The 60 years of U.S. hostility towards Cuba (with the two-year respite (2014-2016) under President Obama) have left many important unresolved issues. Here is at least a partial list of those issues:
U.S. ending embargo (blockade) of Cuba?
U.S. response to Cuba’s claims for alleged damages from embargo & other acts?
U.S. closing its detention facility at Guantanamo Bay?
U.S. paying Cuba for use of Guantanamo Bay, 1960— ?
U.S. returning Guantanamo Bay to Cuba or entering into new lease of territory?
Cuba paying U.S. persons for expropriated property, 1959-60?
U.S. ending unilateral “democracy promotion” activities in Cuba?
Mutual extradition of the other’s criminal suspects & convicts?
Cuba improving human rights?
U.S. & Cuba resolving responsibility for medical problems of U.S. diplomats in Cuba, 2016-??
U.S. ending or modifying U.S. ban on transactions with certain Cuban entities on the State Department’s “Cuba Restricted List”?
U.S. possible restoration of parole for Cuban medical professionals?
U.S. possible allowance of lawsuits for expropriated Cuban property?
U.S. possible re-designation of Cuba as a “state sponsor of terrorism” due to Cuban military aid to Venezuela?
U.S. possible adoption of other U.S. hostile acts against Cuba proposed by President Trump, National Security Advisor Bolton, Secretary of State Pompeo, Senator Rubio, et al.?
Many of these issues were discussed in the meetings of the two countries in 2015-17 although the substance of the discussions have not been publicly disclosed.
If I were President with a supportive Congress, I would work for the following comprehensive bilateral resolution:of these issues:
U.S. ends embargo (blockade) of Cuba;
U.S. ends unilateral “democracy promotion” efforts in Cuba;
U.S. closes detention facility at Guantanamo Bay;
U.S. pays Cuba for its use of Guantanamo Bay, 1960 to date;
U.S. and Cuba enter into new lease of Guantanamo Bay at fair market value rental;
U.S. pays Cuba for alleged damages caused by U.S. embargo (blockade);
Cuba agrees to pay fair market value, with interest, to U.S. owners of expropriated property (potentially with funds provided by U.S. paying Cuba for past use of Guantanamo Bay; for future use of Guantanamo Bay under new lease; and for alleged damages caused by U.S. embargo (blockade));
U.S. abolishes Title III of Helms-Burton Act allowing U.S. owners of expropriated property to sue persons trafficking in property owned by U.S. persons that were expropriated by Cuba (1959-60);
U.S. agrees not to reintroduce parole for Cuban professional medical personnel;
U.S. agrees not to re-designate Cuba as “state sponsor of terrorism;”
U.S. and Cuba enter into new agreement on mutual extraditions;
U.S. and Cuba agree on bilateral ways to improve Cuban human rights and Internet access; and
U.S. and Cuba resolve issues regarding medical problems of US diplomats in Cuba (2016-??).
The proposal to have the U.S. use some or all of its payments to Cuba for Guantanamo usage and alleged Cuban damages from the embargo for the U.S. to pay for the U.S. claims for Cuba’s expropriations is based on the painful realization that Cuba does not have the resources to pay for any significant portion of these U.S. claims.
Cuba repeatedly has asserted that the U.S. use of Guantanamo Bay is an illegal occupation and the property should be returned to Cuba. Because of the U.S. argument to legally have occupied the territory under the 1903 lease and because of U.S. current national security concerns, however, the U.S. would not and should not agree to this Cuban proposal, especially since Cuba is developing closer relationships with Russia and China, which potentially could occupy Guantanamo to enhance their threats to the U.S.
Failure to reach agreement on any of these issues may well result in narrowing the issues, and any unresolved issues should be submitted to a binding international arbitration at the Permanent Court of Arbitration at the Hague in the Netherlands. Based on this blogger’s experience as a corporate litigator in U.S. courts, I note that many cases like the one proposed for arbitration of the Cuban and U.S. claims frequently are settled before they go to trial.
One example of narrowing the issues is Cuba’s recognition with other countries that it has an international legal obligation to pay for expropriated property, which is the major premise of the U.S. claims for expropriated property. That would leave important, subsidiary issues: are the claimants valid owners of the Cuban properties; what were the fair market values of the properties at the time of expropriation; and what is a fair rate of interest on the claims?
I invite anyone with other ideas for a comprehensive bilateral resolution of outstanding issues or objections to my proposed resolution to share them in reasoned comments to this post.
On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside over that event.
This post will focus on the ceremonial opening of the Cuban Embassy; subsequent posts will discuss the afternoon’s joint press conference at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez as well as reactions to the reopening of the embassies.
Opening of Cuba’s Embassy
Cuba’s opening was celebrated in the morning by the raising of its flag in front of its former Interests Section building. It was the same flag that was removed 54 years ago when the two countries severed diplomatic relations.
The event was attended by more than 500 people, including U.S. Assistant Secretary of State Roberta Jacobson, who led the U.S. delegation in negotiations with Cuba after the December 17, 2014, announcement of rapprochement; Tom Malinowski, Assistant Secretary for Democracy, Human Rights and Labor of the State Department, who has participated in those negotiations; Jeffrey DeLaurentis, current charge d’affaires of the U.S. Embassy in Havana; Ben Rhodes, U.S. Deputy National Security Advisor who led 18 months of behind-the-scenes secret negotiations with Cuban officials with the aim of restoring diplomatic ties; Wayne Smith, a Cuban expert who was forced to leave the U.S. Embassy in Havana in 1961 when the two countries broke diplomatic ties; U.S. Senators Patrick Leahy (Dem, VT), Amy Klobuchar (Dem., MN) and Jeff Flake (Rep., AZ) along with U.S. Representatives Barbara Lee (Dem., CA), Donna Edwards (Dem., MD), Kathy Castor (Dem., FL), Karen Bass (Dem., CA) and Raul Grijalva (Dem., AZ).
Afterwards Senator Klobuchar, the author of a bill to end the U.S. embargo (Freedom to Export to Cuba Act), said in a press release, “The opening of the Cuban embassy in Washington, DC, marks an important step in modernizing our relationship with Cuba after more than 50 years of isolation. This evolution in our relationship with 11 million people 90 miles off of our shore was long overdue, and it is now time to not only open our own fully equipped and staffed embassy in Havana, but to lift the trade embargo once and for all. Passing my bipartisan bill to lift the embargo would benefit the people of both of our countries by boosting U.S. exports and allowing Cubans greater access to American goods.”
The attendees then went inside the Embassy, where they heard a speech by Cuba’s Foreign Minister, Bruno Rodriguez. Here are excerpts from those remarks.
The Cuban flag now flying in front of the Embassy “embodies the generous blood that was shed, the sacrifices made and the struggle waged for more than one hundred years by our people for their national independence and full self-determination, facing the most serious challenges and risks. Today we pay homage to all those who died in its defense and renew the commitment of the present generations, fully confident on the newer ones, to serve it with honor.”
“We evoke the memory of José Martí, who was fully devoted to the struggle for the freedom of Cuba and managed to get a profound knowledge about the United States: In his “North American Scenes” he made a vivid description of the great nation to the North and extolled its virtues. He also bequeathed to us a warning against its excessive craving for domination [over Cuba] which was confirmed by a long history of disagreements.”
“We’ve been able to make it through this date thanks to the firm and wise leadership of Fidel Castro Ruz, the historic leader of the Cuban Revolution, whose ideas we will always revere with utmost loyalty. We now recall his presence in this city, in April of 1959, with the purpose of promoting fair bilateral relations, as well as the sincere tribute he paid to Lincoln and Washington. The purposes that brought him to this country on such an early time [of the Cuban Revolution] are the same that have pursued throughout these decades and coincide exactly with the ones that we pursue today.”
“This ceremony has been possible thanks to the free and unshakable will, unity, sacrifice, selflessness, heroic resistance and work of our people and also the strength of the Cuban Nation and its culture.”
“I bring greetings from President Raúl Castro, as an expression of the good will and sound determination to move forward, through a dialogue based on mutual respect and sovereign equality, to a civilized coexistence, even despite the differences that exist between both governments, which makes it possible to solve bilateral problems and promote cooperation and the development of mutually beneficial relations, just as both peoples desire and deserve.”
“We know that this [rapprochement] would contribute to peace, development, equity and stability in the continent; the implementation of the purposes and principles enshrined in the U.N. Charter and in the Proclamation of Latin America and the Caribbean as a Zone of Peace, which was signed at the Second Summit of the Community of Latin American and Caribbean States held in Havana.”
“Today, the re-establishment of diplomatic relations and the re-opening of embassies complete the first stage of the bilateral dialogue and pave the way to the complex and certainly long process towards the normalization of bilateral relations.”
“The challenge is huge because there have never been normal relations between the United States of America and Cuba, in spite of the one and a half century of intensive and enriching links that have existed between both peoples.”
“The Platt Amendment, imposed [on Cuba by the U.S.] in 1902 under a military occupation, thwarted the liberation efforts that had counted on the participation or the sympathy of quite a few American citizens and led to the usurpation of a piece of Cuban territory in Guantánamo. Its nefarious consequences left an indelible mark in our common history.”
“In 1959, the [U.S.] refused to accept the existence of a fully independent small and neighboring island and much less, a few years later, a socialist Revolution that was forced to defend itself and has embodied, ever since then, our people’s will.”
“I have referred to history to reaffirm that today an opportunity has opened up to begin working in order to establish new bilateral relations, quite different from whatever existed in the past. The Cuban government is fully committed to that.”
“Only the lifting of the economic, commercial and financial blockade which has caused so much harm and suffering to our people; the return of the occupied territory in Guantánamo; and the respect for Cuba’s sovereignty will lend some meaning to the historic event that we are witnessing today.”
“Every step forward will receive the recognition and the favorable acceptance of our people and government, and most certainly the encouragement and approval of Latin America and the Caribbean and the entire world.
“We reaffirm Cuba’s willingness to move towards the normalization of relations with the [U.S.] in a constructive spirit, but without any prejudice whatsoever to our independence or any interference in the affairs that fall under the exclusive sovereignty of Cubans.”
[For the U.S.] to insist in the attainment of obsolete and unjust goals, only hoping for a mere change in the methods to achieve them will not legitimize them or favor the national interest of the [U.S.] or its citizens. However, should that be the case, we will be ready to face the challenge.”
“We will engage in this process, as was written by President Raúl Castro in his letter of July 1st to President Obama, “encouraged by the reciprocal intention of developing respectful and cooperative relations between our peoples and governments. From this Embassy, we will continue to work tirelessly to promote cultural, economic, scientific, academic and sports relations as well as friendly ties between our peoples.”
“We would like to convey the Cuban government’s respect and recognition to the President of the [U.S.] for urging the U.S. Congress to lift the blockade as well as for the change of policy that he has announced [last December], but in particular for the disposition he has showed to make use of his executive powers for that purpose.”
“We are particularly reminded of President Carter’s decision to open the respective Interests Sections back in September of 1977.” We also “express our gratitude to the members of Congress, scholars, religious leaders, activists, solidarity groups, business people and so many U.S. citizens who worked so hard for so many years so that this day would come.”
“To the majority of Cubans residing in the [U.S.] who have advocated and called for a different kind of relation of this country with our Nation, we would like to express our recognition. Deeply moved, they have told us that they would multiply their efforts and will remain faithful to the legacy of the patriotic emigration that supported the ideals of independence.”
“We would like to express our gratitude to our Latin American and Caribbean brothers and sisters who have resolutely supported our country and called for a new chapter in the relations between the [U.S.] and Cuba, as was done, with extraordinary perseverance, by a lot of friends from all over the world.”
“From this country José Martí organized the Cuban Revolutionary Party to conquer freedom, all the justice and the full dignity of human beings. His ideas, which were heroically vindicated in his centennial year, continue to be the main inspiration that moves us along the path that our people have sovereignly chosen.”
Opening of U.S. Embassy
With the ceremonial opening of the U.S. Embassy in Havana not happening until August 14, the changes there were subtler. There was no raising of the U.S. flag. There was no changing of the sign on the building. The U.S. diplomats who previously worked in the Interests Section now worked in the Embassy. A future post will review the ceremonial opening of the Embassy, now scheduled for August 14.
 The famous Cuban-American jazz pianist and a resident of Minnesota, Nachito Herrera, was invited to attend the opening of the Cuban Embassy, but unfortunately had to decline because of previously scheduled performances at the Dakota Jazz Club in Minneapolis with his new group The Universals, featuring saxophonist Mike Phillips, who has worked with Prince and Stevie Wonder; Cuban drummer Raul Pineda; Senegal bassist Cheikh Ndoye; and violinist Karen Briggs. (Bream, On special day for Cuba, Nachito Herrera gets emotional at the Dakota, StarTribune (July 21, 2015).) As previously noted in this blog, Nachito has frequently performed at Minneapolis’ Westminster Presbyterian Church.