reconciliation – Page 2 – dwkcommentaries

Update on Proposed U.S. Legislation Opposing U.S.-Cuba Reconciliation

A prior post reviewed the pending bills in this Session of Congress that support U.S.-Cuba reconciliation. Now we look at the 16 pending bills and resolutions opposing U.S.-Cuba reconciliation, all but two of which have had no substantive action taken by either chamber. Details on these measures are available on the Library of Congress’ THOMAS website.

Three of them—H.R.1782, S.1388 and H.R.2466—seek to impose preconditions for seeking normalization of diplomatic relations with Cuba and thereby attack a major premise of the Administration’s current efforts regarding Cuba: for over 50 years the U.S. has failed to obtain Cuban reforms through imposing preconditions and sanctions.

The other 13 pending measures are less threatening to the Administration’s ongoing efforts to normalize relations with Cuba.

Improved Cuban Human Rights as Precondition for Reconciliation

The major premise of the Administration’s new approach to Cuba is attacked by H.R.1782 “Cuba Human Rights Act of 2015” authored by Rep. Christopher Smith (Rep., NJ) with 12 cosponsors. Until Cuba ceases violating the human rights of its citizens, the bill, among other things, would prohibit any changes in the U.S. relationship with Cuba and require the U.S. to oppose Cuban membership on the U.N. Human Rights Council. The bill was referred to the House Committee on Foreign Affairs, which in turn referred it to its subcommittees on the Western Hemisphere and on Africa, Global Health, Global Human Rights and International Organizations. No substantive action on the bill has been taken by that Committee and said subcommittees.

Less intrusive on the Administration’s approach to Cuba on human rights is S.Res.152 “A resolution recognizing threats to freedom of the press and expression around the world and reaffirming freedom of the press as a priority in efforts of the United States Government to promote democracy and good governance.” It condemns actions around the world that suppress freedom of the press and reaffirms the centrality of freedom of the press to U.S. efforts to support democracy, mitigate conflict, and promote good governance. A preamble references a Freedom House report that ranked Cuba as one of the countries having the worst obstacles to access, limits on content, and violations of user rights among countries and territories rated by Freedom House as “Not Free.” More recently the Committee to Protect Journalists leveled another criticism of press freedom in Cuba. The resolution was offered by Senator Robert Casey, Jr. (Dem., PA) and was referred to the Senate Committee on Foreign Relations, which has not yet taken any action on the matter.

Plan for Resolving U.S. Claims for Expropriated Property as Precondition for Reconciliation

Two pending bills relate to Cuba’s expropriation of property of U.S. nationals without compensation in violation of international law. Resolution of U.S. claims for money damages for such acts clearly is an important subject for direct discussions with the Cuban government in the first instance. As discussed in a prior post, those claims are currently estimated to total at least $7.0 billion.

Although I am not privy to how the U.S. Government intends to proceed on such claims, that prior post anticipated an inability to resolve these claims through direct negotiations and, therefore, suggested that the U.S. submit such claims to the Permanent Court of Arbitration along with all other U.S. claims for money damages against the Cuban government and that Cuba similarly submit all of its claims for money damages against the U.S. government. Moreover, that prior post pointed out that any consideration of U.S. claims for money damages against the Cuban government has to recognize that Cuba does not have the financial resources to pay a large sum of money.

S.1388: “A bill to require the President to submit a plan for resolving all outstanding claims relating to property confiscated by the Government of Cuba before taking action to ease restrictions on travel to or trade with Cuba, and for other purposes.” This bill legitimately recognizes that such claims are important for the U.S. and need to be resolved, but in this blogger’s opinion, this bill unwisely makes a plan for resolution a precondition for proceeding with reconciliation. On the other hand, the bill does not require actual resolution of the claims as a precondition so maybe the bill is not as threatening to reconciliation as might first appear. The bill is authored by Senators Marco Rubio (Rep., FL) and David Vitter (Rep., LA) with 11 cosponsors. It was introduced on May 19^th and referred to the Senate Committee on Banking, Housing and Urban Affairs, which has not taken any action on the bill. Senator Rubio, however, referred to this bill at a Senate Foreign Relations Committee hearing about Cuba on May 20th.

The companion bill in the House with the same title is H.R.2466 introduced on May 20th by Rep. Thomas Rooney (Rep., FL) with no cosponsors. It was referred to the House Committee on Foreign Affairs, which has not yet taken any action on the bill.

Limits on Certain Trademarks Expropriated by Cuba

Cuba’s expropriation of property owned by U.S. nationals without compensation, in some instances, included trademarks. Therefore, such trademarks need to be included in the previously mentioned U.S. claims against Cuba.

This subject is addressed by S.757 “No Stolen Trademarks Honored in America Act, ” which would prohibit U.S. courts from recognizing, enforcing, or otherwise validating, under certain circumstances, any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government. The bill is authored by Senator Bill Nelson (Dem., FL) with 2 cosponsors and was referred to the Senate Committee on the Judiciary, which has not taken any action on the bill.

The companion bill with the same title in the House (H.R.1627) was authored by Rep. Darrell Issa (Rep., CA) with 10 cosponsors. It was referred to the House Committee on the Judiciary, which in turn referred the bill to its Subcommittee on Courts, Intellectual Property, and the Internet. Neither that Committee nor the Subcommittee has taken any action on the bill.

These bills on trademarks are less troublesome, in this blogger’s opinion, and could provide an interim measure of relief until resolution of the U.S. claims for expropriated property.

Seeking Extradition of U.S. Fugitives from Cuba

Two pending congressional measures relate to fugitives from U.S. justice in Cuba. The U.S.’ seeking Cuba’s extradition of them has been recognized by the Obama Administration as an important subject for negotiations with Cuba. Indeed, some such discussions already have occurred, and further discussions are to take place. However, as discussed in a prior post, existing extradition treaties between the U.S. and Cuba provide each country the right to not grant extradition if it determines that the offense in the other country is of a “political character,” and Cuba has invoked that provision to deny previous U.S. requests for extradition of some of the most notorious U.S. fugitives.

H.R.2189 “ Walter Patterson and Werner Foerster Justice and Extradition Act” was authored by Rep. Christopher Smith (Rep., NJ) with 3 cosponsors. It would require the president to submit an annual report to Congress regarding U.S. efforts to obtain extradition of fugitives from U.S. justice. One of the proposed findings of the bill states, “The refusal of Cuba to extradite or otherwise render Joanne Chesimard, an escaped convict who fled to Cuba after killing Werner Foerster, New Jersey State Trooper, is a deplorable example of a failure to extradite or otherwise render, and has caused ongoing suffering and stress to Mr. Foerster’s surviving family and friends.” The bill was referred to the House Committee on Foreign Affairs, which has not taken any action on the bill.

H.Res.181 “Calling for the immediate extradition or rendering to the United States of convicted felon William Morales and all other fugitives from justice who are receiving safe harbor in Cuba in order to escape prosecution or confinement for criminal offenses committed in the United States.” It was authored by Rep. Peter King (Rep., NY) with 15 cosponsors and was referred to the House Committee on Foreign Affairs, which in turn referred the bill to the Subcommittee on the Western Hemisphere. Neither body has taken any action on the proposed resolution.

The above bill (H.R. 2189) does not interfere with the Administration’s efforts to pursue reconciliation with Cuba as the bill implicitly recognizes that the U.S. may seek, but not compel, extradition. A prior post reported that the U.S. has made several requests over the years for the extradition of Joanne Chesimard (a/k/a Assata Shakur) and that Cuba had rejected such requests on the ground that her offenses in the U.S. were of a “political character.” Anticipating that Cuba would continue to reject such requests, the prior post recommended submitting disputes over extradition to the Permanent Court of Arbitration. The proposed resolution is merely a call by Congress for such extradition.

Various Measures Regarding U.S. Naval Station, Guantanamo Bay, Cuba

As discussed in a prior post, the U.S. has leased Guantanamo Bay from Cuba since 1903, and since September 11, 2001, one of the U.S. uses of that territory has been to house, interrogate and make adjudications of detainees from other countries. Since President Obama took office in 2009, he has sought to end the use of Guantanamo Bay for such detentions. Moreover, Cuba has made it known that it wants to have the U.S. leave Guantanamo Bay and return the territory to Cuba. Another prior post examined whether Cuba had a legal right to terminate the lease and recommended submission of any unresolved conflicts over this territory to the Permanent Court of Arbitration.

There has been considerable congressional opposition to ending the detention facilities at Guantanamo Bay and to ending the lease and returning the territory to Cuba. This is seen in the following six pending measures in this Session of Congress.

Ban on U.S. Abandoning Lease of Guantanamo Bay, Cuba. This is the intent of H.R.654 “Naval Station Guantanamo Bay Protection Act” authored by Rep. David Jolly (Rep., FL) with 56 cosponsors. It would bar the U.S. from modifying, terminating, abandoning, or transferring said lease. It was referred to the House Committee on Foreign Affairs, which has not taken any action on the bill. This bill would limit the Administration’s discretion in negotiations over Guantanamo with Cuba, including obtaining a new lease with significantly higher rental fees.
Ban on Transferring Guantanamo Bay Detainees to Other U.S. Facilities. Senator Kelly Ayotte (Rep., NH) with 27 cosponsors submitted S.165: “Detaining Terrorists to Protect America Act of 2015.” It was referred to the Senate Committee on Armed Services, which on February 12^th approved the bill with an amendment in the nature of a substitute that would prohibit (i) the construction or modification of any U.S. facility to house certain individuals detained in Guantanamo Bay, Cuba, as of October 1, 2009; (ii) the transfer or release of certain detainees at Guantanamo Bay to other U.S. facilities and foreign countries; and (iii) judicial review of certain claims by said detainees. On 23^rd February it was placed on the Senate’s Legislative Calendar.
The companion bill with the same title in the House (H.R.401) was authored by Rep. Jackie Walorski (Rep., IN) with 38 cosponsors. It was referred to the House Committee on Armed Services, which has not taken any action on the bill.

Neither of these bills about transfer of detainees would have direct adverse effects on U.S. reconciliation efforts although it could complicate any negotiations over Guantanamo with Cuba.

Ban on Aid to Certain Countries That Accept Transfer of Guantanamo Bay Detainees. S.778: “Guantanamo Bay Recidivism Prevention Act of 2015” would prohibit certain assistance for five years to a foreign country if: (1) the country received an individual who was released or transferred from Guantanamo Bay on or after February 1, 2015; and (2) after the date of such release or transfer, the individual is included in a report of individuals confirmed or suspected of returning to terrorist activities. The bill is authored by Senator Tom Cotton (Rep., AR) with 4 cosponsors and was referred to the Senate Committee on Foreign Relations, which has not taken any action on the bill.

The companion bill in the House (H.R.1689) “To prohibit the provision of certain foreign assistance to countries receiving certain detainees transferred from United States Naval Station, Guantanamo Bay, Cuba” was authored by Rep. Ron DeSantis (Rep., FL) with 6 cosponsors. It was referred to the House Committee on foreign Affairs, which has not taken any action on the bill. Neither of these bills about foreign assistance would adversely affect U.S. negotiations with Cuba.

Fund for Constructing and Improving Guantanamo Bay Detention Facilities. S.Con.Res.11 establishes the congressional budget for the federal government for FY 2016. S.Amdt.664 to this Concurrent Resolution was offered by Senator Tom Cotton (Rep., AR) to establish a reserve fund for constructing or improving detention facilities at Guantanamo Bay. On March 27^th this amendment was ruled out of order.

Continuation of Radio Marti and Television Marti.

H.R.2323 “United States International Communications Reform Act of 2015” would reform the U.S. government agencies responsible for international communications, but in section 124(b) would not affect Radio Marti and Television Marti. The bill was offered by Rep. Edward Royce (Rep., CA) with 14 cosponsors. It was referred to the House Committee on Foreign Affairs, which on May 21^st reported it with amendments to the full House.

This bill could be a minor irritant on advancing reconciliation as Cuba consistently has objected to these services.

Imposing Sanctions on North Korea.

This is the subject of H.R.204 “North Korea Sanctions and Diplomatic Nonrecognition Act of 2015,” which was authored by Rep. Ileana Ros-Lehtinen (Rep., FL) with 17 cosponsors and was referred to the House committees on Ways and Means and on Foreign Affairs, the latter of which referred the bill to its Subcommittee on Asia and the Pacific. No action on the bill has been taken by either committee or by the subcommittee.

This bill is mentioned here for two reasons. First, Rep. Ros-Lehtinen, a Cuban-American, is a vigorous opponent of U.S.-Cuba reconciliation and conceivably would find ways to use the bill to oppose U.S.-Cuba reconciliation. Second, the bill’s proposed findings refer to the U.S. Treasury Department and the U.N. Security Council’s imposition of sanctions on North Korean shipping companies for attempting to import a concealed shipment of arms and related material from Cuba and to the U.S. telling the Security Council that Cuba had participated in a “cynical, outrageous and illegal attempt” to circumvent U.N. sanctions and had made “false claims” about the shipment.

Conclusion

U.S. citizens who support U.S.-Cuba reconciliation should contact their Senators and representatives in Congress to urge them to oppose the above measures, especially those–H.R.1782, S.1388 and H.R.2466— that would impose preconditions for such reconciliation.

A subsequent post will examine pending authorization and appropriation measures that relate to Cuba.

Update on Proposed U.S. Legislation Supporting U.S.-Cuba Reconciliation

There are 13 pending measures in this Session of Congress that are supportive of U.S.-Cuba reconciliation, but as of May 25^th no substantive action has been taken on any of these measures. Details on these measures can be found on the Library of Congress THOMAS service.

Ending the Embargo.

There is one Senate bill to end the U.S. embargo of Cuba: S.491 “Freedom to Export to Cuba Act of 2015” authored by Senator Amy Klobuchar (Dem., MN) with 10 cosponsors, it was assigned to the Senate Committee on Banking, Housing and Urban Affairs. A prior post discussed this bill and erroneously stated that it also was referred to the Senate Committee on Foreign Relations.

The House has three similar bills: H.R.274 “United States-Cuba Normalization Act of 2015” authored by Rep. Bobby Rush (Dem., IL) with no cosponsors; H.R.403 “Free Trade with Cuba Act” authored by Rep. Charles Rangel (Dem., NY) with 28 cosponsors; and H.R.735 “Cuba Reconciliation Act” authored by Rep. Jose Serrano (Dem., NY) with 12 cosponsors. All of them were referred to the following seven House committees: Foreign Affairs; Ways and Means; Energy and Commerce; Judiciary; Financial Services; Oversight and Government Reform; and Agriculture. A prior post discussed the first two of these bills.

Expanding Certain U.S. Trade with Cuba.

Perhaps in recognition of the current political difficulty of passing legislation for a complete end to the U.S. embargo of Cuba, there are pending bills to expand certain U.S. trade with Cuba: exports of U.S. agricultural, medical products, consumer communication devices and telecommunications services and imports of the services of Cuban baseball players.

S.1049 “Agricultural Export Expansion Act of 2015” is authored by Senator Heidi Heitkamp (Dem., ND) with 9 cosponsors. It was referred to the Senate Committee on Banking, Housing and Urban Affairs. Unrelated to this bill was an April 21st hearing on expanding U.S. agricultural trade with Cuba before the Senate Committee on Agriculture, Nutrition and Forestry.

The House has a similar and broader bill: H.R.635 “Promoting American Agricultural and Medical Exports to Cuba Act of 2015” authored by Rep. Charles Rangel (Dem., NY) with 27 cosponsors. It was referred to the following five House committees: Foreign Affairs; Ways and Means; Judiciary; Agriculture; and Financial Services; and the Judiciary Committee in turn referred it to its Subcommittee on Immigration and Border Security.

S.1389 “A bill to authorize exportation of consumer communication devices to Cuba and the provision of telecommunications services to Cuba, and for other purposes” authored by Senator Jeff Flake (Rep., AZ) with 5 cosponsors. It was referred to the Senate Foreign Relations Committee.

H.R.736 “Baseball Diplomacy Act” authored by Rep. Jose Serrano (Dem., NY) with 14 cosponsors. It would facilitate the hiring of Cuban professional baseball players by U.S. teams. It was assigned to the House committees on Foreign Affairs and on the Judiciary, and the latter in turn referred it to the Subcommittee on Immigration and Border Security.

Expanding U.S. Travel to Cuba.

The Senate has S.299 “Freedom to Travel to Cuba Act of 2015” authored by Senator Jeff Flake (Rep., AZ) with 36 cosponsors. It was referred to the Senate Foreign Relations Committee.

The House has two similar bills: H.R.634 “Export Freedom to Cuba Act of 2015” authored by Rep. Charles Rangel (Dem., NY) with 27 cosponsors; and H.R.664 “Freedom to Travel to Cuba Act of 2015” authored by Rep. Mark Sanford (Rep., SC) with 29 cosponsors. Both of them were referred to the House Committee on Foreign Affairs, which in turn referred them to its Subcommittee on the Western Hemisphere.

Abolition of Radio MARTI and Television MARTI.

The House has a bill on this topic: H.R.570 “Stop Wasting Taxpayer Money on Cuba Broadcasting Act” authored by Rep. Betty McCollum (Dem., MN) with 4 cosponsors. It was referred to the House Committee on Foreign Affairs.

Commending Pope Francis for Assisting U.S.-Cuba Reconciliation

Senator Richard Durbin (Dem., IL) with 11 cosponsors introduced S.Res.26 “A resolution commending Pope Francis for his leadership in helping to secure the release of Alan Gross and for working with the Governments of the United States and Cuba to achieve a more positive relationship.” It was referred to the Senate Committee on Foreign Relations.

Conclusion

U.S. Citizens who support President Obama’s courageous decision to seek reconciliation with Cuba should contact their Senators and Representatives in Congress to urge them to support the above measures, especially those to end the embargo and expand travel.

A subsequent post will examine pending measures in this Session of Congress that oppose or interfere with such reconciliation.

U.S. Senate Foreign Relations Committee Holds Hearing About Cuba

On May 20^th the U.S. Senate Foreign Relations Committee held a hearing, “U.S.-Cuban Relations—The Way Forward.”[1]

Chairman Corker’s Opening Statement

The Committee Chair, Bob Corker (Rep., TN) opened by stating that the hearing would focus “on the strategy behind the President’s significant shift in U.S. policy towards Cuba.” Even though this shift “has been welcomed in Latin America and the Caribbean . . . significant differences of opinion exist in the [U.S.] over the extent to which this change in policy will advance U.S. interests and improve circumstances for the Cuban people.”

Therefore, according to Corker, the strategic issue was “how our nation can best engage strategically with the region and beyond to help Cuba rejoin the mainstream of the Americas and offer its citizens the same rights and freedoms enjoyed by citizens of other countries in the region.”

Ranking Member Cardin’s Opening Statement

The Ranking Member of the Committee, Senator Ben Cardin (Dem., MD), stated, “The President’s action [on December 17^th] brought with it a new opportunity to forge a bilateral relationship that will strengthen our efforts to advance and defend U.S. national interests, and will allow our government and our citizens to expand support for the Cuban people. Today’s hearing provides an important opportunity to review the advances achieved under the Administration’s new Cuba policy and to understand the strategy for moving forward. Without a doubt, this is a complicated process and it will take time to achieve the progress we want to see.”

“[W]e all stand together in our aspirations to see the Cuban people have the opportunity to build a society where human rights and fundamental freedoms are respected, where democratic values and political pluralism are tolerated, and where individuals can work unobstructed to improve their living conditions. We also share concerns about critical issues, such as the Cuban government’s ongoing abuse of human rights and the presence of American fugitives in Cuba, especially those wanted for the murder of U.S. law enforcement officers.”

“But, the central question is: how can we best advance these aspirations while also addressing these concerns? It goes without saying that our previous policy did not achieve the progress that we wanted to see, and so a new approach is needed.”

“President Obama has laid out a new path based on the belief that principled engagement will bring more results. I think that this is the right path for the following reasons:

“First, for far too long, the Cuban government has used U.S. policy as an excuse to justify its shortcomings and the hardships the Cuban people face. The Cuban government also has exploited U.S. policy for diplomatic gains, focusing international debate about what the U.S. should do, rather than about what Cuba needs to do to better provide for its citizens.”

“Second, despite differences we may have with a government, our foreign policy should always endeavor to support that country’s people to the greatest degree possible. Our disagreements with the Cuban government are well known and many. But, over time, we have allowed those disagreements to get in the way of developing a strategy that utilizes all of our resources to empower the people of Cuba.”

“I have no doubt that the dynamism of American society will make a positive contribution to empowering the Cuban people and provide them with the information they need to build the future of their country.”

“Third, the Administration’s new Cuba policy will provide the U.S., and especially our diplomats, with new tools to engage directly with the Cuban government to have principled and frank discussions about the issues we disagree about and how we might work together better on issues of common interest.”

Testimony of Assistant Secretary of State Jacobson

Roberta Jacobson, Assistant Secretary of State for Western Hemisphere Affairs, testified, “[W]e have begun to see the Administration’s new approach to Cuba providing space for other nations in the hemisphere and around the world to focus on promoting respect for human rights and fundamental freedoms in Cuba and elsewhere in the region. This was illustrated at the Summit of the Americas in Panama last April. Engagement by the President and the Secretary at the Summit re-invigorated our momentum on a variety of issues.”

“Our new approach has drawn greater attention to the potential for greater political and economic freedom for the Cuban people and the gap between Cuba and other countries in the Hemisphere. More Americans are travelling to Cuba, getting past the rhetoric, meeting Cubans, and building shared understanding between our people. We have seen practical cooperation in our official dialogues with Cuba on issues in our national interest like maritime and aviation safety, telecommunications, and environmental cooperation.

“Our future discussions on law enforcement cooperation, coupled with the ongoing migration talks, will expand the avenues available to seek the return of American fugitives from justice as well as the return of Cubans residing illegally in the United States. The same is true for future talks on human rights and settling American claims for expropriated properties. Most importantly, the President’s new approach makes clear that the United States can no longer be blamed as an obstacle to progress on things like access to information and connecting Cubans to the world.”

Nevertheless, “significant differences remain between our two governments. We continue to raise our concerns regarding democracy, human rights, and freedom of expression. And we will seek to engage with all Cubans to gain their perspectives on the best way forward for the country.”

“Our policy towards Cuba is based on a clear-eyed strategy that empowers the Cuban people to determine their own future by creating new economic opportunities and increasing their contact with the outside world. That is why we made it easier for Cuban-Americans to travel and send remittances to their families in Cuba, and opened new pathways for academic, religious, and people-to-people exchanges. These changes create powerful new connections between our two countries and help the nascent private sector in Cuba, which is already an agent of positive change on the island. The steps we have implemented build on this foundation by increasing authorized travel, authorized commerce, and the flow of information to, from, and within Cuba.”

“Our new approach emphasizes targeted forms of commerce that offer economic opportunity to independent Cuban entrepreneurs or, like expanded communications, benefit all Cubans. Comprehensive changes in our economic relationship will require Congressional action to lift the embargo. The President has urged Congress to begin that effort. In the meantime, we are using available policy tools to promote a prosperous, democratic, and stable Cuba.”

“In a short period of time, we have already started to see U.S. enterprises seizing the new opportunities. The regulatory changes we announced are intended to increase the financial and material resources available to the Cuban people and the emerging Cuban private sector. They also enable U.S. companies to offer expanded telecommunications and internet services in ways that could help Cuban civil society members advance their aspirations and collectively become more prosperous.”

“Regarding the Administration’s decision to rescind Cuba’s designation as a state sponsor of terrorism, as President Obama said, ‘throughout this process, our emphasis has been on the facts.’ . . . We will continue to have differences with the Cuban government, but our concerns over a wide range of Cuba’s policies and actions do not relate to any of the criteria relevant to that designation.”

“While progress has been made in our efforts to reestablish diplomatic relations, there is more to do to ensure a future U.S. Embassy will be able to function more like other diplomatic missions elsewhere in the world and foreign diplomatic missions in Cuba. Even today, under challenging circumstances, our diplomats do their very best to represent the interests and values of the United States, just as we do in hundreds of places around the world. Our engagement with the broadest range of Cubans will expand once we establish diplomatic relations with Cuba.”

Testimony of State Department Counselor Shannon

State Department Counselor Thomas A. Shannon, Jr. testified, “My purpose today is to address the regional context in which . . . [the U.S. Cuba] policy is unfolding, and to lay out some of the strategic dimensions of our diplomacy.”

“The decision to engage with Cuba and seek normalization of our bilateral relationship attempts to create a new terrain on which to pursue a future that meets our interests and corresponds to our values. Our commitment to democracy and human rights, and our desire and hope that the Cuban people will know the benefits of liberty and become the sovereigns of their own destiny, is no less for our action.”

“The President has been clear about the commitment in our Cuba policy to our enduring and fundamental principles of self-government and individual liberty. However, he has also been clear about our inability to effect significant change in Cuba acting alone across so many decades. Instead, he determined that our efforts would be more effective if we could position Cuba squarely within an inter-American system that recognizes democracy as a right that belongs to all the peoples of our Hemisphere, believes that democracy is essential to the political, economic, and social development of our peoples, and has the juridical instruments, treaties, and agreements to give shape, form, and weight to these commitments. It was our determination that this kind of environment would be the most propitious to support the only legitimate agent of peaceful and enduring political change in Cuba: the Cuban people.”

“The Americas, and specifically Latin America, has anticipated many of the events that are shaping our world. It is a region that has moved largely from authoritarian to democratic government, from closed to open economies, from exclusive to inclusive societies, from autarkical development to regional integration, and from isolation to globalization.”

“Latin America is the first developing region of the world to commit itself explicitly to democratic governance through the Inter-American Democratic Charter, the first to build a democratic model of development, and the first to establish regional structures to promote and protect human rights.”

“While creating a broad base of shared political values, Latin America has also constructed shared economic understandings and a commitment by many of the most successful countries in the Hemisphere to market economies and free trade. In the process, it has built sub-regional integration and political dialogue through organizations like the Common Market of the South, the Andean Community, the Union of South American Nations, and the Central American Integration System, all the while preserving larger hemispheric institutions, such as the Organization of American States and the Summit of the Americas process, that connect Latin America to the Caribbean and North America.”

“As Latin America advances into the 21st century, it is undergoing a second generation of change. Politically, it has consolidated democratic government and is strengthening democratic states and societies. This has opened up political institutions to new voices and actors, deepening the representativeness of many Latin American governments and challenging traditional elites and interests. In some countries, weak democratic institutions have not been able to contain the social energy unlocked by democratization, leading to populism and political polarization as groups struggle for control of the state. As troubling as this phenomenon can be, it does not define the democratization of the region but instead presents a challenge for the region to show how it can address such incidents through the organizations and institutional mechanisms it has created.”

“Economically, Latin America is building innovative integration mechanisms such as the Pacific Alliance, and reaching into Asia and North America to find new and important economic partners. We have FTAs with 12 countries in the Hemisphere, and the continued globalization of Latin America is driven not only by the regions abundant commodities, especially food and energy, but also by growing middle classes that have created attractive markets for manufactured goods and services.”

“The profound changes unleashed in Latin America show clearly that democracy and markets can deliver economic development and address longstanding social inequities such as poverty, inequality, and social exclusion. In effect, Latin America has used democracy and markets to launch peaceful social revolutions that are transforming many countries in important and long-lasting ways. Our ability to promote profound and dramatic change in Latin America is an example of what the United States can accomplish through diplomacy and engagement.”

“If we accomplished such a profound transformation in our Hemisphere through engagement, why not try the same approach with Cuba? And better yet, why not try it in partnership with countries and institutions that are now prepared to work with us because of the President’s new policy?”

“Cuba today finds itself part of a dynamic, vibrant region where transformative change has been the watchword for several decades. And it finds itself in a region where the momentum of that change will continue to reshape political, economic, and social landscapes. In such an environment, the Cuban people will find many models and partners from which to learn and choose. We should be one of those models and partners.”

Questioning Assistant Secretary Jacobson and Counselor Shannon

Of the 11 Committee members in attendance, six made comments and asked questions supportive of U.S.-Cuba reconciliation: Ben Cardin (Dem., MD), Barbara Boxer (Dem., CA), Tom Udall (Dem., NM), Tim Kaine (Dem., VA), Edward Markey (Dem., MA) and Jeff Flake (Rep., AZ).

With Chairman Corker being judiciously noncommittal in his comments, the other four in attendance were hostile to the reconciliation: Bob Menendez (Dem., NJ), Marco Rubio (Rep., FL), Ron Johnson (Rep., WI) and David Perdue (Rep., GA).

In response to Senator Corker’s opening question about whether to date the U.S. had obtained any changes in Cuba policies, Jacobson implicitly said none by emphasizing that the U.S. actions to increase the ability of U.S. nationals to travel to Cuba and to send remittances to Cubans were assisting the latters’ ability to form businesses and over time to be agents for change. The same was true, she said, of new U.S. policies to encourage U.S. businesses to export telecommunications equipment to the island. Shannon added that the new U.S. policies helped the U.S. with other countries in Latin America, especially within the Organization of the American States (OAS) and the Summit of the Americas.

Jacobson also mentioned the OAS and the United Nations as well as continued U.S. annual reports about human rights as means the U.S. would use to assess whether Cuba makes improvements in human rights. She also reiterated her point about U.S. travel and investment in Cuba as instruments for aiding such improvements, all in response to a question from Senator Rubio.

Rubio also pressed Jacobson to concede that the U.S. and Cuba had different notions of human rights. She did so with respect to free speech, peaceful assembly and elections, but she did not point out the U.S.-Cuba agreement on many theoretical issues of human rights as discussed in a prior post.

Another major Rubio argument was increased American travel to Cuba merely benefited the Cuban government and military, which owned, in whole or in part, hotels and car rental companies. The amount of such travel to Cuban bed and breakfasts in private homes was insignificant and, in any event, such private establishments had to pay big fees to the government for such businesses. Moreover, Rubio continued, many of these hotels and other properties had been owned by Americans and others and stolen by the Cuban government. Therefore, Rubio said, the U.S. should not be promoting such increased travel.

Senator Boxer responded to this argument by pointing out that the U.S. permits travel to Viet Nam, China and Russia where hotels and other businesses are owned by the state. She also pointed out that direct interactions between U.S. and Cuban citizens should encourage the latter to want more rights. In addition, Boxer said, the rapprochement was improving cooperation regarding Cuba for the U.S. from Europe and others in this Hemisphere. An example was Panama’s reaction to Cuban efforts to suppress free speech at the recent Summit of the Americas in that country.

However, I was surprised that no one responded to Rubio’s argument about hotels that had been stolen by the Cuban government. Indeed, there are substantial damage claims against the Cuban government for its uncompensated expropriation of property, and this is one of the claims the U.S. now is asserting against Cuba, and a prior post argued for submitting these and other damage claims by both countries to an international arbitration.

Senator Johnson focused on provisions of the Libertad Act (a/k/a the Helms-Burton Act) imposing preconditions on U.S. relaxing sanctions against Cuba, presumably as a predicate for an argument that President Obama’s easing of certain sanctions was unauthorized and, therefore, illegal. Jacobson pointed out, however, that other laws had exceptions to sanctions and provided authority to the President to do what he has done. Moreover, she said, the Administration had asked Congress to enact legislation repealing the U.S. embargo of the island, including the Libertad Act.

Senator Menendez, a Cuban-American and a vigorous opponent of the reconciliation, barely concealed his anger over the change in U.S. policies. Since December 17^th, he argued, there has been no improvement in Cuban human rights, and in fact there has been a deterioration on this subject.

Senator Perdue reiterated Menendez’ argument about human rights and asserted that Cuba was still a state supporter of terrorism. It allegedly was helping Islamist terrorists, had shipped arms to North Korea that were intercepted in Panama and had another ship with explosives that on February 28, 2015, was intercepted by Colombia. Counselor Shannon pointed out that this Colombian government action was an example of the increased cooperation the U.S. now is obtaining from others in Latin America as a result of the new U.S. policies about Cuba.

Senator Kaine stated that there are roughly 600 bilateral relations in the Western Hemisphere and that the only one without normal diplomatic relations is U.S.-Cuba. In addition, there are no inter-state wars in the Hemisphere and the only civil war is in Colombia, which is the subject of peace negotiations now being held in, and aided by, Cuba. Counselor Shannon concurred, saying this was a remarkable achievement for the Hemisphere going along with its economic and democratic improvements.

Conclusion

This hearing, in my opinion, did not really provide any new information about the issues or the positions of the participants, which probably why it was not covered in U.S. news media.[2]

The hearing and the lack of news coverage underscored the importance of U.S. citizens who support the reconciliation efforts to convey their opinions to their Senators and Representatives and of the formation and actions of groups like the U.S. Agricultural Coalition for Cuba and Engage Cuba Coalition.

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[1] This post is based upon a video of the hearing and on the embedded citations to the opening statements of Senators Corker and Cardin, the testimony of Assistant Secretary Jacobson and Counselor Shannon and to some of the comments by Senators Rubio, Menendez and Perdue.

[2] This brief article is the only one found in a Google search: Gomez, Senators question wisdom of Obama’s Cuba policy, USA Today (May 20, 2015),

Another U.S. Coalition for U.S.-Cuba Reconciliation

Engage Cuba, another U.S. coalition supporting U.S.-Cuba reconciliation, is to be officially launched on June 15^th.[1]

This new nonprofit advocacy group will lobby Congress to repeal the ban against doing business in or traveling to the island nation. Its goal is to create an “umbrella organization”, bringing together people from different sectors, which have different approaches and perspectives, but agree upon this reconciliation. One of its financial backers is the National Foreign Trade Council, which represents major corporations and lobbies for expansion of U.S. international trade and which has its own broader coalition (USA*Engage) against U.S. unilateral trade sanctions, including those against Cuba.

The president of Engage Cuba, James Williams, has said, “There is a broad consensus emerging from business, agriculture, policy experts, and civil society generally that Congress must end antiquated trade and travel restrictions on Americans that stand in the way of more meaningful engagement with the Cuban people.” Moreover, he has said, the Republican Party now controlling both houses of Congress has no reason to oppose this change, not even out of principle: “Republicans believe in the power of the free market and in speaking out in support of America’s values anywhere and everywhere.”

An example of such Republican support was a January 2015 joint letter to President Obama from seven prominent Republican Senators (Jeff Flake (AZ), Rand Paul (KY), Jerry Moran (KS), Pat Roberts (KS), Mike Enzi (WY), John Boozman (AR) and Susan Collins (ME). They said, “With the significance of your recent announcements related to Cuba, we look forward to Congress turning its attention toward modernizing U.S.-Cuba policy to the benefit of U.S. citizens and the Cuban people alike. Congress must play an integral role in reforming our policy toward Cuba.”

Engage Cuba’s participants include several prominent Republicans. A top advisor is Steven Law, former Deputy Secretary of Labor in the George W. Bush Administration and current president of the American Crossroads super PAC, which backs Republican candidates and causes. Kristen Chadwick, former Special Assistant to President George W. Bush for Legislative Affairs, will manage much of the lobbying in the House of Representatives. Billy Piper, a former top aide to Sen. Mitch McConnell, will manage the Senate lobbying.

The group also has the involvement of Democratic supporters. Luke Albee worked as an aide to Senator Patrick Leahy (Dem., VT), a strong supporter of the policy change towards Cuba. Luis Miranda, the former White House director of Hispanic media and an aide to President Obama, helped conceive of the group.

An earlier coalition with a similar purpose is the United States Agricultural Coalition for Cuba that was launched in January of this year and that in early March organized a large delegation’s visit to Cuba.

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[1] This post is based upon the following: Tau, Top GOP, Democratic Consultants to Push Congress to End Cuba Embargo, W.S.J. (April 16, 2015); Ortiz, Engage Cuba Advocates Normal U.S.-Cuba Relations, OnCuba (April 27, 2015); Gomez, A coalition against the blockade in the corner of the white house, Granma (May 20, 2015) (Google translation). The group’s website does not yet have any substantive content.

Pope Francis Holds Private Audience with Raúl Castro

On Sunday, May 10^th, Pope Francis held an hour-long private audience at the Vatican with Raúl Castro, the President of Cuba.[1]

Immediately afterwards President Castro gave the Pontiff two gifts. One was a painting of a large cross made with several boats and a child praying to the cross; the Cuban artist Alexis Leyva Machado said the painting was referring to the suffering of thousands of African people trying to reach Europe by crossing the Mediterranean Sea. The other gift for the Pope was a medal commemorating the 200th anniversary of the Cathedral of Havana. In turn, the Holy Father gave Raúl a copy of his apostolic exhortation “The Joy of the Gospel” and a medal “St. Martin of Tours and the beggar covered with the mantle,” explaining that he gave it to world leaders because it recalls the obligation to help the poor and at the same time promote dignity.

At a subsequent press conference, Castro praised the Pope for helping Cuba and the United States to reach an agreement to restore diplomatic relations and resolve other issues and promised a warm welcome for Francis when he goes to Cuba in September. Castro also said he had been “very impressed by [Francis’] wisdom, his modesty, and all his virtues that we know he has.”

On a personal note, Castro said, “When the Pope comes to Cuba in September, I promise to go to all his Masses and I will be happy to do so.” He added that he reads all of the speeches of Francis, who has made defense of the poor a major plank of his papacy. Moreover, Castro said, “If the Pope continues to talk as he does, sooner or later I will start praying again and return to the Catholic Church, and I am not kidding.” (Both Mr. Castro and his brother Fidel Castro were baptized as Roman Catholics.)[2]

Raúl was kidding, however, when he said, “The pontiff is a Jesuit, and I, in some way, am too. I studied at Jesuit schools.” Castro also observed that he was “from the Cuban Communist Party that used to not allow [religious] believers, but now [since 1991] we are allowing it. It’s an important step.”

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[1] This post is based upon the following: Yardley, Raúl Castro Meets with Pope Francis at Vatican, N.Y. Times (May 10, 2015); Pullella, Raul Castro meets pope, says might return to the Church, Reuters (May 10, 2015); Scammell, Castro thanks Pope Francis for brokering thaw between Cuba and US, Guardian (May 10, 2015); Ordoz, Castro: “If the Pope continues, I’ll pray and return to the church,” El Pais (May 10, 2015) (Google translation); BBC, Raul Castro thanks Pope Francis for brokering Cuba-U.S. deal, (May 10, 2015); Francisco Raul and the Pope meet in historic meeting, Granma (May 10, 2015) (Google translation).

[2] The Cuban newspaper Granma previously cited report of this historic meeting and the subsequent press conference did not mention Castro’s comments about his plan to attend all the Pope’s masses in Cuba and perhaps to start praying and return to the Catholic Church.

Oppose Congressional Attempts To Restrict U.S. Travel to Cuba!

On April 28^th the U.S. House Appropriations Committee released the draft of a bill that contains two provisions that would restrict U.S. travel to Cuba.[1]

The draft 155-page bill is titled “A BILL –Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2016, and for other purposes.” The Committee’s summary of the bill says nothing about Cuba. Instead it says the bill would allocate $55.3 billion for “transportation, infrastructure and housing programs of national need and significance.”

One of the proposed restrictions is found in Section 193 of the draft bill (pp. 69-70), which states as follows:

“None of the funds made available in this Act may be used to facilitate new scheduled air transportation originating from the United States if such flights would land on, or pass through, property confiscated by the Cuban Government, including property in which a minority interest was confiscated, as the terms confiscated, Cuban Government, and property are defined in paragraphs (4), (5), and (12)(A), respectively, of section 4 of 5 the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023 (4), (5), and 7 (12)(A)) [Helms-Burton Act] : Provided, That for this section, new scheduled air transportation shall include any flights not already regularly scheduled prior to March 31, 2015.”

The other proposed restriction is in Section 414 of the draft bill (p. 154), which states as follows:

“None of the funds made available by this Act may be used by the Federal Maritime Commission or the Administrator of the Maritime Administration to issue a license or certificate for a commercial vessel that docked or anchored within the previous 180 days within 7 miles of a port on property that was confiscated, in whole or in part, by the Cuban Government, as the terms confiscated, Cuban Government, and property are defined in paragraphs (4), (5), and (12)(A), respectively, of section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023).[Helms-Burton Act].”

This draft bill was prepared by the House Appropriations Committee’s Subcommittee on Transportation, Housing and Urban Development, and Related Agencies, which is chaired by Rep. Mario Balart (Rep., FL), a Cuban-American who is a vocal opponent of U.S.-Cuba reconciliation. The other Republican members of this subcommittee are John Culberson (TX), Evan Jenkins (WV), David Jolly (FL), David Joyce (OH), Kevin Yoder (KS), and David Young (IA). The Democrats on the Subcommittee are Henry Cuellar (TX). David Price (NC), Mike Quigley (IL) and Tim Ryan (OH).

Next week the full Appropriations Committee will debate and vote on this draft bill, and in June will debate and vote on an appropriations bill for worker training, education and health programs. According to the New York Times, “[l]awmakers expect at least one of them to fail on the House floor, forcing budget talks to resume again, this time with Mr. Obama at the table.”

The other Republican members of the Appropriations Committee are Robert Aderholt (AL); Mark Amodei (NE); John Beutier (WA); Ken Calvert (CA); John Carter (TX); Tom Cole (OK); Ander Crenshaw (FL); Charles Dent (PA); Chuck Fleischmann (TN); Jeff Fortenberry (NE); Rodney Frelinghuysen (NJ); Kay Granger (TX); Tom Graves (GA); Andy Harris (MD); Steven Palazzo (MS); Scott Rigell (VA); Martha Roby (AL); Harold Rogers (KY), Chairman; Tom Rooney (FL); Michael Simpson (ID); Chris Stewart (UT); David Valadao (CA); and Steve Womack (AK).

The other Democrats on the full Committee are Sanford Bishop, Jr. (GA); Rosa DeLauro; Sam Farr (CA); Chaka Fattah (PA); Michael Honda (CA); Steve Israel (NY); Derek Kilmer (WA); Marcy Kaptur (OH); Barbara Lee (CA); Nin Lowery (NY); Betty McCollum (MN); Charles Pingree (ME); Lucille Roybal-Allard (CA); C.A. Ruppersberger (MD); José Serrano (NY); Peter Visclosky (IN); and Debbie Wasserman Schultz (FL).

Just looking at the names of the Democrats on the Committee reveals that at least the following are already on the record favoring U.S.-Cuba reconciliation and, therefore, should be opposed to the previously mentioned provisions that would restrict U.S. travel to Cuba: Rosa DeLauro, Sam Farr, Steve Israel, Barbara Lee, Betty McCollum and José Serrano.

I call for all supporters of U.S.-Cuba reconciliation to contact members of the Appropriations Committee and urge them to delete the previously mentioned provisions and to oppose any other efforts to restrict U.S. travel to Cuba. Contact information for representatives is available at http://www.house.gov/representatives/#state_me.

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[1] This post is based upon the following: House Comm. on Appropriations, “A BILL –Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2016, and for other purposes” (April 28, 2015); House Comm. on Appropriations, Appropriations Committee Releases the Fiscal 2016 Transportation, Housing and Urban Development bill (April 28, 2015); Shabad, GOP spending bill would restrict travel to Cuba, The Hill (April 28, 2015); Weisman, Senate Passes Cost-Cutting Budget Plan, N.Y. Times (May 5, 2015).

Senate Hearing on Expanding U.S. Agricultural Trade with Cuba

On April 21st the U.S. Senate Committee on Agriculture, Nutrition and Forestry held a hearing, “Opportunities and Challenges for Agriculture Trade with Cuba.”[1]

Chairman’s Opening Statement

The Committee Chair, U.S. Senator Pat Roberts (Rep., KS), opened the hearing by stating, “At the beginning of this Congress, I was hopeful that trade would be one area where we could work across the aisle to find agreement. I am still hopeful that is the case. . . . International trade of American agriculture products is critical…critical to the nation’s economy and critical to our Kansas farmers and ranchers. I have long fought to eliminate barriers to trade, and I believe that we should continue to work towards new market access opportunities for our agriculture products.”

“The United States and Cuba have a long history full of contention and instability. There is no shortage of opinion from members of Congress about the relationship between our two countries, both present and future. Some are concerned about human rights, others about socioeconomic ideology. But those concerns are not what this committee will focus on this morning. Today we are here to discuss the role of agriculture – opportunities and challenges – in Cuba.”

“This is not an issue that we are going to be able to fix overnight. It will take efforts in addition to bills in Congress to truly normalize trade with Cuba. The decisions that are made regarding increased trade with Cuba must be made carefully.”

“Four months ago the President announced a major shift in U.S. policy towards Cuba. It is my hope that in the future, the President will work with Congress to determine the best path forward. Foreign policy does not happen in a vacuum. We have to take a realistic approach and work out a step-by-step plan towards lifting the embargo. This is a goal that should include Congress.”

“Today we will hear from an impressive panel of experts, from the regulators responsible for writing our policies toward Cuba, to the producers who seek to grow the market for their products. I understand that, like myself, many of our witnesses here have traveled to Cuba to see first-hand what challenges and opportunities exist.”

“Agriculture has long been used as a tool – not a weapon – for peace and stability. It is my hope that Cuba will embrace the practices of free trade, enterprise and commerce, so that both countries will gain from increased relations.”

“Earlier this year, the U.S. Agriculture Coalition for Cuba was launched. They have shared a statement and additional information in support of our work today, [which was] entered into the record.”

Ranking Member’s Opening Statement

Senator Debbie Stabenow (Dem., MI), the Ranking Committee Member, said, “Improving trade with Cuba represents not only a great opportunity for America’s farmers, ranchers, and manufacturers, but a meaningful way to help rebuild trust between our nations. After more than 50 years of stalemate, it’s time for a new policy on Cuba.”

“When I visited Cuba earlier this year – just days after President eased some trade restrictions – I saw firsthand the eagerness of Cubans who want to develop a more effective relationship with the [U.S.] But we can only get there if we begin to take meaningful steps to soften many of the barriers that exist between us.”

“And America’s farmers and ranchers are uniquely positioned to lead the way. Consider this – in 2014, the U.S. exported just over $290 million in agricultural goods to Cuba. That’s a good start, but for a country only 90 miles off our coast, we can do much more. Cuba’s own import agency estimates that it will receive approximately $2.2 billion (in U.S. dollars) worth of food and agricultural products this year alone.”

“That type of economic potential deserves a chance to succeed – and is one reason why many of the largest producer groups, trade associations, and companies from within agriculture have come together to push for increased engagement.”

“Many on this Committee have pushed for increased engagement and have taken the opportunity to visit Cuba in recent months. I’d like to recognize Senators Leahy and Klobuchar, as well as Senator Boozman and Heitkamp, for their bipartisan leadership on this issue.”

“The commitment to democratic ideas and human rights we share as Americans are best realized through engagement. Our bedrock principles accompany every product farmers and ranchers send to Cuba.”

“Last week’s action by the President [in rescinding the designation of Cuba as a “state sponsor of terrorism”] is a step forward toward in normalizing our relationship and will test the commitment of the Cuban government to this process.”

“But even while we are making significant progress in rebuilding our relationship with Cuba – the policies governing trade between our countries are not yet designed to allow a steady flow of goods and services. We must find a path forward that allows U.S. financial institutions to safely and securely work with Cuban purchasers, including the extension of lines of credit. And we should work to authorize a greater range of goods, services, and supplies for export to Cuba. These measures not only make good business sense – they also will help build Cuba’s agricultural capacity and make the island a better trading partner in the long run.”

The Witnesses at the Hearing

The witnesses at the hearing were the following: (1) The Honorable Michael T. Scuse, Under Secretary, Farm and Foreign Agriculture Services, U.S. Department of Agriculture; (2) Mr. Matthew Borman, Deputy Assistant Secretary, Bureau of Industry and Security, U.S. Department of Commerce; (3) Mr. John Smith, Acting Director, Office of Foreign Assets Control, U.S. Department of the Treasury; (4) Mr. Michael V. Beall, President & CEO, National Cooperative Business Association; (5) Mr. Terry Harris, Senior Vice President, Marketing and Risk Management, Riceland Foods; (6) Mr. Ralph Kaehler, Farmer and Owner, K-LER Cattle Company, St. Charles , MN; (7) Mr. Doug Keesling, Fifth Generation Owner, Keesling Farms, Kansas Wheat, Chase , KS; and (8) Dr. C. Parr Rosson III, Professor & Department Head, Department of Agriculture Economics, Texas A&M University.

Witness Ralph Kaehler

Minnesota’s Senator Amy Klobuchar, who is a member of the Committee and the author of the Freedom to Export to Cuba Act (S.491) ending the U.S. embargo of Cuba, introduced Ralph Kaehler, whose family has been operating a livestock, row crop, and canning vegetable farm in Minnesota for nearly 130 years.

The Senator prefaced her introduction with this statement: “For too long, export and travel restrictions have prevented American farmers and ranchers from seeking opportunities in Cuba. That is why I have introduced bipartisan legislation to lift the trade embargo on Cuba, and this hearing allowed us to focus on how we can ensure that our farmers and ranchers benefit from normalized relations between our two countries.”

Mr. Kaehler testified that his farm was “an exhibitor in the First U.S./Cuba Food and Agriculture Exposition [in Havana] in 2002.” It “was the only one with live animals— affectionately known as the ‘Cuban Ark’ . . . to exhibit the diversity of U.S. livestock producers, and to introduce Cuba to the typical USA farm family.”

“Since then, the Kaehler Family has led over 10 trade delegations to Cuba. These missions have included producers from seven different states and a bipartisan mix of state lawmakers and officials. To date, some of the most successful exports to Cuba we have facilitated include shipments of livestock, dried distillers grains, powdered milk, animal milk replacer, and texturized calf feed.”

“Given the opportunity, U.S. farmers do well in Cuba. We have a significant advantage of shorter shipping over Europe, South America, Asia, and other major exporters. In addition, Cuba can take advantage of U.S. rail container service and sizing options, which also brings significant benefits to smaller privately owned businesses like ours. On top of all this, the U.S. produces a wide variety of affordable and safe food products that Cubans want to eat.”

“Unfortunately, some of the policies currently in place diminish the natural advantages American agriculture enjoys over its competitors. For instance, requirements for using third country banks for financing adds a lot of paperwork, time, and personalities to every transaction. Coupled with a restrictive cash‐in advance shipping policy . . . there is a very small margin for error before a shipper faces demurrage fees. As a family operation trying to build our business through exports, this self‐inflicted inefficiency can be tough to manage.”

Mr. Kaehler then made three specific recommendations to Congress. “First, . . . improve the trade financing rules for Cuba. . . . Second, . . . small firms like ours . . . need marketing support and assistance [from USDA] to help support our companies and figure out exactly what’s going on in markets abroad. . . . [Third,] I hope that Congress will expand the universe of people involved in U.S.‐Cuba trade by allowing a greater variety of goods and services to be traded.”

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[1] A quick examination of the official websites of the Committee’s 20 members reveals that seven have made statements favoring at least some aspects of U.S.-Cuba reconciliation (Boozman (Rep., AK), Brown (Dem., OH), Heitkamp (Dem., ND), Hoeven (Rep., ND), Klobuchar (Dem., MN), Leahy (Dem., VT) and Stabenow (Dem., MI)). Only two have negative statements about that reconciliation (Grassley (Rep., IA) and Perdue (Rep., GA)). The other eleven members‘ websites do not reveal any position on Cuba (Bennet (Dem., CO), Casey (Dem., PA), Cochran (Rep., MS), Donnelly (Dem., IN), Ernst (Rep., IA), Gillibrand (Dem., NY), McConnell (Rep., KY), Roberts (Rep., KS), Sasse (Rep., NE), Thune (Rep., SD) and Tillis (Rep., NC)). A more thorough examination of the records of the last 11 would probably uncover other indications of their positions on reconciliation with Cuba.

The Council of the Americas and the Americas Society: Other Supporters of U.S.-Cuba Reconciliation

The Council of the Americas (COA) [1] and the Americas Society (AS) [2] previously announced their support of the December 17^th announcement of the U.S.-Cuba rapprochement and of the more recent presidential rescission of the U.S. designation of Cuba as a “State Sponsor of Terrorism.”

On April 21^st COA and AS held their 45^th annual Washington Conference at the U.S. Department of State. The theme this year was “Integration & Innovation: The Americas Agenda.” One of its speakers was U.S. Secretary of State John Kerry.

Secretary Kerry quoted President Obama’s speech at the recent Summit of the Americas: the U.S. is engaged in “a new chapter of engagement in this region. I believed that our nations had to break free from the old arguments, the old grievances that had too often trapped us in the past, that we had a shared responsibility to look to the future and to think and act in fresh ways. [There is] . . . a new era of cooperation between our countries, as equal partners, based on mutual interest and mutual respect.” This commitment was being met, Kerry said, –“and not solely because of our new policy towards Cuba.”

Therefore, stated Kerry, “what we need is . . . a common agenda for the shared progress, a blueprint for the next steps that will help to ensure the democratic and economic promise in the region is actually fulfilled. That is why the [U.S.] is engaged throughout the Americas on priorities that our partner governments and its citizens themselves have identified as important. These priorities fall into three broad categories. They include the building blocks of shared prosperity – education, innovation, trade, investment. They include energy and environmental security. And they include reconciliation and strengthening democratic and inter-American institutions across the board.”

Kerry specifically addressed Cuba. He said, “In December, President Obama made the courageous decision to update our Cuba policy, which was doing far more to isolate [U.S.] from our friends in the hemisphere than it was to isolate Havana. In Panama, the President and I met for hours with our Cuban counterparts, the first such formal meetings since the 1950s. And we’re committed to moving forward on the path to normalized relations. This new course is based not on a leap of faith, but on a conviction that the best way to promote U.S. interests and values while also helping to bring greater freedom and opportunity to the Cuban people is exactly what we are doing.”

Kerry also said the “same principle applies to Venezuela. In Panama, President Obama spoke briefly with President Maduro, and a week earlier, State Department Counselor Tom Shannon was in Caracas at the invitation of the government. It is no secret that relations between our two countries have been severely strained in recent years. But I began my tenure as Secretary with a long conversation with the then-foreign minister of Venezuela in an effort to promote a more productive relationship, and the [U.S.] remains open to further addressing our differences and attempting to find areas of common ground.”

Another speaker at the Conference was New Jersey Governor Chris Christie, who said he is opposed to the new U.S. rapprochement with Cuba, describing the Castro government as a ”dictatorial family regime that denies freedoms to their people and is a sponsor of terrorism.” He spoke of the Cuban government’s asylum of Assata Shakur, who was convicted of murdering a New Jersey state trooper in 1973. Stating that he is not opposed on principle to welcoming Cuba back into the “family of civilized nations, there is still a ways to go for that to happen.”

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[1] The COA says it is, “the premier international business organization whose members share a common commitment to economic and social development, open markets, the rule of law, and democracy throughout the Western Hemisphere. The Council’s membership consists of leading international companies representing a broad spectrum of sectors, including banking and finance, consulting services, consumer products, energy and mining, manufacturing, media, technology, and transportation.”

[2] The COA is affiliated with the AS, which describes itself as “the premier forum dedicated to education, debate, and dialogue in the Americas. Its mission is to foster an understanding of the contemporary political, social, and economic issues confronting Latin America, the Caribbean, and Canada, and to increase public awareness and appreciation of the diverse cultural heritage of the Americas and the importance of the inter-American relationship.” The COA and AS have a Cuba Working Group, which includes “corporate leaders from the worlds of banking, financial services, energy, telecommunications, hospitality, pharmaceuticals, and law. Working group meetings look at the steps companies can take under current U.S. restrictions to pre-position themselves for future investment. This effort has produced a series of papers on regulations and laws affecting U.S. business activity under the U.S. embargo and in Cuba.”

Congressional Opponents of U.S.-Cuba Reconciliation Accept Terrorism Rescission

On April 23 U.S. Representative Ileana Ros-Lehtinen (Rep., FL), a Cuban-American, announced that congressional opponents of U.S.-Cuba reconciliation reluctantly had accepted President Obama’s decision to rescind the U.S. designation of Cuba as a “State Sponsor of Terrorism” that was the subject of a prior post. [1]

She said that she and 35 other representatives had been preparing to draft a resolution opposing the rescission before a joint decision was made not to go forward. The reason was their conclusion that a “joint resolution to repeal President Obama’s de-listing of Cuba from the state sponsor of terrorism list would not have the far-ranging implications that many had assumed it would.” Legally, Ros-Lehtinen said, Congress cannot prevent the White House from taking Cuba off the list because not all the statutes that govern designation of a country as a state sponsor of terrorism provide a way for Congress to block a de-listing.

The Congressional Research Service and the State Department, on the other hand, earlier had said a joint resolution by both houses could block the rescission, provided the resolution withstood a veto by Mr. Obama.

Several analysts had cast doubt on whether there was enough support in Congress to try to block Mr. Obama’s decision. Indeed, Christopher Sabatini, a scholar of U.S.-Cuba relations at Columbia University, suggested that the Republicans’ legal review provided cover for the possibility that the votes to oppose rescission were not there.

“This was the hard-liners’ white flag,” Mr. Sabatini said. “They had been planning to present a piece of legislation in the allotted 45 days to overturn the removal of Cuba from the list, but couldn’t get a majority. Rather than risk looking even more isolated, they abandoned it.”

Nevertheless, according to Ros-Lehtinen, she and the other 35 representatives “are concentrating our efforts on promoting legislation that will hold the Castro regime accountable for its nefarious activities. We plan to file broader legislation regarding Cuba that will help ensure that U.S. national security is protected and that our country continues to advocate for human rights on the island. Removing Cuba from the State Sponsor of Terrorism list does not truly lift significant sanctions as many sanctions remain codified in law.”

A week earlier just such a bill, the Cuban Human Rights Act of 2015 (H.R.1782) was introduced in the House by Rep. Chris Smith (Rep., NJ), the chair of the House global human rights subcommittee; the cosponsors (as of April 23) are Ileana Ros-Lehtinen (Rep.,FL), Mario Diaz-Balart (Rep., FL), Albio Sires (Dem.,NJ), Carlos Curbelo (Rep., FL), Leonard Lance (Rep., NJ),Tom MacArthur (Rep., NJ), Mark Meadows (Rep., NC), Rodney Frelinghuysen (Rep., NJ), Frank LoBiondo (Rep., NJ), Peter King (Rep., NY) and Dana Rohrsbacher (Rep., CA).

According to the official summary, H.R.1782 expresses the sense of Congress that the U.S.-Cuba relationship should not be changed, nor should any federal law or regulation be amended, until the government of Cuba ceases violating the human rights of the people of Cuba; the U.S. should overcome the jamming of radio and television signals of the Radio y Television Marti by the government of Cuba, and the Broadcasting Board of Governors should not cut staffing, funding, or broadcast hours for Radio y Television Marti; if certain human rights conditions are not met the U.S. Permanent Representative to the U.N. should oppose and encourage other U.N. members to oppose Cuba’s continued membership on the U.N. Human Rights Council; and the annual Stae Department trafficking-victims report to Congress should include an in-depth analysis of the facilitation of or involvement in severe forms of human trafficking by any official of the government of Cuba or of companies wholly or partially owned by the government of Cuba.

On the other hand, the summary says the bill may not be construed as: prohibiting the donation of food to nongovernmental organizations or individuals in Cuba; restricting the export of medicine or medical supplies to Cuba, or abrogating any requirement that such exports be verified in conformity with the Cuban Democracy Act of 1992 or any other applicable federal law; or prohibiting or restricting any other form of assistance specified in the Cuban Democracy Act of 1992, including telecommunications, mail, and support for democracy.

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[1] This post is based upon the following: Ros-Lehtinen, Press Release: Any Legislation Regarding Cuba Must Be Substantive and Have Significant Legal Effect (April 23, 2015); Archibold, Cuba Moves Closer to Exit U.S. Terror List, N.Y. Times (April 24, 2015); Whitefield, Republicans won’t challenge Cuba’s removal from terrorism list, Miami Herald (April 23, 2015); Whitefield, Cuba human rights bill introduced; State says Cuba will talk about return of fugitives, Miami Herald (April 15, 2015); Chris Smith, Press Release: Bill to Promote Cuban Human Rights introduced in House of Representatives, (April 15, 2015).

Presidents Obama and Castro’s Meeting at the Summit of the Americas

On April 11th U.S. President Barack Obama and Cuba’s President Raul Castro had a private meeting at the Seventh Summit of the Americas in Panama after each of them had given their major speeches. Here are their public statements immediately before that meeting as well as Obama’s subsequent press conference on these issues. [1]

President Barack Obama’s Pre-Meeting Comments

“This is obviously a historic meeting. The history between the United States and Cuba is obviously complicated, and over the years a lot of mistrust has developed. But during the course of the last several months, there have been contacts between the U.S. and the Cuban government. And in December, as a consequence of some of the groundwork that had been laid, both myself and President Castro announced a significant change in policy and the relationship between our two governments.”

“[A]fter 50 years of policy that had not changed on the part of the [U.S.], it was my belief that it was time to try something new, that it was important for us to engage more directly with the Cuban government and the Cuban people. And as a consequence, I think we are now in a position to move on a path towards the future, and leave behind some of the circumstances of the past that have made it so difficult, I think, for our countries to communicate.”

“Already we’ve seen majorities of the American people and the Cuban people respond positively to this change. And I truly believe that as more exchanges take place, more commerce and interactions resume between the [U.S.] and Cuba, that the deep connections between the Cuban people and the American people will reflect itself in a more positive and constructive relationship between our governments.”

“Now, obviously there are still going to be deep and significant differences between our two governments. We will continue to try to lift up concerns around democracy and human rights. And as you heard from President Castro’s passionate speech this morning, they will lift up concerns about U.S. policy as well.” [2]

“But I think what we have both concluded is that we can disagree with the spirit of respect and civility, and that over time it is possible for us to turn the page and develop a new relationship in our two countries.”

“And some of our immediate tasks include normalizing diplomatic relations and ultimately opening an embassy in Havana, and Cuba being able to open an embassy in Washington, D.C. so that our diplomats are able to interact on a more regular basis.”

“So I want to thank President Castro for the spirit of openness and courtesy that he has shown during our interactions. And I think if we can build on this spirit of mutual respect and candidness, that over time we will see not just a transformation in the relationship between our two countries, but a positive impact throughout the hemisphere and the world.”

“And President Castro earlier today spoke about the significant hardships that the people of Cuba have undergone over many decades. I can say with all sincerity that the essence of my policy is to do whatever I can to make sure that the people of Cuba are able to prosper and live in freedom and security, and enjoy a connection with the world where their incredible talents and ingenuity and hard work can thrive.”

President Raul Castro’s Pre-Meeting Comments (English translation)

“Mr. President, friends from the press, we have been making long speeches and listening to many long speeches too, so I do not want to abuse the time of President Obama or your time.”

“I think that what President Obama has just said, it’s practically the same as we feel about the topics, including human rights, freedom of the press. We have said on previous occasions to some American friends that we are willing to discuss every issue between the [U.S.] and Cuba. We are willing to discuss about those issues that I have mentioned and about many others, as these — both in Cuba but also in the [U.S.].”

“I think that everything can be on the table. I think that we can do it, as President Obama has just said, with respect for the ideas of the other. We could be persuaded of some things; of others, we might not be persuaded. But when I say that I agree with everything that the President has just said, I include that we have agreed to disagree. No one should entertain illusions. It is true that we have many differences. Our countries have a long and complicated history, but we are willing to make progress in the way the President has described.”

“We can develop a friendship between our two peoples. We shall continue advancing in the meetings which are taking place in order to re-establish relations between our countries. We shall open our embassies. We shall visit each other, having exchanges, people to people. And all that matters is what those neighbors can do; we are close neighbors, and there are many things that we can have.”

“So we are willing to discuss everything, but we need to be patient — very patient. Some things we will agree on; others we will disagree. The pace of life at the present moment in the world, it’s very fast. We might disagree on something today on which we could agree tomorrow. And we hope that our closest assistants –some of them are here with us today — we hope that they will follow the instructions of both Presidents.”

President Obama’s Post-Meeting Press Conference

Immediately after his meeting with President Castro, Obama held a press conference with the following additional remarks about Cuba.

“In keeping with the Inter-American Democratic Charter, we continue to stand up strongly for democracy and human rights. This was the first Summit of the Americas to include a formal role for civil society. As I said at yesterday’s forum, the [U.S.] will continue to deepen our support for civil society groups across the Americas and around the world. I’m pleased that there was widespread agreement among the nations here that civil society groups have a permanent role in future summits. And the [U.S.] will support this work through the new innovation center we’re creating to empower civil society groups across Latin America.”

“How to promote greater opportunity for the Cuban people was also a major focus of my meeting with President Castro, the first between leaders of our two nations in more than half a century. I told President Castro in private what I’ve have said in public — that our governments will continue to have differences and the [U.S.] will continue to stand firmly for universal values and human rights. At the same time, we agreed that we can continue to take steps forward that advance our mutual interests. We’ll continue to work toward reestablishing diplomatic relations, reopening embassies in Havana and Washington, and encouraging greater contacts and commerce and exchanges between our citizens.”

“I’m optimistic that we’ll continue to make progress and that this can indeed be a turning point — not just between the [U.S.] and Cuba, but for greater cooperation among countries across the region.”

“[W]ith respect to Cuba, there is majority support of our policy in the [U.S.], and there’s overwhelming support for our policy in Cuba. I think people recognize that if you keep on doing something for 50 years and it doesn’t work, you should try something new.”

“And so the American people don’t need to be persuaded that this is, in fact, the right thing to do. I recognize that there are still concerns and questions that Congress may have; we’ve got concerns and questions about specific activities that are taking place in Cuba, and human rights and reform. And there were two members of the Cuban civil society that were in attendance at the meeting that I had yesterday who expressed much of what they have to go through on a day-to-day basis. They were supportive of our policy of engagement with Cuba. And so I don’t think that it’s so much we have to persuade anybody.”

“The issue of the State Sponsor of Terrorism list — as you know, the State Department has provided a recommendation; it’s gone through our interagency process. I’ll be honest with you, I have been on the road, and I want to make sure that I have a chance to read it, study it, before we announce publicly what the policy outcome is going to be.” [2]

“But in terms of the overall direction of Cuba policy, I think there is a strong majority both in the United States and in Cuba that says our ability to engage, to open up commerce and travel and people-to-people exchanges is ultimately going to be good for the Cuban people.”

“It was a candid and fruitful conversation between me and Raul Castro. I can tell you that, in the conversations I’ve had so far with him — two on the phone and, most recently, face-to-face — that we are able to speak honestly about our differences and our concerns in ways that I think offer the possibility of moving the relationship between our two countries in a different and better direction.”

“We have very different views of how society should be organized. And I was very direct with him that we are not going to stop talking about issues like democracy and human rights and freedom of assembly and freedom of the press — not because we think we are perfect and that every country has to mimic us exactly, but because there are a set of universal principles for which we stand.”

“And one of the goals of my administration is to have some consistency in speaking out on behalf of those who oftentimes don’t have a voice. And I think during his speech in the plenary session, he was pretty clear about areas of U.S. policy he doesn’t like, and I suspect he’s going to continue to speak out on those.”

“What’s been clear from this entire summit, though, is the unanimity with which, regardless of their ideological predispositions, the leaders of Latin America think this is the right thing to do. Because what they see is the possibility of a more constructive dialogue that ultimately benefits the Cuban people, and removes what too often has been a distraction or an excuse from the hemisphere acting on important challenges that we face.”

“So I am cautiously optimistic that over the coming months and coming years that the process that we’ve initiated, first announced in December, reaffirmed here at the Summit of the Americas, will lead to a different future for the Cuban people and a different relationship between the United States and Cuba.

“On Cuba, we are not in the business of regime change. We are in the business of making sure the Cuban people have freedom and the ability to participate and shape their own destiny and their own lives, and supporting civil society.”

“And there’s going to be an evolution, regardless of what we do, inside of Cuba. Partly it’s going to be generational. If you listened to President Castro’s comments earlier this morning, a lot of the points he made referenced actions that took place before I was born, and part of my message here is the Cold War is over. There’s still a whole lot of challenges that we face and a lot of issues around the world, and we’re still going to have serious issues with Cuba on not just the Cuban government’s approach to its own people, but also regional issues and concerns. There are going to be areas where we cooperate as well. Cuban doctors deployed during the Ebola crisis made a difference; Cuban activity in Haiti in the wake of the earthquake made a difference. And so there may be areas of collaboration as well.”

“What I said to President Castro is the same thing that I’ve said to leaders throughout the region. We have a point of view and we won’t be shy about expressing it. But I’m confident that the way to lift up the values that we care about is through persuasion. And that’s going to be the primary approach that we take on a whole host of these issues — primarily because they don’t implicate our national security in a direct way.”

“And I think that we have to be very clear if Cuba is not a threat to the United States. That doesn’t mean we don’t have differences with it. But on the list of threats that I’m concerned about, I think it’s fair to say that between ISIL and Iran getting a nuclear weapon, and activities in Yemen and Libya, and Boko Haram, Russian aggression in Ukraine and the impact on our allies there — I could go down a pretty long list — climate change — so I think our approach has to be one of trying to work with the region and other countries, and be very clear about what we believe and what we stand for, and what we think works and what doesn’t.”

“And so often, when we insert ourselves in ways that go beyond persuasion, it’s counterproductive. It backfires. That’s been part of our history — which is why countries keep on trying to use us as an excuse for their own governance failures. Let’s take away the excuse. And let’s be clear that we’re prepared to partner and engage with everybody to try to lift up opportunity and prosperity and security for people in the region.”

I “did not get into the [minute] details [about rescinding the State Sponsor of Terrorism with President Castro.] As I said before, the State Sponsor of Terrorism recommendation will be coming to me. I will read it; I’ll review it. There’s a process whereby if, in fact, I accept those recommendations, Congress has an opportunity to review it, as well, and it will be there for people to see.”

“I think that the concerns around the embassy are going to be mostly on the Cuban side. They haven’t dealt with an American embassy in Cuba in quite some time. And changing in this way is, I’m sure, an unsettling process. We’re accustomed to this. We . . . “are familiar with how that gets done in a way that’s consistent with improving diplomatic relations over the long term. This is probably a more profound shift for them than it is for us.”

“But we stand ready to move forward. We’re confident that it can lead to an improved dialogue. And our bottom line at the end is, is that it can lead to an improved set of prospects for the Cuban people.”

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[1] In addition to the hyperlinked text of these remarks, this post is based upon the following: Lederman & Kuhnhenn, In historic face to face, Obama and Castro vow to turn the page, Wash. Post (April 11, 2015), DeYoung & Miroff, Obama and Castro hold historic meeting, agree to foster a ‘new relationship,’ Wash. Post (April 11, 2015). Future posts will cover other aspects of the Summit of the Americas. Prior posts set forth substantial extracts of Obama’s and Castro’s major speeches at the Summit.

[2] As discussed in a prior post, President Obama on April 14th rescinded the designation of Cuba as a State Sponsor of Terrorism, to be effective in 45 days.