Cuba’s lease of Guantanamo Bay

Cuban Reactions to Trump’s Reversal of Some U.S.-Cuba Normalization Policies

On June 16, as noted in a prior post, President Donald Trump announced a reversal of some aspects of the Cuba normalization policies that had been instituted by his predecessor, President Barack Obama.

Another post looked at U.S. reactions to this reversal. Now we look at Cuban reactions, and a subsequent post will set forth this blogger’s reactions.

Remember that despite all the hostile rhetoric in Trump’s announcement, he set forth only two changes to be implemented in subsequent regulations: (1) prohibit U.S. business transactions with Cuban entities owned or controlled by the Cuban military of security forces; and (2) prohibit U.S. citizens from engaging in individual person-to-person travel to Cuba.

The Cuban Government’s Reactions[1]

The Cuban Government’s lengthy statement made only passing references to these two measures. It said they were made “with the intentional objective of denying [Cuba] income,” of creating “additional obstacles to already restricted opportunities available to U.S. businesses to trade with and invest in Cuba” and of imposing “further restrictions on] the rights of U.S. citizens to visit our country.”

The Cuban statement instead is devoted to objecting to what it calls “the hostile rhetoric” of President Trump’s announcement of the changes, which recalls “the era of open confrontation with our country” and which “constitutes a setback in relations between the two countries.” The U.S. President justified these policy changes “with alleged concerns about the human rights situation in Cuba and the need to rigorously enforce [U.S. embargo] blockade laws, conditioning its lifting, as well as any improvement in bilateral relations, on our country making changes elemental to our constitutional order.”[2]

However, said the Cuban Government, the U.S. embargo or blockade “causes harm and deprivation to the Cuban people and constitutes an undeniable obstacle to our economy’s development, but also impacts the sovereignty and interests of other countries, generating international condemnation.”

Moreover, these U.S. policy changes “contradict the majority support of the U.S. public, including the Cuban émigré community in that country, for the lifting of the [embargo] blockade and normal relations between Cuba and the [U.S.’]” Instead these policy changes “favor [the] political interests of an extremist minority of Cuban origin in the state of Florida, which for small-minded reasons do not desist in their pretensions to punish Cuba and its people, for exercising the legitimate, sovereign right to be free and take control of their own destiny.”

“The government of Cuba denounces the new measures to tighten the [embargo] blockade, which are destined to failure, as has been repeatedly demonstrated in the past, and which will not achieve their purpose of weakening the Revolution, or breaking the Cuban people, whose resistance to aggression of any kind or origin has been proven over almost six decades.”

“The government of Cuba rejects the manipulation of the issue of human rights for political purposes, and double standards in addressing it. The Cuban people enjoy fundamental rights and freedoms, and have achieved accomplishments of which they are proud, and which are only a dream for many of the world’s countries, including the . . . [U.S.], such as the right to health, education, social security, equal pay for equal work, the rights of children, the right to food, peace and development. With its modest resources, Cuba has contributed, as well, to the expansion of human rights in many places around the world, despite the limitations imposed given its condition as a blockaded country.”

“The [U.S.] is in no position to teach [Cuba] a lesson. We have serious concerns about [the U.S.] respect for and protection of human rights in [the U.S. and other countries].”

“Upon confirming the decision to reestablish diplomatic relations, Cuba and the [U.S.] affirmed the intention to develop respectful, cooperative ties between the two people and governments, based on the principles and purposes enshrined in the United Nations Charter . . . .: the inalienable right of every state to choose its own political, economic, social, and cultural system, without interference of any kind; and on equality and reciprocity, which constitute irrevocable principles of international law.”

“The government of Cuba reiterates its willingness to continue the respectful dialogue and cooperation in areas of mutual interest, as well as the negotiation of pending bilateral issues with the government of the [U.S.]. Over the last two years, it has been demonstrated that . . . the two countries can cooperate and coexist in a civilized manner, respecting differences and promoting all that benefits both nations and peoples, but it cannot be expected that, in order to do so, Cuba will make concessions which compromise our independence or sovereignty, nor accept conditions of any type.”

Cuban Foreign Minister’s Reactions[3]

The following Monday in Paris, France, Cuba’s Foreign Minister, Bruno Rodriguez, re-emphasized these points at a press conference. Again, he made only passing references to the two specific changes in U.S. policy. He said they “reinforce the ban on U.S. citizens traveling as tourists to Cuba, and restrict their civil liberties; they limit the freedom of U.S. citizens to travel.”

He said President Trump’s announcement in Miami was “a grotesque Cold War-era spectacle” before an audience of terrorists that was “an affront to the Cuban people, to the people of the world, and to the victims of international terrorism across the globe.” The announcement “marks a step back in bilateral relations, as has been recognized by countless voices within and outside of the [U.S.], the majority of which out rightly reject the announced changes” and will adversely affect [U.S.] relations . . . with Latin America and the Caribbean, and will severely damage the credibility of its foreign policy.”

“These frankly unpopular measures ignore overwhelming support for the lifting of the [embargo] blockade and the normalization of relations with Cuba by members of the U.S. Congress, many of whom are Republicans; the country’s business sector; various civil society organizations; the Cuban émigré community; the press; social networks; and public opinion in general.”

These changes “will restrict the freedoms of U.S. citizens, cost [U.S.] taxpayers more money, reduce the opportunities of [U.s.] companies and business people against their competition, [and] lose {u.S.] income and jobs.”

These U.S. changers “also ignore the overwhelming majority view of the Cuban people, who wish to have a better relationship with the people of the U.S. They will cause human harm and deprivation; they will affect Cuban families. They will bring economic damage not only to state-owned enterprises in Cuba, but also to [Cuban] cooperatives [privately owned businesses], and will especially harm self-employed or private workers. They will also harm and increase discrimination against Cuban émigrés settled in the [U.S.].”

These U.S. changes will “reinforce our patriotism, our dignity, our determination to defend national independence by all means, in the spirit of José Martí, Antonio Maceo and Fidel Castro Ruz.”

Nevertheless, Rodriguez “reiterate[d] Cuba’s willingness to continue the respectful dialogue and cooperation in areas of mutual interest and to negotiate pending bilateral issues with the [U.S.], on the basis of equality and absolute respect for our independence and sovereignty. As demonstrated by the advances achieved in the last two years, Cuba and the [U.S.] can cooperate and coexist in a civilized manner, respecting the profound differences between our governments and promoting all that benefits both countries and peoples.”

Yet, “Cuba will not make concessions essential to its sovereignty and independence, will not negotiate its principles or accept conditions, as it has never done, never, throughout the history of the Revolution. As the Constitution of the Republic of Cuba establishes, we will never negotiate under pressure or threats.”

In response to journalists’ questions, the Foreign Minister made the following additional comments:

“Regarding the issue of the so-called ‘U.S. fugitives in Cuba,’ I can reaffirm that, under our national law and international law and the Latin American tradition, Cuba has granted political asylum or refuge to U.S. civil rights fighters. Of course these people will not be returned to the United States, which lacks the legal, political, and moral foundation to demand this.” (This has been Cuba’s consistent position as this issue was raised in negotiations with the Obama Administration before and after the December 17, 2014, announcement of the two countries embarking on the path of normalization.)
“U.S. citizens who committed crimes in Cuba, such as the hijacking of aircraft, were sentenced by Cuban courts and served long prison terms in Cuba. By unilateral decision, and in an act of goodwill, the Cuban government in recent years has returned to the United States 12 U.S. citizens who were fugitives from the U.S. justice system.”
“President Trump consistently said throughout the election campaign that he . . . would seek . . . a better deal with our country. For Cuba, “a better deal would mean lifting the [embargo] blockade, returning the territory of the Guantánamo Naval Base [to Cuba], accepting the concept of mutual compensation that would greatly benefit certified U.S. property owners, due to the nationalizations of the 1960s.”
“The blockade [embargo] is a piece of the Cold War; it is criminal, genocidal, according to the Geneva Convention on Genocide. It is absolutely unjust and arbitrary. It is a crude, systematic violation, flagrant and systematic, of the human rights of all Cubans, hurting Cuban families, causing damage and deprivation. On the other hand, the blockade [embargo] infringes on the interests of U.S. citizens, of its companies, of its business people, and also constitutes a violation of the civil liberties and political rights of U.S. citizens who are prohibited from traveling to Cuba.”
It “would seriously damage the very interests of the [U.S.] and of its citizens, if the U.S. government prevented or disassociated itself from cooperation with Cuba, which is a neighboring country and contributes to stability in the region, to the solution of regional and hemispheric problems, which has been a victim of, and actively fights, international terrorism, as well as drug trafficking; trafficking in persons; cyber-crime; against the use of digital media from one country to surreptitiously attack another; against crimes of fraud, money laundering, in which, necessarily, the interests of the continent’s countries coincide.”
“I can reaffirm that Cuba will attend to, honor, the agreements signed, and I reiterate our willingness to negotiate and sign new cooperation agreements in other areas. Because our way of thinking is to respect, in a civilized manner, the great differences which exist between our governments, but to advance in all that can benefit the two peoples, in our national interest and that of the Cuban people.”
“It is clear that the measures being implemented by the U.S. government will harm the Cuban people, and especially harm sectors with which the U.S. government has expressed the most interest in building relations. In Cuba, it would be impossible to hurt the state sector of the economy without seriously hurting the cooperative sector, the self-employed, or small private businesses, in particular in the areas that some of these measures address, like the ban on individual travel by U.S. citizens under ‘people-to-people’ licenses.”
“[T]hese measures, no doubt, [also] prejudice U.S. interests. The paradox is strange, because the U.S. President has said that his priority is the U.S. citizenry, the creation of jobs, seeking opportunities for U.S. companies and businesses, making them more competitive. With these measures, he is doing exactly the opposite.”

Cuba’s rejection of the rhetorical demands by President Trump has elicited the strong support of Russia, which has maintained close ties with Havana and in March signed a deal to ship oil to Cuba for the first time in over a decade. Russia said that Trump was “returning us to the forgotten rhetoric of the Cold War.”

Cuban Citizens’ Reactions[4]

In addition to the Cuban government, Cuba’s emerging entrepreneurs oppose the change in the U.S. travel rules. They have grown and prospered as Americans over the last two years have flocked to the island on airlines, patronizing thousands of private bed-and-breakfasts and restaurants. For example, Camilo Diaz, a 44-year-old waiter in a restaurant in Havana, said, “When [Trump’s] cutting back on travel, he’s hurting us, the Cuban entrepreneurs. We’re the ones who are hurt.” A similar opinion was voiced by

Havana resident Marta Deus, who recently set up an accountancy firm and courier service, to cater to the emerging private sector. She said, “We need clients, business, we need the economy to move and by isolating Cuba, they will only manage to hurt many Cuban families and force companies to close.”

This obvious adverse impact on Cuba’s emerging private businesses is also obviously adverse to the U.S. interest in encouraging this sector that promotes economic gains for many Cubans and that constitutes a growing counter-weight to the Cuban state controlling everything. The change also promises to increase the cost of Americans going to Cuba because hotels are more expensive than the new, small b&bs.

Expressing a contrary opinion is Jose Daniel Ferrer, who leads the Patriotic Union of Cuba, the country’s largest dissident group. He said, “When the Obama administration stopped condemning human rights violations in Cuba, the regime here said ‘look we can do this and nothing happens, so we can continue repressing more forcefully.’” Other dissidents agree repression has worsened but say rolling back the detente, which will hurt ordinary Cubans, is not the solution.

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[1] Revolutionary Government Statement: Any strategy directed toward changing Cuba’s constitutional order is condemned to failure, Granma (June 19, 2017); Reuters, Cuban Government Says Trump Will Not Weaken ‘the Revolution,’ N.Y. Times (June 16, 2017); Assoc. Press, Russia Says Trump Is Using ‘Cold War Rhetoric’ on Cuba, N.Y. Times (June 18, 2017); Reuters, Russia Criticizes U.S. for ‘Anti-Cuban’ Approach, Says It Sides with Cuba, N.Y. Times (June 18, 2017).

[2] The prior post about the U.S. announcement of the limited changes to U.S. policy did not discuss or quote President Trump’s full-blown condemnation of many Cuban policies and practices and U.S. past and current efforts to change those policies and practices. The full text and summaries of that speech are available in the following: White House, Remarks by President Trump on the Policy of the United States Towards Cuba (June 16, 2017); DeYoung & Wagner, Trump announces revisions to parts of Obama’s Cuba policy, Wash. Post (June 16, 2017); Davis, Trump Reverses Pieces of Obama-Era Engagement with Cuba, N.Y. Times (June 16, 2017); Schwartz, Trump Announces Rollback of Obama’s Cuba Policy, W.S.J. (June 16, 2017).

[3] Rodriguez, Cuba will not make concessions essential to its sovereignty and independence, nor will it negotiate its principles or accept conditions, Granma (June 20, 2017); Cuba Foreign Ministry, Cuba Highlights Strong Rejection to Trump’s Policy, (June 19, 2017); Live Press Conference of the Cuban Foreign Minister (+ Video), Granma (June 19, 2017); Ahmed, Cuba’s Foreign Minister Calls Trump’s New Policy a ‘Grotesque Spectacle,’ N.Y. Times (June 20, 2017). The day after his press conference, Foreign Minister Rodriguez repeated some of these comments in an interview by a Russian press agency. (‘Total regress’: Trump would blame Havana for climate change, if he believed in it—Cuban FM to RT, Russia Today (June 20, 2017).)

[4] Reuters, Reuters, Cubans Fret New Trump Policy Will Dampen Tourism Boom, N.Y. Times (June 14, 2017); Miroff, In booming old Havana tourist quarter, Trump speech puts Cubans in a bad mood, Wash. Post (June 16, 2017); Reuters, Cubans Say Crestfallen That Trump Rolling Back Détente, N.Y. Times (June 16, 2017).

Reactions to New Presidential Policy Directive on U.S.-Cuba Normalization

As replicated in a prior post, on October 14, President Barack Obama issued a Presidential Policy Directive on U.S.-Cuba Normalization.

This Directive, to my knowledge, has no special U.S. legal status and instead is a roadmap for the next administration on the multiple ways the complex U.S. government is implementing such normalization. President Obama in a statement about the Directive said, “This Directive takes a comprehensive and whole-of-government approach to promote engagement with the Cuban government and people, and make our opening to Cuba irreversible. . . . [It] consolidates and builds upon the changes we’ve already made, promotes transparency by being clear about our policy and intentions, and encourages further engagement between our countries and our people.”[1]

Here are comments on some of the key unresolved issues in that process.

Ending the U.S. Embargo of Cuba

Cuba repeatedly has called for ending the U.S. embargo, and on October 27 it will present its annual resolution condemning the embargo (blockade) to the U.N. General Assembly, which undoubtedly again will overwhelmingly approve the resolution.

The Presidential Directive correctly notes that the Obama Administration repeatedly has asked Congress to end the embargo and states that the U.S. Mission to the United Nations “will participate in discussions regarding the annual Cuban embargo resolution at the [U.N.], as our bilateral relationship continues to develop in a positive trajectory.”[2]

Expanding U.S.-Cuba Trade

The Directive correctly includes a “prosperous and stable Cuba” and expanded U.S.-Cuba trade as parts of its vision for normalization, and the Directive correctly reported that the Obama Administration has adopted regulations relaxing some of the restrictions on U.S. trade with Cuba.[3]

In addition, President Obama’s statement about the Directive noted that on the same day, “The Departments of Treasury and Commerce issued further regulatory changes . . . to continue to facilitate more interaction between the Cuban and American people, including through travel and commercial opportunities, and more access to information.”[4]

According to the two departments’ press release, these new changes will enable “more scientific collaboration, grants and scholarships, people-to-people contact, and private sector growth.” More specifically, the changes “are intended to expand opportunities for scientific collaboration by authorizing certain transactions related to Cuban-origin pharmaceuticals and joint medical research; improve living conditions for Cubans by expanding existing authorizations for grants and humanitarian-related services; increase people-to-people contact in Cuba by facilitating authorized travel and commerce; facilitate safe travel between the United States and Cuba by authorizing civil aviation safety-related services; and bolster trade and commercial opportunities by expanding and streamlining authorizations relating to trade and commerce.”[5]

There is also “a new authorization that will allow persons subject to U.S. jurisdiction to provide services to Cuba or Cuban nationals related to developing, repairing, maintaining, and enhancing certain Cuban infrastructure in order to directly benefit the Cuban people.” Other new rules permit certain foreign ships carrying certain cargo to travel directly to U.S. ports after docking in Cuba, the export of U.S. pesticides or tractors to Cuba without advance payment in cash and U.S. businesses to enter into binding contracts with Cubans that are contingent on the lifting of the U.S. embargo.

U.S. Promotion of Economic Change in Cuba

The Directive states the U.S. “will not pursue regime change in Cuba. We will continue to make clear that the [U.S.] cannot impose a different model on Cuba because the future of Cuba is up to the Cuban people.”

Nevertheless the Directive recognizes as does the Communist Party of Cuba (CPC) that “Due to Cuba’s legal, political, and regulatory constraints, its economy is not generating adequate foreign exchange to purchase U.S. exports that could flow from the easing of the embargo.” Helping to meet this economic problem, both the U.S. and the CPC also recognize, “With an estimated 1 in 4 working Cubans engaged in entrepreneurship, a dynamic, independent private sector is emerging. Expansion of the private sector has increased resources for individual Cubans and created nascent openings for Cuban entrepreneurs to engage with U.S. firms and nongovernmental organizations. We take note of the Cuban government’s limited, but meaningful steps to expand legal protections and opportunities for small- and medium-sized businesses, which, if expanded and sustained, will improve the investment climate.” While the Cuban government pursues its economic goals based on its national priorities, we will utilize our expanded cooperation to support further economic reforms by the Cuban government.”[6]

The Directive makes clear that the U.S. seeks and promotes Cuban economic reform that includes “the development of a private sector that provides greater economic opportunities for the Cuban people.”

U.S. Promotion of Human Rights in Cuba

According to the Directive, Cuba continues with “repression of civil and political liberties.” As a result, the U.S. “will utilize engagement to urge Cuba to make demonstrable progress on human rights and religious freedom” and “continue to speak out in support of human rights, including the rights to freedoms of expression, religion, association, and peaceful assembly as we do around the world. Our policy is designed to support Cubans’ ability to exercise their universal human rights and fundamental freedoms. . . . In pursuit of these objectives, we are not seeking to impose regime change on Cuba; we are, instead, promoting values that we support around the world while respecting that it is up to the Cuban people to make their own choices about their future.”

U,S. Democracy Promotion Programs in Cuba

The U.S. through private contractors with the U.S. Agency for International Development (USAID), the U.S. State Department and other U.S. government agencies surreptitiously has been conducting what the U.S. calls “democracy promotion” programs in Cuba. Cuba rightfully and consistently has objected to such programs.[7]

Nevertheless, the Directive asserts the U.S. “will not pursue regime change in Cuba. We will continue to make clear that the [U.S.] cannot impose a different model on Cuba because the future of Cuba is up to the Cuban people.”

“While remaining committed to supporting democratic activists as we do around the world, we will also engage community leaders, bloggers, activists, and other social issue leaders who can contribute to Cuba’s internal dialogue on civic participation. We will continue to pursue engagements with civil society through the U.S. Embassy in Havana and during official [U.S.] Government visits to Cuba.”

“We will pursue democracy programming that is transparent and consistent with programming in other similarly situated societies around the world.” (Emphasis added.) The State Department will continue to be responsible for “coordination of democracy programs” and “will continue to co-lead efforts with the U.S. Agency for International Development to ensure democracy programming is transparent and consistent with programming in other similarly situated societies. (Emphasis added.)

The Directive correctly anticipates that “the Cuban government will continue to object to U.S. democracy programs, [and] Radio and TV Marti.” This blog has consistently agreed with the Cubans on this issue because the so-called democracy programs are carried out surreptitiously by the U.S. How can they be promoting democracy if they are undercover? If indeed the U.S. wants to do so transparently, then they should only be done with the knowledge and consent of the Cuban government.

Is the statement that such programs in Cuba are to be “consistent with programming in other similarly situated societies” supposed to be the purported justification for conducting such programs in Cuba secretly from its government?

U.S. Special Immigration Rules for Cubans

Cuba repeatedly has called for the U.S. to end its special immigration benefits to Cubans: (a) the U.S. dry feet/wet feet policy that allows any Cubans who arrive on land at a U.S. point of entry to be admitted into the U.S.; and (b) the U.S. Cuban Medical Professional Parole Policy that allows such Cubans to gain entry to the U.S. as parolees from other countries. Therefore, the Directive correctly anticipates “the Cuban government will continue to object to U.S. migration policies and operations.”

This blog has concurred with Cuba’s objections to these policies.[8]

The Directive correctly recognizes that “significant emigration of working-age Cubans further exacerbates Cuba’s demographic problem of a rapidly aging population.” Yet the Directive fails to discuss either the specific U.S. immigration rules for Cubans themselves or their being one of the causes of this societal and economic problem for the island. This, in my opinion, is a major failing of the Directive.

Instead, the Directive merely states that the DHS “will safeguard the integrity of the U.S. immigration system, to include the facilitation of lawful immigration and ensure protection of refugees. The Secretary of Homeland Security (the United States Government lead for a maritime migration or mass migration) with support from the Secretaries of State and Defense, will address a maritime migration or mass migration pursuant to Executive Orders 12807 and 13276 and consistent with applicable interagency guidance and strategy.”

U.S. Lease of Guantanamo Bay from Cuba

Cuba repeatedly has alleged that the U.S. use of Guantanamo Bay for a naval base is “illegal” and that the U.S. should return this territory to Cuba while the U.S. consistently has rejected such allegations and demands. The Directive maintains this U.S. position; it states, “The [U.S.] Government has no intention to alter the existing lease treaty and other arrangements related to the Guantanamo Bay Naval Station, which enables the [U.S.] to enhance and preserve regional security.”

This blog has analyzed this dispute, rejected Cuba’s unsupported allegation that the U.S. use of this territory is illegal and suggested that the dispute over Guantanamo be submitted to an international arbitration panel for resolution. A better solution, as this blog also has recommended, would be a renegotiation of the lease with a much larger annual rent to be paid by the U.S. Such a change, in my opinion, would provide Cuba with much-needed foreign exchange to pay its foreign obligations, including the undoubted obligation to pay U.S. nationals for expropriation of property at the start of the Cuban Revolution in the early 1960’s. Returning the territory to Cuba, while it would probably provide an emotional boost to its pride, would which not add to its economy. In the background is the larger geopolitical threat to the U.S. if Russia (or China) and Cuba agree to the installation of Russian (or Chinese) military bases on the island.[9]

Other Issues

Although the Directive is stated to be “comprehensive,” it does not mention at least the following serious unresolved issues that have arisen in the two countries’ discussions since December 17, 2014:

Cuba’s claims for over $ 300 billion of alleged damages resulting from the embargo and certain other U.S. actions;
Cuba’s claim against U.S.for unpaid rent for Guantanamo Bay, 1960 to date;
The U.S. claims for nearly $8 billion (including interest) for property owned by U.S. nationals that was expropriated by the Cuban government in the early days of the Cuban Revolution in the early 1960’s;
Mutual return of fugitives from the other’s criminal justice system.[10]

Conclusion

There are many reasons why a supporter of U.S.-Cuba normalization like this blogger should be happy over this Directive. It provides a roadmap for the complex U.S. governmental pursuit of normalization that should be helpful to a new U.S. president who wants to continue that pursuit. Moreover, many of the specifics are laudable, in this blogger’s opinion.

However, the Directive has failed to announce cessation of secretive “democracy promotion” programs for Cuba and special immigration benefits for Cubans, as urged by this blogger and others. In addition, as just noted, the Directive fails to cover some of the serious, unresolved issues between the two countries. All of these points, in this blogger’s opinions, are serious deficiencies.

Cuba immediately responded to this Directive.[11] Josefina Vidal, Cuba’s Foreign Ministry’s Director General of the United States, said the Directive “is a significant step in the process towards lifting the blockade and to the improvement of relations between the two countries. We consider it important that the Directive recognizes the independence, sovereignty and self-determination of Cuba, which should continue to be essential in relations between the two countries.” On the other hand, she noted, the Directive “does not hide the [U.S.] purpose of promoting changes in the economic, political and social system of Cuba.”

Yes, as President Obama recently said to the author of an article in The New Yorker, the President and many Americans, including this blogger, believe that changes in Cuban human rights and economy would be beneficial to the Cubans and the hemisphere. So long as the U.S. seeks these objectives above-board and with the knowledge and consent of the Cuban government, both governments and peoples should be pleased.

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[1] White House, Statement by the President on the Presidential Policy Directive on Cuba (Oct. 14, 2016); Davis, Obama, Cementing New Ties With Cuba, Lifts Limits on Cigars and Rum, N.Y. Times (Oct. 14, 2016).

[2] This blog also repeatedly has pleaded with Congress to end the embargo. (See posts listed in “U.S. Embargo of Cuba” in List of Posts to dwkcommentaries—Topical: CUBA).

[3] This blog has applauded these relaxations of restrictions. (See posts listed in “U.S. & Cuba Normalization, 2014-2015,” and “U.S. & Cuba Normalization, 2015-2016” in List of Posts to dwkcommentaries—Topical: CUBA).

[4] Reuters, Obama Eases Restrictions on Cuba, Lifts Limits on Rum and Cigars, N.Y. times (Oct. 14, 2016); Schwartz, U.S. Takes Additional Steps to Ease Restrictions on Trade, Ties with Cuba, W.S.J. (Oct. 14, 2016); Whitefield, Obama moves to make Cuba policies ‘irreversible,’ InCubaToday (Oct. 14, 2016).

[5] U.S. Treasury Dep’t, Treasury and Commerce Announce Further Amendments to Cuba Sanctions Regulations (Oct. 14, 2016).

[6] Raúl Castro as First Secretary of the Communist Party of Cuba at its April 2016 Congress bluntly laid out Cuba’s economic problems, including state-owned enterprises’ inefficiencies, and the need to facilitate the growth and prosperity of private-owned businesses. (See Raúl Castro Discusses Socio-Economic Issues in Report to Seventh Congress of Communist Party of Cuba (April 19, 2016).) See also, e.g., Other Signs of Cuban Regime’s Distress Over Economy (April 21, 2016); Cuban Press Offers Positive Articles About the Island’s Private Enterprise Sector (June 1, 2016).

[7] This blog repeatedly has objected to these “democracy promotion” programs and called for any such programs to be conducted with the cooperation of Cuban authorities. (See posts listed in “U.S. Democracy Promotion in Cuba” in List of Posts to dwkcommentaries—Topical: CUBA.)

[8] See posts listed in “Cuban Medical Personnel & U.S.” and “Cuban Migration to U.S., 2015-2016” in List of Posts to dwkcommentaries—Topical: CUBA).

[9] This blog has discussed various issues relating to Guantanamo Bay. (See posts listed in “U.S. & Cuba Damage Claims” in List of Posts to dwkcommentaries—Topical: CUBA).

[10] These issues have been discussed in posts listed in “U.S. & Cuba Damage Claims” and “U.S. Embargo of Cuba” in List of Posts to dwkcommentaries—Topical: CUBA and in and in Issues Regarding Cuba and U.S. Extradition of the Other’s Fugitives (Feb. 24, 2015).

[11] Ellizalde, Obama presidential directive is a significant step: Josefina Vidal, CubaDebate (Oct. 14, 2016).

President Obama Issues Presidential Policy Directive—United States-Cuba Normalization

On October 14, U.S. President Barack Obama issued a “Presidential Policy Directive on U.S.-Cuba Normalization,” which is a document that promulgates presidential decisions on national security matters.[1] This post will set forth the entire Directive, and a subsequent post will comment on various aspects of the Directive.

This Directive: (1) describes the U.S. vision for normalization with Cuba and how our policy aligns with U.S. national security interests; (2) assesses progress toward normalization; (3) describes the current and foreseen strategic landscape; (4) describes priority objectives for normalization; and (5) directs actions required to implement this PPD.

“Vision for U.S.-Cuba Normalization”

President Obama’s “vision for U.S.-Cuba normalization reflects [his] Administration’s support for broad-based economic growth, stability, increased people-to-people ties, and respect for human rights and democratic values in the region. In the long-term, the United States seeks the following end-states:”

“1. Enhanced security of the United States and U.S. citizens at home and abroad. We seek to ensure U.S. citizens traveling to Cuba are safe and secure and the [U.S.] is protected from: those seeking to exploit increased connectivity for illicit ends, irregular migration, and natural or man-made hazards. Our policy advances bilateral cooperation in areas of mutual interest, including diplomatic, agricultural, public health, and environmental matters, as well as disaster preparedness and response, law enforcement, migration, and other security and defense topics. Our policy also supports increased cooperation with Cuba on regional initiatives on behalf of these interests.”

“2. A prosperous, stable Cuba that offers economic opportunities to its people. Increased travel and economic interconnectedness supports improved livelihoods for the Cuban people, deeper economic engagement between our two countries, as well as the development of a private sector that provides greater economic opportunities for the Cuban people. Efforts by the Cuban authorities to liberalize economic policy would aid these goals and further enable broader engagement with different sectors of the Cuban economy. United States policy helps U.S. businesses gain access to Cuban markets and encourages the sustainable growth of the Cuban economy. The U.S. private sector, scientific and medical researchers, agriculture industry, foundations, and other groups have new avenues for collaboration that can provide opportunities for Cuban entrepreneurs, scientists, farmers, and other professionals. At the same time, increased access to the internet is boosting Cubans’ connectivity to the wider world and expanding the ability of the Cuban people, especially youth, to exchange information and ideas. The [U.S.] is prepared to support Cuban government policies that promote social equality and independent economic activity.”

“3. Increased respect for individual rights in Cuba. Even as we pursue normalization, we recognize we will continue to have differences with the Cuban government. We will continue to speak out in support of human rights, including the rights to freedoms of expression, religion, association, and peaceful assembly as we do around the world. Our policy is designed to support Cubans’ ability to exercise their universal human rights and fundamental freedoms, with the expectation that greater commerce will give a broader segment of the Cuban people the information and resources they need to achieve a prosperous and sustainable future. In pursuit of these objectives, we are not seeking to impose regime change on Cuba; we are, instead, promoting values that we support around the world while respecting that it is up to the Cuban people to make their own choices about their future.”

“4. Integration of Cuba into international and regional systems. We seek Cuban government participation in regional and international fora, including but not limited to, those related to the Organization of American States (OAS) and Summit of the Americas to advance mutually held member objectives. We believe that a Cuba that subscribes to the purposes and standards of such fora will benefit, over time, from bringing its domestic economic and political practices in line with international norms and globally accepted standards. Our policy strengthens the U.S. position in international systems by removing an irritant from our relationships with our allies and partners and gaining support for a rules-based order.”

“Progress Toward U.S.-Cuba Normalization”

“Since the [U.S.] announced on December 17, 2014, that it would chart a new course with Cuba, we have re-established diplomatic relations and have made progress toward the normalization of our bilateral relationship. We opened our respective embassies, six U.S. cabinet secretaries visited Havana, four Cuban ministers visited the United States, and I became the first sitting U.S. President to visit Cuba since 1928. We established a Bilateral Commission to prioritize areas of engagement, and we concluded non-binding arrangements on environmental protection, marine sanctuaries, public health and biomedical research, agriculture, counternarcotics, trade and travel security, civil aviation, direct transportation of mail, and hydrography. We launched dialogues or discussions on law enforcement cooperation, regulatory issues, economic issues, claims, and internet and telecommunications policy.”

“Given Cuba’s proximity to the United States, increased engagement by U.S. citizens, companies, and the nongovernmental sector holds extraordinary promise for supporting our national interests. Bearing in mind the limits imposed by the Cuban Liberty and Democratic (LIBERTAD) Solidarity Act of 1996 (“Libertad Act”) and other relevant statutes, the Departments of the Treasury and Commerce implemented six packages of regulatory amendments to the Cuba sanctions program, easing restrictions on travel, trade, and financial transactions. [U.S.] individuals, firms, and nongovernmental organizations are availing themselves of these regulatory changes to visit Cuba, and authorized travel to Cuba increased by more than 75 percent from 2014 to 2015. Future U.S. citizen travel will be supported by scheduled air service, which began in August 2016, and the first U.S. cruise liner visited Cuban ports in May 2016. We also commenced direct transportation of mail between our two countries, and U.S. telecommunications firms established direct voice and roaming agreements with Cuba. For its part, the Cuban government has continued to pursue incremental economic reforms and launched more than 100 public Wi-Fi hotspots across the island.”

“These developments lay the foundation for long-term engagement with Cuba that advances U.S. interests. But we have a great deal more to do to build on that foundation based on a realistic assessment of the strategic landscape surrounding normalization.”

“Strategic Landscape”

“Cuba is experiencing several transitions in areas such as leadership, the economy, technological development, civil society, and regional and global integration. Cuba’s leaders recognize the need to transition to the next generation, but they prioritize gradual, incremental changes to ensure stability.”

“Cuba has important economic potential rooted in the dynamism of its people, as well as a sustained commitment in areas like education and health care. Yet the Cuban government faces significant economic challenges, including eliminating its dual-exchange-rate system, making its state-run enterprises more efficient and transparent, developing a financial system that provides expanded services to individuals and the private sector, and reducing its reliance on foreign subsidies. Cuba remains highly dependent on food and energy imports, yet must cope with limited sources of hard currency to pay for import needs. Significant emigration of working-age Cubans further exacerbates Cuba’s demographic problem of a rapidly aging population.”

“A series of statutes limits U.S. economic engagement with Cuba, precluding a complete lifting of restrictions on U.S. travel to Cuba, prohibiting United States Government export assistance and the provision of U.S. credit for Cuban purchases of agricultural commodities, and requiring that the embargo not be suspended or terminated unless the President determines that a transition or democratically elected government has come to power in Cuba.”

“Due to Cuba’s legal, political, and regulatory constraints, its economy is not generating adequate foreign exchange to purchase U.S. exports that could flow from the easing of the embargo. Even if the U.S. Congress were to lift the embargo, Cubans would not realize their potential without continued economic reform in Cuba. Cuban government regulations and opaque procurement practices hamper transactions with U.S. companies that would be permitted under U.S. law.”

“Normalization efforts have raised Cubans’ expectations for greater economic opportunities. With an estimated 1 in 4 working Cubans engaged in entrepreneurship, a dynamic, independent private sector is emerging. Expansion of the private sector has increased resources for individual Cubans and created nascent openings for Cuban entrepreneurs to engage with U.S. firms and nongovernmental organizations. We take note of the Cuban government’s limited, but meaningful steps to expand legal protections and opportunities for small- and medium-sized businesses, which, if expanded and sustained, will improve the investment climate.”

“Cuba is not a member of international financial institutions (IFIs), such as the International Monetary Fund, the World Bank, and the Inter-American Development Bank, which could provide expertise and potentially finance economic reforms and viable investment projects.”

“Although Cuba has reached agreement with several creditor nations on bilateral debt relief through restructuring and forgiveness, it remains in default to the United States Government on pre-Cuban revolution bilateral debts and does not participate in international capital markets. Cuba and the United States are both members of the World Trade Organization (WTO); however, neither country applies the agreement to the other because of the U.S. embargo toward Cuba.”

“Rapprochement has enabled us to increase our engagement with Cuba on regional issues such as the Colombia peace process and healthcare in Haiti, and has undermined an historic rallying point for regimes critical of the [U.S.]. Although Cuba has expressed no interest in participating in the OAS, it did attend the Summit of the Americas in 2015. We also welcome engagement between Cuba and other U.S. allies from around the world, including our European and Asian treaty allies. At the same time, we recognize that Cuba and the [U.S.] will continue to have differences on many regional and global issues.”

“U.S. engagement with the Cuban government will also be constrained by Cuba’s continued repression of civil and political liberties. We anticipate the Cuban government will continue to object to U.S. migration policies and operations, democracy programs, Radio and TV Marti, the U.S. presence at the Guantanamo Bay Naval Station, and the embargo. The [U.S.] Government has no intention to alter the existing lease treaty and other arrangements related to the Guantanamo Bay Naval Station, which enables the [U.S.] to enhance and preserve regional security.”

“In this strategic environment, the policies and actions the [U.S.] pursues to advance our vision for U.S.-Cuba normalization will significantly shape the future of bilateral and regional relations, as well as our shared security and prosperity.”

“U.S. Objectives for the Medium-Term U.S.-Cuba Relationship”

“To advance the four end-state goals associated with our strategic vision for U.S.-Cuba normalization, the [U.S.] will move concurrently on the following six priority objectives:

“1. Government-to-Government Interaction”

“We will continue high-level and technical engagement in areas of mutual interest, including agriculture, the economy and small businesses, transportation, science and technology, environment, climate, health, law enforcement, migration, national security, disaster preparedness and response, and counterterrorism. Through the Bilateral Commission, we will identify and prioritize areas of collaboration and engagement that advance our end-state goals. Stronger diplomatic ties will enable constructive engagement on bilateral differences, including our democracy and broadcasting programs, while protecting our interests and assets, such as the Guantanamo Bay Naval Station. We will utilize engagement to urge Cuba to make demonstrable progress on human rights and religious freedom. As the [U.S.] and Cuban governments build trust through more frequent engagement, we will increasingly conduct working-level interactions between Cuban ministries and U.S. agencies and departments that lessen the need for high-level conversations on routine matters. Given the lack of diplomatic relations over the past several decades, we will seek broad engagement across the Cuban government, including ministries and local officials. When appropriate and legally available, we will engage with Cuba to normalize trade relations fully.”

“2. Engagement and Connectivity”

“The [U.S.] will continue to encourage people-to-people linkages through government and privately sponsored exchanges, including those involving educational, cultural, business, science, environment, technology, and sports. As permitted by law, we will continue to support the development of scheduled and chartered air service and maritime links, including ferries. An ongoing partnership with the Cuban-American community is of particular importance given Cuban-Americans’ strong family and socio-cultural ties, as well as their natural role as citizen-ambassadors. We will facilitate opportunities for Cuban-Americans to rebuild and create new bonds with family to support reconciliation. To facilitate Cuba’s goal of increasing its internet access from 5 percent to 50 percent of the population by 2020, we will seek the establishment of a bilateral working group to expand internet connectivity. We will seek opportunities that enable U.S. foundations and universities to establish linkages with Cuba.”

“3. Expanded Commerce”

“The [U.S.] Government will seek to expand opportunities for U.S. companies to engage with Cuba. The embargo is outdated and should be lifted. My Administration has repeatedly called upon the Congress to lift the embargo, and we will continue to work toward that goal. While the embargo remains in place, our role will be to pursue policies that enable authorized U.S. private sector engagement with Cuba’s emerging private sector and with state-owned enterprises that provide goods and services to the Cuban people. Law enforcement cooperation will ensure that authorized commerce and authorized travelers move rapidly between the [U.S.] and Cuba. Although we recognize the priority given to state-owned enterprises in the Cuban model, we seek to encourage reforms that align these entities with international norms, especially transparency.”

“[U.S.] regulatory changes have created space for the Cuban government to introduce comparable changes. In tandem with the Department of the Treasury’s regulatory change to expand Cuba’s access to the U.S. financial system and U.S. dollar transit accounts, the Cuban government announced in early 2016 plans to eliminate the 10 percent penalty on U.S. dollar conversion transactions, subject to improved access to the international banking system. We will sustain private and public efforts to explain our regulatory changes to U.S. firms and banks, Cuban entrepreneurs, and the Cuban government.”

“4. Economic Reform”

“While the Cuban government pursues its economic goals based on its national priorities, we will utilize our expanded cooperation to support further economic reforms by the Cuban government. Recent exchanges among financial service institutions and regulators have provided greater mutual understanding of our respective financial systems and economic priorities. We will undertake government-to-government dialogues to discuss options for macro- and microeconomic reform, with the goal of connecting the changes in U.S. policy with Cuban reforms in a manner that creates opportunity for U.S. firms and the Cuban people.”

“If and when the Congress lifts the embargo, my Administration will engage with the Congress and stakeholders on preparatory commercial and economic exchanges and dialogues. My Administration would then similarly engage the Congress on the substance and timing of a new bilateral commercial agreement to address remaining statutory trade requirements.”

“5. Respect for Universal Human Rights, Fundamental Freedoms, and Democratic Values”

We will not pursue regime change in Cuba. We will continue to make clear that the [U.S.] cannot impose a different model on Cuba because the future of Cuba is up to the Cuban people. We seek greater Cuban government respect for universal human rights and fundamental freedoms for every individual. Progress in this area will have a positive impact on the other objectives. We will encourage the Cuban government to respect human rights; support Cuba’s emerging, broad-based civil society; and encourage partners and nongovernmental actors to join us in advocating for reforms. While remaining committed to supporting democratic activists as we do around the world, we will also engage community leaders, bloggers, activists, and other social issue leaders who can contribute to Cuba’s internal dialogue on civic participation. We will continue to pursue engagements with civil society through the U.S. Embassy in Havana and during official [U.S.] Government visits to Cuba. We will seek to institutionalize a regular human rights dialogue with the Cuban government to advance progress on human rights. We will pursue democracy programming that is transparent and consistent with programming in other similarly situated societies around the world. We will utilize our increased ability to engage regional partners, both bilaterally and through regional bodies, to encourage respect for human rights in Cuba. We will consult with nongovernmental actors such as the Catholic Church and other religious institutions. Finally, we will work with the European Union and likeminded international organizations and countries to encourage the Cuban government to respect universal values.”

“6. Cuban Integration into International and Regional Systems”

“We will expand dialogue with Cuba in the organizations in which it already holds membership, such as the WTO and the World Customs Organization (WCO), and we will encourage Cuba to move toward rules-based engagement, subject to statutory requirements. We will encourage Cuba to bring its legal framework, particularly its commercial law, in line with international standards. We will encourage Cuba to meet WCO standards for supply chain security. To the extent permitted by and consistent with applicable law, we will facilitate integration into international bodies, including through the use of technical assistance programs. We will pursue cooperation with Cuba on regional and global issues (e.g., combating the Ebola outbreak and the Colombia peace process). Ending the embargo and satisfying other statutory requirements relating to trade will allow the [U.S.] to normalize trade relations with Cuba.”

“Policy Implementation”

“1. Roles and Responsibilities”

“To facilitate the effective implementation of this directive, departments and agencies will have the following roles and responsibilities, consistent with the relevant legal authorities and limits:”

“The National Security Council (NSC) staff will provide ongoing policy coordination and oversight of the implementation of this PPD and the overall Cuba strategy as necessary.”

“The Department of State will continue to be responsible for formulation of U.S. policy toward and coordination of relations with Cuba. This includes supporting the operations of Embassy Havana and ensuring it has adequate resources and staffing. Other responsibilities include the issuance of nonimmigrant and immigrant visas, refugee processing, promotion of educational and cultural exchanges, coordination of democracy programs, and political and economic reporting. State will continue to lead the U.S.-Cuba Bilateral Commission and coordinate a number of dialogues, such as the Law Enforcement Dialogue, annual migration talks, and meetings to resolve outstanding claims.”

“State will continue to co-lead efforts with the U.S. Agency for International Development to ensure democracy programming is transparent and consistent with programming in other similarly situated societies. State will coordinate efforts to advance science and technology cooperation with Cuba. State will support telecommunications and internet access growth in Cuba and provide foreign policy guidance to the Departments of Commerce and the Treasury on certain exports, financial transactions, and other license applications.”

“The U.S. Mission to the United Nations (USUN), in coordination with State, will oversee multilateral issues involving Cuba at the [U.N.]. USUN will identify areas of possible collaboration with Cuba that could help foster a more collaborative relationship between the [U.S.] and Cuba at the [U.N.[. The USUN will also participate in discussions regarding the annual Cuban embargo resolution at the [U.N.], as our bilateral relationship continues to develop in a positive trajectory.”

“The Department of the Treasury is responsible for implementation of the economic embargo restrictions and licensing policies. The Treasury will continue its outreach to help the public, businesses, and financial institutions understand the regulatory changes. The Treasury will continue to review and respond to public questions and feedback on regulations and public guidance that could be further clarified and to discuss with State any novel license requests that the Treasury receives from the public to determine whether such requests are consistent with the regulatory changes and existing law. The Treasury will make use of available channels for bilateral dialogue to understand Cuba’s economic and financial system and encourage reforms and will continue to engage in dialogue with the Cuban government about our regulatory changes.”

“The Department of Commerce will continue to support the development of the Cuban private sector, entrepreneurship, commercial law development, and intellectual property rights as well as environmental protection and storm prediction. If statutory restrictions are lifted, Commerce will promote increased trade with Cuba by providing export assistance to U.S. companies. In the meantime, Commerce will continue a robust outreach effort to ensure that U.S. companies understand that U.S. regulatory changes provide new opportunities to obtain licenses or use license exceptions to increase authorized exports to Cuba, including to Cuban state-owned enterprises that provide goods and services to meet the needs of the Cuban people. Additionally, Commerce will continue to engage in dialogue with the Cuban government about our regulatory changes, as well as the need for simplification of the Cuban import process, transparency in Cuban business regulations, and other steps that will lead to full realization of the benefits of our regulatory changes.”

“The Department of Defense (DOD) will continue to take steps to expand the defense relationship with Cuba where it will advance U.S. interests, with an initial focus on humanitarian assistance, disaster relief, and counternarcotics in the Caribbean. The DOD will support Cuba’s inclusion in the inter-American defense system and regional security and defense conferences, which will give Cuba a stake in hemispheric stability. The DOD will continue to make contingency preparations and support the capacity of the Department of Homeland Security and State to address mass migration and maritime migration issues pursuant to Executive Orders 12807 and 13276 and consistent with other applicable interagency guidance and strategy.”

“The Department of Homeland Security (DHS) will engage, together with the Department of Justice, with the Cuban government to combat terrorism and transnational organized crime. In support of U.S. security and foreign policy objectives, DHS will develop protocols for investigative cooperation with Cuba in coordination with other departments and agencies. The DHS will strengthen the security and efficiency of cross-border supply chains and travel systems in support of people-to-people engagement and authorized U.S. trade with the Cuban private sector. The DHS will safeguard the integrity of the U.S. immigration system, to include the facilitation of lawful immigration and ensure protection of refugees. The Secretary of Homeland Security, the United States Government lead for a maritime migration or mass migration, with support from the Secretaries of State and Defense, will address a maritime migration or mass migration pursuant to Executive Orders 12807 and 13276 and consistent with applicable interagency guidance and strategy.”

“The Department of Justice (DOJ) will engage, together with DHS, with the Cuban government to combat terrorism and transnational organized crime. The DOJ will work with Cuba to expand security and law enforcement cooperation, increase information sharing, and share best practices with Cuban counterparts. This work will build upon, and strengthen, current law enforcement cooperation with Cuba under the umbrella of the U.S.-Cuba Law Enforcement Dialogue and its various working groups, which focus on counterterrorism, counternarcotics, cybercrime, human trafficking, and other areas of criminal activity.”

“The Small Business Administration (SBA) will continue to engage with the Cuban government, entrepreneurs, small businesses, and cooperative enterprises. The SBA will support exchanges with the Cuban government in areas of mutual interest, particularly on formalization of small businesses and to spur the growth of new enterprises.”

“The Office of the United States Trade Representative will provide trade policy coordination in international fora and, consistent with statutory requirements and restrictions, prepare for negotiations to normalize and expand U.S.-Cuba trade.”

“The Department of Agriculture (USDA) will work to increase U.S. food and agricultural exports to Cuba by building market opportunities, improving the competitive position of U.S. agriculture, and building Cuba’s food security and agricultural capacity, while protecting plant, animal, and human health. USDA will work with the Government of Cuba to advance cooperation outlined in the U.S.-Cuba agricultural memorandum of understanding signed in March 2016. The USDA will build the U.S.-Cuba trade and development relationship to the extent permitted by and consistent with applicable law.”

“The Department of Health and Human Services (HHS), in accordance with the June 2016 memorandum of understanding between HHS and the Ministry of Public Health of the Republic of Cuba, will collaborate with Cuban counterparts in the areas of public health, research, and biomedical sciences, including collaboration to confront the Zika virus, dengue, chikungunya, and other arboviruses. The HHS will promote joint work, such as development of vaccines, treatments, and diagnostics; partner with Cuba to prevent, detect, and respond to infectious disease outbreaks; collaborate in the field of cancer control, treatment programs, and joint research; and exchange best practices related to access to healthcare.”

“The United States Agency for International Development (USAID) will coordinate with departments and agencies the [U.S.] Government’s response to unplanned environmental occurrences, such as natural or manmade disasters. The USAID will co-lead efforts with State to ensure that democracy programming is transparent and consistent with programming in other similarly situated societies.”

“The Department of Transportation (DOT) will continue to develop air and surface transportation links between the [U.S.] and Cuba in support of transportation providers, authorized travelers, and commerce, while providing required regulatory and safety oversight of transportation providers and systems.”

“The Office of the Director of National Intelligence (DNI) will support broader [U.S.] Government efforts to normalize relations with Cuba, with Intelligence Community elements working to find opportunities for engagement on areas of common interest through which we could exchange information on mutual threats with Cuban counterparts.”

“The Department of the Interior (DOI) will continue cooperation with Cuba on marine protected areas and continue to engage Cuban counterparts to finalize arrangements on wildlife conservation, terrestrial national protected areas, and seismic records.”

“2. Congressional Outreach”

Strong support in the Congress for U.S.-Cuba normalization would contribute to the speed and success of the aforementioned goals, particularly with respect to the embargo and adequate embassy staffing. We will seek to build support in the Congress to lift the embargo and other statutory constraints to enable expanded travel and commerce with Cuba and accelerate normalization. We will regularly engage with Members of Congress and staff on challenges and opportunities in Cuba, advocate for [U.S.] Government policies and sufficient staff and resources to implement the aforementioned goals and policy priorities, and encourage and facilitate congressional travel to the region.”

“3. Monitoring and Oversight”

“The Interagency Policy Committee (IPC), or its future equivalent, will have primary responsibility for coordinating and overseeing the implementation of this policy. The NSC staff will convene regular IPC and Deputies Committee meetings as necessary to monitor implementation and resolve obstacles to progress. The following departments and agencies will designate senior individuals responsible for managing policy implementation in their agency: State, the Treasury, Commerce, DOD (Office of the Secretary of Defense and Joint Staff), DHS, DOJ, USDA, HHS, DOT, USUN, the Office of the United States Trade Representative, USAID, SBA, and DNI.”

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[1] White House, Presidential Policy Directive—United States-Cuba Normalization (Oct. 14, 2016).

The Non-Aligned Movement Holds Summit in Venezuela

On September 17 in Venezuela Raúl Castro addressed the Summit of the Non-Aligned Movement (NAM), an organization of 120 states that advocates for solutions to global economic and other problems.[1] We will review that speech and the Summit’s concluding Declaration before making observations about this event.

Castro’s Speech

For Cuba, he said, “non – alignment means the struggle to radically change the international economic order imposed by the great powers, which has led to 360 people possessing a higher income than 45% of the world population annual wealth. The gap between rich and poor countries is growing. Technology transfer from North to South is an elusive aspiration.”

“Globalization mainly favors a select group of industrialized countries. The debt of southern countries multiplies. . . . [Mamy] people are pushed into unemployment and extreme poverty; millions [of] children die each year from hunger and preventable diseases; almost 800 million people cannot read or write, while more than 1.7 [billion] dollars are devoted to military spending.”

Castro reported that it has been “21 months since we announced simultaneously with President Barack Obama, the decision to restore diplomatic relations between Cuba and the United States.”

“There has been some progress, especially in the diplomatic arena and cooperation on issues of mutual interest, but has not been the same in the economic and commercial sphere, due to the limited scope, while positive, of the measures taken so far by the American government.”

“Cuba will continue to demand the lifting of the economic, commercial and financial blockade that [had caused] much damage and deprivation to Cuba and that also affects many countries for its extraterritorial scope.” Cuba also “will continue to demand that our sovereignty is returned to the territory illegally occupied by the US Naval Base in Guantanamo. Without [these and other changes by the U.S.] there can be no normal relations [between the two countries].”

Nevertheless, “we reaffirm the will to sustain civilized coexistence relations with the United States, but Cuba will not give up one of its principles, or . . . make concessions inherent in its sovereignty and independence. It will not relent in defending their revolutionary and anti-imperialist ideals, [or] in supporting self-determination of peoples.”

Castro also rejected any attempts to “regime change” and reaffirmed rejection of any country’s “resorting to aggression and use of force,” and “commitment to the principles of the United Nations Charter and International law; [to peaceful resolution of disputes] and full respect for the inalienable right of every state to choose its political, economic, social and cultural system as an essential condition to ensure coexistence among nations.”

More specifically Castro reaffirmed (a) Cuba’s “unconditional support for the government and Venezuelan people, the civil-military union and the constitutional President Nicolas Maduro Moros;” (b) Cuba’s rejection of the parliamentary “coup” in Brazil against President Dilma Rousseff; (c) Cuba’s support of Colombia’s “implementing the Agreement” with the FARQ; (d) Cuba’s support of “the people of the Syrian Arab Republic resolving their “without external interference aimed at promoting regime change, . . . “the creation of an independent Palestinian state with East Jerusalem as its capital, . . . the self-determination of the Saharawi people, . . . the historical demand of the Puerto Rican people towards self-determination and independence, . . . [and] the claim of Argentina over the Falkland Islands, South Sandwich and South Georgia;” and (e) Cuba’s congratulations to “the Islamic Republic of Iran for his work in the recently concluded mandate.”

Castro’s concluded with this assertion: “The only alternative to the enormous dangers and challenges ahead is unity and solidarity in defense of our common goals and interests.”

Summit’s Declaration[2]

The Summit’s Declaration concluded with a 21-point statement of NAM objectives: (1) consolidate and revitalize NAM; (2) consolidation of the international order; (3) the right to self-determination; (4) disarmament and international security; (5) human rights; (6) condemnation of unilateral sanctions; (7) condemnation of terrorism; (8) dialogue among civilizations; (9) support for Palestine; (10) reform of the U.N. Security Council and General assembly; (11) selection and appointment of new U.N. Secretary-General; (12) U.N. peace-keeping operations; (13) sustainable development goals; (14) promotion of education, science and technology for development; (15) climate change; (16) reforming the international economic governance; (17) South-South cooperation (18) international solidarity in combatting pandemics; (19) support for refugees and migrants; (20) young women, peace and security; and (21) new world order of information and communication.

Conclusion

These words of Raúl Castro were nothing new.

The real news from the NAM Summit was the low turn-out. Of the 120 NAM members only 13 attended, including the leaders of Cuba, Iran, Palestine, Ecuador, Bolivia and Zimbabwe and the Venezuelan host.

Venezuela’s President Nicolas Maduro called the meeting as an opportunity to increase international solidarity for his socialist government as the oil-dependent economy reels from widespread food shortages and triple digit inflation. However, according to observers, the low attendance indicates that almost all of the NAM members were not interested in engaging in such solidarity with this country under these circumstances.[3]

Nevertheless, Maduro spoke defiantly at the Summit about Venezuela’s problems, blaming them on the country’s foreign enemies. “Venezuela is facing a global attack, which is against all of Latin America and Caribbean. An attack that aims to impose a political, economic and cultural reorganization of our countries with the old oligarchy.”

As repeatedly stated, this blog concurs that the U.S. should end its embargo (blockade) of Cuba and that the peace agreement between the government of Colombia and the FARQ is to be applauded and hopefully will be approved in the October 2 referendum in that country. I also agree that Cuba and the other NAM members have the right to organize and advocate their many other positions.This blog, however, disagrees with Cuba’s allegation that the U.S. is illegally occupying Guantanamo Bay.

Finally soon after the NAM Summit, President Maduro met with U.S. Secretary of State John Kerry when both were in Cartagena Colombia for the signing of the Colombia-FARQ peace agreement. The next day on his regular television show in his country, Maduro, mentioning his 40-minute meeting with Kerry, said, “I ask that God bless the results of the meeting [with Kerry] and that Venezuela opens a new era of relations with the United States.” He also said that veteran U.S. diplomat Tom Shannon, who has been the U.S. point man for the troubled relationship, will visit Caracas again soon and that an invitation was open to Kerry.[4]

The U.S. State Department, acknowledging the meeting, said, “The Secretary expressed our commitment to the well-being of the Venezuelan people, and our willingness to work with all sectors of Venezuelan society to enhance our relationship. He also spoke of our concern about the economic and political challenges that have affected millions of Venezuelans, and he urged President Maduro to work constructively with opposition leaders to address these challenges.” In addition, the Department said that “Kerry stressed our support for democratic solutions reached through dialogue and compromise” and that the two men “agreed to continue the bilateral discussions begun in recent months.”[5]

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[1] Castro, The only alternatives to the enormous dangers and challenges is unity and solidarity, Granma (Sept. 17, 2016).

[2] Declaration of the XVII Summit of Heads of State and Government of the Non-Aligned Movement (NAM), Granma (Sept. 18, 2016).

[3] Assoc. Press, Venezuela’s Crisis Keeps Non-Aligned Summit Turnout Low, N.Y. Times (Sept. 17, 2016); Reuters, Venezuela Summit Draws Few Leaders in Blow to Maduro, N.Y. Times (Sept. 17, 2016); Reuters, Maduro Revels in Support From Zimbabwe, Iran as Critics Decry Failed Summit, N.Y. Times (Sept. 19, 2016); Castro, Venezuela closes the summit of non-aligned countries amid criticism, El Pais (Sept. 18, 2016).

[4] Reuters, Venezuela’s Maduro Calls for New Era of Relations With U.S., N.Y.Times (Sept. 27, 2016).

[5] U.S. State Dep’t, Secretary Kerry’s Meeting with Venezuelan President Maduro (Sept. 26, 2016).

Cuba’s Foreign Minister Advocates Cuban Interests at the U.N.

On September 22, Cuba’s Foreign Minister, Bruno Rodriguez Parilla, addressed the annual meeting of the United Nations General Assembly.[1] The next day he repeated some of the themes of this speech while talking at a meeting at the U.N. of the G77 + China, the intergovernmental organization of 134 U.N.-member developing countries that promotes their collective economic interests, their joint negotiating capacity on such issues and South-South cooperation for development.[2]

Foreign Minister’s Speech to the U.N. General Assembly

“The statistics could not be more eloquent. 80% of the world population owns only 6% of the wealth, while the richest 1%, enjoys half the heritage of the planet. No less than 795 million people suffer from chronic hunger. 18,000 children die daily because of poverty. More than 660 million use non-potable water and 780 million adults and 103 million young people are illiterate.”

“The huge nuclear and conventional arsenals and annual military spending of 1.7 billion million dollars, belie those who claim that there are no resources to eliminate poverty and underdevelopment.”

“The waves of refugees into Europe, caused by underdevelopment and NATO interventions, show the cruelty, the oppressive nature, inefficiency and unsustainability of the current international order . . . .”

“2015 was also the worst in terms of climate change, with increasing global temperatures, melting of polar ice, the ocean levels and volume growth emission of greenhouse gases. . . . While it is expected that the industrialized countries will make progress in fulfilling the obligations assumed with the ambiguous Paris Agreement, only tangible data on financing and technology transfer to developing countries may justify hopes of survival of the human species.”

“Peace and development are the raison d’être of the [U.N.] For the human species, it is imperative and urgent . . . to create a culture of peace and justice as the basis of a new international order. . . . For peaceful coexistence among States, it is essential to respect the [U.N.] Charter and international law.”

“The UN must [combat] unilateralism and . . . be thoroughly reformed in order to democratize it and bring it closer to the problems, needs and aspirations of peoples in order to make it capable of [moving] the international system towards peace, sustainable development and respect for all human rights for all. The reform of the Security Council, both in its composition and its working methods, is a task that can no longer be postponed. Strengthening the General Assembly and rescuing [its] functions that have been usurped by the Security Council should guide the search for a more democratic and efficient organization.”

Rodrigues also supported the rights of the people of Palestine, the Sahara, the Syrian Arab Republic, Russia (and against NATO), Venezuela, Colombia (and their agreement to end the conflict with the FARQ), Brazil (and against “the parliamentary coup d’eta against President Rousseff”) and Puerto Rico.

He praised Cuban medical personnel who are “working in [61 countries in] all continents . . . for the life and health of humans” and criticized the U.S. Parole Program for Cuban Medical Personnel that seeks to interfere with such beneficial medical programs.

On the other hand, he recognized that “just over a year has passed since the restoration of diplomatic relations between Cuba and the United States and the reopening of embassies.” Since then “there has been some progress in our bilateral ties, especially in diplomatic affairs, dialogue and cooperation on issues of common interest, as reflected in the high-level visits, including the visit of President Barack Obama, and the dozen agreements signed on issues that can bring benefits to both countries and throughout the hemisphere.

However, “the reality is that the [U.S. embargo] blockade remains in force, continues to cause serious damage and hardship to the Cuban people and continues to hamper the functioning of the economy and its relations with other countries. Executive measures adopted by the [U.S.}, although positive, are insufficient.” Therefore, the Cuban government “will present [this October] to the Assembly the draft resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Tax by the United States of America against Cuba.’”

In the meantime, “the Cuban government [will continue to develop] a respectful dialogue with the [U.S.] Government, knowing that remains a long way to go to move towards normalization, which means building an entirely new bilateral relations [model].” For this to be possible some day, it will be imperative that the blockade [be] . . . lifted” and that the territory [allegedly] illegally occupied by the Naval Base of the United States in Guantanamo” be returned to Cuba.

“The Cuban people continues [to be engaged in updating [its] economic and social model . . . in order to build an independent, sovereign, socialist, prosperous and sustainable nation.”

Foreign Minister’s Speech at Meeting of G-77+ China

Rodriguez emphasized what he called “the historical debt owed to the nations of the South by the industrialized countries that built their wealth from centuries of colonialism, slavery and plundering of natural resources. This debt needs to be settled by [the industrialized countries] paying [the nations of the South] with financial flows and technology transfers.”

“The external [financial] debt [of the South] must be abolished because it already has been paid many times.”

The Cuban Foreign Minister of Cuba also advocated a direct and active participation of the South in global decisions.

He reiterated Cuba’s allegations against the U.S. economic, commercial and financial embargo (blockade) despite the recent rapprochement between the two governments. More will be heard on this subject when Cuba this October presents its annual resolution against the embargo to the General Assembly

Conclusion

There really was nothing new in these remarks, but it is heartening to hear again that Cuba continues to pursue normalization with the U.S. and to updating its economic and social model in order to build a more prosperous society.

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[1] Rodriguez, The UN must be defended [against] unilateralism and at the same time, it must be deeply reformed to democratize, Granma (Sept. 22, 2016); At UN, Cuba cites progress in US relations, but with embargo still in force, ‘there is a long way ahead,” UN News Centre (Sept. 22, 2016).

[2] Our country wants to settle historical debt to the South, Granma (Sept. 23, 2016).

United States-Cuba Bilateral Commission Meets To Review Normalization Status

On May 16, in Havana the U.S.-Cuba Bilateral Commission held its third meeting to review the status of the countries’ efforts to normalize relations. The U.S. delegation was headed by Ambassador Kristie Kenney, currently serving as Counselor of the Department of State, who was assisted by John S. Creamer, Deputy Assistant Secretary of State, Bureau of Western Hemisphere Affairs, U.S. Department of State; and by U.S. Ambassador Jeffrey DeLaurentis, Chargé d’Affaires, U.S. Embassy, Havana, Cuba. The Cuban delegation’s head was Josefina Vidal Ferreiro, the Director General of the Cuban Ministry of Foreign Affairs’ Department of the United States.[1]

Before the meeting the U.S. State Department said it “will provide an opportunity to review progress on a number of shared priorities since the last Bilateral Commission meeting in November 2015, including progress made during the President’s historic trip to Cuba in March. The United States and Cuba expect to plan continued engagements on environmental protection, agriculture, law enforcement, health, migration, civil aviation, direct mail, maritime and port security, educational and cultural exchanges, telecommunications, trafficking in persons, regulatory issues, human rights, and claims for the remainder of 2016.”

Director General Vidal’s Press Conference

At a press conference after the meeting, Director General Vidal said the meeting had been “productive” and conducted in a “professional climate of mutual respect.” (A photograph of Vidal at the press conference is on the left.) The parties agreed to hold the fourth meeting of the Bilateral Commission in September 2016 in Washington, D.C.

Vidal also said she had told the U.S. delegation that Cuba reiterates its “appreciation for the positive results from President Obama’s visit to Cuba” that had been mentioned by President Raúl Castro during Obama’s visit. Indeed, she said, Cuba believes this visit is “a further step in the process towards improving relations” between the two countries and “can serve as an impetus to further advance this process.”[2]

Vidal acknowledged that there has been an increase in official visits as well as technical meetings on topics of common interest resulting in nine bilateral agreements to expand beneficial cooperation.[3]

According to Vidal, both delegations agreed on steps that will improve relations, including conducting high-level visits and technical exchanges on environmental, hydrography, and implementation and enforcement of the law, including fighting trafficking in drugs and people, and immigration fraud. The two countries also are getting ready to conclude new agreements to cooperate in areas such as health, agriculture, meteorology, seismology, terrestrial protected areas, response to oil-spill pollution, fighting drug trafficking and search and rescue, among others. They also are ready to start a dialogue on intellectual property and continue those relating to climate change and regulations in force in the two countries in the economic and trade area.

However, Vidal said, progress has not been as fast in the economic area because “the blockade [embargo] remains in force” despite the positive measures taken by President Obama to loosen U.S. restrictions. There still are significant U.S. restrictions on U.S. exports to Cuba and imports from Cuba. In addition, U.S. investments in Cuba are not allowed except in telecommunications, and there are no normal banking relations between the two countries. Therefore, Cuba stressed again the priority of the “lifting the economic, commercial and financial blockade [embargo].”

More specifically Vidal said Cuba had told the U.S. representative that in the last six months two American companies and one French company had been fined by the U.S. for maintaining links with Cuba while Cuba has had problems with 13 international banks’ closing accounts, denying money transfers or suspending all operations with Cuba. In addition, six service providers have ceased providing services to Cuban embassies and consulates in third countries (Turkey, Austria, Namibia and Canada).

In addition, the Cuban delegation, said Vidal, had reaffirmed the need for the U.S. to return to Cuba the territory [allegedly] illegally occupied by the U.S. naval base in Guantanamo. It “is the only case of a military base in the world that is based in a territory leased in perpetuity, which is an anomaly from the point of view of international law.[4] There is no similar example in the world and is the only instance of a military base in a foreign country against the will of the government and people of that country.

Vidal also mentioned the following U.S. policies and actions that needed to be changed:

the U.S. preferential migration policies for Cuban citizens, expressed in the existence of the policy of dry feet/wet feet;
the U.S. Cuban Adjustment Act regarding those immigration policies;
the U.S. program of parole for Cuban health professionals;
the special U.S. radio and television broadcasts designed especially for Cuba (Radio and TV Marti); and
U.S. programs designed to bring about changes in the economic, political and social system of Cuba.[5]

These U.S. policies, according to Vidal, underscored “a huge contradiction” for the U.S. On the one hand, President Obama said in his speech in Cuba that the U.S. has neither the intention nor the ability to bring about change in Cuba and that in any case it was up to the people of Cuba to make their own decisions. On the other hand, the U.S. has programs with huge budgets ($20 million dollars every year) aimed at bringing about such change. If indeed there is neither the intention nor the ability to bring about change in Cuba, then there is no reason to have such programs.

Normalization, said Vidal, also needs to have protection of rights to trademarks and patents because there are Cuban companies owning well-known marks, which for reasons of the blockade and other reasons have been taken away from the Cubans.

Before the meeting, another Cuban Foreign Ministry official said that the parties previously had discussed, but not negotiated, with respect to Cuba’s claim for damages with respect to the U.S. embargo and the U.S. claims for compensation for property expropriated by the Cuban government. At the meeting itself, according to a Cuban statement, the Cubans had delivered a list of its most recent alleged damages from the blockade (embargo).

U.S. Embassy Statement

The U.S. Embassy in Havana after this Bilateral Commission meeting issued a shorter, but similar, statement about the “respectful and productive” discussions. “Both governments recognized significant steps made toward greater cooperation in environmental protection, civil aviation, direct mail, maritime and port security, health, agriculture, educational and cultural exchanges, and regulatory issues. The parties also discussed dialogues on human rights and claims, and the [U.S.] looks forward to holding these meetings in the near future.”

Conclusion

Since the actual meeting was conducted in secret, it is difficult to assess what was actually accomplished except through officials’ subsequent public comments.

On May 17, the two countries conducted their second Law Enforcement Dialogue, which will be discussed in a subsequent post.

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[1] U.S. Department of State, United States and Cuba to Hold Third Bilateral Commission Meeting in Havana, Cuba (May 12, 2016); Gomez, MINREX: relations between Cuba and the United States would advance more nonblocking, Granma (May 12, 2016); Reuters, Cuba and U.S. Officials to Meet Next Week to Deepen Detente, N.Y. Times (May 12, 2016); Francisco & Elizalde, Cuba-US Bilateral commission: a productive meeting, Josefina Vidal (+ Photos and Video), CubaDebate (May 16, 2016); Assoc. Press, Top Cuba Diplomat: Obama Trip Positive, Created Momentum, N.Y. Times (May 16, 2016); Reuters, Cuba and United States Draw Up Roadmap for Talks to Deepen Détente, N.Y. Times (May 16, 2016); Gomez, Cuba and the United States defines ambitious agenda for the coming months, Granma (May 16, 2016); U.S. Embassy, Havana, Cuba, Third Bilateral Commission Meeting in Havana (May 16, 2016); Press release issued by the Cuban delegation to the Third Meeting of the Cuba-U.S. Bilateral Commission, Granma (May 17, 2016); Cuba and U.S. set ambitious agenda for coming months, CubaDebate (May 17, 2016).

[2] Vidal’s positive comment about Obama’s visit is in sharp contrast to the negative comments about the visit from Vidal’s superior, Foreign Minister Bruno Rodriguez at the recent Congress of the Communist Party of Cuba. (See Conclusion of Seventh Congress of Communist Party of Cuba, dwkcommentaries.com (April 20, 2016).)

[3] Beforehand an official of Cuba’s Foreign Ministry said that since the December 2014 announcement of détente the parties had signed nine agreements covering the environment, email, navigation safety, agriculture and travel. In addition, the Telecommunications Company of Cuba (ETECSA) had signed agreements with three U.S. companies for cellular roaming in Cuba; a U.S. company (Starwood) had an agreement to manage several Cuban hotels; and the Carnival cruise lines had made a maiden voyage to the island.

[4] The U.S., however, contends that the lease is not in perpetuity, but for so long as the U.S. uses it as a “naval station.” This is one of the potential issues to be resolved in an international arbitration as suggested in a previous post. (Does Cuba Have a Right To Terminate the U.S. Lease of Guantanamo Bay? dwkcommentaries.com (April 26, 2015).)

[5] Prior posts have concurred in the Cuban requests for ending all of these U.S. programs and policies. See Topical List of Posts—Cuba.

Results of U.S.-Cuba Discussions After Ceremonial Opening of U.S. Embassy in Havana

After the ceremonial opening of the U.S. Embassy in Havana on August 14, 2015, Cuba and the U.S. held closed-door discussions. Here is what was disclosed about those discussions at a joint press conference at the city’s Hotel Nacional by Secretary of State John Kerry and Cuban Foreign Minister Bruno Rodriquez and from other sources.[1]

Guarded Optimism. Repeating his earlier remarks at the Embassy, Kerry said this was an historic moment as the two countries continued to engage in a cooperative way to address the many issues that had accumulated over the last 50 years. Rodriguez said essentially the same thing.

Empowerment of People. According to Kerry, normalization “will contribute to greater empowerment of . . . the Cuban people to be able to plug into the global economy, to be able to trade more, to be able to move and travel and enjoy the fruits of their labor, to be able to raise the standards of living, and therefore improve their lives.” It will “also help [U.S.] citizens . . . , including students, the private sector to be able to learn more about this country, to be able to establish friendships and connections that will last, hopefully, for a lifetime.”

Improved U.S. Relations with Western Hemisphere. Kerry said normalization “will also remove a source of irritation and division within the hemisphere.” At April’s Summit of the Americas, many countries said “how happy they are that finally the [U.S.] and Cuba are going to move to renew their relationship, because all of them were supportive of and encouraging us to take that kind of step.”

U.S. Embargo (Blockade) Issues. Rodriguez re-emphasized Cuba’s demands for the U.S. to end its embargo (blockade) of the island and for the U.S. to pay compensation for the alleged damages to the Cuban economy caused by that measure. Kerry agreed on the need to end the embargo and emphasized President Obama’s request for Congress to do just that.

According to Reuters and the Associated Press, this issue came up again at a meeting that evening with Cuban dissidents at the official Havana residence of the charge d’affaires. Kerry then said, “the U.S. Congress was unlikely to ever lift a punishing economic embargo on Cuba unless the Communist government improved its human rights [or civil liberties] record.” The AP quoted Kerry as saying, “There is no way Congress will lift the embargo if we are not making progress on issues of conscience.”

After there had been a report of those comments, Josefina Vidal, Cuba’s lead negotiator in negotiations with the U.S., told Reuters, “Decisions on internal matters are not negotiable and will never be put on the negotiating agenda in conversations with the United States. Cuba will never do absolutely anything, not move one millimeter, to try to [obtain the end of the embargo (blockade).]”

U.S. Claims for Expropriated Property. Rodriguez said, “Cuban laws have foreseen the [need for] compensation to owners whose properties were nationalized in the 1960s. And all the owners were compensated in due time with exception of American citizens due to the circumstances . . . in the bilateral relations. I reiterate that the Cuban laws include the possibility to pay compensations.”

This point was reiterated later that day by Cuban diplomat, Josefina Vidal, who said that Cuba is willing to discuss the 5,913 claims from Americans whose properties were nationalized after the 1959 revolution that brought Fidel Castro to power. A Cuban law, however, links negotiations on property claims to Cuba’s own claims for damages caused by the embargo and other U.S. aggressions.

Guantanamo Bay Issues. Rodriguez reiterated Cuba’s request or demand for the U.S. to return Guantanamo Bay to Cuba. Kerry, however, said, “Now, at the moment, there is no current discussion or plan to change the arrangement with respect to Guantanamo, but I can’t tell you what will happen over the years in the future.”

Josefina Vidal stated that she receives the annual U.S. $4,085 rental checks for Guantanamo Bay, which Cuba refuses.to cash because it sees the U.S. occupation of Guantanamo as illegal. Instead each of the checks is stored in Cuban archives “like a historical document.”

Migration issues. According to Kerry, the U.S. supports “safe, legal, orderly migration from Cuba to the [U.S.]” and “full implementation of the existing migration accords with Cuba.” But the U.S. currently has “no plans whatsoever to alter the current migration policy, including the Cuban Adjustment Act, and we have no plans to change the ‘wet foot, dry foot’ policy.”

Rodríguez responded: “migration waves of people escaping from poverty and military conflicts are well known. Fortunately this does not happen in the Latin America and the Caribbean region.” But we have “serious concerns about the migration processes from [Central American] countries affecting hundreds [of thousands] of small children [fleeing to the U.S.]”

Rodriguez continued, “Migration relations between the U.S. and Cuba . . . should not be politicized. They should be totally normal.” We agree to encourage the “safe and orderly migration between both countries. We also agree on the risks, the dangers, and the need to establish an international and bilateral cooperation against trafficking in persons [and related transnational organized crime].” Cuba also believes “the migration accords in force between the U.S. and Cuba should be strictly respected and that any policy or any practical action which is not in accordance with the spirit and language of the accords should be abolished.” [2] We believe that the freedom of travel is also a fundamental human right.”

U.S. Human Rights Problems. Rodriguez opened his comments at the press conference with complaints of U.S. human rights transgressions — from police shootings of black men to mistreatment of prisoners at Guantanamo Bay, the U.S. naval base on Cuba that the government says must be returned. “Cuba isn’t a place where there’s racial discrimination, police brutality or deaths resulting from those problems,” Rodriguez said. “The territory where torture occurs and people are held in legal limbo isn’t under Cuban jurisdiction.”

U.S. Presidential Election of 2016. Kerry said he could not imagine “another president, Republican or Democrat, just throwing [the re-establishment of diplomatic relations and steps towards normalization] out the window.” In addition, Kerry thought “that people understand that over 54 years, we had a policy that was isolating us, not changing the world.”

Steering Committee. The two countries have established a steering committee or commission to address the many outstanding issues. This body will meet in Havana for the first time in the first or second week of September.

This body will follow three tracks. The first will encompass areas in which rapid progress is expected, such as cooperation on naval matters, climate change and the environment. The second will tackle more complex topics like the establishment of direct airline flights and U.S. telecommunications deals with Cuba. The last will take on the toughest problems, including the embargo, human rights and each country’s desire to have fugitives returned by the other.

Conclusion

The steering committee’s first tier of issues (the easiest ones) apparently will include agreements for civil aviation landing rights for each country’s airlines, direct mail, environmental protection and battling drug trafficking. (Indeed on August 17 the Wall Street Journal reported that the Obama Administration was pushing for the airliner deal by the end of this year.[3])

The third tier of issues (the most difficult) apparently will include ending the U.S. embargo (blockade), which is an issue for the U.S. Congress, not for negotiations with Cuba; U.S. compensation to Cuba for alleged damages to its economy from the embargo (blockade); Cuba’s compensation to U.S. interests for expropriation of their property in Cuba; the future status of Guantanamo Bay; and extradition of fugitives from one country to the other.[4]

I agree that the most difficult set of issues to be resolved by bilateral negotiations are those just mentioned. Indeed, as an outsider, I think they will be impossible to resolve by such negotiations.

On the other hand, I think that the way to resolve these issues is direct and simple in concept: submit these disputes to an impartial third party. There are various ways this could be done. I have suggested that the Permanent Court of Arbitration at The Hague in the Netherlands be chosen by the two countries to resolve these disputes: it has been in existence since the late 19^th century and has an existing set of rules for such proceedings, which will be lengthy and complicated.

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[1] State Dep’t, Press Availability With Cuban Foreign Minister Bruno Eduardo Rodriguez Parrilla (Aug. 14, 2015); Reuters, Kerry Says Next U.S. President Likely to Uphold New Cuba Policy, N.Y. Times (Aug. 14, 2015); Reuters, Cuba Says Won’t Move ‘One Millimeter’ to Placate Enemies in U.S., N.Y. Times (Aug. 14, 2015); Assoc. Press, A Festive Flag-Raising, Then Tough Talk on US-Cuba Relations, N.Y. Times (Aug. 15, 2015);Reuters, Cuba’s Top Diplomat for U.S. Sees Long Road for Normal Ties, N.Y. Times (Aug. 16, 2015); Cuban Foreign Minister receives John Kerry (+Photos), Granma (Aug. 14, 2015); John Kerry: We are determined to move forward, Granma (Aug. 14, 2015); Cuba and U.S. discuss next steps in developing relations, Granma (Aug. 14, 2015); Cuba and the United States: Some questions about the future, Granma (Aug. 14, 2015); In joint press conference Bruno Rodriguez Parrilla and John Kerry, Granma (Aug. 15, 2015).

[2] One of the criticized U.S. immigration policies is the dry foot/wet foot program whereby a Cuban who lands on U.S. land is eligible for special U.S. immigration status while one apprehended at sea is not.. Another is the U.S.’ Cuban medical personnel parole program.

[3] Schwartz, Nicas & Lee, Obama Administration Pushes for Deal to Start Flights to Cuba by Year’s End, W.S.J. (Aug. 17, 2015); Reuters, White House, Cuba Work to Resume Scheduled Commercial Flights, WSJ, N.Y. times (Aug. 17, 2015).

[4] Previous posts have discussed Cuba’s claim for damages from the embargo (blockade); the U.S. claims for compensation for expropriated property; the Cuban lease of Guantanamo Bay to the U.S. and whether Cuba has a legal right to terminate the lease; extradition of fugitives.