U.S. and Cuba Sign Additional Agreements

This week the U.S. and Cuba have signed four additional agreements.[1]

On January 16 the two countries in Havana signed the U.S.-Cuba Law Enforcement Memorandum of Understanding (MOU) that was discussed in a prior post.

On January 18 in Havana, the U.S. and Cuba signed a Memorandum of Understanding to strengthen cooperation in the field of maritime and aeronautical search and rescue by enhancing effectiveness and efficiency in assisting persons in distress and to act in furtherance of obligations under international law. A Cuban official noted that the accord is particularly important to conducting joint and continued efforts to find and protect people in danger, that the two countries have been collaborating on search and rescue efforts for over 20 years and that in 2014 they had established procedural and operational frameworks for emergency cases. Jeffrey DeLaurentis, the Chargé d’Affaires of the U.S. Embassy, highlighted the importance of perfecting such efforts given the increase in authorized trade and the flow of travelers between both countries.

On January 18 the U.S. and Cuba joined with Mexico at the State Department in Washington, D.C. to sign a treaty to set territorial limits in contested Gulf of Mexico waters. The treaty covers the Eastern Gap of the Gulf of Mexico, an area believed to be rich in oil and gas deposits. The three countries’ overlapping claims in the Eastern Gap had created what is known as a “Doughnut Hole.” Trilateral discussions begun in mid-2016 on the maritime territorial issue were concluded by the end of the year. Because it is a treaty, for the U.S. it must be ratified by the U.S. Senate.

On January 19 in Havana the two countries signed a memorandum of understanding to help prevent the introduction and spread of quarantine pests, animal and plant disease agents through the exchange of scientific information, best practices for the prevention and control of plagues and emerging diseases, collaborative scientific projects, including the use of technology, research and surveillance, and the holding of events on specific aspects of animal and plant health. This MOU provides a specific framework for the cooperation in the field of animal and plant health, complementing the provisions of the MOU on cooperation in the field of agriculture and other related areas that was signed on March 21, 2016.

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[1] U.S. State Dep’t, United States and Cuba Sign Search and Rescue Agreement (Jan. 18, 2017); U.S. State Dep’t, United States and Cuba Sign Maritime Boundary Treaty (Jan. 18, 2017); Reuters, United States and Cuba Complete Deals as Trump Era Set to Begin, N.Y. Times (Jan. 18, 2017); Reuters, US, Mexico, Cuba Ready to Sign ‘Doughnut Hole” Deal in Gulf Waters, N.Y. Times (Jan. 18, 2017), DeYoung, U.S.-Cuba sign torrent of agreements under the inauguration wire, Wash. Post (Jan. 18, 2017); Hernandez, Cuba and U.S. sign search and rescue agreement, Granma (Jan. 18, 2017); Cuba Foreign Ministry, Cuba and United States Signed Treaty on the Delimitation of the Continental Shelf in the Eastern Polygon of the Gulf of Mexico (Jan. 18, 2017); Cuba Foreign Ministry, Cuba and the United States sign Memorandum of understanding in the field of animal and plant health (Jan. 20, 2017).

U.S. and Cuba Continue To Implement Normalization of Relations

President Obama in the final days of his presidency continues to press forward with additional implementation of the policy of normalization of relations with Cuba. The January 12 U.S.-Cuba agreement regarding migration associated with the U.S. ending two immigration benefits for Cubans was discussed in an earlier post.

Here we will discuss (a) the recent joint meeting regarding trafficking in persons; (b) another joint meeting regarding the two countries’ claims against each other; and (c) a new U.S.-Cuba Law Enforcement Memorandum of Understanding (MOU). Recent comments by Cuban leaders about President-elect Trump also will be discussed.

Meeting Regarding Trafficking in Persons

 On January 12 and 13 the two countries met in Washington, D.C. The Cuban delegation “outlined the measures that are being implemented in [Cuba] to prevent and address this scourge, as well as the support and assistance provided to the victims, as part of the “zero tolerance” policy implemented by Cuba in any form of trafficking in persons and other crimes related to sexual exploitation, labor, among others.”[1]

Meeting Regarding Claims

On January 12 the U.S. State Department announced that the two countries were meeting in Havana that day for the third government-to-government meeting on claims. The meeting was to build upon their previous discussions for an exchange of views on technical details and methodologies regarding outstanding claims.[2]

Outstanding U.S. claims include claims of U.S. nationals for expropriated property on the island in the early years of the Cuban Revolution that were certified by the Foreign Claims Settlement Commission, now with interest totaling $8 billion; claims related to unsatisfied U.S. court default judgments against Cuba; and claims held by the U.S. Government. The U.S. continues to view the resolution of these claims as a top priority.

Outstanding Cuban claims include those of the Cuban people for human and economic damages, as reflected in the default judgments issued by the Provincial People’s Court of Havana in 1999 and 2000 against the U.S. As stated in a prior post, these judgments were for $64 billion on behalf of eight Cuban social and mass organizations plus $54 billion on behalf of the Cuban Government for alleged U.S. efforts to subvert that government. (These were default judgments in that the U.S. did not appear or contest these lawsuits in Cuban courts.)

In addition, Cuba repeatedly has asserted at the U.N. General Assembly its damage claims against the U.S. for the latter’s embargo. Last November these alleged damages totaled $ 125 billion.

The representatives of both governments reiterated the importance and usefulness of continuing these exchanges.

As usual, the governments’ public announcements about these closed-door sessions are not illuminating. Prior posts have discussed some of these claims and proposed ways to resolve them, primarily by an international arbitration proceeding at the Permanent Court for Arbitration at The Hague in the Netherlands.[3]

Agreement Regarding Law Enforcement

On January 16, in Havana the MOU was signed by Jeffrey DeLaurentis, chief of mission at the U.S. Embassy in Havana, and Vice Adm. Julio Cesar Gandarilla, the newly appointed Cuban interior minister. It provides for the two countries “to cooperate in the fight against terrorism, drug trafficking, money laundering and other international criminal activities.”[4]

“The arrangement will establish a framework for strengthening our partnership on counternarcotics, counterterrorism, legal cooperation, and money laundering, including technical exchanges that contribute to a strong U.S.-Cuba law enforcement relationship,” the White House statement said. “The arrangement will establish a framework for strengthening our partnership on counternarcotics, counterterrorism, legal cooperation, and money laundering, including technical exchanges that contribute to a strong U.S.-Cuba law enforcement relationship,” the White House statement said.

The U.S. National Security Council stated, “The goals of the President’s Cuba policy have been simple: to help the Cuban people achieve a better future for themselves and to advance the interests of the United States. While significant differences between our governments continue, the progress of the last two years reminds the world of what is possible when we are defined not by the past but by the future we can build together.”

Granma from Havana reported that the agreement covered “the prevention and combating of terrorist acts; drug trafficking; crimes committed through the use of information and communication technologies, and cyber security issues of mutual interest; trafficking in persons; migrant smuggling; flora and fauna trafficking; money laundering; the falsification of identity and travel documents; contraband, including firearms, their parts, components, ammunition, explosives, cash and monetary instruments.”

Cuban Officials’ Recent Comments About President-elect Trump[5]

The Guardian from London reports that in a recent interview Josefina Vidal, Cuba’s top diplomat with respect to the U.S., said it is “‘too early” to predict which path the new administration will follow. “There are . . . [some] functionaries, businessmen [other than anti-normalization Cuban-Americans whom] Trump has named, including in government roles, who are in favor of business with Cuba, people who think that the US will benefit from cooperation with Cuba, on issues linked to the national security of the US.” Cuban officials say that they plan to wait for action rather than words because Trump has repeatedly flip-flopped on the issue of rapprochement – and also put his business interests above his country’s laws.

Nevertheless Vidal warned, “Aggression, pressure, conditions, impositions do not work with Cuba. This is not the way to attempt to have even a minimally civilized relationship with Cuba.”

Her analysis was echoed by Ricardo Alarcón, who spent 30 years representing Cuba at the United Nations and another 20 years as president of the country’s National Assembly, before retiring in 2013. He said, “For two years we have been talking to a sophisticated president with an intelligent, skillful discourse. Now we have a gentleman who is capable of saying anything and nobody is sure what he is going to do.”

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[1] Cuban and U.S. delegations discuss combating trafficking in persons, Granma (Jan. 16, 2017).

[2] U.S. State Dep’t, United States and Cuba to Hold Claims Discussion (Jan. 12, 2017); Cuba Foreign Ministry, Third Meeting on Mutual Compensation between Cuba and United States (Jan. 12, 2017).

[3] See generally posts listed in the “U.S. & Cuba Damage Claims” section of List of Posts to dwkcommentaries.com—Topical: CUBA.

[4] White House, Statement by NSC Spokesperson Ned Price on Deputy National Security Advisor Ben Rhodes’ Travel to Cuba (Jan. 16, 2017); U.S. Dep’t of State, United States and Cuba To Sign Law Enforcement Memorandum of Understanding (Jan. 16, 2017); Reuters, Cuba, United States to Fight Terrorism, Drug Trafficking and Other Crimes, N.Y. Times (Jan. 16, 2017); Assoc. Press, US, Cuban Interior Ministry Sign Law-Enforcement Deal, N.Y. Times (Jan. 16, 2017); Cuba and the U.S. sign Memorandum of Understanding to increase cooperation associated with their national security, Granma (Jan. 17, 2017).

[5] Yaffe & Watts, Top diplomatic negotiator in Cuba warns Trump: ‘aggression doesn’t work,’ Guardian (Jan. 17, 2017).

Subdued Commemoration of Second Anniversary of U.S.-Cuba Rapprochement    

December 17, 2016 was the second anniversary of Presidents Obama and Castro’s joint announcement that their two countries had embarked on the path of normalization and reconciliation. The U.S. commemoration of this date was subdued. The White House held a small gathering that was not widely publicized .The Cuban government, on the other hand, apparently did not hold any such event. But two Cuban publications published sketchy comments on the anniversary.

White House Commemoration[1]

On December 15, the Obama Administration hosted a private gathering across the street from the White House at the Eisenhower Executive Office Building. President Obama did not attend, but did send a letter to the 20 or so attendees encouraging them “to carry forward the work of strengthening our partnership in the years ahead.”

The gathering was addressed by Benjamin Rhodes, Deputy National Security Advisor; Jeffrey DeLaurentis, the acting U.S. ambassador in Havana; and three high-level officials from the U.S. Commerce, State and Treasury departments. Another speaker was

José Ramón Cabañas, the Cuban Ambassador in Washington. Also in attendance were U.S. Senator Patrick Leahy of Vermont and U.S. Representative Kathy Castor of Tampa, Florida, both Democrats.

Rhodes and DeLaurentis touted the administration’s accomplishments and, at different times, got emotional — Rhodes remembering support from Cuban-American friends in the wake of stinging criticism over his work, and DeLaurentis describing his work in Cuba, where he began and might end his diplomatic career, as the most rewarding of his life.

The attendees were Cuban Americans, Cuban government officials and business partners in Washington, including Miami entrepreneur Hugo Cancio, who publishes an arts magazine in Cuba; Felice Gorordo, founder of the Roots of Hope nonprofit; former U.S. Commerce Secretary Carlos Gutierrez; John McIntire, head of the Cuba Emprende Foundation; Miami attorney Ralph Patino; Giancarlo Sopo, founder of the CubaOne foundation, and Miami Foundation president and chief executive Javier Alberto Soto.

Another attendee, Ted Henken, a Baruch College sociology professor and Cuba expert, observed, “It was partly a celebration of what has been achieved, and a mourning” for the intense political fight that awaits.”

As Ric Herrero, former head of the pro-engagement Cuba Now group and the current president of Manos Americas, a social entrepreneurship nonprofit, put it, the gathering was “bittersweet. There was just a lot of gratitude toward the administration for their commitment to this cause and to everything they’ve done.” But they all were left with the questions: “What next? Where do we go from here? Because there is no certainty.”

Indeed, a chief concern among attendees was that Trump’s “volatile” personality could ignite a war of words with the Cubans, who have so far kept silent about the president-elect’s Cuba statements. On the other hand, attendees noted, Trump doesn’t have a clear political ideology, and could be more interested in showing up Obama on Cuba by negotiating more concessions.  However, Rhodes said, “We would like nothing more than the new administration to succeed beyond what we did.”

Obama supporters at the meeting thought that Trump had a willingness to keep negotiating with Raúl Castro’s government and that U.S. regulatory changes, following a top-to-bottom policy review, could take time–so long, perhaps, that by then Castro might near his own retirement, scheduled for February 2018.

“We’re living through a lot of uncertainty, but there’s a pretty strong consensus that Trump is going to realize that turning back the clock is going to be very difficult,” said Carlos Saladrigas, president of the Cuba Study Group. “Returning to a failed policy doesn’t make any sense.”

However, at a December 16 “thank You” rally in Ordlando, Flordia, Trump told the crowd, “America will also stand with the Cuban people in their long struggle for freedom. Their support has been unbelievable. The Cuban people. We know what we have to do, and we’ll do it. Don’t worry about it.”[2]

Cuban Observance

No Cuban commemoration event was found in searching Cuban public sources, Instead, two articles on the subject were found.[3]

The CubaDebate article reviewed some of the key things that had happened since December 17, 2014, while reiterating Cuba’s fervent desire for the U.S. to end its embargo (blockade) and to return Guantanamo Bay to the island. It also alleged that President Obama had done “much less than he could, given the broad executive powers that he [allegedly]possesses and that [allegedly] would have allowed him to reduce the blockade to its minimum expression.”

Nevertheless, the article stated, on December 7, 2016, Josefina Vidal of the Cuban government reaffirmed Cuba’s willingness to continue this process and expressed its hope that President-elect Donald Trump will take into account, when he takes office on January 20, what has been achieved” over the last two years.

These same points were essentially repeated in the article in Granma, the official newspaper of the Communist Party of Cuba. It also added the following points:

  • Obama had acknowledged for the first time that the U.S. policy of “aggression” [“hostility” would be more diplomatic] against Havana was a failure and had ended up isolating the U.S. itself. It also alleged that the U.S. methods were changing, but not its objective – regime change in Cuba.
  • The U.S. still has a ban on US investment in Cuba, except in the area of telecommunications.
  • The Cuban state sector, where more than 75% of the labor force is employed, remains deprived of selling its products to the U.S. with the sole exception of pharmaceuticals and biotechnology.Also, Cuban imports of goods produced in the U.S. that the state-owned enterprise can make are very restricted.
  • Although several months ago the US approved the use of the U.S. Dollar by Cuba in its international transactions, it has not yet been possible to make deposits in cash or payments to third parties in that currency, due to international banks’ fears of fines by the U.S.
  • The U.S. has not yet ended Radio and TV Marti programs aimed at Cuba.

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[1] Mazzei & Torres, Muted White House celebration marks Obama Cuba anniversary, Miami Herald (Dec. 17, 2016).

[2] Lemmongello, Trump thanks Florida at Orlando rally, Orlando Sentinel (Dec. 116, 2016).

[3] Cuba-US: After two years, much remains to be done, CubaDebate (Dec. 17, 2016); Gomez, The keys of December 17, Granma (Dec. 16, 2016).

 

U.S. and Cuba’s Efforts To Continue Normalization

With the impending arrival of the Trump Administration and twitterings that it might derail efforts at normalizing U.S.-Cuba relations, the Obama Administration, its U.S. allies and Cuba are continuing their efforts at that normalization. Let us examine these efforts by the latest U.S.-Cuba Bilateral Commission meeting, U.S. Senators and Representatives, Cuban entrepreneurs and a U.S. business coalition (Engage Cuba).

Latest Bilateral Commission Meeting[1]

On December 7 in Havana the U.S. and Cuba held another Bilateral Commission meeting to review the achievements of the Bilateral Commission since diplomatic relations were re-established in July 2015. It has prioritized and sequenced a number of bilateral initiatives. The U.S. and Cuba have established dialogues on law enforcement, claims, human rights, and economic and regulatory issues, and have continued biannual Migration Talks. The Bilateral Commission has provided a framework to address trafficking in persons and the return of fugitives, as well as to schedule technical exchanges on law enforcement and environmental issues.

In the last 18 months, the U.S. and Cuba have concluded 11 non-binding agreements, including Memoranda of Understanding on health, cancer research, agriculture, environmental cooperation, hydrography, marine protected areas, counter-narcotics, federal air marshals, civil aviation, and direct transportation of mail. In the coming weeks, the U.S. and Cuba expect to sign additional agreements formalizing cooperation on law enforcement, conservation, seismology, meteorology, search and rescue, and oil-spill response protocols.

The U.S. and Cuba have coordinated a number of high-level visits, including that of President Obama in March 2016, seven cabinet-level officials, and Dr. Jill Biden. U.S. governors from New York, Louisiana, Arkansas, Texas, Virginia, Missouri, and West Virginia have led trade delegations to Cuba since April 2015. More than 80 Members of Congress, both Democrats and Republicans, have visited Cuba in the last two years, many for the first time.

Purposeful travel by Americans to Cuba increased by approximately 75 percent from 2014 to 2015. Ten U.S. airlines now provide scheduled service between U.S. and Cuban cities, and Carnival cruises are docking in several Cuban cities, further connecting the U.S. and Cuban people.

Under the Bilateral Commission, the United States and Cuba expanded educational and cultural exchanges. The number of Cubans studying in the United States increased 63 percent in academic year 2015-16. More than 2,000 U.S. students visited Cuba as part of their academic program in academic year 2014-15. The U.S. welcomed the first Cuban Hubert H. Humphrey Fellow to the U.S.

Four U.S. cellular providers offer roaming service in Cuba, further connecting Cuba and the U.S.

The delegations agreed the Bilateral Commission has provided a framework for discussion of a wide range of issues. Where U.S. and Cuban interests align, including on counter-narcotics, health, and environmental issues, the U.S. and Cuba have made important strides for the benefit of both peoples. Where the two countries have disagreements, including on human rights, the U.S. and Cuba have articulated those differences in a clear, productive, and respectful manner. The dialogues and working groups that fall under the Bilateral Commission framework have allowed the U.S. and Cuba to establish working relationships with counterparts, which are essential to continued bilateral cooperation, advancement of U.S. interests, and progress toward normalization.

The Cuban delegation insisted that the U.S. blockade (embargo) has prevented significant results in economic and trade relations and that this measure must be ended before the two countries could have normal relations. Other conditions for normalization for Cuba are the U.S. returning to Cuba the territory allegedly illegally occupied by the U.S. Naval Base in Guantanamo and the U.S. elimination of other political interventions harmful to Cuban sovereignty.

The U.S. looks forward to hosting the next Bilateral Commission Meeting in Washington, DC at the earliest opportunity.

Acting Assistant Secretary of State for Western Hemisphere Affairs Mari Carmen Aponte led the U.S. delegation. Other members were U.S. Charge d’Affaires in Havana, Jeffrey DeLaurentis, and Deputy Assistant Secretary John Creamer. Josefina Vidal, the Foreign Ministry’s Director General for U.S. Affairs, led the Cuban delegation.

At a subsequent press conference Josefina Vidal said Cuba hopes “the new U.S. government takes into account the results we have achieved… that are backed by the majority of the Cuban population (and) U.S. citizens.”

U.S. Senators and Representatives[2]

On December 7 Minnesota’s U.S. Senator Amy Klobuchar (Dem.) and Representative Tom Emmer (Rep.) and four Cuban women entrepreneurs held a press conference on Capitol Hill to urge President-elect Donald Trump to keep Obama administration initiatives relaxing trade and travel restrictions for Americans wanting to travel to and work with Cuba and to end the U.S. embargo of the island.

Klobuchar said, “For far too long, U.S.-Cuba policy has been defined by the conflicts of the past instead of the realities of today and the possibilities for the future. I’ve spoken with business owners in Cuba and in Minnesota who look forward to the new economic opportunities that would come with lifting the embargo. We need to turn the page on the failed policy of isolation and build on the progress we have made to open up engagement with Cuba by ending the embargo once and for all.”

Emmer added, “Over the past two years there have been important changes on the island just 90 miles off our coast. The private-sector economy in Cuba continues to grow and today, we heard from four incredible young women who have excelled as entrepreneurs and are eager for the ability to grow, expand and continue their success. I look forward to working with President-elect Trump and the 115th Congress to make their success a reality and provide new opportunities for both Cubans and Americans alike.”

One of the Cuban women, Marla Recio Carbajal, founder and president of Havana Reverie, an upscale event and wedding planning company that caters primarily to U.S. travelers and companies, said Havana businesses are bustling, thanks in part to the relaxation on restrictions and that her business was doing well because of American interest in the country.

Separately Emmer as the Chair of the U.S. House of Representatives’ Cuba Working Group [3] and 16 Republican and Democratic members of that Group recently sent a letter to President-elect Trump urging the new administration’s support for the restoration of U.S. engagement with Cuba.  The letter stated the following:

  • “Americans support the easing of commercial restrictions in Cuba because it will result in increased jobs, economic growth and productivity gains for the United States economy.  In fact, the U.S. International Trade Commission (USITC) released a report earlier this year that found if U.S. restrictions on Cuba were lifted, U.S. exports of selected agricultural and manufactured goods could increase to a total of roughly $2.2 billion, up from a mere $180 million in 2015.  Policies that improve commercial relations could potentially create thousands of jobs here in the United States and open valuable new markets for our exports. The restrictions the U.S. government imposes on American business activity in Cuba have not only stymied America’s economic potential, they have provided the repressive Cuban regime with an excuse on which to place blame for their own economic woes.  Additionally, there is little credible evidence that sanctions have improved the human rights situation in Cuba, a top priority of the CWG.”
  • “The recent death of Fidel Castro represents a dawn of a new era in Cuban leadership and America must use this opportunity to help chart a new course for Cuba’s future.  We believe America’s greatest ambassadors – the American people and the U.S. private sector – will always be the most effective conduit for the spread of American influence. Continued engagement by our citizens and businesses will help to empower the Cuban people, facilitate economic reforms, and promote the expansion of civil and religious liberties.”
  • “{I]mproving our relationship with Cuba would also align the U.S. government with the will of the American people and improve our standing with our regional allies.  Recent polling from the Pew Research Center show that 73 percent of voters supported renewed diplomatic relations and 72 percent support ending the embargo. In addition, a recent poll out of Florida International University showed that 63 percent of Cuban-Americans in Miami want to see the embargo lifted.  Global support for the normalization of our relations also remains overwhelming, particularly among some of our most important economic and security partners in Latin America.”

As mentioned in other posts, Klobuchar and Emmer are the authors of bills in the current session of Congress to end the embargo. Klobuchar’s is the Freedom to Export to Cuba Act, which currently has 25 Senate cosponsors. Emmer’s is the Cuba Trade Act.[4]

Cuban Entrepreneurs and Engage Cuba[5]

On December 7 Engage Cuba, a national advocacy organization dedicated to dismantling the U.S. embargo on Cuba, released a letter to President-elect Trump from 83 Cuban entrepreneurs that said they “have experienced a great deal of change over the last several years. Changes by our government allow for increased private sector activity and we’ve seen significant growth in small businesses in our country. Over a half of million people now work in the private sector, earning considerably more money than state jobs and offering more autonomy in business decisions. We’re hopeful that our government will make additional changes to the legal framework and market conditions in the future.”

Moreover, the Cuban entrepreneurs said U.S. government reforms “to allow for increased travel, telecom services and banking have helped substantially as we attempt to grow our businesses. . . . Increased interaction and business dealings with U.S. travelers and U.S. companies [have] had important economic benefits, the exchanges of ideas and knowledge, and offered much hope for the future. . . . Additional measures to increase travel, trade and investment, including working with the U.S. Congress to lift the embargo, will benefit our companies, the Cuban people and U.S. national interests. We look forward to taking advantage of any openings that your administration makes to the Cuban private sector and the Cuban economy as a whole.”

That same day, the President of Engage Cuba, James Williams, said he remains hopeful that Trump, a businessman, will not reverse the work already done. “There is no business in the world that would continue a strategy that has failed for 55 years. We see no reason why he would do the same with the U.S. government,” he said. “We’re hopeful that he will continue to build on the progress of the last two years that has helped U.S. businesses and created positive changes for the Cuban people.”

Conclusion

Thanks to Senator Klobuchar, Representative Emmer, the House of Representatives Cuba Working Group, Cuban entrepreneurs and Engage Cuba for continuing their efforts at U.S.-Cuba normalization and urging the future Trump Administration to do the same.

All U.S. citizens who believe that this normalization should continue should thank the above people for their efforts and urge other elected officials to join the fight.

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 [1] State Dept, Daily Press Briefing (Dec. 6, 2016); Cuba Foreign Ministry, Cuba and the United States will hold the fifth Bilateral Commission Meeting (Dec. 6, 2016); Cuba Foreign Ministry, Press Release of the Cuban Delegation to the Fifth Meeting of the Cuba-U.S. Bilateral Commission. Havana, December 7, 2016; Peraza, Cuba reaffirms willingness to continue working to improve relations with the United States, Granma (Dec. 7, 2016); State Dep’t, Press Release: United States and Cuba Hold Fifth Bilateral Commission Meeting in Havana, Cuba (Dec. 7, 2016); Reuters, Cuba Wants to Sign Accords With US Before Obama Exit: Officials (Dec. 8, 2016).

[2] Sherry, Klobuchar, Emmer urge Trump to keep Obama’s Cuba policies, StarTribune (Dec. 8, 2016); Emmer, Klobuchar, Emmer and Bipartisan Congressional Coalition Highlight the Need for Congress to Lift the Trade Embargo with Cuba (Dec. 7, 2016); Emmer, Bipartisan Cuba Working Group Encourages President-elect Trump to Continue U.S. Engagement Efforts with Cuba (Dec. 8, 2016).

[3] The U.S. House of Representatives’ Cuba Working Group was established to promote increased trade, travel and investment in Cuba, open new markets, create jobs in both countries, promote human rights and improve the security posture of the United States. Two other Minnesota members of the Group signed the above letter: Representatives Betty McCollum and Rick Nolan.

[4] Klobuchar and Emmer’s bills were discussed in earlier posts.

[5] Engage Cuba, Cuban Entrepreneurs Announce Letter to President-elect Donald Trump (Dec. 7, 2016).

U.S. Reactions to the Death of Fidel Castro

The November 25th death of Fidel Castro has prompted comments from President-Elect Donald Trump and his aides, the Obama Administration, U.S. Senators and Representatives, U.S. editorial boards and columnists and U.S. business interests and others. All of this has fueled speculation about the future Trump Administration’s policies regarding Cuba. These topics will be explored in this post along with this blogger’s observations.

President-Elect Trump and His Aides[1]

On Saturday morning after Castro’s death the previous night, Donald Trump tweeted, “Fidel Castro is dead!” Later that same day he issued this statement:”Though the tragedies, deaths and pain caused by Fidel Castro cannot be erased, our administration will do all it can to ensure the Cuban people can finally begin their journey toward prosperity and liberty. While Cuba remains a totalitarian island, it is my hope that today marks a move away from the horrors endured for too long, and toward a future in which the wonderful Cuban people finally live in the freedom they so richly deserve.”

Vice President-Elect Mike Pence on Saturday voiced a similar reaction in a tweet: “The tyrant Castro is dead. New hope dawns. We will stand with the oppressed Cuban people for a free and democratic Cuba. Viva Cuba Libre!”

On November 28, Trump issued another tweet on the subject. He said, “If Cuba is unwilling to make a better deal for the Cuban people, the Cuban/American people and the U.S. as a whole, I will terminate deal.”

These comments were corroborated by Trump’s top aides.

On Sunday, November 27, two of the aides said that Trump would demand the release of political prisoners held in Cuba and push the government to allow more religious and economic freedoms. Reince Priebus, the incoming White House chief of staff, said the president-elect “absolutely” would reverse Mr. Obama’s policies if he didn’t get what he wanted from Cuba. “We’re not going to have a unilateral deal coming from Cuba back to the [U.S.] without some changes in their government. Repression, open markets, freedom of religion, political prisoners—these things need to change in order to have open and free relationships, and that’s what president-elect Trump believes, and that’s where he’s going to head.” Similar comments were made the same day by Trump’s spokeswoman, Kellyanne Conway.

On Monday, November 28, Trump spokesman Jason Miller gave this more nuanced statement to reporters: “Clearly, Cuba is a very complex topic, and the president-elect is aware of the nuances and complexities regarding the challenges that the island and the Cuban people face. This has been an important issue, and it will continue to be one. Our priorities are the release of political prisoners, return of fugitives from American law, and also political and religious freedoms for all Cubans living in oppression.”

The Obama Administration[2]

President Barack Obama’s statement extended the U.S. “hand of friendship to the Cuban people” and stated that “history will record and judge the enormous impact of this singular figure on the people and world around him.” According to the President, Cubans “will recall the past and also look to the future. As they do, the Cuban people must know that they have a friend and partner” in America.

U.S. Secretary of State John Kerry issued a similar positive statement. He extended “our condolences to the Cuban people today as they mourn the passing of Fidel Castro. Over more than half a century, he played an outsized role in their lives, and he influenced the direction of regional, even global affairs. As our two countries continue to move forward on the process of normalization — restoring the economic, diplomatic and cultural ties severed by a troubled past — we do so in a spirit of friendship and with an earnest desire not to ignore history but to write a new and better future for our two peoples.”

On November 28 White House Press Secretary Josh Earnest responded to several questions about Cuba and Castro’s death. Here are a few of those responses:

  • For the U.S., “I wouldn’t expect any impact [of Castro’s death] on the kind of progress that we’re committed to making on our end to begin to normalize relations with Cuba.”
  • “[W]e have seen . . . greater freedom for American citizens to visit Cuba, to send money to family members in Cuba, to engage in business and seek business opportunities in Cuba.  It also enhanced the ability of the [U.S.] government to maintain an embassy in Cuba where U.S. officials can more effectively not just engage with government officials in Cuba but also those activists in civil society that are fighting for greater freedoms. . . . They also facilitate the kind of people-to-people ties that we believe will be more effective in bringing freedom and opportunity to the Cuban people, something that they have long sought and been denied by the Cuban government.  And after five decades of not seeing any results, the President believed it was time to see something different. . . . [We] clearly haven’t seen all the results that we would like to see, but we’re pleased with the progress.”
  • Castro “obviously is a towering figure who had a profound impact on the history of not just his country but the Western Hemisphere.  There certainly is no whitewashing the kinds of activities that he ordered and that his government presided over that go against the very values that . . . our country has long defended.”
  • “[T]here is no doubt that we would like to see the Cuban government do more [on human rights], but this policy has not even been in place for two years.  But we certainly have enjoyed more benefits than was enjoyed under the previous policy that was in place for more than 50 years and didn’t bring about the kinds of benefits or the kinds of progress that we would like to see.”
  • “[T]hose Cuban citizens that do work in industries, like cab drivers or working in restaurants, even Airbnb owners, are benefitting from the enhanced economic activity between Cuban citizens and American citizens who are visiting Cuba.  They are paid at a higher rate, and they’re enjoying more economic activity than they otherwise would because of this policy to normalize relations with Cuba. . . . [T]here is a growing entrepreneurial sector inside of Cuba that is benefitting from greater engagement with the United States.  That’s a good thing, and that is a benefit that is enjoyed by the Cuban people directly.”
  • “[T]here certainly is no denying the kind of violence that occurred in Cuba under the watch of the Castro regime.  There has been no effort to whitewash the history, either the history between the United States and Cuba or the history of what transpired in Cuba while Mr. Castro was leading the country.”
  • “That’s why upwards of 90 percent of the Cuban people actually support this policy and they welcome the greater engagement with the United States.  They welcome the increased remittances that are provided Cuban-Americans to family members in Cuba.  They welcome the increase in travel by American citizens to Cuba.  There’s a lot to offer.  And the Cuban people certainly benefit from that kind of greater engagement.  And that’s why the President has pursued this policy.”
  • The U.S. “relationship with countries throughout the Western Hemisphere, particularly in Latin America, is as strong as it’s been in generations. And all of that would be undone by the reinstitution of a policy that has failed after having been in place for more than five decades.”

The next day, November 28, Press Secretary Ernest announced that the U.S. will not send a formal delegation to Cuba to attend the Castro funeral but instead will dispatch a top White House aide and a principal Cuba-normalization negotiator, Benjamin J. Rhodes, to be joined by , the top U.S. diplomat in Cuba.

U.S. Senators and Representatives[3]

Senator Bob Corker (Rep., TN), the Chair of the Senate Foreign Relations Committee, stated, Under Fidel Castro’s brutal and oppressive dictatorship, the Cuban people have suffered politically and economically for decades, and it is my hope that his passing might turn the page toward a better way of life for the many who have dreamed of a better future for their country. Subsequently after meeting with Mr. Trump about a possible appointment as Secretary of State, Corker said Mr. Trump’s “instincts on foreign policy are obviously very, very good.”

The Ranking Member of that committee, Senator Ben Cardin (Dem., MD), said, “The news of Fidel Castro’s death brings with it an opportunity to close the deep divisions that have been suffered by Cuban society and by Cuban Americans in the U.S.  For Castro’s purported goals of social and economic development to be attained, it is now time for a half-century of authoritarian rule to give way to the restoration of democracy and the reform of a system the has denied Cuba’s citizens their basic human rights and individuals freedoms. As the United States awaits a new Administration, we must continue our partnership with the Cuban people as they seek to build a more hopeful future for their country.”

Senator Marco Rubio of Florida, a Cuban-American and Republican presidential candidate this year, said in a statement: “Sadly, Fidel Castro’s death does not mean freedom for the Cuban people or justice for the democratic activists, religious leaders, and political opponents he and his brother have jailed and persecuted. The dictator has died, but the dictatorship has not…The future of Cuba ultimately remains in the hands of the Cuban people, and now more than ever Congress and the new administration must stand with them against their brutal rulers and support their struggle for freedom and basic human rights.” Senator Bob Menendez (Dem., N.J.), a Cuban-American who has opposed Mr. Obama’s policy, issued a similar statement.

Senator Jeff Flake (Rep., AZ), who has supported normalization and is the lead author of a Senate bill to end the embargo, merely said, “Fidel Castro’s death follows more than a half century of brutal repression and misery. The Cuban people deserve better in the years ahead.”

Minnesota’s Senator Amy Klobuchar (Dem.), the author of a Senate bill to end the U.S. embargo of the island, said the following: “Passing my bill with Republican Senator Jeff Flake to lift the trade embargo with Cuba would create jobs and increase exports for American farmers and businesses, and it could create unprecedented opportunity for the Cuban people. For far too long, U.S.-Cuba policy has been defined by the conflicts of the past instead of the realities of today and the possibilities for the future. The Cuban and American people are ahead of their governments in terms of wanting to see change. We need to seize this opportunity and lift the trade embargo.”

Minnesota’s other Senator, Al Franken (Dem.) said that, in the wake of Castro’s death, he hopes the Obama administration’s work to repair relations with the island nation is upheld by a new administration. “Over the past few years, we’ve made important strides to open up diplomatic relations with Cuba, and now I urge the country’s leadership to put a strong focus on improving human rights and democracy.”

On the House side, one of Minnesota’s Republican representative and an author of a bill to end the embargo, Tom Emmer, said that Congress should seize the opportunity to “assist in the transition to a democracy and market economy” in Cuba and denounced “isolation and exclusion.” He added, “The passing of Fidel Castro is yet another reminder that a new day is dawning in Cuba. As the remaining vestiges of the Cold War continue to fade, the United States has a chance to help usher in a new Cuba; a Cuba where every citizen has the rights, freedom and opportunity they deserve.”

The statement from the Speaker of the House, Paul Ryan (Rep., WI), stated, “Now that Fidel Castro is dead, the cruelty and oppression of his regime should die with him. Sadly, much work remains to secure the freedom of the Cuban people, and the United States must be fully committed to that work. Today let us reflect on the memory and sacrifices of all those who have suffered under the Castros.”

U.S. Editorial Boards and Columnists[4]

The New York Times’ editorial opposed any retreat from normalization. It said such a move would be “extremely shortsighted.” The new process of normalization, it says, “has helped establish conditions for ordinary Cubans to have greater autonomy in a society long run as a police state. It has also enabled Cuban-Americans to play a larger role in shaping the nation’s future, primarily by providing capital for the island’s nascent private sector. While the Cuban government and the Obama White House continue to have profound disagreements on issues such as human rights, the two governments have established a robust bilateral agenda that includes cooperation on environmental policy, maritime issues, migration, organized crime and responses to pandemics. These hard-won diplomatic achievements have benefited both sides.”

 If, on the other hand, said the Times, the normalization process is abandoned, U.S.-Cuba “cooperation is likely to wane. That would only embolden hard-liners in the Cuban regime who are leery of mending ties with the United States and are committed to maintaining Cuba as a repressive socialist bulwark. In Mr. Trump, they may find the ideal foil to stoke nationalism among Cubans who are fiercely protective of their nation’s sovereignty and right to self-determination.”

The editorial from the Washington Post, while criticizing some aspects of President Obama’s opening to Cuba, stated U.S. policy should “align itself with the hopes of ordinary Cubans and the legitimate demands of the island’s pro-democracy movements. That does not necessarily mean reversing the renewal of diplomatic relations and relaxed restrictions on the movement of people and goods; most Cubans still want that. But it should mean that official exchanges with the regime, and any concessions that benefit it, should be tied to tangible reforms that benefit the public: greater Internet access, expansion of space for private business and tolerance of critical speech and assembly by such groups as the Ladies in White.”

Conservative columnists and commentators welcomed Fidel’s death. George Will hoped, if not reasonably expected, “to have seen the last of charismatic totalitarians worshiped by political pilgrims from open societies. Experience suggests there will always be tyranny tourists in flight from what they consider the boring banality of bourgeois society and eager for the excitement of sojourns in ‘progressive’ despotisms that they are free to admire and then leave. Carlos Eire, a Cuban exile, author and the T.L. Riggs Professor of History and Religious Studies at Yale University, suggested a 13-point negative epitaph for Fidel’s tomb. The first point was: ”He turned Cuba into a colony of the Soviet Union and nearly caused a nuclear holocaust.” The last point was this: “He never apologized for any of his crimes and never stood trial for them.”

Another Washington Post columnist, Kathleen Parker, agreed that Fidel was a terrible dictator, but argued that Mr. Trump “should understand that Fidel Castro loved the embargo more than anyone because, as ever, he could blame the [U.S.] for his failures. For Trump to fall into this same trap [by keeping the embargo] would be a postmortem gift to Castro and breathe new life into a cruel legacy — the dictator’s final triumph over the [U.S.] and the several American presidents who could never quite bury him.”

U.S. Business Interests and Others[5]

Important interests that typically are regarded as important by Republicans are arguing against any retreats from the Obama Administration’s pursuit of normalization of Cuba relations

First, many U.S. companies are now deeply invested in Cuba under the current administration’s policy. These companies include major airlines, hotel operators and technology providers, while big U.S. phone carriers have signed roaming agreements on the island. “I think the American business community would be strongly opposed to rolling back President Obama’s changes, and strongly in favor of continuing the path toward normalization of economic and diplomatic relations,” said Jake Colvin, vice president of the National Foreign Trade Council.

Second, the U.S. farming industry is strongly supportive of normalization of U.S.-Cuba relations. For example, Kevin Paap, president of the Minnesota Farm Bureau, does not want the next administration to take any steps that would put U.S. farmers at a further disadvantage in the Cuban market. “Every other country in the world has diplomatic and trade relations with Cuba, and what we don’t want to do is lose that market share to the European Union, Brazil, Argentina.” Mr. Paap added that U.S. market share in Cuba has decreased in recent years as other countries are able to provide better financing.

But agricultural producers across the country, from rice producers in Louisiana to Northwest apple farmers to Kansas wheat growers have pushed for more, including lifting a ban prohibiting Cuba from buying American agricultural goods with U.S. credit.

Cuba’s wheat consumption is about 50 million barrels a year, said Daniel Heady, director of governmental affairs at the Kansas Association of Wheat Growers. Although not a huge market, “it’s right off the coast and it would be extremely easy for us to deliver our product.” “It is something that Kansas farmers are extremely interested in,” Heady said. “In a world of extremely depressed commodity prices, especially wheat, 50 million bushels looks extremely good right now.”

Republican governors from Texas, Arkansas and elsewhere have led trade delegations to Cuba, along with their state farm bureaus and chambers of commerce.

A U.S. journalist with extensive experience with Cuba, Nick Miroff, echoed these thoughts. He said, “A return to more hostile [U.S.-Cuba] relations . . . could also bring a new crackdown in Cuba and further slow the pace of Raúl Castro’s modest liberalization  measures at a time of stalling economic growth. Hard-liners in Cuba’s Communist Party would gladly take the country back to a simpler time, when the antagonism of the United States — not the failure of government policies — was to blame for the island’s problems, and the threat of attack, real or imagined, was used to justify authoritarian political control.’

Moreover, according to a Wall Street Journal report, any U.S. abandonment of normalization with Cuba “could drive a new wedge between Washington and Latin America . . . not only by leftist allies of Cuba like Venezuela and Bolivia but also by conservative governments in Brazil, Chile, Mexico and Colombia. It would also likely complicate regional cooperation on a range of issues, from immigration to security and anti-drug efforts.”

In Miami, many of the island’s exiles and their children and grandchildren took to the streets, banging pots and pans, waving American and Cuban flags, and celebrating in Spanish: “He’s dead! He’s dead!”

Meanwhile in faraway Minnesota, even though it has relatively few Cuban exiles, celebrated its Cuban connections. They range from festivals and restaurants in the Twin Cities that preserve and highlight Cuban culture. Its politicians in Washington, D.C. have been leaders in efforts to lift the trade embargo on Cuba, citing the potential for economic and political advancements and job growth. Christian communities in Minnesota also value their religious and moral obligations to Cubans. Cuba’s expanded Mariel Port could carry Minnesota-made goods. Other Minnesota-based companies, including Sun Country Airlines, Radisson Hotels and Cargill, could benefit from lifting the embargo.

Last year the Minnesota Orchestra took a historic trip to Cuba as the first U.S. orchestra to perform there since Obama began negotiations in 2014. Next June, some Orchestra members will perform in Cuba again along with Minnesota Youth Symphonies. They also will be joined by Cuban-American jazz musician, Ignacio “Nachito” Herrera, and his wife, who works as an attorney. Herrera grew up during the Cuban Revolution and credits Castro’s leadership for the career opportunities he and his wife have achieved. Indeed, Herrera met Castro in the 1980s while being recognized in a Classic World Piano competition. Castro was humble, Herrera said, and deeply curious about his accomplishments.

Concluding Observations

This blog consistently has applauded the U.S. pursuing normalization with Cuba. The death of Fidel Castro does not change that opinion and advocacy. Fundamentally I agree with President Obama that the 50-plus years of U.S. hostility towards Cuba has not worked—it has not persuaded or forced Cuba to change its ways and it has interfered with our having friendly relations with countries throughout the world, especially in Latin America.[6]

Indeed, the countries of the Western Hemisphere in their Summits of the Americas have made it clear to fellow member the U.S. that they would no longer reluctantly acquiesce in the U.S. desire to exclude Cuba from such Summits, and at the last such gathering in 2015, after the announcement of U.S.-Cuba normalization they praised both countries for this move.[7]

The broader world disapproval of the U.S. hostility towards Cuba is shown by the annual overwhelming approvals of resolutions condemning the U.S. embargo of the island by the U.N. General Assembly. Nor should the U.S. continue to ignore its very large contingent liability to Cuba for its alleged damages from the embargo. (The U.S., of course, disputes this contingent liability, but prudence for any nation or entity facing such a large contingent liability dictates cutting off that risk by stopping the behavior that allegedly triggers the risk.)[8]

Opponents of normalization usually point to Cuban deficiencies on human rights and democracy. But such opposition fails to recognize or admit that the U.S. does not have a perfect record on these issues, including this year’s U.S. election and efforts at voter suppression and the U.S. indirect election of the president and vice president via the Electoral College. Moreover, such opponents also fail to recognize or admit that at least some Cuban limits on dissent and demonstrations undoubtedly are triggered by their fear or suspicion that the U.S. via its so-called covert or undercover “democracy promotion” programs in Cuba is financing or otherwise supporting these efforts at regime change on the island. Finally as part of the efforts at normalization the U.S. and Cuba have been having respectful dialogues about human rights issues.[9]

Another issue sometimes raised by opponents of normalization is Cuba’s failure to provide financial compensation to U.S. persons for Cuba’s expropriation of their property in the early years of the Revolution. But such criticism fails to recognize that Cuba has paid compensation to persons from other countries for such expropriation, that it is in Cuba’s interest to do the same for U.S. persons, that the two countries have been respectfully discussing this issue as well, and there is no reason to expect that this issue cannot be resolved peacefully.[10]

Opponents of normalization also seem to believe or assume that only the U.S. and Cuba are involved in these issues. That, however, is not true. Perhaps precipitated by the December 2014 announcement that Cuba and the U.S. had agreed to seek normalization and reconciliation, other countries, especially the members of the European Union, have been accelerating their efforts to resolve differences with Cuba so that the U.S. will not beat them to gain competitive advantages with the island. China also is another competitor.[11]

Finally Cuba’s current major ally, Venezuela, obviously is near collapse and being forced to reduce its support of Cuba, thereby threatening Cuba’s stability and viability. The U.S. does not want to see Cuba become a failed state 90 miles away from the U.S. Such a situation is even more dire today according to Tom Friedman’s new book, Thank You for Being Late: An Optimist’s Guide to Thriving in the Age of Accelerations. He asserts at page 270 that it “may even be more difficult [for inhabitants of a failed state to reconstitute itself] in the age of accelerations. The lifelong learning opportunities you need to provide to your population, the infrastructure you need to take advantage of the global flows [of information], and the pace of innovation you need to maintain a growing economy have all become harder to achieve. . . . Catching up is going to be very, very difficult.”

For the U.S., once again, to act like an arrogant bully towards Cuba will not achieve any good result. All U.S. citizens interested in Cuba’s welfare and having good relations with the U.S. need to resist any efforts by the new Administration to undo the progress of the last two years.

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[1] Assoc. Press, Trump Slams Recount Push as ‘a Scam,’ Says Election Is Over, N.Y. Times (Nov. 26, 2016); Reuters, Trump Says He Will do All He Can to Help Cuban People, N.Y. Times (Nov. 26, 2016); Assoc. Press, Vice-President-Elect Pence Says ‘New Hope Dawns’ for Cuba, N.Y. Times (Nov. 26, 2016); Assoc. Press, Trump Aides Say Cuban Government Will Have to Change, N.Y. Times (Nov. 27, 2016); Flaherty, Trump aides say Cuban government will have to change, StarTrib. (Nov. 27, 2016); Schwartz & Lee, Death of Fidel Castro May Pressure Donald Trump on Cuba Promises, W.S.J. (Nov. 27, 2016); Mazzei, Trump pledges to ‘terminate’ opening to Cuba absent ‘better deal,’ Miami Herald (Nov. 28, 2016); Cave, Ahmed & Davis, Donald Trump’s Threat to Close Door Reopens Old Wounds in Cuba, N.Y. Times (Nov. 28, 2016).

[2]   White House, Statement by the President on the Passing of Fidel Castro (Nov. 26, 2016); U.S. State Dep’t, Secretary Kerry: The Passing of Fidel Castro (Nov. 26, 2016); White House, Press Briefing by Press Secretary Josh Earnest, 11/28/16; White House, Press Briefing by Press Secretary Josh Earnest, 11/29/16; Harris, Obama to Send Aide to Fidel Castro’s Funeral, N.Y. Times (Nov. 29, 2016).

[3] Sen. For. Rel. Comm., Corker Statement on the Death of Fidel Castro (Nov. 26, 2016); Griffiths, Corker praises Trump as State Department speculation continues, Politico (Nov. 29, 2016; Sen. For. Rel. Comm, Cardin Statement on the Death of Fidel Castro (Nov. 26, 2016); Rubio, Rubio: History Will Remember Fidel Castro as an Evil, Murderous Dictator (Nov. 26, 2016); Menendez, Senator Menendez on Death of Fidel Castro (Nov. 26, 2016); Flake, Flake Statement on the Death of Fidel Castro (Nov. 26, 2016); Ryan, Statement on the Death of Fidel Castro (Nov. 26, 2016);The latest: US House Leader Urges Remembering Castro Cruelty, N.Y. Times (Nov. 26, 2016); Klobuchar, Klobuchar Statement on Passing of Fidel Castro (Nov. 26, 2016); Emmer, Emmer Statement on Death of Fidel Castro (Nov. 26, 2016).

[4] Editorial, Threatening Cuba Will Backfire, N.Y. Times (Nov. 29, 2016); Editorial,Editorial, Fidel Castro’s terrible legacy, Wash. Post (Nov. 26, 2016); Fidel Castro’s demise can’t guarantee freedom for the people of Cuba, Wash. Post (Nov. 28, 2016); Will, Fidel Castro and dead utopianism, Wash. Post (Nov. 26, 2016); Eire, Farewell to Cuba’s brutal Big Brother, Wash. Post (Nov. 26, 2016); Parker, Don’t give Fidel Castro the last laugh, Wash. Post (Nov. 29, 2016). Eire is the author of Learning To Die in Miami: Confessions of A Refugee Boy (2010) and Waiting for Snow in Havana (2003).

[5] DeYoung, Trump’s threat to terminate opening to Cuba may draw opposition from business, Republican states, Wash. Post (Nov. 29, 2016); Miroff, Cuba faces renewed tensions with U.S., but without Fidel Castro, its field marshal, Wash. Post (Nov. 28, 2016); Dube & Johnson, Donald Trump’s Line on Cuba Unsettles Latin America, W.S.J. (Nov. 28, 2016); Klobuchar, Minnesota Artists, Leaders Reflect on Castro’s Legacy (Nov. 26, 2016);  Miroff & Booth, In wake of Castro’s death, his legacy is debated, Wash. Post (Nov. 28, 2016).

[6] See List of Posts to dwkcommentaries—Topical: CUBA.

[7] Previous posts have discussed the Seventh Summit of the Americas in April 2015. https://dwkcommentaries.com/?s=Summit+of+the+Americas.

[8] Previous posts have discussed the U.N. General Assembly resolutions on the embargo in 2011, 2014, 2015 and 2016 and the suggested international arbitration to resolve the disputes about Cuba’s damage claims resulting from the embargo. (See posts listed in “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

[9] See posts listed in “U.S. Democracy Promotion in Cuba,” “U.S. & Cuba Normalization, 2014-2015” and “U.S. & Cuba Normalization, 2015-2016” sections of List of Posts to dwkcommentaries—Topical: CUBA.

[10] See posts listed in “U.S. & Cuba Damage Claims” section of List of Posts to dwkcommentaries—Topical: CUBA.

[11] See list of posts in “Cuba & Other Countries” section of List of Posts to dwkcommentaries—Topical: CUBA.

Presidential Nomination of U.S. Ambassador to Cuba

 

Jeffrey DeLaurentis
Jeffrey DeLaurentis

On September 27 U.S. President Barack Obama nominated Jeffrey DeLaurentis to be the U.S. Ambassador to Cuba. If the nomination is confirmed by the U.S. Senate, he would be the first to fill that position in over 50 years.[1]

President Obama said, “Jeff’s leadership has been vital throughout the normalization of relations between the United States and Cuba, and the appointment of an ambassador is a common sense step forward toward a more normal and productive relationship between our two countries.” He “is already working with Cuba on issues that advance U.S. national interests, such as law enforcement, counternarcotics, environmental protection, combatting trafficking in persons, expanding commercial and agricultural opportunities, and cooperation in science and health.  He engages broadly with the Cuban people and expresses the United States’ strong support for universal values and human rights in Cuba.”[2]

Moreover, according to Obama, “Having an ambassador will make it easier to advocate for our interests, and will deepen our understanding even when we know that we will continue to have differences with the Cuban government. He is exactly the type of person we want to represent the United States in Cuba, and we only hurt ourselves by not being represented by an ambassador.”

This nomination was supported by Senator Patrick Leahy (Dem., VT), who said, the nominee “is a career diplomat who is universally respected by his peers, and by Democrats and Republicans in Congress, for his intellect, his integrity, and his thoughtfulness. . . . We need an ambassador who knows Cuba, who is respected by the Cuban government, and who will stand up for U.S. interests and values. Jeff is that person.”[3]

Another supporter of the nomination, Senator Jeff Flake (Rep., AZ), Sen. expects great difficulty in obtaining Senate confirmation of the nominee. He said, “Given the fight we had to go through just to approve our Mexican ambassador (Roberta Alexander) just because of her ties to the Cuba negotiations, I can just imagine what might be coming here.”[4]

Indeed, the prospects of the Republican-controlled Senate’s confirmation of this nomination in the remaining months of the Obama presidency, however, are not promising. Senator Bob Corker (Rep., TN), the Chair of the Senate Foreign Relations Committee, observed, “”The committee was notified of the nomination [on September 27] but has not yet received the appropriate paperwork to begin its work. However, it is highly unlikely that an ambassador to Cuba would be approved in the lame-duck [session ending on December 31, 2016].”[5]

For example, Senator Marco Rubio (Rep., FL) said the nomination should not advance. “Just like releasing all terrorists from Guantánamo and sending U.S. taxpayer dollars to the Iranian regime, rewarding the Castro government with a U.S. ambassador is another last-ditch legacy project for the president that needs to be stopped. This nomination should go nowhere until the Castro regime makes significant and irreversible progress in the areas of human rights and political freedom for the Cuban people, and until longstanding concerns about the Cuban regime’s theft of property and crimes against American citizens are addressed.”[6]

Rubio’s opposition was anticipated. Indeed, a key Obama aide, U.S. Deputy National Security Advisor, Benjamin Rhodes, said after the belated announcement of this nomination that the Administration did not want such opposition to an earlier nomination to distract the Administration from other U.S. priorities in pursuing normalization of affairs with Cuba, such as establishing diplomatic relations, ending the U.S. designation of Cuba as state sponsor of terrorism, the President’s March 2016 trip to the island and various bilateral meetings to work on various issues.[7]

In the meantime, Cuba welcomed the nomination while also complaining that President Obama has not done all he could do to loosen U.S. restrictions on trade with Cuba.[8]

Since August 2014 DeLaurentis has served as the Chargé d’Affaires of the U.S. Interests Section (and after July 2015 the U.S. Embassy) in Havana. He also served in the U.S. Interests Section in Havana as Consular Officer, 1991-93, and as Political-Economic Section Chief, 1999-2002. In his diplomatic career beginning in 1991 he has held many other important positions and holds the rank of ambassador.[9]

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[1] Davis, Obama Nominates First Ambassador to Cuba in Over 50 Years, N.Y. Times (Sept, (7, 2016); Reuters, Obama Names U.S. Ambassador to Cuba, Setting Up Confirmation Fight, N.Y. Times (Sept. 27, 2016); Assoc. Press, Obama Names Career Diplomat as US Ambassador to Cuba, N.Y. Times (Sept. 27, 2016); White House, Presidential Nominations Sent to Senate (Sept. 28, 2016).

[2] White House, President Obama Announces Another Key Administration Post (Sept. 27, 2016).

[3] Leahy, Statement on the Nomination of Jeffrey DeLaurentis (Sept. 28, 2016)  Leahy’s statement also contains a lengthy rebuttal of the opposition to the nomination voiced by Senator Marco Rubio.

[4] Schwartz, Obama Nominates First U.S. Ambassador to Cuba in 50 Years, W.S.J. (Sept. 27, 2016).

[5] Reuters, U.S. Senator: ‘Unlikely’ Cuba Ambassador Will Be Approved This Year, N.Y. Times (Sept. 28, 2016).

[6] Rubio, Rubio: President Obama’s Nomination of Ambassador to Castro Regime Should Go Nowhere (Sept. 27, 2016).

[7] Ordoñez & Torres, Did Marco Rubio scare the White House away from nominating an ambassador to Cuba? InCubaToday (Sept. 28, 2016).

[8] Reuters, Cuba Ambassador Nomination but Says Obama Can Do More, N.Y. Times (Sept. 28, 2016)

[9] U.S. Embassy to Cuba, Biography of DeLaurentis.

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

images

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.