Critique of John Bolton’s Consistent Advocacy of Using Aggressive Force

On April 17, as criticized in a prior post, U.S. National Security Advisor John Bolton announced in Miami additional U.S. sanctions against Cuba on the anniversary of the 1961 failed U.S. invasion of Cuba’s Bay of Pigs (Playa Girõn).[1]

 

Now Dexter Filkins, an award-winning journalist, reminds us that Bolton has a deserved reputation as the  “Republican Party’s most militant foreign-policy thinker—an advocate of aggressive force who ridicules anyone who disagrees.”  Bolton also is a consistent opponent of multilateral institutions and treaties.

For example, In the George W. Bush Administration Bolton was Under-Secretary of State for Arms Control and International Security Affairs and a strong advocate for the 2001 U.S. invasion of Iraq. He re-endorsed that opinion in 2015 when he said, “I still think the decision to overthrow Saddam was correct.”

In May 2002, still as Under-Secretary, in a speech at the Heritage Foundation he said the Cuban government was developing an ambitious biological weapons program and collaborating with Libya and Iran, all contrary to the opinion of  the State Department’s internal intelligence bureau.

Today he presumably would admit that Venezuela poses no immediate threat to the U.S., but believes it is dangerous because it was allowing Russia to gain a foothold in the region and because it has the largest proven oil reserves in the world. On the other hand, presumably he would not concede that U.S. hostile policies towards that country and Cuba were providing Russia with the opportunity to expand its influence in the region.

The Monroe Doctrine, Bolton recently admitted, is a prohibition against outside powers interceding in Latin America that does not include U.S. use of armed forces in the region. But the Roosevelt Corollary, he added, provides for that use of force, and Bolton says, “I haven’t invoked that—yet.”[2]

Given the Trump Administration’s currently not having a permanent Secretary of Defense and no Secretary of Homeland Security and Ambassador to the U.N., “Bolton would have extraordinary latitude in a crisis., and as long as Trump’s  base is applauding, then Bolton can do whatever he wants.”

Dexter Filkins, the author of this New Yorker article, has been called “the premier combat journalist of his generation” for his reporting from Iraq, Afghanistan and Pakistan, for which he won a Pulitzer Prize in 2009 and a National Book Critics Award for his “The Forever War.”[3]

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[1] Filkins, John Bolton On the Warpath, New Yorker (May 6, 2019). See also, John Bolton’s New threat Against Cuba, dwkcommentaries.com (April 2, 2019); U.S. National Security Advisor Announces New U.S. Hostility Towards Cuba, dwkcommentaries.com (Nov. 3, 2018); Zakaria, Does a Trump doctrine on foreign policy exist? Ask John Bolton, Wash. Post (May 2, 2019) (Bolton has “a dark view of humankind” which requires the U.S. to be “aggressive, unilateral and militant;” and a “longtime fan of regime change”).

[2] State Dep’t, Office of the Historian, Roosevelt Corollary to the Monroe Doctrine, 1904.

[3] Dexter Filkins, The New Yorker; Dexter Filkins, Wikipedia.

 

The Many Skills of an Orchestra’s Music Director

A recent attendance of a rehearsal of the Minnesota Orchestra highlighted for this amateur music-lover the many skills required of an accomplished music director of  a major symphony orchestra. The Minnesota Orchestra’s Osmo Vanskä is such a music director [1] Below is his photograph while conducting.

First, he or she needs to have a thorough knowledge of the wealth of orchestral works in order to help plan an orchestra’s season.

Second, for a specific concert, the music director needs to be intimately familiar with the works on that concert’s program and retrieve or develop how he or she will interpret and conduct each piece, including facial and body movements.

Third, he or she must be able to communicate verbally (in English, for the Minnesota Orchestra) what he wants from each section of the Orchestra. This should be done with all humility and graciousness. At the rehearsal I attended, Vanskä said,”Thank you,” to the Orchestra at the completion of the rehearsal of one of the pieces for the upcoming concerts.

Fourth, at the performance of the pieces at a concert, he or she must be able to have a “stage presence” and bring all of this together for the audience’s enjoyment. When I have attended this orchestra’s concerts, I always have been amazed at Vanskä’s ability by facial and arm gestures and, I assume, by facial expressions I cannot see from the audience, to lead the orchestra in marvelous performances.

The work I heard for 75 minutes of the rehearsal was Tapiola (19 minutes concert performance time) by Jean Sibelius. This is a tone poem capturing the beauty, mystery and magic of the Scandinavian forest and portraying Tapio, the animating forest spirit mentioned throughout the Kalevala, a Finnish epic poem. In the score Sibelius added this preface: “Widespread they stand, the Northland’s dusky forests, Ancient, mysterious, brooding savage dreams; Within them dwells the forest’s mighty God, And wood-sprites in the gloom weave magic secrets.” [2]

It must be mentioned that Finnish-born Vanskä is“renowned internationally for his compelling interpretations of the standard, contemporary and Nordic repertoires and  has led the Orchestra on five major European tours, as well as an August 2018 visit to London’s BBC Proms, and on historic tours to Cuba in 2015 and South Africa in 2018.  In addition, he has led the Orchestra in its award-winning recordings of the complete Sibelius and Beethoven symphonies and the upcoming completion of the recording of the 10 symphonies of Mahler.

As someone who has been on three church mission trips to Cuba and is a close follower and commentator on the U.S. pursuit of normalizing relations with Cuba under President Obama and the unfortunate retreat from those policies by the Trump Administration, I especially was thrilled by the Orchestra’s trip to the island in 2015. [3]   I similarly was thrilled by the Orchestra’s trip to South Africa in 2018, especially after I had seen and heard Mandela at a special program in London’s Westminster Hall in 2001 and by also having visited Cape Town and Robben Island.[4]

Vanskä started his professional musical career as a clarinetist. I fondly recall his beautiful performance of Mozart’s Clarinet Concerto at a benefit concert for displaced Syrians that was organized by some of the Orchestra’s musicians.[5]

In December 2018, the Orchestra announced that Vanskä, now 65 years old,  will leave the Orchestra when his current contract expires in 2022. He said, “I feel at this moment, more than ever in my life, that the Minnesota Orchestra is my own orchestra. And that’s a great feeling. What we have achieved, especially since the lockout, is something very special.”[6]

I join the many Orchestra listeners and patrons in saying he will be sorely missed and difficult to replace.

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[1] Suggestions of other skills of music directors are invited from those who know more about orchestras.

[2] Minn. Orchestra, Program (April 25-27, 2019).

[3] See these posts to dwkcommentaries.com: List of Posts to dwkcommentaries—Topical: CUBAMinnesota Orchestra To Go to Cuba (February 13, 2015); Minnesota Orchestra Goes to Cuba This Week! (May 11, 2015); Minnesota Orchestra’s Trip to Cuba Garners National Recognition (Dec. 17, 2016).

[4]  See List of Posts to dwcommentaries—Topical—South Africa & Mandela. See also these posts to dwkcommentaries.com: Minnesota Orchestra Celebrates the Life of Nelson Mandela ((July 24, 2018); Minnesota Orchestra’s “Celebrating Mandela at 100” Concert (July 29, 2018); Inspirations for Minnesota Orchestra’s South African Tour (Aug. 14, 2018); Minnesota Orchestra’s Concert in South Africa (Cape Town), (Aug. 15, 2018); Minnesota Orchestra’s Other Activities in Cape Town, South Africa (Aug. 16, 2018); Minnesota Orchestra in South Africa (Durban), (Aug. 18, 2018); Minnesota Orchestra in South Africa (Pretoria), (Aug. 20, 2018); Minnesota Orchestra in South Africa (Soweto), (Aug. 24, 2018); Minnesota Singer’s Celebration of Minnesota Orchestra’s Concert in Soweto, (Aug. 29, 2018); Minnesota Orchestra in South Africa (Johannesburg), (Aug. 25, 2018). See also Celebrating the Rhodes Scholarships’ Centennial, (June 21,, 2003); Nelson Mandela Makes Connection with Cecil Rhodes (May 20, 2018). Minnesota Public Television  (tpt) has produced a television program about the Orchestra’s South African tour: Music for Mandela: Minnesota Orchestra in South Africa.The first showing of this program is May 5, 2019, 10:00 p.m. (CDT) on tpt’s Twin Cities station (Channel 2).

[5] Successful Benefit Concert for Displaced Syrians, dwkcommentaries.com (Jan. 7, 2016).

[6] Ross, Conductor Osmo Vanskä to exit Minnesota Orchestra when contract expires, StarTribune (Dec. 8, 2018).

 

U.S. Reactions to New U.S. Anti-Cuba Policies 

U.S. objections to the new U.S. policies regarding Cuba (and Venezuela and Nicaragua) have been registered by a Bloomberg News editorial; by the U.S. Chamber of Commerce; by Representative Eliot Engel, the Chair of the House Committee on Foreign Affairs and other representatives and by groups and individuals outside the government. They will be discussed first.[1]

Then we will look at support for the policies from three Cuban-American legislators (Sen. Marco Rubio (Rep., FL), Sen. Robert Menendez (Dem., NJ) and Rep.Mario Diaz-Balart (Rep., FL); from Sen. Rick Scott (Rep., FL); and from Walter Russell Mead of the Wall Street Journal.

Given the legitimate current U.S.  preoccupation with the Mueller Report and its implications, there have been no editorials (to date) on these Cuba policy changes in other leading newspapers (New York Times, Washington Post and Wall Street Journal) or by the sponsors of the pending Senate bill to end the U.S. embargo of Cuba (Senators Amy Klobuchar (Dem., MN), Patrick Leahy (Dem., VT) and Mike Enzi (Rep., WY)) or by the Chair of the House ‘s Cuba Working Group Steering Committee (Tom Emmer (Rep., MN).

Critics of the New Policies[2]

  1. The Bloomberg Editorial.

Although it was worthy for the U.S. to seek to persuade Cuba to stop helping Venezuela’s Maduro, Bloomberg says the new policies are “the wrong way to get results.”

In fact, says Bloomberg, the new U.S. policies and actions will “inflict real damage on Cuba,” and  “that’s unlikely to make the country’s rulers budge. Instead, opening the [U.S.] floodgates for litigation against Canadian and European companies doing business in Cuba will fracture the international front against Maduro — not to mention swamping U.S. courts with troublesome lawsuits.” In fact, such litigation is “more an attack on America’s friends than on Cuba or Venezuela.”

Moreover, according to Bloomberg, “Aside from dividing what could have been a U.S.-led coalition [against Venezuela’s Maduro], the new escalation will play into the hands of aging hardliners, encouraging Cuba to seek help from Russia and China, and weaken potent internal forces for change.”

  1. Engage Cuba

Engage Cuba, the leading bipartisan coalition of businesses and others who support U.S.-Cuba normalization, issued the following critical comments:

(Statement by James Williams, President of Engage Cuba)

  • “President Trump is doing this for one reason, and one reason only: to appease fringe hardliners in South Florida ahead of the 2020 election. The only way to get property claimants what they deserve is through diplomatic negotiations, which President Trump just threw off the table. . . This lets the Cuban government off the hook and shifts the burden to American, European and Canadian companies. American companies and our closest allies will now be paying instead of the Cuban government.”
  • “The hypocrisy of the Trump administration cozying up to the most brutal dictatorships in the world in Saudi Arabia, Russia and North Korea, but claiming to care about democracy and human rights in Cuba, is like living in a parallel universe. President Trump himself tried for years to open up a Trump Hotel and golf resort in Cuba.”
  • “U.S. travel and remittances are the lifeblood of the private sector entrepreneurs in Cuba. These restrictions are a cruel betrayal and a knife in the back of Cuban civil society and the prospects for a growing independent private sector in Cuba. The Cuban people are already struggling under tremendous difficulties, and these actions only make it worse. We need a policy that focuses on empowering the Cuban people and advancing American interests, not continuing a 60-year failed policy that only serves fringe domestic politics in South Florida.”

(Property Claim Lawsuits)

  • “The Trump administration has chosen to break precedent with every administration since President Clinton by failing to waive Titles III and IV of the the LIBERTAD Act, commonly referred to as the Helms-Burton Act after its sponsors. When Title III takes effect on May 2, American companies and foreign firms will be subject to lawsuits in U.S. courts over the use of properties that were nationalized by the Cuban government following the 1959 revolution. Title IV will also take effect, requiring the denial of U.S. visas for anyone “trafficking” in confiscated Cuban properties, as well as their relatives.”
  • “In opposition to international law, Title III affords claimant rights to Cuban Americans who were Cuban citizens at the time their property was confiscated. Currently, there are 5,913 certified claims of seized American property in Cuba, but the State Department has estimated there could be a flood of up to 200,000 claims with the full activation of Title III.”
  • “Due to Title III’s potential to jeopardize U.S. trade interests, every U.S. administration since the law’s enactment in 1996 has suspended its implementation, typically for a period of six months. Today’s announcement marks the first time Title III has been fully activated and U.S. firms will be subject to lawsuits.”
  • “Companies from the biggest U.S. trade partners, including the European Union, Canada, and Mexico, will also be subject to property claim lawsuits under Title III, though most countries will protect their companies from having to pay damages to U.S. property claimants. The EU and Canada have threatened retaliation in the World Trade Organization.”
  • “Meanwhile, U.S. adversaries like Russia and China are unlikely to comply with Title III lawsuits and will instead align themselves with Cuba against this extraterritorial U.S. policy. By maintaining a trade embargo, the U.S. has already left a vacuum in Cuba for adversarial influence. As Cuba continues to be isolated by the Trump administration, it will increasingly turn to Russia and China, who offer them favorable credit terms and invest in high-profile projects.”

(New Restrictions on Remittances,Travel, and Financial Transactions)

  • “Bolton also announced there will be new limits on non-family travel to Cuba and U.S. remittances to the island, a heavy blow to Cuba’s nascent private sector (roughly one-third of the workforce) which greatly depends on remittances and U.S. travelers to keep their small businesses alive. Remittances will now be capped at $1,000 per quarter, a dramatic departure from the $4 billion that flowed to the Cuban people after the Obama administration lifted all limits on remittances in 2015.”
  • “Five Cuban government-run businesses will be added to the list of entities with which direct financial transactions are barred. New Department of Treasury regulations will prohibit U.S. banks from processing “U-Turn transactions,” Cuba-related funds transfers from a bank outside the U.S. that pass through U.S. financial institutions before being transferred to banks abroad where neither the originator nor the beneficiary is a U.S. national.”
  1. U.S. Chamber of Commerce

“Six decades of trying to isolate Cuba has failed to bring change to the island, and today’s move only doubles down on this strategy. The U.S. Chamber’s support for a new approach to Cuba is founded in our profound conviction that more engagement with the Cuban people — on the basis of free enterprise and free markets — is essential to democratic change and improvements in the Cuban people’s lives.”

“We strongly support U.S. government efforts to protect the property rights of U.S. citizens abroad, but full implementation of Title III is unlikely to achieve those aims and is instead more likely to result in a protracted legal and diplomatic morass that ensnares U.S. courts, companies and partners. . . . Furthermore, it is difficult to see how this action squares with the administration’s earlier commitment to hold harmless U.S. companies legally authorized and previously encouraged to do business in Cuba.”

“Many American companies will now be subjected to countersuits in Europe, Canada, Latin America, and elsewhere. Today’s announcement threatens to disrupt our trade ties to these countries, which are among our closest allies and best customers. Instead, we should be working with them to make the case for democratic change in Cuba.”

  1. Center for Democracy in the Americas

Another U.S. group that supports U.S.-Cuba normalization, the Center for Democracy in the Americas, said through its executive director (and former Obama National Security Advisor) Emily Mendrala, “Capping remittances is mean-spirited, and can only be understood as the U.S. government’s attempt to create economic hardship among the Cuban people. Ambassador Bolton’s speech conflated Cuba with Venezuela, and he announced a policy approach that does the same. The two countries are different, living through very different moments, and to exploit events in Venezuela to settle Cold War scores with Cuba is a distraction from real needs in Venezuela.”

  1. Cuba Educational Travel

Collin Laverty, president of Cuba Educational Travel, added other critical comments. First, “the measures on remittances and travel threaten the economic survival of Cuban families and the viability of thousands of independent small businesses allowed to operate since 2010 under reforms implemented by former President Raúl Castro.” Second, “The only winners here are a handful of members of Congress and those stuck in the past that support them. The losers are millions of Cubans on and off the island and the overwhelming majority of Americans that support engagement with Cuba.”

  1. Current and Former Federal Government Officials

Representative Eliot Engel (Dem., NY), the Chair of the House Committee on Foreign Affairs, stated, ““President Trump’s rejection of over two decades of bipartisan consensus on a key piece of U.S. policy toward Cuba will further isolate the United States from our Latin American and European allies and diminish our ability to promote democracy in Cuba and Venezuela. Sadly, this decision will do nothing to resolve U.S. property claims in Cuba—an important goal toward which we must continue to strive.”

Similar statements were issued by Representatives Kathy Castor (Dem., FL), James McGovern (Dem., MA), Barbara Lee (Dem., CA) and Donna Shalala (Dem., FL).

Benjamin Rhodes, a former Obama adviser who helped negotiate the December 2014 U.S.-Cuba normalization agreement, said, “Restricting remittances that can be sent to Cubans will directly hurt the Cuban people. This is a shameful and mean-spirited policy.”

Mark Feierstein, a former National Security Council’s Director for the Western Hemisphere, tweeted: “As Bolton delivers speech in Miami today on Cuba, it’s useful to keep in mind that according to public opinion polls, most Cuban-Americans approve the measures taken by the Obama Administration to support the Cuban people. The [National Security Council]. . . is out of step with majority opinion in Miami.” In another tweet  he stated, “What we’re leading the Cuban people toward is a darker day, where there will be less economic opportunity.”

  1. Other Americans

Tim Fernholz, who covers space, the economy and geopolitics for Quartz, has addressed the new policies’ adverse effects on the emrging Cuban private sector. He says, “The Trump administration is setting out to crush free markets in Cuba.” These policies “will damage Cuba’s nascent private sector far more than a ruling regime that has out-lasted six decades of US embargo. Trump is pulling the rug out from Cuba’s cuentrapropistas—literally, self-employed—eliminating their sources of capital and revenue and reducing their influence during the all-important transition to a post-Castro Cuban government. . . . US policy toward Cuba, meanwhile, is defined by a near-theological belief that isolating the Cuban people will lead them to abandon national self-determination.”

Supporters of the New Policies[3]

The two Cuban-American Senators and one of the Cuban-American U.S. Representatives, as expected, endorsed at least some of the new U.S. policies. So did Senator Rick Scott. So did Walter Russell Mead, who is the James Clarke Chace Professor of Foreign Affairs and the Humanities at Bard College, a Distinguished Fellow in American Strategy and Statesmanship at the Hudson Institute, and The Wall Street Journal’s Global View columnist.

Senator Marco Rubio (Rep., FL) said, “”By no longer suspending Title III of the Freedom Act, the Trump administration is the sixth of impunity by the Castro regime. The United States is opening the door to justice and enabling victims of the Cuban dictatorship to rightfully sue their perpetrators. Today, as we commemorate the value of the fallen heroes in the Bay of Pigs invasion, history is once again being written. ”

Senator Robert Menendez (Dem., NJ) offered a similar statement: “By fully implementing Title III of the LIBERTAD Act, the United States is rightly providing U.S. citizens with the means to hold the Cuban regime accountable through the U.S. justice system.”

Representative Mario Diaz-Balart (Rep., FL) issued a lengthier statement, which is extracted below:

  • “At long last, victims of confiscated properties will finally have the chance to pursue claims to recoup losses suffered at the hands of the Castro regime.”
  • “President Trump and his administration have demonstrated remarkable solidarity with the Cuban people and the regime’s other victims in tightening sanctions by prohibiting financial transactions with the Cuban military.
  • “Cutting off resources and investment to the regime in Cuba will benefit both U.S. national security interests and regional security interests for neighbors in our hemisphere.”

Senator Scott stated, “Americans can finally sue for property stolen by the Cuban regime. We must continue to do everything we can to cut off the money supply to the Castro Regime, which continues to prop up dangerous dictators like Nicolas Maduro in Venezuela and Daniel Ortega in Nicaragua.”

Walter Russell Mead. He starts with the proposition that Venezuela presents the key challenge of Latin America. “Left to accelerate, the breakdown of governance and civilized life in Venezuela can only create more refugees, enrich arms smugglers and drug cartels, allow forces like Hezbollah to insinuate themselves more deeply in the region. On the other hand, a return to some kind of stability under a pro-business government would initiate an economic recovery that would help the people of Venezuela and their neighbors alike, and deprive the terror cartels of much of their arms and funding. Crucially, if Venezuelan oil production recovers, it would help stabilize world energy markets and significantly increase American leverage with both Russia and Iran.”

“The continued collapse of Venezuela’s economy means the Cuban regime is also facing disaster. From the Trump administration’s point of view, this is a historic opportunity. If Cuba . . . abandons socialism on Mr. Trump’s watch, the president’s prestige at home and abroad would soar.”

Therefore, says Mead, the Trump Administration hopes for “historic victories in Cuba and Venezuela.” That plus  “the fear of a costly defeat have combined to persuade the Trump administration to adopt some of the most far-reaching economic sanctions ever imposed.” In short, no previous U.S. president “has been willing to impose sanctions that alienate powerful allies to this degree over Caribbean policy. That Washington is pressing ahead suggests how high a priority Venezuela has become for the administration.”

Conclusion

There are so many reasons to oppose the new U.S. policies towards Cuba, as this blogger does. Just refer to the above section regarding such opposition and to the similar discussion in the previous posts cited in footnote 1.

As always, this blog invites reasoned comments, pro or con, or corrections from all readers of this post.

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[1] Prior posts have discussed (a) the April 17 announcement of the U.S. allowance of litigation over alleged trafficking in American-owned Cuba property that was expropriated by the Cuban government, circa 1959-60; (b) National Security Advisor John Bolton’s April 17 announcement of additional Cuba sanctions; (c) Cuban reactions to these changes; and (d) European and other countries’ reactions to these changes. These changes take effect in the midst of Cuba’s current dire economic situation, which was the subject of another post.

[2] Editorial, Cuba Is a Problem That Trump Is Making Worse, Bloomberg (April 22, 2019); Press Release, Engage Cuba Statement on New Cuba Sanctions (April 17, 2019); Engage Cuba, Memorandum: New Sanctions on Cuba Announced April 17, 2019 (April 2019); U.S. Chamber of Commerce, Statement on Cuba and Title III of the LIBERTAD Act (April 17, 2019); Center for Democracy in the Americas, CDA STATEMENT:Cuba Sanctions announcement (April 17, 2019); Cuba Educational Travel, CET Statement on President Trump’s Cuba Policy Changes (April 17, 2019); Engel on Implementation of Article III of the Helms-Burton Act (April  17, 2019); U.S. Rep. Castor: The Trump Administration’s Announcement of New, Hardline Restrictions on Cuba Brings Pain to Families, Hurts Growing Cuban Private Sector (April 17, 2019); McGovern Statement on Trump Administration;’s Reckless Policy Change Toward Cuba (April 17, 2019); Congresswoman Barbara Lee Slams President Trump’s Backwards Policy Towards Cuba (April 17, 2019); Caputo, Trump crackdown on “3 stooges of socialism’ has 2020 thrust, Politico (April 17, 2019) (Rep. Shalala quotation); Reuters, Trump’s Cuba Hawks Try to Squeeze Havana Over Venezuela Role, N.Y Times  (April 18, 2019) (Rhodes quotation); Feierstein Twitter Account; Fernholz, Cuba’s entrepreneurs are under attack by Donald Trump, Quartz  (April 22, 2019).

[3] Press Release, Rubio Commends Trump Administration’s Move to Hold Cuba Accountable (April 17, 2019); Press Release, Rubio Highlights Importance of Trump Administration’s Commitment to Democracy in Latin America (April 17, 2019); Press Release, Menendez Statement on Announcement to Let Cuban Americans File Suit over Property Confiscated by Cuban Regime (April 17, 2019); Diaz-Balart: Trump Administration’s Full Implementation of Title III Is a Monumental Decision   (April 17, 2019); Press Release, Sen. Rick Scott Applauds President Trump For Fully Implementing Title III of the Libertad Act (April 17, 2019); Mead, Trump Takes Aim at Caracas and Havana, W.S.J. (April 22, 2019).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

National Security Advisor Bolton Discusses New U.S. Sanctions Against Cuba

On April 17, as discussed in a prior post, the U.S. State Department announced new sanctions against Cuba. The major change was eliminating the waiver of Title III of the Helms-Burton (LIBERTAD) Act allowing U.S. litigation by U.S. owners of Cuban property that was expropriated by the Cuban government in the early years of the Cuban Revolution. This Act also allows the U.S. to deny or revoke U.S. visas to any person or corporate officer “involved in the confiscation of property or trafficking in confiscated property,” as well as their family members.

Later that same day in a Miami speech National Security Advisor John Bolton  proudly announced that “President Trump decided to END the Helms-Burton Title III Waivers, once and for all and that under Title IV of Helms-Burton no U.S. visas would be issued to “anyone who traffics in property stolen from Americans.” In addition, Bolton announced additional anti-Cuba measures.[1] As noted in a prior post, Bolton’s hostility towards Cuba is not new.

The Additional New Sanctions

The additional new sanctions announced by Bolton are the following:

  • Remittances from Cubans in the U.S. to family members on the island will be reduced by the U.S. Treasury Department to $1,000 per person [payor or payee?] per quarter. According to Bolton, the unlimited remittances permitted by the Obama Administration had allowed the Cuban government to evade U.S. sanctions and obtain access to hard currencies.
  • “Non-family travel” or “veiled tourism” to Cuba will be subject to new (and unspecified) restrictions in order to “steer American dollars away from the Cuban regime, or its military and security services, who control the tourism industry in Cuba.” (However, there still are 12 categories of permissible U.S. nationals travel to Cuba under Treasury Department regulations.)
  • The State Department will add five companies to its Cuba Restricted List, including Aerogaviota, an airline controlled by Gaviota, a group of tourism-relative companies controlled by the Cuban Armed Forces.[2]
  • The U.S. Treasury Department will adopt new regulations to “end the use of “U-turn transactions,” which allow the regime to circumvent sanctions and obtain access to hard currency and the U.S. banking system.”

Bolton’s Remarks

Bolton, once again, referred to Cuba, Venezuela and Nicaragua as the “troika of tyranny” and their leaders as “the three stooges of socialism.” They all now are “beginning to crumble” and the U.S. “looks forward to watching each corner of this sordid triangle of terror fail.”

While accusing Cuba of propping up Venezuela’s Maduro with thousands of security force members in the country, Bolton also warned “all external actors, including Russia, against deploying military assets to Venezuela to prop up the Maduro regime.”. The United States will consider “such provocative actions a threat to international peace and security in the region.” Bolton noted  that Moscow recently sent in military flights carrying 35 tons of cargo and a hundred personnel.

In short, from Bolton’s perspective, “the destinies of our nations will not be dictated by foreign powers; they will be shaped by the people who call this Hemisphere hme. Today, we proudly proclaim for all to hear: the Monroe Doctrine is alive and well.” (Emphasis added.)

In addition, Bolton had harsh words for President Obama’s efforts to normalize relations with Cuba. The National Security Advisor said, “Tragically, the Obama administration’s misguided Cuba policy provided the Cuban regime with the necessary political cover to expand its malign influence and ideological imperialism across the region.” He added, “In no uncertain terms, the Obama administration’s policies toward Cuba have enabled the Cuban colonization of Venezuela today.” The Trump Administration’s changes were designed to reverse “the disastrous Obama-era policies, and finally end the glamorization of socialism and communism.”

“To justify its policy of normalizing relations with Cuba, President Obama said Cuba (quote) ‘poses no genuine threat.’ Tell that to the American diplomats who were attacked in Havana. Tell that to the terrorized people of Venezuela. The reality is that the Obama government sought to normalize relations with a tyrannical dictatorship.”  In contrast, Bolton reminded his audience that Trump met with Cuban opposition activists like the Ladies in White and called the late Fidel Castro “a brutal dictator.”

Bolton also implicitly criticized Obama by saying “Naïve beliefs have now given way to clear-eyed common sense. We are no longer surrendering American liberty in the name of global governance. We are no longer selling out our friends to appease our adversaries. [We] are no longer sacrificing the interests of the American people to pursue idealistic fantasies—in Havana, Tehran, or anywhere else.”

After reciting the U.S. and allies’ efforts regarding Venezuela, Bolton said when Maduro falls, “we know that Cuba will be next.”

“Let me be clear: The Trump administration will NEVER, EVER abandon you,” Bolton said. “We will need your help in the days ahead. We must all reject the forces of communism and socialism in this hemisphere — and in this country.”

The Ignominious Timing and Location of the Announcement

Bolton intentionally and ignominiously chose the date and location for this announcement. Last week Bolton tweeted, “[I am] Pleased to announce that I will be joining the Bay of Pigs Veterans Association on April 17 in Miami to deliver remarks on the important steps being taken by the Administration to confront security threats related to Cuba, Venezuela, and the democratic crisis in Nicaragua.”

The date, April 17, was the 58th anniversary of the U.S. disastrous invasion of Cuba’s Bay of Pigs (Playa Girón). Recall that this failed military invasion of Cuba was undertaken by the Central Intelligence Agency (CIA)-sponsored paramilitary group Brigade 2506.  The U.S. gravely underestimated the force-power in Cuba and consequently led their troops to their own destruction. The U.S.-sponsored combatants were members of a counter-revolutionary military group (made up of mostly Cuban exiles who had traveled to the U.S. after Castro’s takeover plus some U.S. military personnel).This invading force was defeated within three days by the Cuba Revolutionary Armed Forces under the direct command of Fidel Castro.[3]

The location of Bolton’s remarks was  the Miami gathering of the Bay of Pigs Veterans Association. In his remarks Bolton paid them homage. He compared the aging Cuban Americans to “the brave men of Bunker Hill, Belleau Wood and Normandy,” and said the new measures were being undertaken to “honor your courage . . . by boldly confronting the evils of socialism and communism in the hemisphere.”

In his remarks, Bolton said, “This is just the beginning. As long as the people of Cuba, Venezuela and Nicaragua stand for freedom, the United States will stand with them. The remarkable story of Brigade 2506 helped inspire President Trump’s hard-hitting Cuba policy. During the 2016 campaign, he visited you here in Miami, he heard your heroic accounts, he saw your stirring pictures and today he is proud to stand by your side.”

“Together, we can finish what began on those beaches, on those famous days in April, 58 years ago today,” Bolton said to rousing applause from the aging brigade members who backed Trump in 2016 when he narrowly won the state.

Conclusion

Bolton’s vigorous embrace of the Monroe Doctrine is outrageous. That Doctrine is a self-proclaimed right to intervene militarily and otherwise in any other country in the Western Hemisphere when a U.S. president deems it appropriate.  From a Latin America perspective it was often seen as a U.S. license to intervene at will in other countries’ internal affairs and is contrary to international law. It, therefore, was entirely appropriate for then Secretary of State John Kerry in 2013 to state that “ the Monroe Doctrine is dead once and for all.”[4]

Also inappropriate was Bolton’s criticism of President Obama’s adoption of policies to normalize U.S.-Cuba relations. I thought and still think that was one of his administration’s greatest accomplishments.[5]

Another objection needs to be registered to Bolton’s comments about the Bay of Pigs. The U.S. financed, organized and ineptly assisted the Bay of Pigs invasion, I always have regarded it as horrible stain on U.S. relations with Cuba that repeatedly needs to be denounced.

Future posts will look at reactions to these U.S. policies from Cuba, the U.S. and other countries.

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

[1] This post was updated after discovering on April 20 the text of Bolton’s speech on the website of the U.S. Embassy in Cuba.  See U.S. Embassy in Cuba, Ambassador Bolton Bay of Pigs Veterans Asociation-Brigade 2506 (April 17, 2019); Gámez Torres, Bolton coming to Miami to discuss U.S. action on Miami to discuss action on Cuba, Venezuela and Nicaragua, Miami Herald (April 12, 2019); Solomon, Reichmann & Lee (AP), Trump Cracks Down on Cuba, Nicaragua and Venezuela, Wash. Post (April 17, 2019); DeYoung, Trump administration announces new measures against Cuba, Wash. Post (April 17, 2019); Bolton announces new sanctions against Cuba, Venezuela and Nicaragua, Wash. Post  (Jan. 17. 2019 (partial video of Bolton’s remarks); Gámez Torres, U.S. restricts travel, remittances to Cuba as part of a new policy under Trump, Miami Herald (April 17, 2019).

[2] These five entities were added to the Cuba Restricted List on April 24, 2019: State Dep’t, Department of State Updates the Cuba Restricted List (April 24, 2019); State Dep’t, List of Restricted Entities and Subentities Associated with Cuba as of April 24, 2019 (April 24, 2019). See also these posts to dwkcommentarie.com: New Restrictions on U.S. Travel to Cuba and Transactions with Certain Cuban Entities (Nov. 8, 2017); More Cuban Businesses Forbidden to U.S. Visitors (Nov. 16, 2018); U.S. Authorizes U.S. Litigation Against Entities on Cuba Restricted List (Mar. 5, 2019); Cuba Modifies Its Cuba Restricted List (Mar. 13, 2019).

[3] Bay of Pigs Invasion, Wikipedia; Brigade 2506: Official Site of the Bay of Pigs Veterans Association.

[4] Johnson, Kerry Makes It Official: ‘Era of Monroe Doctrine Is Over,’ W.S.J. (Nov. 18, 2013).

[5] See posts listed in the “U.S. (Obama) & Cuba (Normalization), 2014,” “U.S. (Obama) & Cuba (Normalization), 2015,” “U.S. (Obama) & Cuba (Normalization), 2016,” and “U.S. (Obama) & Cuba (Normalization), 2017” sections of List of Posts to dwkcommentaries—Topical: Cuba.

 

Additional State Department Briefing on Helms-Burton Changes

A prior post discussed the changes in U.S. implementation of Title III of the Helms-Burton Act that were announced on April 17 by Secretary of State Mike Pompeo and discussed by an Assistant Secretary of State. That same day an unidentified senior official of the Department held a briefing for journalists, apparently at the U.S. Embassy in Havana. Here are highlights of that briefing.[1]

General Comments on Helms-Burton Act

“[U]nder Title III, Congress gave U.S. nationals with a claim to confiscated property in Cuba the right to file a lawsuit against the people or companies who were trafficking in that property.  But for more than 22 years, U.S. Presidents or Secretaries of State have suspended American’s rights under Title III which Congress authorized when both necessary to U.S. national interests and necessary to expedite a transition to democracy in Cuba.”

“Now our decision on Title III is fundamentally related to the actions of the Cuban regime.  After suspending Title III for more than 22 years in a row we still have not seen Cuba transition to democracy.  In fact the opposite is true.  Cuba shows no sign that it will achieve democracy in the near future as the repressive political situation in Cuba has persisted.  And even under a new leader in Cuba, nothing has fundamentally changed.  The recent illegitimate constitutional referendum on February 24th simply entrenched the one-party rule in Cuba, and of course the human rights situation in Cuba remains abysmal.”

“But not only has the situation in Cuba worsened, Cuba also actively undermines democracy in the region as a whole.  We’ve seen it export dictatorship, export torture, export arbitrary detentions, and export the harassment and intimidation of dissidents and opposition factors.  And in all of these actions Cuba continues to prop up the former Maduro regime which denies Venezuelans their right to self-determination.”

“So under the Trump administration U.S. policy towards Cuba will reflect reality.  Twenty-two years of suspending Title III has failed to advance the goal set forth by the legislation in the first place.  Secretary Pompeo’s decision today recognizes the truth of that failure and enacts Congress’ common sense policy to starve the Cuban regime of the wealth it needs to hold onto power while simultaneously supporting the people of Cuba.”

“So ending the suspension of Title III sends a strong signal against trafficking in these confiscated properties as well as opens a path for U.S. claimants whose property was confiscated by the Cuban regime to seek compensation.”

“[S]tarting with NSPM5 [National Security Presidential Memorandum], this administration has made clear its intent on holding the Cuban regime accountable for repression on the island and maligned activity overseas, while at the same time supporting the Cuban people.  And this administration will not allow those trafficking in confiscated property off the hook for their complicity in the regime’s malign behavior.”

“The purpose of the legislation as it was originally passed was to ensure that there was justice for those who had their property illegally confiscated by the Cuban regime.  So of course any European company, any American company, any company around the world that traffics in property that was confiscated by the regime does have the possibility of being hit by this legislation.”

“So I wouldn’t be comfortable giving an assessment on how many companies that applies to, but the LIBERTAD Act also does include certain conditions and requirements to bring an action under Title III.  So in that instance we advise potential plaintiffs to consult with legal counsel.”

Impact of U.S. Changes on Europe

“{O]ou relationship with our partners in Europe is very critical to this administration.  We’ve consulted with them numerous times.  We’ve taken into account their considerations and their concerns. . . . we all agree on the broader strategy to promote democracy and human rights in Cuba.  There is some disagreement on the tactics to get there.”

“[W]hether the Europeans would be taking this to the World Trade Organization, I would just defer to them on their response and what their actions will be, and just simply reiterate that we here are implementing the laws passed by Congress.”

“With this . . . implementation of this legislation we are not targeting any specific countries or specific companies.  The Secretary has made very clear that this is a decision not to waive, that has no exceptions.  So there is no direct targeting reflected here.”

“And in terms of the broader message that we’re trying to communicate writ large, it is the administration’s continued focus on holding the Cuban regime accountable for human rights abuses, and again, simultaneously supporting the people of Cuba in their fight for democracy. [No response to question about impact on Russia.]

“[T[his administration is very committed and clear-eyed in its focus on bringing human rights to Cuba.  This decision is part of a long trajectory that started with NSPM5 and continues with the Cuba restricted list with this decision.  I think you will continue to see decisions and announcements from this administration up to and until a moment when we have democracy in Cuba.” [No response to question about possible re-designation of Cuba as a State Sponsor of Terrorism.]

Cuba and Venezuela

“We have already begun to undertake a number of actions when it comes to Cuba’s role in Venezuela.  As mentioned, this is based [on] . . . the Cuban regime’s activities, both inside Cuba as well as its actions inside Venezuela.”

So we have been very clear on our intent to ratchet up that pressure.  We’ve also been clear that we’re monitoring the impact, the recent suspensions had on bringing about meaningful reform in Cuba.  And we have seen none of those things”

“{T]his is administration has already come out with a number of sanctions and designations specifically related to Cuba’s, the relationship between Cuba and Venezuela, so that again is an indication that we are willing to ratchet up the pressure with respect to Cuba’s foreign intervention in that country.”{

We would agree, there definitely is military intervention in Venezuela.  It’s not on the part of President Juan Guaido or the United States.  It is uniquely on the part of former regime leader Nicolas Maduro, the Cubans, the Russians, and the Iranians.  It is something that we do not accept.  The Lima Group recently announced that they do not accept this intervention.  It is against all of the principles of non-intervention that are held so dear to the people of the Western Hemisphere.  So we absolutely agree with that assertion.”

“We have no tolerance or patience for the recent landing of Russian military personnel inside Venezuela.  We have no tolerance or patience for the way the Cuban regime treats the people of Venezuela, how it props up the Maduro regime, how it provides repression training and tactics to Sebin and others.  So accordingly we are and will continue to take action.”

“We know that there are Cuban military and intelligence services present in Venezuela.  It is widely known both inside and outside of Venezuela that these officers are deeply entrenched in the Venezuela state.  They are the ones providing physical protection and other support directly to Maduro and to the inner circle.  And Maduro himself has made no secret of his partnership with the Cuban armed forces’

In October 2018 Maduro celebrated the deployment of Cuban Special Forces units which were called the Black Wasps, to the Venezuelan-Colombia border for provocative military exercises, and we’ve seen publicly the provocative actions undertaken by the Russians in recent weeks as well.”

In terms of the next steps that we can do, . . . on April 12th the United States sanctioned four companies for operating in the oil sector of the Venezuelan economy and identified nine vessels as blocked properties pursuant to an Executive Order.  Those actions were themselves a follow-on to previous designations and identifications announced earlier in the month which targeted entities and vessels known to be involved in the transportation of crude oil from Venezuela to Cuba.”

All “of these actions are aligned with our broader Venezuela strategy which seeks to hinder the former Maduro regime’s ability to line its pockets with the profits from natural resources that properly belong to the people of Venezuela but that Maduro himself steals.  And it’s also very consistent with our policy approach when it comes to Cuba, which is making sure that we are again holding the regime accountable for its abuses, both inside the country as well as its abuses outside the country.”

Potential Claims for Expropriated Cuban Property

The U.S. “ Foreign Claims Settlement Commission has certified nearly $2 billion worth of claims.  That doesn’t include possible interest.  The United States did an assessment, . . .in 1996, where we saw that there were over 6,000 certified claims.  However,  . . . [today’s] determination is not specifically focused only on certified claims . . . [and] there could be as many as 200,000 certified claims [and] uncertified claims.  That’s why we can’t give a concrete assessment of exactly how many companies or how much money this would entail.  However it’s possible that it could be in the tens of billions of dollars.”

“Title IV  [of the Helms-Burton Act] was never suspended, and what I can say is that we are going to be ramping up investigations in that space as well.”

Conclusion

Exceedingly important facts are ignored by the U.S. cancelling further waiver of Title III of the Helms-Burton Act, by the U.S. current discussion of the claims by U.S. nationals for Cuba’s expropriation of their property on the island, by the above comments by a State Department official as well as Secretary Pompeo’s April 17 announcement of the changes regarding the Act and by the subsequent briefing by Assistant Secretary Breier, as set forth in a prior post.

First, Cuba has consistently recognized that it has an obligation under international law to pay fair compensation for all property that was expropriated in the early years of the Cuba Revolutionary Government. [2]

Second, Cuba has negotiated and paid such expropriation claims by claimants from other countries. [2]

Third, during  the Obama Administration in 2015-2016 held bilateral meetings with Cuba in Washington, D.C. and Havana on many issues that had accumulated during the 50-plus years of U.S.-Cuba estrangement. One such subject was compensation for U.S. claimants for expropriated property. However, there was no resulting agreement on this and many other subjects. I suspect this was due to the complexity of these many issues, potential U.S. political difficulties in approving any such settlement and Cuba’s lack of money to pay such U.S. claims. [2]

Fourth, as a result, this blog has proposed, in an earlier post, that the U.S. and Cuba should agree to an international arbitration over this and other U.S. and Cuba damage claims. (Remember every Fall at the U.N. General Assembly Cuba alleges large amounts of damages from the U.S. embargo when the Assembly overwhelmingly approves Cuba’s resolution condemning that U.S. embargo and this Cuba claim would also be part of the arbitration.) This is a peaceful, responsible way to settle these claims, and frequently in U.S. litigation over large, competing claims, settlements frequently occur after the parties become further educated about the merits and risks of such claims.

The current U.S. bluster over the Helms-Burton Act totally fails to recognize this solution to the issue of compensation of U.S. nationals for expropriation of their property in Cuba.

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[1] U.S. Embassy in Cuba, Telephonic Press Briefing with Senior State Department Official  on the U.S. Policy Towards Cuba (April 17, 2019).

[2] See posts listed in the “U.S. (Obama) & Cuba (Normalization), 2015” and “U.S. (Obama) & Cuba (Normalization), 2016” sections of List of Posts to dwkcommentaries–Topical: CUBA.

 

State Department’s Announcement of New Sanctions Against Cuba

On April 17, the U.S. announced new sanctions against Cuba. The major change was eliminating the waiver of Title III of the Helms-Burton (LIBERTAD) Act allowing U.S. litigation by U.S. owners of Cuban property that was expropriated by the Cuban government in the early years of the Cuban Revolution. This Act also allows the U.S. to deny or revoke U.S. visas to any person or corporate officer “involved in the confiscation of property or trafficking in confiscated property,” as well as their family members.[1]

State Department’s Announcement of Sanctions[2]

The State Department made the official announcement of this change in remarks to the Press by Secretary of State Mike Pompeo, who said the following:

  • “In 1996, Congress passed the Cuban Liberty and Democratic Solidarity Act, also known as Libertad. Until Title III of that act, United States citizens who had their property confiscated by the Castro regime were given the right to file suit against those who traffic in such properties.”
  • “But those citizens’ opportunities for justice have been put out of reach for more than two decades. For now more than 22 years, every president, every secretary of state has suspended Title III in the hope that doing so would put more pressure on the Cuban regime to transition to democracy.”
  • The “Trump administration recognizes reality. We see clearly that the regime’s repression of its own people and its unrepentant exportation of tyranny in the region has only gotten worse because dictators perceive appeasement as weakness, not strength.”
  • “President Obama’s administration’s game of footsy with the Castros’ junta did not deter the regime from continuing to harass and oppress the heroic Ladies in White, a group of women dedicated to peacefully protesting the regime’s human rights abuses.”
  • “More broadly, the regime continues to deprive its own people of the fundamental freedoms of speech, press, assembly, and association. Indeed, according to NGO reports, Cuban thugs made more than 2,800 arbitrary arrests in 2018 alone. In the run-up to the country’s recent sham constitutional referendum, one that enshrined the Communist Party as the only legal political party in Cuba, the regime harassed, beat, and detained leaders and – opposition leaders and activists. Three hundred and ten people were arbitrarily detained according to the Cuban Commission on Human Rights and National Reconciliation.”
  • “Cuba’s behavior in the Western Hemisphere undermines the security and stability of countries throughout the region, which directly threatens United States national security interests. The Cuban regime has for years exported its tactics of intimidation, repression, and violence. They’ve exported this to Venezuela in direct support of the former Maduro regime. Cuban military intelligence and state security services today keep Maduro in power.”
  • “Sadly, Cuba’s most prominent export these days is not cigars or rum; it’s oppression. Detente with the regime has failed. Cozying up to Cuban dictators will always be a black mark on this great nation’s long record of defending human rights.”
  • “For these reasons, I’m announcing that the Trump administration will no longer suspend Title III. Effective May 2nd, . . . the right to bring an action under Title III of the Libertad Act will be implemented in full. I have already informed Congress of my decision.”
  • “Implementing Title III in full means a chance at justice for Cuban Americans who have long sought relief for Fidel Castro and his lackeys seizing property without compensation. For the first time, claimants will be able to bring lawsuits against persons trafficking in property that was confiscated by the Cuban regime. Any person or company doing business in Cuba should heed this announcement.”
  • “In addition to being newly vulnerable to lawsuits, they could be abetting the Cuban regime’s abuses of its own people. Those doing business in Cuba should fully investigate whether they are connected to property stolen in service of a failed communist experiment. I encourage our friends and allies alike to likewise follow our lead and stand with the Cuban people.”
  • “As I said throughout my trip to South America this last week, the Trump administration is committed to helping grow the wave of democracy, good governments, and openness, which is steadily building throughout the entire Western Hemisphere. On my trip last week, I saw these positive changes firsthand, and told our friends and allies that we’re with them. We’re on the side of what’s right and what is just.”
  • “Today we are holding the Cuban Government accountable for seizing American assets. We are helping those whom the regime has robbed get compensation for their rightful property. And we’re advancing human rights and democracy on behalf of the Cuban people.”

Immediately after the Secretary’s remarks, Kimberly  Breier, Assistant Secretary of State for Western Hemisphere Affairs, responded to journalists’ questions. Here are her significant responses:

  • “[O]bviously we’ve been in very deep and close contact with our allies in Europe and Canada and around the world as we consulted on this decision over the past several months as the Secretary had been shortening the period of suspension with his previous decisions. I think it’s clear if you look in the macro sense we have broad agreement with our allies in Europe and Canada and around the world on the policy objective, which is to promote democracy in Cuba and to free the Cuban people from the tyranny that they live under.”
  • “We are in broad agreement on this. Where we sometimes disagree is on the best way to achieve that. And I think at the end of the day, you’ll need to speak to the European Union and to our allies as to what response they will have, but I would like to emphasize that European companies that are operating in Cuba will have nothing to worry about if they are not operating on property that was stolen from Americans post-revolution. So I think the vast number of European companies will not have any concerns operating in Cuba.”
  • We “took a decision today based on our laws and our sovereign concerns for the property of American citizens and Europeans will respond as they see fit, and we will continue to work closely with them on this policy and on the policy in Venezuela.”
  • The “decision today is part of the trajectory that started with the Trump Administration’s NSPM-5, which was announced in June of 2017.[3]The objective of that was . . . to support the Cuban people and to deny resources to the regime, and in particular to the security services in Cuba. So this is part of a trajectory. We have since published a Cuba restricted list. We have since amended the restricted list several times, and this is part of the trajectory of the administration trying to ensure that we support the people of Cuba and not the regime of Cuba.”
  • The “Secretary’s decision was about the actions of the Cuban regime; certainly, the actions of the Cuban regime in Venezuela are part of the context of the moment in which we are living. And we are very clear, and . . . the Lima Group, which is a group of 12 countries in the Western Hemisphere, for the very first time this week announced its concern over Cuba’s role in Caracas and made public its concern, and called on the Cuban regime to support the transition in Caracas. So I think it’s a very important moment in our relations in the hemisphere as well.”
  • Over “the past two years building off of NSPM-5 and looking at the various tools that we have to implement the President’s vision for how we would conduct this policy. I think you’re going to be seeing quite a bit more from us, and that this is the beginning of a new process on this that recognizes the reality on the ground in Cuba, which is in the past 20-plus years the underlying reality in Cuba has not changed for the average Cuban..[There was no direct response to the question about whether the U.S. was considering t returning Cuba to the State Sponsors of Terrorism list.[4]]
  • “There will not be any exemptions [from this new sanction for any U.S. company doing business in Cuba].” (Emphasis added.)
  • The “Foreign Claims Settlement Commission . . . has certified nearly 6,000 claims for property confiscated in Cuba with a total value of approximately 2 billion. With interest, we believe that value is somewhere in the $8 billion range. The most recent estimate we have from 1996, at the time that the law was enacted, that there could be up to 200,000 uncertified claims that were not certified by the Foreign Claims Settlement Commission, and that value could very easily be in the tens of billions of dollars. But it will depend on, of course, whether claimants decide to pursue legal cases or not.”[5]

The day before the official announcement in an embargoed briefing for journalists, an unidentified senior State Department official said that foreigners who have been trafficking in such properties  have “had over 20 years of profiting from property stolen from American citizens.”

Hints of This and Other Anti-Cuba Measures[6]

For the last several weeks the Administration has been hinting that more anti-Cuba measures were coming.

One such  hint came from Vice President Mike Pence at a U.N. Security council meeting on April 10, when he said, “For decades, Cuba has tried to create client states across our region.  While normal countries export goods, Cuba exports tyranny and strong-arm tactics.  Even now, Cuban military and intelligence services train and support and equip Venezuela’s secret police as they silence opponents, jail and torture members of the opposition.” Pence added, “Last week, the United States took action to sanction ships transporting Venezuelan oil to Cuba.  And soon, at President Trump’s direction, the United States will announce additional action to hold Cuba accountable for its malign influence in Venezuela.” (Emphasis added.)

 Two days later, President Trump issued his Proclamation on Pan American Day and Pan American Week, which said, in part, “Sadly, the people of Cuba, Venezuela, and Nicaragua continue to live under tyranny and authoritarianism.  The brutality and corruption of the illegitimate former regime in Venezuela has crippled the country and brought it to ruin.  We must not forget that the struggle is one between dictatorship and democracy, between oppression and freedom, and between continued suffering for millions of Venezuelans and an opportunity for a renewed future of freedom and prosperity.  The community of democracies in our Western Hemisphere must continue to support the people of Venezuela, Cuba, and Nicaragua as they fight for the restoration of democracy and liberty. (Emphases added.)

Another tip came from the State Department when it announced that  that the U.S. was adding four companies and nine vessels  to the list of Venezuelan companies  that were sanctioned for transporting oil to Cuba.[7] The Department also said the U.S.“will continue to do all we can to stand up against Cuba’s support for the former Maduro regime and its hostility to the Venezuelan people’s aspiration to a peaceful, prosperous, democratic future. Cuba’s intervention only seeks to delay the inevitable—the peaceful transition back to freedom and democracy that is underway in Venezuela, led by the Venezuelan people, Interim President Juan Guaido, and the National Assembly.”  (Emphasis added.)

Another hint came directly from Secretary Pompeo on April 14 in a speech in Cucata, Colombia, when he said, “ “Cubans must understand too that there will be cost associated with continued support of Nicolas Maduro.”  (Emphasis added.)

Conclusion

Later the same day (April 17), U.S. National Security Advisor John Bolton in a speech in Miami addressed these new sanctions and other santi-Cuba measures that will be discussed in a subsequent post. Another post will review the responses to these new measures from the U.S., Cuba, Europe and Canada.

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

[1]  Baker, Trump to Increase Pressure on Cuba by Lifting Lawsuit Limits, N.Y. Times (April 16, 2019); Reuters, In Major Shift, Trump to Allow Lawsuits Against Foreign Firms, N.Y. Times (April 16, 2019); Assoc. Press, Trump to Allow Lawsuits Over US Properties Seized in Cuba, N.Y. Times (April 16, 2019); DeYoung, Trump administration will allow U.S. citizens to sue over property seized after 1959,  Wash. Post (April 16, 2019).

[2] State Dep’t, [Secretary Pompeo’s] Remarks to the Press (April 17, 2019); State Dep’t, Briefing With Assistant Secretary for Western Hemisphere Affairs, Kimberly Breier (April 17, 2019).

[3] NSPM refers to National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (June 16, 2017). See President Trump Announces Reversal of Some Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).

[4] See posts listed in the “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries—Topical: CUBA.

[5]  See Resolution of U.S. and Cuba Damage Claims, dwkcommentaries.com (April 6, 2015).

[6] White House, Remarks by Vice President Pence at a Special Session of the United Nations Security Council  on the Crisis in Venezuela/New York, NY (April 10, 2019); White House,  Proclamation on Pan American Day and Pan American Week (April 15, 2019); State Dep’t, The United States Takes Action To End Cuba’s Malign Influence on Venezuela (April 12, 2019).

 

Opening the U.N. Security Council’s Draperies Uncovers Forgotten History

This month Germany, serving as President of the United Nations Security Council, decided to open its curtains facing the East River of New York City. In so doing, Germany uncovered a forgotten piece of New York and U.N. history.

Opening the Curtains [1]

The German UN mission celebrated its month-long presidency with the symbolic step of calling for the heavy drapes covering the Council’s two-story high windows to be pulled aside to let the sunshine of a New York spring day flood into the Council chamber and on to its famous horseshoe-shaped table. Here is its photograph of the undraped chamber.

The mission’s purpose in so doing was expressed in its Twitter account. “Sunshine during today’s debate in the #UNSC–a rare occurrence throughout its 75-year history. #Transparency & openness to broader @UN membership & civil society are crucial not just symbolically, but also in practice for credibility & legitimacy.”

 The Previous Closing of the Curtains

The curtains had not been opened since their closing after a bazooka shell had been fired from the other side of the East River at the U.N. building on December 11, 1964, but had fallen 200 yards short of the target. A subsequent investigation concluded that if the bazooka had been properly aimed, it would have penetrated the building, especially if it had struck a window. Therefore, the curtains were drawn to protect diplomats and others in the Council’s chamber from flying shards of glass.

The Bazooka Attack on Che Guevara [2]

This bazooka attack happened while Cuba’s Che Guevara was addressing the U.N. General Assembly and while Cuban exiles in the U.S. were at the U.N. entrance on the west side of the building to protest the Cuban Revolution.

Although the blast was heard in the General Assembly, it did not interrupt Che’s speech denouncing the U.S. A subsequent post will discuss that speech.

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[1] Borger, Curtains opened on UN security council for first time since attack on Che Guevara, Guardian (April 4, 2019); German Mission to UN, Twitter Account (April 3, 2019).

[2] Bazooka Fired at U.N. as Cuban Speaks; Launched in Queens, Missile Explodes in East River, N.Y. Times (December 12, 1964).