U.S. and Cuba Hold Productive Second Round of Negotiations

On February 27^th the United States and Cuba held a productive second round of negotiations at the U.S. Department of State in Washington, D.C. [1] (Below is a photograph of the U.S. delegation on the left; the Cuban, on the right.)

At the conclusion of the session, “diplomats of both countries spoke positively about fulfilling the promise made by Presidents Barack Obama and Raul Castro in December to restore embassies in each other’s capitals.

• Roberta Jacobson, the State Department’s senior envoy to Latin America, said, “We made meaningful progress“ and the negotiations were “open, honest and sometimes challenging, but always respectful.” She also said she thought the embassies could be opened before the Summit of the Americas.
• Her Cuban counterpart, Josefina Vidal, indicated she received assurances that the U.S. would move on two of the biggest hurdles remaining: Cuba’s inclusion on the U.S. state sponsor of terrorism blacklist and its inability to conduct normal banking operations in the U.S. She expressed confidence of progress on both priorities “within the following weeks.” Vidal also said that “the Cuban delegation is presenting a proposal for the establishment of a bilateral dialogue on human rights.”

The diplomats also said there would be subsequent discussions about various issues, including (i) civil aviation; (ii) trafficking; (iii) telecommunications; (iv) increasing Cuba’s Internet connectivity; (v) immigration fraud prevention; (vi) regulatory changes that modify the implementation of the blockade; (vii) protection of marine protected areas; and (viii) human rights.

The post-session press release by the Cuban delegation stated they “reiterated the importance of . . . the exclusion of Cuba from the list of ‘state sponsors of international terrorism,’ the provision of financial services to the Cuba Interests Section in Washington services and the need to ensure compliance with the principles of international law and the Vienna Conventions on Diplomatic and Consular Relations, [especially] compliance with the rules relating to the functions of diplomatic missions, the behavior of their staff, to respect national laws and nonintervention in the internal affairs of States.”

Later Vidal made it clear that “Cuba is willing to restore diplomatic relations with the U.S. as soon as the Obama administration declares its intent to take the country off a list of state sponsors of terrorism.” Vidal said that if Cuba got word the Obama administration was recommending the removal from the terrorism list, diplomatic ties could go forward without a prior resolution of the banking issue.” [2]

Vidal further commented that the issue of extraditing people between Cuba and the U.S. had been discussed many times in the past, that the two countries had signed a treaty on the topic in 1906 which has a clause such that it would not apply in cases involving political activities. “Therefore, Cuba has legitimately given political asylum to a small group of U.S. citizens, because we have reason to believe that they deserve this and that is how far we’ve gone. And when one grants political asylum, then you cannot get into these types of discussions.” She added that after the Cuban Revolution of 1959 the U.S. had not honored the treaty when Cuba asked the U.S. to extradite “members of the Cuban dictatorship who were responsible for terrible crimes.” [3]

Before the session, there was optimism, but considerable uncertainty, about the likelihood of a positive outcome as indicted by the press reports before the session.

=================================================

[1] The first round of negotiations was held in Havana on January 22-23 as discussed in a prior post.  This post on the second round is based upon the following: U.S. Dep’t of State, Background Briefing on Talks to Re-establish Diplomatic Relations with Cuba (Feb. 25, 2015); Reuters, Cuba Says Fast Track to Restoring Ties, ‘Depends on U.S.,’ N.Y. Times (Feb. 25, 2015); Miroff & DeYoung, Cuba says terrorism list, banking issues are blocking better ties with U.S., Wash. Post (Feb. 25, 2015);  Sosa, Cuba going to second round of talks with US constructively, Granma (Feb. 25, 2015); Derevit, Cuba comes with proposals and expects answers at the meeting in Washington, CUBADEBATE (Feb. 25, 2015); Assoc. Press, U.S., Cuba Cite Progress on restoring diplomatic ties, Wash. Post (Feb. 27, 2015); Reuters, U.S., Cuba Say Progress Made in Talks, No Date for Diplomatic Ties, N.Y. Times (Feb. 27, 2015); Gómez, Cuba and the U.S. hold talks in respectful climate, Granma (Feb. 27, 2015); Schwartz, U.S., Cuba Meet for Second Round of Diplomatic Talks, W.S.J. (Feb. 27, 2015); Press Release of the Cuba Delegation on restoration of diplomatic relations with the US, Granma (Feb. 27, 2015); Adams & Mohammed, U.S., Cuba say progress made in talks, no date for diplomatic ties, Reuters (Feb. 27, 2015); Archibold, Cuba’s Spot on US Terrorism List Gums Up Restoration of Relations, N.Y. Times (Feb. 28, 2015); Reuters, Cuba Signals Readiness to Fast-Track U.S. Diplomatic Ties, N.Y. Times (Mar. 2, 2015); Gómez, Closer to restoring relations, Granma (Mar. 4, 2015).

[2] A prior post discussed the U.S. legal and political issues regarding its rescission of the terrorism designation making it impossible for the U.S. to make the rescission before the April 10-11 Summit of the Americas in Panama, and Cuba’s acceptance of a U.S. intent to rescind before establishment of diplomatic relations recognizes that U.S. reality.

[3] The U.S.-Cuba extradition treaty of 1906 and its modification in 1926 were discussed in a prior post.