Representative Charles Rangel

Current Status of Efforts To End U.S. Embargo of Cuba

Many prior posts have discussed this blogger’s support for ending the U.S. embargo of Cuba. Unfortunately it looks increasingly unlikely that will happen in the last year of President Obama’s term in office.

U.S. Congressional Efforts

A 2/26/16 search of the U.S. Library of Congress THOMAS website regarding legislation in Congress reveals that no action whatsoever has been taken in this Session of Congress on two Senate bills to end the embargo (S.491 by Senator Amy Klobuchar (Dem., MN) and S.1543 by Senator Jerry Moran (Rep., KS)) and on four similar bills in the House (H.R.274 by Rep. Bobby Rush (Dem., IL), H.R.403 by Rep. Charles Rangel (Dem., NY), H.R.735 by Rep. Jose Serano (Dem., NY) and H.R.3238 by Rep. Cal Emmer (Rep., MN)).

Most significantly Senator Bob Corker (Rep., TN), the Chair of the Senate Committee on Foreign Relations, said on February 24, 2016, that ending the embargo was “not going to happen this year but I think it’s something that could happen as we move into a new president(‘s administration).” [1]

Corker added, “If Cuba were to evolve its behavior and people were able to see results from what’s happening with the executive order changes that are occurring, then I think it’s possible. To me it appears that things are gradually moving along. We have air flights that are now going in, and it seems to me that this is going to be a year where those things take hold.” However, he said, “Obviously there’s still tremendous human rights abuses that are taking place in Cuba.”

In the meantime, Minnesota Representative Tom Emmer is continuing his efforts to garner public support for ending the embargo and hopes this year for a vote on such a bill, presumably the one he has authored. He promotes this effort to Midwestern farmers at agricultural conferences and dispatching his senior staffers to speak at D.C. forums in favor of the bill.[2]

After his second trip to Cuba earlier this month, Emmer went to Miami, Florida and reported that Cuban-Americans in Miami were not unanimously supporting the embargo. “Business owners down here recognize it’s a matter of when and not if [the embargo will end].”

An ally for Emmer’s effort is Mike Fernandez, a Cuban-American, Floridian and Republican health care executive who is disappointed in many Republican politicians who continue to hold out against lifting the embargo. After a 2000 trip to Cuba, Fernandez changed his opinion on the embargo. He came to realize “that the greatest ally that the Cuban government had was the embargo because it was a way of explaining to the people why nothing worked in Cuba. . . . It became a great cover of the great inefficiencies of that government.” As a result, after his trip, Fernandez helped launch a number of small-business incubators in Cuba, cooperating with the Catholic Church and some universities, to train people to start small businesses.

Emmer’s fellow Minnesotan in the Senate, Amy Klobuchar, has authored a bill in that Chamber to end the embargo and continues to press for its adoption. Immediately after President Obama’s State of the Union Address on January 12, 2016, she said in a press release, “Passing my bipartisan bill to lift the embargo would benefit the people of both our countries by boosting U.S. exports and allowing Cubans greater access to American goods. I hope Congress heeds President Obama’s call and moves my critical legislation forward so that we can strengthen our U.S. economy and bring our relationship with Cuba into the 21st century.” [3]

Last month she also told an agricultural periodical that “there’s a lot of momentum [for ending the embargo]. If it happens at the end of this year or next year…my prediction is within the next two years we will lift that trade embargo.” Key for her is the benefits for agriculture from further normalized trade with Cuba. [4]

Obama Administration’s Efforts

Previous posts have discussed the efforts of the Administration to encourage Congress to pass legislation to end the embargo and its executive orders to loosen some aspects of the embargo that it asserts are permissible under existing legislation. Now we wait to see whether there will be additional executive orders to adopt further loosening the embargo, especially before the President goes to Cuba on March 21-22.

An additional objection to the embargo being pressed by Cuba is U.S. enforcement of the embargo by imposing fines for violations of the laws underlying that embargo. The Miami Herald reports that as of February 24, 2016, the U.S. Treasury Department had initiated eight enforcement actions involving Cuba since the date of the announcement of rapprochement (December 17, 2014) with fines totaling $5,278,901, all involving transactions predating that announcement. [5]

The Miami Herald also noted that on February 23, the Cuban government, before the eighth case was announced, said the fines totaled $2.84 billion. The huge difference in the two totals has not been explained.

Conclusion

All U.S. citizens who support the ending of the embargo need to keep pressing their U.S. Senators and Representatives to adopt one of the bills now before the two chambers to do just that.

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[1] Reuters, Senator Corker: Congress Won’t End Cuba Embargo under Obama, N.Y. Times (Feb. 24, 2016); Hattem, Senate chairman: End of Cuba embargo ‘Possible,’ The HIll (Feb. 24, 2016).

[2] Sherry, Emmer lobbies U.S. Cuban community in effort to end embargo, StarTribune (Feb. 21, 2016).

[3] Klobuchar Press Release: Following President Obama’s State of the Union Address, Klobuchar Calls on Congress To Pass Her Bipartisan Bill To Life Cuba Trade Embargo (Jan. 13, 2016)

[4] Dorenkamp, Klobuchar leads bill to lift Cuban trade embargo, Brownfield Ag News for business (Jan. 22, 2016).

[5] Whitefield, Despite new Cuba relationship, fines persist against firms accused of violating embargo, Miami Herald (Feb. 24, 2016).

Bipartisan Bill To End Embargo of Cuba Introduced in House of Representatives

On July 28 Representatives Tom Emmer (Rep., MN) and Kathy Castor (Dem., FL) introduced the Cuba Trade Act of 2015 (H.R.3238) to end the U.S. embargo of Cuba. The bill is cosponsored by Republican Representatives Ralph Abraham (LA), Justin Amash (MI), Charles Boustany, Jr. (LA), Reid Ribble (WI) and Mark Sanford (SC).[1]

According to Emmer, “Today marks a new and exciting chapter for the U.S. – Cuba relationship. The American people overwhelmingly support lifting the Cuba embargo. Along with the Cuban people, Americans are ready for a fresh start and new opportunities for increasing trade, advancing the cause of human rights and ushering in direly needed reforms. This legislation will improve our position within the region, giving the U.S. a seat at the table and increased leverage as we support political transformations beginning to occur in Cuba. The time has come for a change in our policy towards Cuba, and I am ready to work with my colleagues in Congress on policies that are beneficial to both the American and Cuban people.”

Co-author Castor had a similar message. She said, “The United States and Cuba have taken historic actions this year to set our countries on a more productive path forward for citizens of both nations and turn the page on the outdated 50 year policy of isolation. This [bill is an] important step forward will advance human rights and lift the fortunes of families and entrepreneurs on both sides of the Florida straits. Lifting the embargo and reestablishing historic trade ties with Cuba will be a boost to our port and local small businesses in Tampa Bay.” Her press release added that her district is “home to a large Cuban-American population with historic ties that date back to the 1800s.”[2]

This bill is a companion to the Senate’s bill by the same name (S.1543) that was introduced by Kansas’ Republican Senator Jerry Moran and Maine’s Independent Senator Angus King,,[3] and both bills would fully lift the trade embargo with Cuba by granting the U.S. private sector the freedom to trade with Cuba, while protecting taxpayer interest from any risk associated with such trade.

To protect U.S. taxpayers, the bills have three features. First, they would allow all private persons, entities or organizations to spend private funds for Cuba trade promotion and market development without the use of any taxpayer dollars. Second, commodity check-off programs, which are producer funded, would be allowed to be used. Third, private credit from private institutions could be extended to Cuba, without risk to U.S. taxpayers.

The House already had three bills to end the embargo, all offered by Democratic Representatives: (i) H.R. 403: Free Trade with Cuba Act (Rep. Charles Rangel (NY) with 29 Democratic cosponsors as of July 27); (ii) H.R.274: United States-Cuba Normalization Act of 2015 (Rep. Bobby Rush (IL) with no cosponsors as of July 27); and (iii) H.R.735: Cuba Reconciliation Act (Rep. Jose Serrano (NY) with 12 Democratic cosponsors as of July 27).[4]

All of these previous House bills were assigned to the following seven House committees: Agriculture; Energy and Commerce; Financial Services; Foreign Affairs; Judiciary; Oversight and Government Reform; and Ways and Means. Presumably the bill just introduced by Representatives Emmer and Castor will be similarly assigned. As of July 27, none of these committees had taken any action on the earlier bills.

Given control of the House is in the hands of the Republican Party, maybe the just-introduced bill by Republican Tom Emmer will have a more receptive consideration by these committees.

Representative Emmer in the first six months of his first term in the House serves on the Agriculture and Foreign Affairs committees and already has voiced interest in normalization of U.S.-Cuba relations as indicated by the following:

His website‘s page on “Foreign Affairs”states, “Regions such as Latin America, Africa and Asia present us with emerging opportunities to increase trade and diplomatic relations.”
Early this year Emmer made his first trip to Cuba with a congressional delegation and said the trip had convinced him that the Cuban people are ready to do business with America. “Before the trip, you can be academic about [the issue],” he said. “Once you see the people, it’s not about leadership as much as it’s about people. They’re hungry for the next step, hungry for access to the marketplace.”[5]
In early February Emmer let it be known that if certain conditions were met, he could support lifting the embargo even though he thinks President Obama could have been more open about his initial talks with Cuban officials. “By all accounts the Cuban people are worse off today than when [the embargo] started. So clearly that’s not working,” he said. “And I’m supportive of engaging in diplomacy, starting to re-engage in diplomatic relations with Cuba, to begin that process to hopefully someday getting to normalize that relationship. But it’s two separate things. One, it’s diplomacy, and down the road is normalization.”[6]
In late May Emmer made his second trip to the island, again with another congressional delegation, this one led by Representative Mark Sanford (Rep., SC). Afterwards Emmer said, “The experience for me, is to learn it, to understand it, and see how it fits with Minnesota’s economy.” He also learned “the Cuban people, they love Americans.” [7]
After the July 1 announcement that the two countries would reopen embassies on July 20, Emmer stated he sees “a real opportunity for a positive, open trading partnership between these two countries. The potential benefits for Minnesota exporters are immense, and what is good for Minnesota is good for our country.”[8]

Upon introducing his bill to end the embargo, Emmer stated that he decided to do so after his second trip to Cuba. “I understand there’s a lot of pain on both sides of this issue that goes back many decades, something that a kid from Minnesota is not going to necessarily be able to understand. But I believe this is in the best interests of the Cuban people. This isn’t about the Cuban government — it’s about people on the street looking for more opportunity and to improve their quality of life.”[9]

Conclusion

Now the Minnesota congressional delegation is almost unanimous in supporting U.S.-Cuba normalization and ending the U.S. embargo of the island.

Our two Democratic U.S. Senators (Amy Klobuchar and Al Franken), our five Democratic Representatives (Keith Ellison, Rick Nolan, Betty McCollum, Collin Peterson and Tim Walz) and now our Republican Representative Emmer are on record as authors or cosponsors of bills to end the embargo.

In addition, our Republican Representative Erik Paulsen has made statements that at least do not indicate opposition to these measures. He said in early February, “We should be looking at opportunities to open up trade between the United States and Cuba so we can export more American goods and services. However, the President should have engaged Congress before making concessions to the Cuban government.” And after the announcement of the reopening of embassies, he observed, “A new [U.S.] embassy needs to focus on boosting open markets so the Cuban people can access more American goods and services.” Paulsen’s district, by the way, includes the headquarters of Cargill, the leader of the U.S. Coalition for Cuba, which is a strong advocate for ending the embargo and for normalization.[10]

The lone exception to this Minnesota consensus appears to be our other Congressman, Republican John Kline. In early February he stated he was “not confident the Administration will follow through on its promises to hold the Castro dictatorship regime accountable, and I’m concerned about revisiting relations with Cuba until all Cubans enjoy a free democracy.” After the announcement of the reopening of embassies, his spokesman said, “While congressman Kline supports new opportunities for American businesses and has a strong record of supporting trade and efforts to grow jobs in America, he wants all Cubans to enjoy a free democracy but is not confident this administration will follow through on its promises to hold the Castro dictatorship regime accountable,” [11]

As a Minnesota advocate for U.S.-Cuba reconciliation, I am proud that our congressional delegation is so supportive of ending the embargo and for normalization. I entreat Representatives Paulsen and Kline to join their colleagues in this endeavor.

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[1] Press Release, Emmer, Castor Introduce Legislation to Lift Cuba Embargo (July 28, 2015) Emmer’s website contains endorsements from the Minnesota Farm Bureau, National foreign Trade Council, National Farmers Union, Minnesota Farmers Union, U.S. Agricultural Coalition for Cuba, National Turkey Federation, Greater Tampa Area Chamber of Commerce, Council of the Americas, Arkansas Rice Growers Association, Engage Cuba, Cuba Now, Washington Office of Latin America and CoBank.(See also Sherry, Rep. Tom Emmer leads Republican effort to lift Cuba embargo, StarTribune (July 28, 2015)(Democratic Representative Betty McCollum today indicatated her support for Emmer’s bill).)

[2] Castor, Press Release: U.S. Reps. Castor and Republican colleagues file bill today to end Cuba embargo (July 28, 2015)

[3] As reported in a prior post, the Moran-King bill (S.1543) was introduced on June 10 with Senator John Boozman (Rep., AK) as cosponsor and was referred to the Senate Committee on Banking, Housing, and Urban Affairs. That committee also has the earlier bill to end the embargo– S.491: Freedom to Export to Cuba Act of 2015—introduced by Senator Amy Klobuchar (Dem., MN). As of July 27 that bill had 21 bipartisan cosponsors, but that committee had taken no action on either bill.

[4] These bills were discussed in a prior post, which was updated in another post.

[5] Brodey, Why is Minnesota’s congressional delegation so focused on Cuba? MINNPOST (June 22, 2015).

[6] Henry, Emmer on Cuba embargo: ’Clearly that’s not working,’ MINNPOST (Feb. 6, 2015).

[7] Demczyk, Emmer Details Cuba Visit, KNSI Radio (June 1, 2015), This trip was discussed in a prior post.

[8] Spencer, Embassy reopening could help efforts to end Cuban trade embargo, StarTribune (July 1, 2015).

[9] Gomez, Emmer files bill to end U.S. embargo of Cuba, SC Times (July 28, 2015).

[10] Spencer (n. 8).

[11] Henry (n. 6); Spencer (n. 8).

Cuba Announces Agreement To Restore Diplomatic Relations with the United States

On July 1, 2015, the U.S. and Cuba announced an agreement to restore diplomatic relations. This post will discuss Cuba’s announcement and reactions.[1] A prior post did the same for the U.S. announcement and reactions.

The Cuban government’s announcement of the resumption of diplomatic relations stated the following:

“The President of the Councils of State and Ministers of the Republic of Cuba, Army General Raúl Castro Ruz, and the President of the United States of America, Barack Obama, exchanged letters through which they confirmed the decision to reestablish diplomatic relations between the two countries and open permanent diplomatic missions in their respective capitals, from July 20, 2015.”
“By formalizing this step, Cuba and the United States ratified the intention to develop respectful and cooperative relations between both peoples and governments, based on the purposes and principles enshrined in the Charter of the United Nations and International Law, in particular the Vienna Conventions on Diplomatic and Consular Relations.”
“The Government of Cuba has decided to reestablish diplomatic relations with the United States in full exercise of its sovereignty, invariably committed to the ideals of independence and social justice, and in solidarity with the just causes of the world, and reaffirming each of the principles for which our people have shed their blood and ran all risks, led by the historic leader of the Revolution Fidel Castro Ruz.”
“With the reestablishment of diplomatic relations and the opening of embassies, the first phase concludes of what will be a long and complex process towards the normalization of bilateral ties, as part of which a set of issues will have to be resolved arising from past policies, still in force, which affect the Cuban people and nation.”
“There can be no normal relations between Cuba and the United States as long as the economic, commercial and financial blockade that continues to be rigorously applied, causing damages and scarcities for the Cuban people, is maintained. It is the main obstacle to the development of our economy, constitutes a violation of International Law and affects the interests of all countries, including those of the United States.”
“To achieve normalization it will also be indispensable that the territory illegally occupied by the Guantanamo Naval Base is returned, that radio and television transmissions to Cuba that are in violation of international norms and harmful to our sovereignty cease, that programs aimed at promoting subversion and internal destabilization are eliminated, and that the Cuban people are compensated for the human and economic damages caused by the policies of the United States.”
“In recalling the outstanding issues to be resolved between the two countries, the Cuban Government recognizes the decisions adopted thus far by President Obama, to exclude Cuba from the list of state sponsors of international terrorism, to urge the U.S. Congress to lift the blockade and to begin to take steps to modify the application of aspects of this policy in exercise of his executive powers.”
“As part of the process towards the normalization of relations, in turn, the foundations of ties that have not existed between our countries in all their history will need to be constructed, in particular, since the military intervention of the United States 117 years ago, in the independence war that Cuba fought for nearly three decades against Spanish colonialism.”
“These relations must be founded on absolute respect for our independence and sovereignty; the inalienable right of every State to choose its political, economic, social and cultural system, without interference in any form; and sovereign equality and reciprocity, which constitute inalienable principles of International Law.”
“The Government of Cuba reiterates its willingness to maintain a respectful dialogue with the Government of the United States and develop relations of civilized coexistence, based on respect for the differences between the two governments and cooperation on issues of mutual benefit.”
“Cuba will continue immersed in the process of updating its economic and social model, to build a prosperous and sustainable socialism, advance the development of the country and consolidate the achievements of the Revolution.”

That same day (July 1) Ramón Cabañas Rodríguez, the Head of the Cuban Interests Section in Washington, delivered to Interim Secretary of State Anthony Blinken at the U.S. State Department a letter from Raúl Castro to President Obama, confirming that “the Republic of Cuba has decided to reestablish diplomatic relations with the United States of America and open permanent diplomatic missions in our respective countries, on July 20, 2015.” That letter went on to say the following:

“Cuba makes this decision, motivated by the mutual intention to develop relations of respect and cooperation between both peoples and governments.”
“Cuba likewise draws inspiration from the principles and objectives established in the United Nations Charter and international law, namely, sovereign equality; the settlement of disputes by peaceful means; abstention from acts or threat of aggression or the use of force against the territorial integrity or political independence of any States, non-intervention in matters within the domestic jurisdiction of any State, the promotion of friendly relations among nations based on respect for the principles of equal rights and that of the people’s right to self-determination, and cooperation in solving international problems and in promoting and encouraging respect for human rights and fundamental freedoms for all.”
“The above stated principles are in accordance with the spirit and norms established in the Vienna Convention on Diplomatic Relations of April 18, 1961 and the Vienna Convention on Consular Relations of April 24, 1963, to which both the Republic of Cuba and the United States of America are parties, and will govern diplomatic and consular relations between the Republic of Cuba and the United States of America.”

Cuba also confirmed that on July 1 Jeffrey DeLaurentis, the Head of the U.S. Interests Section in Havana, had delivered to the Cuban Foreign Ministry a July 1 letter from President Obama to President Castro that was quoted in the prior post about the U.S. announcement of restoration of diplomatic relations.

Cuban Reaction

According to a U.S. reporter for the New York Times, Cubans in the streets of Havana welcomed the news about the resumption of diplomatic relations.

Roberto, a parking attendant who minds cars near the U.S. Interests Section on the Malecon, said, ““This will benefit the country. Maybe, I don’t know, it will eventually benefit me.”

Regina Coyula, a blogger who for several years worked for Cuban state security, commented, “People realize that the Americans aren’t going to solve their problems, and nor is the government” of Cuba. The reaction to the December 17^th announcement of rapprochement was “like a firework display. Everyone watched them. Everyone thought they were beautiful. And then they went back to their lives.”

Coyula added that with American money being spent in private restaurants and homes and on car services, those Cubans who are doing well will do even better. “The difference between those Cubas is only going to grow.”

“We’ve been waiting all our lives for this, and it’s very welcome,” said Carmen Álvarez, 76, who was walking with friends near the Interests Section. “We’re waiting with our arms and our minds wide open.”

Yosvany Coca Montes de Oca, 38, who began listing his one-bedroom apartment in Havana with Airbnb, the online house-sharing service, in April, said, “Things are going really well.” He used to get four or five Americans staying at his house every month. For the past two months, he has had more than 15 and has been showered with reservations. But Mr. Coca acknowledged that he was part of a privileged economic circle that was feeling the immediate benefit of new American interest in Cuba. Many Cubans, he said, felt little change. “For ordinary people, it doesn’t have a direct impact. People are mainly concerned with getting by day to day.”

More generally, the U.S. reporter concluded,“The euphoria that prompted Cubans to toot their horns and wave flags [on December 17^th] . . . has given way to a tempered hope that an influx of Americans, and the eventual end of the trade embargo, will help pry open the economy and the political system.”

Similar positive comments from people on the street in Havana were captured by Granma, the official newspaper of Cuba’s Communist Party.

Other Reactions

Cuba’s Granma newspaper reported positive reactions to the restoration of diplomatic relations from China, Brazil, the European Union and the United Nations.

Conclusion

The Cuban announcement reiterated some of the issues that Cuba has raised before and after the December 17^th announcement of rapprochement and that have been addressed in prior posts to this blog.

Foremost for Cuba is ending the U.S. embargo or blockade of Cuba. President Obama agrees that this should happen and again yesterday called on Congress to adopt legislation doing just that. Senators Amy Klobuchar, Jerry Moran and Angus King have introduced bills to that end, and in the House Charles Rangel, Bobby Rush and Jose Serano have authored similar bills. Now the relevant congressional committees need to hold hearings and report the bills to the floors of the respective chambers for voting them up or down.[2]

Related to ending the embargo or blockage is Cuba’s repeated allegation that it is illegal under international law and has damaged Cuba, allegedly $1.1 trillion as of last October. It is exceedingly unlikely that the U.S. will agree with these assertions and pay Cuba that sum of money. Therefore, this blogger has suggested that this Cuban claim, along with others by Cuba and the U.S., be submitted for resolution to the Permanent Court of Arbitration at the Hague in the Netherlands.[3]

The other significant issue for Cuba is ending the alleged U.S. illegal occupation of Guantanamo Bay and returning that territory to Cuba. Again it is exceedingly unlikely that the U.S. will agree with that allegation and demand. Remember that the Cuban government in 1906 leased that territory to the U.S. for use as a “coaling station” or “naval station” and that there are many problems with Cuba’s assertion that it has the right to terminate the lease. Therefore, this blogger has suggested that this Cuban claim and others relating to Guantanamo, including unpaid rent for the last 50-plus years, also be submitted for resolution to the Permanent Court of Arbitration.[4]

Cuba’s complaint about U.S. radio and television transmissions to Cuba (Radio and TV Marti), in this blogger’s opinion, is secondary. Again I see no U.S. acceptance of this complaint, and thus it too should be submitted to the Permanent Court of Arbitration.[5]

The other secondary Cuban complaint concerns the U.S. “programs aimed at promoting subversion and internal destabilization.” This refers to the covert, secret or “discreet” programs of the U.S. Agency for International Development (USAID), such as its social media program, the HIV workshop program and the hip-hop artist campaign. These programs, in this blogger’s opinion, are a stupid waste of U.S. taxpayers’ funds and should be terminated by the U.S. Any U.S. programs to promote democracy in Cuba should be joint ventures with the Cuban government.[6]

Now the more difficult work comes for the two countries’ diplomats to meet, discuss and negotiate to attempt to resolve or at least narrow these and many other issues. We wish them courage, persistence and humility in their work.

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[1] Statement by the Revolutionary Government, Granma (July 1, 2015); Letter from Cuban President Raúl Castro to Barack Obama (July 1, 2015); Interim Minister of Foreign Relations receives letter from U.S. President to Army General Raúl Castro Ruz, Granma (July 1, 2015); Cuba and the U.S. confirm reestablishment of diplomatic relations, Granma (July 1, 2015); Burnett, Cubans Greet Latest Step in U.S. Thaw With Hope Tempered by Reality,N.Y. Times (July 1, 2015).

[2] Prior posts have discussed bills to end the embargo in the U.S. House of Representatives and similar bills by Senators Klobuchar and Moran and King.

[3] A prior post concerned the October 2014 U.N. General Assembly’s overwhelming approval of a resolution condemning the embargo and Cuba’s allegation of $1.1 trillion of damages. Arbitration of Cuba’s alleged damages claim was suggested in another post.

[4] A post examined the 1906 lease of Guantanamo Bay; another, whether Cuba had a right to terminate the lease and another. arbitration of unresolved issues about the lease.

[5] One post looked at the status of Radio and TV Marti.

[6] Prior posts have covered USAID’s social media program; the U.S. Senate’s comments on that program; USAID’s HIV workshop program and reactions thereto by the U.S. government and by others; the New York Times’ criticism of the programs; criticism of the programs by the Latin American Working Group; and this bloggers’ open letter to President Obama complaining about the programs.

Bills To End U.S. Embargo of Cuba Introduced in House of Representatives

Two bills to end the U.S. embargo of Cuba have been filed in the House of Representatives, but so far nothing in the Senate. [1] This post will examine the status of those two bills and the positions on the embargo of Minnesota’s U.S. Senators and Representatives

The Current Bills To End the Embargo

On January 15^th three Minnesota Congressmen—Keith Ellison, Collin Peterson and Rick Nolan, all Democrats—announced that they are co-sponsoring a bill to end the U.S. embargo of Cuba (H.R. 403) that was introduced on January 16^th by Representative Charles Rangel (Dem., NY).[1] Titled “To lift the trade embargo on Cuba, and for other purposes,” neither its text nor its summary is currently available on the Library of Congress’ website for pending legislation. [2]

This bill along with another bill to the same effect (H.R. 274 by Congressman Bobby Rush (Dem., IL)) have been assigned for consideration to the following seven House committees, whose membership is listed in the hyperlinked websites:

Agriculture, whose members include Collin Peterson (the Ranking-Member), a co-author of the Rangel bill; Tom Emmer (Rep., MN); and Rodney Davis (Rep., IL), who earlier this month spoke in favor of ending the embargo at the launch of the U.S. Agricultural Coalition for Cuba.
Energy and Commerce, whose members include Bobby Rush (Dem., IL), the author of one of the bills to end the embargo, and Peter Welch (Dem., VT), who just visited Cuba with the group led by Senator Patrick Leahy (Dem., VT).
Financial Services, whose members include Representative Keith Ellison, a co-author of the Rangel bill to end the embargo (Dem., MN);
Foreign Affairs, whose members include Tom Emmer (Rep., MN) and Ileana Ros-Leltinen (Rep., FL), a vocal Cuban-American opponent of reconciliation;
Judiciary;
Oversight and Government Reform, one of whose members is the previously mentioned Peter Welch (Dem., VT); and
Ways and Means, whose members include Erik Paulson (Rep., MN) and the previously mentioned Peter Welch.

Those interested In repealing the embargo should examine the lists of the committees’ members and deciding whether and how to contact them to urge support for the Rangel bill (H.R. 403).

Minnesota Representatives and Senators’ Positions on the Embargo

One of the co-sponsors of H.R. 403, Congressman Keith Ellison, is on the Financial Services Committee, which has jurisdiction over some of the issues raised by H.R. 403. As co-chair of the House Progressive Caucus, on December 17^th (the day of the announcement of normalization between the two countries) Ellison released a statement congratulating President Obama for the normalization of our relations with Cuba. It stated, “Congress must lift the trade embargo and normalize travel between our two nations, which are only 90 miles apart.” He repeated those sentiments on January 11^th at Minneapolis’ Westminster Presbyterian Church’s celebratory concert with Cuban-American jazz pianist, Nachito Herrera.

Also on December 17^th Representative Rick Nolan, another co-sponsor of H.R. 403, issued a statement lauding “President Obama’s decision to re-establish diplomatic relations with Cuba” and to obtain the release of Alan Gross from a Cuban prison. This was “a monumental step forward for both nations, allowing us to resume exports and trade, create more good paying jobs in the United States and move forward in our relationships with the entire Western Hemisphere.” This was “especially good news for farmers in Minnesota and around the nation, as well as for our manufacturing and high technology industries that will soon enjoy access to new markets in a nation that hungers for U.S. products and services.”

More recently the other Minnesota co-sponsor of the bill, Representative Collin Peterson, said the current restrictions against U.S. trade with Cuba “don’t do anything but give business to our competitors.” However, he added, “The question is what are the Republicans [in the House and Senate] going to allow to happen. They could well bottle these bills up.” Peterson, as mentioned, is the Ranking-Member on the Agriculture Committee, which has jurisdiction over some of the issues raised by H.R. 403.

Another Minnesota Democratic Representative, Betty McCollum, also is supportive of ending the embargo. On December 17th, she congratulated President Obama “for his efforts to normalize diplomatic relations with Cuba and to begin easing the trade restrictions between our countries. . . .[and] for his efforts to secure the release of USAID worker Alan Gross from prison in Cuba.” She added, “I will continue to work to end the trade embargo between our two countries as I have done since I came to Congress in 2001. Ending the embargo and normalizing trade relations is good for Minnesota businesses and good for the people of Cuba.”

The other Minnesota Democratic Congressman, Tim Walz, has nothing about Cuba on his website, but in a December 18^th interview by a Mankato, Minnesota television station he said he was cautiously optimistic about the White House’s changing policy toward Cuba. He said expanding trade is a good idea, but the U.S. needs to be cautious. “I think there needs to be accountability for what this regime has done,” he said, “and I’m glad this is Congress’ role to be involved, of looking at how this evolves, but I do think it’s an important step. As I’ve said, the status quo has been that way since before I was born, and it’s time to re–look at how we do business.”

Minnesota’s three Republican Congressmen—Erik Paulsen, John Kline and Tom Emmer—do not have any statements about Cuba on their websites

Congressman Erik Paulsen is a member of the Ways and Means Committee, which has jurisdiction over some of the issues raised by H.R. 403. In addition, on October 8, 2009, as a guest blogger on a Heritage Foundation website Paulsen made comments that could reflect his attitude on ending the embargo. He said, “There is another approach to stimulating the economy – a proven method to increase prosperity, grow our economy and create jobs: expansion of free trade. . . . We must make international markets more available to our exporters to help them grow. . . . In my own district, there are countless businesses, small and large, that benefit from free trade. . . . Unfortunately, there are consumers and markets across the globe that still cannot be accessed by American sellers because of high tariffs, quotas and other barriers to international trade. It’s time to knock down those barriers. . . . I have long advocated for increased trade and strong global relationships between the U.S. and nations abroad. I’ve visited India, China and several nations in Africa and the Middle East. In every country, free trade is essential for their own growth and prosperity, as well as the growth and vitality of the United States.”

I have not found anything by or about Congressman John Kline indicating his views on U.S. relations with Cuba, in general, or on ending the embargo, in particular. I especially solicit comments by anyone with more knowledge about his positions on these issues.

Minnesota’s newest Congressman and now in his very first Session, Tom Emmer, as mentioned is on the House Foreign Affairs and Agriculture Committees, each of which has jurisdiction over issues raised by H.R. 403. Moreover, his new website‘s page on “Foreign Affairs” states, “Regions such as Latin America, Africa and Asia present us with emerging opportunities to increase trade and diplomatic relations.” Maybe this is a hopeful sign for his favoring ending the embargo. Emmer also is on the Agriculture Committee, which has jurisdiction over some of the issues raised by H.R. 403.

Minnesota’s Senators

One of Minnesota’s Senators, Amy Klobuchar, favors ending the embargo and is willing to offer a bill to do just that, but wants to wait until after the Senate confirms the President’s future nomination of an ambassador to Cuba. She said, “Sometimes the best defense is a good offense. And part of that is legislation to remove the embargo. Some of this can be done by tying it to changes we want [Cuba] to make on human rights and other things. The timing is the question. We want this to be bipartisan.” In addition, as mentioned in a prior post, she was a speaker in favor of ending the embargo at the January 8^th launch of the United States Agricultural Coalition for Cuba.

A prior post about Cuba’s perspective on this week’s diplomatic meetings in Havana suggests that there will not be a formal re-establishment of diplomatic relations, including appointments of ambassadors, until after the U.S. repeals its embargo of the island. Therefore, Senator Klobuchar may have to abandon her strategy of postponing Senate consideration of the embargo until after the Senate confirms the nomination of an ambassador to Cuba.

Our other Senator, Democrat Al Franken, does not have anything about Cuba on his website, but he has supported legislation calling for the normalizing of relationships with Cuba and is a co-sponsor of the Freedom to Travel to Cuba Act.

Conclusion

Robert Muse, a Washington, D.C. international trade lawyer with substantial experience in U.S. laws relating to Cuba, recently told Minnesota’s StarTribune that “a majority of members of Congress do not support the embargo, but will not do so publicly until Cuban-American legislators come out against the embargo.” Nevertheless, he opined, “There is zero possibility of the embargo being lifted [in 2015].”[3]

This, however, is only one opinion albeit from someone with extensive experience of dealing with Congress on Cuba issues. It merely accentuates the need for citizens to increase their advocacy of ending the embargo.

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[1] To determine whether any other bills to end the embargo have been introduced in this Session of Congress, just go to the THOMAS legislative service provided by the Library of Congress [http://thomas.loc.gov/home/thomas.php] and enter “Cuba” in the search box; that will retrieve all introduced bills that mention “Cuba.”

[2] H.R. 403 has 14 other co-sponsors from California, New York, Colorado, District of Columbia, Georgia, Illinois, Michigan, Mississippi, Missouri, Pennsylvania, Tennessee and Texas.

[3] Before the announcement of normalization, Muse wrote an article about the various actions the president could take regarding Cuba without prior congressional authorization.