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"First US flagged yacht to charter in Cuba"... OH REALLY?

Discussion in 'General Yachting Discussion' started by AffrayedKnot, Aug 19, 2015.

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  1. AffrayedKnot

    AffrayedKnot Senior Member

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    I was a bit curious when reading the numerous (repeated) stories… (same press release), about the NuMarine 78 “Still Water” arriving in Havana as the first American Charter Yacht in 50 years.

    First I wondered: how was a Turkish built vessel granted a USCG charter ticket. Well of course a MARAD wavier would sate that particular bureaucracy. But, I soon learned that there was no such waiver granted to a vessel named Still Water.

    Hmmm… I thought; are they actually running the first, and well publicized, trip to Cuba as an outlaw charter? Say it ain’t so. This could unravel the Obama administration’s entire Cuba initiative. If we again lose Cuba, how could we possibly hope to tame Iran?

    So I desperately dug deeper… but only to find no such vessel registered with the USCG.
    Then I found the answer, in an unpublished catalog of Cuban tourist photos.

    Still Water NuMarine 78.jpg

    Shameless promotion by a US Broker.

    I guess we shall stay tuned for the first "real" US Charter Vessel, to reach Havana.
  2. colintraveller

    colintraveller Senior Member

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    i read that there is now ferry service from miami but to even get on board to travel to Cuba you have to meet 13 requirements .

    And for yacht charters how many requirements would guests need to meet to even be allowed to sail in and around cuban waters ..
  3. dennismc

    dennismc Senior Member

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    There is nothing to prevent a non US vessel, picking up charters in the US and delivering them to Cuba, Cuban law would prevail. So I have been advised by a well respected and looong time International broker.
  4. colintraveller

    colintraveller Senior Member

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    On the Superyachts website it says permission was given by US Treasury dept ..

    quoted from the article ..

    Performing the charter under a license granted by the U.S. Treasury Department to Paul Madden Associates, LLC., the charter began by processing applications through strict U.S. Visa Laws.

    After several months of work, the yacht entered the country on a person-to-person permit, one of the 12 different types of exemption American citizens can apply for in order to visit Cuba.
  5. AffrayedKnot

    AffrayedKnot Senior Member

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    And that certainly is the case here.
    The SYT article headlines: "Cuba welcomes first US yacht into marina"
    The press release and subsequent stories' angle was that 'Still Water" was a US Flagged vessel.
    But what was annoying or (MADDENing) was the shameless self promotion based on a false narrative.
  6. colintraveller

    colintraveller Senior Member

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    I did a google check .. same headline can be found on other sites . again people in the journo world take things at face value as gospel truth ..


    but if you don't pursue in what you believe is false truths being printed by letting such sites know the truth ....then more falsehoods will still be forever printed
  7. FeBo

    FeBo New Member

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    Press Release:

    Numarine and its Florida Dealer Citimarine LLC would like to clarify extra details as following:

    -Numarine is the proud producer of the Numarine 78 Fly, named Still Water by its owner.

    -Numarine and its Florida Dealer Citimarine LLC were not involved in any way in the direct organization of the cruise to Cuba.

    -Paul Madden Associates, and Paul Madden Associates only, as charterers of Numarine M/Y Still Water performed the charter under a license granted by the U.S. Treasury Department, in strict compliance with U.S. Visa Laws and Procedures, without any illegal “bypassing” of any ban or embargo.

    -Numarine and its Florida Dealer Citimarine LLC invite any and all American-owned vessels, American owners of vessels and American charterers of vessels wanting to visit the island of Cuba to to verify with US Authorities if they can legally visit the island before embarking on any trip, since violating the embargo is a felony under U.S. Law and can result in arrest, seizure of the vessel, and heavy fines.

    -Currently, the Trade Embargo with Cuba - the Helms-Burton Act - remains in full effect.

    -Paul Madden Associates LLC is the only company licensed to charter yachts from the USA to Cuba as of this dates as stated by Paul Madden.

    -Numarine and its Florida Dealer apologize for any confusion the previous press release might have generated to media.
  8. AffrayedKnot

    AffrayedKnot Senior Member

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    I certainly appreciate that Numarine would regret that Broker Madden traded on their Brand for his promotional hoax

    The rest of the statement remains as “Hillary-Speak”, off-point fact to divert from the real issue. The crux of the promotion was that the vessel was a U.S. Flagged vessel, and the first to enter Cuba on commercial passenger charter. And… this was a manifest deception.

    License negotiation with the U.S. Treasury Department was based on passenger or citizen visas and not that of the vessel. Treasury has little or no concern that a BVI entity would be visiting Cuba. However the USCG may take issue with a foreign flagged vessel engaging commercial passenger charter in U.S. waters, without MARAD waiver.

    {U.S. citizens can legally travel to Cuba if they are engaging in activities such as professional research, participating in an athletic event, performing in a concert, working on a humanitarian project or taking part in educational activities. (the "Still Water" trip was arranged and organized by Jim Friedlander, president of Academic Arrangements Abroad)
    Previously many of these activities required applying for a specific license and maneuvering a labyrinth of government bureaucracy. Now many U.S. citizens can essentially "self-license" if they believe their travel to Cuba meets the legal requirements
    .} Yet it remains that, Americans are still not allowed to visit Cuba for the purposes of tourism.

    Nevertheless, U.S. flagged vessels are not uncommon in Cuba. On the same day Madden was flooding the media with fantasy press releases, an AP photographer caught this shot of ‘Sails Tactic’ as she cruised by ‘Still Water’ at berth.

    Sails Tactic - Hemingway 6-Aug-2015.jpg
    Last edited: Aug 21, 2015
  9. Pascal

    Pascal Senior Member

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    That boat is home based next piere from us and I m pretty sure it has RED underwater lights along the hull side and transom. What an appropriate color to go to cuba... Matches the blood of the castros victims.

    Seriously. USCG doesn't not restrict foreign flagged boats to run bareboat charters in U.S. waters.

    http://www.uscg.mil/d7/sectmiami/pdf/CharterBrochure.pdf
  10. Perlmudder

    Perlmudder Member

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    I had no problem visiting Cuba, you just cannot fly directly from the US (obviously). I went to Cuba this past winter flying from Canada with my US passport. I kindly asked that they not stamp my passport, and they happily obliged and happily took my money. On my return Canada did not have any issues with letting me in the country, or the fact that I had left and returned without a stamp in my passport. They will however hit all US currency with a 10% tax when you exchange money.
  11. twnich

    twnich Member

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    One can fly directly to Cuba from the US, I have done so twice in the last 4 years.

    The Cuban customs/immigration officers will not stamp a US passport as they are forbidden by their government from doing so. (I asked them if they would stamp mine, and they apologized and said they couldn't.) They did however stamp my Visa entering and exiting the country.

    There was no "tax" on currency exchanges. US dollars were exchanged for about .96 to 1.00. Cheaper exchanges can also be had.

    Car rentals are expensive. Gasoline cheap.

    I returned to the US with a couple of bottles of very nice Havana Club rum and a couple cigars, and the US customs guys just laughed and told me not to do it again...or they would have to confiscate. Wink, wink, nod, nod.

    Wonderful people, wonderful hospitality, wonderful country, I hope the Cuban people prosper as the ridiculous embargo ends.
  12. MichaelTMoore

    MichaelTMoore New Member

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    Paul Madden Associates, LLC's ("PMA") first commercial charter from the U.S. to Cuba since the revolution was legal. I helped PMA and PMA had all of its ducks lined up in both the U.S. (Department of Commerce? Check! Department of Treasury? Check! Department of Homeland Security? Check! And in Cuba all permits and licenses were also in order. And importantly, a good time was had by all!. I don't think the post trip marketing by PMA should be considered "shameless self promotion". He is in the BUSINESS of chartering Vessels to and from Ports of the U.S. and in and around Cuba. As his maritime lawyer, I wish him every success. Michael Moore
  13. JWY

    JWY Senior Member

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    Hey Michael - great to see you onboard YF!! If you handled the transactions, I'm confident it was done properly. I hope you will be a contributor to other threads as appropriate. Your name has been mentioned numerous times in YF threads previously, all positive of course.

    Judy
    :)
  14. MichaelTMoore

    MichaelTMoore New Member

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    Thanks Judy....just thought of you the other day! How are you?
  15. JWY

    JWY Senior Member

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    Great, thanks! Will send private email.

    J
  16. AffrayedKnot

    AffrayedKnot Senior Member

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    Greetings Mr. Moore - I think neither you nor any of your ambitious associates would venture to argue that Mr. Madden introduced the first U.S. flagged charter vessel to Cuba. And specifically, you would be hard pressed to convince anyone that “Still Water”, the vessel at instant is a U.S. Flagged vessel.

    Mr. Madden could have simply and graciously promoted himself as an operator of recreational charters from the U.S to Cuba. His attempt to “spin” his press releases sadly creates a false narrative. As such, the end result is shameless self-promotion.

    And, welcome to Yacht Forums, I am certain we all can benefit from your depth of knowledge and experience.
  17. yachtie

    yachtie New Member

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    Greetings AffrayedKnot. 'Tis I who operated STILLWATER on it's charter to Cuba under my company's U.S. Treasury License, and our Commerce Department License; as well as a U.S. Coast Guard Permit to enter Cuban Territorial Waters. STILLWATER was built in Turkey and is registered in the BVI's, and my company filed all the paperwork in that regard and have never stated otherwise. Reporters do sometimes make errors and luckily they have readers to correct them.
    Our press releases do tend to promote our company. Is that shameless? Perhaps it is...
    We are still the only U.S. yacht company to hold a Treasury/OFAC License to operate vessels into Cuba, and to act as a "Carrier" under OFAC regs (in the same way that Carnival is a "Carrier"). We have run more vessels (U.S. and foreign) into Cuba legally in the last year than any other operator (U.S. or non-U.S.). Private owners may now self-license their visits to Cuba and more and more U.S. vessels are taking advantage of this, which is a good thing. This is still highly regulated and the penalties for doing it wrong may bring large fines and can result in criminal prosecutions. That is why we rely on lawyers like Michael Moore to advise us, and we stay in close contact with USCG District 7, along with U.S. Treasury and Commerce.
  18. Ken Bracewell

    Ken Bracewell Senior Member

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    Welcome aboard Michael. Nice to see a familiar face, even if it is from across the Pacific!
  19. AffrayedKnot

    AffrayedKnot Senior Member

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    Mr. yachtie,

    Promotion is a healthy practice in the business process, as long as the message remains factually and intellectually honest. I remain of the opinion that the message in your Cuban Charter promotion from this past August is neither. If we were to unpack your statements in your post above, it appears to me that you would choose to deflect the responsibility of accuracy, or the failure thereof, to each reporter that was kind enough to run your press broadcast. If you communicated or even insinuated to the media community that you were responsible for the first U.S. flagged charter vessel to enter Cuban waters in 50 years, you were then dishonest. If this is the case, I will stand corrected and submit here that this was not at all shameless, but to the contrary a wholly shameful action on your part.

    Outside your self-promotion, I encourage a robust charter trade between the U.S. and Cuba. I believe there is great value in this cultural exchange, and encourage any legal revenue stream available to Florida Charter Captains.

    Now, what is remarkable and likely the most newsworthy piece of this particular forum discussion, is the celebrated appearance of Mr. Michael Moore. The prolific Mr. Moore appears on more admiralty dockets in the USDC Southern District of Florida than any other jurist or litigant. What is notable is that his first appearance here comes in your defense. Something good comes from this after all.
  20. Perlmudder

    Perlmudder Member

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    While poker runs and fun runs are not typically discussed here, I think it should be noted that the Florida Powerboat Club did a run from Miami to Cuba with 20 boats, and roughly 120 people. Most boats were US registered, and most participants were American. This is something that was not possible long ago, so it is nice to see that Cuba, although probably a bureaucratic nightmare, is slowly becoming a viable option as a place to visit.