Tag: Michael Bustamante

U.S. Needs To Improve Relations with Cuba

Cuba recently has been the subject of many related news reports. First, the island is suffering from many economic problems, including many younger Cubans abandoning the island for life elsewhere. Second, many private enterprises on the island are being successful.  Third, this year Russia and China have been increasing their connections with Cuba to support that country and oppose U.S. actions against the island. Fourth, the above developments pose challenges to the U.S., which needs to return to its positive relationships with Cuba that were started in the Obama Administration.

Cuba’s Recent Economic Problems[1]

“With sanctions tightened by the Trump Administration (and not repealed by the Biden Administration), Cuban economic mismanagement and the impact of the pandemic and other events, Cuban inflation has soared, basic foods and medicines have become scarce, and money transfers from Cubans in the U.S. have dwindled. The flow of foreign tourists has also dried up.”

In July 2021, this “economic crisis sparked a wave of protests across the island, which prompted a harsh response from security forces. In the following months the government brought charges against 930 protesters and sentenced 675 of them to prison terms, some as long as 25 years, according to Laritza Diversent, director of human-rights group Cubalex.”

In August 2022 a “fire destroyed 40% of the fuel storage capacity at the port city of Matanzas, leading to increased electricity outages that even before the disaster were lasting up to 20 hours a day in many places.”

Cuba’s economic difficulties also were exacerbated by the Trump Administration’s 2019 imposition of the harshest economic sanctions against Cuba in more than a half-century. It ended virtually all non-family travel to Cuba and placed new limits on the money Cuba-Americans could send to family on the island. This Administration also began implementing an old law aimed at blocking both U.S. and foreign investment on the island that had been on hold because of immense opposition from U.S. allies. This move unleashed a law allowing Cuban Americans to sue in U.S. courts any company that benefits from their property on the island that had been confiscated by Fidel Castro’s regime. More significantly, the Trump Administration re-designated Cuba as a state-sponsor of terrorism.[2]

In response to these problems, as of August 2022, “More than 175,000 Cuban migrants were apprehended in the U.S. between last October and July, six times as many as in the previous 12-month period, according to U.S. Customs and Border Protection. Most are young, single adults, according to government statistics. Many are relatively well educated, say people who work with the migrants.” This “exodus reflects the desperation, the lack of hope, and the lack of future people on the island feel,” said Jorge Duany, head of the Cuban Research Institute at Florida International University.”

Recent Expansion of Cuban Private Enterprises on the Island[3]

According to Miami Herald, “over the past two years . . . [p]rivate businesses, banished from the island by Fidel Castro more than 60 years ago, are making a strong comeback, employing more people than state enterprises, gaining trust from foreign creditors and helping put food on Cubans’ tables at a time of widespread scarcity.” Recently Cuba’s economy minister, Alejandro Gil, in a speech at the National Assembly reported that “the private sector is on track to buy over a billion dollars in goods by the end of [this] year—outpacing the government as the country’s largest importer.”

“[P]rivate grocery stores are taking the place of the empty-shelf government supermarkets, and all sorts of [private] businesses are filling the space once monopolized by the state. Some restaurant owners are now opening chains or franchises. Others are entering partnerships with cash-strapped local enterprises owned by the state and paying in foreign currency for the supplies needed for their production lines.”

“Cuban [government] leaders have long resisted [such a development] because it aims at the heart of the state-controlled Marxist economy.” But “[t]they’ve had no choice but to allow it amid the most severe economic crisis.” As a result, Cuba is looking “less like the highly centralized socialist economy . . . and more like a country in transition, where a nascent business community coexists with inefficient state companies.”

According to Ricardo Herrero, executive director of the Cuba Study Group, a Cuban-American organization that helps train entrepreneurs on the island, who “share similar value sets with entrepreneurs here in the  United States.” They “want the government off their backs and want to see better relations between the United States and Cuba, particularly between Cuba and the diaspora.” Moreover, “some Cubans living in Miami are even owners or partners in some of these private companies.”

The Cuban “private sector now employs around 35% of Cuba’s work force, about 1.6 million workers, surpassing the 1.3 million employed by state enterprises, according to Cuban economist Juan Triana, a professor at the Center for the Study of the Cuban Economy at the University of Havana.

These non-state actors through the end of this April were responsible for $270 million of Cuba’s imports or 61% of its total imports according to Pedro Monreal, a Cuban economist who works for the U.N. Educational, Scientific and Cultural Organization.

On August 2, 2023, however, Cuba’s Central Bank announced new regulations that will require small private businesses to offer their customers ways to make digital payments and promptly to deposit all cash revenue in their bank accounts while banning cash withdrawals to pay operating expenses. This also will ban private enterprises from using their Cuban pesos to buy U.S. dollars in the informal market to pay for goods purchased abroad while the government is unable to provide food and essential goods for the people. As a result, these regulations are another government attempt to regulate the private sector and are expected to cause immense practical difficulties in the state-owned banks and system to implement the regulations and regulate increases in retail prices on the island.

Russian and Chinese Recent Assistance to Cuba[4]

Starting in February 2023, “high-level Russian officials began a steady stream of public visits to Cuba. Barely a month went by without a high-profile Russia-Cuba visit.” And high-level Cuban officials also were visiting Russia. Here is at least a partial list of those visits this year:

  • “In March, Nikolai Patrushev, secretary of the Russian Security Council and Igor Sechin, the powerful director of the Russian state oil company, Rosneft, met with leaders in Havana.”
  • “In April, Russian foreign minister, Sergey Lavrov, visited the island as part of a regional tour that included two other American adversaries — Venezuela and Nicaragua.”
  • “In June, Cuban Prime Minister Manuel Marrero Cruz visited Russia for more than ten days, including a meeting with Putin.
  • More recently, “Alvaro Lopéz Miera, the Cuban defense minister, traveled to Moscow . . . for discussions with his Russian counterparts — including Sergei Shoigu, one of the notorious architects of the war in Ukraine.” And Shoigu announced that “Cuba has been and remains Russia’s most important ally in the [Caribbean] region.” Shoigu promised that Moscow was “ready to render assistance to the island of freedom and to lend a shoulder to our Cuban friends.”
  • Similar comments came from “Cuban Deputy Foreign Minister Gerardo Peñalver, [who] described the two countries as ‘strategic allies’ cooperating against ‘unilateral coercive measures’ from Washington.”

These contacts have resulted in a memo of understanding whereby Russia will invest in Cuba’s agricultural lands to produce goods for the Russian market, Russia will increase its commercial flights to Cuba’s eight airports, will modernize Cuba’s major industries and reduce tariffs and costs for Russian exports to the island and will construct an all-Russian hotel, shopping mall and banking facilities in Cuba.

In addition, “Russia pledged to give oil and various industrial supplies to Cuba. By one estimate, Moscow has already sent the island more than $160 million worth of oil this year. And Russian news agencies announced that additional supplies will follow.”

“Cuba now receives direct flights from Russia (flights had been suspended after the invasion of Ukraine), and it has joined the ’Mir’ payment system that Moscow created to facilitate the conversion of rubles to pesos and other currencies for tourism, trade and aid. Over 1,000 Russian oil executives and staff are expected to the visit Cuba by year’s end.”

In early July, “the Russian naval ship, Perekop, diverted to Cuba from the country’s Baltic Sea fleet more than 7,000 miles away. The ship carried approximately 100 Russian naval cadets, humanitarian assistance and various equipment to Cuba. The Russian ambassador and the deputy commander of the Russian Navy attended the ship’s elaborate arrival ceremony, symbolizing that this was the beginning of deeper collaboration.”

China, on the other hand, is Cuba’s largest trading partner, and plays a role in the island’s agricultural, pharmaceutical, telecommunications and infrastructural industries. Beijing also owns a significant measure of Havana’s foreign debt.

In early June 2023, there were reports that China was planning to build an electronic listening station in Cuba in exchange for paying Cuba billions of U.S. dollars and that U.S. officials were concerned that such a station could be capable of spying on the United States by intercepting electronic signals from nearby U.S. military and commercial facilities and could amplify Beijing’s technological capacity to monitor sensitive operations across the Southeastern U.S., including several military bases. This Chinese base is part of what the US intelligence community identifies as a wider Chinese effort to intercept American communications, steal secrets and prepare for increased competition.” However, on June 10th an anonymous Biden official said that before 2019, the U.S. knew there was an operating Chinese spy base or facilities in Cuba that could intercept electronic signals from nearby U.S. military and commercial buildings.

In any event, Evan Ellis, a Latin America analyst at the U.S. Army War College, saw such an electronics facility as “a sign of the island’s financial desperation. China gives money to Cuba it desperately needs, and China gets access to the listening facility.” However, Michael Bustamante, a Cuba expert at the University of Miami, said aside from Cuba’s financial dire straits, the deal with China may reflect that the Cuban government feels it has little to lose given how poor its relationship is with the U.S.

Moreover, according to the Wall Street Journal, in later June 2023, Cuba and China were negotiating to establish a new joint military training facility on the north coast of the island that would be “part of China’s ‘Project 141,’ an initiative by the People’s Liberation Army to expand its global military base and logistical support network. It also is a sign that China now sees its struggle with the U.S. as global and that it must operate around the world to fend off Washington and protect Chinese interests.

U.S. and Cuban Exchanges About Chinese and Russian Connections with Cuba[5]

On June 20, 2023, U.S. Secretary of State Antony Blinken said that the U.S. would “have deep concerns” about Chinese military activity on Cuba, and that he made this message clear on his recent visit to Beijing.

The next day at the June 21 State Department Press Briefing, , the Department’s Principal Deputy Spokesperson, Vidant Patel, said, “The Secretary raised the serious concerns the U.S. would have about any intelligence or military facility in Cuba, saying that we will continue to defend our interests here.” Then in response to a reporter’s question, Patel added, “[W]e we are monitoring and responding to any PRC attempts to expand its military or security presence around the world, and we watch how potential PRC actions may impact the United States. Our experts assess that our diplomatic efforts have slowed the PRC down, and there of course continue to still be challenges, but we continue to be concerned about the PRC’s longstanding activities with Cuba. The PRC will keep trying to enhance its presence in Cuba and we will keep working to disrupt it.”

These U.S. assertions were strongly denounced by Cuba’s Minister of Foreign Affairs, Bruno Rodriguez Parrilla, in the following statement:

  • “The assertions made by the US Secretary of State about the presence of a Chinese spy base in Cuba are false, totally false. Cuba’s standing on this subject is clear and unequivocal.”
  • “These are unfounded allegations.”
  • “The [U.S.] aim is to use them as a pretext to maintain the economic blockade against Cuba and the measures of maximum pressure that have strengthened it in recent years, and which have been increasingly rejected by the international community, as well as inside the United States. The rejection includes the demand to remove Cuba from the arbitrary list of States Sponsors of Terrorism.”
  • “Cuba is not a threat to the United States or any other country.  The United States implements a policy that threatens and punishes the entire Cuban population on a daily basis.”
  • “The US has imposed and owns tens of military bases in our region and also maintains, against the will of the Cuban people, a military base in the territory that it illegally occupies in the province of Guantánamo.”
  • “We are witnessing a new disinformation operation, similar to the many others in the United States throughout its long history of hostility against our country.”

On August 2, Granma, the official organ of Cuba’s Communist Party’s Central Committee, reiterated Cuba’s denunciation of the U.S. embargo (blockade) of Cuba, with the following words:

  • “The Ministry of Communications (MICOM) is the target of the brutal blockade of the United States against Cuba, according to confirmation of damages that only in the period August 2021-February 2022 caused economic damages and losses that exceeded 104 million dollars.”
  • “This was denounced by the first deputy minister of the sector, Wilfredo González Vidal, who specified to the Cuban News Agency (ACN) that the cruel economic, commercial and financial monstrosity reduces the dynamism and speed of the digital transformation process of our country.”
  • “The set of actions developed by the United States, he said, ‘continues to be the main impediment to a better flow of information and broader access to the Internet and Information and Communication Technologies (ICT) for our people.’”
  • “However, in Cuba the expansion of access to the network of networks and knowledge continues, and today it has 7.8 million mobile phone users and of them almost seven million access the Internet through this important channel, he noted.”
  • “This, he asserted, is due to the effort and will of the State to advance in the information society, creating a responsible culture on the use of new technologies in favor of the economy and society.”
  • “The official pointed out that the economic damages and losses caused to the Communications System, as a consequence of the blockade, are evident throughout the sector, that is, in Telecommunications, Information Technologies and Postal Services.”
  • “Likewise, according to the ACN, it described as significant the effects due to the limitations of supplies of technologies and equipment produced under license, or using North American components, which forces it to go to other markets, much further away, an obstacle for which the greatest effects are quantified to sector.”

In July 2023 the U.S. went beyond words by sending “a nuclear-powered submarine, the USS Pasadena, to the American-held base at Guantanamo Bay. Officially a ‘logistics stop,’ this was a warning and a show of strength. The Cuban Ministry of Foreign Affairs condemned the submarine visit as a ‘provocative escalation.’ The US Navy said the move was ‘not without precedent.’”

U.S. Should Return to Positive Engagement with Cuba[6]

Only a few years ago, the government of Cuba was pursuing closer ties to Washington. According to William LeoGrande, a Latin America expert at American University, “Every major component of Cuba’s economic strategy in the last two decades had been premised on long-term expectations that the relationship with the U.S. would improve.”

In December 2014, this Cuban effort paid off when the two countries presidents (Barack Obama and Raul Castro) announced that their countries would be pursing efforts to improve relations, and that effort produced positive results for the rest of Obama’s presidency ending in early January 2017. Everyone from Conan O’Brien to Andrew Cuomo to Steve Nash began showing up in Havana. As a University of Miami’s Cuba expert, Michael J. Bustamante, noted at the time, “the American flag has even become the most stylish national standard, appearing on Cubans’ T-shirts, tights and tank tops.”

However, the Trump presidency (2017-21) and the Biden presidency since early 2021 have been engaged in U.S. policies of hostility toward Cuba.

Now the emergence of an important private enterprise sector of the Cuban economy has provided the opportunity for the two countries to return to better relations that improve the living conditions of the people on the island. This argument was well put in an op-ed article in the Miami Herald by Miguel “Mike” Fernandez, the Chairman of Coral Gables, Florida’s MBF Healthcare Partners, who said the following:

  • “It is time to shift our focus toward uplifting the Cuban people, primarily by supporting and empowering the emerging private sector, to restore hope and a bright future for the nation.”
  • “By promoting and facilitating engagement and collaboration with Cuba’s emerging private sector, the United States can foster positive change, enhance regional stability and tap the vast potential of Cubans’ entrepreneurial spirit, while reducing the vast numbers of Cuban immigrants arriving at the southern border.”
  • “A notable, and not so quiet, course change has begun as the Cuban government has had to accept the reality that it’s broke. Hence the emergence of a private sector, which can use our support because of our know-how and capital resources as a viable alternative to a punitive strategy. . . . [This private sector] is providing solutions for Cubans where the government no longer can. . . . [and] presents an opportunity to transform the country’s economic landscape.”
  • “It is crucial for the United States to support and engage with Cuba’s private sector to reduce emigration to this country and promote stability and prosperity within the island. . . . By redirecting our efforts toward supporting the growth of entrepreneurship, small businesses and foreign investment, we can foster an environment of economic independence for Cubans.”

At the top of the “to do” list for the U.S. is cancelling (1) the U.S. embargo [blockade] of Cuba; (2) the U.S. designation of Cuba as a state sponsor of terrorism, which the Obama Administration had done in 2015; and (3) the ban on U.S. tourist visas for Cuba. The U.S. should also initiate diplomatic discussions with Cuba regarding many issues, including U.S. positions on Cuba set forth in U.S. annual reports on world-wide trafficking in persons; religious freedom; and human rights.[7]

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[1] E.g., Cordoba, Cuban Migrants Head to the U.S. in Record Numbers, W.S.J. (Aug. 24, 2022)

[2] Trump declares economic war on Cuba, the Conversation (April 18, 2019); Communications sector severely damaged by the US blockade, Granma (Aug. 2, 2023).

[3] Torres, Capitalism makes strong comeback in Cuba after six decades of socialism. Will it last?, Miami Herald (June 23, 2023); Torres, How Miami companies are secretly fueling the dramatic growth of Cuba’s private businesses, Miami Herald (June 23, 2023); Fernandez, Transforming U.S.-Cuba relations: From dominating to elevating/Opinion, Miami Herald (July 19, 2023); MF Healthcare Partners, Rodriguez, Evaluate new proposals for measures in commerce to promote payment through electronic channels, Granma (Aug. 3, 2023); Torres, Sudden banking cash-withdrawal limit threatens private sector and food imports to Cuba, Miami Herald (Aug. 4, 2023).

[4] Demirjian & Wong, China to Build Station That Could Spy on U.S. from Cuba, Officials Say, N.Y. Times (June 8, 2023); Strobel & Lubold, Cuba to Host Secret Chinese Spy Base Focusing on U.S., W.S.J. (June 8, 2023); Cordoba, Cuba’s Spy Deal With China Has Echoes of Cold War Tensions, W.S.J. (June 8, 2023); Gale & Ramzy, Cuba Base Would Help China Identify Strike Targets in U.S., W.S.J. (June 9, 2023); Hutzler & Vyas, Cuba Spy Station Brings China Closer to America’s Doorstep, W.S.J. (June 9, 2023); Demirjian & Wong, China Has Had a Spy Base in Cuba for Years, Official Says, N.Y. Times (June 10, 2023); Lubold & Strobel, White House Says China Has Had Cuba Spy Base Since at Least 2019, W.S.J. (June 11, 2023); Strobel, Lubold, Salama & Gordon, Beijing Plans a New Training Facility in Cuba, Raising Prospect of Chinese Troops on America’s doorstep, W.S.J. (June 20, 2023); Editorial, China’s New Military Footprint in Cuba, W.S.J. (June 20, 2023; Yu, China Plans With Cuba for Global Dominance, W.S.J. (June 29, 2023); Suchlicki, The Russians are coming back to Cuba, prepared to challenge U.S. on its doorstep/Opinion, Miami Herald (June 23, 2023); Bihart, America’s Foes Are Joining Forces, N.Y. Times (July 3, 2023); Torres, China has had a spy base in Cuba for decades, former intelligence officer says, Miami Herald (July 5, 2023).Suri, Opinion: In tough times, Russia turns to a Cold War comrade, CNN.com (July 20, 2023).

[5] Editorial, China’s New Military Footprint in Cuba, W.S.J. (June 20, 2023); U.S. State Dep’t, Department Press Briefing—(June 21, 2023); Cuba Foreign Minister Parrilla, Cuba is not a threat to the United States or any other country, Granma (June 13, 2023). Communications sector severely damaged by the US blockade, Granma (Aug. 2, 2023);

[6] President Obama Rescinds U.S. Designation of Cuba as a ‘State Sponsor of Terrorism,” dwkcommantaries.com (04/15/15); U.S. Rescinds Designation of Cuba as a “State Sponsor of Terrorism, dwkcommantaries.com (05/29/15)  U.S. State Dep’t, U.S. Relations with Cuba (Nov. 22, 2019).

[7] This post does not comment on the multitude of issues regarding U.S.-Cuba relations. However, this blog has published a list of many of these posts about many of these issues, which has not been recently updated, (See, e.g., List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20].

U.S. Cuba Internet Task Force’s Final Report

On June 16, 2019, the U.S. Cuba Internet Task Force released its Final Report.[1] It identified what it saw as the following four key challenges to Cuban access to the Internet along with recommendations for expanding such access and the unregulated flow of information on the island.

The Final Report

“I. LIMITED INFRASTRUCTURE, HIGH PRICES, LOW SPEED, AND GOVERNMENT-REGULATED ACCESS”

“Cuba’s Internet penetration rates and speed lag behind regional averages, and access is extremely restricted due to limited infrastructure, high prices, low speed, and Cuban-government regulated access points.”

“Recommendations”

“Construction of a new submarine cable: Support efforts to enable construction of new submarine cables, as appropriate.”

“Support organic network growth: Some entrepreneurial Cubans have built local-area networks to connect devices at home and in their neighborhoods. These local networks have the potential to support economic growth in the emerging private sector. Increased exportation of U.S. networking tools to private consumers in Cuba could support the organic growth of local networks.” (Emphasis added.)

 “U.S. exchange programs: Promote [U.S.] exchange programs that permit Cuban students and faculty, who specialize in technology and computer science, to learn from top U.S. scholars and practitioners about network developments and technology.” (Emphasis added.)

“II. HIGHLY AUTHORITARIAN GOVERNMENT, CENSORSHIP, AND SURVEILLANCE”

“Cuba’s one-party communist state severely restricts freedoms of the press, assembly, speech, and association, and initiatives to promote Internet freedom and increase Internet access on the island are viewed with suspicion.”

“The Cuban government has tightened surveillance and persecution of Cubans who acquire their own satellite Internet stations or create their own networks to expand Internet service with imported technology. Surveillance of ICT [Information and Technology firms] in Cuba is widespread, and dissident bloggers are subject to punishments ranging from fines to confiscation of equipment and detentions. Anonymity and encryption technologies are strictly prohibited, and web access points, such as Wi-Fi hotspots, cybercafés, and access centers are closely monitored. There are concerns that as Cuba acquires sophisticated technologies and increases Internet access, its surveillance and censorship tactics could potentially improve.”

“Recommendations”

“Digital safety education: All Cubans would benefit from educational initiatives that inform them how to keep their online activity and data secure. Support for educational and public awareness campaigns that introduce basic concepts on digital safety could help Cubans more effectively protect themselves from security threats online.”

 “Support Cubans’ unfettered access to the Internet: Support for initiatives that promote the free flow of information to, from, and within the island could make online media and private communication more readily available to the Cuban people amid government censorship of specific content.”

“III. UNLEASH THE POWER OF THE INTERNET: DIGITAL LITERACY”

“According to a June 2018 survey conducted by Freedom House, 80 percent of the 1,700 Cubans surveyed said they use the Internet mostly to communicate with friends and relatives and for entertainment. Very few said they used the Internet to exchange views on social and political issues, read about news and other developments, consume educational content, or to learn about topics of general interest (e.g. health, law, etc.). Increasing digital literacy in Cuba could transform the Internet in Cuba from a simple communication tool to a means through which Cubans can express social, economic, and political beliefs. Given the highly authoritarian political context, it is difficult to separate Internet freedom in Cuba from the broader quest for freedom of expression and human rights. Full access to free and unregulated information online will occur only if the Cuban government relaxes its tightly controlled grip on society and communications.”

“Recommendations”

“ICT literacy: Collaborative educational initiatives hosted by academic institutions, foreign governments, and multilateral bodies could help expand ICT literacy in Cuba. The focus of such programs should be on using the Internet for education, civic engagement, community building, economic activity, and the free exchange of opinions.”

 “Promote freedom of expression: Support for independent stakeholders could help advance rights for all Cubans. That support could include the development of projects that train Internet users to produce compelling online content that encourages diverse perspectives on society, politics, and culture.” (Emphasis added.)

“IV. U.S. MARKET ENTRY”

“China dominates Cuba’s telecommunication sector and provides a challenge to U.S. firms looking to enter the sector. . . . [China] is able to offer robust financing packages to support its exports to Cuba—something the U.S. government is prohibited from doing and which presents a major obstacle for U.S. companies wishing to invest in ICT [information and technology firms] in Cuba.” (Emphasis added.)

“U.S. companies informed the subcommittees they are often deterred from entering the market due to uncertainty caused by frequent changes to U.S. regulations concerning Cuba. Other [U.S.] companies have chosen not to offer key products and services, citing reasons ranging from regulatory ambiguity to banks’ reluctance to process payments originating in Cuba due to the U.S. embargo.” (Emphasis added.)

“Recommendations”

“Facilitate exports and services: Consider expediting the review of National Security controlled encryption items, provided such treatment would be consistent with U.S. foreign policy and national security interests. In addition, review banking and financial regulations related to Cuba to ensure that Cubans can access paid applications and cloud-based technology.” (Emphasis added.)

“Engage with U.S. private sector: The U.S. Government could continue discussions with the U.S. private sector to clarify current regulations and seek feedback on how the regulations affect their ability to invest in ICT in Cuba.” (Emphasis added.)

Cuban Government’s Criticism of the Task Force

To date I have not found any Cuban comments about,  including criticism, of this Final Report. Therefore, here are previous criticisms upon the creation of the Task Force in January 2018.[2]

On January 31, 2018,  the Cuban Foreign Ministry sent a note protesting the U.S. recent creation of the Cuba Internet Task Force. It expressed Cuba’s “strong protest for the pretension of the US government to violate flagrant Cuban sovereignty, with respect to national competence to regulate the flow of information and the use of mass media, while rejecting the attempt to manipulate the Internet to carry out illegal programs for political purposes and subversion, as part of their actions aimed at altering or changing the constitutional order of the Republic of Cuba.”

This Task force has “the stated objective of promoting in Cuba the ‘free and unregulated flow of information.’ According to the announcement, this task force will ‘examine the technological challenges and opportunities to expand Internet access and independent media’ in Cuba.

Cuba “again demands that the Government of the United States cease its subversive, interfering and illegal actions against Cuba, which undermine Cuban constitutional stability and order, and urges it to respect Cuban sovereignty, International Law and the purposes of and principles of the Charter of the United Nations.”

The “Cuban Foreign Ministry reiterates the determination of the Government of Cuba not to tolerate any type of subversive activity or interference in its internal affairs and, as a sovereign country, to continue defending itself and denouncing the interfering nature of this type of action.”

“Cuba will continue to regulate the flow of information as is its sovereign right and as is practice in all countries, including the United States. Cuba will also continue advancing in the computerization of its society, as part of the development of the country and in terms of the social justice objectives that characterize its Revolution.”

Other Cuban Criticism of the Task Force

Granma, the official newspaper of the Communist Party of Cuba, said, “In the past phrases like promoting ‘freedom of speech’ and ‘expanding access to the internet in Cuba’ have been used by Washington as a pretext for schemes to destabilize the country using new technologies.”

One of Granma’s journalists, Sergio Gómez, declared, “If the administration of President Donald Trump intends to use new technologies to impose changes in the internal order of Cuba, he chose very old roads that have already demonstrated their ineffectiveness, without mentioning the obvious fact that they violate the laws of the affected country, even those of the United States.” Moreover, the “terrain chosen for the new aggression, Internet, clearly demonstrates what the true objectives of Washington are when it demands ‘free access’  to the network in the countries that oppose it, while in its territory it maintains a tracking system and accumulation of data about what citizens do on the web.”

Gómez also asserted that the U.S. “shows a clear pattern of the use of social networks and the internet with objectives geopolitical and domination. All part of a doctrine of unconventional war designed to destabilize nations without the direct use of military forces, which has taken root after the failures in the conflicts in Iraq and Afghanistan.”

In another article, Gómez added details about Cuba’s expanded Internet access apparently to reject the implicit premise of the U.S. announcement that Cuba was continuing to suffer from lack of such access. Gomez said, “Cuba, by sovereign decision and to the extent of its economic possibilities, is increasing the access of its citizens to the network of networks. According to information provided by specialist Rosa Miriam Alizada, ‘2017 will be remembered as the boom in the expansion of access to the network in our country, with 40% of Cubans connected to the Internet, 37% more than in 2010, and for the naturalization of the internet connection in urban spaces from one end of the island to the other.’”

Gomez also said, “Although the State Department tries to camouflage its . . . [Task Force] as a philanthropic project to improve access to the network of networks in . . .  [Cuba], the list of participants in . . . [its] first meeting . . . betrays its true intentions.”

  • One participant, the Office of Cuba Broadcasting, “is the umbrella of Radio and TV Martí, two relics of the Cold War designed to issue enemy propaganda and carry out psychological operations against Cuba. Millions of dollars of American taxpayers have been wasted in the failed projects of this organization, [which has been] subjected to several audits for corruption scandals and embezzlement.”
  • Another participant, U.S. Agency for International Development (USAID), ”is the public arm of the CIA and financier of subversive projects against Cuba such as ZunZuneo and Commotion, whose disclosure by the press was a shame for the US authorities due to its ineffectiveness and violation of international laws.”

Gomez and co-author Iramsy Peraza Forte added that “the U.S. has been using communications technologies to attack Cuba ever since the age of shortwave radios and the emergence of television.” Indeed, “From psychological warfare propagated by the mass media to unconventional warfare, which has been adapted to the internet age, Cuba has been a test site for U.S. schemes designed to overthrow governments which do not respond to its interests.”

Another Cuban journalist with a Doctorate in Political Science from the University of Havana, Randy Alfonso Falcón, reported this was not the first time the U.S. had attempted to use the Internet regarding Cuba. On February 14, 2006, then Secretary of State Condoleezza Rice created the Global Internet Freedom Task Force for “maximizing freedom of expression and free flow of information and ideas, especially in Cuba, Iran and China.

Therefore, Falcón believes, “In the face of US action In the Cuban digital public space, our response cannot be merely defensive. We must look forward with a scientifically based vision that mobilizes responses and alternatives from Cuba to the extraordinary ideological and cultural confrontation that arises. Take by assault, from the knowledge, the tools of the new colonizers, build ours and endow them with symbols and emancipating essences.”

The day before the Task force’s inaugural meeting, Reuters reported from Havana that there are now “a handful of web-based news outlets in recent years in Cuba in the wake of the expansion of internet and broader social and economic freedoms. . . .These new outlets have been tolerated as long as they are not ‘counter-revolutionary’ and “have been chipping away at a half-century state monopoly, offering independent reporting and winning prestigious journalism prizes.”

Moreover, several representatives of these independent media, according to Reuters, have expressed opposition to the Task Force.

U.S. Criticism of This Task Force

The creation of the Task Force was criticized by Michael Bustamante, an assistant professor of Latin American history at Florida International University. He said, “By casting the issue of internet access in an explicitly political frame, it will only create greater obstacles for those U.S. telecom companies that have made inroads toward partnerships with the Cuban side. Measures like these strengthen the hand of those in Cuba for whom the prospect (and reality) of external meddling justifies maximum caution with respect to internal reform.”

Cuba expert Ted Henken at Baruch College in New York, said, “”The solution proposed by the Trump administration is perhaps even worse than the disease. It will likely empower not the independent media or citizens but only the Cuban government to more easily justify the unjustifiable – more control and repression of independent media and unmediated access to information.”

Alan Gross, the previously mentioned U.S. citizen who was arrested, convicted and imprisoned in Cuba for illegally bringing communications equipment to the island, has objected to the Task Force.  “My first response was ‘Are you kidding me?’ We are supposed to learn from our mistakes. I learned the hard way that it’s illegal to distribute anything in Cuba that’s funded in full or part by the U.S. government. Until the government of Cuba wants the kind of assistance United States is capable of providing, the United States shouldn’t be doing stuff there.”

Conclusion

The Task Force, from its creation to its Final Report, is based upon the false and illegal premise that the U.S. unilaterally may and should decide what Internet services Cuba or any other country should have and then take unilateral steps to provide those services and equipment. Instead the U.S. should politely ask Cuba or any other country whether there was any way the U.S. could assist in improving their Internet service.

In addition, the Cubans correctly point out that the U.S. through USAID and other means previously has attempted to change Cuban policies about free access to information with the U.S. intent of changing Cuba policies and even its political and economic system. Cuba has a right to be sceptical and hostile to any recommendations by this Task Force.

The Final Report also makes clear that a significant motivation of the Task Force was to improve U.S. private firms’ access to the Cuban market for Internet products and services, which is a legitimate U.S. interest. The Final Report also correctly, but somewhat surprisingly, points out that the U.S. embargo and changing policies about Cuba make that access more difficult. Therefore, the Task Force should have gone further and called for the end to the U.S. embargo of the island and other acts of hostility towards Cuba.

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[1] State Dep’t, Cuba Internet Task Force: Final Report (June 16, 2019).

[2] See these posts to dwkcommentaries: State Department Creates Cuba Internet Task Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property (Jan. 25, 2018); Cuba Protests U.S.’ Cuba Internet Task Force (Feb. 1, 2018); U.S.’ Cuba Internet Task Force Holds Inaugural Meeting (Feb. 8, 2018); Objections to the U.S.’ Cuba Internet Task Force (Feb. 9, 2018).

 

President Trump Considering Another Hostile Action Against Cuba 

On January 16, U.S. Secretary of State Mike Pompeo extended for 45 days the right to bring certain lawsuits in U.S. federal courts  by Americans who owned property in Cuba that was confiscated by its government. [1]

The Announcement

The State Department stated that this 45-day extension, instead of the usual six-month extension, “will permit us to conduct a careful review of the right to bring action under Title III [of the Helms-Burton or LIBERTAD Act] in light of the national interests of the United States and efforts to expedite a transition to democracy in Cuba and include factors such as the Cuban regime’s brutal oppression of human rights and fundamental freedoms and its indefensible support for increasingly authoritarian and corrupt regimes in Venezuela and Nicaragua.”

This announcement added, “We call upon the international community to strengthen efforts to hold the Cuban government accountable for 60 years of repression of its people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting this dictatorship.”

This right to sue was created by Title III of the Helms-Burton Act of 1996. It would permit lawsuits against persons who profit from property in Cuba that was expropriated from Americans. For example, there could be hundreds of lawsuits against corporations around the world, such as  Spanish companies that run Cuban hotels as well as Chinese and Turkish firms renovating Cuban ports. Exempt from this provision of  the Act  are U.S. companies involved in U.S. legal travel to Cuba such as AirBnB, airlines and cruise companies. But the exact meaning of this exemption could be tested in litigation, for example, over U.S. and foreign airlines landing at Havana’s Jose Marti Airport, which is built on land expropriated from a family now living in Miami.

Every  U.S. president since the enactment of the Helms-Burton Act, starting with Bill Clinton and including Trump in 2017 and 2018, has suspended Title III, for six months each time, because of its potential to alienate U.S. allies and complicate any future American detente with Cuba. Moreover, not suspending title III would create a huge obstacle to new foreign investment in Cuba.[2]

The most recent extension of only 45 days and the stated reason for this extension raise the real possibility that the Trump Administration will grant no additional suspensions or waivers of Title III and thereby permit such lawsuits.

Reactions to This Announcement[3]

This announcement predictably was applauded by Senator Marco Rubio (Rep., FL). He said in a tweet that it “is a strong indication of what comes next. If you are trafficking in stolen property in #Cuba, now would be a good time to get out.” A similar opinion was expressed by Representative Mario Diaz-Balart (Rep., FL).

Three U.S. experts on Cuba, however, criticized this possible change. Professor William LeoGrande of American University said, “It would cause an enormous legal mess, anger U.S. allies in Europe and Latin America, and probably result in a World Trade Organization case against the U.S.” He added that the State Department previously had estimated that allowing Title III to go into effect could result in 200,000 or more lawsuits being filed. Another expert, Phil Peters, said, “If they take this decision they will be moving from a policy of limiting U.S. engagement with Cuba to a policy of very actively trying to disrupt the Cuban economy.” The third, Michael Bustamante, assistant professor of history at Florida International University, stated, “Legitimate property claims need to be resolved, but in the context of a bilateral negotiation. Those backing the enforcement of Title III seem most intent on sowing havoc rather than achieving a positive good.”

Cuban authorities naturally had negative reactions to this proposed change. President Miguel Diaz-Canel said on Twitter that “we vigorously reject this new provocation, meddling, threatening and bullying, in violation of international law.”

Cuban Foreign Minister Bruno Rodriguez described the announcement as “political blackmail and irresponsible hostility aimed at hardening the blockade on Cuba. The government of President Donald Trump threatens to take a new step that would reinforce, in a dangerous way, the blockade against Cuba, would flagrantly violate International Law and directly attack the sovereignty and interests of third countries. It . . . [is] a hostile act of extreme arrogance and irresponsibility [issued in] the disrespectful and slanderous language of the State Department’s public message.”

Conclusion

This U.S. announcement follows shortly after U.S. Senators Robert Menendez and Rubio called for another hostile U.S. action against Cuba—the re-establishment of the U.S. parole policy for Cuban medical professionals, which was criticized in a recent post.[4]

Both of these proposed U.S. actions may well have been promoted or provoked by National Security Advisor John Bolton, who has long-held hostile opinions about Cuba and more recently has called Cuba, Venezuela and Nicaragua “the Troika of Tyranny.” Moreover, on November 1 in Miami, Bolton said the Administration was “seriously” considering new measures against the Cuban government, including allowing Cuban exiles whose properties were confiscated by the Castro government to file lawsuits in U.S. courts against foreign companies currently using those properties.[5]

Both of these proposed hostile actions by the U.S., in this blogger’s opinion, are ill-advised as unnecessarily creating additional conflicts with a close neighbor, with whom the U.S. should be fostering better relations as was done by President Obama after December 17, 2014.

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[1] U.S. State Dep’t, Secretary’s Determination of 45-Day Suspension Under Title III of LIBERTAD Act (Jan. 16, 2019); Reuters, U.S. Considering  Allowing Lawsuits Over Cuba-Confiscated Properties, N.Y. Times (Jan. 16, 2019); Assoc. Press, Trump Weighs Dramatic Tightening of US Embargo on Cuba, N.Y. Times (Jan. 17, 2019).

[2] U.S..State Dep’t, United States Determination of Six Months Suspension under Title III of LIBERTAD Act (July 14, 2017); Lederman, Trump administration again suspends a part of Cuba embargo, Fox News (July 14, 2017); Whitefield, Trump to suspend lawsuit provision of Helms-Burton Act in August, Miami Herald (July 17, 2017); U.S. Continues To Suspend Part of Its Embargo of Cuba, dwkcommentaries.com (July 20, 2017); U.S. State Dep’t, United States Determination of Six Months Suspension under Title III of LIBERTAD Act (Jan. 24, 2018); State Department Creates Cuba Internet Task Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property, dwkcommentaries.com (Jan. 25, 2018); U.S. State Dep’t, Secretary’s Determination of Six Months Suspension under Title III of LIBERTAD Act (June 28, 2018); Whitefield, Trump administration extends ban on lawsuits over confiscated property in Cuba, Miami Herald (June 28, 2018).

[3] Fn. 1; Guzzo, U.S. might allow lawsuits over U.S. properties nationalized in Cuba, Tampa Bay Times (Jan. 17, 2019); Cuba Foreign Minister Rodriguez, Cuba strongly rejects the threat of activation of Article III of the Helms Burton Act, Granma (Jan. 17, 2019).

[4] Senators Menendez and Rubio Call for Restoring U.S. Parole Program for Cuban Doctors, dwkcommentaries.com (Jan. 11, 2019).

[5] U.S. National Security Advisor Announces New U.S. Hostility Towards Cuba, dwkcommentaries.com (Nov. 3, 2018).

State Department Creates Cuba Internet Task  Force and Suspends Enforcement of Statutory Liability for Trafficking in Certain Cuban Expropriated Property 

This week the U.S. State Department has taken two actions regarding Cuba: (1) creation of the Cuba Internet Task Force and (2) granting another six-month extension of the right of U.S. persons to sue traffickers in U.S. property that was expropriated by the Cuban government.

U.S.’ Cuba Internet Task Force.

On January 23, the U.S. Department of State issued a terse announcement that it “is convening a Cuba Internet Task Force composed of U.S. government and non-governmental representatives to promote the free and unregulated flow of information in Cuba. The task force will examine the technological challenges and opportunities for expanding internet access and independent media in Cuba.” The announcement also stated that the first public meeting of the Task force would be on February 7.[1]

This action was pursuant to President Trump’s June 16, 2017’s National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba that he dramatically signed at a public meeting in the Little Havana district of Miami, Florida. The purpose of that document was to announce various policies “to promote a stable, prosperous, and free country for the Cuban people. . . . [to] channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society [and to condemn abuses by the Cuban regime]. . . . [The] Administration will continue to evaluate its policies so as to improve human rights, encourage the rule of law, foster free markets and free enterprise, and promote democracy in Cuba.” (Section 1)[2]

More specifically Section 2 (d) of that Presidential Memorandum stated that the U.S. was to “Amplify efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.”

The creation of the Task Force was criticized by Michael Bustamante, an assistant professor of Latin American history at Florida International University. He said, “By casting the issue of internet access in an explicitly political frame, it will only create greater obstacles for those U.S. telecom companies that have made inroads toward partnerships with the Cuban side. Measures like these strengthen the hand of those in Cuba for whom the prospect (and reality) of external meddling justifies maximum caution with respect to internal reform.”

Cuba immediately registered strong objections to the creation of this Task Force with good reason.[3]

Granma, the official newspaper of the Communist Party of Cuba, said, “In the past phrases like promoting “’freedom of speech’ and ‘expanding access to the internet in Cuba’ have been used by Washington as a pretext for schemes to destabilize the country using new technologies.”

One of Granma’s journalists, Sergio Gómez, declared, “If the administration of President Donald Trump intends to use new technologies to impose changes in the internal order of Cuba, he chose very old roads that have already demonstrated their ineffectiveness, without mentioning the obvious fact that they violate the laws of the affected country. even those of the United States.” Moreover, the “terrain chosen for the new aggression, Internet, clearly demonstrates what the true objectives of Washington are when it demands ‘ree access’  to the network in the countries that oppose it, while in its territory it maintains a tracking system and accumulation of data about what citizens do on the web.”

Gómez also asserted that the U.S. “shows a clear pattern of the use of social networks and the internet with objectives geopolitical and domination. All part of a doctrine of unconventional war designed to destabilize nations without the direct use of military forces, which has taken root after the failures in the conflicts in Iraq and Afghanistan.”

In another article, Gómez added details about Cuba’s expanded Internet access apparently to reject the implicit premise of the U.S. announcement that Cuba was continuing to suffer from lack of such access. Gomez said, “Cuba, by sovereign decision and to the extent of its economic possibilities, is increasing the access of its citizens to the network of networks. According to information provided by specialist Rosa Miriam Alizada, ‘2017 will be remembered as the boom in the expansion of access to the network in our country, with 40% of Cubans connected to the Internet, 37% more than in 2010, and for the naturalization of the internet connection in urban spaces from one end of the island to the other.’”

Another Cuban journalist with a Doctorate in Political Science from the University of Havana, Randy Alfonso Falcón, reported this was not the first time the U.S. had attempted to use the Internet regarding Cuba. On February 14, 2006, then Secretary of State Condoleezza Rice created the Global Internet Freedom Task Force for “maximizing freedom of expression and free flow of information and ideas, especially in Cuba, Iran and China. The author also asserts that this general strategy was continued in the Obama administration.

Therefore, Falcón believes, “In the face of US action In the Cuban digital public space, our response cannot be merely defensive. We must look forward with a scientifically based vision that mobilizes responses and alternatives from Cuba to the extraordinary ideological and cultural confrontation that arises. Take by assault, from the knowledge, the tools of the new colonizers, build ours and endow them with symbols and emancipating essences.”

Suspension of Right To Sue Over Trafficking in Expropriated Property[4]

On January 24, the day after the creation of the Task Force, the State Department announced that once again it was suspending for six months the right to bring a legal action under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (a/k/a the Helms-Burton Law).

That Title III in section 302 states, “any person that . . . traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages.”

Since its adoption in 1996, however, Title III has been suspended for consecutive six-month periods by orders of Presidents Bill Clinton, George W. Bush, Barack Obama and now Donald Trump. These suspensions have been made to avoid risking the alienation of U.S. setting legal precedents that contradict other principles of U.S. or international law and opening the door to a potential flood of claims.

John Kavulich, president of the United States-Cuba Economic and Trade Council, said last year that this clause could be “used as a surgical tool to pressure” governments and foreign companies to encourage the Government of Cuba to resolve the 5,913 certified claims that there is in the United States ,” for a total amount of $1.9 billion (with interest).

As previous posts have explained, Cuba recognizes its obligation under international law to pay reasonable compensation for expropriation of property owned by foreigners and in fact has done so for claimants from other countries. Thus, Cuba has conceded the major premise of any I.S. claim for damages for expropriation. In addition, this blog has suggested that the dispute over compensation for expropriation of property owned by Americans be submitted for resolution by an international arbitration tribunal. Presumably the only issue that might be disputed is the value of the property at the time of the expropriation and the amount of interest thereon.[5]

Conclusion

U.S. citizens who support U.S.-Cuba normalization now must see who is appointed to the Cuba Internet Task Force and what it proposes to do. For this blogger, the Task force is based on the erroneous premise that the U.S. may and should unilaterally decide what Internet facilities and access another country should have and unilaterally provide such facilities and technology.  Instead, the U.S. should seek to negotiate bilateral agreements with other countries to cooperate on such issues.

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[1] U.S. State Dep’t, Creation of the Cuba Internet Task Force (Jan. 23, 2018); Reuters, State Department creates Cuba Internet Task Force (Jan.23, 2018); Torres, Trump administration wants to expand internet access in Cuba, Miami Herald (Ja. 23, 2018).

[2] President Trump Announces Reversal of Some U.S.-Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).   Surprisingly this Presidential Memorandum is no longer available on the White House website.

[3] Washington creates Internet Task Force to promote subversion in Cuba, Granma (Jan. 24, 2018); Gomez, The United States takes up failed policies towards Cuba, Granma (Jan. 23, 2018); Gomez, United States creates a new Task Force on the Internet for subversion in Cuba, Granma (Jan. 24, 2018).  See also posts cited in the “U.S. Democracy Promotion in Cuba” section of List of Posts to the List of Posts to dwkcommentaries.com—Topical: CUBA.

[4]  U.S. State Dep’t, United States Determination of Six Months’ Suspension Under Title III of Libertad (Jan. 24, 2018); Provision that allows Cuban Americans to sue for confiscated property in Cuba is suspended, Miami Herald (Jan. 24, 2018); Trump suspends for another six months the clause of the Helms Burton that allows expropriation lawsuits, Diario de Cuba (Jan. 24, 2018); Falcón, The US strategy for Cuba in the digital public space, CubaDebate (Jan, 24, 208).

[5]  See Resolution of U.S. and Cuba’s Damage Claims, dwkcommentaries.com (April 6, 2015); Resolving U.S. and Cuba Damage Claims, dwkcommentaries.com (Dec. 13, 2015).

 

 

Raúl Castro To Remain Cuba’s President for At Least Two More Months  

On December 21, 2017, Cuba’s National Assembly determined that Raúl Castro’s term as President would be extended from February 24 to April 19. The stated reason for the extension was the delay in the start of the electoral cycle caused by Hurricane Irma.[1]

Some, however, speculate that the real reason for the extension is trying to cope with Cuba’s many economic and political problems—slower economic growth (if not decline), declining support from struggling Venezuela and increased U.S. hostility. Perhaps a clearer indication of what is happening will be provided by the March meeting of the Central Committee of Cuba’s Communist Party to discuss the results of the economic guidelines, or reforms, introduced under Castro and talk about a strategy for the coming years.[2]

Indeed, during this session of the National Assembly President Castro said, “Next year will also be complicated for the external finances of the nation, however, we will continue credibility of our economy and reiterate to the creditors the fulfillment of the agreed commitments, and we thank support and understanding for the transitory difficulties that we face.” However, Castro did say, “when the National Assembly is constituted, my second and last term [as] . . . the head of the State and the Government [will end] and Cuba will have a new president.”

Simultaneously the Cuban Government announced new regulations on the emerging private and cooperative sectors of the nation’s economy to more closely regulate the income distribution by cooperatives so that no one may earn more than three times of others in the cooperative.  This resulted from investigations revealing that in some non-agricultural cooperatives the president earned fourteen times more than the workers, that this is not a cooperative, but rather a private company and cannot be allowed.

In addition, a cooperative may operate in only one province where it has a legal domicile,  and business licenses will be limited to one per person.

Cuba’s Vice President Marino Murillo, who is also the government’s economy czar, said there will be no new approvals for the time being for non-agricultural cooperatives, while their maximum and minimum earnings will be limited to avoid the existence of de-facto private businesses.

According to Michael Bustamante, an assistant professor of Latin American history at Florida International University, these new regulations “suggest a continued slowing down, if not an undoing, of the economic reforms implemented between 2010 and 2016.”

===========================

[1] Deputies approve extension of the mandate of the provincial assemblies and the National Assembly, Granma (Dec. 21, 2017); Raúl Castro: “Here we are and we will be; free, sovereign and independent, CubaDebate (Dec. 21, 2017); Morales, Evaluates the march of the implementation of the Guidelines, Granma (Dec. 21, 2017); Murillo, The problems we have faced in the Update are more complex and deeper than we had thought, Granma (Dec. 22, 2017); Reuters, Cuba Delays Historic Handover from Castro to New President, N.Y. times (Dec. 21, 2017); Assoc. Press, Castro Confirms He Will Stay Cuba’s President to April, N.Y. Times (Dec. 21, 2017); Londońo, Cuba Delays End of Raúl Castro’s Presidency by Two Months, N.Y. Times (Dec. 21, 2017); Whitefield & Torres, Cuban Leader Raúl Castro will stay in power past February, Miami Herald (Dec. 21, 2107).

[2] As reported in a December 1 comment to a post about Cuba’s elections, Domingo Amuchastegui, a former Cuban intelligence analyst who now lives in Miami, said, “The fatherland is in danger; it is facing very difficult economic circumstances plus the threat of aggression from a historical enemy. Facing difficult circumstances, revolutionary leaders don’t back down. These are not times to enjoy life in Varadero and spend time with the grandchildren.”

 

 

Medical ‘Incidents’ Affecting U.S. Diplomats in Cuba Prompt U.S. To Reduce Staff at Havana Embassy and Urge Americans Not To Travel to Cuba

On September 29, following a week of news about the subject, U.S. Secretary of State Rex Tillerson issued a statement, “Actions Taken in Response to Attacks on U.S. Government Personnel in Cuba.”[1]

The Secretary’s Statement[2]

The Statement, after reviewing the “variety of injuries from attacks of an unknown nature” to 21 U.S. Embassy employees, asserted that on September 29, “the Department ordered the departure of non-emergency personnel assigned to the U.S. Embassy in Havana, as well as all family members. Until the Government of Cuba can ensure the safety of our diplomats in Cuba, our Embassy will be reduced to emergency personnel in order to minimize the number of diplomats at risk of exposure to harm.”

The Statement added that the “decision to reduce our diplomatic presence in Havana was made to ensure the safety of our personnel. We maintain diplomatic relations with Cuba, and our work in Cuba continues to be guided by the national security and foreign policy interests of the United States. Cuba has told us it will continue to investigate these attacks and we will continue to cooperate with them in this effort.”

Simultaneously the Department “issued a Travel Warning advising U.S. citizens to avoid travel to Cuba and informing them of our decision to draw down our diplomatic staff. We have no reports that private U.S. citizens have been affected, but the attacks are known to have occurred in U.S. diplomatic residences and hotels frequented by U.S. citizens.”

These action s were taken even though the ”Department does not have definitive answers on the cause or source of the attacks and is unable to recommend a means to mitigate exposure.”

This Statement was preceded by news reports that the U.S. would begin withdrawing roughly 60% of its staff from the Embassy and diplomats’ families. This was not seen as punishment for the Cuban government, but a means of protecting diplomats and their families from the strange attacks. On September 28, Heather Nauert said the Secretary was reviewing all options on “how to best protect our American personnel’ in Cuba. As a result, the U.S. will stop processing Cuban requests for visas at the Embassy.” [3]

Just prior to the issuance of this Statement, the Department held a press conference on that subject.[4] The following additional points were made:

  • “Until the Government of Cuba can assure the safety of U.S. Government personnel in Cuba, our embassy will be reduced to emergency personnel so as to minimize the number of U.S. Government personnel at risk of exposure. The remaining personnel will carry out core diplomatic and consular functions, including providing emergency assistance to U.S. citizens in Cuba. Routine visa operations are suspended indefinitely. Short-term travel by U.S. Government officials to Cuba will also be limited to those involved with the ongoing investigation or who have a need to travel related to the U.S. national security or crucial embassy operations. The United States will not send official delegations to Cuba or conduct bilateral meetings in Cuba for the time being. Meetings may continue in the United States.”
  • “The governments of the United States and Cuba have not yet identified the responsible party, but the Government of Cuba is responsible for taking all appropriate steps to prevent attacks on our diplomatic personnel in Cuba.”
  • The Department has “not ruled out the possibility of a third country as a part of the investigation, but that investigation continues.”
  • The “cooperation that the Cuban Government has given to our efforts to understand what is happening in these attacks to [has] been ongoing, and we expect it to continue.”
  • “The ordered departure will result in more than half of the embassy footprint being reduced.”
  • The Department does not “know the means, the methods, or how these attacks are being carried out, and so I could not characterize them as having stopped in August.”
  • “The staff who were affected at hotels were temporary duty staff at the embassy.”
  • The Department is not “aware of any incidents involving [our Cuban staff at the embassy] or attacks involving them.”
  • The U.S. “investigation continues, but at this moment we don’t have definitive answers on the source or cause of the attacks. And so, I really can’t speculate on engagement or not by Cubans or other parties. The investigation’s ongoing and we will see where the facts lead us in terms of cause or source.”

Reactions to the Statement[5]

Before the issuance of the Statement, the president of the American Foreign Service Association, which is the union representing U.S. diplomats, opposed the then threatened withdrawal of staff from the Havana embassy. He said, “We have a mission to do. AFSA’s view is that American diplomats need to remain on the field and in the game. We’re used to operating with serious health risks in many environments, whether it’s parasites that rip up our guts in Africa, exposure to Zika virus and dengue fever, or air pollution in China and India,”

Immediately afterwards, Senator Patrick Leahy (Dem., VT) said, “”Whoever is doing this obviously is trying to disrupt the normalization process between the United States and Cuba. Someone or some government is trying to reverse that process. . . .We must do all we can do solve this mystery so that our embassy personnel can safely return as quickly as possible.” Representative James McGovern (Dem., MA) had a similar reaction:  the drawdown will make it “harder for Cuban and American families to travel and visit loved ones” and “America cannot afford a return to the failed Cold War isolationist policies that divided families for 50 years.”

Senator Marco Rubio (Rep., FL) did not express agreement or disagreement with the Statement, but instead said these actions did not go far enough. He initially tweeted, “”Shameful that @StateDept withdraws most staff from @USEmbCuba but Castro can keep as many as he wants in U.S.” In a subsequent longer statement, he said, “it is weak, unacceptable and outrageous for the U.S. State Department to allow Raul Castro to keep as many of his operatives in the U.S. as he wants. The Cuban government has failed its obligation under international treaties to keep foreign diplomats safe on its soil. The idea that Cuba knows nothing about how these attacks took place and who perpetrated them is absurd.  . . . Until those responsible for these attacks are brought to justice, the U.S. should immediately expel an equal number of Cuban operatives, downgrade the U.S. embassy in Havana to an interests section, and consider relisting Cuba as a state sponsor of terrorism.”

President Trump, ignoring the Department’s continued refusal to blame Cuba, did just that in a brief comment about the Statement when he said, Cuba “did some bad things in Cuba.”

Michael Bustamante, an assistant professor of Latin American history at Florida International University, thought the U.S. decision for the Embassy to cease processing Cuban applications for visas to emigrate to the U.S. might violate its agreement with Cuba from the 1990s to issue 20,000 such visas a year if there is no third-country workaround for those visa applications,

The new U.S. travel warning against Americans traveling to the island did not scare tour companies, airlines, cruise ship operators and others in the travel industry. Many have said they will continue taking Americans to Cuba. Greg Geronemus, CEO of SmarTours, said, “We continue to believe that Cuba is a safe destination for our travelers, and we will be running our tours until our assessment changes. . . . . [The] experience that our travelers have had on the ground with the Cuban people has been nothing short of amazing. We have no reason to expect that these experiences will not continue.” Airbnb spokesman Nick Papas, said that “consistent with U.S. law, our operations in Cuba will continue.”

Canada also has had some of its diplomats in Havana experience similar medical problems, but its Foreign Ministry said, “We continue to monitor the situation closely and we have no plans to travel advice or remove any staff.”

Josefina Vidal, a senior Cuban diplomat who was in charge of U.S. relations until this year, called Washington’s reaction “hasty” and warned that it would “affect the bilateral relations, specifically the cooperation in matters of mutual interest.” But she said Cuba was committed to determining the cause of the symptoms experienced by the American diplomats.”

For ordinary Cubans, the Statement “stirred anxiety and dread.” The ban on Americans traveling to the island “dealt a harsh blow to Cubans who had hoped the nascent normalization of relations with the United States that began in late 2014 would usher in a period of economic growth and greater prosperity in the impoverished Communist nation.” In addition, the “decision to stop issuing visas in Havana indefinitely leaves thousands of Cubans in limbo. Washington typically grants 20,000 immigrant visas a year to reunite Cubans with relatives in the United States, and thousands more to enable students, academics and tourists to travel.” Harold Cárdenas, a popular Cuban blogger who recently started a master’s degree program in international relations at Columbia University, said, “The most immediate is it will perpetuate estrangement, not just political, but physical. There will be a price, and it will be paid by Cuban families.”

Secretary of State’s Prior Meeting with Cuba’s Foreign Minister[6]

Late afternoon on September 26, at Cuba’s request, U.S. Secretary of State Tillerson met with Cuba’s Foreign Minister Bruno Rodriguez at the State Department to discuss issues relating to the medical problems of U.S. diplomats stationed in Cuba.

Afterwards the State Department said the conversation was “firm and frank” and that Tillerson raised “profound concern” about the diplomats’ safety and security. State Department spokeswoman Heather Neuter emphasized that Tillerson conveyed how serious the situation is and emphasized that Cuba is obligated under international law to protect foreign diplomats.

The Cuban Foreign Ministry’s lengthy post-meeting statement was the following:

  • The “Foreign Minister reiterated the seriousness, celerity and professionalism with which the Cuban authorities have taken on this issue. Following instructions from the top level of the Cuban government, a priority investigation was opened . . . [immediately after] these incidents were first reported and additional measures were adopted to protect the US diplomats and their relatives. This has been recognized by the representatives of the US specialized agencies who have travelled to Cuba as from June, whose visits have been considered as positive by the Cuban counterparts.”
  • He “reiterated . . . how important it was for the US authorities to cooperate, in an effective way, with the Cuban authorities in order to clarify these incidents, which are unprecedented in Cuba.”
  • He [also] “reaffirmed . . . that the decision and the argument claimed by the US Government to withdraw two Cuban diplomats from Washington were unwarranted and emphasized that Cuba strictly abides by its obligations under the Vienna Convention on the protection and integrity of diplomats, an area in which it keeps an impeccable record.
  • “He reaffirmed that the Cuban government has never perpetrated nor will it ever perpetrate attacks of any kind against diplomats. The Cuban government has never permitted nor will it ever permit the use of its territory by third parties for this purpose.”
  • He “stated that according to the preliminary results obtained by the Cuban authorities in their investigations, which have borne in mind the information given by the US authorities, there is no evidence so far of the cause or the origin of the health disorders reported by the US diplomats.”
  • “The Foreign Minister reaffirmed that the investigation to resolve this matter is still in progress and that Cuba has a keen interest in bringing it to closure, for which it is essential to count on the effective cooperation of the US authorities. He also stated that it would be regrettable that a matter of this nature is politicized and that hasty decisions not supported by conclusive evidence and investigation results are taken.”
  • Finally, “the Minister reiterated the willingness of Cuba to continue holding the bilateral dialogue on areas of common interest, based on respect and sovereign equality, despite the profound differences that exist between the two countries. “(Emphases added.)

Earlier that same day U.S. Deputy Secretary of State John J. Sullivan told the House Foreign Affairs Committee “that it was a reasonable suspicion that Cuban authorities either were involved in the incidents or at least knew they were occurring . . . [since] Cuba keeps tight surveillance on American diplomats in the country and would be likely to know if something significant were happening to them.” However, he also admitted that with so much unknown, even that assumption is less than certain “and “as a U.S. government official, I don’t know that.”[7]

Suggested U.S. Responses to the “Attacks” on Diplomats in Cuba[8]

Although perhaps superseded by the previously mentioned Secretary’s Statement, an earlier editorial in the Wall Street Journal proposed that until Cuba offers a persuasive explanation of how these incidents occurred without Cuban collaboration, the U.S. should expel 19 Cuban diplomats from its embassy in Washington, D.C., which with the previous U.S. expulsions of two Cubans would equal the 21 Americans attacked in Cuba. If such a persuasive explanation is provided, then the Cuban diplomats could return to their posts. The Journal, however, is skeptical of such an explanation being provided in light of what it says is Cuba’s “long record of harassing U.S. government employees on the island.”

A more aggressive response suggestion has been offered by the Foundation for Human Rights in Cuba (FHRC), a U.S. 501(c)3 nonprofit organization established in 1992 to promote a nonviolent transition to a free and democratic Cuba with zero tolerance for human rights violations. It asserted the following:

  • “The unacceptability of the thesis that the perpetrator was a third party. In the circumstances of comprehensive surveillance (visual, physical, digital, phone, microphones) to which these diplomats are subject 24 by 7, it is impossible for third players to act in independent and undetected fashion for over nine months and in more than two dozen locations such as residences and hotel rooms.”
  • The unacceptability that these facts are diluted, minimized, and silenced by the Department of State and/or any other U.S. agency participating in this investigation.T
  • The unacceptability to allow the perpetrator to escape the scandal as well its political, diplomatic and financial consequences.
  • The unacceptability of diluting the legal responsibility of the perpetrator so that victims could not be compensated nor the truth identified.

Other News[9]

There has been other recent news regarding these issues.

First, a Miami television station reported that at least four additional U.S. diplomats who served in Cuba have been hurt by sonic attacks and that these incidents occurred inside the U.S. Embassy and at several Havana hotels, including the famous Hotel Nacional. This brings the total affected individuals to 25. (Presumably, under the Wall Street Journal’s rationale, if there is confirmation that 25 Americans who have been affected, there would be 23 additional Cubans expelled.)  However, the Miami Herald said that according to an unnamed State Department source, there are only 21 confirmed cases, not 25, and none of the attacks occurred at the U.S. Embassy; the same, more authoritative, message was provided at the previously mentioned September 29 press briefing.

Second, according to CNN, a senior U.S. official said that some of the 21 individuals previously counted as subjects of such attacks were targeted at least 50 times.

Third, an independent Cuban news outlet, Diario de Cuba, reports that among the Canadians similarly affected while serving in Cuba are “several children” from “more than five families of Canadian diplomats.”

 Conclusion

These medical “incidents” are deeply disturbing, and the U.S. and Cuba need to determine the cause(s) and perpetrator(s). The good news is that the U.S. is not rushing to judgment, that in the near term the U.S. is taking reasonable steps to protect its diplomats and families and that the U.S. and Cuba maintain diplomatic relations and are cooperating on these issues and other matters.

The new Travel Warning, however, goes too far when it starts, “The Department of State warns U.S. citizens not to travel to Cuba” and then admits that the “attacks” to date have been on “U.S. Embassy employees” and “have occurred in U.S. diplomatic residences and hotels frequented by U.S. citizens.” Moreover, as discussed in prior blog posts, the small number of hotels to date have all been in Havana that have been used by U.S. Embassy employees on a short-term basis and U.S. citizens who are not connected with the Embassy have not been subjects of any of these “attacks.” As a result, the new Travel Warning should have made these facts clear and at most cautioned U.S. citizens about using certain Havana hotels while also telling them that many Cuban citizens are making their Havana homes available to foreign guests and that there have been no problems associated with the many other cities and towns on the island.

For those of us favoring continuation of the process of normalizing relations between the two countries, we must continue to oppose requests for the U.S. to take various actions against Cuba, including closure of the U.S. Embassy in Havana, all before there is a well-documented conclusion to the ongoing U.S. and Cuban investigations of this mystery.

Similarly, for the same reason we must oppose the suggestion from Senator Rubio, the Wall Street Journal and any others to expel Cuban diplomats equal to the number of U.S. diplomats affected by the “sonic attacks” or whatever else has caused medical problems.

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[1]  This blog has published the following posts about these issues: U.S. and Cuba Have Diplomatic Dispute (Aug. 10, 2017); Another State Department Briefing Regarding Cuban Diplomatic Dispute (Aug. 10, 2017); Update on U.S.-Cuba Diplomatic dispute Over Health Conditions of U.S. Diplomats Stationed in Cuba (Aug. 23, 2017); At least 16 U.S. Diplomats Who Had Served in Cuba Have Medical Problems (Aug. 24, 2017) (comment to 8/24/17 post); Washington Post Editorial Blames Cuba for Americans Medical Problems in Cuba (Aug. 25, 2017) (comment to 8/24/17 post);  News About Cuba-Related Medical Problems from Canada and London (Aug. 26, 2017); In August, New Cases of Injured U.S. Diplomats in Cuba (Sept. 2, 2017); Two More U.S. Diplomats Serving in Cuba Have Medical Problems (Sept. 13, 2017); More Mystery Surrounding “Medical Attacks” on U.S. Diplomats in Cuba Sept. 14, 2017); GOP Senators Ask Administration To Take Actions Against Cuba Over U.S. Diplomats (Sept. 16, 2017); U.S. Evaluating Whether To Close U.S. Embassy in Cuba (Sept, 18, 2017); Developments Regarding U.S. Diplomats in Cuba (Sept. 20, 2017).

[2]  Tillerson, Actions Taken in Response to Attacks on U.S. Government Personnel in Cuba (Sept. 29, 2017); U.S. State Dep’t, Cuba Travel Warning (Sept. 29, 2017); Reuters, U.S. Cuts Staff from Cuba Over Mysterious Injuries, Warns Travelers, N.Y. Times (Sept. 29, 2017); Assoc. Press, US Slashes Cuba Embassy Staff, Warns Americans Not to Visit, N.Y. Times (Sept. 29, 2017).

[3]  Ordonez & Kumar, U.S. does not believe Cuba is behind sonic attacks on American diplomats, Miami Herald (Sept 26, 2017)

[4] Dep’t of State, Senior State Department Officials on Cuba (Sept. 29, 2017).

[5]  Hudson, Trump’s Thinking About Pulling US Personnel from Cuba. US Diplomats that That’s A Bad Idea, BuzzFeedNEWS (Sept. 28, 2017); Leahy, Leahy REAX On The U.S. Withdrawal of Most U.S. Embassy Personnel And Their Families From CUBA (Sept. 29, 2017); U.S. Rep. McGovern Statement on U.S. Embassy in Cuba, Travel Warning to Cuba (Sept. 29, 2017); Assoc. Press, The Latest: Democrat derides Cuba decision as overreaction, Wash. Post (Sept. 29, 2017); Harpaz & Gomez, Travel industry sticking with trips to Cuba from US, Wash. Post (Sept.29, 2017); Rubio: State Department’s Response to Cuba Attacks ‘Weak, Unacceptable and Outrageous,’ (Sept. 29, 2017); White House, Remarks by President Trump in Press Gaggle Before Marine One Departure (Sept. 29, 2017); Reuters, Trump Says Cuba ‘Did Some Bad Things’ Aimed at U.S. Diplomats, N.Y. Times (Sept. 29, 2017); Reuters, Canada Says Has No Plans to Remove Embassy Staff from Cuba, N.Y.  Times (Sept. 29, 2017); Cuba Foreign Ministry, Statement to the press by General Director for US Affairs, Josefina Vidal Ferreiro (Sept. 29, 2017); Londońo, Cubans Alarmed at U.S. Embassy Withdrawals and Travel Warning, N.Y. Times (Sept. 29, 2017); Reuters, Cubans Are Heartbroken, Angry Can’t Seek U.S. Visas in Havana, N.Y. Times (Sept. 29, 2017); Reuters, Canada Says Has No Plans to Remove Embassy Staff From Cuba, N.Y. Times (Sept. 29, 2017).

[6] Reuters, Tillerson to Meet Cuba’s Foreign Minister in Washington as Tensions Climb, N.Y. Times (Sept. 26, 2017); Assoc. Press, The Latest: Cuba Says No Clues Yet to Who Attacked Diplomats, N.Y. Times (Sept. 27, 2017); Reuters, Cuba Warns U.S. Against Hasty Decisions in Mysterious Diplomats Case, N.Y. Times (Sept. 27, 2017); Cuban Foreign Ministry, Cuba Foreign Minister meets with US Secretary of State (Sept. 26, 2017).

[7] Id. The Under Secretary’s direct testimony concerned the redesign of the State Department and U.S. Agency for International Development (USAID). (Dep’t of State, John J. Sullivan: Testimony Before the House Committee on Foreign Affairs, Sept. 26, 2017.

[8] Editorial, Cuba’s Sonic Attacks, W.S.J. (Sept. 25, 2017); FHRC, The responsibility for What Happened to U.S. Diplomats in Cuba (Sept 2017).

[9] Vela, Total number of Americans hurt in Cuba sonic attacks now at 25, Miami Television Channel 10 News (Sept. 25, 2017); Operand & Labatt, US diplomats, families in Cuba targeted nearly 50 times by sonic attacks, says US official, CNN (Sept. 24, 2017); There are children among Canadians affected by the so-called ‘acoustic attacks,’ Diario de Cuba (Sept. 28, 2017).