Tag: Unites States of America (USA)

U.S. and Cuba Expand Their Competing Messages About Terrorism  

As has been discussed in this blog, the U.S. has a long history of identifying Cuba as a “state sponsor of terrorism” except for the two-plus years that President Obama cancelled that designation, while Cuba has objected to that designation by the U.S. And this blog repeatedly also has objected to this U.S. designation.[1]

Recently there have been two additional competing exchanges by the two countries on the subject of terrorism that are discussed below: (1)  U.N. officials arguing against the practice of one state’s identifying other states as sponsors of terrorism and (2) Cuba’s identifying certain Cubans living in the U.S. as terrorists.

U.N. Officials’ Criticism of States Listing Other States as Sponsors of  Terrorism[2]

On February 8, 2024, a group of U.N.human rights officials urged the U.S. to review its legal framework that triggers specific sanctions against Cuba and other regimes that the U.S. has designated as state sponsors of terrorism.

This U.N. group said, “The unilateral designation itself runs counter to the fundamental principles of international law, including the principle of sovereign equality of States, the prohibition of intervention in the internal affairs of States and the principle of peaceful settlement of international disputes.”

According to this group, “Fundamental human rights, including the right to food, the right to health, the right to education, economic and social rights, the right to life and the right to development, are negatively affected by restrictions and ‘additional bans triggered’ by such designations.”

This group also asserted that “the designation especially affects countries already subject to other unilateral coercive measures and has potential catastrophic repercussions in the humanitarian and human rights spheres.”

This group’s members are Alena Douhan, special rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights; Michael Fakhri, special rapporteur on the right to food; Attiya Waris, independent expert on external debt, other international financial obligations and human rights; Cecilia M. Bailliet, independent expert on human rights and international solidarity, and Livingstone Sewanyana, independent expert on promoting a democratic and equitable international order.

As a retired attorney who for a number of years has attempted to provide diligent research on international human rights issues, especially as they involve Cuba, this blogger has never seen any source that corroborates the contention that international law forbids states from designating other states as sponsors of terrorism.

Are Some Cubans in U.S. “Terrorists”?[3]

Last December, the Cuban government published in its Official Gazette a ” national list of terrorists,” which included Cuban exiles living in the U.S. who were well-known Miami-based Cuban activists, media personalities and influencers critical of the Cuban government.

At the same time, Foreign Minister Bruno Rodriguez accused the Biden administration of being ‘complicit in giving shelter, supporting and protecting’ these people,” who

“have been subjected to criminal investigations and are wanted by the Cuban authorities, based on their involvement in the promotion, planning, organization, financing, support or commission of acts carried out in the national territory or in other countries, based on acts of terrorism.”

That same month Granma, the Communist Party daily newspaper, accused the U.S. State Department  and intelligence agencies of plotting violent acts against Cuba.

A U.S. State Department official responded, “We are aware of the list released by the Cuban government. Allegations that the United States is encouraging violent actions against the Cuban government are absurd.” The list produced by Cuba and the recent allegations are “the newest iteration of Cuban authorities’ efforts to belittle emigrants exercising their freedom of expression, including their freedom to criticize Cuba’s abysmal human rights record and relentless repression.” This U.S. official also said, “Establishing and increasing channels for law enforcement cooperation to address transnational threats also enhances U.S. advocacy for human rights. The United States integrates advocacy for human rights and human rights protections into all interactions with the Cuban government.” For example, the U.S. is “focused on urging the Cuban government to release the approximately 1,000 unjustly detained political prisoners it holds and to allow its citizens to exercise the full range of human rights as outlined in the Universal Declaration of Human Rights, which Cuba signed.”

U.S.-Cuba Law Enforcement Meeting[4]

On February 7, 2024, U.S. and Cuban officials met in Washington, D.C. to discuss law enforcement within the framework of their Law Enforcement Dialogue, which, the U.S. says, “enhances U.S. national security through better coordination, allowing the U.S. to better protect U.S. citizens and bring criminals to justice” and “enhances the defense of human rights by the [U.S.]”  The U.S. “integrates the defense of human rights and the protection of human rights in all interactions with the Cuban Government.”

After this meeting, Cuba said it had “conveyed information and cooperation proposals to the US side regarding the activities of people living in the United States, identified by their links to terrorism, illegal human trafficking and other illicit activities.” The U.S., however, said these allegations were “absurd.”

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[1] E.g.,  U.S. Senators and Representatives Demand Ending of U.S. Designation of Cuba as State Sponsor of Terrorism (Jan. 12, 2024); COMMENT: Another Congressman Calls for Ending Cuba as State Sponsor of Terrorism (Jan. 13, 2024).  See also the following sections of  List of Posts to dwkcommentaries—Topical CUBA [as of 5/4/20]:  U.S/ (Obama) & Cuba (Normalization), 2014; U.S. (Obama) & Cuba (Normalization), 2015; U.S.(Obama) & Cuba (Normalization), 2016; U.S.(Obama) & Cuba (Normalization), 2017.

[2] Sponsors undermines human rights, experts warn, UN News (Feb. 8, 2024); U.S. unilateral list of terrorism sponsors undermines human rights, experts warn, UN News (Feb. 8, 2024); Sanctioning countries for “terrorism” goes against international law, Granma (Feb. 8, 2024); Cuba Ministry of Foreign Affairs, United States: Unilateral designation of states as sponsors of terrorism negatively affects human rights, UN experts warn (Feb. 8,  2024).

[3] Bruno Rodriguez raises the tone and calls the US ‘accomplices of terrorism’ against the Cuban regime, Diario de Cuba Dec. 15, 2023); Is the UN going to end up endorsing the Cuban regime’s ‘list of terrorists’?, Diario de Cuba (Jan. 4, 2024); Havana gives the US its list of suspected terrorists, in a brief meeting in Washington, Diario de Cuba (Feb. 7, 2024); The US calls the accusations that it encourages violent actions against Havana ‘absurd,’ Diario de Cuba (Feb. 9, 2024); Torres, Biden administration refutes Cuba’s claim that the U.S. ‘supports’ Miami ‘terrorists, Miami Herald (Feb. 9, 2024).

[4] U.S.-Cuba Law Enforcement Dialogue, U.S. Dep’t of State (Feb. 7, 2024); Havana gives the US its list of suspected terrorists, in a brief meeting in Washington, Diario de Cuba (Feb.7, 2024)

 

Trump’s New Regulations Adversely Affect Cuban Entrepreneurs

The new travel regulations and anti-Cuba rhetoric of President Trump already are hurting ordinary Cubans, especially those who have become entrepreneurs and who employ 600,000 of the island’s 11 million people.  The “self-employed” sector, a euphemism used by the Cuban government to avoid the words “private” or “entrepreneur,” already is encumbered by Cuban regulations that leave little room for development.[1]

Now an “association of Cuban businesswomen has asked to meet with Senator Marco Rubio (Rep., FL), a Cuban-American who has never been to the island and who is believed to be a major influencer on the Trump Administration’s Cuba policies. These women want to explain ” the impact on the country’s nascent private sector of rolling back a detente in U.S. relations.” They say, “The current situation has us very worried and we would like to share our personal histories and perspective from Cuba.”

One of these women, Niuris Higueras, the owner of the Atelier restaurant in Havana, said her  “business is down 60 percent from a year ago.” Another woman, Julia de la Rosa, who runs a 10-room bed and breakfast, said rentals were down 20 percent in October and she expected a further decline as new U.S. regulations on individual travel kick in this month.

The Trump Administration’s evident hostility toward Cuba also has caused U.S. businesses to reduce their interest in trying to create and build business in Cuba. At this year’s Cuba trade fair only 13 U.S. companies had booths compared with 33 last year. Another cause of this reduction is growing awareness of the difficulty of doing business in Cuba.[2]

Former U.S. Secretary of Commerce Carlos Gutierrez, the Cuban-born head of the U.S.-Cuba Business Council, said, “This is a huge step backwards. We had made so much progress.”

U.S. airlines with licenses for flights to Cuba also are seeing the reduction in U.S. demand for visiting Cuba. As a result, five airlines have cancelled all flights to the island while others have reduced the number of their flights.[3]

A caveat to this negative reaction is the opinion of some that the new regulations on business dealings “produce brighter lines that may make it easier for companies to identify who exactly they can do business with when trying to operate on the island.”

One who expressed this view is Peter Harrell, an adjunct senior fellow at the Center for a New American Security who previously served as a deputy assistant secretary for counter-threat finance and sanctions in the U.S. State Department, said that the new regulations “made trade easier with the country’s private sector.” A significant point in this regard was the State Department’s FAQ document stating that “entities not on its restricted list, even if they’re subsidiaries of those on the list, are [not] restricted until they themselves appear on the blacklist.”[4]

Another caveat is “the new regulations limiting “disruption to pre-existing commercial activities, ensuring that U.S. companies can continue to do business with Cuba’s nascent private sector.” Examples of such preexisting deals are Deere & Co. and Caterpillar Inc.’s arrangements for distribution of their products on the island.[5]

Myron Brilliant, the head of international affairs at the U.S. chamber of Commerce, urged the administration “to continue to keep business in mind and avoid further steps to restrict the economic relationship between the U.S. and Cuba.”

Nevertheless, the U.S. regime of Cuba sanctions presents risks to U.S. companies. The latest example is the November 17 announcement by the U.S. Treasury of an OFAC settlement with American Express Co. for $204,000 for its 50%-owned Belgian credit-card issuer’s corporate customers’ 1,818 transactions in Cuba between 2009 and 2014.[6]

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[1] Reuters, Cuban Businesswomen Seek Rubio Meeting as U.S. Policies Bite, N.Y. Times (Nov. 17, 2017). The above topics and others are the subjects of earlier posts listed in the “Cuban Economy” section of List of Posts to dwkcommentaries—Topical: CUBA.

[2] Reuters, Blooming U.S. Business Interest in Cuba Wilts Under Trump, N.Y. Times (Nov. 10, 2017).

[3] Reuters, Alaska Airline Discontinues Los Angeles-Havana Daily Flight, N.Y. Times (Nov. 14, 2017); Assoc. Press, Alaska Airlines to Halt Flights to Cuba, N.Y. Times (Nov. 14, 2017).

[4] Rubenfeld, New U.S. Cuba Regulations May Make Compliance There Easier, W.S.J. (Nov. 9, 2017).

[5] Schwartz & Radnofsky, New Trump Rules Pare Back Obama’s Opening to Cuba, W.S.J. (Nov. 8, 2017).

[6] Rubenfeld, American Express Unit Fined Over Cuba Sanctions Violations, W.S>J. (Nov. 17, 2017).