drug-trafficking – dwkcommentaries

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.

U.S.-Cuba Bilateral Commission Sets Agenda for Future Discussions of Remaining Issues

On September 11, in Havana, the U.S.-Cuba Bilateral Commission held its first meeting. It decided on an agenda for the future discussions and hoped-for resolution of remaining issues regarding normalization of relations. The commission agreed to meet again in November in Washington, D.C. to review progress in these areas and to chart areas of cooperation for 2016.[1]

The agenda has been divided into three tracks, with the first encompassing issues where there is significant agreement and the possibility of short-term progress. These include re-establishing regularly scheduled flights, environmental protection, natural disaster response, health and combatting drug trafficking. A second track includes more difficult topics such as human rights, human trafficking, climate change and epidemics. The third includes complex, longer-term issues like the return of the U.S. base at Guantanamo Bay, U.S. damage claims over properties nationalized in Cuba after the 1959 revolution and Cuba’s damage claims for more than $300 billion in alleged economic damages from the U.S. embargo and for what it says are other acts of aggression.

Cuba reiterated its opposition to the comprehensive U.S. economic embargo, the U.S. occupation of Guantanamo and anti-communist radio and television broadcasts beamed into Cuba, but did not seek to place them on the agenda because they were measures unilaterally imposed by the United States.

Both sides agreed the discussions were full and frank, extensive, and conducted in a courteous and respectful manner.

Cuba’s delegation was led by Josefina Vidal Ferreiro, the Foreign Ministry’s director general for the United States, The U.S.’ by Deputy Assistant Secretary of State for South America and Cuba, Edward Alex Lee, accompanied by the Director of the Secretary’s Policy Planning Staff, David McKean; and Charge d’affaires ad interim Jeffery DeLaurentis. Below to the left is a photograph of the Cuban delegation; below to the right is a photograph of the U.S. delegation.

Vidal indicated that the both sides saw the start of the process as opening at least the possibility of an Obama visit to Cuba, saying that it is natural for countries with normal relations to receive visits from each other’s leaders.

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[1] This post is based upon the following: Cuba-U.S. Bilateral Commission to hold first meeting, Granma (Sept. 9, 2015); U.S. State Dep’t, Daily Press Briefing (Sept. 10, 2015); Reuters, U.S., Cuba Set Agenda on Improving Relations, N.Y. Times (Sept. 11, 2015); Assoc. Press, Cuba, US Launch Normalization Process, N.Y. Times (Sept. 11, 2015); U.S. State Dep’t, Daily Press Briefing (Sept. 11, 2015); Press Release of the Cuban delegation to the first meeting of the Cuba-US Bilateral Commission, (+ Photos), Granma (Sept. 11, 2015).

Spanish Court Dismisses Drug Trafficking Charges Against Foreign Sailors

On March 8^th a Spanish High Court judge dismissed drug trafficking charges against five Egyptian sailors. They had been captured in international waters on a non-Spanish boat with 10 tons of hashish.

The reason for the dismissal was the requirement of the new amendment to Spain’s universal jurisdiction statute for defendants to be Spanish citizens or residents, as discussed in a prior post.

Important for the dismissal, said the judge, was the international treaty against drug trafficking did not have provisions to “establish the jurisdiction of the national courts, but instead [the treaty] only requires cooperation” from governments.

This is a reference to the U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which provides as follows:

“Each Party [to the treaty] Shall take such measures as may be necessary to establish its jurisdiction over [certain offenses] . . . when: (a) i) The offence is committed in its territory; [or] ii) The offence is committed on board a vessel flying its flag or an aircraft which is registered under its laws at the time the offence is committed; [or] (b) i) The offence is committed by one of its nationals or by a person who has his habitual residence in its territory; [or] . . . (2) a) when the alleged offender is present in its territory and it does not extradite him to another Party on the ground: i) That the offence has been committed in its territory or on board a vessel flying its flag or an aircraft which was registered under its law at the time the offence was committed; or ii) That the offence has been committed by one of its nationals . . . .“ (Art. 4)

“The Parties [to the treaty] shall afford one another, pursuant to this article, the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to criminal offences established in accordance with article 3, paragraph 1[of the treaty].” (Art. 7(1) (emphasis added).)

Other similar cases will probably be dismissed on the same ground according to Spanish legal sources. Indeed, on April 11th a case against another eight drug-trafficking suspects who were from Syria was dismissed.

However, as discussed in a prior post and comments thereto, the Spanish High Court has refused to enforce the new amendment to the universal jurisdiction statute in cases charging violations of the treaty against genocide and the Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War.

These developments prompted an El Pais editorial criticizing Spain’s governing political party for having used a “fast-track” legislative procedure for adoption of the new amendment to the universal jurisdiction statute. If regular legislative procedures had been used, the editorial argued, it would have required “preliminary reports by the State Council and the Council of the Judiciary” that could have guaranteed “the technical quality of the new” amendment. Moreover, the editorial stated, “the principle of universal justice [should] still reach . . . far enough that its power as a deterrent is not undermined.”