Cuba: Issues for the 111Th Congress

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Cuba: Issues for the 111Th Congress Cuba: Issues for the 111th Congress Mark P. Sullivan Specialist in Latin American Affairs January 4, 2011 Congressional Research Service 7-5700 www.crs.gov R40193 CRS Report for Congress Prepared for Members and Committees of Congress Cuba: Issues for the 111th Congress Summary Cuba remains a one-party communist state with a poor record on human rights. The country’s political succession in 2006 from the long-ruling Fidel Castro to his brother Raúl was characterized by a remarkable degree of stability. The government of Raúl Castro implemented limited economic policy changes in 2008 and 2009, and in September 2010 began a significant series of reforms to reduce the public sector and increase private enterprise. Few observers expect the government to ease its tight control over the political system, although it has reduced the number of political prisoners significantly. Since the early 1960s, U.S. policy has consisted largely of isolating Cuba through economic sanctions. A second policy component has consisted of support measures for the Cuban people, including U.S.-sponsored broadcasting and support for human rights activists. In light of Fidel Castro’s departure as head of government, many observers called for a re-examination of U.S. policy. The Obama Administration lifted restrictions on family travel and remittances and restarted talks with the Cuban government. It criticized Cuba’s repression of dissidents, but also welcomed the release of political prisoners. The Administration also repeatedly called for the release of a U.S. government subcontractor imprisoned since December 2009. The 111th Congress approved three provisions in the FY2009 omnibus appropriations measure (P.L. 111-8) in March 2009 that eased sanctions on family travel, travel for the marketing of agricultural and medical goods, and payment terms for U.S. agricultural exports. In December 2009, Congress included a provision in the FY2010 omnibus appropriations legislation (P.L. 111- 117) that eased payment terms for U.S. agricultural exports to Cuba during FY2010 by defining the term “payment of cash in advance” more broadly. While Congress did not complete action on any of the FY2011 appropriations measures, it did approve a series of short-term continuing resolutions (P.L. 111-242, as amended), the last of which (P.L. 111-322) provided funding for federal agencies through March 4, 2011 under conditions provided in enacted FY2010 appropriations measures. This extended the “payment of cash in advance provision” and also continued Cuba broadcasting and democracy funding. In other legislative action, in May 2009, the Senate approved S.Res. 149, related to freedom of the press, and in March 2010 it approved S.Con.Res. 54, recognizing the death of a Cuban hunger striker. Numerous other initiatives were introduced, but not considered. Several of these would have eased Cuba sanctions: H.R. 188, H.R. 1530, and H.R. 2272 (overall sanctions); H.R. 874/S. 428 and H.R. 1528 (travel); H.R. 332 (educational travel); H.R. 1531/S. 1089 and H.R. 4645/S. 3112 (agricultural exports and travel); H.R. 1737 (agricultural exports); and S. 774, H.R. 1918, and S. 1517 (hydrocarbon resources). H.R. 1103/S. 1234 would have modified a trademark sanction, while several bills cited above would have repealed the sanction. S. 1808 would have eliminated Radio and TV Martí. Measures that would have increased sanctions were: H.R. 2005 (related to fugitives), H.R. 2687 (Organization of American States participation), and H.R. 5620 (Cuba’s oil development). H.Con.Res. 132 would have called for the fulfillment of certain democratic conditions before the United States increased trade and tourism to Cuba. This report reflects legislative developments through the 111th Congress and will not be updated. Also see CRS Report RL31139, Cuba: U.S. Restrictions on Travel and Remittances, and CRS Report R41522, Cuba’s Offshore Oil Development: Background and U.S. Policy Considerations. Congressional Research Service Cuba: Issues for the 111th Congress Contents Recent Developments..................................................................................................................1 Political Conditions.....................................................................................................................3 Background to the Succession...............................................................................................4 March 2009 Government Shake-Up ......................................................................................5 Looking Ahead .....................................................................................................................6 Human Rights.............................................................................................................................7 Background ..........................................................................................................................7 Death of Hunger Striker Orlando Zapata Tamayo ..................................................................9 Political Prisoners ...............................................................................................................10 Economic Conditions................................................................................................................12 Economic Changes Under Raúl...........................................................................................13 Cuba’s Foreign Policy...............................................................................................................15 U.S. Policy Toward Cuba ..........................................................................................................16 Policy Overview .................................................................................................................16 Debate on the Direction of U.S. Policy................................................................................17 Clinton Administration’s Easing of Sanctions......................................................................18 Bush Administration Policy.................................................................................................18 Commission for Assistance to a Free Cuba ....................................................................19 U.S. Reaction to Cuba’s Political Succession.................................................................20 Obama Administration Policy..............................................................................................22 Issues in U.S.-Cuban Relations .................................................................................................25 Restrictions on Travel and Remittances ...............................................................................25 Agricultural Exports and Sanctions .....................................................................................28 Legislative Action and Initiatives on Agricultural Sanctions ..........................................30 Trademark Sanction ............................................................................................................32 Offshore Oil and Natural Gas Development ........................................................................33 Drug Interdiction Cooperation.............................................................................................35 Legislative Initiatives....................................................................................................37 Cuban Spies in the United States.........................................................................................37 Cuba and Terrorism.............................................................................................................39 Cuba as the Victim of Terrorism....................................................................................40 U.S. Funding to Support Democracy and Human Rights......................................................42 Oversight of U.S. Democracy Assistance to Cuba..........................................................43 December 2009 Detainment of American Subcontractor................................................45 Radio and TV Marti............................................................................................................46 Controversies................................................................................................................47 Funding for Cuba Broadcasting.....................................................................................50 Migration Issues..................................................................................................................51 1994 and 1995 Migration Accords.................................................................................51 Coast Guard Interdictions..............................................................................................52 Migration Talks.............................................................................................................53 Guantanamo Naval Base .....................................................................................................54 Cuba and the Organization of American States ....................................................................56 Background on Cuba’s Exclusion from the OAS in 1962...............................................56 Efforts to Reinstate Cuba’s Participation in the OAS .....................................................57 Congressional
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