Some big law firms with Miami offices, often staffed by
Cuban-American exiles, are already beefing up their Cuba-related
practices in response to queries from U.S. companies on issues
ranging from telecommunications to banking, amid signs the
longstanding U.S. trade embargo on Cuba is eroding.
Pedro Freyre, a Cuban-born attorney who heads the international
practice at Akerman, said his phones started ringing within minutes
of the December announcement by U.S. President Barack Obama and
Cuban President Raul Castro that they had agreed to reestablish
diplomatic ties severed some 54 years ago, and to work toward
normalizing relations.
"These are exciting times," said Freyre. "Our U.S. clients, some who
are Fortune 100 companies, want to know can foreigners own land in
Cuba ... what is the power and water supply like, what are the work
force rules?"
Since the December agreement, the two countries have held several
meetings on restoring diplomatic relations and opening embassies.
After two days of talks in Washington, Cuba and the United States
said on Friday they had made progress and would continue
negotiations in the coming weeks.
The 37-strong delegation from the 100,000 member Florida Bar will
spend three days in Cuba from Wednesday meeting with government
officials and counterparts from the Cuban bar, among others, said
Peter Quinter, chairman of the bar's international section.
Despite opposition among some Cuban-Americans in Miami to the
rapprochement, the Florida Bar's planned trip was so popular that
many members had to be turned away, he said.
"Things are definitely changing and we intend to help things
change," said Quinter, a trade and customs lawyer with GrayRobinson,
a corporate law firm with 12 offices in Florida.
"We are interested in doing business in Cuba, but without
understanding the laws in Cuba, companies can't contract," he added.
CUBA STRATEGY?
A sweeping U.S. trade embargo remains in force, greatly limiting
business in Cuba and banning tourist travel, and only the U.S.
Congress can lift that.
Cuba's state-controlled system also tightly restricts activity by
law firms. There are no foreign law firms in Cuba and private
practice is not allowed, so all lawyers work for state-run entities.
Yet since the December announcement, the Obama administration has
opened up greater commercial opportunities in areas such as
telecommunications and banking services, as well as efforts to boost
Cuba's small private sector.
"It used to be you couldn't have a Cuba strategy. Now if you don't
have a Cuba strategy you are risking your business," said Eddy
Arriola, chairman of Apollo Bank, a Miami-based community bank, who
is of Cuban descent.
One likely area for legal activity is the unresolved property claims
against Cuba by U.S. companies and families dating back to the
nationalization of all businesses on the island in the early 1960s.
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Larger law firms with international corporate practices are adding
attorneys and re-allocating resources to meet the surge in client
demand. Some have already despatched lawyers to Cuba to meet
government officials, accompany clients, and to establish
relationships with law firms there.
Others have sent attorneys to legal conferences, seeking to master
the swathe of new Cuba regulations issued by the U.S. Treasury and
Commerce departments this year.
Local Republican political leaders oppose the rapprochement,
including South Florida's three Cuban-American members of the U.S.
Congress, as well the state's Governor, Rick Scott.
The president of the Cuban American Bar Association, Manuel Crespo,
said his 2,250 members do not oppose the trip, but remain skeptical
about dealings with the Cuban government.
Raul Castro took over the presidency in 2008 after ill health forced
the retirement of his older brother, Fidel Castro, who had led the
Cuban Revolution in 1959.
"Some of our older members don't want to see any relations until the
current regime is out of power altogether," he said, citing the
personal trauma of being uprooted from Cuba.
Many Cuban-Americans disagree, especially the younger generation.
Miami's largest law firm, Greenberg Traurig, created a Cuba Working
Group about eight years ago, and is among a handful of companies
ahead of the game.
"Before Dec. 17 all we did was advise clients selling goods how to
apply for a license as the embargo is still there," said Cuban-born
Yosbel Ibarra, 42, who heads the firm's Latin American practice
group.
But opening embassies and Cuba's impending removal from a list of
state sponsors of terrorism will make a telling difference, Ibarra
believes.
"It takes the stigma off doing business in Cuba," he said.
(Editing by Jill Serjeant and Frances Kerry)
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