U.S. State Department’s Recent Actions on U.S. Policies Regarding Cuba

In two press interviews on January 23, Secretary of State Michael Pompeo addressed questions about Cuba.  Earlier in the month an unnamed “Senior Department Official” also had comments about Cuba and two days later the Administration announced new sanctions. Here is a summary of those developments.

Pompeo’s Interview by El Nuevo Herald/Miami Herald [1]

A reporter for el Nuevo  Herald and the Miami Herald asked, “Is the U.S. considering further sanctions against the Cuban Government?  And if so, how can you assure that those measures won’t hurt Cuban families already affected by some restrictions on visa and air traveling?”

Pompeo responded, “It’s always something that we consider very carefully.  We love the Cuban people.  We wish them enormous success.  Indeed, we expend a lot of energy and time to try and help them have that success.  At the same time, the policies of the previous administration were putting lots of money in the pockets of the regime.  The very leaders, the very dictators, the very communists that have repressed the Cuban people for so many decades now were being bolstered and supported by some of the commercial activity that’s taking place.”

“So our mission set has been to do our best not to harm the Cuban people – indeed, just the opposite of that: to create space where there’ll be an opportunity for democracy and freedom and the economy inside of Cuba to flourish while not lining the pockets of the corrupt leadership there.”

Pompeo Interview by WIOD-AM Miami[2]

The radio host, Jimmy Cafalo, asked, “How . . .[do American values] apply to our part of the world here in south Florida, when we are concerned about Venezuela or concerned about Cuba?”

Secretary Pompeo answered, “So President Trump’s been very realistic about how our foreign policy ought to be conducted.  He’s not about nation-building; he’s about protecting the American people.  When we stare at this problem set . . .with these communist regimes in Cuba, in Nicaragua, in Venezuela, America has always been committed to trying to help those people establish democracies to stamp out communism.  We continue that effort.  It’s good for the region, it’s good for the people of those countries, and it’s important to the citizens of south Florida and people all across the United States.”

Another question from Senor Cafalo, “Do you believe we should move closer to Cuba?  I mean, it seems it’s a vacillating element.  With the previous administration, we were moving much closer, and people with families there were going over and back and forth and trading a lot of things.  And now that seems to have just all but shut down.  What’s your take on Cuba?”

The Secretary’s response: “President Trump doesn’t want to see trade taking place with Cuba that is benefiting the regime, benefiting these oppressive communist dictators who are treating their own people so horribly, so terribly.  So our mission set has been to do all that we can to support the people of Cuba, while making sure that money, dollars, trade, all the things that prop up this military, this junta, this set of dictators that have done so much harm to the people of Cuba – you know them so well, they live – so many live in this region.  Our mission set has been to create the conditions where the Cuban people can have the opportunity to throw off the yoke of communism.”

Previous “Senior Department Official” Statement[3]

On January 8, an unnamed “Senior State Department Official” at a Special Briefing at the Department on “2019 Successes in the Western Hemisphere Region,” said the following about Cuba:

  • “The United States will cut off Cuba’s remaining sources of revenue in response to its intervention in Venezuela. We’ve already eliminated visits to Cuba via passenger and recreational vehicles. We suspended U.S. air carriers’ authority to operate scheduled air service between the U.S. and all Cuban airports other than Havana. This will further restrict the Cuban regime from using resources to support its repression of the people of Cuba. Countries in the region have also taken action regarding the Cuban Government’s program which traffics thousands of Cuban doctors around the world in order to enrich the regime. Brazil insisted on paying the doctors directly at a fair wage. The Cuban regime in response withdrew the doctors from Brazil. Doctors have also now left Ecuador and Bolivia.”

In response to a journalist’s question about whether the U.S. was planning to close the U.S. Embassy in Havana and to cease all diplomatic relations with Cuba, the Official said the following, ”[As] long as the Cubans keep doing what they’re doing, especially in Venezuela – I mean, we’ve had problems with what they do in Cuba forever, but they’re . . . intervening in another country now. We’ve been pretty clear with them that the pressure on them is going to continue to rise. And we haven’t ruled in or out any specific [actions] I [previously] mentioned some of the measures we’ve already taken; there will be more.”

U.S. Additional Restrictions on U.S. Air Travel to Cuba[4]

Only two days after the Senior Official’s Special Briefing, Secretary Pompeo issued a Press Statement announcing that at his request, “the U.S. Department of Transportation (DOT) suspended until further notice all public charter flights between the United States and Cuban destinations other than Havana’s José Martí International Airport.  Nine Cuban airports currently receiving U.S. public charter flights will be affected.  Public charter flight operators will have a 60-day wind-down period to discontinue all affected flights.  Also, at my request, DOT will impose an appropriate cap on the number of permitted public charter flights to José Martí International Airport.  DOT will issue an order in the near future proposing procedures for implementing the cap.”

U.S. Embassy in Havana said, “Today’s action will prevent the Cuban regime from benefiVenezuelating from expanded charter service in the wake of the October 25, 2019, action suspending scheduled commercial air service to Cuba’s airports other than Havana.  Today’s action will further restrict the Cuban regime’s ability to obtain revenue, which it uses to finance its ongoing repression of the Cuban people and its unconscionable support for dictator Nicolas Maduro in Venezuela.  In suspending public charter flights to these nine Cuban airports, the United States further impedes the Cuban regime from gaining access to hard currency from U.S. travelers.”

Cuban Foreign Minister Bruno Rodriguez and other Cuban officials blasted the move, calling it a violation of human rights that would hinder family reunification. As put by his colleague, the foreign ministry’s General Director for U.S. Affairs Carlos Fernandez de Cossio tweeted, this new measure by the U.S. would punish Cubans “on both sides of the Florida Strait.” It also validated the previous prediction by Cuba President Miguel Diaz-Canel, when he said there “is a turn of the screw every seven days to suffocate our economy.” And Cuba’s Ambassador in Washington, D.C. said the new limitation was imposed to “limit the amount of people that see CUBAN reality by themselves.”

A U.S. voice also criticized this move. Engage Cuba, a nonprofit coalition of private companies and organizations advocating for the end of the U.S. embargo, stated in a tweet, “Just tragic. This is heartbreakingly cruel. Cuban families now cannot travel to see their loved ones.”

Conclusion

All of this is “old news” of the Trump Administration’s repeated desires to increase sanctions against Cuba supposedly to induce Cuba to change many of its policies. Needless to say, that premise is unfounded. Instead, these U.S. measures make life harder for Cubans on the island as well as Cuban-Americans with relatives back home on the island. These U.S. measures also harm the emerging private sector on the island, which presumably should be encouraged by a Republican administration. (In contrast, the Obama Administration from December 2014 until its last days in January 2017, engaged in respectful discussions and negotiations over many issues that had accumulated over the prior 50-plus years and sought to encourage the Cuban private sector. That is the legitimate way to seek to resolve these matters.) [5]

Of special note is the U.S. campaign against Cuba’s foreign medical mission program. Recently Cuba filed a statement with the U.N. Human Rights Council in Geneva, Switzerland that asserted the program was “committed to the principles of altruism, humanism, and international solidarity, which have guided it for more than 55 years” and that allegations that doctors are forced to participate are “absolutely false. It’s unacceptable to mix Cuba’s medical collaboration with the horrid crime of human trafficking, modern slavery or forced labor.” [6]

It also should be mentioned that this blog repeatedly has denounced the specious rationale for the Trump Administration’s hostility towards Cuba’s foreign medical mission program, especially the allegation that it is engaged in illegal forced labor.[7]  However, recent allegations that some of the individuals on these missions were not health professionals, but instead were engaged in political activities, and that some Cuban doctors were forced to create false patient records are more troublesome. Cuba denies these allegations, but no independent investigation and analysis of these claims has been found by this blogger. [8]

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[1] State Dep’t, Secretary Michael R. Pompeo With Nora Gomez Torres of El Nuevo Herald and Miami Herald (Jan. 23, 2020).

[2] State Dep’t, Secretary Michael R. Pompeo With Jimmy Cefalo of South Florida’s First News, WIOD-AM Miami (Jan. 23, 2020).

[3] State Dep’t, Senior State Department Official On State Department 2019 Successes in the Western Hemisphere Region (Jan. 8, 2020).

[4] State Dep’t, United States Further Restricts Air Travel to Cuba (Jan. 10, 2020); Reuters, U.S. Seeks to Squeeze Cuba by Further Curbing Flights to Island, N.Y. Times (Jan. 10, 2020); Finnegan, U.S. further restricts air travel to Cuba to increase pressure, abcNews (Jan. 10, 2020).

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

[6] Krygien, The U.S. is pushing Latin American allies to send their Cuban doctors packing—and some have, Wash. Post (Jan. 21, 2020).

[7] Here are just two of the posts criticizing the Trump Administration’s campaign against Cuba’s medical mission program:U.S. Unjustified Campaign Against Cuba’s Foreign Medical Mission Program (Sept. 4, 2019); More U.S. Actions Against Cuba (Sept. 30, 2019).

[8] E.g., 80% of what Bolivia paid to Havana for doctors was going to ‘finance castrocomunismo,’ Diario de Cuba (Jan. 22, 2020); Gamez Torres, Bolivia severs relations with Cuba over dispute about controversial medical program, Miami Herlad (Jan. 24, 2020).

U.N. General Assembly Again Condemns U.S. Embargo of Cuba

On November 6 and 7, 2019, the U.N. General Assembly debated and adopted Cuba’s annual resolution condemning the U.S. embargo (blockade) of Cuba, 187 to 3 (U.S., Brazil, Israel) with two abstentions (Columbia and Ukraine).[1]

Secretary-General’s Report [2]

Prior to the debate, the U.N. Secretary-General submitted a 167-page Report containing replies from 158 Governments, 33  U.N. organs and agencies and 1 observer.

Cuba’s 36-page Reply, dated July 16, 2019, covering the period April 2018 to March 2019, had the following sections: I. Continuity and tightening of the embargo policy. II. The embargo violates the rights of the Cuban people. III, Impact on the external sector of the Cuban economy. IV. The embargo violates international law. Extraterritorial application. V. Universal rejection of the embargo. Conclusions.

The Resolution [3]

The operative portions of the Resolution stated the following:

  • “2. Reiterates its call upon all States to refrain from promulgating and applying laws and measures of the kind referred to in the preamble to the present resolution, in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation;”
  • “3. Once again urges States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime.”

 The Debate Over the Resolution[4]

“Through the terms of the text, the Assembly reiterated its call upon all States to refrain from promulgating and applying laws and measures of the kind referred to in the text’s preamble, in conformity with their obligations under international law and the Charter of the United Nations, which reaffirm the freedom of trade and navigation.  The Assembly also urged States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime.”

Cuba’s Minister for Foreign Affairs, Bruno Eduardo Rodríguez Parrilla, said that in the last few months, President Donald Trump’s Administration has begun escalating its aggression against Cuba through non‑conventional measures to prevent the arrival of fuel shipments to the island country through sanctions and threats against vessels as well as shipping and insurance companies.”

The Cuba Foreign Minister added that in April “the United States announced it would allow lawsuits to be filed before United States courts against Cuban and foreign entities under Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (Helms‑Burton Act). The blockade has caused incalculable humanitarian damages and qualifies as an act of genocide under 1948 Convention on the Prevention and Punishment of the Crime of Genocide.”

“For almost six decades, Cuba has been victim to the most unjust, severe and longest‑lasting system of sanctions ever applied against any country,” Mr. Rodriquez said, noting that the accumulated damages as a result of the blockade amount to more than $138.8 billion at current value.”

“The persecution of Cuba’s banking relations with the rest of the world continues,” Rodriguez said. “Remittances sent to Cuban citizens have been further restricted and the granting of visas further reduced.  The United States Government is set on sabotaging Cuba’s international cooperation in healthcare as well.  Cubans have no access to Government or private credit and are required to pay in cash for merchandise upon its arrival in port.”

Also speaking in favor of the Cuba resolution were representatives of 40 U.N. members.

Opposition, or course, came from the U.S. Ambassador to the U.N., Kelly Craft, who said that the U.S. has a sovereign right to choose which countries with which to trade.  ‘So it is worrying that the international community, in the name of protecting sovereignty, continues to challenge this right,” she said.  “The Assembly continues to entertain the claim, made explicitly and implicitly during the last 24 hours, that the Cuban regime has no other choice than to abuse its own people in response to the embargo.”

Ambassador Craft added, “the Cuban Government has arbitrarily arrested more than 50,000 human rights activists, journalists and others since 2010, she said.  That Government also deprives people of their right to free choice of employment, as well as freedom of opinion and expression.  In Cuba, all political parties besides the Communist Party are outlawed, political activists are silenced, and the country’s media is entirely controlled by the State.  All of these are choices that are not forced upon them by the United States embargo.  The country is also an active contributor to regional instability, collaborating with the former Maduro regime in Venezuela.”

Conclusion [5]

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am not pleased with the U.S. opposition to this resolution.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it, nor will the U.S. write a check for Cuba in that amount. A prior post, therefore, suggested that the two countries agree to submit this claim and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at The Hague in the Netherlands. As a retired attorney who litigated cases involving large alleged damages, I know that attorneys representing the U.S. with the aid of expert accounting witnesses would mount challenging cross-examination of Cuba witnesses and present direct evidence to prove any errors in Cuba’s calculations and assumptions.

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[1] Reuters, Exclusive: Brazil Likely to Vote With U.S. Against Cuba at U.N. Over Embargo (Nov. 6, 2019); U.N., Speakers in General Assembly Urge United States to Repeal Embargo Against Cuba, Criticizing Trump Administration for Intensifying Restrictions over Last Year (Nov, 6, 2019); LIVE: Cuba presents proposed UN resolution condemning U.S. blockade (I), Granma (Nov. 6, 2019); Minute by Minute: UN vote against the US blockade of Cuba, Cubadebate (Nov. 7, 2019); U.N., General Assembly Adopts Annual Resolution Calling on United States to End Embargo against Cuba, Brazil Rejects Text for First Time (Nov. 7, 2019Assoc. Press, UN Votes Overwhelmingly to Condemn US Embargo of Cuba, N.Y. Times (Nov. 7, 2019); LIVE: 187 votes in favor of Cuba leave the United States looking bad before the world, Granma (Nov. 7, 2019); U.N., General Assembly Adopts Annual Resolution Calling on United States to End Embargo against Cuba, Brazil Rejects Text for First Time (Nov. 7, 2019); Assoc. Press, UN Votes Overwhelmingly to Condemn US Embargo of Cuba, N.Y. Times (Nov. 7, 2019); Victory against the UN blockade, triumph of good over evil, Cubadebate (Nov. 8, 2019).

[2]  U.N. General Assembly, Report of the Secretary-General: Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (Aug. 19, 2019). There were no statements from the U.S., Brazil, Israel and Ukraine while Colombia stated that “in accordance with the principles enshrined in the Charter of the United Nations, [it] reiterates that it has neither promulgated nor applied any unilateral laws or measures against Cuba, in keeping with its policy of respect for international law and its commitment to the principles of political independence, self-determination of peoples and non-interference in the internal affairs of other nations. Consequently, Colombia promotes the independent development of the internal policies of every nation and believes that any measure that undermines economic and commercial development and the well-being of the population should cease.”

[3] U.N. General Assembly, Draft Resolution: Necessity of ending the ecdonomic, commercial and financial embargo imposed by the United States of America against Cuba (Oct. 8, 2019).

[4] Bruno Rodriguez: ‘There is no Cuban family that does not suffer the consequences of the blockade (+ Video), Cubadebate (Nov. 7, 20MINREX, Rodriguez  Speech at U.N. (Nov. 6, 2019); U.S. Mission to U.N., Remarks at a U.N. General Assembly Meeting on the Cuba Embargo Resolution (Nov. 7, 2019); U.S. Mission to U.N., Remarks at a U.N. General Assembly Press Stakeout Following Vote on the Cuba Embargo Resolution (Nov. 7, 2019).

[5] This blog has commented on previous Cuba embargo resolutions at the U.N. General Assembly, proposed U.S. legislation to end the embargo and related subjects. See the posts listed in the “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

 

U.S. Reduces Airline Flights to Cuba          

On October 25  the U.S. Department of Transportation, at the request of Secretary of State Michael Pompeo, announced that effective December 10, all U.S. airlines would be banned from flying to all destinations in Cuba except Havana.

U.S. Government’s Announcement[1]

This announcement said this action was taken to “”further the administration’s policy of strengthening the economic consequences to the Cuban regime for its ongoing repression of the Cuban people and its support for Nicolas Maduro in Venezuela.”  Charter flights, however, are not affected.

The State Department said that this new restriction will “prevent revenue from reaching the Cuban regime that has been used to finance its ongoing repression of the Cuban people and its support for Nicolas Maduro in Venezuela.” It also will impede “the Cuban regime from gaining access to hard currency from U.S. travelers staying in its state-controlled resorts, visiting state-owned attractions, and otherwise contributing to the Cuban regime’s coffers near these airports.”

In addition, the State Department said the “United States continues to hold Cuba accountable for its repression of the Cuban people, and its interference in Venezuela, including its unconscionable support of the illegitimate Maduro regime. The human rights situation in Cuba remains abysmal, with state authorities harassing and arbitrarily jailing activists, dissidents, artists, and others questioning regime authority with impunity. Despite widespread international condemnation, Maduro continues to undermine his country’s institutions and subvert the Venezuelan people’s right to self-determination. Empowered by Cuba, Maduro has created a humanitarian disaster that destabilizes the region.”

Secretary of State Pompeo added in a tweet, “This action will prevent the Castro regime from profiting from U.S. air travel and using the revenues to repress the Cuban people.”

U.S. Reactions

U.S.-based Cuba Educational Travel (CET) warned that this new restriction is another counterproductive action by the Trump Administration as part of a completely failed approach to Cuba. “Travel between the United States and Cuba benefits Cuban families and entrepreneurs, and many American companies. These measures will harm many people, ”said the president of that organization, Collin Laverty. Ending flights to cities that are frequented mainly by Cubans who travel to see their loved ones is another blow for Cuban families on both sides of the Florida Strait.” CET added that this and earlier travel restrictions imposed by the Trump Administration  lead “to family separation, damage to the private sector of Cuba and the general difficulties for the Cuban people.”

The new restrictions taking effect soon before Christmas and New Year’s will adversely affect many Cuban Americans who flock to the island for family reunions over the holidays.

The president of the U.S.-Cuba Trade and Economic Council, John S, Kavulich, said the new restrictions are unlikely to significantly harm the Cuban economy.

Cuban Reactions[2]

Cuba Foreign Minister Bruno Rodriguez tweeted that Cuba strongly condemned the move  as strengthening “restrictions on U.S. travel to Cuba and its citizens’ freedoms” and that it would not force Cuba to make concessions to the U.S.

Another tweet by Carlos F. de Cossío, head of Cuba’s department of U.S. affairs, said,  “Eager to punish Cuba’s unbreakable defiance, imperialism is going after regular flights to various Cuban cities. It doesn’t matter that they’re affecting family relations, or the modest pocketbooks of most Cubans in both countries.”

The Cuban President Miguel Diaz-Canel’s tweet said, “”It is the height of impotence and failure in the face of the dignity of a heroic people that makes them act with viciousness, evil, evil.”

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[1]  State Dep’t, United States Restricts Scheduled Air Service to Cuban Airports (Oct. 25, 2019); Reuters, U.S. bars Airline Flights to All Cuban Airports except Havana From December 10, N.Y. Times (Oct. 25, 2019); Assoc. Press, Washington Banning US Flights to All Cuban Cities but Havana, N.Y. Times (Oct. 25, 2019).

[2] See also Montague, Trump Administration Cuts Flights to Most Cuban Airports, N.Y. Times (Oct. 25, 2019).

[3] See also Suspension of flights to destinations in Cuba, a blow to families, warns travel organization, Cubadebate (Oct. 26, 2019).

U.S. Imposes New Sanctions on Cuba and Denounces Cuba’s Detention of Dissident   

On October 18, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) imposed new sanctions against Cuba while the State Department denounced Cuba’s detention of dissident Jose Daniel Ferrer.

New Sanctions[1]

The BIS revoked “existing licenses for aircraft leases to Cuban state-owned airlines, and will deny future applications for aircraft leases.” This was based upon the Department’s assertion that  “the Cuban regime is resorting to transporting tourists on leased aircraft subject to BIS jurisdiction.”

Additionally, “BIS is expanding Cuba sanctions to include more foreign goods containing U.S. content, and is imposing additional restrictions on exports to the Cuban regime.” According to a regulation set for October 21 publication, the Export Administration Regulations will be amended so that goods with as little as 10% U.S. content will be subject to U.S. jurisdiction and, thus, require a license from the U.S. Department of Commerce for export or reexport to Cuba. Previously, the policy only applied to goods with 25% or greater U.S. content. In addition, the amendment will, prohibit certain donations to the Cuban government and communist party  and clarify the scope of telecommunications items that the Cuban government may receive without a license.

This action, says the Department, “supports the Administration’s earlier decision to hold the Cuban regime accountable for repressing its own people as well as continuing to provide support to the illegitimate Maduro regime which has terrorized the Venezuelan population and wantonly destroyed the once-prosperous economy relied on by millions.”

The Department’s Secretary, Wilbur Ross, said, “This action . . . sends another clear message to the Cuban regime – that they must immediately cease their destructive behavior at home and abroad. The Trump Administration will continue to act against the Cuban regime for its misdeeds, while continuing to support the Cuban people and their aspirations for freedom and prosperity.”

Cuba’s President Miguel Diaz-Canel in a tweet said these new sanctions were “an expression of impotence, moral degradation and imperial contempt. It is an inhuman, cruel, unjust and genocidal act that we strongly reject. We will not give up. and we will give sovereign answer.”

A similar tweet came from Cuba Foreign Minister Bruno Rodriguez: these are “additional acts of economic blockade, representative of a moral bankruptcy policy, internationally isolated and promoted by a corrupt government. The Cuban people will continue to give due and sovereign response.”

Denouncing Cuban Detention of Dissident[2]

The Cuban dissident who has been detained is Jose Daniel Ferrer, the founder of  the Patriotic Union of Cuba (UNPACU).

According to the State Department, “On October 1, “Castro regime officials detained Mr. Ferrer and several other human rights defenders in Santiago de Cuba.  Mr. Ferrer reportedly has still not been informed of any charges against him, and has been denied access to a lawyer and to medical care.  Mr. Ferrer’s family has not been permitted contact with him since October 4.”  In addition, other “UNPACU activists Roilan Zarraga Ferrer, José Pupo Chaveco, and Fernando González Vailant also remain in custody.”

“Ferrer’s case is one more example of the Castro regime’s continuous and flagrant violation of human rights, which has recently escalated into a wave of repression against freedoms of speech, expression, and religion.  The United States will not allow these abuses against the Cuban people to go unnoticed or unanswered.  We will continue to increase sanctions and trade restrictions to diminish the resources available to the Cuban regime, which uses its income to suppress its own citizens and to prop up other regimes with shameful human rights records, including the former Maduro regime in Venezuela.”

Therefore, the U.S. “strongly condemns the Cuban regime’s unconscionable detainment of . . . [Senor] Ferrer, founder of the Patriotic Union of Cuba (UNPACU).  We call on the Castro regime to immediately disclose Mr. Ferrer’s location and condition, to treat him humanely, and to release him from detention without condition.”

Similar protests of this detention have been registered by UNPACU, Cuba’s Legal Information Center (CUBALEX), Cuban Prisoners Defenders, Freedom House and Amnesty International.

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[1] Commerce Dep’t, U.S. Department of Commerce Further Tightens Cuba Sanctions (Oct. 18, 2019); Reuters, U.S. Hits Cuba With New Sanctions Over Human Rights, Venezuela, N.Y. Times (Oct. 18, 2019); Assoc. Press, U.S. slaps new sanctions on Cuba over human rights, Venezuela, Wash. Post (Oct. 18, 2019);Center for Democracy in Americas,  U.S. restricts additional exports and re-exports to Cuba, U.S.-Cuba News Brief: 10/18/2019.

[2] State Dep’t, Detention of Cuban Human Rights Defender José Daniel Ferrer (Oct. 18, 2019); The arrest of José Daniel Ferrer is ‘a mechanism of repression against all civil society,’ Diario de Cuba (Oct. 17, 2019); Cuban Prisoners Defenders denounces the Cuban regime in Geneva for the case of José Ferrer, Diario de Cuba (Oct. 17, 2019).

 

U.S. Expels Two Cuban Diplomats at U.N. 

On September 19, the U.S. State Department announced that the U.S. had expelled two unnamed Cuban diplomats at the U.N. in New York City “for abusing their privileges of residence. This is due to their attempts to conduct influence operations against the United States.”[1]

In addition, the Department stated, “travel within the United States by all members of Cuba’s Permanent Mission to the United Nations will now essentially be restricted to the island of Manhattan.”

The U.S. takes “any and all attempts against the National Security of the United States seriously, and will continue to investigate any additional personnel who may be manipulating their privileges of residence.”

Cuban Reaction[2]

Cuba Foreign Minister Bruno Rodriguez responded on Twitter. He said, “The expulsion of two diplomats from the #Cuba Mission in the [U.N.] and the greater restriction of movement to the rest are aimed at provoking a diplomatic escalation leading to the closure of bilateral embassies, further tightening the blockade and creating tensions between both countries.”

In addition, Rodriguez said,”I categorically reject the unjustified expulsion of the two officials of the Permanent Mission of #Cuba at the UN and the tightening of movement restriction to diplomats and families. It is vulgar slander to accuse that they performed acts incompatible with diplomatic status.”

The deputy director of the MINREX, Johana Tablada de la Torre, also objected. He said the U.S. “did the same in 2003 behind this measure. It is also expected to coincide with the imminent announcement of the new #Cuba report on the #Blocking [U.S. embargo] to the UN Secretary General, a new distraction from the growing international questioning of political cruelty #EstadosUnidos.”

Cuba Ambassador to the U.S., José Ramón Cabañas, tweeted about the expulsion on Thursday. “Timing is everything. This is happening a few hours before the arrival in New York of the #Cuba delegation attending . . . [U.N. General Assembly] and the very same day a new investigation (Canadian) rejects previous theories (American) about ‘attacks’ on foreign diplomats in Havana.”

The Cuba Mission to the U.N. issued a statement that on September 12, the U.S. advised the mission of accusations against the two diplomats and demanded Cuba’s response within 48 hours. Cuba did just that.” However, “the US side, in flagrant violation of basic principles of the diplomatic protocol, decided to respond through a tweet. This, despite the fact that the channel of consultations between the two missions was open from the beginning of the process.”

Upon the two diplomats return to Havana on September 20, Foreign Minister Rodriguez at a press conference did not respond to a journalist’s question of whether Cuba would expel two U.S. diplomats under the principle of reciprocity. Instead Rodriguez said, “Cuba will give appropriate and timely response to these actions of the United States Government and we call on the international community, in particular the diplomatic community accredited to the UN and the people of the United States to repudiate these actions aimed at damaging the relationship with Cuba.”

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[1] State Dep’t, Required Departure of Cuban Diplomats from Cuba’s Permanent Mission to the United Nations (Sept. 19, 2019); Assoc. Press, Cuba: Diplomat Expulsions, Gas Crisis Part of US Offensive, N.Y. Times (Sept. 20, 2019).

[2] Gaouette & Hansler, US expels two Cuban diplomats to the UN citing national security, CNN (Sepet. 19, 2019); Officials expelled from UN mission arrive in Cuba, Cubadebate (Sept. 20, 2019); These are the two Cuban diplomats expelled by the US, Diario de Cuba (Sept. 21, 2019); Reactionary anti-Cubans: The regime blames its ‘usual suspects’ after the expulsion of its diplomats in the US, Diario de Cuba (Sept. 21, 2019).

 

 

 

 

Continued Disagreements Over What Happened to U.S. Diplomats in Cuba

Many previous posts have discussed the disagreements between the U.S. and Cuba over what, if anything, happened to U.S. diplomats stationed in Cuba starting in late 2016. [1] That disagreement continues.

U.S. Medical Report [2]

The latest report on these issues by the University of Pennsylvania’s Center for Brain Injury and Repair was published in the July 23/30 issue of the medical journal, JAMA. Its abstract of the study said the following:

  • “Importance. United States government personnel experienced potential exposures to uncharacterized directional phenomena while serving in Havana, Cuba, from late 2016 through May 2018. The underlying neuroanatomical findings have not been described.”
  • “Objective. To examine potential differences in brain tissue volume, microstructure, and functional connectivity in government personnel compared with individuals not exposed to directional phenomena.”
  • “Design, Setting, and Participants. Forty government personnel (patients) who were potentially exposed and experienced neurological symptoms underwent evaluation at a US academic medical center from August 21, 2017, to June 8, 2018, including advanced structural and functional magnetic resonance imaging analytics. Findings were compared with imaging findings of 48 demographically similar healthy controls.”
  • “Exposures. Potential exposure to uncharacterized directional phenomena of unknown etiology, manifesting as pressure, vibration, or sound.”
  • “Main Outcomes and Measures. Potential imaging-based differences between patients and controls with regard to (1) white matter and gray matter total and regional brain volumes, (2) cerebellar tissue microstructure metrics (mean diffusivity), and (3) functional connectivity in the visuospatial, auditory, and executive control subnetworks.”
  • “Results. Imaging studies were completed for 40 patients (mean age, 40.4 years; 23 [57.5%] men; imaging performed a median of 188 [range, 4-403] days after initial exposure) and 48 controls (mean age, 37.6 years; 33 [68.8%] men). Mean whole brain white matter volume was significantly smaller in patients compared with controls (patients: 542.22 cm3; controls: 569.61 cm3; difference, −27.39 [95% CI, −37.93 to −16.84] cm3P < .001), with no significant difference in the whole brain gray matter volume (patients: 698.55 cm3; controls: 691.83 cm3; difference, 6.72 [95% CI, −4.83 to 18.27] cm3P = .25). Among patients compared with controls, there were significantly greater ventral diencephalon and cerebellar gray matter volumes and significantly smaller frontal, occipital, and parietal lobe white matter volumes; significantly lower mean diffusivity in the inferior vermis of the cerebellum (patients: 7.71 × 10−4 mm2/s; controls: 8.98 × 10−4 mm2/s; difference, −1.27 × 10−4 [95% CI, −1.93 × 10−4 to −6.17 × 10−5] mm2/s; P < .001); and significantly lower mean functional connectivity in the auditory subnetwork (patients: 0.45; controls: 0.61; difference, −0.16 [95% CI, −0.26 to −0.05]; P = .003) and visuospatial subnetwork (patients: 0.30; controls: 0.40; difference, −0.10 [95% CI, −0.16 to −0.04]; P = .002) but not in the executive control subnetwork (patients: 0.24; controls: 0.25; difference: −0.016 [95% CI, −0.04 to 0.01]; P = .23).”
  • “Conclusions and Relevance. Among US government personnel in Havana, Cuba, with potential exposure to directional phenomena, compared with healthy controls, advanced brain magnetic resonance imaging revealed significant differences in whole brain white matter volume, regional gray and white matter volumes, cerebellar tissue microstructural integrity, and functional connectivity in the auditory and visuospatial subnetworks but not in the executive control subnetwork. The clinical importance of these differences is uncertain and may require further study.” (Emphases added.)

U.S. Commentary on the JAMA Report

JAMA Editorial [3]  In the same JAMA issue containing the University of Pennsylvania report, two medical doctors published an editorial that cautioned readers that the relevance of the neuroimaging findings was “uncertain” and that the exact nature of the affliction “remains unclear,” adding that more scientific evidence is needed.

Washington Post Editorial [4] “The authors of the study  acknowledge it had limitations: a small sample, a control group that was not ideal, and the methods could not offer any clues about what external event caused the trauma. A fair amount of mystery still shrouds the whole episode. The FBI was brought in to investigate, but its findings are not known. There has been speculation the U.S. diplomats, and some from Canada, were attacked by a weapon or device such as a microwave beam or sonic waves, but there is no confirmation.”

After conceding that the new study reported in JAMA “does not solve” the issues, the Post editorial asserts that study “does require that it be pursued. . . .The [U.S.] must continue to demand accountability for whoever did this, and the first step is to find out who, and why.”

According to the editorial, service in Cuba “clearly was not safe for the diplomats who suffered brain trauma. Cuba has a pervasive security service. Surely it knows what really happened. Instead of urging everyone to look the other way, Cuba’s government should get to the bottom of this and make public the findings. The [U.S.] must demand no less.”

New Yorker Article [5] Adam Entous, a staff writer for The New Yorker, interviewed Dr. Douglas Smith, the director of the University of Pennsylvania’s Center for Brain Injury and Repair, about its study. Smith said that the study revealed tangible neurological changes that “are not like anything we’ve ever seen before.” But it “is clear that something structural in the brain was affected, but we don’t know what that is and what caused the effects.”  Nevertheless, Dr. Smith added, the “mass-hysteria hypothesis is debunked by very obvious neurological findings that you can’t imitate, you can’t mimic.” The study validated “that there are signs of brain damage.”

Dr. Smith also told Entous that the 40 patients also included CIA officers and that the study included imaging data for 36 of the 40 patients; the other four “were unreachable by any mode of communication,” presumably because they were CIA officers who are now operating under new covers in other countries.

According to Entous, although there still is no “hard scientific evidence about what caused the injuries, U.S. intelligence agencies still think the victims were attacked, most likely by Russia, which had ‘the means, motive, and opportunity,’ a second senior U.S. official told me. The official cautioned, however, that it was highly unlikely, at this late stage in the investigation, that U.S. spy agencies would uncover direct evidence, such as intercepted communications of Russian operatives admitting their culpability. The [unnamed] official said, ‘You almost never have it direct from the horse’s mouth, saying, ‘It was us. Great job, comrade!’ ”

Slate Article [6] After publication of the previously mentioned report, Slate published the following list of the suggested potential causes for the problems of these U.S. diplomats “ranked in highly unscientific order from least likely to most likely:” (1) noise; (2) microwaves; (3) viral infection; (4) previous trauma; (5) crickets or cicadas (partially); and (6) “it’s all in their heads.”

Cuba’s Reactions [7]

 At a July 30, 2019, press conference in Havana, Dr. Mitchell Joseph Valdés-Sosa, General Director of Cuba’s  Neurosciences Center, on behalf of the Cuba’s Expert Committee, presented reactions to the University of Pennsylvania’s report.

Dr. Valdés-Sosa said that this report does not allow clear scientific conclusions to be drawn. The medical results are confusing and contradictory, of special concern given the numerous questions already raised by the international scientific community, which have not been satisfactorily answered.

The article does not prove that the diplomats suffered brain damage during their stay in Cuba, contrary to speculation and what was raised in tan August 2018 article in JAMA. More specifically the Cuban expert asserted the following:

“1-The authors themselves acknowledge that the study is inconclusive and that they have no explanation for their findings.

2-The changes described are small, very diverse, inconsistent, and do not indicate a coherent pattern. This is not only the opinion of the Cuban medical group, but of recognized experts in the field of neuroimaging, who have stated that these results are not consistent.

3-It is common that in neuroimaging studies, as in other medical fields, there are effects noted in small samples, which are not replicable. They originate by chance. Some of the changes reflect a slight change toward the abnormal, but others are slightly hyper normal.

4-The degree of to which the two groups’ data overlap is not shown in the article.

5-The differences between diplomats and controls, if any, may be related to how the control group was selected. Any pre-existing illness in a group of diplomats, which is absent in the controls (and vice versa) could give rise to a difference in the images.

6-The measures of functional connectivity networks used are very nonspecific and are altered by the psychological state of the subject, as recognized in the article itself and by the scientific community.

7-There is no discernible relationship between the alterations detected in the neuroimages and the symptoms reported by diplomats.

8-There is no coherence between the findings reported in this article and those from the previous one. For example, in the previous piece, from the same research group at the University of Pennsylvania, alterations of executive functions in neuropsychological tests were described. In this work no functional connectivity alterations are found in the executive subnet.

9-Alterations noted in neuroimages, if any, may have originated before the subject’s stay in Cuba or due to a disease unrelated to the ‘directional’ phenomena of strange sounds and other sensations described by diplomats.

10-Although the article’s title refers to so-called ‘directional phenomena,’ the work does not show any relationship between the findings in the images and these alleged phenomena. This is important, given the scientific community’s widespread skepticism regarding theories of sonic or microwave attacks.”

Therefore, the Cuban experts believe “the only way to clarify the health status of those affected is through transparent scientific discussion and the exchange of open, unbiased information.”

These experts observations were previewed by Cuba Foreign Minister Bruno Rodriguez. He tweeted, “There isn’t the least evidence or scientific explanation supporting deliberate actions against diplomats in [Havana]. The article published by JAMA corroborates that. The [US] government lies are targeted against [Cuba]. The manipulation of this issue should stop.”

Conclusion

It is totally amazing that after nearly three years after the first U.S. diplomats in Cuba reported various medical problems, there still is no definitive public verdict on whether and why some diplomats (and CIA personnel) have suffered medical problems.

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[1] This blog has published many posts about this situation. See the “U.S. Diplomats Medical Problems in Cuba, 2017-18” and “U.S. Diplomats Medical Problems in Cuba, 2019” sections of List of Posts to dwkcommentaries—Topical: CUBA. 

[2] Verma, Swanson, Parker, et al., Neuroimaging Findings in US Government Personnel With Possible Exposure to Directional Phenomena in Havana, Cuba, JAMA (July 23/30, 2019); Lederman, Doctors find differences in brains of U.S. diplomats who alleged mystery attacks in Cuba, NBC News (July  23, 2019); Health incidents in Cuba and China; an explainer, Center Democracy in Americas (Mar. 15, 2019)

[3] Muth (MD) & Lewis (MD), Editorial: Neurological Symptoms Among US Diplomats in Cuba, JAMA (Mar. 20, 2019).

 [4]  Editorial, The U.S. must demand accountability for what happened to diplomats in Cuba, Wash. Post (July 28, 2019).

[5] Entous, Brain Scans Shed New Light on Mysterious Attacks on U.S. Diplomats and Spies in Cuba, New Yorker (July 29, 2019).

[6] Paulus, A Comprehensive List of All the Potential Causes of the Cuban “Sonic” Attacks, Slate (July 26, 2019).

[7] No clear scientific evidence exists on alleged sonic attacks against U.S. diplomats in Cuba, Granma (Aug. 5, 2019); Rodriguez, Tweet (July 24, 2019); Cuba dismisses findings of ‘sonic attack’ study, BBC (July 24, 2019).

 

 

 

 

 

 

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Cuban Reactions to New U.S. Anti-Cuba Measures

Naturally the Cuban government and its officials condemned the new U.S. measures. Other Cubans voiced various opinions on this subject.

Cuban Government[1]

“Today, the 17th of April, we celebrate another anniversary of the start of the military aggression at the Bay of Pigs (Playa Girón) in 1961. The decisive response of the Cuban people in defense of the Revolution and socialism resulted in the first military defeat of imperialism in the Americas, in just 72 hours. Oddly enough, it is the date chosen by the current government of the United States to announce the adoption of new aggressive measures against Cuba and to reinforce the application of the Monroe Doctrine.”

“The Revolutionary Government rejects in the most energetic of terms the decision to permit hereinafter that action is taken in US courts against Cuban and foreign entities outside the jurisdiction of the United States, and that of intensifying the impediments for entry into the United States of the executives of companies that legally invest in Cuba and their relatives in properties that were nationalized.  These are actions envisaged in the Helms-Burton Act that were rejected a long time ago by the international community, that the Cuban nation has repudiated from the time when they were enacted and applied in 1996, and whose fundamental aim is to impose colonial protection over our country. Cuba also repudiates the decision to return to limiting the remittances which Cuban residents in the US send to their families and next of kin, to restrict even further travel by American citizens to Cuba and to apply additional financial penalties.”

“It energetically rejects the references that in Cuba attacks have been produced against American diplomats. They would like to justify their actions, as usual, using lies and blackmail. On last 10 April, General of the Army Raúl Castro declared: ‘Cuba is blamed for all evils, using lies in the worst style of Hitlerian propaganda.’To cover up and justify the evident failure of the sinister coup d’ét maneuver of designating, from Washington, a usurper “president” for Venezuela, the government of the United States resorts to slander.”

“It accuses Cuba of being responsible for the soundness and steadfastness shown by the Bolivarian and Chavista government, the people of that country and the civilian-military union which defends the sovereignty of their nation. It brazenly lies when it declares that Cuba keeps thousands of troops and security forces in Venezuela, influencing and determining what is happening in that sister country.”

“It has the cynicism of blaming Cuba for the economic and social situation besetting Venezuela after years of brutal economic penalties, conceived and applied by the United States and a number of allies, precisely to economically suffocate the population and to cause its suffering. Washington has gone to the extremes of pressuring the governments of third countries to attempt to persuade Cuba to withdraw this presumed and unlikely military and security support and even for it to stop providing backing and solidarity to Venezuela. The current US government is known, in its own country and internationally, for its unscrupulous tendency of using lies as a resort in domestic and foreign policy matters.   This is a habit coinciding with the old practices of imperialism.”

“Still fresh in our minds are the images of President George W. Bush, with the support of the current National Security Advisor John Bolton, lying shamelessly about the supposed weapons of mass destruction in Iraq, a fallacious argument that served as an excuse to invade that country in the Middle East.”

“History also records the blowing up of the battleship “Maine” in Havana and the self-provoked incident in the Gulf of Tonkin, episodes that served as excuses to unleash wars of pillage in Cuba and Vietnam. We should not forget that the United States used fake Cuban insignia painted on the planes that carried out the bombing runs as a prelude to the aggression at the Bay of Pigs, in order to cover up the fact that they were really American planes”

“It must remain clear that US slander rests upon complete and deliberate lies. Its intelligence services possess more than enough proof, surely more than any other State, to know that Cuba has no troops nor does it participate in any operations of a military or security nature in Venezuela, even though it is a sovereign right of two independent countries to decide how they shall cooperate in the sector of defense, something that does not correspond to the United States to question. That accuser keeps over 250,000 soldiers on 800 military bases abroad, some of these in the American hemisphere.”

“Their government also knows that, as Cuba has publicly and repeatedly declared, the nearly 20,000 Cuban collaborators, over 60 % of them women, are in that Latin American nation to fulfill the same tasks that approximately another 11,000 Cuban professionals are fulfilling in 83 nations:   contributing to provide basic social services, fundamentally in the area of health, a fact that is acknowledged by the international community. It must remain absolutely clear that steadfast solidarity with the sister Bolivarian Republic of Venezuela is Cuba’s right as a sovereign State and it is also a right that forms part of the tradition and essential principles of the foreign policy of the Cuban Revolution.”

“No threats of reprisals against Cuba, no ultimatum or blackmail by the current US government is going to divert the internationalist conduct of the Cuban nation, despite the devastating human and economic damages caused our people by the genocidal blockade.”

“It behooves us to remember that Mafioso threats and ultimatums were already being used in the past when Cuba’s internationalist efforts were supporting the liberation movements in Africa while the US was backing the scurrilous regime of apartheid. They would have liked Cuba to renounce its commitments of solidarity with the peoples of Africa in exchange for promises of pardon, as if the Revolution had anything whatsoever that needed to be pardoned by imperialism.”

“At that time, Cuba rejected blackmail, as it rejects it today, with utmost disdain.”

“Last April 10th, General of the Army Raúl Castro recalled: ‘In 60 years of facing aggression and threats, we Cubans have demonstrated the iron-clad will to resist and overcome the most difficult of circumstances. Despite its immense power, imperialism does not have the capacity to crush the dignity of a united people, who are proud of their history, and of the freedom they have attained by the strength of so much sacrifice.’”

“The Government of Cuba calls on all members of the international community and on the citizens of the United States to stop the irrational escalation and the policy of hostility and aggression of the government of Donald Trump. With complete justification, year after year the Member States of the United Nations have called practically unanimously for the end to this economic war.  The peoples and governments of our region must see to it that, for the benefit of all, the principles of the Proclamation of Latin America and the Caribbean as a Zone of Peace prevail.”

“Last April 13th, the President of the Councils of State and Ministers Miguel Díaz-Canel Bermúdez declared: ‘Cuba continues to trust in its strength, its dignity and also in the strength and dignity of other independent and sovereign nations.  But it also continues to believe in the American people, in the Land of Lincoln, that they should be ashamed of those who act on the fringes of universal law on behalf of the entire American nation.’ Once again, Cuba repudiates the lies and threats, and reiterates that its sovereignty, independence and commitment to the cause of the peoples of Latin America and the Caribbean are not negotiable.”

“Two days away from commemorating the 58th anniversary of the Playa Girón Victory, a historical point in national geography where the mercenary forces sent by imperialism tasted the dust of defeat, the Cuban Revolution reiterates its firm determination to face up to and prevail over the escalated aggression of the United States.”

Cuban Government Officials[2]

Cuban President Miguel Diaz-Canel responded defiantly with these tweets: ‘Cubans do not surrender, nor do we accept laws about our destinies that are outside the Constitution. In Cuba we Cubans will not change the attitude towards those who hold the sword against us.’ He added,  ‘No one will rip the (Fatherland) away from us, neither by seduction nor by force, We Cubans do not surrender.’’”

In another tweet, Diaz-Canel said,  ‘Title III is not worse than the I and II, which are in the portfolio of actions against all the people of Cuba, Cubans do not give up.”

Also initially responding with tweets was Cuba Foreign Minister Bruno Rodriguez. He “called it an attack on international law, Cuban sovereignty and countries that would do business with the island: Aggressive escalation by US against Cuba will fail. Like at Giron, we will be victorious.’”

On state television, Rodriguez said, ‘”We will always be willing to have a dialogue based on absolute respect, but if the U.S. government has chosen a confrontational path we will not hesitate to defend the gains of the revolution at any cost.’” According to Rodríguez, ‘These decisions of Washington are an aggressive escalation of the US against Cuba that ‘will fail.’”

In another tweet, he also repudiated the ‘aggressive discourse, calumnies and measures to intensify the blockade announced by the US National Security Adviser [Bolton that] constitute a new aggression against the people of Cuba, the American people, Cuban emigration and sovereign states.’”

.”’But now there are nefarious interests in the government of that country, an increasingly monopoly, more McCarthyist policy against Our America and against our people, based on true slander.’”

“’We, of course, will not give up one bit of our principles. We will continue our solidarity support to the sister Bolivarian Republic of Venezuela and we will follow the course that our people, now in a free and universal referendum, has confirmed towards an increasingly just, advanced, increasingly inclusive Cuban socialism and the foreign policy of the Revolution Cubans will continue to be the same, as the Constitution confirms. Our principles are unchangeable and invariable.’”

  Other Cubans[3]

The most cogent opinion on these issues was provided by Rafael Rojas, who is one of Cuba’s most distinguished historians with many publications and the holder of university positions around the world. He wrote the following 10 objections to what he calls “the Bolton Doctrine” in Madrid’s El Pais.

  • “1. In the conflict between the United States, Cuba, Nicaragua and Venezuela, the symbolic dimension weighs heavily. From Washington, Havana, Caracas, Managua and, of course, Miami, these differences are assumed as inertias or continuations of the Cold War. But in most of the world this is not the case: the conflict between communism and anti-communism is marginal on the planetary level. To have announced the new policy in Miami, on the anniversary of the failed Bay of Pigs invasion of 1961, is to persist in that local, archaic entanglement that favors Manichaeism and the binary visions of contemporary politics.”
  • “ The announcement of the new measures from Miami, by Bolton, reinforces a double and harmful subordination: that of the policy towards Venezuela, Nicaragua and Cuba to the sphere of the “national security” of the United States and that of the Washington agenda for those countries to the electoral cycles in the state of Florida.”
  • “ The sanctions against the three regimes adopt a totally unilateral sense at a time when various global institutions and diplomatic initiatives (OAS, UN, Lima Group, International Contact Group of the European Union, Prosur, Uruguayan and Mexican chanceries) try to arrange multilateral actions to face the Venezuelan and Nicaraguan crisis.”
  • “ During the last two decades, the US Department of State has maintained a differentiated policy for Venezuela, Cuba and Nicaragua. It is evident that these regimes act coordinated in a permanent strategy of promoting authoritarian alternatives to democracy in the hemisphere, but, at the same time, the differences between the three political systems, the peculiarities of their respective relations with civil society and society are indisputable [as are] the opposition and nuances of its international commitments and Government priorities.”
  • “The definition of these regimes as “troika of tyrannies” is not only a theoretical simplification, that almost the whole of Latin America and the European Union, plus the UN, China and India, Africa and the Middle East do not share, but an incentive to the deployment of a greater diplomatic and military collaboration of those governments among themselves and with their allies in the world, especially Russia and Iran.”
  • “The application of Titles III and IV of the Helms-Burton Act, passed in 1996, had been postponed by all the governments of the United States until now: the second by Bill Clinton, the two by George W. Bush and the two of Barack Obama [and the two??? by Trump]. The reason was always a mixture of recognition of the global unpopularity of the embargo against Cuba and the complications that could arise in relations with Europe, Canada, Latin America and Asia, in case of demands to companies from those regions that operated in Cuba with confiscated properties. The thousands of cases of Cuban-American citizens that will be presented before the US justice system, in addition to being complicated and burdensome, will generate costs at the international level, as already observed with the European Union’s appeal to the World Trade Organization (WTO).”
  • “Restrictions on American tourist trips and remittances from Cuban-Americans from the United States will not only affect the income of Miguel Diaz Canel’s government: they will also damage the small market sphere that attempts to articulate within the island. The new policy towards Cuba returns to the old paradox of the republican right to promote capitalism, closing the external ways by which capitalism can reproduce itself.”
  • “The sanctions against the Central Bank of Venezuela continue the punitive strategy undertaken so far by the Trump administration against the financial networks of the Government of Nicolás Maduro. Who announces that measure in Miami is the same one that recently proposed the sending of 5,000 soldiers to the border between Colombia and Venezuela and the same government that already openly complains about the inability of its ally, President Ivan Duque [Colombia’s current president], to reduce drug trafficking.”
  • “ The measures against the Government of Daniel Ortega also try to affect the sources of income of the Sandinista State, through the freezing of funds from the Corporate Bank of Nicaragua and the official investment and export agency, ProNicaragua, headed by the son of the presidential couple, Laureano Ortega Murillo. So far, this type of personalized sanctions has not yielded results in Cuba or Venezuela, in terms of promoting greater economic and political openness. Daniel Ortega, a leader so discredited by the Latin American left, gains prestige with the Bolton doctrine.”
  • “ The purpose of the unilateral US offensive against Venezuela, Cuba and Nicaragua is not, apparently, a flexibilization but a breakdown of those regimes. But for that to happen, unlikely scenarios would have to occur: a military uprising in Venezuela, a coup in Nicaragua or a popular uprising in Cuba. In a possible conjuncture of simultaneous economic asphyxia in the three countries should not rule out a greater cohesion against the external enemy, despite the greater or lesser wear and tear of their respective leaders. Not even the collapse of one of those regimes would necessarily mean the collapse of the other two.”

Another article critical of the new U.S. measures in tones similar to those  expressed by the Cuban government and its officials appears in Granma, the official newspaper of the Communist Party of Cuba.

On the other hand, some Cubans disagreed with the Cuban government’s lengthy and vitriolic attacks on the new U.S. measures. These articles were an editorial in Diario de Cuba and one of its articles by Elias Amor; this Internet periodical is published in Madrid, Spain and says that “the  views expressed are not those of any government, nor of any corporate entity other than K&M Productions, LLC, of Boston, Massachusetts.”

A surprising opinion on the new U.S. policies was voiced by Antonio Rodiles, a member of the Cuban opposition, when saying he supported the new U.S. restrictions. “”Pressure is needed. In what other way will it be possible to stop a regime like this? I do not see another Possibility.”

Conclusion[4]

 The lengthy declaration by the Cuban Government was to be expected. Criticism of the official position of the Cuban Government on these issues from  Dario de Cuba was also to be expected as it always publishing such pieces and makes one wonder whether it secretly is funded by the U.S. government.

Most persuasive are the 10 reasons advanced by respected historian Rafael Rojas. I agree that the speech by John Bolton seems erroneously anchored in the views of the Cold War, which has been over for some time; that the new measures seem derived from U.S. political concerns about the state of Florida in national politics; that the new measures totally ignore multilateral efforts to solve the many issues in Cuba, Venezuela and Nicaragua; that the new U.S. measures encourage these three countries to seek help from Russia and Iran; that the previous U.S. waiver of enforcement of provisions of the Hale-Burton Act were based on realistic assessments that the related U.S. embargo of Cuba was rejected by virtually every country in the world whereas enforcement of those provisions of the Act would generate costs at the international level, including tension with U.S. allies; that the restriction of U.S. remittances and travel to Cuba will harm emerging Cuban free enterprise; and that the true purpose of these new U.S. measures does not appear to encourage actions consistent with U.S. interests, but instead to cause a breakdown of their regimes.

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[1] Cuba Foreign Ministry, Declaration of the Revolutionary Government of Cuba: The Cuban revolution reiterates its firm determination to face the escalation in aggression by the United States (April 18, 2019).

[2] 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); Reuters, Trump’s Cuba Hawks Try to Squeeze Havana Over Venezuela Role, N.Y. Times ( April 17, 2019).

[3] Rojas, Ten Objections to the Bolton doctrine, El Pais (April 18, 2019); Capote, Let’s talk Cuban about the Helms-Burton, Granma (April 17, 2019); Editorial, The Helms-Burton Act and the responsibility of the Cuban regime, Diario de Cuba (April 18, 2019); Amor, Will the Cubans be impoverished by the Helms-Burton Law?, Diario de Cuba (April 20, 2019).

[4] As always corrections and opinions about this post are welcome. Are there any other significant Cuban statements on these new U.S. measures? If so, add them in comments to this post.

Another Two Week Suspension of Title III of the Helms Burton Act

On April 3, the U.S. Department of State stated, “Today, Secretary of State Michael R. Pompeo announced his decision to continue for two weeks, from April 18 through May 1, 2019, the current suspension with an exception of the right to bring an action under Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act. The current suspension expires April 17.” The statement also noted that the  Suspension does not apply to: the “right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time.“ [1]

The Department’s statement added, “The Department continues to examine human rights conditions in Cuba, including ongoing repression of the rights of the Cuban people to free speech, free expression and free assembly. The Department is also monitoring Cuba’s continued military, security, and intelligence support to Nicolas Maduro, who is responsible for repression, violence, and a man-made humanitarian crisis in Venezuela.” Therefore, “We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.”

Comments at U.S. Reception Honoring NATO

Perhaps this U.S. statement was made at this time because the U.S. was hosting a celebration of NATO’s 70th anniversary with representatives of other NATO members, many of whom object to the prospect of U.S. litigation against foreign firms for using Cuban property formerly owned by U.S. nationals. [2]

One prominent spokesman of such objections was Spain’s Foreign Minister Joseph Borrell, who said his country “has told the U.S. administration that Spain is concerned about Washington’s potential decision to allow U.S. citizens to sue foreign firms doing business in Cuba.” The Spanish message included “its firm rejection, as a matter of principle, to the extraterritorial application of national sanction laws, considering it contrary to international law,” This was the Foreign Minister’s message on April 1 to U.S. Secretary of State Mike Pompeo and on April 3 to U.S. National Security Advisor John Bolton.[3]

Canadian Foreign Minister Cryslia Freeland also met with Secretary Pompeo on this occasion and told him that “the Government of Canada will defend the interests of Canadians conducting legitimate trade and investment with Cuba, if the United States enforces Title III of the Helms-Burton Act.” [4]

 Cuba’s Reactions [5]

After the announcement of the new two-week suspension, Cuba Foreign Minister Bruno Rodriguez issued the following two tweets:

  • The first said (per Google Translate), “I reject the announcement of . . . [Secretary Pompeo] about #HelmsBurton law, an aberration that should never have existed. [It] violates International Law, damages all #Cuba, each family. 191 countries claim to be eliminated in its entirety. US aggression against #Venezuela must cease without further pretexts.” ·
  • The second (again per Google Translate) said the following: “The Helms-Burton Act is not applicable in #Cuba or against Cubans or foreigners. It’s “Monroeist” [Monroe Doctrine] domination purpose arouses the overwhelming rejection of the international community. The new measures are isolating the #US even more. They will fail to achieve their goals.”

Cuba’s President, Miguel Díaz=Canel, also tweeted on this development. He said (per Google Translate): “We reject the #EEUU announcement on #HelmsBurton law. They persist in the threats, with arrogance they pose a genocidal law that violates International Law, condemns #Cuba and Cuban families. 191 countries demand [in U.N. General Assembly] that it be eliminated in its entirety. #SomosCuba”

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[1] State Dep’t, Secretary Pompeo Extends for Two Weeks Title III Suspension with an Exception (LIBERTAD Act) (April 3, 2019).

[2] State Dep’t, Remarks at the Reception to Celebrate NATO’s 70th Anniversary (April 3, 2019); State Dep’t, Briefing on the Upcoming NATO Ministerial (April 2, 2019).

[3] Reuters, Spain Rejects Possible U.S. Lawsuits Against Foreign Firms in Cuba, N.Y. Times (April 3, 2019); Guimōn,  The US repeals and prolongs the suspension of a law that would toughen the embargo on Cuba, El Paīs (April 3, 2019).

[4] Gomez,  Canada will defend its investments in Cuba if the United States applies title III of Helms-Burton, CubaDebate (April 4, 2019); Readout of Foreign Affairs Minister’s meeting with U.S. Secretary of State, Global Affairs Canada (April 4, 2019).

[5] Havana rejects the new partial suspension of the Helms-Burton, DiariodeCuba (April 4, 2019).

 

 

Latest U.S. Report on Cuban Human Rights

On March 13, the U.S. Department of State released its 43rd annual report on the human rights record  for 2018 of 191 other countries (the U.S. is not included). This report is submitted to the Congress, pursuant to Sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961. Sections 2464, 2467 of that Act also require that U.S. foreign and trade policy take into account countries’ human rights and worker rights performance. [1]

The Report’s Preface

“The United States was founded on the premise that all persons “are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.” Our Constitution secures these unalienable rights by proclaiming in the First Amendment that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The Fifth Amendment also sets out that no person shall “be deprived of life, liberty, or property, without due process of law.” These same concepts were adopted internationally in the Universal Declaration of Human Rights, particularly in Articles 3, 10, 12, 18, 19, and 20.”

“The founders of the United States and the delegates to the UN Commission on Human Rights recognized that these fundamental freedoms of religion or belief, expression, peaceful assembly and association belong to every human being. These freedoms are not granted by governments but are derived from the inherent dignity of the human person. Nor may they be unduly restricted by governments even to further some economic, social, or cultural purpose. They are unalienable.”

“Governments are charged with ensuring that the government itself does not wrongfully interfere with human rights and fundamental freedoms.”

“Those sovereign states with which we have the closest, most long-standing, and productive collaboration are those where the government generally respects human rights, including the freedoms of religion or belief, expression, peaceful assembly, and association and do not engage in gross violations of human rights such as extrajudicial killing, torture, and extended arbitrary detention. Conversely, the states that threaten regional stability, are state sponsors of terrorism, or become inviting targets for terrorist recruitment almost invariably are states with governments that fail to respect the unalienable rights of those within their borders.”

“The policy of this Administration is to engage with other governments, regardless of their record, if doing so will further U.S. interests. At the same time, we recognize that U.S. interests in the enduring stability, prosperity, and security of a world filled with strong, sovereign states will only be served if governments respect human rights and fundamental freedoms. To that end, individuals seeking reforms to end the wrongful interference in the exercise of unalienable rights – whether those individuals are in or out of government – will find a sympathetic friend and strong supporter in the United States of America.”

Executive Summary of the Report on Cuba [2]

“Cuba is an authoritarian state led by Miguel Diaz-Canel, president of the Council of State and Council of Ministers, with former president Raul Castro serving as the first secretary of the Communist Party (CP). Cuba has a one-party system in which the constitution recognizes the CP as the only legal party and the highest political entity of the state. On March 11, citizens voted to ratify a preselected list of 605 candidates to the National Assembly. A CP candidacy commission prescreened all candidates, and the government actively worked to block non-CP approved candidates from the ballot. On April 19, the National Assembly elected Diaz-Canel president of the Council of State and Council of Ministers. Neither the legislative nor the national elections were considered to be free or fair.”

“The national leadership, including members of the military, maintained effective control over the security forces.”

“Human rights issues included reports of an unlawful and arbitrary killing by police; torture of political dissidents, detainees, and prisoners by security forces; harsh and life-threatening prison conditions; arbitrary arrest and detention; holding of political prisoners; and arbitrary or unlawful interference with privacy. The government engaged in censorship, site blocking, and libel is criminalized. There were limitations on academic and cultural freedom; restrictions on the right of peaceful assembly; denial of freedom of association, including refusal to recognize independent associations; and restrictions on internal and external freedom of movement and on political participation. There was official corruption, trafficking in persons, outlawing of independent trade unions, and compulsory labor.”

“Government officials, at the direction of their superiors, committed most human rights abuses and failed to investigate or prosecute those who committed the abuses. Impunity for the perpetrators remained widespread.”

Cuba’s Response [3]

Later the same day Cuba Foreign Minister, Bruno Rodriguez, ignored the above criticisms of Cuba and instead lambasted the U.S. in the following tweet:

  • “USA lacks moral authority in matter of [human rights]. It is a global repressor. Discriminates against minorities, makes the poor poorer, deprives millions of citizens to vote, violates the [human rights] of migrants and abundant cases of sexual abuse of minors in custody of the authorities.”

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[1] State Dep’t, 2018 Country Reports on the Human Rights Practices (Mar. 13, 2019); State Dep’t, [Secretary Pompeo]: Remarks on the Release of the 2018 Country Reports on Human Rights Practices (Mar. 13, 2019).

[2] State Dep’t, Country Reports on Human Rights Practices for 2018: CUBA (Mar. 13, 2019).

[3] Bruno Rodriguez: The United States lacks the moral to speak about human rights, Cubadebate (Mar. 13, 2019).

U.S. Authorizes U.S. Litigation Against Entities on Cuba Restricted List

On January 16, 2019, U.S. Secretary of State Mike Pompeo extended for 45 days the right to bring certain lawsuits in U.S. federal courts  by Americans who owned property in Cuba that was confiscated by its government. The stated reasons for this 45-day extension, instead of the long-standing practice of granting six-month extensions was to “permit us to conduct a careful review of the right to bring action under Title III [of the Helms-Burton or LIBERTAD Act] in light of the national interests of the United States and efforts to expedite a transition to democracy in Cuba and include factors such as the Cuban regime’s brutal oppression of human rights and fundamental freedoms and its indefensible support for increasingly authoritarian and corrupt regimes in Venezuela and Nicaragua.”  [1]

Secretary Pompeo’s New Statement [2]

On March 3, Secretary Pompeo issued another statement on this subject with two parts.

The first part granted “an additional suspension for 30 days through April 17, 2019, of the right to bring an action under Title III [of this federal statute as] necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.” with the below exception. Beginning March 19, suspension shall not apply to:

The second part of this statement, however, contained an exception to this further suspension. Beginning March 19, this suspension will not apply to the “right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time.” This exception protects, for now any foreign firm from such U.S. litigation.

The Cuba Restricted List [3]

This statement explained that the “Cuba Restricted List identifies entities and sub-entities under the control of Cuban military, intelligence, or security services. These security services are directly responsible for the repression of the Cuban people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.”

The first such Restricted List was promulgated by the State Department in November 2017,, with a list of 180 entities and subentities that the Department had determined were owned or controlled by “the large military-run corporations that dominate the Cuban economy. These include GAESA and CIMEX, the holding companies that control most retail business on the island; Gaviota, the largest tourism company; and Habaguanex, the firm that runs Old Havana.

This list was amplified on November 14,  2018, with the addition of 26 subentities. According to the State Department, “direct financial transactions [by U.S. nationals] with these entities are generally prohibited because they would disproportionately benefit those entities or personnel at the expense of the Cuban people or private enterprise in Cuba.”

Cuba’s Reaction  [4]

Also on March 4 the Cuba’s foreign Ministry issued the following lengthy rejection of this U.S. move:

  • “The Ministry of Foreign Affairs rejects in the strongest terms the new escalation in the US aggressive behavior against Cuba.”
  • “Since its entry into force in 1996, the Helms-Burton Act has sought to universalize the economic blockade through brutal and illegal pressures exerted by the United States against third countries, their governments and companies.  It is intended to suffocate the Cuban economy and generate or increase shortages among the population with the purpose of imposing in Cuba a government that serves the interests of the US.”
  • “Given the illegitimate character of the goals they pursue, which are contrary to International Law, the Helms-Burton Act and the blockade arouse universal rejection, which has been reiterated for almost three decades at the most important regional and international fora.  The most recent example of that was the United Nations General Assembly meeting held on November 1, [2018] when said policy was rejected through 10 consecutive votes, thus leaving the US in complete isolation.”
  • “Title II of the Helms-Burton Act states that the overthrowing of the revolutionary government, the subsequent tutelage by a US intervenor and the ultimate establishment of a counterrevolutionary government subordinated to Washington would unequivocally pursue the return or compensation to former owners for all the properties they or their descendants might claim, regardless of whether or not they were US citizens at the moment when nationalizations took place or the fact that they abandoned them. During all that period, the economic blockade would continue to be fully implemented.”
  • “Consequently, Cubans would be forced to return, reimburse or pay to US claimants for the house where they live, the area on which their communities are built, the arable land  where they farm  their products, the school where their children are educated, the hospital or polyclinic where  they receive medical assistance, the place where their workplace is located or where they have a private business, and also for subsidized services such as electricity, water, and communications enjoyed by the population.”
  • “This is an aspiration that can only be conceived by the minds of those who identify Cuba s a colonial possession.  According to the Helms-Burton Act, the economic blockade would be lifted only when that ambition is fulfilled.”
  • “This law relies on two fundamental lies: the notion that nationalizations carried out soon after the triumph of the Revolutionary were illegitimate or inappropriate and that Cuba is a threat to the US national security.”
  • “Cuban nationalizations were carried out in accordance with the law, strictly abiding by the Constitution and in conformity with International Law. All nationalizations included processes of fair and appropriate compensation, something that the US government refused to consider.  Cuba reached and honored global compensation agreements with other nations which are today investing in Cuba, such as Spain, Switzerland, Canada, United Kingdom, Germany and France.”
  • The real threat against regional peace and security are the irresponsible declarations and actions of the US government as well as the destabilizing plans against Latin America and the Caribbean aimed at pursuing the stated purpose of imposing the Monroe Doctrine.”
  • [Cuba’s] Reaffirmation of   Cuban Dignity and Sovereignty Act of December 24, 1996, states that the Helms-Burton Act is illegal, inapplicable and has no legal value or effect whatsoever. It considers null and void any claim under that law by any natural or juridical person.”
  • “According to that [Cuban] law, claims for compensation for nationalized properties could be part of a process of negotiation on the based on equality, mutual respect between the governments of Cuba and the United States, and be “reviewed together with the indemnifications the Cuban State and people are entitled to as a result of the damages caused by the blockade and   aggressions of every sort, of which the US government is responsible”. It also makes it clear that those who resort to procedures or mechanisms under the Helms-Burton Act to the detriment of others shall be excluded from possible future negotiations.”
  • “The Cuban Government reiterates to all economic partners and foreign companies operating in Cuba that full guarantees will be granted to foreign investments and joint projects. Article 28 of the Cuban Constitution, which was ratified by an overwhelming majority on February 24, 2019, also recognizes those guarantees, which are also included in [Cuban] Law No. 118 on Foreign Investments of March 29, 2014.”
  • “Today’s [U.S.] decision imposes additional obstacles to our economic development and progress goals, but the United States will keep on failing to achieve its main purpose of submitting by force the sovereign will of Cubans and our determination to build socialism. The majority feelings of the peoples of Cuba and the United States in favor of improving relations and establishing a civilized and respectful coexistence shall prevail.”

Other Reactions

John Bolton, U.S. National Security Advisor commented the same day in the following tweet: “Cuba’s role in usurping democracy and fomenting repression in Venezuela is clear. That’s why the U.S. will continue to tighten financial restrictions on Cuba’s military and intel services. The region’s democracies should condemn the Cuba regime.”

Senator Marco Rubio (Rep., FL) had a similar tweet: “Today expect the United States to take the first in a series of steps to hold the regime in #Cuba accountable for its 60 years of crimes & illegality which includes its support for the murderous #MaduroCrimeFamily. Justice is coming. And more to come.”

Rubio also joined with U.S. Senator Rick Scott (Rep., FL) and U.S. Representative Mario Diaz-Balart (Rep., FL) in issuing the following lengthier statement supporting this Trump Administration move. [5]

Senator Rubio made the initial comments of the Press Release,“‘President Trump is sending a strong message that the United States will not sit idly by while the Cuban regime continues to support the Maduro crime family at the expense of the Venezuelan people,’ Rubio said. ‘For 60 years, the Cuban regime has forced millions into exile, destabilized neighboring countries, given safe harbor to fugitives from justice and to international terrorists, and made millions trafficking in stolen property. By beginning the process of implementing Title III of the Helms-Burton Libertad Act, the United States is holding the Cuban regime accountable for its crimes, including its support for the murderous Maduro crime family. Justice is coming — and it is just getting started.’”

Senator Scott added, “The Administration’s plan to fully and immediately implement Title III and IV of the Libertad Act signals to the international community that the United States is serious about its commitment to freedom and democracy in Cuba. Allowing American citizens to sue for stolen property in Cuba and denying foreign nationals involved in trafficking stolen property entry into the United States is a huge step toward cutting off the money supply to the Castro Regime. It is clear that where we see instability, chaos and violence in Latin America, we also see the fingerprints of the Castro regime and their money – and this action by the administration is an important step in stabilizing the entire region. President Trump’s strong action on the Libertad Act will further hold the Cuban regime accountable. I urge him to continue with the planned implementation this month so we can help begin a new day of freedom and democracy for Cuba and its people.”

Representative Diaz-Balart stated, “Today, the Trump Administration took another important step toward righting some of the wrongs perpetrated by a dictatorship that brutally oppresses its people and opposes U.S. interests at every opportunity. Shamefully, for nearly twenty-two years since the LIBERTAD Act’s enactment, unscrupulous businesses have ignored this important provision in U.S. law and have chosen to partner with tyrants. This is just the first action of many regarding the Administration’s actions on Title III. Justice for the victims of the Castro regime’s confiscations is long overdue. Years of consecutive extensions may have lulled some into a false sense of impunity. Yet now companies which willingly entangle themselves in partnerships with the anti-American, illegitimate, and oppressive regime in Cuba are on notice that they will be held responsible for their part in callously benefiting from the extensive losses suffered by victims of the regime. I will continue to work with the Administration, Senator Rubio, and my congressional colleagues to ensure the United States continues to pressure the Castro regime and move forward with the full implementation of Title III.”

 Conclusion

This U.S. announcement may have only symbolic significance.

First, according to the Associated Press, “virtually none of the businesses [on the State Department’s Cuba Restricted List has] . . . any links to the U.S. legal or financial systems, meaning the ability to sue [in the U.S.] is unlikely to have any effect on the Cuban economy or foreign businesses that work with the socialist government.” In lawyer’s language, any lawsuit in a U.S. court against an entity on the Cuba Restricted List should be subject to a very strong objection for lack of personal jurisdiction over the Cuban entity, meaning any such case very likely would be dismissed at the commencement of the case. [6]

Second, another potential defense to a U.S. lawsuit might be sovereign immunity.

Third, it would be insane for any U.S. claimant to sue any of the Cuban entities in a Cuban court, which would throw out any such case and perhaps impose some penalty on the claimant for bringing such a case.

Fourth, if any of the Cuban entities are present in other countries of the world, a lawsuit there by a U.S. claimant presumably would not be subject to a lack of personal jurisdiction defense, but other defenses might be available plus other countries’ possible hostility to the overall purposes of the Helms-Burton Act and U.S. policies towards Cuba.

Finally Cuba correctly observes that it recognizes that it has an international legal obligation to compensate foreign owners of expropriated property and that it has settled many (all?) such claims by non-U.S. persons. Moreover, under the U.S.-Cuba rapprochement in 2015-16 the two counties had discussions about the U.S. claims although the details have not been publicly released. A major impediment to such a negotiated settlement is Cuba’s lack of financial resources for such payments. Therefore, this blogger has suggested in another post that the only realistic result is for the two countries to reach an overall settlement, including Cuba’s claims against the U..S., which would have the net effect of the U.S. government’s paying the U.S. claims for expropriated property,   =================================

[1] Update on Trump Administration’s Threat To Allow U.S. Litigation Over Cuba’s Expropriated Property, dwkcommentaries.com (Jan. 30, 2019).

[2] State Dep’t, Secretary Enacts 30-Day Suspension of Title III (LIBERTAD Act) With an Exception (Mar. 3, 2019); Reuters, Foreign Partners Excluded From U.S. Lawsuits Against Cuban Firms: Official, N.Y. times (Mar. 4, 2019). 

[3] New Restrictions on U.S. Travel to Cuba and Transactions with Certain Cuban Entities, dwkcommentaries.com (Nov. 8, 2017);More Cuban Businesses Forbidden to U.S. Visitors, dwkcommentaries.com (Nov. 16, 2018).

[4] Cuba Foreign Ministry, Declaration of the Ministry of Foreign Affairs: Cuba Strongly Rejects New Aggressive Escalation by the United States (Mar. 4, 2019).

[5] Press Release: Rubio, Scott, & Diaz-Balart Commend Trump Administration’s Decision to Hold the Communist Cuban Regime Accountable for Crimes (Mar. 4, 2019).

[6] Assoc. Press, Trump Symbolically Tightens Embargo on Cuba, N.Y. Times (Mar. 4, 2019). See The Personal Jurisdiction Requirement for Civil Lawsuits in U.S. Courts, dwkcommentaries.com (Aug. 8, 2011).