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Cuban Assets Control Regulations
License No. CU-74550
LICENSE
(Granted under the authority of 50 U.S.C. App. 5(b), 22 U.S.C. 2370(a), 22 U.S.C. 6001 et seq., Proclamation 3447, and 31 CFR Parts 501 and 515)
To: Rabinowitz, Boudin, Standard, Krinsky. & Lieberman, P.C. (the "Licensee")
740 Broadway at Astor Place, Fifth Floor
New York, NY 10003-9518
ATTN: Michael Krinsky, Esq.
1. Pursuant to your application dated February 11, 2005 (altogether, the "Application"), the following transaction(s) is hereby licensed:
* * * * * SEE REVERSE * * * *
2. This license is granted upon the statements and representations made in your application, or otherwise filed with or made to the Treasury Department as a supplement to your application, and is subject to: the conditions, among others, that you comply in all respects with all regulations, rulings, orders and instructions issued by the Secretary of the Treasury under the authority cited above and the terms of this license.
3. The licensee shall furnish and make available for inspection any relevant information, records or reports requested by the Secretary of the Treasury or any duly authorized officer or agency of the Secretary.
4. This license is not transferable, is subject to the provisions of 31 C.F.R. Parts 501 and 515, and any regulations and rulings issued pursuant thereto and may be revoked or modified at any time at the discretion of the Secretary of the Treasury acting directly or through the agency through which the license was issued, or any other agency designated by the Secretary of the Treasury. If this license was issued as a result of willful misrepresentation on the part of the applicant or his duly authorized agent, it may, in the discretion of the Secretary of the Treasury, be declared void from the date of its issuance, or from any other date.
5. This license does not excuse compliance with any law or regulation administered by the Office of 'Foreign Assets Control or another agency (including reporting requirement) applicable to the transactions) herein licensed, nor does it release the Licensee(s) or third parties from civil or criminal liability for violation: of any law or regulation.
Issued by direction and on behalf of the Secretary of the Treasury:
OFFICE OF FOREIGN ASSETS CONTROL
Robert W. Werner [6/10/2005]
Director
[Attention is directed to 19 U.S.C. 1592 and 1595a, 18 U.S.C. 545, 18 U.S.C. 1001, 50 U.S.C. App. 16, and 31 CFR 515.701 et seq. for provisions relating to penalties.]
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SECTION 1 - AUTHORIZATION: (a) All necessary transactions are authorized to enable the Cuban entity Habanos, S,A, ("Habanos"), to file and prosecute an opposition in the Trademark Trial and Appeals Board of the United States Patent and Trademark Office ("USTPO") to an application to register the trademark , HAVANA CLUB in international class 34 for cigars filed by Anncas, Inc. USTPO Serial Number 7863024, and to pay all necessary filing and other fees in connection therewith.
(b) The law firm of Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C. is authorized to provide legal representation to Habanos in said opposition proceedings, to solicit and receive from Habanos, or other appropriate Cuban entity, legal fees for said representation and reimbursement for any expenses incurred in connection with that representation, provided that the payments originate from a source not currently within the United States, within the possession or control of a person subject to U.S. jurisdiction, and such payment is not made from a blocked account or blocked funds.
(c) The law firm of Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., is authorized to open and maintain an escrow account at a U.S. financial institution for funds to be used to cover fees and expenses to be incurred in connection with the legal representation authorized by the license and to return to its source outside the United States any unused portion of advances held in the escrow account.
SECTION 2 — REPORTING REQUIREMENTS: (a) The Licensee must submit copies of all pleadings, motions, memoranda, exhibits, stipulations, correspondence, and proposed orders or judgments (including any , proposed final judgment or default judgment) submitted to the court or decision-making body, and of all orders, decisions, opinions, or memoranda issued by the court or decision-making body to Office of Chief Counsel, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue, N.W., Annex *Bldg., Washington., D.C. 20220, within ten days of filing, submission or issuance.
(b) The Licensee must report by immediate telephone call or facsimile transmission to the Chief Counsel's Office, Office of Foreign Assets Control (tel: 202/622-2410; fax: 202/622-1911), the scheduling of any hearing, or status conference in legal proceedings whenever it appears that a court or decision-making body may issue an order or judgment or default judgment or is considering or may decide any pending motion dispositive of the merits of an action or of any claim raised in an action. See 31 CFR § 501.605.
SECTION 3 - WARNING 2 (a) Except as authorized in Section 1 above, nothing in this license authorizes persons subject to the jurisdiction of the United States to engage in any transaction or activity prohibited by the Cuban Asset Control Regulations.
(b) Nothing in this license authorizes a debit from any blocked account.
SECTION 4 - PRECEDENCE: The authorization contained in this license is limited to the facts and circumstances specific to the application.
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1) Compare License No. CU-78926-a, Case No. CU-78926-b, License No. CU-78926-b (but this is "to file and prosecute an opposition" rather than a "cancellation petition").
2) Compare LICENSE No. CU-2023-1112805-1 (newer version of this type of SL), and note that is possible that SLs may no longer be required for this type of activity.