NEW U.S.-HAVANA FLIGHTS & POTENTIAL TRUMP ADMINISTRATION REACTION
January 20, 2017
On November 25, 2016 the U.S.-Cuba Trade and Economic Council issued a statement regarding the re-establishment of regularly-scheduled non-stop commercial flights from the United States to Havana, Cuba and how U.S.-Cuba relations could be impacted by the new administration. The statement noted that individuals associated with the President-elect, have expressed – both officially and unofficially – that they will not be enthusiastic about the resumption of regularly-scheduled non-commercial flights to Havana from the U.S. chiefly, because they view the passengers on those flights as tourists being transported in violation of United States law. The Council anticipates that increased enforcement of TSREEA by the Office of Foreign Assets Control is expected, and that it would result in a decrease in the number of passengers travelling commercially between the U.S. and Cuba.
The Council also anticipates that President-elect Trump, his transition team, and supporters may initiate a discussion relating to the implementation of Title III of the Libertad Act of 1996, which enables those with assets expropriated by the government of the Republic of Cuba to bring lawsuits in United States Federal Courts. The Libertad Act requires the President to either enable or suspend the provision every six months. Presidents Clinton, Bush and Obama have done so. The current suspension expires in late January 2017, at which time a decision will have to be made as to whether the Libertad Act will be suspended further.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com; 202-659-6622) or Drew Derco (dderco@eckertseamans.com; 202-659-6665).
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