U.S. and Cuba Continue To Implement Normalization of Relations

President Obama in the final days of his presidency continues to press forward with additional implementation of the policy of normalization of relations with Cuba. The January 12 U.S.-Cuba agreement regarding migration associated with the U.S. ending two immigration benefits for Cubans was discussed in an earlier post.

Here we will discuss (a) the recent joint meeting regarding trafficking in persons; (b) another joint meeting regarding the two countries’ claims against each other; and (c) a new U.S.-Cuba Law Enforcement Memorandum of Understanding (MOU). Recent comments by Cuban leaders about President-elect Trump also will be discussed.

Meeting Regarding Trafficking in Persons

 On January 12 and 13 the two countries met in Washington, D.C. The Cuban delegation “outlined the measures that are being implemented in [Cuba] to prevent and address this scourge, as well as the support and assistance provided to the victims, as part of the “zero tolerance” policy implemented by Cuba in any form of trafficking in persons and other crimes related to sexual exploitation, labor, among others.”[1]

Meeting Regarding Claims

On January 12 the U.S. State Department announced that the two countries were meeting in Havana that day for the third government-to-government meeting on claims. The meeting was to build upon their previous discussions for an exchange of views on technical details and methodologies regarding outstanding claims.[2]

Outstanding U.S. claims include claims of U.S. nationals for expropriated property on the island in the early years of the Cuban Revolution that were certified by the Foreign Claims Settlement Commission, now with interest totaling $8 billion; claims related to unsatisfied U.S. court default judgments against Cuba; and claims held by the U.S. Government. The U.S. continues to view the resolution of these claims as a top priority.

Outstanding Cuban claims include those of the Cuban people for human and economic damages, as reflected in the default judgments issued by the Provincial People’s Court of Havana in 1999 and 2000 against the U.S. As stated in a prior post, these judgments were for $64 billion on behalf of eight Cuban social and mass organizations plus $54 billion on behalf of the Cuban Government for alleged U.S. efforts to subvert that government. (These were default judgments in that the U.S. did not appear or contest these lawsuits in Cuban courts.)

In addition, Cuba repeatedly has asserted at the U.N. General Assembly its damage claims against the U.S. for the latter’s embargo. Last November these alleged damages totaled $ 125 billion.

The representatives of both governments reiterated the importance and usefulness of continuing these exchanges.

As usual, the governments’ public announcements about these closed-door sessions are not illuminating. Prior posts have discussed some of these claims and proposed ways to resolve them, primarily by an international arbitration proceeding at the Permanent Court for Arbitration at The Hague in the Netherlands.[3]

Agreement Regarding Law Enforcement

On January 16, in Havana the MOU was signed by Jeffrey DeLaurentis, chief of mission at the U.S. Embassy in Havana, and Vice Adm. Julio Cesar Gandarilla, the newly appointed Cuban interior minister. It provides for the two countries “to cooperate in the fight against terrorism, drug trafficking, money laundering and other international criminal activities.”[4]

“The arrangement will establish a framework for strengthening our partnership on counternarcotics, counterterrorism, legal cooperation, and money laundering, including technical exchanges that contribute to a strong U.S.-Cuba law enforcement relationship,” the White House statement said. “The arrangement will establish a framework for strengthening our partnership on counternarcotics, counterterrorism, legal cooperation, and money laundering, including technical exchanges that contribute to a strong U.S.-Cuba law enforcement relationship,” the White House statement said.

The U.S. National Security Council stated, “The goals of the President’s Cuba policy have been simple: to help the Cuban people achieve a better future for themselves and to advance the interests of the United States. While significant differences between our governments continue, the progress of the last two years reminds the world of what is possible when we are defined not by the past but by the future we can build together.”

Granma from Havana reported that the agreement covered “the prevention and combating of terrorist acts; drug trafficking; crimes committed through the use of information and communication technologies, and cyber security issues of mutual interest; trafficking in persons; migrant smuggling; flora and fauna trafficking; money laundering; the falsification of identity and travel documents; contraband, including firearms, their parts, components, ammunition, explosives, cash and monetary instruments.”

Cuban Officials’ Recent Comments About President-elect Trump[5]

The Guardian from London reports that in a recent interview Josefina Vidal, Cuba’s top diplomat with respect to the U.S., said it is “‘too early” to predict which path the new administration will follow. “There are . . . [some] functionaries, businessmen [other than anti-normalization Cuban-Americans whom] Trump has named, including in government roles, who are in favor of business with Cuba, people who think that the US will benefit from cooperation with Cuba, on issues linked to the national security of the US.” Cuban officials say that they plan to wait for action rather than words because Trump has repeatedly flip-flopped on the issue of rapprochement – and also put his business interests above his country’s laws.

Nevertheless Vidal warned, “Aggression, pressure, conditions, impositions do not work with Cuba. This is not the way to attempt to have even a minimally civilized relationship with Cuba.”

Her analysis was echoed by Ricardo Alarcón, who spent 30 years representing Cuba at the United Nations and another 20 years as president of the country’s National Assembly, before retiring in 2013. He said, “For two years we have been talking to a sophisticated president with an intelligent, skillful discourse. Now we have a gentleman who is capable of saying anything and nobody is sure what he is going to do.”

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[1] Cuban and U.S. delegations discuss combating trafficking in persons, Granma (Jan. 16, 2017).

[2] U.S. State Dep’t, United States and Cuba to Hold Claims Discussion (Jan. 12, 2017); Cuba Foreign Ministry, Third Meeting on Mutual Compensation between Cuba and United States (Jan. 12, 2017).

[3] See generally posts listed in the “U.S. & Cuba Damage Claims” section of List of Posts to dwkcommentaries.com—Topical: CUBA.

[4] White House, Statement by NSC Spokesperson Ned Price on Deputy National Security Advisor Ben Rhodes’ Travel to Cuba (Jan. 16, 2017); U.S. Dep’t of State, United States and Cuba To Sign Law Enforcement Memorandum of Understanding (Jan. 16, 2017); Reuters, Cuba, United States to Fight Terrorism, Drug Trafficking and Other Crimes, N.Y. Times (Jan. 16, 2017); Assoc. Press, US, Cuban Interior Ministry Sign Law-Enforcement Deal, N.Y. Times (Jan. 16, 2017); Cuba and the U.S. sign Memorandum of Understanding to increase cooperation associated with their national security, Granma (Jan. 17, 2017).

[5] Yaffe & Watts, Top diplomatic negotiator in Cuba warns Trump: ‘aggression doesn’t work,’ Guardian (Jan. 17, 2017).

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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.

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