Another Two Week Suspension of Title III of the Helms Burton Act

On April 3, the U.S. Department of State stated, “Today, Secretary of State Michael R. Pompeo announced his decision to continue for two weeks, from April 18 through May 1, 2019, the current suspension with an exception of the right to bring an action under Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act. The current suspension expires April 17.” The statement also noted that the  Suspension does not apply to: the “right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time.“ [1]

The Department’s statement added, “The Department continues to examine human rights conditions in Cuba, including ongoing repression of the rights of the Cuban people to free speech, free expression and free assembly. The Department is also monitoring Cuba’s continued military, security, and intelligence support to Nicolas Maduro, who is responsible for repression, violence, and a man-made humanitarian crisis in Venezuela.” Therefore, “We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.”

Comments at U.S. Reception Honoring NATO

Perhaps this U.S. statement was made at this time because the U.S. was hosting a celebration of NATO’s 70th anniversary with representatives of other NATO members, many of whom object to the prospect of U.S. litigation against foreign firms for using Cuban property formerly owned by U.S. nationals. [2]

One prominent spokesman of such objections was Spain’s Foreign Minister Joseph Borrell, who said his country “has told the U.S. administration that Spain is concerned about Washington’s potential decision to allow U.S. citizens to sue foreign firms doing business in Cuba.” The Spanish message included “its firm rejection, as a matter of principle, to the extraterritorial application of national sanction laws, considering it contrary to international law,” This was the Foreign Minister’s message on April 1 to U.S. Secretary of State Mike Pompeo and on April 3 to U.S. National Security Advisor John Bolton.[3]

Canadian Foreign Minister Cryslia Freeland also met with Secretary Pompeo on this occasion and told him that “the Government of Canada will defend the interests of Canadians conducting legitimate trade and investment with Cuba, if the United States enforces Title III of the Helms-Burton Act.” [4]

 Cuba’s Reactions [5]

After the announcement of the new two-week suspension, Cuba Foreign Minister Bruno Rodriguez issued the following two tweets:

  • The first said (per Google Translate), “I reject the announcement of . . . [Secretary Pompeo] about #HelmsBurton law, an aberration that should never have existed. [It] violates International Law, damages all #Cuba, each family. 191 countries claim to be eliminated in its entirety. US aggression against #Venezuela must cease without further pretexts.” ·
  • The second (again per Google Translate) said the following: “The Helms-Burton Act is not applicable in #Cuba or against Cubans or foreigners. It’s “Monroeist” [Monroe Doctrine] domination purpose arouses the overwhelming rejection of the international community. The new measures are isolating the #US even more. They will fail to achieve their goals.”

Cuba’s President, Miguel Díaz=Canel, also tweeted on this development. He said (per Google Translate): “We reject the #EEUU announcement on #HelmsBurton law. They persist in the threats, with arrogance they pose a genocidal law that violates International Law, condemns #Cuba and Cuban families. 191 countries demand [in U.N. General Assembly] that it be eliminated in its entirety. #SomosCuba”

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[1] State Dep’t, Secretary Pompeo Extends for Two Weeks Title III Suspension with an Exception (LIBERTAD Act) (April 3, 2019).

[2] State Dep’t, Remarks at the Reception to Celebrate NATO’s 70th Anniversary (April 3, 2019); State Dep’t, Briefing on the Upcoming NATO Ministerial (April 2, 2019).

[3] Reuters, Spain Rejects Possible U.S. Lawsuits Against Foreign Firms in Cuba, N.Y. Times (April 3, 2019); Guimōn,  The US repeals and prolongs the suspension of a law that would toughen the embargo on Cuba, El Paīs (April 3, 2019).

[4] Gomez,  Canada will defend its investments in Cuba if the United States applies title III of Helms-Burton, CubaDebate (April 4, 2019); Readout of Foreign Affairs Minister’s meeting with U.S. Secretary of State, Global Affairs Canada (April 4, 2019).

[5] Havana rejects the new partial suspension of the Helms-Burton, DiariodeCuba (April 4, 2019).

 

 

John Bolton‘s New Threat Against Cuba 

On April 1 U.S. National Security Adviser John Bolton renewed his threats against Cuba.

In a tweet Bolton said, “ the U.S. will hold Cuba accountable for its subversion of democracy in Venezuela and direct hand in Maduro’s ongoing repression of the Venezuelan people.” [1]

Bolton’s tweet also cited to an article by the Bloomberg agency , which through various sources stated that Cuban agents were in the presence of Venezuela’s regime.

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[1] Havana will pay for ‘subverting democracy’ in Venezuela, warns John Bolton, Diario de Cuba (April 2, 2019).

 

Economist Critiques Cuban Economy

Carmelo Mesa-Lago, a professor emeritus of economics and Latin American studies at the University of Pittsburgh and the author of 45 books on Cuba, recently delivered his critique of the Cuban economy in the New York Times.[1]

He opens with the assertion, “For the past 60 years, Cuba has been unable to finance its imports with its own exports and generate appropriate, sustainable growth without substantial aid and subsidies from a foreign nation. This is the longstanding legacy of Cuba’s socialist economy.” These foreign nations were Spain in the colonial era, the U.S. (circa 1903 -1958), the Soviet Union (circa 1959-1988) and Venezuela (21st century). Yet “despite the staggering foreign aid subsidies it has received, [Cuba’s] . . . economic performance has been dismal.”

“In the past seven years, growth has been a third of the officially set figure needed for adequate and sustainable growth, while investment has been one third of the required rate. Industrial, mining and sugar production are well below 1989 levels, and the production of 11 out of 13 key agricultural and fishing products has declined. Cuba is now facing its worst economic crisis since the 1990s.”

According to Mesa-Lago, “Cuba’s woes are a result of the inefficient economic model of centralized planning, state enterprises and agricultural collectivization its leaders have pursued despite the failure of these models worldwide. In his decade in power, President Raúl Castro tried to face his brother Fidel’s legacy of economic disaster head on by enacting a series of market-oriented economic structural reforms. He also opened the door to foreign investment, but so far, the amount materialized has been one-fifth of the goal set by the leadership for sustainable development.”

Although Cuba has adopted some reforms to allow some private enterprise, Mesa-Lago says Cuba needs “to accelerate and deepen reforms. China and Vietnam’s market socialism model under Communist Party rule could provide a way forward.”

If such reforms are carried out and foreign investors are allowed to hire and pay a full salary directly to their employees, he concludes, “there will be a significant improvement in the economy and the government can undertake the desperately needed monetary unification that will attract more investment and eliminate the economic distortions that plague the economy.”

As noted in a recent post to this blog, the Cuban economy also faces the challenges of an aging, declining population with the latter being caused, in part, by the limited opportunities for economic success, especially for younger Cubans. [2]

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[1] Mesa-Lago, Cuba Can Move From Foreign Economic Dependence, N.Y. Times (Mar. 28, 2019).

[2] See also posts listed in the “Cuban Economy” section of List of Posts to dwkcommentaries—Topical: CUBA.

 

Cuban Doctors in Venezuela Provide Political Support to Maduro: New York Times   

Page 1 of the Sunday New York Times for March 17 contained the start of a lengthy report that at least some of the Cuban doctors on medical missions in Venezuela had been ordered not to use oxygen for medical emergencies, but instead to use them closer to the May 2018 election as a means of forcing patients to vote for Nicolás Maduro for president.[1]

The Times Report

According to 16 Cuban doctors who were interviewed by the Times, there was “a system of deliberate political manipulation in which their services were wielded to secure votes for the governing Socialist Party, often through coercion. Many tactics were used, they said, from simple reminders to vote for the government to denying treatment for opposition supporters with life-threatening ailments.”

In addition, “the Cuban doctors said they were ordered to go door-to-door in impoverished neighborhoods, offering medicine and warning residents that they would be cut off from medical services if they did not vote for Mr. Maduro or his candidates. . . . [Many of these Cuban doctors] said their superiors directed them to issue the same threats during closed-door consultations with patients seeking treatment for chronic diseases.” One doctor also said “she and others were told to give precise voting instructions to elderly patients, whose infirmities made them particularly easy to manipulate.”

“One former Cuban supervisor said that she and other foreign medical workers were given counterfeit identification cards to vote in an election. “

Prior to publication of this article, the Venezuelan government did not respond to the Times’ journalist while the Cuban government denied the above assertions by the doctors and bragged about the work of many Cuban medical missions around the world.

Cuban Response [2]

On March 19 CubaDebate, an official website of the Cuban government, mounted the following vigorous attack on the Times” article:

  • “In a meager exercise of journalism that says so much to defend, NYTimes forgets the contrast of sources and does not interview any Cuban doctor in practice in Venezuela, does not talk to any patient, does not seek the opinion of the management of the Cuban Medical Brigade.”
  • “Objectivity is not necessary when the clear propaganda objective is to align with the retrograde forces that in the United States seek, by any means, regime change in Venezuela. The same ones that want to see the government of Maduro, supported by millions of Venezuelans, as a regime that is only sustained by the support of the military command and the Cuban government.”
  • “They are the same forces that promoted the outrageous theft of Cuban medical personnel around the world, with the brazen [U.S. Medical} Parole program [for Cuban medical professionals] which Marco Rubio and others now intend to reactivate, in his fierce and failed anti-Cuban campaign. It is not strange then that Senator Marco Rubio left yesterday hurriedly to tweet the work of Mr. Casey as a sign of the “decisive Cuban influence in Venezuela.” Or that [new Senator] Rick Scott has put on his Twitter account, in Spanish and English, ‘Using medicine as a political weapon to intimidate patients to vote for the dictator of Nicolas Maduro is outrageous, inhuman and disgusting.” Where we see chaos and instability in Latin America, we also see the traces of the Castro regime. This has to end! ‘”
  • “The disgusting and what has to end is the lie as political practice and communication in the empire; what has to end is the alleged attempt from Washington to impose its designs on the rest of the world.”
  • “No true Cuban doctor denies the service and much less risks the life of a patient to achieve political ends. They do not do it in Cuba with the mercenaries financed by the United States to try to destroy the Revolution, nor did they do it with the mercenaries who invaded us through the Ciénaga de Zapata in 1961; least they will do it abroad, where tens of thousands have come to offer their solidarity and knowledge.”
  • “ On the contrary, the . . .[performance] of Cuban health workers in dozens of countries around the world has been exemplary, where they have saved millions of lives and cured millions of other patients. No other nation on the planet cares for so many patients outside its borders. Its work has been rewarded by governments, parliaments, NGOs and even the World Health Organization itself.”
  • “Since the Cuban medical collaboration began in Venezuela, more than 140,000 health workers have worked there. Thanks to this effort, at the end of 2018, 127 million 168 thousand medical consultations were carried out throughout the South American nation and at the beginning of 2019, 2,000 new Cuban doctors joined the Barrio Adentro mission to strengthen the health care of the Venezuelan people.”
  • “In 55 years, Cuba has fulfilled 600,000 internationalist missions in 164 nations, in which more than 400,000 health workers have participated, who in many cases have fulfilled this honorable task on more than one occasion.”
  • “The New York Times publishes these propaganda pieces in the Gobbelian style. The extensive and admirable mission of Cuban doctors throughout the world is much more powerful than the gross lies.”

The same day (March 19) Cuba President Díaz-Canel criticized the Times ‘article in this tweet (translated from Spanish): “Cuban [medicos] can never be slandered. Their extraordinary human work on lands that the empire calls “dark corners of the world”, deny the [Times] and its reporter Casey. Feeding Marco Rubio’s hate war against Cuba and Venezuela is a crime. #SomosCuba.”

The Times Response [3]

The Times immediately responded to these Cuban criticisms with the following tweet (translated from Spanish): “Our story is based on interviews with 16 members of Cuba’s medical missions in Venezuela, who described a political manipulation system in which their services were used to get votes for the ruling party. We Back our story. This kind of rigorous journalism is at the core of our work.”

Conclusion

The Times article sets forth very damaging allegations about the Cuban medical professionals in Venezuela. Apparently the allegations are supported by interviews with 16 Cuban medical professionals. The Times also attempted to obtain corroboration from the Venezuelan and Cuban governments with the latter denying the allegations, as reported in the article.

The key question is whether the 16 Cuban medical professionals told the truth to the Times’ journalist.

At least some of these Cubans no longer live or practice in Venezuela, and they might have a motive to lie or shade the truth in order to curry favor from the U.S. government for entry into the U.S., especially if it re-institutes its Parole for Cuban Medical Professionals program, as some Trump Administration officials and U.S. senators have proposed.[4]

On the other hand, the Cuban government has a strong interest in maintaining its lengthy and very supportive relationship with Venezuela, including the maintenance of Maduro as president.

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[1] Casey, Trading Lifesaving Treatment for Maduro Voters, N.Y. Times (Mar. 17, 2019).

[2] Chasing Lies: The New York Times against the ethics of Cuban health, CubaDebate (Mar. 19, 2019); ‘The New York Times’ to Díaz-Canel: ‘Rigorous journalism is the core of our work,’ Diario de Cuba (Mar. 20, 2019)

[3] See n. 2.

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

Cuba Abandons Rhetorical Restraint in Comments About U.S.

Reuters has concluded that Cuba “has jettisoned rhetorical restraint” in commenting on U.S. policies and threats. [1]

The latest example of this new Cuba approach is its government broadcasting footage of military defense exercises showing “Soviet-era tanks rolling out from mountain caves, soldiers manning anti-aircraft missile batteries, spandex-clad women shooting rifles and factory workers taking up [military defense] positions around their plants.” This is described as training for “The War of the Whole People.”

This Cuban reaction, although lamentable, is understandable ever since the obvious increasing influence of National Security Advisor John Bolton, long known for hostile opinions about Cuba, as evidenced by his speech last November in which he called Cuba, Venezuela and Nicaragua as the “Troika of Tyranny.” More recently the U.S. has been hinting at U.S. military intervention in Venezuela with a possible spill-over against Cuba.

Another sign of Cuba’s “new” approach came last month in a speech by President Diaz-Canel denouncing a Trump speech as “high-handed, cynical, immoral, threatening, offensive, interfering, hypocritical, warlike and dirty.”

The long-simmering dispute between the U.S. and Cuba over the medical problems of some U.S. diplomats, while stationed in Cuba, saw more aggressive Cuban rhetoric on March 14 when Cuba denounced the U.S. continuing to call them “attacks” without any evidence and as part of a broader campaign to damage bilateral relations. Cuba’s director of U.S. affairs at its Foreign Ministry said, “The topic has been highly manipulated politically by the U.S. government, with unfounded accusations, that have been a pretext to take measures against bilateral relations. . . . This manipulation is also serving those who want to reinforce the idea Cuba is a threat and those who opportunistically look to catalog Cuba as a country that sponsors terrorism. It’s a scandal that the State Department is still using the term ‘attacks’ in its statements to the press, with total irresponsibility, This is a national security issue for Cuba, especially when you know the political intentions declared by some [U.S.] individuals, to conduct our relations by a pattern of confrontation.” [2]

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

[1] Reuters, In Cuba, Obama’s Detente Becomes History as Trump Threatens, N.Y. Times (Mar. 14, 2019). See also the posts listed in the “U.S. (Trump) and Cuba, 2016-17” and “U.S. (Trump) and Cuba, 2018” sections of List of Posts to dwkcommentaries—Topical: CUBA

[2] Reuters, Cuba Says USA, Not Canada, Manipulating Diplomat Health Incidents, N.Y. Times (Mar. 14, 2019); Assoc. Press, Cubans Again Dispute Claim Attacks Made Diplomats Ill, N.Y. Times (Mar. 14, 2019); Cuba reaffirms that there is no evidence of any sonic attack, Granma (Mar. 14, 2019). See also posts listed in the “U.S. Diplomats’ Medical Problems in Cuba, 2016—??” section of List of Posts to dwkcommentaries.com—Topical: CUBA

U.S. Modifies Its Cuba Restricted List

On March 11, the U.S.  State Department modified its Cuba Restricted List of Cuban entities and subentries with which Americans are forbidden to have financial transactions. This modification added to this List five sub-entities owned by the Cuban military. [1]

This List, which was first promulgated in November 2017 and then previously modified in October 2018, identifies entities and subentries the U.S. has concluded “disproportionately benefit the Cuban military intelligence, and security services or personnel at the expense of the Cuban people to private enterprise.” [2]

The Department’s announcement added, “the Cuban government further consolidated the regime’s one-party dictatorship through a flawed, undemocratic constitutional referendum on February 24. We also denounce Cuba’s role in propping the failed regime of former Venezuelan president, Nicolás Maduro. Cuban military and security forces have abetted Maduro ins quest to remain in power, contributing to the Venezuelan crisis, human rights abuses against Venezuelans, and to the untold suffering of the Venezuelan people.”

Nearly simultaneously, the U.S. State Department authorized U.S. litigation against entities on this List that trafficked in property owned by U.S. nationals that was expropriated by Cuba in 1959-60. {3}

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[1] U.S. State Dep’t, State Department Updates the Cuba Restricted List (Mar. 11, 2019); U.S. State Dep’t, Cuba Restricted List 

[2] New Restrictions on U.S. Travel to Cuba and Transactions with Certain Cuban Entities, dwkcommentaries.com (Nov. 8, 2017); More Cuban Businesses Forbidden to U.S. Visitors, dwkcommentaries.com (Nov. 16, 2018). 

[3] U.S. Authorizes U.S. Litigation Against Entities on Cuba Restricted List, dwkcommentaries.com (Mar. 5, 2019); U.S. State Dep’t, Senior State Department Official On Title III of the LIBERTAD Act (Mar. 4, 2019)

U.S. Authorizes U.S. Litigation Against Entities on Cuba Restricted List

On January 16, 2019, U.S. Secretary of State Mike Pompeo extended for 45 days the right to bring certain lawsuits in U.S. federal courts  by Americans who owned property in Cuba that was confiscated by its government. The stated reasons for this 45-day extension, instead of the long-standing practice of granting six-month extensions was to “permit us to conduct a careful review of the right to bring action under Title III [of the Helms-Burton or LIBERTAD Act] in light of the national interests of the United States and efforts to expedite a transition to democracy in Cuba and include factors such as the Cuban regime’s brutal oppression of human rights and fundamental freedoms and its indefensible support for increasingly authoritarian and corrupt regimes in Venezuela and Nicaragua.”  [1]

Secretary Pompeo’s New Statement [2]

On March 3, Secretary Pompeo issued another statement on this subject with two parts.

The first part granted “an additional suspension for 30 days through April 17, 2019, of the right to bring an action under Title III [of this federal statute as] necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.” with the below exception. Beginning March 19, suspension shall not apply to:

The second part of this statement, however, contained an exception to this further suspension. Beginning March 19, this suspension will not apply to the “right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time.” This exception protects, for now any foreign firm from such U.S. litigation.

The Cuba Restricted List [3]

This statement explained that the “Cuba Restricted List identifies entities and sub-entities under the control of Cuban military, intelligence, or security services. These security services are directly responsible for the repression of the Cuban people. We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.”

The first such Restricted List was promulgated by the State Department in November 2017,, with a list of 180 entities and subentities that the Department had determined were owned or controlled by “the large military-run corporations that dominate the Cuban economy. These include GAESA and CIMEX, the holding companies that control most retail business on the island; Gaviota, the largest tourism company; and Habaguanex, the firm that runs Old Havana.

This list was amplified on November 14,  2018, with the addition of 26 subentities. According to the State Department, “direct financial transactions [by U.S. nationals] with these entities are generally prohibited because they would disproportionately benefit those entities or personnel at the expense of the Cuban people or private enterprise in Cuba.”

Cuba’s Reaction  [4]

Also on March 4 the Cuba’s foreign Ministry issued the following lengthy rejection of this U.S. move:

  • “The Ministry of Foreign Affairs rejects in the strongest terms the new escalation in the US aggressive behavior against Cuba.”
  • “Since its entry into force in 1996, the Helms-Burton Act has sought to universalize the economic blockade through brutal and illegal pressures exerted by the United States against third countries, their governments and companies.  It is intended to suffocate the Cuban economy and generate or increase shortages among the population with the purpose of imposing in Cuba a government that serves the interests of the US.”
  • “Given the illegitimate character of the goals they pursue, which are contrary to International Law, the Helms-Burton Act and the blockade arouse universal rejection, which has been reiterated for almost three decades at the most important regional and international fora.  The most recent example of that was the United Nations General Assembly meeting held on November 1, [2018] when said policy was rejected through 10 consecutive votes, thus leaving the US in complete isolation.”
  • “Title II of the Helms-Burton Act states that the overthrowing of the revolutionary government, the subsequent tutelage by a US intervenor and the ultimate establishment of a counterrevolutionary government subordinated to Washington would unequivocally pursue the return or compensation to former owners for all the properties they or their descendants might claim, regardless of whether or not they were US citizens at the moment when nationalizations took place or the fact that they abandoned them. During all that period, the economic blockade would continue to be fully implemented.”
  • “Consequently, Cubans would be forced to return, reimburse or pay to US claimants for the house where they live, the area on which their communities are built, the arable land  where they farm  their products, the school where their children are educated, the hospital or polyclinic where  they receive medical assistance, the place where their workplace is located or where they have a private business, and also for subsidized services such as electricity, water, and communications enjoyed by the population.”
  • “This is an aspiration that can only be conceived by the minds of those who identify Cuba s a colonial possession.  According to the Helms-Burton Act, the economic blockade would be lifted only when that ambition is fulfilled.”
  • “This law relies on two fundamental lies: the notion that nationalizations carried out soon after the triumph of the Revolutionary were illegitimate or inappropriate and that Cuba is a threat to the US national security.”
  • “Cuban nationalizations were carried out in accordance with the law, strictly abiding by the Constitution and in conformity with International Law. All nationalizations included processes of fair and appropriate compensation, something that the US government refused to consider.  Cuba reached and honored global compensation agreements with other nations which are today investing in Cuba, such as Spain, Switzerland, Canada, United Kingdom, Germany and France.”
  • The real threat against regional peace and security are the irresponsible declarations and actions of the US government as well as the destabilizing plans against Latin America and the Caribbean aimed at pursuing the stated purpose of imposing the Monroe Doctrine.”
  • [Cuba’s] Reaffirmation of   Cuban Dignity and Sovereignty Act of December 24, 1996, states that the Helms-Burton Act is illegal, inapplicable and has no legal value or effect whatsoever. It considers null and void any claim under that law by any natural or juridical person.”
  • “According to that [Cuban] law, claims for compensation for nationalized properties could be part of a process of negotiation on the based on equality, mutual respect between the governments of Cuba and the United States, and be “reviewed together with the indemnifications the Cuban State and people are entitled to as a result of the damages caused by the blockade and   aggressions of every sort, of which the US government is responsible”. It also makes it clear that those who resort to procedures or mechanisms under the Helms-Burton Act to the detriment of others shall be excluded from possible future negotiations.”
  • “The Cuban Government reiterates to all economic partners and foreign companies operating in Cuba that full guarantees will be granted to foreign investments and joint projects. Article 28 of the Cuban Constitution, which was ratified by an overwhelming majority on February 24, 2019, also recognizes those guarantees, which are also included in [Cuban] Law No. 118 on Foreign Investments of March 29, 2014.”
  • “Today’s [U.S.] decision imposes additional obstacles to our economic development and progress goals, but the United States will keep on failing to achieve its main purpose of submitting by force the sovereign will of Cubans and our determination to build socialism. The majority feelings of the peoples of Cuba and the United States in favor of improving relations and establishing a civilized and respectful coexistence shall prevail.”

Other Reactions

John Bolton, U.S. National Security Advisor commented the same day in the following tweet: “Cuba’s role in usurping democracy and fomenting repression in Venezuela is clear. That’s why the U.S. will continue to tighten financial restrictions on Cuba’s military and intel services. The region’s democracies should condemn the Cuba regime.”

Senator Marco Rubio (Rep., FL) had a similar tweet: “Today expect the United States to take the first in a series of steps to hold the regime in #Cuba accountable for its 60 years of crimes & illegality which includes its support for the murderous #MaduroCrimeFamily. Justice is coming. And more to come.”

Rubio also joined with U.S. Senator Rick Scott (Rep., FL) and U.S. Representative Mario Diaz-Balart (Rep., FL) in issuing the following lengthier statement supporting this Trump Administration move. [5]

Senator Rubio made the initial comments of the Press Release,“‘President Trump is sending a strong message that the United States will not sit idly by while the Cuban regime continues to support the Maduro crime family at the expense of the Venezuelan people,’ Rubio said. ‘For 60 years, the Cuban regime has forced millions into exile, destabilized neighboring countries, given safe harbor to fugitives from justice and to international terrorists, and made millions trafficking in stolen property. By beginning the process of implementing Title III of the Helms-Burton Libertad Act, the United States is holding the Cuban regime accountable for its crimes, including its support for the murderous Maduro crime family. Justice is coming — and it is just getting started.’”

Senator Scott added, “The Administration’s plan to fully and immediately implement Title III and IV of the Libertad Act signals to the international community that the United States is serious about its commitment to freedom and democracy in Cuba. Allowing American citizens to sue for stolen property in Cuba and denying foreign nationals involved in trafficking stolen property entry into the United States is a huge step toward cutting off the money supply to the Castro Regime. It is clear that where we see instability, chaos and violence in Latin America, we also see the fingerprints of the Castro regime and their money – and this action by the administration is an important step in stabilizing the entire region. President Trump’s strong action on the Libertad Act will further hold the Cuban regime accountable. I urge him to continue with the planned implementation this month so we can help begin a new day of freedom and democracy for Cuba and its people.”

Representative Diaz-Balart stated, “Today, the Trump Administration took another important step toward righting some of the wrongs perpetrated by a dictatorship that brutally oppresses its people and opposes U.S. interests at every opportunity. Shamefully, for nearly twenty-two years since the LIBERTAD Act’s enactment, unscrupulous businesses have ignored this important provision in U.S. law and have chosen to partner with tyrants. This is just the first action of many regarding the Administration’s actions on Title III. Justice for the victims of the Castro regime’s confiscations is long overdue. Years of consecutive extensions may have lulled some into a false sense of impunity. Yet now companies which willingly entangle themselves in partnerships with the anti-American, illegitimate, and oppressive regime in Cuba are on notice that they will be held responsible for their part in callously benefiting from the extensive losses suffered by victims of the regime. I will continue to work with the Administration, Senator Rubio, and my congressional colleagues to ensure the United States continues to pressure the Castro regime and move forward with the full implementation of Title III.”

 Conclusion

This U.S. announcement may have only symbolic significance.

First, according to the Associated Press, “virtually none of the businesses [on the State Department’s Cuba Restricted List has] . . . any links to the U.S. legal or financial systems, meaning the ability to sue [in the U.S.] is unlikely to have any effect on the Cuban economy or foreign businesses that work with the socialist government.” In lawyer’s language, any lawsuit in a U.S. court against an entity on the Cuba Restricted List should be subject to a very strong objection for lack of personal jurisdiction over the Cuban entity, meaning any such case very likely would be dismissed at the commencement of the case. [6]

Second, another potential defense to a U.S. lawsuit might be sovereign immunity.

Third, it would be insane for any U.S. claimant to sue any of the Cuban entities in a Cuban court, which would throw out any such case and perhaps impose some penalty on the claimant for bringing such a case.

Fourth, if any of the Cuban entities are present in other countries of the world, a lawsuit there by a U.S. claimant presumably would not be subject to a lack of personal jurisdiction defense, but other defenses might be available plus other countries’ possible hostility to the overall purposes of the Helms-Burton Act and U.S. policies towards Cuba.

Finally Cuba correctly observes that it recognizes that it has an international legal obligation to compensate foreign owners of expropriated property and that it has settled many (all?) such claims by non-U.S. persons. Moreover, under the U.S.-Cuba rapprochement in 2015-16 the two counties had discussions about the U.S. claims although the details have not been publicly released. A major impediment to such a negotiated settlement is Cuba’s lack of financial resources for such payments. Therefore, this blogger has suggested in another post that the only realistic result is for the two countries to reach an overall settlement, including Cuba’s claims against the U..S., which would have the net effect of the U.S. government’s paying the U.S. claims for expropriated property,   =================================

[1] Update on Trump Administration’s Threat To Allow U.S. Litigation Over Cuba’s Expropriated Property, dwkcommentaries.com (Jan. 30, 2019).

[2] State Dep’t, Secretary Enacts 30-Day Suspension of Title III (LIBERTAD Act) With an Exception (Mar. 3, 2019); Reuters, Foreign Partners Excluded From U.S. Lawsuits Against Cuban Firms: Official, N.Y. times (Mar. 4, 2019). 

[3] New Restrictions on U.S. Travel to Cuba and Transactions with Certain Cuban Entities, dwkcommentaries.com (Nov. 8, 2017);More Cuban Businesses Forbidden to U.S. Visitors, dwkcommentaries.com (Nov. 16, 2018).

[4] Cuba Foreign Ministry, Declaration of the Ministry of Foreign Affairs: Cuba Strongly Rejects New Aggressive Escalation by the United States (Mar. 4, 2019).

[5] Press Release: Rubio, Scott, & Diaz-Balart Commend Trump Administration’s Decision to Hold the Communist Cuban Regime Accountable for Crimes (Mar. 4, 2019).

[6] Assoc. Press, Trump Symbolically Tightens Embargo on Cuba, N.Y. Times (Mar. 4, 2019). See The Personal Jurisdiction Requirement for Civil Lawsuits in U.S. Courts, dwkcommentaries.com (Aug. 8, 2011).