Conferences About Continued U.S.-Cuba Cooperation on Various Issues 

This past week there have been two gatherings in Washington, D.C. focused on promoting U.S.-Cuba collaboration on various projects.

Environmental Sustainability and Historic Preservation[1]

 The first conference was on June 4, Advancing Environmental Sustainability and Historic Preservation in Cuba, that was organized by the Center for International Policy and the Ocean Doctor organizations. It explored opportunities for small-scale, collaborative initiatives to successfully advance environmental sustainability and historic preservation in Cuba and celebrated the release of the two organizations’ report, “A Century of Unsustainable Tourism in the Caribbean: Lessons Learned and Opportunities for Cuba.”

This gathering emphasized that Cuba has developed differently from any other country in the Caribbean. Many of its natural ecosystems remain remarkably healthy, and the country’s cultural heritage remains authentic and largely intact. The efforts to normalize relations between Cuba and the U.S. by President Obama fueled dramatic growth in tourism and interest in investment on the island, sparking concern that Cuba now faced the same scale of pressures that have resulted in environmental and heritage degradation throughout the Caribbean. With the advent of the Trump presidency and chilling of relations, some of these pressures have waned, but likely only temporarily.

One of the participants was Cuba’s Ambassador to the U.S., José Ramón Cabañas Rodríguez, who underscored the actions of cooperation that continue to develop today between various U.S. governmental agencies and organizations and their Cuban counterparts. He  also highlighted the validity of the bilateral instruments signed between Cuba and the United States during the Obama Administration.

Among the other speakers were Salih Booker, Executive Director, Center for International Policy; Dr. David E. Guggenheim, President of Ocean Doctor; Robert Muse, Lawyer specialized in Cuban affairs; Dr. Brain M. Boom, Vice President for Conservation Strategy at New York Botanic Garden; Norma Barbacci; plus preservation consultants.

 Agricultural Trade Relations Between the Two Countries[2]

On June 7  Engage Cuba, a bipartisan advocate for U.S.-Cuba normalization, and the Washington, D.C. office of the McDermott Will & Emery law firm, sponsored a conference,  “Fostering bilateral agricultural and economic capabilities.”

The roundtable was composed of Senator John Boozman (Rep., AR.) Rep. Rick Crawford (Rep., AR). Rep. Thomas Emmer (Rep., MN) and Rep. Roger Marshall (Rep., KS) with Cuban Ambassador to the United States, José Ramón Cabañas Rodríguez, and moderated by James Williams, President of Engage Cuba, a  bipartisan  advocate for U.S.-Cuba normalization.

The event emphasized the necessity to lift the economic, financial and trade embargo imposed on the Island for more than 55 years and to stress the importance of reversing the failed policy of the United States towards Cuba.

Senator Boozman recalled that nowadays American farmers face a situation in which almost all the prices for their products are low, and that there is a market in Cuba, which can be provided with American products, given the Island’s high import of commodities. However, he said, “American agricultural producers face significant commercial barriers to trade with Cuba. Lifting the ban on private banks and companies from offering credit for agricultural exports to Cuba will help level the playing field for our farmers while exposing Cubans to American values and ideals.”

“The U.S.-Cuba relationship is critical to our economy.” stated Congressman Emmer, the Chair of the bipartisan House Cuba Working Group, as he also reaffirmed his commitment to work for the lifting of the embargo and “to break through for a new chapter in our two nations’ history.” Rep. Emmer added, “The time to begin renewing our relationship with our neighbors just 90 miles of the Florida coast is now. With American farmers suffering some of the lowest commodity prices we have ever seen, Congress has an opportunity to take action and make real change. The Cuba Agricultural Exports Act, sponsored by Rep. Crawford, would lift financing restrictions imposed by the embargo on agriculture exports. The result would be relief for our farmers and a first step toward redefining the American-Cuban relationship. While my bill, the Cuba Trade Act, accomplishes the ultimate goal or lifting the embargo completely, passing Rep. Crawford’s bill can, and should, happen immediately,” He also pointed out how the failed U.S. policy towards the Island has had a negative impact on the Cuban and U.S. peoples.

Representative Crawford stated, “For years the United States has had an estranged relationship with Cuba and for years we’ve seen no reversal in the tactics used by Cuba’s oppressive government. Trade with Cuba is a vessel that will create change in Cuba and bring economic opportunity to American farmers. Most Americans agree that it’s time to lift the embargo on Cuba and Congress needs to meet that desire by working to pass my bill, H.R. 525 and others like it.”

Representative Marshall said, “With an open market to Cuba, Kansas could top $55 million in additional sales. While we are renegotiating our trade deals, we have a $2 billion market untouched right under our nose. It is time to throw support behind this mutually beneficial economic opportunity. It is through leadership in Congress, and discussions like this roundtable that we will begin to make these lasting changes.”

The Cuban Ambassador thanked the Senator and Congressmen for their leadership in this topic, highlighted that Cuba is an ideal market for American products and underscored the existing potential for agricultural and trade relations between both countries. He also recalled that Cuba and the United States signed two memoranda of understanding in the field of agriculture in 2016 and 2017, which are still valid.

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[1] Cuba Foreign Ministry, Experts debate about Cuba-US collaboration in topics such as environmental sustainability and historic preservation (June 6, 2018); Ocean Doctor, Advancing Environmental Sustainability and Historic Preservation in Cuba (June 4, 2018).

[2]  Cuba Foreign Ministry, U.S. Legislators advocate for trade relations with Cuba, Granma (June 8, 2018); Rep. Marshall: AR, MN, KS Lead Trade Talks with Cuba Ambassador (June 8, 2018).

 

U.S. Stupidity and Cowardice in Continuing to Designate Cuba as a “State Sponsor of Terrorism”

On April 30, 2014, the U.S. Department of State issued its annual report on terrorism in the world: Country Reports on Terrorism 2013. A prior post reviewed the report as a whole.

We now examine this report’s designation of Cuba as a “State Sponsor of Terrorism” [“SST”], i.e., as a country that has “repeatedly provided support for acts of international terrorism.” This post’s analysis is also informed by the U.S.’s similar designations of Cuba in the annual reports on terrorism for 1996 through 2012. Earlier posts analyzed and criticized the reports about Cuba for 2009, 2010, 2011 and 2012.

State Department’s Rationale

The following is the complete asserted justification for the Department’s designation of Cuba for 2013:

  • “Cuba was designated as a State Sponsor of Terrorism in 1982.
  • Cuba has long provided safe haven to members of Basque Fatherland and Liberty (ETA) and the Revolutionary Armed Forces of Colombia (FARC).  Reports continued to indicate that Cuba’s ties to ETA have become more distant, and that about eight of the two dozen ETA members in Cuba were relocated with the cooperation of the Spanish government.  Throughout 2013, the Government of Cuba supported and hosted negotiations between the FARC and the Government of Colombia aimed at brokering a peace agreement between the two.  The Government of Cuba has facilitated the travel of FARC representatives to Cuba to participate in these negotiations, in coordination with representatives of the Governments of Colombia, Venezuela, and Norway, as well as the Red Cross.
  • There was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups.
  •  The Cuban government continued to harbor fugitives wanted in the United States.  The Cuban government also provided support such as housing, food ration books, and medical care for these individuals.”

Rebuttal of State Department’s Rationale

On its face alone, this alleged justification proves the exact opposite: Cuba is not a state sponsor of terrorism. Nevertheless, a detailed rebuttal follows.

U.S. Admissions of the Weakness of Its Designation

First, the report itself admits, “There was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups.” This is consistent with past U.S. admissions that there was no evidence that Cuba had sponsored specific acts of terrorism (1996, 1997) and that there “was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups” (2011, 2012, 2013). Similar admissions were made in the U.S. reports for 2005, 2008, 2009 and 2010.

Second, earlier U.S. reports admitted that “Cuba no longer supports armed struggle in Latin America and other parts of the world” (1996, 1997, 1998, 2008, 2009) and that in 2001(after 9/11) Cuba “signed all 12 UN counterterrorism conventions as well as the Ibero-American declaration on terrorism” (2001, 2002, 2003).

Third, the latest report’s Western Hemisphere Overview says the FARC  “committed the majority of terrorist attacks in the . , . Hemisphere in 2013.” There is no mention of Cuba in this overview. The same was said in the report for 2012.

Fourth, there is no mention of Cuba in the latest report’s “Strategic Assessment” that puts all of its discussion into a worldwide context.

Fifth, the latest report makes no allegations against Cuba regarding money laundering and terrorist financing, which was one of the purported bases for the SST designation for 2012. Thus, the U.S. apparently has recognized the weakness of such charges were evident to all, as discussed in this blogger’s post about the prior report and a related post about Cuba’s adoption of regulations on these financial topics.

All of this rebuttal so far is based only on what the State Department has said about this designation since 1996.

In addition, the Cuban government has taken the following actions that strengthen the rebuttal of the designation and that, to my knowledge, the U.S. has not disputed:

  • Cuba publicly has stated that Its “territory has never been and never will be utilized to harbor terrorists of any origin, nor for the organization, financing or perpetration of acts of terrorism against any country in the world, including the [U.S.]. . . . The Cuban government unequivocally rejects and condemns any act of terrorism, anywhere, under any circumstances and whatever the alleged motivation might be.”
  • In 2002, the government of Cuba proposed to the U.S. adoption of a bilateral agreement to confront terrorism, an offer which it reiterated in 2012, without having received any response from the U.S.
  • Cuban President Raul Castro on July 26, 2012 (the 59th anniversary of the Cuban Revolution) reiterated his country’s willingness to engage in negotiations with the U.S. as equals. He said no topic was off limits, including U.S. concerns about democracy, freedom of the press and human rights in Cuba so as long as the U.S. was prepared to hear Cuba’s own complaints. In response the U.S. repeated its prior position: before there could be meaningful talks, Cuba had to institute democratic reforms, respect human rights and release Alan Gross, an American detained in Cuba.

But let us go further.

Cuba As an Alleged Safe Haven for Terrorists

The only remaining asserted basis for the “SST” designation is Cuba’s alleged providing safe haven to individuals with two U.S.-designated Foreign Terrorist Organizations—ETA (an armed Basque nationalist and separatist group in Spain) and FARC (an armed Colombian rebel group)—and to certain fugitives from U.S. criminal proceedings.

Analysis shows that these charges do not support the SST designation.

            a. ETA

Prior U.S. reports say there were only 20 to 24 ETA members in Cuba, and the latest report says “Cuba’s ties to ETA have become more distant, and . . . about eight of the two dozen ETA members in Cuba were relocated with the cooperation of the Spanish government.” Thus, there are only 12 to 16 ETA members remaining in Cuba, and by now they must be older people who have not participated in any terrorist activities in Spain for many years. They are “side-line sitters.”

Moreover, the 2011 and 2012 U.S. reports state that Cuba is “trying to distance itself” from the ETA members on the island and was not providing certain services to them.

Earlier U.S. reports also reflect the limited nature of the charges regarding ETA. Of the 20 to 24 members previously on the island, the U.S. said, some may be in Cuba in connection with peace negotiations with Spain (2009). In May 2003, the U.s. reported, Cuba publicly asserted that the “presence of ETA members in Cuba arose from a request for assistance by Spain and Panama and that the issue is a bilateral matter between Cuba and Spain” (2003). In March 2010, a U.S. report stated, Cuba had “allowed Spanish Police to travel to Cuba to confirm the presence of suspected ETA members” (2010).

Moreover, in March 2011 the Spanish Ambassador to Cuba told former U.S. President Jimmy Carter that Spain was “not concerned about the presence of members of . . . ETA . . . in Cuba.” Indeed, the Spanish Ambassador maintained that this enhances his country’s ability to deal more effectively with ETA. In fact, the Ambassador added, some ETA members are there at the request of the Spanish government.

At least the last three U.S. reports say that Cuba is providing “safe haven” to the ETA members, but their separate chapters on the legitimate international problem of terrorist safe havens have no mention whatsoever of Cuba.

It also should be noted that there has been some movement towards an understanding to resolve the ETA challenges to the Spanish government. In September 2011 an international verification commission was established to help broker such a resolution, and the next month ETA announced a unilateral cease-fire. More recently, February 2014, that commission announced its corroboration of a partial disablement of ETA weapons. The Spanish government, on the other hand, publicly has refused to negotiate and instead has insisted that ETA admit defeat and surrender unconditionally. In addition, the government still enforces a criminal law against publicly glorifying terrorists or their actions  with April 28th arrests of 21 Spaniards for praising terrorist groups such as ETA and radical Islamists, for encouraging further attacks, and for making fun of victims on social networking sites.

In the meantime, Spain as a member of the European Union is participating in negotiations between the EU and Cuba to establish a Political Dialogue and Cooperation Agreement without any mention of ETA members being on the island. Recently the parties completed the first round of those negotiations with an understanding that the final agreement will have these four components: political dialogue and governance; cooperation and sectoral policies; the economy and trade; and management of the bilateral relationship. The subject of human rights will remain an issue in the chapter on the Political dialogue and governance.

In summary, I submit, any objective analysis shows that Cuba’s limited connection with a small number of ETA members is no legitimate reason for the U.S. SST designation.

            b. FARC

Most of the reasons for the speciousness of the charges regarding ETA also apply to the charges regarding the Colombian group, FARC.

In addition, the 2008 U.S. report said in July of that year “former Cuban President Fidel Castro called on the FARC to release the hostages they were holding without preconditions. He has also condemned the FARC’s mistreatment of captives and of their abduction of civilian politicians who had no role in the armed conflict.”

There is no indication in the State Department’s reports of the number of FARC members allegedly in Cuba, but for 2009 the U.S. reported that some may be on the island in connection with peace negotiations with Colombia (2009 report).

Moreover, in March 2011 the Colombian Ambassador to Cuba told former U.S. President Jimmy Carter that Colombia was “not concerned about the presence of members of FARC . . . in Cuba.” Indeed, the Ambassador maintained that this enhances their ability to deal more effectively with FARC.

Cuba’s limited connections with the FARC resulted in a September 2012 statement by Cuba’s Ministry of Foreign Relations about the then recently-announced peace talks between Colombia’s government and the FARC. It stated that Cuba “has a historical commitment to peace in Colombia and efforts to put an end to [her] . . . political, social and military conflicts.” To that end, the Cuban Government “has made constructive efforts to . . . search for a negotiated solution, always responding to a request from the parties involved and without the slightest influence in their respective positions.” The statement continued. For over a year, at the express request of the Government of Colombia and the FARC, “the Cuban government supported the . . . exploratory talks leading to a peace process,” and as a “guarantor” Cuba participated in these talks. “The Cuban government will continue to . . . [provide its] good offices in favor of this effort, to the extent that the Government of Colombia and the FARC . . . so request.” The Government of Colombia publicly stated its gratitude for Cuban facilitation of such negotiations.

As a result, the last two U.S. reports admit that Cuba has “supported and hosted negotiations between the FARC and the Government of Colombia aimed at brokering a peace agreement between the two sides.” In addition, Colombia’s president has said that support for such negotiations by Cuba and Venezuela has been crucial in helping the two sides to reach agreement on conducting the negotiations.

In May 2013, the two sides announced an agreement to distribute land to small farmers and undertake development projects that would improve rural education and infrastructure that will not take effect until a final peace agreement is reached.

In short, Cuban involvement with some FARC members is not a legitimate basis for the U.S. designation of Cuba as a SST .

            c. U.S. fugitives

There apparently were or are over 70 individuals living in Cuba who are fugitives from criminal charges in U.S. relating to violent acts in the 1970’s purportedly committed to advance political causes, but, as the U.S. has admitted, since at least 2005 Cuba has not admitted any additional U.S. fugitives. In addition, the U.S. also had admitted that in a few instances Cuba has extradited such fugitives to the U.S. (2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009).

One of the U.S. fugitives, William Potts, this year voluntarily returned to the U.S. after serving a 15-year Cuban sentence for the 1984 hijacking of a Piedmont Airlines passenger plane with 56 people aboard in the U.S. and forcing it to go to Cuba. On May 1, 2014, Potts appeared in a U.S. federal court and pled guilty to kidnapping (with a possible life sentence); under a plea agreement, the government dropped an air piracy charge (with a mandatory minimum sentence of 20 years). Potts is asking the court to give him credit for the 15 years he already served in a Cuba prison on the same charge. Sentencing is scheduled for July 11th.

None of the other U.S. fugitives apparently is affiliated with any U.S.-designated terrorist organizations. The issue of whether or not they will be extradited to the U.S. is an appropriate issue for bilateral negotiations between the two countries.

In any event, the presence in Cuba of some fugitives from U.S. criminal charges is not a legitimate basis for the U.S. designating Cuba as a SST.

Conclusion

The U.S. designation of Cuba as a “State Sponsor of Terrorism” is absurd. This conclusion is shared, in less colorful language, at least by the U.S. Central Intelligence Agency, former President Jimmy Carter, the U.S. Council on Foreign Relations, the Center for Democracy in the Americas, the Center for International Policy, the Latin American Working Group, The Atlantic Magazine’s noted national correspondent (Jeffrey Goldberg) and a retired U.S. Army Brigadier General (John Adams).

Not surprisingly the Cuban government comes to the same conclusion. In response to the latest designation, it stated,” Cuba’s Foreign Ministry “energetically rejects the manipulation of a matter as sensitive as international terrorism by turning it into an instrument of policy against Cuba and it demands that our country be definitively excluded from this spurious, unilateral and arbitrary list.” Last year, it said “the only reason Cuba is kept on this list is . . . an attempt to justify the U.S. blockade of our country, as well as the adoption of new measures to limit our financial and commercial transactions, to strangle the Cuban economy and impose a regime which responds to U.S. interests.”

The U.S. itself also has damned the designation by faint praise. In a press briefing about the most recent terrorism report, a journalist pointed out some of the weaknesses of the stated rationale and asked when the U.S. would cancel the designation. The State Department spokesperson refused to speak directly about the purported rationale for the Cuban SST designation. Instead the spokesperson said, “there’s not a routine process by which you re-evaluate the state sponsors. . . . [and the annual terrorism reports just list those on the SST list. It is not]as if every year we look at those and re-evaluate them in some way based on the report.” [1] She added she knew of no plans to remove the SST designation for Cuba.

Whatever legitimate issues are raised by these U.S. reports, I submit, they are appropriate subjects, among many, for the bilateral negotiations that a prior post recommended should occur between the U.S. and Cuba to the end of reconciliation and restoration of normal relations.

In the meantime, this SST designation is ridiculous, absurd, stupid. It can only continue, in this outsider’s opinion, because of the Administration’s political cowardice in facing resistance to an elimination of this designation, especially from influential Cuban-Americans in Congress, especially Democratic Senator Robert Menendez, Chairman of the Senate Foreign Relations Committee,[2] and Republican Rep. Ros-Lehtinen, member of the House Foreign Affairs Committee.[3]

All U.S. citizens should protest this SST designation to President Obama, Secretary of State Kerry, Senator Menendez (and your own Senators), Representative Ros-Lehtinen (and your own Representative).

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[1] The State Department also posted this statement on its website. “While there are no statutory triggers for review of a State Sponsor of Terrorism designation, the State Department can review such designations at its discretion. With respect to criteria for rescission, there are two possible pathways to rescission of a State Sponsor of Terrorism designation, in accordance with the relevant statutory criteria. The first path requires the President to submit a report to Congress, before the proposed rescission would take effect, certifying that: (1) there has been a fundamental change in the leadership and policies of the government of the country concerned; (2) the government is not supporting acts of international terrorism; and (3) the government has provided assurances that it will not support acts of international terrorism in the future.The second path requires the President to submit a report to Congress, at least 45 days before the proposed rescission would take effect, justifying the rescission and certifying that: (1) the government concerned has not provided any support for international terrorism during the preceding six month period, and (2) the government concerned has provided assurances that it will not support acts of international terrorism in the future.

[2] In April 2014, Senator Menendez made a speech on the Senate floor endorsed Cuba’s SST designation while castigating Cuba on all sorts of issues.

[3] Responding to the latest designation, Rep. Ileana Ros-Lehtinen (R., Fla.), said Cuba “continues to pose a national security threat to the United States.” She added that recently “the Castro regime has been responsible for training the ‘colectivos’ in Venezuela that violate human rights and murder innocent civilians and Cuba was caught trying to ship military equipment to North Korea in violation of many United Nations Security Council resolutions [and the] tyranny in Havana is also guilty of harboring terrorists, providing safe haven for American fugitives, and building a sophisticated spy network that seeks to undermine our national security interests at every turn.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yet Another Ridiculous U.S. Designation of Cuba as a “State Sponsor of Terrorism”

On July 31, 2012, the U.S. Department of State issued its annual report on terrorism in the world: Country Reports on Terrorism 2011. A prior post reviewed the report as a whole.

U.S. Flag
Cuba Flag

We now examine this report‘s designation of Cuba as a “State Sponsor of Terrorism,” i.e., as a country that has “repeatedly provided support for acts of international terrorism.” This post’s analysis is also informed by the previous U.S. reports on terrorism for 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010.[1] Earlier posts analyzed and criticized the reports for 2009 and 2010.

Preliminarily I note that the latest report says that 480 of the 10,283 terrorist attacks in 2011 occurred in the Western Hemisphere and that “the vast majority of . . . [these] were ascribed to the Revolutionary Armed Forces of Colombia (FARC).” There is no mention of Cuba in this statistical summary.

Nor is there any mention of Cuba in the latest report’s “Strategic Assessment” that puts all of its discussion into a worldwide context. Instead this section of the report highlights the death of Osama bin Laden and other top leaders of al-Qa’ida as putting its “network on a path of decline that will be difficult to reverse.” Others specifically mentioned in this Assessment were Iran, terrorists groups in South-Asia, the Kurdistan Workers Party in Turkey, anarchists in Greece and Italy, dissident Republican groups in Northern Ireland and Anders Behring Breivik (the Norwegian right-wing extremist who killed 77 people last July).

Cuba As an Alleged Safe Haven for Terrorists 

The first stated basis for designating Cuba as a “State Sponsor of Terrorism” is its allegedly providing safe havens to individuals associated with two U.S.-designated Terrorist Organizations–Spain’s Basque Fatherland and Liberty (ETA) and the Revolutionary Armed Forces of Colombia (FARC)–and to certain fugitives from U.S. criminal proceedings. Here are direct quotations of the report on these points:

  • “Current and former members of . . . ETA continue to reside in Cuba. Three suspected ETA members were arrested in Venezuela and deported back to Cuba in September 2011 after sailing from Cuba. One of them, Jose Ignacio Echarte, is a fugitive from Spanish law and was also believed to have ties” to the FARC.
  • “Press reporting indicated that the Cuban government provided medical care and political assistance to the FARC.”
  • “The Cuban government continued to permit fugitives wanted in the United States to reside in Cuba and also provided support such as housing, food ration books, and medical care for these individuals.”

Before we examine some details about these charges, it must be said that the speciousness of this charge about ETA and FARC is shown by the latest U.S. terrorism report itself. It has a separate chapter on the legitimate international problem of terrorist safe havens as “ungoverned, under-governed, or ill-governed physical areas where terrorists are able to organize, plan, raise funds, communicate, recruit, train, transit, and operate in relative security because of inadequate governance capacity, political will, or both.” The report then identifies such havens in different parts of the world. For the Western Hemisphere, it discusses Colombia, Venezuela and the Tri-Border Area (where Argentina, Brazil and Paraguay come together). But there is no mention whatsoever of Cuba.

Earlier U.S. reports provide another reason for discounting these charges. They admit that “Cuba no longer supports armed struggle in Latin America and other parts of the world” (1996, 1997, 1998, 2008, 2009 reports) and that there was no evidence that Cuba had sponsored specific acts of terrorism (1996, 1997 reports). They also report that in 2001(after 9/11) Cuba “signed all 12 UN counterterrorism conventions as well as the Ibero-American declaration on terrorism” (2001, 2002, 2003 reports).

Let us now examine details about each of these specific assertions about alleged safe haven which have been made by the U.S. since at least 1996.

1. ETA

The weakness of the U.S. charge regarding ETA implicitly is admitted by the latest report itself when it states there “was no indication that the Cuban government provided weapons or paramilitary training for” ETA.  Similar admissions were made in the U.S. reports for 2005 (“no information concerning terrorist activities of [ETA] on Cuban territory”); 2008 (“no evidence of . . . terrorist financing activities”); 2009 (“no evidence of direct financial support”); 2010 (“no evidence of direct financial or ongoing material support”).

In addition, the latest U.S. report adds that there is evidence”[suggesting ] that the Cuban government [in 2011] was trying to distance itself from ETA members living on the island by employing tactics such as not providing services including travel documents to some of them.”

Earlier U.S. reports also reflect the limited nature of this charge. There allegedly were only 20 ETA members living in Cuba (2001 report), some of whom may be there in connection with peace negotiations with Spain (2009 report). In May 2003, Cuba publicly asserted that the “presence of ETA members in Cuba arose from a request for assistance by Spain and Panama and that the issue is a bilateral matter between Cuba and Spain” (2003 report). In March 2010 Cuba “allowed Spanish Police to travel to Cuba to confirm the presence of suspected ETA members” (2010 report).

Moreover, in March 2011 the Spanish Ambassador to Cuba told former U.S. President Jimmy Carter that Spain was “not concerned about the presence of members of . . .  ETA . . . in Cuba.” Indeed, the Ambassador maintained that this enhances his country’s ability to deal more effectively with ETA.  In fact, the Ambassador added, some ETA members are there at the request of the Spanish government.

2. FARC

Again the new U.S. report implicitly admits the weakness of its FARC allegations by the report’s stating there “was no indication that the Cuban government provided weapons or paramilitary training for” FARC.  Similar admissions were made in the U.S. reports for 2005 (“no information concerning terrorist activities of [FARC] on Cuban territory”); 2008 (“no evidence of . . . terrorist financing activities”); 2009 (“no evidence of direct financial support”); 2010 (“no evidence of direct financial or ongoing material support”).

In addition, the 2008 report said in July of that year “former Cuban President Fidel Castro called on the FARC to release the hostages they were holding without preconditions. He has also condemned the FARC’s mistreatment of captives and of their abduction of civilian politicians who had no role in the armed conflict.”

There is no indication in the reports of the number of FARC members allegedly in Cuba, but some may be there in connection with peace negotiations with Colombia (2009 report).

Moreover, in March 2011 the Colombian Ambassador to Cuba told former U.S. President Jimmy Carter that Colombia was “not concerned about the presence of members of FARC . . . in Cuba.” Indeed, the Ambassador maintained that this enhances their ability to deal more effectively with FARC.

3. U.S. fugitives

There apparently were or are over 70 individuals living in Cuba who are fugitives from criminal charges in U.S. relating to violent acts in the 1970’s purportedly committed to advance political causes, but pursuant to a 2005 Cuban government statement, no additional U.S. fugitives have been permitted on the island. In a few instances Cuba has extradited such fugitives to the U.S. (2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009 reports).

None of these fugitives apparently is affiliated with U.S.-designated terrorist organizations. The issue of whether or not they will be extradited to the U.S. is an appropriate issue for bilateral negotiations between the two countries. But, in my opinion, it is not a legitimate basis for designating Cuba as a “State Sponsor of Terrorism.”

Cuba’s Alleged Financial System Deficiencies

The other asserted ground in the latest U.S. report for the designation of Cuba as a “State Sponsor of Terrorism” is new.

This other ground is Cuba’s having been identified by the Financial Action Task Force (FATF) as “having strategic AML/CFT [Anti-Money Laundering/Combating the Financing of Terrorism] deficiencies.  Despite sustained and consistent overtures, Cuba has refused to substantively engage directly with the FATF.  It has not committed to FATF standards and it is not a member of a FATF-style regional body.”

According to its website, FATF “is an inter-governmental body established in 1989 by the Ministers of its Member jurisdictions. [Its] . . . objectives . . .  are to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system. The FATF is therefore a ‘policy-making body’ which works to generate the necessary political will to bring about national legislative and regulatory reforms in these areas.” Thus, it apparently is a voluntary international organization, not one established by a multilateral treaty.

FATF currently has 34 member jurisdictions (or only about 18% of the U.N. member states) plus 2 regional organizations (the European Council and the Gulf Co-Operation Council) representing most major financial centers in all parts of the globe.

Starting in 1990,”FATF has developed a series of Recommendations that [it claims] are now recognised as the international standard for combating of money laundering and the financing of terrorism and proliferation of weapons of mass destruction. They form the basis for a co-ordinated response to these threats to the integrity of the financial system and help ensure a level playing field. First issued in 1990, the FATF Recommendations were revised in 1996, 2001 [additional measures regarding terrorist financing], 2003 and 2012 to ensure that they remain up to date and relevant, and they are intended to be of universal application.”

To this end, FATF promotes the global adoption and implementation of the FATF Recommendations.

In June 2012 FATF issued a Public Statement that identified Iran and the Democratic Republic of Korea [North Korea] as jurisdictions “subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from [these] . . . jurisdictions.”

The June 2012 Statement also listed 18 other countries, including Cuba, as jurisdictions “with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction.”

The latest U.S. terrorism report made an important concession on this point by noting that in 2011 Cuba “did attend a [FATF] meeting on Money Laundering in South America meeting as a guest and prepared an informal document describing its anti-money laundering/counterterrorist financing system.” But this U.S. concession did not go far enough, for the June 2012 FATF Statement said, “Since February 2012 Cuba has officially engaged with the FATF and has also attended [the meetings of the relevant regional organizations] CFATF [Caribbean Financial Action Task Force] and GAFISUD [Financial Action Task Force on Money Laundering in Latin America] . . . . The FATF urges Cuba to continue its engagement with the FATF, and to work with the FATF to develop and agree on an action plan in order to implement an AML/CFT regime in line with international standards.”

I assume that the issues being addressed by the FATF are important ones for the international community and that its Recommendations are reasonable ones to address the real problems of money laundering and financing of terrorism. I also assume that the Cuban financial system is not as sophisticated as those in the U.S. and other international money centers and that it along with at least 17 other countries that are not “State Sponsors of Terrorism” is not in compliance with the FATF Recommendations.

But these facts, in my opinion, do not support designating Cuba as a “State Sponsor of Terrorism.” If it were, then the 17 other countries on the two FATF lists should be added to the U.S. list of “State Sponsors of Terrorism.” (Of the 20 countries on the two FATF lists, only Iran, Syria and Cuba are now U.S.-designated “State Sponsors.”)

Moreover, as noted above, the U.S. terrorism reports have indicated there was no evidence of Cuban financing of terrorism in the covered years. In addition, some of the reports reference Cuban laws permitting the tracking, blocking, or seizing terrorist assets (Cuba’s Law 93 Against Acts of Terrorism and Instruction 19 of the Superintendent of the Cuban Central Bank) (2005, 2006, 2007, 2008 reports). In addition, in its response to this latest U.S. report, Cuba has asserted that it “regularly provides precise, truthful information to the appropriate United Nations bodies charged with addressing these issues and others related to confronting terrorism.”

The whole FATF issue raised in the U.S. terrorism report, in my opinion, is a “red herring.”

Conclusion

In summary, the U.S. designation of Cuba as a “State Sponsor of Terrorism” is ridiculous. This conclusion is shared, in less colorful language, at least by the U.S. Central Intelligence Agency; the U.S. Council on Foreign Relations; the Center for International Policy; the Latin American Working Group; the Center for Democracy in the Americas; The Atlantic magazine’s national correspondent (Jeffrey Goldberg) and a retired U.S. Army Brigadier General (John Adams).

Not surprisingly the Cuban government comes to the same conclusion. It says “the only reason Cuba is kept on this list is exposed as an attempt to justify the U.S. blockade of our country, as well as the adoption of new measures to limit our financial and commercial transactions, to strangle the Cuban economy and impose a regime which responds to U.S. interests.”

Whatever legitimate issues are raised by these U.S. reports, I submit, are appropriate subjects, among many, for the bilateral negotiations that a prior post recommended should occur between the U.S. and Cuba to the end of reconciliation and restoration of normal relations. As Cuba pointed out after this U.S. report was released, Cuba repeatedly has proposed that the two countries “agree upon a bilateral program to confront terrorism,” but the U.S. government has not responded.

More generally, Cuban President Raul Castro on July 26, 2012 (the 59th anniversary of the Cuban Revolution) reiterated his country’s willingness to engage in negotiations with the U.S. as equals. He said no topic was off limits, including U.S. concerns about democracy, freedom of the press and human rights in Cuba so as long as the U.S. was prepared to hear Cuba’s own complaints. In response the U.S. repeated its prior position: before there could be meaningful talks, Cuba had to institute democratic reforms, respect human rights and release Alan Gross, an American detained in Cuba.

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[1] Cuba has been so designated since March 1982.The U.S. terrorism reports listed above are those that are accessible on the U.S. State Department’s website. I would appreciate detailed comments from anyone with knowledge about the reports for 1982-1995 although they are less relevant due to the passage of time.