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President Biden: A Special Presidential Representative For Cub/a Negotiations- With Or Without An Ambassador
January 31, 2021

Appointing Special Presidential Representative For Cub/a Negotiations
Feinberg As Department Of State Special Representative For Cub/a Negotiations
Biden Administration Should Negotiate Deal That Eluded Twelve Predecessors
Aren’t Two Centuries, Seven Decades And Twelve Presidencies Enough To Wait?
Two Largest Claims Account For 24%; Thirty Account For 56% Of Total
Replacing Title III Lawsuits With Government-To-Government Negotiation
Settlement Possible Without Cub/a Putting Up Cash
Every Country Cub/a Owes Will Benefit From A Settlement
EU Should Be Supportive As Their Companies Benefit

The United States government retains broad discretion to negotiate a settlement on behalf of the claims certified by the United States Foreign Claims Settlement Commission (USFCSC) within the United States Department of Justice. There exists a pre-positioned constituency among the certified claimants in support of a prompt resolution.

Unknown is whether within the Biden Administration exists a confidence that direct negotiations to resolve the certified claims can develop independent of a resolution for other bilateral issues with the Republic of Cub/a.

The issue of the certified claims has survived one century to the next century, seven decades, and twelve (12) presidencies: Eisenhower Administration, Kennedy Administration, Johnson Administration, Nixon Administration, Ford Administration, Carter Administration, Reagan Administration, G.H.W. Bush Administration, Clinton Administration, G.W. Bush Administration, Obama Administration, and Trump Administration. Thirteen is considered by some an unlucky number.

Structure Of A Resolution

A certified claims settlement should be based upon the payment of 100% of the value of each certified claim. Even with a full settlement based upon principal and interest, the annual rate of inflation has substantially diminished the value of each certified claim.

Opportunities for settlement include, but are not limited to, 100% compensation, debt-for-equity swaps, and substitution investments (one structure for another; one piece of land for another, etc.).

Portions of monies owed could be transformed into tradable equity positions which a certified claimant could use or could redirect or could market to a third-party.

In combination with or separately from compensation formats, the Republic of Cuba could provide transferable values to the certified claimants including:

Income Tax Holidays
Import duty exemptions
Reduced energy rates
Property tax credits
Earned income tax credits
Issuance of commercial paper

Resolution is the means to the goal in whatever form such resolutions may take for the largest United States corporate claimants (e.g., debt-for-equity swaps for new direct foreign investment opportunities, or property restitution combined with re-investment in once-owned properties, or the sale of development rights to third parties, United States-based or non-United States-based). The goal is closure.

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