U.S. and Cuba Hold Law Enforcement Dialogue    

On April 17, the U.S. and Cuba held a law enforcement dialogue in Washington, D.C. The main objective was to advance discussions at the working levels of the two governments. [1]

A U.S. offical said, ” Effective cooperation in criminal matters may sometimes include the exchange of information, such as information on fugitives or other wanted persons, or real-time communication between the United States Coast Guard and the Cuban Border Guard to detect human smugglers or drug traffickers.”

According to that official, “these discussions are not a new initiative and do not represent new diplomatic activity” between Washington and Havana, but rather “are routine working-level discussions that are carried out within the framework of the broader dialogue on the law enforcement between the United States and Cuba.”

The U.S. official said that for decades, the US Coast Guard and the Regional Security Office of the [U.S.] Embassy in Havana have maintained working-level communication channels with the Cuban Government to cooperate on issues of mutual interest, such as migration. irregularity and the security problems faced by diplomatic personnel and US citizens in Cuba.”

“Participating in these talks underscores the United States’ commitment to maintaining constructive talks with Cuba, when appropriate, to advance US security interests.

Cuban Vice Foreign Minister Carlos Fernandez de Cossío, who led the Cuban delegation, struck a more conciliatory tone and told CBS News that his government was open to accepting more deportation flights from the United States. Currently, Cossío said Cuba is receiving one deportation flight per month, but he suggested that number was decided by the U.S. side and that Cuban authorities have previously said they were willing to accept more.

A State Department spokesperson said that Cuban authorities “have accepted a regular schedule of removal flights since the Migration Talks in April 2023. We are pleased to see these flights return to a more regular cadence.” He also said, “Ensuring safe, orderly, humane, and regular migration between Cuba and the United States remains a primary interest of the United States, consistent with our interest in fostering family reunification, and promoting greater respect for human rights and fundamental freedoms in Cuba.Increased law enforcement cooperation enables the United States to better protect the American people and national security and to facilitate bringing criminals to justice.”

“Cuban officials also asked for relief from U.S. economic sanctions, according to a statement by the Cuban Foreign Ministry. The government is nearly bankrupt. It was recently unable to pay for shipments of oil and food that were aboard ships already in Cuban waters, officials revealed on state television. The Cuban government blames the U.S. embargo for the situation, but for years has been unable to reform its socialist economy, which is centrally planned and bogged down by bureaucratic restrictions and mismanagement.”

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[1] Flores, Biden administration hosts ‘Cuban Day’ at the White House. Here is what to expect. Gazette Xtra (April 18, 2024);

Menoyo Florian, Washington and Havana talk about police and criminal cooperation in another bilateral meeting, Diario de Cuba (April 18, 2022).

 

U.S. and Cuba Resume Law Enforcement Dialogue   

On January 18-19, 2023, the United States and Cuba in Havana resumed their Law Enforcement Dialogue, which last operated, 2015-18 during President Obama’s efforts to re-establish a more peaceful and collaborative relationship between the two countries.[1]

The Departments of State, Homeland Security, and Justice co-chaired the dialogue for the United States.  The U.S. delegation included representatives from the Department of State’s Bureaus of Western Hemisphere Affairs and Office of the Legal Adviser; the Department of Homeland Security’s Office of Strategy, Policy, and Plans, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and U.S. Coast Guard; and the Department of Justice’s Office of International Affairs, and Federal Bureau of Investigation.  Officials from the U.S. Embassy in Havana also participated.

According to the State Department, this “type of dialogue enhances the national security of the United States through improved international law enforcement coordination, which enables the United States to better protect U.S. citizens and bring transnational criminals to justice. These dialogues strengthen the United States’ ability to combat criminal actors by increasing cooperation on a range of law enforcement matters, including human trafficking, narcotics, and other criminal cases.  Enhanced law enforcement coordination is in the best interests of the United States and the Cuban people.  This dialogue does not impact the administration’s continued focus on critical human rights issues in Cuba, which is always central to our engagement.”

The Cuban Foreign Ministry said that the Dialogue was held on January 18 and 19 and that they discussed “cooperation in the fight against scourges that threaten the security of both countries, such as terrorism, smuggling of migrants and immigration fraud, among others.” The Cuban Ministry added that their delegation transferred “information and proposals for cooperation . . . on the activities of persons based in the United States, identified as being linked to terrorism, illegal trafficking of persons and other illicit activities.”  Cuba also said the two countries “agreed to continue this dialogue and to hold other technical meetings between the law enforcement agencies of the two countries in order to materialize bilateral cooperation.”[2]

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[1] U.S. State Dep’t, United States and Cuba Resume Law Enforcement Dialogue (Jan. 19, 2023); US Sending Delegation to Cuba to Restart Talks on Law Enforcement, VA (Jan. 12, 2023); See posts listed in the following: sections of List of Posts to dwkcommentaries—Topical: Cuba [as of 5/4/20]: U.S. (Obama) and Cuba Relations (Normalization, 2014; U.S. (Obama) and Cuba Relations (Normalization), 2015;U.S. (Obama) and Cuba Relations (Normalization), 2016; U.S. (Obama) and Cuba Relations (Normalization), 2017.

[2] Cuba Foreign Ministry, Cuba and the United States discuss terrorism and migration, (Jan. 20, 2023).

 

United States and Cuba Hold Second Law Enforcement Dialogue   

On May 17, in Havana U.S. and Cuba representatives held their Second Law Enforcement Dialogue. The U.S. delegation was led by John S. Creamer, Department of State, Deputy Assistant Secretary for Western Hemisphere Affairs; Bruce Schwartz, Department of Justice, Deputy Assistant Attorney General; and Alan Bersin, Department of Homeland Security, Assistant Secretary for International Affairs and Chief Diplomatic Officer. Cuba’s delegation, by its Ministers of Interior, Justice and Foreign Affairs as well as its Attorney General and Customs General.[1]

The Department of State said that “law enforcement is an area of mutual interest to both the U.S. and Cuba as we advance toward normalized relations. We anticipate that the dialogue will be productive, and an additional opportunity to reinforce the benefits of law enforcement cooperation. During the dialogue, the United States and Cuba will continue to discuss a wide range of areas of cooperation, including counterterrorism, counternarcotics, transnational crime, cybercrime, secure travel and trade, and fugitives.”

The framework for the dialogue was the Memorandum of Understanding between Homeland Security and the Ministry of Interior of Cuba, signed in May 2016. This MOU sets the basis of cooperation in exchanging risk information for travelers, cargo or conveyances in international transit; the continuation of periodic, mutual, and reciprocal assessments regarding air, sea, and port security; and the coordination of transportation security, screening of cargo, travelers and baggage, and the design of secure, efficient inspection facilities at ports and airports, among other things.[2]

The day before the Dialogue (May 16), the Department of Homeland Security Deputy Secretary Alejandro Mayorkas met with the U.S. and Cuban delegations in advance of the dialogue and to conduct bilateral meetings with his counterparts.

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[1] Mayorkas returns to Cuba to activate dialog implementation of the Law, Marti (May 17, 2016); Department of Homeland Security, Statement by Press Secretary Marsha Catron on Deputy Secretary Mayorkas’ Upcoming Trip To Cuba (May 13, 2016).

[2] Written testimony of PLCY Assistant Secretary for Border, Immigration, and Trade Policy Seth Stodder, et al., for a House Committee on Homeland Security, Subcommittee on Transportation Security hearing titled “Flying Blind: What are the security risks of resuming U.S. Commercial Air Service to Cuba? (May 17, 2016).  I have not yet been able to find a copy of the actual MOU.