Developments  in U.S.-Cuba Diplomatic Relations

As previously reported, beginning in late 2016 and continuing through August 2017, 24 U.S. diplomats stationed in Cuba have suffered various medical problems, which apparently were in connection with unusual sounds (sometimes referred to as “sonic attacks”). In response the U.S. in September  2017 reduced the staffing at its embassy in Havana and the State Department ordered non-essential embassy personnel and the families of all staff to leave Havana, arguing the U.S. could not protect them from unexplained illnesses. In addition, the U.S. expelled some of the Cuban diplomats from Washington, D.C. and imposed an advisory for U.S. citizens to reconsider plans to travel to Cuba because of the problems of some of its diplomats in Havana.[1]

In recent days there there have been significant developments on these issues.

Continued Reduced U.S. Staffing in Havana [2]

On March 2, the U.S. State Department announced that effective March 5, “a new permanent staffing plan will take effect. The embassy will continue to operate with the minimum personnel necessary to perform core diplomatic and consular functions, similar to the level of emergency staffing maintained during ordered departure. The embassy will operate as an unaccompanied post, defined as a post at which no family members are permitted to reside.”

The announcement also admitted that after over 15 months of investigation the U.S. still does “not have definitive answers on the source or cause of the attacks, and an investigation into the attacks is ongoing. The health, safety, and well-being of U.S. government personnel and family members . . . were a key factor in the decision to reduce the number of personnel assigned to Havana.”

Continued U.S. Travel Advisory for Cuba

Also on March 2 the State Department reissued its Travel Advisory for Cuba for U.S. citizens to “Reconsider travel to Cuba due to  attacks targeting U.S. Embassy Havana employees resulting in the drawdown of embassy staff.” It also stated the following:

  • “Numerous U.S. Embassy Havana employees appear to have been targeted in specific attacks.  Many of these employees have suffered injuries.  Affected individuals have exhibited a range of physical symptoms including ear complaints and hearing loss, dizziness, headaches, fatigue, cognitive issues, visual problems, and difficulty sleeping.” 
  • “Because our personnel’s safety is at risk, and we are unable to identify the source, we believe U.S. citizens may also be at risk.  Attacks have occurred in U.S. diplomatic residences (including a long-term apartment at the Atlantic)  and at Hotel Nacional and Hotel Capri in Havana.”
  • “The U.S. Embassy in Havana is operating with reduced staffing and, as result, has limited ability to assist U.S. citizens, particularly outside Havana.”  
  • “Family members cannot accompany U.S. government employees who work in Cuba.”
  • Specific suggestions were made for those U.S. citizens who nevertheless decide to travel to Cuba, including the following: “Avoid Hotel Nacional and Hotel Capri. Know where to seek medical care in Cuba. Consult with a medical professional prior to traveling if you have personal health concerns or upon return if you believe you have suffered symptoms similar to those listed above. Visit our website for Travel to High-Risk Areas. Review the Crime and Safety Report for Cuba.”

The Crime and Safety Report for Cuba was not issued by the State Department, but by the federal Overseas Security Advisory Council (OSAC). It states the State Department “ HAS ASSESSED HAVANA AS BEING A MEDIUM-THREAT LOCATION FOR CRIME DIRECTED AT OR AFFECTING OFFICIAL U.S. GOVERNMENT INTERESTS,” i..e., “non-violent crimes against tourists; . . . . roads are often dangerous due to lack of road maintenance.” A LOW-THREAT LOCATION FOR TERRORIST ACTIVITY DIRECTED AT OR AFFECTING OFFICIAL U.S. GOVERNMENT INTERESTS. HAVANA AS BEING A LOW-THREAT LOCATION FOR POLITICAL VIOLENCE DIRECTED AT OR AFFECTING OFFICIAL U.S. GOVERNMENT INTERESTS.”

U.S. Reactions to These U.S. Decisions [4]

“We have lost the strategic opportunity to pull Cuba into our sphere of interest,” said Vicki Huddleston, a former head of the U.S. interests section in Havana. “Cuba always needs to have benefactor … now the next benefactor will likely be Russia or China.”

With the reduced staffing, the U.S. is unable to maintain close ties with civil society and the opposition in Cuba. 

In addition to the previously noted inability of the Havana embassy to provide normal services to U.S. citizens on the island, it is unable to provide visa services to Cubans wanting to visit the U.S.

The six Democratic senators and representatives who visited Cuba last month, as discussed in an earlier post, already had expressed their opposition to the reduced staffing of the U.S. Embassy in Havana and the travel advisory for the island.

One of them, Representative Kathy Castor of Tampa, Florida, followed up with a February 28 letter to Secretary of State Rex Tillerson. She stressed her concern about the “detrimental impact [of reduced staffing] on families, [and] educational, religious and cultural exchanges” between the two countries. With the upcoming anticipated change in Cuba’s presidency the U.S. “should be there promoting economic and human rights reforms and continued cooperative dialogue.”

Representative Castor’s letter also called for reversal of the “overarching travel warning” for Cuba and the restrictions on person-to-person travel to the island. “There is nothing in recent history to show that Cuba is unsafe for American visitors and travel restrictions serve no purpose.” In fact, these restrictions already are adversely affecting the emerging private sector on the island, which should be a force for change on the island and improved relations with the U.S.

Representative Barbara Lee (Dem.,  CA) had similar thoughts: “The decision of the State Department affects years of progress toward the normalization of relations with Cuba. Our diplomats should be allowed to do their job and return to their posts in Cuba.”

James Williams, president of Engage Cuba, a U.S. coalition promoting U.S.-Cuba normalization, said, “”It is deeply disappointing that [the U.S. has chosen] . . . not to return U.S. diplomats to their assigned posts in Havana. This decision will be applauded in Moscow and Beijing, as both countries are poised to take advantage of Cuba’s historic transition of power while the United States remains on the sidelines. . . . As Washington continues to distance itself from Havana, U.S. adversaries have exerted greater influence. In a time of political uncertainty for Cuba, safeguarding U.S. national security interests remains more critical than ever. Last year, over a dozen retired U.S. military flag officers urged U.S. National Security Adviser General H.R. McMaster to continue to normalize relations with Cuba in order to strengthen regional stability in the Western Hemisphere.” 

Similar thoughts come from Cuba Educational Travel, which “organizes educational exchange programs and people-to-people travel for U.S. citizens and residents to Cuba” and believes “our two countries have much to learn from each other and meaningful exchanges that foster dialogue can be highly beneficial to strengthening the artistic, environmental, medical, scientific, and social science communities in the U.S. and Cuba. Most importantly, increased travel and people-to-people contact will strengthen ties between ordinary Americans and Cubans.”

Cuban Reactions to These U.S. Decisions [5]

Carlos Fernández de Cossío, the US General Director of the Cuban Foreign Ministry, said the continued low staffing of the U.S. Embassy is in response to U.S. “political motivations and has no relationship whatsoever with the security of its officials.” He also criticized the U.S. for continuing to use the word “attack,” when “it knows perfectly well that no attack or deliberate act occurred in Cuba against its diplomats.”

Sergio Gómez, a journalist with Granma, the official newspaper of the Communist Party of Cuba, provided the following comprehensive list of reasons why the U.S. should restore the full staffing of its Havana Embassy:

  1. There are millions of affected people, including Cubans on the island who intend to travel to the U.S. to visit a family member, attend an event or re-settle in the U.S. and, therefore, need the assistance of the U.S. Embassy.
  2. Requiring Cubans to go to the U.S. Embassy in Colombia imposes extra burdens  on Cubans and on that country.
  3. It makes it impossible for the U.S. to fulfill its commitment to issue 20,000 immigrant visas per year to Cubans.
  4. It impedes collaboration of scientists, scholars and athletes of the two countries.
  5. The U.S. expulsion of 17 Cuban diplomats from the Cuban Embassy in Washington, D.C. adversely affects its ability to assist  Cubans and Americans.
  6. There is no evidence of Cuban “attacks” on U.S. personnel.
  7. There is no evidence of Cuban causing the medical problems of U.S. personnel.
  8. Cuba has fully cooperated in investigating these medical problems, including welcoming the U.S. to do such investigations on the island.
  9. Cuba has an impeccable record of protecting foreign diplomats on the island.
  10. Cuba is a safe, stable and healthy country as evidenced by its welcoming 4 million foreign visitors last year, including 620,000 from the U.S.

Conclusion

The criticisms of these U.S. decisions from the U.S. and from Cuba are well founded. Restore full staffing of the Havana Embassy! Rescind the Travel Advisory for Cuba!

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[1] See posts listed in the “U.S. Diplomats Medical Problems in Cuba, 2016-2018” section in List of Posts to dwkcommentaries—Topical: CUBA

[2] U.S. State Dep’t, End of Ordered Departure at U.S. Embassy Havana (Mar. 2, 2018); Assoc. Press, Cuba ‘Health Attacks’ a Puzzle; Embassy Cuts Permanent, N.Y. Times (Mar. 2, 2018);Reuters, Drastic Staff Cuts at U.S. Embassy in Cuba Now Permanent, N.Y. Times (Mar. 2, 2018). 

[3] U.S. State Dep’t, Cuba Travel Advisory (Mar. 2, 2018); OSAC, Cuba 2017 Crime & Safety Report (Mar. 10, 2017). 

[4] Congressional Delegation Visits Cuba, dwkcommentaries.com (Feb. 24, 2018); Representative Castor, Letter to Secretary Tillerson (Feb. 28, 2018)l Engage Cuba Statement on Permanent Staff Reduction at U.S. Embassy in Havana (Mar. 2, 2018). 

[5] Gomez, Washington keeps cutting its Embassy in Cuba, Granma (Mar. 2, 2018); Gómez, Ten reasons why the United States should normalize its Embassy in. Havana, Granma (Mar. 2, 2018).

Representatives Emmer and Castor Introduce Bill To End Embargo of Cuba

Rep. Tom Emmer
Rep. Tom Emmer
Rep. Kathy Castor
Rep. Kathy Castor

On January 12, U.S. Representatives (Tom Emmer (Rep., MN), who is the Chair of the House’s Cuba Working Group, and Kathy Castor (Dem., FL) introduced a bill (H.R. 442)– the Cuba Trade Act—“to lift the Cuba embargo. This . . . [bill] would allow businesses in the private sector to trade freely with Cuba, while prohibiting taxpayer funds to be used on promotion or development of this new market.” (This bill was first introduced in the prior Congress.)[1]

Representative Emmer said, “Over the past two years, the [U.S.] has taken steps away from a failed policy of isolation and towards normalizing relations with our neighbor just 90 miles off our Florida coast. In the 115th Congress we have a real opportunity to continue these efforts to strengthen our national security, open new markets, and empower the Cuban people with human rights and real economic reforms. It is time for the halls of Congress to reflect the views of more than 70% of the American people who favor ending the trade embargo, and we look forward to doing just that.”

Representative Castor issued a similar statement. She said, “The Cuba Trade Act would lift the outdated economic embargo, continue the normalization process and open new business opportunities to benefit the people of the United States and Cuba. My neighbors, business leaders, faith leaders and others in the Tampa community have been at the forefront of positive change in America’s relationship with the Cuban people. We must turn the page on the Cold War policies of the past and build new bridges for jobs and economic opportunities for both nations and continued improvements in human rights for the Cuban people.”

The bill has four Republican cosponsors (Mark Sanford (SC), Justin Amash (MI), “Rick” Crawford (AR) and Ted Poe (TX)) and four Democrat cosponsors (Donald Beaver (VA), Barbara Lee (CA), Mark Pocan (WI) and Jim McGovern (MA)).

Last month, Emmer, Castor and their colleagues of the bipartisan Cuba Working Group sent a letter to President-elect Trump to encourage continued U.S. engagement efforts with Cuba.

Thanks to these two representatives. Give them thanks and encourage their colleagues to join the fight to repeal.

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[1] Press Release, Emmer, Castor Re-introduce Cuba Trade Act (Jan. 12, 2017).

U.S. Secretary of State Speaks to the Cuban People

On August 14, 2015, the U.S. formally opened its Embassy in Havana, Cuba with the raising of the American flag and a program featuring remarks by U.S. Secretary of State John Kerry that were telecast and broadcast live throughout the island.[1] Thus, his message, in one sense, was directed to the Cuban people, and the words in bold in the following remarks were especially addressed to them.

John Kerry @ U.S. Embassy in Havana
John Kerry @ U.S. Embassy in Havana
Secretary & U.S. Flag at Havana Embassy
Kerry & U.S. Flag at Havana Embassy

Kerry’s Remarks

Kerry started by recognizing that “this is truly a memorable occasion – a day for pushing aside old barriers and exploring new possibilities” and that Presidents Obama and Castro had made “a courageous decision to stop being the prisoners of history and to focus on the opportunities of today and tomorrow.”

The U.S. needs to recognize that “U.S. policy is not the anvil on which Cuba’s future will be forged. Decades of good intentions aside, the policies of the past have not led to a democratic transition in Cuba. It would be equally unrealistic to expect normalizing relations to have, in a short term, a transformational impact. After all, Cuba’s future is for Cubans to shape. Responsibility for the nature and quality of governance and accountability rests, as it should, not with any outside entity; but solely within the citizens of this country.”

“But the leaders in Havana – and the Cuban people – should also know that the United States will always remain a champion of democratic principles and reforms. . . .[We] will continue to urge the Cuban Government to fulfill its obligations under the UN and inter-American human rights covenants – obligations shared by the United States and every other country in the Americas.”

“And indeed, we remain convinced the people of Cuba would be best served by genuine democracy, where people are free to choose their leaders, express their ideas, practice their faith; where the commitment to economic and social justice is realized more fully; where institutions are answerable to those they serve; and where civil society is independent and allowed to flourish.”

We “believe it’s helpful for the people of our nations to learn more about each other, to meet each other. That is why we are encouraged that travel from the United States to Cuba has already increased by 35 percent since January and is continuing to go up. We are encouraged that more and more U.S. companies are exploring commercial ventures here that would create opportunities for Cuba’s own rising number of entrepreneurs, and we are encouraged that U.S. firms are interested in helping Cuba expand its telecommunications and internet links, and that the government here recently pledged to create dozens of new and more affordable Wi-Fi hotspots.”

“The restoration of diplomatic ties will also make it easier for our governments to engage. After all, we are neighbors, and neighbors will always have much to discuss in such areas as civil aviation, migration policy, disaster preparedness, protecting marine environment, global climate change, and other tougher and more complicated issues. Having normal relations makes it easier for us to talk, and talk can deepen understanding even when we know full well we will not see eye to eye on everything.”

“We are all aware that . . . the overall U.S. embargo on trade with Cuba remains in place and can only be lifted by congressional action – a step that we strongly favor. For now, the President has taken steps to ease restrictions on remittances, on exports and imports to help Cuban private entrepreneurs, on telecommunications, on family travel, but we want to go further. The goal of all of these changes is to help Cubans connect to the world and to improve their lives. And just as we are doing our part, we urge the Cuban Government to make it less difficult for their citizens to start businesses, to engage in trade, access information online. The embargo has always been something of a two-way street – both sides need to remove restrictions that have been holding Cubans back.”

Kerry also thanked “leaders throughout the Americas who have long urged the United States and Cuba to restore normal ties [and] the Holy Father Pope Francis and the Vatican for supporting the start of a new chapter in relations between our countries.”

He then paid “tribute to the people of Cuba and to the Cuban American community in the United States. Jose Marti once said that ‘everything that divides men…is a sin against humanity.’ Clearly, the events of the past – the harsh words, the provocative and retaliatory actions, the human tragedies – all have been a source of deep division that has diminished our common humanity. There have been too many days of sacrifice and sorrow; too many decades of suspicion and fear. That is why I am heartened by the many on both sides of the Straits who . . . have endorsed this search for a better path.”

“We have begun to move down that path without any illusions about how difficult it may be. But we are each confident in our intentions, confident in the contacts that we have made, and pleased with the friendships that we have begun to forge. And we are certain that the time is now to reach out to one another, as two peoples who are no longer enemies or rivals, but neighbors – time to unfurl our flags, raise them up, and let the world know that we wish each other well.”

Conclusion

In attendance at the ceremony were Embassy staff, including Jeffrey DeLaurentis, the charge d’affaires; other U.S. federal government officials, including Assistant Secretary of State for Western Hemisphere Affairs, Roberta Jacobson, who led the U.S. delegation in recent negotiations with Cuba; other countries’ diplomats; U.S. Senators Patrick Leahy (Dem., VT), Barbara Boxer (Dem., CA), Amy Klobuchar (Dem., MN) and Jeff Flake (Rep., AZ); [2] U.S. Representatives Karen Bass (Dem., CA), Steve Cohen (Dem., TN), Barbara Lee (Dem., CA) and Jim McGovern (Dem., MA); [3] and James Williams, President of Engage Cuba, and Zane Kerby, President & CEO of American Society of Travel Agents.

Also in attendance was a Cuban delegation, including Josafina Vidal, who led the Cuban team in those negotiations; and Dr. José Ramón Cabañas Rodriguez, the new Cuban Ambassador to the U.S. [4]

Another highlight of the ceremony was the beautiful reading of a beautiful poem, “Matters of the Sea” or “Cosas del Mar,” by the Cuban-American poet, Richard Blanco. Afterwards Kerry walked around old Havana, met privately with Cuban Foreign Minister, Bruno Rodriguez Parrilla, participated in a joint press conference with Rodriguez and met with Cuban dissidents at the official Havana residence of the U.S. charge d’affaires These other events of the day will be discussed in subsequent posts.

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[1] Gordon, Kerry Strikes Delicate Balance in Havana Trip for Embassy Flag-Raising, N.Y. Times (Aug. 14, 2015); Assoc. Press, A Festive Flag-Raising, Then Tough Talk on U.S.-Cuba Relations, N.Y. Times (Aug. 15, 2015);  DeYoung, In historic Cuba visit, Kerry presides over raising of U.S. flag over embassy in Havana, Wash. Post (Aug.14, 2015); Granma, Official reopening ceremony will take place today, Granma (Aug. 14, 2015); Parazza, Bécquer & Gomez, The challenge of building a future without forgetting the past, Granma (Aug. 15, 2015). A video of the ceremony also has been archived.

[2] Separate press releases celebrating the formal opening of the U.S. Embassy were issued by Senators Leahy, Boxer, Klobuchar and Flake. Back in the U.S. Senator Marco Rubio denounced the opening of the Embassy.

[3] Representatives Cohen, Lee and McGovern issued press releases welcoming the reopening of the Embassy in Havana.

[4]  Dr.Cabañas visited Minnesota last October and was mentioned in a prior post.

U.S. House Approves Impediments to U.S.-Cuba Reconciliation

In early June the U.S. House of Representatives approved two appropriations bills that contain impediments to U.S.-Cuba reconciliation. Both of these sets of impediments are the handiwork of Cuban-American Congressman Mario Diaz-Balart (Rep., FL), a fierce opponent of such reconciliation and a member of the House Committee on Appropriations.

Commerce Department Appropriations Act, FY 2016[1]

On June 3, the House, by a vote of 242-183, approved the Commerce, Justice, Science Appropriations bill for FY 2016 (H.R. 2578) to fund the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation and other related agencies. The bill contains $51.4 billon in total discretionary funding.

The Committee’s press release about this action said nothing about a provision that prohibits U.S. exports to the Cuban military. That is Section 540 (pp. 97-98 of the 98-page bill), which states as follows:

  • “(a) No funds made available in this Act may be used to facilitate, permit, license, or promote exports to the Cuban military or intelligence service or to any officer of the Cuban military or intelligence service, or an immediate family member thereof.
  • (b) This section does not apply to exports of goods permitted under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
  • (c) In this section—(1) the term ‘‘Cuban military or intelligence service’’ includes, but is not limited to, the Ministry of the Revolutionary Armed Forces, and the Ministry of the Interior, of Cuba, and any subsidiary of either such Ministry; and (2) the term ‘‘immediate family member’’ means a spouse, sibling, son, daughter, parent, grandparent, grandchild, aunt, uncle, niece, or nephew.”

Representative Sam Farr (Dem, CA) on June 3 made a motion to delete this provision, but it was defeated, 153-273. He argued that section 540 would apply so broadly with its definitions that it would constrain trade with Cuba. He said, “It hurts American businesses, and it hurts Cubans. Let’s stop living in the past.”

Section 540 and the defeated amendment were prominent in Congressman Diaz-Balart’s press release about the House’s passage of this bill. He said, “I strongly support . . . the provision that prohibits exports to the Cuban military. I firmly opposed the [defeated] amendment which would have stripped that common sense provision.”

The provision (Section 540), Diaz-Balart asserted, “ensures that exports to Cuba accomplish precisely that goal [of U.S. goods reaching the Cuban people].  Certainly the supporting of the Cuban people must not include channeling goods to the Cuban military and intelligence service that oppress them through arbitrary arrests, violence, intimidation, and unjust imprisonments.”

Moreover, according to Diaz-Balart, the Cuban military “engages in illegal weapons smuggling, subverts democratic institutions in Venezuela, and assists foreign terrorist organizations and other rogue regimes such as North Korea.  Furthermore, The Florida Congressman asserts, “several Members of the Cuban military remain under indictment for the murder of innocent U.S. citizens. Exports delivered to the Cuban military will do nothing to benefit the Cuban people, but can only directly fund the oppressive arm of the Castro dictatorship that remains a malevolent actor on the world stage.”

Diaz-Balart’s fellow Cuban-American Republican colleague from Florida, Ileana Ros-Lehtinen, another strong opponent of U.S.-Cuba reconciliation, issued a similar statement.

Another provision of the bill (Section 528) prohibits construction or modifying U.S. facilities to accommodate transferred Guantanamo detainees. A motion to delete this provision by Representative Jerry Nadler (Dem., NY) was defeated by a voice vote.

Transportation Department Appropriations Act, FY2016 [2]

The House on June 9, by a 216-210 vote, passed the FY 2016 appropriations bill for the Departments of Transportation, Housing and Urban Development and related agencies (H.R.2577). According to the House Appropriations Committee, it allocates $55.3 billion targeted at transportation, infrastructure and housing programs of national need and significance.

An earlier post quoted sections 193 and 414 of the bill that barred air or maritime travel to Cuba if they used property that had been expropriated without compensation by the Cuban government.[3]

During a June 4 debate on this bill the House defeated, 176-247, an amendment offered by Representative Barbara Lee (Dem., CA), to delete these two sections that adversely would affect the impact of the new regulations issued by the Department of Commerce this January to expand travel. Lee argued theses provisions were “wrong for diplomacy . . .[and] patently anti-business.”

Another supporter of this amendment was Representative Mark Sanford (Rep., SC), the author of a bill to expand U.S. travel to Cuba (H.R.664), who argued that travel to Cuba should not be equated with supporting the Castro regime.

This Cuba provision is also the work of Representative Diaz-Balart, who said on June 4 that the Obama administration was wrong to lift the travel restrictions, saying that the flights would land at an airport that was partly owned by American interests when it was seized by the Castro government.“What you are saying is, ‘It’s O.K. to do business on property that was stolen from Americans.’ ” However, he added, “supporting the Cuban people does not include . . . facilitating the unlawful use of stolen properties that were illegally confiscated from Americans.”[4]

Diaz-Balart’s fellow Cuban-American Republican colleague from Florida, Ileana Ros-Lehtinen issued a similar statement.

The White House has threatened to veto the bill, in part because of this Cuba-related provision.

Conclusion

The congressional Republicans apparently have decided to ignore the desires of a majority of the American people and of Cuban-Americans, as demonstrated by numerous public opinion polls, to have improved relations with Cuba and as discussed in posts on February 12 and 17. Instead, the congressional Republicans apparently have hitched their wagon to the hysterical voices of their Cuban-American members. I deplore this defiance of public opinion.

 

The congressional Republicans also apparently have forgotten the 1964 decision of the U.S. Supreme Court regarding Cuba’s expropriation of property, Banco Nacional de Cuba v. Sabbatino , 376 U.S. 398 (1964). There the court decided that the judicially-created act of state doctrine prevented U.S. courts from adjudicating a claim that the Cuban expropriation violated international law. According to the Court, ”the Judicial Branch will not examine the validity of a taking of property within its own territory by a foreign sovereign government, extant and recognized by this country at the time of suit, in the absence of a treaty or other unambiguous agreement regarding controlling legal principles, even if the complaint alleges that the taking violates customary international law.”[5]

Important to that conclusion in Sabbatino was the Court’s opinion that at least in 1964, “There are few if any issues in international law today on which opinion seems to be so divided as the limitations on a state’s power to expropriate the property of aliens. There is, of course, authority, in international judicial and arbitral decisions, in the expressions of national governments, and among commentators for the view that a taking is improper under international law if it is not for a public purpose, is discriminatory, or is without provision for prompt, adequate, and effective compensation.”

However, according to the Court in Sabbatino, “Communist countries, although they have in fact provided a degree of compensation after diplomatic efforts, commonly recognize no obligation on the part of the taking country. Certain representatives of the newly independent and underdeveloped countries have questioned whether rules of state responsibility toward aliens can bind nations that have not consented to them, and it is argued that the traditionally articulated standards governing expropriation of property reflect ‘imperialist’ interests, and are inappropriate to the circumstances of emergent states. The disagreement as to relevant international law standards reflects an even more basic divergence between the national interests of capital importing and capital exporting nations, and between the social ideologies of those countries that favor state control of a considerable portion of the means of production and those that adhere to a free enterprise system. It is difficult to imagine the courts of this country embarking on adjudication in an area which touches more sensitively the practical and ideological goals of the various members of the community of nations.”

I also deplore the congressional Republican tactic of attaching their out-of-touch Cuba prescriptions to appropriations bills and thereby risking partial government shutdowns if the President vetoes such measures.

The U.S. should be doing all it can to advance the cause of U.S.-Cuba reconciliation. Unfortunately the Republicans’ shrill rhetoric about the Cuban expropriation of U.S. property without compensation and its insertion of provisions on the subject into appropriations bills do nothing whatsoever to advance the Administration’s existing efforts to engage Cuba in negotiations about compensation for such expropriation and, if necessary, to litigate such U.S. claims before the Permanent Court of Arbitration.

In the meantime, supporters of U.S.-Cuba reconciliation should urge their Senators to seek to delete the previously mentioned Cuba provisions in these appropriations bills. Senators’ contact information is available on the Internet.

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[1] This section of the post is based upon the following: House Appropriations Comm., Press Release: House Passes Fiscal Year 2016 Commerce, Justice, Science Bill (June 3, 2015); H.R.2578: A Bill Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2016, and for other purposes (May 27, 2015); House Appropriations Comm., Report on H.R.2578 (No. 114-130) (May 27, 2015); Library of Congress, THOMAS, H.Amdt.308 to H.R.2578 [Farr amendment] (June 3, 2015); Library of Congress, THOMAS, H.Amdt.306 to H.R.2578 [Nadler amendment]; Marcos & Shabad, House passes fourth ’16 appropriations bill, The Hill (June 3, 2015); Marcos, House votes to block exports to Cuban military, The Hill (June 3, 2015); Diaz-Balart, Press Release: U.S. Resources Must Not Be Funneled through Castro’s Regime’s Military and Intelligence Services (June 3, 2015); Ros-Lehtinen, Press Release: House of Reps. Overwhelmingly Votes to Oppose Farr Amendment and Supports Not Doing Business with the Cuban Military and Cuban Intelligence Service (June 3, 2015).

[2] This section of the post is based upon the following: House Appropriations Comm., Press Release: Fiscal Year 2016 Transportation, Housing and Urban Development Appropriations Bill Passes House (June 9, 2015); Library of Congress, THOMAS, H.R.2577; Library of Congress, THOMAS, H.Amdt.404 to H.R. 2577 [Lee amendment]; Marcos & Shabad, House passes funding for transportation, housing, The Hill (June 9, 2015); Assoc. Press, House GOP Measure Would Cut Amtrak by $242M, N.Y. Times (June 9, 2015); Assoc. Press, G.O.P.-Led House Votes to Keep Curbs on American Travel to Cuba, N.Y. Times (June 4, 2015);Taylor, Republican-Led House votes against easing travel to Cuba, Wash. Post (June 4, 2015); Marcos, House rejects easing Cuba travel restrictions, The Hill (June 4, 2015); Diaz-Balart, Press Release: Historic, Bipartisan Votes in House Reject President Obama’s Policy of Appeasement of the Castro Regime (June 4, 2015); Ros-Lehtinen, Press Release: House of Representatives Stands Up For U.S. Citizens and Defeats Lee Amendment That Would Have Condoned Cuban Trafficking in Confiscated American Property (June 4, 2015).

[3] There also are two pending stand-alone bills (S.1388 and H.R.2466) that would limit U.S.-Cuba reconciliation because of the unresolved U.S. claims for compensation for expropriated property, as discussed in a prior post.

[4] The June 9 Diaz-Balart press release on the House adoption of “the Diaz-Balart bill” was focused on the bill’s prioritization of “the nation’s infrastructure and housing needs.” It also reiterated his trumpeting of the bill’s provisions about Cuba: “The common sense provisions in the bill, which prohibit new flights to Cuba and deny licenses to marine vessels that use property confiscated from Americans, further core American values and safeguard the property rights of Americans.  We must not permit the exploitation of properties stolen by the Castro regime, which is expressly prohibited in U.S. law.”

 

[5] The opinion of the Court in Sabbatino was written by Mr. Justice John Marshall Harlan, II and was joined by Chief Justice Earl Warren and Justices Black, Douglas, Clark, Brennan, Stewart and Goldberg. Mr. Justice White dissented on the ground that the act of state doctrine should not apply and that the U.S. courts should resolve the case on the merits. The Supreme Court’s decision was criticized in Congress, which passed the so-called Second Hickenlooper Amendment (or Sabbatino Amendment) that provided that U.S. courts are not to apply the Act of State Doctrine as a bar against hearing cases of expropriation by a foreign sovereign unless the Executive requests that the courts consider the Act of State Doctrine because foreign policy interests may be damaged by judicial interference. The Amendment was retroactive and subsequently was found constitutional by the district court and the complaint in Sabbatino was dismissed.

 

 

 

 

 

 

 

 

 

 

U.S. Radio and Television Broadcasts to Cuba at Crossroads

In 1983 the Cuban American National Foundation, a once-monolithic lobbying group of Cuban exiles, helped persuade the Reagan administration to establish Radio Martí, which started broadcasting from Miami to Cuba in 1985, and TV Martí began in 1990. [1]

For most of its 30 years, the Martí services have been known for their anti-Castro, one- dimensional slant and advocacy. As a result, the Cuban regime has been very hostile to these services. It has made them illegal and often blocks their reception on the island.

The Martís, with a budget of $27 million, also have U.S. critics, including former American diplomats in Cuba. These critics “have considered them taxpayer-funded relics controlled by Cuban exiles that too often slide into propaganda, which has damaged their credibility.” In addition, “reports by congressional staff members and federal agencies, like the Inspector General for the State Department, have delivered stinging assessments” of Martí; the most recent such report came last summer accusing the Martís of ‘a lack of balance, fairness and objectivity,’ of cronyism, malfeasance and, most recently, low employee morale.”

More recently Martí has “focused on diversifying coverage of Cuba and ramping up a Martí website. [This includes] bringing more Cubans into the conversation through video, articles, texts, blogs and social media. “ This includes an expansion of a “cadre of journalists in Cuba who file videos and articles, with their names made public at great risk. Some of those interviewed by the reporters are also identified, a sign of diminishing fear.” In addition, Cubans now “can post their own blogs and news items through features like “Reporta Cuba,” which often spreads news of detentions.” “And a separate social network created by the Martís, Piramideo, allows Cubans to use cellphones or email accounts to gain access to a site that circumvents government restrictions. From there, they can send messages to hundreds of Cubans in Cuba about nearly anything.”

Another goal at Martí “was to lift journalistic standards, [especially attempting] to offer more diverse views of Cuban life and [U.S.] foreign policy. Reporters now call the Cuban government to get its response for certain stories.”

Now Martí presents “snippets of life on the island, like examples of the recently unleashed zeal for private enterprise. So one of the hosts, as part of an effort to bolster Cuba’s fledgling independent businesses, recently promoted “Hilda in Havana,” who is offering desserts and decorations for events and restaurants. Next up was a listing from a Havana man peddling his churro cart.” Other topics are housing problems in Cuba, the latest small-business ventures (public bathrooms in private homes, 25 cents for a quick stop, 50 cents for longer visits), dissident detentions, how to find the rare Wi-Fi hot spots.”

In addition to their live broadcasts, every month, Martí distributes nearly 15,000 DVDs of its programming in Cuba and circulated through flash drives. The goal of all of these efforts is to provide news and information about Cuba to Cubans without Cuban censorship.

In the last few years, Martí has been challenged by increased competition. “Cubans now use flash drives that are loaded with television shows and movies from satellite dishes and sold on the black market.”

With the December 17, 2014, announcement of the U.S. and Cuba intent to pursue normal diplomatic relations, the future of the Martí ventures is under re-examination.

“While Obama administration officials support the Martís, they are eager to cut the Office of Cuba Broadcasting loose from the federal mantle. In its budget for next year, the administration proposed consolidating the Office of Cuba Broadcasting and Voice of America’s Spanish-language programs, turning them into a nonprofit. The organization would be funded by federal grants, with federal oversight, but would not be part of the government. [This is the way that] Radio Free Europe/Radio Liberty, which gained prominence during the Soviet era and served as the model for the Martís, has long operated this way.”

In January, Cuba’s President Raúl Castro called for an end to the Martís as a condition for normalizing relations with the United States, but this proposal has not been mentioned in the limited publicly available information about the negotiations between the two countries.

There is a bill in Congress to terminate the two broadcasting services: H.R.570, Stop Wasting Money on Cuba Broadcasting Act. It was offered by Minnesota’s Democratic Representative, Betty McCollum. As of March 25, there had been no action on the bill in the House of Representatives although it has gained four Democratic cosponsors—Barbara Lee (CA), Raul Grijalva (AZ), Richard Nolan (MN) and Jose Serrano (NY).

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[1] This post is based upon Alvarez, Radio and TV Martí, U.S. Broadcasters for Cuba, Face New Obstacles, N.Y. Times (Mar. 24, 2015),