UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 20-cv-22471-DPG 

NORTH AMERICAN SUGAR INDUSTRIES INC., 

Plaintiff, 

v. 

XINJIANG GOLDWIND SCIENCE & TECHNOLOGY 

CO., LTD., GOLDWIND INTERNATIONAL 

HOLDINGS (HK) LTD., DSV AIR & SEA INC., 

BBC CHARTERING USA, LLC, and 

BBC CHARTERING SINGAPORE PTE LTD., 

Defendants. 

FIRST AMENDED COMPLAINT 

Pursuant to the Court’s Orders dated September 24 and October 22, 2021, Dkt. Nos. 167, 

187, plaintiff North American Sugar Industries Inc. (“American Sugar”), for its First Amended 

Complaint against defendants Xinjiang Goldwind Science & Technology Co., Ltd. (“Goldwind 

Science”), Goldwind International Holdings (HK) Ltd. (“Goldwind International”), DSV Air & 

Sea Inc. (“DSV”), BBC Chartering USA, LLC (“BBC USA”), and BBC Chartering Singapore 

Pte Ltd. (“BBC Singapore”) (together, “Defendants”) in the above-captioned action, alleges as 

follows: 

NATURE OF ACTION 

1. American Sugar brings this action under the Helms-Burton Act1 to recover treble 

damages and interest totaling many hundreds of millions of dollars resulting from Defendants’ 

 

1

 Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (codified 

at 22 U.S.C. §§ 6081–6085). 

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deliberate and unlawful trafficking of American Sugar’s expropriated property in Cuba for their 

own financial gain. Defendants’ misuse of American Sugar’s confiscated property—certified by 

the United States to be worth hundreds of millions of dollars today—absent any compensation is 

precisely the type of harm that the Helms-Burton Act was enacted to redress. 

2. For over 50 years, up until the Cuban Revolution, American Sugar owned and 

operated a thriving business in Cuba producing, refining, and transporting raw sugar. Through 

itself and its Cuba-based subsidiaries, American Sugar owned and maintained a diverse array of 

assets for its expansive business operations: land and crops, farm buildings, power-generation 

systems, a railroad, and large commercial shipping ports, including one named “Puerto 

Carupano.” 

3. American Sugar’s lucrative business did not go unnoticed by the regime formed 

in the aftermath of the Cuban Revolution. The Cuban government expropriated American 

Sugar’s assets in Cuba absent compensation. Since then, the Cuban government and those 

working with it have used American Sugar’s confiscated property to further their own ends, 

including having for-profit businesses such as Defendants use and benefit from that property. 

4. Defendants, which are engaged in the wind power equipment and 

shipping/transportation businesses, used Puerto Carupano (and/or financially benefitted from 

each other’s and others’ use) to enable the Herradura Wind Farm Project—the largest wind 

power project in Cuba, with a price tag in the hundreds of millions of dollars—to be built. This 

wind farm is located just 15 miles away from Puerto Carupano, and there is no dispute that this 

port was utilized to effectuate the transfer of necessary equipment from China to Cuba via 

Miami. 

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5. Defendants did not act alone. To complete the wind-farm related shipments to 

Puerto Carupano, and reap the profit of such transactions, Defendants acted in concert with each 

other and their respective corporate affiliates. Together, these companies agreed to (and took 

steps to ensure the success of) a complex scheme whereby Defendants shipped by ocean 

transport wind farm equipment from China to Puerto Carupano, in violation of the Helms-Burton 

Act, for ultimate delivery to the Empresa Importadora-Exportadora de Objetivos ElectroEnergéticos (“Energoimport”). As part of their scheme, Defendants planned over the course of 

nearly a year and made deliberate, interim stops in Miami, Florida in an effort to comply with 

certain other U.S. trade laws unrelated to Helms-Burton while concealing—including through 

illegal means—the true nature of the shipments from certain interested parties in the United 

States. By Defendants’ own admissions and understanding, these stops in Miami were a critical, 

necessary step to carrying out the shipments to Puerto Carupano. 

6. The actions that Defendants undertook to effectuate the shipments included: 

i. Goldwind Science agreed to—and did—supply wind farm equipment to 

Energoimport, a Cuban state-owned entity associated with the Herradura Wind 

Farm Project, via Puerto Carupano, including the equipment aboard the two 

shipments at issue in this case. 

ii. Goldwind International, a wholly owned subsidiary of Goldwind Science that 

handles Goldwind Science’s international business, negotiated and signed the 

agreement with Energoimport on behalf of Goldwind Science, and with its 

authorization and as its agent, took charge of the operations related to the 

shipments to Puerto Carupano, and executed those shipments on Goldwind 

Science’s behalf. 

iii. Pursuant to the scheme set in motion by Goldwind Science, DSV provided 

transportation and logistical services to facilitate the shipments of wind farm 

equipment to Puerto Carupano. DSV was a key participant in analyzing 

regulatory requirements imposed by certain U.S. trade laws in connection with the 

delivery of the equipment from China to Cuba, and in leading efforts to attempt to 

satisfy those requirements—other than the Helms-Burton Act, which Defendants 

of course completely flouted. DSV’s acts included analyzing the stops in Florida 

for compliance purposes, providing guidance on U.S. trade law compliance 

issues, executing filings with U.S. Customs for both shipments’ stops in Florida, 

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and agreeing to efforts to avoid any public statements (such as social media 

postings) relating to the shipments to American Sugar’s port in Cuba in order to 

mask and conceal Defendants’ unlawful conduct. 

iv. BBC Singapore chartered and supported two shipping vessels named the “BBC 

Jade” and the “BBC Moonstone,” which carried and delivered to Puerto Carupano 

wind farm equipment that Goldwind Science contracted with Energoimport to 

provide. BBC Singapore was also aware that U.S. trade laws other than the 

Helms-Burton Act imposed certain sanctions and licensing requirements that 

would make it necessary for the vessels to stop in the United States before 

continuing to Cuba to deliver the wind farm equipment, and accordingly, BBC 

Singapore participated in discussions of the shipping routes for the two vessels 

and corresponding licensing analyses. At BBC Singapore’s request, its port agent 

in Florida prepared and sent a “lessons learned” checklist from the BBC Jade’s 

stop in Miami to help facilitate the BBC Moonstone’s subsequent voyage on the 

same route. 

v. BBC USA assisted BBC Singapore with logistical and compliance issues 

associated with the BBC Jade’s and BBC Moonstone’s stopovers in Miami, 

Florida, and provided logistical support for the delivery and offloading of the 

equipment at Puerto Carupano. 

vi. Together, BBC Singapore and BBC USA purposefully and illegally obfuscated 

portions of the vessels’ voyages from U.S. authorities and other interested parties 

in the United States—including by submitting false documentation to U.S. 

Customs, creating a “fake” stow plan “so we don’t show ‘cuba,’” and selectively 

shutting off vessel tracking systems in an attempt to hide their route as they 

proceeded toward Cuba and Puerto Carupano—to ensure the successful 

completion of these shipments. 

7. While Defendants and others continue to traffic in and use American Sugar’s 

expropriated property for their own benefit, including (as here) supplying a multi-hundredmillion-dollar wind farm project and otherwise enriching the Cuban government and themselves, 

American Sugar still has received nothing for its confiscated property 60 years after it was 

stolen. This despite the fact that in 1969, the U.S. Government officially certified that American 

Sugar suffered losses equal to just over $97 million—the second-largest claim against the Cuban 

government ever certified by the United States—as of the time when its property was stolen. 

That official determination, however, did not authorize American Sugar to seek damages against 

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the Cuban government or against those who, like Defendants, use American Sugar’s property for 

their own gain. 

8. To redress this problem, in March 1996, President Clinton signed into law the 

Helms-Burton Act, Title III of which imposes liability against persons who “traffic[]” in property 

expropriated by the Cuban government. Title III defines “trafficking” broadly to prohibit even 

the mere “use” of or “benefiting from” expropriated property. And where (as in this case) the 

U.S. Government has certified a person’s claim to ownership of expropriated property, a 

trafficker is subject to treble damages under rules prescribed by the Helms-Burton Act itself: the 

“claim” as previously certified by the U.S. Government is deemed conclusive proof of the 

claimant’s ownership of the at-issue property, and the loss amount set forth in that claim is the 

presumptive base damages amount to be trebled, plus interest, rebuttable only by clear and 

convincing evidence. 

9. Although the Helms-Burton Act private right of action had been suspended until 

relatively recently, that suspension never affected the binding character of the law. Persons 

trafficking in confiscated property after the enactment of the Helms-Burton Act thus did so at 

their own peril. Accordingly, companies—like Defendants here—knew since 1996 that having 

business dealings with Cuba, and using or benefiting from confiscated property certified by the 

United States as originally belonging to American Sugar, or profiting or benefitting from such 

use, carried the risk of steep liability under the Helms-Burton Act. Defendants—each of whom 

is a sophisticated commercial enterprise that is familiar with U.S. trade compliance issues and 

was presumably well-advised by counsel—knew or should have known this. But despite their 

efforts to attempt to comply with other U.S. trade laws, Defendants purposefully flouted the 

Helms-Burton Act, apparently believing they could defy that law with impunity because the 

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private right of action was suspended. But that suspension never impacted the binding character 

of the law since 1996, and did not change the fact that Defendants, who agreed with each other 

and who joined with others to knowingly and intentionally traffic in American Sugar’s 

confiscated property for their own benefit, violated the Helms-Burton Act. Defendants bore the 

risk of trafficking in American Sugar’s confiscated property with the possibility that the private 

right of action would be restored, and must face the consequences. Now that the private right of 

action is in force, American Sugar seeks long-overdue relief for the uncompensated exploitation 

of its confiscated property, including Defendants’ knowing and intentional use of that property 

for their own financial gain. 

JURISDICTION AND VENUE 

10. Subject matter jurisdiction is conferred upon this Court by 28 U.S.C. § 1331 

because this action arises under the laws of the United States, specifically Title III of the HelmsBurton Act, 22 U.S.C. §§ 6081–6085. 

11. Subject matter jurisdiction is also conferred upon this Court by 28 U.S.C. 

§ 1367(a), because American Sugar’s civil conspiracy claim is “so related” to its Helms-Burton 

Act claim that they “form part of the same case or controversy under Article III of the United 

States Constitution.” 

12. As required under Title III of the Helms-Burton Act, the amount in controversy in 

this action exceeds $50,000, exclusive of compounded interest, treble damages, court costs, and 

reasonable attorneys’ fees. 22 U.S.C. § 6082(b). 

13. Personal jurisdiction is conferred upon this Court by Florida Statutes 

§§ 48.193(1)(a)(1) and 48.193(1)(a)(2) because Defendants have operated, conducted, engaged 

in, and carried on a business in the State of Florida and have committed a tortious act within 

Florida. Alternatively, personal jurisdiction over Defendants Goldwind Science, Goldwind 

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International, and BBC Singapore is conferred upon this Court by Federal Rule of Civil 

Procedure 4(k)(2), because those Defendants are not subject to jurisdiction in any state’s courts 

of general jurisdiction; and exercising jurisdiction is consistent with the United States 

Constitution and laws. 

14. Exercise of personal jurisdiction by this Court over Defendants is consistent with 

the United States Constitution as this action arises from or relates to Defendants’ activities in 

Florida or the United States, and Defendants have purposefully availed themselves of the 

benefits and protections of Florida or the United States. 

15. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(2) because a 

“substantial part of the events or omissions giving rise to the claim occurred” in the Southern 

District of Florida. Alternatively, venue is proper in this District pursuant to 28 U.S.C. 

§ 1391(b)(3) because at least one Defendant is subject to the Court’s personal jurisdiction with 

respect to this action. 

16. American Sugar has paid the special fee for filing an action under Title III of the 

Helms-Burton Act, 22 U.S.C. § 6082(i), which is $6,548 pursuant to the fee schedule adopted by 

the Judicial Conference in September 2018. 

PARTIES 

17. Plaintiff American Sugar, originally known as the Cuban-American Sugar 

Company, is a United States national and a corporation organized and existing under the laws of 

the State of New Jersey, and has been since September 19, 1906, with its principal place of 

business in New York, New York. From its incorporation, American Sugar owned and operated 

significant commercial operations in Cuba relating to the production, refining, and transportation 

of raw sugar. These operations were forcibly terminated in 1959 and 1960 when the Cuban 

government expropriated American Sugar’s underlying Cuban assets. 

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18. Defendant Goldwind Science is a corporation organized and existing under the 

laws of the People’s Republic of China, with its principal place of business at 107 Shanghai 

Road, Economic Tech Development Zone, Urumqi, Xinjiang Urumqi, 830026 China. Goldwind 

Science is a developer, manufacturer, and seller of wind turbine generators, equipment, and 

technology. Goldwind Science also provides services and other products in support of wind 

farm development and other related businesses. Goldwind Science wholly and directly owns 

Defendant Goldwind International; and wholly and indirectly owns non-parties Goldwind USA, 

Inc. and Goldwind Service Company, LLC (both formed under Delaware law). Goldwind 

Science has indirectly owned additional U.S.-based entities, such as Musselshell Wind Project 

LLC and Rattlesnake TX, LLC. Goldwind Science, whose shares trade on the Shenzhen Stock 

Exchange and the Hong Kong Stock Exchange, has a market capitalization of approximately $11 

billion. In 2019, Goldwind Science reported $5.3 billion in revenue, as well as non-current 

assets in the United States worth approximately $247 million. That same year, Goldwind 

Science also filed 34 applications for patents in the United States. From 2017 to 2019, Goldwind 

Science was reported as the shipper for about six shipments, and the consignee (i.e., recipient) 

for one shipment, for goods unloaded at U.S. ports. Goldwind Science has also voluntarily 

agreed to arbitration provisions in its business contracts mandating venue in the United States, 

and initiated and litigated an arbitration based in Chicago, Illinois between 2015 to 2018. 

19. Defendant Goldwind International is a corporation organized and existing under 

the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, 

with its principal place of business at 8 Boxing First Road, Economic Tech Development Zone, 

Beijing, 102600 China. Goldwind International manufactures and sells wind turbine generators, 

equipment, and technology, and makes arrangements for the ocean shipping of such goods. 

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Goldwind Science wholly and directly owns Goldwind International, which operates Goldwind 

Science’s international business. Goldwind International, in order to do business in the United 

States, wholly and directly owns a number of U.S. companies, including Goldwind USA, Inc. 

and Goldwind Service Company, LLC (both formed under Delaware law). Goldwind 

International has owned and maintained wind farm projects in the United States, including wind 

farm projects located in Wheatland County, Montana, which Goldwind International sold in 

2019, and for which Goldwind International continues to provide “long-term maintenance 

services and a warranty package designed to support the project’s operations at industry-leading 

availability levels.”2

 From 2017 to 2019, Goldwind International was reported as the shipper for 

approximately 46 shipments for goods unloaded at U.S. ports. Goldwind International has also 

voluntarily agreed to arbitration provisions in its business contracts mandating venue in the 

United States, and initiated and litigated an arbitration based in Chicago, Illinois between 2015 to 

2018. 

20. Defendant DSV is a corporation organized and existing under the laws of the 

State of Delaware with its principal place of business at 100 Walnut Avenue, Suite 405, Clark, 

New Jersey 07066. DSV provides air and sea freight forwarding services, including transport, 

warehousing, and logistics services. DSV is an affiliate of DSV Air & Sea A/S (“DSV 

Denmark”) and DSV Ocean Transport A/S (“DSV Ocean Transport”), both Danish corporations 

 

2

 Goldwind Americas, Goldwind Confirms Sell-Down of Montana Projects to Canadian 

Development Potentia Renewables (May 29, 2019), available at 

https://www.goldwindamericas.com/news/goldwind-confirms-sell-down-montana-projectscanadian-development-potentia-renewables (last visited Nov. 1, 2021); Marathon Capital, 

Marathon Capital Announces Sale of Goldwind Project to Funds Advised by Exus 

Management Partners (Nov. 10, 2020), available at https://www.marathoncapital.com/ 

news/marathon-capital-announces-sale-of-goldwind-project-to-funds-advised-by-exusmanagement-partners (last visited Nov. 1, 2021). 

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that similarly provide sea freight-forwarding services. The ultimate parent company of all three 

entities is DSV Panalpina A/S, a Danish corporation whose current market capitalization is 

approximately $50 billion. DSV operates and maintains branch offices in Orlando and Miami. 

From 2017 to 2019, DSV has been reported as the shipper for about 24 shipments, the consignee 

for approximately 175 shipments, and the carrier for 8,799 shipments, for goods unloaded at 

Florida ports (including Miami). 

21. Defendant BBC USA is a company organized and existing under the laws of the 

State of Texas, with its principal place of business at 6565 West Loop South, Suite 200, Bellaire, 

Texas 77401. BBC USA provides transportation services, specializing in the support of ocean 

cargo transportation. BBC USA is wholly owned by BBC Global GmbH & Co. KG (“BBC 

Global”), and part of a network of transportation companies known as the “Briese Group.” In 

2018, Briese Group entities collectively reported at least $1.3 billion in revenue. BBC USA 

serves as the Briese Group’s general and exclusive agent in North America (i.e., the United 

States, Canada, Mexico, Central America, and the Caribbean), and as part of that role has the 

right to be the exclusive provider of certain vessel husbandry services for any shipment that 

enters the North American region. These services include, among other things, arranging for 

entry and clearance of vessels; satisfying customs and port regulation requirements and arranging 

all related documents; drafting daily reports on the status of vessels in or outside the United 

States; and drafting bills of lading. BBC USA and BBC Singapore—in conjunction with other 

Briese Group entities such as BBC Chartering Carriers GmbH & Co. KG (“BBC Carriers”)—are 

affiliates that coordinate the chartering and operation of commercial shipping vessels, including 

the ships named the “BBC Moonstone” and “BBC Jade.” BBC USA also serves as agent for 

shipments that stop all over Florida, including at ports in Pensacola, Panama City, Port 

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Everglades, Port Manatee, Tampa, Jacksonville, and Fort Lauderdale, in addition to Miami. 

Further, BBC USA personnel regularly travel to Florida to solicit business and engage with 

freight forwarders. As needed, BBC USA personnel also travel to Florida and engage with port 

agents to assist with shipments on BBC vessels stopping in Florida ports.3 

22. Defendant BBC Singapore is a corporation organized and existing under the laws 

of the Republic of Singapore, with its principal place of business at 8 Shenton Way #22-01, 

068811 Singapore. BBC Singapore provides transportation services, specializing in the support 

of ocean cargo transportation. BBC Singapore is wholly owned by BBC Global and part of the 

Briese Group. BBC Singapore serves as the Briese Group’s general and exclusive agent in 

Singapore, and as part of that role has the right to be the exclusive provider of certain vessel 

husbandry services for any shipment from the Singaporean region. These services include, 

among other things, arranging for entry and clearance of vessels, satisfying customs and port 

regulations requirements, and furnishing related shipping documents (including bills of lading). 

With BBC Carriers and BBC USA, BBC Singapore coordinates the chartering and operation of 

commercial shipping vessels, including the BBC Moonstone and the BBC Jade. Between 2017 

and 2020, BBC Singapore served as an agent for cargo shipments from Asia that involved at 

least 70 stops in Florida. 

 

3

 From 2017 to 2019, BBC USA was involved in at least 118 shipments that stopped in 

Florida. During that same time period, BBC USA was reported as the shipper for two 

shipments, and the consignee for about 119 shipments, for goods unloaded at U.S. ports. 

Among the 119 shipments where BBC USA is reported as the consignee, BBC Carriers is 

listed as the carrier for 69 shipments, and its affiliate, BBC Chartering & Logistic GmbH & 

Co. KG, is listed as the carrier for 50 shipments. Further, of the 119 shipments where BBC 

USA is reported as the consignee, four shipments of goods—weighing over 56 metric tons in 

total—were unloaded in Florida ports. 

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FACTUAL ALLEGATIONS 

I. Cuba’s Expropriation of American Sugar’s Property

A. American Sugar’s Property in Cuba

23. When it was initially incorporated in 1906, American Sugar held five sugarproducing companies that owned and operated large commercial shipping ports, raw sugar mills, 

cane land, and a cane sugar refinery in Cuba. Over the ensuing several decades, American Sugar 

greatly expanded operations in Cuba, and by 1959 and 1960 it came to hold not only two of the 

largest raw sugar mills in the world at that time but also two shipping ports integral to its sugar 

mill operations and various other assets. 

24. American Sugar’s property in Cuba (the “Confiscated Property”) consisted of 

various Cuban corporate subsidiaries and their numerous assets across Cuba, including large 

commercial shipping ports, land and crops, farm buildings, raw sugar mills, power-generating 

equipment, a railroad, and a sugar refinery. Exhibit 1 (attached hereto) includes a more detailed 

description of the Confiscated Property and its value. 

25. The Confiscated Property specifically includes Puerto Carupano, a large 

commercial shipping port located in Cayo Juan Claro, which is in the Cuban municipality of 

Puerto Padre and the Cuban province of Las Tunas. It is the only commercial shipping port in all 

of Puerto Padre. Puerto Carupano is also referred to as “Port of Cayo Juan Claro,” “Port of 

Carupano,” or “Port of Puerto Padre.” 

26. Puerto Carupano (the “Confiscated Port”) encompasses associated docks, 

warehouses, tanks, transportation facilities, pump houses, an electric substation, dwellings, 

barracks, office buildings, piers, shops, and other related installations. 

27. The Confiscated Port was critical to American Sugar’s business operations in 

Cuba and abroad. The port was a hub not only for transportation, storage, and shipping of all 

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exported raw sugar and molasses produced by American Sugar at Central Chaparra and Central 

Delicias, but also for much of the imported heavy capital equipment, oil, merchandise, and food 

for the surrounding area. Because the port was adjacent to fertile lands housing two of American 

Sugar’s largest raw sugar mills, American Sugar incurred minimal expenses in transporting its 

sugar products to the Confiscated Port for shipment. 

B. Cuba Confiscates American Sugar’s Property—Including the Confiscated 

Port 

28. On January 1, 1959, as part of the Cuban Revolution, Fidel Castro took control of 

the Cuban government. His administration confiscated virtually all private property in Cuba 

owned by U.S. nationals in various economic sectors and made no effort to compensate U.S. 

nationals for expropriating their property, as required under generally accepted rules of 

international law. 

29. American Sugar was no exception to this mass seizure of private property. The 

Cuban government’s expropriation of the Confiscated Property began in 1959 and came to a 

head on July 20, 1960. On that date, Cuba’s National Agrarian Reform Institute issued 

Resolution No. 195, through which the Cuban government seized full control and ownership of 

the Confiscated Property. 

30. Upon seizing the Confiscated Port, the Cuban government openly and notoriously 

used, and continues to use, that port for its own commercial activities and those of private parties 

doing business with Cuba. 

31. On January 20, 1978, for example, Fidel Castro made a public speech at the 

Confiscated Port regarding a new bulk sugar terminal that had been built at the port. Alluding to 

the Cuban government’s expropriation of commercial ports such as the Confiscated Port, Castro 

proudly proclaimed in the speech that the ports, which had been previously owned by “property 

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owners and the capitalists,” were now the “property of the [Cuban] people.”4

 He reiterated that 

the “ports [have] ceased to be operated by private enterprise.”5

 

32. In the 1980s, the Confiscated Port handled approximately 8% of Cuba’s annual 

production of sugar and sugar byproducts, valued in excess of $370 million. Products from the 

Central Chaparra mill and the Central Delicias mill—both confiscated from American Sugar— 

were routinely transported through the Confiscated Port. 

33. To this day, the Confiscated Port remains one of Cuba’s key shipping ports and a 

hub of substantial commercial activity—much of which is in support of, or substantially related 

to, projects spearheaded by the Cuban government and its state-owned companies. Indeed, the 

Cuban government has sought to encourage foreign investment by regularly touting the 

Confiscated Port as one of the country’s principal shipping ports.6

34. American Sugar has not received any compensation for the expropriation of the 

Confiscated Property, nor has any part of the Confiscated Property been returned to American 

Sugar. Moreover, American Sugar’s claim to the Confiscated Property has never been settled by 

an international claims settlement agreement or other settlement agreement between the United 

States and Cuba. 

 

4

 See Fidel Castro, President of Cuba, Dedication of bulk sugar terminal in Puerto Carupano, 

Las Tunas Province (Jan. 20, 1978), available at http://lanic.utexas.edu/project/castro/db/ 

1978/19780120.html (last visited on Nov. 1, 2021). 

5

 Id.

6

 See, e.g., Cuba Ministry of Foreign Commerce and Investments, Cuba: Portfolio of 

Opportunities for Foreign Investment 2016–2017, at 204 (listing “Carupano” as one of 12 

“Principal Cuban Ports”), available at https://arwtc.org/wp-content/uploads/2017/05/

Portfolio_Opportunities_Foreign_Investment_2016-2017.pdf (last visited on Nov. 1, 2021). 

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C. American Sugar’s Claim Is Certified in 1969 for Over $97 Million 

35. In response to the expropriation of its Confiscated Property and the resultant 

financial loss, American Sugar submitted a claim to the United States Foreign Claims Settlement 

Commission (“FCSC”) for determination under the Cuba Claims Program.7

 American Sugar’s 

certified claim is publicly accessible8

 and has been the subject of multiple news reports.9

36. After an extensive review of the evidence regarding the value of the Confiscated 

Property, the FCSC “certifie[d] that [American Sugar] suffered a loss, as a result of actions of the 

Government of Cuba,” in the amount of $97,373,414.72. Exh. 1 at 21. The amount of American 

Sugar’s loss certified under the Cuba Claims Program is the second-highest amount ever 

certified by the FCSC for an individual or entity. 

II. Defendants’ Deliberate Use of American Sugar’s Confiscated Property 

A. The Herradura Wind Farm Project

37. The Confiscated Port has been the main artery for imports of (among other things) 

wind turbines, related equipment, structures, and other materials needed to build one of Cuba’s 

 

7

 In response to (among other things) the Castro regime’s expropriation of Cuban property 

belonging to U.S. nationals, on October 16, 1964, Congress enacted Title V of the 

International Claims Settlement Act of 1949 (“ICSA”), Pub. L. No. 88-666, 78 Stat. 1110 

(1964) (codified at 22 U.S.C. §§ 1643–1643k (1964)), which established the Cuba Claims 

Program to be administered by the FCSC. The FCSC is an independent federal agency that 

determines the validity and amount of each claim of expropriation that U.S. nationals have 

against a foreign government, so that those nationals may be compensated for their losses 

and injuries pursuant to specific programs authorized by law. See Reorganization Plan No. 1 

of 1954, 68 Stat. 1279 (1954). 

8

 See FCSC, Final Opinions and Orders, https://www.justice.gov/fcsc/final-opinions-andorders-5 (last visited on Nov. 1, 2021). 

9

 See, e.g., Nick Miroff, The 20 Largest U.S. Property Claims in Cuba, WASH. POST (Dec. 8, 

2015) (American Sugar has second-largest certified claim), available at https://www.

washingtonpost.com/news/worldviews/wp/2015/12/08/the-20-largest-u-s-property-claims-incuba/ (last visited on Nov. 1, 2021). 

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largest ongoing public works projects: the Herradura Wind Farm Project, which is located in the 

Jesús Menéndez municipality of the Cuban province of Las Tunas, about 15 miles from the 

Confiscated Port.10

38. A host of Cuban state-owned entities are involved in the planning, construction, 

and implementation of the Herradura Wind Farm Project, including Energoimport—a component 

of Cuba’s Ministry of Energy and Mining. Energoimport arranges the logistics supporting the 

delivery of wind farm equipment through the Confiscated Port and to the Herradura Wind Farm 

Project. Energoimport describes itself as in charge of guaranteeing the delivery of the supplies 

necessary for the execution of investments, imports and exports, and the maintenance and 

operation of Cuba’s National Electro-energy System.11

B. Defendant Goldwind Science, with Defendant Goldwind International Acting 

on Its Behalf, Signs on to the Herradura Project

i. Goldwind International Negotiates and Signs the Consortium Agreement 

on Goldwind Science’s Behalf 

39. In early 2013, Energoimport invited Chinese companies to bid on the Herradura 

Wind Farm Project. On November 28, 2013, Goldwind Science and non-party Avic 

International Holding Corporation (“Avic”) entered into an agreement to form a consortium 

under which the parties would jointly submit a bid to Energoimport for the Herradura Wind 

Farm Project (the “Consortium Agreement”). Under the Consortium Agreement’s terms, 

Goldwind Science would be responsible for supplying and delivering wind turbine units, 

 

10 See Raimundo Urrechaga, Chinese Technology Helps Cuba Build Largest Wind Farm, 

XINHUA (Jan. 22, 2018), http://www.xinhuanet.com/english/2018-01/22/c_136914462.htm 

(last visited on Nov. 1, 2021). 

11 UNE, ENERGOIMPORT, UNE: Unión Eléctrica, https://www.unionelectrica.cu/energo

import/ (last visited on Nov. 1, 2021). 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 16 of 66
17 

including wind turbine blades and other constituent parts, to Energoimport at the project site in 

Cuba. 

40. Multiple Goldwind International employees participated in negotiating the 

Consortium Agreement on behalf of Goldwind Science. In addition, Goldwind International’s 

Deputy General Manager, who at the time did not hold a position at Goldwind Science, signed 

the Consortium Agreement on behalf of Goldwind Science and as Goldwind Science’s 

authorized representative. 

ii. Goldwind International Negotiates and Signs the Wind Farm Agreement 

on Goldwind Science’s Behalf 

41. On December 16, 2013, Goldwind Science and Avic entered into a commercial 

agreement with Energoimport to provide wind farm designs, equipment, supplies, technical 

support, operations, and maintenance for the Herradura Wind Farm Project (the “Wind Farm 

Agreement”). 

42. Under the Wind Farm Agreement, Goldwind Science was responsible for 

providing all of the wind turbines at the Herradura Wind Farm Project, and agreed to supply 

(among other equipment) 34 customized and complete units of its GW 77/1500 KW wind 

turbines. Each GW 77/1500 KW wind turbine unit included a set of three wind turbine blades, 

for a total of 102 wind turbine blades to be provided by Goldwind Science. Per the Wind Farm 

Agreement, the blades would be manufactured by a non-party Danish company that is a 

subsidiary of a U.S. company (the “Blade Manufacturer”). 

43. Under the Wind Farm Agreement, Goldwind Science agreed to deliver any 

equipment requiring ocean transport (such as the wind turbine blades it agreed to provide) to 

Energoimport at the Confiscated Port in Cuba, and submit various shipping documents, including 

bills of lading identifying Energoimport as the consignee (i.e., recipient) and the Confiscated 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 17 of 66
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Port as the destination, and expressly stating that transshipments or stopovers in the United 

States or any of its territories was prohibited. 

44. In addition, under the Wind Farm Agreement, Goldwind Science agreed that no 

shipments to the Confiscated Port would have a stopover in the United States or any of its 

territories, and that Goldwind Science would be responsible for any damages caused to 

Energoimport for failing to comply with this prohibition. 

45. In exchange for providing the equipment and services specified in the Wind Farm 

Agreement, Goldwind Science contracted to receive substantial compensation from 

Energoimport. 

46. Goldwind International acted directly and as Goldwind Science’s agent to support 

Goldwind Science in executing and facilitating the Wind Farm Agreement. Multiple Goldwind 

International employees negotiated the Wind Farm Agreement on behalf of Goldwind Science. 

Further, Goldwind Science authorized Goldwind International’s Deputy General Manager to sign 

the Wind Farm Agreement on Goldwind Science’s behalf. The Wind Farm Agreement expressly 

designates Goldwind International’s Deputy General Manager as Goldwind Science’s 

“authorized representative” and states that he has been granted power of attorney and “sufficient 

faculties” to sign the Wind Farm Agreement for Goldwind Science. 

47. In two written statements published roughly four years apart, Goldwind Science 

and Goldwind International each announced that Goldwind International (not Goldwind Science) 

had entered into the Wind Farm Agreement.12 For example, in a December 2013 press release, 

 

12 See Goldwind International, Goldwind Wins 51MW Wind Turbine Order in Cuba (Dec. 18, 

2013), available at http://www.goldwindinternational.com/content/details_16_298.html 

?_sm_au_=iVVKNjJT4S4QP54MFcVTvKQkcK8MG (last visited on Sept. 29, 2020); 

Goldwind International, GWI Quarterly Q2 2017, Vols. 8, 10, available at

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Goldwind Science announced that its “international business has achieved another success,” and 

that “‘Goldwind International’[], a wholly-owned subsidiary of [Goldwind Science], has signed a 

51MW wind turbine supply contract with Energoimport.” These public statements, which were 

available on Goldwind International’s website until at least September 29, 2020, are no longer 

available on that website, which is currently inaccessible. 

48. Later, in November 2018, pursuant to the Wind Farm Agreement, Goldwind 

Science secured a certificate of transit insurance issued by an insurer located in New York for 

coverage of “All Risks” relating to the wind farm equipment aboard the BBC Jade and BBC 

Moonstone until its delivery at the Confiscated Port in Cuba. As part of the insurance 

procurement process, Goldwind Science provided information to the U.S.-based insurance 

provider. The certificate of insurance states that Goldwind Science is the “Certificate Holder” of 

the insurance and that the wind farm equipment shipments were covered until delivered at place 

(“DAP”) at the Confiscated Port. This insurance was procured to meet Goldwind Science’s 

specific agreement and obligation under the Wind Farm Agreement to secure insurance for the 

wind farm equipment shipments. Bills of lading for the BBC Jade and BBC Moonstone 

shipments on which the wind farm equipment were shipped noted the same DAP term. 

49. While Goldwind Science was the official “Seller” under and signatory party to the 

Wind Farm Agreement, operational responsibility for executing the contract rested with 

Goldwind International, which acted on Goldwind Science’s behalf in doing so. Indeed, 

Goldwind International employed personnel in Cuba to help facilitate execution of the contract. 

 

http://www.goldwindinternational.com/upload/contents/2017/07/ 

20170711143813_72618.pdf (last visited on Sept. 29, 2020). 

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iii. Goldwind Science Signs the Blade Supply Agreement 

50. To fulfill its obligations under the Wind Farm Agreement, in 2018 Goldwind 

Science entered into a commercial agreement with the Blade Manufacturer to purchase 34 sets of 

wind turbine blades (102 individual blades in total) and deliver them to Energoimport at the 

Confiscated Port (the “Blade Supply Agreement”). Goldwind Science agreed to prepare the 

transportation frames, specifically the “root” frames and “tip” frames, that would hold the 34 sets 

of wind turbine blades during their shipment to the Confiscated Port and to make all payments to 

the Blade Manufacturer in U.S. dollars. The Blade Manufacturer, a subsidiary of a U.S. 

company, manufactured the wind turbine blades. The Blade Manufacturer’s identity as the 

subsidiary of a U.S. company ultimately caused Defendants to conclude that their shipments to 

Cuba required stops in the United States in order to comply with U.S. trade laws other than the 

Helms-Burton Act, and to arrange for stops for each voyage in Miami, Florida. 

51. Goldwind International assisted Goldwind Science with negotiating the Blade 

Supply Agreement, including certain international shipping terms (i.e., “Incoterms”). 

52. Under the Blade Supply Agreement, Goldwind Science agreed that the wind 

turbine blades would be inspected for quality certification in Tianjin, China. The Blade Supply 

Agreement further specified that within one week of the blade shipments’ departure from China, 

Goldwind Science was contractually entitled to all relevant shipping documentation, including 

all bills of lading, commercial invoices, and documents that Goldwind Science needed to apply 

for an import customs declaration to Cuba. Goldwind Science was also contractually entitled to 

at least 10 updates on the shipments’ estimated time of arrival to the Confiscated Port at 

specified points of time, with the first update due 30 days from arrival and the final update due 

one day from arrival. 

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53. Under the Blade Supply Agreement, once the wind turbine blades were delivered 

to the Confiscated Port, Goldwind Science was responsible for preparing trucks to pick up the 

wind turbine blades for final delivery to Energoimport at the wind farm’s location. 

C. Defendants’ Involvement in Arranging Shipments of Wind Farm Equipment 

54. In 2018 and early 2019, Defendants were involved in and took deliberate steps to 

plan, execute, or assist the completion of two deliveries of the wind turbine blades and 

transportation frames specified in the Consortium Agreement, the Wind Farm Agreement, and 

the Blade Supply Agreement to the Confiscated Port via the BBC Moonstone and the BBC Jade. 

In an attempt to comply with U.S. trade law requirements (excluding the Helms-Burton Act), 

Defendants planned, coordinated, executed, or assisted with the shipments’ stops in Miami, 

Florida before delivery at the Confiscated Port. Further, the BBC Moonstone also carried goods 

intended for one of BBC USA’s clients for delivery in Port Arthur, Texas only three days after 

the stop in Puerto Carupano, which contravened both U.S. law prohibiting the vessel from 

unloading any goods in the United States for 180 days after departing from Cuba, and BBC 

USA’s contractual obligation with that client not to stop in Cuba. Defendants took additional, 

apparently illegal, steps to conceal the nature of the Cuba stop from U.S. authorities and other 

interested parties. 

i. Arranging Stops in Florida in an Attempt to Gain OFAC Authorization 

55. To ship wind farm equipment by sea, one or more carriers are typically hired to 

handle transportation logistics that include, among other things, identifying and booking 

available space on a shipping vessel, operating the vessel itself, coordinating pick-up and dropoff of the equipment, and planning the shipping route. 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 21 of 66
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56. In 2018, DSV Denmark was engaged as the NVOCC13 to handle the logistics for 

ocean shipment of the wind turbine blades and transportation frames specified in the Consortium 

Agreement, Wind Farm Agreement, and Blade Supply Agreement―all of which were to be 

picked up in Tianjin, China. 

57. DSV Denmark in turn engaged BBC Carriers as the VOCC to charter and arrange 

for shipping vessels owned and operated by the Briese Group to carry the wind turbine blades 

and transportation frames from Tianjin, China to the Confiscated Port. While BBC Carriers was 

the VOCC for these shipments, BBC Carriers in turn engaged BBC Singapore to carry out 

relevant chartering and shipping duties as BBC Carriers’ agent. 

58. Because the Blade Manufacturer, a foreign subsidiary of a U.S. company, 

manufactured certain components of the wind turbine blades, DSV and DSV Denmark, in 

coordination with the Blade Manufacturer, determined that the shipments of the relevant wind 

turbine blades to the Confiscated Port required authorization by both the U.S. Department of 

Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s 

Office of Foreign Assets Control (“OFAC”).14 DSV Denmark communicated this conclusion to 

BBC Singapore in providing instructions to carry out the shipments. 

 

13 There are two types of carriers: those that operate shipping vessels (known as Vessel 

Operating Common Carriers (“VOCCs”)), and those that do not (known as Non-Vessel 

Operating Common Carriers (“NVOCCs”)). See, e.g., 46 U.S.C. § 40102(17)(A) (NVOCCs 

are common carriers that “do[] not operate the vessels by which the ocean transportation is 

provided”). If an exporter hires an NVOCC to execute a shipment, that NVOCC must then 

engage a VOCC to charter space on and operate the vessel carrying the transported goods. 

Together, the NVOCC(s) and VOCC(s) determine which vessels are able to hold and 

transport the relevant cargo; plan the voyage for the cargo from port of origin to port of 

destination with input from other stakeholders; and provide operational and logistical support 

at all ports of entry. 

14 Consistent with the U.S. embargo on trade with Cuba, shipments to Cuba of goods 

containing U.S.-manufactured components and involving U.S. entities or individuals must 

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59. On April 17, 2018, BIS issued an export license for the wind turbine blades (the 

“Herradura Export License”). The Herradura Export License identifies “Goldwind” as the 

Purchaser and an Approved End User, and “Energoimport” as an authorized ultimate consignee. 

The Herradura Wind Farm Project itself is also an Approved End User with its listed address, 

“Playa Herradura, Las Tunas Province, Jesus Menendez, Cuba,” about 15 miles away from the 

Confiscated Port. 

60. While the Herradura Export License provided the requisite BIS authorization, 

shipping the relevant wind turbine blades to Cuba still required OFAC authorization. DSV 

employees believed it was necessary to obtain a separate OFAC license, but ultimately decided 

against doing so because OFAC authorization would be both time consuming and unlikely. As 

such, rather than apply for a license from OFAC, and in an apparent attempt to qualify for OFAC 

regulations generally authorizing BIS-licensed exports “from” the United States,15 after 

conducting a detailed analysis of their options, Defendants BBC Singapore and DSV, as well as 

DSV Denmark, decided on shipping routes for the two at-issue shipments that included prior 

 

generally be authorized by BIS and OFAC. See 15 C.F.R. § 746.2 (requiring either a license 

or license exception to export items subject to the Export Administration Regulations to 

Cuba); 31 C.F.R. § 515.201 (generally prohibiting transactions involving the property of a 

Cuban national that also involve U.S. persons or property subject to U.S. jurisdiction). With 

certain exceptions, such shipments require separate licenses from each of these two agencies 

unless those shipments are automatically authorized under BIS and OFAC regulations. 

Authorization from OFAC and/or BIS to ship goods to Cuba is separate from—and does not 

shield the participants of said shipment from—Helms-Burton Act liability if they traffic in 

confiscated property in the process. See, e.g., 31 C.F.R. § 515.101(b). 

15 If an export license from BIS is obtained to cover a particular shipment of goods to Cuba, 

that shipment will also be deemed authorized under OFAC regulations if those goods are 

exported from the United States. See 31 C.F.R. § 515.533(a) (“All transactions ordinarily 

incident to the exportation of items from the United States, or the reexportation of items from 

a third country, to any person within Cuba are authorized, provided that . . . [t]he exportation 

or reexportation is licensed or otherwise authorized by the Department of Commerce . . . .”). 

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stops in the United States (without offloading and reloading the wind turbine blades and 

transport frames on U.S. soil) before proceeding to the Confiscated Port. 

61. Because of the U.S.-related logistical and compliance requirements that 

accompanied stops in the United States, DSV Denmark engaged its affiliate, Defendant DSV, to 

assist with these requirements. Defendants DSV and BBC Singapore, along with DSV Denmark, 

were all aware that the stops in the United States were attempts to qualify the shipments for 

OFAC authorization as exports “from” the United States, in lieu of obtaining a separate OFAC 

license, which, as early as February 2018, DSV employees recognized could be problematic for 

business reasons given potential delays and the likelihood of denial. Defendants were also all 

aware that stops in the United States were believed to be a necessary precondition to delivering 

the wind farm equipment to the Confiscated Port in Cuba. From February to October 2018, 

Defendants DSV and BBC Singapore, along with DSV Denmark, coordinated with one another 

to discuss and determine the specifics of a preferred route and the documentation that would 

need to accompany the vessels while carrying out that route. DSV compliance personnel from 

no fewer than four different U.S. offices contributed to these communications. In its role as 

agent for BBC Carriers in facilitating the voyages, BBC Singapore believed it had a duty to 

highlight sanctions risks associated with the Cuba stops to its affiliates, including in the United 

States. And, as of March 15, 2018, BBC Singapore, BBC USA, and DSV were all aware that the 

proposed route created the potential for liability under U.S. sanctions laws. 

62. As part of the effort to satisfy U.S. trade law requirements, DSV called the U.S. 

Department of Commerce to discuss the Herradura Export License covering the wind turbine 

blades and to inquire as to what U.S. Customs filings would be necessary in connection with the 

Florida stops. 

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63. Despite these efforts, several Defendants continued to express uncertainty over 

whether the BIS export license (along with the requisite stops in the United States) would be 

sufficient to insulate the shipments from sanctions liability. For example, a DSV employee in 

mid-October 2018 described the proposed stop in Miami as “manipulating the routing of the 

vessel / trying to be creative to ‘qualify’ for a license,” noting her belief that BIS only issued 

licenses for actual exports from the United States, rather than for goods on ships that were 

manufactured elsewhere and were merely making a stopover in a United States port. Other DSV 

personnel also raised concerns in late October 2018 about the shipments heading to Cuba, in 

light of tensions between the United States and Cuba and the embargo with Cuba. DSV 

personnel would later express a belief that the export license itself may have been erroneously 

issued. 

64. BBC Singapore personnel in September and October 2018 had similar concerns 

over whether the BIS license and stops in the United States would suffice. Given that 

uncertainty, in addition to the potential public relations fallout from shipping to Cuba, BBC 

Singapore instructed its affiliates, as well as DSV, and could not “stress this enough” that “we 

should NOT market this shipment publicly until we are 100% sure on the licensing,” further 

directing that no photos, press releases, or LinkedIn postings regarding the shipment should be 

made because “[t]he US is a HUGE market for BBC and DSV as well and the current political 

climate in the US would not side with us on a potentially ‘un-sanctioned’ shipment to Cuba.” 

BBC Singapore added that “[o]ur competitors would also love to have something like this to use 

against us in the market.” 

65. For its part, BBC Singapore, on at least one occasion, consulted with Dan-Gulf 

Shipping, Inc. (“Dan-Gulf”), a U.S.-based and -incorporated company experienced in shipments 

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to Cuba, about the wind farm equipment shipments to Cuba and anticipated Miami stop, and 

whether it could be done “without getting in trouble with [U]ncle [S]am.” Internal 

correspondence among Dan-Gulf employees indicated that they were not aware of a means by 

which to ship wind farm equipment to Cuba without violating U.S. sanctions regulations. 

66. Ultimately, in coordination with DSV, DSV Denmark, BBC Singapore, and BBC 

USA, the Port of Miami was selected as the site of the U.S. stopover, given its proximity and 

ease of access to the Confiscated Port. DSV and DSV Denmark discussed and corresponded 

regarding the Miami stop with Carol Scheid, DSV’s Miami, Florida-based customs broker. 

Miami, however, was not a regular port of call for BBC Carriers vessels. 

67. Once it was determined that the shipments would stop in the United States, and 

because of the U.S.-related logistical and compliance requirements associated with a stopover in 

Florida, BBC Singapore engaged its affiliate BBC USA to assist on these issues. During the 

planning and execution stages of the voyages, no fewer than 11 BBC USA employees received 

regular e-mail correspondence regarding the BBC Jade’s and BBC Moonstone’s stops in the 

United States and Cuba, including correspondence referencing concerns over sanctions liability 

associated with the stops. BBC Singapore also engaged BBC USA’s general counsel to advise 

on the sanctions ramifications of the shipments’ stops in Miami en route to the Confiscated Port 

in Cuba. 

68. BBC Singapore, in coordination with BBC USA, selected the BBC Moonstone 

and the BBC Jade to carry the wind farm equipment to the Confiscated Port by way of Florida. 

69. BBC Singapore corresponded and coordinated with port agents in the United 

States, namely Fort Lauderdale, Florida-based USA Maritime Enterprises (“USA Maritime”) as 

primary agent, and Miami, Florida-based Seaport Hub Agencies (“Seaport Hub”) as sub-agent, 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 26 of 66
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to help facilitate the BBC Jade’s and BBC Moonstone’s stops in Florida, including by helping to 

secure clearance from U.S. Customs while in Florida. BBC Singapore, satisfied with the 

clearance of the BBC Jade through the Port of Miami en route to Puerto Carupano and “happy” 

with the service USA Maritime provided in Florida, requested that USA Maritime prepare a 

“lessons learned” document, which was subsequently used to facilitate the voyage of the BBC 

Moonstone and its stop in Florida. 

70. Goldwind Science and Goldwind International were aware of and discussed 

internally and with Energoimport and the Blade Manufacturer the shipping route for the 

deliveries of the wind turbine blades and transportation frames to the Confiscated Port, including 

the interim stopovers in Miami, Florida. 

71. In September 2018, a Goldwind Science employee informed various Goldwind 

International employees that the shipments would stop in the United States, that a report to the 

U.S. Department of Commerce would be made prior to arriving in Cuba, and that the route 

included a stop in Miami, Florida. The Goldwind Science employee provided this information to 

one of Goldwind International’s employees because that Goldwind International employee was 

working on behalf of Goldwind Science and as Goldwind Science’s point of contact for 

Energoimport regarding the shipment of equipment to the Herradura Wind Farm Project. 

72. On September 29, 2018, a Goldwind International employee asked high-level 

officers at Goldwind Science for shipping information regarding the wind turbine blades, 

informing them that Energoimport had concerns over the U.S. Government’s hostility towards 

Cuban interests. The Blade Manufacturer confirmed with the aforementioned individuals that 

the blades would transship Miami, Florida. 

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73. Goldwind Science and Goldwind International understood that the stopovers in 

Miami were intended to attempt to comply with, and were necessitated by, U.S. requirements 

based on the deemed American provenance of the wind turbine blades. 

74. Goldwind Science and Goldwind International each agreed to the Florida stops, 

despite the fact that the Wind Farm Agreement with Energoimport expressly forbade 

transshipments in the United States. Goldwind International was responsible for communicating 

the shipping route to Energoimport. 

75. Separately, with respect to the blade tip and root transport frames Goldwind 

Science provided, Defendant DSV and/or DSV Denmark requested that Goldwind International 

provide on behalf of Goldwind Science “Export Control Declarations” for each shipment 

acknowledging that there may be embargos, prohibitions, restrictions, or sanctions on exporting 

or reexporting of goods to, from, or in transit to the Republic of Cuba, including legislation 

adopted by the United States applicable to exports or reexports of goods, to, from or in transit via 

Cuba. Both Export Control Declarations were stamped with the Goldwind Science seal, with 

one signed by a Goldwind International employee as an authorized representative of Goldwind 

Science. Goldwind Science also declared in both documents that “[w]e understand and accept to 

provide DSV with all necessary information on the intended shipment, goods, end use as well as 

intended consignee upon request.” Both Export Control Declarations identified Goldwind 

Science as the “customer” of “DSV.” 

ii. BBC Singapore’s Chartering Agreement with DSV Denmark 

76. In September 2018, DSV Denmark and BBC Singapore (on behalf of BBC 

Carriers) entered into a formal chartering agreement in which BBC Singapore agreed to carry out 

the two relevant shipments (the “DSV-BBC Chartering Agreement”). For each shipment, BBC 

Singapore was required to arrange for a shipping vessel owned by the Briese Group to pick up 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 28 of 66
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the wind turbine blades specified in the Consortium Agreement, Wind Farm Agreement, and 

Blade Supply Agreement, as well as the blade transport frames Goldwind Science provided, in 

Tianjin, China and deliver them to the Confiscated Port by way of Miami, Florida. 

77. Per the DSV-BBC Chartering Agreement, BBC Singapore was required to 

provide DSV Denmark with daily reports of the shipments’ position upon pickup of the 

equipment in China and while en route to Florida and the Confiscated Port. BBC Singapore was 

also required to confirm the shipments’ compliance with any port restrictions. 

78. Per the DSV-BBC Chartering Agreement, BBC Singapore was also required to 

provide (and did provide) bill of lading16 instructions prior to the pickup of equipment in China, 

and to issue and release final bills of lading to DSV Denmark immediately after pickup of the 

wind turbine blades and the transport frames. 

D. The BBC Jade Voyage 

79. As detailed below, Defendants arranged for the BBC Jade to pick up in Tianjin, 

China 51 wind turbine blades (half of the total blades to be shipped to the Confiscated Port) and 

the transport frames Goldwind Science provided, stop in Florida, and dock at the Confiscated 

Port in January 2019 and unload the cargo for Energoimport (hereinafter, the “BBC Jade 

 

16 A bill of lading is a legal document prepared by carriers and shippers that memorializes 

certain information regarding a given ocean shipment, including the cargo being shipped, the 

vessel carrying the cargo, the origin and destination of the cargo, the ports of lading and 

unlading (i.e., loading and unloading), and the exporter, carrier, and consignee (i.e., 

recipient) of the cargo. There are two types of bills of lading: the “house” bill of lading 

issued by the NVOCC and the “master” bill of lading issued by the VOCC (“master” refers 

to the master of the relevant shipping vessel). At a shipment’s origin, the bills of lading 

function as receipts verifying that the goods have transferred from the shipper to the 

NVOCC, and then from the NVOCC to the VOCC. At a shipment’s destination, the bills of 

lading function as proof of title to the goods, with the consignee presenting the house bill of 

lading to the carrier in order to secure release of the shipment and claim ownership. 

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Voyage”). The BBC Jade, International Maritime Organization (“IMO”) No. 9421116, is a 

vessel owned by a Briese Group entity. 

80. On October 3, 2018, the BBC Singapore employee in charge of renewable energy 

equipment from Asia, and responsible for the shipments to Cuba, discussed the nomination of the 

BBC Jade in the context of broader commercial interests for BBC Singapore, BBC USA, and 

DSV. In e-mail correspondence, the BBC Singapore employee noted the business sensitivities 

associated with shipping to Cuba and the potential for sanctions, writing: “Please keep in mind 

we should NOT market this shipment publicly until we are 100% sure on the licensing. DSV to 

respect the same and follow suit (no photos / press releases / linkedin adverts / etc). The US is a 

HUGE market for BBC and DSV as well and the current political climate in the US would not 

side with us on a potentially “un-sanctioned” shipment to Cuba. Our competitors would also love 

to have something like this to use against us in the market.” The same BBC Singapore 

representative also noted the potential risk of sanctions in connection with the shipments on 

September 3, 2018. 

i. Preparing the Relevant Shipping Documentation 

81. Pursuant to its obligations under the DSV-BBC Chartering Agreement, BBC 

Singapore issued the master bills of lading for the BBC Jade, which reflect the following 

information: 

Master Bill of Lading Number TIACAR001 

Cargo 51 Blades (17 sets of blades) 

Vessel BBC Jade 

Port of Loading Tianjin, China 

Port of Discharge Carupano, Cuba [the Confiscated Port] 

Shipper DSV Air & Sea Co., Ltd. Tianjin Branch 

Consignee DSV Denmark

Description “Cargo in transit via port of Miami, U.S.” 

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Master Bill of Lading Number TIACAR002 

Cargo 51 Blade Root Frames, 51 Blade Tip 

Frames 

Vessel BBC Jade 

Port of Loading Tianjin, China 

Port of Discharge Carupano, Cuba [the Confiscated Port] 

Shipper DSV Air & Sea Co., Ltd. Tianjin Branch 

Consignee DSV Denmark

Description “Cargo in transit via Miami, US” 

82. DSV Denmark issued the two house bills of lading for the BBC Jade, which 

reflect the following information: 

House Bill of Lading Number HPR0023508 

Cargo 51 Blades (17 sets of blades) 

Vessel BBC Jade 

Place of Delivery Carupano, Cuba [the Confiscated Port] 

Port of Loading Tianjin, China 

Port of Discharge Carupano, Cuba 

Consignee Energoimport 

Shipper Blade Manufacturer

Incoterm Delivered-at-Place (shipper responsible 

for all costs and risks associated with the 

delivery to the Confiscated Port) 

House Bill of Lading Number HPR0023522 

Cargo 51 Blade Root Frames, 51 Blade Tip 

Frames 

Vessel BBC Jade 

Place of Delivery Carupano, Cuba [the Confiscated Port] 

Port of Loading Tianjin, China 

Port of Discharge Carupano, Cuba 

Consignee Energoimport 

Shipper Goldwind Science 

Description “Cargo in transit via Port of Miami, US” 

Incoterm Delivered-at-Place (shipper responsible 

for all costs and risks associated with the 

delivery to the Confiscated Port) 

83. Goldwind International, acting on behalf of Goldwind Science, played an integral 

role in the preparation and finalization of the bills of lading and other shipping documents for the 

BBC Jade shipment. For example, Goldwind International engaged in discussions regarding the 

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shipping information to be included in the bills of lading; sought confirmation of the contents of 

shipping documents from Energoimport and assurance that the bills of lading would be sufficient 

to enable delivery of the wind farm equipment; ensured necessary revisions were made to the 

documents; circulated draft bills of lading internally and to Energoimport, received and 

circulated an insurance certificate for the shipment; signed the commercial invoices for the wind 

turbine blades on behalf of Goldwind Science; and submitted an Export Control Declaration at 

DSV’s and/or DSV Denmark’s request on behalf of Goldwind Science. 

84. Goldwind International also assisted in coordinating the transport of the cargo at 

the Confiscated Port. 

85. All of this was to fulfill Goldwind Science’s contractual obligation, per the Wind 

Farm Agreement, to provide Energoimport with shipping documents, including the bills of 

lading and commercial invoices for the BBC Jade shipment as well as any other shipments 

carrying relevant cargo to the Confiscated Port, and more generally to facilitate the execution of 

Goldwind Science’s contract with Energoimport. 

86. On or around October 25, 2018, DSV filed with the U.S. Department of 

Homeland Security’s Customs and Border Protection (“CBP”) an Importer Security Filing 

(“ISF”) form, required for all ocean cargo imports to the United States, for the BBC Jade 

shipment’s stop in Miami, Florida. BBC USA’s customs documentation specialist also reviewed 

and approved these filings prior to the BBC Jade’s stop in Florida, noting that “[e]verything 

looks good and correct to me.” On information and belief, the same customs documentation 

specialist from BBC USA was also involved in issuing additional shipping documents for the 

BBC Jade. The BBC Jade ISF form listed DSV’s Miami, Florida address as that of the filing 

party. Later, in December 2018, DSV also separately filed with CBP two additional ISF notices 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 32 of 66
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regarding the BBC Jade shipment. On October 30, DSV filed with CBP the relevant Cargo 

Declarations through the Automated Manifest System (“AMS”), providing detailed shipping and 

cargo information for the BBC Jade shipment.17 Both the ISF and AMS filings contain 

essentially the same information included in the relevant bills of lading, which DSV Denmark 

and BBC Singapore had issued, and which Goldwind International was involved in preparing. 

ii. Executing and Tracking the BBC Jade Shipment 

87. On November 13, 2018, the BBC Jade arrived at Tianjin, China, picked up 51 

wind turbine blades and the transport frames Goldwind Science provided, and departed two days 

later on November 15, for the Panama Canal. 

88. On December 25, 2018, the BBC Jade arrived at and passed through the Panama 

Canal and departed the next day, December 26, to Miami, Florida. 

89. On December 30, 2018, the BBC Jade entered the Miami Seaport. Prior to that 

date, DSV electronically submitted cargo declarations and related information to CBP in order to 

clear the BBC Jade’s entrance into Florida and the United States. 

90. The wind turbine blades and transport frames were not unloaded in Miami. 

Instead, Defendants arranged for the BBC Jade to stop in Miami in an effort to qualify the 

 

17 A shipping vessel entering a U.S. port and carrying foreign-origin, Cuba-bound cargo must 

electronically submit information regarding such cargo to CBP at least 24 hours before the 

cargo is picked up at the foreign port (a “Cargo Declaration”). See 19 C.F.R. § 4.7(b)(2). An 

NVOCC must either itself submit the Cargo Declaration to CBP, or forward it to another 

NVOCC or VOCC to make the required submission. See id. § 4.7(b)(3)(i). A Cargo 

Declaration may be submitted electronically using CBP’s electronic filing system called 

AMS. See id. § 4.7(b)(2). A Cargo Declaration must also contain accurate information 

regarding the relevant bills of lading. See id. § 4.7a(c), (f). CBP authorization for a shipping 

vessel to enter the United States en route to Cuba does not shield the participants of the 

relevant shipment from Helms-Burton Act liability if they traffic in confiscated property in 

the process. 

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shipment as an export “from” the United States under OFAC regulations. The vessel also 

“bunkered” (that is, refueled and resupplied) at the Miami Seaport. 

91. USA Maritime and Seaport Hub, on behalf of BBC Singapore, prepared a 

Statement of Facts memorializing the events that occurred while the BBC Jade was in Miami, 

including the clearance by CBP officials and bunkering activities. At BBC Singapore’s request, 

USA Maritime also prepared and sent along “lessons learned” from the Jade Shipment’s stop in 

Miami, which BBC Singapore used for the second shipment on the BBC Moonstone and its stop 

in Miami. The “lessons learned” noted that USA Maritime and Seaport Hub took the following 

actions in Florida on BBC Singapore’s behalf to facilitate the Jade Shipment’s stop there: 

contacting U.S. authorities—including CBP, the Coast Guard, and U.S. immigration 

authorities—to determine what documentation or procedures were required for the shipment; 

collecting such documentation, including the BIS license, from the shippers or charterers and 

providing them to CBP officials at the Customs Marine Section of the Port of Miami; and, once 

confirmation was granted from U.S. Customs, making the necessary arrangements for the 

vessel’s pre-arrival in port, including contacting the Port Authorities (such as the U.S. Coast 

Guard, Immigration, Pilot, Harbormaster, and tugs), for berthing and additional clearance 

procedures. BBC Singapore thanked USA Maritime for its help “getting mv BBC Jade pushed 

through Miami,” and indicated they had “no complaints” and were “happy with the service [USA 

Maritime] provided.” 

92. On December 31, 2018, the BBC Jade departed Miami for the Confiscated Port. 

Prior to departure, CBP approved the BBC Jade’s Clearance Application,18 which stated that the 

 

18 A shipping vessel intending to depart from a U.S. port to deliver foreign-origin cargo to Cuba 

must obtain clearance from CBP to do so. See 19 C.F.R. § 4.60(a). To obtain CBP 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 34 of 66
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ship would proceed to the Confiscated Port in Cuba. Attached to the Clearance Application was 

the Herradura Export License. 

93. On January 6, 2019, the BBC Jade arrived at the Confiscated Port, and over the 

course of three days, unloaded the wind turbine blades and transportation frames—delivering it 

to Energoimport for transportation by road to the Herradura Wind Farm Project with the 

transporting trucks arranged by Goldwind Science. Per the Wind Farm Agreement, Goldwind 

Science was responsible for providing the finalized house bills of lading to Energoimport in 

advance of the pickup. Accordingly, on information and belief, at or around the time of delivery, 

the relevant house bills of lading regarding the wind turbine blades and transportation frames 

were presented by Energoimport to the operators of the BBC Jade. 

94. On January 9, 2019, the BBC Jade departed the Confiscated Port. 

95. In sum, and in relevant part, the BBC Jade (1) stopped in Tianjin, China, to pick 

up the wind farm equipment; (2) passed through the Panama Canal; (3) stopped in Miami, 

Florida, in an attempt to satisfy certain U.S. trade laws other than the Helms-Burton Act; and (4) 

stopped at the Confiscated Port in Cuba to unload the wind farm equipment. These events are 

depicted in Figure 1 below. 

 

clearance, shipping vessels must present a completed “Clearance Application” to the relevant 

CBP port director. Id. § 4.61(a). Such applications must include any relevant export 

licenses. Applications must also include a travel itinerary of the ports that will be visited 

after departure from the United States. See id. § 4.61(f) (“Clearance in order of itinerary. 

Unless otherwise provided in this section, every vessel bound for a foreign port or ports will 

be cleared for a definite port or ports in the order of its itinerary . . . .”). CBP authorization 

for a shipping vessel to depart the United States for Cuba does not shield the participants of 

the relevant shipment from Helms-Burton Act liability if they traffic in confiscated property 

in the process. 

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Figure 1: BBC Jade Voyage

96. A DSV Denmark employee updated a group of interested parties, including a 

Goldwind International employee, regarding the location of the BBC Jade as the ship approached 

and stopped in Miami and subsequently departed Miami for the Confiscated Port. Goldwind 

International, on behalf of Goldwind Science, communicated this information to Energoimport. 

97. DSV allowed Goldwind Science and other shippers to utilize the “Track & Trace” 

function on its website to “[f]ollow [their] shipments [on the BBC Jade] online from the moment 

[they] place the order to delivery at the final destination.”19

 

19 DSV, About DSV: DSV Global Transport and Logistics, https://www.us.dsv.com/about-DSV 

(last visited on Nov. 1, 2021). 

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E. The BBC Moonstone Voyage 

98. As detailed below, Defendants arranged for the BBC Moonstone to pick up the 

other 51 wind turbine blades and transport frames Goldwind Science provided in Tianjin, China, 

stop in Florida, and dock at the Confiscated Port in February 2019 and unload the cargo for 

Energoimport (hereinafter, the “BBC Moonstone Voyage”). The BBC Moonstone, IMO No. 

9563732, is a vessel owned by a Briese Group entity. 

i. Preparing the Relevant Shipping Documentation 

99. Pursuant to its obligations under the DSV-BBC Chartering Agreement, BBC 

Singapore issued two master bills of lading for the BBC Moonstone, which reflect the following 

information: 

Master Bill of Lading Number TIACAR001 

Cargo 51 Blades (17 sets of blades) 

Vessel BBC Moonstone 

Port of Loading Tianjin, China 

Port of Discharge Carupano, Cuba [the Confiscated Port] 

Shipper DSV Air & Sea Co., Ltd. Tianjin Branch 

Consignee DSV Denmark 

Master Bill of Lading Number TIACAR002 

Cargo 51 Blade Root Frames, 51 Blade Tip 

Frames 

Vessel BBC Moonstone 

Port of Loading Tianjin, China 

Port of Discharge Carupano, Cuba [the Confiscated Port] 

Shipper DSV Air & Sea Co., Ltd. Tianjin Branch 

Consignee DSV Denmark

100. DSV Denmark issued the two house bills of lading for the BBC Moonstone, 

which reflect the following information: 

House Bill of Lading Number HPR0023752 

Cargo 51 Blades (17 sets of blades) 

Vessel BBC Moonstone 

Place of Delivery Carupano, Cuba [the Confiscated Port] 

Port of Loading Tianjin, China 

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Port of Discharge Carupano, Cuba 

Consignee Energoimport 

Shipper Blade Manufacturer 

Description “Cargo in transit via Port of Miami, US” 

Incoterm Delivered-at-Place (shipper responsible 

for all costs and risks associated with the 

delivery to the Confiscated Port) 

House Bill of Lading Number HPR0023755 

Cargo 51 Blade Root Frames, 51 Blade Tip 

Frames 

Vessel BBC Moonstone 

Place of Delivery Carupano, Cuba [the Confiscated Port] 

Port of Loading Tianjin, China 

Port of Discharge Carupano, Cuba 

Consignee Energoimport 

Shipper Goldwind Science 

Description “Cargo in transit via Port of Miami, US.” 

Incoterm Delivered-at-Place (shipper responsible 

for all costs and risks associated with the 

delivery to the Confiscated Port) 

101. Goldwind International, acting on behalf of Goldwind Science, played an integral 

role in the preparation and finalization of the bills of lading and other shipping documents for the 

BBC Moonstone shipment. For example, Goldwind International was engaged in discussions 

about fundamental issues such as the number of bills of lading necessary and for which goods; 

confirmed the contents of bills of lading; was tasked with destroying an original (and allegedly 

incorrect) version of a bill of lading at DSV Denmark’s request; communicated with 

Energoimport for approval of the bills of lading; notified Energoimport that house and master 

bills of lading would be issued; signed the commercial invoices for the wind turbine blades on 

behalf of Goldwind Science; sent packing invoices, bills of lading, an insurance certificate, and 

other shipping documents to personnel in Cuba; and submitted an Export Control Declaration at 

DSV’s and/or DSV Denmark’s request on behalf of Goldwind Science. 

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102. All of this was to fulfill Goldwind Science’s contractual obligation, per the Wind 

Farm Agreement, to provide Energoimport with the bills of lading and commercial invoices for 

the BBC Moonstone shipment as well as any other shipments carrying relevant cargo to the 

Confiscated Port, and more generally to facilitate the execution of Goldwind Science’s contract 

with Energoimport. 

103. On or around December 21, 2018, BBC Singapore’s local shipping agent in 

Tianjin, China submitted an Inward Cargo Declaration AMS filing for the BBC Moonstone to 

CBP on behalf of BBC Singapore, prior to the vessel’s departure from Tianjin, which falsely 

listed the “Port of Discharge” as Miami, Florida. 

104. On or around December 28, 2018, DSV also submitted to CBP the relevant Cargo 

Declarations via AMS, and as well as accompanying ISF forms, to facilitate the BBC Moonstone 

shipment’s stop in Miami, Florida. Correspondence among DSV and DSV Denmark reflected 

that DSV’s submission of the customs forms for the Florida stop was “the foundation of the 

entire project,” that the shipment was “a big project for the company,” and that the companies 

had “a lot riding on” the project. Both the ISF and AMS filings contained essentially the same 

information included in the relevant bills of lading. The Manifest Details on this filing listed the 

Carrier Code “DSVF,” which refers to DSV.20 Although DSV now claims that use of the 

“DSVF” code was a clerical mistake, DSV never corrected the filing or resubmitted accurate 

documentation to CBP. 

 

20 Carriers that have registered with the National Motor Freight Traffic Association must use 

their unique Standard Carrier Alpha Code in their Cargo Declarations. See 19 C.F.R. 

§ 4.7a(c)(2)(iii). 

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ii. Executing and Tracking the Delivery 

105. On December 24, 2018, the BBC Moonstone arrived in Tianjin, China, to pick up 

the other 51 wind turbine blades and the transportation frames Goldwind Science provided. The 

BBC Moonstone departed Tianjin on December 25, 2018, for the Panama Canal. 

106. On January 16, 2019, while preparing for the BBC Moonstone’s arrival in Puerto 

Carupano, Cuba, BBC Carriers, and BBC Singapore personnel asked their Cuban port agent 

whether “the departure clearance for the next port (Port Arthur) will mention a different port than 

Carupano, or if there is no problem because we have the [BIS] export license for the shipment.” 

That same day, the port agent in Cuba emailed BBC Singapore and BBC Carriers personnel 

warning that if they had not obtained an OFAC license, there would be a problem because the 

BBC Moonstone would not be permitted to call on U.S. ports within six months after the Cuba 

call, according to the U.S. Torricelli Act of 1992,21 and Title I of the Helms-Burton Act.22 BBC 

Singapore was thus clearly aware of the Helms-Burton Act by mid-January 2019 at the latest—

before the BBC Moonstone arrived in Cuba, and just 10 days after the BBC Jade made its 

arrival. 

107. On January 26, 2019, the BBC Moonstone arrived at the Panama Canal, and 

proceeded to travel to Miami, Florida. Prior to that date, DSV electronically submitted to CBP 

 

21 See 22 U.S.C. § 6005(b)(1) (“[A] vessel which enters a port or place in Cuba to engage in the 

trade of goods or services may not, within 180 days after departure from such port or place in 

Cuba, load or unload any freight at any place in the United States, except pursuant to a 

license issued by the Secretary of the Treasury.”). 

22 Separate from the private right of action for trafficking in confiscated property under Title 

III, Title I of the Helms-Burton Act mandates the full enforcement of existing regulatory 

trade restrictions with Cuba. See, e.g., 22 U.S.C. § 6032(c), (h). 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 40 of 66
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the cargo declarations and related information in order to clear the BBC Moonstone’s entrance 

into Florida and the United States. 

108. On January 30, 2019, the BBC Moonstone entered the Miami Seaport. 

109. The wind turbine blades and transportation frames were not unloaded in Miami. 

Instead, Defendants arranged for the BBC Moonstone to stop in Miami in an effort to qualify the 

shipment as an export “from” the United States under OFAC regulations. The vessel also 

“bunkered,” (that is, refueled and resupplied) at the Miami Seaport. 

110. USA Maritime and Seaport Hub, on behalf of BBC Singapore, prepared a 

Statement of Facts memorializing the events that occurred while the BBC Moonstone was in 

Miami, including the clearance by CBP officials and bunkering activities. 

111. Later that same day, on January 30, 2019, the BBC Moonstone departed the Port 

of Miami for the Confiscated Port. On or around the same day, a BBC Singapore representative 

also corresponded with USA Maritime in Florida regarding the present status of the BBC 

Moonstone shipment and estimated time of arrival at the Confiscated Port, and asked a BBC 

Carriers representative to obtain the documents from the Miami stop from USA Maritime and 

send them to DSV Denmark. 

112. BBC Singapore took several steps to deliberately conceal the BBC Moonstone’s 

stop in Puerto Carupano from various U.S. entities in order to achieve the vessel’s subsequent 

stop in Port Arthur, Texas to deliver other goods that BBC USA contracted to transport. For 

example, the vessel entrance or clearance forms for the BBC Moonstone that were submitted to 

and stamped by CBP officials in Florida incorrectly listed “Rio Haina”—a port in the Dominican 

Republic—as an upcoming port of call. That was no accident. BBC Singapore and BBC USA 

employees intentionally used “Rio Haina” internally and externally to refer to Puerto Carupano 

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in an effort to conceal the stop in Cuba. BBC Singapore employees also knowingly falsified 

shipping, cargo and stow plans to replace references to Puerto Carupano, Cuba with “Rio Haina” 

as the next stop after Miami. Indeed, a BBC Singapore employee specifically requested a “fake” 

version of the stow plan for the shipment showing Rio Haina “and not Carupano” “so we don’t 

show ‘cuba.’” The purpose of this latter concealment was to ensure that a third-party customer 

transporting cargo on the BBC Moonstone, to which BBC USA was contractually obligated to 

not stop in Cuba, never became aware of the Puerto Carupano delivery. However, the BBC 

Moonstone shipment did not stop, and was never actually scheduled to stop, in Rio Haina. 

113. BBC Singapore also agreed and instructed others, including BBC Carriers, to 

speak with BBC USA personnel in relation to the BBC Moonstone “via PHONE ONLY,” and to 

avoid copying BBC USA on emails discussing the Puerto Carupano stop, so that written 

correspondence did not reflect the Cuba stop. 

114. BBC Singapore also instructed others, including the BBC Moonstone’s ship 

captain, to turn off the ship’s IMOS and AIS tracking systems following departure from Miami 

and before arrival in Houston—which is illegal, see 33 C.F.R. § 164.46(d)—in an effort to avoid 

being tracked when transshipping Cuba. Indeed, the Managing Director of BBC Singapore’s 

Headquarters in Singapore originally instructed that the tracking systems be turned off for both 

the Florida and Cuba portions of the voyage; it was subsequently determined, however, that 

doing so could raise additional unwanted scrutiny surrounding the Miami stop. Consequently, it 

was ultimately agreed that the tracking systems would be turned off upon departing Miami, and 

turned back on after the Cuba stop, prior to entering Port Arthur, Texas. BBC Singapore knew 

that shutting off its vessel tracking systems may cause “trouble with the U.S. Coast Guard” and 

“might even cause more attention.” One BBC Singapore employee also stated that if a U.S. 

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entity noticed the BBC Moonstone’s tracking system was off, she “would have to find a little 

lie.” 

115. On February 4, 2019, the BBC Moonstone arrived at the Confiscated Port, and 

over the course of three days, unloaded the wind turbine blades and associated tip and root 

frames, delivering it to Energoimport for transportation by road to the Herradura Wind Farm 

Project with the transporting trucks arranged by Goldwind Science. Per the Wind Farm 

Agreement, Goldwind Science was responsible for providing the finalized house bills of lading 

to Energoimport in advance of the pickup. Accordingly, on information and belief, at or around 

the time of delivery, the relevant house bills of lading regarding the wind turbine blades and 

transportation frames were presented by Energoimport to the operators of the BBC Moonstone. 

116. On February 7, 2019, the BBC Moonstone departed the Confiscated Port for Port 

Arthur, Texas, and arrived in Port Arthur on February 10, 2019. In an apparent further attempt 

to conceal the BBC Moonstone’s stop in Cuba from U.S. authorities and entities, BBC USA 

submitted an Inward Cargo Declaration form to CBP in connection with the stop in Port Arthur, 

Texas that incorrectly listed Tianjin, China (and not Puerto Carupano) as the “Last Foreign Port 

Before U.S.” This was the third submission to U.S. Customs in connection with the BBC 

Moonstone shipment listing false information that obfuscated the Puerto Carupano, Cuba stop 

(misleading submissions were also made to CBP while the BBC Moonstone was in Tianjin, 

falsely listing Miami as the Port of Discharge, and while in Miami, falsely listing Rio Haina as a 

port of call). Submitting altered or false cargo declarations and AMS filings is prohibited by 

law. See 19 C.F.R. § 4.7a(f). While at Port Arthur, the BBC Moonstone delivered to a U.S. 

customer of BBC USA equipment which had been picked up prior to stopping in Tianjin on 

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December 24, 2018. In arranging for this delivery, which stopped first at the Confiscated Port, 

BBC USA used, and engaged in a transaction benefiting from, the Confiscated Port. 

117. On February 17, 2019, the BBC Moonstone departed Port Arthur. 

118. In sum, and in relevant part, the BBC Moonstone (1) stopped in Tianjin, China, to 

pick up the wind farm equipment for receipt by Energoimport; (2) passed through the Panama 

Canal; (3) stopped in Miami, Florida, in an attempt to satisfy certain U.S. trade laws other than 

the Helms-Burton Act; (4) stopped at the Confiscated Port in Cuba to unload the wind farm 

equipment; and (5) stopped in Port Arthur, Texas, to unload equipment to BBC USA’s U.S. 

customer. These events are depicted in Figure 2 below. 

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Figure 2: BBC Moonstone Voyage

119. A DSV Denmark employee updated a group of interested parties, including a 

Goldwind International employee, regarding the location of the BBC Moonstone as the ship 

approached and stopped in Miami and subsequently departed Miami for the Confiscated Port. 

Goldwind International, acting on behalf of Goldwind Science, communicated this information 

to Energoimport. 

120. BBC Singapore employees also monitored closely the location of the BBC 

Moonstone as the ship approached and stopped in Miami and subsequently departed Miami for 

the Confiscated Port. 

121. DSV allowed Goldwind Science and other shippers to utilize the “Track & Trace” 

function on its website to “[f]ollow [their] shipments [on the BBC Moonstone] online from the 

moment [they] place the order to delivery at the final destination.”23

122. All of the above-described actions were undertaken to fulfill Goldwind Science’s 

contractual obligation to supply wind farm equipment to Energoimport via the Confiscated Port. 

THE HELMS-BURTON ACT 

I. Background 

123. On March 12, 1996, President Clinton signed the Helms-Burton Act into law, not 

only to further strengthen international sanctions and the trade embargo against the Government 

of Cuba, 22 U.S.C. § 6022(2), but also to “protect United States nationals against confiscatory 

takings and the wrongful trafficking in property confiscated by the Castro regime,” id. § 6022(6). 

 

23 DSV, About DSV: DSV Global Transport and Logistics, https://www.us.dsv.com/about-DSV 

(last visited on Nov. 1, 2021). 

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124. To this end, Title III of the Helms-Burton Act, entitled “Protection of Property 

Rights of United States Nationals,” imposes liability on persons trafficking in property 

confiscated from a U.S. national by the Cuban government on or after January 1, 1959, and 

authorizes a private right of action for damages against such traffickers. See 22 U.S.C. § 6082. 

125. On July 16, 1996, President Clinton suspended the private right of action under 

Title III for six months. The August 1, 1996 effective date, however, was not suspended. 

126. On August 1, 1996, Title III of the Act came into effect. Starting on that date, 

traffickers of confiscated property were liable to U.S. nationals with certified claims to that 

property but could not be sued while the private right of action remained suspended. 

127. Because the operative provisions of the Act became effective and have remained 

continually in full force and effect since 1996, traffickers in confiscated property had no 

assurances that they would be forever shielded from liability by a President’s discretionary 

suspension of the private right of action, which could be reinstated at any time, triggering civil 

liability for any violation of the Act within the two-year limitation period. Thus, in the event that 

the suspension was lifted, trafficking from up to two years prior could be the subject of a lawsuit. 

128. President Clinton and subsequent administrations continuously renewed the 

suspension of the Title III private right of action, typically for six months at a time, by decision 

of the President and Secretary of State. 

129. On March 19, 2019, Secretary of State Pompeo partially lifted the suspension of 

Title III’s private right of action, allowing United States nationals to sue certain Cuban stateowned entities. Then, on May 2, 2019, Secretary Pompeo fully lifted the suspension.24

 

24 Michael R. Pompeo, Secretary of State, Remarks to the Press (Apr. 17, 2019), https://cu.us

embassy.gov/remarks-to-the-press-3/ (last visited on Nov. 1, 2021). 

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130. While traffickers in confiscated property have—until recently—benefitted from 

the suspension of Title III lawsuits, they have been subject to potential consequences since 

March 12, 1996. Under Title IV of the Act, the Secretary of State “shall deny a visa to, and the 

Attorney General shall exclude from the United States, any alien who the Secretary of State 

determines is a person who . . . [has] traffic[ked] in confiscated property.” 22 U.S.C. § 6091(a). 

Indeed, this denial and exclusion applies to not only the trafficker in question, but also to the 

trafficker’s agents, corporate officers, principals, and controlling shareholders. See id. 

II. The Helms-Burton Act’s Private Right of Action 

131. Title III of the Helms-Burton Act provides the following private right of action: 

(1) Liability for trafficking.—(A) Except as otherwise provided in this section, any 

person that, after the end of the 3-month period beginning on the effective date of 

this [title], traffics in property which was confiscated by the Cuban Government on 

or after January 1, 1959, shall be liable to any United States national who owns the 

claim to such property for money damages . . . . 

22 U.S.C. § 6082(a)(1). 

132. A person “traffics” in confiscated property if that person “knowingly, and 

intentionally”: 

(i) sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes 

of confiscated property, or purchases, leases, receives, possesses, obtains 

control of, manages, uses, or otherwise acquires or holds an interest in 

confiscated property, 

(ii) engages in a commercial activity using or otherwise benefiting from 

confiscated property, or 

(iii) causes, directs, participates in, or profits from, trafficking (as described in 

clause (i) or (ii)) by another person, or otherwise engages in trafficking (as 

described in clause (i) or (ii)) through another person, 

without the authorization of any United States national who holds a claim to the 

property. 

22 U.S.C. § 6023(13)(A). 

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133. The Act defines “confiscated” in relevant part as “the nationalization, 

expropriation, or other seizure by the Cuban government of ownership or control of property, on 

or after January 1, 1959—(i) without the property having been returned or adequate and effective 

compensation provided; or (ii) without the claim to the property having been settled pursuant to 

an international claims settlement agreement or other mutually accepted settlement procedure.” 

22 U.S.C. § 6023(4)(A). 

134. A person who “traffics” in a U.S. national’s confiscated property under the 

Helms-Burton Act is liable to a plaintiff for money damages equal to: 

(i) the amount which is the greater of— 

(I) the amount, if any, certified to the claimant by the [FCSC] under the 

[ICSA], plus interest; 

(II) the amount determined [by a court-appointed special master, which may 

include the FCSC], plus interest; or 

(III) the fair market value of that property, calculated as being either the 

current value of the property, or the value of the property when confiscated 

plus interest, whichever is greater[.] 

22 U.S.C. § 6082(a)(1)(A) (emphases added). In addition, the Helms-Burton Act adopts “a 

presumption that the amount for which a person is liable . . . is the amount that is certified [by 

the FCSC under the ICSA].” Id. § 6082(a)(2). 

FIRST CAUSE OF ACTION 

Trafficking in Confiscated Property in Violation of 22 U.S.C. § 6082 

(Against Goldwind Science) 

135. American Sugar is incorporated in New Jersey with its principal place of business 

in New York, and is thereby a “United States National” under the Helms-Burton Act. See 22 

U.S.C. § 6023(15). 

136. As a “United States National,” American Sugar is entitled to sue “any person 

that . . . traffics in property which was confiscated by the Cuban Government on or after January 

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1, 1959.” 22 U.S.C. § 6082(a)(1). Goldwind Science is a “person” under the Act. See id.

§ 6023(11). 

137. As detailed in this Amended Complaint, the Confiscated Property was 

expropriated by Cuba on or after January 1, 1959. 

138. American Sugar in 1969 filed a claim with the FCSC for determination under the 

Cuba Claims Program. The FCSC certified that American Sugar has a claim in the amount of 

$97,373,414.72. That certified claim is “conclusive proof of ownership” of American Sugar’s 

interest in the Confiscated Property. 22 U.S.C. § 6083(a)(1). 

139. American Sugar’s certified claim has never been settled pursuant to an 

international claims settlement agreement or other mutually accepted settlement procedure.

140. As detailed in this Amended Complaint, Goldwind Science contracted with 

Energoimport to supply wind farm equipment for the Herradura Wind Farm Project. See, e.g.,

supra paragraphs 41–45. Under the Wind Farm Agreement, Goldwind Science agreed to deliver, 

and did deliver, the wind turbine equipment to Energoimport at the Confiscated Port in Cuba, 

and agreed to submit the necessary shipping documents to effectuate those shipments. See, e.g., 

supra paragraphs 42–43. Through Goldwind International, which executed the Wind Farm 

Agreement on Goldwind Science’s behalf, the wind farm equipment for which Goldwind 

Science contracted to provide was delivered to Energoimport on the BBC Moonstone and BBC 

Jade, which docked and unloaded the equipment at the Confiscated Port. See, e.g., supra 

paragraphs 46, 49, 75, 83–85, 93, 101–102, 115. Under the Blade Supply Agreement, Goldwind 

Science also agreed to arrange for the pickup of the wind farm equipment at the Confiscated 

Port. See supra paragraph 53. To satisfy its contractual obligations under the Wind Farm 

Agreement, Goldwind Science also provided information to secure insurance in the United 

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States, and knew in advance that the stops in Miami, Florida were part of an effort to comply 

with U.S. trade laws separate from the Helms-Burton Act. See, e.g., supra paragraphs 48, 70–74. 

Goldwind Science thereby “knowingly and intentionally” “use[d]” the Confiscated Property. 22 

U.S.C. § 6023(13)(A)(i).

141. As detailed in this Amended Complaint, Goldwind Science entered into 

agreements, namely the Consortium Agreement, Wind Farm Agreement, and Blade Supply 

Agreement, and conducted additional commercial activity, including with other Defendants and 

non-parties, to facilitate these shipments with the purpose of delivering the wind farm equipment 

to Energoimport by way of the Confiscated Port in exchange for monetary compensation from 

Energoimport. Under the Consortium Agreement, Goldwind Science agreed to a form a 

consortium to submit a bid to Energoimport for the Herradura Wind Farm Project, and to supply 

and deliver wind turbine units, including wind turbine blades and other constituent parts, to 

Energoimport in Cuba. See supra paragraph 39. Under the Wind Farm Agreement, Goldwind 

Science contracted with Energoimport to supply (among other equipment) 34 wind turbine units, 

including wind turbine blades and other constituent parts, for the Herradura Wind Farm Project, 

and deliver that equipment to Energoimport at the Confiscated Port in Cuba. See, e.g., supra

paragraphs 41–45. Under the Blade Supply Agreement, Goldwind Science contracted with the 

Blade Manufacturer for the purchase of the necessary wind turbine blades and the delivery of the 

blades to Energoimport at the Confiscated Port. See, e.g., supra paragraphs 50, 52–53. 

Goldwind Science commercially benefited and, per the terms of the agreements, profited from 

the delivery of the wind farm equipment to the Confiscated Port. See supra paragraph 45. 

Additionally, through Goldwind International, which was in charge of operations related to the 

relevant shipments, Goldwind Science facilitated the delivery of the wind farm equipment to the 

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Confiscated Port with the cooperation and assistance of DSV Denmark, DSV, BBC Carriers, 

BBC Singapore, and BBC USA. See, e.g., supra paragraphs 46, 49, 75, 83–85, 93, 101–102, 

115. And to satisfy its contractual obligations under the Wind Farm Agreement, Goldwind 

Science provided information to secure insurance in the United States detailing the use of the 

Confiscated Port for its shipments, and knew in advance that the stops in Miami, Florida were 

part of an effort to comply with U.S. trade laws separate from the Helms-Burton Act. See, e.g.,

supra paragraphs 48, 70–74. At all times in its various roles Goldwind Science was aware that 

the end result of a successful shipment would be that the wind farm equipment was delivered at 

the Confiscated Port. Goldwind Science thereby “knowingly and intentionally” “engage[d] in a 

commercial activity using or otherwise benefiting from confiscated property.” 22 U.S.C. 

§ 6023(13)(A)(ii). 

142. As detailed in this Amended Complaint, Goldwind Science caused, directed, 

participated in or profited from business relationships with other Defendants and non-parties to 

facilitate the delivery of the wind farm equipment to the Confiscated Port. These relationships 

included causing and relying on Goldwind International to assist in negotiating the relevant 

contracts and executing the shipments to the Confiscated Port, causing and participating in a 

customer relationship with DSV and/or DSV Denmark for the provision of transportation and 

logistical services in transporting the wind farm equipment to the Confiscated Port, and causing 

BBC Carriers, BBC Singapore and BBC USA to charter or support the voyages of the BBC 

Moonstone and BBC Jade to the Confiscated Port. See, e.g., supra paragraphs 40, 46, 49, 51, 75, 

83–85, 101–102. Goldwind Science profited from the delivery of the wind farm equipment to 

the Confiscated Port as assisted by these persons. Goldwind Science thereby “knowingly and 

intentionally” “cause[d], direct[ed], participate[d] in, [and] profit[ed] from, trafficking” by or 

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through another person, namely, Goldwind International, DSV, BBC Singapore, BBC USA, and 

non-parties BBC Carriers and Energoimport. 22 U.S.C. § 6023(13)(A)(iii). 

143. At no point did Goldwind Science use the Confiscated Property with the 

authorization of American Sugar. See 22 U.S.C. § 6023(13). 

144. Goldwind Science engaged in unlawful trafficking after November 1, 1996, the 

end of the three-month grace period the Helms-Burton Act provided after it became effective on 

August 1, 1996. See 22 U.S.C. § 6082(a)(1)(A). 

145. Therefore, American Sugar is entitled to damages in the amount of the certified 

claim, plus applicable pre-judgment interest. American Sugar is also entitled to treble damages, 

attorneys’ fees, costs, and post-judgment interest. See 22 U.S.C. § 6082(a)(1), (3); 28 U.S.C. 

§ 1961.

SECOND CAUSE OF ACTION 

Trafficking in Confiscated Property in Violation of 22 U.S.C. § 6082 

(Against Goldwind International) 

146. American Sugar is incorporated in New Jersey with its principal place of business 

in New York, and is thereby a “United States National” under the Helms-Burton Act. See 22 

U.S.C. § 6023(15). 

147. As a “United States National,” American Sugar is entitled to sue “any person 

that . . . traffics in property which was confiscated by the Cuban Government on or after January 

1, 1959.” 22 U.S.C. § 6082(a)(1). Goldwind International is a “person” under the Act. See id.

§ 6023(11). 

148. As detailed in this Amended Complaint, the Confiscated Property was 

expropriated by Cuba on or after January 1, 1959. 

149. American Sugar in 1969 filed a claim with the FCSC for determination under the 

Cuba Claims Program. The FCSC certified that American Sugar has a claim in the amount of 

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$97,373,414.72. That certified claim is “conclusive proof of ownership” of American Sugar’s 

interest in the Confiscated Property. 22 U.S.C. § 6083(a)(1).

150. American Sugar’s certified claim has never been settled pursuant to an 

international claims settlement agreement or other mutually accepted settlement procedure.

151. As detailed in this Amended Complaint, Goldwind International negotiated and 

executed the shipments of the wind farm equipment on the BBC Moonstone and BBC Jade to the 

Confiscated Port on behalf of Goldwind Science. For example, Goldwind International helped 

negotiate the terms of the Wind Farm Agreement with Energoimport on Goldwind Science’s 

behalf, signed the Wind Farm Agreement on Goldwind Science’s behalf, and participated in the 

preparation and finalizing of bills of lading necessary to effectuate the shipments, including by 

confirming the number of required bills of lading and their contents. See, e.g., supra paragraphs 

46, 49, 83–85, 101–102. Goldwind International also communicated with Energoimport 

regarding the shipping documents; ensured necessary revisions were made to the documents; 

destroyed an outdated bill of lading; circulated draft bills of lading internally and to 

Energoimport; signed the commercial invoices for the wind turbine blades on behalf of 

Goldwind Science; tracked the status and location of the shipments during their voyages; 

received and circulated an insurance certificate covering the shipments; submitted, at DSV 

and/or DSV Denmark’s request, Export Control Declarations on behalf of Goldwind Science 

acknowledging the risk of U.S. sanctions in connection with shipments to Cuba; employed 

personnel in Cuba to facilitate the shipments; and sent shipping documents to Cuba. See, e.g.,

supra paragraphs 75, 83–85, 96, 101–102, 119. All of these actions were taken in order to 

effectuate delivery of the wind farm equipment Goldwind Science had contracted to supply 

Energoimport via the Confiscated Port. See, e.g., supra paragraphs 85, 102. Goldwind 

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International thereby “knowingly and intentionally” “use[d]” the Confiscated Property. 22 

U.S.C. § 6023(13)(A)(i).

152. As detailed in this Amended Complaint, Goldwind International personnel 

negotiated and signed the Consortium Agreement and Wind Farm Agreement on behalf of 

Goldwind Science, and helped negotiate on behalf of Goldwind Science the Blade Supply 

Agreement. See, e.g., supra paragraphs 40, 46, 51. Goldwind International conducted additional 

commercial activity to facilitate these shipments with the purpose of delivering the wind farm 

equipment to Energoimport by way of the Confiscated Port. For example, Goldwind 

International participated in the preparation and finalizing of bills of lading necessary to 

effectuate the shipments, including by confirming the number of required bills of lading and their 

contents. See, e.g., supra paragraphs 83–85, 101–102. Goldwind International also 

communicated with Energoimport regarding the shipping documents; circulated draft bills of 

lading internally and to Energoimport; signed the commercial invoices for the wind turbine 

blades on behalf of Goldwind Science; tracked the status and location of the shipments during 

their voyages; received and circulated an insurance certificate covering the shipments; submitted, 

at DSV and/or DSV Denmark’s request, Export Control Declarations on behalf of Goldwind 

Science acknowledging the risk of U.S. sanctions in connection with shipments to Cuba; had 

personnel in Cuba to facilitate the shipments; and sent shipping documents to Cuba. See, e.g.,

supra paragraphs 49, 75, 83–85, 96, 101–102, 119. At all times in its various roles Goldwind 

International was aware that the end result of a successful shipment would be that the wind farm 

equipment was delivered at the Confiscated Port. See, e.g., supra paragraphs 85, 102. Goldwind 

International thereby “knowingly and intentionally” “engage[d] in a commercial activity using or 

otherwise benefiting from confiscated property.” 22 U.S.C. § 6023(13)(A)(ii). 

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153. As detailed in this Amended Complaint, in addition to the assistance it provided 

Goldwind Science to facilitate the shipments, Goldwind International participated in discussions 

regarding the shipping routes for the BBC Moonstone and BBC Jade, including the vessels’ stop 

in Miami, Florida in an attempt to satisfy U.S. trade law requirements (which was a necessary 

and critical component of effectuating the delivery of the wind farm equipment to the 

Confiscated Port) and contributed to decisions regarding the master and house bills of lading and 

shipping information contained therein submitted by other Defendants. See, e.g., supra

paragraphs 70–74, 83, 101. Goldwind International thereby “knowingly and intentionally” 

“cause[d], direct[ed], participate[d] in, [and] profit[ed] from, trafficking” by or through another 

person, namely, Goldwind Science, DSV, BBC Singapore, and non-parties DSV Denmark and 

Energoimport. 22 U.S.C. § 6023(13)(A)(iii). 

154. At no point did Goldwind International use the Confiscated Property with the 

authorization of American Sugar. See 22 U.S.C. § 6023(13). 

155. Goldwind International engaged in unlawful trafficking after November 1, 1996, 

the end of the three-month grace period the Helms-Burton Act provided after it became effective 

on August 1, 1996. See 22 U.S.C. § 6082(a)(1)(A). 

156. Therefore, American Sugar is entitled to damages in the amount of the certified 

claim, plus applicable pre-judgment interest. American Sugar is also entitled to treble damages, 

attorneys’ fees, costs, and post-judgment interest. See 22 U.S.C. § 6082(a)(1), (3); 28 U.S.C. 

§ 1961. 

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THIRD CAUSE OF ACTION 

Trafficking in Confiscated Property in Violation of 22 U.S.C. § 6082 

(Against DSV) 

157. American Sugar is incorporated in New Jersey with its principal place of business 

in New York, and is thereby a “United States National” under the Helms-Burton Act. See 22 

U.S.C. § 6023(15). 

158. As a “United States National,” American Sugar is entitled to sue “any person 

that . . . traffics in property which was confiscated by the Cuban Government on or after January 

1, 1959.” 22 U.S.C. § 6082(a)(1). DSV is a “person” under the Act. See id. § 6023(11). 

159. As detailed in this Amended Complaint, the Confiscated Property was 

expropriated by Cuba on or after January 1, 1959. 

160. American Sugar in 1969 filed a claim with the FCSC for determination under the 

Cuba Claims Program. The FCSC certified that American Sugar has a claim in the amount of 

$97,373,414.72. That certified claim is “conclusive proof of ownership” of American Sugar’s 

interest in the Confiscated Property. 22 U.S.C. § 6083(a)(1).

161. American Sugar’s certified claim has never been settled pursuant to an 

international claims settlement agreement or other mutually accepted settlement procedure.

162. As detailed in this Amended Complaint, DSV was a key participant in the 

determinations over a eleven month period of how to route the vessels to comply with U.S. trade 

law requirements and execute critical U.S. Customs filings to attempt to comply with a U.S. 

Department of Commerce license for the wind farm equipment. See, e.g., supra paragraphs 58, 

60–63. DSV’s participation included the performance of extensive and determinative U.S. trade 

law compliance analyses regarding the BBC Jade and BBC Moonstone shipments and their stops 

in Florida critical to the vessels’ successful delivery of the wind farm equipment to the 

Confiscated Port. See, e.g., id. DSV also called the U.S. Department of Commerce to discuss 

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export licensing issues, and submitted requisite documentation and filings—including ISF 

notices and cargo declarations to CBP—to facilitate the Miami stops and the ultimate delivery of 

wind blades to the Confiscated Port. See, e.g., supra paragraphs 62, 86, 89, 104, 107. DSV 

thereby “knowingly and intentionally” “use[d]” the Confiscated Property. 22 U.S.C. 

§ 6023(13)(A)(i).

163. As detailed in this Amended Complaint, DSV supported DSV Denmark’s 

business relationship with Goldwind Science and Goldwind International to facilitate the 

shipment of the wind farm equipment to Energoimport via the Confiscated Port. See, e.g., supra 

paragraphs 58, 60–61, 75, 86, 104. DSV also supported DSV Denmark’s business relationship 

with BBC Carriers, as memorialized in the DSV-BBC Chartering Agreement, to facilitate the 

shipment of the wind farm equipment to Energoimport via the Confiscated Port. See, e.g., supra

paragraphs 58, 60–61, 75–78, 86, 104. At all times in its various roles DSV was aware that the 

end result of a successful shipment would be that the wind farm equipment was delivered at the 

Confiscated Port. DSV thereby “knowingly and intentionally” “engage[d] in a commercial 

activity using or otherwise benefiting from confiscated property.” 22 U.S.C. § 6023(13)(A)(ii). 

164. As detailed in this Amended Complaint, by providing transportation and logistical 

services to Goldwind Science, Goldwind International, BBC Singapore, and BBC USA, 

including through its support of DSV Denmark, DSV participated in and profited from the 

shipment of the wind farm equipment to the Confiscated Port. See, e.g., supra paragraphs 58, 

60–61, 66, 86, 89, 104, 107. DSV thereby “knowingly and intentionally” “cause[d], direct[ed], 

participate[d] in, [and] profit[ed] from, trafficking” by or through another person, namely, 

Goldwind Science, Goldwind International, BBC Singapore, BBC USA, and non-parties DSV 

Denmark, BBC Carriers, and Energoimport. 22 U.S.C. § 6023(13)(A)(iii). 

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165. At no point did DSV use the Confiscated Property with the authorization of 

American Sugar. See 22 U.S.C. § 6023(13). 

166. DSV engaged in unlawful trafficking after November 1, 1996, the end of the 

three-month grace period the Helms-Burton Act provided after it became effective on August 1, 

1996. See 22 U.S.C. § 6082(a)(1)(A). 

167. Therefore, American Sugar is entitled to damages in the amount of the certified 

claim, plus applicable pre-judgment interest. American Sugar is also entitled to treble damages, 

attorneys’ fees, costs, and post-judgment interest. See 22 U.S.C. § 6082(a)(1), (3); 28 U.S.C. 

§ 1961.

FOURTH CAUSE OF ACTION 

Trafficking in Confiscated Property in Violation of 22 U.S.C. § 6082 

(Against BBC Singapore) 

168. American Sugar is incorporated in New Jersey with its principal place of business 

in New York, and is thereby a “United States National” under the Helms-Burton Act. See 22 

U.S.C. § 6023(15). 

169. As a “United States National,” American Sugar is entitled to sue “any person 

that . . . traffics in property which was confiscated by the Cuban Government on or after January 

1, 1959.” 22 U.S.C. § 6082(a)(1). BBC Singapore is a “person” under the Act. See 22 U.S.C. 

§ 6023(11). 

170. As detailed in this Amended Complaint, the Confiscated Property was 

expropriated by Cuba on or after January 1, 1959. 

171. American Sugar in 1969 filed a claim with the FCSC for determination under the 

Cuba Claims Program. The FCSC certified that American Sugar has a claim in the amount of 

$97,373,414.72. That certified claim is “conclusive proof of ownership” of American Sugar’s 

interest in the Confiscated Property. 22 U.S.C. § 6083(a)(1).

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172. American Sugar’s certified claim has never been settled pursuant to an 

international claims settlement agreement or other mutually accepted settlement procedure.

173. As detailed in this Amended Complaint, BBC Singapore was responsible for 

facilitating the voyages of the two vessels, including the ultimate delivery of the wind farm 

equipment to the Confiscated Port. BBC Singapore selected the BBC Moonstone and BBC Jade 

to carry the wind farm equipment to the Confiscated Port and provided ship operation, 

chartering, and logistical services in support of those voyages and the delivery of the cargo at the 

Confiscated Port. See, e.g., supra paragraphs 68, 76–78, 80–81. BBC Singapore assessed 

compliance issues and sanctions liability associated with the two vessels’ stops in Florida and 

Cuba, consulting with BBC USA, DSV, DSV Denmark, and a U.S.-based company experienced 

in shipments to Cuba to do so. See, e.g., supra paragraphs 61, 64–67. BBC Singapore also 

corresponded and coordinated directly with port agents in Florida to facilitate the vessels’ 

stopover in Miami, including arranging for customs clearance while in Florida, as well as with 

Cuban port agents to facilitate the deliveries at the Confiscated Port. See, e.g., supra paragraphs 

69, 80, 91. BBC Singapore also undertook several deliberate efforts to conceal the nature of the 

deliveries to the Confiscated Port from various U.S. entities and the public, including 

intentionally providing false shipping information that was submitted to U.S. Customs in Florida. 

See, e.g., supra paragraphs 112–114. BBC Singapore also issued master bills of lading for the 

BBC Jade and BBC Moonstone specifying the Confiscated Port as the port of discharge. See, 

e.g., supra paragraphs 81, 99. BBC Singapore thereby “knowingly and intentionally” “use[d]” 

the Confiscated Property. 22 U.S.C. § 6023(13)(A)(i).

174. As detailed in this Amended Complaint, BBC Singapore entered into a formal 

chartering agreement with DSV Denmark in which they agreed to carry out the BBC Moonstone 

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and BBC Jade shipments, designed the shipping route for these shipments, and provided other 

logistical and compliance services to facilitate the delivery of wind farm equipment to the 

Confiscated Port. See, e.g., supra paragraphs 76–78. At all times in its various roles BBC 

Singapore was aware that the end result of a successful shipment would be that the wind farm 

equipment was delivered at the Confiscated Port. BBC Singapore thereby “knowingly and 

intentionally” “engage[d] in a commercial activity using or otherwise benefiting from 

confiscated property.” 22 U.S.C. § 6023(13)(A)(ii). 

175. As detailed in this Amended Complaint, BBC Singapore coordinated with its 

affiliate BBC USA to assist with logistical and compliance requirements associated with the 

Miami, Florida stopover of the BBC Moonstone and BBC Jade. See, e.g., supra paragraphs 67–

68, 112. BBC Singapore also corresponded and coordinated with non-parties USA Maritime and 

Seaport Hub to facilitate the BBC Jade and BBC Moonstone’s stops in Florida. See, e.g., supra 

paragraphs 69, 80, 91. BBC Singapore thereby “knowingly and intentionally” “cause[d], 

direct[ed], participate[d] in, [and] profit[ed] from, trafficking” by or through another person, 

namely, DSV, BBC USA, and non-parties USA Maritime, Seaport Hub and Energoimport. 22 

U.S.C. § 6023(13)(A)(iii). 

176. At no point did BBC Singapore use the Confiscated Property with the 

authorization of American Sugar. See 22 U.S.C. § 6023(13). 

177. BBC Singapore engaged in unlawful trafficking after November 1, 1996, the end 

of the three-month grace period the Helms-Burton Act provided after it became effective on 

August 1, 1996. See 22 U.S.C. § 6082(a)(1)(A). 

178. Therefore, American Sugar is entitled to damages in the amount of the certified 

claim, plus applicable pre-judgment interest. American Sugar is also entitled to treble damages, 

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attorneys’ fees, costs, and post-judgment interest. See 22 U.S.C. § 6082(a)(1), (3); 28 U.S.C. 

§ 1961.

FIFTH CAUSE OF ACTION 

Trafficking in Confiscated Property in Violation of 22 U.S.C. § 6082 

(Against BBC USA) 

179. American Sugar is incorporated in New Jersey with its principal place of business 

in New York, and is thereby a “United States National” under the Helms-Burton Act. See 22 

U.S.C. § 6023(15). 

180. As a “United States National,” American Sugar is entitled to sue “any person 

that . . . traffics in property which was confiscated by the Cuban Government on or after January 

1, 1959.” 22 U.S.C. § 6082(a)(1). BBC USA is a “person” under the Act. See id. § 6023(11). 

181. As detailed in this Amended Complaint, the Confiscated Property was 

expropriated by Cuba on or after January 1, 1959. 

182. American Sugar in 1969 filed a claim with the FCSC for determination under the 

Cuba Claims Program. The FCSC certified that American Sugar has a claim in the amount of 

$97,373,414.72. That certified claim is “conclusive proof of ownership” of American Sugar’s 

interest in the Confiscated Property. 22 U.S.C. § 6083(a)(1).

183. American Sugar’s certified claim has never been settled pursuant to an 

international claims settlement agreement or other mutually accepted settlement procedure. 

184. As detailed in this Amended Complaint, BBC USA assisted BBC Singapore in 

providing ship operation, chartering, compliance, and delivery services for the BBC Moonstone 

and BBC Jade in carrying the wind farm equipment to the Confiscated Port. Specifically, BBC 

USA’s customs documentation specialist reviewed and approved ISF filings submitted to CBP 

for the BBC Jade shipment’s stop in Miami. See supra paragraph 86. BBC USA also supported 

the delivery and unloading of the wind blade equipment at the Confiscated Port, assisted BBC 

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Singapore with its efforts to hide the Cuba stops from U.S. entities and BBC USA’s U.S.-based 

customers, and arranged for the BBC Moonstone to subsequently carry and deliver cargo to its 

U.S. customer at Port Arthur, Texas, following its stop at the Confiscated Port. See, e.g., supra 

paragraphs 112–114. To that end, BBC USA submitted a cargo declaration form to CBP in 

connection with the stop in Port Arthur, Texas that incorrectly listed Tianjin, China (and not 

Puerto Carupano) as the last foreign port before the United States. See supra paragraph 116. 

BBC USA was aware of, and directly benefited from, BBC Singapore’s deliberate attempts to 

conceal the nature of the BBC Moonstone’s stop in Puerto Carupano in order to ensure customs 

clearance and facilitate the delivery of third party goods to Port Arthur, Texas. At all times in its 

various roles BBC USA was aware that the end result of a successful shipment would be that the 

wind farm equipment was delivered at the Confiscated Port. BBC USA thereby “knowingly and 

intentionally” “use[d]” the Confiscated Property. 22 U.S.C. § 6023(13)(A)(i). BBC USA 

thereby also “knowingly and intentionally” “engage[d] in a commercial activity using or 

otherwise benefiting from confiscated property.” 22 U.S.C. § 6023(13)(A)(ii). 

185. As detailed in this Amended Complaint, BBC USA assisted BBC Singapore with 

the delivery and unloading of the wind farm equipment at the Confiscated Port, and assisted in 

fulfilling compliance requirements for the vessels’ stopover in Florida, including by reviewing 

and approving customs documentation submitted by DSV. See, e.g., supra paragraphs 67–68, 

86, 112. BBC USA thereby “knowingly and intentionally” “cause[d], direct[ed], participate[d] 

in, [and] profit[ed] from, trafficking” by or through another person, namely, BBC Singapore, 

DSV and non-party Energoimport. 22 U.S.C. § 6023(13)(A)(iii). 

186. At no point did BBC USA use the Confiscated Property with the authorization of 

American Sugar. See 22 U.S.C. § 6023(13). 

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187. BBC USA engaged in unlawful trafficking after November 1, 1996, the end of the 

three-month grace period the Helms-Burton Act provided after it became effective on August 1, 

1996. See 22 U.S.C. § 6082(a)(1)(A). 

188. Therefore, American Sugar is entitled to damages in the amount of the certified 

claim, plus applicable pre-judgment interest. American Sugar is also entitled to treble damages, 

attorneys’ fees, costs, and post-judgment interest. See 22 U.S.C. § 6082(a)(1), (3); 28 U.S.C. 

§ 1961.

SIXTH CAUSE OF ACTION 

Civil Conspiracy under Florida Law 

(Against All Defendants) 

189. Each of the Defendants conspired to violate the Helms-Burton Act by agreeing to 

help transport wind farm equipment from China to Energoimport in Cuba via the Confiscated 

Port. Defendants knew that the wind farm equipment was to be delivered to Energoimport at the 

Confiscated Port in Cuba and were on notice that the shipment of the wind farm equipment to 

Energoimport would subject them to the risk of liability or penalties under the Helms-Burton Act 

and other U.S. laws, including economic sanctions related to Cuba and U.S. export controls laws. 

190. In order to further their conspiracy, and in an effort to avoid potential liabilities or 

penalties from U.S. economic sanctions related to Cuba, Defendants implemented a scheme 

whereby each of DSV Denmark, DSV, BBC Singapore, and BBC USA took overt actions to 

facilitate the BBC Moonstone’s and BBC Jade’s stops in Miami, Florida in an effort to comply 

with the requirements of U.S. trade laws before proceeding to the Confiscated Port. In doing so, 

certain Defendants took illegal actions to conceal the nature of the Cuba stop in order to preserve 

their business interests and complete a subsequent delivery in Port Arthur, Texas. 

191. The stopovers of the BBC Moonstone and BBC Jade in Miami comprised an 

essential aspect of Defendants’ use of the Confiscated Port in violation of the Helms-Burton Act 

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because they were made in an attempt to avoid liability and penalties under U.S. trade laws, 

which are separate from the Helms-Burton Act. 

192. Each of the Defendants took overt actions to further the scheme to transport the 

wind farm equipment from China to Energoimport in Cuba by way of Miami, Florida. Goldwind 

Science, with the assistance of its subsidiary Goldwind International, supplied and shipped the 

wind farm equipment to the Confiscated Port pursuant to its agreement with Energoimport. To 

facilitate these deliveries, DSV was engaged to support DSV Denmark in providing 

transportation and logistical services for Goldwind Science in order to ship the wind farm 

equipment to Energoimport. In turn, BBC Singapore, at the behest of non-party BBC Carriers as 

directed by DSV Denmark and with the assistance of BBC USA, chartered and supported the 

BBC Jade and BBC Moonstone to carry and unload the equipment at the Confiscated Port. BBC 

USA assisted BBC Singapore and DSV Denmark with logistical and compliance issues 

associated with the BBC Jade and BBC Moonstone’s stopover in Miami, Florida, and also 

assisted with the deliveries at the Confiscated Port. Further, as detailed in this Amended 

Complaint, to facilitate customs clearance in Miami, and to insulate themselves from potential 

compliance and public relations consequences from the subsequent delivery in Cuba, BBC 

Singapore, BBC USA, and DSV took additional steps to conceal the Puerto Carupano stop from 

U.S. entities. In furtherance of that scheme, BBC Singapore and BBC USA facilitated the filing 

of false customs and commercial documentation meant to obfuscate the vessels’ shipment to 

Cuba. BBC Singapore took the additional illegal step of directing the BBC Moonstone to turn 

off its IMOS and AIS tracking systems in an effort to avoid being tracked when transshipping 

Cuba. 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 64 of 66
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193. As a result of the aforementioned acts in furtherance of their conspiracy, 

Defendants trafficked in the Confiscated Port, without authorization from, or compensation to, 

American Sugar. 

194. Therefore, American Sugar is entitled to damages from all Defendants in the 

amount of the certified claim, plus applicable pre-judgment interest. American Sugar is also 

entitled to treble damages, court costs, reasonable attorney’s fees, and post-judgment interest. 

See 22 U.S.C. § 6082(a)(1), (3); 28 U.S.C. § 1961. 

DEMAND FOR JURY TRIAL 

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, American Sugar demands a 

trial by jury in this action of all issues so triable. 

PRAYER FOR RELIEF 

WHEREFORE, American Sugar respectfully requests that judgment be entered in its 

favor and against Defendants: 

1. Awarding American Sugar actual damages in the amount of the certified claim, namely 

$97,373,414.72; 

2. Awarding American Sugar pre-judgment compounded interest pursuant to 22 U.S.C. 

§ 6082(a)(1)(B) accruing from the relevant dates of confiscation; 

3. Awarding American Sugar treble damages pursuant to 22 U.S.C. § 6082(a)(3); 

4. Ordering Defendants to pay American Sugar’s reasonable attorneys’ fees and costs incurred 

in this action pursuant to 22 U.S.C. § 6082(a)(1)(A)(ii); 

5. Awarding American Sugar post-judgment interest pursuant to 28 U.S.C. § 1961; and 

6. Granting all other relief that the Court deems just and proper. 

 

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 65 of 66
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Respectfully submitted, 

Miguel A. Estrada (pro hac vice) 

Jason R. Meltzer (pro hac vice) 

Audi K. Syarief (pro hac vice) 

GIBSON, DUNN & CRUTCHER LLP 

1050 Connecticut Avenue, NW 

Washington, DC 20036-5306 

Telephone: (202) 955-8257 

Facsimile: (202) 530-9616 

mestrada@gibsondunn.com 

jmeltzer@gibsondunn.com 

asyarief@gibsondunn.com 

Andrea E. Neuman (pro hac vice) 

Rahim Moloo (pro hac vice) 

Casey Kyung-Se Lee (pro hac vice) 

Timothy Sun (pro hac vice) 

GIBSON, DUNN & CRUTCHER LLP 

200 Park Avenue, 47th Floor 

New York, NY 10166-0193 

Telephone: (212) 351-3883 

Facsimile: (212) 351-5303 

aneuman@gibsondunn.com 

rmoloo@gibsondunn.com 

clee@gibsondunn.com 

tsun@gibsondunn.com 

 /s/ David S. Mandel 

David S. Mandel 

FBN 38040 

MANDEL & MANDEL LLP 

169 East Flagler Street, Suite 1224 

Miami, FL 33131 

Telephone: (305) 374-7771 

Facsimile: (305) 374 7776 

dsm@mandel.law 

Counsel for Plaintiff 

North American Sugar Industries Inc.

Case 1:20-cv-22471-DPG Document 189 Entered on FLSD Docket 11/01/2021 Page 66 of 66