As tensions between Cuba and the United States continue to thaw, President Obama made a historic announcement today – the U.S. and Cuba will reopen embassies in each other’s capitals. This could prove a watershed moment in the push to normalize relationships between the two countries. Estimates are that the embassies will open by month end, with Secretary of State John Kerry traveling to Cuba for the official opening. This development echoes White House Press Secretary Josh Earnest’s response to his first ever question taken from a Cuban reporter last May – that the White House hoped the two countries would reopen embassies.
Trade Legislation Sent to Obama
On June 24, the Senate approved the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, granting President Obama trade promotion authority, or TPA. The passage of this “fast-track” authority enables the President to leverage greater support during the upcoming negotiations for the Trans-Pacific Partnership (TPP) by guaranteeing that the trade agreement to be finalized by the 12-nation pact will be sent to Congress for approval without permitting lawmakers to amend the treaty.
Cuba Designation as State Sponsor of Terrorism Rescinded
The U.S. Department of State rescinded Cuba’s designation as a State Sponsor of Terrorism today. While the rescission of Cuba’s designation eliminates a major hurdle in restoring diplomatic ties with Cuba, the U.S. trade embargo against Cuba remains in effect, including its restrictions on investment, trade, and travel with Cuba. Congress has the sole authority to lift the trade embargo.
Rescission of Cuba’s designation as a State Sponsor of Terrorism, however, will affect companies and individuals the following ways:
Lawmakers Continue Taking Sides on Cuba while Cities Begin Taking Action
While Iran has taken center stage in current foreign policy discussions, Congress and the Administration are keenly aware that Cuba is on deck. Following President Obama’s historic meeting with Cuban President Raúl Castro and his announcement of intent to remove Cuba from the list of states that sponsor terrorism, members of Congress have responded by introducing bills both supporting and opposing the President’s policies, including:
Reforming the Miscellaneous Tariff Bill Process
The Miscellaneous Tariff Bill (MTB) process provides importers relief from duties on an item-by-item basis, up to $500,000 annually. On April 16, 2015, Senators Rob Portman (R-OH), Claire McCaskill (D-MO) and Pat Toomey (R-PA) introduced bipartisan legislation proposing to reform the MTB process. Many companies consider the new legislation a much overdue step that assists…
Congress Focuses on Building Trade Relationships
On April 16, several pieces of key legislation were introduced that set the stage for a Bipartisan, Bicameral International Trade Package. Senators Orrin Hatch (R-UT) and Ron Wyden (D-OR) along with Congressman Paul Ryan (R-WI) introduced long-awaited trade legislation to reauthorize Trade Promotion Authority (TPA) and renew several trade preference and liberalization programs. TPA expired in 2007 and is necessary for the Obama Administration to move forward and conclude the Trans-Pacific Partnership and Transatlantic Trade and Investment Partnership negotiations.
Cuban Immigration Policy Changes Announced as Part of Regularizing Relations with Cuba
As part of the proposed warming of relations with Cuba, USCIS has announced changes to Cuban family-based immigration policy. U.S. immigration policy toward Cuba differs from policy applicable to other countries. Under the Cuban Adjustment Act, Cubans who enter the United States have a special track to permanent residency. Further, under the Cuban Family Reunification…
Move Quickly to Register Trademarks in Cuba
President Obama’s announcement to normalize U.S. relations with Cuba has created a flood of momentum for U.S. companies hoping to open new business markets there; however, business owners should spend the time now to learn the legal and regulatory framework they will encounter in Cuba, and the steps they can take immediately to be ready when opportunities arise.
OFAC Updated SDN List Removing Individuals and Companies associated with Cuba
On March 24, 2015, the Office of Foreign Assets Control (OFAC) updated the Specially Designated National (SDN) List by removing 59 companies, individuals, and vessels previously blocked under the Cuban Assets Control Regulations. The companies removed include those from the United States, Panama, and Cuba. The SDN List is maintained by OFAC and identifies certain individuals and companies that are owned or controlled by or act on behalf of targeted countries or terrorist groups. U.S. citizens and permanent residents are generally prohibited from doing business with individuals or companies appearing on the SDN List.
U.S. Expands Ukrainian and Crimean Sanctions
The U.S. Department of Treasury, Office of Foreign Asset Control (OFAC), this week imposed sanctions on fourteen additional Ukrainian and Russian individuals and two organizations, including the Russian National Commercial Bank (RNCB), by adding them to the Specially Designated Nationals (SDN) list. These designations were issued pursuant to Executive Order (E.O.) 13660 for undermining Ukraine’s sovereignty and misappropriation of Ukrainian states assets, and E.O. 13685 for operating in Crimea Region.
Treasury stated that the RNCB was added to the sanctions list because it had no presence in the Crimea region prior to the occupation by Russia, and because Russian authorities have illegally used the bank in efforts to incorporate Crimea into the Russian Federation.