Interesting ruling: Judge rules on crusies to Cuba

[El Presidente]

 

https://www.ncadvertiser.com/news/article/Judge-Cruises-to-Cuba-were-not-allowed-17021163.php

Judge: Cruises to Cuba were not allowed, companies must pay

ADRIANA GOMEZ LICON, Associated Press

March 22, 2022Updated: March 22, 2022 4:41 p.m.

 

Comments

 

MIAMI (AP) — A federal judge in Miami said in a ruling that four of the largest cruise companies engaged in tourism to Cuba that was barred by U.S. law between 2015 and 2019.

U.S. Judge Beth Bloom said in Monday's ruling that Carnival, Norwegian, Royal Caribbean and MSC Cruises must compensate the descendants of a U.S. businessman for using a Havana terminal that was confiscated after the Cuban revolution for those trips made outside the travel categories allowed by law.

After former President Barack Obama's detente with the island, cruise companies were issued licenses by the U.S. Treasury Department to carry American passengers to Cuba. But that did not mean people could travel for tourism, the judge said.

“The fact that OFAC (The Office of Foreign Assets Control) promulgated licenses for traveling to Cuba, and executive branch officials, including the president, encouraged defendants to do so, does not automatically immunize defendants from liability if they engaged in statutorily prohibited tourism,” Bloom wrote.

She said in her decision that the matter could proceed to trial to decide on monetary damages.

[Chas.Alpha]

Anything I post to this topic will be immediately (and rightfully) deleted by the moderators, therefore I shall not bother... 😔

[MrBirdman]

That whole thing never made sense to me for exactly the above reason. Congress codified the embargo decades ago. 

[AlohaStyle]

Yep... either way you look at it, many of our thoughts on this, if turned into replies here, will earn a ban...   lol 

[Puros Y Vino]

[Corylax18]

So what's next? OFAC (roughly 200 people) are now going to investigate 10s of thousands of itineraries to prove people engaged in tourism? How else do you prove a breach of license? If this ruling becomes precedent it seems this would expose anyone who traveled to Cuba during this period, regardless of how. Cuba stole the airports from some one too........

So, hundreds of thousands, maybe a million total itineraries (and growing) to be reviewed by a couple hundred people? Just like the backlog to review immigration requests. Ill start to worry in 10 or 15 years. 

[MrBirdman]

6 minutes ago, Corylax18 said:

So, hundreds of thousands, maybe a million total itineraries (and growing) to be reviewed by a couple hundred people? Just like the backlog to review immigration requests. Ill start to worry in 10 or 15 years. 

Pretty sure it’s just against the cruise lines. 

[Corylax18]

2 hours ago, MrBirdman said:

Pretty sure it’s just against the cruise lines. 

Yes. This lawsuit, for now.

But the legal precedent is the same weather we're talking cruise lines/a port or Airlines/an Airport. The whole basis for this lawsuit is that the Government stole the cruise port. The Cuban government stole the airport from some one too(atleast the land its on), if the second cousin of that someone's great great grandson finds the right lawyer, we're having this same conversation again. Sure the airlines might carry mostly mules, with Cuban passports, but they also carry PLENTY of tourists. 

[MrBirdman]

4 minutes ago, Corylax18 said:

Yes. This lawsuit, for now.

But the legal precedent is the same weather we're talking cruise lines/a port or Airlines/an Airport. The whole basis for this lawsuit is that the Government stole the cruise port. The Cuban government stole the airport from some one too(atleast the land its on), if the second cousin of that someone's great great grandson finds the right lawyer, we're having this same conversation again. Sure the airlines might carry mostly mules, with Cuban passports, but they also carry PLENTY of tourists. 

Don’t get me wrong, this is all litigious nonsense, but that’s the law for you!

[Corylax18]

3 minutes ago, MrBirdman said:

Don’t get me wrong, this is all litigious nonsense, but that’s the law for you!

Haha. We agree on that!

[Huckleberry]

I'm still befuddled by, and trying to determine how the Godfather was racist.

[NSXCIGAR]

1 hour ago, Psiman said:

This all reeks of extortion and some one getting money to make this an issue 

Exactly. Everyone knows the feds go nuts with high-profile cases and corporate targets with deep pockets. 

This probably only got the feds attention because some competitor cruise lines that were abiding by the rules ratted them out and donated a bunch of money to a congressperson to get the ball rolling. 

The average private traveller to Cuba isn't going to have this problem.