President Obama Rescinds U.S. Designation of Cuba as a “State Sponsor of Terrorism”

On April 14th President Barack Obama rescinded the U.S. designation of Cuba as a “State Sponsor of Terrorism” and so notified the Congress. This post will review that decision and its background. [1]

As discussed in a prior post, on December 17, 2014, President Obama asked Secretary of State John Kerry to undertake a review of whether the U.S. should rescind this designation while another post reviewed the statutory framework for this process: review and recommendation by the Department of State followed by a decision by the president and notification of such a decision to the Congress with such a decision to become effective 45 days after that notification. Yet another post set forth the reasons why this blogger believes that such past designations of Cuba have been unjustified, absurd, ridiculous.

 State Department’s Recommendation

Secretary of State’s Press Statement.

On April 14, 2015, Secretary Kerry publicly announced that the State Department had recommended that the President rescind the designation of Cuba as a “State Sponsor of Terrorism.” His press release stated that last week the “Department submitted a report to the White House recommending, based on the facts and the statutory standard, that President Obama rescind Cuba’s designation as a State Sponsor of Terrorism.”

“This recommendation,” the Statement continued, “reflects the Department’s assessment that Cuba meets the criteria established by Congress for rescission . . . . whether Cuba provided any support for international terrorism during the previous six months, and whether Cuba has provided assurances that it will not support acts of international terrorism in the future.” This conclusion was based, in part, upon “corroborative assurances received from the Government of Cuba.”

Nevertheless, according to the Secretary’s statement, “the United States has had, and continues to have, significant concerns and disagreements with a wide range of Cuba’s policies and actions, [but] these concerns and disagreements fall outside of the criteria for designation as a State Sponsor of Terrorism.”

Department’s Background Briefing.

At a special briefing on April 14th, a senior State Department official noted, “the Cubans have for a long time shown us many, many, many speeches by their leaders, both Fidel and Raul, in which they have rejected terrorism; many instances, in fact, of terrorist acts that they have decried publicly, I think the latest probably being the Charlie Hebdo incident in France. But certainly, there are lots of incidents that they can point to. And in terms of commitments for the future, they point to both statements by their leadership and ratifications of international treaties, and the assurances that they gave us.”

Another senior official stated, ”the assurances they provide were fairly wide-ranging and fairly high-level. . . . [T]hey addressed the key elements that we know in the past have been a factor. [T]hey also addressed the pledge or the assurances that they will no longer support acts of terrorism in the future.”

One of the officials in response to a journalist question said, “The statutes . . . provide that no rescission can be made if within 45 days after the receipt of the report from the President the Congress enacts a joint resolution on the issue prohibiting the rescission. The President, of course, can veto any such joint resolution and Congress then, of course, can further act to override the veto. . . . Congress has the right to act.”

 President Obama’s Decision

That same day (April 14) a White House press release stated the President had “submitted to Congress the statutorily required report and certifications indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation.”

This presidential decision was based upon the previously mentioned State Department recommendation that was based on its “careful review of Cuba’s record, which was informed by the Intelligence Community, as well as assurances provided by the Cuban government.”

This press release also stated, “As the President has said, we will continue to have differences with the Cuban government, but our concerns over a wide range of Cuba’s policies and actions fall outside the criteria that is relevant to whether to rescind Cuba’s designation as a State Sponsor of Terrorism.  That determination is based on the statutory standard – and the facts – and those facts have led the President to declare his intention to rescind Cuba’s State Sponsor of Terrorism designation.  More broadly, the [U.S.] will continue to support our interests and values through engagement with the Cuban government and people.”

  • The actual presidential message to Congress was even shorter. It stated, “Pursuant to the Constitution and the laws of the United States, and consistent with section 6(j)(4)(B) of the Export Administration Act of 1979, Public Law 96-72, as amended (50 U.S.C. App. 2405(j)), and as continued in effect by Executive Order 13222 of August 17, 2001, I hereby certify, with respect to the rescission of the determination of March 1,
    1982, regarding Cuba that:(i) the Government of Cuba has not provided any support for international terrorism during the preceding 6-month period; and

    (ii) the Government of Cuba has provided assurances that it will not support acts of international terrorism in the future.

This certification shall also satisfy the provisions of section 620A(c)(2) of the Foreign Assistance Act of 1961, Public Law 87-195, as amended (22 U.S.C. 2371(c)), and section 40(f)(1)(B) of the Arms Export Control Act, PublicLaw 90-629, as amended (22 U.S.C. 2780(f)).”

Reactions to the Decision

Senators Patrick Leahy (Dem., VT), Dick Durbin (Dem., IL) and Benjamin Cardin (Dem., MD) were among those officials who offered immediate support of the decision. Geoff Thale of the Washington Office on Latin America, a private group that promotes democracy in the hemisphere, said: “Taking Cuba off the list of terrorist states is a sensible, and long-overdue step. Whatever U.S. and Cuban differences, the Cuban government has not been a supporter of terrorism.  Taking Cuba off the list will remove an unnecessary irritant in the relationship, and perhaps allow us to discuss the real differences we do have in a more serious way. It should help pave the way for normal diplomatic relations.” The same sentiment came from another U.S. NGO focusing on Latin America, the Latin American Working Group.

Josefina Vidal, Cuba’s top diplomat for U.S. Affairs, endorsed the decision. She said, “The Cuban government recognizes the just decision taken by the President of the [U.S.] to eliminate Cuba from a list on which it never should have been included, especially considering that our country has been the victim of hundreds of acts of terrorism that have cost 3,478 lives and disabled 2,099 Cuban citizens. As the Cuban government has reiterated on multiple occasions, Cuba rejects and condemns all acts of terrorism in all their forms and manifestations, as well as any action that is intended to instigate, support, finance or conceal terrorist acts.”

Not surprisingly long time Cuban-American opponents of the U.S.-Cuba rapprochement criticized this decision: U.S. Senators Marco Rubio (Rep., FL) and Robert Menendez (Dem., NJ) and Representatives Ileana Ros-Lehtine (Rep., FL) and Mario Diaz-Balart (Rep., FL).

Rubio’s opposition undercuts his just-announced presidential campaign assertion that the “time has come for our generation to lead the way toward a new American Century.” In contrast, he said, “too many of our leaders and their ideas are stuck in the twentieth century. They are busy looking backward. . . . They look for solutions in yesterday.” Sorry, Senator Rubio, your ideas and solutions for U.S.-Cuba relations “are stuck in the twentieth century . . . in yesterday.” Stop looking backward!

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

[1] This post is based upon the sources which are hyperlinked in this post along with the following: Archibold & Davis, Obama Endorses Removing Cuba From Terrorism List, N.Y. Times (April 14, 2015); Reuters, Obama Tells Congress He Plans to Remove Cuba From Terrorism List, N.Y. Times (April 14, 2015), Reuters, Cuba Gave U.S. Assurances It Will Not Support Terrorism in Future: U.S. Officials, N.Y. Times (April 14, 2015); Assoc. Press, Obama to Remove Cuba From State Sponsor of Terror List, N.Y. Times (April 14, 2015); DeJong, Obama removes Cuba from the list of state sponsors of terrorism, Wash. Post (April 14, 2015); Tharoor, After 33 years, the U.S. dropped its claim that Cuba sponsors terrorism. Here’s what it means, Wash. Post (Apr. 14, 2015); Barack Obama announces intent to remove Cuba from list of state sponsors of terrorism, Granma (April 14, 2015); Wash. Office on Latin America, Press Release: White House Announces Cuba’s Removal from ‘State Sponsors of Terror List (April 14, 2015); Latin American Working Group, Statement about Cuba’s removal from list (April 14, 2015); Assoc. Press, Cubans Hail Removal From US List of State Terrorism Sponsors, N.Y. Times (April 15, 2015). The actual State Department recommendation could not be found on the Internet, but when it is so available, another blog post will review that document

 

 

 

 

 

 

 

 

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

6 thoughts on “President Obama Rescinds U.S. Designation of Cuba as a “State Sponsor of Terrorism””

  1. Comment: State Department’s Discussion of Rationale for Rescission

    At the State Department’s Daily Briefing on April 15th the Department’s spokesperson made comments on the President’s decision to rescind the designation of Cuba by referring to the three grounds that had been cited for the last designation in early 2014 of Cuba as a state sponsor of terrorism: the presence in Cuba of members of the Basque separatist group (ETA), of members of the Colombian rebel group (FARC) and of fugitives from U.S. justice.

    The spokesperson said, “[T]here are some ETA members who have been in Cuba. The Cuban Government has provided assurances that it would never permit the ETA members living in Cuba to use Cuban territory for activities against Spain or any other country. That was part of this review process, so this is recent. We have no information that Cuba has recently allowed any of these ETA members to plan or finance, lead or commit acts of international terrorism while residing in Cuba. And additionally, for those two ETA members whom Spain has requested extradition, Cuba and Spain have agreed to a bilateral process to resolve that matter, and that’s now underway. The Government of Spain has assured the Government of the [U.S.] that it is satisfied with this process.”

    With respect to Colombia and the FARC, the spokesperson stated, “our review process included a comprehensive review, and there is no credible evidence that the Government of Cuba has in the last six months provided material support, services, or resources to members of the FARC or to the ELN outside of the facilitation of the internationally recognized peace process between those organizations and the Government of Colombia. And the Government of Colombia has indicated to the [U.S.] that it has no evidence that Cuba has provided any political or material support in recent years to either of those organizations in support of any terrorist activity in Colombia. And the Government of Colombia believes that the Government of Cuba has played a constructive role in the peace negotiations.”

    On the subject of fugitives from U.S. justice, the spokesperson said, “it’s an issue of longstanding concern to the [U.S.], and it will be addressed in the broader context of normalizing relations between the [U.S.] and Cuba. We have been raising these fugitive cases, including Joanne Chesimard, William Guillermo Morales, with the Cuban Government at every appropriate opportunity. I would point out that Cuba has expelled to the [U.S.] at least four non-Cuban national fugitives, fugitives from U.S. justice since 2011. So we see the re-establishment of diplomatic relations and the reopening of an embassy in Havana as the means by which we’ll be able more effectively to press the Cuban Government on law enforcement issues such as fugitives. And Cuba has agreed to enter into a law enforcement dialogue with the United States that will work to resolve these cases.”

    State Dep’t, Daily Press Briefing (April 15, 2015), http://www.state.gov/r/pa/prs/dpb/2015/04/240725.htm#CUBA.

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