U.S. and Cuba Squabble Over U.S. Sanctions Against Certain Venezuelans

The U.S. and Cuba (and indeed most of the rest of Latin America) are in a squabble over recent sanctions imposed against certain Venezuelans by an executive order issued by President Obama. After reviewing immediate events leading up to the imposition of sanctions, this post will discuss the executive order and the reactions thereto from Venezuela, Cuba and the rest of Latin America.

Events Leading Up to the Imposition of Sanctions [1]

In February 2014 there were opposition protests calling for Venezuelan President Nicolas Maduro’s resignation that sparked violence killing 43 people. In February of 2015 protesters and security forces clashed sporadically around that anniversary, while a shrinking economy and chronic product shortages have sent Maduro’s popularity tumbling.

In early February 2015, Antonio Ledezma, who is an opposition leader and the Mayor of Caracas, and two other opposition leaders signed a published open letter to President Maduro calling for a “national agreement for a transition.”

On February 10, the government announced a new three-tier currency scheme that amounted to a de facto devaluation of almost 70 percent, spurring outrage among opposition critics. This was a response to tumbling oil prices that have left the country struggling to meet its budget needs amid bulging foreign debt payments.

On February 19, the Venezuelan government announced that Ledezma had been arrested in order to halt an alleged U.S.-backed coup plot. The next day the government said that Ledezma had been indicted on charges of conspiracy against the Venezuelan government and plotting an American-backed coup. His attorney will be asking a judge to dismiss conspiracy charges against him, calling accusations that he participated in a plot to overthrow Venezuela’s socialist government “totally unfounded.”

Also on the 19th Maduro called for the Venezuelan people to defend national peace and be prepared “to deal with any scenario that may occur in Venezuela as a result of U.S. imperial aggression against our country.” That same day the Venezuelan Supreme Tribunal of Justice issued a statement reminding the U.S. that it had no jurisdiction to apply its laws outside its territory against the sovereignty and institutions of democracy in Venezuela. [2]

On February 20th the White House’s Press Secretary, Josh Earnest, responded to these charges. He said: “The United States is not promoting unrest in Venezuela, nor are we attempting to undermine Venezuela’s economy or its government.  In fact, the United States remains Venezuela’s largest trading partner.  The Venezuelan government should stop trying to distract attention from the country’s economic and political problems, and focus on finding real solutions through democratic dialogue among the people of Venezuela.  The Venezuelan government should respect the human rights of its citizens and stop trying to intimidate its political opponents.”

According to the Press Secretary, the U.S. continues “to call on the Venezuelan government to release political prisoners, including dozens of students; opposition leader; and Mayors Daniel Ceballos and Antonio Ledezma.” The U.S. “Treasury Department and the State Department are obviously closely monitoring this situation and are considering tools that may be available that could better steer the Venezuelan government in the direction that they believe they should be headed.  That obviously means that we’re continuing to engage other countries in the region in talking about operating in coordinated fashion as we deal with the situation there.”

The same day a Department of State spokesperson stated: The Venezuelan accusations “are false and baseless. And our view continues to be that political transitions must be democratic, constitutional, peaceful, and legal. We do not support a political transition in Venezuela by non-constitutional means. We’re not promoting unrest in Venezuela, nor are we attempting to undermine Venezuela’s economy or its government. And this is a continued effort . . . of the Venezuelan Government to try to distract attention from the country’s economic and political problems and focus and try to distract and make these false accusations.”

In addition, the State Department official stated the U.S. had reports that the Venezuelan intelligence service had detained the Caracas metropolitan mayor and searched his office [and] . . . that military intelligence officials plan to move opposition leader Leopoldo Lopez from his prison cell and transfer him to an unknown location. We are deeply concerned by what appears to be the Venezuelan Government’s efforts to escalate intimidation of its political opponents by rounding up these prominent leaders of the opposition. Venezuela’s problems cannot be solved by criminalizing dissent.”

President Obama’s Executive Order [3]

 On March 9th President Obama issued an executive order that blocked any U.S. assets of seven named Venezuelans and others who might be named by the U.S. Department of the Treasury, that barred these individuals from entering the U.S. and that prohibited U.S. persons from doing business with them.

These individuals were determined by the U.S. to be “responsible for the erosion of human rights guarantees, persecution of political opponents, curtailment of press freedoms, use of violence and human rights violations and abuses in response to antigovernment protests, and arbitrary arrest and detention of antigovernment protesters, as well as significant corruption.”

The executive order was not directed at the people or economy of Venezuela.

The disputes over this executive order, however, are not over these provisions, but instead to its preamble, which states:

  • [T]he situation in Venezuela, including the Government of Venezuela’s erosion of human rights guarantees, persecution of political opponents, curtailment of press freedoms, use of violence and human rights violations and abuses in response to antigovernment protests, and arbitrary arrest and detention of antigovernment protestors, as well as the exacerbating presence of significant public corruption, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States, and [the President] hereby declare a national emergency to deal with that threat.” (Emphasis added.)

 Venezuela’s Response to the Executive Order [4]

On March 10 President Maduro requested the Venezuelan legislature to enact an Anti-Imperialist Enabling Law granting him power to enact laws by his decree for the rest of this year in order to “defend the peace, sovereignty and full development of Venezuela in the face of threats from the United States empire.” Maduro said “no one in the world could believe the assertion [that Venezuela posed a national security threat to the U.S.] since the Venezuelan people are known as ‘peaceful, democratic, humanist and have a foreign policy directed toward understanding and peace . . . leaders in the struggle for integration and unity.’”

On March 14, upon Maduro’s order, Venezuela conducted a military exercise to counter an alleged U.S. threat by deploying Venezuelan soldiers and partisans across the country to march, man shoulder-fired missiles and defend an oil refinery from a simulated attack. Venezuela’s navy also performed exercises in the Caribbean Sea.

On Sunday (March 15) Venezuela’s legislature granted the requested presidential decree powers, which Maduro says are necessary to defend the country from the U.S. and which his opponents say are to justify repression and distract Venezuelans from economic problems, including acute shortages. Indeed, the country is suffering the highest inflation in the Americas, long lines for food and medicine, and shortages of many basic products.

President Maduro immediately responded to the legislature’s action. He insisted that Venezuela was ready to talk, “one on one, face to face, with respect, without arrogance or hubris” with the U.S. The first item on the agenda for such a meeting, he said, would be the immediate rescission of President Obama’s executive order.

 Cuba’s Response to the Executive Order [5]

Since Venezuela is a major ally of Cuba and the supplier of oil to Cuba, it is not surprising that the Cuban press recently has been full of Cuba’s support of Venezuela, both before and after the issuance of the executive order. Here are some of those expressions of support:

  • On March 5, Granma, Cuba’s official newspaper, issued a laudatory article about Venezuela’s former President, Hugo Chávez. It said he was “remembered . . . for his charisma, his arousing speech, his sincerity, his constant anguish to deliver for his people. Those who knew him say he often felt as though he were plowing the sea with that desire, so characteristic of him, to remain loyal to the people.” Now, “two years after his departure, . . . Chávez will be awakened together with Bolívar, to continue guiding Venezuela and Latin America.”
  • On March 6, Cuban First Vice President of the Councils of State and Ministers (and the presumptive successor to Raúl Castro as President of Cuba), Miguel Díaz-Canel Bermúdez, was in Caracas to participate in the commemoration of the second anniversary of death of Chávez, and Díaz-Canel declared that Cuba always will be a true friend of the Bolivarian Revolution.
  • On March 9, immediately after the issuance of the executive order, the Cuban government reiterated “its unconditional support and that of our people for the Bolivarian Revolution, the legitimate government of President Nicolás Maduro Moros and the heroic sister nation of Venezuela.” The Cuban government stated, “Nobody has the right to intervene in the internal affairs of a sovereign State or to declare it, without grounds, a threat to its national security.” Venezuela does not have the resources or officials to threaten the United States, and the executive order “reaffirms . . . the interventionist nature of U.S. foreign policy.”
  • On March 10, Fidel Castro in a letter to President Maduro said, “I congratulate you on your brilliant and courageous speech against the brutal plans of the U.S. government. Your words go down in history as proof that humanity can and must know the truth.”
  • On March 13 Cuban Foreign Minister Bruno Rodriguez Parrilla said that any attack on Venezuela was also an attack on Cuba and that the U.S. “has provoked serious damage to the environment in the hemisphere on the eve of the Summit of the Americas.” He added, “I hope that the U.S. government understands that it can’t handle Cuba with a carrot and Venezuela with a garrote.”
  • On March 15 thousands of Cubans attended a concert in support of Venezuela at the University of Havana. One of the Cuban Five and a Hero of the Republic of Cuba, René González, addressed the crowd, saying, “We all had in mind the warning of Che that imperialism cannot be trusted,” and that warning was confirmed by the March 9th executive order.

Other Latin American Countries’ Reactions [6]

On March 14, at Venezuela’s request, the 12-nation Union of South American Nations (UNASUR) reaffirmed “their commitment to the full observance of international law, the Peaceful Settlement of Disputes and the principle of nonintervention” and reiterated their “call for governments to refrain from applying unilateral coercive measures that violate international law.” It, therefore, called on the U.S. “to evaluate and implement alternatives for dialogue with the government of Venezuela, under the principles of respect for sovereignty and self-determination of peoples.’ As a result, it requested “the repeal of that Executive Order.”

On March 17 the Bolivarian Alliance for the Peoples of Our Americas (ALBA), at the request of Venezuela, will meet in Caracas to declare solidarity with Venezuela in its disputes with the U.S.

Conclusion

Although I am not a close follower of events in Venezuela, I do know that the recent huge declines in world oil prices have devastated its economy, that it is suffering horrendous inflation forcing it to devalue its currency, that there are shortages of all sorts of consumer products and that its government has imprisoned dissidents, including the Mayor of Caracas.

I also believe that the U.S. government must have had good cause to impose sanctions on the seven individuals named in the executive order.

Therefore, the protests of Venezuela, Cuba and the other Latin American nations, in my opinion, are not justified. The U.S. hopes for a cordial Summit of the Americas next month in Panama to celebrate a U.S.-Cuba reconciliation, however, appear to have been scuttled.

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[1] Pons & Ellsworth, Update 3-Venezuela announces new currency system, large devaluation seen, Bloomberg (Feb. 10, 2015); Reuters, Venezuela Arrests Opposition Mayor Accused of Coup Plot, N.Y. Times (Feb. 19, 2015);  White House, Press Briefing by Press Secretary, Josh Earnest, 2/20/15 (Feb. 20, 2015); U.S. Dep’t State, Daily Press Briefing (Feb. 20, 2015); Assoc. Press, Lawyer: Jailed Caracas Mayor to Fight Conspiracy Charges, N. Y. Times (Feb. 21, 2015); Gupta, Venezuela Mayor Is Accused of U.S.-Backed Coup Plot, N.Y. Times (Feb. 21, 2015),

[2] Cuba’s official newspaper, Granma, parrotted the Venezuelan government’s version of events. (E.g.Venezuela faces a stroke of continued fate, Granma (Feb. 20, 2015); Statement of the Ministry of Foreign Affairs of the Republic of Cuba, Granma (Feb. 20, 2015).)

[3] White House, Executive Order—Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela (Mar. 9, 2015); White House, Fact Sheet: Venezuela Executive Order (Mar. 9, 2015); White House, Letter [to Speaker of U.S. House of Representatives]—Declaration of a National Emergency with respect to Venezuela (Mar. 9, 2015); White House, Statement by the Press Secretary on Venezuela (Mar. 9, 2015);DeYoung & Miroff, White House steps up sanctions against Venezuelans, Wash. Post (Mar. 9, 2015). The executive order was issued under (a) the International Emergency Economic Powers Act and (b) the Venezuela Defense of Human Rights and Civil Society Act of 2014. In section 2 of that latter statute, Congress found, among other things, that the Central Bank of Venezuela and the National Statistical Institute of Venezuela had determined that the annual inflation rate in Venezuela in 2013 was 56.30, the highest level of inflation in the Western Hemisphere and the third highest level in the world; that Venezuela’s currency controls have become the most problematic factor for doing business in the country; and that HumanRights Watch has reported the government intimidates,censors and prosecutes its critics.

[4] Editorial, In Venezuela, Punishing Scapegoats, N.Y. Times (Mar. 5, 2015); Toro & Kronicks, Venezuela’s Currency Circus, N.Y. Times (Mar. 6, 2015); Miroff & DeYoung, New U.S. sanctions lost in Venezuelan translation, Wash. Post (Mar. 11, 2015); Reuters, Mind Your Manners, Venezuela Tells U.S. Official, Jacobson, N.Y. times (Mar. 11, 2015); Neuman, Obama Hands Venezuelan Leader a Cause to Stir Support, N. Y. Times (Mar. 11, 2015); Editorial, A Failing Relationship with Venezuela, N. Y. Times (Mar. 12, 2015); Assoc. Press, Venezuela Conducts Military Exercises, Claims US Threat, N.Y. Times (Mar. 14, 2015); Reuters, Venezuela Stages Military Exercises to Counter U.S. ‘Threat,’ N.Y. Times (Mar. 15, 2015); Buitrago & Cawthorne, Elected officials grant Venezuela leader broad powers, Wash. Post (Mar. 15, 2015).

[5] Statement from the Revolutionary Government of the Republic of Cuba, Granma (Mar. 10, 2015); Letter from Fidel to Maduro, Granma (Mar. 10, 2015); Pasiero, Venezuela is sacred and to be respected, Granma (Mar. 10, 2015); Pasiero, Cuba reiterates its unconditional support of Venezuela, Granma (Mar. 6, 2015); Chávez, forever present, Granma (Mar. 5, 2015); Pasiero, Mature relationships requires respect for the United States, Granma (Mar. 16, 2015); Venezuela Are All, Granma (Mar. 16, 2015); Prada & Rodriguez, Voices for solidarity with Venezuela, Granma (Mar. 16, 2015).

[6] UNASUR, Press Union of South American Nations Executive Decree of The Government of the Unites States of Venezuela (Mar. 14, 2015); Assoc. Press, South American Bloc Demands US Revoke Venezuela Order, N.Y. Times (Mar. 14, 2015). UNASUR members are Argentina, Brazil, Bolivia, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela. ALBA members are Antigua and Barbuda, Bolivia, Cuba, Dominica, Ecuador, Grenada, Nicaragua, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and Grenadines and Venezuela.