Report from NOBA’s Delegation to Havana, Cuba
Held on November 9-14, 2014
Mark C. Surprenant, 2013-14 President and Delegation Leader
Walter J. Leger, Jr., 2014-15 President
Phillip A. Wittmann, 2003-04 Past President
Judy Barrasso, 2014-15 President-Elect
José R. Cot, Chair, Study Group on Cuba
Mark A. Cunningham, 2015-16 LSBA President
Jan M. Hayden, Board of Directors
Helena N. Henderson, Executive Director
BACKGROUND and MISSION OF THE STUDY GROUP ON CUBA
Historical Ties and Shared Civil Law Heritage
The New Orleans Bar Association (NOBA) approved the
creation of the Study Group on Cuba for the purpose of
providing the local Bar a forum for the learned study of
the Cuban legal system, including its constitutions, laws
and regulations. A central premise of this initiative was
recognition of the historical ties between New Orleans
and Cuba, as well as our shared experiences in the Civil
Law tradition. The Study Group underscored our belief
that Louisiana's unique experience as a mixed jurisdiction
would serve as a template for both American and Cuban
lawyers to engage in collaborative legal and technical
endeavors, and explore areas where comparative analysis
could be helpful as Cuba transitions to a market economy.
Bronze of José Marti, the Cuban national hero and
noted Latin American philsopher and writer.
The Study Group vowed not to engage in political debate or to advocate agendas regarding U.S.Cuba relations. Instead, the Study Group resolved that its mission would be to promote more
nuanced understanding and analysis regarding the Cuban legal system. In addition to sponsoring
speakers and developing reliable materials regarding Cuban law, the Study Group also began the
process of identifying contacts in Cuba with the objective of coordinating official travel to the
Island. To that end, the Study Group studied the applicable provisions of U.S. law regarding travel
to Cuba and delineated a protocol to sponsor a NOBA delegation.
NEW ORLEANS BAR ASSOCIATION’S DELEGATION TO HAVANA, CUBA
• Members of the 2014 Delegation to Cuba
1. Mark C. Surprenant
2013-14 President, New Orleans Bar Association
Leader, NOBA Delegation to Cuba
2. Walter, J. Leger, Jr.
2014-15 President, New Orleans Bar Association
3. Philip A. Wittmann
2003-04 President, New Orleans Bar Association
4. Judy Y. Barrasso
2014-15 President-Elect, New Orleans Bar Association
5. José R. Cot
Co-Chair, Study Group on Cuba
6. Mark A. Cunningham
Board of Directors, New Orleans Bar Association
2015-16 President, Louisiana State Bar Association
7. Jan M. Hayden
Board of Directors, New Orleans Bar Association
8. Helena N. Henderson
Executive Director, New Orleans Bar Association
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Preliminary Meetings
Prior to traveling to Havana, we held several meetings during which background and
technical information were exchanged, the preliminary itinerary was fine-tuned, and
delegation members were briefed on various aspects of Cuban law and the Cuban legal
system.
U.S. Department of Treasury, Office of Foreign Assets Control Licensing / Visa Compliance
We traveled to Cuba pursuant to a specific license for professional research issued by the
U.S. Treasury Department’s Office of Foreign Assets Control and corresponding visas issued
by the Cuban government. The trip was coordinated through Academic Travel Abroad, Inc.
(Washington, DC) and their Cuban counterpart, Marazul, which is a travel agency of the
Cuban government.
Selected Materials / Outline of Issues/ Topics
Prior to our trip, we surveyed selected publications regarding U.S.- Cuban relations, Cuban
law and the Cuban legal system, including law review articles, texts, and official publications
of the U.S. government. We prepared an outline of critical issues and topics for discussion
during our scheduled meetings in Cuba.
Direct Contacts with Cuban Lawyers/ Professors
We also made contact with several Cuban lawyers and law professors by way of making
introductions, establishing initial contacts and identifying potential areas of discussion and
collaboration. These preliminary contacts proved beneficial in laying the groundwork for
our discussion in Havana.
Meeting with Rolando Anillo, Esq.
On November 8th, the delegation traveled to Miami and met with attorney Roland Anillo,
who is a member of NOBA and admitted to both the Louisiana and Cuban Bars. Mr. Anillo
has been actively involved with the Study Group from its inception and has provided
valuable technical advice to the Study Group regarding the Cuban legal system and travel to
Cuba. Mr. Anillo provided an overview of the Cuban legal system, including the legal
profession and the practice of law in Cuba. He also answered technical and logistical
questions regarding various aspects of our trip.
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OFFICIAL ITINERARY
• National Union of Jurists of Cuba (UNJC) -- Meetings with Law Societies
On November 9th, we arrived at José Martí International Airport in Havana, where we were
met by representatives of Marazul, including our guide and interpreter, Jesus García. We
were then taken to the hotel Meliá Cohiba located in the Vedado district of Havana.
During November 10-12, we attended meetings with Cuban lawyers, jurists and law
professors through the various law societies of the National
Union of Jurists of Cuba (UNJC) (Cuban Bar Association).
Our key contact at UNJC was Dra. Dorys Quintana.
Specifically, we met with the Cuban Society of Commercial
and Maritime Law, the Cuban Society of Constitutional and
Administrative Law, the Cuban Society of Civil and Family
Law, and the Cuban Society of Economic, Financial and
Commercial Law. The meetings were very engaging,
insightful and informative. The round-table format was
conducive to open exchanges and lively discussion. We
covered a broad range of issues and were impressed with
Mark Surprenant presents Louisiana
Civil Code to Justice of Cuban Supreme
the expertise, qualifications and candor of our
Court .
counterparts in Cuba. Most notably, we enjoyed our
discussions with Lic. Elpidio Perez Suarez, former Justice of the Cuban Supreme Court and a
member of the Society of Commercial and Economic Law of the Ministry of Foreign Trade.
We presented copies of the Louisiana Civil Code to our counterparts, a gesture which was
well received.
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University of Havana
On November 12th, we toured the University of Havana, including the law school and main
administrative buildings. In the afternoon, we met
with Vice Chancellor Rita Rial and Dr. Jose Manuel
Febles Gonzalez, Director of International Relations,
and presented them a football signed by LSU Head
Coach Les Miles by way of commemorating a
friendly game of American football played between
the universities in 1907. Mark Surprenant was
instrumental in obtaining the autographed football
Mark Surprenant and the NOBA Delegation
and coordinating the details with LSU. University of present the LSU football to the University of
Havana representatives expressed gratitude for this Havana’s Athletic Director.
gesture and indicated that the autographed football would be displayed in the University of
Havana’s trophy room. This was a very memorable experience for all of us and one of the
highlights of our trip to Cuba.
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Cuban Chamber of Commerce / Court of International Commercial Arbitration
On November 12th, we visited the Cuban Court of International Commercial Arbitration
(CCICA), which was created by Decree Law No. 250
in 2007. The Court is an autonomous nongovernmental agency with its main function being to
support Cuban foreign investment and trade. The
Court is linked to the Cuban Chamber of Commerce,
where it has its official seat. The meeting was led by
Cuban arbitrators and mediators, who discussed the
Court's jurisdiction and legal framework, its
governing rules and procedures, the recognition and
enforcement of arbitral awards in Cuba, and the
Mark Surprenant presenting the Louisiana Civil
evolving field of mediation and ADR in Cuba. We
Code to Dr.Narciso Cobo, Vice-President,
were particularly impressed by the presentations
Cuban Chamber of Commerce, and member of
the Cuban Arbitration Court.
made by Dr. Armando Castanedo Abay and Prof. Ana
Maria Pozo Armentero. Dr. Castanedo is a member of the Arbitration Court and Prof. Pozo
is a professor of family law and a certified mediator.
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Bufetes Colectivos (Collective Law Firms)
On November 13th, we participated in a group meeting with other American lawyers and
our Cuban counterparts who are members of the Bufetes Colectivos (BES) (law firm
collectives) to discuss various aspects of Cuban law, including criminal law and procedure,
civil trials, the practice of law in Cuba, the role of lawyers in the political process, and other
aspects of civil law and procedure under Cuban law. The meetings were sponsored by the
Organización Nacional de Bufetes Colectivos (ONBC), which exercises governance and
regulatory authority over the individual Bufetes Colectivos. The key speaker was Dr. Ariel
Manteon Ramos, President, and Dr. Hernandez Groheba, Executive Secretary. Unlike the
meetings that we attended at the Cuban Bar Association, this was a much larger group
which did not afford a good opportunity for closer engagement. Nevertheless, we raised a
number of important substantive questions regarding the importance of an independent
Bar, including the ability of private citizens to seek redress for tortious conduct and
remedies against the state / government agencies.
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The Cuban Institute for Friendship with the Peoples (ICAP)
On November 12th, we also visited the Cuban Institute for Friendship with the Peoples
(ICAP) which is a non-governmental organization designed to reach out to the international
community and form ties of friendship between Cubans and citizens of other countries.
ICAP coordinates work brigades comprised of international volunteers who are eager to
learn about Cuban society.
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Historic Havana / Paladares / Fine Arts Museum
Throughout our trip, we visited both government owned restaurants as well as paladares,
which are privately owned businesses. We also toured Havana’s historical center, including
its fortification system, which was designated by UNESCO as a World Heritage site in 1982.
We also visited the Fine Arts Museum, which boasts of an impressive collection of art and
sculptures by renowned Cuban artists.
U.S. INTERESTS SECTION
• Briefing on U.S.-Cuban Relations by Deputy Chief of Mission, Conrad Tribble
On November 11th, we visited the U.S. Interest
Section of the Embassy of Switzerland in
Havana, which is the de facto U.S. Embassy in
Cuba. We met with Deputy Chief of Mission,
Conrad Tribble, who provided us an in-depth
briefing of U.S.-Cuban relations. The discussion
was most interesting, informative and
insightful. Mr. Tribble, his wife, Christina
Tribble, who is the Cultural Affairs Officer and
members of their staff, were very supportive of U.S. Special Interests Section in Havana, Cuba.
our delegation and encouraged us to establish
contacts with independent lawyers in Cuba.
POST-TRIP DEBRIEFING
• Feedback from Meetings
The delegation received significant praise from the many Cuban lawyers, jurists and law
professors with whom we met while in Havana. They were impressed with the questions
that we posed to them and our challenge of the limitations of the Cuban legal system,
particularly on the important issue of human rights.
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Post-trip contacts with Cuban lawyers
We have remained in close contact, via the Internet and telephone, with many of our
counterparts in Cuba and expect that these contacts will grow in the future.
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Post-trip contacts with the U.S. Interest Section
We have remained in contact with officials at the U.S. Interest Section, particularly
regarding our potential networking with independent Cuban lawyers and the recent
announcement by President Obama regarding normalization of U.S.-Cuban relations.
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Feedback from New Orleans Bar Association lawyers
We have received very positive feedback from members of the local Bar, with many
expressing interest in joining the Study Group and participating in future NOBA-sponsored
delegations to Cuba.
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RECOMMENDATIONS
Since returning from Cuba, we have gathered to reflect upon the trip, Cuba’s reality, the Cuban
legal system, the recent announcements made by President Obama regarding normalization of
U.S.-Cuban relations, and the Study Group’s next steps. Based on this analysis and reflection,
we make the following recommendations to the NOBA Board regarding the Study Group’s
agenda and future work:
• Although the Study Group should continue to refrain from offering views on Cuba’s political
future, its mission should be expanded to further identify ways in which we can offer
technical support to Cuban lawyers as they reform their laws and develop the necessary
legal institutions to support Cuba’s transition to a market economy.
• NOBA should continue to sponsor professional research delegations to Cuba.
• The Study Group should continue to pursue collaboration with the Cuban Bar Association
(UNJC), including sponsoring speakers, CLE programming and providing technical assistance
and support to Cuban lawyers. This should include sponsorship of Cuban jurists and lawyers
as appropriate to develop a better understanding of the Cuban legal system. A component
of these efforts could be sponsorship of a workshop on the legal and technical aspects of
small businesses.
• The Study Group should continue to study developments in Cuba and compile resource
materials regarding Cuban law, the legal profession in Cuba and the Cuban legal system.
These materials will be available to members of the NOBA.
• The Study Group should work with the recently-formed NOBA Study Groups on Mexico and
Panama in order to develop a coordinated approach to the region in light of recent reforms
regarding Mexico's oil and gas industry and the issues associated with the expansion of the
Panama Canal. Likewise, the Study Group will continue to collaborate with other NOBA
Committees addressing issues of interest regarding Cuba.
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