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Cuba [1]
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Records of the Office of the Chief of Staff (Clinton Administration)
Thomas "Tom" Shea's Files
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FOIA Number: 2016-0920-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:
Chief of Staff
Series/Staff Member:
Tom Shea
Subseries:
OA/ID Number:
8436
FolderID:
Folder Title:
Cuba [1]
Stack:
Row:
Section:
Shelf:
Position:
S
23
7
7
2
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. memo
Bob Nash to Harold Ickes re: Nuclear Regulatory Commission (Non-
06/25/1996
b(6)
selection) (2 pages)
002. memo
Laura Tyson, Samuel Berger, and John Hilley to President Clinton re:
07/12/1996
P1/b(1)
Title III of Helms-Burton (7 pages)
003. note
Staff Secretary to Leon Panetta et al re: Helms-Burton (1 page)
07/08/1996
P1/b(1)
004. memo
Anthony Lake and Laura Tyson to President Clinton re: Title III of
07/03/1996
P1/b(1)
Helms-Burton (3 pages)
COLLECTION:
Clinton Presidential Records
Chief Of Staff
Tom Shea
OA/Box Number: 8436
FOLDER TITLE:
Cuba [1]
2016-0920-F
1880
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA)
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA)
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA)
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
FILE No. 195 08/14 '96 15:22 ID:MENENDEZ DC
PAGE 2
ROBERT MENENDEZ
REPLY TO:
13TH DISTRICT. NEW JENSEY
1730 LONGWORTH House O.B.
WASHINGTON, DC 20515-3013
COMMITTEE ON TRANSPORTATION
DISTRICT OFFICES:
AND INPRASTRUCTURE
911 BERGEN AVENUE
JERBEY City, NJ 07306
AVIATION
(201) 222-2828
WATER RESOURCES
COMMITTEE ON INTERNATIONAL
Congress of the United States
an4 AVENUE C
BAYONNE. NJ 07002
RELATIONS
(201) 823-2900
WESTERN HEMISPHERE AFFAIRS
house of Representatibes
276 HORAJIT STREET
PERTH AMBOY. NJ 08061
(908) 324 6212
Mashington, DC 20515-3013
DEMOCRATIC WHIP FuI
Tom
or
News From
CONGRESSMAN BOB MENENDEZ
Cuba
For Immediate Release
Contact: Michael Hutton
August 14, 1996
(202) 225-7919
Jose Alvarez
(201) 222-2828
MENENDEZ PRAISES CLINTON ADMINISTRATION HUMANITARIAN DECISION ON
DECEASED RAFTERS
Washington, D.C. -- Representative Bob Menendez praised the
Clinton Administration today for its decision to grant humanitarian
visas to the families of Ana Maria Miranda and Arisleidi Ravelo, who
died while seeking freedom. Menendez had urged the White House
yesterday to grant humanitarian visas to the immediate family
members and requested that anybody with an asylum claim be paroled
into the United States and processed by the INS.
"I am pleased the Administration has granted humanitarian visas
to several of the family members and I urge the INS to transfer
those remaining individuals who are seeking asylum to the Krome
Detention Center for a full airing of their asylum claims. I am
deeply saddened by the Miranda and Ravelo families' loss. Menendez
said.
"While this is not a change in policy, this is the responsible
and humane thing to do given the tragic circumstances of the
situation." Menendez continued.
Menendez contacted Chief of Staff Leon Panetta as well as
Attorney General Janet Reno yesterday to request White House's
intervention on behalf of the 27 individuals who were rescued on the
high seas Monday after their boat capsized as they were fleeing
Cuba.
THE STATIONERY ITENTED ON PAPER MADE OF MECYCLED FIRERS
6/20 copy to DM
JOHN JOSEPH MOAKLEY
Slea For
PLEASE RESPOND TO:
9TH DISTRICT, MASSACHUSETTS
235 CANNON BUILDING
WASHINGTON, DC 20515
COMMITTEE ON RULES
response
(202) 225-8273
RANKING DEMOCRATIC MEMBER
FAX: (202) 225-3984
JOHN WEINFURTER
WORLD TRADE CENTER
CHIEF OF STAFF
SUITE 220
WASHINGTON
BOSTON, MA 02210
Congress of the United States
(617) 565-2920
FREDERICK W. CLARK
(617) 439-5460
FAX: (617) 439-5157
DISTRICT DIRECTOR
BOSTON
house of Representatibes
4 COURT STREET
E-mail: [email protected]
TAUNTON, MA 02780
URL: http://www.house.gov/moakley/welcome.html
Washington, DC 20515-2109
(508) 824-6676
FAX: (508) 880-3520
June 10, 1996
BROCKTON FEDERAL EU'LDING
166 MAIN STREET
BROCKTON, MA 02401
Mr. Harold Ickes
(508) 586-5555
FAX: (508) 580-4692
Deputy Chief of Staff
The White House
Washington, D.C. 20500
Dear Mr. Ickes:
Please excuse the typographical error in the correspondence I sent you recently. Enclosed is
a clean copy.
Thank you for your consideration.
Joe Member of Congress
Sincerely,
JOHN JOSEPH MOAKLEY
JJM:sl
fit Cuba
THIS STATIONERY PRINTED ON RECYCLED PAPER
JOHN JOSEPH MOAKLEY
PLEASE RESPOND TO:
9TH DISTRICT, MASSACHUSETTS
235 CANNON BUILDING
WASHINGTON, DC 20515
COMMITTEE ON RULES
(202) 225-8273
RANKING DEMOCRATIC MEMBER
FAX: (202) 225-3984
JOHN WEINFURTER
WORLD TRADE CENTER
CHIEF OF STAFF
SUITE 220
WASHINGTON
BOSTON, MA 02210
Congress of the United States
(617) 565-2920
(617) 439-5460
FREDERICK W. CLARK
FAX: (617) 439-5157
DISTRICT DIRECTOR
BOSTON
house of Representatibes
4 COURT STREET
TAUNTON, MA 02780
E-mail: [email protected]
Hashington, DC 20515-2109
(508) 824-6676
URL: http://www.house.gov/moakley/welcome.html
FAX: (508) 880-3520
June 10, 1996
BROCKTON FEDERAL BUILDING
166 MAIN STREET
BROCKTON, MA 02401
The Honorable Anthony Lake
(508) 586-5555
FAX: (508) 580-4692
National Security Advisor
The White House
Washington, D.C. 20500
Dear Tony:
Recently officials in the State and Treasury Departments have been discussing the humanitarian,
economic and enforcement problems occasioned by the current ban on direct charter air service
between the United States and Cuba.
Constituents, members of the Cuban American community and humanitarian organizations active
in providing support for the Cuban people have communicated to me the difficulties inherent
in the current policy.
The policy of banning direct charter air service between the U.S. and Cuba substantially
increases the hardship and expense for Cuban Americans to visit their families. One practical
effect is the increased hard currency for the Cuban government resulting from more passengers
using their airline. Another result is additional costs for the U.S. taxpayer and complications
for the Treasury Department in trying to enforce the policy.
The United States should permit direct air service between the United States and Cuba.
In refining this policy, the U.S. should be especially concerned about the Cuban American
families and the humanitarian organizations who have accomplished so much in alleviating the
suffering of the Cuban people.
Please keep me advised of the Administration's deliberations on this important issue and
anything I can do to assist in this process.
Joensonbly
JJM:sl
cc: Mr. Harold Ickes
THIS STATIONERY PRINTED ON RECYCLED PAPER
Lula in FL
305 387
0703
to go not
Ed the Gafiga (D)
of Sun Bingomans stoff
for the Drm spot
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. memo
Bob Nash to Harold Ickes re: Nuclear Regulatory Commission (Non-
06/25/1996
b(6)
selection) (2 pages)
COLLECTION:
Clinton Presidential Records
Chief Of Staff
Tom Shea
OA/Box Number: 8436
FOLDER TITLE:
Cuba [1]
2016-0920-F
jm1880
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
7/15
cord Shea
asas
file
Cuba
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
002. memo
Laura Tyson, Samuel Berger, and John Hilley to President Clinton re:
07/12/1996
P1/b(1)
Title III of Helms-Burton (7 pages)
COLLECTION:
Clinton Presidential Records
Chief Of Staff
Tom Shea
OA/Box Number: 8436
FOLDER TITLE:
Cuba [1]
2016-0920-F
jm1880
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
MEMORANDUM TO
JANICE ENRIGHT
FROM
SUZANNA VALDEZ
fil-Cuba
file
DATE
JUNE 20, 1996
SUBJECT
FAA RESPONSE TO CUBAN FAMILIES INQUIRY
Attached please find the FAA Administrator's response to the Alejandre, de la Pena, Costa and
Barba families regarding the revokation of Jose Basulto (Brother's to the Rescue) pilot
certificate. I have also attached the original letter of inquiry from the family's that Harold was
copied on May 26th.
Secretary Pena is scheduled to meet with the families on Tuesday, June 25th regarding this issue
and the upcoming UN International Civilian Aeronautics Organization meeting next week.
cc: Tom Shea
771
C.A.M.P. 4 Justice
P.O. Box 14-4749 Coral Gables, FL 33114-4759
May 26, 1996
The Honorable William Clinton
President of the United States of America
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
Dear President Clinton:
On behalf of the Alejandre, Costa, de la Pena and Morales Families we would like to thank you for the time
you spent with us during your visit to Miami. We greatly appreciate your concern and understanding of our
grief at the loss of Armando, Carlos, Mario and Pablo following their murders at the hands of the Cuban Air
Force on February 24, 1996.
At this time, however we find it necessary to bring to your attention a recent event that has given as cause
for concern. The Federal Aviation Administration (FAA) has decided to revoke the license of Brothers to the
Rescue (BTTR) pilot Jose Basulto. Although we respect the FAA's right to take this action and stand behind
it if the charges are indeed true, we find very distressing the FAA's omission of key facts in its "Emergency
Order of Revocation" (enclosed) and the dangerous ambiguity that results from it, as follows:
(1)
The FAA mentions several times that BTTR was warned about Cuba's threats and
specifically the threat to shoot down any US aircraft violating its airspace (paragraph 14). The FAA
fails to mention that such an action, when involving civilian aircraft, is illegal under international
law. Such an omission serves to legitimize threats that have no legal basis. We agree that warning
BTTR was more than appropriate, but it is a warning of a possible violent action by a hostile
dictatorship, not one of a reasonable response by a civilized state. The distinction is important, and
the FAA fails to make it.
(2)
In mentioning that Mr. Basulto flew into Cuban airspace on February 24, 1996, the FAA
mentions the two BTTR aircraft that were shot down (paragraph 19). The FAA fails to mention
that these aircraft never followed Mr. Basulto into Cuban airspace. Given the FAA's repeated
mention of Cuba's threats to down any US aircraft entering its airspace, the uninformed reader is left
to infer that the two downed planes did actually violate Cuban airspace. Your administration has
consistently maintained that such a violation did not occur, but the FAA fails to make this clear.
(3)
The FAA also has seen fit somehow to find Mr. Basulto responsible for the deaths of our
family members, stating that he "was careless or reckless so as to endanger the lives or property of
others" (paragraph 20). Even if Mr. Basulto did indeed fly into Cuban airspace, we find it highly
inappropriate for the FAA, or anybody else, to find anyone but the Cuban government responsible
for the deaths of our relatives.
Carlos, Armando, Mario, Pablo... we will never forget you
The problems we have detailed here render the FAA's letter a potentially disastrous document, one that could
be used against our quest for justice with great effectiveness if it were to find its way to the International
Civilian Aeronautics Organization (ICAO), the United Nations, its Commission on Human Rights or an
international court of law, just to name a few. We therefore request that the FAA's Order of Revocation be
amended so as to correct the inaccuracies we have mentioned.
In addition, we strongly believe that no US government agency should make any statement or release any
document regarding this incident that fails to make clear that the Republic of Cuba's downing of the two
civilian aircraft which carried Armando, Carlos, Mario and Pablo was a barbaric and illegal act that occurred
over international waters, for which the Republic of Cuba is solely responsible. Since this has consistently
been your administration's position on the events of February 24, we feel that this is a very reasonable
request. And we feel that our quest for justice needs to be accorded the priority it deserves.
Finally, we are requesting a briefing from the United States government of what really transpired on
February 24. We are in the unenviable position of being in the middle, with little or nor official information
on this tragedy, and it is our dead who are clamoring for justice.
Sincerely,
Marlem Aljanda
Mista Costa Mirta Costa
Marlene Alejandre
(Armando's widow)
(Carlos' mother)
Miriam de la Pena
EvaBasta Eva Barba
(Mario's mother)
(Pablo's mother)
c:
Madeleine Albright, US Ambassador to the United Nations
Jose Basulto, Brothers to the Rescue
Lincoln Diaz-Balart, US Representative - Florida
Bob Graham, US Senator - Florida
David Hinson, FAA, US Department of Transportation
Harold Ickes, Deputy Chief of Staff
Anthony Lake, National Security Advisor
Connie Mack, US Senator - Florida
Keith S. May, Managing Attorney, FAA
Bob Menendez, US Representative - New Jersey
Federico Pena, Secretary of Transportation
Lula Rodriguez, United States Information Agency
lleana Ros-Lehtinen, US Representative - Florida
Ray Ruga, Cuba Desk Officer, Department of Defense
Eddie L. Thomas, Assistant Chief Counsel, FAA
Susana Valdez, Special Assistant to the President
C.A.M.P. 4 Justice
COPY
P.O. Box 14-4749 Coral Gables, FL 33114-4759
6/20 COPy Shea,
Herman, Berger
May 26, 1996
The Honorable William Clinton
President of the United States of America
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
Dear President Clinton:
On behalf of the Alejandre, Costa, de la Pena and Morales Families we would like to thank you for the time
you spent with us during your visit to Miami. We greatly appreciate your concern and understanding of our
grief at the loss of Armando, Carlos, Mario and Pablo following their murders at the hands of the Cuban Air
Force on February 24, 1996.
At this time, however we find it necessary to bring to your attention a recent event that has given us cause
for concern. The Federal Aviation Administration (FAA) has decided to revoke the license of Brothers to the
Rescue (BTTR) pilot Jose Basulto. Although we respect the FAA's right to take this action and stand behind
it if the charges are indeed true, we find very distressing the FAA's omission of key facts in its "Emergency
Order of Revocation" (enclosed) and the dangerous ambiguity that results from it, as follows:
(1)
The FAA mentions several times that BTTR was warned about Cuba's threats and
specifically the threat to shoot down any US aircraft violating its airspace (paragraph 14). The FAA
fails to mention that such an action, when involving civilian aircraft, is illegal under international
law. Such an omission serves to legitimize threats that have no legal basis. We agree that warning
BTTR was more than appropriate, but it is a warning of a possible violent action by a hostile
dictatorship, not one of a reasonable response by a civilized state. The distinction is important, and
the FAA fails to make it.
(2)
In mentioning that Mr. Basulto flew into Cuban airspace on February 24, 1996, the FAA
mentions the two BTTR aircraft that were shot down (paragraph 19). The FAA fails to mention
that these aircraft never followed Mr. Basulto into Cuban airspace. Given the FAA's repeated
mention of Cuba's threats to down any US aircraft entering its airspace, the uninformed reader is left
to infer that the two downed planes did actually violate Cuban airspace. Your administration has
consistently maintained that such a violation did not occur, but the FAA fails to make this clear.
(3)
The FAA also has seen fit somehow to find Mr. Basulto responsible for the deaths of our
family members, stating that he "was careless or reckless so as to endanger the lives or property of
others" (paragraph 20). Even if Mr. Basulto did indeed fly into Cuban airspace, we find it highly
inappropriate for the FAA, or anybody else, to find anyone but the Cuban government responsible
for the deaths of our relatives.
Carlos, Armando, Mario, Pablo.. we will never forget you
The problems we have detailed here render the FAA's letter a potentially disastrous document, one that could
be used against our quest for justice with great effectiveness if it were to find its way to the International
Civilian Aeronautics Organization (ICAO), the United Nations, its Commission on Human Rights or an
international court of law, just to name a few. We therefore request that the FAA's Order of Revocation be
amended so as to correct the inaccuracies we have mentioned.
In addition, we strongly believe that no US government agency should make any statement or release any
document regarding this incident that fails to make clear that the Republic of Cuba's downing of the two
civilian aircraft which carried Armando, Carlos, Mario and Pablo was a barbaric and illegal act that occurred
over international waters, for which the Republic of Cuba is solely responsible. Since this has consistently
been your administration's position on the events of February 24, we feel that this is a very reasonable
request. And we feel that our quest for justice needs to be accorded the priority it deserves.
Finally, we are requesting a briefing from the United States government of what really transpired on
February 24. We are in the unenviable position of being in the middle, with little or nor official information
on this tragedy, and it is our dead who are clamoring for justice.
Sincerely,
Marlen aljanda
Marlene Alejandre
Mirta Costa Mirta Costa
(Armando's widow)
(Carlos' mother)
Miriam de la Pena
SvaBaba Eva Barba
(Mario's mother)
(Pablo's mother)
c:
Madeleine Albright, US Ambassador to the United Nations
Jose Basulto, Brothers to the Rescue
Lincoln Diaz-Balart, US Representative - Florida
Bob Graham, US Senator - Florida
David Hinson, FAA, US Department of Transportation
Harold Ickes, Deputy Chief of Staff
Anthony Lake, National Security Advisor
Connie Mack, US Senator - Florida
Keith S. May, Managing Attorney, FAA
Bob Menendez, US Representative - New Jersey
Federico Pena, Secretary of Transportation
Lula Rodriguez, United States Information Agency
Ileana Ros-Lehtinen, US Representative - Florida
Ray Ruga, Cuba Desk Officer, Department of Defense
Eddie L. Thomas, Assistant Chief Counsel, FAA
Susana Valdez, Special Assistant to the President
U.S. Department
of Transportation
Office of the Assistant Chief Counset
Southern Region at Orlando, Florida
Federal Aviation
9677 Tradsport Drive, Suite 160
Administration
Orlando, Florida 32827-5397
Telephone: (407) 648-6915
MAY 16 1996
Facsimile: (407) 648-6944
CERTIFIED - RETURN RECEIPT REQUESTED
and FEDERAL EXPRESS
9580190142
9650190076
Mr. Jose Basulto
5790 SW 84th Street
Miami, Florida 33143-8218
EMERGENCY ORDER or REVOCATION
The Administrator has determined that safety in air commerce or
air transportation and the public interest require the immediate
revocation of your Commercial Pilot certificate. Therefore, the
following constitutes an Emergency Order of Revocation:
1. At all times material herein you were and are now the
holder of Commercial Pilot Certificate No. 002122405.
2. On or about July 11, 1995, representatives of the Miami
Flight Standards District Office, Federal Aviation Administration
(FAA), met with you, in your capacity as President of the
Brothers to the Resoue, Inc. (STTX), and advised you of the
potential serious consequences of unauthorized entry into Cuban
territorial airspace. The FAA representatives also advised you
that any violations of the Federal Aviation Regulations (FAR) or
international regulations would be vigorously investigated. (The
Cuban Government had alleged that aircraft W2506, registered to
BTTR, had operated into Cuban airspace without authorisation on
June 1, 1995).
3. On or about July 13, 1995, you operated civil aircraft
N2506, a Cessna 337, the property of another, on a passenger-
carrying flight departing from Opa Locka Airport, Miami, Florida,
on a DVFR flight plan.
4. During the course of said flight you operated civil
aircraft N2506 into the territorial airspace of the Republic of
Cuba.
5. During the course of said flight you operated civil
aircraft N2506 into the Havana, Cuba, Terminal Control Zone.
6. During the course of said flight you operated civil
aircraft N2506 into Prohibited Area MUP1 of the Republic of Cubs.
7. At all times mentioned herein, the areas described in
paragraphs 4, 5, and 6 above were either restricted areas or
prohibited areas of the Republic of cuba, as defined in Cuban Law
1318: LEY 1318 - ORGANISACION, PLANIFICACION Y CONTROL DE LOS
VUELOS SOBRE EL TERRITORIO Y REGION DE INFORMACION DE VUELO DE LA
REPUBLICA DE CUBA (Cuban Law 1318) and REGLAMENTO DE LA LEY 1318
DE 1976 (Cuban Law 1318 of 1976). Specifically, Cuban Law 1318
and Cuban Law 1318 of 1976 define the terms Prohibited Area and
Restricted Area as follows:
a. PROHIBITED AREA - Airspace of defined dimensions over the
territory or waters which are under the jurisdiction of a State,
within which the flight of aircraft is prohibited.
b. RESTRICTED AREA - Airspace of defined dimensions over the
territory or waters which are under the jurisdiction of a State,
within which the flight of aircraft is restricted in accordance
with specific conditions established.
8. At the time of your operation of N2506 as described in
paragraphs 3, 4, 5, and 6, you did not have authorization from
the Cuban government air traffic control authority for entry
into, and operation within, that airspace. Unauthorised entry
into, and operation within this airspace is contrary to, and in
violation of, Law 1218 of the Republic of Cuba, LEY 1218,
REGLAMENTO DE SOBREVUELO AL TERRITORIO NACIONAL (Cuban Law 1218),
Articles 3, 5, and 14, Cuban Law 1318, Articles 10 and 14, and
Cuban Law 1318 of 1976, Articles 7 and 25.
9. On or about August 29, 1995, the U.S. Department of
state issued a statement warning that entering Cuban territory,
territorial waters or airspace without prior authorization from
the Cuban government may cause one to be subject to arrest or
other enforcement action by Cuban authorities, The statement
also cited the July 14, 1995, statement in which Cuba warned
"that any boat from abroad can be sunk and any airplane
downed.
10. On or about August 29, 1995, you, and other members of
the STTR were advised again by representatives of the Miami
Flight Standards District Office, FAA, of the potential serious
consequences of unauthorized entry into Cuban airspace and that
any violations of the FAR or international regulations would be
vigorously investigated.
11. On August 31, 1995, the FAA issued a Notice of Proposed
Certificate Action (Notice), proposing to suspend your airman
certificate for 120 days for operating a U.S.-registered civil
aircraft in the territorial airspace of the Republic of Cuba in
violation of sections 91.703(a)(2), 91.703(a)(3), and 91.13(a) of
the FAR.
12. The FAA, through the aforementioned Notice, placed you
on further notice that unauthorized operation of J.S.-registered
civil aircraft in Cuban territorial airspace is in violation of
the FAR.
13. On or about September 2, 1995, the Cuban government, in
response to announced plans by BTTR to conduct flight activity
near Cuba, again warned that it would force down or sheet down
any airapace violators.
14. On or about October 18, 1995, the U.B. Department of
State issued a statement advising BTTR "that if persons enter
Cuban territory, territorial seas or airspace without
authorization from the Cuban Government they may be subject to
arrest or other enforcement. action by Cuban authorities for
violations of Cuban law. The Cuban Government has repeatedly
asserted its determination to take actions it deems necessary,
including the sinking of vessels and the downing of aircraft, to
defend Cuban territorial sovereignty and to prevent unauthorized
incursions into Cuban territorial waters and airspace.'
15. On or about February 24, 1996, you operated civil
aircraft N2505, a Cesana 337, the property of another, on a
flight departing from Opa Locka Airport, Miami, Florida, on a
DVFR flight plan.
16. During the course of said flight, you operated civil
aircraft N2506 into the territorial airspace of the Republic of
Cuba.
17. At all times mentioned herein, the area described in
paragraph 16 above was either a restricted area or prohibited
area of the Republic of Cuba, as defined in Cuban Law 1318 and
Cuban Law 1318 of 1976.
18. At the time of your operation of civil aircraft M2506,
as described in paragraphs 15, 16, and 17 above, you did not have
authorization from the Cuban government air traffic control
authority for entry into, and operation within, that airspace.
Unauthorized entry into, and operation within this airspace is
contrery to, and in violation of, Cuban Law 1218, Articles 3, 5,
and 14, Cuban Lew 1318, Articles 10 and 14, and Cuban Law 1318 of
1976, Articles 7 and 25.
19. During the course of your February 24, 1996, flight, as
described in paragraphs 15 and 16 above, aircraft operated by the
Republic of Cubs shot down two U. .-registered civil aircraft,
N24568 and N54858, which were being operated by pilots on behalf
of BTTR.
20. Your operation of civil aircraft N2506, in the manner
and under the circumstances described above, was careless or
reckless BO as to endanger the lives or property of others.
21. By reason of the foregoing, you have demonstrated that
you lack the degres of care, judgment, and responsibility
required of the holder of an airman certificate.
,
22. By reason of the foregoing, you have demonstrated that
you certificate. lack the qualifications to be the holder of an airman
23. As a result of the foregoing facts and circumstances,
you:
a. Violated Section )of the Federal Aviation
Regulations, in that you operated a civil aircraft of U.S.
registry within a foreign country and you did not comply
with the regulations relating to the flight and maneuver of
aircraft there in force; in particular, you operated an
aircraft in violation of the following regulations of the
Republic of Cuba:
1. Law 1215 of the Republic of Cuba (LEY 1218 -
REGLAMENTO DE SOBREVUELO AL TERRITORIO MACIONAL),
Article 3 - Foreign civil aircraft may undertake
overflights and effect landings for non-commercial
purposes in the national tarritory under the provisions
of any Treaty or Convention the Republic of cuba may
have signed, by means of the procedures referred to in
Chapter III of this Law;
11. Law 1218 of the Republic of Cube, Article 5 -
Overflights by foreign aircraft in the air space of the
Republic of Cuba may only be effected in accordance
with the corridors established by the Institute of
Civil Aeronautics of cuba and in compliance with
standards and procedures the aforesaid Institute may
establish;
111. Law 1218 of the Republic of Cuba, Article 14 - The
overflights and landings for non-commercial purposes of
foreign civil aircraft provided for in Article 3 may be
undertaken only if a prior Certificate or Notification
has been obtained. Certificates are permanent in
nature so long as the conditions under which they were
granted are maintained in effect and are only granted
to regular international air services after complience
with the procedures set forth in this Chapter (III).
Notifications are granted specifically for a specified
number of non-regular flights and also for the
realisation of regular flights while the issuance of a
Certificate is pending;
iv. Law 1318 of the Republic of Cuba (LEY 1318 -
ORGANIZACION, PLANIFICACION I CONTROL DE LOS VUELOS
SOBRE EL TERRITORIO Y REGION DE INFORMACION DE VUELO DE
LA REPUBLICA DE CUBA), Article 10 - All flights over
the air space and in the area under the air traffic
control of the Republic of Cube are to be undertaken in
accordance with the charecteristics of the flights,
approved itineraries or prior authorizations;
v. Law 1318 of the Republic of Cuba, Article 14 -
Overflights and flights of foreign aircraft toward or
from the territory of the Republic of Cuba are to be
undertaken only through established international
corridors and airways;
vi. Law 1316 of 1976 of the Republic of Cuba
(REGLAMENTO DE LA LEY 1318 DE 1975), Article 9 - The
air space outside the routes and airways, zones of
control and established national entry and exit
procedures is considered restricted air space; special
authorization for its utilization is therefore required
from the National Center for Joint Flight Planning;
vii. Law 1318 of 1976 of the Republic of Cuba, Article
25 - All flights of foreign aircraft toward or from the
territory of the Republic of Cuba, as well as
overflights of Cuban air space, shall be undertaken
only under an IFR (instrument flight rules] flight
plan.
b. Section 91.703 (a) (3) and Section 91.13 (a) of the
Federal Avistion Regulations, in that you operated a civil
aircraft of U.S. registry within a foreign country in a
careless or reckless manner so as to endanger the life or
proparty of another.
O. Have demonstrated that you lack the care,
judgment, and responsibility required of the holder of a
commercial pilot certificate.
d. Have demonstrated that you lack the qualifications
required of the holder of a commercial pilot certificate.
As a result of the foreguing, the Administrator has determined
that safety in air commerce or sir transportation and the public
interest require the revocation of your Commercial Filot
certificate. The Administrator further finds that an emergency
requiring immediate action exists in respect to sufety in air
commerce or air transportation and the public interest and,
accordingly, this Order shall be effective immediately.
NOW, THEREFORE, IT IS ORDERED, pursuant to the authority vested
in the Administrator by 49 U.S.C. Sections 44709 and 46105, that
any and all airman certificates held by you including Commercial
Pilot Certificate No. 002122405, be and hereby are, revoked. IT
IS FURTHER ORDERED that said certificate(s) be surrendered to the
undersigned immediately. NOTE: The allegations contained in the
Notice of Proposed Certificate Action dated August 31, 1995, are
hereby incorporated as modified into this Order, and any further
processing of those allegations will be made as a part of this
proceeding.
You may appeal from this Order in accordance with the paragraph
below.
EDDIE L. THOMAS
ASSISTANT CHIEF COUNSEL
BY:
KEITH Atsoray 3. MAY
Managing Attorney
office of the Assistant Chief Counsel
Southern Region at Orlando, Florida
APPEAL
You may appeal from this Order within ten (10) days from the date
it is served by filing an original and three copies of a Notice
of Appeal with the Office of Judges, National Transportation
Safety Board, Room 531, 5th Floor, 490 L'Enfant Plaxa East, SW,
Washington, D.C. 20594. An appeal must be filed within ten (10)
days from the time of service of this Emergency Order. However,
due to the fact that your Commercial Pilot certificate has been
revoked on an emergency basis, the revocation will remain in
effect during the pendency of any proceedings before the National
Transportation Safety Board. Part 821 of the Board's Rules of
Practice (49 CFR Part 821) applies to such an appeal. In the
event you appeal, a duplication of your Notice of Appeal should
be furnished to this office.
Whether or not you choose to appeal from the provisions of this
order, you must surrender your Commercial Pilot certificate to
Office of Assistant Chief Counsel, FAA, 9677 Tradeport Drive,
Suite 160, Orlando, FL 32827, immediately.
In the event of an appeal to the NTSB, a copy of the Emergency
Order will be filed with the NTSB and will serve as the
Administrator's Complaint.
FILE No. 935 07/16 '96 20:26 ID:MENENDEZ DC
PAGE 2
HEPLY TO:
ROBERT MENENDEZ
13TH DISTRICT, NEW JERSEY
1730 LONGWORTH House O.B.
WASHINGTON. DC 20616-3013
COMMITTEE ON TRANSPORTATION
DISTRICT OFFICES:
AND INFRASTAUCTURE
01
911 BERGEN AVENUE
SUBCOMMITTEES:
JERSEY CITY. NJ 07308
AVIATION
12011 222-2028
WATER RESOURCES
Congress of the United States
664 AVENUE C.
COMMITTEE ON INTERNATIONAL
BAYONNE, NJ 07002
RELATIONS
(201) 823-2000
SUBCOMMITTEE:
275 HOBART STREET
WESTERN HEMISPHERE AFFAIRS
house of Representatives
PERTH AMBOY. NJ 00881
(908) 324-6212
DEMOCRATIC WHIP AT LARGE
Mashington, DC 20515-3013
News From
CONGRESSMAN BOB MENENDEZ
For Immediate Release
Contact: Michael Hutton
July 16, 1996
(202) 225-7919
CONGRESSMAN BOB MENENDEZ STRONGLY CRITICIZES
PRESIDENT FOR "WALKING AWAY FROM DEMOCRACY IN
CUBA", BY SUSPENDING TITLE III OF THE LIBERTAD ACT
Washington, D.C. -- Congressman Bob Menendez today strongly and sharply criticized
President Clinton's decision to suspend the provision in the Helms/Burton legislation allowing
United States citizens to file suit in U.S. courts against those profiting from illegally confiscated
properties in Cuba.
"With this partial suspension decision, the President has delayed the best chance we have
had to apply international economic pressure on the brutal and repressive Castro dictatorship.
President Clinton is postponing an opportunity for democracy in Cuba." Menendez stated.
"Although. I had hoped that he would not delay the right of action, because the President
did not waive all of Title III, be thereby created standing and irreversible rights for U.S. citizens,
and started the clock running on the liabilities of foreign companies invested in the stolen property
of American citizens in Cuba," Menendez said.
Menendez, the only Cuban-American Democrat in Congress and a member of the
International Relations Committee, continued, "The President is sending the wrong message with
the suspension of Title III. This decision puts economics ahead of democracy, profits before
human rights and the demands of multi-national businesses over the rights of American citizens."
The Republican influenced United States Chamber of Commerce and National Association
of Manufacturers heavily lobbied the Administration, Menendez said and "this decision puts the
seal of approval of the United States government on the profiteering of stolen American property.
The President is giving foreign corporation more time to use confiscated American property to
make money for a discredited dictator. Title m is a powerful rool to create meaningful economic
disincentives against propping up Fidel Castro; today President Clinton disabled us from using this
tool for six more months."
FILE No. 935 07/16 '96 20:26 ID:MENENDEZ DC
PAGE 3
Menendez, who represents one of the most heavily Democratic Congressional Districts in
New Jersey, pointed out that he has always praised President Clinton when he was right, but is
unafraid TO criticize him when he was wrong. "The President is sadly mistaken if he thinks that
keeping the flow of international money to the last communist dictator in the Western Hemisphere
will accelerate the rebirth of democracy in Cuba. I had hoped that the President would
demonstrate real leadership which would have directly led to the fall of Castro. Instead, he will
make us wait for another day."
The President's decision undermines decades of American policy to isolate the Castro
regime. "There are critics who say that Castro should be dealt with as if he were a legitimate
leader. Castro gained power by stealing property from American citizens and freedom loving
Cubans. Today is a sad day, because President Clinton is now allowing Castro to get away with
his barbarous piracy.
The President's advisors have convinced the President to suspend the right to sue on the
false hopes that we can accomplish in six months, what we have been unable to do in 37 years.
Namely, have our allies and foreign companies act responsibly to promote democracy and human
rights in Cuba," Menendez concluded.
###
FILE No. 876 07/12 '96 12:11 ID:MENENDEZ [II]
PAGE 1
ROBERT MENENDEZ
REPLY ID:
13TH DISTRICT, NEW JERSEY
1730 LONDWORTH House 08
WASHINGTON. DC 20615-3013
COMMITTEE ON TRANSHORTATION
ANO INFRASTRUCTURE
DISTRICT OFFICES:
SUBCOMMITTESS:
git BERGEN AVENUE
JUNGEY CITY, NJ 07300
AVIATION
WATER RESOURCES
(201) 222-2828
COMMITTEE DN INTERNATIONAL
Congress of the United States
064 AVENUE C
BAVOMME NJ 07007
RELATIONS
(701) 833-3900
SUBCOMMI me:
house of Representatives
275 HOBART STREET
WESTERN MEMBERERE AFFAIRS
PERTH AMBOY, NJ 088d1
(806) 324-0212
DEMOCRATIC WHIP AT LARGE
Washington, DC 20515-3013
FACSIMILE COVER SHEET
Date:
7-12
To:
Ton, Shay
From: Coney memendez
Pages to follow: 5
Re:
Message:
Phone: (202) 225-7919. Fax: (202) 226-0792
THIS STATIONERY PRINTED ON PAPER MADE OF RECEIVED FIBERS
FILE No. 876 07/12 '96 12:11 ID:MENENDEZ DC
PAGE 2
ROBERT MENENDEZ
13TH DISTRICT. NEW JARSEY
N.Y TO!
1730 ONGWORTH House O.B.
COMMITTEE ON TRANSPORTATION
WASHINGTON, DC 20515 3013
AND INFRASTRUC TURE
DISTRICT OFFICES:
SURCOMMITTEES:
911 BERGEN AVENUE
AVIATION
WATER RESOURCES
JERSEY CITY, NJ 07306
(201) 222-2828
COMMITTEE ON INTERNATIONAL
RELATIONS
Congress of the United States
65-1 AVENUE C.
BAYONNE NJ 07002
SUBCOMMITTEE:
(201) 823-2900
WESTEAN HEMISPHERE AFFAIRS
House of Representatives
276 HOBANT STREET
PERTH America NJ 08881
(908) 324-6212
DEMOCRATIC WHIP AT LARGE
Washington. DC 20515-3013
January 19, 1996
Mr. John W. Carlin
Archivist of the United States
National Archives
and Records Administration
Washington, D.C. 20408
Dear Mr. Carlin:
I am writing to you regarding the fate of the Federal
Records Center - - and the employees who work at the Center as
a result of the decision by the Department of Defense to close
their (MOTBY). lessor, the Military Ocean Terminal at Bayonne, New Jersey
During the BRAC considerations in May, representatives from
the MOTBY Records Center indicated that GSA's initial search for
alternative property sites yielded nothing within the area which
would suitable for the mission.
I am aware that you are currently reviewing options which
will allow the Records Center to continue their mission at the
same level of exceptional quality which is their trademark. I
would urge you to remember that the location they presently
occupy is convenient to Manhattan and northern New Jersey.
It is my understanding that this Center provides more
service to the courts than any other facility on the East Coast.
The disruption to the already overburdened court system in New
York if the Records Center is moved will have an extremely
area. negative effect on the judicial system in the New York/New Jersey
The community in which the Records Center is located is a
safe area with a good quality of life for both residents and the
Center. general public traveling to MOTBY to utilize the services of the
mg STATIONERY PHINTED IN PAPER MADE OF HECYCLED FILIERS
FILE No. 876 07/12 '96 12:12 ID:MENENDEZ III
PAGE 3
Mr. Carlin
January 19, 1996
Page 2
I am confident that you are seeking to retain the regional
structure on which our Federal Records Centers have been
established and sited. The facility at MOTBY serves New York,
New Jersey and Puerto Rico. These "clients" simply could not be
served from Philadelphia or Boston.
Finally, I must emphasize the urgency of retaining jobs in
the area. My Congressional district has the highest rate of
unemployment in the state of New Jersey. The Ocean Terminal,
along with its tenants, is the largest employer in Hudson County.
The loss of these jobs and the accompanying disruption to the
lives of hundreds of dedicated government employees will present
untold economic hardships.
I am certain that you will agree that this Fall's budget
impasse has had a devastating effect on the morale of Federal
employees caught up in it. The uncertainty of job losses due to
relocation of the Records Center at MOTBY will further exacerbate
this unacceptable situation; the loss of confidence in their
government and increased stress which impacts one's job
performance - - while this issue is unresolved.
I would urge you to retain your facilities at MOTBY. If
there is an inability to remain at MOTBY, I would urge you to
remain in Hudson County.
On behalf of the more than 100 employees who work at the
Records Center and live in the Bayonne/Jersey City area, I
strongly urge you to take the impact on them into consideration.
I would be willing to speak with you directly about this
matter in an effort to reach a favorable resolution. Please do
not hesitate to contact me if I can provide you with additional
insight into the gravity of this situation.
Sincerely,
Robert Menendez
Member of Congress
RM:kgk
FILE No. 876 07/12 '96 12:12 ID:MENENDEZ DC
PAGE 4
07/12/98 08:04
3017137270
NARA PIRM ARCHII
A
001/003
National
rchives in Washington, DC
7th Street & Pennsylvania Avenue, NW
Washington, DC 20408
facsimile
TRANSMITTAL
to:
Brian O'Malley, Counsel, Congressman Robert Menendez
fax #: 202-226-0792
re:
Replacing the New York Federal Records Center
date:
July 12, 1996
pages: 3 page(s) total, including this cover sheet
Brian--
As per our conversation yesterday, John Carlin, Archivist of the United States, met
with his New York Federal Records Center task force yesterday to make final
decisions concerning replacement of the New York FRC. Decisions are outlined in
the enclosed letter to employees. The letter is being given to all Center employees at
8:30am this morning and David Peterson, Assistant Archivist for Foderal Records
Centers, is meeting with the employees in Bayonne at 10:00am today. I also have the
longer backup report TO share with you at your convenience today. Governor Carlin
would also be happy to speak directly with Congressman Menendez as we also
discussed yesterday.
I am taking the liberty to fax this same information to Dennis Collins in the
Congressman's Bayonne office.
Talk to you soon
From the desk of
JKi Director, Congressional Alfoirs
John A. Constance
National Archives and Records Administration
9th and Pennsylvonia Ave. NW
Washington, DC 20408
tel; 202-501-5506
fox: 202-273-3139
National Archives and Records Administration
FILE No. 876 07/12 '96 12:12 ID:MENENDEZ DC
PAGE 5
07/12/98
08:04
3017137270
NARA PIRM ARCHII
002/003
National
AND RECOADS
Archives
Wasbington, DC 20408
(De)
Date :
July 12, 1996
Reply to
Attn of :
Archivist of the United States
Subject :
Replacing the New York Federal Records Center
To
:
All employees, New York Federal Records Center
When I met with you in February, we talked about NARA's high and growing space cost
and about the future of the records center when MOTBY closes in 1998. 1 promised to
let you know as soon as I made a decision.
As you know, I had a special task force review all the options available to NARA in
dealing with the forced closing of the MOTBY facility. The options ranged from moving
the center within the local commuting area to various locations throughout the country.
After considering all options, I have accepted the task force recommendation that the
records be relocated to the Kansas City, Missouri area, primarily because of the substantial
long-term cost savings to NARA. Over 20 years, we can achieve a cost saving of at least
$14 million and as much as $23 million and at the same time maintain our high level of
customer service.
This decision was not reached lightly since NARA has a dedicated, experienced, and loyal
staff at Bayonne. I cannot yet give you firm dates, but it is most likely that we will begin
the move in the spring of 1997 and finish by the summer of 1998. As soon as we have a
fum timetable, I will let you know.
In the video last week on Strategic Directions, I discussed NARA's general need to
reduce space costs through consolidation. I said that during the process of consolidation
we would work with the Union to help any affected NARA employees move or find
another job and to do everything possible to case the transition. This means that we will
do everything possible to assist each of you in moving to another job in NARA or finding
other employment in the Bayonne area.
If you are full-time or part-time career employee, we will attempt to place you in a
position at the same grade and step in Kansas City or another NARA location, and we will
pay your moving expenses as authorized in the Federal Travel Regulations. We will retain
at least one ongoing position in records management in New York City to provide
continuing assistance to agencies. ADM-HRS will write instructions to ensure that you
are considered for vacancies throughout NARA
National Andrives and Records Administration
FILE No. 876 07/12 '96 12:13 ID:MENENDEZ DC
PAGE 6
07/12/98
08:05
3017137270
NARA PIRM ARCHII
003/003
2
If you are an intermittent career employee, we will attempt to offer you a full-time career
position at the same grade and step in Kansas City or another location, and we will pay
your moving expenses as authorized in the Federal Travel Regulations.
If you are a non-career intermittent, we will retain you in your position for as long as
possible, and we will work with you to help you find another job.
If we offer you a position in another location and you choose not to accept it, we will
retain you in your current position for as long as we can, and we will work with you to
help you find another job in the Bayonne area.
I am sure that you have many questions and concerns that I couldn't possibly address in
this letter. Dave Peterson and Greg Pomicter, NC, and Hank Leibowitz, ADM-HRS, will
meet with you today to provide you with additional information and answer as many
questions as they can.
They will return during the last week of August, with additional staff, to outline our
detailed plans for providing placement assistance and meet with each of you to hear your
individual concerns and answer specific questions about benefits, relocation, and other
personnel issues.
If you have any questions that are not answered in the initial meeting today, or have any
information or concerns that will help us prepare for the late August meetings, please send
them to Dennis Melton (e-mail: dmelton; telephone: 314-538-4953) or give them to Karen
Lucas or Marge Nahrwold to forward to Mr. Melton as soon as you can.
I know this will be 8 trying time for all of you, but I'm committed to going beyond the
minimum required and doing as much as I possibly can to assist each of you.
JOHN W. CARLIN Carlin
Archivist of the United States
17 June 1996
MEMORANDUM TO TOM SHEA
From:
Harold Ickes
We
Re:
United States Attorney - Dade County
On 28 May I met with Congressman Robert Menendez of New Jersey
who said that Andreas Rivero, who apparently is an attorney in
the law firm with Marvin Rosen (the chief fundraiser for the DNC)
and is the nephew of the last democratic president of Cuba. He
is a trial lawyer and a former Assistant United States Attorney.
Congressman Menendez suggested he would make a good candidate for
the current United States Attorney position in Dade County which
is currently open.
Let's discuss.
FILE No 098 05/09 '96 11:31 ID:MENENDEZ DC
PAGE 3
ROBERT MENENDEZ
REPLY TO:
13TH DISTRICT, NEW JERSEY
1730 LONGWORTH HOUSE O.B.
WASHINGTON, pc 20515-3013
COMMITTEE ON TRANSPORTATION
AND INFRASTRUCTURE
DISTRICT OFFICES:
SUICOMMITTEES:
911 BERGEN AVENUE
AVIATION
JERSEY CITV, NJ 07306
WATER RESOURCES
(201) 222-2828
COMMITTEE ON INTERNATIONAL
Congress of the United States
864 AVENUE C
RELATIONS
BAVONNE, NJ 07002
(201) 823-2900
SUBCOMMITTE:
house of Representatives
276 HOMANT STREET
WESTERN HEMISPHERE AFFAIRS
PERTH AMBOY, NJ 08861
(908) 324-6212
DEMOCRATIC WHIP AT LARGE
Mashington, DC 20515-3013
May 8, 1996
To:
Harold Ickes
file issues
From:
Bob Menendez
Re:
Stevens Institute
CC:
Janice Enright
Harold:
Pursuant to our conversation, I would appreciate your help with
solving Steven's final year funding problem of $1.3 million from the
Navy for their Advanced Telecommunications Institute.
Steven's was expecting the Navy to exercise the last year of this
important job producing program in my district. Thus far, the Navy
has been reluctant to do SO. Both Senator Lautenberg and Rep.
Murtha have weighed in with the Secretary of the Navy and I
understand that Bell Atlantic is reaching out to you as well.
I am enclosing a copy of the Navy's letter to Stevens. A phone call
from you to Secretary Dalton may help solve this problem and create
more job opportunities for our constituents.
Thank you again for your assistance.
THIS STATIONCRY PRINTED ON PAPER MADE OF HECYCLED FIBERS
05-28-1996 15:36
703 693 6908
OSD/WH LIAISON
P.02/02
Mininday
Mary
don't need it
TO:
Harold Ickes
enough $ anyway
quition that its
THROUGH: Tom Shea
question whither its mally anyong 43dom
won't purchase it fdom
FROM:
Charlie Duncan
holding up $44mill. in
DATE:
May 24, 1996
aprop. carmonled projuts
RE:
Stevens Institute, N.J.
After consplations with the Office of the Comptroller, John Hamre, I am told that OSD
has no funds specifically allocated for this purpose nor did Congress allocate any specific
funding in this regard therefore funding would have to come directly from the Navy.
After consultation with the Office of the Assistant Secretary of the Navy, John Douglass,
and specifically Admiral Poliath I can report the following:
The Navy is not in favor of further funding to Stevens. The project for which Stevens is
seeking additional funding is not a priority to the Navy. The Navy has given Stevens 4.4
million dollars. Four hundred thousand dollars has already been given to Steven to fund
this project. While they claim that 60% is finished, the funds would have to be taken
from other higher priority projects.
In an atmosphere of continued cut backs and downsizing funds are very judiciously
allocated. They feel that they have similar systems deployed at this time and that the
Stevens project would not be of significant enough use to justify an additional 1.3 million
dollars. CNO/OPNAV/NAVAIR confirms that if they had the system they would use it
but not a high priority.
Finally, this is the second time that Stevens has asked for nominal start up funds then
return for additional substantial funding once the project is launched. The Navy is not
willing to participate in another similar funding practice for this project although they
admit that Stevens is a good company with good people.
05-28-1996 15:36
703 693 6908
OSD/WH LIAISON
P.01/02
BARNET "Ip ESE
OFFICE OF THE SECRETARY OF DEFENSE
WASHINGTON. DC 20301-1000
1
WHITE HOUSE LIAISON
FAX
TO:
Tom Shia
FROM:
CHARLIE DUNCAN
FAX #: 703-693-6908
VOICE: 703-693-0664
DATE:
# OF PAGES (including cover) 2
COMMENTS:
FILE No. 187 05/22 '96 08:59 ID:MENENDEZ DC
PAGE 1
ROBERT MENENDEZ
REPLY TO:
13TH DISTRICT. NEW JERSEY
1730 LONGWORTH HOUSE D.B.
WASHINGTON, DC 20616 3013
COMMITTEE ON TRANSPORTATION
DISTRICT OFFICES:
AND INFRASTRUCTURE
SUBCOMMITTERS:
911 BERGEN AVENUE
JERSEY CITY. N.I 07306
AVIATION
WATER RESOURCES
(201) 222-2828
Congress of the United States
I.I
664 AVENUE C
COMMITTEE ON INTERNATIONAL
BAYONNE, N.I 07002
RELATIONS
(201) 823-2900
SUBCOMMIT
WESTERN HEMISPHERE AFFAIR5
Douse of Representatives
275 HORAHT STMEE Γ
PERTH AMBOY, NJ 06861
(308) 324-0212
DEMOCRATIC WHIP AT LARGE
Mashington. DC 20515-3013
May 21, 1996
TO:
Tom Shea
FROM: Michael Hutton
RE:
Stevens Institute
As per your request, I faxed Fred Haggard the information on
Stevens. Please let me or Bob know if there is anything we need to
do to close the loop on this or if the Comptroller requires
additional information.
Thank you for your assistance.
THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS
FILE No. 098 05/09 '96 11:32 ID:MENENDEZ DC
PAGE 4
PEB-29-1096 10:16
AT 1, STEVENS TECH
201 216 5057 P.03
DEPARTMENT OF THE NAVY
FLYET ANDINIDUSTRIAL SUPPLY CENTER NORFOLK
RETACHMENT PHILADELPHIA
TOO AVENUE BUILDING as
LPHIA. PA.ISTR-2053
REPLY 42FTR to
4200
0223D:WDN
23 FEB 96
Stevens Institute of Technology
Castle Point on the Hudson
Hoboken, NJ 07030
Attn: Dr. D. R. Vamen
Subj: Contract N00140-94-C-BC03
Ref(a) FISC NORVA Det Phila Letter dated 24 JAN 96
Dear Dr. Vaman:
FISC NORVA Det Phila forwarded reference (a) notifying the Stevens Institute of the
Goventment's intention to exercise Option II under Contract N00140-94-C-BC03 for continued
research at the Advanced Telecommunications Institute for the Naval Air Warfare Conter,
Aviation Division Lakehurst during the period 24 Feb 96 through 23 Feb 97. Reference (a)
however, further advised that the issuance of this notice "shall not deem to commit the
Government to this renewal" Unfortunately, the ONR Manufacturing, Science and Technology
Program Office has advised that it does not intend to fund this effort any further due to limited
resources. Therefore, the purpose of this letter in to inform the Stevens Institute that Option II
under the subject contract will not be exercised.
Please address any questions to Mr. William D. Niewood who can be reached at (215) 697-
9653.
Sincerely,
Mariof Cesarone
Mario I Costoms
Contracting Officer
TOTAL P.03
MAR 11'96 10:42 No.006 P.04
FILE No. 136 05/14 '96 13:12 ID:MENENDEZ DC
PAGE 2
April 12, 1996
To: Bob Menendez
From: Hal Raveché
Subject: White House help with Secretary of Navy and DoD Controller
1. Problem to be solved: Secure final phase funding (3rd year) from the Navy
to complete the software systems on the development by our Advanced
Telecommunications Institute (ATI) to improve the safety of the launch
and recovery of Navy aircraft. The amount of funding needed is $1.3
million.
2. Background: In federal fiscal years 1993 & 1994, the Congress appropriated
$2.4 million and $2.2 million respectively for the ATI. The Navy assigned
these Congressionally earmarked funds to the Navy Manufacturing
Technology Office in the Office of Naval Research. The Navy customer is
the Naval Air Warfare Center in Lakehurst, NJ.
Telecommunications is New Jersey's largest industry and the project has
spinoffs to the private sector which is already attracting Industry support. Final
year funding will solidify this industry support becasue the project will have
been completed.
The contract began on Feb. 24, 1994, through Feb. 24, 1996, and the Navy had
the option to complete the project in the third and final year at the level of $1.3
million. Although no funds were appropriated for this project in FY96, strong
Congressional support indicates that John Hamre, Controller of the DoD, is
willing to help the Navy solve the money problem.
3. Congressional and industrial support: There is strong bipartisan
Congressional support to complete the project.
Senator Lautenberg of NJ has called and written to Mr. Hamre.
Congressman Murtha of PA has spoken to Mr. Hamre.
Congressman Saxton of NJ has called Secretary Dalton.
Congressman Young of FL has called the Controller of the Navy.
Bell Atlantic has strongly endorsed the project.
4. White House support: A call from the White House to Mr. Hamre and
Secretary Dalton would help resolve the problem at this time.
If asked, Admiral Studeman, who retired in December, 1995 from the U.S.
Navy, and was former director of the NSA and acting director of the CIA, can
comment on the quality of the project.
ZO'd £00'0N 12:48
96.01
ABW
102012168250
A30-S388/1IS
FILE No. 138 05/14 '96 13:39 ID:MENENDEZ DC
PAGE 1
ROBERT MENENDEZ
13TH DISTRICT, NEW JERSEY
REPLY TO:
1730 LONGWORTH HOUNK O.B.
COMMITTEE ON TRANSPORTATION
WASHINGTON, DC 20615-3013
AND INFRASTRUCTURE
DISTRICT OFFICES:
SUBCOMMITTEES:
911 BERGEN AVENUE
AVIATION
WATER RESOURCES
JERSEY CITY, NJ 07306
(201) 222-2020
COMMITTEE ON INTERNATIONAL
RELATIONS
Congress of the United States
654 AVENUE c
BAYONNE, NJ 07002
SUBCOMMITTEE:
(201) 823-7900
WESTERN HEMISPTIERE AFFAIRS
house of Representatives
275 HOBAHY STMEET
PERTH AMMOY, NJ 08861
(908) 324-8212
DEMOCRATIC WHIP AT LARGE
Hashington, DC 20515-3013
FACSIMILE COVER SHEET
Date:
5/14/96
To:
Tom shet
456-2459
From:
Michael Hutton
Pages to follow:
Thanks for sam help
Re:
Message:
Phone: (202) 225-7919. Fax: (202) 226-0792
THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS
0
FILE No. 138 05/14 '96 13:40 ID:MENENDEZ DC
PAGE 2
April 12, 1996
To: Bob Menendez
From: Hal Raveché
Subject: White House help with Secretary of Navy and DoD Controller
1. Problem to be solved: Secure final phase funding (3rd year) from the Navy
to complete the software systems on the development by our Advanced
Telecommunications Institute (ATI) to improve the safety of the launch
and recovery of Navy aircraft. The amount of funding needed is $1.3
million.
2. Background: In federal fiscal years 1993 & 1994, the Congress appropriated
$2.4 million and $2.2 million respectively for the ATI. The Navy assigned
these Congressionally earmarked funds to the Navy Manufacturing
Technology Office in the Office of Naval Research. The Navy customer is
the Naval Air Warfare Center in Lakehurst, NJ.
Telecommunications is New Jersey's largest industry and the project has
spinoffs to the private sector which is already attracting industry support. Final
year funding will solidify this industry support becasue the project will have
been completed.
The contract began on Feb. 24, 1994, through Feb. 24, 1996, and the Navy had
the option to complete the project in the third and final year at the level of $1.3
million. Although no funds were appropriated for this project in FY96, strong
Congressional support indicates that John Hamre, Controller of the DoD, is
willing to help the Navy solve the money problem.
3. Congressional and industrial support! There is strong bipartisan
Congressional support to complete the project.
Senator Lautenberg of NJ has called and written to Mr. Hamre.
Congressman Murtha of PA has spoken to Mr. Hamre.
Congressman Saxton of NJ has called Secretary Dalton.
Congressman Young of FL has called the Controller of the Navy.
Bell Atlantic has strongly endorsed the project.
4. White House support: A call from the White House to Mr. Hamre and
Secretary Dalton would help resolve the problem at this time.
If asked, Admiral Studeman, who retired in December, 1995 from the U.S.
Navy, and was former director of the NSA and acting director of the CIA, can
comment on the quality of the project.
MAY 14'96 12:48 .003 P.02
ID:20/2168250
A30-S388/1IS
FILE No. 098 05/09 '96 11:31 ID:MENENDEZ DC
PAGE 3
ROBERT MENENDEZ
REPLY TO:
13TH DISTRICT, NEW JERSEY
1730 LONGWORTH HOUSE O.B.
COMMITTEE ON TRANSPORTATION
AND INFRASTRUCTURE
SUBCOMMITTEES:
5/10 Send to
AVIATION
WATER RESOURCES
Congress of the United §
Tom Shea
COMMITTEE ON INTERNATIONAL
RELATIONS
SUBCOMMITTE:
WESTERN HEMISPHERE AFFAIRS
house of Representatibes
DEMOCRATIC WHIP AT LARGE
Washington, DC 20515-3013
Tom please
May 8, 1996
look into this
for Harold
To:
Harold Ickes
From:
Bob Menendez
Re:
Stevens Institute
J.
CC:
Janice Enright
Harold:
Pursuant to our conversation, I would appreciate your help with
solving Steven' 8 final year funding problem of $1.3 million from the
Navy for their Advanced Telecommunications Institute.
Steven's was expecting the Navy to exercise the last year of this
important job producing program in my district. Thus far, the Navy
has been reluctant to do 80. Both Senator Lautenberg and Rep.
Murtha have weighed in with the Secretary of the Navy and I
understand that Bell Atlantic is reaching out to you as well.
I am enclosing a copy of the Navy's letter to Stevens. A phone call
from you to Secretary Dalton may help solve this problem and create
more job opportunities for our constituents.
Thank you again for your assistance.
5/14- ash Tom if Le's
got any info
for me A this
H
THIS STATIONERY PHINTED ON PAPER MADE OF HECYCLED FIBERS
FILE No. 098 05/09 '96 11:32 ID:MENENDEZ DC
PAGE 4
FEB-29-1996 10:16
A T 1, STEVENS TECH
201 216 5057 P.03
DEPARTMENT OF THE NAVY
FLEET ARE INQUETRIAL SUPPLY CENTER NORFOLM
RETACHMENT PHILADELPHIA
THE ROBINE AVENUE BUILDING $0
LIFER.
I 1
4200
0223D:WDN
23 FEB 96
Stevens Institute of Technology
Castle Point on the Hudson
Hoboken, NJ 07030
Attn: Dr. D.R. Vamen
Subj: Contract N00140-94-C-BC03
Ref(a) FISC NORVA Det Phila Letter dated 24 JAN 96
Dear Dr. Vaman:
FISC NORVA Det Phila forwarded reference (a) notifying the Stevens Institute of the
Goventment's intention to exercise Option II under Contract N00140-94-C-BC03 for continued
research at the Advanced Telecommunications Institute for the Naval Air Warfare Center,
Aviation Division Lakehurst during the period 24 Feb 96 through 23 Feb 97. Reference (a)
however, further advised that the Issuance of this notice "shall not deem to commit the
Government to this renewal." Unfortunately, the ONR Manufacturing, Science and Technology
Program Office has advised that it does not intend to fund this effort any further due to limized
resources. Therefore, the purpose of this letter in to inform the Stevens Institute that Option II
under the subject contract will not be exercised.
Please address any questions to Mr. William D. Niewood who can be reached at (215) 697-
9653.
Sincerely,
Mariog Asarone
Mario I Costrone
Contracting Officer
TOTAL P.03
MAR 11'96 10:42 No.006 P.04
Dept. of army
holding off on
sending (pn disc. not Lydia
(76/21/7
07-11-1996 18:32
7036951717 6973333
SEC OF THE ARMY
P.02
DEPARTMENT OF T ARMY
OFFICE OF THE ASSISTANT SECRETARY
50°
INSTALLATIONS LOGISTICS AND ENVIRONMENT
110 ARMY PENTAGON
WASHINGTON DC 20310-0110
Fib
Honorable Robert Menendez
House of Representatives
NJissus
Washington, D.C. 20515
Dear Congressman Menendez:
This replies to your letter to the Honorable Togo D. West, Jr., Secretary of
the Army, concerning the dredging of the harbor surrounding the Military Ocean
Terminal, Bayonne.
Originally, the Army planned to fund the dredging project in fiscal year
1995 using a combination of Defense Base Operating Fund and Operation and
Maintenance, Anny funds totaling $23.9 million. The project would have
increased the depth of the harbor so military vessels could be loaded to full
capacity at Bayonne.
The Anny withdrew approval authority for this project when the Military
Ocean Terminal at Bayonne was identified for closure. As a result, there was no
longer any need to dredge the harbor. Also, such dredging is not required as part
of any ongoing environmental restoration effort. Therefore, the Army redirected
these funds to other projects. They are part of the savings considered by the
Defense Base Closure and Realignment Commission as it analyzed the closure
of Bayonne. In this era of decreasing funding levels, the Anny does not have
funds available to fund projects which do not support our mission. Nevertheless,
we will continue to work hard to make civilian reuse of the Military Ocean
Terminal, Bayonne a success.
I trust this information will be of assistance.
Sincerely,
DRAFT
07-11-1996 18:32
7036951717 6973333
SEC OF THE ARMY
P.01
OFFICE OF THE SECRETARY OF THE ARMY
Room 3E700, The Pentagon
Washington, DC 20310
Phone: (703) 695-1717
DSN: 225-1717
Fax: (703) 697-3333
DSN: 227-8036
Secure Fax: (703) 693-6289
DSN: 223-6289
Date/Time: 7/8
To:
TOM SHEA
Phone:
Fax: 456.2905
Pages (+ cover sheet):
Subject:
From: Lydia Muniz
19 June 1996
MEMORANDUM TO SANDY BERGER
ALEXIS HERMAN
CC:
Tom Shea
From:
Harold Ickes
Re:
Congressman Robert Menendez
On 18 June 1996, Tom Shea and I met with Bob Menendez and his
Administrative Assistant.
1. Dredging: He is concerned about the EPA's proposed rule that
would continue dredging in the New York/New Jersey harbors. He
is to meet with Congressman Torricelli and Congressman Pallone,
both of whom apparently disagree with Congressman Menendez'
approach. Not your problem.
2. Radio Marti: He applauds the Administration's supporting
moving of Radio/TV Marti headquarters to Florida. He strongly
suggests a ribbon cutting event with a high level member of the
Administration. Preferably the President but, in the
alternative, the Vice President.
3. Enforcing Helms/Burton: He is very concerned about the
upcoming waiver under title 3 of Helms/Burton which gives the
right of U.S. citizens to sue regarding "confiscated" property in
Cuba. He warns that if the President waives this right, much of
the ground gained over the past months with the Cuban American
"community" will be lost. I know from your response to me on 17
June, that you are working through some options and we need to
discuss at your convenience.
4. Project Exodus: According to the Congressman, under
Reagan/Bush, individuals of Cuban dissent in third countries were
permitted to emigrate to the United States after all
sponsors/papers were approved. He very much urges that this
program be re-implemented (I'm not even sure whether or not it is
continuing at this point).
follotic
5. 13 July flotilla: He is working closely with the group that
is planning the 13 July flotilla which apparently is the
anniversary of the ramming of the tugboat by the Cuban government
which resulted in many deaths. Apparently the flotilla wants to
go into Cuban waters (which they say they have a right to do
under international law). He thinks the flotilla should be
permitted to go forward, under controlled circumstances. On 17
June you wrote me a note that you had or were meeting with
Sanchez, who is planning the flotilla, and agreed that the State
Department would work with him and that you were calling
Congressman Menendez today so that he could inform Sanchez.
In this regard, the Congressman referred to an executive order
adopted by the President that is "onerous" to the goals of the
flotilla, or at least what they want to achieve.
6. Roberto Rodriguez Tejeda: According to the Congressman he is
a new station manager of a fairly well known, widely listened to
Cuban American radio station in Miami. His predecessor,
according to Congressman Menendez, was a very conservative
X
Republican. He urges that Tejeda be given press credentials and
that we establish some contact with him. I will have Alexis and
Tom Shea follow up on this.
7. Maria Salazar of Telemundo: He said that Ms. Salazar was
favorably disposed towards the initiatives of the Administration
regarding Cuba and he urged very strongly that she be given a 10
School.
to 15 minute interview with the President. Apparently she is not
favorably disposed toward Senator Dole and is of the view that
Has
Dwayne Andreas and the Archer Daniel Midland Company have worked
against the interests of Cuban Americans vis-a-vis Cuba. As I
understand it, it is her view that while Senator Dole has talked
a good line regarding the interest of Cuban Americans vis-a-vis
Cuba, he has done nothing.
net through Susana Valdy
++ Hisping prior ?
-
Tom-
this is the only
thing I Sand.
Tenantz, Bob
rans
EXECUTIVE OFFICE OF THE PRESIDENT
13-Jun-1996 10:37am
TO:
Janice A. Enright
FROM:
Suzanna Valdez
Office of Public Liaison
SUBJECT: Cong. Menendez mtg w/Sandy Berger
I understand that Cong. Menendez will be meeting w/Sandy Berger
to request that Sandy meet w/Ramon Saul Sanchez, head of the
Democracia Cubana (The Cuban Democracy Movement) This is a newly
formed Miami organization that is responsible for organizing
flotilla's in the Florida Straits. He is organizing one for next
week.
It may not be in the WH best interest for this meeting to occur.
To provide Cong. Menendez an option, we should recommend that the
State Department arrange a meeting w/Mr. Sanchez.
I believe Harold may be asked to get involved, therefore, I will
be forwarding you addtional information.
6/14
Harold- are you aware of This ?
EXECUTIVE OFFICE OF THE PRESIDENT
10-Jul-1996 10:49am
TO:
Thomas A. Shea
FROM:
Terri Tingen
Office of the Chief of Staff
SUBJECT: Miami Flotilla Meeting
You are invited to a meeting in Leon's office tomorrow from 11:00-11:30 on the
Miami flotilla. Other invitees are Secretary Pena, Tarnoff (from State),
Dobbins (NSC), and Suzanna Valdez. The meeting was requested by Sandy Berger
who will also be attending.
Flotilla
hizacker/pilat in Guantanamo
Title IVI Hillmo/Burtor
UN alays report re: shootdown
Sanchey - flotilla organizer
- served from for pailin to coop. in pros. ofa throut
- has sina renourced violence
Mindy - bad for POTUS to interene
Industrind & it
will uspect it
try to get Smokery to make statement M: expensing industanding
of us law, conformance
make it char if he gooists Alban water, , wi
w/us policy etc.
would have do arrust him upon return
no POTUS nts.
Somehey wants @ WH indorsement
Q: are are willing to hold them for sailing if I this commitment reached
Option Excharge of ir Menenday outlining
:
Gorl of us support for concept/might toong. flotilla
and commitionst of Sanching
not: fact that dec. on
don't want
Halms / Buton Tith III
note Chiles has also signed a Halms I Buton type measure
waiver is still prnding
so for Mr to wave would also Mr countr to FL law r
embainess Chilis
may help termper
Sarchez a behavin
accept our
Outsom: of Smalley donsn't alhouds offer - From littling to stop flotill
Note: not have never stopped anyone fo. leaving part of Miami
band on suspicion that they would intr Cuban waters
Waynan / Rr might have prot. cause to susport one visalis going
he diclares his going to Cuba - aton Hotilla
he leaves it inclear
- up. would have to be changed to
Coast Hunds supropay
allow Great stopping flotilla based
on evidence
1 Market sign pledge (mach master) preognizing U.S. law (and phdging
to comply it it >) - wast Thank mgs would have to be
changed to rigurn admin.
First optin : Sunchez give commitment to Menerdy who gives
commitment to us
or will napirt law)
it they
try to
if comm. given - flatills can so
if not flotilla will be stopped
Cubar water
get into
once out there,
C.G. this to
stop
if no
mg. comm. aminded & C.G. intent stops the
flotilla Unsed on sign
Banulto ALJ
~ CF denied Moration of birns & imposed suspension (190 day)
Just. attp. believe appral may be nuccessful
hijachn/pilot
introand My INS DIA
could be prosecuted inv.s. (w/ coop. of then who went backt Cuba)
(Justin believe) statute)
better than granting asylum
- better than sending back
FBI crim. dir. has sist agest to int. higher
prosection put, world be in norfolk
annc. after Helmo / Bunta but pre UN debate proposed my Tainty
not totalits of writs
Could be very anti Ambans
From : Centra 1 Amer: i caWork ngGroup2025437647
Jul.11.1996 02:27 PM
P01
Latin America Working Group
formerly the Central America Working Group
a project of the National Council of Churches
110 Maryland Ave., NE - Box 15
Washington, DC 20002
fil-cuta
Phone: (202) 546-7010
Fax: (202) 543-7647
TO: Mr. Harold Ickes Deputy Chief of Staff
FROM:
DATE: July 11,1996
NUMBER OF PAGES (INCLUDING COVERSHEET): 6
COMMENTS
From : Central Amer caWork ingGroup2025437647
Jul. 11. 1996 02:27 PM
P02
July 11, 1996
President William Clinton
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Dear President Clinton:
We, the undersigned religious, human rights, policy, grassroots and development organizations,
are writing to encourage you to waive implementation of Title III of the Cuba Liberty and
Democratic Solidarity Act, better known as the Helms-Burton Act. On or before July 15th, you
will have an opportunity to waive Title III if such a waiver "is necessary to the national interest of
the United States and will expedite a transition to democracy in Cuba." There are several reasons
why a failure to waive Title III will violate these ends.
First of all, if you fail to waive Title III, normalization of relations with Cuba will be next to
impossible, and the misery of the Cuban people will continue unabated. A financially-strapped
Cuban government will never be able to pay the billions of dollars that will be levied against the
Cuban government in lawsuits brought under Title III. Nor will Cubans be willing to turn over
expropriated properties in lieu of payment, thus further bankrupting their economy. On the
United States side, conservative Cuban-Americans will make it politically impossible for the
United States to ignore their claims in hopes of obtaining rapprochement with a transitional Cuban
government. These Cuban-Americans will also have constitutional grounds for maintaining their
claims.
The ensuing stalemate will make any national reconciliation in Cuba extremely difficult. The
United States, instead of promoting interminable divisiveness, should be encouraging dialogue and
reconciliation between Cubans and Cuban-Americans. Furthermore, the people of Cuba have
endured a four-decades-long embargo; we need a different approach. Whatever problems the
United States may have with the Cuban government, it is clearly immoral for the United States
government to make the people of Cuba suffer further.
In addition, our closest allies have expressed their opposition to Helms-Burton provisions in the
strongest possible terms. Every other member of the G-7 industrialized nations is opposed to the
Helms-Burton Act; the last vote in the United Nations was 117 to 3 against the embargo without
the added intensifier of the Helms-Burton Act. OAS members voted against this legislation 23 to
1. Canada and Mexico are contesting the law as a violation of NAFTA, and the European Union
is protesting its provisions at the World Trade Organization Canada has gone a step further in
threatening retaliatory legislation should you fail to waive Title III. If we are asking China to
follow international norms regarding intellectual property, we need to be consistent in adhering to
international law in the area of repatriated property.
Finally, implementation of Title III will burden our already overburdened courts if thousands of
Cuban-Americans file suit pursuant to the Act. Implementation will leave us with no way to
From : CentralAmericaWorkingGroup2025437647
Jul.11.1996 02:27 PM
P03
encourage a more open society in Cuba. In addition, not only do we lose jobs by not allowing
U.S. businesses to invest in Cuba, but we also lose jobs when, for example, a Spanish hotel chain
decides to build in Cuba, but not in the United States, because it fears litigation here.
For all of these reasons, we urge you to waive implementation of Title III of the Helms-Burton
Act on or before July 15th. Title III will profoundly exacerbate the conflict between our two
countries, and dramatically prolong the time needed to resolve the long-standing conflict between
the United States and Cuba.
Sincerely,
James A. Matlack
Director
American Friends Service Committee, Washington Office
John Ruthrauff
Executive Director
Center for Democratic Education
Michael Willis
Washington Director
Center for Human Rights and Legal Action
Wayne Smith
Senior Fellow
Center for International Policy
Timothy A. McElwee
Director
Church of the Brethren, Washington Office
Cherrene Horazuk
Executive Director
Committee in Solidarity with the People of El Salvador (CISPES)
Lourdes Prado
Editor
Cubalnfo
Fr. Robert J. Brooks
Director of Government Relations
The Episcopal Church
To respond to this letter please contact David Rabin, Cuba Policy Advocate, Latin America Working
Group, 110 Maryland Avenue, NE, Box 15, Washington, DC 20002. Telephone (202)546-7010.
From : Centra Amer caWorkingGroup2025437647
Jul.11.1996 02:27 PM
P04
Sally Hanlon
Washington Office
Fellowship of Reconciliation
Joseph Nangle
Executive Director
Franciscan Mission Service
Joe Volk
Executive Secretary
Friends Committee on National Legislation
Alice Zachmann
Director
Guatemala Human Rights Commission
Grahame Russell
Director
Guatemala Partners
Mary Peter Bruce, S.L.
Staff Liaison, Latin America/Caribbean Committee
Loretto Community
Mark B. Brown
Assistant Director for Advocacy
Lutheran Office for Governmental Affairs,
Evangelical Lutheran Church in America
Marie Dennis
Associate for Latin America
Maryknoll Justice and Peace Office
Linda Shelly
Secretary for Latin America/Caribbean
Mennonite Central Committee
Philip L. Borkholder
Executive Director
National Interreligious Service Board for Conscientious Objectors
Gwen Schneider
Executive Director
Neighbor to Neighbor
From : Centra 1 Ameri caWorkingGroup2025437647
Jul. 11. 1996 02:27 PM
P05
Kathy Thornton, RSM
National Coordinator
NETWORK: A National Catholic Social Justice Lobby
Lael Parish
Executive Director
Network in Solidarity with the People of Guatemala (NISGUA)
Katherine Hoyt
National Co-Coordinator
Nicaragua Network
Rita A. Clark
Executive Director
Nicaragua-United States Friendship Office
Pierre M. LaRamee
Executive Director
North American Congress on Latin America
Michael Delancy
Regional Director for Latin America
Oxfam America
Alice Walters
Mark Saucier
National Coordinators
Peru Peace Network
Elenora Giddings Ivory
Director, Washington Office
Presbyterian Church (USA)
Alan Gold
Senior Legislative Advisor
RESULTS
David B. Schott *
Eastern States Coordinator
Sister Parish
Jay Lintner
Director, Washington Office
United Church of Christ - Office for Church in Society
From : Centra Amer i caWorkingGroup2025437647
Jul.11.1996 02:27 PM
P06
David Vargas
Executive Secretary-Latin America and the Caribbean
Common Global Ministries Board
United Church of Christ/Christian Church, (Disciples of Christ)
Dr. Thom White Wolf Fasset
General Secretary
United Methodist Church, General Board of Church in Society
George Vickers *
Director
Washington Office on Latin America
Steven Bennett
Executive Director
Witness for Peace
Anna Rhee
Executive Secretary for Public Policy
Women's Division, Office of Public Policy
United Methodist Church
Edith Villastrigo
National Legislative Director
Women Strike for Peace
* Institutional affiliations are given for identification purposes only.
cc:
Warren Christopher, Secretary of State
Leon Panetta, White House Chief of Staff
Harold lckes, Deputy Chief of Staff
James Dobbins, Senior Director for Inter-American Affairs, National Security Council
Eric Schwartz, Democracy Unit Director, National Security Council
Jeffrey Davidow, Assistant Secretary of State for Inter-American Affairs
John Hamilton, Deputy Assistant Secretary of State for Inter-American Affairs
Michael Ranneberger, Cuba Desk Coordinator, Department of State
Memorandum
from the desk of
KENNETH J. KLEIN
July 16, 1996
ADMINISTRATIVE ASSISTANT
OFFICE OF SENATOR BoB GRAHAM
(202) 224-1544
Tom:
filenta
Thanks for your help in
Advancing the Diaz nomination.
Enclosed is
Miami Herald of July 13.hooks
good.
Best,
Den.
Cubano sería
primer hispand
Clinton postula a cubano
a junta nuclear
para Comisión Nuclear
RADIO, DE3A
Diaz tiene más de 25 años de
For ROXANA SOTO
pública, nacional y la del medio
experiencia en el área de ingenie
Especial para El Nuevo Herold
ambiente en relación al uso de
ría nuclear en los campos educa-
materiales nucleares en Estados
tivos e industriales. Además ha
Por primera vez en 26 años de
Unidos. Entre sus labores están
servido como asesor de la Comi-
existencia, la Comisión de Regu-
supervisar las plantas de energía
sión de Regulación Nuclear de
lación Nuclear (NRC) podría
nuclear en el país y regular el
España, ha publicado más de 70
tener a un hispano como uno de
transporte, almacenamiento y
artículos sobre múltiples temas
sus cinco miembros.
desecho de materiales nucleares.
relacionados con la energia
El presidente Bill Clinton
Diaz. quien nació en Cama-
nuclear y ha sido merecedor del
anunció el viernes que había pro-
güey, Cuba, Uegó a Miami en
reconocimiento público.
puesto al cubanoamericano Nils
1961. Estudió ingeniería mecá-
J. Diaz, profesor de ingeniería
nica en la Universidad de Villa-
nuclear de la Universidad de la
nova en Cuba y obtuvo su Maes-
Florida (UF), para lienar una de
tria y Doctorado en la UF.
las vacantes en la NRC. La nomi-
Además de ser profesor de esa
Diaz tiene más de
nación ha sido presentada al
universidad durante más de 25
Senado para su consideración.
años, Diaz es director de un cen-
25 años de
Para la otra vacante ha sido pro-
tro multinstitucional de investi-
puesto Edward McGaffigan, de
gación y capacitación nuclear.
Arlington, Virginia.
Diaz
experiencia en el área
"El profesor Diaz se ha desta-
"Me siento muy bien. Creo que
cado en la comunidad cubanoa-
de ingenieria nuclear
esto va a ser un honor para la
mericana", opinó el senador Bob
comunidad hispanoamericana",
Graham, demócrata por la Flo-
6
dijo Diaz, de 58 años. "Ha sido
Creo que esto va a
en los campos
rida. "La regulación del poder
un proceso largo y aunque al
nuclear y de las investigaciones
principio sentía una gran incerti-
ser un honor para la
educativos e
nucleares exige las mejores men-
dumbre ya que no conocia el pro-
tes, las personas más inteligentes
comunidad
industriales F.
ceso, tuve la suerte de tener el
y más responsables de nuestra
apoyo de varias figuras politi-
nación. El doctor Diaz está entre
cas".
hispanoamericana 7.
los mejores de las tres catego-
La NRC es la agencia encar-
rías".
NILS J. DIAZ
gada de proteger la seguridad
Cientifico nominado
VEA NUCLEAR, 4A
Su madre Dalia Rojas Chao
quien vive en Miami se sleme
orgullosa.
Page
Paper
"Estoy muy contenta, muy
orgullosa", dijo. "El ba trabajado
JUL 3 1996
mucho y creo que se lo merece:
Siempre me dijo que un día me
iba a dar una sorpresa may
JO
grande".
11
FILE No. 935 07/16 '96 20:26 ID:MENENDEZ DC
PAGE 2
ROBERT MENENDEZ
13TH DISTRICT, NEW JERSEY
fibubo
HEPLY TO:
1730 LONGWORTH House O.B.
WathinGTon, DC 20616-3013
COMMITTEE DN THANSPORTATION
DISTRICT OFFICES:
AND INFRASTAUCTURE
911 BERGEN AVENUE
SUBCOMMATTEES:
JERGEY CITY. N.I. 02308
AVIATION
(201) 222-2020
WATER REEDURCES
COMMITTEE ON INTERNATIONAL
Congress of the United States
864 AVENUE C
BAYONNE. NJ 07002
RELATIONS
(201) 023-2000
SUBCOMMITTEE
WESTERN HEMISPHERE AFFAIRS
house of Representatives
276 HOBART STREET
PEATH AMBDY. N.I. 00801
(908) 324-6212
DEMOCRATIC WHIP AT LARGE
Mashington, DC 20515-3013
News From
CONGRESSMAN BOB MENENDEZ
For Immediate Release
Contact: Michael Hutton
July 16, 1996
(202) 225-7919
CONGRESSMAN BOB MENENDEZ STRONGLY CRITICIZES
PRESIDENT FOR "WALKING AWAY FROM DEMOCRACY IN
CUBA", BY SUSPENDING TITLE III OF THE LIBERTAD ACT
Washington, D.C. -- Congressman Bob Menendez today strongly and sharply criticized
President Clinton's decision to suspend the provision in the Helms/Burton legislation allowing
United States citizens to file suit in U.S. courts against those profiting from illegally confiscated
properties in Cuba.
"With this partial suspension decision, the President has delayed the best chance we have
had to apply international economic pressure on the brutal and repressive Castro dictatorship.
President Clinton is postponing an opportunity for democracy in Cuba." Menendez stated.
"Although. I had hoped that he would not delay the right of action, because the President
did not waive all of Title III, he thereby created standing and irreversible rights for U.S. citizens.
and started the clock running on the liabilities of foreign companies invested in the stolen property
of American citizens in Cuba," Menendez said.
Menendez, the only Cuban-American Democrat in Congress and a member of the
International Relations Committee, continued. "The President is sending the wrong message with
the suspension of Title III. This decision puts economics ahead of democracy, profits before
human rights and the demands of multi-national businesses over the rights of American citizens."
The Republican influenced United States Chamber of Commerce and National Association
of Manufacturers heavily lobbied the Administration, Menendez said and "this decision puts the
seal of approval of the United States government on the profiteering of stolen American property.
The President is giving foreign corporation more time 10 use confiscated American property 10
make money for a discredited dictator. Title III is a powerful rool to create meaningful economic
disincentives against propping up Fidel Castro; today President Clinton disabled us from using this
tool for six more months."
FILE No. 935 07/16 '96 20:26 ID:MENENDEZ DC
PAGE 3
Menendez, who represents one of the most heavily Democratic Congressional Districts in
New Jersey. pointed our that he has always praised President Clinton when he was right, but is
unafraid TO criticize him when he was wrong. "The President is sadly mistaken if he thinks that
keeping the flow of international money to the last communist dictator in the Western Hemisphere
will accelerate the rebirth of democracy in Cuba. I had hoped that the President would
demonstrate real leadership which would have directly led to the fall of Castro. Instead, he will
make us wait for another day."
The President's decision undermines decades of American policy to isolate the Castro
regime. "There are critics who say that Castro should be dealt with as if he were a legitimate
leader. Castro gained power by stealing property from American citizens and freedom loving
Cubans. Today is a sad day, because President Clinton is now allowing Castco to get away with
his barbarous piracy.
The President's advisors have convinced the President to suspend the right to sue on the
false hopes that we can accomplish in six months, what we have been unable to do in 37 years.
Namely, have our allies and foreign companies act responsibly to promote democracy and human
rights in Cuba," Menendez concluded.
###
fit
CUBA
17 June 1996
MEMORANDUM TO TOM SHEA
From:
Harold Ickes
@
Re:
Congressman Robert Menendez - Director of news
station in Miami
On 28 May I met with Congressman Robert Menendez of New Jersey
who told me that he would get me the name of the director of a
news station in Miami who replaced the former news director who
was close to the Republicans. The Congressman suggested that the
new news director be given press credentials. He was supposed to
phone me with his name.
Could you check with his office.
from: Harold Ickes
JOHN JOSEPH MOAKLEY
PLEASE RESPOND TO:
9TH DISTRICT, MASSACHUSETTS
RANKING DEMOCRATIC MEMBER
fit
235 CANNON BUILDING
WASHINGTON, DC 20515
COMMITTEE ON RULES
(202) 225-8273
FAX: (202) 225-3984
JOHN WEINFURTER
WORLD TRADE CENTER
CHIEF OF STAFF
SUITE 220
WASHINGTON
BOSTON, MA 02210
FREDERICK W. CLARK
Congress of the United States
(617) 565-2920
(617) 439-5460
DISTRICT DIRECTOR
FAX: (617) 439-5157
BOSTON
house of Representatives
4 COURT STREET
E-mail: [email protected]
Washington, DC 20515-2109
TAUNTON, MA 02780
URL: http://www.house.gov/moakley/welcome.html
(508) 824-6676
FAX: (508) 880-3520
June 7, 1996
BROCKTON FEDERAL BUILDING
166 MAIN STREET
BROCKTON, MA 02401
The Honorable Anthony Lake
(508) 586-5555
National Security Advisor
FAX: (508) 580-4692
The White House
Washington, D.C. 20500
Dear Tony:
Recently officials in the State and Treasury Departments have been discussing the humanitarian,
economic and enforcement problems occasioned by the current ban on direct charter air service
between the United States and Cuba.
Constituents, members of the Cuban American community and humanitarian organizations active
in providing support for the Cuban people have communicated to me the difficulties inherent
in the current policy.
The policy of banning direct charter air service between the U.S. and Cuba substantially
increases the hardship and expense for Cuban Americans to visit their families. One practical
effect is the increased hard currency for the Cuban government resulting from more passengers
using their airline. Another result is additional costs for the U.S. taxpayer and complications
for the Treasury Department in trying to enforce the policy.
The United States should permit direct air service between the United States and Cuba.
In refining this policy, the U.S. should be especially concerned about the Cuban American
families and the humanitarian organizations who have accomplished so much in alleviating the
suffering of the Cuban people.
In refining this policy, the U.S. should be especially concerned about the Cuban American
families and the humanitarian organizations who have accomplished so much in alleviating the
suffering of the Cuban people.
Please keep me advised of the Administration's deliberations on this important issue and
anything I can do to assist in this process,
JOHN Member Sincerel JOSEPH Moodly of Congress MOAKLE
JJM:sl
cc: Mr. Harold Ickes
THIS STATIONERY PRINTED ON RECYCLED PAPER
MEMORANUDM TO
TOM SHEA
file
Cuba
FROM
SUZANNA VALDEZ
SUBJECT
TITLE III
DATE
JULY 10, 1996
After consulting with our friends in Miami and New Jersey regarding Title III, we forwarded the
following comments NSC against the suspension:
- The President signed the Helms-Burton Bill as a punitive measure due to the shootdown
incidentn. The President had explicitly indicated that he had reversed on HelmsBurton as a
punitive measure against the Cuban government's actions. Nothing has changed to merit
suspension.
- If Title III is suspended, the signing ceremony of the Helms-Burton Bill will be viewed as a
ploy to pander to the Cuban-American community, and there will be strong criticism of the
President's sincerity and commitment to the bill.
- In Florida, Governor Chiles has signed a state bill very similar to Helms/Burton supporting the
President's actions. The President's suspension would cause political embarassment to a close ally
of the administration.
- There is strong bipartisan support for this bill in Congress, waiving Title III will give our
congressional and political opponents an opportunity to criticize the President for his lack of
leadership and resolve.
-
The media will unleash a new wave of criticism for this reversal in policy.
FROM
FROM Cor Chiles
(TUE) 07. 09' 96 15:06 /ST. 14:56/ NO. 3360251-575 P. 2/2
office
Summary of the Cuban Freedom Act (SB 2784)
Similar to the Helms-Burton bill signed by the President.
PURPOSE--Strengthen international sanctions against Fidel Castro and his regime in
the Republic of Cuba. encourage free and fair elections. to provide a policy framework
for the US and Florida to support a transition government and a democratically elected
government. and protect the rights of Floridians who own claims to confiscated
property abroad.
INTERNATIONAL PROVISIONS-Finds Castro is a threat to international peace and
the peace of Florida. Asks the President to instruct the US representative to the UN to
seek an international embargo against Castro similar to those conducted with respect
to Haiti. States that US assistance to any former Soviet country should be
detrimentally impacted by efforts to help make Cienfuegos nuclear facility active.
Requests that the President instruct the US representative to the Organization of
American States oppose Cuba's readmission until a democratically elected
government exists.
Title III
Creates State penalties for the purchase of Castro-confiscated Cuban property owned
prior to confiscation by a current Florida resident.
Creates State penalties for the Florida importation of sugar, syrup or molasses from
any country the President determines has imported the sugar, etc. from Cuba.
Requires the Governor to submit an annual report on assistance to and commerce with
Cuba by Florida residents. This includes trading partners, joint ventures. Cuban
facilities claimed by Florida citizens, and steps taken to ensure Cuban products and
raw materials do not enter Florida. Contingent upon appropriations and to the extent
covered by the Federal report.
SUPPORT OF A FREE CUBA: Florida's policy to support a free Cuba, facilitate a
peaceful transition to representative democracy and a free market economy in Cuba.
After the President determines a democratically elected government exists, the Florida
Legislature supports the restoration of diplomatic recognition, removal of the embargo,
pursuit of mutually beneficial trade relationship. terminates Florida's participation in the
economic embargo.
DEFINITIONS-Defines a 'democratic government in Cuba' and a 'transition
government in Cuba'.
05 14 96
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
003. note
Staff Secretary to Leon Panetta et al re: Helms-Burton (1 page)
07/08/1996
P1/b(1)
COLLECTION:
Clinton Presidential Records
Chief Of Staff
Tom Shea
OA/Box Number: 8436
FOLDER TITLE:
Cuba [1]
2016-0920-F
jm1880
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
004. memo
Anthony Lake and Laura Tyson to President Clinton re: Title III of
07/03/1996
P1/b(1)
Helms-Burton (3 pages)
COLLECTION:
Clinton Presidential Records
Chief Of Staff
Tom Shea
OA/Box Number: 8436
FOLDER TITLE:
Cuba [1]
2016-0920-F
jm 1880
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA)
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
FILE No. 882 07/12 '96 12:32 ID:MENENDEZ DC
PAGE 1
7/12 Copy
shea
RFFI.Y TO:
ROBERT MENENDEZ
1730 LONGWORTH HOUSE O.B.
13TH DISTRICT, NEW JERSEY
WASHINGTON, DC 20515-3013
DISTRICT OFFICES:
COMMITTEE ON TRANSPORTATION
911 BERGEN AVENUE
AND INFRASTRUCTURE
JERSEY CITY, NJ 07306
SUBCOMMITTEES:
(201) 222 2828
AVIATION
654 AVENUE C
WATER RESOURCES
Congress of the United States
BAYONNE, NJ 07002
COMMITTEE ON INTERNATIONAL
(201) 823-2500
RELATIONS
275 HOBART STREET
SUBCOMMITTEE:
house of Representatives
PERTH AMERIT, NJ 08861
(908) 324-6212
WRSTERN HEMISPHERE AFFAIRS
@lashington. DC 20515-3013
DEMOCRATIC WHIP AT-LARGE
fib-
FACSIMILE COVER SHEET
Cuba
Date: July 12, 1996
To: Harold Ickes
From: Congressman Robert Menendez
Pages to follow: 4
Re:
Message:
Phone: (202) 225-7919. Fax: (202) 226-0792
THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS
FILE No. 882 07/12 '96 12:33 ID:MENENDEZ DC
PAGE 2
Congress of the United States
Mashington, DC 20515
July 12, 1996
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
We are writing to express our support for the implementation of
Title III, "Protection of Property Rights of United States
Nationals" of the "Cuban Liberty and Democratic Solidarity Act of
1996. "
The date to make a decision about the enactment of Title III is
July 16, and, as you know, the suspension authority provided by the
bill may be used only if it is certified to be in the national
interest and will expedite a transition to democracy in Cuba.
In the past year, we have witnessed an escalation in the oppression
of Cubans on the island and in violence toward the United States by
the Castro dictatorship. The February 24 shootdown and murder of
four unarmed Americans was Castro's most desperate attempt to
influence U.S. policy. The repressive crackdown, which began
before the passage of the Libertad Act, is an effort to smother the
faintest hopes for internal reform.
We believe that Title III is an appropriate vehicle by which to
compensate U.S. citizens for their property which was illegally
confiscated by the Castro regime, in violation of Cuban and
international law, and to discourage foreign investment in Cuba.
Furthermore, it is extremely unlikely that Title III will generate
a flood of litigation, as argued by opponents of the law. Rather,
we expect a small number of high profile cases to be litigated.
These cases will serve to send a message to foreign investors who
would knowingly and willfully invest in the confiscated property of
American citizens.
Already, the threat of Title III has caused foreign companies to
reconsider investment in Cuba and has compelled at least one
company to withdraw its operations from Cuba.
Our greatest concern, is that the suspension of Title III will not
expedite a transition to freedom and democracy in Cuba.
Those who claim that foreign investment will facilitate a
transition in Cuba ignore the fact that it is the Cuban regime, not
the Cuban people, which benefits from their investment. Foreign
companies pay the wages of their Cuban workers to the Cuban
PRINTED ON RECYCLED PAPER
FILE No. 882 07/12 '96 12:33 ID:MENENDEZ DC
PAGE 3
Page Two - President Clinton
regime in hard currency subsequently, workers are paid a
fraction of those wages in worthless Cuban pesos. Foreign
investment, in fact exploits the labor of the Cuban people and
supports a dictatorship that is the main obstacle to economic and
political change.
Time and time again, we have seen that Fidel Castro only makes
changes in response to need. The changes he has made, legalizing
the use of the American dollar in Cuba, which was once strictly
forbidden, welcoming foreign investment and the scaling back of the
Cuban military were all measures forced by necessity, not by any
desire for true change.
The Cuban Liberty and Democratic Solidarity Act is not the first
time we have experienced opposition from our allies for U.S. policy
toward Cuba. Similar concern was expressed about the impact of the
Cuban Democracy Act of 1992. Shortly after its passage, the United
States entered into the largest trade agreement ever with Canada
and Mexico, the North American Free Trade Agreement.
We feel strongly that the implementation of Title III can be
defended among our allies and in international forums. Title III is
an integral part of the Libertad's plan to bring freedom and
democracy to the people of Cuba. We urge you to permit the
enactment of Title III, which will strike another blow against
terror
and
in
or
Libertad.
Fidel kep. Ros-Lentinen Castro's long reign Rep. of Sincerely, Menendez support Rep. Diaz-Balart
Dan kep. Burton Buttus
Retain Rep. Torricelli
lite
Rep. Deutsch
Rep. Kennedy (RI)
Frank Pallons. J. Rep. Pallone
Rep. Poshard
FILE No. 882 07/12 '96 12:34 ID:MENENDEZ DC
PAGE 4
Page Three - President Clinton
Same lein
R.Doruan Mp. Rep. Levin Dornan Rep. ep. Andrews Porter A
LA
Rep:
Mark Souder Auder Diazine Rep. Zimmer
Wishind Lipute
Rep. Erial Engel Engel
Rep. Lipinski
City Bhite
Thomas Manton
Rep. Blute
Rep. Manton
Randy Rep. "Duke Cunningham "Canninghacy
Rep A solemon Any
A
Rep. Skelton
Rep. all Speep Stearna
Ralph Rep. Hall (TX) m. Hall
Sturrod Brown
Rep. Brown (OH)
Rep. Smith (No)
FILE No. 882 07/12 '96 12:34 ID:MENENDEZ DC
PAGE 5
President Clinton - Page Four
Rep. Ortiz
Rep.
J Barcia Barcia
Mary Rep. Ackerman Rep. Hanh Te eda Tejeda
Mrs then
Boftrack REP. Franks
Rep. Green
Pm Seven
Carrie P.Meek
Rep. Geren
Rep. Meek
Charlie Pm
kep. Rose
Sonny Rep. Montgomery Mon
Rep. Funderburk Janey Rep. Costello z. Coelett
Store Rep. Chabot
Chabot
BenJoilman Rep. Gilman
Tom Lanton
drus
Rep. Lantos
Rep. Gutierrez
Corina Brown
Rep. Brown
BOOD