Answers to Cuba’s Questions About the U.S. Presidential Policy Directive on U.S.-Cuba Normalization 

Granma, the official newspaper of the Communist Party of Cuba, poses 10 questions about the recent U.S. Presidential Policy Directive—United States-Cuba Normalization.[1]

Here are those questions with my answers.

  1. (a) Will the U.S. ever recognize that the embargo/blockade has been an illegal and unjust policy of aggression that has caused Cuba economic damages and incalculable human losses? 

Answer: No. As Ambassador Samantha Power stated at the U.N. on October 26, the U.S. believes that the embargo has been legal. As mentioned in an earlier post, I have suggested that the dispute over this issue could be and should be resolved by an independent panel of international arbitrators, such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.

  1. (b) Is the U.S. willing to compensate the Cuban people for damages and losses [allegedly] caused by the embargo/blockade?

Answer: No. The major premise for the Cuban damages claim is the contention that the embargo/blockade is illegal. The U.S. does not accept this contention. Nor, I assume, does the U.S. accept the Cuban calculation of such alleged damages. The amount of any alleged damages undoubtedly would be challenged by the U.S. in the international arbitration proceedings previously mentioned. After all, even Cuba admitted in presenting its most recent resolution against the embargo at the U.N. General Assembly that there are many other reasons for Cuba’s poor economic record, including its own mistakes.

2. [Will the U.S. end its occupation of Guantanamo Bay?]

Answer. No. The Directive clearly states that the U.S. believes that its lease of Guantanamo Bay from Cuba is legal and that the U.S. will not voluntarily return the territory to Cuba. Cuba, on the other hand, persistently asserts that the U.S. use of the territory is illegal. As a previous post suggests, this dispute should be submitted to an international arbitration panel similar to the one previously mentioned. In such a proceeding both parties would submit evidence and legal arguments, and the arbitration panel would render a decision. At any time the parties could settle this dispute by negotiating a new lease at a much higher annual rental.

  1. Should the U.S. terminate its so-called “Democracy Assistance” programs?

Answer. Yes, as this blog has consistently argued, these programs are counterproductive and illogical.[2] One cannot promote democracy with anti-democratic and undercover programs. But the U.S. continues to do so, and I will continue to object to them and call for their abolition.

  1. What does the Directive mean when it says that “democracy assistance” programs will be more “transparent” and “consistent with programming in other similarly situated societies around the world?”

Answer. I do not know what is meant by “transparent,” unless it means the U.S. Government publicly solicits applicants to conduct such programs. But such programs are not “transparent” when conducted secretly or undercover as such programs have done so in Cuba.

  1. Should the U.S. end its Radio and TV Marti?

Answer. Yes. This blog previously has called for the ending of such programs as antithetical to promoting democracy and human rights in Cuba. Now there is less need for such programs given the increasing availability of the Internet with its overwhelming information in Cuba. As the Directive states, “increased access to the internet is boosting Cubans’ connectivity to the wider world and expanding the ability of the Cuban people, especially youth, to exchange information and ideas.”

  1. What is the point of applying [U.S.] measures only benefiting a small part of the population, [the 24% currently in the] private sector?

Answer. The U.S. clearly believes that private enterprise and the private sector will enhance Cuban prosperity and that this sector needs and deserves external assistance. And President and First Secretary Raúl Castro said essentially the same thing at last April’s Seventh Congress of the Communist Party of Cuba.

7. Why [does the U.S.] maintain the restriction on creating joint ventures [with Cubans] for the development and marketing of these products, [I.e., medicines and vaccines]?

Answer. As the Directive states, the U.S. “will promote joint work [with Cuba], such as development of vaccines, treatments, and diagnostics; partner with Cuba to prevent, detect, and respond to infectious disease outbreaks; collaborate in the field of cancer control, treatment programs, and joint research; and exchange best practices related to access to healthcare.” This blogger does not know if there are restrictions against joint ventures in this area, but he clearly favors elimination of the U.S. embargo and other restrictions on U.S.-Cuba business and trade.

  1. Does [the U.S.] acknowledge that Cuba’s socio-economic model, based on the public control over the fundamental means of production, guarantees achievements in two spheres strategic for the nation’s future, [i.e., medical care and education]?

Answer. Yes, as the Directive states, the U.S. recognizes, “Cuba has important economic potential rooted in the dynamism of its people, as well as a sustained commitment in areas like education and health care.” In addition, President Obama in his March 2016 speech in Havana said, “Cuba has an extraordinary resource — a system of education which values every boy and every girl” and “no one should deny the service that thousands of Cuban doctors have delivered for the poor and suffering.”

  1. Why are U.S. companies still prohibited from investing in Cuba, with the exception of the telecommunications sector, approved by Obama in 2015?

Answer. This blogger does not know, but he clearly favors elimination of the U.S. embargo and other restrictions on U.S.-Cuba business and trade.

  1. Is President Barack Obama willing to continue using his executive prerogatives to make the policy change toward Cuba irreversible?

Answer. This blogger does not know the answer to this question, but to the extent President Obama has executive authority to enact additional liberalizations of restrictions on business and trade with Cuba in his remaining weeks in office, I hope he will do so.

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[1] Ten key questions, Granma (Oct. 27, 2016).  The Presidential Policy Directive is replicated in a previous post.

[2] See posts listed in “U.S. Democracy Promotion in Cuba” in List of posts to dwkcommentaries—Topical: CUBA.

Another U.N. Condemnation of the U.S. Embargo of Cuba

                                                                                       O

U.N. General Assembly
U.N. General Assembly

On October 26, the United Nations General Assembly voted, 191 to 0 (with two abstentions), to adopt a resolution proposed by Cuba to condemn the United States embargo of Cuba. For the first time in the 25-year history of the annual vote on such resolutions, the U.S, rather than opposing the text, cast an abstention, prompting Israel to do likewise.[1]

This post will examine the resolution’s text, its presentation by Cuba, its support by other countries and the arguments for abstention offered by the U.S. and Israel. This post will then conclude with a brief discussion of reaction to the abstention in the U.S. Prior posts discussed the similar General Assembly resolutions against the embargo that were adopted in 2011, 2014 and 2015.

The Actual Resolution

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/71/5 and A/71/L.3) had two principal operative paragraphs.

It reiterated “its call upon all States to refrain from promulgating and applying laws and measures [like the U.S. embargo against Cuba] . . . in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation (¶ 2). It also urged “States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime (¶ 3).

The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo. It then welcomed “the progress in the relations between the Governments of Cuba and the [U.S.] and, in that context, the visit of the President of the [U.S.], Barack Obama, to Cuba in March 2016” while also recognizing “the reiterated will of the President of the [U.S.] to work for the elimination of the economic, commercial and financial embargo against Cuba” and “the steps taken by the [U.S.] Administration towards modifying some aspects of the implementation of the embargo, which, although positive, are still limited in scope.”

Cuba’s Presentation of the Resolution

Bruno Rodriguez
Bruno Rodriguez

Speaking last in the debate, Cuba’s Foreign Minister Bruno Rodriguez Parrilla, presented arguments for adopting the resolution. Here are extracts of that speech:

“[T]here has been progress [between Cuba and the U.S. since December 2014] in the dialogue and cooperation on issues of common interest and a dozen agreements were signed [and] reciprocal benefits reported. Now just announced the vote of the US abstention on this draft resolution.”

“The [U.S.] president and other top officials have described [the embargo/blockade] as obsolete, useless to advance American’s interests, meaningless, unworkable, being a burden for [U.S.] citizens, . . . [harming] the Cuban people and [causing]. . . isolation to the [U.S.] and [have] called [for the embargo/blockade] to be lifted.”

“We recognize that executive measures [to reduce the scope of the embargo] adopted by the government of the [U.S.] are positive steps, but [have] very limited effect and scope. However, most of the executive regulations and laws establishing the blockade remain in force and are applied rigorously to this minute by U.S. government agencies.”

“Meanwhile, the U.S. Congress has not approved any of the 20 amendments or legislative initiatives, with bipartisan support, . . . [for] eliminating some restrictions of the blockade or even all of this policy. [Moreover,] there have been more than 50 legislative initiatives that threaten to reinforce key aspects of the blockade, preventing the President [from] approving new executive or implementing measures already adopted.”

“It cannot be underestimated in any way the powerful political and ethical message that [action by this Assembly] . . . sends to the peoples of the world. The truth always [finds] its way. Ends of justice prevail. The abstention vote announced surely is a positive step in the future of improved relations between the[U.S.] and Cuba. I appreciate the words and the efforts of Ambassador Samantha Power.”

“[There] are incalculable human damages caused by the blockade. [There is no] Cuban family or industry in the country that does not suffer its effects on health, education, food, services, prices of goods, wages and pensions.” For example, the “imposition of discriminatory and onerous conditions attached to the deterrent effects of the blockade restrict food purchases and the acquisition in the U.S. market for drugs, reagents, spare parts for medical equipment and instruments and others.”

“The [embargo/] blockade also [adversely] affects the interests of American citizens themselves, who could benefit from various services in Cuba, including health [services].”

“The [embargo/] blockade remains a massive, flagrant and systematic violation of human rights of all Cubans and qualifies as an act of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. It is an obstacle to cooperation [in] international humanitarian areas.”

“The blockade is the main obstacle to economic and social development of our people. It constitutes a flagrant violation to international law, the United Nations Charter and the Proclamation of Latin America and the Caribbean as a Zone of Peace. Its extraterritorial application adds further to its violation of international law nature of magnitude.”

“Other causes, in addition to [the blockade/embargo] . . . , determine our economic difficulties: the unjust international economic order; the global crisis; the historical distortions and structural weaknesses caused by underdevelopment; high dependence on energy and food imports; the effects of climate change and natural disasters; and also . . . our own mistakes.”

“Between April 2015 and March 2016, the direct economic damage to Cuba by the blockade amounted to $4.68 billion at current prices, calculated rigorously and prudently and conservatively. The damages accumulated over nearly six decades reach the figure of $753 billion, taking into account depreciation of gold. At current prices, [that is] equivalent to just over $125 billion.”

“On 16 April 2016 President Raul Castro Ruz said, ‘We are willing to develop a respectful dialogue and build a new relationship with the [U.S.], as that has never existed between the two countries, because we are convinced that this alone . . . [will provide] mutual benefits.’ And last September 17, he said ‘I reaffirm the will to sustain relations of civilized coexistence with the [U.S.], but Cuba will not give up one of its principles, or make concessions inherent in its sovereignty and independence.’”

“The government of the [U.S.] first proposed the annexation of Cuba and, failing that, to exercise their domination over it. The triumph of the Cuban Revolution . . . [prompted the U.S. adoption of the embargo whose purpose] was ‘to cause disappointment and discouragement through economic dissatisfaction and hardship … to deny Cuba money and supplies, in order to reduce nominal and real wages, with the aim of causing hunger, desperation and overthrow of government. ‘”

“The [new U.S.] Presidential Policy Directive [states] that the Government of the [U.S.] recognizes ‘the sovereignty and self-determination of Cuba’ and [the right of] the Cuban people to make their own decisions about their future.’” It also states “the U.S. will not seek a ‘change of regime in Cuba.’”[2]

But the Directive also says “’the [U.S.] will support the emerging civil society in Cuba and encourage partners and non-governmental actors to join us in advocating in favor of reforms. While the United States remain committed to supporting democratic activists, [we] also [will] participate with community leaders, bloggers, activists and other leaders on social issues that can contribute to the internal dialogue in Cuba on civic participation.’ The Directive goes on to say: “The [U.S.] will maintain our democracy programs and broadcasting, while we will protect our interests and values, such as Guantanamo Naval Base … The government of the United States has no intention of modifying the existing lease agreement and other related provisions.’”

The Directive also asserts that Cuba “remains indebted to the [U.S.] regarding bilateral debts before the Cuban Revolution.”

The U.S. needs to “recognize that change is a sovereign matter for Cubans alone and that Cuba is a truly independent country. It gained its independence by itself and has known and will know how to defend [its] greatest sacrifices and risks. We are proud of our history and our culture that are the most precious treasure. We never forget the past because it is the way never to return to it. And we decided our path to the future and we know that is long and difficult, but we will not deviate from it by ingenuity, by siren songs, or by mistake. No force in the world can force us to it. We will strive to build a sovereign, independent, socialist, democratic, prosperous and sustainable nation. We will not return to capitalism.”

Other Countries’ Statements of Support[3]

During the debate the following 40 countries expressed their support of the resolution:

  • Latin America: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Dominican Republic (for Commonwealth of Latin American and Caribbean States (CELAC)), Ecuador, El Salvador, Jamaica (for Caribbean Community (CARICOM)), Mexico, Nicaragua, Saint Vincent and Grenadines, Uruguay and Venezuela (for Non-Aligned Movement (NAM)).
  • Africa: Algeria, Angola, Libya, Mozambique, Namibia, Niger (for African States), South Africa, Sudan and Tonga.
  • Middle East: Egypt, Kuwait (for Organization of Islamic Conference (OIC)) and Syria.
  • Asia: Belarus, China, Democratic People’s Republic of Korea [North Korea], India, Indonesia, Iran, Lao People’s Democratic Republic, Malaysia, Myanmar, Russian Federation, Singapore (for Association of Southeast Asian Nations (ASEAN)), Thailand (for Group of 77 and China) and Viet Nam.
  • Europe: Slovakia (for European Union (EU)).

U.S. Abstention[4]

Samantha Power
Samantha Power

The U.S. Ambassador and Permanent Representative to the United Nations, Samantha Power, announced the U.S. abstention before the debate and voting on the resolution. Here are extracts of her speech about that vote.

“For more than 50 years, the [U.S.] had a policy aimed at isolating the government of Cuba. For roughly half of those years, U.N. Member States have voted overwhelmingly for a General Assembly resolution that condemns the U.S. embargo and calls for it to be ended. The [U.S.] has always voted against this resolution. Today the [U.S.] will abstain.”

“In December 2014, President Obama made clear his opposition to the embargo and called on our Congress to take action to lift it. Yet while the Obama Administration agrees that the U.S. embargo on Cuba should be lifted, . . . we don’t support the shift for the reason stated in this resolution. All actions of the [U.S.] with regard to Cuba have been and are fully in conformity with the U.N. Charter and international law, including applicable trade law and the customary law of the sea. We categorically reject the statements in the resolution that suggest otherwise.”

“But [today’s] resolution . . . is a perfect example of why the U.S. policy of isolation toward Cuba was not working – or worse, how it was actually undermining the very goals it set out to achieve. Instead of isolating Cuba, . . . our policy isolated the [U.S.], including right here at the [U.N.].”

“Under President Obama, we have adopted a new approach: rather than try to close off Cuba from the rest of the world, we want the world of opportunities and ideas open to the people of Cuba. After 50-plus years of pursuing the path of isolation, we have chosen to take the path of engagement. Because, as President Obama said in Havana, we recognize that the future of the island lies in the hands of the Cuban people.”[5]

“Abstaining on this resolution does not mean that the [U.S.] agrees with all of the policies and practices of the Cuban government. We do not. We are profoundly concerned by the serious human rights violations that the Cuban government continues to commit with impunity against its own people – including arbitrarily detaining those who criticize the government; threatening, intimidating, and, at times, physically assaulting citizens who take part in peaceful marches and meetings; and severely restricting the access that people on the island have to outside information.”

“We [,however,] recognize the areas in which the Cuban government has made significant progress in advancing the welfare of its people, from significantly reducing its child mortality rate, to ensuring that girls have the same access to primary and secondary school as boys.”

“But none of this should mean that we stay silent when the rights of Cuban people are violated, as Member States here at the [U.N.] have too often done. That is why the [U.S.] raised these concerns directly with the Cuban government during our [recent] historic dialogue on human rights . . ., which shows that, while our governments continue to disagree on fundamental questions of human rights, we have found a way to discuss these issues in a respectful and reciprocal manner.[6] We urge other Member States to speak up about these issues as well.”

“As President Obama made clear when he traveled to Havana, we believe that the Cuban people – like all people – are entitled to basic human rights, such as the right to speak their minds without fear, and the right to assemble, organize, and protest peacefully. Not because these reflect a U.S.-centric conception of rights, but rather because they are universal human rights – enshrined in the U.N. Charter and in the Universal Declaration of Human Rights – which all of our 193 Member States are supposed to respect and defend. Rights that are essential for the dignity of men, women, and children regardless of where they live or what kind of government they have.”

The U.S. concedes that it “has work to do in fulfilling these rights for our own citizens. And we know that at times in our history, U.S. leaders and citizens used the pretext of promoting democracy and human rights in the region to justify actions that have left a deep legacy of mistrust. We recognize that our history, in which there is so much that makes us proud, also gives us ample reason to be humble.”

“The [U.S.] believes that there is a great deal we can do together with Cuba to tackle global challenges. That includes here at the [U.N.], where the decades-long enmity between our nations has at best been a distraction – and at worst, an obstacle – to carrying out some of the most important work of this institution and helping the world’s most vulnerable people.”

U.S. Reactions[7]

Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “Year after year, the international community has condemned our failed unilateral sanctions that have caused great economic hardship for the people of Cuba and continue to put American businesses at a competitive disadvantage. The fact that the Administration and Israel abstained from voting for the first time ever demonstrates the growing recognition that the U.S. embargo on Cuba is a failed, obsolete policy that has no place in today’s international affairs.”

Senator Marco Rubio (Rep., FL), on the other hand, blasted the abstention, saying the Obama administration had failed to honor and defend U.S. laws in an international forum. Similar negative reactions were registered by Senators Ted Cruz (Rep., FL) and Robert Menendez (Dem., NJ), Republican Representatives from Florida, Ileana Ros-Lehtinen and Mario Diaz-Balart, and the U.S.-Cuba Democracy PAC.

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am pleased with the U.S. abstention and agree with Ambassador Power that this vote does not mean the U.S. agrees with the resolution’s stated reasons.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it. A prior post, therefore, suggested that the two countries agree to submit this and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.

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[1] U.N. Press Release, U.S. abstains for first time in annual UN vote on ending embargo against Cuba (Oct. 26, 2016).

[2] A prior post replicated the Presidential Policy Directive while another post provided reactions thereto.

[3] U.N. Press Release, General Assembly Plenary (Oct. 26, 2016); The defeat of the blockade is the world’s largest moral and political victory for the people of Cuba against the empire, Granma (Oct. 26, 2016) (Venezuela’s statement); Today not only do we vote against the blockade, we voted for hope, Granma (Oct. 26, 2016) (Bolivia’s statement).

[4] Ambassador Power, Remarks at a UN General Assembly Meeting on the Cuban Embargo (Oct. 26, 2016).  Israel, which also abstained, merely said that it welcomed the improved U.S.-Cuba relations and hoped it would lead to a new era in the region.

[5] A prior post reviewed President Obama’s eloquent speech in Havana to the Cuban people.

[6] A prior post reviewed the limited public information about the recent human rights dialogue.

[7] Ordońez, For 1st time, U.S. changes its position on U.N. resolution blasting Cuba trade embargo, InCubaToday (Oct. 26, 2016); Engage Cuba, Press Release: Engage Cuba Praises First Ever Unanimous Passage of United Nations Resolution Condemning the Cuban Embargo (Oct. 26, 2016); Lederer & Lee, US abstains in UN vote on Cuba embargo for the first time, Wash. Post (Oct. 26, 2016); Rubio, Rubio: Obama Admin Ignoring U.S. Law on Cuba Embargo, Giving More Concessions to Castro Regime at U.N. (Oct. 26, 2016).

Resolving U.S. and Cuba Damage Claims

On December 8, the U.S. and Cuba held discussions in Havana about the two countries’ damage claims: (1) U.S. claims to recover damages for U.S. property interests that were expropriated by the Cuban government at the start of the Cuban Revolution in 1959.; (2) U.S. courts’ money judgments against Cuba; (3) Cuba’s claims for alleged damages resulting from the U.S. embargo of Cuba; and (4) Cuba’s alleged damage claims for Cubans personal injuries and deaths from U.S. hostile actions.

This post will briefly examine those claims, the recent U.S.-Cuba discussions on the subject and an analysis of the issues by Washington, D.C.’s Brookings Institution.

Summary of the Claims

  1. Cuba’s Expropriation of U.S. Property[1]

Some 5,913 U.S. corporations and individuals have $1.9 billion worth of claims (without interest) for factories, farms, homes and other assets that were nationalized in Cuba after Fidel Castro’s rebels came to power in 1959. These claims have been registered and validated by the U.S. Justice Department’s Foreign Claims Settlement Commission. They are now worth roughly $8 billion when including 6.0 percent annual interest. These claims (without interest) have been categorized by the Brookings Institution’s report discussed below:

Claimants Claims Amount ($USD)
Corporate 899 1,677,280,771
Individual 5,014 229,199,112
TOTAL 5,913 1,906,479,883

 

Nevertheless, the Brookings’ report identifies these potential issues with respect to the claims validated by the U.S. Commission: (1) Whether to recognize the Commission rulings as a legitimate procedure in which cuba did not participate; (2) Whether to accept or challenge its valuations of lost properties; (3)  Whether Cuba should recognize accumulated interest as awarded by the Commission on its certified claims or whether to negotiate an alternative benchmark interest rate or other formula for partial payments.

2. U.S. Court Judgments Against Cuba[2]

In U.S. courts various plaintiffs have sued the Cuban Government, which did not appear in the cases. As a result the courts entered default judgments against Cuba, now totaling $2 billion.

3. U.S. Embargo of Cuba[3]

In a 2015 report to the United Nations General Assembly, Cuba asserted that the accumulated economic damages from the U.S. economic sanctions had reached $121 billion. The annual report offers some estimates on sectoral damages but does not discuss methodology. An earlier 1992 Cuban statement detailed these estimated cumulative losses among others:: (a) $3.8 billion for losses in the tourist industry; (b) $400 million for losses in the nickel industry; (c) $375 million for the higher costs of freighters; (d) $200 million for the purchase of sugarcane crop equipment to substitute for U.S.-manufactured equipment; and (e) $120 million for the substitution of electric industry equipment

4. Cubans Killed or Injured by Alleged U.S. Hostilities[4]

The Cuban government claims that U.S. “acts of terrorism against Cuba have caused 3,478 deaths and 2,099 disabling injuries.” Examples of such alleged acts include (a) U.S.-supported hostilities in Cuba resulting in 549 deaths between 1959-1965; (b) the Bay of Pigs invasion resulting in 176 deaths and over 300 wounded of whom 50 were left incapacitated; (c) the explosion of the French vessel La Coubre on March 4, 1960 in Havana Harbor, resulting in 101 deaths including some French sailors; (d) the terrorist bombing of Cuban Airlines Flight 455 in 1976 killing all 73 persons on board including 57 Cubans; (e) the September 11, 1980 assassination of Cuban diplomat Félix García Rodriguez in New York City; (f) Numerous aggressions from the U.S. naval base in Guantanamo resulting in the deaths of Cuban citizens; and (g) suspicions that the U.S. employed biological warfare to spread fatal dengue fever in Cuba.

Recent U.S.-Cuba Discussions[5]

Immediately before the December 8 discussions, a U.S. State Department spokesperson said the U.S. expected this to be “a first step in what we expect to be a long and complex process, but the United States views the resolution of outstanding claims as a top priority for normalization.”

Afterwards a U.S official said that reaching a settlement of these claims was “a top priority” for the U.S. and that these talks were “fruitful” and would continue in 2016. This official also said that the U.S. had provided information on the additional $2 billion in judgments awarded to plaintiffs who had sued the Cuban government in U.S. courts, proceedings that ­Havana does not recognize.

Other than the above sketchy summary, very little has publicly emerged about the specifics of the talks. It sounds as if the discussions were akin to the pretrial discovery process in U.S. civil lawsuits when parties learn about each other’s evidence and arguments.

A Cuba legal expert, Pedro Freyre, said, “It’s the first time the two countries are going back to look at this history and try to sort out a system for fixing it.” The Cubans, he added, were “very tough, very clever” in such negotiations.

Brookings Institution’s Analysis[6]

Richard Feinberg
Richard Feinberg

On the same day as the U.S.-Cuba discussions (December 8), the Brookings Institution released a cogent report on the subject by Richard Feinberg, a nonresident senior fellow in Brookings’ Latin American Initiative. [7]

Introducing the report at a press conference, Feinberg said, “The convening of these talks in Havana [is] a major milestone in the process of gradual full normalization of relations between the United States and Cuba, especially important with regard to commercial relations. Property ownership and claims are at the strategic heart of the Cuban revolution, dating from the early 1960s and also a major cause, perhaps the major cause, of the conflict between the United States and the Cuban revolution. The seizure of U.S. properties was the proximate cause of the imposition of U.S. economic sanctions back in the early 1960s.” These talks are of “strategic importance in the bilateral relationship.”

Feinberg also emphasized that both the U.S. and Cuba “agree on the principle of compensation” for expropriation of property.” Indeed, he said, to do so is in Cuba’s national interest. It “wants to demonstrate [that] it is not a rogue nation . . . [that] it is a nation of laws” and it “wants to remove major irritants to its international diplomacy and commercial relations” and “to attract international investment.”

Another point made by Feinberg was Cuba was not so poor that it could not pay any compensation, especially if the payments were spread out over time, as seems likely.

In addition to setting forth information about the above claims, the report examined the following ways of resolving these claims.

  1. The Grand Bargain

The Report asserts that “a much more promising alternative approach” is “to take advantage of the very size and complexity of the conflicting claims and to make their resolution the centerpiece of a grand bargain that would resolve some of the other remaining points of tension between the two nations, and embrace an ambitious, forward-looking development strategy for Cuba.”

In such a grand bargain, “the settlement of U.S. claims could be wrapped in a package of economic opportunities for Cuba. Importantly, the United States could further relax its economic sanctions (amending or repealing Helms-Burton), providing more trade and investment opportunities – and the capacity for Cuba to earn the foreign exchange needed to service debt obligations. In turn, Cuba will have to accelerate and deepen its economic reforms, to offer a more attractive business environment for investors and exporters. Politically, the Cuban government could present a significant softening of the U.S. embargo as a victory, offsetting any concessions made in the claims negotiations. A comprehensive package might also be more attractive to the U.S. Congress; formal Congressional consent would enhance the measures’ legitimacy and durability and help to close off any court challenges, should some claimants be unsatisfied with the final settlement.”

“The [U.S.] strategic goals in a massive claims resolution process must be political: to heal the deep wounds of past conflicts, to lay foundations for peaceful coexistence and the non-violent resolution of disputes, to avoid jeopardizing fiscal balances and crippling debt burdens, to build investor confidence and international reputation, and to help render the Cuban economy more open and competitive. . . . In the interests of both Cuba and the United States, the twentieth-century trauma of massive property seizures should be transformed into a twenty-first century economic development opportunity.”

“Wrapping a claims settlement within a more sweeping diplomatic package could have large advantages. A robust accord could help overcome long-simmering bilateral animosities and reconcile the fractured Cuban family. Potentially embarrassing ‘concessions’ by either party could be masked by larger victories on more weighty or emotive issues. What to some might appear the unseemly materialism or inequity of property claims would be subsumed within a higher-toned humanitarian achievement. Having turned the page on a half-century long era of conflict, Cuban society could begin in earnest on a new path toward social peace and shared prosperity. The claims settlement, which would bolster investor confidence, could also be linked to a reformed economic development model for Cuba actively supported by the international community.”

2. Lump-Sum Settlement

Separate resolution of the damage claims could be done in a lump-sum settlement, whereby “the two governments negotiate a total amount of financial compensation that is transferred in a lump-sum or global indemnity to the plaintiff government which in turn assumes the responsibility to distribute the transferred monies among its national claimants.” Such a settlement would provide “greater efficiency in coping with large numbers of claims; enhanced consistency in the administration and adjudication of claims; promoting fairness among claimants in setting criteria for evaluating claims and distributing awards; and upholding professionalism and integrity in the national claims commission.” In addition, sometimes lump-sum arrangements “allow the two governments to address other matters, such as broader investment and trade relations.”

3. Two-Tier Resolution

Another way for separate resolution of the U.S. expropriation damage claims is what Brookings calls a two-tier solution, “whereby corporate claimants can choose either to seek creative bargains, or join individual claimants in a lump-sum settlement.”

The 5,014 individual claims validated by the U.S. Commission total about $229 million (without interest). Of these, only 39 amount to over $1 million each while only four were valued at over $5 million. A lump-sum cash settlement of these claims could be shared share equitably by all or with caps on those over a certain figure, such as $ 1 million.

The 899 corporate claims are heavily concentrated: the top 10 corporate claims are valued at nearly $1 billion while the top 50 at $1.5 billion. “The corporate claimants could be given the opportunity to be included in a lump-sum settlement—albeit possibly facing an equity hair-cut to limit the burden on Cuba and to ensure a minimum payment to the smaller claimants—or to ‘opt out’ of the general settlement and instead seek alternative remedies” in Cuba, such as a voucher for new investment; a right to operate a new business; a final project authorization for a new venture; a preferred acquisition right for a venture; Cuba sovereign bonds; and restoration of properties.

Conclusion

Although I hope that the Brookings’s “grand bargain” or more limited negotiated solution is reached, a Miami Herald article emphasizes the difficulties in reaching any settlement. First, some of the claims that were validated by the U.S. Foreign Claims Settlement Commission could be stricken from the list that the U.S. may negotiate if the claims have not always been owned by a U.S. citizen or business. Second, the U.S. government is not authorized to negotiate the previously mentioned U.S. courts’ default judgments against Cuba. As a result, U.S. attorneys for the plaintiffs in those cases could seek to seize any assets in the U.S. of the Cuban government such as a Cuban plane or ship to satisfy the outstanding judgments. Third, Cuba also has to fear that any payment of U.S. claimants for expropriated property will invite demands for similar payments by Cuban exiles around the world and by Spanish claimants after some Spanish courts have ruled that Spain’s 1986 settlement of such claims with Cuba is not binding on at least some Spanish claimants. Fourth, the time to complete such a settlement at the end of the Obama Administration is rapidly shrinking, and a new administration in January 2017 may not be as willing to do such a deal.[8]

I, therefore, reiterate the solution proposed in a prior post: an agreement by the two countries to submit all of their damage claims against each other for resolution to the Permanent Court of Arbitration at the Hague in the Netherlands under its Arbitration Rules 2012 before a panel of three or five arbitrators.[9]

My experience as a lawyer who handled business disputes in U.S. courts and in international arbitrations leads me to believe that arbitration is the appropriate way to resolve these claims by the two governments. The International Court of Arbitration was established in the late 19thcentury to resolve disputes between governments. It would be a third-party, neutral administrator of the proceedings and the arbitrators who would be selected would also be neutral. Finally it has an existing set of arbitration rules and procedures. Moreover, in the arbitration process, both sides would gain a better understanding of the opponent’s evidence and argument that could lead to a settlement before the arbitrators would be asked to render an award.

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[1] Brookings, Reconciling U.S. Property Claims in Cuba: Transforming Trauma into Opportunity (Dec. 2015); Resolution of U.S. and Cuba’s Damage Claims (April 6, 2015).

[2] Id.

[3] Id.; U.N. General Assembly Again Condemns U.S. Embargo of Cuba (Oct. 30, 2014).

[4] Brookings, Reconciling U.S. Property Claims in Cuba: Transforming Trauma into Opportunity (Dec. 2015).

[5] Robles, Cuba and U.S. to Discuss Settling Claims on Property, N.Y. times (Dec. 4, 2015); U.S. State Dep’t, Daily Press Briefing (Dec. 7, 2015); U.S. State Dep’t, Press Release: United States and Cuba Hold Claims Talks in Havana (Dec. 7, 2015); Reuters, U.S., Cuba to Negotiate Billions in Claims Against Each Other, N.Y. Times (Dec. 7, 2015); Assoc. Press, Cuba, US Begins Talks on Confiscated Property, Damages,, N.Y. Times (Dec. 8, 2015); Miroff, In major breakthrough, Cuba and U.S. discuss $1.9 billion in property claims, Wash. Post (Dec. 8, 2015); Schwartz, U.S., Cuba Hold First Talks on Rival Claims, W.S.J. (Dec. 8, 2015); Briefing on compensation held between the governments of Cuba and the United States, Granma (Dec. 9, 2015).

[6] Brookings, Reconciling U.S. Property Claims in Cuba: Transforming Trauma into Opportunity (Dec. 8, 2015); Feinberg, Reconciling U.S. Property Claims in Cuba (Dec. 2015); Brookings Institution, Cuba Media Roundtable (Dec. 8, 2015).

[7] Brookings is a non-governmental organization that “brings together more than 300 leading experts in government and academia from all over the world who provide the highest quality research, policy recommendations and analysis on a full range of public policy issues.” Feinberg is a professor of international political economy in the School of Global Policy and Strategy (formerly the School of International Relations and Pacific Studies) at the University of California, San Diego. Previously, Feinberg served as special assistant to President Clinton for National Security Affairs and senior director of the National Security Council’s Office of Inter-American Affairs; his other government positions include positions on the policy planning staff of the U.S. Department of State and in the Office of International Affairs in the U.S. Treasury Department.

[8] Torres & Garvin, Claim game: U.S., Cuba try to hash out differences over property, Miami Herald (Dec. 12, 2015).

[9] Resolution of U.S. and Cuba’s Damage Claims (April 15, 2015).

Another U.N. General Assembly Resolution Condemning the U.S. Embargo of Cuba                                                                                    

U.N. General Assembly, 10/27/15
U.N. General Assembly, 10/27/15

On October 27, 2015, the United Nations General Assembly adopted Resolution 5 (A/RES/70/5), 191 to 2 {the U.S. and Israel against with no abstentions) on the necessity of ending the economic, commercial and financial embargo imposed by the U.S. against Cuba. This was the 24th consecutive year that the Assembly has condemned the embargo, this time with the largest number of members voting for the resolution.[1]

This post will review the resolution itself and the debate leading to its adoption and preliminary documents filed with the General Assembly before concluding with observations about where we go from here.

The Resolution

These are two key provisions of this resolution:

  • First, the General Assembly reiterates “its call upon all States to refrain from promulgating and applying laws and measures of the kind referred to in the preamble to the present resolution, in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation.”
  • Second, the General Assembly “again urges States [e., the U.S.] that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime.”

The Debate

Here we will look at Cuba’s arguments in favor of the resolution, the comments of other U.N. members supporting the resolution and those of the two countries opposing the measure (the U.S. and Israel).

Cuba[2]

Foreign Minister Bruno Rodriguez
Foreign Minister Bruno Rodriguez

In presenting the resolution, Cuba’s Foreign Minister, Bruno Rodriguez, opened by acknowledging that last December 17 U.S. President Obama “recognized that the economic, commercial and financial blockade imposed against Cuba had failed, is obsolete, has not met the originally envisaged goals and causes damages to the Cuban people and isolation to the US Government.” To that end the U.S. President “has urged the Congress . . . to do so . . . [and has used] his executive prerogatives to modify its implementation.” Nevertheless, “the economic, commercial and financial blockade imposed against Cuba is being fully and completely implemented.”

The U.S. removal removal of Cuba “ from the spurious list of States Sponsors of International Terrorism was the inevitable rectification of a nonsense, but this has hardly had any impact on the implementation of the blockade, which is supported by a far more comprehensive system of previously established sanctions and laws.”

“The blockade is a flagrant, massive and systematic violation of the human rights of all Cubans; it is contrary to International Law; it has been described as  a crime of genocide by the Convention for the Prevention and Punishment of the Crime of Genocide of 1948 and is the main obstacle to the economic and social development of our people.”

“The human damages it has caused are inestimable.  Seventy seven per cent of all Cubans have been suffering the blockade since the day they were born.  The shortages and deprivations that it causes to all Cuban families cannot be accounted for.”

According to rigorous and conservative calculations, the economic damages it has caused after more than half a century amount to [US$ 833.755 billion (based on the price of gold) or US$ 121.192 billion (current prices).

“Historically, the United States has intended to establish its domination and hegemony on our homeland and, since 1959, it has tried to change the political, economic and social system that our people,   fully exercising the right to self-determination, has freely chosen.”

“The lifting of the blockade will be the essential element that will give some meaning to the progress achieved in the last few months in the relations between both countries and shall set the pace towards normalization.”

“Cuba is ready to accept the opportunities and face the challenges of a  new era in the relations between  both countries, but it will never negotiate its socialist system or its internal affairs, nor will it allow any blemish on its independence, which was conquered at the price of the blood of its best sons and daughters and after the huge sacrifices made by many generations since the beginning of  our independence wars in 1868.”

“As has been reiterated by President Raúl Castro Ruz, both governments must find the way to coexist in a civilized manner, despite their profound differences, and advance as much as possible for the benefit of the peoples of the United States and Cuba, through a dialogue and cooperation based on mutual respect and sovereign equality.”

“We appreciate and recognize the progress achieved recently with the re-opening of embassies, the visits paid by the Secretaries of State and Commerce and the exchange of delegations; the functioning of a Steering Committee; the expansion of the areas of dialogue and cooperation, particularly in the filed of air and aviation safety; the combat of drug-trafficking, illegal migration and traffic in persons; law enforcement, environmental protection and health, among others. We are really interested in developing fruitful relations; offering our hospitality to the US citizens who enjoy the freedom of traveling to Cuba; expanding enriching, cultural, sports, scientific and academic exchanges; promoting a multifaceted cooperation in areas of common interest, trade and investments. We have initiated a human rights dialogue with a strict reciprocal character and despite our huge differences.”

“We have presented a new draft resolution that reflects the reality of the rigorous and oppressive implementation of the blockade against Cuba and also welcomes and recognizes, in the new preamble paragraphs, the progress achieved in the course of last year.”

On behalf of the heroic, self-sacrificing and fraternal people of Cuba, I ask you to vote in favor of the resolution.”

Other Countries.

Luxembourg, an U.S. ally, expressing the common position of the European Union members, said that the U.S. trade policy towards Cuba was fundamentally a bilateral issue, but that the effects and side effects of U.S. extraterritorial legislation and unilateral measures were also negatively affecting the EU’s economic interests. The EU’s Common Commercial Policy had firmly and continuously opposed such measures. The EU and the U.S. had agreed in 1998 to alleviate problems with U.S. extraterritorial legislation and the U.S. had to fully respect and implement that agreement.

Speakers from 37 other countries voiced their support for the resolution while many also welcomed the renewal of diplomatic ties between the U.S. and Cuba and the island’s removal from the U.S. list of state sponsors of terrorism. Some of these speakers, however, said the steps taken by the U.S. were still limited and that the embargo remained unchanged or had even been tightened since the historic rapprochement was announced last December.

Colombia’s permanent representative, for example, said her country was optimistic that Obama will obtain Congress to lift the embargo, which “runs counter to international law.” Jamaica’s representative, speaking on behalf of CARICOM, said the embargo wasn’t only punitive against Cuba, “but an impediment to our shared regional development.”

United States of America[3]

Ronald D. Goddard
Ronald D. Goddard

A short explanation for the U.S. vote against the resolution was provided to the General Assembly by Ronald D. Goddard, U.S. Senior Advisor for Western Hemispheric Affairs. He mentioned last December’s historic announcement of a new era in U.S.-Cuba relations and some of the subsequent steps toward normalization. In addition, he said that U.S. President Obama had “called on Congress to lift the embargo as soon as possible and has taken executive action to adjust regulations to facilitate many transactions involving Cuba.”

Therefore, Goddard continued, the U.S. regretted “that the Government of Cuba has chosen to proceed with its annual resolution. The text falls short of reflecting the significant steps that have been taken and the spirit of engagement President Obama has championed.. . . If Cuba thinks this exercise will help move things forward in the direction both governments have indicated they wish, it is mistaken.”

Israel.

Israel, the only other U.N. member to join the U.S. in opposing the resolution, merely said that it had followed the adoption of the resolution with great interest and welcomed the renewal of diplomatic relations between Cuba and the U.S. Given Israel’s special relationship with the latter, it had voted against the resolution.

Preliminary Documents Regarding the Resolution

Cuba’s Report to General Assembly. In June 2015 Cuba submitted a 37-page report to the General Assembly on its last year’s resolution on the embargo (blockade). This report contains a list of the U.S. statutes and regulations imposing the embargo and blockade and asserts that these U.S. actions have violated the Cuban people’s right to health and food; education, sports and culture; and development. In addition, this U.S. policy allegedly has damaged Cuba’s foreign commerce and investments; and finances, especially with its extraterritorial applications. These alleged damages total US$ 121.192 billion (in current prices) or US$ 833.755 billion (adjusted to reflect the depreciation of the US Dollar against the value of gold).[4]

These alleged damages include the alleged blocking of Cuban access to diagnostic equipment for monitoring the treatment of leukemia patients; preventing the sale to Cuban hospitals of devices critical for pediatric heart surgery patients; and hindering efforts by the U.N. Development Program getting medicine and support into Cuba for its over 18,000 patients living with HIV/AIDS.

U.N. Secretary-General’s Report to General Assembly. On July 30, 2015, the U.N. Secretary-General submitted a 178-page report to the General Assembly summarizing the comments on the resolution from 156 governments and 33 U.N. agencies and entities.[5] The U.S. and Israel, the only two countries to vote against the same resolution last year, had not submitted any comments at the time of the publication of this report, and the Holy See merely stated that it had “never drawn up or applied economic, commercial or financial laws or measures against Cuba.”

The other 155 governments basically supported the resolution with the European Union and Japan emphasizing that the U.S. “trade policy towards Cuba is fundamentally a bilateral issue,” but that “the extraterritorial extension of the [U.S.] embargo . . . violate commonly accepted rules of international trade.”

Of the 33 U.N. agencies and entities, the Office of the United Nations High Commissioner for Human Rights says that generally coercive economic sanctions justified on human rights grounds more often than not fail to improve those conditions; instead they punish the poorest people, the intended beneficiaries of the sanctions, at the cost of increased unemployment and poverty and risks to their health.

Conclusion

This blog consistently has called for the U.S. to end its embargo (blockade) of Cuba. It also has recommended that Cuba’s claims against the U.S. for alleged damages from the embargo be submitted for determination to the Permanent Court of Arbitration at The Hague in the Netherlands. In such a proceeding the U.S. could mount any and all arguments it has against (a) the major premise of the claims (the embargo is illegal under international law) and (b) the amount and causation of the alleged damages from the embargo. In the meantime, this blog has pointed out that as a matter of financial prudence the U.S. should end the embargo as soon as possible to reduce the amount of this contingent liability.[6]

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[1] United Nations, Despite Resumption of Relations between United States, Cuba, General Assembly Adopts, Almost Unanimously, Resolution Calling for Blockade to Be Lifted (Oct. 27, 2015); Assoc. Press, UN Overwhelmingly Condemns US Embargo on Cuba, N.Y. Times (Oct. 27, 2015); Reuters, Amid Renewed U.S., Cuba ties, U.N. condemns Embargo for 24th Year, N.Y. Times (Oct. 27, 2015); Whitefield, United Nations Votes 191-2 to condemn U.S. embargo against Cuba, Miami Herald (Oct. 27, 2015). As an example of the very limited U.S. coverage of this important U.N. action, the StarTribune, which is the major newspaper in the State of Minnesota, merely stated the following in an 8th page column of “nation+ world” news in the October 28th print edition: “UNITED NATIONS: Vote condemns embargo on Cuba In the first U.N. vote on a resolution condemning the U.S. embargo against Cuba since the two countries renewed diplomatic ties, the U.N. voted 191-2 in favor of the condemnation. The United States said that it couldn’t support the resolution because it failed to take into account ‘the significant steps in the spirit of engagement’ undertaken by the United States.”

[2] Bruno Rodriguez: “We will continue to present this draft resolution for as long as this blockade persists,” CubaMinRex (Oct. 27, 2015) (official Cuban Foreign Ministry English translation). On the day the resolution was debated in the General Assembly, Cuba’s newspaper, Granma, and its website, Cubadebate, had a minute-by-minute reporting of the proceedings starting at 08:33 a.m. (CDT). The Cuban Foreign Ministry has a separate website, “CubavsBloquero,” regarding the embargo (blockade). Another special Ministry website focuses on Cuba-EEUU {United States} relations.

[3] U.S. Mission to U.N., Explanation of Vote at a UN General Assembly Meeting on the Cuba Embargo (Oct. 27, 2015)  In the weeks before the General Assembly vote, the U.S. reportedly considered abstaining on the resolution this year. Last week, however, the U.S. decided it would not abstain because the text did not fully reflect the new spirit of cooperation between the two countries

 [4] Report by Cuba On Resolution 69/5 of the United Nations General Assembly entitled “Necessity of ending the economic, commercial and financial blockade imposed by the United States of America against Cuba” (June 2015). The Report breakdown for some, but not all, of the components of these alleged damages, but does not explain how the alleged gold standard dollar figures were calculated.

[5] U.N. Gen. Assembly, Report of the Secretary General: Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (July 30, 2015)

[6] E.g., Letter to President Obama Regarding Cuba (Aug. 17, 2012) (recommends ending embargo); Senator Klobuchar Introduces Bill To End Embargo of Cuba (Feb. 13, 2015) (Cuba’s “damage claim must be recognized as a contingent liability of the U.S., and ending the embargo will minimize the amount of that liability”); Resolution of U.S. and Cuba’s Damage Claims (April 6, 2015).

Presidents Obama and Castro Speak and Meet at United Nations

Over the last week Cuban President Raúl Castro has made two speeches at the United Nations in New York City as has U.S. President Barack Obama. Afterwards the two of them with advisors held a private meeting at the U.N. with subsequent comments by their spokesmen. Here is a chronological account of these events.

President Castro’s September 26th Speech[1]

 

On September 26, President Raúl Castro 11131154waddressed the U.N. Summit on Sustainable Development, as shown in the photograph to the right. In his remarks he said, ”The reestablishment of diplomatic relations Between Cuba and the United States of America, the opening of embassies and the policy changes announced by President Barack Obama . . . constitute a major progress, which has elicited the broadest support of the international community.”

However, he added, “the economic, commercial and financial blockade [by the U.S.] against Cuba persists bringing damages and hardships on the Cuban people, and standing as the main obstacle to our country’s economic development, while affecting other nations due to its extraterritorial scope and hurting the interests of American citizens and companies. Such policy is rejected by 188 United Nations member states that demand its removal.”

More generally Castro condemned “the pervasive underdevelopment afflicting two-thirds of the world population” and the widening “gap between the North and the South” and “wealth polarization.”

Thus, he argued, “If we wish to make this a habitable world with peace and harmony among nations, with democracy and social justice, dignity and respect for the human rights of every person, we should adopt as soon as possible concrete commitments in terms of development assistance, and resolve the debt issue.” Such a commitment, he said, would require “a new international financial architecture, removal of the monopoly on technology and knowledge and changing the present international economic order.”

Nevertheless, according to President Castro, Cuba will continue to help other developing nations despite its limited capabilities and “shall never renounce its honor, human solidarity and social justice” that “are deeply rooted in our socialist society.”

President Obama’s September 27th Speech[2]

635789669053394239-AFP-544774880

On September 27, President Obama addressed the same U.N. Summit on Sustainable Development without touching on U.S.-Cuba relations. Instead he concentrated on the purpose of the Summit– sustainable development. (His photograph is to the left.)

He started by rejecting the notion that “our efforts to combat poverty and disease do not and cannot work, that there are some places beyond hope, that certain people and regions are condemned to an endless cycle of suffering.” Instead, he asserted, “the global hunger rate has already been slashed.  Tens of millions of more boys and girls are today in school.  Prevention and treatment of measles and malaria and tuberculosis have saved nearly 60 million lives.  HIV/AIDS infections and deaths have plummeted.  And more than one billion people have lifted themselves up from extreme poverty — one billion.”

Nevertheless, much remains to be done, according to Obama, and the nations at this Summit “commit ourselves to new Sustainable Development Goals, including our goal of ending extreme poverty in our world.  We do so understanding how difficult the task may be.  We suffer no illusions of the challenges ahead.  But we understand this is something that we must commit ourselves to.  Because in doing so, we recognize that our most basic bond — our common humanity — compels us to act.”

In this work, President Obama stated, the U.S. “will continue to be your partner.  Five years ago, I pledged here that America would remain the global leader in development, and the United States government, in fact, remains the single largest donor of development assistance, including in global health.  In times of crisis — from Ebola to Syria — we are the largest provider of humanitarian aid.  In times of disaster and crisis, the world can count on the friendship and generosity of the American people.”

Therefore, Obama said, he was “committing the United States to achieving the Sustainable Development Goals” and to “keep fighting for the education and housing and health care and jobs that reduce inequality and create opportunity here in the United States and around the world.” This effort will include other “governments, more institutions, more businesses, more philanthropies, more NGOs, more faith communities, more citizens.” Moreover, the “next chapter of development must also unleash economic growth — not just for a few at the top, but inclusive, sustainable growth that lifts up the fortunes of the many.”

President Obama concluded by noting these obstacles to achieving these goals: bad governance; corruption; inequality; “old attitudes, especially those that deny rights and opportunity to women;” failure to “recognize the incredible dynamism and opportunity of today’s Africa;” war; and climate change

President Obama’s September 28th Speech[3]

 In a wide-ranging speech on international affairs, President Obama commented on U.S. relations with Cuba. He said, “I also believe that to move forward in this new era, we have to be strong enough to acknowledge when what you’re doing is not working. For 50 years, the United States pursued a Cuba policy that failed to improve the lives of the Cuban people. We changed that. We continue to have differences with the Cuban government. We will continue to stand up for human rights. But we address these issues through diplomatic relations, and increased commerce, and people-to-people ties. As these contacts yield progress, I’m confident that our Congress will inevitably lift an embargo that should not be in place anymore. Change won’t come overnight to Cuba, but I’m confident that openness, not coercion, will support the reforms and better the life the Cuban people deserve, just as I believe that Cuba will find its success if it pursues cooperation with other nations.”

Later in the speech, Obama added these words: “Think of the Americans who lowered the flag over our embassy in Havana in 1961 — the year I was born — and returned this summer to raise that flag back up. (Applause.) One of these men said of the Cuban people, “We could do things for them, and they could do things for us. We loved them.” For 50 years, we ignored that fact.

These comments were in the context of the following more general discussion of international affairs by President Obama: “We, the nations of the world, cannot return to the old ways of conflict and coercion. We cannot look backwards. We live in an integrated world — one in which we all have a stake in each other’s success. We cannot turn those forces of integration. No nation in this Assembly can insulate itself from the threat of terrorism, or the risk of financial contagion; the flow of migrants, or the danger of a warming planet. The disorder we see is not driven solely by competition between nations or any single ideology. And if we cannot work together more effectively, we will all suffer the consequences.”

“No matter how powerful our military, how strong our economy, we understand the United States cannot solve the world’s problems alone.” So too, in words that could be aimed at Cuba and others, “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow. You can jail your opponents, but you can’t imprison ideas. You can try to control access to information, but you cannot turn a lie into truth. It is not a conspiracy of U.S.-backed NGOs that expose corruption and raise the expectations of people around the globe; it’s technology, social media, and the irreducible desire of people everywhere to make their own choices about how they are governed.”

In a similar vein, Obama said, “The strength of nations depends on the success of their people — their knowledge, their innovation, their imagination, their creativity, their drive, their opportunity — and that, in turn, depends upon individual rights and good governance and personal security.”

Finally, according to Obama, we must “defend the democratic principles that allow societies to succeed” with a recognition that “democracy is going to take different forms in different parts of the world. The very idea of a people governing themselves depends upon government giving expression to their unique culture, their unique history, their unique experiences. But some universal truths are self-evident. No person wants to be imprisoned for peaceful worship. No woman should ever be abused with impunity, or a girl barred from going to school. The freedom to peacefully petition those in power without fear of arbitrary laws — these are not ideas of one country or one culture. They are fundamental to human progress.”

“A government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.”

“That’s why our strongest leaders — from George Washington to Nelson Mandela — have elevated the importance of building strong, democratic institutions over a thirst for perpetual power. Leaders who amend constitutions to stay in office only acknowledge that they failed to build a successful country for their people — because none of us last forever. It tells us that power is something they cling to for its own sake, rather than for the betterment of those they purport to serve.”

“Democracy — inclusive democracy — makes countries stronger. When opposition parties can seek power peacefully through the ballot, a country draws upon new ideas. When a free media can inform the public, corruption and abuse are exposed and can be rooted out. When civil society thrives, communities can solve problems that governments cannot necessarily solve alone. When immigrants are welcomed, countries are more productive and more vibrant. When girls can go to school, and get a job, and pursue unlimited opportunity, that’s when a country realizes its full potential.”

President Castro’s September 28th Speech[4]

On September 28, Cuban President Raúl Castro in his address to the U.N. General Assembly essentially reiterated his comments of two days earlier about U.S.-Cuba relations with these words: ‘After 56 years, during which the Cuban people put up a heroic and selfless resistance, diplomatic relations have been reestablished between Cuba and the United States of America.”

“Now, a long and complex process begins toward normalization that will only be achieved with the end of the economic, commercial and financial blockade; the return to our country of the territory illegally occupied by the Guantanamo Naval Base; the suspension of radio and TV broadcasts, and subversion and destabilization attempts against the Island; and, when our people are compensated for the human and economic damages they continue to endure.”

“As long as the blockade remains in force, we will continue to introduce the Draft Resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Embargo imposed by the United States of America on Cuba.’ To the 188 governments and peoples who have backed our just demand, here, and in other international and regional forums, I reaffirm the eternal gratitude of the Cuban people and government for your continued support.” [5]

The rest of this Castro speech argued that the U.N. has failed in its 70 years of existence to fulfill the lofty purposes of its Charter. The speech also noted Cuba’s solidarity with its Caribbean brothers, African countries, the Bolivarian Republic of Venezuela, the Republic of Ecuador, the people of Puerto Rico, the Republic of Argentina, the Brazilian people and President Dilma Rouseff, the Syrian people and the Palestinian people. Castro also supported the nuclear agreement with the Islamic Republic of Iran.

On the other hand, Castro reaffirmed Cuba’s “rejection of the intention to expand the presence of NATO up to the Russian borders, as well as of the unilateral and unfair sanctions imposed on that nation” and Cuba’s condemnation of NATO and European countries’ efforts to destabilize countries of the Middle East and Africa that have led to the recent migrant crisis in Europe.

In conclusion, Castro said, “the international community can always count on Cuba to lift its sincere voice against injustice, inequality, underdevelopment, discrimination and manipulation; and for the establishment of a more equitable and fair international order, truly focused on human beings, their dignity and well-being.”

The Presidents’ Meeting[6]

Obama &Castro

The two presidents with their advisors held a 30-minute private meeting at the U.N. on Tuesday, September 29. The photograph at the left shows them shaking hands.

The U.S. delegation consisted of Secretary of State, John Kerry; National Security Adviser, Susan Rice; National Security Council Senior Director for Western Hemisphere Affairs, Mark Feierstein; and the U.S. Permanent Representative to the U.N., Samantha Power.

Cuba’s delegation was composed of the Foreign Minister, Bruno Rodriguez; Consultant, Alejandro Castro Espin (the son of President Raúl Castro); Vice President of Cuba’s Defense and Security Committee, Juan Francisco Arias Fernández; Cuba’s Director General of U.S. Affairs, Ministry of Foreign Affairs, Josefina Vidal; and Cuba’s Ambassador to the U.S., José Ramón Cabañas.

White House’s Comments on the Meeting[7]

On a September 29 flight from New York City to Washington, D.C., White House Press Secretary Josh Earnest, in response to a journalist’s question, said, “I know that the two leaders had an opportunity to discuss some of the regulatory changes that have been announced in the last couple of weeks on the part of the [U.S.]. The State Department is leading civil aviation coordination talks in Cuba right now.  And these are all additional steps that are moving toward more normal relations between our two countries.”

“The President, as he always does, . . . reaffirmed our commitment to seeing the Cuban government do a better job of not just respecting, but actually proactively protecting, the basic human rights of the Cuban people.”

We “continue to believe that deeper engagement and deeper people-to-people ties, deeper economic engagement between the [U.S.] and Cuba will have the effect of moving the government and the nation in a positive direction.”

Thereafter the White House released the following written statement about the meeting: “President Obama met today with President Raul Castro of Cuba to discuss recent advances in relations between the United States and Cuba, as well as additional steps each government can take to deepen bilateral cooperation. The two Presidents discussed the recent successful visit of Pope Francis to both countries.  President Obama highlighted U.S. regulatory changes that will allow more Americans to travel to and do business with Cuba, while helping to improve the lives of the Cuban people.  The President welcomed the progress made in establishing diplomatic relations, and underscored that continued reforms in Cuba would increase the impact of U.S. regulatory changes.  The President also highlighted steps the United States intends to take to improve ties between the American and Cuban peoples, and reiterated our support for human rights in Cuba.”

Cuban Foreign Minister’s Press Conference[8]

Soon after the presidential meeting, Cuban Foreign Minister Bruno Rodriguez held a press conference at the U.N. In his opening statement, he said that in a “respectful and constructive” atmosphere, the two presidents exchanged their views on the recent visit of Pope Francisco to Cuba and the United States, as well as issues on the bilateral agenda established between the two countries.

“The presidents agreed on the need to continue working on the set bilateral agenda, which includes areas of mutually beneficial bilateral cooperation and in third countries such as Haiti, the development of dialogue on issues of bilateral and multilateral interest and resolving outstanding issues between two states.”

President Castro affirmed Cuba’s desire to build a new relationship with the U.S. based on respect and sovereign equality, but reiterated that to have normal relations the U.S. had to lift the blockade, which is causing damage and hardship to the Cuban people and affects the interests of American citizens.

Castro also confirmed that Cuba on October 27 would introduce in the General Assembly a resolution condemning the embargo (blockade). Said the foreign Minister, the blockade is “a massive, flagrant and systematic violation of human rights of all Cubans and harms all Cuban families, even Cubans living outside Cuba.” Cuba fully expects this year’s resolution to once again have overwhelming support.

The Foreign Minister said the return of the territory illegally occupied by the Guantanamo Naval Base in Cuba is a high priority element in the process of normalization of relations between the U.S. and Cuba, as a vindication of Cuban people.

At another point he added that “we are very proud of the accomplishments of Cuba on human rights and that human rights are universal, not subject to political selectivity or manipulation of any kind. ” Cuba guarantees the full exercise of political rights and civil liberties, and economic, social and cultural rights. We have many concerns with the situation on human rights in the world, particularly in the U.S. and Western Europe, as illustrated by the current immigration refugee crisis. The pattern of racial discrimination and police brutality against African Americans in the [U.S.] is really serious.

Conclusion

Cuba reiterated its insistence on ending the U.S. embargo as an essential condition for normalization of relations, an objective shared by President Obama and this blog. [9] We now await the U.N. General Assembly’s debate and anticipated approval on October 27 of another resolution condemning the embargo and whether the U.S. will, for the first time, abstain on the vote.

Cuba continues to assert that the U.S. lease of Guantanamo Bay is illegal, but its saying so does not make it so. Previous blog posts have discussed this contention and do not find it persuasive and, therefore, suggested the two countries submit the dispute for resolution to the Permanent Court of Arbitration at The Hague in the Netherlands.[10]

The same means has been suggested in this blog for resolving the disputes about whether or not Cuba has been damaged by the embargo (blockade) and the amount of such alleged damages as well as the amount of damages to U.S. interests by Cuba’s expropriation of property in the early years of the Cuban Revolution.

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[1] Cuba Ministry Foreign Affairs, Raul Castro: Unacceptable levels of poverty and social inequality persist and even aggravate across the world (Sept. 26, 2015); Reuters, Cuba’s Castro Slams U.S. Trade Embargo at United Nations, N.Y. Times (Sept. 26, 2015); Reuters, U.S. Embargo ‘Main Obstacle’ to Cuba’s Development: Castro, N.Y. Times (Sept. 26, 2015) (video)

[2] White House, Remarks by President on Sustainable Development Goals (Sept. 27, 2015).

[3] Reuters, Quotes from President Obama’s U.N. Speech, N.Y. Times (Sept. 28, 2015); President Obama’s Speech to the United Nations General Assembly 2015, N.Y. Times (Sept. 28, 2015); White House, Remarks by President Obama to the United Nations General Assembly (Sept. 28, 2015).

[4] Raúl at the United Nations: The International community can always count on Cuba’s voice in the face of injustice, Granma (Sept. 28, 2015); Full text [of Castro’s speech], Granma (Sept. 28, 2015); Reuters, At U.N., Castro Says U.S. Must End Embargo to Have Normal Cuba Ties, N.Y. Times (Sept. 28, 2015); Assoc. Press, Raúl Castro Addresses General Assembly, N.Y. Times (Sept. 28, 2015) (video); Goldman, At the U.N., Raúl Castro of Cuba Calls for End to U.S. Embargo, N.Y. Times (Sept. 28, 2015).

[5] A prior post reviewed last year’s General Assembly’s condemnation of the embargo.

[6] Assoc. Press, U.S., Cuba Leaders Meet for 2nd Time in This Year, N.Y. Times (Sept. 29, 2015); Reuters, Obama, Castro Meet as They Work on Thawing U.S.-Cuba Ties, N.Y. Times (Sept. 29, 2015); Cuba and U.S. Presidents meet, Granma (Sept. 30, 2015)

[7] White House, Press Gaggle by Press Secretary Josh Earnest en route Washington, D.C., 9/29/15; White House, Readout of the President’s Meeting with Cuban President Raul Castro (Sept. 29, 2015).

[8] Reuters, Cuban Minister on Obama-Castro Meeting, N.Y. Times (Sept. 29, 2015) (video); Bruno Rodriguez: The blockade is a massive, flagrant and systematic violation of human rights, Granma (Sept. 30, 2015).

[9] This blog has discussed the initial bills to end the embargo in the House and Senate as well as later bills to do the same in the Senate and House.

[10] Resolution of U.S. and Cuba’s Damage Claims (April 4, 2015); Resolution of Issues Regarding U.S.-Lease of Guantanamo Bay (April 6, 2015); Does Cuba Have a Right to Terminate the U.S. Lease of Guantanamo Bay? (April 26, 2015).

Results of U.S.-Cuba Discussions After Ceremonial Opening of U.S. Embassy in Havana

John Kerry & Bruno Rodriguez
John Kerry & Bruno Rodriguez

After the ceremonial opening of the U.S. Embassy in Havana on August 14, 2015, Cuba and the U.S. held closed-door discussions. Here is what was disclosed about those discussions at a joint press conference at the city’s Hotel Nacional by Secretary of State John Kerry and Cuban Foreign Minister Bruno Rodriquez and from other sources.[1]

Guarded Optimism. Repeating his earlier remarks at the Embassy, Kerry said this was an historic moment as the two countries continued to engage in a cooperative way to address the many issues that had accumulated over the last 50 years. Rodriguez said essentially the same thing.

Empowerment of People. According to Kerry, normalization “will contribute to greater empowerment of . . . the Cuban people to be able to plug into the global economy, to be able to trade more, to be able to move and travel and enjoy the fruits of their labor, to be able to raise the standards of living, and therefore improve their lives.” It will “also help [U.S.] citizens . . . , including students, the private sector to be able to learn more about this country, to be able to establish friendships and connections that will last, hopefully, for a lifetime.”

Improved U.S. Relations with Western Hemisphere. Kerry said normalization “will also remove a source of irritation and division within the hemisphere.” At April’s Summit of the Americas, many countries said “how happy they are that finally the [U.S.] and Cuba are going to move to renew their relationship, because all of them were supportive of and encouraging us to take that kind of step.”

U.S. Embargo (Blockade) Issues. Rodriguez re-emphasized Cuba’s demands for the U.S. to end its embargo (blockade) of the island and for the U.S. to pay compensation for the alleged damages to the Cuban economy caused by that measure. Kerry agreed on the need to end the embargo and emphasized President Obama’s request for Congress to do just that.

According to Reuters and the Associated Press, this issue came up again at a meeting that evening with Cuban dissidents at the official Havana residence of the charge d’affaires. Kerry then said, “the U.S. Congress was unlikely to ever lift a punishing economic embargo on Cuba unless the Communist government improved its human rights [or civil liberties] record.” The AP quoted Kerry as saying, “There is no way Congress will lift the embargo if we are not making progress on issues of conscience.”

After there had been a report of those comments, Josefina Vidal, Cuba’s lead negotiator in negotiations with the U.S., told Reuters, “Decisions on internal matters are not negotiable and will never be put on the negotiating agenda in conversations with the United States. Cuba will never do absolutely anything, not move one millimeter, to try to [obtain the end of the embargo (blockade).]”

U.S. Claims for Expropriated Property. Rodriguez said, “Cuban laws have foreseen the [need for] compensation to owners whose properties were nationalized in the 1960s. And all the owners were compensated in due time with exception of American citizens due to the circumstances . . . in the bilateral relations. I reiterate that the Cuban laws include the possibility to pay compensations.”

This point was reiterated later that day by Cuban diplomat, Josefina Vidal, who said that Cuba is willing to discuss the 5,913 claims from Americans whose properties were nationalized after the 1959 revolution that brought Fidel Castro to power. A Cuban law, however, links negotiations on property claims to Cuba’s own claims for damages caused by the embargo and other U.S. aggressions.

Guantanamo Bay Issues. Rodriguez reiterated Cuba’s request or demand for the U.S. to return Guantanamo Bay to Cuba. Kerry, however, said, “Now, at the moment, there is no current discussion or plan to change the arrangement with respect to Guantanamo, but I can’t tell you what will happen over the years in the future.”

Josefina Vidal stated that she receives the annual U.S. $4,085 rental checks for Guantanamo Bay, which Cuba refuses.to cash because it sees the U.S. occupation of Guantanamo as illegal. Instead each of the checks is stored in Cuban archives “like a historical document.”

Migration issues. According to Kerry, the U.S. supports “safe, legal, orderly migration from Cuba to the [U.S.]” and “full implementation of the existing migration accords with Cuba.” But the U.S. currently has “no plans whatsoever to alter the current migration policy, including the Cuban Adjustment Act, and we have no plans to change the ‘wet foot, dry foot’ policy.”

Rodríguez responded: “migration waves of people escaping from poverty and military conflicts are well known. Fortunately this does not happen in the Latin America and the Caribbean region.” But we have “serious concerns about the migration processes from [Central American] countries affecting hundreds [of thousands] of small children [fleeing to the U.S.]”

Rodriguez continued, “Migration relations between the U.S. and Cuba . . . should not be politicized. They should be totally normal.” We agree to encourage the “safe and orderly migration between both countries. We also agree on the risks, the dangers, and the need to establish an international and bilateral cooperation against trafficking in persons [and related transnational organized crime].” Cuba also believes “the migration accords in force between the U.S. and Cuba should be strictly respected and that any policy or any practical action which is not in accordance with the spirit and language of the accords should be abolished.” [2] We believe that the freedom of travel is also a fundamental human right.”

U.S. Human Rights Problems. Rodriguez opened his comments at the press conference with complaints of U.S. human rights transgressions — from police shootings of black men to mistreatment of prisoners at Guantanamo Bay, the U.S. naval base on Cuba that the government says must be returned. “Cuba isn’t a place where there’s racial discrimination, police brutality or deaths resulting from those problems,” Rodriguez said. “The territory where torture occurs and people are held in legal limbo isn’t under Cuban jurisdiction.”

U.S. Presidential Election of 2016. Kerry said he could not imagine “another president, Republican or Democrat, just throwing [the re-establishment of diplomatic relations and steps towards normalization] out the window.” In addition, Kerry thought “that people understand that over 54 years, we had a policy that was isolating us, not changing the world.”

Steering Committee. The two countries have established a steering committee or commission to address the many outstanding issues. This body will meet in Havana for the first time in the first or second week of September.

This body will follow three tracks. The first will encompass areas in which rapid progress is expected, such as cooperation on naval matters, climate change and the environment. The second will tackle more complex topics like the establishment of direct airline flights and U.S. telecommunications deals with Cuba. The last will take on the toughest problems, including the embargo, human rights and each country’s desire to have fugitives returned by the other.

Conclusion

The steering committee’s first tier of issues (the easiest ones) apparently will include agreements for civil aviation landing rights for each country’s airlines, direct mail, environmental protection and battling drug trafficking. (Indeed on August 17 the Wall Street Journal reported that the Obama Administration was pushing for the airliner deal by the end of this year.[3])

The third tier of issues (the most difficult) apparently will include ending the U.S. embargo (blockade), which is an issue for the U.S. Congress, not for negotiations with Cuba; U.S. compensation to Cuba for alleged damages to its economy from the embargo (blockade); Cuba’s compensation to U.S. interests for expropriation of their property in Cuba; the future status of Guantanamo Bay; and extradition of fugitives from one country to the other.[4]

I agree that the most difficult set of issues to be resolved by bilateral negotiations are those just mentioned. Indeed, as an outsider, I think they will be impossible to resolve by such negotiations.

On the other hand, I think that the way to resolve these issues is direct and simple in concept: submit these disputes to an impartial third party. There are various ways this could be done. I have suggested that the Permanent Court of Arbitration at The Hague in the Netherlands be chosen by the two countries to resolve these disputes: it has been in existence since the late 19th century and has an existing set of rules for such proceedings, which will be lengthy and complicated.

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[1] State Dep’t, Press Availability With Cuban Foreign Minister Bruno Eduardo Rodriguez Parrilla (Aug. 14, 2015); Reuters, Kerry Says Next U.S. President Likely to Uphold New Cuba Policy, N.Y. Times (Aug. 14, 2015); Reuters, Cuba Says Won’t Move ‘One Millimeter’ to Placate Enemies in U.S., N.Y. Times (Aug. 14, 2015); Assoc. Press, A Festive Flag-Raising, Then Tough Talk on US-Cuba Relations, N.Y. Times (Aug. 15, 2015);Reuters, Cuba’s Top Diplomat for U.S. Sees Long Road for Normal Ties, N.Y. Times (Aug. 16, 2015); Cuban Foreign Minister receives John Kerry (+Photos), Granma (Aug. 14, 2015); John Kerry: We are determined to move forward, Granma (Aug. 14, 2015); Cuba and U.S. discuss next steps in developing relations, Granma (Aug. 14, 2015); Cuba and the United States: Some questions about the future, Granma (Aug. 14, 2015); In joint press conference Bruno Rodriguez Parrilla and John Kerry, Granma (Aug. 15, 2015).

[2] One of the criticized U.S. immigration policies is the dry foot/wet foot program whereby a Cuban who lands on U.S. land is eligible for special U.S. immigration status while one apprehended at sea is not.. Another is the U.S.’ Cuban medical personnel parole program.

[3] Schwartz, Nicas & Lee, Obama Administration Pushes for Deal to Start Flights to Cuba by Year’s End, W.S.J. (Aug. 17, 2015); Reuters, White House, Cuba Work to Resume Scheduled Commercial Flights, WSJ, N.Y. times (Aug. 17, 2015).

[4] Previous posts have discussed Cuba’s claim for damages from the embargo (blockade); the U.S. claims for compensation for expropriated property; the Cuban lease of Guantanamo Bay to the U.S. and whether Cuba has a legal right to terminate the lease; extradition of fugitives.

 

 

 

 

 

 

 

 

 

 

Cuba Commemorates Its 1960 Nationalizing Certain U.S. Properties

On August 10, 2015, Cuba’s official newspaper, Granma, reiterated the August 6, 1960, announcement of Cuba’s Nationalization Law, dated, July 6, 1960, which authorized the President of the Republic and the Prime Minister “to order jointly, through resolutions, when they consider appropriate for the defense of national interest, the nationalization via obligatory expropriation of property and companies owned by individuals or incorporated entities of the United States of America, and companies with interests or participation of such persons, regardless of their constitution in accordance with Cuban laws.” [1]  Pursuant to that Law, on August 6, 1960, the following companies were nationalized by expropriation:

  1. Compañía Cubana de Electricidad.
  2. Compañía Cubana de Teléfonos.
  3. Esso Standard Oil, S.A. División de Cu­ba.
  4. Texas Company West Indian.
  5. Sinclair Cuba Oil Company, S.A.
  6. Central Cunagua, S.A.
  7. Compañía Azucarera Atlántica del Gol­fo, S.A.
  8. Compañía Central Altagracia, S.A.
  9. Miranda Sugar States.
  10. Compañía Cubana, S.A.
  11. The Cuban American Sugar MilI.
  12. Cuban Trading Company.
  13. The New Tuinicú Sugar Com­pa­ny.
  14. The Francisco Sugar Company.
  15. Compañía Azucarera Céspedes.
  16. Manatí Sugar Company.
  17. Punta Alegre Sugar Sales Com­pa­ny.
  18. Baraguá Industrial Corporation of New York.
  19. Florida Industrial Corporation of New York.
  20. Macareño Industrial Corporation of New York.
  21. General Sugar States.
  22. Compañía Azucarera Vertientes Ca­magüey de Cuba.
  23. Guantánamo Sugar Company.
  24. United Fruit Company.
  25. Compañía Azucarera Soledad S.A.
  26. Central Ermita, S.A.

The Granma article did not mention that Cuba has not provided compensation for these expropriations or that in the mid-1960’s the Foreign Claims Settlement Commission of the United States validated 5,913 claims for such compensation totaling $1.9 billion (now estimated to amount to $7 billion). A prior post discussed that work of the Commission and proposed submitting these claims for resolution to the Permanent Court of Arbitration at The Hague in the Netherlands.

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[1] Pérez, Cuba nationalizes U.S. companies, Granma (Aug. 10, 2015).