Open Letter to U.S. Congress About U.S. Freedom To Travel to Cuba

To: Senator Flake: As an U.S. and Minnesota citizen, I thank you for sponsoring legislation to grant U.S. citizens freedom to travel to Cuba (S.127 Freedom for Americans to Travel to Cuba Act). I also thank and copy my Minnesota Senators, Amy Klobuchar and Al Franken, for joining 52 other senators in co-sponsoring this bill.

To: Representative Mark Sanford: I thank you for sponsoring a similar bill in the House (H.R.351—Freedom to Travel to Cuba Act of 2017). I also thank and copy the three Minnesota representatives (Tom Emmer, Erik Paulsen and Rick Nolan) who have joined 21 other representatives in cosponsoring the bill. By copies of this open letter, I urge the other Minnesota representatives (Timothy Walz, Jason Lewis, Betty McCollum, Keith Ellison and Collin Peterson) to join the ranks of cosponsors.

Now is the time to push these bills forward for votes in the two chambers before the Trump Administration comes forward with proposed regulations to implement the President’s intention to eliminate individual person-to-person travel to the island. (A copy of this open letter is also being sent to President Trump.)

In addition to the arguments already advanced for supporting these bills, I submit that the new Trump policy is internally inconsistent for the following reasons:

  • The ban on individual person-to-person travel, by all accounts, will reduce the overall amount of U.S. travel to the island and thereby have substantial negative effects on Cuba’s emerging private sector, which has improved the living standards of many Cubans and is a force for change in Cuba and for friendlier relations with the U.S. Remember that President Trump favors measures to improve the lives of ordinary Cubans.
  • Forcing Americans who want to have a person-to-person experience in Cuba to do so only with established tour groups will mean “large tour groups [that] are too big for smaller bed-and-breakfast rentals, and their [Cuban] government-appointed guides tend to ply the well-trodden routes that bypass the new galleries, restaurants and night spots opened by enterprising Cubans and others.” This is a direct negative effect on Cubans’ standard of living, which President Trump does not want.
  • According to Andrea Gallina, an Italian entrepreneur who last year opened a high-end boutique hotel, Paseo 206, with his Cuban spouse, “If independent American travel is cut off, you won’t only hurt the bed-and-breakfasts. It’s also the construction crews, the private tour guides, the taxi drivers, the restaurants and the artists selling handicrafts.” Again, the Cubans now engaged in these private enterprises will be substantially disadvantaged.
  • The larger groups will by necessity have to stay in hotels, most of which are state-owned, rather than individually owned b&bs, and travel in tour buses (again, state-owned), rather than individually owned taxis. The large-group U.S. visitors also probably will be provided with government-provided guides rather than private guides used by people traveling by themselves or in small groups. All of these consequences are contrary to the President’s intent to stop or limit U.S. persons from doing business with enterprises owned or controlled by the Cuban military or security services.
  • The ban on individual person-to-person travel will increase the cost for Americans’ traveling to the island and thereby reduce the amount of such travel. As a result, the U.S. will lose the impact on Cubans of ordinary Americans, who often are the best ambassadors for the U.S., its government, people and values.

====================================================For more details, see This Blogger’s Reactions to Trump Reversal of Some U.S.-Cuba Normalization Policies (June 23, 2017).

This Blogger’s Reactions to President Trump’s Reversal of Some U.S.-Cuba Normalization Policies                                                                                        

On June 16, as noted in a prior post, President Donald Trump announced a reversal of some aspects of the Cuba normalization policies that had been instituted by his predecessor, President Barack Obama. Other posts discussed the reactions to this development in the U.S. and Cuba while this post will set forth this blogger’s reactions and recommendations.

Remember that despite all the hostile rhetoric in Trump’s announcement, he made only two changes to be implemented in subsequent regulations: (1) prohibit U.S. business transactions with Cuban entities owned or controlled by the Cuban military or security forces; and (2) prohibit U.S. citizens from engaging in individual person-to-person travel to Cuba.

As a longstanding advocate for U.S.-Cuba normalization and reconciliation, I was dreading the long anticipated announcement of a new Cuba policy direction from the Trump Administration. Thus, I was somewhat relieved that there were only the two previously mentioned specific changes although I was distressed with Trump’s unfortunate resurrection of the rhetoric of the failed U.S. policies from 1959 until the December 17, 2014, announcement of a mutual decision to seek normalization.

Now U.S. citizens who favor normalization and reconciliation need to determine how to go forward. Here are my recommendations for such a strategy.

First, focus on overturning the new ban on individual person-to-person travel. That means supporting S.127– Freedom for Americans to Travel to Cuba Act—that is authored by Senator Jeff Flake with 54 cosponsors—and asking the Senate’s GOP leadership to allow a vote on this bill as soon as possible. The same should be done for the parallel bill in the House (H.R.351—Freedom to Travel to Cuba Act of 2017) authored by Representative Mark Sanford (Rep., S.C.) with 22 cosponsors.

Second, advance the following new argument for such bills. The new Trump policy is internally inconsistent for the following reasons:[1]

  • The ban on individual person-to-person travel, by all accounts, will reduce the overall amount of U.S. travel to the island and thereby have substantial negative effects on Cuba’s emerging private sector, which has improved the living standards of many Cubans and is a force for change in Cuba and for friendlier relations with the U.S. Remember that President Trump and his supporters purportedly favor measures to improve the lives of ordinary Cubans.
  • Forcing Americans who want to have a person-to-person experience in Cuba to do so only with established tour groups will mean “large tour groups [that] are too big for smaller bed-and-breakfast rentals, and their [Cuban] government-appointed guides tend to ply the well-trodden routes that bypass the new galleries, restaurants and night spots opened by enterprising Cubans and others.” This is a direct negative effect on Cubans’ standard of living, which Trump and his supporters do not want.
  • According to Andrea Gallina, an Italian entrepreneur who last year opened a high-end boutique hotel, Paseo 206, with his Cuban spouse, “If independent American travel is cut off, you won’t only hurt the bed-and-breakfasts. It’s also the construction crews, the private tour guides, the taxi drivers, the restaurants and the artists selling handicrafts.” Again, the Cubans now engaged in these private enterprises will be substantially disadvantaged.
  • The larger groups of American visitors will by necessity have to stay in hotels, most of which are state-owned, and travel in tour buses (again, state-owned), contrary to the other policy change announced by Trump.
  • The ban on individual person-to-person travel will increase the cost for Americans’ traveling to the island and thereby reduce the amount of such travel. As a result, the U.S. will lose the impact on Cubans of ordinary Americans, who often are the best ambassadors for the U.S., its government, people and values.

Third, continue to advocate for implementation of other normalization measures—adherence to the many agreements reached between the Obama Administration and Cuba; continued negotiation of the many unresolved issues that have accumulated over the last half century; commencement of international arbitrations over issues the parties cannot resolve by themselves; appointment of a U.S. ambassador to Cuba; and ceasing the inflammatory rhetoric of both sides.

To date, there is a mixed record of the Trump Administration on two of these measures. The head of Cuba’s National Commission on Drugs states that the two countries are still cooperating to intercept drug smugglers while U.S. officials say “day-to-day cooperation on halting U.S.-bound human trafficking and narcotics has improved significantly since the re-establishment of diplomatic relations in 2015, with the two nations’ coast guards talking directly to each other and cooperating in real time on a regular basis.” On the other hand, the U.S. has halted high-level meetings on stopping the flow of narcotics through the Caribbean and general law-enforcement cooperation.[2]

Fourth, avoid entering into a debate about the recent rhetoric of President Trump or the Cuban Government and its Foreign Minister. At the same time, Trump’s rhetoric suggests the possibility of additional reversals of President Obama’s efforts to improve relations with Cuba, and thus we “normalizers” must be ready to combat any such additional reversals.

=====================================

[1] Miroff, Trump’s Cuba policy tries to redefine ‘good’ U.S. tourism. That includes putting visitors back on tour buses, Wash. Post (June 17, 2017); Kunović, Five things you need to know about Trump’s Cuba policy—and who it will hurt, Wash. Post (June 22, 2017).

[2] Assoc. Press, U.S., Cuba Still Cooperating on Stopping Drug Smugglers, N.Y. Times (June 22, 2017); Reuters, Cuba Says Regional Marijuana Liberalization Is Fueling Trafficking, N.Y. Times (June 22, 2017).

New U.S. Senate Bills Embrace Normalization of Relations with Cuba

A prior post discussed the recent rumors that the Trump Administration, next month, is planning to reverse various aspects of the U.S. normalization of relations with Cuba that commenced on December 17, 2014.

In resistance to this threat, the U.S. Senate this week saw two new bipartisan bills embracing such normalization.

Protecting American Travel to Cuba [1]

On May 25 A bill to allow United States citizens and legal residents to travel between the United States and Cuba (S.1287) was offered by Senator Jeff Flake (Rep., AZ) with 54 bipartisan co-sponsors (43 Democrats, 9 Republicans and 2 Independents). It would eliminate current restrictions on traveling to Cuba for tourist purposes completely and permanently deregulate U.S. travel to Cuba.

According to Senator Flake, “Recognizing the inherent right of Americans to travel to Cuba isn’t a concession to dictators, it is an expression of freedom. It is Americans who are penalized by our travel ban, not the Cuban government. Lifting the ban on U.S. citizens traveling to Cuba can pave the way to meaningful change by increasing contact between Cubans and everyday Americans, and it is certain to have positive benefits for the island’s burgeoning entrepreneurial and private sector.”

Senator Patrick Leahy (Dem., VT) , one of the leading cosponsors, added, “A bipartisan majority of the Senate agrees that the federal government should not be telling Americans where they can or cannot travel, especially to a tiny country just 90 miles from Florida.  The restrictions in law that our bill would strike down are a failed vestige of the Cold War.  The travel ban is neither justified nor in our national security or economic interests.  If we don’t engage, China and Russia will – in fact they already are.  While this bill doesn’t lift the embargo, it at least would restore to Americans the freedom to travel they are entitled to.”

The increased U.S. travel to Cuba over the last two years has contributed to economic growth and job creation in the U.S. travel and tourism sectors and provided significant economic support to Cuban entrepreneurs and small business owners. Removing all restrictions on traveling to Cuba would further strengthen Cuba’s growing private sector.

Expanded travel to Cuba is supported by 81% of the American public, including 71% of Republicans plus U.S. travel groups, over 100 U.S. agriculture groups, the National Association of Manufacturers, U.S. national security experts and almost 100% of the Cuban people.

Ending the U.S. Embargo[2]

On May 25 A bill to lift the trade embargo on Cuba (S. 1286) was introduced by Senator Amy Klobuchar (Dem., MN) with 13 cosponsors (9 Democrats, 3 Republicans and 1 Independent). It would pave the way for new economic opportunities for American businesses and farmers by boosting U.S. exports and allow Cubans greater access to American goods. The legislation repeals key provisions of previous laws that block Americans from doing business in Cuba, but does not repeal portions of law that address human rights or property claims against the Cuban government.

“For far too long, U.S.-Cuba policy has been defined by the conflicts of the past instead of the realities of today and the possibilities for the future,” Senator Klobuchar said. “More than 50 years of isolating an island just 90 miles from our border has not secured our interests and has disadvantaged American business owners and farmers. This bipartisan legislation would benefit the people of both our countries by boosting American exports and creating opportunity for the Cuban people. We need to turn the page on the failed policy of isolation and build on the progress we have made to open up engagement with Cuba by ending the embargo once and for all.”

Senator Michael Enzi (Rep., WY), one of the cosponsors, said, “Over the last 50 years, our strategy of isolating Cuba hasn’t been very successful. This bipartisan legislation would lift the travel restriction to Cuba, providing new opportunities for American businesses, farmers and ranchers. But trade is very powerful. It can be more than just the flow of goods, but also the flow of ideas – ideas of freedom and democracy are the keys to positive change in any nation. It is time we moved on from the failed ideas of the past and tried a new approach to Cuba.”

Another cosponsor, Senator Patrick Leahy, added, “Decades after the end of the Cold War we continue to impose punitive sanctions against Cuba, a tiny island neighbor that poses no threat to us. After more than half a century, the embargo has achieved none of its objectives.  President Obama took a courageous and pragmatic step in opening diplomatic relations with Cuba.  It is now up to Congress to end the embargo, which is used by the Cuban government to justify its repressive policies, and by foreign companies to avoid competing with U.S. businesses that are shut out of the market.  Lifting the embargo will put more food on the plates of the Cuban people, allow them to access quality U.S. products, and spur reforms in Cuba’s economy, all while benefiting American companies.  I commend Senator Klobuchar for her steadfast leadership on this issue.”

Cuba relies on agriculture imports to feed the 11 million people who live on Cuba and the 3.5 million tourists who visit each year. This represents a $2 billion opportunity for American farmers annually. This bill would repeal the current legal restrictions against doing business with Cuba, including the original 1961 authorization for establishing the trade embargo; subsequent laws that required enforcement of the embargo; and other restrictive statutes that prohibit transactions between U.S.-owned or controlled firms and Cuba, and limitations on direct shipping between U.S. and Cuban ports.

Conclusion

Now is the time for all U.S. supporters of normalization to engage in public advocacy of these policies and to urge their U.S. Senators and Representatives to oppose any rollback of normalization.

We also need to express our support of those who have introduced bills in this Session of Congress to end the embargo and to expand Americans’ freedom to travel to Cuba. In addition to the two previously mentioned bills, the following bills also deserve support:

  • Senator Heidi Heitkamp (Dem., ND), Agricultural Export Expansion Act of 2017 (S.275);
  • Senator Jerry Moran (Rep., KS), Cuba Trade Act of 2017 (S.472)(end the embargo);
  • Representative Mark Sanford (Rep., SC), Freedom to Travel to Cuba Act of 2017 (H.R.351);
  • Representative Tom Emmer (Rep., MN), Cuba Trade Act of 2017 (H.R.442)(end the embargo);[3]
  • Representative Kevin Cramer (Rep., ND), Cuba DATA Act (H.R.498);
  • Representative Rick Crawford (Rep., AR), Cuba Agricultural Exports Act (H.R.525); and
  • Representative Jose Serrano, (Dem., NY), Promoting American Agricultural and Medical Exports to Cuba Act of 2017 (H.R.572), Baseball Diplomacy Act (H.R.573), Cuba Reconciliation Act (H.R.574).

==============================================

[1] S.1287: A bill to allow United States citizens and legal residents to travel between the United States and Cuba; Flake, Leahy Reintroduce Bill Restoring Freedom to Travel to Cuba (May 25, 2017); Statement of Senator Patrick Leahy on The Freedom for Americans to Travel to Cuba Act of 2017 (May 25, 2017); 55 U.S. Senators Introduce Bipartisan Bill to Life the Travel Ban on Cuba, Engage Cuba (May 25, 2017); Reuters, U.S. Lawmakers Reintroduce Bill to End Restrictions on Cuba Travel, N.Y. Times (May 25, 2017); Torres, More than 50 senators support eliminating restrictions on travel to Cuba, Miami Herald (May 26, 2017).

[2] S. 1286: A bill to lift the trade embargo on Cuba (May 25, 2017); Klobuchar, Enzi, Leahy Flake Lead Bipartisan Coalition to Introduce Major Legislation to lift Cuba Trade Embargo (May 25, 2017); Sens. Introduce Second Cuba Bill, Sending Clear Message to Trump, Engage Cuba (May 26, 2017).

[3] Representatives Emmer and Castor Introduce Bill To End Embargo of Cuba, dwkcommentariese.com (Jan. 12, 2017).

Representatives Emmer and Castor Introduce Bill To End Embargo of Cuba

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

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

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

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

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

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

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

==============================

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

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

Rep. Tom Emmer
Rep. Tom Emmer

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

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

Rep. Kathy Castor
Rep. Kathy Castor

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

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

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

=========================================================

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

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

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

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

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

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

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

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

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

[10] Spencer (n. 8).

[11] Henry (n. 6); Spencer (n. 8).

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

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

Commerce Department Appropriations Act, FY 2016[1]

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

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

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

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

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

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

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

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

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

Transportation Department Appropriations Act, FY2016 [2]

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

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

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

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

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

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

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

Conclusion

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

 

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

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

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

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

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

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

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

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

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

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

 

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

 

 

 

 

 

 

 

 

 

 

More Congressional Delegations Visit Cuba

Two more congressional delegations visited Cuba this week.[1]

Senator Tom Udall’s Delegation

Senator Mark Udall
Senator Mark Udall

On May 25th U.S. Senator Tom Udall (Dem., NM), the author of a bill to expand U.S. telecommunications trade with Cuba (S.1389),[2] led a delegation of fellow Democrats on a visit to Cuba: Senator Al Franken (MN)[3] and Congressmen Raul Grijalva (AZ)[4] and John Larson (CT),[5] all of whom support ending the U.S. embargo of Cuba. Their visit included a meeting with Cuba’s Foreign Minister, Bruno Rodriguez Parrilla, as well as meetings with Cuba’s Ministries of Foreign Trade and Foreign Investment and Agriculture as well as self-employed members of small cooperatives and investors from foreign countries.

At a May 27th press conference in Havana at the end of their trip, Senator Udall noted that the U.S. designation of Cuba as a “state sponsor of terrorism” would end in two days (May 29th) and asserted his belief that “it will be a matter of weeks when we have restored diplomatic relations.”

Senator Udall said that there is growing bipartisan support for separate pieces of legislation that would permanently end a ban on travel, allow trade in agricultural goods and enable U.S. telecommunications and Internet companies to provide services and devices in Cuba.”Today in the Foreign Relations Committee of the Senate, the majority of both Democrats and Republicans are in favor of the travel ban being lifted.” Although he was optimistic about bills eliminating the U.S. embargo/blockade, he added, “I do not think “it will happen tomorrow.”

In response to a question, Udall defended most of U.S. initiatives to “spread democracy,” but criticized such projects when they seek to “undermine governments.”

Senator Franken observed that the majority of the American people support eliminating the embargo, as shown in recent surveys. Even in Florida, most of the public agrees with a change in this policy towards Cuba. Yet a “very small minority” in Congress still backs continuing the embargo, said Franken, and “there is work to be done” to overcome their objections.

Franken also stressed the need to obtain compensation for Cuba’s expropriation of property owned by U.S. interests at the beginning of the Revolution. In response to a question about the issue of returning Guantanamo to Cuba, he said it was not “a salient issue at this time” and that he did not have a “strong opinion” on the naval base, though he supports closing its detention center for terrorism suspects.

Congressman Grijalva said the cultural, artistic and scientific exchanges are vital for normalization, but those that tend towards subversion must be analyzed and set aside. He stressed the statement of President Barack Obama that the U.S. was “not in the business of regime change” in Cuba.

 Representative Mark Sanford’s Delegation

Rep. Mark Sanford
Rep. Mark Sanford

Three days later, May 28, the Foreign Minister met with another delegation led by Representative Mark Sanford (Rep., SC), the author of a bill to expand U.S. travel to Cuba (H.R.664), with Bradley Byrne (Rep., AL), Tom Emmer (Rep., MN), Earl Carter (Rep., GA) and Don Beyer (Dem., VA).

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[1] This post is based upon the following: Assoc. Press, US Senator in Cuba Says Normal Relations ‘Weeks Away,’ N.Y. Times (May 27, 2015); Fox, US Senator in Cuba says normal relations ‘weeks away,’ Wash. Post (May 27, 2015); Gomez, US lawmakers in Havana must lift the blockade, Granma (May 27, 2015); Cuban Foreign Minister receives US Congressmen, Cubadebate (May 28,2015).

[2] A prior post about pending bills supporting U.S.-Cuba reconciliation identified Senator Jeff Flake as the author of the bill. Now the THOMAS website identifies Flake as a cosponsor and Senator Udall as the author, and the latter issued a press release to that effect, calling the bill The Cuba Digital and Telecommunications Advancement Act — or Cuba DATA Act.

[3] Franken’s press release before the trip stressed the trip was “to explore ways the U.S. and Cuba can expand trade opportunities . . .[and] ways the [U.S.] can further open relations with Cuba through trade and tourism.” Franken said, “Expanding trade opportunities with Cuba could be of enormous benefit to many Minnesota industries, including our medical technology industry, agricultural producers and our energy sector.”

[4] Grijalva’s press release before the trip emphasized that it would focus on “ways the [U.S.] can further open relations with Cuba through trade and tourism and by expanding opportunities for cultural exchange.” Another purpose was exploring “opportunities for U.S. companies to participate in the expansion of telecommunications infrastructure; expanding ecotourism; and marine conservation efforts.”

[5] Larson’s pre-trip press release was virtually the same as Grijalva’s.