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

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

 U.S. Reactions[1]

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

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

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

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

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Sanford (Rep., SC), who is the author of a pending bill for freedom to travel to Cuba, said the new regulations were “outdated and an unfair limitation of American freedom.”

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

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

Cuba Reactions[2]

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

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

Conclusion

 This blogger sides with the critics of the new regulations.

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

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

 

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).

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[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).

Update on Congressional Actions Regarding Cuba 

A June 12th post reviewed the status of appropriations bills relating to Cuba in the U.S. House of Representatives. Now we look at what happened last week in Congress on these and other measures.

National Defense Authorization Act FY 2016[1]

On June 18, the Senate passed its version of the spending authorization for the Department of Defense for Fiscal Year 2016.

The White House threatened to veto the bill. The main bone of contention is the bill’s continuation of sequestration of funds and use of so-called budget gimmicks. The White House opposes also opposes the bill because it contains language that it claims would make it hard to shutter the U.S. prison facility in Guantánamo Bay, Cuba. It calls the process for winning congressional approval of closing Guantánamo “unnecessary and overly restrictive.”

The same day, however, Senator John McCain (Rep., AZ) said that Defense Secretary Aston Carter had pledged to come forward to Congress with a plan to close the Guantanamo prison facility. Even if the administration hands over a plan to close the facility, however, it’s unclear if it could get passed through Congress. McCain’s proposal divided Republicans on the Senate Armed Services Committee and he faces opposition from House lawmakers.

Now the Senate and House have to confer and negotiate a bill that can pass both chambers. One of the major challenges are the different provisions regarding the Guantanamo detention facility and detainees:

  • The Senate’s version of the bill provides the President with a path to close the prison in Guantanamo if Congress signs off on the plan.
  • The House version does not include an option for closing the prison, but instead would maintain restrictions on transferring prisoners. The House bill also adds additional certification requirements, bans detainees from being transferred to “combat zones” and blocks any transfers of prisoners to the United States including for medical purposes.

Intelligence Authorization Act, FY 2016 (H.R.2596)[2]

On June 16 the House passed, 247-178, the Intelligence Authorization Act FY 2016 (H.R.2596). It outlines policy for 16 federal intelligence agencies, including the CIA and .the National Reconnaissance Agency. After the vote, John Boehner (Rep., OH), the Speaker of the House, said, “This bill sustains and strengthens our capabilities to combat terrorism, cyberattacks, and the proliferation of weapons of mass destruction, while making every taxpayer dollar count.”

The bill’s sections 321 would ban the transfer of certain Guantanamo detainees to the U.S.; section 322 would ban the construction or modification of U.S. facilities to house certain Guantanamo detainees; and section 323 would ban transfer of Guantanamo detainees to combat zones. Sections 331 and 333 would require certain reports to Congress regarding such detainees.

Rep. Adam Schiff (Dem., CA), the top Democrat on the Intelligence Committee, criticized the bill’s banning the government from transferring such detainees to the U.S. or a recognized “combat zone.” Schiff said, “We are not safer because of Guantanamo’s existence. In fact, it makes us more vulnerable by drawing more recruits to the jihad.” Moreover, the definition of “combat zone,” Schiff added, is “so broad as to include allies and partners such as Jordan.” An amendment from Schiff to eliminate the new restrictions failed 176-246.

Before the vote, the White House said, “While there are areas of agreement with the committee, the administration strongly objects to several provisions of the bill,” and “If this bill were presented to the president, the President’s senior advisors would recommend to the president that he veto it.”

Financial Services and General Government Appropriations Act FY 2016[3]

On June 17 the House Appropriations Committee approved the Financial Services and General Government Appropriations Act FY 2016 on a straight party-line vote, 30 to 20.The Committee’s press release states the bill provides $20.2 billion in funding for “critical national programs to enforce U.S. laws , maintain a fair and efficient judicial system, and help small businesses grow” while reducing or eliminating lower-priority programs and cutting “poor-performing agencies—including an $838 million reduction to the Internal Revenue Service.”

One of the most controversial provisions of the bill was the temporary blocking of the newly implemented net neutrality rules, which was criticized by the White House without a threat of a veto.

As noted in a prior post, according to the Committee’s press release, the bill contains prohibitions on (a) “travel to Cuba for educational exchanges not involving academic study pursuant to a degree program;” (b) “importation of property confiscated by the Cuban Government;” and (c) “financial transactions with the Cuban military or intelligence service.” I, however, am still unable to find these provisions in the bill. I solicit comments identifying these provisions.

In the Committee Rep. Nita Lowey (Dem., NY), the top Democrat of the full committee, offered an amendment that would have removed what she called “20 veto-bait riders” or policy provisions, including these Cuba-related measures. The proposal was blocked on a party-line vote.

Freedom to Travel to Cuba Act of 2015 (S.299)[4]

A prior post discussed the Freedom to Travel to Cuba Act of 2015 that was introduced by Senator Jeff Flake (Rep., AZ). In addition, it now has 44 cosponsors: 36 Democrats, 6 Republicans and 2 Independents.

A recent New York Times editorial endorsed the lifting the ban on travel to Cuba. It said, “The ban — the only travel prohibition American citizens are currently subjected to — never made sense, and it’s particularly misguided in an era of broadening engagement between the United States and Cuba.” Now, “the trajectory is unmistakable. Public opinion polls show that a majority of Cubans on the island and Americans favor engagement. Congress should wait no longer to do its part.”

Cuban Military Transparency Act (S.1489)[5]

On June 3 Senator Marco Rubio (Rep., FL) introduced the Cuban Military Transparency Act (S.1489) with seven cosponsors (Robert Menendez (Dem., NJ), Orrin Hatch (Rep., UT), Tom Cotton (Rep., AR), Ted Cruz (Rep., TX), Cory Gardner (Rep., CO), David Vitter (Rep., LA), Mark Kirk (Rep., IL). It was referred to the Committee on Foreign Relations.

The bill would prohibit a U.S. person from engaging in any financial transaction with or transfer of funds to: the Ministry of the Revolutionary Armed Forces of Cuba or the Ministry of the Interior of Cuba (or any of their subdivisions); a senior member of such Ministries; any agency, instrumentality, or other entity that is more than 25% owned, or that is operated or controlled by, such a Ministry; or any individual or entity for the purpose of avoiding a prohibited financial transaction or transfer of funds that is for the benefit of that individual or entity. Excluded from these bans are the sale to Cuba of agricultural commodities, medicines, and medical devices; remittances to an immediate family member; or assistance in furtherance of democracy-building efforts for Cuba.

The bill would also require (a) the U.S. Attorney General to coordinate with the International Criminal Police Organization (INTERPOL) in order to pursue the location and arrest of U.S. fugitives in Cuba, including current and former members of the Cuban military and (b) the U.S. President to provide reports on the role of the Ministry of the Revolutionary Armed Forces and the Ministry of the Interior in Cuba and the return of property that has been confiscated by the Government of Cuba.

In his press release about the bill, Senator Rubio said, ““It is not in the interest of the United States or the people of Cuba for the U.S. to become a financier of the Castro regime’s brutality. The Cuban Military Transparency Act would prevent U.S. dollars from getting into the hands of the Cuban military and would demand accountability from the Obama Administration regarding fugitives of American justice in Cuba, the return of stolen and uncompensated property and the role of the Ministry of the Revolutionary Armed Forces and the Ministry of the Interior in Cuba.”

The Center for Democracy in the Americas opposes this bill. It admits “that in Cuba, a socialist state with a largely state-owned economy, the military is invested in state-owned businesses, and several of those . . . are dominant players in Cuba’s tourist industry. Given the military’s broad role in Cuba’s economy, any expenditure by U.S. travelers and businesses – including the cost of hotel rooms, telephone calls, airport taxes, the hotel occupancy tax, sales taxes on tourist purchases, resort fees – could be prohibited presumptively unless the traveler or company could persuade [the U.S. Treasury agency] they spent their money in Cuba some other way.” But “how could they prove the negative? Who in Cuba will hand out the forms that say “that hotel room” or “that painting” or “that serving of ropa vieja” didn’t come from an enterprise owned or controlled by Cuba’s military?”

Therefore, according to the Center for Democracy in the Americas, the true purpose of this bill is “to shame, harass, and try to stop every American from visiting Cuba or seeking to do business in Cuba, and to return U.S. policy to its pre-December 17, 2014 goal of starving the Cuban economy and the Cuban people along with it.”

Conclusion

These latest congressional developments reinforce the need for continued vigilance by supporters of U.S.-Cuba reconciliation to pay attention to what is happening in Congress and to continue to express their opinions on these issues to their representatives in that body and to the larger community.

I take pride in the strong support for such reconciliation in the State of Minnesota, so far away from Cuba. A recent article in MINNPOST explored this apparently strange phenomenon. Eric Schwartz, Dean of the Humphrey School of Public Affairs at the University of Minnesota and a non-native Minnesotan, believes there are three main reasons for this fact. First, two of Minnesota’s biggest industries — agriculture and medical devices — have massive potential exports to Cuba. Second, Minnesota’s lack of a large Cuban-American community and its distance from the island mean our lawmakers are not subject to the same pressures as representatives from states like Florida and New Jersey. Third, many of Minnesota’s federal legislators are reasonable people.

I concur in that opinion, but believe Schwartz has missed the fundamental reason for strong Minnesota support for this reconciliation. Many people in this State are interested in what goes on in the world and are actively engaged with the rest of the world through their churches like Minneapolis’ Westminster Presbyterian Church, the Center for Victims of Torture, Advocates for Human Rights, the Minnesota Cuba Committee and various programs at the University of Minnesota and through Minnesotans’ welcoming immigrants and refugees from around the world, especially from Somalia, Viet Nam and Laos, and through major multinational corporations headquartered here like Cargill, which is leading the U.S. Agricultural Coalition for Cuba,3M, Medtronic and General Mills.

I was pleased to read about the change of heart of a prominent Cuban-American Republican who was U.S. Secretary of Commerce in the George W. Bush Administration, Carlos Gutierrez. In an op-ed essay in the New York Times, he said,” it is now time for Republicans and the wider American business community to stop fixating on the past and embrace a new approach to Cuba.” He added, “Some of my fellow Cuban-Americans insist that continuing to squeeze Cuba economically will help the Cuban people because it will lead to democracy. I wonder if the Cubans who have to stand in line for the most basic necessities for hours in the hot Havana sun feel that this approach is helpful to them.”

Gutierrez concluded, “America must look to the future instead — and pursue this opportunity to assist Cubans in building a new economy. There is a lot of work to do, and progress will be slow. However, the business community and my fellow Cuban-Americans and Republicans should not ignore the possibilities ahead. The Cuban people need and deserve our help.”

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[1] Matishak, White House threatens to veto Senate’s defense spending bill, The Hill (June 18, 2015); Carney, McCain expects Pentagon plan on closing Guantanamo, The Hill (June 18, 2015);Carney, Five challenges for the defense bill (June 21, 2015).

[2] This section of the post is based upon Hattem, House passes intel bill over White House objections, The Hill (June 16, 2015).

[3] This section of the post is based upon the following: House Appropriations Comm., Press Release: Appropriations Committee Approves Fiscal Year 2016 Financial Services Bill (Jun 17, 2015); House Appropriations Comm., Financial Services Appropriations Act FY 2016 (June 9?, 2015); House Appropriations Comm., Report: Financial Services and General Government Appropriations Bill, 2016, No. 114- —( 2015);Trujillo, House panel advances rider to block Internet rules, The Hill (June 7, 2015); Trujillo, Obama administration knocks net neutrality riders in funding bill, The Hill (June 17, 2015)  Shabad, Bill with $838M IRS cut advances in House, The Hill (June 17, 2015).

[4] Library of Congress THOMAS, S.299 Freedom to Travel to Cuba Act of 2015 (Cosponsors)

[5] This portion of the post is based upon the following: Library of Congress THOMAS, Cuban Military Transparency Act; Rubio, Press Release: Senators Introduce Bill To Deny Resources To Castro’s Military and Security Services (June 3, 2015); Center for Democracy in Americas, The Cuban Military Not So Transparent Act (June 19, 2015).

Oppose Congressional Attempts To Restrict U.S. Travel to Cuba!

On April 28th the U.S. House Appropriations Committee released the draft of a bill that contains two provisions that would restrict U.S. travel to Cuba.[1]

The draft 155-page bill is titled “A BILL –Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2016, and for other purposes.” The Committee’s summary of the bill says nothing about Cuba. Instead it says the bill would allocate $55.3 billion for “transportation, infrastructure and housing programs of national need and significance.”

One of the proposed restrictions is found in Section 193 of the draft bill (pp. 69-70), which states as follows:

  • “None of the funds made available in this Act may be used to facilitate new scheduled air transportation originating from the United States if such flights would land on, or pass through, property confiscated by the Cuban Government, including property in which a minority interest was confiscated, as the terms confiscated, Cuban Government, and property are defined in paragraphs (4), (5), and (12)(A), respectively, of section 4 of 5 the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023 (4), (5), and 7 (12)(A)) [Helms-Burton Act] : Provided, That for this section, new scheduled air transportation shall include any flights not already regularly scheduled prior to March 31, 2015.”

The other proposed restriction is in Section 414 of the draft bill (p. 154), which states as follows:

  • “None of the funds made available by this Act may be used by the Federal Maritime Commission or the Administrator of the Maritime Administration to issue a license or certificate for a commercial vessel that docked or anchored within the previous 180 days within 7 miles of a port on property that was confiscated, in whole or in part, by the Cuban Government, as the terms confiscated, Cuban Government, and property are defined in paragraphs (4), (5), and (12)(A), respectively, of section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6023).[Helms-Burton Act].”

This draft bill was prepared by the House Appropriations Committee’s Subcommittee on Transportation, Housing and Urban Development, and Related Agencies, which is chaired by Rep. Mario Balart (Rep., FL), a Cuban-American who is a vocal opponent of U.S.-Cuba reconciliation. The other Republican members of this subcommittee are John Culberson (TX), Evan Jenkins (WV), David Jolly (FL), David Joyce (OH), Kevin Yoder (KS), and David Young (IA). The Democrats on the Subcommittee are Henry Cuellar (TX). David Price (NC), Mike Quigley (IL) and Tim Ryan (OH).

Next week the full Appropriations Committee will debate and vote on this draft bill, and in June will debate and vote on an appropriations bill for worker training, education and health programs. According to the New York Times, “[l]awmakers expect at least one of them to fail on the House floor, forcing budget talks to resume again, this time with Mr. Obama at the table.”

The other Republican members of the Appropriations Committee are Robert Aderholt (AL); Mark Amodei (NE); John Beutier (WA); Ken Calvert (CA); John Carter (TX); Tom Cole (OK); Ander Crenshaw (FL); Charles Dent (PA); Chuck Fleischmann (TN); Jeff Fortenberry (NE); Rodney Frelinghuysen (NJ); Kay Granger (TX); Tom Graves (GA); Andy Harris (MD); Steven Palazzo (MS); Scott Rigell (VA); Martha Roby (AL); Harold Rogers (KY), Chairman; Tom Rooney (FL); Michael Simpson (ID); Chris Stewart (UT); David Valadao (CA); and Steve Womack (AK).

The other Democrats on the full Committee are Sanford Bishop, Jr. (GA); Rosa DeLauro; Sam Farr (CA); Chaka Fattah (PA); Michael Honda (CA); Steve Israel (NY); Derek Kilmer (WA); Marcy Kaptur (OH); Barbara Lee (CA); Nin Lowery (NY); Betty McCollum (MN); Charles Pingree (ME); Lucille Roybal-Allard (CA); C.A. Ruppersberger (MD); José Serrano (NY); Peter Visclosky (IN); and Debbie Wasserman Schultz (FL).

Just looking at the names of the Democrats on the Committee reveals that at least the following are already on the record favoring U.S.-Cuba reconciliation and, therefore, should be opposed to the previously mentioned provisions that would restrict U.S. travel to Cuba: Rosa DeLauro, Sam Farr, Steve Israel, Barbara Lee, Betty McCollum and José Serrano.

I call for all supporters of U.S.-Cuba reconciliation to contact members of the Appropriations Committee and urge them to delete the previously mentioned provisions and to oppose any other efforts to restrict U.S. travel to Cuba. Contact information for representatives is available at http://www.house.gov/representatives/#state_me.

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[1] This post is based upon the following: House Comm. on Appropriations, “A BILL –Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2016, and for other purposes” (April 28, 2015); House Comm. on Appropriations, Appropriations Committee Releases the Fiscal 2016 Transportation, Housing and Urban Development bill (April 28, 2015); Shabad, GOP spending bill would restrict travel to Cuba, The Hill (April 28, 2015); Weisman, Senate Passes Cost-Cutting Budget Plan, N.Y. Times (May 5, 2015).

 

 

 

 

 

 

United States Government’s Reactions to U.S.-Cuba Reconciliation

After looking at international and Cuban reactions to the December 17th announcement of U.S.-Cuba reconciliation, we now examine the reactions by the U.S. Government’s Executive Branch and Congress. A subsequent post will look at the reactions of the American people.

I. Executive Branch.

Led by President Barack Obama, the Executive Branch engaged in 18 months of secret negotiations with Cuba that resulted in the December 17th announcement of an accord between the two countries involving immediate release of certain prisoners, promised liberalization of U.S. regulations regarding U.S. exports to the island and U.S. citizens travel to Cuba, promised U.S. review of its designation of Cuba as a “State Sponsor of Terrorism” and further negotiations for reestablishment of normal diplomatic relations and for resolution of a long list of issues or disputes.

The U.S. Department of State immediately commenced review of the “terrorism’ designation and the Treasury and Commerce Departments in January announced the new and more liberal regulations regarding exports and travel.

The U.S., represented by Assistant Secretary of State Roberta Jacobson, participated in the first round of further negotiations with Cuba in Havana in January, and the second round will be this month in Washington, D.C.

In addition, as we will see in the discussion of reactions in the U.S. House of Representatives, bills have been introduced to end the U.S. embargo of the island.

In short, the U.S. is doing everything it can to further the progress toward normalization of relations and reconciliation of the two countries.

II. U.S. Congress

The following analysis of the positions of senators and representatives on reconciliation obviously is incomplete since I was not able to conduct exhaustive research on all 100 senators and all 435 representatives. I also used my judgment to assign pending bills as favoring or opposing reconciliation and assumed, absent specific information to the contrary, that being a sponsor or cosponsor of a bill in one category would preclude that individual’s voting for some or all of the bills in the other category. Moreover, the named individual legislators may change their minds if and when any of these measures reach the chambers’ floors for votes. I earnestly entreat readers to provide comments with other information to correct or supplement this analysis.

A. U.S. Senate

Of the 100 Senators, 25 so far appear to support reconciliation while 27 do not. The other 48 Senators apparently have not yet taken positions on this major issue.

1. Favoring reconciliation

As of February 10, I was surprised to discover that the Senate does not have a bill to abolish the U.S. embargo of Cuba. Minnesota’s Senator Amy Klobuchar clearly has stated her intent to offer and support such a bill, but has not done so to date because she believes that the Senate first should vote on confirmation of an ambassador to Cuba, who has not yet been nominated by the President. Moreover, Cuba’s President Castro has made noises that abolishing the embargo should come before restoration of normal diplomatic relations. As a result, Klobuchar’s legislative strategy may have to be revised.

In any event, as of February 10, the Senate had only two measures on its agenda that are at least tangentially favorable to the recent U.S.-Cuba accord.

The first is S.299 (Freedom to Travel to Cuba Act of 2015) offered by Senator Jeff Flake (Rep., AZ) with 13 cosponsors [1]  It was referred to the Foreign Relations Committee.

The other is a proposed resolution (S.RES.26: Commending Pope Francis for his leadership in helping to secure the release of Alan Gross and for working with the Governments of the United States and Cuba to achieve a more positive relationship). It was offered by Senator Richard Durbin (Dem., IL) with 10 cosponsors, four of whom were not cosponsors of S.299 [2]  The proposed resolution was referred to the Foreign Relations Committee.

In addition to these 18 senators, the following seven (for a total of 25) can also be regarded as supporters of reconciliation based upon statements on their official websites or other comments or actions mentioned in the press: Tammy Baldwin (Dem., WI), Chris Coons (Dem., DE), Al Franken (Dem., MN), Chris Murphy (Dem., CT), Rand Paul (Rep., KY), Pat Roberts (Rep., KS) and Harry Reid (Dem., NV).

Thus, at least 25 Senators are on record apparently supporting reconciliation with Cuba

2. Opposing reconciliation

As of February 10, the Senate had on its agenda one substantive bill relating to Cuba that can be seen as indirectly opposed to reconciliation.

S.165 (Detaining Terrorists To Protect America Act of 2015) would extend and enhance prohibitions and limitations with respect to the transfer or release of individuals detained at the U.S. Naval Station, Guantanamo Bay, Cuba.This bill was referred to the Armed Services Committee. It was offered by Senator Kelly Ayotte (Rep., NH) with 26 Republican cosponsors [3] One of the cosponsors, however, is Senator Jerry Moran, who was a cosponsor of S.299 and who spoke in favor of ending the embargo at the launch of the United States Agricultural Coalition for Cuba. Thus, I believe that only 25 of these cosponsors can be counted in the anti-reconciliation camp.

At least one other Senator belongs in this camp. Senator Robert Menendez (Dem., NJ), who is a Cuban-American, is vehemently opposed to reconciliation as are the other two Cuban-American Senators–Ted Cruz (Rep., TX) and Marco Rubio (Rep., FL), both of  whom are cosponsors of S.165.

Thus, at least 27 Senators are on record apparently opposing reconciliation.

B. U.S. House of Representatives

There are at least 43 representatives favoring reconciliation while 52 do not. That leaves the other 340 representatives not accounted for.

1. Favoring reconciliation

As of February 10, the House had eight pending bills favorable to reconciliation with Cuba.

The following three seek to end the U.S. embargo of Cuba.

  • The leading one seems to be H.R.403 (Free Trade with Cuba Act) that was introduced by Representative Charles Rangel (Dem., NY) with 27 Democratic cosponsors [4] It has been referred for consideration to the House Foreign Affairs and six other committees.[5] The bill would end the embargo, and its  section 2 would have Congress find that “Cuba is no longer a threat to the [U.S.] or Western Hemisphere;” the U.S. ” is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms [in other Communist regimes];” and the U.S. “can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges.”
  • The other two similar bills to end the embargo are H.R.274 (United States-Cuba Normalization Act, 2015) by Rep. Bobby Rush (Dem., IL) without any cosponsors, and H.R.735 (To lift the trade embargo on Cuba, and for other purposes) by Rep. Jose Serrano (Dem., NY) with Rep. Rangel as a cosponsor, both of whom are on the record as supporters of of H.R.403. These bills too were referred to the same seven committees for consideration.

 Rep. Rangel on February 2nd also introduced H.R.635 (Promoting American Agricultural and Medical Exports to Cuba Act of 2015) to facilitate the export of U.S. agricultural products to Cuba, to remove impediments to the export to Cuba of medical devices and medicines, to allow travel to Cuba by U.S. legal residents, to establish an agricultural export promotion program with respect to Cuba. With 25 of the same Democratic cosponsors, the bill was referred to the Foreign Affairs and four other committees.

There are two bills to expand U.S. residents ability to travel to Cuba. Rep. Rangel on February 2nd introduced H.R.634 (Export Freedom to Cuba Act of 2015) with 25 of the same Democratic cosponsors of H.R.403 plus John Garamendi (Dem., CA) and Mark Pocan (Dem., WI). It has provisions for freedom to travel to Cuba for U.S. citizens and legal residents.It was referred to the Foreign Affairs Committee. A similar bill to expand U.S. citizens travel to Cuba (H.R.664: Freedom to Travel to Cuba Act of 2015) was offered on February 2nd by Rep. Mark Sanford (Rep., SC) with 12 cosponsors.[6] It also was referred to the Foreign Affairs Committee.

A more limited travel bill was introduced by Representative Jose Serrano (Dem., NY). It is H.R.738: To waive certain prohibitions with respect to nationals of Cuba coming to the United States to play organized professional baseball. Its sole cosponsor is Representative Rangel and was referred to the Foreign Affairs Committee.

On January 27th Minnesota’s Representative Betty McCollum introduced H.R.570 (Stop Wasting Taxpayer Money on Cuba Broadcasting Act) to stop Radio Marti and Television Marti broadcasts to Cuba. McCollum was a cosponsor of H.R.403 while HR. 570 has no cosponsors. It was referred to the Foreign Affairs and Judiciary Committees.

I am proud to say that all five Democratic Representatives from Minnesota by offering or cosponsoring bills appear to be in favor of this reconciliation. In addition, two of Minnesota’s three Republican Representatives have made statements indicating at least receptivity to favoring the reconciliation, and this analysis counts them as undecided. [7]

Our newest Representative Tom Emmer said, “By all accounts the Cuban people are worse off today than when [the embargo] started. So clearly that’s not working. 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.” In addition, as a member of the House Foreign Affairs Committee, Emmer focused on three issues in questioning Administration witnesses: reparations for Cubans who have been persecuted by the Castro regime, payments for U.S. interests that lost property to the regime and safe harbor of U.S. fugitives within Cuba. Emmer also said or suggested if certain conditions are met he could support ending the embargo.

Another Minnesota Republican Representative, Rep. Erik Paulsen, said, “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.” (Id.) It may also be significant that his district includes the headquarters of Cargill Incorporated, the leader of the United States Agricultural Coalition for Cuba

Thus, there are at least 40 Representatives who appear to be in favor of this reconciliation with differing levels of commitment.

2. Opposing reconciliation

There are two pending bills, both relating to Guantanamo Bay, Cuba that can be seen as opposing reconciliation, as of February 10.

The first is H.R.654 (Naval Station Guantanamo Bay Protection Act). It was introduced by David Jolly (Rep., FL)  with 36 Republican cosponsors, none of whom is from Minnesota. [8] It was referred to the Foreign Affairs Committee.

The other bill (H.R.401: Detaining Terrorists to Protect America Act of 2015) which would prohibit the release or transfer of certain Guantanamo Bay detainees and the construction or modification of any other facility to house such detainees. It was offered by Representative Jackie Walkorski (Rep., IN) with 29 Republican cosponsors, of whom 17 were not cosponsors of H.R.654. [9] It was referred to the Armed Services Committee.

Accordingly there are at least 54 Representatives on the record against reconciliation. Three of them are Cuban-Americans (Carlos Curbello, Mario Diaz–Balart and Ileana Ros-Lehtinen) with the latter two being the most vocal in their persistent criticism of reconciliation. Another Cuban-American Representative (Albio Sires (Dem., NJ)) has not been an author or cosponsor of any of these bills, but his website includes a rejection of the President’s decisions to seek reconciliation with Cuba. [10]

III. Conclusion

As a supporter of reconciliation, I am anxious that this year both houses of Congress abolish the embargo and support other measures to promote that reconciliation. Therefore, I urge all supporters to say thank you to those legislators who already are on our side, to identify the “undecided” legislators and seek to persuade them to become supporters and to inform our fellow citizens of the important issues in this controversy and to seek to persuade them to be supporters.

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[1] The 13 cosponsors of S.299 are the following: John Boozman (Rep., AR), Barbara Boxer (Dem, CA), Thomas Carper (Dem., DE), Susan Collins (Rep., ME), Richard Durbin (Dem., IL) ), Michael Enzi (Rep., WY), Amy Klobuchar (Dem., MN), Patrick Leahy (Dem., VT), Jerry Moran (Rep., KS), Jack Reed (Dem., RI), Debbie Stabenow (Dem., MI), Tom Udall (Dem., NM) and Sheldon Whitehouse (Dem., RI). Senator Moran also spoke in favor of ending the embargo at the launch of the United States Agricultural Coalition for Cuba.

[2] The four cosponsors of S.RES.26 who were not cosponsors of S.299 are the following: Sherrod Brown (Dem., OH), Benjamin Cardin (Dem., MD), Tim Kaine (Dem., VA) and Barbara Mikulski (Dem., MD). 

[3] The 26 Republican cosponsors of S.165 are the following: John Barrasso (WY), Roy Blunt (MO), John Boozman (AR), Richard Burr (NC). John Cornyn (TX), Tom Cotton (AR), Ted Cruz (TX), Joni Ernst (IA), Deb Fischer (NE), Lindsey Graham (SC), Orrin Hatch (UT), James Inhofe (OK), Johnny Isakson (GA), Ron Johnson (WI), Mark Kirk (IL), James Lankford (OK), Mike Lee ((UT), John McCain (AZ), Jerry Moran (KS), Pat Roberts (KS), Mike Rounds (SD), Jeff Sessions (AL), Dan Sullivan (AK), Thom Tillis (NC), Pat Toomey (PA) and Roger Wicker (MS).

[4] The 27 Democratic Representative cosponsors of H.R.403 are Karen Bass (CA), William Clay (Mo), Steve Cohen (TN), John Conyers, Jr. (MI), Keith Ellison (MN), Sam Farr (CA), Chaka Fattah (PA), Raul Griaiva (AZ), Jared Huffman (CA), Sheila Jackson Lee (TX), Eddie Johnson (TX), Henry Johnson (GA), Barbara Lee (CA), Betty McCollum (MN), Jim McDermott (WA), Gregory Meeks (NY), Gwen Moore (WI), Rick Nolan (MN), Eleanor Holmes Norton (DC), Collin Peterson (MN), Jared Polis (CO), Janice Schakowsky (IL), Bennie Thompson (MS), Tim Walz (MN) and Maxine Waters (CA).

[5] A prior post listed the members of the seven House committees that have jurisdiction over different portions of the three bills to end the embargo.

[6] The 12 cosponsors of H.R.664 are Kathy Astor (Rep., FL), Jason Chaffetz (Rep., UT), Kevin Cramer (Rep., ND), Rosa DeLauro (Rep., CT), Sam Farr (Dem., CA), Barbara Lee (Dem., CA), Thomas Massie (Rep., KY), James McGovern (Dem., MA), Charles Rangel (Dem., NY), Chris Van Hollen, (Rep., MD), Nydia Velazquez (Dem., NY) and Peter Welch (Dem, VT).) Of this group, eight were not sponsors or cosponsors of H.R.403 (Chaffetz, Cramer, DeLauro, Massie, McGovern, Van Hollen, Velazquez and Welch). Cramer also announced his support for ending the embargo at the launch of the U.S. Agricultural Coalition for Cuba.

[7] Henry, Emmer on Cuba embargo: ‘Clearly that’s not working, MINNPOST (Feb. 6, 2015). The third Minnesota Republican Representative, John Kline, appeared to be less receptive to ending the embargo. He said he’s “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.”

[8] The 36 Republican cosponsors of H.R.654 are Gus Bilirakis (FL), Michael Burgess (TX), Bradley Byrne (AL), Jason Chaffetz (UT), Mike Coffman (CO), Carlos Curbello (FL), Rodney Davis (IL), Ron DeSantis (FL), Mario Diaz-Balert (FL), Bill Flores (TX), Trent Franks (AZ), Louie Gohmert (TX), Trey Gowdy (TN), Andy Harris (MD), Richard Hudson (NC), Duncan Hunter (CA), Darrell Issa (CA), Bill Johnson (OH), Jeff Miller (FL), Alexander Mooney (WV), Richard Nugent (FL), Gary Palmer (AL), Robert Pittenger (NC), Bill Posey (FL), Reid Ribble (WI), Ileana Ros-Lehtinen (FL), Keith Rothfus (PA), Matt Salmon (AZ), Austin Scott (GA), Marlin Stutzman (IN), Jackie Walorski (IN), Randy Weber (TX), Roger Williams (TX), Joe Wilson (SC), Ted Yoho (FL) and Ryan Zinke (MT). Diaz-Balert and Ros-Lehtinen are Cuban-Americans who have been and are most vocal in their criticism of reconciliation. Rodney Davis, however, spoke in favor of ending the embargo at the launch of the United States Agricultural Coalition for Cuba and should not be viewed as completely hostile to reconciliation.

[9] The 29 Republican cosponsors of H.R.401 are Andy Barr (KY), Susan Brooks (IN), Bradley Byrne (AL), Mike Coffman (CO), Paul Cook (CA), Ander Crenshaw (FL), Trent Franks (AZ), Andy Harris (MD), Jaime Herrera Beutier (WA), Duncan Hunter (CA), Darrell Issa (CA). Sam Johnson (TX), Doug Lamborn (CO), Robert Latta (OH), Luke Messer (IN), Mick Mulvaney (IN), Richard Nugent (FL), Steven Pearce (NM), Robert Pittenger (NC), Ted Poe (TX), Mike Pompeo (KS), Todd Rokita (IN), Aaron Schock (IL), Austin Scott (GA), Christopher Smith (NJ), Brad Wenstrup (OH), Joe Wilson (SC), Robert Wittman (VA) and Ryan Zinke (MT). Of these cosponsors, 16 (Barr, Brooks, Herrera, Sam Johnson, Lamborn, Latta, Messer, Mulvaney, Pearce, Poe, Pompeo, Rokita, Schock, Smith, Wenstrup and Wittman) were not cosponsors of H.R.654.

[10] Hook, Exile Haunts Cuba-American Lawmakers, W.S.J. (Dec. 20-21, 2014).

U.S. Easing Restrictions on Travel and Exports to Cuba

Effective January 16th the U.S. is easing restrictions on Americans’ travel and exports to Cuba.[1]

Under the new regulations, Americans will now be allowed to travel to Cuba for any of the following specific reasons without first obtaining a special license from the U.S. government:

  • family visits;
  • official business of the U.S. government, foreign governments, and certain intergovernmental organizations;
  • journalistic activity;
  • professional research and professional meetings;
  • educational activities;
  • religious activities;
  • public performances, clinics, workshops, athletic and other competitions, and exhibitions;
  • support for the Cuban people;
  • humanitarian projects;
  • activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or information materials; and
  • certain authorized export transactions.

Airlines and travel agents will be allowed to provide service to Cuba without a specific license.

Travelers will be permitted to use credit cards and spend money while in the country and bring back up to $400 in souvenirs, including up to $100 in alcohol or tobacco. In addition, Americans will be allowed to send more money to Cubans, up to $2,000 every three months instead of the $500 currently permitted.

The new regulations will also make it easier for U.S. telecommunications providers and financial institutions to do business with Cuba.

Treasury Secretary Jacob J. Lew, whose department oversees sanctions policy, said in a statement, “These changes will have a direct impact in further engaging and empowering the Cuban people, promoting positive change for Cuba’s citizens. The amended regulations also will facilitate authorized business for U.S. exporters and enhance communications and commerce between Cuba and the United States.  To the extent legally possible, the President has made clear that we want U.S. policy to ease the burdens on the Cuban citizens we seek to help.”

“Cuba has real potential for economic growth and by increasing travel, commerce, communications, and private business development between the United States and Cuba, the United States can help the Cuban people determine their own future.”

Commerce Secretary Penny Pritzker issued a similar statement with respect to changed regulations from her department. She said, “our regulations will change export policy and authorize the flow of certain goods and services to Cuba without a license, to spur private sector activity and encourage entrepreneurship in Cuba. These are smart changes in America’s outdated policy that will help the Cuban people realize an improved standard of living, greater economic independence, and increased prosperity.”

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[1] This post is based on U.S. Dep’t of Treasury, FACT SHEET: Treasury and Commerce Announce Regulatory Amendments to the Cuba Sanctions (Jan. 15, 2015); U.S. Dep’t of Treasury, Statement of Secretary Lew on Amendments to the Cuban Asset Control Regulations (Jan. 15, 2015); U.S. Dep’t of Commerce, Statement from U.S. Commerce Secretary Pritzker on New Commerce Department Regulations Changing U.S. Export Policy on Cuba (Jan. 15, 2015); Baker, U.S. Easing Decades-Old Restrictions on Travel to Cuba, N.Y. Times (Jan. 15, 2015).

 

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.