Friday, July 28, 2017

PowerPoints of Short CLE Course: "Foreign Investment in Cuba: Law, Policy, and Practicalities"

I had the opportunity to provide a micro course during the Annual Meeting of the Association for the Study of the Cuban Economy (Conference information here).  Entitled "Foreign Investment in Cuba: Law, Policy, and Practicalities," the materials were meant to introduce lawyers and non experts to the legal frameworks through which U.S. investment to Cuba is regulated. The course abstract provides:
Cuba’s 2014 Foreign Investment Law and the dissemination of its annual Portfolio of Opportunities for Foreign Investment are signals that Cuba is open to foreign direct investment. The U.S. appears to have loosened the sanctions regime it had imposed on Cuba signaling that the U.S. is open to permitting outbound investment. While Cuba has secured a number of deals, progress on all sides remains slow due to the complexities and uncertainties surrounding legal, policy, liability, and other issues. This session will offer a detailed look at Cuban law relevant to foreign investment, bilateral and other agreements with Cuba, transaction formation pitfalls and best practices, and how to steer clear of liability and policy traps so that all parties can seal the deal.
This post includes links to the PowerPoints around which the lecture was structured. They may be accessed HERE.  

The PowerPoints includes links to primary source materials for the U.S: and Cuba, as well as contact information to relevant governmental actors.  The object is to introduce the key structural components and foundational sources for those who seek to get a sense of the way that the two states regulate investment between them.  The resulting complexities suggest the challenges where political and societal factors (as well as national security interests) overlay economic considerations in bilateral trade and investment.

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