Tag: “State Sponsor of Terrorism”

Criticism of President Biden’s “New Cuba Policy”

On May 16, 2022, the White House held a press briefing on what it called “Our New Cuba Policy.” After examining the details of that briefing, we will evaluate that so called “New Policy” and conclude that it is inadequate by failing to call for elimination of (a) the U.S. embargo of Cuba and (b) the U.S. designating Cuba as a “state sponsor of terrorism.”

U.S. “New Cuba Policy”[1]

The “new” policy was said to be designed “to increase support for the Cuban people and safeguard our national security interests” and resulted from the U.S. study over the last year that “continues to center on human rights and empowering the Cuban people to determine their own future, and we continue to call on the Cuban government to release all political prisoners.” This review was directed by President Biden to take actions in response to “the large-scale [Cuban] protests that took place last July” and “to take actions in two primary areas:”

  • “The first is to promote accountability for human rights abuses, for which we have announced several rounds of sanctions targeting those individuals and entities with direct ties to human rights abuses.”
  • “Second, . . . to explore meaningful ways to support the Cuban people.”

Therefore, the “new” policy has “prioritized and facilitated the export of privately sourced or donated goods to the Cuban people, focusing specifically on agricultural and medical exports; facilitated U.S. private sector faith-based organizations and other NGOs to provide humanitarian support; provided guidance to individuals and entities seeking to export to Cuba for the first time; . . . increased our support for the families of those who were detained; and increased, by $5 million, our support for censorship circumvention technology to support the ability of the Cuban people to communicate to, from, and among each other.”

In addition, the “new” policy was stated to fulfill President Biden’s commitment to the “Cuban American community and their family members in Cuba” by the following measures:

  • “[R]einstate the Cuba Family Reunification Parole Program and continue to increase the capacity for consular services. . . . [The U.S.] resumed limited immigrant visa processing [in Cuba] in early May and are looking to make sure that we staff up so that we can begin processing the full 20,000 immigrant visas out of Havana as quickly as possible.”
  • “[Strengthen] family ties and . . . [facilitate] educational connections for American and Cuban people by expanding authorized travel. . . . [That includes] specifically authorizing commercial and charter flights to locations beyond Havana.  We are reinstating group people-to-people educational travel under a general license, among a number of other measures.  We are not reinstating individual people-to-people educational travel.”
  • “[w]e are increasing support for independent Cuban entrepreneurs.  That includes encouraging commercial opportunities outside the state sector by using . . . independent Cuban entrepreneurs’ access to the Internet, cloud technology, programming interfaces, e-commerce platforms, and a number of other measures, including access to microfinance and training.”
  • The U.S. “will ensure that remittances flow more freely to the Cuban people while not enriching those who perpetrate human rights abuses.  . . . [That includes] removing the limit on family remittances of $1,000 per quarter per sender/receiver pair.  And we’ll authorize donative remittances, which will support Cuban families and independent Cuban entrepreneurs.”

In addition, the new policy will “continue to elevate the matter of human rights, the treatment of political prisoners, and . . . elevate the issue of labor rights in Cuba, [which more generally is “a core priority for the Biden-Harris administration.”

The authorization of group travel to Cuba will be limited to purposeful purposes, not tourism.

More generally the new policy is intended “to help alleviate the humanitarian suffering that prompts out-migration from Cuba and also to advance our interest in supporting the Cuban people and ensuring that Cuban Americans and Americans in general are also the best advanced ambassadors for U.S. policy.”

The U.S. will be increasing the staff at the Havana Embassy “with an appropriate security posture.”

There was no mention at this briefing of two very significant U.S. policies regarding Cuba: the U.S. embargo of the island and the U.S. designation of Cuba as a “state sponsor of terrorism.” Therefore, both of them remain in effect with continued major impacts on the island and will be discussed below.

Reactions to the “New” U.S. Cuba Policy[2]

New Jersey Democratic Senator Bob Menendez, a Cuban-American and now the Chair of the Senate Foreign Relations Committee, welcomed the maintenance of the State Department’s Cuba Restricted List and the restart of the Cuban Family Reunification Parole program. But he was “dismayed” at its restarting group travel to the island because it will not breed democracy on the island and merely help the Cuban government fund its “continued repression.”

The harshest critic of the “new” policy was Ben Rhodes, who was President Obama’s Deputy National Security Advisor and involved in that administration’s efforts to normalize relations with Cuba. Said Rhodes, “Disappointed doesn’t begin to scratch the surface of how I feel about the Biden-Cuba policy. Granted it was Trump” who initially reversed Obama’s policies, but “then Biden doubles down” on Trump’s policies. We had Trump—in the most grotesque, callous way—politicizing this. But then Biden doubles down. It’s a gaslighting to those people in Cuba ” (deliberately and systematically feeding false information that  leads recipients to question what they know to be true). (Emphasis added).

Scott Hamilton, who served as U.S. charge d’ affaires in Havana during Obama’s opening to Cuba, said Biden’s measures do not reorient relations, but “are more about addressing the need to get the numbers [of Cuban [emigrants] down on migration.”

It also should be noted that Biden left Trump’s sanctions in place as the coronavirus pandemic overwhelmed the island’s medical system and strangled tourism, a crucial source of cash and goods for families. Allowing U.S. flights only to Havana ignores the difficulties of obtaining and paying for land transportation to other parts of the island, and most hotels are off-limits under U.S. regulations. Biden’s relaxing limits on remittances to families on the island is a good idea, but it does not cope with the difficulties of U.S. blacklisting of the financial institution for electronic fund transfers, Fincimex, due to its ties to the Cuban military. A leading U.S. expert on Cuba, William LeoGrande, a professor of government at American University, said, “What’s striking about these[Biden] measures is, there’s nothing about reopening the diplomatic dialogues that were ongoing at the end of the Obama administration.”

As a member of a church (Minneapolis’ Westminster Presbyterian) that since 2001 has had a partnership with a Presbyterian church in Matanzas, Cuba and members who actively provide and maintain clean-water systems on the island,I welcome the new Policy’s encouraging “faith-based organizations to provide humanitarian support.” I, therefore, reject Senator Menendez’s criticism of encouraging group travel to the island.

The Biden administration is hoping that these new measures will reduce Cuba’s soaring out-migration. Apprehensions of Cubans on the U.S.-Mexico border have rocketed to more than 113,000 in the first seven months of this fiscal year, nearly three times as many as in all of fiscal 2021. These emigrants include some activists who were protesting in the streets last year, teachers, farmers and parents of young children who decided they would be better off leaving as the island’s economy continued to tank, the Cuban government having not enacted significant reforms and Nicaragua lifted its visa requirement, making travel there easier. This exodus is sapping Cuba of much of its youth while its population is aging and declining.

Now these economic problems have been exacerbated by the following two recent events:

  • In August 2022 oil storage tanks near the city of Matanzas on the north coast of the island were destroyed by a lightning strike. That destruction resulted in a heavy human toll and a serious blow to fuel for Cuba’s electric power generating system, which already had been tottering from lack of maintenance and investment. The U.S., however has not offered any help in responding to this emergency other than telephonic technical assistance.
  • More recently, on September 26, Hurricane Ian, a Category 3 storm, slammed into the western end of the island. The next morning videos showed residents walking through waist-deep water as waves continued to crash on shore. Power lines, trees and siding could be seen littered along the roads. Electric power throughout the island was damaged.

U.S. Embargo of Cuba[3]

On October 19, 1960, almost two years after the Cuban Revolution had taken over the island’s government, the Eisenhower administration launched the U.S. trade embargo against Cuba that prohibited all U.S. sales of goods and services to Cuba except food and medicine. That embargo continues in effect today, nearly 62 years later, with amplification by many U.S. statutes.

Cuba claims that to date it has suffered significant economic damages from the embargo and the U.N. General Assembly every year since 1992 (except 2020 due to the Covid pandemic) has adopted resolutions, by overwhelming margins, condemning the embargo as a violation of international law.

The last session to approve such a resolution happened on June 23, 2021, when the vote was 184 to 2 (the U.S. and Israel in opposition) with three abstentions (Colombia, Ukraine and Brazil). Cuba’s Foreign Minister, Bruno Rodriguez Parrilla told the Assembly that the embargo was a “massive, flagrant and unacceptable violation of the human rights of the Cuban people” and  “an economic war of extraterritorial scope against a small country already affected in the recent period by the economic crisis derived from the pandemic” with estimated 2020 losses alone to be $9.1 million.

The U.S. opposition at the last session was offered by Rodney Hunter, the Political Coordinator for the U.S Mission, who said sanctions are “one set of tools in the U.S. broader effort toward Cuba to advance democracy, promote respect for human rights, and help the Cuban people exercise fundamental freedoms.” Moreover, despite the blockade, the US recognizes “the challenges of the Cuban people” and therefore, the US was “a significant supplier of humanitarian goods to the Cuban people and one of Cuba’s principal trading partners. Every year we authorize billions of dollars’ worth of exports to Cuba, including food and other agricultural commodities, medicines, medical devices, telecommunications equipment, other goods, and other items to support the Cuban people. Advancing democracy and human rights remain at the core of our policy efforts.”

The current session of the General Assembly on November 2, 2022, will consider this year’s report by the U.N. Secretary-General, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba.” The U.N. website for this report had a list of countries that had submitted comments (presumably supportive of the resolution), but did not include any comments from the U.S. or Israel, both of whom voted against the resolution in 2021, or from the three countries that abstained last year (Brazil, Colombia and Ukraine).

Therefore, it is fair to assume that the resolution against the U.S. embargo will again by overwhelmingly approved on November 2. Moreover, this blog continues to support abolishing the embargo.

U.S. Designation of Cuba as a “State Sponsor of Terrorism”[4]

Since 1982 the United States has had different opinions as to whether Cuba was a “state sponsor of terrorism” under three U.S. statutes—the Export Administration Act (section 6(j)), the Arms Export Control Act (section 40) and the Foreign Assistance Act (Section 620A)—that authorize the Secretary of State to designate countries that “have repeatedly provided support for acts of international terrorism” as “state sponsors of terrorism” and thereby impose sanctions on such countries, including restrictions on U.S. foreign assistance, bans on U.S. defense exports and sales, controls over exports of dual use items and miscellaneous financial and other restrictions.

We will look at these different positions, including the Biden Administration’s current review of the Trump Administration’s last minute designation of Cuba as a “State Sponsor.”

Cuba as “State Sponsor of Terrorism,” 1982-2014. From 1982 through 2014, the U.S. designated Cuba as such a Sponsor.[5]

U.S. Rescinds Cuba’s “Sponsor” Designation, 2015.  [6] On April 14, 2015, Secretary of State John Kerry publicly announced that the State Department had recommended that President Obama rescind the designation of Cuba as a “State Sponsor of Terrorism.” His press release stated that the prior week the “Department submitted a report to the White House recommending, based on the facts and the statutory standard, that President Obama rescind Cuba’s designation as a State Sponsor of Terrorism.”

“This recommendation,” the Statement continued, “reflects the Department’s assessment that Cuba meets the criteria established by Congress for rescission . . . . whether Cuba provided any support for international terrorism during the previous six months, and whether Cuba has provided assurances that it will not support acts of international terrorism in the future.” This conclusion was based, in part, upon “corroborative assurances received from the Government of Cuba.”

Nevertheless, according to the Secretary’s statement, “the United States has had, and continues to have, significant concerns and disagreements with a wide range of Cuba’s policies and actions, [but] these concerns and disagreements fall outside of the criteria for designation as a State Sponsor of Terrorism.”

The same day (April 14, 2015), a White House press release stated the President had “submitted to Congress the statutorily required report and certifications indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation.” That presidential decision was based upon the previously mentioned State Department recommendation that was based on its “careful review of Cuba’s record, which was informed by the Intelligence Community, as well as assurances provided by the Cuban government.”

This White House press release also stated, “As the President has said, we will continue to have differences with the Cuban government, but our concerns over a wide range of Cuba’s policies and actions fall outside the criteria that is relevant to whether to rescind Cuba’s designation as a State Sponsor of Terrorism.  That determination is based on the statutory standard – and the facts – and those facts have led the President to declare his intention to rescind Cuba’s State Sponsor of Terrorism designation.  More broadly, the [U.S.] will continue to support our interests and values through engagement with the Cuban government and people.”

President Obama’s simultaneous message to Congress certified that “(i) the Government of Cuba has not provided any support for international terrorism during the preceding 6-month period; and (ii) the Government of Cuba has provided assurances that it will not support acts of international terrorism in the future.”

U.S. Non-Designation of Cuba, 2016-2020.[7] From 2016 through the end of the Obama Administration in January 2017, the U.S. continued to not so designate Cuba as the U.S. and Cuba held several bilateral diplomatic meetings to discuss the many issues that had accumulated ever since the January 1, 1959, takeover of the Cuban government by the Cuban Revolution.

At  their May 2016 Law Enforcement Dialogue, the U.S. State Department said that “law enforcement is an area of mutual interest to both the U.S. and Cuba as we advance toward normalized relations. We anticipate that the dialogue will be productive, and an additional opportunity to reinforce the benefits of law enforcement cooperation. During the dialogue, the United States and Cuba will continue to discuss a wide range of areas of cooperation, including counterterrorism, counternarcotic, transnational crime, cybercrime, secure travel and trade, and fugitives.”

The framework for the dialogue was the May 2016 Memorandum of Understanding between the U.S. Department of Homeland Security and the Cuban Ministry of Interior. This MOU set the basis of cooperation in exchanging risk information for travelers, cargo or conveyances in international transit; the continuation of periodic, mutual, and reciprocal assessments regarding air, sea, and port security; and the coordination of transportation security, screening of cargo, travelers and baggage, and the design of secure, efficient inspection facilities at ports and airports, among other things.

The next month, June 2016,  the U.S. and Cuba met in Havana for their first Counterterrorism Technical Exchange. The State Department said, “Coordination and cooperation on counterterrorism has been one of several important topics discussed in law enforcement dialogues between the United States and Cuba. We welcome the opportunity to bring together technical experts to discuss this topic of common interest.” Afterwards, the Cuban Foreign Ministry said that the meeting was conducted with “respect and professionalism” and that “both parties agreed on the importance of progress in cooperation in this sphere and agreed to continue the meetings of technicians on the topic.”

During the last weeks of the Obama Administration in January 2017, the U.S. and Cuba signed the following four agreements:

  • Cuba Memorandum of Understanding on Law Enforcement “to cooperate in the fight against terrorism, drug trafficking, money laundering and other international criminal activities.”
  • Memorandum of Understanding to strengthen cooperation in the field of maritime and aeronautical search and rescue by enhancing effectiveness and efficiency in assisting persons in distress and to act in furtherance of obligations under international law.
  • U.S., Cuba and Mexico signed a treaty to set territorial limits in contested Gulf of Mexico waters. The treaty covers the Eastern Gap of the Gulf of Mexico, an area believed to be rich in oil and gas deposits. The three countries’ overlapping claims in the Eastern Gap had created what is known as a “Doughnut Hole.” Trilateral discussions begun in mid-2016 on the maritime territorial issue were concluded by the end of the year.
  • U.S. and Cuba memorandum of understanding to help prevent the introduction and spread of quarantine pests, animal and plant disease agents through the exchange of scientific information, best practices for the prevention and control of plagues and emerging diseases, collaborative scientific projects, including the use of technology, research and surveillance, and the holding of events on specific aspects of animal and plant health.

In addition, the Trump Administration for 2016, 2017, 2018, 2019 and 2020 did not designate Cuba as a “State Sponsor of Terrorism.”

U.S. Re-Designation of Cuba as “Sponsor,2021-22.[8] On January 11, 2021 (with only nine days left of the Trump Administration), U.S. Secretary of State Pompeo announced that Cuba was being re-designated as a “State Sponsor” to join Iran, North Korea and Syria. Here is what his statement said:

  • “The State Department has designated Cuba as a State Sponsor of Terrorism for repeatedly providing support for acts of international terrorism in granting safe harbor to terrorists.”
  • “The Trump Administration has been focused from the start on denying the Castro regime the resources it uses to oppress its people at home, and countering its malign interference in Venezuela and the rest of the Western Hemisphere.”
  • “With this action, we will once again hold Cuba’s government accountable and send a clear message: the Castro regime must end its support for international terrorism and subversion of U.S. justice.”
  • “For decades, the Cuban government has fed, housed, and provided medical care for murderers, bombmakers, and hijackers, while many Cubans go hungry, homeless, and without basic medicine.  Members of the National Liberation Army (ELN), a U.S.-designated Foreign Terrorist Organization, traveled to Havana to conduct peace talks with the Colombian government in 2017.  Citing peace negotiation protocols, Cuba has refused Colombia’s requests to extradite ten ELN leaders living in Havana after the group claimed responsibility for the January 2019 bombing of a Bogota police academy that killed 22 people and injured more than 87 others.”
  • “Cuba also harbors several U.S. fugitives from justice wanted on or convicted of charges of political violence, many of whom have resided in Cuba for decades.  For example, the Cuban regime has refused to return Joanne Chesimard, on the FBI’s Most Wanted Terrorists List for executing New Jersey State Trooper Werner Foerster in 1973; Ishmael LaBeet, convicted of killing eight people in the U.S. Virgin Islands in 1972; Charles Lee Hill, charged with killing New Mexico state policeman Robert Rosenbloom in 1971; and others.”
  • “Cuba returns to the SST list following its broken commitment to stop supporting terrorism as a condition of its removal by the previous administration in 2015.  On May 13, 2020, the State Department notified Congress that it had certified Cuba under Section 40A(a) of the Arms Export Control Act as “not cooperating fully” with U.S. counterterrorism efforts in 2019.”
  • “In addition to the support for international terrorism that is the basis for today’s action, the Cuban regime engages in a range of malign behavior across the region.  The Cuban intelligence and security apparatus has infiltrated Venezuela’s security and military forces, assisting Nicholas Maduro to maintain his stranglehold over his people while allowing terrorist organizations to operate.  The Cuban government’s support for FARC dissidents and the ELN continues beyond Cuba’s borders as well, and the regime’s support of Maduro has created a permissive environment for international terrorists to live and thrive within Venezuela.”
  • “Today’s designation subjects Cuba to sanctions that penalize persons and countries engaging in certain trade with Cuba, restricts U.S. foreign assistance, bans defense exports and sales, and imposes certain controls on exports of dual use items.”
  • “The United States will continue to support the Cuban people in their desire for a democratic government and respect for human rights, including freedom of religion, expression, and association.  Until these rights and freedoms are respected, we will continue to hold the regime accountable.”

So far in 2022, the U.S. has not taken any further action regarding this designation. However, at a July 21, 2022, press conference a journalist asked, “Is the administration’s position that Cuba still meets the legal requirements to be a state sponsor of terrorism?” The only response to that question came from  Ned Price, the Department’s spokesman, who said, “The fact pattern that led a previous administration to [so] designate Cuba . . . is in the public record.”

One year after the July 11, 2021 protests in Cuba, the United States recognizes the determination and courage of the Cuban people as they continue to fight for respect for human rights and persevere through repression during a historic year. We celebrate the Cuban people and commend their indomitable determination.

Conclusion

This blogger strongly favors a return to the Obama Administration’s pursuit of normalization of relations with Cuba as well as its rescinding the designation of Cuba as a “state sponsor of terrorism” and its support for abolishing the U.S. embargo. These opinions are further supported by the recent explosion of Cuba’s oil storage tanks and its being hit by Hurricane Ira as well as recognizing that Cuba is a much smaller country than the U.S. with much more limited military and security forces.

Comments from readers to correct or supplement any of the discussion or citations to the record of these complex issues would be appreciated.

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[1] White House, Background Press Call By Senior Administration Officials On New Cuba Policy (May  16, 2022).

[2] Sheridan & Chaoul, As Biden eases Trump’s sanctions, Cubans hope for an economic life, Wash. Post (June 2, 2022); Armario, Last year, Cubans took to the streets. Now they’re fleeing the island, Wash. Post (July 11, 2022); Isikoff, Former top Obama aide accuses Biden of ‘gaslighting’ Cuba: ‘Disappointed doesn’t begin to scratch the surface,’ Yahoo News (Sept. 14, 2022); Matanzas oil storage facility explosion, Wikipedia (Aug. 5, 2022); 17 missing, dozens hurt as fire rages in Cuban oil tank farm, MPRNews (Aug. 6, 2022); Fire at Cuban oil storage facility further exacerbated electricity shortages, wsws.org (Aug. 12, 2022); Cuba’s oil fire is contained—but the disaster has sparked U.S.-Cuba diplomatic flames, wusf news (Aug. 12, 2022); Finch, Residents in Cuba wake-up to waist-deep water after Ian makes landfall, Accuweather.com (Sept. 7, 2022); Last Minute, Hurricane Ian: the center leaves Cuban soil, but continues to hit with intense  winds, rains and strong swells, Diario de Cuba (Sept. 27, 2022); Byrne, Latest AccuWeather Eye Path forecast takes Ian’s landfall south of Tampa, Acuweather (Sept. 27, 2022); Live: the passage of Hurricane Ian through Cuba, Granma.com (Sept. 27, 2022); Cuba Foreign Ministry, The economic blockade against Cuba must end, (Sept. 7, 2022).

[3] United States embargo against Cuba, Wikipedia; UN General Assembly calls for US to end Cuba embargo for 29th consecutive year, UN News (June 23, 2021); U.N., Schedule of General Assembly Plenary and Related Meetings (Sept. 27, 2022). See also posts listed in the “U.S. Embargo” section of List of Posts to dwkcommentaries—Topical: Cuba (as of 5/4/20].

[4] See posts listed in “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries: Topical—Cuba [as of 5/4/20].

[5] Ibid.

[6] See President Obama Rescinds U.S. Designation of Cuba as a “State Sponsor of Terrorism,” dwkcommentaries.com (April 15, 2015).

[7] Ibid.

[8] Crowley, Augustin & Semple, Pompeo Returns Cuba to Terrorism Sponsor List, Constraining Biden’s Plans, N.Y. Times (Jan. 11, 2021 & updated 2/15/21).

No Mention of Cuba in New U.S. Report on Terrorism

On November 1, 2019, the U.S. State Department released its latest annual report on terrorism in the world, this for calendar 2018.  It had no mention of Cuba. [1]

For the calendar years, 1981-2014, such reports listed Cuba as a “state sponsor of terrorism.” But the report for 2014 also stated, “on April 14, 2015, President Obama submitted to Congress the statutorily required report and certifications indicating the Administration’s intent to rescind Cuba’s State Sponsor of Terrorism designation, including the certification that Cuba has not provided any support for international terrorism during the previous six-months; and that Cuba has provided assurances that it will not support acts of international terrorism in the future. The required 45-day Congressional pre-notification period expired, and the Secretary of State made the final decision to rescind Cuba’s designation as a State Sponsor of Terrorism, effective on May 29, 2015.” [2]

Thereafter in the annual reports for 2015, 2016, 2017 and now 2018, Cuba was eliminated from this category. Moreover, for 2016, 2017 and now 2018 there was no mention of Cuba at all. [3]

At the press briefing on the report for 2016, a  journalist asked whether then Secretary of State Rex Tillerson himself had made the decision not to put Cuba back on the list of state sponsors since at his Senate confirmation hearing he had testified that he “wanted to examine the criteria under which Cuba was removed from the list” for the year 2014. [4]

At that briefing, a  State Department official responded: “Cuba was removed, and there is no requirement within the report for an individual chapter on every single country around the world. We produce chapters in the Country Reports based upon material, frankly, to include in the report. So it was assessed that there was not sufficient information there to provide a report this year on Cuba, but it was removed from the state sponsor list previously.”

The continued non-inclusion of Cuba as a “state sponsor of terrorism” in this latest report, in this blogger’s opinion, is the proper conclusion and perhaps a sign that the Trump Administration’s rhetoric about Cuba is louder and stronger than its bite. This also is good news in light of calls by some this year for re-designating Cuba as such a “sponsor.”[5]

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[1] State Dep’t, Country Reports on Terrorism 2018 (Nov. 1, 2019)

[2] State Dep’t, Country Reports on Terrorism 2014

[3] State Dep’t, Country Reports on Terrorism 2015 (June 2, 2016); U.S. State Dep’t, Country Reports on Terrorism 2016 (July 19, 2017); U.S. State Dep’t, Press Release: State Department Releases Country Reports on Terrorism 2016 (July 19, 2017); U.S. State Dep’t, Press Briefing: Acting Coordinator for Counterterrorism Justin Siberell on the Release of Country Reports on Terrorism 2016 (July 19, 2017); State Dep’t, Country Reports on Terrorism 2017 (Sept. 19, 2018).

[4] Welsh, State Department drops Cuba entirely from annual detail of terrorist activity, McClatchy (July 19, 2017); No Mention of Cuba in U.S. State Department’s Latest Report on Terrorism, dwkcommentareis.com (July 22, 2017).

[5]  U.S. Considering Re-Designating Cuba as “State Sponsor of Terrorism,” dwkcommentaries.com (Jan. 26, 2019);Congressmen Reiterate Call for Re-Designation of Cuba as “State Sponsor of Terrorism,” dwkcommentaries.com (Aug. 21, 2019).

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Congressmen Reiterate Call for Re-Designation of Cuba as “State Sponsor of Terrorism”

On July 10, 2019, two Republican Congressmen from Florida=–Mario Diaz-Balart and Francis Rooney– asked Secretary of State Pompeo to re-designate Cuba as a “state sponsor of terrorism.”[1]

Their letter said the following:

  • “We strongly commend you and President Trump and his administration for imposing tough sanctions on the brutal regime in Cuba, and for the unprecedented decision to allow lawsuits to proceed against traffickers in confiscated properties,” said Diaz-Balart. “With these key changes, there remains a major mistake of the previous administration to rectify: returning Cuba to the state sponsors of terrorism list. The Cuban regime smuggled weapons to North Korea, harbors fugitives including a convicted murderer on the FBI’s ‘Top Ten Most Wanted Terrorist’ list, and planted thousands of operatives in Venezuela. I look forward to working with the Trump administration to continue its commendable policy of applying pressure to oppressive, anti-American dictatorships. Classifying Cuba as a terrorist state is an important next step in that robust policy.”
  • “Four years ago, President Obama removed Cuba from the list of State Sponsors of Terrorism,” said  Rooney. “Despite this decision, Cuba has continued to support known terrorist organizations and corrupt dictators such as the regime of Nicolas Maduro in Venezuela and has continued to harbor known terrorists sought by American law enforcement.  Accordingly, I support the Administration’s firm stance toward our communist island neighbor and urge Secretary Pompeo and President Trump to redesignate Cuba as a State Sponsor of Terrorism.”
  • “The State Department defines State Sponsors of Terrorism as ‘Countries determined by the Secretary of State to have repeatedly provided support for acts of international terrorism are designated pursuant to three laws: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act.’”
  • “Taken together, the four main categories of sanctions resulting from designation under these authorities include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions,” the State Department adds. “Designation under the above-referenced authorities also implicates other sanctions laws that penalize persons and countries engaging in certain trade with state sponsors.”

Congressman Rooney separately stated, “Four years ago, president Obama removed Cuba from the list of State Sponsors of Terrorism. Despite this decision, Cuba has continued to support known terrorist organizations and corrupt dictators such as the regime of Nicolas Maduro in Venezuela, and has continued to harbor known terrorists sought by American law enforcement.  Accordingly, I support the Administration’s firm stance toward our communist island neighbor and urge Secretary Pompeo and President Trump to redesignate Cuba as a State Sponsor of Terrorism.”

Congressman Diaz-Balart added, “I commend President Trump and his administration for imposing tough sanctions on the brutal regime in Cuba, and for the unprecedented decision to allow lawsuits to proceed against traffickers in confiscated properties. With these key changes, there remains a major mistake of the previous administration to rectify: returning Cuba to the state sponsors of terrorism list. The Cuban regime smuggled weapons to North Korea, harbors fugitives including a convicted murderer on the FBI’s “Top Ten Most Wanted Terrorist” list, and planted thousands of operatives in Venezuela. I look forward to working with the Trump administration to continue its commendable policy of applying pressure to oppressive, anti-American dictatorships. Classifying Cuba as a terrorist state is an important next step in that robust policy.”

Congressman Rooney serves as the Ranking Member on the Subcommittee on the Western Hemisphere on the House Foreign Affairs Committee.

This proposed re-designation is a bad idea and should not be adopted.[2]

As of August 21, that re-designation has not happened. Nor have there been any further comments on the subject from these two Congressmen or from Secretary Pompeo or the State Department.

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[1] Derby, Return Cuba to ‘State Sponsors of Terrorism’ List, Urge Florida Congressmen, Sunshine State News (Julyu 11, 2019); Press Release, Diaz-Balart, Rooney Urge Secretary Pompeo to Reclassify Cuba as State Sponsor of Terrorism (July 10, 2019); Press Release, Reps. Rooney and Diaz-Balart Urge Secretary Pompeo to Re-classify Cuba as State Sponsor of Terrorism (July 10, 2019).

[2] See the posts through 06/20/15 listed in the “Cuba: State Sponsor of Terrorism?’ section of List of Posts to dwkcommentaries: Topical: CUBA;  See also these posts: U.S. and Cuba Discuss Counterterrorism Cooperation (June 10, 2016); No Mention of Cuba in U.S. State Department’s Latest Report on Terrorism (July 20, 2017); U.S. Considering Re-Designating Cuba as “State Sponsor of Terrorism,” (Jan. 26, 2019).

Cuba’s Suffering from Continued U.S. Hostility  

After the Obama Administration had taken steps to improve U.S. relations with Cuba, the Trump Administration has gone in the opposite direction, as discussed in many earlier posts.[1]

U.S. Actions and Policies Against Cuba

These negative actions and policies include the following: continuation of U.S. embargo of Cuba; elimination of one of the “general licenses” for U.S. nationals to travel to Cuba; cancelation of right of U.S. cruise ships to make stops on the island; reducing amount of money U.S. nationals legally may remit to relatives and friends in Cuba; allowing litigation in U.S. federal courts over alleged trafficking in U.S.-owned property on the island under the Halms-Burton Act; additions to the U.S. “Cuba Restricted List” of entities and sub entities with which U.S. nationals may not transact business; U.S. negative reports on Cuban human rights, religious freedom and human trafficking; unilateral U.S. report about increasing Cuban Internet access; U.S. consideration of re-designating Cuba as a State Sponsor of Terrorism and of re-instituting U.S. parole for Cuban medical professionals; additional U.S. sanctions against Cuba for its alleged support of Venezuela.[2]

While there are recent bilateral bills in Congress to end the embargo and enhance U.S. nationals’ rights to travel to Cuba, they have not received, and are unlikely to receive, any consideration in the current Senate and perhaps the House of Representatives.[3]

Negative Impact on Cuba of U.S. Actions and Policies[4]

The negative impact, especially of the recent U.S. limiting the ability of Americans to travel to the island, has especially harmed Cuba’s emerging private sector. For example, a website and app used to make reservations, rate restaurants, and pay for meals at most restaurants throughout Cuba (AlaMesa) had to reduce its staff from 20 to 12 in response to a 30 to 40% decline in reservations.

But “Cuba’s economic woes go beyond U.S. policy. The island, with one of the world’s last communist governments, has been caught in a perfect storm. Its economy has been stagnant for years, averaging only about 1 percent annual growth. Its centrally-planned economy imports over two-thirds of its food. Its ally, Venezuela, has been in political and economic turmoil, causing an overall decline in oil shipments from the South American country. The island’s medical exchange program, a major source of revenue, also took a blow. Last November, Cuba recalled 8,517 medical professionals from Brazil in response to President Jair Bolsonaro’s tough stance against Cuba.”

The U.S. allowance of litigation over alleged trafficking in Cuba property owned by Americans is seen as discouraging foreign investment today.

Recently “there have been shortages in basic goods such as eggs, cooking oil and chicken.”

Cuban Government’s Response to Rough Economic Conditions[5]

At the July 13 closing  session of the National Assembly, President Diaz-Canel reported that a series of emergency measures announced that month aimed to stimulate domestic production and he hoped for slight growth this year. “Even in the eye of the hurricane of adversity that the enemy conceived to suffocate us, the Cuban economy can grow slightly, thanks to the fact that we have the potential to resist and continue advancing in our development.” He added that the economy grew 2.2% in 2018, compared with an earlier estimate of 1.2%, and that stronger base would make it harder to reach this year’s goal of 1.5% growth.

The President also said there will be price controls and policies aimed at stimulating local production to meet increased consumer demand without sparking inflation.

The next week of July 15, Cuba experienced power outages and fuel shortages that prompted citizen concern about the possible emergence of a “Special Period II” of harsh economic shortages. Cuba Energy Commissioner Raul Garcia sought to reassure citizens that the power outages were due to breakdowns in power plants, not oil shortages, and that those outages would be fixed by the end of the week.

These measures came at a time when falling Cuban imports have caused scattered shortages of food, hygiene and other products across the country. Diaz-Canel admitted the country was suffering from a liquidity crisis and bureaucracy and was short on fuel. He called on officials and the public to join together in the national emergency and each do their part to move the country forward. “Putting aside vanities and selfishness, practicing honesty, industriousness and decency, we will also be contributing to GDP,” he said.

On August 2, the Cuban government for the first time published details of its foreign exchange earnings from services such as telecommunications, hotels, health and education assistance, in an apparent concession to creditors. The biggest export earner in 2018 was health services at $6.4 billion, followed by “support services” at $1.3 billion while hotel and related services garnered $970 million, followed by telecommunications at $722 million and transportation and support services, which includes everything from airlines to docking fees, at around $600 million. Total exports were $18.6 billion in 2013 and $14.5 billion last year, down from $18.6 billion in 2013. Imports fell from $15.6 billion to $12.6 billion.

All of these developments have resulted in an increase in the country’s foreign debt from $11.9 billion in 2013 to $18.2 billion in 2016, an increase of almost 53% percent.

Cuba Introduces Price Controls[6]

In early July  President Miguel Diaz-Canel announced that the government had adopted a series of emergency measures to fight economic stagnation and dwindling foreign currency earnings that began in 2015 as the economy of key ally Venezuela imploded, and that have been aggravated by a series of new U.S. sanctions. The measures included increased wages and pensions for more than 2 million state employees, amounting to more than 8 billion pesos annually, or close to 13 percent of this year’s budget. The President also said there will be price controls and policies aimed at stimulating local production to meet increased consumer demand without sparking inflation.

The other shoe dropped on July 30, when the President announced a ban on all retail and wholesale price increases except for products imported and distributed by the state where already-set profit margins cannot be increased. In recent weeks, regional authorities have slapped price controls on taxi fares, beverages and haircuts, among other items. The price controls differ from province to province.

These price controls are especially difficult for the private sector.

For example, on August 15, retail prices in Havana were set for some basic foods such as beans, pork, lemons, bananas, onions and cabbage. The retail price of pork, a staple of the Cuban diet, was set at 45 pesos a pound, although market sellers said it previously went for some 65 pesos a pound. And farmers still charge 28 pesos a pound for pork. Another example is lemons, which used to sell for 30 pesos a pound,  now has a new maximum price of 10 to 15 pesos, which is the same price that farmers charge for the lemons.

On August 12, Cuba  Minister of Finance and Prices, Meisi Bolaños, stated, “We are going to be rigorous with those who try, by means of devices, to evade and violate the new measures approved to avoid the increase in prices. . . . We cannot allow that measures like these that the country approves to boost the  economy and generate greater capacity to buy in the population to be spoiled by a few unscrupulous that cause Cubans to lose confidence in state control.” The Minister also denied that the purpose of the measures is “to stop the development of non-state forms.”

Economists assert that such price controls are ineffective. Andrew Zimbalist, a Cuba expert at U.S.’s Smith College, said, “Such measures are usually okay for short periods of time, but if they stay in place they begin to create serious distortions in the economy.” A similar opinion was expressed by Pavel Vidal, a former Cuban central bank economist who teaches at Colombia’s Universidad Javeriana Cali. He said, “The more they control prices in formal markets, the more inflation and instability there will be in informal markets and the less incentive the productive sector has.”

Experts also have criticized Cuba’s verbose regulations of the private sector that were introduced at the end of 2018. They concluded that these “regulations approved by the Council of Ministers were written in reverse: excessive documents (29) and processes that represent obstacles in the application process for licenses, cracking down on violations, excessive inspections, the definition of twenty-two oversight agencies for the private sector (with specific departments to deal with them), the new requirement of a bank account with two months’ worth of taxes as credit in this account, needing to pay payroll taxes from the very first employee, etc.”

Conclusion

 Obviously Cuba is in a very perilous situation that the U.S. has helped to create. All who support normalization of the two countries relations need to voice their opinions to their senators and representatives and to Trump Administration officials.

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[1] See List of Posts to dwkcommentaries—Topical: CUBA.

[2] E.g., Sabatinni, Trump Doubles Down on Failed Cuba Policy, N.Y. Times (July 24, 2019); U.S. Updates Cuba Restricted List (July 26, 2019); U.S. State Dep’t, State Department Updates the Cuba Restricted List (July 26, 2019); U.S. State Dep’t, List of Restricted Entities and Subentities Associated With Cuba as of July 26, 2019 (July 26, 2019); New U.S. Government Hostility Towards Cuba’s Medical Mission Program, dwkcommentareis.com (Aug. 14, 2019); “U.S. (Trump) and Cuba, 2016-2017,”  “U.S. (Trump) and Cuba (2018),” “U.S. (Trump) and Cuba, 2019,” “U.S. Parole Program for Cuban Medical Professionals, 2019,” “Cuba, Venezuela and U.S., 2019,”  “Cuba Restricted List, 2019,”  “ Helms-Burton Act Title III Authorization, 2019” and U.S. Embargo of Cuba, 2019” sections  in List of Posts to dwkcommentaries—Topical: Cuba.

[3] See these posts to dwkcommentaries.com: New Bill To End U.S. Embargo of Cuba (Feb. 9, 2019); Senator Leahy’s Senate Floor Speech To End Embargo of Cuba (Feb. 18, 2019); Congressional Bipartisan Bills for Reversal of U.S. Policies Regarding Cuba (Aug. 13, 2019).

[4] Sesin, In Cuba, entrepreneurs see a steep decline with Trump policies, NBC News (July 6, 2019); Cuba Says Fuel Shortage, Blackouts Are Temporary, Being Fixed, Reuters (July 19, 2019); Frank, Cuba hopes for slight growth as Trump pummels Caribbean island, Reuters (July 13, 2019).

[5]  Kuritzkes, The End of Cuba’s Entrepreneurship Boom, Foreign Policy (July 15, 2019); The decline in tourism from the United States to Cuba already feels strongly on island, France23 (July 18, 2019);Taylor, Cubans Talk About Impact of Trump Administration Travel Policy Changes, Travel Pulse (July 22, 2019); Myers, A Visit To Cuba Reveals Economic Pain of Trump’s Travel Ban, Travel Weekly (July 29, 2019); Eaton, Cuba Trying to Attract Tourists and Investors Even as U.S. Clamps Down, Tampa Bay Times (July 30, 2019); Reuters, Cuba Reveals Health, Hotel, Other Service Earnings, N.Y. Times (Aug. 2, 2019); Whitefield, Cuba Feels the Pinch of the Trump administration’s travel restrictions, L.A. Times (Aug. 11, 2019); Torres, Cuba’s foreign debt is on the rise despite big profits from medical services abroad, Miami Herald (Aug. 12, 2019);Myers, Taking the pulse of demand for Cuba travel, Travel Weekly (Aug. 13, 2019); The Cuban economy is increasingly indebted, official figures reveal, Diario de Cuba (Aug. 15, 2019).

[6] The Government of Havana sets maximum prices for sale of products, Cubadebate (July 28, 2019); Frank, Cuba, battling economic crisis, imposes sweeping price controls, Reuters (July 30, 2019); Vela, Cuba’s Price Control Is Short-Term Fix To Production Problems, Economist Says, ABC10 News  (July 30, 2019); Fuentes Puebla & Romeo Matos, Price control, a necessary complement to the salary increase in the budgeted sector, Cubadebate (Aug. 1, 2019); The Cuban Government warns that it will be relentless in the face of ‘artifice’ to avoid its price cap, Diario de Cuba (Aug. 13, 2019); Reuters, Cuban Government Imposes Price Controls as It Seeks to Keep Lid on Inflation, N.Y. Times (Aug. 15, 2019); Fernandez, It’s a Long and Winding Road for Cuba’s Private Sector, Havana Times (Aug. 15, 2019).

 

 

U.S. Considering Re-Designating Cuba as “State Sponsor of Terrorism” 

According to the Miami Herald, the U.S. is considering re-designating Cuba as a “State Sponsor of Terrorism” if Cuba’s government and military continue to support Nicolás Maduro in Venezuela. A senior U.S. official said,  ”What Cubans are doing in Venezuela is unacceptable,. And the United States is evaluating options to address that behavior.” [1]

This unnamed official added, ““The Cubans are executing a strategy to keep the military from second-guessing their support to Maduro. The only thing that is preventing the generals from supporting President Juan Guaidó is the surveillance Cubans are doing. What is keeping [Nicolas] Maduro going is Cuba’s logistical support.”

Another potential reason for such a re-designation is Cuba’s refusal so far to extradite Colombian leaders of the guerilla group ELN — in Havana for currently suspended peace negotiations —for suspected involvement in. last week’s fatal car bombing in Bogota. The Cuban government, however, condemned the attack, but said it would follow the protocols agreed at the start of peace negotiations in 2017. These provide security guarantees for guerrilla commanders to return to Colombia or Venezuela within 15 days of an end to talks and bar military offensives for 72 hours. [2]

Reactions

This possible re-designation predictably was endorsed by Senator Marco Rubio. He said, “Maduro had ‘bought’ the loyalty of the largely corrupt generals. They are also loyal, by the way, because the Cubans are spying on them. The Cuban intelligence agencies quickly pick up on any of these military officers that are being disloyal or expressing doubts and those guys are arrested. There has been a massive purge of Venezuelan military officers over the last two years … And it wasn’t because of corruption … It was because the Cubans caught them and reported them.”

According to William LeoGrande, a Cuba expert and American University professor, “Putting Cuba back on the list of state sponsors of international terrorism would not have a major practical impact on Cuba because almost all the financial sanctions that such a designation entails are already in place under the broader Cuban embargo. However, Cuba would take it as a great insult, and it would certainly have an extremely negative effect on state-to-state cooperation on issues of mutual interest.”

LeoGrande added, ““The Cuban government certainly recognizes that Maduro’s situation is dire and the worst outcome for Cuba would be complete regime collapse through civil violence or external military intervention. Regime collapse would probably mean an immediate end to Venezuelan oil shipments to Cuba — a blow to [Cuba’s] already fragile economy. Cuba would be willing to help find a negotiated political solution to the Venezuelan crisis . . . but only if both Maduro and the opposition are willing to seek such a solution. At the moment, neither side seems willing to accept any compromise. As a result, the Cubans are essentially stuck with Maduro, even as the chances for his survival diminish.”

Another U.S. expert on Cuba, Ted Henken, a professor at Baruch College, said, “Returning Cuba to the list could be disastrous for the Cuban economy because it would scare away desperately needed foreign investments, already very small.”

Background

The State Department summarizes the statutory requirements for “state sponsor of terrorism” as a state that has been “determined [by the Secretary of State] to have repeatedly provided support for acts of international terrorism.” [3]

The Cuban government was on the list of countries that sponsor terrorism from 1982 until 2015, when the Obama administration ruled the island was no longer supporting terrorist organizations. More specifically, the State Department in April 2015 stated its recommendation to President Obama for rescission “reflects the Department’s assessment that Cuba meets the criteria established by Congress for rescission . . . . whether Cuba provided any support for international terrorism during the previous six months, and whether Cuba has provided assurances that it will not support acts of international terrorism in the future.” This conclusion was based, in part, upon “corroborative assurances received from the Government of Cuba. [4]

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

[1] Gamez Torres, U.S. considers putting Cuba on terror list over island’s support of Maduro, Miami Herald (Jan. 25, 2019).

[2[ Reuters, Cuba Urges Colombia, ELN Rebels to Follow Peace Talks Protocol, N.Y. times (Jan. 26, 2019).

[3] State Dep’t, State Sponsor of Terrorism. The three statues are section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act.

[4] President Obama Rescinds U.S. Designation of Cuba as a “State Sponsor of Terrorism,” dwkcommentaries.com (April 15, 2015). See also other posts listed in the “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries—Topical (CUBA).

No Mention of Cuba in U.S. State Department’s Latest Report on Terrorism

On July 19, 2017, the U.S. State Department released its Country Reports on Terrorism 2016. One of its chapters lists these three countries as “state sponsors of terrorism:” Iran, Sudan and Syria. Other chapters discuss the terrorism records of most countries in the world.[1]

This Reports document, however, made no mention of Cuba or statement as to the reasons for this omission.[2] This was in sharp contrast to previous reports for the years 1981-2013, that listed Cuba as a “state sponsor of terrorism” (i.e., the government of a country that has “repeatedly provided support for acts of international terrorism”) and the removal of Cuba from that category for 2014 and 2015.

At the press briefing on the latest Reports, a journalist asked whether Secretary of State Tillerson himself had made the decision not to put Cuba back on the list of state sponsors since at his Senate confirmation hearing he had testified that he “wanted to examine the criteria under which Cuba was removed from the list” in 2015 for the year 2014.[3]

The State Department official responded: “Cuba was removed, and there is no requirement within the report for an individual chapter on every single country around the world. We produce chapters in the Country Reports based upon material, frankly, to include in the report. So it was assessed that there was not sufficient information there to provide a report this year on Cuba, but it was removed from the state sponsor list previously.”

Conclusion

The non-inclusion of Cuba as a “state sponsor of terrorism” in this latest report, in this blogger’s opinion, is the proper conclusion and perhaps is a sign that the Trump Administration’s rhetoric about Cuba is louder and stronger than its bite. Let us hope.

Moreover, the statement that the State Department did not have sufficient information about Cuban counterterrorism efforts to include Cuba in the latest report is disingenuous. From December 2014 through January 19, 2017 (the last full day of the Obama Administration), the U.S. and Cuba held discussions about their respective counterterrorism efforts, and on January 16, 2017 the two countries signed a Memorandum of Understanding on Law Enforcement that provided for cooperation on various matters, including “the fight against terrorism.” These discussions, although not a matter of public information, must have provided the U.S. with significant information about Cuba’s counterterrorism efforts.[4]]

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[1] U.S. State Dep’t, Country Reports on Terrorism 2016 (July 19, 2017); U.S. State Dep’t, Press Release: State Department Releases Country Reports on Terrorism 2016 (July 19, 2017); U.S. State Dep’t, Press Briefing: Acting Coordinator for Counterterrorism Justin Siberell on the Release of Country Reports on Terrorism 2016 (July 19, 2017).

[2] Welsh, State Department drops Cuba entirely from annual detail of terrorist activity, McClatchy (July 19, 2017).

[3] Previous State Department reports about Cuba and terrorism have been discussed in posts to this blog. See posts listed in the “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries—Topical: Cuba.

[4]  See these posts to dwkcommentaries: United States and Cuba Hold Second Law Enforcement Dialogue (May 19, 2016); U.S. and Cuba Discuss Counterterrorism Cooperation (June 10, 2016); President Obama Issues Presidential Policy Directive—United States-Cuba Normalization (Oct. 14, 2016); U.S. and Cuba Continue to Implement Normalization of Relations (Jan. 17, 2017).

 

 

More Reasons To Believe There Is a Dim Future for U.S.-Cuba Normalization   

Tomorrow the new Republican-controlled Congress convenes with the presidential inauguration of Donald Trump coming on January 20, and on their agendas is “unraveling some of the most significant policy prescriptions put forward by the Obama administration.”[1]

Most of this speculation about upcoming changes in national policies does not include cancelling Obama’s policy of normalization of relations with Cuba. But as prior posts have indicated, President-Elect Trump’s most recent statements have criticized that policy as have Vice President-Elect Mike Pence and some of the appointees to the transition team and the new administration, especially Reince Priebus, the new White House Chief of Staff; Cuban-American Mauricio Claver-Carone, a transition team member for the Department of the Treasury; Mike Pompeo, a Congressman from Kansas and the nominee for Director of the CIA; and General Michael Flynn, the proposed White House National Security Advisor. [2]

In addition, three more Cuban-Americans have been appointed to the transition team, two of whom have been opposed to such normalization. They are (1) Yleem Poblete, who has been assigned to the transition team for the National Security Council; (2) John Barsa, who will work with the Homeland Security team; and (3) Carlos E. Díaz-Rosillo, who will work on policy implementation. [3] Here is a preliminary examination of these appointees.

Yleem Poblete.

For nearly two decades Yleem Poblete has advised members of Congress on a wide variety of global issues as a member and director of the staff of the House Foreign Affairs Committee. She also co-leads a consulting group, The Poblete Analysis Group, with her husband, also a Cuban-American, Jason Poblete. She also has served as an assistant professor and researcher for the director of the Institute of Inter-American Studies at the University of Miami.[4]

She and her husband have written articles critical of President Obama’s pursuit of normalization with Cuba. They argued that Cuba was a ‘state sponsor of terrorism,” a designation rescinded by the State Department in May 2015; that the re-opening of the Cuban Embassy in Washington, D.C. increased the risk of Cuban spying on the U.S.; and that Cuba was a “pariah state [that] has earned every punitive measure imposed by the U.S.;” it “helped create and grow the Western Hemisphere drugs for arms network;” its “[h]ostile acts carried out by Havana’s spy recruits in the U.S. government are linked to American deaths;” it “also continues to collaborate with fellow rogues such as Iran;” it “harbors terrorists, as well as murderers and other dangerous fugitives of U.S. justice.”[5]

After the death of Fidel Castro last November she tweeted, “Lost in talk of #castrodeath is #cuba regime murder of Americans, safe haven 4 terrorists & US fugitives, #Iran ties, arms to #NorthKorea.”

John Barsa

Barsa was the first director of the Department of Homeland Security Public Liaison Office, where he worked with the Department’s Secretaries Tom Ridge and Michael Chertoff. Barsa also has experience with high-tech companies and was an assistant to Florida Republican Congressman, Lincoln Diaz-Balart, a Cuban-American known for his opposition to normalization. After Fidel Castro’s death, Barsa said, ““The contrast between Obama’s and Trump’s statements on the death of Fidel Castro is refreshing. MAKE CUBA GREAT AGAIN.” Barsa is a graduate in International Relations from the International University of Florida.[6]

Diaz-Rosillo.

According to his Harvard University biography, Diaz-Rosillo is a lecturer on government at Harvard University; Allston Burr Assistant Dean of Harvard College, Dunster House; and director of transfer advising at Harvard College. His research focuses on the American presidency, campaigns and elections, political leadership, public policy, and comparative chief executive politics. His work examines the different instruments of power that chief executives have at their disposal to affect policy. He holds undergraduate degrees summa cum laude in international relations (BA) and civil engineering (BSCE) from Tufts University, as well as graduate degrees in public policy (MPP) and government (AM, PhD) from Harvard University.[7]

Internet research did not uncover any statements by him about Cuba.

Conclusion

As a prior post stated, there regrettably are grounds for believing there is a dim future for continuation of normalization of U.S.-Cuba relations. Those of us in the U.S. who believe that this is an erroneous move need to continue to advocate for normalization and to share that opinion with our Senators and Representatives, the Trump Administration and our fellow U.S. citizens.

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

[1] E.g., Steinhauer, With New Congress Poised to Convene, Obama’s Policies Are in Peril, N.Y. Times (Jan. 1, 2017).

[2] U.S. Reactions to Death of Fidel Castro, dwkcommentaries.com (Nov. 30, 2016); The Future of U.S.-Cuba Normalization Under the Trump Administration, dwkcommentaries.com (Dec. 22, 2016).

[3] People of the Year: DIARIO DE CUBA names the most noteworthy persons of the year, Diario de Cuba (Dec. 27, 2016).

[4] Cuban-American Trump Transition Team to National Security Council, News Marti (Dec. 1, 2016); Dr. Yleem Poblete, The Poblete Analysis Group.

[5] Poblete & Poblete, Yes, Cuba is a State Sponsor of Terrorism, Nat’l Review (Jan. 6, 2015); Poblete & Poblete, The U.S.-Cuba Deal Heightens the Spy Threat, W.S.J. (Jan 12, 2015) 2015); Poblete & Poblete, U.S. Cuba policy: Myth v. reality, The Hill (Jan. 26, 2015).

[6] A [fourth] Cuban American . . . joins Trump’s transition team, Diario de Cuba (Dec. 6, 2016); Secretary—John Barsa, Republican National Hispanic Assembly of Virginia; Prieto, The Mark of the Zorro; Cuban Americans in Trump’s Team, OnCuba (Dec. 15, 2016).

[7] Harvard University, Carlos E. Diaz-Rosillo, PhD.

 

 

Additional Details About White House’s Announcement of U.S.-Cuba Reconciliation

White House
White House

On December 17, 2014, President Barack Obama in a nationally televised speech announced the historic agreement with Cuba to restore diplomatic relations as one part of a reconciliation with Cuba. That same day the White House website had (a) “FACT SHEET: Charting a New Course in Cuba;” (b) “Background Conference Call on Policy Changes in Cuba and Release of Alan Gross;” and (c) “Readout of the Vice President’s Calls to the Presidents of Colombia and Mexico on the Administration’s Cuba Policy Changes.”

After reviewing these documents, the post will conclude with observations on some of the points raised in these documents.

“FACT SHEET: Charting a New Course in Cuba”

The introduction to the FACT SHEET, among other things, said, “It is clear that decades of U.S. isolation of Cuba have failed to accomplish our enduring objective of promoting the emergence of a democratic, prosperous, and stable Cuba. . . . It does not serve America’s interests, or the Cuban people, to try to push Cuba toward collapse.  We know from hard-learned experience that it is better to encourage and support reform than to impose policies that will render a country a failed state.  With our actions today, we are calling on Cuba to unleash the potential of 11 million Cubans by ending unnecessary restrictions on their political, social, and economic activities.” (Emphasis added.)

The FACT SHEET then provided the following “Key Components of the Updated Policy Approach:”

“Establishing diplomatic relations with Cuba-

  • The President has instructed the Secretary of State to immediately initiate discussions with Cuba on the re-establishment of diplomatic relations with Cuba, which were severed in January 1961.
  • In the coming months, we will re-establish an embassy in Havana and carry out high-level exchanges and visits between our two governments as part of the normalization process.  As an initial step, the Assistant Secretary of State for Western Hemisphere Affairs will lead the U.S. Delegation to the next round of U.S.-Cuba Migration Talks in January 2015, in Havana.
  • U.S. engagement will be critical when appropriate and will include continued strong support for improved human rights conditions and democratic reforms in Cuba and other measures aimed at fostering improved conditions for the Cuban people. (Emphasis added.)
  • The United States will work with Cuba on matters of mutual concern and that advance U.S. national interests, such as migration, counternarcotics, environmental protection, and trafficking in persons, among other issues.” (Emphasis added.)

“Adjusting regulations to more effectively empower the Cuban people-

  • The changes announced today will soon be implemented via amendments to regulations of the Departments of the Treasury and Commerce.   Our new policy changes will further enhance our goal of empowering the Cuban population.
  • Our travel and remittance policies are helping Cubans by providing alternative sources of information and opportunities for self-employment and private property ownership, and by strengthening independent civil society. 
  • These measures will further increase people-to-people contact; further support civil society in Cuba; and further enhance the free flow of information to, from, and among the Cuban people.  Persons must comply with all provisions of the revised regulations; violations of the terms and conditions are enforceable under U.S. law.”

“Facilitating an expansion of travel under general licenses for the 12 existing categories of travel to Cuba authorized by law-

  • General licenses will be made available for all authorized travelers in the following existing categories: (1) family visits; (2) official business of the U.S. government, foreign governments, and certain intergovernmental organizations; (3) journalistic activity; (4) professional research and professional meetings; (5) educational activities; (6) religious activities; (7) public performances, clinics, workshops, athletic and other competitions, and exhibitions; (8) support for the Cuban people; (9) humanitarian projects; (10) activities of private foundations or research or educational institutes; (11) exportation, importation, or transmission of information or information materials; and (12) certain export transactions that may be considered for authorization under existing regulations and guidelines. 
  • Travelers in the 12 categories of travel to Cuba authorized by law will be able to make arrangements through any service provider that complies with the U.S. Treasury’s Office of Foreign Assets Control (OFAC) regulations governing travel services to Cuba, and general licenses will authorize provision of such services. 
  • The policy changes make it easier for Americans to provide business training for private Cuban businesses and small farmers and provide other support for the growth of Cuba’s nascent private sector.  Additional options for promoting the growth of entrepreneurship and the private sector in Cuba will be explored.”

“Facilitating remittances to Cuba by U.S. persons–

  • Remittance levels will be raised from $500 to $2,000 per quarter for general donative remittances to Cuban nationals (except to certain officials of the government or the Communist party); and donative remittances for humanitarian projects, support for the Cuban people, and support for the development of private businesses in Cuba will no longer require a specific license.
  • Remittance forwarders will no longer require a specific license.”

“Authorizing expanded commercial sales/exports from the United States of certain goods and services-

  • The expansion will seek to empower the nascent Cuban private sector.  Items that will be authorized for export include certain building materials for private residential construction, goods for use by private sector Cuban entrepreneurs, and agricultural equipment for small farmers.  This change will make it easier for Cuban citizens to have access to certain lower-priced goods to improve their living standards and gain greater economic independence from the state.”

“Authorizing American citizens to import additional goods from Cuba-

  • Licensed U.S. travelers to Cuba will be authorized to import $400 worth of goods from Cuba, of which no more than $100 can consist of tobacco products and alcohol combined.”

“Facilitating authorized transactions between the United States and Cuba-

  • U.S. institutions will be permitted to open correspondent accounts at Cuban financial institutions to facilitate the processing of authorized transactions.
  • The regulatory definition of the statutory term “cash in advance” will be revised to specify that it means “cash before transfer of title”; this will provide more efficient financing of authorized trade with Cuba.
  • U.S. credit and debit cards will be permitted for use by travelers to Cuba.
  • These measures will improve the speed, efficiency, and oversight of authorized payments between the United States and Cuba.”

“Initiating new efforts to increase Cubans’ access to communications and their ability to communicate freely-

  • Cuba has an internet penetration of about five percent—one of the lowest rates in the world.  The cost of telecommunications in Cuba is exorbitantly high, while the services offered are extremely limited.
  • The commercial export of certain items that will contribute to the ability of the Cuban people to communicate with people in the United States and the rest of the world will be authorized.  This will include the commercial sale of certain consumer communications devices, related software, applications, hardware, and services, and items for the establishment and update of communications-related systems.
  •  Telecommunications providers will be allowed to establish the necessary mechanisms, including infrastructure, in Cuba to provide commercial telecommunications and internet services, which will improve telecommunications between the United States and Cuba.”

“Updating the application of Cuba sanctions in third countries-

  • U.S.-owned or -controlled entities in third countries will be generally licensed to provide services to, and engage in financial transactions with, Cuban individuals in third countries.  In addition, general licenses will unblock the accounts at U.S. banks of Cuban nationals who have relocated outside of Cuba; permit U.S. persons to participate in third-country professional meetings and conferences related to Cuba; and, allow foreign vessels to enter the United States after engaging in certain humanitarian trade with Cuba, among other measures.”

“Pursuing discussions with the Cuban and Mexican governments to discuss our unresolved maritime boundary in the Gulf of Mexico-

  • Previous agreements between the United States and Cuba delimit the maritime space between the two countries within 200 nautical miles from shore.  The United States, Cuba, and Mexico have extended continental shelf in an area within the Gulf of Mexico where the three countries have not yet delimited any boundaries.
  • The United States is prepared to invite the governments of Cuba and Mexico to discuss shared maritime boundaries in the Gulf of Mexico”

“Initiating a review of Cuba’s designation as a State Sponsor of Terrorism-

  • The President has instructed the Secretary of State to immediately launch such a review, and provide a report to the President within six months regarding Cuba’s support for international terrorism.  Cuba was placed on the list in 1982.”[1]

“Addressing Cuba’s participation in the 2015 Summit of the Americas in Panama-

  • President Obama will participate in the Summit of the Americas in Panama.  Human rights and democracy will be key Summit themes.  Cuban civil society must be allowed to participate along with civil society from other countries participating in the Summit, consistent with the region’s commitments under the Inter-American Democratic Charter.  The United States welcomes a constructive dialogue among Summit governments on the Summit’s principles.” (Emphasis added.)

“Unwavering Commitment to Democracy, Human Rights, and Civil Society

A critical focus of our increased engagement will include continued strong support by the United States for improved human rights conditions and democratic reforms in Cuba.  The promotion of democracy supports universal human rights by empowering civil society and a person’s right to speak freely, peacefully assemble, and associate, and by supporting the ability of people to freely determine their future.   Our efforts are aimed at promoting the independence of the Cuban people so they do not need to rely on the Cuban state. (Emphasis added.)

The U.S. Congress funds democracy programming in Cuba to provide humanitarian assistance, promote human rights and fundamental freedoms, and support the free flow of information in places where it is restricted and censored.  The Administration will continue to implement U.S. programs aimed at promoting positive change in Cuba, and we will encourage reforms in our high level engagement with Cuban officials. (Emphasis added.)

The United States encourages all nations and organizations engaged in diplomatic dialogue with the Cuban government to take every opportunity both publicly and privately to support increased respect for human rights and fundamental freedoms in Cuba. 

Ultimately, it will be the Cuban people who drive economic and political reforms.  That is why President Obama took steps to increase the flow of resources and information to ordinary Cuban citizens in 2009, 2011, and today.  The Cuban people deserve the support of the United States and of an entire region that has committed to promote and defend democracy through the Inter-American Democratic Charter.”

Background Conference Call 

On December 17 two hours before President Obama’s speech to the nation, the White House conducted an hour-long “background” conference call with journalists and seven unnamed senior administration officials regarding these matters.

Among other things, one of the officials said the U.S. expects that “we’ll continue to have strong differences, particularly on issues related to democracy and human rights.  The [U.S.] will continue to promote our values.  We will continue to support civil society in Cuba.  We’ll continue our democracy programming.” In President Obama’s December 16th telephone call with President Raúl Castro, Obama “made clear his intent . . . to continue our advocacy for human rights in Cuba.”

A State Department official stated the U.S. would not reduce its “emphasis on human rights, on democracy, on the importance of civil society. . . . In fact, our emphasis on human rights will be just as strong and we believe more effective under this policy.  We will engage directly with the Cuban government on human rights.”

For example, the State Department official stated a U.S. diplomat in Havana “will be meeting with members of Cuban society and dissidents later today to walk them through the President’s initiatives of today, and to emphasize to them, as well, that their efforts on behalf of democracy and human rights in Cuba not only won’t be forgotten in these initiatives, but will, in fact, take center stage.”

In response to a question as to whether there were discussions with Cuba about “USAID programs that have been pretty controversial in Cuba,” an administration official said U.S. “democracy programming . . . did factor into the discussions [with Cuba].  The Cubans do not like our democracy programming.  They consistently protest those initiatives. . . . [The U.S., however,] made clear that we’re going to continue our support for civil society for the advancement of our values in Cuba.  [This] . . . was an issue of difference that we will continue to have with Cuba, and we fully expect them to raise those issues just as we will raise issues with the Cubans about democracy and human rights.  However, we’re going to do that through a normal relationship.  We’re going to do that through our embassy in Havana.  We’re going to do that through contacts between our various agencies.”[2]

Vice President Biden’s Telephone Calls with Presidents of Colombia and Mexico

The White House reported that Vice President Joe Biden made telephone calls about the new initiatives with Cuba  to President Juan Manuel Santos of Colombia and to President Enrique Pena Nieto of Mexico. After outlining the agreement, Biden told each of them that President Obama intended to attend the Summit of the Americas in Panama next April “as long as Cuban civil society is allowed to participate and human rights and democracy are on the agenda.” In the call to President Nieto, Biden said that the U.S. would initiate discussions with Cuba and Mexico about the unresolved maritime boundary of the Gulf of Mexico.

Conclusion

I concur in most of the FACT SHEET’s assertions about democracy and human rights that suggest that the U.S. will engage and work with the Cuban government to improve the Cuban people’s political, social and economic rights and that the U.S. no longer will seek to impose such rights or values on the Cuban people through covert or “discreet” programs. These statements are the following:

  • (i)  “It does not serve America’s interests, or the Cuban people, to try to push Cuba toward collapse.  We know from hard-learned experience that it is better to encourage and support reform than to impose policies that will render a country a failed state.  With our actions today, we are calling on Cuba to unleash the potential of 11 million Cubans by ending unnecessary restrictions on their political, social, and economic activities.”
  • (ii)  “U.S. engagement will be critical when appropriate and will include continued strong support for improved human rights conditions and democratic reforms in Cuba and other measures aimed at fostering improved conditions for the Cuban people.”
  • (iii) “A critical focus of our increased engagement will include continued strong support by the United States for improved human rights conditions and democratic reforms in Cuba.  The promotion of democracy supports universal human rights by empowering civil society and a person’s right to speak freely, peacefully assemble, and associate, and by supporting the ability of people to freely determine their future.   Our efforts are aimed at promoting the independence of the Cuban people so they do not need to rely on the Cuban state.”
  • (iv) The U.S. “will encourage [such] reforms in our high level engagement with Cuban officials.”

Other statements in the FACT SHEET, however, seems to undercut this benign interpretation: (i) “The U.S. Congress funds democracy programming in Cuba to provide humanitarian assistance, promote human rights and fundamental freedoms, and support the free flow of information in places where it is restricted and censored.  The Administration will continue to implement U.S. programs aimed at promoting positive change in Cuba. . . .” (ii) “The U.S. Congress funds democracy programming in Cuba to provide humanitarian assistance, promote human rights and fundamental freedoms, and support the free flow of information in places where it is restricted and censored.  The Administration will continue to implement U.S. programs aimed at promoting positive change in Cuba.” [3]

According to the FACT SHEET, “President Obama will participate in the Summit of the Americas in Panama.  Human rights and democracy will be key Summit themes.  Cuban civil society must be allowed to participate along with civil society from other countries participating in the Summit.” The account of the Vice President’s telephone calls, however, seems to add that President Obama intends to attend the Summit of the Americas in Panama next April “as long as Cuban civil society is allowed to participate and human rights and democracy are on the agenda.” I was surprised and disappointed to read that there was a precondition to Obama’s attending the summit: Cuba’s allowing members of its civil society to attend and participate in the Summit. While it may be a good idea to have civil society representatives from all countries, including Cuba, attend and participate, I think it unwise for the U.S. to provide Cuba with a veto on Obama’s attendance if it does not have such representatives there. I hope that this interpretation of the Vice President’s remarks is unfounded.

I am unaware of the details of the dispute about the maritime boundaries of the Gulf of Mexico, but assume that it relates to oil or other resources under the Caribbean.

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[1] Prior posts discussed the legal and political issues of rescinding the designation of Cuba as a “State Sponsor of Terrorism” and the U.S.’ previous concessions that Cuba has provided assurances that it will not commit future acts of terrorism.

[2] On December 20th Secretary of State John Kerry, Secretary of Commerce Penny Pritzker and Treasury Secretary Jacob J. Lew co-authored an article in the Miami Herald. It said the U.S. would have “continued strong support for improved human-rights conditions and democratic reforms in Cuba” and would “continue to implement programs to promote positive change in Cuba.”

[3] The previous democracy/human rights programs of the U.S. Agency for International Development (USAID) and the Department of State will be part of a subsequent post about the recent controversy about Cuba’s cancellation of n “open-microphone” event and arrests of its organizers.

The U.S. Has Conceded Many Reasons Why Cuba Has Provided Assurances That It Will Not Support Future Acts of International Terrorism

As mentioned in a prior post, the U.S. since December 17, 2014, has been investigating whether it may rescind the Department of State’s designation of Cuba as a “State Sponsor of Terrorism” under provisions of Section 6 (j) (4) of the Export Administration Act (50 U.S.C. § 2405(j)(4)). That statute allows any president to make such a rescission by submitting to Congress, at least 45 days in advance, “a report justifying the rescission and certifying that (i) the government concerned has not provided any support for international terrorism during the preceding six-month period; and (ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future.” (Emphasis added.)

Cuba has been put into the “State Sponsor” designation every year since 1982, and this blogger has read and reviewed all of the State Department annual terrorism reports that are available online (1996-2013). The five most recent reports (2009-2013) have been subjected to detailed analysis in blog posts with the conclusion that said designations of Cuba are absurd, ridiculous, stupid and cowardly. Those are the posts covering the reports for 2009, 2010, 2011, 2011 (supplement), 2012,  2013, 2013 (supplement).

One of the reasons why those designations are not justified is a collection of U.S. admissions in these very reports that in essence say that Cuba already “has provided assurances that it will not support acts of international terrorism in the future,” one of the statutory grounds for rescission of the designation. Here are at least some of those admissions, the details of which can be found in the previously mentioned blog posts:

  • In 2001 (after 9/11) Cuba “signed all 12 UN counterterrorism conventions as well as the Ibero-American declaration on terrorism.” After 9/11, “the Cuban government and official media publicly condemned acts of terrorism by al-Qa’ida and affiliates.”
  • “Cuba no longer supports armed struggle in Latin America and other parts of the world.”
  • “There was no evidence that Cuba had sponsored specific acts of terrorism,” and “no indication that the Cuban government provided weapons or paramilitary training to terrorist groups.”
  • In 2010 the Government of Cuba was “aware of the border integrity and transnational security concerns posed by such transit and investigated third country migrant smuggling and related criminal activities. In November [2010], the [Cuban] government allowed representatives of the [U.S.] Transportation Security Administration to conduct a series of airport security visits throughout the island.”
  • In 2010 “the Cuban government continued to aggressively pursue persons suspected of terrorist acts in Cuba.”
  • In 2010 the Government of Cuba “maintained a public stance against terrorism and terrorist financing.”
  • There was “no evidence of terrorist-related money laundering or terrorist financing activities in Cuba” and “no evidence of direct financial support for terrorist organizations by Cuba.”
  • Cuba has adopted laws permitting the tracking, blocking, or seizing terrorist assets (Cuba’s Law 93 Against Acts of Terrorism and Instruction 19 of the Superintendent of the Cuban Central Bank).
  • After the multilateral “Financial Action Task Force (FATF) identified Cuba as “having strategic AML/CFT [Anti-Money Laundering/Combating the Financing of Terrorism] deficiencies,” Cuba in 2012 “became a member of the Financial Action Task Force of South America against Money Laundering [GAFISUD], a FATF-style regional body. With this action, Cuba has committed to adopting and implementing the FATF Recommendations.” Thereafter Cuba “officially engaged with the FATF and has also attended [the meetings of the relevant regional organizations] CFATF [Caribbean Financial Action Task Force] and GAFISUD.”

Although not mentioned in the U.S. reports, FATF in June 2014 said, “ Cuba has made significant progress to improve its AML/CFT regime.” Four months later (October 2014), “FATF welcomes Cuba’s significant progress in improving its AML/CFT regime and notes that Cuba has established the legal and regulatory framework to meet its commitments in its action plan. . . . Cuba therefore is no longer subject to the FATF’s monitoring process. . . . Cuba will work with GAFISUD to further strengthen its AML/CFT regime.”

Also not mentioned in the U.S. terrorism reports was the CIA’s judgment in August 2003 that ‘We have no credible evidence, however, that the Cuban government has engaged in or directly supported international terrorist operations in the past decade, although our information is insufficient to say beyond a doubt that no collaboration has occurred.”

In addition to these U.S. admissions, Cuba publicly has stated that its “territory has never been and never will be utilized to harbor terrorists of any origin, nor for the organization, financing or perpetration of acts of terrorism against any country in the world, including the [U.S.]. . . .  The Cuban government unequivocally rejects and condemns any act of terrorism, anywhere, under any circumstances and whatever the alleged motivation might be.”

Although not mentioned in the U.S. reports, in 2002, the government of Cuba proposed to the U.S. the adoption of a bilateral agreement to confront terrorism, an offer that it reiterated in 2012, without having received any response from the U.S.

 Conclusion

As a result, I am confident that the Department of State’s investigation will conclude that Cuba “has provided assurances that it will not support acts of international terrorism in the future,” one of the statutory grounds for rescission of the designation; that the other ground–Cuba “has not provided any support for international terrorism during the preceding six-month period”—will be satisfied; and that the President will decide, presumably this June, to rescind the designation effective 45 days thereafter.

Then the focus will shift first to Congress to see whether it will adopt a joint resolution against the rescission. If it does, presumably President Obama will veto the joint resolution. Then focus would return to Congress to see if there are the necessary two-thirds votes in each chamber to override the veto.

U. S. citizens supporting the U.S.-Cuba reconciliation should follow this issue closely and lobby their Senators and Representatives to oppose any measure to countermand a presidential decision for rescission.