Another U.S. Event Promoting U.S.-Cuba Reconciliation

On February 10, 2016, another U.S. event was held to promote U.S.-Cuba reconciliation. This one at Washington, D.C.’s National Press Club was hosted by the U.S. Agricultural Coalition for Cuba, whose launch a year ago was covered in a previous post. [1]

Now we look at an overview of its recent Annual Celebration Event followed by a re-posting of “Bipartisan Support for Ending the Embargo at a USACC Event” (Mar. 1, 2016) by Kaly Moot of the Latin American Working Group (LAWG), which reported on the event. 

Overview of the Event

The Coalition’s past and upcoming years were reviewed by its Chair, Devry Boughner Vorwerk, from member Cargill Incorporated of Minnesota, and its Vice Chair, Paul Johnson. Other members added comments in a discussion moderated by Anne Murray of Cargill; they were Kurt Shultz (U.S. Grains Council), Shawna Morris (National Milk Producers Federation), Chris Rosander (Sun-maid) and Ben Noble (USA Rice).

The Keynote  Address was provided by Tom Vilsack, U.S. Secretary of Agriculture. Members of Congress also made comments; they were U.S. Senators Amy Klobuchar (Dem.,MN) and Heidi Heitkamp (Dem., ND) and U.S. Representatives Cal Emmer, (Rep., MN.), Rick Crawford (Rep., AK), Ted Poe (Rep., TX), Rodney Davis (Rep., IL), Cheri Bustos (Dem., IL) and Jim McGovern (Dem., MA). [2]

State perspectives were provided by Todd Haymore (Virginia Secretary of Agriculture), Richard Fordyce (Missouri Commissioner of Agriculture) and Sid Miller (Texas Agriculture Commissioner). This discussion was moderated by Mark Albertson of member Illinois Soybean Association.

The Cuban Ambassador to the U.S., Josê Ramón Cabańas, offered the views of his government in a discussion that was moderated by Phil Peters of the Lexington Institute.

LAWG’s Coverage of the Event

In a time when bipartisanship in Washington seems harder and harder to come by, it might seem surprising to hear that Democrats from Massachusetts, Minnesota and North Dakota shared not only a stage but also a message with Republicans from Texas and Arkansas.

But that is exactly what happened at an Annual Celebration Event hosted by the U.S. Agriculture Coalition for Cuba (USACC), a coalition of U.S.-based agricultural organizations and companies committed to normalizing trade relations between the United States and Cuba. The wide range of speakers at their one-year anniversary event included industry experts, the U.S. Secretary of Agriculture, the Cuban Ambassador to the United States, and both Democratic and Republican members of the House and Senate.

Although the speakers represented very diverse perspectives, each one managed to agree on one key point: that the United States’ embargo on Cuba –which represents more than five decades of failed policy–must be lifted. Cuba’s ambassador to the United States, José Ramón Cabañas, stressed the fact that Cuba cannot consider completely normalizing relations with the United States while the “bloqueo,” or economic sanctions, remain in place.

Cabañas called trade the “flesh and blood” of a normal relationship between countries and pointed out the fact that only one U.S. bank is authorized to do business with Cuba. However, Cabañas did praise the progress that has been made in the last year, especially with regard to what he called the most important accomplishment: the establishment of respectful dialogue between the U.S. and Cuban governments.

Other speakers offered a variety of reasons why the United States would benefit from full relations with Cuba and an end to the embargo, including increased agricultural trade, possibilities for free trade, advancement of national security interests, and the promotion of human rights.  

Representative Jim McGovern (D-MA) pointed out the rarity and power of the bipartisan effort, joking that it’s not often that he and Republican colleagues agree so closely on an issue. McGovern argued that a majority of American citizens and members of Congress, including Republicans, would like to see the end of the embargo. However, according to McGovern, efforts have been halted by a small but vocal minority of hard liners who promote the continuation of Cold War policies.

Senator Heidi Heitkamp (D-ND), a self-proclaimed incrementalist, called for doing what is immediately possible in this political environment, such as a bill that would permit private banks or individuals to use their own money to invest in trade with Cuba.

Many argued that the embargo had failed at removing Cuban leaders Fidel and Raúl Castro from power, and had instead impeded the United States from promoting human rights on the island through the tools of trade, engagement, and economic development.

U.S. Secretary of Agriculture, Tom Vilsack, highlighted the wide variety of opportunities for trade and the mutual benefits for both countries, arguing that the embargo is unnecessary in this day and age, when normal trade relations could help improve diplomatic relations between Washington and Havana.

U.S. industry experts, particularly those in the U.S. agriculture sector, similarly argued that the restrictions imposed by the embargo currently prevent them from competing in the Cuban market where they say their businesses have many natural advantages, including proximity to the island and quality of goods. According to industry representatives, opening trade between the United States and Cuba could lead to mutual benefits for U.S. companies and the Cuban people, as well as the potential to share information and learn from Cuba research.

In order to advance trade between the United States and Cuba, Representative Rick Crawford (R-AR) promoted the Cuba Agricultural Exports Act (HR 3687), a bipartisan bill he introduced in the House to repeal restrictions on export financing and give producers access to Department of Agriculture marketing programs that help the United States compete in foreign markets. Congressman Crawford argued that the embargo has outlived its usefulness, punishing not the Cuban government but rather America’s agricultural producers (and other manufacturers) and the Cuban citizens.

While the speakers each presented different rationales for removing the embargo, as well as different strategies for doing so, all agreed that the embargo ought to be lifted.

Conclusion

I applaud the Coalition for its bipartisan, continuous efforts to seek an end to the U.S. embargo of Cuba and a fuller reconciliation of the two countries.

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[1] Other posts discussed the March 2015 visit to Cuba by a Coalition delegation and its June 2015 letter to the U.S. Senate Foreign Relations Committee reiterating the group’s opposition “to any effort to restrict trade and travel with the nation of Cuba—including possible amendments to appropriations bills or the State Department reauthorization bill.” Any such restriction “would be detrimental to the U.S. agricultural industry and the future of U.S.-Cuba relations.”

[2] Previous posts discussed bills to end the embargo that have been authored by Senator Klobuchar and Representative Emmer. A more recent post reviewed the current status of these and other bills to end the embargo.

President Obama Rescinds U.S. Designation of Cuba as a “State Sponsor of Terrorism”

On April 14th President Barack Obama rescinded the U.S. designation of Cuba as a “State Sponsor of Terrorism” and so notified the Congress. This post will review that decision and its background. [1]

As discussed in a prior post, on December 17, 2014, President Obama asked Secretary of State John Kerry to undertake a review of whether the U.S. should rescind this designation while another post reviewed the statutory framework for this process: review and recommendation by the Department of State followed by a decision by the president and notification of such a decision to the Congress with such a decision to become effective 45 days after that notification. Yet another post set forth the reasons why this blogger believes that such past designations of Cuba have been unjustified, absurd, ridiculous.

 State Department’s Recommendation

Secretary of State’s Press Statement.

On April 14, 2015, Secretary Kerry publicly announced that the State Department had recommended that the President rescind the designation of Cuba as a “State Sponsor of Terrorism.” His press release stated that last week the “Department submitted a report to the White House recommending, based on the facts and the statutory standard, that President Obama rescind Cuba’s designation as a State Sponsor of Terrorism.”

“This recommendation,” the Statement continued, “reflects the Department’s assessment that Cuba meets the criteria established by Congress for rescission . . . . whether Cuba provided any support for international terrorism during the previous six months, and whether Cuba has provided assurances that it will not support acts of international terrorism in the future.” This conclusion was based, in part, upon “corroborative assurances received from the Government of Cuba.”

Nevertheless, according to the Secretary’s statement, “the United States has had, and continues to have, significant concerns and disagreements with a wide range of Cuba’s policies and actions, [but] these concerns and disagreements fall outside of the criteria for designation as a State Sponsor of Terrorism.”

Department’s Background Briefing.

At a special briefing on April 14th, a senior State Department official noted, “the Cubans have for a long time shown us many, many, many speeches by their leaders, both Fidel and Raul, in which they have rejected terrorism; many instances, in fact, of terrorist acts that they have decried publicly, I think the latest probably being the Charlie Hebdo incident in France. But certainly, there are lots of incidents that they can point to. And in terms of commitments for the future, they point to both statements by their leadership and ratifications of international treaties, and the assurances that they gave us.”

Another senior official stated, ”the assurances they provide were fairly wide-ranging and fairly high-level. . . . [T]hey addressed the key elements that we know in the past have been a factor. [T]hey also addressed the pledge or the assurances that they will no longer support acts of terrorism in the future.”

One of the officials in response to a journalist question said, “The statutes . . . provide that no rescission can be made if within 45 days after the receipt of the report from the President the Congress enacts a joint resolution on the issue prohibiting the rescission. The President, of course, can veto any such joint resolution and Congress then, of course, can further act to override the veto. . . . Congress has the right to act.”

 President Obama’s Decision

That same day (April 14) a White House press release stated the President had “submitted to Congress the statutorily required report and certifications indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation.”

This presidential decision was based upon the previously mentioned State Department recommendation that was based on its “careful review of Cuba’s record, which was informed by the Intelligence Community, as well as assurances provided by the Cuban government.”

This press release also stated, “As the President has said, we will continue to have differences with the Cuban government, but our concerns over a wide range of Cuba’s policies and actions fall outside the criteria that is relevant to whether to rescind Cuba’s designation as a State Sponsor of Terrorism.  That determination is based on the statutory standard – and the facts – and those facts have led the President to declare his intention to rescind Cuba’s State Sponsor of Terrorism designation.  More broadly, the [U.S.] will continue to support our interests and values through engagement with the Cuban government and people.”

  • The actual presidential message to Congress was even shorter. It stated, “Pursuant to the Constitution and the laws of the United States, and consistent with section 6(j)(4)(B) of the Export Administration Act of 1979, Public Law 96-72, as amended (50 U.S.C. App. 2405(j)), and as continued in effect by Executive Order 13222 of August 17, 2001, I hereby certify, with respect to the rescission of the determination of March 1,
    1982, regarding Cuba that:(i) the Government of Cuba has not provided any support for international terrorism during the preceding 6-month period; and

    (ii) the Government of Cuba has provided assurances that it will not support acts of international terrorism in the future.

This certification shall also satisfy the provisions of section 620A(c)(2) of the Foreign Assistance Act of 1961, Public Law 87-195, as amended (22 U.S.C. 2371(c)), and section 40(f)(1)(B) of the Arms Export Control Act, PublicLaw 90-629, as amended (22 U.S.C. 2780(f)).”

Reactions to the Decision

Senators Patrick Leahy (Dem., VT), Dick Durbin (Dem., IL) and Benjamin Cardin (Dem., MD) were among those officials who offered immediate support of the decision. Geoff Thale of the Washington Office on Latin America, a private group that promotes democracy in the hemisphere, said: “Taking Cuba off the list of terrorist states is a sensible, and long-overdue step. Whatever U.S. and Cuban differences, the Cuban government has not been a supporter of terrorism.  Taking Cuba off the list will remove an unnecessary irritant in the relationship, and perhaps allow us to discuss the real differences we do have in a more serious way. It should help pave the way for normal diplomatic relations.” The same sentiment came from another U.S. NGO focusing on Latin America, the Latin American Working Group.

Josefina Vidal, Cuba’s top diplomat for U.S. Affairs, endorsed the decision. She said, “The Cuban government recognizes the just decision taken by the President of the [U.S.] to eliminate Cuba from a list on which it never should have been included, especially considering that our country has been the victim of hundreds of acts of terrorism that have cost 3,478 lives and disabled 2,099 Cuban citizens. As the Cuban government has reiterated on multiple occasions, Cuba rejects and condemns all acts of terrorism in all their forms and manifestations, as well as any action that is intended to instigate, support, finance or conceal terrorist acts.”

Not surprisingly long time Cuban-American opponents of the U.S.-Cuba rapprochement criticized this decision: U.S. Senators Marco Rubio (Rep., FL) and Robert Menendez (Dem., NJ) and Representatives Ileana Ros-Lehtine (Rep., FL) and Mario Diaz-Balart (Rep., FL).

Rubio’s opposition undercuts his just-announced presidential campaign assertion that the “time has come for our generation to lead the way toward a new American Century.” In contrast, he said, “too many of our leaders and their ideas are stuck in the twentieth century. They are busy looking backward. . . . They look for solutions in yesterday.” Sorry, Senator Rubio, your ideas and solutions for U.S.-Cuba relations “are stuck in the twentieth century . . . in yesterday.” Stop looking backward!

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[1] This post is based upon the sources which are hyperlinked in this post along with the following: Archibold & Davis, Obama Endorses Removing Cuba From Terrorism List, N.Y. Times (April 14, 2015); Reuters, Obama Tells Congress He Plans to Remove Cuba From Terrorism List, N.Y. Times (April 14, 2015), Reuters, Cuba Gave U.S. Assurances It Will Not Support Terrorism in Future: U.S. Officials, N.Y. Times (April 14, 2015); Assoc. Press, Obama to Remove Cuba From State Sponsor of Terror List, N.Y. Times (April 14, 2015); DeJong, Obama removes Cuba from the list of state sponsors of terrorism, Wash. Post (April 14, 2015); Tharoor, After 33 years, the U.S. dropped its claim that Cuba sponsors terrorism. Here’s what it means, Wash. Post (Apr. 14, 2015); Barack Obama announces intent to remove Cuba from list of state sponsors of terrorism, Granma (April 14, 2015); Wash. Office on Latin America, Press Release: White House Announces Cuba’s Removal from ‘State Sponsors of Terror List (April 14, 2015); Latin American Working Group, Statement about Cuba’s removal from list (April 14, 2015); Assoc. Press, Cubans Hail Removal From US List of State Terrorism Sponsors, N.Y. Times (April 15, 2015). The actual State Department recommendation could not be found on the Internet, but when it is so available, another blog post will review that document

 

 

 

 

 

 

 

 

Another USAID Effort To Promote Regime Change in Cuba: Other Reactions

On August 4th, the Associated Press (AP) reported that the United States Agency for International Development (USAID) had funded and implemented a program in 2010-2012 to attract young Cubans for purported civic programs on the island with the real purpose of recruiting them to anti-government activism.

Prior posts looked at the AP’s account of this program and the U.S. government’s reactions. Now we discuss the reactions of others.

A number of U.S. NGOs interested in U.S.-Cuba relations criticized the program. For example, the Latin American Working Group, one of the nation’s longest-standing coalitions of over 60 major religious, humanitarian, grassroots and policy organizations, said, “Programs like this greatly hamper efforts to restore relations between the United States and Cuba. The ‘Travelers Project’ not only delegitimizes global healthcare programs, but erodes trust in the U.S. Government both abroad and at home. This program has cost the United States a considerable amount of money and credibility and is a great setback to productive and respectful engagement with Cuba.”

According to Professor William L. LeoGrande, American University of Washington, D.C., “Cuba already has the best HIV/AIDS prevention program and the lowest incidence rate in Latin America. Or that everywhere else in the world, USAID’s laudable work on HIV/AIDS is conducted openly in partnership with the host government. The program in Cuba is obviously not about HIV/AIDS at all. That was just the cover story — “the perfect excuse,” as one of the program documents called it — for the real goal of recruiting “potential social change actors.”

LeoGrande added that the program was secret, covert and undercover under “the common sense meaning” of those words and that the USAID contrary position was absurd. Moreover, this and other USAID Cuba programs “have demonstrated a clear pattern of knowingly putting innocent people at serious legal risk in Cuba by involving them in subversive activity without their knowledge. That is morally reprehensible, indefensible, and sufficient reason by itself to de-fund these programs once and for all. . . . The other clear pattern these programs exhibit is comical incompetence.”

Similar criticisms were voiced by the following:

  • Pan-American Post: criticism of USAID’s use of HIV clinics as a front, confusing Cubans’ complaints with willingness to rebel against the government and providing minimal training for the people it secretly sent to Cuba;
  • Andrew Breiner of the ThinkProgress blog: U.S. using health programs in several foreign countries for ulterior purposes leads to distrust of health workers in foreign countries;
  • Phil Peters, President of the Cuba Research Center, condemns USAID’s lack of responsibility and disrespect for the Cuban citizens that are unknowingly swept into the agency’s poorly organized secret operations and USAID’s denial that the program was covert; and
  • Charles Kenny, Senior Fellow at the Center for Global Development said the use of an HIV workshop as a front for political subversion will “only make the distrust worse” in many of the places where the agency operates and potentially damage U.S.-Latin America cooperation in the face of global challenges such as the current Ebola outbreak.

Cuba’s Ministry of Foreign Relations understandingly objected to this USAID program. It said, the program “reconfirms that the [U.S.] government has not renounced its hostile, interventionist strategy in Cuba, meant to create destabilizing situations and provoke change in our political order, and to which millions of dollars are destined every year. The [U.S.] government must immediately end all subversive, illegal undercover operations in Cuba, which violate of our sovereignty and the express will of the Cuban people to perfect our economic and social model, and consolidate our democracy.”

A similar statement was released by the Bolivarian Alliance for the Peoples of Our America – Free Trade Agreement of the Peoples (ALBA-TCP), whose members are Antigua and Barbuda, Bolivia, Cuba, Dominica, Ecuador, Nicaragua, St. Vincent and the Grenadines, St. Lucia and Venezuela.

On the other hand, some of the Costa Rican and Venezuelan participants in the program denied that the purpose of the program was to foment a revolution against the Cuban government.

As of August 13th, no comment on this program has been made by Creative Associates International, the private contractor that operated the program for USAID. In fact, the company’s website does not mention Cuba at all.

Conclusion

One does not promote democracy and human rights by using antidemocratic and anti-human rights tactics like this USAID program. It is immoral and stupid.

In fact, programs like this reinforce Cuban limits on dissent. When a small and poor country like Cuba faces covert subversion programs and long-term hostility from its vastly superior, militarily and economically, neighbor to the north, that small country has to be vigilant in its own self-defense and self-preservation. If the U.S. really wanted to improve democracy and human rights in Cuba, the U.S. would enter into good-faith negotiations with Cuba to end the U.S. embargo of the island and resolve a multitude of other issues leading to reconciliation and restoration of normal diplomatic relations.[1]

Finally the U.S. assertion that this and other USAID Cuban programs are not secret, covert and undercover is nothing but Orwellian gobbledygook.

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[1] A prior post from 2011 argued for such reconciliation and another from 2012 did so in an open letter to President Obama.

What is Wrong with the White House’s Plan for Democracy in Cuba?

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[This is a re-posting of a blog post by Zuleika Rivera, an Intern at the Latin American Working Group (April 08, 2014), http://lawg.org/action-center/lawg-blog.]

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ZunZuneo or the “Cuban Twitter” continues to dominate headlines as details regarding U.S. Agency of International Development’s (USAID) failure to inspire a “Cuban Spring” through a “discreetly” funded social networking platform remain unclear. The  Associated Press (AP) first broke the story on April 3, 2014 outlining the parameters of the USAID and Creative Associates International program to develop a bare-bones “Cuban Twitter,” using cell phone text messaging to evade Cuba’s strict control of information and its restrictions of the internet. The idea behind the development of the social media platform, according to AP, was to create a credible news source for Cubans on the island. ZunZuneo drew more than 40,000 followers and gathered data (such as location, cell phone numbers) on its users which was hoped to be used for political purposes. According to the AP, the social network managers hoped to use this information to trigger “smart mobs” that would protest the current Cuban government and generate a “Cuban Spring,” head nodding to the “Arab Spring,” a series of protests and uprisings that swept through a handful of Arab countries from 2010-2013.

How did the United States successfully keep ZunZuneo a secret for so long? USAID used shell companies and foreign banks in the Cayman Islands, United Kingdom, Spain and Costa Rica in order to conduct its programs. USAID contracted with Washington Software Inc who was given $3.2 million to text subscribers of TV and Radio Marti. They were required to send 24,000 messages a week and no fewer than 1,800 an hour. They were also required to create an account and give full access to the Authorized Representative for the contracting officer, the government’s technical experts who are responsible for developing and managing the technical parts of a contract. USAID subcontractor, Creative Associates, received $6.5 million to carry out work in Cuba and later another received $11 million from USAID. The U.S. Broadcasting Board of Governors gave to Mobile Accord $60,000, and USAID also gave Mobile Accord $1.69 million to help run ZunZuneo. Similarly, the New America Foundation was given $4.3 million in 2012 under the Open Technology Institute; their role in the program, if any, remains unclear.

Soon after its creation in 2010, ZunZuneo gathered a lot of followers; and when famous Colombian-born singer Juanes hosted his “Peace Concert” in Cuba’s revolutionary plaza, the ZunZuneo took the opportunity to begin collecting data on Cubans. They polled all of their users on their general thoughts on the concert line-up; and as Cubans innocently answered, ZunZuneo gathered their data. In 2010 when ZunZuneo was at its height, they asked a Denver-based mobile company to join in (Mobile Accord). In their article, the Associated Press mentions a Mobile Accord memo that indicates that they were fully aware of their involvement, stating, “There will be absolutely no mention of the United States government involvement. If it is discovered that the platform is, or ever war, backed by the United States government, not only do we risk the channel being shut down by Cubacel [Cuba’s cell phone provider], but we risk the credibility of the platform as a source of reliable information, education, and empowerment in the eyes of the Cuban people.”

At this point Creative Associates had moved all corporations abroad and had made sure there was no money trail leading back to the United States. By 2011 Creative Associates was thinking of expanding their program and had agreed that the management team should not find out the United States government was involved. At this time they asked Mobile Accord to become independent from the United States government; but that became increasingly more difficult to do, as revenue from text messages was not enough. Finally, in September 2012 the program had to be cut, and it disappeared mysteriously from the Cuban landscape.

The White House has said that the program was not covert because they had disclosed the program to Congress and the program was intended to foster the free flow of information amongst Cubans on the island. Congress denies ever knowing about the program. The legality of this program is also in question since according to U.S. law any covert action by a federal agency must have presidential authority and Congress should also be notified. USAID has said that it is a “congressionally mandated and congressionally supported effort” and that it was reviewed by the Government Accountability Office (GAO). But the GAO report does not list any programs by name or any specifics about what programs were being carried out. It only says that USAID is conducting programs with “greater focus on information technology to support independent bloggers and developing social network platforms.”

Similar to the White House, USAID said this was a discreet, not covert program. USAID came out with its own statement claiming that much of what was reported is false. While ZunZuneo doesn’t portray the full scope of the Obama Administration’s plan towards democracy promotion in Cuba, it is certainly the ugly side of it.

ZunZuneo proved it had little success in promoting freedom of expression on the island to support a more open civil society through a covert, or “discreet” program; and when compared to the White House’s policy to facilitate cross-cultural communication through people-to-people exchanges, ZunZuneo’s success diminishes to zero. In 2011 President Obama took a big step towards “promoting democracy” in Cuba by easing restrictions on travel for U.S. citizens to Cuba. While Cuba remains a sovereign state with its own political system, the legacy of U.S. policy towards Cuba doesn’t recognize this. The Obama Administration has taken steps to engage Cuba in a different way but still under the guise of “democracy promotion.” The President has liberalized travel regulations for purposeful travel as a way to empower and engage civil society in Cuba and in the United States. Its success was immediate: in 2011 73,500 U.S. citizens traveled legally to Cuba, and in 2012 that number increased to more than 98,000. Since the easing of restrictions, the Office of Foreign Assets Control (OFAC) has issued more than 250 people-to-people licenses, nine charter companies have been set up and there are more than 20 active travel service providers. People-to-people travel has led to authentic interactions between Cubans and U.S. citizens, which has deconstructed the Cold War image of Cuba as the enemy and presented a more accurate Cuban reality. Current regulations have allowed researchers and students to travel to Cuba, to study Cuba “on the ground,” and come back to the United States ready to share their experiences of a different Cuba, a Cuba that is changing.

People-to-people travel has created a new class of ambassadors: citizen ambassadors that in their exchanges on the island promote the core values of democracy. The exchange of ideas between real people via a different brand of “democracy promotion,” program, such as people-to-people travel, is what will inform Cubans about “democracy,” not spam social messaging. The Obama Administration should focus on initiatives such as un-restricted travel to Cuba for all U.S. citizens, and high level dialogue with the Cuban government to talk about a variety of issues of common interest. These tactics will not only save money from unknowing taxpayers, but educate about U.S. ideals and realities by real people who are not trying to destroy Cuba, in a much clearer, less secret, non-covert manner. Rather than staining USAID’s reputation around the world, and smearing the Obama Administration as cold war re-enactors, the time is long overdue to sever our ties with difficult-to-clarify, “discreet” democracy promotion programs.

ZunZuneo proved to be a failure; the 53-year-old economic embargo on Cuba, another failure, and the list could go on. Cuba is not our enemy, rather our neighbor; and we should begin to treat them as such. Behind closed doors, judgments can be passed; but in the world arena, we should be “keeping up with the Joneses”—the 188 countries that annually vote in the UN General Assembly to end the embargo—and begin on the path toward a respectful, normal relationship with Cuba.

 

 

Yet Another Ridiculous U.S. Designation of Cuba as a “State Sponsor of Terrorism”

On July 31, 2012, the U.S. Department of State issued its annual report on terrorism in the world: Country Reports on Terrorism 2011. A prior post reviewed the report as a whole.

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We now examine this report‘s designation of Cuba as a “State Sponsor of Terrorism,” i.e., as a country that has “repeatedly provided support for acts of international terrorism.” This post’s analysis is also informed by the previous U.S. reports on terrorism for 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010.[1] Earlier posts analyzed and criticized the reports for 2009 and 2010.

Preliminarily I note that the latest report says that 480 of the 10,283 terrorist attacks in 2011 occurred in the Western Hemisphere and that “the vast majority of . . . [these] were ascribed to the Revolutionary Armed Forces of Colombia (FARC).” There is no mention of Cuba in this statistical summary.

Nor is there any mention of Cuba in the latest report’s “Strategic Assessment” that puts all of its discussion into a worldwide context. Instead this section of the report highlights the death of Osama bin Laden and other top leaders of al-Qa’ida as putting its “network on a path of decline that will be difficult to reverse.” Others specifically mentioned in this Assessment were Iran, terrorists groups in South-Asia, the Kurdistan Workers Party in Turkey, anarchists in Greece and Italy, dissident Republican groups in Northern Ireland and Anders Behring Breivik (the Norwegian right-wing extremist who killed 77 people last July).

Cuba As an Alleged Safe Haven for Terrorists 

The first stated basis for designating Cuba as a “State Sponsor of Terrorism” is its allegedly providing safe havens to individuals associated with two U.S.-designated Terrorist Organizations–Spain’s Basque Fatherland and Liberty (ETA) and the Revolutionary Armed Forces of Colombia (FARC)–and to certain fugitives from U.S. criminal proceedings. Here are direct quotations of the report on these points:

  • “Current and former members of . . . ETA continue to reside in Cuba. Three suspected ETA members were arrested in Venezuela and deported back to Cuba in September 2011 after sailing from Cuba. One of them, Jose Ignacio Echarte, is a fugitive from Spanish law and was also believed to have ties” to the FARC.
  • “Press reporting indicated that the Cuban government provided medical care and political assistance to the FARC.”
  • “The Cuban government continued to permit fugitives wanted in the United States to reside in Cuba and also provided support such as housing, food ration books, and medical care for these individuals.”

Before we examine some details about these charges, it must be said that the speciousness of this charge about ETA and FARC is shown by the latest U.S. terrorism report itself. It has a separate chapter on the legitimate international problem of terrorist safe havens as “ungoverned, under-governed, or ill-governed physical areas where terrorists are able to organize, plan, raise funds, communicate, recruit, train, transit, and operate in relative security because of inadequate governance capacity, political will, or both.” The report then identifies such havens in different parts of the world. For the Western Hemisphere, it discusses Colombia, Venezuela and the Tri-Border Area (where Argentina, Brazil and Paraguay come together). But there is no mention whatsoever of Cuba.

Earlier U.S. reports provide another reason for discounting these charges. They admit that “Cuba no longer supports armed struggle in Latin America and other parts of the world” (1996, 1997, 1998, 2008, 2009 reports) and that there was no evidence that Cuba had sponsored specific acts of terrorism (1996, 1997 reports). They also report that in 2001(after 9/11) Cuba “signed all 12 UN counterterrorism conventions as well as the Ibero-American declaration on terrorism” (2001, 2002, 2003 reports).

Let us now examine details about each of these specific assertions about alleged safe haven which have been made by the U.S. since at least 1996.

1. ETA

The weakness of the U.S. charge regarding ETA implicitly is admitted by the latest report itself when it states there “was no indication that the Cuban government provided weapons or paramilitary training for” ETA.  Similar admissions were made in the U.S. reports for 2005 (“no information concerning terrorist activities of [ETA] on Cuban territory”); 2008 (“no evidence of . . . terrorist financing activities”); 2009 (“no evidence of direct financial support”); 2010 (“no evidence of direct financial or ongoing material support”).

In addition, the latest U.S. report adds that there is evidence”[suggesting ] that the Cuban government [in 2011] was trying to distance itself from ETA members living on the island by employing tactics such as not providing services including travel documents to some of them.”

Earlier U.S. reports also reflect the limited nature of this charge. There allegedly were only 20 ETA members living in Cuba (2001 report), some of whom may be there in connection with peace negotiations with Spain (2009 report). In May 2003, Cuba publicly asserted that the “presence of ETA members in Cuba arose from a request for assistance by Spain and Panama and that the issue is a bilateral matter between Cuba and Spain” (2003 report). In March 2010 Cuba “allowed Spanish Police to travel to Cuba to confirm the presence of suspected ETA members” (2010 report).

Moreover, in March 2011 the Spanish Ambassador to Cuba told former U.S. President Jimmy Carter that Spain was “not concerned about the presence of members of . . .  ETA . . . in Cuba.” Indeed, the Ambassador maintained that this enhances his country’s ability to deal more effectively with ETA.  In fact, the Ambassador added, some ETA members are there at the request of the Spanish government.

2. FARC

Again the new U.S. report implicitly admits the weakness of its FARC allegations by the report’s stating there “was no indication that the Cuban government provided weapons or paramilitary training for” FARC.  Similar admissions were made in the U.S. reports for 2005 (“no information concerning terrorist activities of [FARC] on Cuban territory”); 2008 (“no evidence of . . . terrorist financing activities”); 2009 (“no evidence of direct financial support”); 2010 (“no evidence of direct financial or ongoing material support”).

In addition, the 2008 report said in July of that year “former Cuban President Fidel Castro called on the FARC to release the hostages they were holding without preconditions. He has also condemned the FARC’s mistreatment of captives and of their abduction of civilian politicians who had no role in the armed conflict.”

There is no indication in the reports of the number of FARC members allegedly in Cuba, but some may be there in connection with peace negotiations with Colombia (2009 report).

Moreover, in March 2011 the Colombian Ambassador to Cuba told former U.S. President Jimmy Carter that Colombia was “not concerned about the presence of members of FARC . . . in Cuba.” Indeed, the Ambassador maintained that this enhances their ability to deal more effectively with FARC.

3. U.S. fugitives

There apparently were or are over 70 individuals living in Cuba who are fugitives from criminal charges in U.S. relating to violent acts in the 1970’s purportedly committed to advance political causes, but pursuant to a 2005 Cuban government statement, no additional U.S. fugitives have been permitted on the island. In a few instances Cuba has extradited such fugitives to the U.S. (2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009 reports).

None of these fugitives apparently is affiliated with U.S.-designated terrorist organizations. The issue of whether or not they will be extradited to the U.S. is an appropriate issue for bilateral negotiations between the two countries. But, in my opinion, it is not a legitimate basis for designating Cuba as a “State Sponsor of Terrorism.”

Cuba’s Alleged Financial System Deficiencies

The other asserted ground in the latest U.S. report for the designation of Cuba as a “State Sponsor of Terrorism” is new.

This other ground is Cuba’s having been identified by the Financial Action Task Force (FATF) as “having strategic AML/CFT [Anti-Money Laundering/Combating the Financing of Terrorism] deficiencies.  Despite sustained and consistent overtures, Cuba has refused to substantively engage directly with the FATF.  It has not committed to FATF standards and it is not a member of a FATF-style regional body.”

According to its website, FATF “is an inter-governmental body established in 1989 by the Ministers of its Member jurisdictions. [Its] . . . objectives . . .  are to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system. The FATF is therefore a ‘policy-making body’ which works to generate the necessary political will to bring about national legislative and regulatory reforms in these areas.” Thus, it apparently is a voluntary international organization, not one established by a multilateral treaty.

FATF currently has 34 member jurisdictions (or only about 18% of the U.N. member states) plus 2 regional organizations (the European Council and the Gulf Co-Operation Council) representing most major financial centers in all parts of the globe.

Starting in 1990,”FATF has developed a series of Recommendations that [it claims] are now recognised as the international standard for combating of money laundering and the financing of terrorism and proliferation of weapons of mass destruction. They form the basis for a co-ordinated response to these threats to the integrity of the financial system and help ensure a level playing field. First issued in 1990, the FATF Recommendations were revised in 1996, 2001 [additional measures regarding terrorist financing], 2003 and 2012 to ensure that they remain up to date and relevant, and they are intended to be of universal application.”

To this end, FATF promotes the global adoption and implementation of the FATF Recommendations.

In June 2012 FATF issued a Public Statement that identified Iran and the Democratic Republic of Korea [North Korea] as jurisdictions “subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from [these] . . . jurisdictions.”

The June 2012 Statement also listed 18 other countries, including Cuba, as jurisdictions “with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the deficiencies associated with each jurisdiction.”

The latest U.S. terrorism report made an important concession on this point by noting that in 2011 Cuba “did attend a [FATF] meeting on Money Laundering in South America meeting as a guest and prepared an informal document describing its anti-money laundering/counterterrorist financing system.” But this U.S. concession did not go far enough, for the June 2012 FATF Statement said, “Since February 2012 Cuba has officially engaged with the FATF and has also attended [the meetings of the relevant regional organizations] CFATF [Caribbean Financial Action Task Force] and GAFISUD [Financial Action Task Force on Money Laundering in Latin America] . . . . The FATF urges Cuba to continue its engagement with the FATF, and to work with the FATF to develop and agree on an action plan in order to implement an AML/CFT regime in line with international standards.”

I assume that the issues being addressed by the FATF are important ones for the international community and that its Recommendations are reasonable ones to address the real problems of money laundering and financing of terrorism. I also assume that the Cuban financial system is not as sophisticated as those in the U.S. and other international money centers and that it along with at least 17 other countries that are not “State Sponsors of Terrorism” is not in compliance with the FATF Recommendations.

But these facts, in my opinion, do not support designating Cuba as a “State Sponsor of Terrorism.” If it were, then the 17 other countries on the two FATF lists should be added to the U.S. list of “State Sponsors of Terrorism.” (Of the 20 countries on the two FATF lists, only Iran, Syria and Cuba are now U.S.-designated “State Sponsors.”)

Moreover, as noted above, the U.S. terrorism reports have indicated there was no evidence of Cuban financing of terrorism in the covered years. In addition, some of the reports reference Cuban laws permitting the tracking, blocking, or seizing terrorist assets (Cuba’s Law 93 Against Acts of Terrorism and Instruction 19 of the Superintendent of the Cuban Central Bank) (2005, 2006, 2007, 2008 reports). In addition, in its response to this latest U.S. report, Cuba has asserted that it “regularly provides precise, truthful information to the appropriate United Nations bodies charged with addressing these issues and others related to confronting terrorism.”

The whole FATF issue raised in the U.S. terrorism report, in my opinion, is a “red herring.”

Conclusion

In summary, the U.S. designation of Cuba as a “State Sponsor of Terrorism” is ridiculous. This conclusion is shared, in less colorful language, at least by the U.S. Central Intelligence Agency; the U.S. Council on Foreign Relations; the Center for International Policy; the Latin American Working Group; the Center for Democracy in the Americas; The Atlantic magazine’s national correspondent (Jeffrey Goldberg) and a retired U.S. Army Brigadier General (John Adams).

Not surprisingly the Cuban government comes to the same conclusion. It says “the only reason Cuba is kept on this list is exposed as an attempt to justify the U.S. blockade of our country, as well as the adoption of new measures to limit our financial and commercial transactions, to strangle the Cuban economy and impose a regime which responds to U.S. interests.”

Whatever legitimate issues are raised by these U.S. reports, I submit, are appropriate subjects, among many, for the bilateral negotiations that a prior post recommended should occur between the U.S. and Cuba to the end of reconciliation and restoration of normal relations. As Cuba pointed out after this U.S. report was released, Cuba repeatedly has proposed that the two countries “agree upon a bilateral program to confront terrorism,” but the U.S. government has not responded.

More generally, Cuban President Raul Castro on July 26, 2012 (the 59th anniversary of the Cuban Revolution) reiterated his country’s willingness to engage in negotiations with the U.S. as equals. He said no topic was off limits, including U.S. concerns about democracy, freedom of the press and human rights in Cuba so as long as the U.S. was prepared to hear Cuba’s own complaints. In response the U.S. repeated its prior position: before there could be meaningful talks, Cuba had to institute democratic reforms, respect human rights and release Alan Gross, an American detained in Cuba.

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[1] Cuba has been so designated since March 1982.The U.S. terrorism reports listed above are those that are accessible on the U.S. State Department’s website. I would appreciate detailed comments from anyone with knowledge about the reports for 1982-1995 although they are less relevant due to the passage of time.