Cuba and Other Foreign Governments, and their Agencies and Enterprises

The Firm has long been known for its distinctive practice representing Cuba and other foreign governments, as well as their agencies and enterprises.  It provides assistance on matters ranging from sensitive State-to-State issues to commercial transactions, and undertakes frequently precedent-setting litigation.

Cuba, and its Agencies and Enterprises

Other Foreign Governments, and their Agencies and Enterprises

Issues

Litigation

Cuba, and Its Agencies and Enterprises

The Firm represents the Cuban Government and its ministries, as well as Cuban agencies and enterprises, in all matters pertaining to the United States.  It has been Cuba’s only U.S. counsel since 1960.

The Firm advises Cuban Ministries – including the Foreign Ministry, Ministry of Foreign Commerce and Investment, Ministry of Basic Industries, Ministry of Telecommunications, and Ministry of Culture – on U.S.-related legal matters.

The Firm advises and assists Cuban agencies and enterprises with transactional and regulatory matters, as well as litigation, in all the permissible areas of commerce, finance, travel and intellectual property with the United States.  Among the Cuban agencies and enterprises the Firm assists are:

ACDAM (collection society for composers and authors of musical works)

ALIMPORT (importer of U.S. agricultural products)

BANCO FINANCIERO INTERNACIONAL, S.A.  (Cuban bank)

BANCO NACIONAL DE CUBA (Cuban bank)

CENTRO DE INGENIERÍA GENÉTICA Y BIOTECNOLGÍA and HEBER BIOTEC, S.A. (medical research institute and related comercial  enterprise)

CENTRO DE INMUNOLOGÍA MOLECULAR and CIMAB, S.A. (medical research institute and related commercial enterprise)

CORPORACIÓN CIMEX, S.A. (conglomerate active in variety of economic sectors)

CUBATABACO and HABANOS, S.A.  (Cuba’s cigar companies)

ESICUBA (Cuba’s leading insurance company)

ETECSA (telecommunications)

FINCIMEX (remittances)

HAVANATUR (travel)

PRENSA LATINA (news agency)

The Firm represents its Cuban clients in often precedent-setting litigation. Read More.

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Other Foreign Governments, and their Agencies and Enterprises

Among other foreign governments and their agencies and enterprises, the Firm has represented:

Bolivia’s state-owned telephone company (ENTEL, S.A.)

The Plurinational State of Bolivia

Republic of South Africa

The state-owned telephone company of the Island Territory of Sint Maarten, Netherland Antilles

Republic of Haiti and President Jean-Bertrand Aristide

Central Bank of Iran (Bank Markazi Iran) during the Iran-U.S. confrontation of 1979-81

Republic of Chile during the Presidency of Salvador Allende

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Issues

In addition to transactional and regulatory matters, much of the Firm’s work for its foreign sovereign and other foreign clients has concerned sensitive and highly contentious issues, such as United States embargoes and other economic sanctions; State-to-State disputes; the nationalization of U.S.-owned, and domestically-owned, businesses; sovereign immunity; “Head of State” immunity; the act of state doctrine; the attachment of state and agency assets; U.S. government programs freezing the assets of sanctioned countries; and the insulation of state enterprises from liability for the acts and debts of their government.

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Litigation

The Firm’s litigation practice on behalf of its foreign sovereign and related clients is extensive, and ranges from typical commercial disputes to leading cases in foreign policy law and international law.

Its precedent-setting cases have included Banco Nacional de Cuba v. Sabbatino (establishing the modern “act of state” doctrine); First National City Bank v. Banco Para el Comercio Exterior de Cuba (establishing the “separate entity” principle for foreign state-owned  enterprises); Dames & Moore v. Regan (upholding Presidential authority to waive and settle the claims of U.S. nationals against foreign governments for nationalizations and defaults, even over the U.S. claimants’ objections, in order to resolve international disputes); Banco Nacional de Cuba v. Chase Manhattan Bank (setting standard for compensation of nationalized property under international law); LaFontant v. Aristide (“head of state” immunity); and Spacil v. Crowe (sovereign immunity).

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