State Department Creates Cuba Internet Task  Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property 

This week the U.S. State Department has taken two actions regarding Cuba: (1) creation of the Cuba Internet Task Force and (2) granting another six-month extension of the right of U.S. persons to sue traffickers in U.S. property that was expropriated by the Cuban government.

U.S.’ Cuba Internet Task Force.

On January 23, the U.S. Department of State issued a terse announcement that it “is convening a Cuba Internet Task Force composed of U.S. government and non-governmental representatives to promote the free and unregulated flow of information in Cuba. The task force will examine the technological challenges and opportunities for expanding internet access and independent media in Cuba.” The announcement also stated that the first public meeting of the Task force would be on February 7.[1]

This action was pursuant to President Trump’s June 16, 2017’s National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba that he dramatically signed at a public meeting in the Little Havana district of Miami, Florida. The purpose of that document was to announce various policies “to promote a stable, prosperous, and free country for the Cuban people. . . . [to] channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society [and to condemn abuses by the Cuban regime]. . . . [The] Administration will continue to evaluate its policies so as to improve human rights, encourage the rule of law, foster free markets and free enterprise, and promote democracy in Cuba.” (Section 1)[2]

More specifically Section 2 (d) of that Presidential Memorandum stated that the U.S. was to “Amplify efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.”

The creation of the Task Force was criticized by Michael Bustamante, an assistant professor of Latin American history at Florida International University. He said, “By casting the issue of internet access in an explicitly political frame, it will only create greater obstacles for those U.S. telecom companies that have made inroads toward partnerships with the Cuban side. Measures like these strengthen the hand of those in Cuba for whom the prospect (and reality) of external meddling justifies maximum caution with respect to internal reform.”

Cuba immediately registered strong objections to the creation of this Task Force with good reason.[3]

Granma, the official newspaper of the Communist Party of Cuba, said, “In the past phrases like promoting “’freedom of speech’ and ‘expanding access to the internet in Cuba’ have been used by Washington as a pretext for schemes to destabilize the country using new technologies.”

One of Granma’s journalists, Sergio Gómez, declared, “If the administration of President Donald Trump intends to use new technologies to impose changes in the internal order of Cuba, he chose very old roads that have already demonstrated their ineffectiveness, without mentioning the obvious fact that they violate the laws of the affected country. even those of the United States.” Moreover, the “terrain chosen for the new aggression, Internet, clearly demonstrates what the true objectives of Washington are when it demands ‘ree access’  to the network in the countries that oppose it, while in its territory it maintains a tracking system and accumulation of data about what citizens do on the web.”

Gómez also asserted that the U.S. “shows a clear pattern of the use of social networks and the internet with objectives geopolitical and domination. All part of a doctrine of unconventional war designed to destabilize nations without the direct use of military forces, which has taken root after the failures in the conflicts in Iraq and Afghanistan.”

In another article, Gómez added details about Cuba’s expanded Internet access apparently to reject the implicit premise of the U.S. announcement that Cuba was continuing to suffer from lack of such access. Gomez said, “Cuba, by sovereign decision and to the extent of its economic possibilities, is increasing the access of its citizens to the network of networks. According to information provided by specialist Rosa Miriam Alizada, ‘2017 will be remembered as the boom in the expansion of access to the network in our country, with 40% of Cubans connected to the Internet, 37% more than in 2010, and for the naturalization of the internet connection in urban spaces from one end of the island to the other.’”

Another Cuban journalist with a Doctorate in Political Science from the University of Havana, Randy Alfonso Falcón, reported this was not the first time the U.S. had attempted to use the Internet regarding Cuba. On February 14, 2006, then Secretary of State Condoleezza Rice created the Global Internet Freedom Task Force for “maximizing freedom of expression and free flow of information and ideas, especially in Cuba, Iran and China. The author also asserts that this general strategy was continued in the Obama administration.

Therefore, Falcón believes, “In the face of US action In the Cuban digital public space, our response cannot be merely defensive. We must look forward with a scientifically based vision that mobilizes responses and alternatives from Cuba to the extraordinary ideological and cultural confrontation that arises. Take by assault, from the knowledge, the tools of the new colonizers, build ours and endow them with symbols and emancipating essences.”

Suspension of Right To Sue Over Trafficking in Expropriated Property[4]

On January 24, the day after the creation of the Task Force, the State Department announced that once again it was suspending for six months the right to bring a legal action under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (a/k/a the Helms-Burton Law).

That Title III in section 302 states, “any person that . . . 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.”

Since its adoption in 1996, however, Title III has been suspended for consecutive six-month periods by orders of Presidents Bill Clinton, George W. Bush, Barack Obama and now Donald Trump. These suspensions have been made to avoid risking the alienation of U.S. setting legal precedents that contradict other principles of U.S. or international law and opening the door to a potential flood of claims.

John Kavulich, president of the United States-Cuba Economic and Trade Council, said last year that this clause could be “used as a surgical tool to pressure” governments and foreign companies to encourage the Government of Cuba to resolve the 5,913 certified claims that there is in the United States ,” for a total amount of $1.9 billion (with interest).

As previous posts have explained, Cuba recognizes its obligation under international law to pay reasonable compensation for expropriation of property owned by foreigners and in fact has done so for claimants from other countries. Thus, Cuba has conceded the major premise of any I.S. claim for damages for expropriation. In addition, this blog has suggested that the dispute over compensation for expropriation of property owned by Americans be submitted for resolution by an international arbitration tribunal. Presumably the only issue that might be disputed is the value of the property at the time of the expropriation and the amount of interest thereon.[5]

Conclusion

U.S. citizens who support U.S.-Cuba normalization now must see who is appointed to the Cuba Internet Task Force and what it proposes to do. For this blogger, the Task force is based on the erroneous premise that the U.S. may and should unilaterally decide what Internet facilities and access another country should have and unilaterally provide such facilities and technology.  Instead, the U.S. should seek to negotiate bilateral agreements with other countries to cooperate on such issues.

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

[1] U.S. State Dep’t, Creation of the Cuba Internet Task Force (Jan. 23, 2018); Reuters, State Department creates Cuba Internet Task Force (Jan.23, 2018); Torres, Trump administration wants to expand internet access in Cuba, Miami Herald (Ja. 23, 2018).

[2] President Trump Announces Reversal of Some U.S.-Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).   Surprisingly this Presidential Memorandum is no longer available on the White House website.

[3] Washington creates Internet Task Force to promote subversion in Cuba, Granma (Jan. 24, 2018); Gomez, The United States takes up failed policies towards Cuba, Granma (Jan. 23, 2018); Gomez, United States creates a new Task Force on the Internet for subversion in Cuba, Granma (Jan. 24, 2018).  See also posts cited in the “U.S. Democracy Promotion in Cuba” section of List of Posts to the List of Posts to dwkcommentaries.com—Topical: CUBA.

[4]  U.S. State Dep’t, United States Determination of Six Months’ Suspension Under Title III of Libertad (Jan. 24, 2018); Provision that allows Cuban Americans to sue for confiscated property in Cuba is suspended, Miami Herald (Jan. 24, 2018); Trump suspends for another six months the clause of the Helms Burton that allows expropriation lawsuits, Diario de Cuba (Jan. 24, 2018); Falcón, The US strategy for Cuba in the digital public space, CubaDebate (Jan, 24, 208).

[5]  See Resolution of U.S. and Cuba’s Damage Claims, dwkcommentaries.com (April 6, 2015); Resolving U.S. and Cuba Damage Claims, dwkcommentaries.com (Dec. 13, 2015).

 

 

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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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