National Security Advisor Bolton Discusses New U.S. Sanctions Against Cuba

On April 17, as discussed in a prior post, the U.S. State Department announced new sanctions against Cuba. The major change was eliminating the waiver of Title III of the Helms-Burton (LIBERTAD) Act allowing U.S. litigation by U.S. owners of Cuban property that was expropriated by the Cuban government in the early years of the Cuban Revolution. This Act also allows the U.S. to deny or revoke U.S. visas to any person or corporate officer “involved in the confiscation of property or trafficking in confiscated property,” as well as their family members.

Later that same day in a Miami speech National Security Advisor John Bolton  proudly announced that “President Trump decided to END the Helms-Burton Title III Waivers, once and for all and that under Title IV of Helms-Burton no U.S. visas would be issued to “anyone who traffics in property stolen from Americans.” In addition, Bolton announced additional anti-Cuba measures.[1] As noted in a prior post, Bolton’s hostility towards Cuba is not new.

The Additional New Sanctions

The additional new sanctions announced by Bolton are the following:

  • Remittances from Cubans in the U.S. to family members on the island will be reduced by the U.S. Treasury Department to $1,000 per person [payor or payee?] per quarter. According to Bolton, the unlimited remittances permitted by the Obama Administration had allowed the Cuban government to evade U.S. sanctions and obtain access to hard currencies.
  • “Non-family travel” or “veiled tourism” to Cuba will be subject to new (and unspecified) restrictions in order to “steer American dollars away from the Cuban regime, or its military and security services, who control the tourism industry in Cuba.” (However, there still are 12 categories of permissible U.S. nationals travel to Cuba under Treasury Department regulations.)
  • The State Department will add five companies to its Cuba Restricted List, including Aerogaviota, an airline controlled by Gaviota, a group of tourism-relative companies controlled by the Cuban Armed Forces.[2]
  • The U.S. Treasury Department will adopt new regulations to “end the use of “U-turn transactions,” which allow the regime to circumvent sanctions and obtain access to hard currency and the U.S. banking system.”

Bolton’s Remarks

Bolton, once again, referred to Cuba, Venezuela and Nicaragua as the “troika of tyranny” and their leaders as “the three stooges of socialism.” They all now are “beginning to crumble” and the U.S. “looks forward to watching each corner of this sordid triangle of terror fail.”

While accusing Cuba of propping up Venezuela’s Maduro with thousands of security force members in the country, Bolton also warned “all external actors, including Russia, against deploying military assets to Venezuela to prop up the Maduro regime.”. The United States will consider “such provocative actions a threat to international peace and security in the region.” Bolton noted  that Moscow recently sent in military flights carrying 35 tons of cargo and a hundred personnel.

In short, from Bolton’s perspective, “the destinies of our nations will not be dictated by foreign powers; they will be shaped by the people who call this Hemisphere hme. Today, we proudly proclaim for all to hear: the Monroe Doctrine is alive and well.” (Emphasis added.)

In addition, Bolton had harsh words for President Obama’s efforts to normalize relations with Cuba. The National Security Advisor said, “Tragically, the Obama administration’s misguided Cuba policy provided the Cuban regime with the necessary political cover to expand its malign influence and ideological imperialism across the region.” He added, “In no uncertain terms, the Obama administration’s policies toward Cuba have enabled the Cuban colonization of Venezuela today.” The Trump Administration’s changes were designed to reverse “the disastrous Obama-era policies, and finally end the glamorization of socialism and communism.”

“To justify its policy of normalizing relations with Cuba, President Obama said Cuba (quote) ‘poses no genuine threat.’ Tell that to the American diplomats who were attacked in Havana. Tell that to the terrorized people of Venezuela. The reality is that the Obama government sought to normalize relations with a tyrannical dictatorship.”  In contrast, Bolton reminded his audience that Trump met with Cuban opposition activists like the Ladies in White and called the late Fidel Castro “a brutal dictator.”

Bolton also implicitly criticized Obama by saying “Naïve beliefs have now given way to clear-eyed common sense. We are no longer surrendering American liberty in the name of global governance. We are no longer selling out our friends to appease our adversaries. [We] are no longer sacrificing the interests of the American people to pursue idealistic fantasies—in Havana, Tehran, or anywhere else.”

After reciting the U.S. and allies’ efforts regarding Venezuela, Bolton said when Maduro falls, “we know that Cuba will be next.”

“Let me be clear: The Trump administration will NEVER, EVER abandon you,” Bolton said. “We will need your help in the days ahead. We must all reject the forces of communism and socialism in this hemisphere — and in this country.”

The Ignominious Timing and Location of the Announcement

Bolton intentionally and ignominiously chose the date and location for this announcement. Last week Bolton tweeted, “[I am] Pleased to announce that I will be joining the Bay of Pigs Veterans Association on April 17 in Miami to deliver remarks on the important steps being taken by the Administration to confront security threats related to Cuba, Venezuela, and the democratic crisis in Nicaragua.”

The date, April 17, was the 58th anniversary of the U.S. disastrous invasion of Cuba’s Bay of Pigs (Playa Girón). Recall that this failed military invasion of Cuba was undertaken by the Central Intelligence Agency (CIA)-sponsored paramilitary group Brigade 2506.  The U.S. gravely underestimated the force-power in Cuba and consequently led their troops to their own destruction. The U.S.-sponsored combatants were members of a counter-revolutionary military group (made up of mostly Cuban exiles who had traveled to the U.S. after Castro’s takeover plus some U.S. military personnel).This invading force was defeated within three days by the Cuba Revolutionary Armed Forces under the direct command of Fidel Castro.[3]

The location of Bolton’s remarks was  the Miami gathering of the Bay of Pigs Veterans Association. In his remarks Bolton paid them homage. He compared the aging Cuban Americans to “the brave men of Bunker Hill, Belleau Wood and Normandy,” and said the new measures were being undertaken to “honor your courage . . . by boldly confronting the evils of socialism and communism in the hemisphere.”

In his remarks, Bolton said, “This is just the beginning. As long as the people of Cuba, Venezuela and Nicaragua stand for freedom, the United States will stand with them. The remarkable story of Brigade 2506 helped inspire President Trump’s hard-hitting Cuba policy. During the 2016 campaign, he visited you here in Miami, he heard your heroic accounts, he saw your stirring pictures and today he is proud to stand by your side.”

“Together, we can finish what began on those beaches, on those famous days in April, 58 years ago today,” Bolton said to rousing applause from the aging brigade members who backed Trump in 2016 when he narrowly won the state.

Conclusion

Bolton’s vigorous embrace of the Monroe Doctrine is outrageous. That Doctrine is a self-proclaimed right to intervene militarily and otherwise in any other country in the Western Hemisphere when a U.S. president deems it appropriate.  From a Latin America perspective it was often seen as a U.S. license to intervene at will in other countries’ internal affairs and is contrary to international law. It, therefore, was entirely appropriate for then Secretary of State John Kerry in 2013 to state that “ the Monroe Doctrine is dead once and for all.”[4]

Also inappropriate was Bolton’s criticism of President Obama’s adoption of policies to normalize U.S.-Cuba relations. I thought and still think that was one of his administration’s greatest accomplishments.[5]

Another objection needs to be registered to Bolton’s comments about the Bay of Pigs. The U.S. financed, organized and ineptly assisted the Bay of Pigs invasion, I always have regarded it as horrible stain on U.S. relations with Cuba that repeatedly needs to be denounced.

Future posts will look at reactions to these U.S. policies from Cuba, the U.S. and other countries.

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[1] This post was updated after discovering on April 20 the text of Bolton’s speech on the website of the U.S. Embassy in Cuba.  See U.S. Embassy in Cuba, Ambassador Bolton Bay of Pigs Veterans Asociation-Brigade 2506 (April 17, 2019); Gámez Torres, Bolton coming to Miami to discuss U.S. action on Miami to discuss action on Cuba, Venezuela and Nicaragua, Miami Herald (April 12, 2019); Solomon, Reichmann & Lee (AP), Trump Cracks Down on Cuba, Nicaragua and Venezuela, Wash. Post (April 17, 2019); DeYoung, Trump administration announces new measures against Cuba, Wash. Post (April 17, 2019); Bolton announces new sanctions against Cuba, Venezuela and Nicaragua, Wash. Post  (Jan. 17. 2019 (partial video of Bolton’s remarks); Gámez Torres, U.S. restricts travel, remittances to Cuba as part of a new policy under Trump, Miami Herald (April 17, 2019).

[2] These five entities were added to the Cuba Restricted List on April 24, 2019: State Dep’t, Department of State Updates the Cuba Restricted List (April 24, 2019); State Dep’t, List of Restricted Entities and Subentities Associated with Cuba as of April 24, 2019 (April 24, 2019). See also these posts to dwkcommentarie.com: New Restrictions on U.S. Travel to Cuba and Transactions with Certain Cuban Entities (Nov. 8, 2017); More Cuban Businesses Forbidden to U.S. Visitors (Nov. 16, 2018); U.S. Authorizes U.S. Litigation Against Entities on Cuba Restricted List (Mar. 5, 2019); Cuba Modifies Its Cuba Restricted List (Mar. 13, 2019).

[3] Bay of Pigs Invasion, Wikipedia; Brigade 2506: Official Site of the Bay of Pigs Veterans Association.

[4] Johnson, Kerry Makes It Official: ‘Era of Monroe Doctrine Is Over,’ W.S.J. (Nov. 18, 2013).

[5] See posts listed in the “U.S. (Obama) & Cuba (Normalization), 2014,” “U.S. (Obama) & Cuba (Normalization), 2015,” “U.S. (Obama) & Cuba (Normalization), 2016,” and “U.S. (Obama) & Cuba (Normalization), 2017” sections of List of Posts to dwkcommentaries—Topical: Cuba.

 

State Department’s Announcement of New Sanctions Against Cuba

On April 17, the U.S. announced new sanctions against Cuba. The major change was eliminating the waiver of Title III of the Helms-Burton (LIBERTAD) Act allowing U.S. litigation by U.S. owners of Cuban property that was expropriated by the Cuban government in the early years of the Cuban Revolution. This Act also allows the U.S. to deny or revoke U.S. visas to any person or corporate officer “involved in the confiscation of property or trafficking in confiscated property,” as well as their family members.[1]

State Department’s Announcement of Sanctions[2]

The State Department made the official announcement of this change in remarks to the Press by Secretary of State Mike Pompeo, who said the following:

  • “In 1996, Congress passed the Cuban Liberty and Democratic Solidarity Act, also known as Libertad. Until Title III of that act, United States citizens who had their property confiscated by the Castro regime were given the right to file suit against those who traffic in such properties.”
  • “But those citizens’ opportunities for justice have been put out of reach for more than two decades. For now more than 22 years, every president, every secretary of state has suspended Title III in the hope that doing so would put more pressure on the Cuban regime to transition to democracy.”
  • The “Trump administration recognizes reality. We see clearly that the regime’s repression of its own people and its unrepentant exportation of tyranny in the region has only gotten worse because dictators perceive appeasement as weakness, not strength.”
  • “President Obama’s administration’s game of footsy with the Castros’ junta did not deter the regime from continuing to harass and oppress the heroic Ladies in White, a group of women dedicated to peacefully protesting the regime’s human rights abuses.”
  • “More broadly, the regime continues to deprive its own people of the fundamental freedoms of speech, press, assembly, and association. Indeed, according to NGO reports, Cuban thugs made more than 2,800 arbitrary arrests in 2018 alone. In the run-up to the country’s recent sham constitutional referendum, one that enshrined the Communist Party as the only legal political party in Cuba, the regime harassed, beat, and detained leaders and – opposition leaders and activists. Three hundred and ten people were arbitrarily detained according to the Cuban Commission on Human Rights and National Reconciliation.”
  • “Cuba’s behavior in the Western Hemisphere undermines the security and stability of countries throughout the region, which directly threatens United States national security interests. The Cuban regime has for years exported its tactics of intimidation, repression, and violence. They’ve exported this to Venezuela in direct support of the former Maduro regime. Cuban military intelligence and state security services today keep Maduro in power.”
  • “Sadly, Cuba’s most prominent export these days is not cigars or rum; it’s oppression. Detente with the regime has failed. Cozying up to Cuban dictators will always be a black mark on this great nation’s long record of defending human rights.”
  • “For these reasons, I’m announcing that the Trump administration will no longer suspend Title III. Effective May 2nd, . . . the right to bring an action under Title III of the Libertad Act will be implemented in full. I have already informed Congress of my decision.”
  • “Implementing Title III in full means a chance at justice for Cuban Americans who have long sought relief for Fidel Castro and his lackeys seizing property without compensation. For the first time, claimants will be able to bring lawsuits against persons trafficking in property that was confiscated by the Cuban regime. Any person or company doing business in Cuba should heed this announcement.”
  • “In addition to being newly vulnerable to lawsuits, they could be abetting the Cuban regime’s abuses of its own people. Those doing business in Cuba should fully investigate whether they are connected to property stolen in service of a failed communist experiment. I encourage our friends and allies alike to likewise follow our lead and stand with the Cuban people.”
  • “As I said throughout my trip to South America this last week, the Trump administration is committed to helping grow the wave of democracy, good governments, and openness, which is steadily building throughout the entire Western Hemisphere. On my trip last week, I saw these positive changes firsthand, and told our friends and allies that we’re with them. We’re on the side of what’s right and what is just.”
  • “Today we are holding the Cuban Government accountable for seizing American assets. We are helping those whom the regime has robbed get compensation for their rightful property. And we’re advancing human rights and democracy on behalf of the Cuban people.”

Immediately after the Secretary’s remarks, Kimberly  Breier, Assistant Secretary of State for Western Hemisphere Affairs, responded to journalists’ questions. Here are her significant responses:

  • “[O]bviously we’ve been in very deep and close contact with our allies in Europe and Canada and around the world as we consulted on this decision over the past several months as the Secretary had been shortening the period of suspension with his previous decisions. I think it’s clear if you look in the macro sense we have broad agreement with our allies in Europe and Canada and around the world on the policy objective, which is to promote democracy in Cuba and to free the Cuban people from the tyranny that they live under.”
  • “We are in broad agreement on this. Where we sometimes disagree is on the best way to achieve that. And I think at the end of the day, you’ll need to speak to the European Union and to our allies as to what response they will have, but I would like to emphasize that European companies that are operating in Cuba will have nothing to worry about if they are not operating on property that was stolen from Americans post-revolution. So I think the vast number of European companies will not have any concerns operating in Cuba.”
  • We “took a decision today based on our laws and our sovereign concerns for the property of American citizens and Europeans will respond as they see fit, and we will continue to work closely with them on this policy and on the policy in Venezuela.”
  • The “decision today is part of the trajectory that started with the Trump Administration’s NSPM-5, which was announced in June of 2017.[3]The objective of that was . . . to support the Cuban people and to deny resources to the regime, and in particular to the security services in Cuba. So this is part of a trajectory. We have since published a Cuba restricted list. We have since amended the restricted list several times, and this is part of the trajectory of the administration trying to ensure that we support the people of Cuba and not the regime of Cuba.”
  • The “Secretary’s decision was about the actions of the Cuban regime; certainly, the actions of the Cuban regime in Venezuela are part of the context of the moment in which we are living. And we are very clear, and . . . the Lima Group, which is a group of 12 countries in the Western Hemisphere, for the very first time this week announced its concern over Cuba’s role in Caracas and made public its concern, and called on the Cuban regime to support the transition in Caracas. So I think it’s a very important moment in our relations in the hemisphere as well.”
  • Over “the past two years building off of NSPM-5 and looking at the various tools that we have to implement the President’s vision for how we would conduct this policy. I think you’re going to be seeing quite a bit more from us, and that this is the beginning of a new process on this that recognizes the reality on the ground in Cuba, which is in the past 20-plus years the underlying reality in Cuba has not changed for the average Cuban..[There was no direct response to the question about whether the U.S. was considering t returning Cuba to the State Sponsors of Terrorism list.[4]]
  • “There will not be any exemptions [from this new sanction for any U.S. company doing business in Cuba].” (Emphasis added.)
  • The “Foreign Claims Settlement Commission . . . has certified nearly 6,000 claims for property confiscated in Cuba with a total value of approximately 2 billion. With interest, we believe that value is somewhere in the $8 billion range. The most recent estimate we have from 1996, at the time that the law was enacted, that there could be up to 200,000 uncertified claims that were not certified by the Foreign Claims Settlement Commission, and that value could very easily be in the tens of billions of dollars. But it will depend on, of course, whether claimants decide to pursue legal cases or not.”[5]

The day before the official announcement in an embargoed briefing for journalists, an unidentified senior State Department official said that foreigners who have been trafficking in such properties  have “had over 20 years of profiting from property stolen from American citizens.”

Hints of This and Other Anti-Cuba Measures[6]

For the last several weeks the Administration has been hinting that more anti-Cuba measures were coming.

One such  hint came from Vice President Mike Pence at a U.N. Security council meeting on April 10, when he said, “For decades, Cuba has tried to create client states across our region.  While normal countries export goods, Cuba exports tyranny and strong-arm tactics.  Even now, Cuban military and intelligence services train and support and equip Venezuela’s secret police as they silence opponents, jail and torture members of the opposition.” Pence added, “Last week, the United States took action to sanction ships transporting Venezuelan oil to Cuba.  And soon, at President Trump’s direction, the United States will announce additional action to hold Cuba accountable for its malign influence in Venezuela.” (Emphasis added.)

 Two days later, President Trump issued his Proclamation on Pan American Day and Pan American Week, which said, in part, “Sadly, the people of Cuba, Venezuela, and Nicaragua continue to live under tyranny and authoritarianism.  The brutality and corruption of the illegitimate former regime in Venezuela has crippled the country and brought it to ruin.  We must not forget that the struggle is one between dictatorship and democracy, between oppression and freedom, and between continued suffering for millions of Venezuelans and an opportunity for a renewed future of freedom and prosperity.  The community of democracies in our Western Hemisphere must continue to support the people of Venezuela, Cuba, and Nicaragua as they fight for the restoration of democracy and liberty. (Emphases added.)

Another tip came from the State Department when it announced that  that the U.S. was adding four companies and nine vessels  to the list of Venezuelan companies  that were sanctioned for transporting oil to Cuba.[7] The Department also said the U.S.“will continue to do all we can to stand up against Cuba’s support for the former Maduro regime and its hostility to the Venezuelan people’s aspiration to a peaceful, prosperous, democratic future. Cuba’s intervention only seeks to delay the inevitable—the peaceful transition back to freedom and democracy that is underway in Venezuela, led by the Venezuelan people, Interim President Juan Guaido, and the National Assembly.”  (Emphasis added.)

Another hint came directly from Secretary Pompeo on April 14 in a speech in Cucata, Colombia, when he said, “ “Cubans must understand too that there will be cost associated with continued support of Nicolas Maduro.”  (Emphasis added.)

Conclusion

Later the same day (April 17), U.S. National Security Advisor John Bolton in a speech in Miami addressed these new sanctions and other santi-Cuba measures that will be discussed in a subsequent post. Another post will review the responses to these new measures from the U.S., Cuba, Europe and Canada.

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[1]  Baker, Trump to Increase Pressure on Cuba by Lifting Lawsuit Limits, N.Y. Times (April 16, 2019); Reuters, In Major Shift, Trump to Allow Lawsuits Against Foreign Firms, N.Y. Times (April 16, 2019); Assoc. Press, Trump to Allow Lawsuits Over US Properties Seized in Cuba, N.Y. Times (April 16, 2019); DeYoung, Trump administration will allow U.S. citizens to sue over property seized after 1959,  Wash. Post (April 16, 2019).

[2] State Dep’t, [Secretary Pompeo’s] Remarks to the Press (April 17, 2019); State Dep’t, Briefing With Assistant Secretary for Western Hemisphere Affairs, Kimberly Breier (April 17, 2019).

[3] NSPM refers to National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (June 16, 2017). See President Trump Announces Reversal of Some Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).

[4] See posts listed in the “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries—Topical: CUBA.

[5]  See Resolution of U.S. and Cuba Damage Claims, dwkcommentaries.com (April 6, 2015).

[6] White House, Remarks by Vice President Pence at a Special Session of the United Nations Security Council  on the Crisis in Venezuela/New York, NY (April 10, 2019); White House,  Proclamation on Pan American Day and Pan American Week (April 15, 2019); State Dep’t, The United States Takes Action To End Cuba’s Malign Influence on Venezuela (April 12, 2019).

 

Wall Street Journal: U.S. Asserting New Plan To Re-Shape Latin America

The Wall Street Journal reports, as recent posts to this blog have indicated, the U.S. has embarked on a new campaign or plan to try to re-shape Latin American politics and governments.[1]

According to the Journal, “The Trump administration’s attempt to force out the president of Venezuela [Maduro] marked the opening of a new strategy to exert greater U.S. influence over Latin America, according to administration officials. In sight isn’t just Venezuela’s Nicolás Maduro, but also Cuba, an antagonist that has dominated American attention in the region for more than 50 years.” This new strategy also aims at  “recent inroads [in the region] made by Russia, China and Iran.”

“The Trump administration is stocked with officials who have long believed Cuba to be the more serious national-security threat.” These officials include Cuba-Americans Mauricio Claver-Carone, a National Security Council official, U.S. Senator Marco Rubio (Rep., FL) and U.S. Rep. Mario Diaz-Balart (Rep., FL). “They cite Cuba’s intelligence operations in the U.S., and its efforts to spread anti-American views in other Latin American countries. The goal, the administration’s thinking goes, is to sever ties that bind Venezuela to Cuba and sink regimes in both countries.”

Third on the target list of these U.S. officials is Nicaragua. “The State Department repeatedly warned of the country’s shift toward autocratic rule, government repression and violence. Nicaraguans are joining the flow of migrants toward the U.S. border with Mexico,” John Bolton, National Security Advisor, said. He added, “The United States looks forward to watching each corner of the [Troika of Tyranny] fall: in Havana, in Caracas, in Managua,” the capital of Nicaragua.

Conclusion

The Journal’s report confirms what was obvious from recent posts to this blog. These are unfortunate and wrong-headed developments.

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[1] Donati, Salama & Talley, U.S. Push to Oust Venezuela’s Maduro Marks first Shot in Plan to Reshape Latin America, W.S.J. (Jan. 30, 2019).

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).

The Economist Ranks Cuba as the Worst Democracy in Latin America

This January, The Economist of London published its 2018 Democracy Index for 167 countries in the world based upon five central categories: electoral process and pluralism, civil liberties, government functioning, political participation and political culture. In this global survey Cuba ranked 142 out of 167. For Latin America, Cuba ranked last. [1]

Earlier, in March 2018, the Bertelsmann Foundation of Germany also ranked Cuba last in Latin America for democracy in terms of  the quality of democracy, the market economy and governance, even worse than Venezuela and Nicaragua.[2]

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[1] Havana with Díaz-Canel is the worst ‘democracy in Latin America according to “The Economist,” Diario de Cuba (Jan. 9, 2019).

[2] Schwarz, Democracy under Pressure: Polarization and Repression Are Increasing Worldwide, Bertelsmann Stiftung (Mar. 22, 2018); Cuba is the worst country in terms of democracy  in Latin America, according to a study, Diario de Cuba (Mar. 22, 2018); CBTI/2018: Cuba  Country Report (Mar. 22, 2018).

Raúl Castro’s Celebration of the 60th Anniversary of the Cuban Revolution’s Triumph

On January 1, 2019, the 60st anniversary of the triumph of the Cuban Revolution, Raúl Castro delivered a lengthy address in Santiago de Cuba celebrating that anniversary as well as the 150th anniversary of the beginning of Cuba’s wars of independence from Spain. [1]

Castro said Cuba “will continue to prioritize defense training tasks, at all levels, in the interests of safeguarding independence, territorial integrity, sovereignty and peace, based on the strategic concept of the War of the Entire People, as is reflected in the recently approved Constitution of the Republic.”[2]

Also mentioned were the challenges facing the Cuan economy in 2019. It was necessary to “reduce all non-essential expenses and save more; increase and diversify exports; raise the efficiency of the investment process and enhance the participation of foreign investment, which, as stated in the guiding Party documents, is not a complement, but a fundamental element for development.”

In addition, the speech was peppered with the  following negative comments about the U.S. involvement in that history:

  • “Cuba’s victory against Spain “was usurped by the U.S. intervention and the military occupation of the country, which gave way to a long period of oppression and corrupt governments, subservient to its hegemonic designs.”
  • “The Revolutionaries attack on the Moncada barracks on July 26, 1953 also was an assault on ‘the crimes and abuses of a bloody tyranny, completely subordinated to the interests of the United States.”
  • “Already on January 8, 1959, upon his arrival in Havana, the Commander of the Revolution [Fidel] expressed: ‘The tyranny has been overthrown, the joy is immense and yet there is still much to be done. We do not fool ourselves into believing that from now on everything will be easy, perhaps from now on everything will be more difficult.'”
  • “On May 14, 1959, Cuba adopted the first Agrarian Reform Law “that upset the powerful economic interests of U.S. monopolies and the Creole bourgeoisie, which redoubled the conspiracies against the revolutionary process.”
  • “The nascent Revolution was subjected to all types of aggressions and threats, such as the actions of armed gangs financed by the U.S. government; assassination plans against Fidel and other leaders; the murder of young literacy teachers, many of them still adolescents; sabotage and terrorism throughout the country with the terrible toll of 3,478 dead and 2,099 disabled; the economic, commercial and financial blockade, and other political and diplomatic measures in order to isolate us; the campaigns of lies to defame the Revolution and its leaders; the mercenary invasion at Playa Girón [Bay of Pigs] in April 1961; the October [Missile] Crisis in 1962, when the military invasion of Cuba was being prepared in the United States; and an endless list of hostile acts against our homeland.”
  • “Over 60 years Cuba has has “seen twelve U.S. administrations that have not ceased in the effort to force a regime change in Cuba, one way or another, with varying degrees of aggressiveness.”
  • “Now once again, the U.S. government seems to be taking the course of confrontation with Cuba, and presenting our peaceful and solidary country as a threat to the region. It resorts to the sinister Monroe Doctrine to try to roll back history to the shameful era in which subjugated governments and military dictatorships joined it in isolating Cuba.”
  • “Increasingly, senior officials of the [U.S.] current administration, with the complicity of certain lackeys, disseminate new falsehoods and again try to blame Cuba for all the ills of the region, as if these were not the result of ruthless neoliberal policies that cause poverty, hunger, inequality, organized crime, drug trafficking, political corruption, abuse and deprivation of workers’ rights, displaced people, the eviction of campesinos, the repression of students, and precarious health, education and housing conditions for the vast majority.”
  • “They are the same who declare the intention to continue forcing the deterioration of bilateral relations, and promote new measures of economic, commercial and financial blockade to restrict the performance of the national economy, cause additional constraints on the consumption and welfare of the people, hinder even further foreign trade, and curb the flow of foreign investment. They say they are willing to challenge International Law, to contravene the rules of international trade and economic relations, and aggressively apply extraterritorial measures and laws against the sovereignty of other states.”
  • “The extreme right in Florida . . . has hijacked [U.S.] policy toward Cuba, to the pleasure of the most reactionary forces of the current U.S. government.”
  • “On July 26, [2018] here in Santiago, I explained that an adverse scenario had formed, and again the euphoria of our enemies had resurfaced, and the haste to materialize their dreams of destroying the example of Cuba. I also pointed out the conviction that the imperialist blockade of Venezuela, Nicaragua and our country was tightening. Events have confirmed that assessment.”
  • “After almost a decade of practicing unconventional warfare to prevent the continuity, or impede the return of progressive governments, Washington power circles sponsored coups – first a military coup to overthrow President Zelaya in Honduras, and later they resorted to parliamentary-judicial coups against Lugo in Paraguay, and Dilma Rousseff in Brazil.”
  • The U.S. “promoted rigged and politically motivated judicial proceedings, as well as campaigns of manipulation and discredit against leftist leaders and organizations, making use of monopoly control over mass media.”
  • “The aggressive actions [of the U.S.] against [Venezuela] . . . must cease. As we warned some time ago, the repeated declaration of Venezuela as a threat to the national security of the United States, the open calls for a military coup against its constitutional government, the military training exercises undertaken in the vicinity of Venezuelan borders, as well as tensions and incidents in the area, can only lead to serious instability and unpredictable consequences.”
  • “It is equally dangerous and unacceptable that the United States government unilaterally sanctions and also proclaims the Republic of Nicaragua a threat to its national security. We reject the attempts of the discredited OAS, Organization of American States, to interfere in the affairs of this sister nation.”
  • “Faced with the [U.S. recent reassertion of the] Monroe Doctrine, the principles of the Proclamation of Latin America and the Caribbean as a Zone of Peace, signed in Havana by Heads of State and Government, which some allies of the United States now seek to disregard, must be applied and defended, for the good of all.”[3]
  • “As expressed by our Minister of Economy and Planning at the last session of the National Assembly, the cost to Cuba of [the U.S. blockade of Cuba is]calculated according to internationally approved methodology, [at] 4.321 billion dollars last year, equivalent to almost 12 million in damages every day, a fact that is overlooked by analysts who tend to question national economic performance.”

Nevertheless, Raúl reiterated Cuba’s “willingness to coexist in a civilized manner, despite the differences, in a relationship of peace, respect and mutual benefit with the United States. We have also clearly indicated that Cubans are prepared to resist a confrontational scenario, which we do not want, and we hope that the levelest heads in the U.S. government can avoid.”

American Journalist’s Assessment of Cuba’s Current Situation[4]

Jon Lee Anderson, an American journalist who has written extensively about Cuba, first stated what he saw as Cuba’s achievements over the last 60 years. It is “stable, having overcome such existential threats as the Bay of Pigs invasion in 1961, the Cuban missile crisis in 1962 and a half-century of diplomatic isolation and withering economic sanctions imposed by the United States.”

Cuba also has “weathered the collapse of the Soviet Union, its main Cold War benefactor, and a slew of traumatic internal ructions including the Mariel boatlift in 1980 and the Cuban raft exodus in 1994. Last but not least, Cuba has managed its first major political transitions, following the death in 2016 of its defining leader, Fidel Castro; the presidential retirement, last year, of his younger brother, Raúl Castro; and Raúl’s succession in office by Miguel Díaz-Canel Bermúdez, a 58-year-old Communist Party loyalist.”

Most importantly, he says, “the Cuban Communist system shows no sign of collapse.” But it is going through significant changes with greater opportunity to disagree with the government as evidenced by recent changes to regulations affecting the private sector and the arts.

Conclusion

Although I hope that there will be increasing opportunities for Cubans to express disagreement with their government’s policies, I am not as sanguine as Anderson about whether and when there will significant changes on such questions. Like any well-established and large system or organization, such changes are difficult and usually take longer than anticipated by some.

It also is interesting to compare this lengthy speech by Raúl with the shorter and less revealing recent statement by President Diaz-Canel that was mentioned in a prior post. Is this difference significant?

According to a U.S. journalist, the latest version of the proposed new Constitution, if as anticipated it is approved in the February referendum, provides that “the National Assembly must approve a new electoral law within six months after the new Constitution is enacted. Then, within another three months, the National Assembly must choose a new president, vice president and Council of State from among its deputies currently in office.” In addition, the new Constitution would create the new office of Prime Minister, requiring the president to share power. Therefore, it is possible that Diaz-Canel will be President for only a short time.[5]

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[1] Castro, After 60 years of struggle, sacrifices, efforts and victories, we see a free, independent country, the master of its own destiny (Jan. 2, 2019).

[2] The final draft of the proposed Constitution that will be submitted to a referendum in February 2019 is now available online.

[3] In February 2018, the Monroe Doctrine was favorably mentioned, in response to a question by an academic observer, by then Secretary of State Rex Tillerson, as discussed in an earlier post.

[4]  Anderson,  Cuba’s Next Transformation, N.Y. Times (Jan. 5, 2019).

[5] Gámez Torres, Cuba could have a new government soon if draft Constitution takes effect, Miami Herald (Jan. 5, 2019).

Forces Promoting U.S. Hostility Towards Cuba

A prior post reported U.S. National Security Advisor John Bolton’s saying the Trump Administration was considering allowing Cuban-Americans to sue companies and others who now control real estate on the island that was seized from them by the Cuban government.

According to the Miami Herald, other major forces behind this proposal are Senator Marco Rubio (Rep., FL) and other South Florida lawmakers.[1]

Rubio, who is seen as one of the president’s principal advisers on Western Hemisphere issues, has pushed the proposal with the White House, the National Security Council and the State Department and is also pressing for the administration to expand the list of Cuban companies that can be sanctioned, which is another measure that Advisor Bolton mentioned in Miami on November 2.

Senator Rubio himself documented these actions in a November 1 press release. It said, “I applaud the Trump Administration for once again supporting the freedom-loving people of Cuba, Venezuela, and Nicaragua. No administration has taken stronger measures to defend democracy and target tyranny in Latin America than this one, As the Cuban regime continues to export its communist agenda throughout Latin America, the United States and our allies must keep prioritizing freedom and human rights in the Western Hemisphere. Today’s speech by Ambassador Bolton on the ‘Troika of Tyranny’ should make it clear to everyone that the Administration is not done yet.”[2]

This press release also included Senator Rubio’s 2018 actions supporting the people of Cuba, Venezuela and Nicaragua.

Another Administration advocate of increased hostile actions against Cuba is Mauricio Claver-Carone,the new National Security Council’s Senior Director for Western Hemisphere Affairs. He is a  Cuban-American attorney who was the executive director of the U.S. Cuba Democracy PAC (one of the most active pro-embargo groups in Washington) and Capitol Hill Cubans blog,[3]

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[1] Ordońez & Gámez Torres, White House considers allowing Cuban Americans to sue for island properties left behind, Miami Herald (Oct. 31, 2018).

[2] Senator Rubio, English & Spanish: Rubio Commends the Trump Administration’s Commitment to Human Rights and Democracy in Latin America (Nov. 1, 2018).

[3] Mauricio Claver-Carone, the new Latino on Trump’s team, Al Dia (Sept. 19, 2018).