CUBANET ... CUBANEWS

June 8, 2001



Americans circumvent Cuba ban

Foreign groups paying expenses at summit

By Tracey Eaton / The Dallas Morning News. Friday | June 8, 2001

HAVANA – Spend a few days in Cuba but don't spend any money. That's the challenge for several dozen American business people staying in Havana this week.

Under the strict U.S. ban on trade with the Communist regime, Americans can travel to the island but aren't allowed to spend any money in Cuba unless they meet certain U.S. Treasury requirements.

A senior State Department official said that the U.S.-Cuba Business Summit that began on Wednesday in Havana "clearly circumvents" those Treasury requirements.

Participants' claim that they aren't spending any money in Cuba "doesn't pass the giggle test. You can't say it's true without laughing," said the official, who requested anonymity.

Nonsense, summit organizers say. Non-U.S. firms and Cuban organizations paid for participants' expenses in Cuba, making the event legal under U.S. law, summit chairman Kirby Jones said.

Mr. Jones, who has been traveling to Cuba since the 1970s, founded the U.S.-Cuba Business Summit five years ago. In past years, Cuban President Fidel Castro has mingled with participants and posed for photographs.

"No other forum offers you this opportunity to spend several days in Cuba learning directly from Cuban business counterparts and representatives of companies already doing business in Cuba," says the event's promotional material.

"The whole trip exceeded my wildest expectations," one participant wrote afterward.

Mr. Jones said Americans can attend under a Treasury provision allowing "fully hosted" trips to Cuba. The idea is simple: A non-U.S. entity foots the bill.

In this case, all participants' costs and expenses – "including meals, lodging, transportation, visas, entry or exit fees and gratuities" – are being paid by DESOFT, a Cuban joint venture company, and "a consortium of additional international firms, none of which is subject to U.S. jurisdiction," said Daniel Waltz, of the law firm Patton Boggs in Washington, D.C. He investigated the legality of the trip for Cristobal Investment and Financial Services in Florence, Italy.

To attend the event, participants paid Cristobal $3,450. Cristobal, Mr. Waltz said, "will not use any of the money it receives to pay for costs incurred in Cuba." Nor will Cristobal reimburse DESOFT or any of the other international firms hosting the event, he said.

Asked why these other companies would be willing to pay the Americans' expenses, Cristobal vice president Raffaello Pellegrini said foreign companies already doing business in Cuba are interested in making contact with the Americans.

A construction company, for instance, would like to get to know Americans because if the trade ban is lifted, the company's best customers will likely be Americans, Mr. Pellegrini said.

One American participant, asked to explain who was paying his expenses in Cuba, said he didn't really understand how it all works.

"It's like the federal tax code. It's not intended to make sense to a lay person," he said.

Treasury Department officials had no immediate comment on whether summit particpants are complying with the law.

Not all the participants were traveling under the "fully hosted" rules. Some said they had permission from the Treasury Department to spend money in Cuba. One of those was Max Fletcher, president of H&R Sales, a food distribution company in Texas. He said he hopes the United States lifts the trade ban so he can do business in Cuba.

© 2001 The Dallas Morning News

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