On May 29, 2015, the U.S. Government announced Cuba’s removal from the list of State Sponsors of Terrorism (the “SST List”), five months after President Obama instructed Secretary of State John Kerry to reevaluate Cuba’s designation as a State Sponsor of Terrorism. We reported on the U.S. Government’s process of reevaluating Cuba’s inclusion on the SST List in our blog post of April 16, 2015. A 45-day period for the U.S. Congress to review the President’s decision to remove Cuba from the SST List began on April 14, 2015. With that congressional review period now expired, the Secretary of State has made the final decision to remove Cuba from the SST List. This development is historic, given that Cuba had been on the SST List since 1982. The SST List now only includes three countries: Iran, Syria, and Sudan. While Cuba’s removal from the SST List represents a further step towards normalizing U.S.-Cuba relations, it does not affect most U.S. trade and financial sanctions targeting Cuba. In other words, the U.S. embargo of Cuba remains in effect despite Cuba’s removal from the SST List. Cuba’s removal from the SST List may, however, provide for the following potential changes, subject to regulatory amendments: (i) eligibility for authorized exports to Cuba of a broader range of dual-use goods, software, and technology subject to U.S. jurisdiction under the Export Administration Regulations; (ii) eligibility for certain U.S. federal assistance to Cuba; and (iii) restrictions on the ability of U.S. citizens to pursue monetary damages against Cuba in U.S. courts under the Anti-Terrorism and Effective Death Penalty Act.
Hannah N. Zarkar is an associate in Baker & McKenzie´s Washington, DC office. Prior to joining the Firm, she worked as a summer associate in 2012 at Baker & McKenzie’s Washington, DC and Buenos Aires, Argentina offices. In addition, she served as a law clerk at the American Red Cross National Headquarters’ Office of the General Counsel, focusing primarily on legal projects in the area of employment law. Ms. Zarkar also interned for Hamburg Coffee Company, Hacofco GmbH, in Hamburg, Germany, where she aided in the purchase and sale of coffee on the International Coffee Exchange (ICE).
Alexandre Lamy joined Baker McKenzie in 2009 and currently works in the Firm's International Trade Practice Group. He assists clients with sanctions and export controls (Export Administration Regulations (EAR); International Traffic in Arms Regulations (ITAR)) and he advises clients on corporate compliance matters. Since August 2011, Alex has served on the steering group for the ABA Section of International Law’s Export Controls & Economic Sanctions Committee and is currently a Vice Chair of the Committee. He has organized several events regarding recent developments in US trade sanctions and export controls for the Committee.
Janet Kim is a partner in Baker McKenzie's Washington, DC office. Ms. Kim advises clients — including US and foreign companies —on outbound compliance issues arising from the US Foreign Corrupt Practices Act, as well as in criminal and regulatory proceedings, internal investigations and compliance reviews relating to these areas of law. She also advises on the application of these laws in cross-border transactions, including mergers and acquisitions, divestitures and joint venture arrangements. Additionally, Ms. Kim helps develop and implement workable, risk-based compliance programs for companies in a wide range of industries.