U.S. Considering Re-Designating Cuba as “State Sponsor of Terrorism” 

According to the Miami Herald, the U.S. is considering re-designating Cuba as a “State Sponsor of Terrorism” if Cuba’s government and military continue to support Nicolás Maduro in Venezuela. A senior U.S. official said,  ”What Cubans are doing in Venezuela is unacceptable,. And the United States is evaluating options to address that behavior.” [1]

This unnamed official added, ““The Cubans are executing a strategy to keep the military from second-guessing their support to Maduro. The only thing that is preventing the generals from supporting President Juan Guaidó is the surveillance Cubans are doing. What is keeping [Nicolas] Maduro going is Cuba’s logistical support.”

Another potential reason for such a re-designation is Cuba’s refusal so far to extradite Colombian leaders of the guerilla group ELN — in Havana for currently suspended peace negotiations —for suspected involvement in. last week’s fatal car bombing in Bogota. The Cuban government, however, condemned the attack, but said it would follow the protocols agreed at the start of peace negotiations in 2017. These provide security guarantees for guerrilla commanders to return to Colombia or Venezuela within 15 days of an end to talks and bar military offensives for 72 hours. [2]

Reactions

This possible re-designation predictably was endorsed by Senator Marco Rubio. He said, “Maduro had ‘bought’ the loyalty of the largely corrupt generals. They are also loyal, by the way, because the Cubans are spying on them. The Cuban intelligence agencies quickly pick up on any of these military officers that are being disloyal or expressing doubts and those guys are arrested. There has been a massive purge of Venezuelan military officers over the last two years … And it wasn’t because of corruption … It was because the Cubans caught them and reported them.”

According to William LeoGrande, a Cuba expert and American University professor, “Putting Cuba back on the list of state sponsors of international terrorism would not have a major practical impact on Cuba because almost all the financial sanctions that such a designation entails are already in place under the broader Cuban embargo. However, Cuba would take it as a great insult, and it would certainly have an extremely negative effect on state-to-state cooperation on issues of mutual interest.”

LeoGrande added, ““The Cuban government certainly recognizes that Maduro’s situation is dire and the worst outcome for Cuba would be complete regime collapse through civil violence or external military intervention. Regime collapse would probably mean an immediate end to Venezuelan oil shipments to Cuba — a blow to [Cuba’s] already fragile economy. Cuba would be willing to help find a negotiated political solution to the Venezuelan crisis . . . but only if both Maduro and the opposition are willing to seek such a solution. At the moment, neither side seems willing to accept any compromise. As a result, the Cubans are essentially stuck with Maduro, even as the chances for his survival diminish.”

Another U.S. expert on Cuba, Ted Henken, a professor at Baruch College, said, “Returning Cuba to the list could be disastrous for the Cuban economy because it would scare away desperately needed foreign investments, already very small.”

Background

The State Department summarizes the statutory requirements for “state sponsor of terrorism” as a state that has been “determined [by the Secretary of State] to have repeatedly provided support for acts of international terrorism.” [3]

The Cuban government was on the list of countries that sponsor terrorism from 1982 until 2015, when the Obama administration ruled the island was no longer supporting terrorist organizations. More specifically, the State Department in April 2015 stated its recommendation to President Obama for rescission “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. [4]

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[1] Gamez Torres, U.S. considers putting Cuba on terror list over island’s support of Maduro, Miami Herald (Jan. 25, 2019).

[2[ Reuters, Cuba Urges Colombia, ELN Rebels to Follow Peace Talks Protocol, N.Y. times (Jan. 26, 2019).

[3] State Dep’t, State Sponsor of Terrorism. The three statues are section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act.

[4] President Obama Rescinds U.S. Designation of Cuba as a “State Sponsor of Terrorism,” dwkcommentaries.com (April 15, 2015). See also other posts listed in the “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries—Topical (CUBA).

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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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