Cuba

Primary contacts

Carl A. Valenstein, Mark E. Zelek

Morgan Lewis’s Latin America team has advised clients on business issues related to Cuba for decades. Drawing on our direct experience, we assist clients with understanding the emerging opportunities and navigating the existing legal and regulatory complexities associated with business activities in Cuba.

We are familiar with the history and laws relating to US policy on Cuba, including the long-standing embargo, statutes codifying the Cuba sanctions, new travel and transportation restrictions, Helms-Burton Title III litigation risk, and US Treasury Department’s Office of Foreign Assets Control (OFAC) and Bureau of Industry and Security (BIS) regulations.

Our Scope

Market entry strategy and planning
Transactions and licensing for the telecommunications, travel, and transportation sectors
Investigations and external enforcement actions involving alleged violations of the Cuban embargo and US Foreign Corrupt Practices Act (FCPA)
Trademark protection in Cuba
Filing claims with US Foreign Claims Settlement Commission for expropriated Cuban property
Monitoring regulatory and legislative developments related to the Cuba embargo given the transition to the Trump administration

Select Matters Handled by Our Lawyers

Assisted multiple US and international telecommunications companies in connection with the development of a telecommunications interconnection to Cuba, including submarine cable connections, bilateral telecommunications traffic arrangements with Cuba’s incumbent provider, mobile roaming agreements, and satellite connections.
Advised a global cruise line on compliance with the US embargo in connection with proposed offshore cruises to Cuba.
Advised a multinational tobacco company concerning various issues affecting parallel importation of Cuban cigars into the EU market.
Advised a US nonprofit foundation on obtaining Office of Foreign Assets Control (OFAC) Cuba licensing.
Advised US and Mexican airlines on OFAC sanctions against Cuba.
Advised a London brokerage firm on several Cuban sovereign bond trades.
Advised a drilling company regarding export control issues in Cuba.
Obtained OFAC licenses for a major international pharmaceutical company to jointly develop a Meningitis B vaccine with Cuba.
Assisted a Canadian pharmaceutical company on US embargo matters related to the clinical testing and commercialization of a cancer treatment developed by Cuba.
Completed a review of assets and business operations for a US multinational company that was expropriated without compensation by the Cuban government and advised the organization for future legal claims or actions if there is a change in the government.
Assisted several telecom clients in obtaining licenses from OFAC permitting our clients to provide services and equipment in Cuba.
Assisted a major US art dealer in obtaining OFAC licenses to travel to Cuba to acquire artwork from leading Cuban artists, including having artists participate at art shows in the United States.
Represented a non-US diesel power company and elevator manufacturer on compliance with the US embargo with respect to potential sales and investment in Cuba.
Obtained US export licenses for a US affiliate of a Canadian fertilizer company with respect to sales to Cuba.
Assisted a major international automobile manufacturer on compliance issues related to exports to Cuba.
Advised an international affiliate of a US commodities company on sales to Cuba.
Represented a Spanish hotel chain with respect to potential exposure under the Helms-Burton Amendment resulting from investments in Cuba.
Represented a mobile satellite telecommunications company on travel to Cuba and interconnection issues under the Cuban Democracy Act.
Represented a US travel company in an OFAC investigation of alleged US embargo violations (company received only a warning).
Advised Canadian and UK companies on conflict of laws/blocking statute issues relating to the US embargo.
Advised a Canadian company with respect to OFAC compliance on a transaction involving Cuban biotechnology licenses.
Represented various individuals with respect to travel violations of the US embargo.
Represented a consortium interested in developing a second mobile telephone company in Cuba.
Represented a US company with respect to filing a claim with the US Foreign Claims Settlement Commission for an expropriated Cuban property.
Advised US plaintiffs with respect to the attachment of blocked Cuban assets in the United States.
Advised US companies with respect to Cuban trademark issues.
Conducted audits of US and non-US companies of US sanctions compliance programs, including compliance with the US embargo on Cuba.
Advised a US charitable funds management company on contributions to organizations supporting humanitarian projects in Cuba.
Represent US and non-US companies with respect to the development of a Cuba strategy, including third-country investments, and compliance with the US embargo.