State Department’s Announcement of New Sanctions Against Cuba

On April 17, the U.S. announced new sanctions against Cuba. The major change was eliminating the waiver of Title III of the Helms-Burton (LIBERTAD) Act allowing U.S. litigation by U.S. owners of Cuban property that was expropriated by the Cuban government in the early years of the Cuban Revolution. This Act also allows the U.S. to deny or revoke U.S. visas to any person or corporate officer “involved in the confiscation of property or trafficking in confiscated property,” as well as their family members.[1]

State Department’s Announcement of Sanctions[2]

The State Department made the official announcement of this change in remarks to the Press by Secretary of State Mike Pompeo, who said the following:

  • “In 1996, Congress passed the Cuban Liberty and Democratic Solidarity Act, also known as Libertad. Until Title III of that act, United States citizens who had their property confiscated by the Castro regime were given the right to file suit against those who traffic in such properties.”
  • “But those citizens’ opportunities for justice have been put out of reach for more than two decades. For now more than 22 years, every president, every secretary of state has suspended Title III in the hope that doing so would put more pressure on the Cuban regime to transition to democracy.”
  • The “Trump administration recognizes reality. We see clearly that the regime’s repression of its own people and its unrepentant exportation of tyranny in the region has only gotten worse because dictators perceive appeasement as weakness, not strength.”
  • “President Obama’s administration’s game of footsy with the Castros’ junta did not deter the regime from continuing to harass and oppress the heroic Ladies in White, a group of women dedicated to peacefully protesting the regime’s human rights abuses.”
  • “More broadly, the regime continues to deprive its own people of the fundamental freedoms of speech, press, assembly, and association. Indeed, according to NGO reports, Cuban thugs made more than 2,800 arbitrary arrests in 2018 alone. In the run-up to the country’s recent sham constitutional referendum, one that enshrined the Communist Party as the only legal political party in Cuba, the regime harassed, beat, and detained leaders and – opposition leaders and activists. Three hundred and ten people were arbitrarily detained according to the Cuban Commission on Human Rights and National Reconciliation.”
  • “Cuba’s behavior in the Western Hemisphere undermines the security and stability of countries throughout the region, which directly threatens United States national security interests. The Cuban regime has for years exported its tactics of intimidation, repression, and violence. They’ve exported this to Venezuela in direct support of the former Maduro regime. Cuban military intelligence and state security services today keep Maduro in power.”
  • “Sadly, Cuba’s most prominent export these days is not cigars or rum; it’s oppression. Detente with the regime has failed. Cozying up to Cuban dictators will always be a black mark on this great nation’s long record of defending human rights.”
  • “For these reasons, I’m announcing that the Trump administration will no longer suspend Title III. Effective May 2nd, . . . the right to bring an action under Title III of the Libertad Act will be implemented in full. I have already informed Congress of my decision.”
  • “Implementing Title III in full means a chance at justice for Cuban Americans who have long sought relief for Fidel Castro and his lackeys seizing property without compensation. For the first time, claimants will be able to bring lawsuits against persons trafficking in property that was confiscated by the Cuban regime. Any person or company doing business in Cuba should heed this announcement.”
  • “In addition to being newly vulnerable to lawsuits, they could be abetting the Cuban regime’s abuses of its own people. Those doing business in Cuba should fully investigate whether they are connected to property stolen in service of a failed communist experiment. I encourage our friends and allies alike to likewise follow our lead and stand with the Cuban people.”
  • “As I said throughout my trip to South America this last week, the Trump administration is committed to helping grow the wave of democracy, good governments, and openness, which is steadily building throughout the entire Western Hemisphere. On my trip last week, I saw these positive changes firsthand, and told our friends and allies that we’re with them. We’re on the side of what’s right and what is just.”
  • “Today we are holding the Cuban Government accountable for seizing American assets. We are helping those whom the regime has robbed get compensation for their rightful property. And we’re advancing human rights and democracy on behalf of the Cuban people.”

Immediately after the Secretary’s remarks, Kimberly  Breier, Assistant Secretary of State for Western Hemisphere Affairs, responded to journalists’ questions. Here are her significant responses:

  • “[O]bviously we’ve been in very deep and close contact with our allies in Europe and Canada and around the world as we consulted on this decision over the past several months as the Secretary had been shortening the period of suspension with his previous decisions. I think it’s clear if you look in the macro sense we have broad agreement with our allies in Europe and Canada and around the world on the policy objective, which is to promote democracy in Cuba and to free the Cuban people from the tyranny that they live under.”
  • “We are in broad agreement on this. Where we sometimes disagree is on the best way to achieve that. And I think at the end of the day, you’ll need to speak to the European Union and to our allies as to what response they will have, but I would like to emphasize that European companies that are operating in Cuba will have nothing to worry about if they are not operating on property that was stolen from Americans post-revolution. So I think the vast number of European companies will not have any concerns operating in Cuba.”
  • We “took a decision today based on our laws and our sovereign concerns for the property of American citizens and Europeans will respond as they see fit, and we will continue to work closely with them on this policy and on the policy in Venezuela.”
  • The “decision today is part of the trajectory that started with the Trump Administration’s NSPM-5, which was announced in June of 2017.[3]The objective of that was . . . to support the Cuban people and to deny resources to the regime, and in particular to the security services in Cuba. So this is part of a trajectory. We have since published a Cuba restricted list. We have since amended the restricted list several times, and this is part of the trajectory of the administration trying to ensure that we support the people of Cuba and not the regime of Cuba.”
  • The “Secretary’s decision was about the actions of the Cuban regime; certainly, the actions of the Cuban regime in Venezuela are part of the context of the moment in which we are living. And we are very clear, and . . . the Lima Group, which is a group of 12 countries in the Western Hemisphere, for the very first time this week announced its concern over Cuba’s role in Caracas and made public its concern, and called on the Cuban regime to support the transition in Caracas. So I think it’s a very important moment in our relations in the hemisphere as well.”
  • Over “the past two years building off of NSPM-5 and looking at the various tools that we have to implement the President’s vision for how we would conduct this policy. I think you’re going to be seeing quite a bit more from us, and that this is the beginning of a new process on this that recognizes the reality on the ground in Cuba, which is in the past 20-plus years the underlying reality in Cuba has not changed for the average Cuban..[There was no direct response to the question about whether the U.S. was considering t returning Cuba to the State Sponsors of Terrorism list.[4]]
  • “There will not be any exemptions [from this new sanction for any U.S. company doing business in Cuba].” (Emphasis added.)
  • The “Foreign Claims Settlement Commission . . . has certified nearly 6,000 claims for property confiscated in Cuba with a total value of approximately 2 billion. With interest, we believe that value is somewhere in the $8 billion range. The most recent estimate we have from 1996, at the time that the law was enacted, that there could be up to 200,000 uncertified claims that were not certified by the Foreign Claims Settlement Commission, and that value could very easily be in the tens of billions of dollars. But it will depend on, of course, whether claimants decide to pursue legal cases or not.”[5]

The day before the official announcement in an embargoed briefing for journalists, an unidentified senior State Department official said that foreigners who have been trafficking in such properties  have “had over 20 years of profiting from property stolen from American citizens.”

Hints of This and Other Anti-Cuba Measures[6]

For the last several weeks the Administration has been hinting that more anti-Cuba measures were coming.

One such  hint came from Vice President Mike Pence at a U.N. Security council meeting on April 10, when he said, “For decades, Cuba has tried to create client states across our region.  While normal countries export goods, Cuba exports tyranny and strong-arm tactics.  Even now, Cuban military and intelligence services train and support and equip Venezuela’s secret police as they silence opponents, jail and torture members of the opposition.” Pence added, “Last week, the United States took action to sanction ships transporting Venezuelan oil to Cuba.  And soon, at President Trump’s direction, the United States will announce additional action to hold Cuba accountable for its malign influence in Venezuela.” (Emphasis added.)

 Two days later, President Trump issued his Proclamation on Pan American Day and Pan American Week, which said, in part, “Sadly, the people of Cuba, Venezuela, and Nicaragua continue to live under tyranny and authoritarianism.  The brutality and corruption of the illegitimate former regime in Venezuela has crippled the country and brought it to ruin.  We must not forget that the struggle is one between dictatorship and democracy, between oppression and freedom, and between continued suffering for millions of Venezuelans and an opportunity for a renewed future of freedom and prosperity.  The community of democracies in our Western Hemisphere must continue to support the people of Venezuela, Cuba, and Nicaragua as they fight for the restoration of democracy and liberty. (Emphases added.)

Another tip came from the State Department when it announced that  that the U.S. was adding four companies and nine vessels  to the list of Venezuelan companies  that were sanctioned for transporting oil to Cuba.[7] The Department also said the U.S.“will continue to do all we can to stand up against Cuba’s support for the former Maduro regime and its hostility to the Venezuelan people’s aspiration to a peaceful, prosperous, democratic future. Cuba’s intervention only seeks to delay the inevitable—the peaceful transition back to freedom and democracy that is underway in Venezuela, led by the Venezuelan people, Interim President Juan Guaido, and the National Assembly.”  (Emphasis added.)

Another hint came directly from Secretary Pompeo on April 14 in a speech in Cucata, Colombia, when he said, “ “Cubans must understand too that there will be cost associated with continued support of Nicolas Maduro.”  (Emphasis added.)

Conclusion

Later the same day (April 17), U.S. National Security Advisor John Bolton in a speech in Miami addressed these new sanctions and other santi-Cuba measures that will be discussed in a subsequent post. Another post will review the responses to these new measures from the U.S., Cuba, Europe and Canada.

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[1]  Baker, Trump to Increase Pressure on Cuba by Lifting Lawsuit Limits, N.Y. Times (April 16, 2019); Reuters, In Major Shift, Trump to Allow Lawsuits Against Foreign Firms, N.Y. Times (April 16, 2019); Assoc. Press, Trump to Allow Lawsuits Over US Properties Seized in Cuba, N.Y. Times (April 16, 2019); DeYoung, Trump administration will allow U.S. citizens to sue over property seized after 1959,  Wash. Post (April 16, 2019).

[2] State Dep’t, [Secretary Pompeo’s] Remarks to the Press (April 17, 2019); State Dep’t, Briefing With Assistant Secretary for Western Hemisphere Affairs, Kimberly Breier (April 17, 2019).

[3] NSPM refers to National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (June 16, 2017). See President Trump Announces Reversal of Some Cuba Normalization Policies, dwkcommentaries.com (June 19, 2017).

[4] See posts listed in the “Cuba: State Sponsor of Terrorism?” section of List of Posts to dwkcommentaries—Topical: CUBA.

[5]  See Resolution of U.S. and Cuba Damage Claims, dwkcommentaries.com (April 6, 2015).

[6] White House, Remarks by Vice President Pence at a Special Session of the United Nations Security Council  on the Crisis in Venezuela/New York, NY (April 10, 2019); White House,  Proclamation on Pan American Day and Pan American Week (April 15, 2019); State Dep’t, The United States Takes Action To End Cuba’s Malign Influence on Venezuela (April 12, 2019).

 

U.S. Reactions to the Death of Fidel Castro

The November 25th death of Fidel Castro has prompted comments from President-Elect Donald Trump and his aides, the Obama Administration, U.S. Senators and Representatives, U.S. editorial boards and columnists and U.S. business interests and others. All of this has fueled speculation about the future Trump Administration’s policies regarding Cuba. These topics will be explored in this post along with this blogger’s observations.

President-Elect Trump and His Aides[1]

On Saturday morning after Castro’s death the previous night, Donald Trump tweeted, “Fidel Castro is dead!” Later that same day he issued this statement:”Though the tragedies, deaths and pain caused by Fidel Castro cannot be erased, our administration will do all it can to ensure the Cuban people can finally begin their journey toward prosperity and liberty. While Cuba remains a totalitarian island, it is my hope that today marks a move away from the horrors endured for too long, and toward a future in which the wonderful Cuban people finally live in the freedom they so richly deserve.”

Vice President-Elect Mike Pence on Saturday voiced a similar reaction in a tweet: “The tyrant Castro is dead. New hope dawns. We will stand with the oppressed Cuban people for a free and democratic Cuba. Viva Cuba Libre!”

On November 28, Trump issued another tweet on the subject. He said, “If Cuba is unwilling to make a better deal for the Cuban people, the Cuban/American people and the U.S. as a whole, I will terminate deal.”

These comments were corroborated by Trump’s top aides.

On Sunday, November 27, two of the aides said that Trump would demand the release of political prisoners held in Cuba and push the government to allow more religious and economic freedoms. Reince Priebus, the incoming White House chief of staff, said the president-elect “absolutely” would reverse Mr. Obama’s policies if he didn’t get what he wanted from Cuba. “We’re not going to have a unilateral deal coming from Cuba back to the [U.S.] without some changes in their government. Repression, open markets, freedom of religion, political prisoners—these things need to change in order to have open and free relationships, and that’s what president-elect Trump believes, and that’s where he’s going to head.” Similar comments were made the same day by Trump’s spokeswoman, Kellyanne Conway.

On Monday, November 28, Trump spokesman Jason Miller gave this more nuanced statement to reporters: “Clearly, Cuba is a very complex topic, and the president-elect is aware of the nuances and complexities regarding the challenges that the island and the Cuban people face. This has been an important issue, and it will continue to be one. Our priorities are the release of political prisoners, return of fugitives from American law, and also political and religious freedoms for all Cubans living in oppression.”

The Obama Administration[2]

President Barack Obama’s statement extended the U.S. “hand of friendship to the Cuban people” and stated that “history will record and judge the enormous impact of this singular figure on the people and world around him.” According to the President, Cubans “will recall the past and also look to the future. As they do, the Cuban people must know that they have a friend and partner” in America.

U.S. Secretary of State John Kerry issued a similar positive statement. He extended “our condolences to the Cuban people today as they mourn the passing of Fidel Castro. Over more than half a century, he played an outsized role in their lives, and he influenced the direction of regional, even global affairs. As our two countries continue to move forward on the process of normalization — restoring the economic, diplomatic and cultural ties severed by a troubled past — we do so in a spirit of friendship and with an earnest desire not to ignore history but to write a new and better future for our two peoples.”

On November 28 White House Press Secretary Josh Earnest responded to several questions about Cuba and Castro’s death. Here are a few of those responses:

  • For the U.S., “I wouldn’t expect any impact [of Castro’s death] on the kind of progress that we’re committed to making on our end to begin to normalize relations with Cuba.”
  • “[W]e have seen . . . greater freedom for American citizens to visit Cuba, to send money to family members in Cuba, to engage in business and seek business opportunities in Cuba.  It also enhanced the ability of the [U.S.] government to maintain an embassy in Cuba where U.S. officials can more effectively not just engage with government officials in Cuba but also those activists in civil society that are fighting for greater freedoms. . . . They also facilitate the kind of people-to-people ties that we believe will be more effective in bringing freedom and opportunity to the Cuban people, something that they have long sought and been denied by the Cuban government.  And after five decades of not seeing any results, the President believed it was time to see something different. . . . [We] clearly haven’t seen all the results that we would like to see, but we’re pleased with the progress.”
  • Castro “obviously is a towering figure who had a profound impact on the history of not just his country but the Western Hemisphere.  There certainly is no whitewashing the kinds of activities that he ordered and that his government presided over that go against the very values that . . . our country has long defended.”
  • “[T]here is no doubt that we would like to see the Cuban government do more [on human rights], but this policy has not even been in place for two years.  But we certainly have enjoyed more benefits than was enjoyed under the previous policy that was in place for more than 50 years and didn’t bring about the kinds of benefits or the kinds of progress that we would like to see.”
  • “[T]hose Cuban citizens that do work in industries, like cab drivers or working in restaurants, even Airbnb owners, are benefitting from the enhanced economic activity between Cuban citizens and American citizens who are visiting Cuba.  They are paid at a higher rate, and they’re enjoying more economic activity than they otherwise would because of this policy to normalize relations with Cuba. . . . [T]here is a growing entrepreneurial sector inside of Cuba that is benefitting from greater engagement with the United States.  That’s a good thing, and that is a benefit that is enjoyed by the Cuban people directly.”
  • “[T]here certainly is no denying the kind of violence that occurred in Cuba under the watch of the Castro regime.  There has been no effort to whitewash the history, either the history between the United States and Cuba or the history of what transpired in Cuba while Mr. Castro was leading the country.”
  • “That’s why upwards of 90 percent of the Cuban people actually support this policy and they welcome the greater engagement with the United States.  They welcome the increased remittances that are provided Cuban-Americans to family members in Cuba.  They welcome the increase in travel by American citizens to Cuba.  There’s a lot to offer.  And the Cuban people certainly benefit from that kind of greater engagement.  And that’s why the President has pursued this policy.”
  • The U.S. “relationship with countries throughout the Western Hemisphere, particularly in Latin America, is as strong as it’s been in generations. And all of that would be undone by the reinstitution of a policy that has failed after having been in place for more than five decades.”

The next day, November 28, Press Secretary Ernest announced that the U.S. will not send a formal delegation to Cuba to attend the Castro funeral but instead will dispatch a top White House aide and a principal Cuba-normalization negotiator, Benjamin J. Rhodes, to be joined by , the top U.S. diplomat in Cuba.

U.S. Senators and Representatives[3]

Senator Bob Corker (Rep., TN), the Chair of the Senate Foreign Relations Committee, stated, Under Fidel Castro’s brutal and oppressive dictatorship, the Cuban people have suffered politically and economically for decades, and it is my hope that his passing might turn the page toward a better way of life for the many who have dreamed of a better future for their country. Subsequently after meeting with Mr. Trump about a possible appointment as Secretary of State, Corker said Mr. Trump’s “instincts on foreign policy are obviously very, very good.”

The Ranking Member of that committee, Senator Ben Cardin (Dem., MD), said, “The news of Fidel Castro’s death brings with it an opportunity to close the deep divisions that have been suffered by Cuban society and by Cuban Americans in the U.S.  For Castro’s purported goals of social and economic development to be attained, it is now time for a half-century of authoritarian rule to give way to the restoration of democracy and the reform of a system the has denied Cuba’s citizens their basic human rights and individuals freedoms. As the United States awaits a new Administration, we must continue our partnership with the Cuban people as they seek to build a more hopeful future for their country.”

Senator Marco Rubio of Florida, a Cuban-American and Republican presidential candidate this year, said in a statement: “Sadly, Fidel Castro’s death does not mean freedom for the Cuban people or justice for the democratic activists, religious leaders, and political opponents he and his brother have jailed and persecuted. The dictator has died, but the dictatorship has not…The future of Cuba ultimately remains in the hands of the Cuban people, and now more than ever Congress and the new administration must stand with them against their brutal rulers and support their struggle for freedom and basic human rights.” Senator Bob Menendez (Dem., N.J.), a Cuban-American who has opposed Mr. Obama’s policy, issued a similar statement.

Senator Jeff Flake (Rep., AZ), who has supported normalization and is the lead author of a Senate bill to end the embargo, merely said, “Fidel Castro’s death follows more than a half century of brutal repression and misery. The Cuban people deserve better in the years ahead.”

Minnesota’s Senator Amy Klobuchar (Dem.), the author of a Senate bill to end the U.S. embargo of the island, said the following: “Passing my bill with Republican Senator Jeff Flake to lift the trade embargo with Cuba would create jobs and increase exports for American farmers and businesses, and it could create unprecedented opportunity for the Cuban people. For far too long, U.S.-Cuba policy has been defined by the conflicts of the past instead of the realities of today and the possibilities for the future. The Cuban and American people are ahead of their governments in terms of wanting to see change. We need to seize this opportunity and lift the trade embargo.”

Minnesota’s other Senator, Al Franken (Dem.) said that, in the wake of Castro’s death, he hopes the Obama administration’s work to repair relations with the island nation is upheld by a new administration. “Over the past few years, we’ve made important strides to open up diplomatic relations with Cuba, and now I urge the country’s leadership to put a strong focus on improving human rights and democracy.”

On the House side, one of Minnesota’s Republican representative and an author of a bill to end the embargo, Tom Emmer, said that Congress should seize the opportunity to “assist in the transition to a democracy and market economy” in Cuba and denounced “isolation and exclusion.” He added, “The passing of Fidel Castro is yet another reminder that a new day is dawning in Cuba. As the remaining vestiges of the Cold War continue to fade, the United States has a chance to help usher in a new Cuba; a Cuba where every citizen has the rights, freedom and opportunity they deserve.”

The statement from the Speaker of the House, Paul Ryan (Rep., WI), stated, “Now that Fidel Castro is dead, the cruelty and oppression of his regime should die with him. Sadly, much work remains to secure the freedom of the Cuban people, and the United States must be fully committed to that work. Today let us reflect on the memory and sacrifices of all those who have suffered under the Castros.”

U.S. Editorial Boards and Columnists[4]

The New York Times’ editorial opposed any retreat from normalization. It said such a move would be “extremely shortsighted.” The new process of normalization, it says, “has helped establish conditions for ordinary Cubans to have greater autonomy in a society long run as a police state. It has also enabled Cuban-Americans to play a larger role in shaping the nation’s future, primarily by providing capital for the island’s nascent private sector. While the Cuban government and the Obama White House continue to have profound disagreements on issues such as human rights, the two governments have established a robust bilateral agenda that includes cooperation on environmental policy, maritime issues, migration, organized crime and responses to pandemics. These hard-won diplomatic achievements have benefited both sides.”

 If, on the other hand, said the Times, the normalization process is abandoned, U.S.-Cuba “cooperation is likely to wane. That would only embolden hard-liners in the Cuban regime who are leery of mending ties with the United States and are committed to maintaining Cuba as a repressive socialist bulwark. In Mr. Trump, they may find the ideal foil to stoke nationalism among Cubans who are fiercely protective of their nation’s sovereignty and right to self-determination.”

The editorial from the Washington Post, while criticizing some aspects of President Obama’s opening to Cuba, stated U.S. policy should “align itself with the hopes of ordinary Cubans and the legitimate demands of the island’s pro-democracy movements. That does not necessarily mean reversing the renewal of diplomatic relations and relaxed restrictions on the movement of people and goods; most Cubans still want that. But it should mean that official exchanges with the regime, and any concessions that benefit it, should be tied to tangible reforms that benefit the public: greater Internet access, expansion of space for private business and tolerance of critical speech and assembly by such groups as the Ladies in White.”

Conservative columnists and commentators welcomed Fidel’s death. George Will hoped, if not reasonably expected, “to have seen the last of charismatic totalitarians worshiped by political pilgrims from open societies. Experience suggests there will always be tyranny tourists in flight from what they consider the boring banality of bourgeois society and eager for the excitement of sojourns in ‘progressive’ despotisms that they are free to admire and then leave. Carlos Eire, a Cuban exile, author and the T.L. Riggs Professor of History and Religious Studies at Yale University, suggested a 13-point negative epitaph for Fidel’s tomb. The first point was: ”He turned Cuba into a colony of the Soviet Union and nearly caused a nuclear holocaust.” The last point was this: “He never apologized for any of his crimes and never stood trial for them.”

Another Washington Post columnist, Kathleen Parker, agreed that Fidel was a terrible dictator, but argued that Mr. Trump “should understand that Fidel Castro loved the embargo more than anyone because, as ever, he could blame the [U.S.] for his failures. For Trump to fall into this same trap [by keeping the embargo] would be a postmortem gift to Castro and breathe new life into a cruel legacy — the dictator’s final triumph over the [U.S.] and the several American presidents who could never quite bury him.”

U.S. Business Interests and Others[5]

Important interests that typically are regarded as important by Republicans are arguing against any retreats from the Obama Administration’s pursuit of normalization of Cuba relations

First, many U.S. companies are now deeply invested in Cuba under the current administration’s policy. These companies include major airlines, hotel operators and technology providers, while big U.S. phone carriers have signed roaming agreements on the island. “I think the American business community would be strongly opposed to rolling back President Obama’s changes, and strongly in favor of continuing the path toward normalization of economic and diplomatic relations,” said Jake Colvin, vice president of the National Foreign Trade Council.

Second, the U.S. farming industry is strongly supportive of normalization of U.S.-Cuba relations. For example, Kevin Paap, president of the Minnesota Farm Bureau, does not want the next administration to take any steps that would put U.S. farmers at a further disadvantage in the Cuban market. “Every other country in the world has diplomatic and trade relations with Cuba, and what we don’t want to do is lose that market share to the European Union, Brazil, Argentina.” Mr. Paap added that U.S. market share in Cuba has decreased in recent years as other countries are able to provide better financing.

But agricultural producers across the country, from rice producers in Louisiana to Northwest apple farmers to Kansas wheat growers have pushed for more, including lifting a ban prohibiting Cuba from buying American agricultural goods with U.S. credit.

Cuba’s wheat consumption is about 50 million barrels a year, said Daniel Heady, director of governmental affairs at the Kansas Association of Wheat Growers. Although not a huge market, “it’s right off the coast and it would be extremely easy for us to deliver our product.” “It is something that Kansas farmers are extremely interested in,” Heady said. “In a world of extremely depressed commodity prices, especially wheat, 50 million bushels looks extremely good right now.”

Republican governors from Texas, Arkansas and elsewhere have led trade delegations to Cuba, along with their state farm bureaus and chambers of commerce.

A U.S. journalist with extensive experience with Cuba, Nick Miroff, echoed these thoughts. He said, “A return to more hostile [U.S.-Cuba] relations . . . could also bring a new crackdown in Cuba and further slow the pace of Raúl Castro’s modest liberalization  measures at a time of stalling economic growth. Hard-liners in Cuba’s Communist Party would gladly take the country back to a simpler time, when the antagonism of the United States — not the failure of government policies — was to blame for the island’s problems, and the threat of attack, real or imagined, was used to justify authoritarian political control.’

Moreover, according to a Wall Street Journal report, any U.S. abandonment of normalization with Cuba “could drive a new wedge between Washington and Latin America . . . not only by leftist allies of Cuba like Venezuela and Bolivia but also by conservative governments in Brazil, Chile, Mexico and Colombia. It would also likely complicate regional cooperation on a range of issues, from immigration to security and anti-drug efforts.”

In Miami, many of the island’s exiles and their children and grandchildren took to the streets, banging pots and pans, waving American and Cuban flags, and celebrating in Spanish: “He’s dead! He’s dead!”

Meanwhile in faraway Minnesota, even though it has relatively few Cuban exiles, celebrated its Cuban connections. They range from festivals and restaurants in the Twin Cities that preserve and highlight Cuban culture. Its politicians in Washington, D.C. have been leaders in efforts to lift the trade embargo on Cuba, citing the potential for economic and political advancements and job growth. Christian communities in Minnesota also value their religious and moral obligations to Cubans. Cuba’s expanded Mariel Port could carry Minnesota-made goods. Other Minnesota-based companies, including Sun Country Airlines, Radisson Hotels and Cargill, could benefit from lifting the embargo.

Last year the Minnesota Orchestra took a historic trip to Cuba as the first U.S. orchestra to perform there since Obama began negotiations in 2014. Next June, some Orchestra members will perform in Cuba again along with Minnesota Youth Symphonies. They also will be joined by Cuban-American jazz musician, Ignacio “Nachito” Herrera, and his wife, who works as an attorney. Herrera grew up during the Cuban Revolution and credits Castro’s leadership for the career opportunities he and his wife have achieved. Indeed, Herrera met Castro in the 1980s while being recognized in a Classic World Piano competition. Castro was humble, Herrera said, and deeply curious about his accomplishments.

Concluding Observations

This blog consistently has applauded the U.S. pursuing normalization with Cuba. The death of Fidel Castro does not change that opinion and advocacy. Fundamentally I agree with President Obama that the 50-plus years of U.S. hostility towards Cuba has not worked—it has not persuaded or forced Cuba to change its ways and it has interfered with our having friendly relations with countries throughout the world, especially in Latin America.[6]

Indeed, the countries of the Western Hemisphere in their Summits of the Americas have made it clear to fellow member the U.S. that they would no longer reluctantly acquiesce in the U.S. desire to exclude Cuba from such Summits, and at the last such gathering in 2015, after the announcement of U.S.-Cuba normalization they praised both countries for this move.[7]

The broader world disapproval of the U.S. hostility towards Cuba is shown by the annual overwhelming approvals of resolutions condemning the U.S. embargo of the island by the U.N. General Assembly. Nor should the U.S. continue to ignore its very large contingent liability to Cuba for its alleged damages from the embargo. (The U.S., of course, disputes this contingent liability, but prudence for any nation or entity facing such a large contingent liability dictates cutting off that risk by stopping the behavior that allegedly triggers the risk.)[8]

Opponents of normalization usually point to Cuban deficiencies on human rights and democracy. But such opposition fails to recognize or admit that the U.S. does not have a perfect record on these issues, including this year’s U.S. election and efforts at voter suppression and the U.S. indirect election of the president and vice president via the Electoral College. Moreover, such opponents also fail to recognize or admit that at least some Cuban limits on dissent and demonstrations undoubtedly are triggered by their fear or suspicion that the U.S. via its so-called covert or undercover “democracy promotion” programs in Cuba is financing or otherwise supporting these efforts at regime change on the island. Finally as part of the efforts at normalization the U.S. and Cuba have been having respectful dialogues about human rights issues.[9]

Another issue sometimes raised by opponents of normalization is Cuba’s failure to provide financial compensation to U.S. persons for Cuba’s expropriation of their property in the early years of the Revolution. But such criticism fails to recognize that Cuba has paid compensation to persons from other countries for such expropriation, that it is in Cuba’s interest to do the same for U.S. persons, that the two countries have been respectfully discussing this issue as well, and there is no reason to expect that this issue cannot be resolved peacefully.[10]

Opponents of normalization also seem to believe or assume that only the U.S. and Cuba are involved in these issues. That, however, is not true. Perhaps precipitated by the December 2014 announcement that Cuba and the U.S. had agreed to seek normalization and reconciliation, other countries, especially the members of the European Union, have been accelerating their efforts to resolve differences with Cuba so that the U.S. will not beat them to gain competitive advantages with the island. China also is another competitor.[11]

Finally Cuba’s current major ally, Venezuela, obviously is near collapse and being forced to reduce its support of Cuba, thereby threatening Cuba’s stability and viability. The U.S. does not want to see Cuba become a failed state 90 miles away from the U.S. Such a situation is even more dire today according to Tom Friedman’s new book, Thank You for Being Late: An Optimist’s Guide to Thriving in the Age of Accelerations. He asserts at page 270 that it “may even be more difficult [for inhabitants of a failed state to reconstitute itself] in the age of accelerations. The lifelong learning opportunities you need to provide to your population, the infrastructure you need to take advantage of the global flows [of information], and the pace of innovation you need to maintain a growing economy have all become harder to achieve. . . . Catching up is going to be very, very difficult.”

For the U.S., once again, to act like an arrogant bully towards Cuba will not achieve any good result. All U.S. citizens interested in Cuba’s welfare and having good relations with the U.S. need to resist any efforts by the new Administration to undo the progress of the last two years.

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[1] Assoc. Press, Trump Slams Recount Push as ‘a Scam,’ Says Election Is Over, N.Y. Times (Nov. 26, 2016); Reuters, Trump Says He Will do All He Can to Help Cuban People, N.Y. Times (Nov. 26, 2016); Assoc. Press, Vice-President-Elect Pence Says ‘New Hope Dawns’ for Cuba, N.Y. Times (Nov. 26, 2016); Assoc. Press, Trump Aides Say Cuban Government Will Have to Change, N.Y. Times (Nov. 27, 2016); Flaherty, Trump aides say Cuban government will have to change, StarTrib. (Nov. 27, 2016); Schwartz & Lee, Death of Fidel Castro May Pressure Donald Trump on Cuba Promises, W.S.J. (Nov. 27, 2016); Mazzei, Trump pledges to ‘terminate’ opening to Cuba absent ‘better deal,’ Miami Herald (Nov. 28, 2016); Cave, Ahmed & Davis, Donald Trump’s Threat to Close Door Reopens Old Wounds in Cuba, N.Y. Times (Nov. 28, 2016).

[2]   White House, Statement by the President on the Passing of Fidel Castro (Nov. 26, 2016); U.S. State Dep’t, Secretary Kerry: The Passing of Fidel Castro (Nov. 26, 2016); White House, Press Briefing by Press Secretary Josh Earnest, 11/28/16; White House, Press Briefing by Press Secretary Josh Earnest, 11/29/16; Harris, Obama to Send Aide to Fidel Castro’s Funeral, N.Y. Times (Nov. 29, 2016).

[3] Sen. For. Rel. Comm., Corker Statement on the Death of Fidel Castro (Nov. 26, 2016); Griffiths, Corker praises Trump as State Department speculation continues, Politico (Nov. 29, 2016; Sen. For. Rel. Comm, Cardin Statement on the Death of Fidel Castro (Nov. 26, 2016); Rubio, Rubio: History Will Remember Fidel Castro as an Evil, Murderous Dictator (Nov. 26, 2016); Menendez, Senator Menendez on Death of Fidel Castro (Nov. 26, 2016); Flake, Flake Statement on the Death of Fidel Castro (Nov. 26, 2016); Ryan, Statement on the Death of Fidel Castro (Nov. 26, 2016);The latest: US House Leader Urges Remembering Castro Cruelty, N.Y. Times (Nov. 26, 2016); Klobuchar, Klobuchar Statement on Passing of Fidel Castro (Nov. 26, 2016); Emmer, Emmer Statement on Death of Fidel Castro (Nov. 26, 2016).

[4] Editorial, Threatening Cuba Will Backfire, N.Y. Times (Nov. 29, 2016); Editorial,Editorial, Fidel Castro’s terrible legacy, Wash. Post (Nov. 26, 2016); Fidel Castro’s demise can’t guarantee freedom for the people of Cuba, Wash. Post (Nov. 28, 2016); Will, Fidel Castro and dead utopianism, Wash. Post (Nov. 26, 2016); Eire, Farewell to Cuba’s brutal Big Brother, Wash. Post (Nov. 26, 2016); Parker, Don’t give Fidel Castro the last laugh, Wash. Post (Nov. 29, 2016). Eire is the author of Learning To Die in Miami: Confessions of A Refugee Boy (2010) and Waiting for Snow in Havana (2003).

[5] DeYoung, Trump’s threat to terminate opening to Cuba may draw opposition from business, Republican states, Wash. Post (Nov. 29, 2016); Miroff, Cuba faces renewed tensions with U.S., but without Fidel Castro, its field marshal, Wash. Post (Nov. 28, 2016); Dube & Johnson, Donald Trump’s Line on Cuba Unsettles Latin America, W.S.J. (Nov. 28, 2016); Klobuchar, Minnesota Artists, Leaders Reflect on Castro’s Legacy (Nov. 26, 2016);  Miroff & Booth, In wake of Castro’s death, his legacy is debated, Wash. Post (Nov. 28, 2016).

[6] See List of Posts to dwkcommentaries—Topical: CUBA.

[7] Previous posts have discussed the Seventh Summit of the Americas in April 2015. https://dwkcommentaries.com/?s=Summit+of+the+Americas.

[8] Previous posts have discussed the U.N. General Assembly resolutions on the embargo in 2011, 2014, 2015 and 2016 and the suggested international arbitration to resolve the disputes about Cuba’s damage claims resulting from the embargo. (See posts listed in “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA.

[9] See posts listed in “U.S. Democracy Promotion in Cuba,” “U.S. & Cuba Normalization, 2014-2015” and “U.S. & Cuba Normalization, 2015-2016” sections of List of Posts to dwkcommentaries—Topical: CUBA.

[10] See posts listed in “U.S. & Cuba Damage Claims” section of List of Posts to dwkcommentaries—Topical: CUBA.

[11] See list of posts in “Cuba & Other Countries” section of List of Posts to dwkcommentaries—Topical: CUBA.

Results of U.S.-Cuba Discussions After Ceremonial Opening of U.S. Embassy in Havana

John Kerry & Bruno Rodriguez
John Kerry & Bruno Rodriguez

After the ceremonial opening of the U.S. Embassy in Havana on August 14, 2015, Cuba and the U.S. held closed-door discussions. Here is what was disclosed about those discussions at a joint press conference at the city’s Hotel Nacional by Secretary of State John Kerry and Cuban Foreign Minister Bruno Rodriquez and from other sources.[1]

Guarded Optimism. Repeating his earlier remarks at the Embassy, Kerry said this was an historic moment as the two countries continued to engage in a cooperative way to address the many issues that had accumulated over the last 50 years. Rodriguez said essentially the same thing.

Empowerment of People. According to Kerry, normalization “will contribute to greater empowerment of . . . the Cuban people to be able to plug into the global economy, to be able to trade more, to be able to move and travel and enjoy the fruits of their labor, to be able to raise the standards of living, and therefore improve their lives.” It will “also help [U.S.] citizens . . . , including students, the private sector to be able to learn more about this country, to be able to establish friendships and connections that will last, hopefully, for a lifetime.”

Improved U.S. Relations with Western Hemisphere. Kerry said normalization “will also remove a source of irritation and division within the hemisphere.” At April’s Summit of the Americas, many countries said “how happy they are that finally the [U.S.] and Cuba are going to move to renew their relationship, because all of them were supportive of and encouraging us to take that kind of step.”

U.S. Embargo (Blockade) Issues. Rodriguez re-emphasized Cuba’s demands for the U.S. to end its embargo (blockade) of the island and for the U.S. to pay compensation for the alleged damages to the Cuban economy caused by that measure. Kerry agreed on the need to end the embargo and emphasized President Obama’s request for Congress to do just that.

According to Reuters and the Associated Press, this issue came up again at a meeting that evening with Cuban dissidents at the official Havana residence of the charge d’affaires. Kerry then said, “the U.S. Congress was unlikely to ever lift a punishing economic embargo on Cuba unless the Communist government improved its human rights [or civil liberties] record.” The AP quoted Kerry as saying, “There is no way Congress will lift the embargo if we are not making progress on issues of conscience.”

After there had been a report of those comments, Josefina Vidal, Cuba’s lead negotiator in negotiations with the U.S., told Reuters, “Decisions on internal matters are not negotiable and will never be put on the negotiating agenda in conversations with the United States. Cuba will never do absolutely anything, not move one millimeter, to try to [obtain the end of the embargo (blockade).]”

U.S. Claims for Expropriated Property. Rodriguez said, “Cuban laws have foreseen the [need for] compensation to owners whose properties were nationalized in the 1960s. And all the owners were compensated in due time with exception of American citizens due to the circumstances . . . in the bilateral relations. I reiterate that the Cuban laws include the possibility to pay compensations.”

This point was reiterated later that day by Cuban diplomat, Josefina Vidal, who said that Cuba is willing to discuss the 5,913 claims from Americans whose properties were nationalized after the 1959 revolution that brought Fidel Castro to power. A Cuban law, however, links negotiations on property claims to Cuba’s own claims for damages caused by the embargo and other U.S. aggressions.

Guantanamo Bay Issues. Rodriguez reiterated Cuba’s request or demand for the U.S. to return Guantanamo Bay to Cuba. Kerry, however, said, “Now, at the moment, there is no current discussion or plan to change the arrangement with respect to Guantanamo, but I can’t tell you what will happen over the years in the future.”

Josefina Vidal stated that she receives the annual U.S. $4,085 rental checks for Guantanamo Bay, which Cuba refuses.to cash because it sees the U.S. occupation of Guantanamo as illegal. Instead each of the checks is stored in Cuban archives “like a historical document.”

Migration issues. According to Kerry, the U.S. supports “safe, legal, orderly migration from Cuba to the [U.S.]” and “full implementation of the existing migration accords with Cuba.” But the U.S. currently has “no plans whatsoever to alter the current migration policy, including the Cuban Adjustment Act, and we have no plans to change the ‘wet foot, dry foot’ policy.”

Rodríguez responded: “migration waves of people escaping from poverty and military conflicts are well known. Fortunately this does not happen in the Latin America and the Caribbean region.” But we have “serious concerns about the migration processes from [Central American] countries affecting hundreds [of thousands] of small children [fleeing to the U.S.]”

Rodriguez continued, “Migration relations between the U.S. and Cuba . . . should not be politicized. They should be totally normal.” We agree to encourage the “safe and orderly migration between both countries. We also agree on the risks, the dangers, and the need to establish an international and bilateral cooperation against trafficking in persons [and related transnational organized crime].” Cuba also believes “the migration accords in force between the U.S. and Cuba should be strictly respected and that any policy or any practical action which is not in accordance with the spirit and language of the accords should be abolished.” [2] We believe that the freedom of travel is also a fundamental human right.”

U.S. Human Rights Problems. Rodriguez opened his comments at the press conference with complaints of U.S. human rights transgressions — from police shootings of black men to mistreatment of prisoners at Guantanamo Bay, the U.S. naval base on Cuba that the government says must be returned. “Cuba isn’t a place where there’s racial discrimination, police brutality or deaths resulting from those problems,” Rodriguez said. “The territory where torture occurs and people are held in legal limbo isn’t under Cuban jurisdiction.”

U.S. Presidential Election of 2016. Kerry said he could not imagine “another president, Republican or Democrat, just throwing [the re-establishment of diplomatic relations and steps towards normalization] out the window.” In addition, Kerry thought “that people understand that over 54 years, we had a policy that was isolating us, not changing the world.”

Steering Committee. The two countries have established a steering committee or commission to address the many outstanding issues. This body will meet in Havana for the first time in the first or second week of September.

This body will follow three tracks. The first will encompass areas in which rapid progress is expected, such as cooperation on naval matters, climate change and the environment. The second will tackle more complex topics like the establishment of direct airline flights and U.S. telecommunications deals with Cuba. The last will take on the toughest problems, including the embargo, human rights and each country’s desire to have fugitives returned by the other.

Conclusion

The steering committee’s first tier of issues (the easiest ones) apparently will include agreements for civil aviation landing rights for each country’s airlines, direct mail, environmental protection and battling drug trafficking. (Indeed on August 17 the Wall Street Journal reported that the Obama Administration was pushing for the airliner deal by the end of this year.[3])

The third tier of issues (the most difficult) apparently will include ending the U.S. embargo (blockade), which is an issue for the U.S. Congress, not for negotiations with Cuba; U.S. compensation to Cuba for alleged damages to its economy from the embargo (blockade); Cuba’s compensation to U.S. interests for expropriation of their property in Cuba; the future status of Guantanamo Bay; and extradition of fugitives from one country to the other.[4]

I agree that the most difficult set of issues to be resolved by bilateral negotiations are those just mentioned. Indeed, as an outsider, I think they will be impossible to resolve by such negotiations.

On the other hand, I think that the way to resolve these issues is direct and simple in concept: submit these disputes to an impartial third party. There are various ways this could be done. I have suggested that the Permanent Court of Arbitration at The Hague in the Netherlands be chosen by the two countries to resolve these disputes: it has been in existence since the late 19th century and has an existing set of rules for such proceedings, which will be lengthy and complicated.

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[1] State Dep’t, Press Availability With Cuban Foreign Minister Bruno Eduardo Rodriguez Parrilla (Aug. 14, 2015); Reuters, Kerry Says Next U.S. President Likely to Uphold New Cuba Policy, N.Y. Times (Aug. 14, 2015); Reuters, Cuba Says Won’t Move ‘One Millimeter’ to Placate Enemies in U.S., N.Y. Times (Aug. 14, 2015); Assoc. Press, A Festive Flag-Raising, Then Tough Talk on US-Cuba Relations, N.Y. Times (Aug. 15, 2015);Reuters, Cuba’s Top Diplomat for U.S. Sees Long Road for Normal Ties, N.Y. Times (Aug. 16, 2015); Cuban Foreign Minister receives John Kerry (+Photos), Granma (Aug. 14, 2015); John Kerry: We are determined to move forward, Granma (Aug. 14, 2015); Cuba and U.S. discuss next steps in developing relations, Granma (Aug. 14, 2015); Cuba and the United States: Some questions about the future, Granma (Aug. 14, 2015); In joint press conference Bruno Rodriguez Parrilla and John Kerry, Granma (Aug. 15, 2015).

[2] One of the criticized U.S. immigration policies is the dry foot/wet foot program whereby a Cuban who lands on U.S. land is eligible for special U.S. immigration status while one apprehended at sea is not.. Another is the U.S.’ Cuban medical personnel parole program.

[3] Schwartz, Nicas & Lee, Obama Administration Pushes for Deal to Start Flights to Cuba by Year’s End, W.S.J. (Aug. 17, 2015); Reuters, White House, Cuba Work to Resume Scheduled Commercial Flights, WSJ, N.Y. times (Aug. 17, 2015).

[4] Previous posts have discussed Cuba’s claim for damages from the embargo (blockade); the U.S. claims for compensation for expropriated property; the Cuban lease of Guantanamo Bay to the U.S. and whether Cuba has a legal right to terminate the lease; extradition of fugitives.

 

 

 

 

 

 

 

 

 

 

Comments About Cuba by White House Press Secretary 

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside that event. Prior posts discussed the ceremonial opening of the Cuban Embassy and the joint press conference later that day at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez. This post reviews the extensive July 20 comments about the U.S.-Cuba relationship by White House Press Secretary Josh Earnest.[1] A subsequent post will review the reactions to these events.

Emphasizing Secretary Kerry’s Comments

Josh Earnest
Josh Earnest

Earnest first underscored Secretary Kerry’s comments about the reopening of embassies by saying, “The [U.S.] welcomes today’s historic opening of the embassy of the [U.S.] in Havana, Cuba, and the opening of the Cuban embassy here in Washington, D.C.  Today’s openings are the result of respectful dialogue between the [U.S.] and the Republic of Cuba following the December 17th announcements by President Obama and President Raúl Castro to reestablish diplomatic relations between our two nations.”

“This is yet another demonstration that we don’t have to be imprisoned by the past.  We look forward to working collaboratively to normalize relations with the Cuban government and the Cuban people after more than a half-century of discord.  Beginning today, U.S. diplomats in Havana will have the ability to engage more broadly across the island of Cuba, with the Cuban government, Cuban civil society, and even ordinary Cuban citizens.”

“We look forward to collaborating with the Cuban government on issues of common interest, including counterterrorism and disaster response, and we are confident that the best way to advance universal values like freedom of speech and assembly is through more engagement with the Cuban people.”

U.S. Ambassador to Cuba

The Press Secretary said he did “not have a specific commitment in terms of when [a nominee for U.S. Ambassador to Cuba] would be announced or who that person would be.  We certainly do believe that U.S. interests in Cuba would be best represented by somebody serving as the ambassador there.” Later in the conference, when pressed, he said despite anticipated resistance to the appointment of anyone to that position by some Senate Republicans, he expected such an a nomination to be made by the President.

The “current Chief of Mission is a gentleman named Jeffrey DeLaurentis.  He is somebody who had previously served as the Deputy Assistant Secretary of State for the Bureau of Western Hemisphere Affairs.  He is somebody who has done two previous stints at the U.S. Interests Section in Havana, and somebody who has served in a wide variety of diplomatic roles, including as the political counselor to the U.S. Mission at the United Nations in Geneva, a political counselor at the U.S. embassy in Bogota, even did a stint here at the White House at the National Security Council.

So this is somebody . . . with a wide range of experience in a variety of roles, and we’ve got a lot of confidence in the ability of Ambassador DeLaurentis to represent U.S. interests on the island in Cuba.  But I certainly wouldn’t rule out that the President would nominate somebody to serve at the rank of ambassador at the U.S. embassy in Cuba.”

DeLaurentis’ “top agenda item will be to represent the interests of the [U.S.] on the island.  In some cases, that is going to involve making sure that U.S. businesses and U.S. individuals that are engaged in commercial activity on the island of Cuba, that their interests are represented and protected on the island.  That’s certainly one reason that we’ve seen some bipartisan support in Congress for this policy change.”

“But obviously diplomats who are working at the new U.S. embassy in Cuba will also have the ability to more freely travel throughout Cuba and to interact and engage the Cuban people and, yes, even some members of the political opposition.  And we believe that that will better represent the interest of the [U.S.] on the island.”

Cuban Human Rights.

The change in U.S. policy regarding Cuba “is consistent with the national security interests of the [U.S. and] . . . with the kinds of values that this President and previous Presidents have aggressively advocated all around the world.  Those values are the respect for the basic human rights that we hold dear in this country — freedom of speech, freedom of assembly, freedom of religion, freedom of the press.”

“It’s clear that Cuba has significant progress to make in all of those areas.  What’s also clear is that the previous [U.S.] . . . [did not] really make much progress [on these issues].  The President believed that a change was necessary.  And we’re hopeful that in the coming years we’ll start to see the kind of respect for basic human rights on the island of Cuba that the U.S.] has long advocated.”

[Moreover, an] overwhelming percentage of the Cuban people are supportive and optimistic about this change in policy because of a chance that is has to improve their prospects on the island nation of Cuba.”

“So the President is looking forward to these kinds of changes taking effect [so] that the Cuban people and the Cuban government start to enjoy the benefits and see the results from greater engagement with the [U.S.]”

“In the days after this agreement was announced back in December, a substantial number of individuals who had previously been held by the Cuban government for their political views were released.  And that’s an indication that the Cuban government is trying to at least change their reputation when it comes to these issues.“

“But we have got a long list of concerns.” In addition, “for a long time the U.S. policy of trying to isolate Cuba became a source of irritation in the relationship between the [U.S.] and other countries in the Western Hemisphere.  And by removing that source of irritation, the [U.S.] can now focus attention of . . . other countries in the Western Hemisphere on the Cuban government’s rather sordid human rights record.”

“And again, that is part of the strategy for seeking to engage the Cuban people more effectively, and bring about the kind of change that we would like to see inside of Cuba.”

U.S. Leverage To Effect Change in Cuba.

As a result of the change in U.S. policy regarding Cuba, the U.S. will “have the leverage of the other countries in the Western Hemisphere that now are no longer distracted by the U.S. embargo against Cuba. . . . In fact, . . . we’ve remove[d] that irritant and allowed the rest of the Western Hemisphere to focus more closely on the conduct and policies of the Cuban government. That certainly is a positive development.”

“[A]ny perceived leverage [for the U.S.] that was included in an embargo did not succeed in generating the kind of outcome that its most ardent advocates believe is important.  We didn’t see the kind of progress on human rights reforms that we would like to see while that embargo was in place.”

That is “why the President has called for the removal of the embargo and . . . to take steps to restore diplomatic ties between our two nations. [T]he policy of isolation . . . [has] failed and it was time to try a different approach to succeed in achieving the goal that we all share, which is a Cuba that thrives and a Cuban government that respects and even protects the basic human rights of their citizens.”

“[P]art of this agreement included ensuring that Cuban citizens have greater access to the Internet and greater access to information, and we believe that, equipped with that knowledge, that that’s a good thing for the Cuban people.”

“What is persuasive [about this enhanced U.S. leverage] is that most public polls indicate that upwards of 90 percent of the Cuban population actually support this policy change. . . . [This] is an indication that it’s not just the U.S. interests that are best served by this policy; it’s actually the interests of the Cuban people that are best served by this policy as well.”

This “is something that we can evaluate in the years to come.  I certainly am not going to make you wait 55 years to evaluate the success of this policy, but it’s clear that the previous policy could be evaluated over 55 years and it clearly did not bring about the kind of results that we’d like to see.”

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[1] White House, Press Briefing by Press Secretary Josh Earnest, 7/20/15.

Joint Press Conference of U.S. Secretary of State John Kerry and Cuba Foreign Minister Bruno Rodriguez  

On the morning of July 20, 2015, Cuba officially opened its Embassy in Washington, D.C., and the United States did likewise in Havana although the ceremonial opening of the latter will be on August 14 when Secretary of State John Kerry goes to Havana to preside that event. A prior post discussed the ceremonial opening of the Cuban Embassy. This post covers that afternoon’s joint press conference at the U.S. Department of State by U.S. Secretary of State John Kerry and Cuba’s Foreign Minister Bruno Rodriguez.[1] Subsequent posts will review comments about U.S.-Cuba relations offered by the White House Press Secretary at a July 20 press conference and the reactions to these events.

Bruno Rodriguez & John Kerry @ U.S. State Department
Bruno Rodriguez & John Kerry @ U.S. State Department

Secretary Kerry’s Opening Statement

The conference was opened by Kerry, saying it was “an historic day; a day for removing barriers.” This day was welcomed by the U.S. as a “new beginning in its relationship with the people and the Government of Cuba. We are determined to live as good neighbors on the basis of mutual respect, and we want all of our citizens – in the U.S. and in Cuba – to look into the future with hope. Therefore we celebrate this day . . . because today we begin to repair what was damaged and to open what has been closed for many years.”

His prior discussion with Minister Rodriguez, Kerry said, “touched on a wide range of issues of mutual concern including cooperation on law enforcement, counter-narcotics, telecommunications, the internet, environmental issues, human rights, including trafficking in persons. And of course, we also discussed the opening of our embassies.”

This milestone, however, Kerry added, “does not signify an end to differences that still separate our governments, but it does reflect the reality that the Cold War ended long ago, and that the interests of both countries are better served by engagement than by estrangement, and that we have begun a process of full normalization that is sure to take time but will also benefit people in both Cuba and the United States.” Indeed, “the process of fully normalizing relations between the United States and Cuba will go on. It may be long and complex. But along the way, we are sure to encounter a bump here and there and moments even of frustration. Patience will be required. But that is all the more reason to get started now on this journey, this long overdue journey.”

Foreign Minister Rodriguez’s Opening Statement

Rodriguez opened in English by saying he had “a constructive and respectful meeting with [the] Secretary . . . [and] an exchange on the issues discussed by Presidents Raul Castro and Barack Obama during their historical encounter at the Summit of the Americas in Panama, the current status of the bilateral relations, and the progress achieved since the announcements of December 17th, 2014, including Cuba’s removal from the list of state sponsors of terrorism and the expansion of official exchanges on issues of common interest, and the re-establishment of diplomatic relations and the reopening of embassies.”

The Cuban people and government recognize “President Obama for his determination to work for the lifting of the blockade, for urging Congress to eliminate it, and for his willingness to adopt executive measures that modify the implementation of some aspects of this policy. Their scope is still limited, but these are steps taken in the right direction.”

Cuba also “emphasized that, in the meantime, the President of the [U.S.] can continue using his executive powers to make a significant contribution to the dismantling of the blockade, not to pursue changes in Cuba, something that falls under our exclusive sovereignty, but to attend to the interests of U.S. citizens.”

Rodriguez also “emphasized that the total lifting of the blockade, the return of the illegally occupied territory of Guantanamo, as well as the full respect for the Cuban sovereignty and the compensation to our people for human and economic damages are crucial to be able to move towards the normalization of relations.”

“We both ratified our interest in normalizing bilateral relations, knowing that this will be a long and complex process, which will require the willingness of both countries. There are profound differences between Cuba and the [U.S.] with regard to our views about the exercise of human rights by all persons all over the world, and also issues related to international law, which will inevitably persist. But we strongly believe that we can both cooperate and coexist in a civilized way, based on the respect for these differences and the development of a constructive dialogue oriented to the wellbeing of our countries and peoples, and this continent, and the entire world.”

He also “expressed to the Secretary of State that he will be welcome in Cuba on the occasion of the ceremony to reopen the U.S. embassy in Havana [on August 14].”

Rodriguez then essentially repeated these comments in his native Spanish language. He also “reiterated our invitation to all U.S. citizens to exercise their right to travel to Cuba, as they do to the rest of the world, and to the companies of that country to take advantage on an equal footing of the opportunities offered by Cuba.”

Question and Answer Session

The press then asked the following questions, and the two officials provided these answers.

  1. QUESTION: The first question had the following three parts: (a) What was the U.S. position with respect to Rodriguez’ statement that only the lifting of the trade embargo and the return of Guantanamo Bay would lend meaning to today’s historic events and that Cuba did not want any U.S. interference in its domestic policies? (b) What changes in Cuban human rights would the U.S. be pursing? (c) What changes would Cuba be willing to make at the request of the U.S. before the lifting of the embargo and return of Guantanamo?

SECRETARY KERRY: “[T[here are things that Cuba would like to see happen; there are things the United States would like to see happen.” But that does not mean that these things will happen.

“With respect to the embargo, President Obama . . . has called on Congress to lift the embargo.” The Administration hopes “that the embargo at the appropriate time will in fact be lifted and that a great deal more foundation can be built for this relationship.”

At this time, there is no discussion and no intention on our part at this moment to alter the existing [Guantanamo Bay] lease treaty or other arrangements with respect to the naval station, but we understand that Cuba has strong feelings about it. I can’t tell you what the future will bring but for the moment that is not part of the discussion on our side.”

The U.S., on the other hand, has “expressed and we will always express – because it’s part of the United States foreign policy; it’s part of our DNA as a country – and that is our view of human rights and our thoughts about it. We have shared good thoughts on that. We’ve had good exchanges. And as you know, part of this arrangement that took place involved an exchange of people as well as the release of some people. And our hope is that as time goes on, we’ll continue to develop that.”

What we did talk about today was how to further the relationship most effectively, and perhaps through the creation of a bilateral committee that might work together to continue to put focus on these issues.”

FOREIGN MINISTER RODRIGUEZ: “In recent times, the U.S. Government has recognized that the blockade against Cuba is a wrong policy, causing isolation and bringing about humanitarian damages and privations or deprivations to our people, and has committed to engage Congress in a debate with the purpose of lifting the blockade. . . . [T]he President of the U.S. [also] has adopted some executive measures which are still limited in scope but which are oriented in the right direction.”

In exchanges with Secretary Kerry we “have not spoken about conditions but rather about the need to move on through the dialogue on the basis of sovereign equality and mutual respect and create a civilized behavior, despite the profound differences that exist between both governments, to better attend to the interests of our respective peoples.”

“[I]t is very important that today a [Cuban] embassy was reopened in Washington and that diplomatic instruments could be created ensuring full mutual recognition, which is a practical contribution to the development of bilateral dialogue. . . . [For] Cuba, the normalization of relations presupposes the solution of a series of pending problems, [including] “the ceasing of the blockade against Cuba, the return of the territory of Guantanamo, and the full respect for the sovereignty of our country.” We also confirmed “that there are conditions . . . [for expanding] the dialogue . . . with the purpose of expanding mutually beneficial cooperation between our . . . countries and, of course, taking into account the fact that the situation between the U.S. and Cuba is asymmetric because our . . . country has not implemented any discriminatory policy against American citizens or enterprises. Cuba does not implement any unilateral coercive economic measure against the U.S. Cuba does not occupy any piece of U.S. territory. Precisely through the dialogue, we are supposed to create the proper conditions to move on towards the normalization of relations.”

  1. QUESTION: This was a three-part question: (a) What are the advantages [for Cuba’s having an embassy in the U.S,] taking into consideration that the blockade is still in place? (b) What are the advantages for the U.S.’ having an embassy in Havana? (c) Will the U.S. in the future respect the Vienna Conventions on Diplomatic Relations?

FOREIGN MINISTER RODRIGUEZ: “The fact that diplomatic relations have been re-established and that embassies have been reopened in both capitals shows first and foremost the mutual willingness to move on towards the improvement of the relations between our both countries. Second, new instruments are [being] created to further deepen this dialogue. . . . Third, . . . the basis for the normal functioning of these diplomatic missions would be the purposes and principles enshrined in the U.N. Charter: the principles of international law and the regulations containing the Vienna Conventions on diplomatic and consular relations. Therefore, we have reached agreements in these areas, and I can say that Cuba would absolutely respect those provisions. Cuban diplomats will strictly abide by those rules, and we will create in Cuba every necessary condition for the normal functioning of the new U.S. Embassy in our country.”

SECRETARY KERRY: Part “of the negotiations leading up to the opening of the embassies was . . . coming to agreement with respect to all of the diplomatic functions. . . . [That led to an] “agreement which is in accord with the Vienna Conventions and meets both of our countries’ understandings of what is needed and what is appropriate at this moment in time. It could be subject to change later in the future, obviously, but for the moment we are satisfied and we are living within the structure of the Vienna Convention.”

  1. QUESTION: A three-part question: (a) In “your discussions today, did you establish any sort of road map for talks going forward? (b) If so, what are your priorities? (c) As a result, do you envision a political opening in Cuba on issues such as greater freedom of speech and assembly, and also the legalization of opposition parties?”

FOREIGN MINISER RODRIGUEZ: We will “welcome Secretary Kerry in the next few weeks in Havana to continue our talks, to establish the appropriate mechanisms to expand the dialogue in areas related to bilateral cooperation oriented to the common benefit, and to retake our talks about the substantial aspects of the bilateral relations I have mentioned before, which will determine this process towards the normalization of relations.”

The “political opening in Cuba happened in the year 1959. . . . We Cubans feel very happy with way in which we manage our internal affairs. We feel optimistic when it comes to the solution of our difficulties and we are very zealous of our sovereignty, so we will maintain in permanent consultations with our people to change everything that needs to be changed based on the sovereign and exclusive willingness of Cubans.”

  1. QUESTION: A four-part question: (a) Is “this new era of relations with Cuba [based on a] recognition that the U.S. policies of isolating countries in Latin America that differ from . . . [U.S.] political views don’t work?” (b) “Do the recent trips to Caracas of Mr. Thomas Shannon [of the U.S. State Department] . . . [constitute a] beginning of trying to rebuild the relationship with Venezuela?” (c) Is it possible [for Cuba] to have relations with the U.S. when the U.S. is giving every signal that it is not willing to lift the blockade or the embargo as it is called here and cannot withdraw from Guantanamo?” (d) Has the U.S. after failing to change Cuba from the outside “now implemented a creative way to try to change Cuba from the inside?”

FOREIGN MINISTER RODRIGUEZ: The “fact that diplomatic relations are being established and that we are reopening both embassies is a show of the mutual willingness to move on towards the normalization of bilateral relations.” [Last] December President Obama recognized that the U.S. policy against Cuba had been wrong, causing damages and hardships to the Cuban people, and causing isolation to the U.S.”

The “re-establishment of diplomatic relations and the opening of embassies are appreciated by my country as a signal of progress towards a civilized relationship, despite the differences, and it would lend some meaning only if the blockade is lifted, if we are able to solve the pending problems for more than one century, and if we are able create a new type of relationship between the U.S. and Cuba different from what has existed all along the history.”

Cuba feels “that [President Obama’s] recognition of the need to lift the blockade against Cuba, that during the talks that we have had, including this morning’s talks, we have perceived respect for Cuba’s independence to the full determination of our people, [that the two countries] have talked, on the basis of absolute equal sovereignty despite differences shows that the dialogue is fruitful and that the U.S. and Cuba, by a mandate of the American people and the Cuban people, are in the condition to move on towards a future of relations different from the one accumulated throughout our history, responding precisely to the best interests of our citizens.”

“There is an international order. International law is recognized as the civilized behavior to be adopted by states. There are universally accepted principles, and these have been the ones who have allowed us to reach this date and the ones that . . . will reorient our behavior in our relations in the future.”

SECRETARY KERRY: With respect to Cuba, “passions ran deep . . . to this day in the [U.S.]. There are many Cuban-Americans who have contributed in so many ways to life in our country, some of whom are still opposed to a change, some of whom believe it is time to change.”

“When I served in the [U.S.] Senate, there were many of us who believed over a period of time that our policy of isolating [Cuba] was simply not working; we were isolating ourselves in many ways. And we felt that after all those years it was time to try something else. President Obama is doing that now. And it is clear that we have chosen a new path, a different path. Already, people tell me who have visited Cuba that they feel a sense of excitement, a sense of possibility. And I am convinced that as we work through these issues we are going to find a better path forward that speaks to the needs of both peoples, both countries.”

With respect to Venezuela, Counselor of the State Department, Ambassador Tom Shannon has had several conversations with the Venezuelans. We had a very productive conversation prior to the Summit of the Americas in Panama. The [U.S.] has said many times we would like to have a normal relationship with Venezuela and have reached out in an effort to try to change the dialogue, change the dynamics. There are differences that we have with President Maduro and his government, and we raise those differences and we talk about them.”

“Just today, Foreign Minister Rodriguez and I talked specifically about Venezuela and our hopes that we can find a better way forward, because all of the region will benefit if no country is being made a scapegoat for problems within a country, and in fact, all countries are working on solving those problems.”

“We hope that our diplomatic relations with Cuba can encourage not only greater dialogue with Venezuela but perhaps even efforts to try to help Colombia to end its more than 50-years war and perhaps even other initiatives.”

“It’s clear that Cuba has significant progress to make in all of those areas.  What’s also clear is that the previous [U.S.] . . . [did not] really make much progress [on these issues].  The President believed that a change was necessary.  And we’re hopeful that in the coming years we’ll start to see the kind of respect for basic human rights on the island of Cuba that the U.S.] has long advocated.”

[Moreover, an] overwhelming percentage of the Cuban people are supportive and optimistic about this change in policy because of a chance that is has to improve their prospects on the island nation of Cuba.”

“So the President is looking forward to these kinds of changes taking effect [so] that the Cuban people and the Cuban government start to enjoy the benefits and see the results from greater engagement with the [U.S.]”

“In the days after this agreement was announced back in December, a substantial number of individuals who had previously been held by the Cuban government for their political views were released.  And that’s an indication that the Cuban government is trying to at least change their reputation when it comes to these issues.“

“But we have got a long list of concerns.” In addition, “for a long time the U.S. policy of trying to isolate Cuba became a source of irritation in the relationship between the [U.S.] and other countries in the Western Hemisphere.  And by removing that source of irritation, the [U.S.] can now focus attention of . . . other countries in the Western Hemisphere on the Cuban government’s rather sordid human rights record.”

“And again, that is part of the strategy for seeking to engage the Cuban people more effectively, and bring about the kind of change that we would like to see inside of Cuba.”

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[1] U.S. Dep’t of State, Press Availability with Cuban Foreign Minister Bruno Rodriguez (July 20, 2015). A video and audio recording of the press conference is available on C-Span.