Upcoming Cuba Issues for Trump Administration

On April 13-14, President Donald Trump will attend the Summit of the Americas in Lima, Peru, and on April 19 Cuba’s national legislature will elect a new President of the Council of State to succeed Raúl Castro. Both of these events will require Trump to comment on U.S. policies regarding Cuba, and already U.S. forces are proposing responses.

 Summit of the Americas

Because of U.S. opposition, Cuba was not included in the first six such summits, 1994-2012, but in October 2014, the major countries of Latin America let it be known that Cuba no longer could be excluded from the next summit in April 2015. Therefore, when President Obama on December 17, 2014, announced that the U.S. and Cuba had agreed to commence a process of normalization, the U.S. abandoned its opposition to the inclusion of Cuba in such Summits. As a result, in April 2015 Cuba was included in the seventh such summit in Panama and Presidents Obama and Raúl Castro held a cordial meeting on that occasion.[1]

This year will be the eighth such summit, which are institutionalized gatherings of the heads of state and government of the Western Hemisphere where leaders discuss common policy issues, affirm shared values and commit to concerted actions at the national and regional level to address continuing and new challenges faced in the Americas. This year’s theme is Democratic Governance Against Corruption.[2]

On March 9, the White House announced that President Trump will attend the eighth Summit, where he likely will be met by hostile reactions to his Cuba policies as well as his anti-immigrant statements, proposal to build a wall on the Mexican border and tariff and other anti-free trade proposals and rhetoric.[3]

According to Ben Raderstorf, a program associate in the Inter-American Dialogue’s Peter D. Bell Rule of Law program, President Trump “comes to the summit meeting with considerable baggage, making the risks far greater. His participation may even end up being counterproductive to the meeting’s primary aims of furthering human rights, democracy and inter-American diplomacy.” Therefore, he and his administration need “to understand that America’s credibility in Latin America is extraordinarily low. [Mr. Trump’s] rhetoric about ‘drugs,’ ‘rapists’ and ‘the wall” ‘has clearly resonated south of the border.” As a result, only “16 percent of Latin Americans approve of Mr. Trump’s job performance — a rate even lower than his approval rating among Latinos in the United States.”[4]

Mr. Raderstorf concludes by recommending that Trump “follow three simple guidelines: Listen first. Talk softly. And do your homework.” Will Trump be able to do that? We may be doubtful, but let us wait and find out.

This analysis is confirmed by other countries in the Western Hemisphere having begun “forging closer commercial ties with one another and paring back some of their own protectionist policies” and creating “a free trade area reaching from Canada to Chile.” At the same time these governments “are increasingly looking to Asia, and China in particular, to expand trade, obtain loans and finance infrastructure projects” while “Mercosur — the trade bloc that includes Brazil, Argentina, Uruguay and Paraguay — have jump-started trade negotiations with the European Union.”[5]

Election of New President of Cuba

On March 11, over 8 million Cubans voted to elect 605 deputies for their national legislature (National Assembly of Peoples Power), and on April 19 those deputies will elected the country’s next President of the Council of State to succeed Raúl Castro. The widely assumed choice for this office is Miguel Diaz-Canel, who is now the First Vice President of Cuba.[6]

On March 9, Senator Marco Rubio (Rep., FL) and five Florida Republican U.S. Representatives (Ron DeSantis, Carlos Curbelo, Mario Diaz-Balart, Ileana Ros-Lehtinen and Ted Yoho) sent a letter to President Trump urging him to “denounce Castro’s successor as illegitimate in the absence of free, fair, and multiparty elections, and call upon the international community to support the right of the Cuban people to decide their future.”[7]

The letter added, this upcoming election is “a predetermined, charade election orchestrated by regime officials will continue the dictatorship” and “yet another example of the regime’s dictatorial repression of fundamental freedoms which must not be recognized by those who value freedom and democracy.”

The U.S. response to this request by Senator Rubio and others may have been signaled by the comments of the U.S. representative last week at the U.N. Human Rights Council in Geneva Switzerland that were quoted in a prior post: “We condemn the undemocratic electoral process in which the Cuban people cannot freely choose their future leaders.”


Any U.S. criticism of the Cuban process for electing its president of the Council of State seems particularly inappropriate. As we well know from the 2016 U.S. presidential election, U.S. citizens do not directly elect the U.S. president; instead they elect individuals to be members of the Electoral College who then elect the president. The 2016 election also is now under investigation for illegal interference by Russia, and the U.S. system is under constant legal challenge for the gerrymandering of congressional districts and for state laws that are designed to suppress voting instead of their purported purpose of preventing fraudulent voting.


[1] See the following posts to dwkcommentaries.com: Continued Bad News About U.S. Policies Regarding Cuba (Oct. 9, 2014); Comment: U.S. Now Willing To Accept Cuba at Summit of the Americas? (Oct. 9, 2014); U.S. Clarifies Positions on Cuba and Venezuela in Preparation for Summit of the Americas (April 8, 2015); Seventh Summit of the Americas Is Underway in Panama (April 9, 2015); President Obama’s Major Speech at the Summit of the Americas (April 16, 2015); Cuban President Raúl Castro’s Major Speech at the Summit of the Americas (April 17, 2015); Presidents Obama and Castro’s Meeting at the Summit of the Americas (April 18, 2015); Other Remarks by President Obama at the Seventh Summit of the Americas (April 19, 2015).

[2] OAS, Summits of the Americas.

[3] Assoc. Press, Trump to Attend Summit of the Americas Meeting in Peru, N.Y. Times (Mar. 9, 2018).

[4] Raderstorf, Can Trump Succeed at the Summit of the Americas?, N.Y. Times (Mar. 16, 2018).

[5] Londoño, Darlington & Politi, ‘World Upside Down’: As Trump Pushes Tariffs, Latin America Links Up, N.Y. Times (Mar. 18, 2018).

[6] Reinaldo, Rubio & Perez, Elections in Cuba: Elected 605 deputies to the National Assembly (+Infographics and Video), CubaDebate (Mar. 12, 2018); Cuba’s Elections, 2017-2018, dwkcommentaries.com (Nov. 29, 2017); Another Perspective on Cuba’s Current Elections, dwkcommentaries.com (Dec. 5, 2017).

[7] Press Release, Rubio, DeSantis Urge President Trump to Denounce Castro Successor (Mar. 9, 2018).



Congressional Proposal for Extradition of U.S. Fugitives in Cuba 

On December 13 U.S. Representative Peter King (Rep., NY) and eight cosponsors filed a proposed House resolution calling for the extradition of U.S. citizens in Cuba who are fugitives from the U.S. That proposal will be summarized and analyzed below.

Contents of the Proposed Resolution[1]

The preamble of the proposed resolution, which was referred to the House Committee on Foreign Affairs, recited that  “more than 70 fugitives from the United States, charged with offenses ranging from hijacking to kidnapping to drug offenses to murder, are believed to be receiving safe harbor in Cuba,” including William Morales and Joanne Chesimard. It also mentioned that the U.S. and Cuba have a bilateral extradition treaty from 1905 and 1926 and that “it is imperative that Cuba abide by its extradition treaty with the United States and immediately extradite or render to the United States those legally indicted or convicted of serious criminal offenses in the United States.”

Therefore, the proposed resolution called for the following:

  • “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;”
  • the U.S. urging “the international community to continue to press for the immediate extradition or rendering of all fugitives from justice that are receiving safe harbor in Cuba;” and
  • “the Secretary of State and the Attorney General to continue to press for the immediate extradition or rendering of all fugitives from United States justice so that they may be tried and, if convicted, serve out their sentences.”

Analysis of the Proposed Resolution

The resolution may make for good publicity for these representatives, but it is a waste of time because the terms of the U.S.-Cuba extradition treaty bar such extraditions, because the U.S. repeatedly has called for Cuba to make these extraditions and because Cuba repeatedly has denied such requests under the very terms of the extradition treaties recited in this resolution.

  1. The Legalities of Extradition[2]

First, extradition is the legal process “by which one country (the requesting country) may seek from another country (the requested country) the surrender of a person who is wanted for prosecution, or to serve a sentence following conviction, for a criminal offense.

In the U.S., international extradition is treaty-based, meaning that the U.S. must have an extradition treaty with the requested country in order for the latter to consider the request for extradition. U.S. extradition practice is based almost entirely on individually negotiated bilateral treaties, which the U.S. brings into force following Senate advice and consent to ratification. The U.S. is currently a party to 109 such treaties. While most of these treaties currently in force have been negotiated in the last 30-40 years, many of the treaties still in force are quite old, in some cases dating back to the 19th Century.

For many reasons, however, not every request for extradition results in a fugitive being delivered to the requesting country. Sometimes the requesting state doesn’t know where a fugitive is located and makes multiple contingency requests for provisional arrest and extradition. In other cases, fugitives learn they are being sought and flee or go into hiding. Even following a fugitive’s arrest, court proceedings and appeals can last a very long time and can be delayed by fugitives’ exercising all possible rights to challenge extradition.

In addition, most such treaties provide specific bases on which extraditions can be delayed or denied. The obligation to extradite under a bilateral extradition treaty is not absolute and protections are included in the treaty to accommodate both U.S. and foreign interests. While the exact terms of such treaties result from country-specific negotiations and thus vary somewhat among the treaties, there are the following typical types of qualifications on the obligation to extradite:

  • An almost universal treaty exception, known in international extradition law as the “non bis in idem” doctrine, is similar to the double jeopardy doctrine under U.S. domestic law. It provides that extradition will be denied when the person has already been either acquitted or convicted for the same offense in the country from which extradition is requested, or, in some instances, in a third country.
  • A similarly widely adopted exception is where the crime at issue is a “political offense” (a term which can cover treason, sedition or other crime against the state without the elements of any ordinary crime, or which under U.S. law can cover ordinary crimes committed incidental to or in furtherance of a violent political uprising such as a war, revolution or rebellion, especially when such crimes do not target civilian victims) or a “military offense” (a crime subject to military law that is not criminalized under normal penal law).
  • U.S. treaties also typically provide that extradition may be denied if the request is found to be politically motivated. Some of our treaties provide that extradition may be denied if the request was made for the primary purpose of prosecuting or punishing the person sought on account of race, religion, nationality or political opinion.
  • Perhaps the highest profile exceptions to the obligation to extradite are bars or limitations in some countries on the extradition of their own nationals.   The U.S., however, makes no distinction between extraditing its own nationals and those of other countries and advocates that all countries adopt the U.S. policy due to the ease of flight and the increasingly transnational nature of crime.
  • Some U.S. treaties provide that if the offense for which surrender is sought is punishable by death under the laws in the country requesting extradition but not in the country holding the fugitive, extradition may be refused unless the requesting country provides assurances that the death penalty will not be imposed or, if imposed, will not be carried out. Sometimes these provisions are included in the treaty at the insistence of our treaty partner, because many countries in Europe and elsewhere oppose the death penalty. Sometimes the U.S. insists on such provisions in order to retain sufficient flexibility to ensure that the U.S. is not obliged to surrender persons for execution for relatively less serious crimes.

Older U.S. treaties that were negotiated before the late 1970’s contained a list of offenses that would be covered. In newer U.S. treaties, however, this list approach has been replaced by the concept of “dual criminality,” usually providing that offenses covered by the treaty include all those made punishable under the laws of both parties by imprisonment or other form of detention for more than one year, or by a more severe penalty (such as capital punishment). Such a formulation obviates the need to renegotiate the treaty to provide coverage for new offenses, strikingly exemplified by the currently evolving area of cyber-crime. Indeed, to avoid having the dual criminality analysis applied too narrowly, most treaties provide further guidance, including that an offense is extraditable whether or not the laws in the two countries place the offense within the same category or describe it by the same terminology. A major goal in the U.S. current ambitious treaty-negotiating program is to negotiate new, modern treaties that eliminate the “list” approach in favor of dual criminality treaties.

U.S.-Cuba Extradition Treaties[3]

The issues posed by the new proposed House resolution are governed by the “Treaty between the United States and Cuba for the mutual extradition of fugitives from justice,” which entered into force on March 2, 1905. Under this treaty, as amended, each country shall grant extradition of persons covered by Article I for crimes covered by Article II, as amended and expanded by Articles I and II of the Additional Extradition Treaty between the parties, which entered into force on June 18, 1926 (44 Stat. 2392; TS 737).

The persons covered by Article I are “persons who, having been charged as principals, accomplices or accessories with or convicted of any crimes or offenses specified in the following article, and committed within the jurisdiction of one of the high contracting parties, shall seek an asylum or be found within the territories of the other: Provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offense had been there committed.”   However, under Article V of the treaty, “Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of this Treaty.”

The long list of crimes covered by Article II, as amended, includes the following: (1) “Murder, comprehending the offenses expressed in the Penal Code of Cuba as assassination, parricide, infanticide and poisoning; manslaughter, when voluntary; the attempt to commit any of these crimes.” (2) “Arson.” and (3) “Robbery, defined to be the act of feloniously and forcibly taking from the person of another money, goods, documents, or other property, by violence or putting him in fear; burglary; housebreaking and shopbreaking.”

Under Article VI of the original treaty, however, the requested country is not obligated to extradite someone when the offense is of “a political character.” The exact language of this provision states, “A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if it is proved that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character.” (Emphasis added.)

The only limitation on this exception is in Article VI itself, which states, “An attempt against the life of the head of a foreign government or against that of any member of his family when such attempt comprises the act either of murder, assassination, or poisoning, shall not be considered a political offense or an act connected with such an offense.” (Emphasis added.)

Moreover, Article VI states, “If any question shall arise as to whether a case comes within the provisions of this article [VI], the decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition shall be final. (emphasis added.) [3]

To have a better understanding of this treaty, it would be useful to see all documents regarding (a) the negotiation of the treaty in 1904-1905 and its amendment in 1926; and  (c) previous U.S. and Cuban requests for extradition.

U.S. Fugitives In Cuba

According to U.S. Department of State annual reports purportedly justifying the previous designations of Cuba as a “State Sponsor of Terrorism,” there have been or still are over 70 individuals living in Cuba who are fugitives from criminal charges in U.S. relating to violent acts in the 1970’s purportedly committed to advance political causes. Pursuant to a 2005 Cuban government statement, however, these U.S. reports also say no additional U.S. fugitives have been permitted on the island and in a few instances Cuba has extradited such fugitives to the U.S.

However, a U.S. newspaper recently asserted, “The U.S. has no idea how many fugitives Cuba’s harboring,” And on January 23, 2015, U.S. Senator Marco Rubio (Rep., FL) and two other Republican Senators (David Vitter (LA) and Ted Cruz (TX)) asked the F.B.I. to submit a complete list of such fugitives with copies of their U.S. indictments, but a FBI response to this request has not been located.

In any event, one of the most notable U.S. fugitives still on the island is JoAnne Chesimard (a/k/a Assata Shakur), a political radical and former member of the Black Panther Party and the militant Black Liberation Army, who in 1979 broke out of a New Jersey state prison where she was serving a life sentence for assault, armed robbery and aiding and abetting the murder of a New Jersey state trooper. After hiding in the New York area, she fled to Cuba in 1984, where she was granted political asylum that same year and has lived ever since. According to her U.S. attorney, she “has maintained from the time she was arrested that she was a victim of a counter intelligence program by the FBI and that she was stopped on the New Jersey turnpike as result of her being targeted by FBI.” In May 2013 the FBI added her name to its “Most Wanted” list.

Cuba, however, before the December 2014 rapprochement had rejected U.S. requests for her extradition on the ground that Cuba had determined she was being sought on “political” grounds and, therefore, had decided to grant her asylum. In addition, there are also some indications that Chesimard/Shakur has been granted Cuban citizenship, which would provide Cuba with another reason under the treaty to deny a U.S. request for her extradition. It would be useful to know the details of all prior U.S. requests for her extradition.

After the announcement of  rapprochement, the two countries have discussed various extradition issues, including at least some of the U.S. nationals in Cuba who are mentioned in the new proposed resolution in the House of Representatives, including Chesimard/Shakur.[4]

However, after a bilateral negotiation session in Washington, D.C. in February 2015 Josefina Vidal, Cuba’s lead diplomat for these negotiations, said the issue of extraditing people between Cuba and the U.S. had been discussed many times in the past and that the two countries had signed a treaty on the topic in 1906 which has a clause such that it would not apply in cases involving political activities. “Therefore, Cuba has legitimately given political asylum to a small group of U.S. citizens, because we have reason to believe that they deserve this and that is how far we’ve gone. And when one grants political asylum, then you cannot get into these types of discussions.” She added that after the Cuban Revolution of 1959 the U.S. had not honored the treaty when Cuba asked the U.S. to extradite “members of the Cuban dictatorship who were responsible for terrible crimes.”

In June 2016, the two countries held another negotiating session in Havana focused on counterterrorism cooperation Afterwards the State Department merely stated that the U.S. “continues to seek the return by Cuba of fugitives from US justice” and that the Department “brings out the cases of fugitives to the Cuban Government to be settled and will continue to do so at every appropriate opportunity.”


As a result, the new proposed Resolution does not deserve to be adopted, and if adopted, it will not have any practical effect.


[1]  H.Res. 664, Calling for the immediate extradition or rendering to the United States of convicted felons William Morales, Joanne Chesimard, 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 (115th Cong. (Dec. 13, 2017). The co-sponsors are Representatives Leonard Lance (Rep., NJ), Bill Pascrell (Dem., NJ), Frank LoBiondo (Rep., NJ), Ron De Santis (Rep., FL), Albio Sires (Dem., NJ), Ileana Ros-Lehtinen (Rep., FL), Mario Diaz-Balart (Rep., FL) and Carlos Curbelo (Rep., FL).

[2] Extradition Has Become a Hot Topic for the United States, dwkcommentaries.com (July 26, 2016).

[3]  Issues Regarding Cuba and U.S. Extradition of the Other’s Fugitives, dwkcommentaries.com (Feb. 24, 2015).

[4] Criticism of U.S.-Cuba Law Enforcement Agreement, dwkcommentaries.com (Jan. 21, 2017).


Reactions to New U.S. Regulations About U.S. Travel to Cuba and Transactions with Cuban Entities  

On November 8, the Trump Administration announced new regulations regarding U.S. citizens traveling to Cuba and Americans transactions with certain Cuban entities, all as discussed in yesterday’s blog post. Here are initial reactions to that announcement in the U.S. and in Cuba.

 U.S. Reactions[1]

Engage Cuba, a major coalition supporting U,S,-Cuba normalization, released a lengthy statement criticizing the new regulations. It said they “create a more convoluted, confusing and counterproductive approach to Cuba policy. This ‘Keystone Cops’ Cuba policy hurts those it claims to help and helps those it claims to hurt.” In addition, this action has “fumbled our Cuba policy right into the hands of Vladimir Putin. While the Cuban people and U.S. businesses lose out, reverting back to our policy of isolation is a gift to the Kremlin. Russia is quickly expanding its foothold in Cuba, looking to regain its once diminished sphere of influence in our backyard. Abandoning Cuba and allowing Russia to fill a leadership vacuum is undoubtedly a threat to our national security.

Moreover, according to Engage Cuba, “These new regulations are a kick in the gut to Cuban entrepreneurs who are struggling to support their families. Americans are significantly contributing to the growth of Cuba’s private sector. Today’s announcement will only make it harder for Americans to travel to Cuba and support the growing private sector.”

Senator Patrick Leahy (Dem., VT), a leading advocate for normalization, said the new regulations “are reminiscent of the Cold War and what one would expect of a paranoid totalitarian government, not a democracy like ours. [They are] onerous and petty restrictions on what private American citizens can do in Cuba — an impoverished neighbor that poses not the slightest threat to the United States. Far from promoting human rights in Cuba, these new regulations will hurt fledgling entrepreneurs and the rest of the Cuban people by discouraging Americans from traveling there.”

Senator Diane Feinstein (Dem., CA) tweeted that “isolating the Cuban people did not serve US interests before and certainly will not now.”

Representative Mark Sanford (Rep., SC), who is the author of a pending bill for freedom to travel to Cuba, said the new regulations were “outdated and an unfair limitation of American freedom.”

Senator Marco Rubio (Rep., FL), a major force for harsh U.S. measures about Cuba, had a luke-warm reaction to the new U.S. regulations. He criticized the State Department for failure to include on the Cuba Restricted List “several entities and sub-entities that are controlled by or act on behalf of the Cuban military, intelligence or security services They Gran Caribe Hotel Group and Cubanacan,” which are owned by the tourism ministry, not the military.

Rubio asserted that “individuals within the bureaucracy who support the former administration’s Cuba policy continue to undermine President Trump.” Similar views were expressed by Representatives Mario Diaz-Balart (Rep., FL) and Ileana Ros-Lehtinen (Rep., FL)

Cuba Reactions[2]

Josefina Vidal, Cuba’s top diplomat in the 2015-16 bilateral negotiations, said the new rules were a “serious reversal” in ties between the two countries. She believed the new regulations were unjustified and a great political nuance. They adversely will affect U.S. businessmen, who will lose interesting business opportunities existing on the island today, as opposed to their competition. At the same time, they will harm the Cuban economy, both the state and the private sector.

The U.S. category travel for ‘Support for the Cuban People,’ she said,’ does not “hide its subversive background, such as the one that encourages travelers to carry out activities to justify the U.S. legality of their visits to Cuba. These activities include maintaining contacts with the Cuban people, supporting what the U.S. defines as civil society and promoting their independence from the Cuban State.” She also said the U.S.’ Cuba Restricted List is an “arbitrary list that is made up of “a diversity of Cuban entities supposedly linked, in an unfounded manner, to the defense and national security sector.”


 This blogger sides with the critics of the new regulations.


[1] Engage Cuba Statement on New Cuba Sanctions (Nov. 8, 2017); Leahy, BREAKING: Leahy REAX To New Treasury Dept. Regs. Restricting Travel & Transactions By American Citizens In Cuba (Nov. 8, 2017); Rubio Statement on New Regulations to Implement the President’s Policy to Empower the Cuban People (Nov. 8, 2017); Rubio: ‘Bureaucrats’ to blame for softening Trump Cuba policy,’ Miami Herald (Nov. 8, 2017); Diaz-Balart: Regulations Are First Step Towards Implementing POTUS’ Cuba Policy (Nov. 8, 2017); Ros-Lehtinen Responds To Announcement of New Cuba Regulations (Nov. 8, 2017).

[2] Assoc. Press, The Latest: Cuba Says New Trump Rules Mark Reversal for Ties, N.Y. Times (Nov. 8, 2017); Gomez, Washington deepens retreat of relations with Cuba (+ Video), Granma (Nov. 9, 2017); Measures restrict rights of the Americans and will damage the Cuban economy: Josefina Vida (+ Video), CubaDebate (Nov. 8, 2017).


Additional Reactions to End of U.S. Immigration Benefits for Cubans

There have been extensive White House comments as well as others’ reactions to the January 12 end of special U.S. immigration benefits for Cubans–“dry foot/wet foot” and the Cuban Medical Professional Parole Program—that was discussed in a prior post. Now we look at additional White House comments and the extensive reactions—positive and negative—regarding this change.

White House Comments[1]

There were two additional sets of White House comments about the change. On the early evening of January 12 and hours after the announcement of the change, Department of Homeland Security (DHS) Secretary Jeh Johnson, an unidentified senior DHS official and Benjamin Rhodes, Deputy National Security Advisor, conducted a lengthy conference call with the press on the subject. At the next day’s press briefing White House Press Secretary Josh Earnest made comments on the subject. Here is a summary of new points that were made at these events.

Press Conference Call

Johnson: “Going forward, if a Cuban migrants arrives here illegally, the Cuban government has agreed to accept that person back . . . if . . . the time [between] a Cuban migrant leaves Cuba . . . and the time that we commence a deportation proceeding against the individual is less than four years.”

The “reason for the four-year period is . . . a law in Cuba (enacted in response to the [U.S.] Cuban Adjustment Act) that essentially says that if a person has left Cuba, after two years they are considered to have effectively migrated from Cuba.  In the course of our negotiations, the Cuban government agreed [to change that period from two to four years].” In addition, Cuba has agreed to accept other Cubans “on a case-by-case basis.”

“Ultimately, we seek to get to a place fully consistent with the international law under which the Cubans will agree to accept everyone back who is ordered deported by our country.”

“This is the ending of a policy that was put in place 20 years ago.  This is not the enactment of a policy that can be repealed by a subsequent administration. So I wouldn’t characterize it as creating a policy that could be repealed [by the Trump administration].”

Rhodes: “What we’ve seen in recent years is a continued uptick in Cuban migrants coming to the [U.S.].  We attribute that to a variety of factors — one, that Cuba has liberalized its own exit policies with respect to Cubans leaving the country; two, the change in our policy — the normalization of relations that began on December 17, 2014 — I think created an expectation in Cuba that this change might take place and therefore people were motivated to migrate.  Also, though, the increase in resources available to the Cuban people, particularly through our remittance policies, also made it more possible for Cubans to travel.”

“There has been a steady increase to some 40,000 Cubans granted parole in fiscal year 2015; 54,000 roughly in fiscal year 2016.  And what we had also seen is a growing number of Cubans who had begun a journey to try to reach the United States who were in a variety of Central American countries . . . creating both humanitarian challenges and strains within those countries as large numbers of Cubans were essentially stuck there and then facing a very difficult and dangerous — journey to our southern border in some cases.”

“Ultimately . . . we’d like to see people be able to increase their economic prospects within Cuba.  That is why we have taken steps to open up a greater commercial and people-to-people relationship, and have encouraged the Cuban government to pursue economic reforms.  That, ultimately, is the best way to ensure opportunity for the Cuban people going forward.”

“The Cuban Adjustment Act is the legislative architecture around these policies.  That provides preferences including adjusted status, green card status, and certain benefits to Cubans who are paroled into the country. . . . We do believe it would be the appropriate step for Congress to repeal the Cuban Adjustment Act.”

“We did not want to speculate publicly about the likelihood of this change for fear of inviting even greater migration flows.”

“On the congressional point, while we did not have regular updates on what were very sensitive negotiations, we have over the course of the last year or so, frankly, heard from members of Congress, from both parties, who were expressing increasing concern about the migration flows.  In fact, in some cases, we were being urged to do something about it.  And we’ve also heard increasing interest and even pieces of legislation being introduced that seek to amend or repeal the Cuban Adjustment Act, whether it’s the benefits provided under the Cuban Adjustment Act or the act itself.  So this is an issue that we’ve discussed with members of Congress from both parties, and around this announcement of course we’re doing many notifications to those interested members. . . . It was clear to us that Congress was taking a greater interest in this issue, given the uptick in migration flows and the strain that was placing on certain communities.”

“[E]arly in the post-revolution history, it was very clear that the overwhelming number of Cubans who came to the [U.S.] and ended up doing incredible things here in the [U.S.] absolutely had to leave for political purposes, or very much were leaving for political purposes.  I think increasingly over time, the balance has tilted towards people leaving for more traditional reasons in terms of seeking economic opportunity and, frankly, having not just the benefits of “wet foot, dry foot” and the adjusted status, but also literal benefits under the Cuban Adjustment Act.  That’s not to say that they’re not still people who have political cause to leave Cuba.  And as we do with any other country, political asylum continues to be an option for those individuals.  But we have seen the balance shift to more similar reasons in terms of people pursuing economic opportunity.”

“[U]ltimately the best future for Cuba is one that is determined by the Cuban people, both in terms of their economic livelihoods and in terms of their political future. . . . [It is] important that Cuba continue to have a young, dynamic population that are clearly serving as agents of change and becoming entrepreneurs, and being more connected to the rest of the world. . . . [We] believe that this change is in service of creating more incentive for there to be the economic reforms that need to be pursued on the island in terms of opening up more space for the private sector, allowing foreign firms to hire Cubans, so that they can be responsive to the economic aspirations of their people. So in the long run, the best way for Cubans to have this opportunity is for them to be able to pursue it at home through an economy that has continued to pursue market-based reforms.”

We “believe very strongly, in this administration, of course, that our Cuba opening is the best way to incentivize that economic reform; that as more Americans travel, as more Americans do business, as there are greater commercial ties, that ultimately is going to create more opportunity for people in Cuba, as well as creating opportunities for Americans.  And so that’s very much the approach we’d like to see continued going forward, and ultimately the one that has the best opportunity to deliver results to the Cuban people.”

The “Cubans will be treated like everybody else.  People from anywhere can issue a claim of asylum; that does happen frequently. There’s not going to be a separate queue for Cubans.  So just like any other migrant who reaches our border, they have certain claims that they can pursue, but they’ll be treated as other individuals from other countries are.”

Press Briefing

At the January 13 press briefing, White House Press Secretary Josh Earnest made the following extensive comments about the change:

“This policy change was codified in an executive agreement between the U.S. government and the government in Cuba.  As even some of the incoming administration’s nominees have noted, there’s a tradition of subsequent Presidents observing and adhering to the executive agreements that were put in place by the previous President unless, of course, a specific decision is made to change the policy.”

“President-elect Trump . . . on January 20th . . . [will] be able to exercise all of the executive authority that are invested in the presidency at his discretion.  We believe that there is a strong case to be made about normalizing relations between our two countries, and this is just the latest step in that process to ensure that we are treating Cuban migrants the same way that we treat migrants from other countries.”

The “response to this announcement . . . is indicative of how public opinion is changing on these issues, including in the Cuban-American community.” There is “a growing majority of Americans who agree about the direction that the President [Obaama] has moved the relationship between the [U.S.] and Cuba.”

“[T]he migrants from Cuba will be treated in the same way that migrants from other countries are, which is to say legitimate claims for refugee status or for asylum will be subject to due process, which means that their claims will be evaluated.  And if they have legitimate claims for asylum, then that will be granted. But that will be adjudicated through the regular process . . . that migrants from other countries go through as well.”

“There was . . . a successful effort to brief the incoming administration shortly before this policy change was made public.”

It “takes time to negotiate these kinds of executive agreements, particularly with a country like Cuba that does not have a long history of negotiating these kinds of agreements with the United States.  For more than 50 years, the United States pursued a policy of diplomatic isolation with Cuba.  And so it’s only over the course of the last year or so that we’ve had the kind of diplomatic opening that will allow us to have these kinds of conversations.  So, negotiating these kinds of executive agreements takes time, but as soon as this agreement was completed, we announced it right away.”

Mr. Trump “certainly seems to be motivated by financial interests in some pretty important ways; he has over his professional career.  So I think he’ll find . . . [the economic argument for normalization] persuasive, particularly when you consider that there were reports that his company was negotiating with Cuba for exactly those kinds of agreements.  So he obviously recognizes the economic opportunity that’s there.  There’s more than a hundred flights every day between the [U.S.] and Cuba.  That’s cancelling a lot of flights if he wants to roll back this policy.  And I can’t imagine that the U.S. airline industry is going to be particularly pleased by that kind of development.”

“There are thousands of Americans that have an opportunity to travel to Cuba, and they’ve had an opportunity to enjoy their time there, learn a little bit more about the country, enhance ties between our two countries, and they’ve been able to return to the United States with all of the cigars and rum that they could pack into their suitcase if they choose to.  I don’t think those Americans are going to be particularly pleased to see that policy rolled back.”

For “more than 50 years, there was a policy of diplomatic isolation in place that had no material impact in improving the human rights situation in Cuba.  If anything, it got worse.  This policy has been in place for about a year.  And is there more that we would like to see the Cuban government do with regard to protecting human rights?  We absolutely would.  But our view is that the ability of the United States to advocate for those kinds of improvements is enhanced when we deepen the ties between our two countries.  When there are more Americans that are traveling to Cuba, when there is more communication going back and forth between Cuba and the United States, when there are more Cuban Americans that have an opportunity to visit family and send money to family in Cuba, all that is going to promote freedom.  That’s going to promote our values.”

“There has not been nearly as much an improvement in human rights in Cuba as we would like to see.  But the [normalization] policy has been in place for a little over [two years].”

We also have removed “an impediment to our relationship with countries throughout Latin America that have important relationships with Cuba.  For most of the last 50 years, those countries in Latin America didn’t apply that much pressure to Cuba about their human rights situation, and [instead] were focused on the [U.S.] and our failed policy of trying to isolate them.  Now that that impediment has been removed, it’s not just the [U.S.] that’s encouraging the Cuban government to improve their human rights situation, but you’ve got countries throughout the Western Hemisphere that are making the same argument.  So all we have done is to increase pressure on the Cuban government to improve the human rights situation there, and, at the same time, the American people have enjoyed a number of material benefits, including monetary benefits, that I do think will be persuasive to the incoming President as he determines what policy he believes is best with regard to the [U.S.] and Cuba.”

Positive Reactions[2]

 A New York Times editorial applauded the ending of this policy, which was “misguided for several reasons. It encouraged Cubans to embark on perilous, and often deadly, journeys on rafts across the Florida straits and across borders in South and Central America. It exacerbated Cuba’s brain drain, particularly after 2006 when Washington created a pathway for medical professionals abroad to defect by applying for visas at American embassies. And it unjustifiably gave Cubans preferential treatment while Haitians and Central Americans who were fleeing far more desperate circumstances were deported.”

This policy, says the Times, “has served as an escape valve, giving a way out to tens of thousands of Cubans who were frustrated by the island’s authoritarian government. Young Cubans have grown up regarding immigration to the [U.S.] as an option that has become a core part of the Cuban psyche.”

Now, the Times continues, there probably will be “pent-up dissatisfaction [that may] embolden more Cubans to press for economic changes and political freedoms as the era of rule by Raúl Castro draws to an end [in early 2018]. This would be hard and risky in a police state that stifles dissent by rewarding loyalists, punishing critics and sowing division among groups agitating for change. Eliécer Ávila, a prominent opposition leader, said, ““In the long run, I feel this will be beneficial by putting pressure on us to take responsibility for our homeland. The fundamental problem here is not the laws of other countries but the reality we live with.”

The Times concluded,  “should be clear to . . . [President-elect Trump’s] team that rolling back the recent progress would be foolish.”

A Washington Post editorial reached the same conclusion as the Times while emphasizing that the “dry foot/wet foot” policy “not only induced discontented Cubans to make a dangerous journey, but also relieved pressure on the regime to meet their legitimate demands at home. In recent years, the policy has also led to various scams, such as Medicare fraud perpetrated by Cubans who quickly settled in South Florida and then returned to the island with ill-gotten money.”

The incoming Trump administration was urged by the Washington Post “to treat [Cuban asylum] claims with the generosity they deserve while noting that the U.S. continuing “to set aside 20,000 immigrant visas per year to Cubans [was] an unusually high number properly reflective of Cuba’s unusually repressive system.”

Jon Anderson in the New Yorker points out that the change “should also help curtail a gruesome people-trafficking network that, over the past two years, has bled tens of thousands of Cubans of what little money they have in order to make it to the United States. Many of the migrants have sold their homes to obtain the cash to pay the traffickers who smuggle them through different countries before they reach the United States. One of the networks funnels people through a Mafia-controlled section of Colombia on an arduous and dangerous trek, sometimes lasting as much as three weeks, through the Darién jungle into Panama. Numerous Cubans, as well as other nationalities, have been robbed, raped, and killed along the way. In Mexico, an unavoidable part of any overland journey to the U.S. border from the south, Cubans fall prey to traffickers linked to the violent drug gangs there, at times with corrupt police involvement.”

Representative Albio Sires (Dem., NJ), a Cuban-American, said that “in recent years [some Cubans] used [the dry foot/wet foot policy] to reap economic rewards by sending money back to the island or even going back themselves to visit. While I am sympathetic to the plight of all the Cuban people, this program was designed for those asylees and refugees that were forced to flee. Money sent back to the island has no choice but to pass through the hands of the regime that for years has been using this program to fill their coffers.” He, however, questioned the timing of this change with an incoming president who has made many “hateful and disparaging remarks about refugees, minorities and immigrants.”

Negative Reactions[3]

Cuban-American representatives in Congress registered their typical negative reactions to U.S. normalization with Cuba: Ileana Ros-Lehtinen (Rep., FL); Carlos Curbello (Rep., FL); and Mario Diaz-Balart. Representative Curbello, however, admitted that the old wet-foot/dry-foot policy had been “grossly abused and exploited by many Cuban nationals, while also inadvertently bolstering the Cuban regime. A change to this policy was inevitable. I remain firmly committed to supporting the victims of persecution in Cuba while ending all abuses of America’s generosity.”

 A negative opinion also was registered by Carlos Eire, a Cuban-American who arrived in the early 1960’s as a “Peter Pan” kid and who now is an author and the T.L. Riggs Professor of History and Religious Studies at Yale University.He argues that many Cubans saw the December 17, 2014 announcement of rapprochement . . . [as] new support from the [U.S. that] could prolong the life of the Castro regime indefinitely and allow it to rule despotically; and . . . [as a sign] how Cubans would no longer continue to be viewed by the [U.S.] as an oppressed people.” The January 12 termination of ‘dry foot/wet foot’ “has completed . . . [Obama’s] utter betrayal of the Cuban people — a legacy move set in motion two years ago [and] has burdened Trump with a no-win situation with the potential to seriously tarnish or weaken his presidency right from the start.”

The U.S. Conference of Catholic Bishops on January 12 released a statement from the Chair of its Migration Committee, Bishop Joe Vasquez of Austin, Texas. Expressing disappointment over the “sudden policy change,” he said, “While we have welcomed normalizing relations with Cuba, the violation of basic human rights remains a reality for some Cubans and the Wet Foot/Dry Foot policy helped to afford them a way to seek refuge in the United States.”

The Bishop added, “Cuban Americans have been one of the most successful immigrant groups in U.S. history. The protections afforded them were a model of humane treatment.” This change “will make it more difficult for vulnerable populations in Cuba, such as asylum seekers, children, and trafficking victims, to seek protection. . . . My brother Bishops and I pledge to work with the outgoing and incoming administrations to ensure humane treatment for vulnerable populations, from Cuba and elsewhere, seeking refuge in the United States.”

The Cuban Observatory on Human Rights (OCDH), criticizing the change, said thatmany Cubans do not want or can not live in their own country” and that Cuba has not guaranteed “there will be no reprimand or violations of the human rights of” the Cubans the U.S. returns to the island.

Ramón Saúl Sánchez, leader of the Miami-based Democracy Movement, believes the change “will not stop the Cubans leaving the island, because in Cuba ‘there is a tyranny’ that will create more deaths (of rafters) in the Florida Straits.”

Jose Basulto, founder of Brothers to the Rescue: “Freedom is going to have to be sought now inside Cuba.” It is “sad” that Cubans have always bet on escaping from Cuba rather than fighting for freedom within their country.


This blogger remains persuaded that the “dry foot/wet foot policy is not justified, at least in recent years. Now many, if not most, Cubans wanting to come to the U.S. are motivated by an entirely understandable desire to improve their financial circumstances. That same desire exists in many people from many countries throughout the world. There is no special reason why Cubans should be preferred over all these other people.

As Secretary Johnson, Deputy National Security Advisor Rhodes and Press Secretary Earnest emphasized, if the Cubans are fleeing Cuban persecution for their political opinions, then they may and should submit an application, under U.S. and international law, for political asylum.

The U.S. parole program for Cuban medical personnel is also unjustified. Cuban students receive their medical education without any tuition. As a result, it is only reasonable to require such students, after receiving their medical degrees, to “give back” by serving on a Cuban foreign medical mission for which they are paid more than they would have earned in Cuba. Yes, the Cuban government is paid more for their services on such missions by foreign governments than the medical personnel are paid by the Cuban government, but that also is reasonable and appropriate. The contention that such service is illegal forced labor or semi-slavery is absurd.[4]


[1] White House, On-the-Record Press Call [by Jeh Johnson and Benjamin Rhodes] on Cuba Policy Announcement (Jan. 12, 2017); White House, Press Briefing by Press Secretary Josh Earnest, 1/13/17.

[2] Editorial, Ending a Misguided Cuban Migration Policy, N.Y. Times (Jan. 13, 2017); Editorial, Obama’s latest step on Cuba actually seems necessary and proper, Wash. Post (Jan. 13, 2017); Anderson, Obama’s Last Big Cuba Move, New Yorker (Jan. 13, 2017); Congressman Sires Statement on the Administration’s Decision to End “Wet Foot, Dry Foot” (Jan. 12, 2017).

[3] Ros-Lehtinen Statement on Latest Obama Concession to Castro Regime: Elimination of Wet Foot/Dry Foot and Cuban Medical Professional Parole Program (Jan. 12, 2017); Diaz-Balart, Have You No Shame, President Obama? (Jan. 12, 2017); Curbelo Comments on DHS Announcement Regarding End of Wet-Foot Dry-Foot Policy (Jan. 12, 2917); Eire, Wet foot, dry foot, wrong foot, Wash. Post (Jan. 13, 2017); USCCB Migration Chairman Expresses Disappointment over Abrupt End of “Wet Foot/Dry Foot Policy—Policy Has Long Benefited Cuban Migrants and Refugees (Jan. 12, 2017); OCDH Position on the Elimination of the Policy of “Dry Feet/Wet Feet (Jan. 13, 2017);Reactions: Obama’s policies have been ‘a betrayal of Cubans,’ says Mario Díaz-Balart, Diario de Cuba (Jan. 13, 2017).

[4] See posts listed in the “Cuban Medical Personnel & U.S.” section of List of Posts to dwkcommentaries.com—Topical (CUBA).

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


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

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

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

The Actual Resolution

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

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

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

Cuba’s Presentation of the Resolution

Bruno Rodriguez
Bruno Rodriguez

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Countries’ Statements of Support[3]

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

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

U.S. Abstention[4]

Samantha Power
Samantha Power

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

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

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

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

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

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

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

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

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

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

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

U.S. Reactions[7]

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

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

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

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


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

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

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

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

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

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

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

Cuba’s Possession of U.S. Missile Threatens To Disrupt U.S.-Cuba Normalization

On January 7, 2016, it became publicly known through a Wall Street Journal article that since sometime in 2014 Cuba has had possession of an inert U.S. missile that was erroneously shipped to Cuba from Europe.[1] This post will discuss what is now known about this missile in Cuba and the reactions to this news.

Diversion of U.S. Missile to Cuba

Hellfire missile
Hellfire missile

The object is a dummy U.S. Hellfire missile without any explosives that is a laser-guided, air-to-surface weapon that weighs about 100 pounds and that can be deployed from an attack helicopter or an unmanned drone.

Its manufacturer, Lockheed Martin, in early 2014, with U.S. State Department authorization, shipped the missile from Orlando, Florida to Spain for a NATO training exercise for later return to the U.S. After the completion of the training exercise, it was packaged in Rota, Spain and sent on another freight-forwarder’s truck to Madrid, where it was sent by plane to Frankfurt, Germany. There it was supposed to have been shipped to Lockheed in Florida. Instead for unknown reasons it was shipped from Frankfurt to Paris on an Air France flight, and from Paris to Havana on another Air France flight. Upon its arrival in Cuba, a Cuban official noticed the labeling on the crate and seized it.

Around June 2014 Lockheed, after realizing the missile was missing and likely was in Cuba, notified the U.S. State Department. Thereafter the U.S. has been pressing the Cuban government for information about the missile and for Cuba to return it to the U.S., but Cuba has not responded.

During the summer of 2014, of course, the U.S. and Cuba were engaged in the final steps leading up to the December 17, 2014, announcement that the two countries were embarked upon normalization of relations. Since then, they have been taking various steps toward normalization.

The reason for the shipment to Cuba is unknown. Was it a stupid mistake by a freight forwarder or several of such companies? That I find difficult to believe. That seems to leave it being an intentional criminal or espionage act.

The U.S. is concerned that Cuba has or could give access to the missile to learn about its technology to Russia, China or North Korea. But an article by someone who apparently is technically sophisticated in such matters discounts such dire consequences because “there’s good reason to suspect that China and other large cyber powers might already have blueprints and more, thanks to the still-vague scope of several highly successful military cyber attacks;” because “the US sells thousands upon thousands of working Hellfires to ‘close military ‘allies’ like Iraq, Saudi Arabia, and Turkey;” and because “the fall of Iraq’s Mosul to forces from ISIS . . . led to about $700 million worth of working Hellfire missiles falling into the hands of terrorists.”[2]

 Criticism of the Obama Administration[3]

Unsurprisingly this news has prompted severe criticism of the Administration.

U.S. Senator Marco Rubio (Rep., FL), a Republican presidential candidate, voiced his criticism in a letter to Assistant Secretary of State for Western Hemisphere Affairs, Roberta Jacobson. Rubio opened with the seemingly incontrovertible statement, “Preventing the proliferation of sensitive U.S. technology is one of the most important duties carried out by the State Department.” Because Jacobson has been so deeply involved with normalization negotiations with Cuba, she was asked these questions:

  • “When was the State Department informed that a U.S. Hellfire missile had been sent to Cuba?
  • When were you personally first informed of this matter and by whom?
  • What has been done to obtain the missile’s return by the Cuban government?
  • What specific entity of the Cuban government is currently in possession of the missile?
  • Please provide a list of the specific occasions on which you or other U.S. Government officials have raised this issue with the Castro regime.
  • Why was the return of the missile not obtained as a result of the negotiations that led to President Obama’s December 17, 2014 announced change in U.S. policy toward Cuba?
  • Why was the return of the missile not a condition of removal of Cuba from the State Sponsors of Terrorism list?
  • Why was the return of the missile not a condition of establishment of embassies in Havana and Washington?
  • What members of Congress did you inform of this issue during your briefings and testimony regarding U.S. policy toward Cuba over the last 18 months?
  • Does the State Department know if the Cuban government shared the missile or its design with any foreign governments?”

The Rubio letter concluded, “Sensitive U.S. technology falling into the hands of such a regime [as Cuba’s] has significant implications for U.S. national security.  The fact that the administration, including you, have apparently tried to withhold this information from the congressional debate and public discussion over U.S.-Cuba policy is disgraceful.”

Also on Friday, Republican presidential candidate Jeb Bush tweeted: “Whether it’s Iran holding U.S. citizens hostage or Cuba holding a U.S. missile hostage, Obama always caves. I won’t.’’

Four other lawmakers critical of the Obama position toward Cuba also criticized the handling of the missile case. In a joint statement, Reps. Ileana Ros-Lehtinen (R., Fla.), Mario Diaz Balart (R., Fla.), Carlos Curbelo (R., Fla.) and Albio Sires (D., N.J.) said:

  • “Regardless of how Cuba came into possession of a U.S. Hellfire missile – which must be investigated – it is unconscionable that the Obama administration knew the Castros were in possession of this sensitive U.S. military technology since June 2014 and still moved forward with its policy to open up travel, trade, investment and diplomatic relations with the regime.”
  • “The fact that the Castro regime was able to acquire a U.S. Hellfire missile could be indicative of the lengths it is willing to go to undermine our national security and harm our interests. Congress must provide oversight to determine how the U.S. export control system failed to prevent this gross violation from occurring, and if Cuba’s espionage apparatus played a role in this Hellfire acquisition.”
  • “The Cuban regime rebuffed the President’s efforts to secure the return of the Hellfire missile even as the negotiations were ongoing, and yet the regime still got everything it could have wanted. It is no wonder that the Castro brothers feel ever more emboldened to continue on with the repression of the Cuban people, with intimidation and unlawful arrests at an alarmingly high rate.”
  • “This is a very serious breach and we are deeply concerned that the Castros have already shared the sensitive technology with the likes of Russia, North Korea or China. . . . We urge the Administration to start holding the Cuban regime accountable for its continued transgressions not only against its own people, but its continued disregard for international norms.”

Senator Ron Johnson (Rep., WI), the Chair of the Committee on Homeland Security and Government Affairs, sent a letter to the heads of the Pentagon and the State Department, asking for an explanation “why the U.S. military would forgo complete control, care, and custody of such cargo when transporting it abroad.’’ Mr. Johnson also asked the administration for details of any other lost shipments of sensitive technology over the past five years.

Administration’s Response to Criticism[4]

White House spokesman Josh Earnest said on January 8 that the administration takes the issue very seriously. “The Department of Defense and the State Department are, again, I think for obvious reasons, quite interested in getting to the bottom of exactly what happened.’’

The same day the U.S. State Department spokesman, John Kirby, said, “I am restricted under federal law and regulations from commenting on specific defense trade licensing cases and compliance matters. What I can say is that under the Arms Export Control Act the State Department licenses both permanent and temporary exports by U.S. companies of regulated defense articles. U.S. companies are responsible for documenting their proposed shipping logistics in the application of their export license as well as reporting any shipping deviations to the department as appropriate.”


Although I have been, and still am, a strong advocate for U.S.-Cuba reconciliation, I am very troubled by the news of this missile ending up in Cuban hands and of its diversion in mid-2014 apparently not affecting U.S. negotiation of normalization. Final assessment has to await Assistant Secretary Jacobson’s responses to Senator Rubio’s questions and other news about this situation. I pray that it does not disrupt or sabotage further progress towards normalization.


[1] Barrett & Lubold, Missing U.S. Missile Shows Up in Cuba, W.S.J. (Jan. 7, 2016); Reuters, Inert U.S. Hellfire Missile Wrongly Shipped to Cuba in 2014:WSJ, N.Y. Times (Jan. 7, 2016); Assoc. Press, Dummy Hellfire Missile Mistakenly Shipped to Cuba, N.Y. Times (Jan. 8, 2016); Ayuso, The mystery of the US missile ended in Cuba, El Pais (Jan. 9, 2016).

[2] Templeton, It probably won’t matter Cuba got a dummy Hellfire missile—and that’s terrifying, ExtremeTech (Jan. 9, 2016).

[3] Barrett & Lubold, Republicans Criticize Obama Administration Over Missile Sent to Cuba, W.S.J. (Jan. 8, 2015); Missile that turned up in Cuba ignites backlash, Miami Herald (Jan. 8, 2016); Rubio, Rubio Demands Answers From Administration On U.S. Missile in Cuba’s Possession (Jan. 8, 2016); Ros-Lehtinen, Ros-Lehtinen, Diaz-Balart, Curbelo and Sires Make Joint Statement Regarding Unaccounted U.S. Hellfire Missile Acquired by the Castro Regime (Jan. 8, 2016)

[4] U.S. Dep’t of State, Daily Press Briefing (Jan. 8, 2016).



Commemorating the First Anniversary of U.S.–Cuba Rapprochement

The first anniversary of U.S.-Cuba rapprochement, on December 17, 2015, was not marked by any ceremony in either country. Instead, public statements were issued by the White House, the U.S. State Department, the de facto U.S. Ambassador to Cuba, Jeffrey De Laurnetis. U.S. Senators and Representatives, Cuban officials and others. Nothing new or surprising was said in any of them.

White House[1]

On the anniversary date, President Obama released a statement on the subject. He said that during this year “we have taken important steps forward to normalize relations between our countries” that were detailed in the previously released FACT SHEET discussed below. The President continued, “We are advancing our shared interests and working together on complex issues that for too long defined—and divided—us. Meanwhile, the United States is in a stronger position to engage the people and governments of our hemisphere. Congress can support a better life for the Cuban people by lifting an embargo that is a legacy of a failed policy.” Nevertheless, “Change does not happen overnight, and normalization will be a long journey.”

The earlier White House FACT SHEET. listed the following eleven significant steps of normalization this past 12 months:

  • U.S. “removal of Cuba from the State Sponsors of Terrorism List;”
  • “re-establishment of diplomatic relations and opening of embassies; “
  • Secretary of State Kerry’s visit to Cuba;
  • the establishment of the U.S.-Cuba Bilateral Steering Commission, which has produced a working relationship to protect the environment and manage marine protected areas in Cuba, Florida and the Gulf of Mexico; an expansion of counternarcotics cooperation, increased cooperation to prevent smuggling; an understanding to re-establish direct postal services between the two countries; and commencement of discussions on property claims;
  • the commencement of talks to improve Cuban human rights;
  • cooperation on medical relief to Haiti;
  • easing of restrictions on U.S. citizens travel to Cuba, resulting in a 54% increase of such travel;
  • easing of U.S. restrictions on commerce with Cuba;
  • easing of U.S. restrictions on telecommunications and internet commerce with Cuba, resulting in several private business transactions to do just that;
  • discussions to increase cooperation regarding security of trade and travel flows;
  • U.S. support of Colombia-FARC peace talks monitored by Cuba; and
  • The Administration’s continued advocacy for congressional ending the U.S. embargo of Cuba.

Benjamin J. Rhodes, Mr. Obama’s deputy national security adviser for strategic communications, who participated in the secret talks that led to the rapprochement, said, “We went into this with no illusions that the Cubans were going to radically change their political system overnight, but our belief has been that greater engagement, greater people-to-people ties, greater commercial activity does open up space for the Cuban people. Part of what we are doing is raising people’s expectations, and that’s appropriate.”

Rhodes added, We reject this notion that our opening is a form of concession, because the opening is the whole point — we think it’s in our interest to have people traveling down to Cuba and doing business there. There’s a natural momentum to these things.”

President Obama himself last week stated that he hopes to visit Cuba during his last year in office, but only if enough progress has been made in bilateral relations, he is able to meet with political dissidents, and if he can possibly “nudge the Cuban government in a new direction.” In response, Josefina Vidal, an official in Cuba’s Foreign Ministry, said Obama would be welcome, but “Cuba has always said … it is not going to negotiate matters that are inherent to its internal system in exchange for an improvement in or the normalization of relations with the United States.” [2]

U.S. State Department [3]

The U.S. would like change to happen “more quickly” and to see “increased access information online.” In addition, the U.S. hopes that Cuba “will give their citizens more space so they can exercise freely their civil and political rights.”

The U.S. and Cuba “very soon” will start a pilot program for renewed direct mail service.

U.S.-Cuba negotiations on direct commercial flights between the two countries are near a successful conclusion “ very, very soon.” The discussions on damage claims have just started, but their resolution remains a “top [U.S.] priority for normalization.”

For progress on Cuban economic issues, the U.S. believes the April 2016 congress of the Communist Party of Cuba will be important.

“Safe, legal, and orderly [Cuban] migration remains a priority of the U.S.,” which has “done our best to comply” with accords with Cuba on that subject. But “the Administration at this point has no plans to alter our current migration policy toward Cuba and Cubans,” including the Cuban Adjustment Act.

The U.S. continues to encourage Cubans to go to the U.S. Embassy in Havana “for the several available avenues for legal migration to the U.S.” In addition, the U.S. is “encouraging governments in the region to find . . . coordinated and comprehensive solutions that focus on preventing the loss of life and ensuring that human rights of all migrants are respected and promoting orderly and humane migration policies.”

Jeffrey DeLaurentis[4]

Mr. DeLaurentis, via teleconference from Havana, said, “A year ago President Obama “made it clear that our aspiration for the Cuban people remains that they enjoy a peaceful, prosperous, and democratic society.”

“Over the course of the past year, we have made good progress and come a long way. Our two countries have engaged in historic dialogue on a wide range of issues. We have discussed concrete objectives on civil aviation, direct transportation of mail, the environment, regulatory changes, and counter-narcotics and have either reached understandings on those topics or continue to narrow our differences in ways that suggest we could soon conclude such understandings.”

“One of the President’s goals in announcing the new approach to Cuba was to promote increased authorized travel, commerce, and the flow of information to the Cuban people. In that regard, we have seen an increase in authorized travel by U.S. citizens by over 50 percent. Our regulatory changes help promote a Cuban private sector that now accounts for at least one in four Cuban workers. And Cuba recently signed roaming agreements with two U.S. companies that promote the flow of information. But more could be done on the Cuban side to take advantage of new openings.”

“A year ago, we had very limited engagement with the Cuban Government. Now we are in open conversation on issues that matter to the United States.” This includes working “together to combat transnational crime, protect our shared ecosystem, and create opportunities for the people in both nations to thrive.”

“However, we still have areas of disagreement. . . . such as property claims, fugitives, and human rights.. . . Still, the re-establishment of diplomatic relations and the opening of our embassy have given us a more effective platform through which to promote U.S. interests and values on those and all bilateral issues. It is worth recalling [that] Secretary Kerry noted during the flag-raising ceremony in August – normalization will not happen overnight.”

“The President last year called on the Cuban Government to unleash the potential of 11 million Cubans by ending unnecessary restrictions on their political, social, and economic activities. The Administration has taken a number of steps within the President’s authority to support a growing private sector in Cuba and strengthen people-to-people ties. The President has called on Congress to end the embargo.”

U.S. Senators and Representatives

Senators Patrick Leahy (Dem., VT) and Jeff Flake (Rep., AZ), both of whom have been to Cuba several times this past year, sent a letter to President Obama urging further loosening of U.S. travel, export and financial restrictions with Cuba. [5]

On the other hand, Cuban-American Representatives Ileana Ros-Lehtinen and Mario Diaz-Balart of Florida, both of whom have been persistent critics of normalization, offered objections to what they saw as failed policies.”[6]

Cuban Officials[7]

On December 17 Cuba’s Foreign Ministry released a statement that concluded, “To achieve normal relations between the two countries, the [U.S.] must remove, without any conditions, the economic, commercial and financial blockade which for decades the U.S. has maintained against Cuba. Nor can one speak of normalization, while the illegally occupied Guantanamo Naval Base and other policies of the past that are harmful to the sovereignty of Cuba are not removed.“

Earlier, Josefina Vidal Ferreiro, the Cuban Ministry of Foreign Relations’ Director General for the United States, said, “We can say that Cuba and the United States have made progress in their relations, with a marked difference from the preceding stage,” She noted progress in the political and diplomatic fields with the reestablishment of diplomatic relations, the reopening of embassies and the removal of the island from the U.S. list of countries sponsoring terrorism. She also highlighted the personal meetings between the leaders of Cuba and the U.S.

More specifically she said the two countries were close to concluding an agreement for civil aviation and had expanded or created cooperation in search and rescue; the fight against drug trafficking; migration; port maritime security, application and enforcement of the law; and health.

On the other hand, she commented, there is more to do. The U.S. needs to end the embargo, return Guantanamo Bay to Cuba, stop “subversive programs and illegal broadcasting” as well as abolish its special immigration policies regarding Cubans.

Vidal concluded that “even with the differences that exist between our countries, better links will only bring benefits to both countries and their peoples. We really believe that a model of civilized coexistence is the best contribution that we can leave the present and future generations of Cuba, the U.S. and the entire region.


Everyone, supporters and critics of normalization, agrees that change has been slow and that much more needs to be done to facilitate a complete normalization. Nevertheless, as two experts on this relationship recognize, there has been progress.

Julia E. Sweig, a Cuba specialist and senior research fellow at the Lyndon Baines Johnson School of Public Affairs at the University of Texas at Austin, observed, “It was just pure fantasy to think, as it has been for the last 60 years, that the United States could directly shape the nature of the Cuban political system. It feels like we’re getting excited about tiny steps, but those tiny steps, against the backdrop of the thicket of laws and regulations that have produced a ‘no’ as the answer to any question, and now we’re figuring out how to get to ‘yes’ — that’s progress.”[8]

Scott D. Gilbert, a Washington-based lawyer who helped negotiate Cuba’s release last year of Alan Gross, said, “When you stand back and look at this against the backdrop of almost 60 years of complete adversity, complete lack of dialogue, absolute distrust, it’s been a remarkable year. But there is frustration and disappointment on both sides that more deals haven’t gotten done. It’s a process that still needs a lot of work.”[9]

Alan Gross himself stated, “Our relations will not be normalized for some years to come, will not be totally normalized. But I believe that both governments are working towards that, We need to be patient to see this relationship evolve.” He specifically wants to see the U.S. end its embargo of Cuba, which is “stupid” and a “complete and utter failure.”

Jeanne Lemkau, a clinical psychologist and professor emerita of family medicine, commented on her 12th trip to Cuba, this October, to the central and eastern part of the island. She saw a creative example of the Cuban entrepreneurial initiative: a young man peddling shoes from a carefully arranged display on the top of a jeep chassis, snuggly parked next to his house. In addition, she saw many people using laptops and mobile phones; homes freshly painted in lovely Caribbean colors, a luxury that was once far beyond the resources of most Cubans; beautifully renovated hotels; and recently cleaned streets.[10]


As a strong advocate for U.S.-Cuba reconciliation, I too have mixed feelings on this first anniversary. I am glad that one year ago both countries decided to pursue normalization, that the previously mentioned steps towards normalization have been taken and that the normalization process is continuing. On the other hand, I am especially disappointed that the U.S. has not yet ended its embargo of the island and its special immigration benefits for Cubans.


[1] White House, Statement of the President on the Anniversary of Cuba Policy Changes (Dec. 17, 2015); Obama, Statement by President Obama on the anniversary of the changes in policy toward Cuba, Granma (Dec. 17, 2015); White House, FACT SHEET: One-Year Anniversary of the President’s Policy of Engagement with Cuba (Dec. 16, 2015); Davis, Year After Cuba-U.S. Thaw, Obama Says Change Will Take Time, N.Y. Times (Dec. 16, 2015). Assoc. Press, Marking Anniversary, Obama Says Long Journey for US, Cuba, N.Y. Times (Dec. 17, 2015); Reuters, Obama Says U.S., Cuba Continue to Have Differences, N.Y. Times (Dec. 17, 2015).

[2] Reuters, Obama Says May Visit Cuba in 2016 if Citizens Enjoy More Freedoms, N.Y. Times (Dec. 14, 2015); Reuters, Cuba Says Obama Welcome to Visit but Not to Meddle, N.Y. Times (Dec. 17, 2015).http://www.nytimes.com/reuters/2015/12/17/world/americas/17reuters-cuba-usa.html

[3] U.S. State Dep’t, Background Briefing on the Progress Made Toward the Normalization of U.S.-Cuba Relations (Dec. 15, 2015).

[4] U.S. State Dep’t, Special Briefing by Jeffrey DeLaurentis on the One-Year Anniversary of the President’s Policy of Engagement with Cuba (Dec. 15, 2015).

[5] Flake, Flake, Leahy Urge President to Expand U.S. Engagement with Cuba on Anniversary of Renewed Relations (Dec. 16, 2015); Schwartz, Senators Urge Obama Administration to Further Loosen Cuba Rules, W.S.J. (Dec. 16, 2015).

[6] Ros-Lehtinen, One Year Later, Obama’s Cuba Policy Has Proven To Be A Sham and Cubans Are No Closer To Freedom and Democracy, Says Ros-Lehtinen (Dec. 16, 2015); Diaz-Balart, One Year Later: The Results of Obama’s Concessions to the Castros (Dec. 17, 2015).

[7] Cuba Foreign Ministry, Editorial: The lifting of the blockade is essential for a normal relationship (Dec. 17, 2015); Gomez, Josefina Vidal assures that Cuba and the U.S. have made progress, Granma (Dec. 17, 2015); Elizalde, Josefina Vidal: Significant progress has been recorded between Cuba and the US, CubaDebate (Dec. 16, 2015). Granma also published commentaries on the first anniversary by the Cuban Five, Gomez et al., A year in which freedom fits all, Granma (Dec. 17, 2015). Another article provided commentary on the embargo. Gomez, A year later, the blockade is still there, Granma (Dec. 17, 2015).

[8] Davis, One Year After Cuba-U.S. Thaw, Obama Says Change Will Take Time, N.Y. Times (Dec. 16, 2015).

[9] Assoc. Press, American Marks 1 Year Since Being Freed From Cuban Prison, N.Y. Times (Dec. 17, 2015).

[10] Lemkau, Observations of an ever-evolving Cuba, LAWG (Dec. 16, 2015).