United States of America (USA) – Page 51

Recent News about U.S. Government’s Actions Regarding Cuba

On February 13th the U.S. Department of State announced that a new regulation will allow certain goods and services produced by independent Cuban entrepreneurs to be imported into the U.S. Cuba’s nascent private sector includes self-employed individuals, private small businesses, and private cooperatives that are independent of Cuba’s state sector. [1]

However, many goods were excluded from the liberalization, including food and agricultural products, alcohol, minerals, chemicals, textiles, machinery, vehicles, arms and ammunition.

Exports of all services are permitted. Some observers believe this may be more significant. This, for example, could allow Cuban graphic designers, computer programmers, market researchers or party planners to acquire U.S. clients.

On the diplomatic front, the U.S. reportedly is pressing Cuba to agree to restoration of normal diplomatic relations before the Summit of the Americas in Panama in April. This blogger, however, thinks that is unlikely given the inconclusive results of the initial negotiations in Havana in January and the lack of any announcement of a second round of talks that supposedly were going to happen in Washington this month.

More importantly Cuba has made statements suggesting that normal relations could not be commenced until the U.S. agrees its diplomats would not have private meetings with Cuban dissidents and rescinds its designation of Cuba as a “State Sponsor of Terrorism.” Based on publicly available information, neither of these will happen before April. In addition, President Raúl Castro has suggested that such relations could only happen after the U.S. ends the embargo, pays compensation to Cuba for its alleged damages from the embargo and returns Guantanamo Bay to Cuba. Clearly these will not happen before April, if ever.

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[1] This account of the new regulations is based upon a Department of State document and reports from Reuters and Associated Press.

Senator Klobuchar Introduces Bill To End Embargo of Cuba

On February 12, 2015, Minnesota’s U.S. Senator Amy Klobuchar introduced S.491: Freedom to Export to Cuba Act. Its five cosponsors are Senators Richard Durbin (Dem., IL). Mike Enzi (Rep., WY), Jeff Flake (Rep., AZ), Patrick Leahy (Dem., VT) and Debbie Stabenow (Dem, MI). The bill was referred to the Senate’s (a) Banking, Housing and Urban Affairs and (b) Foreign Relations Committees.

Comments on S.491

Senator Klobuchar’s press release said the bill would eliminate the legal barriers to Americans doing business in Cuba and thereby pave the way for new economic opportunities for American businesses and farmers by boosting U.S. exports and allowing 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. [1]

This press release also stated, “It’s time to the turn the page on our Cuba policy. Fifty years of the embargo have not secured our interests in Cuba and have disadvantaged American businesses by restricting commerce with a market of 11 million people just 90 miles from our shores. There are many issues in our relationship with Cuba that must be addressed, but this legislation to lift the embargo will begin to open up new opportunities for American companies, boost job creation and exports, and help improve the quality of life for the Cuban people.” [2]

She subsequently told a Minnesota newspaper, “There’s been a sea change in terms of how people are thinking about Cuba. I think it’s really important to get people from the Midwest involved. Our interests are different than some of the other people traditionally involved in this issue. … We come at it from a production perspective, from the perspective of wanting to sell things there.” [3]

Klobuchar’s bill was endorsed by the United States Agricultural Coalition for Cuba. Its Chair, Devry Boughner Vorwerk of Cargill Incorporated, said, “We appreciate Sen. Klobuchar’s leadership to advance this bipartisan bill, modernize U.S. policy toward Cuba and boost opportunities for American agriculture. Ending the embargo will enable our agriculture sector to work in partnership with Cuba and the Cuban people, develop a meaningful trading relationship and create jobs across many sectors of our own economy.”

Internal Senate Political Concerns

As previously mentioned S.491 was referred to two committees: the Senate Banking, Housing and Urban Affairs Committee and the Foreign Relations Committee, each of which presents problems for successful passage of the bill. [4]

The Banking Committee has 12 Republican and 10 Democratic members. Its Chair is Richard Shelby (Rep., AL) while its Ranking Member is Sherrod Brown (Dem., OH). With two and maybe three exceptions, my initial impression is that the Republican majority will be opposed to the bill while the Democrats will support the bill. The two exceptions are Republican Jerry Moran (KS), who supports ending the embargo, and Democrat Robert Menendez (NJ), who opposes such action. The other possible exception is Republican Bob Corker (TN), who chairs the Senate Foreign Relations Committee and who issued a noncommittal statement about the December 17th rapprochement.[5]

The Foreign Relations Committee has 10 Republican and nine Democratic members. Its Chair is the previously mentioned Bob Corker (Rep., TN) and its Ranking Member is Robert Menendez (Dem., NJ). With three and maybe four exceptions, my initial impression is that the Republican majority, including Marco Rubio (FL), a Cuban-American who strongly and repeatedly opposes reconciliation, will oppose the bill while the Democratic minority will support the measure. The exceptions are Republicans Jeff Flake (AZ) and Rand Paul (KY), who have supported ending the embargo, and Democrat Menendez, a Cuban-American who vehemently opposes reconciliation with Cuba, including ending the embargo. The possible exception is Chair Corker, who has issued a noncommittal statement on the rapprochement. Thus, it is conceivable that there could be a 10-9 (or even a 11-8) vote approving the bill in committee. But if it does not also get out of the Banking Committee, that probably means very little.

These internal Senate political considerations prompted Klobuchar to acknowledge to the Minnesota newspaper that the Foreign Relations Committee’s obstacles for the bill “are clearly something to be reckoned with … but it doesn’t mean that two people [Senators Rubio and Menendez] can stop the whole thing.” She added that the legislation could come up through the Banking. Housing and Urban Affairs Committee or be passed in piecemeal fashion through other bills.

Minnesota Representative Collin Peterson, who is a cosponsor of a companion bill (H.R.403) in the House of Representatives, also talked to the Minnesota newspaper about the political difficulties of passing such measures. Indeed, he called the odds of lifting the embargo this year as “thin” due to the political sway of the older generation of Cuban-Americans in certain congressional districts.

Peterson thought the elimination of the embargo will “help [Minnesota farmers] a little bit” by increasing demand and, therefore, farm prices, “but it’s marginal in the whole scheme of things.”

Conclusion

I thank and congratulate Senator Klobuchar for introducing this important bill and the six other senators for cosponsoring the bill.

I conclude by adding the following three reasons for ending the embargo that I have not seen elsewhere:

1. Without the embargo, the U.S. would not face the annual fall nearly unanimous condemnation of the embargo by the U.N. General Assembly.

2. The elimination of the embargo might assist the U.S. in combatting the increasing Chinese and Russian influence in Latin America.

3. Cuba repeatedly has claimed that the embargo has caused damage to its economy, and at last Fall’s U.N. General Assembly meeting Cuba asserted the total damages were $1.1 trillion. That obviously is a very large amount of money. I am confident that in any litigation or arbitration over such a claim the U.S. would mount a thorough critique and arguments to rebut the claim, including evidence and argument that any alleged damages were caused by Cuban ineptitude and that the major premise of the argument (the illegality of the embargo under international law) was unfounded. Nevertheless, as is true in any disputed claim like this, there can be no 100% guarantee that the claim will be rejected in its entirety. Thus, this damage claim must be recognized as a contingent liability of the U.S., and ending the embargo will minimize the amount of that liability.

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[1] On January 15th the Congressional Research Service issued CRS Report 4388: “Cuba Sanctions: Legislative Restrictions Limiting the Normalization of Relations” In a 15-page table it “lists the various provisions of laws comprising economic sanctions on Cuba, including key laws that are the statutory basis of the embargo, and provides —on the authority to lift or waive these restrictions.”

[2] Similar press releases were issued by Senators Durbin and Leahy.

[3] Sherry, Sen. Klobuchar leads effort in U.S. Senate to life Cuba trade embargo, StarTribune (Feb. 13, 2015).

[4] The THOMAS legislative service of the Library of Congress late on February 12th said the bill was referred to both of these committees, but on February 13th it said it was only referred to the Banking Committee. Since the embargo clearly relates to foreign relations, I assume the latter THOMAS version is incorrect.

[5] Research-backed comments and corrections on the positions regarding Cuba by the members of these committees are solicited and welcome.

Minnesota Orchestra To Go to Cuba

Minnesota continues to be a national leader in promoting our country’s reconciliation with Cuba. The latest participant in this campaign is the Minnesota Orchestra, which will play two concerts at Havana’s Teatro Nacional on Plaza de la Revolucion [1] on May 15 and 16.

At the invitation of the Cuban Ministry of Culture, Music Director Osmo Vänskä and the Orchestra will play Beethoven’s Choral Fantasy with the Cuban National Choir and Cuban pianist Frank Fernandez. The also will perform Beethoven’s Symphony No. 3, Eroica, and other numbers to be announced.

These concerts will be part of the 19th annual Cubadisco Festival, which also encompasses one of the most important recording competitions in Cuba. The focus this season is symphonic and choral music. The Orchestra also will participate in community engagement activities.

The Orchestra will be the first U.S. orchestra to visit the island nation since President Obama’s December 17th announcement of steps to re-establish diplomatic relations with Cuba.

The Orchestra’s Concertmaster Erin Keefe said, “We are humbled to be a part of the exciting process of reestablishing America’s cultural ties with the nation of Cuba. This tour represents a unique chance to bring two cultures together through music, and we could not be more grateful for the opportunity.”

Now I will solicit the Orchestra members to participate in Minnesotans for U.S.-Cuba Reconciliation.

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[1] The Plaza is the 31st largest public square in the world; it measures 72,000 square meters (774,936 square feet) and has been the site for crowds of 1 million for major speeches by Fidel Castro and for a mass celebrated by Pope John Paul II.

American People’s Reactions to U.S.-Cuba Reconciliation

After looking at international, Cuban and U.S. Government reactions to the December 17th announcement of U.S.-Cuba reconciliation, we now examine the reactions of the American people.

Those reactions can be obtained from public opinion polls and the views of prominent Americans, newspapers and business interests and from efforts to promote understanding of the issues and congressional support of the changes.

American public opinion polls consistently have shown that a majority of Americans favor reestablishing relations with Cuba. In April 2009 the favorable opinion ranged from 60% to 71% with the opponents from 20% to 30%. In April 2014 it was 51% to 20%, and in October 2014, 56% to 29%. [1]

This was confirmed just after President Obama’s December 17th announcement of the breakthrough with Cuba in a poll conducted by ABC News and the Washington Post. Re-establishing diplomatic relations was supported, 64% to 31%. Ending the embargo, 68% to 29%. Ending travel restrictions, 74% to 24%. [2]

On January 19, 2015, over 70 prominent Americans sent a letter to President Obama ”commending [him] on the historic actions [he is] taking to update America’s policy toward Cuba and Cuban citizens. Our new posture of engagement will advance our national interests and our values by empowering the Cuban people’s capacity to work towards a more democratic and prosperous country–conditions that are very much in the U.S. interests.” [3]

The New York Times’ editorial of December 18, 2014, “Mr. Obama’s Historic Move on Cuba,” stated that the changes in U.S. relations with Cuba “ends one of the most misguided chapters in American foreign policy. The White House is ushering in a transformational era for millions of Cubans who have suffered as a result of more than 50 years of hostility between the two nations.”

The Wall Street Journal’s editorial on the announcement of the changes first admitted that “20 years ago these columns called for lifting the U.S. trade embargo on Cuba. We did so to assist the impoverished Cuban people and perhaps undermine the regime.” The Journal, however, went on to argue that “Mr. Obama’s approach will provide immediate succor to the Castro government in the hope of eventually helping the Cuban people.” A similar negative view was expressed by the Journal’s conservative columnist, Mary Anastasia O’Grady, “So How’s That Cuba Deal Going?” Another of the Journal’s conservative columnists, Peggy Noonan, however, reached a different conclusion in her article, “The Cuban Regime is a Defeated Foe: In time, normalized relations will serve the cause of freedom.”

An even more negative review was provided in the Washington Post’s editorial, “President Obama’s ‘betrayal’ of Cuban democrats.”

On January 8, 2015, the United States Agricultural Coalition for Cuba was launched by 30 companies and other organizations “to strive to turn Cuba from an enemy to an ally . . . by building trade relations with an honest appraisal of the past and a fresh look to the future.” This mission is based upon the beliefs that “the improvement of agricultural trade between the U.S. and Cuba is the foundation for building successful and enduring relations between the two countries” and that “an increased exchange of ideas, knowledge, capital and credit will benefit both countries.” Speaking in support of this Coalition were U.S. Secretary of Agriculture (Tom Vilsack), Governor of Missouri (Jay Nixon), U.S. Senators Amy Klobuchar (Dem., MN) and Jerry Moran (Rep., KS) and U.S. Representatives Sam Farr (Dem., CA), Kevin Cramer (Rep., ND) and Rodney Davis (Rep., IL).

Another supporter of the reconciliation, including the ending of the embargo, is the U.S. Chamber of Commerce, the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations. On December 17, 2014, it stated, ““The U.S. business community welcomes today’s announcement, and has long supported many of the economic provisions the president touched on in his remarks. We deeply believe that an open dialogue and commercial exchange between the U.S. and Cuban private sectors will bring shared benefits, and the steps announced today will go a long way in allowing opportunities for free enterprise to flourish. The Chamber and its members stand ready to assist as the Cuban people work to unleash the power of free enterprise to improve their lives.”

CodePINK (Women for Peace) has started a campaign to have citizens: “Tell Congress that you support the President’s effort to improve US-Cuba relations, and you’d like them to go even further by lifting all travel restrictions, take Cuba off the terrorist list, and return Guantanamo naval base to the Cuban people.”

An important event to promote Minnesotans understanding of these issues will be on February 23rd (9:30-11:00 a.m.): “Modernizing U.S.-Cuba Relations Summit.” [4] This Summit has been called by our Senator Amy Klobuchar, a self-identified “strong supporter of normalizing ties with Cuba and increasing travel and commerce that could create new economic opportunities for American farmers and businesses while increasing the quality of life for Cubans.” After the Senator’s opening remarks, the keynote speaker will be Michael Scuse (Undersecretary for Farms and Foreign Agricultural Services, U.S. Department of Agriculture). The Senator will then moderate a panel discussion with Dave Fredrickson (Commissioner, Minnesota Department of Agriculture), Devry Boughner Verwerk (Cargill Incorporated’s Director of Latin American Corporate Affairs and Chair of the U.S. Agricultural Coalition for Cuba), Rodolfo Gutierrez (Executive Director, Hispanic Advocacy and Community Empowerment through Research) and Ralph Kaehler (Minnesota farmer who has participated in trade missions to Cuba).

I am helping to organize Minnesotans for U.S.-Cuba Reconciliation to inform the citizens of our state about the importance of this breakthrough and to mobilize public opinion to persuade our representatives in Congress to support the various measures to implement such reconciliation.

Conclusion

Now is the time for U.S. citizens who want to see our country reconciled with Cuba to be active. Say thank you and support, politically and financially, senators and representatives who support this effort. Identify those in Congress who appear to be open to this point of view from the citizenry and communicate your views to them. Write letters to the editor or op-ed articles for publication. Or, like me, research and write blog posts on the issues. Talk with your friends and colleagues.

Fellow Minnesotans should contact me to join Minnesotans for U.S.-Cuba Reconciliation. Citizens in other states, I hope, will organize similar groups.

I also invite comments to this post with corrections or additional facts and sources regarding the American people’s reactions to this important change in our country’s relations with Cuba.

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[1] Edwards-Levy, Polls Show Support for U.S. To Re-Establish Ties with Cuba, Huff. Post (Dec. 18, 2014); Dugan, Americans on Cuba: For Normalized Relations, but Party Divide Exists, Gallup (Dec. 18, 2014).

[2] Holyk, Poll Finds Broad Public Support for Open Relations with Cuba, abc News (Dec. 23, 2014).

[3] Fuerte, Prominent USA personalities Urge Obama to Deepen Relationship with Cuba, Havana Times (Jan 19, 2015). The signers of the letter included Bruce Babbitt (former Governor of Arizona and former U.S. Secretary of the Interior), Harriett Babbitt (former U.S. Ambassador to the Organization of American States), Samuel Berger (former U.S. National Security Advisor), Chet Culver (former Governor of Iowa), Francis Fukuyama (Stanford University), Dan Glickman (former U.S. Congressman and former U.S.Secretary of Agriculture). Thomas Pickering (former U.S. Ambassador and former U.S. U.S. Under Secretary of State for Political Affairs), Bill Richardson (former Governor of New Mexico and former U.S. Ambassador to the U.N.), Ken Salazar, former Colorado Attorney General, former U.S. Senator and former U.S. Secretary of the Interior), George Schultz (Former U.S. Secretary of State, Treasury and Labor) and Strobe Talbott (former U.S. Deputy Secretary of State).

[4] The Summit will be at at the University of Minnesota College of Continuing Education, Room 135, 1890 Buford Avenue, St. Paul, MN 55108. It is free and open to the public. Please RSVP to Clara_Haycraft@Klobuchar.senate.gov.

Cuba’s Reactions to U.S.-Cuba Reconciliation

Determining the overall reactions of Cubans to the December 17th announcement of their country’s embarking on a path of reconciliation with the U.S. is difficult for anyone, much less a non-Cuban living in Minnesota. Nevertheless, I will attempt to do so based upon generally available information filtered through my having been to Cuba on three church mission trips over the past 12 years, my listening to others from my church who have been on other such trips, my talking with Cubans on the island and in the U.S. and following carefully the news on this subject during these years. My analysis also endeavors to put myself in the shoes of Cubans in this historical moment.

This analysis focuses first on the actions of the leaders of the Cuban government and then on the reactions of the Cuban people.

The Cuban Government

First, the Cuban government over 18 months conducted secret negotiations with the U.S. government to achieve the breakthrough on December 17th when President Raûl Castro announced this important development to the Cuban people.

At that time Castro said, “We need to learn to live together in a civilized way, with our differences,” He also exulted in the release of the three Cuban agents from U.S. prison, saying it was a cause of “enormous joy for their families and all of our people.” He praised President Obama with these words””This decision by President Obama deserves respect and recognition by our people.”

Subsequently President Raûl Castro has made other statements reiterating his government’s commitment to the process of reconciliation while also emphasizing some of the difficulties in achieving complete normalization.

In his December 20th speech to Cuba’s National Assembly, President Castro said, “The Cuban people are grateful [for Mr. Obama’s decision] to remove the obstacles to our relations.” He also stated, “”In the same way that we have never demanded that the United States change its political system, we will demand respect for ours.”
At the January 28th CELAC conference in Costa Rica, President Castro stated, “The reestablishment of diplomatic relations is the beginning of a process of . . . normalization of bilateral relations, but this will not be possible as long as the [U.S. embargo or] blockade exists, or as long as the territory illegally occupied by the Guantanamo Naval Base is not returned, or radio and television broadcasts which violate international norms continue, or just compensation is not provided our people for the human and economic damage that they have suffered.” In essence, he said, “Cuba and the United States must learn the art of civilized co-existence, based on respect for the differences which exist between both governments and cooperation on issues of common interest. . . . [In doing so Cuba will not ] renounce its ideals of independence and social justice, or abandon a single one of our principles, nor cede a millimeter in the defense of our national sovereignty.” Raul Castro continued, “If these problems are not resolved, this diplomatic rapprochement between Cuba and the United States makes no sense.”

Raúl’s brother, Fidel Castro, belatedly voiced his guarded approval. On January 27th, Fidel said,“I do not trust the politics of the United States, nor have I exchanged a word with them, but this is not, in any way, a rejection of a peaceful solution to conflicts. Any peaceful or negotiated solution to the problems between the United States and the peoples or any people of Latin America that doesn’t imply force or the use of force should be treated in accordance with international norms and principles. We will always defend cooperation and friendship with all the people of the world, including with our political adversaries.” His brother, Fidel said, had “taken the relevant steps in line with the prerogatives and authorities awarded to him by the National Assembly and the Cuban Communist Party.”

Moreover, the Cuban government has fulfilled its obligations under the accord with the U.S. to release from its jails and prisons Alan Gross, a U.S. spy and 53 Cuban dissidents.

In addition, Cuba hosted a visit of a delegation of U.S. Senators and Representatives led by Senator Leahy and the January 21-22 diplomatic conference in Havana to discuss additional steps of normalization. Although no significant agreements were reached on specific issues, both governments spoke of the spirit of respect and cooperation that was present in those sessions. The diplomatic conference was discussed in posts before and after the sessions.

The day before this conference, a senior official from Cuba’s foreign ministry told reporters that it was “unfair” to keep Cuba on the U.S. list of state sponsors of terrorism and that Cuba “cannot conceive of re-establishing diplomatic relations” while Cuba remains on that list.”

After the conference, Cuba’s top diplomat for U.S. affairs, Josefina Vidal, said, “One can’t think that in order to improve and normalize relations with the U.S., Cuba has to give up the principles it believes in. Changes in Cuba aren’t negotiable.” She also objected to allowing U.S. diplomats on the island to have liberty to go anywhere until they conducted themselves with total respect for Cuban laws. The last point was in response to the U.S. insistence that its diplomats in Havana have the unrestricted ability to travel within the country and to meet with whomever it wants, including Cuban dissidents. Vidal re-emphasized this position in an extensive February 2nd interview in Granma, Cuba’s only newspaper.

The Cuban People [2]

As there are no national public opinion polls in Cuba, assessing such opinion relies on a melange of sources.

Immediately after the December 17th announcement of the detente, Granma reported that the Cuban people were “overjoyed to the two great events of the day, year and century: the return to the country of three Cuban heroes who were previously incarcerated in U.S. prisons, and the announcement of the reestablishment of diplomatic relations between Cuba and the U.S.”

The day after the announcement a Western journalist reported that “many Cubans expressed hope . . . that it will mean greater access to jobs and the creature comforts taken for granted elsewhere, and lift a struggling socialist economy where staples like meat, cooking oil and toilet paper are often hard to come by. That yearning, however, was tempered with anxiety. Some fear a cultural onslaught, or that crime and drugs, both rare in Cuba, will become common along with visitors from the United States. There is also concern that the country will become just another Caribbean destination.”

Another western journalist, William Neuman, this last Christmas made a 17-hour car trip around the island and observed that in his “conversations with Cubans about the lifting of parts of the American embargo and the re-establishment of diplomatic relations, what they talked about most was that they hoped it would breathe life into the economy and eventually lead to a better standard of living.”

In early January an Associated Press journalist interviewed 10 of the 53 Cuban dissidents who were released from jail or prison by the Cuban government as part of the December 17th announcement, and eight of them “expressed confidence the decrease in tensions with the U.S. will improve life in Cuba and make their activism easier. Only one had a negative view of the deal.”

More recently, on January 23rd in Havana U.S. Assistant Secretary of State Roberta Jacobson hosted a meeting in Havana of certain Cuban dissidents, as discussed in a prior post. Some of those in attendance were opposed to the detente while others supported it. (The Cuban government was very unhappy over this meeting.)

On February 3rd a subcommittee of the U.S. Senate Foreign Relations Committee held a hearing about the detente. Four of the witnesses were the following Cuban dissidents.

Berta Soler, President of Cuban Ladies in White, testified about the continued arrests and harassment of dissidents by the Cuban government.
Mrs. Miriam Levia, a human rights advocate and independent journalist, testified, “While many dissidents and opponents support the new approach of the American Administration in the relations with the Cuban government, others do not. Nevertheless, the objective is the same: defense of human rights, democratic values, and friendship and assistance to the Cuban people. Likewise in the opposition and dissidence, we all seek the wellbeing and progress of the Cuban people and our country.” She added, “Reestablishing relations will grant a better environment for the American diplomats in Cuba, their contacts with the Cuban population and the civil society, and their ability to access a direct channel to the national officials, among other issues. Normalizing the 56 years long estrangement will take a long time. But there is now a unique opportunity to assist the Cuban people and it must not be wasted. . . .The American policy towards the Cuban government has disserved it for 56 years, so it must be changed. The embargo must be lifted for the benefit of our peoples and nations.”
Manuel Cuesta Morúa, representing the Progressive Arc and Coordinator of New Country, testified, “Do not believe that the change in U.S. policy will bring us freedom, which would be the best outcome. The freedom of Cuba is exclusively a matter for Cubans. But believe me, that new policy will give us better options for us to obtain it by ourselves.”
Rosa Maria Paya, a member of Christian Liberation Movement and Daughter of Slain Dissident Oswaldo Paya Sardińas, testified, ““Your government must move forward and extend a hand to the people and government of Cuba, but with the request that the hands of Cuban citizens not be tied. Otherwise, the opening will only be for the Cuban government, and will be another episode of an international spectacle full of hypocrisy. A spectacle that reinforces oppression, and plunges the Cuban people deeper into the lie and total defenselessness, seriously damaging the desire of Cubans for the inevitable changes to be achieved peacefully. The pursuit of friendship between the United States of America and Cuba is inseparable from the pursuit of liberty. We want to be free and be friends.” God bless and protect our peoples.”

This January David Adams of Reuters reported that “most Cubans firmly oppose U.S. policies and the long economic embargo . . . but admire U.S. culture. Many have relatives living in the United States, Cuban teenagers listen more to rap and hip hop than to home-grown son and salsa, and baseball is the country’s most popular sport.” Adams cites three examples:

Miguel Barnet, a poet and anthropologist and a member of Cuba’s powerful Council of State, “fondly recalls his teenage years in the 1950s, attending one of Havana’s elite private schools, singing in the Episcopal church choir and performing in American musicals.‘I love North American culture, I was shaped by it.’”
The official historian of Havana, Eusebio Leal, added, “We never burned an American flag in Cuba. We Cubans don’t have our hands soaked in American blood. There is no anti-American hatred here.”
Camilo Martinez, the operator of a small Havana bed and breakfast, said, “Everyone wants to see what the future will bring. They can taste the consumer benefits in the future. No one can stop this. Everyone wants to work with people in the United States, we all have friends and relatives there …. Everyone can see the future: McDonald’s, Home Depot, Walmart.”

A first-time visitor to Cuba reported in January that If you ask [Cubans] about politics, the response often starts with a deep breath or shrug. Cubans are mostly interested in economic improvement, one invariably hears, and an intangible ‘normal’ in their lives.”

Another measure of the Cuban people’s desperate economic conditions and their reactions to the detente was a post-December 17th surge in the number of U.S. Coast Guard interdictions of Cubans attempting to reach the U.S. illegally in rafts. They apparently were motivated in part by fear that the detente would mean an end to the U.S. “wet foot/dry foot” immigration policy allowing Cubans who reached U.S. soil to remain in the country.

Conclusion

The Cuban government clearly has concluded that an accord with the U.S. was in Cuba’s national interest. It potentially reduces, if not eliminates, a feared hostile U.S. intervention. It should lead to increased U.S. investment in Cuba and increased U.S. tourism, all benefiting the Cuban economy and the economic lives of many of its citizens. Such positive impacts will be enhanced by the anticipated abolition of the U.S. embargo or blockade of the island. These considerations for Cuba presumably were enhanced by the increasing economic troubles, if not possible implosion, of Venezuela, which has been a major Cuban benefactor.

On the other hand, the Cuban government has recognized, as has the U.S., that there are many difficult problems that have accumulated over the last 50-plus years that must be addressed, but will not be easy to resolve.

I concur in the observations of the previously mentioned journalists that most Cubans have warm feelings toward the American people and culture and are hopeful that the accord will result in improvements in their daily lives.

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[1] Reuters, Cuba’s Castro Hails New Era of Living Together with U.S., N.Y. Times (Dec. 18, 2014); Cave, Raúl Castro Thanks U.S., but Reaffirms Communist Rule in Cuba, N.Y. Times (Dec. 20, 2014); Reuters, Cuba Says U.S.Must Respect Its Communist System, N.Y. Times (Dec. 20, 2014); Assoc. Press, Cuba Digs in Heels on Concessions as Part of Better US Ties, N.Y. Times (Jan. 25, 2015); Burnett, Fidel Castro Shares Views on Warming of Relations, N.Y. Times (Jan. 27, 2015); President Raúl Castro speaks to third CELAC Summit in Costa Rica, Granma (Jan. 29, 2015); Assoc. Press, Raul Castro: US Must Return Guantanamo for Normal Relations, N.Y. Times (Jan. 28, 2015); Reuters, Raul Castro Warns U.S. Against Meddling in Cuba’s Affairs, N.Y. Times (Jan. 28, 2015), Escobar, The blockade has not ended, Granma (Feb. 2, 2015) (extensive interview of Josefina Vidal); Reuters, Cuba Sounds Warning Ahead of Next Round of U.S. Talks, N.Y. Times (Feb. 3, 2015); Reuters, Exclusive–U.S. Pressing Cuba to Restore Diplomatic Ties before April: Officials, N.Y.Times (Feb. 6, 2015).

[2] Assoc. Press, Hope and Some Fear in Cuba Amid Thaw with US, N.Y. Times (Dec. 18, 2014); Hernandez, Cuba overjoyed, Granma (Dec. 18, 2014); Assoc. Press, Coast Guard Reports Surge in Cubans Trying to Reach Florida, N.Y. Times (Jan. 5, 2015); Neuman, Cuban Road Trip: Reporter’s Notebook, N. Y. Times (Jan. 7, 2015); Assoc. Press, Freed Cuban Dissidents Praise Detente, Pledge Push for Change, N.Y. Times (Jan. 13, 2015); Adams, Cubans Look Fondly to U.S. as Talks to Resume Relations Start, N.Y. Times (Jan.21, 2015); Assoc. Press, For First-Time Visitor, Havana Is Charming-And Complicated, N.Y. Times (Jan. 24, 2015); DeYoung, As normalization talks begin, Cubans begin anticipating challenges to come, Wash. Post (Jan. 24, 2015); Miroff, Fear of immigration policy change triggers new wave of Cuban migrants, Wash. Post (Jan. 27, 2015); U.S. Senate Foreign Relations Committee, Subcommittee on Western Hemisphere, Hearing: Understanding the Impact of U.S. Policy changes on Human Rights and Democracy in Cuba (Feb. 3, 2015).

International Reaction to U.S.-Cuba Reconciliation

The overwhelming international response to the December 17th announcement of U.S.-Cuba reconciliation has been very positive, especially in Latin America. Future posts will examine the responses in Cuba and the U.S.

Latin American Reactions [1]

Virtually all Latin American countries had been increasingly frustrated with the 50 years of estrangement and hostility between the U.S. and Cuba. According to a historian of the region, Enrique Krauze, “Cuba has been the epicenter of anti-Americanism in modern Latin America” and the Cuban Revolution of 1959 “opened a new cycle of anti-Americanism.”

Now, Krauze continues, the U.S. has renounced its “imperial destiny and recovers much of the moral legitimacy needed to uphold the democratic ideals that led to its foundation (and also of the countries of Latin America).”

The President of Brazil congratulated Raul Castro, Obama and Pope Francis. Similar comments were made by the leaders of Mexico, Peru, Colombia and Nicaragua.

Jose Miguel Insulza, Secretary General of the Organization of American States, the regional forum where Cuba’s seat has been empty since 1962, said Obama’s decision removed a major irritant in Washington’s relations with Latin America. “This ends the attempt to isolate Cuba for so long. Cuba is undertaking a process of economic reforms that will, I hope, lead to political reforms.”.

These reactions were emphasized by U.S. Assistant Secretary of State, Roberta Jacobson, who said, ““Our previous Cuba policy was clearly an irritant and a drag on our policy in the region,” adding that it had caused friction even with countries friendly to Washington. She said that countries “with whom we have significant differences are going to be, let’s say, thrown off their stride by a move like this.”“It removes an excuse for blaming the United States for things,” she added.

The Wall Street Journal reported the day after the announcement of the detente that government officials, diplomats and scholars believe this change has “the potential to redraw political and economic alliances across the hemisphere,” especially with countries like Argentina, Ecuador and others. It will be most difficult for Venezuela, which has held “a long-held animosity toward El Imperio–the empire.”

But the President of Venezuela immediately called the detente a “victory for Fidel and the Cuban people” while also acknowledging President Obama’s “courage” in “perhaps the most important step of his presidency.”

On January 26th the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) [2] applauded the agreement’s making possible Cuba’s attending the Summit of the Americas in Panama this coming April.

European Reactions [3]

On the day after the historic announcement, the European Union released a statement hailing it as a “historic turning point.” It continued, “Today another Wall has started to fall. These moves represent a victory of dialogue over confrontation.”

The leading newspaper of Spain, El Pais, editorialized, “Today, when freedom seems to be calling for an end to the doors of Cuba, Spain must accompany Cubans in their new journey: supporting their political, economic and social modernization, with clarity, consistency and realism; aware of the limits of his diplomatic skills-but place value on the european-dimension and also aware that resetting relations with Cuba, the United States restored its relations with Latin America.”

Positive comments of the change came from leaders of Germany, Italy, France and Spain.

Other International Reactions [4]

Canada, we recall, hosted some of the secret U.S.-Cuba negotiations that resulted in the December 17th announcement of the start of the process of their reconciliation. Afterwards Canada’s Foreign Minister, John Baird, said, “”I agree with this policy. I don’t think previous U.S. policy has been effective. If you flood Cuba with American values, American people, and American investment, it will help transform the country.”

U.N. Secretary General, Ban Ki-moon, said at a press conference on December 17th, “I have been informed in advance by the US Government. This news is very positive. I’d like to thank President Barack Obama of the United States and President Raul Castro for taking this very important step towards normalizing relations. As much of the membership of the United Nations has repeatedly emphasized through General Assembly resolutions during the last many, many years, it is time that Cuba and the United States normalize their bilateral relations. In that regard, I heartily welcome today’s development. I sincerely hope these measures, this announcement will help to expand further the exchanges between the two peoples who have been separated quite a long time. The United Nations stands ready to help both countries to cultivate their good neighbourly relations.”

Conclusion

I would appreciate comments identifying other international reactions.

As was anticipated in the December 17th announcements by presidents Obama and Castro and as we already have seen, the path to lasting reconciliation is not easy for either country. There are many unresolved issues for the two countries over the last 50-plus years.

These words of congratulations from around the world will have to justified by the further negotiations of the two countries. If they fail to resolve these issues, the international reaction will be severe, and if other countries and international organizations believe the U.S. was primarily responsible for such failure, then there could be even worse anti-Americanism unleashed.

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[1] Rebussio, Maduro: It is a victory for Fidel and the Cuban people, El Pais (Dec. 17, 2014); Mezzi, Venezuela is left alone, El Pais (Dec. 17, 2014); Anderson, Mynaya & Vyas, Detente Scrambles Political Calculus in Latin America, W.S.J. (Dec. 18, 2014); Assoc. Press, AP Analysis: U.S. Was at Odds With World Over Cuba Policy, N.Y. Times (Dec. 18,2014); Romero & Neuman, Cuba Thaw Lets Rest of Latin America Warm to Washington, N.Y. Times (Dec. 18, 2014); Assoc. Press, Latin America Cheers U.S.-Cuba Rapprochement, N.Y. Times (Dec. 18,2014); Krauze, End of Anti-Americanism?, N.Y. Times (Jan. 7, 2015); ECLAC applauds presence of Cuba in Summit of the Americas, Granma (Jan. 26, 2015)

[2] ECLAC was established by the U.N. in 1948 to contribute to the economic development of the region and to promote its social development. Its 44 members include 11 from Asia (Japan and Republic of Korea), Europe (France, Germany, Italy, Netherlands, Portugal, Spain and United Kingdom) and North America (Canada and U.S.) with historical, economic and cultural ties to the region. In addition, 13 non-independent Caribbean territories are associate members.

[3] Rebussio, Maduro: It is a victory for Fidel and the Cuban people, El Pais (Dec. 17, 2014); Reuters, “Another Wall Falls:’ Europe Hails U.S.-Cuba Breakthrough, N.Y. Times (Dec. 18, 2014); Editorial, With Cuba, El Pais (Dec. 21, 2014).

[4] Goldberg, Canada’s Foreign Minister:U.S. Influence Will Make Cuba Better, Atlantic (Dec. 21, 2014), Reuters, U.N.‘s Ban Hails Obama for ‘Courageous’ Cuba Move, N.Y. Times (Dec. 20, 2014); U.N., Press Conference by Secretary-General Ban Ki-moon at United Nations Headquarters (Dec. 17, 2014).

Cuba’s Unhappiness with U.S. Meeting with Cuban Dissidents

On Friday, January 23^rd (the day after the conclusion of the two-day diplomatic meeting), U.S. Assistant Secretary of State Roberta Jacobson hosted a breakfast meeting with seven Cuban dissidents at the Havana official residence of the Chief of the U.S. Interests Section. She said it was an “opportunity to discuss their perspectives, hear their differences, sometimes, or their support for the new policy. It’s very important to hear their perspective and see how we can help in the future.”[1]

One of the breakfast guests was Antonio Rodiles, founder of the activist group Estado de SATS, who said, “The breakfast was cordial, but we said we still have doubts about the next steps.” He and others thought that Cuban concessions on human rights and free expression should have been a pre-condition of any new U.S. policy and that the Cuban diaspora, primarily in the United States, should have been consulted. Some said the Obama administration, was effectively cherry-picking its preferred dissidents, focusing attention on those who supported Obama’s outreach.

Another guest, Jose Daniel Ferrer, the head of the Cuban Patriotic Union, widely considered the largest and most active opposition group, with up to 5,000 open and underground members, observed, that the Cuban “people are still assimilating” the historic changes in the relations of the two countries and that some Cubans resent the eighteen-months of secret talks before announcing last month that they would restore diplomatic ties.

Elizardo Sanchez, the head of the Cuban Commission for Human Rights, commented, “We don’t expect miracles.” But he had a list of 24 prisoners who have been detained for between 12 to 24 years for politically associated crimes, and ongoing U.S. pressure on human rights issues was “essential, for as long as this system of political and economic repression continues.”

Miriam Leiva, the founder of the Ladies in White and a former Cuban diplomat and an independent journalist, said, “Jacobson showed the interest of the U.S. government in providing support for the Cuban opposition, respect for human rights in Cuba and the desire to advance the Cuban people. ”

Others at the breakfast included; Hector Maceda, president of the Cuban Liberal Democratic Party; activist and hunger striker Guillermo“Coco” Fariñas; and dissident economist Marta Beatriz Roque.

At least one activist, Berta Soler of the Ladies in White group of political prisoner families, declined Jacobson’s breakfast invitation. Two who attended said they told Jacobson that they disapproved of the new U.S. policy.

After this meeting Jacobson met with influential Cuban blogger Yoani Sanchez.

Later that same day Josefina Vidal, Cuba’s top diplomat for the United States, said that U.S. support for dissidents is an “action that isn’t acceptable for Cuba, and they know it.” Moreover, she indicated that whether or not Cuba would accept the U.S. request to allow U.S. diplomats to go where they want was associated with “better behavior” by the U.S.

Vidal also noted, “This is exactly one of the differences we have with the U.S. government because for us, this is not just genuine, legitimate Cuban civil society.” This small group of people “do not represent Cuban society, don’t represent the interests of the Cuban people.”

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[1] This post is based upon the following: Klapper & Weissenstine, U.S., Cuba End Historic talks with More Questions than Answers, Assoc. Press (Jan. 23, 2015); DeYoung & Miroff, U.S. diplomats meet with Cuban dissidents in Havana in gesture of reassurance, Wash. Post (Jan. 23, 2015); Reuters, Senior U.S. Diplomat Ruffles Cuba by Meeting Dissidents, N.Y. Times (Jan. 23, 2015); Maye, Cuban dissidents divided attend attend the meeting with Roberta Jacobson, El Pais (Jan. 23, 2015); Ayuso, The dialogue between the US and Cuba exposes the division of dissent, El Pais (Jan. 24, 2015).

U.S. and Cuba Hold Inconclusive Talks on Restoring Diplomatic Relations

On January 22 and 23, 2015, U.S. and Cuban diplomats met in Havana to discuss a multitude of issues relating to the restoration of normal diplomatic relations. No agreements were reached other than an understanding that additional talks were necessary and would be held albeit without dates or location being set.[1]

The first topic focused on technical issues related to reestablishing diplomatic ties. Gustavo Machin, the Cuban foreign ministry’s deputy director for U.S. affairs, said, “We have spoken about the principles upon which our diplomatic relations should be re-established.” The participants were “very respectful and flexible,” and not all the outstanding issues would be resolved in the first meeting.

At the conclusion of the first day’s meetings, U.S. Assistant Secretary of State Roberta Jacobson agreed that the participants had a “very productive and positive dialogue.” She added, “We discussed the real and concrete steps required to restore diplomatic relations and the terms for opening of embassies in our respective countries, as well as expectations about how the US Embassy in Havana would work.” She also agreed with Cuba’s assertion that the restoration of diplomatic relations would be in accordance with the Vienna Conventions on Diplomatic and Consular Relations. (In the photo to the right note the Cuban and U.S. flags at the podium at the site of the talks.)

Officials for both countries, however, outlined issues standing in the way of a normal U.S.-Cuba relationship.

Ms. Jacobson spoke of the U.S.’s persistent concerns about Cuban human rights while Cuba’s representatives talked about their concern for U.S. human rights, especially recent police killings of unarmed black men in Ferguson, Missouri and New York City and the treatment of detainees at the U.S. base in Guantanamo Bay Cuba.

An unnecessary note of discord was introduced by a problem over the U.S. translation into Spanish of the Jacobson’s English-language post-session written statement. The statement (with the English word in question put in bold) said, “As a central element of our policy, we pressed the Cuban government for improved human rights conditions, including freedom of expression and assembly.” The U.S. translation of this statement used the Spanish verb “presionar,” which means to pressure. Josefina Vidal, the head of the Cuban delegation, however, said, “I can confirm that the word ‘pressure’ was not used. I must say it’s not a word that is used in these types of conversations.” Later the U.S. apologized for its erroneous translation.

Ms. Vidal cited as problems for restoration of diplomatic relations Cuba’s inclusion in the U.S. list of state sponsors of terrorism and the various financial restrictions imposed on the country as a result of the U.S. trade embargo. (Again note the two flags at the same podium in the photo to the right.)

Both of the countries’ leaders talked about the need for further discussions and negotiations to resolve these many issues. I expect the two sides to develop an agenda and plan for addressing these many issues, including dates and location for the next set of talks. In a subsequent post I will set forth my views, as an outsider, as to how these differences can be resolved.

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[1] This post is based upon the following: Wroughton & Trotta, U.S. says mistrust must be overcome to restore Cuba Ties, Reuters (Jan. 22, 2015); Archibold, Conflict, and Smiles, as U.S. and Cuba Discuss Ties, N.Y. Times (Jan. 22, 2015); Reuters, U.S. Presses Cuba on Human Rights in Talks on Restoring Ties, N. Y. Times (Jan. 22, 2015); Sosa, U.S. aims to go beyond the restoration of relations with Cuba, Granma (Jan. 22, 2015); DeYoung, U.S., Cuba find ‘profound differences in first round of talks, Wash. Post. (Jan. 22, 2015); Klapper & Weissenstine, U.S., Cuba End Historic talks with More Questions than Answers, Assoc. Press (Jan. 23, 2015); Respectful and constructive climate brand rapprochement between Cuba and the United States, Granma (Jan. 23, 2015); U.S. is willing to discuss their differences with Cuba, Granma (Jan. 23, 2015); Ayuso, US and Cuba confirm a channel for dialogue despite their differences, El Pais (Jan. 23, 2015); Ayuso, The dialogue between Cuban and the US stumbles on human rights, El Pais (Jan. 23, 2015); An exchange that made world headlines, Granma (Jan. 23, 2015); Jacobson, Video of Statement on U.S.-Cuba Meetings (Jan. 23, 2015); Assoc. Press, U.S., Cuba End Historic Talks With More Questions than Answers, N. Y. Times (Jan. 23, 2015); Assoc. Press, U.S. admits: we’re not sure if new Cuba approach will work, Guardian (Jan. 23, 2015).

[1] This post is based upon the following: Wroughton & Trotta, U.S. says mistrust must be overcome to restore Cuba Ties, Reuters (Jan. 22, 2015), http://www.reuters.com/article/2015/01/22/us-cuba-usa-idUSKBN0KV0E720150122;

Archibold, Conflict, and Smiles, as U.S. and Cuba Discuss Ties, N.Y. Times (Jan. 22, 2015), http://www.nytimes.com/2015/01/23/world/conflict-and-smiles-as-us-and-cuba-discuss-ties.html?ref=world;

Bills To End U.S. Embargo of Cuba Introduced in House of Representatives

Two bills to end the U.S. embargo of Cuba have been filed in the House of Representatives, but so far nothing in the Senate. [1] This post will examine the status of those two bills and the positions on the embargo of Minnesota’s U.S. Senators and Representatives

The Current Bills To End the Embargo

On January 15^th three Minnesota Congressmen—Keith Ellison, Collin Peterson and Rick Nolan, all Democrats—announced that they are co-sponsoring a bill to end the U.S. embargo of Cuba (H.R. 403) that was introduced on January 16^th by Representative Charles Rangel (Dem., NY).[1] Titled “To lift the trade embargo on Cuba, and for other purposes,” neither its text nor its summary is currently available on the Library of Congress’ website for pending legislation. [2]

This bill along with another bill to the same effect (H.R. 274 by Congressman Bobby Rush (Dem., IL)) have been assigned for consideration to the following seven House committees, whose membership is listed in the hyperlinked websites:

Agriculture, whose members include Collin Peterson (the Ranking-Member), a co-author of the Rangel bill; Tom Emmer (Rep., MN); and Rodney Davis (Rep., IL), who earlier this month spoke in favor of ending the embargo at the launch of the U.S. Agricultural Coalition for Cuba.
Energy and Commerce, whose members include Bobby Rush (Dem., IL), the author of one of the bills to end the embargo, and Peter Welch (Dem., VT), who just visited Cuba with the group led by Senator Patrick Leahy (Dem., VT).
Financial Services, whose members include Representative Keith Ellison, a co-author of the Rangel bill to end the embargo (Dem., MN);
Foreign Affairs, whose members include Tom Emmer (Rep., MN) and Ileana Ros-Leltinen (Rep., FL), a vocal Cuban-American opponent of reconciliation;
Judiciary;
Oversight and Government Reform, one of whose members is the previously mentioned Peter Welch (Dem., VT); and
Ways and Means, whose members include Erik Paulson (Rep., MN) and the previously mentioned Peter Welch.

Those interested In repealing the embargo should examine the lists of the committees’ members and deciding whether and how to contact them to urge support for the Rangel bill (H.R. 403).

Minnesota Representatives and Senators’ Positions on the Embargo

One of the co-sponsors of H.R. 403, Congressman Keith Ellison, is on the Financial Services Committee, which has jurisdiction over some of the issues raised by H.R. 403. As co-chair of the House Progressive Caucus, on December 17^th (the day of the announcement of normalization between the two countries) Ellison released a statement congratulating President Obama for the normalization of our relations with Cuba. It stated, “Congress must lift the trade embargo and normalize travel between our two nations, which are only 90 miles apart.” He repeated those sentiments on January 11^th at Minneapolis’ Westminster Presbyterian Church’s celebratory concert with Cuban-American jazz pianist, Nachito Herrera.

Also on December 17^th Representative Rick Nolan, another co-sponsor of H.R. 403, issued a statement lauding “President Obama’s decision to re-establish diplomatic relations with Cuba” and to obtain the release of Alan Gross from a Cuban prison. This was “a monumental step forward for both nations, allowing us to resume exports and trade, create more good paying jobs in the United States and move forward in our relationships with the entire Western Hemisphere.” This was “especially good news for farmers in Minnesota and around the nation, as well as for our manufacturing and high technology industries that will soon enjoy access to new markets in a nation that hungers for U.S. products and services.”

More recently the other Minnesota co-sponsor of the bill, Representative Collin Peterson, said the current restrictions against U.S. trade with Cuba “don’t do anything but give business to our competitors.” However, he added, “The question is what are the Republicans [in the House and Senate] going to allow to happen. They could well bottle these bills up.” Peterson, as mentioned, is the Ranking-Member on the Agriculture Committee, which has jurisdiction over some of the issues raised by H.R. 403.

Another Minnesota Democratic Representative, Betty McCollum, also is supportive of ending the embargo. On December 17th, she congratulated President Obama “for his efforts to normalize diplomatic relations with Cuba and to begin easing the trade restrictions between our countries. . . .[and] for his efforts to secure the release of USAID worker Alan Gross from prison in Cuba.” She added, “I will continue to work to end the trade embargo between our two countries as I have done since I came to Congress in 2001. Ending the embargo and normalizing trade relations is good for Minnesota businesses and good for the people of Cuba.”

The other Minnesota Democratic Congressman, Tim Walz, has nothing about Cuba on his website, but in a December 18^th interview by a Mankato, Minnesota television station he said he was cautiously optimistic about the White House’s changing policy toward Cuba. He said expanding trade is a good idea, but the U.S. needs to be cautious. “I think there needs to be accountability for what this regime has done,” he said, “and I’m glad this is Congress’ role to be involved, of looking at how this evolves, but I do think it’s an important step. As I’ve said, the status quo has been that way since before I was born, and it’s time to re–look at how we do business.”

Minnesota’s three Republican Congressmen—Erik Paulsen, John Kline and Tom Emmer—do not have any statements about Cuba on their websites

Congressman Erik Paulsen is a member of the Ways and Means Committee, which has jurisdiction over some of the issues raised by H.R. 403. In addition, on October 8, 2009, as a guest blogger on a Heritage Foundation website Paulsen made comments that could reflect his attitude on ending the embargo. He said, “There is another approach to stimulating the economy – a proven method to increase prosperity, grow our economy and create jobs: expansion of free trade. . . . We must make international markets more available to our exporters to help them grow. . . . In my own district, there are countless businesses, small and large, that benefit from free trade. . . . Unfortunately, there are consumers and markets across the globe that still cannot be accessed by American sellers because of high tariffs, quotas and other barriers to international trade. It’s time to knock down those barriers. . . . I have long advocated for increased trade and strong global relationships between the U.S. and nations abroad. I’ve visited India, China and several nations in Africa and the Middle East. In every country, free trade is essential for their own growth and prosperity, as well as the growth and vitality of the United States.”

I have not found anything by or about Congressman John Kline indicating his views on U.S. relations with Cuba, in general, or on ending the embargo, in particular. I especially solicit comments by anyone with more knowledge about his positions on these issues.

Minnesota’s newest Congressman and now in his very first Session, Tom Emmer, as mentioned is on the House Foreign Affairs and Agriculture Committees, each of which has jurisdiction over issues raised by H.R. 403. Moreover, his new website‘s page on “Foreign Affairs” states, “Regions such as Latin America, Africa and Asia present us with emerging opportunities to increase trade and diplomatic relations.” Maybe this is a hopeful sign for his favoring ending the embargo. Emmer also is on the Agriculture Committee, which has jurisdiction over some of the issues raised by H.R. 403.

Minnesota’s Senators

One of Minnesota’s Senators, Amy Klobuchar, favors ending the embargo and is willing to offer a bill to do just that, but wants to wait until after the Senate confirms the President’s future nomination of an ambassador to Cuba. She said, “Sometimes the best defense is a good offense. And part of that is legislation to remove the embargo. Some of this can be done by tying it to changes we want [Cuba] to make on human rights and other things. The timing is the question. We want this to be bipartisan.” In addition, as mentioned in a prior post, she was a speaker in favor of ending the embargo at the January 8^th launch of the United States Agricultural Coalition for Cuba.

A prior post about Cuba’s perspective on this week’s diplomatic meetings in Havana suggests that there will not be a formal re-establishment of diplomatic relations, including appointments of ambassadors, until after the U.S. repeals its embargo of the island. Therefore, Senator Klobuchar may have to abandon her strategy of postponing Senate consideration of the embargo until after the Senate confirms the nomination of an ambassador to Cuba.

Our other Senator, Democrat Al Franken, does not have anything about Cuba on his website, but he has supported legislation calling for the normalizing of relationships with Cuba and is a co-sponsor of the Freedom to Travel to Cuba Act.

Conclusion

Robert Muse, a Washington, D.C. international trade lawyer with substantial experience in U.S. laws relating to Cuba, recently told Minnesota’s StarTribune that “a majority of members of Congress do not support the embargo, but will not do so publicly until Cuban-American legislators come out against the embargo.” Nevertheless, he opined, “There is zero possibility of the embargo being lifted [in 2015].”[3]

This, however, is only one opinion albeit from someone with extensive experience of dealing with Congress on Cuba issues. It merely accentuates the need for citizens to increase their advocacy of ending the embargo.

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[1] To determine whether any other bills to end the embargo have been introduced in this Session of Congress, just go to the THOMAS legislative service provided by the Library of Congress [http://thomas.loc.gov/home/thomas.php] and enter “Cuba” in the search box; that will retrieve all introduced bills that mention “Cuba.”

[2] H.R. 403 has 14 other co-sponsors from California, New York, Colorado, District of Columbia, Georgia, Illinois, Michigan, Mississippi, Missouri, Pennsylvania, Tennessee and Texas.

[3] Before the announcement of normalization, Muse wrote an article about the various actions the president could take regarding Cuba without prior congressional authorization.

Cuba’s Perspective on This Week’s U.S.-Cuba Diplomatic Meetings in Havana

As mentioned in another post, the U.S. and Cuba will hold diplomatic meetings in Havana on January 21 and 22, 2014.

According to Granma, Cuba’s official and only newspaper, an unnamed source at Cuba’s Ministry of Foreign Affairs said that Cuba “is going to these meetings with the constructive spirit to sustain a respectful dialogue, based on sovereign equality and reciprocity, without undermining national independence and self-determination of the Cuban people.”

“We should not pretend that everything is solved in one meeting,” the source said. “Normalization is a much longer and complex process where you have to address issues of interest to both parties.”

Migration Issues

On January 21^st, the focus will be migration, and the unnamed source said Cuba will report on “the progress of the measures taken in January 2013 to update the Cuban immigration policy and its impact on the flow of people between the two countries,” and the two countries will discuss ways to confront “illegal immigration, smuggling and document fraud.”

In addition, Cuba will express “its deep concern at the continuing [U.S.] policy of ‘wet foot/dry foot’ and the Cuban Adjustment Act, which is the main stimulus to illegal emigration.” Cuba also will complain about the U.S. policy “to grant parole [to] Cuban professionals and health technicians to abandon their mission in third countries.”

Normalization Issues

On January 22^nd the focus will be the many issues surrounding the December 17^th decision of the two countries to re-establish diplomatic relations. As previously mentioned, Assistant Secretary of State Roberta Jacobson will lead the U.S. delegation at this session.[1]

The unnamed Cuban source said there would be discussion about certain levels of existing coordination in dealing with illegal immigration, including border troops and the coastguard; drug interdiction; oil spills; and search and rescue in case of air and maritime accidents. They also “are beginning to talk about monitoring earthquakes.”

Cuba will “reiterate the proposal made last year by U.S. government to hold a respectful dialogue on the basis of reciprocity with regard to the exercise of human rights.” The source promised “a dialogue on a reciprocal basis and on an equal footing” regarding human rights. Cuba has “legitimate concerns about the exercise of human rights in the [U.S.],” including controversies over police shootings and killings of black men in Ferguson Missouri and New York City, which are “situations that do not happen in [Cuba].” The source says his country welcomes the U.S. to meet “with the recognized organizations that make up a vibrant civil society in Cuba: students, women, farmers, professionals, disabled, unions, among others.” [2]

According to this source, Cuba will emphasize “the restoration of diplomatic relations and the opening of embassies in both capitals should be based on the principles of international law enshrined in the United Nations Charter and the Vienna Conventions on Diplomatic Relations and Consular Relations.”

“Compliance with these documents, to which both countries are signatories, means mutual respect for political and economic system of each country and to avoid any interference in the internal affairs of our nations. These principles are essentially sovereign equality, the settlement of disputes by peaceful means, refrain from the threat or use of force against the territorial integrity or political independence of any state, as well as equal rights, self-determination of peoples and non-intervention in matters which are domestic jurisdiction of states.”

In this context, Cuba will raise the following issues:

Solving the inability of the Cuban Interests Section in Washington, D.C. to obtain banking services;
Ending the U.S. designation of Cuba as a “State Sponsor or Terrorism;”
Ending the U.S. blockade [or embargo] of Cuba and providing Cuba with “compensation for damages for a policy that has been in place for over 50 years.” (At the U.N. General Assembly meeting in October 2014, Cuba claimed that the damages were $1.1 trillion.)

These issues, the source admitted, obviously cannot be resolved at the one-day meeting this week.

Reactions

I agree that certain U.S. laws relating to Cubans’ ability to gain legal immigration status in the U.S. need to be changed if there is to be full normalization and reconciliation. This includes the so-called “wet foot/dry foot” policy whereby a Cuban who is on U.S. land is entitled to such legal status, but if a Cuban is apprehended by U.S. authorities on the high seas, he is not so entitled. So too the U.S. program for granting immigration parole to Cuban professional medical personnel needs to be ended, as recommended by a New York Times editorial and by this blogger last November. (Whether these changes may be done by the President’s executive order or whether it takes congressional action has not been investigated by this blogger.)

The U.S. repeatedly has insisted that issues of Cuban human rights and civil society need to be addressed, and the Cuban Foreign Ministry spokesperson said his country was prepared to do that so long as Cuba’s concerns about human rights in the U.S. are addressed. I agree that there should be mutuality in any such discussion.

I also agree that the restoration of normal diplomatic relations needs to be based on what should be the following noncontroversial principles of the U.N. Charter and the Vienna Conventions on Diplomatic and Consular Relations:

The U.N. Charter provides that it is “based on the principle of sovereign equality of all its members” (Art. 2(1)), that “[a]ll Members shall settle their disputes by peaceful means” (Art. 2(3)) and that “[a]ll Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any manner inconsistent with the Purposes of the [U.N.]” (Art. 2(4)).
The Vienna Convention on Diplomatic Relations provides that “The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent” (Art. 2) and sets forth many details on the agreed-upon ways of implementing such relations. There are 190 states that are parties to this treaty, including Cuba and the U.S.
Similarly the Vienna Convention on Consular Relations says “The establishment of consular relations between States takes place by mutual consent” (Art. 2(1)) and provides many details on the agreed-upon ways of implementing such relations. There are 177 parties to this treaty, including Cuba and the U.S.

Other points of agreement with the Cuban spokesperson are enabling the Cuban Interests Section in Washington, D.C. to obtain banking services in the U.S.; ending the U.S. designation of Cuba as a “State Sponsor of Terrorism;”[3] and ending the U.S. embargo of Cuba.[4] As discussed in an earlier post, the U.S. already has started the process under U.S. law for rescinding the unjustified “State Sponsor of Terrorism” designation, and I anticipate that this summer there will be such a rescission. President Obama already has decided that the embargo should end, but that requires congressional action, and the process for doing just that has commenced and will not be politically easy to accomplish

The issue of compensation, if any, for Cuba for its alleged damages of $1.1 trillion from the embargo, however, is another matter.[5] This is but one of several damage claims that need to be resolved. Others include U.S. compensation to Cuba for the U.S. use of Guantanamo Bay for at least the last 56 years; [6] Cuba’s compensating U.S. interests for expropriation of their property after 1959; and Cuba’s paying a December 1997 default judgment by a U.S. district court for $197 million (plus interest) for the deaths of three of the four pilots in the February 1966 Cuban shooting down of a private “Brothers to the Rescue” plane over international waters.

One way to resolve these claims would be an agreement by the two countries to submit all of these disputes to the Permanent Court of Arbitration at the Hague in the Netherlands, which was established by a multilateral treaty, to which both Cuba and the U.S. are parties. Other ways would be the two countries creating a special claims commission to hear and resolve all of these claims or agreeing to settle all or some of the claims.

Resolving these competing claims, however, has to recognize the economic reality, in my judgment, that Cuba does not have the financial resources to pay any large amount of money. Therefore, compensating U.S. interests for expropriation of their property in Cuba, as I see it, would have to come out of any U.S. compensation of Cuba for its claims.

What do all of these points mean for the timing of full restoration of diplomatic relations? Cuba seems to be saying that ending the embargo and the “State Sponsor of Terrorism” designation have to happen first before restoring full diplomatic relations. In the best of all possible worlds from the U.S. perspective that would be sometime this summer. An agreement on how to resolve the damage claims would be another important accomplishment that should, in my judgment, lead to the restoration of diplomatic relations and perhaps that could happen this year, but the actual resolution of the damage claims would take several years to happen absent a settlement of the claims, which seems unlikely.

In the meantime, the parties could and should agree to a process for the restoring of diplomatic relations.

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[1] Today Senator Robert Menendez (Dem., NJ), a Cuban-American and the Ranking Member on the Senate Foreign Relations Committee, sent a letter to Jacobson, saying “it is imperative” that she demand “unconditional freedom of the [previously released] 53 political prisoners and demand an end to politically motivated arrests of peaceful democracy and human rights activists.” (Emphasis added.) Menendez also urged pressing “Cuba on a commitment to permit visits to all prisons and prisoners by the United Nations and the International Committee of the Red Cross and to begin to demand action on fugitives from U.S. justice and American citizen compensation claims for property nationalized by the Cuban government in past decades.” The U.S., according to Menendez, “must prioritize the interests of American citizens and businesses that have suffered at the hands of the Castro regime before providing additional economic and political concessions to a government that remains hostile to U.S. interests.”

[2] The Washington Post reports that on Friday Jacobson will host a breakfast meeting with Cuban civil society representatives, human rights activists and political dissidents before she returns to Washington.

[3] Prior posts have articulated the statutory process for rescission and why the Designation should be rescinded.

[4] Prior posts have stated why the embargo should be ended, a conclusion also endorsed by New York Times editorial in October 2014.

[5] From my experience as a litigator of business disputes, I anticipate that any such damage claim would be subjected to rigorous examination and rebuttal by the U.S., including the undoubted U.S. argument that all or some of the alleged damages were not caused by the embargo, but rather by Cuban economic ineptitude. Of course, the U.S. would probably argue that the major premise of Cuba’s claim—the illegality of the embargo—is invalid despite the U.N. General Assembly’s condemning the embargo by overwhelming margins for 23 consecutive years. (I have not examined the merits of this legal issue.)

[6] Cuba’s original February 23, 1903, and July 2, 1903, lease of Guantanamo Bay to the U.S. for a naval coaling station called for annual rent of $2,000 in gold coin, but this was changed to $4,085 in U.S. Dollars (the gold equivalent at the time) in a treaty of May 29, 1934. After the Cuban Revolution’s assuming power on January 1, 1959, the Cuban Government has refused to cash all of the U.S. annual checks for that amount except for one that was cashed by mistake. Although the fair market value of the lease for the last 56 years has not been determined, there could be no legitimate argument that it is not substantially in excess of $4,085. Other potential issues are (a) whether the original lease of 1903 and the 1934 amendment are subject to a claim that they are invalid because of alleged duress or undue influence by the U.S. when Cuba was a de facto U.S. protectorate; (b) whether the lease should be terminated with Cuba paying for the improvements made by the U.S.; or (c) whether there should be a new lease of this land to the U.S. under totally different conditions.