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U.S. presidents have power under the 1917 Trading with the Enemy Act to impose embargoes on trade with foreign countries. In 1963, President Kennedy acted under that statute to embargo trade with Cuba and, pursuant to that embargo, the Treasury Department issued the Cuban Assets Control Regulations (“CACR”). The CACR prohibit most transactions between Americans and Cubans. The regulations contain certain exceptions that can be amended, modified or revoked at any time. One such exception allowed Cuban-affiliated entities to register and renew U.S. trademarks.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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