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SOA [State of Affairs] – Cuba/Helms-Burton
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209205270
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SOA [State of Affairs] – Cuba/Helms-Burton
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Records of the Office of the Special Envoy for the Americas (Clinton Administration)
Thomas "Mack" McLarty's files
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FOIA Number: 2006-1363-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Special Envoy for the Americas
Series/Staff Member:
Mack McLarty
Subseries:
OA/ID Number:
11834
FolderID:
Folder Title:
SOA [State of Affairs] - Cuba/Helms-Burton
Stack:
Row:
Section:
Shelf:
Position:
S
66
3
8
3
PATIF
Cuba Briefer for Trip to Miami
Talking Points
The President is strongly committed to promoting a peaceful
transition to democracy in Cuba.
The Administration joined in bipartisan support of the
Libertad Act as an appropriately tough response to the
unlawful shootdown of the U.S. civilian aircraft, and has
moved to implement it thoroughly.
He allowed Title III to come into force, but suspended the
right to sue under Title III as leverage to obtain
multilateral support to promote democracy in Cuba.
The appointment of Stu Eizenstat underscores the
President's commitment to gaining international support for
democratization in Cuba. This is the first such effort by
a U.S. President during Castro's rule.
The Administration has consulted closely with the
Cuban-American community on Cuba policy. Stu Eizenstat
came to Miami to meet with a broad range of community
leaders just after he was appointed, and did so again
October 15-16.
Eizenstat has travelled over 25,000 miles to urge Canada,
our European allies and Latin friends to take concrete,
specific steps to promote democracy in Cuba.
At each stop he has heard tremendous opposition to the
Libertad Act. He has defended the Act and emphasized to
his interlocutors the need to move beyond those differences
to advance our shared goal of promoting democracy in Cuba.
The President will make his decision whether or not to
again suspend the right of action (decision must be made by
January 16) on the basis of whether the two criteria of the
law are met: that suspension would be in the national
interest and expedite a transition to democracy in Cuba.
(If law enforcement cooperation is raised:)
We have asked the Cubans to provide the evidence they have
in the two hijacking cases, and in the case of the drug
ship.
From time to time we have cooperated with the Cubans in
specific law enforcement cases.
o
We have no plans to broaden this into overall cooperation
on law enforcement matters.
(If Radio/TV Marti Issue is raised)
o
The comments by Mr. Burke in the "60 Minutes" segment do
not reflect Administration policy. The President fully
supports both Radio and TV Marti.
- 2 -
Background
Law Enforcement Issues
We have cooperated with the Cuban Government at a technical
level in several recent law enforcement actions: the
investigation of the case of the hijacking of an aircraft by
LTC Pupo, the hijacking of a small civilian aircraft by three
Cuban civilians, and the interception of a Honduran-registered
freighter with 2 tons of cocaine. The Cubans have approached
us regarding possible cooperation on prosecution in the U.S. of
two Cuban exiles caught in Cuban attempting to smuggle persons
to the U.S.; we do not plan a quick response to the Cubans on
this sensitive issue. (Chris Marquis of the Miami Herald
somehow is aware of the above.) Such case-by-case cooperation
has taken place a number of times over the years and is nothing
new. The coincidental conjunction of these cases has, however,
fueled some speculation that we are moving towards broader
overall cooperation on law enforcement matters. That is not
the case.
Compensation of Shootdown Victims' Families
The President has approved providing to the families of
each of the shootdown victims $300,000 in compensation from
blocked Cuban assets, and the families have been informed. The
families have requested that this not be touted publicly.
Radio/TV Marti
"60 Minutes" aired a segment in mid-October in which the
Chairman of the Foreign Broadcasting Board sharply criticized
both TV Marti's effectiveness and the wisdom of moving Radio
and TV Marti's broadcasting facilities to Miami. The move was
mandated by Congress and the Administration has said it will
comply with the will of Congress. Burke also said that Jorge
Mas Canosa, Chairman of both the Radio and TV Marti Board and
of the Cuban American National Foundation, exercised improper
influence over the management and content of the Marti's
broadcasts. Mas Canosa reacted angrily to the charges, calling
them "racist," and is seeking official clarification from the
White House. USIA director Joseph Duffy put out a press
release making clear that Burke was not speaking for the
Administration.
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UNITED NATIONS, Nov. 12 (AP)
- Citing a hotly disputed American
trade law, the General Assembly
overwhelmingly approved a resolu-
tion today urging the United States to
end its decades-old embargo against
Cuba.
The vote, 138 to 3 with 24 absten-
tions, was the widest majority yet for
such a resolution, which has now
passed in the 185-member Assembly
for five straight years. Only the Unit-
ed States, Israel and Uzbekistan vot-
nity from prosecution, Mr. Norton's
Kona Kai Farms was doing a brisk
business filling sacks marked Kona
coffee from Hawaii" - a product
that sells for as much $9.75 a pound
wholesale - with inferior-grade
Panamanian beans that typically
sell for $1.80 a pound.
Although several coffee retailers
like Starbucks insisted that they
bought only minuscule amounts of
Kona beans from Mr. Norton, a sec-
ond informer estimated in an affida-
vit that 99 percent of the company's
sales were of ersatz Kona coffee, and
that profits from the scheme exceed-
ed no, and for the first time all 15
European Union countries voted
ed $20 million.
A senior official of the Hawaii De-
partment of Agriculture, Walter T.
Mitsul, said that even with last
year's bumper crop, the state's cof-
fee farmers sold only $11.5 million
worth of beans, more than 90 percent
of them from the Kona region on the
west side of the Island of Hawaii.
against the United States.
Last year, the General Assembly
approved an anti-embargo resolution
by 117 votes to 3, with 38 abstentions.
The resolution, which is nonbind-
ing, reflects the widespread interna-
tional opposition to United States pol-
icy toward Cuba, and in particular
toward the new Helms-Burton Act.
The Helms-Burton Act, signed by
President Clinton earlier this year,
allows Americans to sue foreign
companies using property in Cuba
confiscated from Americans after
the Cuban revolution of 1959. The
U.S. Accuses Coffee Supplier of Selling Fraudulently Marked Beans
quarters in Berkeley. "Sp much of
this business operates on trust. I
think I would be able to tell the
difference, but I'm not sure."
Seen-it-all agents of the United
States Customs Service could only
shake their heads.
If the display of environmentally
correct burlap coffee sacks and dain-
ty retail coffee bags looked a little
odd on the sort of table that Federal
prosecutors normally use to show off
bricks of confiscated cocaine and
caches of seized automatic weapons,
all those involved seemed to be doing
their best to keep a straight face.
According to an affidavit filed in
the case, one of the four friends or
former employees of Mr. Norton who
assisted the Customs Service in its
Investigation said he met Mr. Norton
in the mid-1980's.
A few years later, the Informer
went back into business with Mr.
Norton selling coffee. By then, said
the source, who was granted immu-
measure has been widely opposed by
America's trading partners in both
Europe and the Western Hemi-
sphere. It was passed after Cuban
jets shot down two planes operated
by a Miami-based Cuban exile group,
killing four people.
Canada also voted against the
United States today. Japan abstained
but spoke against the Helms-Burton
Act.
The resolution called on all coun-
tries to refrain from enacting laws
that unilaterally apply "economic
and trade measures by one state
against another which affect the free
law enforcement agents secretly
taped. "All right, so it's true we
created a nonexistent demand and
filled it with a nonexistent product."
Mr. Norton, 48, was indicted last
Wednesday by a Federal grand jury
In Oakland on money laundering and
wire fraud charges. He was freed on
bond after surrendering a Swiss
bank account worth about $1.1 mil-
lion, and has denied any wrongdoing.
His lawyer, Christopher Cannon,
described the rebagging of millions
of tons of less expensive Panamani-
an and Costa Rican coffee by Mr.
Norton's company, Kona Kai Farms,
as legitimate business. "Kona," Mr.
Cannon said in an interview, desig-
nates a type of coffee rather than its
flow of international traffic."
place of origin.
Purists, however, pronounced
themselves appalled.
"I was totally shocked," said Jim
Reynolds, the chief coffee buyer for
Peet's Coffee and Tea, a chain of
high-end coffee houses with head-
It specifically cited the Helms-
Burton Act, saying it "affects the
sovereignty of other states, the legiti-
mate interests of entities or persons
under their jurisdiction and the free-
dom of trade and navigation."
Defending the embargo, a United
States delegate, Victor Marrero, said
it provided "important leverage to
promote peaceful change in Cuba."
He urged the Assembly to forgo the
resolution.
Vice President Carlos. Lage of
By TIM GOLDEN
Cuba spoke directly against the
Helms-Burton Act, saying it "vio-
SAN FRANCISCO, Nov. 12 - To
that subspecies of coffee snob for
whom the extravagantly priced Ha-
wallan Kona bean is the liquid equiv-
alent of bliss, Federal agents issued
a warning today: The brew you've
been sipping may not be quite what
you think it is. It might even be
(gasp!) from Central America.
After an undercover operation in-
volving secret informers, telephone
wiretaps and surreptitious video-
tapes, Federal officials here an-
nounced that they had Indicted a
well-established Berkeley, Calif., cof-
fee supplier, accusing him of selling
millions of pounds of fraudulently
marked beans to retailers like the
Starbucks Coffee Company, Hills
Brothers and S.& W. Fine Foods.
"They got what they bought -
coffee," the chief suspect, Michael
Norton, told a former colleague in a
recent telephone conversation that
lates international law and the Unit-
ed Nations Charter."
The United States imposed the em-
bargo in 1962 and has repeatedly
defended it as a way of pressuring
Fidel Castro, Cuba's leader, to move
toward democracy.
The New York Times
WEDNESDAY, NOVEMBER 13, 1996
H 1 Band 15thin Eigenstat
Talking Points on the Libertad Act Joselh- decision
On July 16, the President decided to allow Title Illof the Libertad Act to go into effect,
but to suspend the right to sue for six months. He did so in order to allow time to forge a
new, more multinational approach toward bringing democracy to Cuba.
The President appointed Stu Eizenstat, an experienced diplomat, to serve as the Special
Representative to the President and Secretary of State for the promotion of democracy in
Cuba.
The President hopes that you'll find time to meet with Ambassador Eizenstat, either here
in Washington or in New York during the UNGA. Stu will be in New York on
September 25 from 4 p.m. to 9 p.m. and is eager to meet with you.
He has traveled thus far to Mexico, Canada, and a number of European countries to meet
with government, business, and non-governmental organization officials.
He explained that the Libertad Act is a narrow, carefully targeted piece of legislation.
There is a lot of misunderstanding about the Act. It does not ban all trade with or
investment in Cuba. It does not prohibit all foreign investment in Cuba but creates
sanctions only against those who benefit from confiscated U.S. properties in Cuba. It
does not revoke the visas of all foreign company officers who invest in Cuba.
Ambassador Eizenstat also suggested a range of concrete and specific measures U.S.
allies could take to more actively promote a transition to democracy on the island. For
Busi
example, embassies in Havana could disseminate publicly available news articles and
publications; designate a person in the Embassy as a human rights officer; and urge the
Cuban government to legally recognize independent NGO's, among other things.
Brazil is a leader in this hemisphere -- you have a strong influence over both the Rio
Group and the GRULAC at the UN. I know Brazil has traditionally viewed the Cuba
issue as a bilateral problems between the U.S. and Cuba, but I hope you will give careful
consideration to steps Stu Eizenstat will suggest.
[Background: Ideally, we would like to get a letter from the Government of Brazil to the
President or Secretary of State expressing appreciation of our move from a unilateral to a
multilateral approach toward Cuba, but the State Department believes a helpful letter from the
Brazilians would be unlikely. Your expression of the President's direct interest in Amb.
Eizenstat's mission would be very productive.]
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Scientists say all the ingredients for life, including water and
administration, however. In the hands of the United States,
oxygen, exist on Mars, even though the planet's surface is
such an exemption used only six times in the last 50 years
barren. They are eager to find out if liquid water is hidden in
could "rip a big hole in the GATT," by appearing to give carte
thick layers of icy rock, as it is in similar formations in the
blanche to other nations to invoke it when facing an adverse
polar regions on Earth.
ruling, Hufbauer said.
"We should not foreclose the idea that life still might exist
The trouble underlying both scenarios is that the United
in sheltered places on Mars," said Huntress.
States has already benefited more from the WTO than any
Second, to learn why the Martian climate, once warm and
other of its 124 members, U.S. officials say.
wet, is now dry and cold. Understanding what sent Mars into a
Since last year, the administration has filed 20 WTO claims,
deep freeze could help explain the risks facing Earth's climate.
one-third of all those filed. Officials claim victory in five
Third, to study whether the geology and resources of Mars
settlements involving everything from exports of whisky to
could support future human exploration. Space enthusiasts
sound recordings to grain and only one adverse judgment,
hope a manned expedition could be undertaken by 2020, but
involving gasoline imports.
the Clinton administration has not committed itself to such a
The United States is getting ``substantial results for our
costly venture.
industries by opening up markets around the world," said Jay
"The first step is to first understand what it is that Mars
Ziegler, a spokesman for the U.S. trade representative.
has," Huntress said. "Where is the water and what are other
European diplomats say they have no interest either in
resources that might exist on this planet?"
seeing the WTO founder.
NASA plans to make its Martian data, including pictures
But public outrage at Helms-Burton remains strong in
and daily weather maps, available to the public on the Internet.
Europe, where it is widely seen as an effort by the United
It has created several home pages on the Internet offering
States to dictate world foreign policy and where opposition is
information and pictures of the Mars missions:
firm to the U.S. embargo against Cuba.
Last month, the European Union approved blocking
measures against the U.S. law, giving governments a green
U.S. defense of Helms-Burton before World
light to legally forbid their companies from responding to U.S.
Trade Organization carries risks y Christopher
lawsuits on Cuba or to penalize American companies in
Marquis Knight-Ridder Newspapers (KRT)
Europe if they make use of Helms-Burton.
European diplomats say privately they are building a
WASHINGTON A battle between the United States and
bulwark against Helms-Burton because of even more troubling
Europe, involving an American law that punishes certain
legislation that could affect them next. Using Helms-Burton as
foreign businesses trading with Cuba, could become a crucial
a model, Congress enacted a law targeting terrorist nations by
test of the World Trade Organization.
barring foreign companies that sign large contracts in Iran and
The Geneva-based WTO, the new arbiter of fair play in
Libya from the U.S. market.
international commerce, accepted its first case just last year
European investment is Cuba's economy is negligible, but
and has already become Washington's cherished venue for
the potential for profits in the oil-rich outlaw states is
prying open markets and protecting its patents worldwide.
immense.
But the U.S. is claiming that the WTO doesn't have
jurisdiction over the new law called the Helms-Burton Act
claiming it's a foreign policy matter. And Washington says it's
prepared to seek an exemption by arguing that its
Clinton says he'll consider Republicans,
national-security interests require Helms-Burton.
independents as new Cabinet members By Kathy
European trading partners say a decision along those lines
Lewis The Dallas Morning News (KRT)
could significantly undermine the organization in its infancy
WASHINGTON President Clinton on Thursday formally
and set a disturbing precedent.
accepted the resignation of Secretary of State Warren
A hearing begins Nov. 20 on European claims against the
Christopher and continued the work of reshaping his Cabinet
law.
and his White House staff.
This will be the shot heard 'round the world," said trade
Clinton indicated his search for replacements would include
expert Gary Hufbauer, a senior fellow at the Institute for
Republicans and independents.
International Economics.
The president said voters ``want us to create a vital center,
The Clinton administration, convinced of its moral ground
that is, not one that just splits the difference but one that
not to mention its political commitment to Cuban exiles is
moves the country forward in an aggressive way, Republicans
determined to defend Helms-Burton with ``every defense at our
and Democrats and independents alike."
disposal," said Stuart Eizenstat, the Commerce Department
He also announced he would hold a news conference Friday
undersecretary who is Clinton's point man on the law.
afternoon, but officials said it was unclear whether he would
Eizenstat warned the conflict could take the WTO into
be ready to name a replacement for White House Chief of
`dangerous waters" and said Washington is prepared, if
Staff Leon Panetta, who has said he wants to return to
necessary, to take the highly unusual step of seeking a
California.
national-security exemption.
In a White House ceremony Thursday, Clinton praised his
The Helms-Burton law was hastily signed by Clinton in the
retiring secretary of state.
wake of Cuba's downing of two U.S. civilian planes over
"He has left the mark of his hand on history not in some
international waters in February. It codifies the U.S. economic
theoretical, intangible fashion, but in concrete ways that have
embargo into law; denies visas to foreigners who use Cuban
made a real difference in the lives of the American people and
property that is claimed by Americans; and opens the way for
people around the world."
lawsuits in U.S. courts against foreign investors in Cuba.
The president said Christopher would remain until a
Official positions and public opinion are so entrenched on
successor was chosen.
both sides of the issue, few can imagine a scenario that leaves
So far, Christopher is the only Cabinet member to formally
the WTO unharmed. Among them:
announce his resignation, but White House officials and
The United States argues the case on its legal merits and
Democrats close to the administration have said Defense
loses. Most agree that central provisions of Helms-Burton
Secretary William Perry, Transportation Secretary Federico
named for its Republican authors, North Carolina Sen. Jesse
Pena, Energy Secretary Hazel O'Leary, Housing and Urban
Helms and Indiana Rep. Dan Burton conflict with the General
Development Secretary Henry Cisneros and Commerce
Agreement on Tariffs and Trade (GATT), the WTO's rulebook.
Secretary Mickey Kantor plan to leave.
If the United States loses, U.S. critics of the trade group are
Pena has advised his senior staff that he intends to resign
likely to renew calls for Washington to withdraw. Among the
and devote more time to his family, the Associated Press
critics: Helms, who chairs the Senate Foreign Relations
reported.
Committee.
Attorney General Janet Reno refused to comment Thursday
The United States wins by invoking a national security
on her future, although Justice Department and White House
exemption. The WTO would probably uphold a U.S. claim that
aides said they expected her to remain for the foreseeable
its `essential security interests" involving the tiny island nation
future.
justified the law. That route would not be cost-free for the
"That decision is up to the president, and he's in the process
of forming his administration for the next four years," said
"Religious conservatives are a part of our coalition and an
Reno.
important part of our coalition," Barbour said. He said their
"And I think any comment should be made by him."
support and work was ``substantial" but added, "I can't think
Reno said she had asked to be kept on.
of any area of the country where they make up a majority of
"As I've said all along, if the president wanted me to stay, I
Republicans or anywhere close to it."
would be honored to do so."
The chairman said the party's ``strongest element of
White House aides have criticized Reno for what they
leadership" rests with its 32 "very pragmatic" governors who
describe as an overeagerness to request independent counsel
are best known for putting tax cuts, welfare and other
investigations and a reluctance to defend Clinton against ethics
programs to work.
charges that the president considers politically motivated.
On tactics, House Speaker Newt Gingrich of Georgia vowed
But these aides added that, as a practical matter, it would be
to tone down the partisan confrontation of the last two years.
very difficult for Clinton to "fire" Reno, given her popularity
Basking in the first elected back-to-back GOP congressional
and reputation for integrity.
majorities in 66 years, he pledged to seek ``common ground"
Several Republican names have surfaced as possible
with the White House where objectives overlap.
candidates for various posts. They include Sen. Richard Lugar,
Sen. Don Nickles, R-Okla., said the clear message from
R-Ind., who has considerable foreign-policy experience, and
voters was for "Congress to do its job. They want us to be
retiring Sen. William Cohen, R-Maine, who serves on the
responsible."
Armed Services and Intelligence committees.
But conservative fund-raiser Paul Weyrich and others at a
Some news accounts also have mentioned former chairman
American Conservative Union news conference Wednesday
of the Joint Chiefs of Staff Colin Powell, but one
rejected that reading. "I do not see it as a mandate for
administration official said the former general's active
bipartisanship," Weyrich said. "There is just no indication of
campaigning for the GOP ticket might eliminate him.
that."
The official, who requested anonymity, also said former
Voters are tired of partisan "sniping," not the give-and-take
New Jersey Gov. Tom Kean could be a candidate for
over legitimate ideological differences, he said.
education secretary if Richard Riley decided he wanted to
Weyrich and Reed cited congressional gains for conservative
leave or preferred a new assignment.
Republicans.
Two candidates have emerged as possible successors to
Republicans expanded their Senate majority, and in virtually
Pena: Rodney Slater, administrator of the Federal Highway
every case GOP replacements were more conservative. In the
Administration and an Arkansan, and Bill Daley, a Chicago
House, where Democrats posted overall gains, only 13 of 70
native who helped Clinton win passage of the North American
hard-driving GOP freshmen seeking re-election were defeated.
Free Trade Agreement.
People for the American Way, a liberal interest group that
Former deputy chief of staff Erskine Bowles is reportedly
monitors the religious right, noted the Senate gains but said
the leading candidate to replace Panetta, but White House
that ``half of the House Republican incumbents who lost were
press secretary Mike McCurry said more than one candidate
on the Christian Coalition's A-list."
was being considered.
Republicans toasted progress in the South and the
Clinton tentatively plans to postpone departure for a Hawaii
Southwest, two fast-growing regions. But some worried about
vacation until late next week so he can work on personnel
slippage elsewhere.
issues.
"Does that mean that you don't have to compete in my part
of the country, the Midwest? Or the Northeast?" former Rep.
Vin Weber of Minnesota said on PBS Election night. "No, it
GOP leaders reflect on party's strengths,
certainly doesn't."
weaknesses By Susan Feeney
Republicans including Barbour, Gingrich and House
Dallas Morning News (KRT)
Majority Leader Dick Armey of Irving, R-Texas, huffed that
WASHINGTON For Republicans, Tuesday's election
Clinton recaptured the White House based on GOP themes
such as smaller government, welfare reform, a balanced
brought welcome and unwelcome historical markers renewed
budget, personal responsibility and an end to liberalism.
hold on Congress but a second straight White House defeat as
``It was a victory for Reagan ideas," Barbour said, making a
it sparked new soul-searching about the party's strengths,
failures and future.
point that Democrats dispute. The president ``campaigned as a
moderate Republican because that's where most of the
With limited consensus about the election's underpinnings,
country is."
leading Republicans likewise disagreed what adjustments to
make. Congressional Republicans, long-term GOP activists,
Weyrich blamed Dole and his campaign.
"In a sense, Bill Clinton did a better job of selling the
social moderates and party pragmatists all offered
conservative agenda than Bob Dole did," he said.
prescriptions.
Republicans were encouraged on three other fronts.
There was agreement, however, over the seriousness of a
gender gap in which women overwhelmingly favored President
Term limits were approved in a number of places. And in
California, voters adopted Proposition 209, the California Civil
Clinton over Bob Dole by 22 percentage points.
Rights Initiative, which would end affirmative action based on
And even as party leaders beamed about the prominence of
the GOP issues such as smaller government, a balanced budget
race or gender in state government programs and public
education.
and lower taxes, they complained that the issues worked to
And party leaders said there are now more votes in the
benefit the president.
Senate for a balanced-budget amendment to the Constitution,
"As a party, anytime you lose an election, it's your duty it's
which had failed by one vote.
incumbent on everybody to try to learn the lessons of that
Don Sipple, Dole's former media consultant, said that with
election," said GOP Chairman Haley Barbour. "It's very
the end of the Cold War and a blurring of ideological
important to look seriously and learn the lessons."
distinctions between the parties, Republicans ``must come up
But the chairman, whose term ends in January, declined to
with a new, fresh message."
publicly sift through the GOP's lopsided White House loss.
Part of the challenge is to erase the image of a GOP ``so
The `finger-pointing and recriminations" four years ago
focused on legislation and numbers that it doesn't relate
were `counterproductive and a very bad mistake," Barbour
enough to people's lives," he said.
said. He planned to examine exit polling and other data before
If the Republican-controlled Congress did this, the gender
offering "a total full-metal-jacket layout there."
Others were not so hesitant.
gap could be trimmed as well, Sipple said.
On themes, Christian Coalition executive director Ralph
GOP poll taker Frank Luntz calls this, "Albert Einstein
beats Dr. Kevorkian."
Reed blamed Dole's loss on an abandonment of social
He said Clinton's "`EEMM" campaign emphasis on
conservative issues such as abortion and school prayer. He
urged a return to those matters.
education, environment, Medicare and Medicaid wins every
"We have arrived as a permanent political fixture," Reed
time over Republicans who are seen as wanting to "Kill
said. He said grass-roots efforts by religious conservatives
Barney" through an end to federal funding of public television.
helped turn back the high-spending labor unions effort to
Voters are far less angry with government and Republicans
defeat Republicans.
must adjust, Luntz said.
as
Butes
H
paid
U.N. Renews
stal
Call for End
To Cuba Ban
UNITED NATIONS, Nov. 12 (AP)
- Citing a hotly disputed American
trade law, the General Assembly
overwhelmingly approved a resolu-
tion today urging the United States to
end its decades-old embargo against
Cuba.
The vote, 138 to 3 with 24 absten-
tions, was the widest majority yet for
such a resolution, which has now
passed in the 185-member Assembly
for five straight years. Only the Unit-
ed States, Israel and Uzbekistan vot-
ed no, and for the first time all 15
nity from prosecution, Mr. Norton's
Kona Kai Farms was doing a brisk
business filling sacks marked "Kona
coffee from Hawaii" - a product
that sells for as much $9.75 a pound
wholesale - with inferior-grade
Panamanian beans that typically
European Union countries voted
sell for $1.80 a pound.
Although several coffee retailers
like Starbucks insisted that they
bought only minuscule amounts of
Kona beans from Mr. Norton, a sec-
ond informer estimated in an affida-
vit that 99 percent of the company's
sales were of ersatz Kona coffee, and
that profits from the scheme exceed-
ed $20 million.
A senior official of the Hawaii De-
partment of Agriculture, Walter T.
Mitsul, said that even with last
year's bumper crop, the state's cof-
fee farmers sold only $11.5 million
worth of beans, more than 90 percent
of them from the Kona region on the
west side of the Island of Hawaii.
against the United States.
Last year, the General Assembly
approved an anti-embargo resolution
by 117 votes with 38 abstentions.
The resolution, which is nonbind-
ing, reflects the widespread interna-
tional opposition to United States pol-
icy toward Cuba, and in particular
toward the new Helms-Burton Act.
The Helms-Burton Act, signed by
President Clinton earlier this year,
allows Americans to sue foreign
companies using property in Cuba
confiscated from Americans after
quarters in Berkeley. "Sp much of
this business operates on trust. I
think I would be able to tell the
difference, but I'm not sure."
Seen-it-all agents of the United
States Customs Service could only
shake their heads.
If the display of environmentally
the Cuban revolution of 1959. The
correct burlap coffee sacks and dain-
ty retail coffee bags looked a little
odd on the sort of table that Federal
prosecutors normally use to show off
bricks of confiscated cocaine and
caches of seized automatic weapons,
all those involved seemed to be doing
their best to keep a straight face.
According to an affidavit filed in
the case, one of the four friends or
former employees of Mr. Norton who
assisted the Customs Service in its
Investigation said he met Mr. Norton
measure has been widely opposed by
in the mid-1980's.
A few years later, the informer
went back into business with Mr.
Norton selling coffee. By then, said
the source, who was granted immu-
America's trading partners in both
Europe and the Western Hemi-
sphere. It was passed after Cuban
jets shot down two planes operated
by a Miami-based Cuban exile group,
killing four people.
Canada also voted against the
United States today. Japan abstained
but spoke against the Helms-Burton
Act.
The resolution called on all coun-
tries to refrain from enacting laws
that unilaterally apply "economic
and trade measures by one state
against another which affect the free
U.S. Accuses Supplier Selling Fraudulently Marked Beans
law enforcement agents secretly
taped. "All right, so it's true we
created a nonexistent demand and
filled it with a nonexistent product."
Mr. Norton, 48, was indicted last
Wednesday by a Federal grand Jury
in Oakland on money laundering and
wire fraud charges. He was freed on
bond after surrendering a Swiss
bank account worth about $1.1 mil-
lion, and has denied any wrongdoing.
His lawyer, Christopher Cannon,
described the rebagging of millions
of tons of less expensive Panamani-
an and Costa Rican coffee by Mr.
Norton's company, Kona Kai Farms,
as legitimate business. "Kona," Mr.
Cannon said in an Interview, desig-
nates a type of coffee rather than its
flow of international traffic."
place of origin.
Purists, however, pronounced
themselves appalled.
"I was totally shocked," said Jim
Reynolds, the chief coffee buyer for
Peet's Coffee and Tea, a chain of
high-end coffee houses with head-
It specifically cited the Helms-
Burton Act, saying it "affects the
sovereignty of other states, the legiti-
mate interests of entities or persons
under their jurisdiction and the free-
dom of trade and navigation."
Defending the embargo, a United
States delegate, Victor Marrero, said
it provided "important leverage to
promote peaceful change in Cuba."
He urged the Assembly to forgo the
resolution.
Vice President Carlos. Lage of
By TIM GOLDEN
Cuba spoke directly against the
Helms-Burton Act, saying it "vio-
SAN FRANCISCO, Nov. 12 - To
that subspecies of coffee snob for
whom the extravagantly priced Ha-
wailan Kona bean is the liquid equiv-
alent of bliss, Federal agents issued
a warning today: The brew you've
been sipping may not be quite what
you think it is. It might even be
(gasp!) from Central America.
After an undercover operation in-
volving secret informers, telephone
wiretaps and surreptitious video-
tapes, Federal officials here an-
nounced that they had indicted a
well-established Berkeley, Calif., cof-
fee supplier, accusing him of selling
millions of pounds of fraudulently
marked beans to retailers like the
Starbucks Coffee Company, Hills
Brothers and S.& W. Fine Foods.
"They got what they bought -
coffee," the chief suspect, Michael
Norton, told a former colleague in a
recent telephone conversation that
lates international law and the Unit-
ed Nations Charter."
The United States imposed the em-
bargo in 1962 and has repeatedly
defended it as a way of pressuring
Fidel Castro, Cuba's leader, to move
toward democracy.
The New York Times
WEDNESDAY, NOVEMBER 13, 1996
Cubo Helms /Burton
2836
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20504
April 26, 1996
ACTION
MEMORANDUM FOR ANTHONY LAKE
THROUGH:
ERIC SCHWARTZ/JIM 45 for DOBBINS
FROM:
ROB MALLEY Rm
SUBJECT:
Cuba-Related Issues for President's April 29 Visit
to Miami
Attached at Tab I is a memorandum to the President on a number of
Cuba-related issues that might arise during his April 29 visit to
Miami. Corresponding talking points are attached at Tab A.
RECOMMENDATION
That you sign the attached memorandum to the President.
Attachments
Tab I Memorandum to the President
Tab A Talking Points
2836
THE WHITE HOUSE
WASHINGTON
INFORMATION
MEMORANDUM FOR THE PRESIDENT
FROM:
ANTHONY LAKE
SUBJECT:
Cuba-Related Issues for April 29 Visit to Miami
This memorandum provides background on a variety of Cuba-related
matters that might come up during your April 29 trip to Miami.
Talking points are attached at Tab A.
I. Migration Issues
United States policy since May 2, 1995 balances the need to
discourage Cubans from attempting to reach the U.S. unlawfully
and at great risk to their lives against our reluctance to return
Cubans to a country that violates human rights. To address both
concerns, we have returned (and closely monitor their treatment
in Cuba) Cubans interdicted at sea and Cubans entering
Guantanamo, with two exceptions: (1) Cubans who would face
persecution in Cuba; (2) Cubans who would face imprisonment for
prior violation of Cuba's "illegal exit" law. We do not
recognize the legitimacy of this law, and therefore absent firm
Cuban assurances that they would not imprison returnees with
pending charges or sentences, a number of migrants have been kept
at Guantanamo for several months.
We recently received assurances in writing from the Cubans that
they would drop pending charges against 18 named individuals who
were at Guantanamo. As a result, they were returned to Cuba.
This decision has been strongly criticized by some members of the
Cuban-American community and by some members of Congress,
including Representative Toricelli.
II. Human Rights
Over the past several months, Cuba has cracked down on human
rights activists, in particular members of the Concilio Cubano.
The Concilio is a broad coalition of pro-human rights, pro-
democracy activists. Last week, the United Nations Human Rights
Commission (UNHRC) approved by a wide margin a U.S.-sponsored
resolution criticizing Cuba's human rights record.
CC: Vice President
Chief of Staff
2
III. Cuban-American Flotilla
On May 1, the Cuban government is planning a massive Labor Day
rally. In response, some Cuban-Americans are planning to set out
in vessels and possibly aircraft just outside Cuban territory.
This could lead to a tense situation at the 12-mile line. Coast
Guard assets will be on hand to assist any flotilla member in
need and to inform participants when they are approaching Cuban
waters. Similar events have taken place over the past two
months, principally to honor the victims of the shootdown; this
has resulted in increased U.S.-Cuba tension. Cuban government
officials have suggested that they will shoot down aircraft
illegally entering their airspace.
IV. Compensation to Families of Victims of Shootdown
In response to the Cuban shootdown, you announced that
compensation would be provided to the families of the victims.
Senator Graham has raised this issue and suggested you meet with
family members in Miami. The Departments of Treasury and the
Justice Department are taking final steps to enable compensation.
V. Helms-Burton
Some members of Congress and of the Cuban-American community are
waiting for signals that we will vigorously implement the more
controversial provisions of the Helms-Burton bill -- Title III,
which would subject to suit any entity that "traffics" in
property expropriated by Cuba; and Title IV, that would deny
entry into the U.S. to such "traffickers." We have briefed the
Congress on our intentions regarding implementation of these
provisions and have SO far fairly positive reactions. Both
titles have been strongly criticized by other governments, some
of which has asked that you use your authority to suspend
Title III.
VI. Relocation of Radio-Marti
The Continuing Resolution mandates the relocation of Radio and TV
Marti from Washington, D.C. to south Florida. The Administration
quietly opposed the move, which has been urged by Jorge Mas and
his supporters; others in the Cuban-American community fear it
will undermine the credibility of the Martis. The provision is
somewhat ambiguous as to the timing and extent of the relocation.
We will soon consult with Congress and other interested parties
concerning its implementation.
Attachment
Tab A Talking Points
Talking Points
I.
Migration Issues
U.S. policy is to discourage illegal, unsafe migration from
Cuba while encouraging legal migration.
Policy extremely successful in (1) preserving integrity of our
borders; (2) saving lives that would have been lost at sea;
(3) providing protection for genuine refugees; (4) aggressively
monitoring treatment of returnees; and (5) facilitating safe,
legal and orderly immigration of some 20,000 Cubans per year.
Recent return of Cubans from Guantanamo consistent with
policy. They were returned only once we received assurances
in writing and by individual name that all charges and
sentences for prior illegal exit would be dropped
We will closely monitor their treatment and take action if
Cubans fail to honor their commitments.
II. Human Rights
Like downing of U.S. aircraft, Cuban harsh crackdown
demonstrates lack of respect for human rights and regime's
fear of free expression.
Human rights activists in Cuba are courageous heroes fighting
to help promote peaceful change.
Vote at UNHRC to condemn Cuba demonstrates the Cuban regime's
growing isolation in the world community.
III. Cuban-American Flotilla
Respect for Americans, and particularly Cuban-Americans, who
honor the memory of the victims of shootdown or peacefully
reach out to victims of repression in Cuba.
USG message since Cuba's lawless act has been consistent: to
Cuba, we will not tolerate further loss of lives Americans; to
those who would seek to violate Cuban waters or airspace, we
will vigorously enforce U.S. laws and regulations.
2
IV. Compensation to Families of Victims of Shootdown
Victims of Cuba's lawless act must inspire us to redouble
efforts to help Cuban people build democratic society.
Families of victims deserve justice.
As I stated on February 26, the USG will use Cuba's blocked
accounts to do what it can to bring a measure of justice to
the families of the victims.
V.
Helms-Burton
Worked with the Congress to ensure passage of a strong,
bipartisan bill that tightens the economic embargo in a way
that will promote peaceful change in Cuba.
U.S. policy combines tough economic embargo against Cuban
regime with effort to reach out to the Cuban people.
Administration is taking steps to vigorously implement the
bill.
[If asked about suspension of Title III]
Consistent with the legislation, decision on suspension will
be made based on whether it would be in the national interest
and would expedite a transition to democracy in Cuba.
VI. Relocation of Radio and TV Marti
Radio Marti plays central role in providing Cubans access to
information.
All-the-more important given current situation in Cuba.
We will work to ensure that relocation does not disrupt this
unique source of objective information at this critical time.
MAR-12-96 14:01
FROM:
TO:CCA
PAGE: 02
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
March 12, 1996
REMARKS BY THE PRESIDENT
AT SIGNING OF THE HELMS-BURTON BILL
Washington, D. C.
10:37 A.M. EST
THE PRESIDENT: Thank you very much. Welcome to the White
House Senator Helms, Senator Gramm, Senator Mack, Senator
Lautenberg, Senator Coverdell, Congressman Menendez, Congressman
Torricelli, Congressman Diaz-Balart, Congresswoman Ileana
Ros-Lehtinen, Congressman Deutsch, Congressman Burton,
Congressman Kennedy -- I hope I haven't missed any members of
Congress who are here -- to the family members of those who were
tragically shot down, Ambassador Albright, Assistant Secretary
Watson, and my fellow Americans.
We are here today around a common commitment to bring
democracy to Cuba. Two and a half weeks ago, the world received
a harsh reminder of why a democratic Cuba is so important, not
only to us but to the people of Cuba. In broad daylight and
without justification, Cuban military jets shot down two unarmed
United States civilian aircraft causing the deaths of three
American citizens and one U.S. resident. The planes were
unarmed, the pilots unwarned. They posed no threat to Cuba's
security.
This was clearly a brutal and cruel act. It demanded a
firm, immediate response. On my instructions, Ambassador
Albright convened the United Nations Security Council which
unanimously deplored Cuba's actions. Dozens of countries around
the world expressed their revulsion. Cuba's blatant disregard
for international law is not just an issue between Havana and
Washington but between Havana and the world.
I ordered, also, a number of unilateral actions. One of
those steps was to have my representatives work closely with
Congress to reach prompt agreement on the Cuban Liberty and
Democracy Solidarity Act. Within two days, and with the extra
efforts of our friend, Congressman Menendez, Democrats and
Republicans came together and produced a better bill. It will
MAR- 12-96 14:01
FROM:
TO:CCA
PAGE 03
2
strengthen the embargo in a way that advances the cause of
freedom in Cuba.
Today I sign it with a certainty that it will send a
powerful, unified message from the United States to Havana, that
the yearning of the Cuban people for freedom must not be denied.
This bill continues our bipartisan effort to pursue an activist
Cuba policy, an effort that began some four years ago with the
Cuban Democracy Act.
Under the provisions of that legislation, our
Administration has encouraged Cuba's peaceful transition to
democracy. We have promoted the free flow of ideas to Cuba
through greater support for Cuba's brave human rights activists,
a dramatic increase in non-governmental humanitarian aide to the
Cuban people, long-distance telephone service. And the more the
Cuban people are free to express the freedoms and rights their
neighbors enjoy the more they will insist on change.
We have also kept the pressure on Cuba by maintaining a
tough embargo policy. The legislation I sign today further
tightens that embargo. It sends a strong message to the Cuban
government. We will not tolerate attacks on United States
citizens and we will stand with those both inside and outside
Cuba who are working for a peaceful transition to freedom and
democracy.
Finally, let me say as I sign this bill into law, I do so
in the name of the four men who were killed when their planes
were shot down on February the 24th: Armando Alejandre, Carlos
Cofta, Mario De La Pena and Pablo Morales. In their memory, I
will continue to do everything I can to help the tide of
democracy that has swept our entire hemisphere, finally, finally
reach the shores of Cuba.
The Cuban people must receive the blessings of freedom
they have been 50 long denied. And I hope and believe that this
day is another important step toward that ultimate goal that so
many of you in this audience have worked so hard for, for so
very, very long.
Thank you very much. (Applause.)
END
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
March 12, 1996
STATEMENT BY THE PRESIDENT
Today I have signed into law H.R. 927, the "Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996.' This Act is a
justified response to the Cuban government's unjustified,
unlawful attack on two unarmed U.S. civilian aircraft that
left three U.S. citizens and one U.S. resident dead. The Act
imposes additional sanctions on the Cuban regime, mandates
the preparation of a plan for U.S. assistance to transitional
and democratically elected Cuban governments, creates a cause
of action enabling U.S. nationals to sue those who expropriate or
"traffic" in expropriated properties in Cuba, and denies
such traffickers entry into the United States. It is a clear
statement of our determination to respond to attacks on
U.S. nationals and of our continued commitment to stand by
the Cuban people in their peaceful struggle for freedom.
Immediately after Cuba's brutal act, I urged that
differences on the bill be set aside so that the United States
could speak in a single, strong voice. By acting swiftly -- just
17 days after the attack -- we are sending a powerful message to
the Cuban regime that we do not and will not tolerate such
conduct.
The Act also reaffirms our common goal of promoting a
peaceful transition to democracy in Cuba by tightening the
existing embargo while reaching out to the Cuban people.
Our current efforts are beginning to yield results: they
are depriving the Cuban regime of the hard currency it needs
to maintain its grip on power; more importantly, they are
empowering the agents of peaceful change on the island. This Act
provides further support for the Administration's efforts to
strengthen independent organizations in Cuba intent on building
democracy and respect for human rights. And I welcome its call
for a plan to provide assistance to Cuba under transitional and
democratically elected governments.
Consistent with the Constitution, I interpret the Act as
not derogating from the President's authority to conduct foreign
policy. A number of provisions -- sections 104 (a), 109 (b), 113,
201, 202 (e), and 202 (f) -- could be read to state the foreign
policy of the United States, or would direct that particular
2
diplomatic initiatives or other courses of action be taken with
respect to foreign countries or governments. While I support the
underlying intent of these sections, the President's
constitutional authority over foreign policy necessarily entails
discretion over these matters. Accordingly, I will construe
these provisions to be precatory.
The President must also be able to respond effectively to
rapid changes in Cuba. This capability is necessary to ensure
that we can advance our national interests in a manner that is
conducive to a democratic transition in Cuba. Section 102 (h),
concerning the codification of the economic embargo, and
the requirements for determining that a transitional or
democratically elected government is in power, could be read
to impose overly rigid constraints on the implementation of
our foreign policy. I will continue to work with the Congress
to obtain the flexibility needed if the United States is to be in
a position to advance our shared interest in a rapid and peaceful
transition to democracy in Cuba.
Finally, Title IV of the Act provides for the Secretary
of State to deny visas to, and the Attorney General to exclude
from the United States, certain persons who confiscate or traffic
in expropriated property after the date of enactment of the Act.
I understand that the provision was not intended
to reach those coming to the United States or United Nations as
diplomats. A categorical prohibition on the entry of all those
who fall within the scope of section 401 could constrain the
exercise of my exclusive authority under Article II of the
Constitution to receive ambassadors and to conduct diplomacy. I
am, therefore, directing the Secretary of State and the Attorney
General to ensure that this provision is implemented in a way
that does not interfere with my constitutional prerogatives
and responsibilities.
The Cuban regime's lawlëss downing of two unarmed planes
served as a harsh reminder of why a democratic Cuba is vitally
important both to the Cuban and to the American people. The
LIBERTAD Act, which I have signed into law in memory of the four
victims of this cruel attack, reasserts our resolve to help carry
the tide of democracy to the shores of Cuba.
WILLIAM J. CLINTON
THE WHITE HOUSE,
March 12, 1996.
###
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Tile: Cuba
HOLD FOR MTG. w/
PETER
HAKIM
We are grateful to the Arca Foundation and General Service Foundation for their financial
support of the Dialogue's work on Cuba. We are also pleased to acknowledge the broader support that
the Dialogue receives from the Ford, John D. & Catherine T. MacArthur, A.W. Mellon, and William and
Flora Hewlett foundations and the Carnegie Corporation of New York. We want also to acknowledge
the contribution of Rachel Cohen in the preparation of this policy brief.
Peter Hakim
President
Inter-American Dialogue
The Helms and Burton Bills on Cuba,
An Early Assessment
by Jorge I. Dominguez
The Cuban Liberty and Democratic Solidar-
regime today welcomes foreign direct investment.
ity Act of 1995 (or the Helms-Burton Bill, as it
It is a regime that once saw tourism as a blight,
is more commonly known) suggests that there is
but now sees it as an engine for growth; that
no country or issue, anywhere in the world, that
attempted to separate itself, in every respect, from
is more important to the foreign policy of the
the United States. but now permits the circulation
United States than is Cuba. According to this
of the U.S. dollar; and that once tried to ensure
bill, U.S. relations with Cuba are more impor-
that everyone worked for a state agency or enter-
tant than our relations with Russia, Canada, the
prise, but now feels compelled to-permit self-
European Union, and with other countries
employment
throughout Latin America and the Caribbean.
H
The hill would require the United States to
Castro hus authorized these significant policy
sacrifice aspects of its relations with its friends
changes, not because he has had a change of
and allies. This emphasis is misplaced. As
mind or heart, but because he finds himself stuck.
important as Cuba is, the United States has a
cornered, compelled. Castro has publicly stated
complex foreign policy agenda that involves
that he hates to do what hc feels he now has to
much more than the fate of Cuba. The Helms-
do. For the first time then, it is possible to
Burton bill raises concerns about the nature of
imagine a political strategy both within Cuba and
the United States' relations not only with Cuba,
as a part of U.S. policy toward Cuba that can take
but with its principal trading partners as well.
advantage of the fact that Castro must make
concessions. This, in itself, is an important step
Cubu's Domestic Situation
toward political transition that is not widely
acknowledged in Washington-and some politi-
One important purpose of the Helms-Burton
cal change is already taking place in Cuba.
legislation is to guide and shape Cuba's domes-
tic circumstances. Both economic and political
The Cuban state, in effect. has lost its capac-
transitions are underway in Cuba. The eco-
ity to micro-manage every aspect of the society
nomic changes have been more widely publi-
and economy. and there is the potential that it
cized in the United States. Founded on the
would continue to weaken. One consequence of
expropriation of forcign property, Fidel Castro's
this loss of control is that a civil society is emerg-
2 Inter-American Dialogue
2028229553 INTER-AMER DIALOGUE
973 P03
APR
27
'95
10:57
ing in Cuba. This society, composed mainly of
clear. Among its requirements are: that there be
small groups, is engaged in a variety of activi-
no political prisoners; human rights be fully
ties-from creating cooperatives to engaging in
respected; an independent judiciary be in opera-
political discussions. There is also a growth in
tion; all organs of state security be disbanded;
participation in religious activities. And a large
the government organize free elections under
illegal market economy has developed.
international supervision; and leadership not
include either Fidel or Raul Castro. These
Despite these changes, the Fidel Castro
appear more to be the requirements of a perma-
regime remains strong enough and retains its
nent government, not a transitional one. The
capacity to endure. More than five years after
experience of transitions, whether in Latin
the fall of the Berlin Wall and over four years
America or in Eastern Europe, should not make
since Soviet subsidies ended, Castro maintains a
us very confident that we can predict--let alone
powerful hold on Cuba.
specify the details of what will happen. It would
be self defeating to limit the capacity of the
The United States Stands Alone
President of the United States to design, develop,
and to implement an effective policy under
The question of U.S. policy toward Cuba is
conditions we know are uncertain, and which we
not a simple one. The U.S. trade embargo
know will require flexibility. The Cuban Liberty
against Cuba has worked to bring about change
and Democratic Solidarity Act creates a Tegal
on the island, especially since the end of Soviet
straightjacket; it tries to legislate the future
aid. But coercion can only induce a limited
degree of change. The current policy of the
The bill properly calls attention to the fact
United States provides the Cuban government
that we should make sure U.S. policies serve to
with every incentive to resist rather than to make
foster the democratization of Cuba rather than to
changes, and the policy includes few induce-
retain vestiges of the current regime. In thinking
ments to promote the reform that most of us
about policies, institutions, and procedures that
want. The House version of the bill extensively
would help to foster and accelerate both political
cites from United Nations findings regarding
and economic changes in Cuba, it is hard to
human rights violations in Cuba, but it neglects
think of a more subversive institution than the
- v
other UN statements on Cuba that make it clear
International Monetary Fund (IMF). According
U.S. policy has no supporters. Most govern-
to the proposed legislation, the United States,
ments of the world agree with the editorial page
even during a transition government, would be
of the Wall Street Journal: open markets are
bound to oppose Cuba's membership in the IMF
likely to lead to open politics. The United States
and other international financial institutions. But
stands alone on Cuba.
the conditions of IMF membership and, espe-
cially, of IMF programs would have significant
Constraints on a Flexible Policy Process
economic and political consequences in Cuba,
requiring the country to make an array of con-
The notion of thinking about a transition
structive policy reforms.
period in Cuba was first introduced by Represen-
tative Robert Menendez (D-NJ), and he should
Property Rights as Paramount
be commended for this. It is appropriate to think
about the transition-even to plan and set mark-
The Helms-Burton bill dedicates a great deal
ers for it. The Halms-Burton legislation, how-
of attention to the property rights of U.S. citi-
ever, is far too precise and rigid in its specifica-
zens. It appropriately calls on U.S. foreign
tions and requirements. The bill sets a high
policy to defend the rights and claims of U.S.
hurdle for a transitional government in Cuba to
citizens and firms abroad. But if enforced, this
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legislation would create havoc. Its proposals are
trading partners under this legislation is similar
sweeping, mandatory, and extend worldwide It
to the secondary boycott of Israel imposed by
would allow U.S. citizens to obtain property
Arab countries-a boycott that the United States
compensation through U.S. federal courts by
vehemently rejected over many years.
suing firms from other countries that trade with
Cuba, on the premise that they traffic with the
The bill demands that the Russian govern-
fruits from expropriated property. Its enforce-
ment give up its electronic signal facility in
ment would require an enormous commitment of
Lourdes, Cuba. That particular facility, however
U.S. personnel and time. And there are two
may be a link of fundamental importance to the
other difficulties with this provision of the bill.
United States. because the Russian government
may not agree to ratify the START II treaty
For the hardliners in the Cuban government,
without this capacity to monitor U.S compliance
this bill is a godsend: it can be used to demon-
with the treaty.
strate that the United States cares mostly about
the property rights of its citizens, d concern that
Policy Suggestions for the United States
has been clothed and masked, Cuban leaders
will say, in the language of democracy and
What are the main interests of the United
human rights. The Cuban government can and
States in Cuba? I don't think there is much
will highlight this. By claiming that the true
disagreement on this. Virtually everyone defines
interest of the United States 1$ financial, it will
U.S. interest in Cuba as: a peaceful democratic
try to induce the kind of fear on which continu-
transition that keeps violence among Cubans to a
ing support of the regime rests.
minimum; the avoidance of U.S. military inter-
vention, and the achievement of a democratic and
Furthermore, the bill is contrary to a bedrock
economically prosperous Cuba from which
principle of international law. that is that we
migrants will not want to flee to the United
accept as property under the sovereignty of
States. The question is how to pursue these goals
another country what that country's government
effectively. More specifically, first, how do we
has decided is property. In contrast, this bill
empower the civil society that is emerging in
extends the heavy hand of U.S. extraterritorial
Cuba? This cannot he accomplished easily from
jurisdiction into our relations with virtually
outside of the country, but the United States can
every major U.S. ally and trading partner. The
help by permitting Cuban-Americans once again
placement of property claims in Cuba as an
to visit their relatives and pass on to them a
objective in U.S. foreign policy to which a great
vision of a different Cuba. By allowing remit-
many others ATE subordinate makes little sense,
tances, the United States could contribute to the
and the method proposed for doing so is a
new and independent non-governmental organi-
violation of specific international treaties that
zations (NGOs), and help Cubans to free them-
have served the interests of the United States
selves from relying on the state for their exist-
very well in the past.
ence. But, under the Helms-Burton legislation,
Cuban-American travel and remittances to Cuba
Article 11 of the General Agreement on
would remain prohibited, as they are now.
Tariffs and Trade (GATT), the North American
Free Trade Agreement (NAFTA), and the new
Instead of assisting the Cuban dictatorship to
procedures for the World Trade Organization are
censor information, the United States should
all violated by a part of the bill prohibiting the
make it easier to have cultural and educational
importation of sugars, syrups, or molasses from
exchanges with Cuba-by allowing for the
countries that import these products from Cuba.
opening of press bureaus, and authorizing the
What the United States proposes to do to its
National Endowment for Democracy and other
4
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Excerpts from Cuba: Issues for Congress, CRS Issue Brief 94005, Updated March 20,
1995, (Washington, DC: Congressional Research Service, Library of Congress), PP- 9-10.
"Two comprehensive measures, S. 381 [intro-
"The second title of each of the bills include
duced by Senator Jesse Helms] and H.R. 927 [in-
provisions similar, although not identical to H.K.
troduced by Representative Dan Burton] in Feb-
611, the Free and Independent Cuba Assistance
ruary, include a variety of initiatives to increase
Act and outlines steps for the United States to
pressure on Cuba Although S. 381 and H.R. 927
take to provide assistance to a post-Castro Cuba.
are not identical, they each include three titles with
Some of the criteria defining the terms "transition
similar provisions: 1) measures to strengthen in-
government" and "democratically elected" govern-
ternational sanctions against the Cuban government;
ment appear to be stricter than the criteria set forth
2) measures to support a free and independent Cuba;
in II.R. 611.
and 3) measures to protect American property rights
abroad (not just Cuba).
The third title of each of the bills covers the
protection of American property rights abroad. not
"The first title of S. 381 and H.R. 927 includes:
just in Cuba. It excludes aliens from [entering] the
a prohibition against providing loans, credits, or
United States [who are] involved in the confisca
other financing by any U.S. person or U.S. agency
tion of U.S. property abroad. This includes: aliens
to a foreign person who traffics in property confis-
who traffic in confiscated property; or aliens who
cated by the Cuban government from a U.S. na-
are corporate officers, principles, or shareholders of
tional who has a claim in such property; opposition
an entity which the Secretary of State determines
to Cuba's membership in international financial
has been involved in the confiscation, trafficking.
institutions and a reduction of U.S. payments to the
or subsequent unauthorized use or benefit from con-
international financial institutions by the amount
fiscated U S property. Another provision holds any
of a loan or other assistance provided to Cuba by
person or government that traffics in property con-
the institution: a provision to withhold assistance
fiscated by a foreign government liable for mon-
from any state of the former Soviet Union by an
etary damages in Federal District courts A final
amount equal to the sum of assistance and credits
provision provides that conclusive evidence of own-
provided by the state in support of military and in-
ership of confiscated property is established by a
telligence facilities in Cuba, such as the intelligence
certification of the Foreign Claims Settlement Com-
facility at Lourdes; a provision to convert TV Marti
mission or by a court or administrative agency of
from VHF to UHF; and a provision that prohibits
the country in which the property was confiscated.
importing sugars, syrups, and molasses from a
With regard to Cuba, the provision extends the right
country the President determines has imported sug-
to bring a claim to the Foreign Claims Settlement
ars, syrups, and molasses that are the product of
Commission whether or not the U.S. national quali-
Cuba. In addition, S. 381 includes a provision for
fied as a U.S. national at the time the property was
the President to instruct the U.S. Permanent Rep-
confiscated."
resentative to the Organization of American States
(OAS) to vote against Cuba's readmission to that
institution until the President determines that a
democratically elected government is in power.
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governmental institutions to make grants to
NGOs and individuals in Cuba, including
Excerpts from the opening statement of Rep.
Fulbright fellowships. Washington should sign
Dan Burton (R-IN), Chair, House Subcommit-
civil aviation agreements to allow for direct mail
tee on Western Hemisphere Affairs, March 16,
service between the two countries.
1995, hearing on Cuban Liberty and Democratic
Solidarity Act of 1995 and the economic em-
A second kcy question is how can we make
bargo of Cuba.
it more likely that the Cuban state will be forced
"
to yield its hold over the economy and society
I believe that I speak for my colleagues
even more? The United States should welcome
when I say that the embargo is a tool of democ-
racy. It is an expression of faith and solidarity with
Cuba's application for membership in the IMF
the people of Cuba, who have suffered for far too
because the Fund's requirements will open the
long.
country's economy and legal system. Finally,
" All it would take for the embargo to be
how can we induce Castro to be further com-
lifted is for Castro to allow free elections in Cuba,
pelled to act against his desires? This requires
and to respect human rights Yet, it is quite clear
the United States to work constructively with the
that Castro has no intention of meeting even these
international community, not to declare eco-
basic conditions
nomic sanctions on all of its allies.
"The United Nations Human Rights Com-
mission recently voted, yet again, by a tally of 24-
The U.S. embargo against Cuba has led to
8, to investigate continuing human rights abuses
by the Castro regime. And just this past weekend,
changes usefully in the past, but now it is inef-
at the international summit On poverty, Castro once
fective by itself. The embargo should be seen as
again voiced his contempt for free market prin-
an instrument to be used, not as an altar in front
ciples.
of which we kneel. The United States must
"The minimal economic adjustments that
remember that its main goal is a peaceful and
the Castro regime has undertaken to attract foreign
democratic transition in Cuba, not the punish-
investment are clearly aimed at acquiring the for
ment of Fidel Castro nor the defense of U.S.
eign currency so desperately needed to perpetuate
property rights The United States needs to shift
Castro's dictatorship. It is very disappointing that
its policy with regards to Cuba-not to abandon
our friends in Mexico, Canada, Spain, and else-
where are attempting to cash in on Cuba's misery
*(
the totality of the trade embargo, but to reposi-
tion and engage the embargo as a bargaining tool
with no regard for the interests of the Cuban people.
" [W]e intend to maintain our commit-
for democratic peace. If we believe, as does the
ment to promoting democracy in Cuba. And we
House version of the bill, that it is an objective
intend to make sure that this administration does
of the United States to affirm the sovereign right
not weaken its resolve, or do anything that Can be
of Cubans to decide their future for themselves,
perceived as relaxing the embargo on the Castro
we will not approve this bill.
dictatorship.
"
I can assure the administration that any
relaxation of the embargo or of the pressure will
QUESTIONS AND ANSWERS
be opposed vigorously by this subcommittee. I
also hope that the administration will announce its
Q:
When Fidel Castro was in Paris with Presi-
support for our bill, the Cuban Liberty and Demo-
dent Mitterrand, what was he after and what did he
cratic Solidarity Act, which was also introduced in
get?
the Senate by Senator Helms, A unified and bi-
partisan approach on this front will send a clear,
A:
Castro has sought for some time to indicate
unmistakable signal to Fidel Castro that we are
that Cuba retains friends in the international commu-
more determined than ever to help the Cuban
nity, especially with governments that have been
people achieve their democratic rights."
6
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Excerpts from statement delivered by Senator Jesse Helms (R-NC), as reproduced in U.S. Senate
Committee on Foreign Relations press release, "Helms Introduces Cuba Bill as Amendment on
Senate Floor," March 7, 1995.
"Mr. President, I have made it clear that, as Chairman of the Senate Foreign Relations Committee,
doing everything possible to hring freedom and democracy to Cuba and the Cuban people is at the top of
my priority list.
"That is why I introduced the "Cuban Liberty and Democratic Solidarity (Libertad) Act" as my first
piece of legislation as Chairman of the Foreign Relations Committee
"Fidel Castro's brutal and cruel communist dictatorship has persecuted the Cuban people for 36
years. He is the world's longest-reigning tyrant.
"Let me be clear: Whether Castro leaves Cuba in a vertical or horizontal position is up to him and
the Cuban people. But he must-and will-leave Cuba.
"I categorically reject suggestions to lift or soften the embargo. For 36 years, both Republican and
Democratic presidents have maintained a consistent, bi-partisan policy of isolating Castro's dictatorship.
"There must be no retreat in that policy today. If anything, with the collapse of the USSR-and the
end of the Soviet subsidies to Cuba-the embargo is finally having the effect on Castro that has been
intended all along. Why should the United States let up on the pressure now? It's time to tighten the
screws not loosen them. We have an obligation-to our principles and to the Cuban people-to el-
evate the pressure on Castro until the Cuban people are free"
allies of the United States. Above all it was 3 sym
A:
Under licensing agreements, telecommunica-
bolic event, and although the French government
tion companies may operate and charter flights are
gave him very little besides visibility and some time
authorized to fly. Otherwise, U.S. firms or subsidiar-
on the evening news, Castro was prepared to accept
jes of U.S. firms in third countries cannot legally deal
an additional increment of international monitoring
with Cuba. In the past at hearings concerning U.S.
of human rights in Cuba. Although a worthwhile
policy towards Cuba, a number of heads of U.S.
step, it is a very minor one, but an example of the
businesses have testified in favor of a change or an
utility of engagement with Cuba.
opening in U.S. policy.
Ö
Do you forcsee any changes within the
Q:
Du you see any new energy in Cuba's econ-
Administration and Congress in the near future?
omy? Do you think the economy has bottomed out
and is now revitalizing?
A:
If by change you mean the modest steps]
suggest, it is doubtful. If by change you mean that
A:
The statistical information that is available is
Congress will enact the Helms-Burton bill, I think it
meager and contradictory, making the situation
is quite possible. However, this would be counter-
difficult to assess. In addition, the sector of the
productive to an array of U.S. goals that seek to
Cuban economy that is growing is illegal; the formal
foster a political opening in Cuba as well as other
economy is largely idle. Since 1990 the formal
important goals in relations with our allies.
economy has dropped by 50 percent, $0 it is evident
that it is under severe hardship. However, it is
&
What potential role can the private sector or
possible that it has bottomed out. The current sugar
business community in the United States play in
harvest is projected to be about equal to last year's
influencing policy toward Cuba?
But to talk about a growth trajectory would be
misleading.
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Q:
What do you think about the property rights
Q:
Are remittances arriving in Cuba at levels
provision to include Cuban citizens who were natu-
comparable to those before August?
ralized after the expropriation of their property
occurred?
A:
It is difficult to say, but it is clear that remit-
tances are still arriving.
A.
This has never been legally recognized
before. It would serve as an incentive to various
Q:
Does this bill make domestic political sense?
foreign citizens with property claims against their
home governments to come to the United States,
A:
If this policy is intended to win Cuban-
become naturalized, and then have the U.S. govern
American votes, I can see how it might be successful
ment support their claims.
to a degree, but I think that impact will be meager.
Most Cuban-Americans already vote Republican; this
à
Are there any indications about the Adminis
bill will not change that much.
tration's position?
Q:
What is the difference between the U.S.
A:
Assistant Secretary of State Alexander
embargo of Cuba and the U.S. embargoes of Haiti
Watson, in written testimony prepared for the
and South Africa, which also did not pose a national
Subcommittee, raises concerns similar to those I
security threat?
raised today. Assuming Mr. Watson speaks for the
Administration, this indicates the Administration has
A:
There is no embargo like the one against
problems with the legislation as it currently reads.
Cuba. It is as tough and as tight as it comes. It is
tighter now than the embargo on Iraq during the Gulf
Q:
Does Cuba pose a national security threat?
War, which permitted the export of food to Iraq.
Food cannot be exported to Cuba.
A:
At one time Cuba did pose a threat to the
security of the United States, but it does not now.
However, the bill badly serves and is counterproduc-
Jorge I. Dominguez is Frank G. Thomson Professor of
tive to the fashioning of U.S. policy worldwide. If
Government at Harvard University and 2' senior fellow at
the logislation undermines the START process, then
the Inter-American Dialogue. He coordinates the
yes, it would actually be against national security
Dialogue's Task Force on Cuba.
interests.
About the Inter-American Dialogue
The Inter-American Dialogue Is a forum for sustained exchange among leaders of the Western Hemi-
sphere and an independent, nonpartisan center focusing on U.S.-Latin American economic and political relations.
The Dialogue is Washington's only center for policy analysis dedicated primarily to U.S.-Latin American rela-
tions, and to convening policymakers, business and financial leaders, heads of non-governmental organizations
and intellectuals seeking practical responses to hemispheric problems. Founded in 1982, the Dialogue is currently
co-chaired by Peter D. Bell and Alejandro Foxley. Its president is Peter Hakim.
The Dialogue's 100 members-from the United States, Canada and twenty Latin American and Carib-
bean countries-include five former presidents, prominent political, business, labor, academic, media, military,
and religious leaders. At periodic plenary sessions, members analyze key hemispheric issues and formulate recom-
mendations for policy and action. The Dialogue presents its findings in comprehensive reports that are circulated
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research and publications are designed to improve the quality of public debate and decision on key issues in
Western Hemisphere affairs. The Dialogue emphasizes four broad themes-democratic governance, inter Ameri-
can institutions, economic integration, and social equity.
The Inter-American Dialogue is funded by private foundations, international organizations, corporations,
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