Miami Herald Miami, Florida 16 December 2019
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Miami Herald Miami, Florida 16 December 2019 Instagram ads for Cuba tourism. Are Facebook and Google breaking the U.S. embargo? By Mario J. Pentón Cuba buys advertising to invite Americans to the island Ads paid by the Ministry of Tourism of Cuba shown on Instagram provoke mixed opinions about the possibility that the technological giant violates the sanctions of the United States. By Esther Medina | Sol De Cuba TV YouTube/ MinturCuba Instagram When Norges Rodríguez, an engineer who coordinates YucaBytes, a Cuban communications project, saw that Instagram was carrying advertisements for the island’s Tourism Ministry, he could not be more surprised. Even as President Donald Trump was ratcheting up sanctions on the Cuban government because of its support for the Nicolás Maduro regime in Venezuela, the U.S. company was showing photos of pristine Cuban beaches and inviting tourists to visit a place where visitors “can run or rest.” But U.S. laws ban tourist trips to Cuba. “I didn’t expect that,” said Rodríguez, who was in Miami when he saw the ads. The engineer, who also spends a lot of time in Cuba, is carrying out a project focused on information technologies on the island. “The Cuban government can buy ads on a platform that belongs to Facebook? How do they do that? Do U.S. economic and financial sanctions allow that?” he wrote on his Twitter account in November. Instagram is owned by Facebook, which bought it for $1 billion in 2012. The answers to those questions are as complex as the legal jargon surrounding the U.S. sanctions on the island, according to experts. The Cuban government indeed managed to sidestep the social media company’s controls and bought the ads even though that could be considered a violation of the U.S. embargo, which since the 1960s has barred most American companies from doing business with the Cuban government. “According to my understanding of the law, this type of transaction with the dictatorship violates U.S. regulations,” said former Rep. Lincoln Diaz-Balart, one of the early sponsors of the Cuban Liberty and Democratic Solidarity (Libertad) Act, better known as Helms-Burton, which establishes the conditions for the end of sanctions on the island. John S. Kavulich, president of the U.S.-Cuba Trade and Economic Council, Inc. based in New York, says there are “too many unanswered questions” to be conclusive in this case. “OFAC [The U.S. Treasury’s Office of Foreign Assets Control] has generally authorized marketing activities, including the use of advertisements, and entities operated by the government of Cuba could make payments to companies based in the United States provided the Cuban entity is not on a restricted list,” he said. “Should Facebook accept payment for an advertisement even if the advertisement may suggest an activity prohibited by United States law?” Kavulich added. “The company could argue that the advertisement is informative and, as such, not prohibited. Neither the images nor the texts used in the Instagram advertisement specifically say that someone should violate United States law.” The Cuban government has repeatedly complained that it cannot purchase advertisements outside the island. Rosa Miriam Elizalde, a government-sanctioned journalist known to have close ties to top officials, recently published an article accusing Facebook of “bombarding” the social media platform with “anti-Cuban propaganda.” Facebook would not provide details on the Cuban ads. A company spokesman told el Nuevo Herald only that the company “operates within the framework of restrictions imposed by U.S. government sanctions.” The ads on Instagram were removed after el Nuevo Herald contacted Facebook to ask for a comment. On Cuba’s Ministry of Tourism Facebook page, at least seven active ads paid on Instagram could still be found Monday on the platform’s Ad Library. The Ministry of Tourism in Havana did not reply to multiple requests for comment. The Office of Foreign Assets Control, in charge of enforcing sanctions on Cuba, declined comment on whether companies such as Facebook are authorized to publish paid ads for the Cuban government, saying only that it takes seriously any “accusations of sanctionable conduct.” Facebook can legally operate in Cuba despite the U.S. sanctions, but the use of the platform on the island is restricted. Users can establish pages and use its Messenger feature, but in a very basic manner. The sale of advertisements for businesses and politics is strictly prohibited, according to experts. So how does the Tourism Ministry handle its publicity to attract U.S. visitors to the island? The ministry’s official Facebook and Twitter accounts were created in Argentina, according to public information on Facebook. The entity launched it’s page on Nov. 14, 2013, under the name of Mintur Cuba and changed its name five times until it settled in 2015 as Ministerio de Turismo de Cuba. The account is operated by 16 people, eight of them in Argentina and eight in Cuba. The Facebook page has more than one million followers, and the Instagram account has 27,000. By being located in Argentina, despite being an official page of the Cuban government, the Ministry of Tourism managed to buy advertising on Facebook. It did the same thing with the Sol De Cuba TV channel, on YouTube, which was created in 2015. Ads that appear on YouTube videos usually generate some income. YouTube said it never paid the owners of the channel for advertising. The Sol De Cuba TV YouTube channel was removed, along with the videos, after el Nuevo Herald contacted Google to inquire about the ads. Google, which own YouTube, said it complies with the laws and regulations of the embargo. The company declined to comment on particular cases. WLRN Miami, Florida 3 December 2019 Title III Lawsuits – And Law Firms – Pile Up As Cuban Exiles Hope For Compensation By Tim Padgett A Carnival Cruise Line ship arrives from Miami to Havana, Cuba, in 2016. Carnival is one of the U.S. companies targeted by Title III lawsuits. Ramon Espinosa / AP Last spring President Trump let Cuban-Americans sue for compensation for their confiscated property in Cuba. The so-called Title III lawsuits seem to be piling up. Title III is part of the 1996 statute of the U.S embargo against Cuba known as the Helms–Burton Act. It lets Americans, in this case mostly Cuban-Americans, sue businesses operating in Cuba on property taken from them by the communist revolution. When President Trump activated Title III this year, it was unclear if plaintiffs would jump at the chance to file those lawsuits. That’s largely because it was uncertain they’d be able to collect damages. But so far there is a load of litigation. The U.S.-Cuba Trade and Economic Council in New York reports 20 suits have been filed involving 72 plaintiffs and 67 defendants. Those being sued include foreign companies like Meliá Hotels of Spain, but also U.S. firms like American Airlines, Carnival Cruises and online travel agent Expedia.com. Those companies insist their Cuban operations were lawfully approved by U.S. officials. But a Miami judge recently ruled the suits can proceed. There is one guaranteed winner: the legal profession. Almost 30 law firms have been hired in the suits, including Miami firms such as Akerman. The U.S.-Cuba Trade Council estimates they’ve already put in a total of more than 4 million billable hours. The European Union is asking U.S. law firms to assist in cases involving European companies like Meliá. WLRN Miami, Florida 3 December 2019 Back To The U.S.-Cuba Future? New Animosities Raise Fears Relations May Be Severed Again By Tim Padgett Latin America Report Cuban government video purportedly showing dissident Jose Daniel Ferrer (left) being detained by police. YouTube Last month a big anniversary in the western hemisphere went largely unnoticed in the U.S. Havana – one of the oldest capitals in the Americas – celebrated its 500th birthday. Among the few Americans at the fiesta was former Key West city commissioner and Cuba native Tony Yaniz. “The final night, the old part of Havana there, they re-lit the Capitol and there was about three hours of music and poetry and dancing, and it was amazing,” said Yaniz, who came to the U.S. in 1960 after his journalist father was hounded out of Cuba by dictator Fidel Castro. Speaking from Key West, Yaniz – who today supports engagement with the communist island – said he’d hoped to bring hundreds of other Americans with him to Havana for the event. And three years ago that might have been easy. But since the Trump Administration began a new crackdown on U.S. travel to Cuba, "a lot of Americans feel as though either they can’t go or it’s just a hassle to go," Yaniz said. "And so [the Cubans] understood why there wasn’t many more of us, as they call us, North Americans.” One of those Cubans Yaniz says he talked to briefly at the Havana jubilee was President Miguel Díaz- Canel. He remembered that earlier this year Yaniz hosted Cuba’s ambassador to the U.S., José Cabañas, in Key West. And so the Cuban leader said next year he wants to visit Key West – which is only 90 miles from Havana. “That’s a goal that I’ve been looking at for more than 40 years," said Yaniz. But Yaniz knows he’ll likely be waiting longer still for a Cuban president to be allowed to visit Key West or any part of the U.S. outside the U.N.