. Those decisions do not open the floodgates for...more

U.S. Rescinds Cuba’s Designation as a State Sponsor of Terrorism

On May 29, 2015, the Secretary of State rescinded Cuba’s designation as a State Sponsor of Terrorism. This development unfolds in the wake of President Obama’s December 2014 announcement to improve relations with Cuba, when...more

U.S. Announces Final Decision to Rescind Cuba’s Designation as a State Sponsor of Terrorism

On May 29, the Secretary of State announced his final decision to rescind Cuba’s designation as a State Sponsor of Terrorism, effective immediately. The removal of Cuba’s designation followed the Department of State’s...more

Cuba’s Underdeveloped Telecommunications Infrastructure Presents Opportunities

Following changes in U.S. foreign policy toward Cuba, announced by President Obama in December 2014, U.S. government officials and industry players have begun exploring the development and expansion of Cuba’s...more

Trademark Protection In Cuba: Companies Should Act Sooner Rather Than Later

Since 1995, an intellectual property exception to the current U.S. embargo on trade with Cuba allows intellectual property owners to protect their rights in Cuba. Under this exception, intellectual property owners may file...more

FinCrimes Update - May 2015 Supplement

FEDERAL RESERVE ORDERS TWO FINANCIAL INSTITUTIONS TO IMPROVE BSA/AML COMPLIANCE PROGRAMS - On June 1, a Boston-based international financial services holding company and its banking subsidiary agreed to improve...more

Cuba No Longer Designated as a State Sponsor of Terrorism

On May 29, 2015, the United States formally rescinded Cuba's designation as a State Sponsor of Terrorism. This is another step in the improving relations between the United States and Cuba, potentially paving the path towards...more

America Turns A Page: Cuba Removed From U.S. List of State Sponsors of Terrorism

The United States officially removed Cuba from its list of State Sponsors of Terrorism today, according to an announcement by the U.S. State Department via Twitter. The change takes effect immediately, according to the...more

Slowing President Obama's Cuban Mambo

In December of last year President Obama announced what many had predicted he wanted to do since his first inauguration day – restore U.S. relations with Cuba. Six years into his presidency and hamstrung by the 1996...more

Red Notice Newsletter - May 2015

Welcome to the May 2015 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, a German engineering firm tests Brazil's recently implemented anticorruption...more

OFAC Issues Guidance Regarding the Parameters of Authorized Travel Between the U.S. and Cuba

On May 5, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued guidance regarding travel between the United States and Cuba. In particular, the guidance clarifies that companies authorized to...more

Changes in US Sanctions on Cuba Present Opportunities and Challenges

The Obama Administration’s recent loosening of trade restrictions on Cuba has the potential to open new opportunities for US businesses. However, there are several obstacles to be overcome before US companies may access...more

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