REPRESENTATION OF TOURISM AND TRAVEL SUPPLIERS FOR CUBA AND OTHER RESTRICTED COUNTRIES I-Travel and Tourism Law A-History B-Clients 1-Travelers 2-Travel Agencies-corp. work and asset protection 3-Tour Companies-asset protection, internet, trademark 4-Hotels-buy sell, management agreements 5-Cruise Lines 6-Airlines
C - Organizations 1-IFTTA (International Forum for Travel and Tourism Advocates) 2-IBA – Tourism Law Committee 3-Travel Law Committee of the ILS, Fl. Bar
II Trade and Travel Restrictions – Governing Bodies • OFAC –United States Treasury Dept. • United Nations-U.N. Sanctions List • European Union • Individual Countries III- OFAC- Definition of Duties • Administer and Enforce Economic and Trade Sanctions • Publication of Alert List
Link: http://www.treas.gov/offices/enforcement/ofac/actions/index.shtml firstname.lastname@example.org
IV -Representation of Sellers and Providers of Travel Hotels Cruise Lines Aviation Travel Agencies Tour Companies The Ethics of Counseling the Solo Traveler a-Yachting to Cuba b-The Triangle Trip
CUBA – CARIBBEAN TOURS Sun – Beaches - Relax
V- President’s Initiative On Family Visits, Remittance, and Telecommunications- A Whole New Ball Game For Cuba • Unrestricted Travel for Persons of Cuban Descent • Unlimited Family Clothing and Supplies • New Demand for OFAC Authorized Travel Service Provider assistance 1-In Florida – Registered and bonded Seller of Travel (FS 559.926-559.939) 2-Application for Travel Service Provider under OFAC d) New Demand for OFAC Authorized Carrier Service Providers e) Ferry Service Provider Ports
License System for Companies and Persons Outside the Scope of the President’s Initiative A-General License Official Govt. Business Journalist and Supporting Broadcast Personnel Full Time Professional Researchers Conducting Business or Attending Professional Meetings or Conferences B-Specific License Educational Activities Religious Activities Public Performances (Athletic and other competitions and exhibitions) Support For the Cuban People (Humanitarian Projects) Activities of Private Foundations or Research or Educational Institutes The Exportation, Importation or Transmission of Information or Informational Materials
VII Non Permitted Travel • Pre-Paid Tourist Packages • Visitors For Pleasure VIII -The Future- HR 4645, The Travel Restriction Reform and Export Enhancement Act • Permits direct sale of American commodities to Cuba • Allows some direct Financial Transactions • Opens door for tourism
IX- Independent Presidential Action- • Possible or Probable? • Obama May Ease U.S. Travel to Cuba Even If Congress Won't Act By Jens Erik Gould and Nicole Gaouette - Aug 9, 2010 12:00 AM ET Obama may change rules to allow more Americans to visit Cuba on educational and cultural trips. Photographer: Brendan Hoffman/Bloomberg A move by President Barack Obama to ease travel restrictions to Cuba would allow the administration to change U.S. policy toward the island even if legislation to repeal a wider travel ban isn’t approved by Congress this year.
X-Tourism’s Potential and Potential Problems • Aviation- • No mass influx of U.S. Air Carriers without Open Skies Agreement • Inability of Cubana Airlines to fly within U.S.- Serious concern over ability to meet aviation safety standards, lack of sufficient aircraft to service U.S. • Likelihood of Charter System to Remain
CUBANA Cubana de Aviación S.A., commonly known as Cubana, is Cuba's largest airline and flag carrier. The airline was founded on 8 October 1929, and has its corporate headquarters in Havana. Its main base is at José Martí International Airport. It was a founder and is a current member of the International Air Transport Association (IATA), the International Association of Aeronautical Telecommunications (SITA) and the International Association of Latin American Air Transportation (AITAL).
B-Hotels Insufficient Availability and Services Contracts with U.S. Hotel Chains Requirements for Cuban Partnerships as in China Contract Disputes Land lease or ownership C-Cruises Port Facilities inadequate Insufficient infrastructure and the opportunities for the international contracts lawyer Tours Tour buses Shopping Handling Passenger Complaints- legal system
D-Tour Companies and Travel Agencies – Not Just Cuba • Travel and Medical Insurance-Is it a feasible reality • High Risk Tourism-Waivers • Joint Ventures and liabilities
XI- The Cuban Legal System • Are Florida Lawyers Prepared ?. Cuba : Law and Lawyers January 16, 2010 - January 25, 2010 SEMINARS IN CUBA
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