WikiLeaks Document Release http://wikileaks.org/wiki/CRS-RL32730 February 2, 2009

Congressional Research Service Report RL32730 Cuba: Issues for the 109th Congress Mark P. Sullivan, Foreign Affairs, Defense, and Trade Division

December 19, 2006

Abstract. This report examines issues in U.S.-Cuban relations and tracks legislative initiatives on Cuba in the 109th Congress. http://wikileaks.org/wiki/CRS-RL32730 Cuba: Issuesforthe109 Foreign Affairs, Defense, andTrade Division Specialist inLatinAmerican Affairs Updated December 19,2006 Order Code RL32730 Mark P.Sullivan th Congress http://wikileaks.org/wiki/CRS-RL32730 U.S. PolicyImplications andApproaches; $5 millionforscholarshipandexchange assistance tofacilitateapeacefultransiti 428);repealof in Cuba(H.Con.Res. Cuba’s offshoreoildevelopment(H.R. Cuba’s offshoreoildevelopment(H.R 2601); U.S. fugitivesH.R. inCuba 600, Cuba broadcasting69); (S. S. (H.R. 719,S.328,H.R.3372,1604,1689 and S. 328).Other measureshadprovi and 719 agricultural sales(H.R.1339andS.634);a family visits(H.R.2617);e overall sanctions (H.R. 208 and H.R. 579) Restrictions onTraveland Remittances various ways: suspensionofsanctions have fundedCubabroadcasting. sale ofagricultural andmedical goods Agriculture Products fromU.S.Economic Sponsors of Terrorism List to Cuba;theSenateversionof being used toimplement tightened restrictions on financing foragricultural exports anti-drug cooperation; Hous projects, and House andversions Senate ofthe billhad contrasting provisionson completed in2007:House-passedH.R. FY2007 appropriationsmeasureswe 469. P.L. 109-102fundedCubademocracy rights resolutions: H.Con.Res. 81,H.Re Summary Members tocall forre-examination ofU.S.policy. power tohisbrotherRaúlinorder JulyCastro’s announcementinlate 2006 a swiftnormalizationfor call ofU.S.-Cubanothers relations. people; Fidelstill and enacted; others U.S. some argue forlifting achieve that objective:advocate pressure somemaximum onCuba until reforms are island—there the to for humanrights overall objectiveofU.S.policyCuba toward television broadcasting toC people, including privatehumanitarian Another componentofU.S. sanctions, whichhavebeensignificantly largelyof isolating the communist For additional information, see CRSReportRL33622,information, For additional Other legislative initiativesnot acted In the 109 earlythe Since 1960s,U.S.policy toward th Cuba: Issuesforthe109 Congress, legislative initiatives included the approval offive human ducational travel (H.R. 3064); cashinadvanceforU.S. (H.R. ducational travel uba. While there appears there to uba. While policy has consistedofsuppor e-passed H.R.5576wouldha ; andCRSReportRL33499, H.R.5384wouldhaveliberaliz re not completed, so action w re notcompleted,soaction to Cuba; and H.R. 5522 and H.R. 5672 would 5672 to Cuba;andH.R.5522 5522would have fundedFY2007 democracy recover from surgery has prompted some recoverfromsurgery hasprompted after Hurricane Dennis (H.Con.Res. 206); afterHurricaneDennis(H.Con.Res. ; CRS Report RL32251,; nation through comprehensiveeconomic . 5292,S.2682,2795);participationin 5353, S.2787);support for U.S.diplomats s. 193,H.Res. 388,S. (H.R. 2601, H.R. 332); sa (H.R. 2601,H.R.332); the CubanAdjustmentAct(H.R.5670); programs (House-passedH.R.2601). on in Cuba (S. 3769); and authorization of authorization and on inCuba(S.3769); are severalschoolsofthought onhowto donations and U.S.-sponsoredradioand donations and upon would have eased U.S. sanctionsin upon wouldhaveeased Sanctions:Status andImplementation that hewastemporarily ceding political sanctions judged tobehurting the Cuban nd facilitation ofagri ; overall travel (S sions on Cuba’s trademark registrations sions onCuba’strademark tightened by the Bush Administration. projects inFY2006. Actiononseveral —tohelpbring democracy and respect CRSReportRL31139, Cuba under Fidel Cast Cuba underFidel th Congress be broadagreement onthe ve prohibited fundsfrom t measuresfortheCuban Cuba afterFidelCastro: . 894and H. ed travel related tothe ed travelrelated Exempting Foodand Res. 140,a cultural sales(H.R. Cuba andtheState nctions relatedto ro hasconsisted ill needill to be Cuba: U.S. R. 1814);R. nd S.Res. . http://wikileaks.org/wiki/CRS-RL32730 Issues in U.S.-Cuban Relations ...... 19 U.S. PolicyEconomic Toward Cuba Conditions...... 11 ...... 13 Political Conditions Major DevelopmentsContents ...... 1 MigrationU.S. Funding toSupportDemocracy andHumanRights Issues...... 47 RadioGuantanamo and TV Marti...... 41 NavalCuba Base ...... 40 and TerrorismDrug Interdiction Cooperation Offshore ...... 34 OilTravel Sector and DevelopmentAgricultural PrivateSection 211TrademarkProvision Humanitarian ...... 32 Exports...... 24Helms/Burton AssistanceDebate on Restrictions...... 28 Legislation the Overall ...... 20 Direction of U.S. Policy...... 19Bush Administration Policy...... 14 HumanScenarios Rights ...... 6 for Cuba after Fidel Castro ...... 5 Elian1994 and1995Agreements Gonzalez Case ...... 48 FY2007 Request FY2006 Funding AirborneDebate Broadcasts...... 43 on TV Marti...... 42Cuba as the Victim ofTerrorism Cuba andBiological Weapons? Legislative Initiatives Legislative Initiatives Legislative Initiatives ForeignMajor Reaction Provisions and the and EU’s Implementation...... 20 WTOU.S. Challenge...... 21 ReactionJuly 2006Commissionfor Assistance toaFree CubaReport Tightened Sanctionsin2004and2005 toAdministration Actions:2001-2003 Fidel’sOverview Ceding ...... 14 of Power...... 17 Legislative Initiatives AssemblyVarela toRelease ofSevera Promote ProjectSevere Crackdownin2003 Civil andOverview the Society...... 9 National ...... 6 Dialogue ...... 8 ...... 4 ...... 45 l Prisonersin2004 ...... 44 ...... 33 ...... 30 ...... 26 ...... 10 ...... 32 ...... 47 ...... 7 ...... 22 ...... 36 ...... 38 ...... 14 ...... 8 ...... 15 ...... 45 ...... 16 http://wikileaks.org/wiki/CRS-RL32730 Legislative Initiatives inthe 109 Legislation Approvedinthe108 For Additional Reading ...... 63 HumanAppropriations Rights Resolutions Measures ...... 53 ...... 51 Support forU.S.DiplomaticPersonnelinCuba U.S. Fugitives Anti-Drug Cooperation Cuba BroadcastingMigrationModification ...... 60 Human ...... 60 Rights of Sanctions and Democracy ...... 55 ...... 54 MigrationWet Foot/Dry Talks ...... 50 Foot Policy ...... 48 ...... 62 ...... 62 th th Congress ...... 54 Congress ...... 51 ...... 63 http://wikileaks.org/wiki/CRS-RL32730 United States, as long as it respected respected aslongCuba asit States, United commercial radio station inMiami tobroadcast some Radio Marti programming. Broadcasting oftheBroadcasting Board of TVMartiprogra begansome broadcasting announced theestablishment ofthepos interventionist.” current U.S.policy towardCuba,wh relations onanequalplane,”but normalize August 18,2006,RaúlCastroassertedthat sanctionsif U.S. economic Bush inMay 2002,thattheAdministrationwa Affairs ThomasShannon management andoversight. concluded thattheU.S.program had U.S.democracy examining report and assistanceforCubafrom1996-2005 a were basedon“equality, r Some300political reasons. health released for prison, was part of thegroup of75arrest prisonforhealthreason.Palacios from broader Internet accessforCubans. Borders. FariñasWithout wentonase receivedthe2006CyberHernández Dissident to democracy.to In a December 2, 2, In aDecember On December On August 18, 2006, U.S. Director of NationalIntelligenceof Negroponte John On August 18,2006,U.S.Director Secret Assistant On August 23,2006, On November15,2006,theGovernment On December6,2006,theCubangovernment released dissident Hector Palacios On comme December 18,2006,aprivateU.S. On August 18,2006,inan interview publishedintheCubandaily Cuba: Issuesforthe109 12, 2006, sp Major Developments reiterated aU.S.offer to Cuba, 2006, independent Cuban journalist Guillermo Fariñas eciprocity, non-interference, Cuba weretobegin apoliti eech, Raúl reiterated an offer tonegotiate withthe ven-month hunger strikein2006,demanding ed inMarch2003.Ofthe 75, 16 have been , whohadbeensentencedto25years in ition of Mission Manager forCubaand Manager ition ofMission significant problemsandneededbetter significant ’s independence and as long as the results the ’s independenceandaslong as ms onadaily basis.TheOfficeofCuba ich he described as“arrogant and he ich he also expressed strong oppositionto healsoexpressed ary Hemisphere ofStateforWestern Cuba has “always beendisposedto has Cuba award fromtheParis-based Reporters s willing to work with Congresswork tolift s willingto Accountabilityissued (GAO) Office Governorsalsocontractedwitha prisonersinallre rcial television st th andmutualrespect.” cal opening andatransition first articulatedby President Congress main jailedinCuba. ation inFlorida Granma on http://wikileaks.org/wiki/CRS-RL32730 is absolutelyis committed tosupporting the for positivechange” andreiteratedU.S.support. broadcast onRadioandTVMa broadcasting (For furtherinformation, broadcasting TVMarti.TheAd capabilitiesviaaerostatfor including $2.7 milliontoimprovetransmission to thebill(H.Rept.109-520) recomme broadcasting underthe International Broa Agencies Related Commerceand Justice, 2006 CommissionforAssistancetoaFree CubaReport.”) info (Forfurther [http://www.cafc.gov/rpt/]. response fromCuba’sdissidentcommunity amixed received report for avariety democracy TheCommission ofCuba projects. a democratictransition,including toward issued itssecond report maki 14,2006. in theHouseversionofbillapprovedonJune toCubathatwereissuedinFe exports usedbeing toimplement tightened restrictions onfinancing forU.S.agricultural would that with aprovision(Section846) a hearing onthe new report onthe Committee forAssistance toa Free Cuba. Council ofStateandGovernment. Commander in Chief oftheRevolutionary Ar Party, Secretary First Communist became ofthe Castro Raúl result, a As surgery. power tohisbrotherRaúl transitional government inCuba. U.S.supporttotheCubanpeopleintheireffortbuilda pledged and change” urged “the President and freedom.”The from Castro indicating that his published the firstphotographs of Castro since his surgery, along with a message the FY2007 Transportation/Treasury appropriations b the FY2007 Transportation/Treasury appropriations across the Intelligence Community. responsiblefor integratingco Venezuela On August 3,2006,PresidentBush issued On June 29, 2006,theHousepassedH.R.5672,FY2007 Science,State, 29, On June On July 10,2006,theinter-agency forAssistancetoFree Cuba Commission On Julythe SenateAppropria 26,2006, On July 27,2006,theHouseSubcommitt On July 31,2 On August 4,2006,Secretary ofStat On August 13,2006,Fidel’s 80 006, Cuban President Fidel Castro provisionally ceded political for several weeks inorder torecover fromintestinal ng recommendationstohastenpoliticalchange inCuba recovery wouldnotbeshort. rti, encouraged “the Cuba rti, encouraged “the th birthday, Cuba’snewspaper bruary 2005.Theprovisionis identical to one ministration requested $36.279 for Cuba ministration requested $36.279 for CRS-2 see “RadioandTVMarti” below). nds $36.102millionfor Cuba broadcasting, the provision of$80millionovertwoyears llection andanalysis onthetwocountries appropriations bill, that wouldfundCuba bill, appropriations Cuban people’saspirationfordemocracy dcasting Operationsaccount. Thereport prevent Treasury Department funds from Cubanpeopletoworkfordemocratic rmation, seesectionbelowonthe“July tions Committeereporteditsversionof med Forces (FAR), and President ofthe andPresident Forces(FAR), med e Condoleezza Rice, in a statement Rice,ina e Condoleezza . The full report isavailableat report . Thefull ee on the Western Hemisphereheld ee ontheWestern astatementthat“the United States ill, H.R.5576(S.Rept. n people toworkathome n Juventud Rebelde 109-293, http://wikileaks.org/wiki/CRS-RL32730 H.R. 5384(S.Rept.109-266),theFY generators, butelectricity campaign ofharassmentU. a of part off electricity totheU.S.InterestsS for religioustravelrelating to activities inCuba, was withdrawn fromconsideration. 1032 (Flake), whichwouldha tightened restrictiononeducationaltravel being usedtoimp from prohibited funs and H.Amdt.1051(Lee),have defeatedby avoteof187-236,whichwould prohibited funds have 245, whichwould H.Amdt. 1050 Cuba: economic sanctions on February 2005.TheHousealsorejected restrictions onfinancing forU.S.agricultural toCuba that exports were issued in would preventTreasury Depa Kansas) totheFY2007 Transportation/Treas and “TravelPrivateHuma see agricultural(Also andmedicalgoods. contains aprovision(Section755)liberalizing at sea in Bahamian waters. waters. Bahamian seain at The dentists detention The twohadbeenheldinthe center intoU.S.custody, whereuponthey imme Roque. Beatriz consent, which condemned the Cuban government had denied themex the Cubangovernment haddenied Mexico announced Mexico on March24,2006,that with U.S.legislation governing economic sanctions imposed on Cuba. (Ultimately, legislation that permits the government tofine any company inMexico that complies offici complied, butMexican U. privately-sponsored a at executives Mexico City,in toexpel a Cuban delegationhotel oil that was meeting withU.S. the Hotels, Control (OFAC) askedStarwood had sought thereleaseoftwoCubans. from Cubannationalsoutside time that OFAC hasservices used such itsauthority as a hotel stay toblock retail of servicestoCuba totheprovision extend companies and their subsidiaries anywhere inthe world.While prohibitions these economic sanctionsprohibitfina On June 22, 2006, the Senate 22,2006,the On June On May 25,2006,theSenate 12,2006,theStateDepartmenta June On 14,2006,theHouseapprovedbyOn June 1049(Moran, voicevoteH.Amdt. On March14,2006,theBahamas released On February 3,2006,theTreasury Depa was restored on June 13,2006. was restoredonJune the April25, oftheUnitedStates. rtment fundsfrombeing us als indicated that it could face fines underMexican fines als indicatedthatitcouldface ve prohibitedtheuseof nitarian Restrictions.”) ncial transactions withCuba, and thisapplies to U.S. AppropriationsCommitteere approvedS.Res.469(L ection inHavanabeginning on 5, June 2006, as CRS-3 2007 Agriculture appropriations b 2007 Agriculture appropriations S. diplomats.Themissionwasrunning on center for10monthsafterbeing pickedup had received U.S. visas while in Cuba, but Cuba, in while visas U.S. had received S.-Cuba energy conference.Thehotel 2006, beating of Cuban dissident Martha sections belowon“Agricultural Exports” to Cuba. Another amendment, H.Amdt. toCuba.Anotheramendment, from implementing theoverallembargo, lement theAdminis two amendments that would haveeased would that two amendments it visas. Several U.S. owneroftheSheratonMariaIsabel n nationals,thisappears tobethefirst urythat appropriationsbill,H.R.5576, it wasfining the hotel $112,000.) U.S. sserted theCubangovernment hadcut (Rangel), defeatedby avoteof183- diately traveled totheUnitedStates. two Cubandentistsfromadetention travel toCubarela rtment’s Office of Foreign Assets Foreign rtment’s Office of funds toamendregulations ed toimplementtightened ieberman) by unanimous Members ofCongress tration’s June 2004 tration’s June ported itsversionof, ted tothesaleof ill, which http://wikileaks.org/wiki/CRS-RL32730 Estrella deCuba,frombooking again were notoffered National Assembly wereag and RaúlCastroastheparty’ss and first which the party reaffirmed itscommitment toa single party state and reelected Fidel court onJanuary 17. agents forCubadecades. University professor andhis be brought back totheUnitedStates. governmentMiami orderedU.S. in that the foot” policy regarding Cuban migrants. On land. ThecasepromptedsomeMembersto had landedonapiling ofan old bridge in the Cuban team would go tothe victims ofHurricane Katrina. financially, but thelicense Cuba’s participation, reportedly government Cuban becausethe could have benefitted inMarch2006.InStates mid-December a Cuban team toparticipateWorld Baseball inthe Classic tournament inthe United largest licensed travelagencies, booki government. Although Assemb ofCouncil St Assemblyin session,aCouncilofStat not is currently with609members,thatmeetstw Fidel Castroas PresidentoftheCouncil. structures. Executive power has been vested inCouncil a of Ministers headed by The Constitutionalso outlined national, provincial, and local governmental and insociety power centered ina (with Political Bureau headed by Fidel Castro). enacted 1976 in Marxist-Leninist. From 1959until1976, Castro Revolution wassocialist,andinDecem government In ofFulgencio Batista. the1959C state andgovernment since down temporarilyfrom su while recuperating Cuban Communist Party held its 5 its Cuban CommunistParty held February 1993,onlycandi of slate asingle On January 23, 2006, OFAC suspended a South Florida travelagency,Florida LaOn January 23,2006,OFAC suspendedaSouth On January 6, 2006, U.S.federal agents 2006, 6, On January On January 9,2006,theU.S.CoastGuar On January 20,2006,OFAC issuedalicensetoMajorLeague Baseball allowing Legislative authority is vested inaPower, National Assembly ofPeople’s Politically Cuba remains ahard-linecomm ate until r setting forth the Communist Party as the leading force in the state a choiceofcandidates. ecently, andheadof hasservedasheadofstate Castro Political Conditions ultimately approved ain held in January 1998 and January 2003,butvoters ain heldinJanuaryJanuary 1998and They plednotguilty atan wife, Carlosand Elsa Alva travel to Cuba. Theagency reportedly wasoneofthe ly membersweredirectly th Congress (the priorone Congress CRS-4 ng some300to500passengers monthly. April 1961,CastrostatedthattheCuban uban Revolution,whichoustedthecorrupt econd secretaries.Dir ber 1961,heproclaimed the Florida Keysto thatdoesnotconnect makearrangements forthe15Cubansto ice annually the periods. When forbrief dates wasoffered. February 28,2006,aU.S.federaljudge 2005, OFAChaddeniedalicensefor e acts on its behalf.AsPresidentofthe call for a review ofthe“wetfoot/dry review call fora d repatriated 15C d rgery, asheadof ruled Castro Fidel unist state.Untilherecently stepped ruled by decree.AConstitutionwas assures thatany proceedsearnedby arrestedaFlorida International arraignment inMiamifederal rez, foroperating ascovert rez, elected forthefirsttimein washeldin1991) In October1997, the ect electionsforthe uban migrants that himself tobea http://wikileaks.org/wiki/CRS-RL32730 Caribbean & CentralAmerica suffering fromcancer,although Cubano and willnotbe returning topower. Anumber ofobservers maintain is that Castro gravely heis that speculation fueling ill December, in celebration the appearat to on Fidel andhisfollowersfromMexico 2006, werepostponeduntilDecember2,2006 (the 50 funds forthehealth,educa President Francisco Soberon Valdes, toforma commission to manage and prioritize wellasForeign Mini as directed Lage, Lageec Cuba’s orchestrating isknownfor State andExecu of Council President ofthe Presidents oftheCouncilState.Onen members ofthe Political Bureau (Politbur RamonMachadoVentur designated Jose Minister ofPublicHea jobofpromoting publicand the delegated a provisionalbasisforkey rolesinhealt Government. a Party,FAR, CommanderinChiefofthe Secretary First became Communist ofthe Castro Raúl bysigned Fidel, proclamation in a for several weeks inorder torecover fromintestinalresult, surgery.a As Party.secretary Communist ofthe Ministers, asMinisteroftheRevoluti Councilof 3,2006—alsoservedasFirst VicePresidentofthe turned 75onJune andheadofgovernme head ofstate become Council of State, has been the officially the hasbeen Council ofState, 1 gaining popularsupport. extraordinary andthe systemapparatus of permanent successionofhisbrotherRaúl. the Cuban governmentthat has a plan forthe and still notoutofthe picture Castro permanentlyOther observers stress that Fidel departs is scene. the political mayor howthis occur. Some stillpredict that the regime will collapse when Fidel government there ultimately isconsiderable disagreementinevitable, is over when Scenarios forCuba Return, Cubans Say,” “U.S. Government Says Castro’sCondition isTerminal,” At the same time, Fidel tapped six other high-ranking government officials on On July 31,2006,Fidel provisionally ceded For a number of years, Fidel’s brother of For anumber Although many observersbe 80 forhis celebrations recovery, Because ofFidel’s New York Times York New lth Jose Ramon Balaguer Cabrera. Oneducation, he RamonBalaguerlth Jose Cabrera. tion, andenergy programs. after Fidel Castro Fidel after , NovemberPreston, 2006;Julia lieve that the eventual demise of Cuba’scommunist , December 18,2006. CRS-5 onary Armed Forces (FAR), andassecond Forces(FAR), Armed onary ster Felipe R Perez fficials deny thathehascancer. the boat Granma), butCastrowasunable Granma), boat the designated successorandwasslatedto o) of the Communist PartyCommunist o) ofthe and bothVice onomic recovery inthe1990s.Fidel also ergy, hedesignatedergy, CarlosLage, aVice tive Secretary oftheCouncilMinisters. nd PresidentoftheCouncilStateand h, education, andenergy projects.He h, education, controlsthatpreventsdissidentsfrom a and Esteban Lazo Hernandez, both a andEstebanLazo Hernandez, nt with Fidel’s depa nt withFidel’s international health projects tocurrent They strong pointtoCuba’s security Raúl, as First Vice President ofthe President Vice asFirst Raúl, politicalpowertohisbrotherRaúl Latin AmericaRegionalReport: th anniversary ofthearrival th “Castro toRecover, butnot birthday onAugust 13, oque andCentralBank rture. Raúl—who 1 http://wikileaks.org/wiki/CRS-RL32730 Castro: U.S.PolicyImplicationsandApproaches opposition. (For furtherinformation, seeCRSReportRL33622, regulated private sector, no independent labor movement, and no unified political impeded thedevelopmentofindependentci a strong totalitariansecur is departure Fidel’s deathor divisiveness or po as apossibilityobservers onlysuccesso ifa business enterprises. The scenario ofa military-led government is viewed by some has played anincreasing role in Cuba’s The FAR hasbeenincontrolofthe gove designation by Fidel assuccessor in the pa by foravariety true is This especially Castro. ofreasons,but Raúl becauseofRaúl’s likely scenario, at least inthe short term, is a successor communist government led transition orfully democratic government.According tomostobservers, the most continuation ofa communist government; a military government; ora democratic the broadcategories: three into Thesefit heath. because ofage ordeclining future when Fidel either dies inoffice ordeparts thefor Cuba’s political scene independent journalists di on other basicrights.down Itcracked has sharply restricting freedomsofexpressi Human Rights other dissidents havecontinuedsince that visit,government a 1998 Pope’s January government’s the of anticipated arelaxation conditions; denial of freedoms of speech, conditions; denialoffreedoms abuseofdetaineesandpris prisoners; denial ofthe righ organizations; professional arrest anddetentionof humanrights continued tocommitnumerousseriousabus charges, comparedtoanestimateof endof 2005, incl the at political prisoners hadbeense December 6,2006;Palacios recent releaseofthegroup of75wasHector since aseverecrackdownondissidentsin in 2003. Asofearly December2006,59of th with the government. The government maintained a pervasive system ofsurveillance targeted “acts ofrepudiation” (organized National Reconciliati and Rights Human As notedinthereport,CubanCommissionon organizations. all aspects Party oflife through the Communist and state-controlled mass governmentthe world’smostsystematic isone of human rights violators, controlling Before Fidel’s recent surgery, observers discerned several potential scenarios potential several discerned surgery, recent Before Fidel’s observers Overview. The StateDepartmentreportfor2005a According to the State Department’s According tothe Cuba hasapoorrecordonhumanrights, withthegovernment Cuba litical instab on maintained that the gove on maintainedthat , and staged demonstrations ity apparatus, the Castro ity apparatus,theCastro a democratic ordemocratic transition government. With ility. Formany observers,theleastlikely scenarioupon 300 politicalprisonersthepreviousyear. CRS-6 economynumerous through theownershipof advocates and members of independent advocatesandmembers of rnment’s security apparatussince1989and on, association, assembly,association, movement,and on, ntenced to25years inprison2003. public protests)against thosewhodisagree oners; harshandlife-threatening prison time,withasevere March 2003 remained inprison.Themost March 2003 ttacks against human rights activists and rty and his position as leader of the FAR.rtythe of andhispositionasleader r communistgovernment failsbecause of human rights reportfor2005,the Cuban ssent, arrestedssent, human rights activists and uding 39detaineesheld without formal vil society,vil with only a smalltightly and oppressive tactics in Palacios, releasedfo Palacios, press, assembly, a e “group of 75”politicalprisonersheld “group e es in 2005. These includedarbitrary These es in2005. t toa fair trial, especially forpolitical sserted thattheCubangovernment , by Mark P.Sullivan.) against critics.Although some rnment held333documented government hassuccessfully government crackdownonactivists nd association;and the aftermathof r healthreasonson Cuba after Fidel Cuba after http://wikileaks.org/wiki/CRS-RL32730 April 10,2003. years inprison. years inprison)wasalso three 2002 after prominent political prisoner, Oscar Elías Biscet, (whohad been arrested inDecember Liberation Christian of the Ferrer García Enrique 25years; whoreceived Project, Varela ofthe andLuis aleader Palacios, July 1997 untilMa from been imprisoned sentenced democracy activistsincluded sentenced to20years, andOmarRodríguez 27 independentjournalists,including journalists anddiplomatswe toprisonterm prosecutions, andsentenced history of Cuba.” Reconciliation, calledthecrac headoftheCubanCommi Sanchez, including those supporting the Varela Project. Human rights activist Elizardo labor unions andoppositionpar independent jour a massivecrackdownonindependent broader Internet accessforCubans. Borders. FariñasWithout wentonase receivedthe2006CyberHernández Dissident calling fortheunconditionalrel consists ofwives,mothers,andsister the EuropeanParliament.Thegroup,fo thoseseeking peacefulpoliticalch against Theg Defense oftheRevolution(CDRs). agents, informers, through undercover 2 White ( that they wouldbetriedoncharges of a Oscar MarioGonzález, Manzano, Gomez ofthosearrestedinJuly —René three on July 13and22,2005.InAugust, early Cubansorganizing werein detainedor participatingrole fortheir indemonstrations intimidation, anddetention. Society, itcontinuedtosuppressothe notably most place, May Civil the Assembly Promote to ofthe 20-21meetings reform. Project, whichproposesanationalrefere Nancy SanMartin,“Cuba:Dissident Severe in2003. Crackdown December 12,2006,independentC On On October 26, 2005, a Cuban human rights group known as the Ladiesthe in as On October26,2005,aCubanhumanrights group known In 2005,although thegovernment allowe Damas de Blanco Damas de 2 Some 75 activistsSome were arrested, subjected tosummary trials and ) received the Sakharov Prize forFreedomofThought from Prize ) receivedtheSakharov re excluded from the trials. Amongfrom theexcluded were activistsre According toAmnestyAccording Inte kdown “the most intense wa intense kdown “the most ease ofpoliticalprisoners. s WereEroding SocialistSystem,” In March 2003, the Cubangovernment began s of dissidents whoconductpeacefulprotests s ofdissidents working tounderminethegovernment. CRS-7 ven-month hunger strikein2006,demanding rmed afterCuba’sMarch2003crackdown, Movement, who received 28years. whoreceived Movement, Another neighborhood-based Committeesforthe ndum tobring aboutpoliticalandeconomic economist Marta Beatriz Roque (whohad economist MartaBeatriz Raúl Rivero and Oscar EspinosaChepe, Raúl RiveroandOscar ssion forHumanRights andNational r dissent through harassment, threats, r dissentthrough harassment, triedinApril2003andsentencedto25 ange, including supportersoftheVarela y 2000),whoreceived20years; Hector nd Julio CésarLópez —wereinformed nd Julio s ranging from6to28years. Foreign overnment also continued toretaliate Saludes, sentenced to 27years. to sentenced Other Saludes, award from the Paris-based Reporters from theParis-based award d someopposition gatherings totake ties, andotherdemocracy activists, nalists andlibrarians,leadersof uban journalistGuillermoFariñas rnational, morethan50 ve ofrepressioninthe Miami Herald , http://wikileaks.org/wiki/CRS-RL32730 concerns thattheprisoners we rights groups likeHumanRights Watch a ( improving Cuba’srelations Castillo onDecember6.Many Valdes on November 30; Edel José GarciaDecemberon 2; and Jorge Olivero Broche, andMarcelo Lopez Cuban government sevenpris released who wasreleasedinApril.Fromla andde reasons, including notedeconomist health reasons.In thefirsthalf of the y 75arrestedinMarc the of released 14 easing ofU.S.policy. againstcrackdown According theoppositionblocksany tothisview,the potential control. regime’s his threaten could becauseit States United the opening to relations withtheUnitedStatesisthat view oftenheardwhenCastrotakesharsh that ithadlittletoloseincracking ease theembargo undertheBush Administr judgedgovernment believe thattheCuban currently viewsthedissidentmovementasa the possibility ofeased restrictions U.S.trade astravel an and indication that it of Raúl Castro topower willbe smooth. to clear away any potential oppositioninorde ahead. Along theselines, some analysts become a national security threatregime tothe Castrotough in economic times ahead. According tothisview,anincr regime’s politicalcontrolin light of a analysts thatthecrackdownwasan emphasize U.S. government’s activeandopens crackdown wasaclearmessageby theCuban withthedissident met often Cason, James notably thehead most diplomats inCuba, because thedefendantswere slavery, the Varela Project has collected collected has slavery, Project Varela the fromSpain and the abolition of priest, Felix Varela, whoadvocated independence democracy activists.TheCubangovernment summarytrials thatwerehe by executed were firingsquadsafter men The States. United reachthe to attempt inan threemenonApril11,2003,whohadhijackedaferryHavana executed in life sentenceswhileanother licencia extrapenal licencia Varela Project and Release of Several Prisonersin2004. Some observers maintain that the Cuban government’s willingness tojeopardize In afurtherdeteriorationofthe human Analysts see a variety of potentia ) so that they could be incarcerated) sothatbe they again could at any time. Human ld behindcloseddoors;four with Europe.Theprisoners the NationalDialogue. received 30years inprison. on November29;RaúlRive supported by the U.S. government andthatU.S. supportedbyU.S. the re notreleasedunconditionally. observers maintain that th that observers maintain down on the oppositionmovement.Finally, on a down faltering economy andd te Novemberuntilearly December2004,the easingly assertiveoppos upport fortheoppositionmovement.Other CRS-8 ear, sevenprisonerswere thousands ofsignatur thousands h 2003,and4otherpoliticalprisoners,for oners: Oscar Espinosa Chepe, Margarito Chepe, OscarEspinosa oners: Castro actuallyfurther any isopposedto see the crackdown asaway fortheregime action that jeopardizes an improvement in nd Amnesty Internati l reasons for th that therewouldnotbeany movementto of the U.S.Interest serious security threat. Others,however, rights situation, theCubangovernment mocracy Roque, activistMartaBeatriz ation underany circumstances,andfelt assertsthatthe cr r toensurethattheeventualsuccession government thatitw s. Someanalysts believethatthe effort by Castro to strengthen the effort by Castro In 2004,theCubangovernment other ferry hijackersreceived Named forthe19 Named were onlyparole on released ro, andOswaldoAlfonso e releaseswereaimedat e 2003 cr es supporting a supporting nationales im economicprospects ackdown wasjustified ition movementcould s SectioninHavana, onal haveexpressed forhealth released ill nottoleratethe ackdown on th century http://wikileaks.org/wiki/CRS-RL32730 discussion andtohelpprepareforafuturetransition. ofatransitionprogram doc be thedrafting reconciliationculture, and reuniting withthe community. exile will step The next health andtheenvironment, economic change,as politicaland themes of Cuban havemetindial discussing andpreparing fora democratic of National Dialogue withtheobjective requesting areferendum delivered morethan14,000signatures which includedthearrestof21project the Constitutiontodeclare Cuba’s socialist system irrevocable. 2002 June referendum inlate by OswaldoPayá, whoheadstheChristia electorallaw that wouldresult infree andorganized fair elections.is initiative The an amnesty forpoliticalpris Constitution. Thereferendum,ifgranted, w Cuban ofthe aprovision accordancewith in reform political for plebiscite 4 3 dubbed byorganizers asthelargestits ga fromattending th Cubans andforeigners some prevent did government proceedings. The Cuban the ordisrupt prevent to May 20isCuba’sindependen on May 20-21,2005, withsome200 Bone — the Assembly toPromote Civil Soci human rights activists—MartaBeatri that Cubans,andnotforeigners, will peacef changelaws thisfreedomto exercise address inHavanathatwa of significance Jimmy Carternotedthe 10,000 requiredunderArticle88oftheC to theNationalAssembly calling for a nati by othernotableCubanhumanrights activists. 15, 2002. OswaldoPayá, “Di ofJimmyPeople,” “Text Cuban Liveto Carter’sSpeech,Broadcast Since Since December 2003,Payá hasbeeninvol The VarelaProjecthaspersevered In responsetotheVarelaProject, Assembly to Promote Civil Society. On May 10, 2002, organizers oftheVa ssidents’ Goal: A Na Goal: ssidents’ on democraticreforms. ogue groups to discussaworking documentcovering such s broadcastinCuba.Cart publicorderandthearmed oners, privateenterprise,andchanges tothecountry’s that ultimately ledtothe ce day.ce government Manythe observershadexpected participants. Thedate participants. decide thefutureofthiscountry.” tional Dialogue,” CRS-9 activists. On October 3,2003,OswaldoPayáactivists. On z Roque,ReneGome z despite the2003humanrights crackdown, n Liberation Movement thering ofCubandissidentssincethe1959 theVarelaProjectinhisMay 14,2002 getting Cubansinvolvedintheprocessof e conference, but overall the meeting was meeting the overall e conference,but transition. According toPayá, thousands onal referendum. Thiswasmorethanthe institutional change, socialissues,public Cuban government orchestrated its own its Cuban government orchestrated rela Projectsubmitted11,020signatures to Cuba’sNationalAssembly, again ety heldtwodays ofmeetings inHavana ully by adirectvote,theworldwillsee uban Constitution. Former President Former uban Constitution. ould callforrespecthumanrights, ument tobepresentedCubansfor ved inanotherprojectknownasthe Led by threeprominentCuban 4 National Assembly amending er noted that “whenCubans that er noted Miami Herald forces, and science media, was significant because wassignificant z Manzano, andFelix Manzano, z Associated Press , and it is supported , anditis , August2005. 9, 3

, May http://wikileaks.org/wiki/CRS-RL32730 at the 62 the at to workwith member countries of theUNC tothe United Representative Nati Permanent to reexamine itscurrentUnion policy toward the Cuban regimeU.S. andthe calls on crackdown against dissidentsinJuly 2005. theHous of thesense 2005, expresses to Cuba. communityinternational to supporttheA Civil Promote to Havana oftheAssembly support of express the organizers andpa May 10,2005,andS.Res.140(Martinez), the UnitedNationsCommissiononHumanRights (UNCHR). memberselections.UN tovoteall against Itfor callsfurther Cuba’s membership on prisoners; legalize all political parties, labor unions, and press; and holdfree and fair crackdown inCuba.Theresolutionde the senseofCongress regarding thetwo- regarding Cuba’shumanrights situation. entitled the“HomelandBelongs toUs human rights organizations, and political dissidents inCuba. rights crackdown,featur human of Cuba’s International Organizations) heldaMarc Committee (Western Rights, Hemisphere andHuman and Africa, Global Society. of theleaders 2003 untilApril2004,isone Roque. Roque,whowasimprisoned the April25,2006,beating andintimidation demanded theabolitionof the deathpena called forthe release prisoners, ofall demanded political respect forhuman rights, for political and ec Cuban revolution. 7 6 5 CNews/y97/jul org/ref/dis/052305.htm]. 2005. See the full text of “The Homeland Belongs to Us All” online at Us online Homeland to All” Belongs [http://www.cubanet.org/ “The of text full the See [http://www.cubanet. in is available fromSpanish Cubanet: the resolution of text full The Nancy SanMartin,“‘ATriumph’ H.Res. 388 (Diaz-Balart, Lincoln),H.Res. 388(Diaz-Balart, a Two resolutions—H.Res. 193 (Diaz-Bala H.Con.Res. passedby 81 (Menendez), In terms ofoversight,subcommitteesof the House two International Relations S.Res. 469(Lieberman), approved by Legislative Initiatives. nd sessionoftheUNCHRin2006. 97/homdoc.htm]. 5 The Assembly issued a ten-poi onomic change inCuba. In the 109 the In in CubaasDissidentsGather,” CRS-10 from 1997until2000,and again from March All” onpoliticalandeconomicrights. lty, andendorseda1997 h 3,2005,hearing onthesecondanniversary ssembly and itsmissiontobring democracy rticipants oftheMay 20,2005,meeting in th pproved by theHouseonSeptember29, Congress, four resolutions wereapproved resolutions four Congress, manded that Cuba releaseallpolitical manded thatCuba HR toensureastrong resolutiononCuba theSenateon e regarding theCubangovernment’s ons and otherinternationalorganizations ing testimony by theStateDepartment, The measure also calls on the European The measurealsocallsonthe the HouseonApril27,2005,expresses year anniversary of the human rights human yearthe anniversaryof approved by the Senate onMay 17— Senate approved bythe 6 Society. The resolutions also urge also Society. the Theresolutions Among itsprovisions,theresolution rt, Mario),approvedby theHouseon of Cuban dissidentMarthaBeatriz Cuban of of theAssembly toPromoteCivil nt resolutionlaying outanagenda May 25,2006,condemns Miami Herald dissident document , May 21, 7 http://wikileaks.org/wiki/CRS-RL32730 also causedsignificant damage in 40 years, severely that Charley crops.Hurricanes damaged agricultural and Ivan measured 4.2%, and wasaffectednegatively 45,000 homes andseverely hurttheagricultu hotels closing andrestaurantsbeing em attacks severely The terrorist Hurricane MichelleandtheSeptember11,2001, details, see and Justice, Operations andCommerce, 1996. In 2001and2002,economic growth slowed From 1994-2000, economicgrowth averaged therehasbeen but ranging from35-50%, democracyfunds andhumanrighCongress 10 9 8 faced withunprecedentedeconomicdecline, anyadopt willingness to significant mark States. and 1,000, thelowestrateinLatin America and lifeexpectancy was77years. The under-5 education. TheWorldBank estimatesthat is forecasttobe7.5%. investment couldfurtherboostCuba’s ni provides Cubawith90,000barrels fromaCuba preferential isalso benefitting oilagreement withVenezuela, which economic growth benefitted fromthe growth $700 million in damage according totheCuba outages. HurricaneWilmacau 120,000 homesaswellCuba’snationalpow some in damagesdamaged tohousing, infrastructure,andagriculture. Thestorm an impressive9.5%.Hurricane Dennis k in July andHurricaneWilmathatstruck in severe economicdeterior Primer “Cuba Country Report,” Economist Intelligence Unit, March2006. Foranoverview oftheCubaneconomy, see CRS Report RL30837, “Cuba Country Report,” Economist Intelligence Unit, November 2006. In additiontoresolutionson,and oversig When Cuba’seconomicslidebegan and health in accomplishments nation’s forthe pride hasexpressed Cuba In 2005, despitethewidespread damage the thecutoffofassistancefrom With , by Ian F.Fergusson. U.S. FundingtoSupportDemocracyandHumanRights, 10 Economic Conditions ation from1989-1993,withestima affectedCuba’stouristi sed significant flooding in and flooding inwesternCuba. of oil a day. Promises ofsubstantialChinese Promises ofoiladay. CRS-11 ckel production.Economicgrowth for 2006 et-oriented economicreforms,butin1993, illed 16peopleandresultedin$1.4billion pty. Hurricane Michelle damagedpty. Michelle some Hurricane State appropriationsmeasures.For more October,economicgrowthregistered still considerableimprovementsince1994. in2004,theadultliteracy ratewas97% former SovietUni in 1989,thegovernment showedlittle in ts projectsforCubainannualForeign by adrought ineasternCuba,theworst Cuba beganCuba tochange policy direction. caused bycaused Hurricane Dennisthatstruck ral sector.Economic growth in 2004 of the tourism,nickel, and oilsectors. 3.7% annually, withahigh of7.8%in comparable totherateofUnited ht of,Cuba’shumanrights situation, years ofage mortalityper 9 ratewas n government. Onthepositive side, er grid causing si terrorist attacksintheUnitedStates. in the aftermath of the effects of intheaftermathofeffects ndustry, withreportsofsome Havana,withmorethan 8 tes of economicdecline tes on, Cubaexperienced 9 Cuba: An Economic Cuba: An gnificant electrical below. http://wikileaks.org/wiki/CRS-RL32730 April 2005,p. 3. to theCubangovernment. reduced the value ofdollar remittances sent to Cuba and provides more hard currency foreignof basket currencies.a with the U.S.dollar, butinsteadto This linked were the accounts.Beginning on April 9,2005,c accounts willstillbeallowed,but or deposittheminbankswiththesu 10% surcharge exchan forthe a with pesos,” needto would hotels). Instead, Cubans be usedinentitiesthatcurrently acceptdo Again,” measures. to asaneffort measure the viewed pa for anyconsidered not servicesorproducts In April 2004, theCubangovernment limitedth complain that the government has backed out fore Some regulations. becauseofthe close many ofthe nation’s self-employed. Some new have taxes made itextremelyand difficult for its reform efforts. Regulations poweroutagesand —andthe medicines, bycharacterized lowwages, high pri Central Bank (BCC) tooperateasan reform to legislation government enacted typicalreductions ofsu with tariff defense, health,and educati owned investmentsby foreig place); approving anewforeign investment ( reforms includedbreaking uplarge state 1996 that figure had grown tomoreth in morethan100occupations authorized dollar-only shopspreviously Beginning in1993,Cubanswereallowedto 12 11 sale ofhandicrafts;allowi their produceontheopenmarket;opening opening agricultural marketsinSeptem agricultural cooperatives (Basic Units paladares Larry Luxner, “Cuba’s‘Convertible Peso Larry Luxner,“NewDecreeLi On October25,2004,Fidel Castroannounced Despite these measures, the qualitymeasures,thetheseDespite oflife formany Cubans remains difficult — CubaNews 11 ) in June 1995(ineffectlegalizing) inJune

, April2004. 12 on; and authorizing theestablishmentoffreetradezones ng private food catering,ng privatefood limited to t limited to ners in all sectors oftheeconomyners inall of withtheexception mits Dollar Transactions as CubaTightens Controls Once Cubans willnotbeable autonomousandindependententity. ch zones in June 1996.In inJune ch zones May 1997,the CRS-12 of CooperativeProduction,UBPCs) in1993; an 150occupations. Other Cuban economic ourists and diplomats. Self-employment was anddiplomats. ourists turn back the clock on economic reform economic turn backtheclockon rcharge until November 14.Dollarbank November rcharge until ’ No LongerNo Linked’ toU.S.Dollar,” ces formany basicgoods, shortages of ber 1994 where farmers couldsellpartof ber 1994wherefarmers in 1993, most in the service sector, and by and sector, in 1993,mosttheservice the banking systembanking the new andestablisheda exchange theirdollarsfor“convertible government hasbacktrackedonsomeof law in September 1995 thatallowsfully September in law ign investors in Cuba have Cuba ign in also investors begun to farms intosmaller,moreautonomous, farms ge. Cubans could exchange their dollars ge.their Cubanscouldexchange artisan markets in October 1994 for the for markets inOctober1994 artisan home restaurants have beenforcedto have restaurants home own anduseU.S.dollars to shopat onvertible pesoswere ofdealsorforcedthem out ofbusiness. llars (such as stores, restaurants, and llars (suchasstores,restaurants, rt oftheircorebusiness. Some analysts activities that were alreadyactivities thatwere taking e useofdollarsby statecompanies that U.S. dollars no longer would that U.S.dollars including homerestaurants to deposit newdollarsinto to nolonger onpar CubaNews , http://wikileaks.org/wiki/CRS-RL32730 in Cuba(whichhadbeen curtailedinAu civilian planes),theresumption ofcashre beencurtailedaf had to Cuba(which U.S. supportfortheCuban people.These aftermath of thePope’sJanuaryaftermath 1998visit exports. allows foragricultural toCuba, albeit exports withrestrictions onfinancing such Enhancemen Export Sanctions Reformand television broadcasting to government supportfordemocracy-building terms the toCubaunder exports medical measures fortheCubanpeople.Thisin intervals. of Titleand President Bush have suspended the implementation federal court.Acting under property confiscatedby theCubangovernme provision inTitle demo to Cuba onceitbegins thetransition variety pressure increase to ofmeasures Cuba’s shooting downoftwoU.S.civilia within the last 180days. TheHelms/Burt freightunload ifithas engagedor States foranyintrade withCuba load vessel to subsidiaries fromengagingentry intrade intothe withCuba United and prohibits often referredtoas 104-114), with theCubanLiberty and XVII) and made stronger withtheCubanDemo the islandnationthrough comprehensiveec resulted inthedeathof American Cuban planes operatedbythe Panama; andtheFebruary 1996 30,000 Cubanswhowereinterdic to theUnitedStatesinso-calledMa Hemisphe in AfricaandtheWestern support forguerrilla in Cuban Cuba; in missiles nuclear offensive place to attempt overits Union Soviet the Pigs invasion; the October1962missilecris to overthrowtheCastro government cu Cuban relationship is illustrated by such events and actions as U.S.covert operations close relationswiththeSovi began tobuildarepressivecommunistdi The ClintonAdministration toU.S. policy made several changes inthe Another componentofU.S.policy,so a Since theearly 1960s,U.S.policy towardC In theearlyde relations 1960s,U.S.-Cuban III that holds any person or government that traffics in U.S. in traffics that government or person any holds III that surgencies andmilitary supportfo U.S. Policy Toward Cuba U.S. Policy Toward four U.S.crewmembers. Cuba. In addition, the 106 et Union. Theoftentensea Union. et provisions of the law, however,bothPresidentClinton the Helms/Burton legislation. TheCDAprohibitsU.S. shootdown by Cubanfighter je ted andhousedatU.S.f re; the ofaround125,000Cubans 1980 exodus cracy Act (CDA) of1992(P.L.102-484, Title cracy(CDA) Act ter theFebruary 1996shootdownoftwoU.S. CRS-13 cludes U.S. private humanitarian donations, cludes U.S.private lminating in theill-fatedApril1961Bay of gust 1994 in response to the migration crisis migrationgust 1994inresponsetothe riel boatlift; the 1994 exodus ofmorethan the1994exodus riel boatlift; of theCubanDemocracy Actof1992, U.S. mittances for thesupportof close relatives on Cuba and providesforaplantoassist and on Cuba Democratic Solidarity on legislation, enactedintheaftermathof ctatorship andmovedhiscountrytoward t Actof2000(P.L. 106-387, Title IX) that group, Brothers totheRescue,which included the resumptionofdirectflights included n planes in Februaryn planesin 1996,combinesa were sanctions. Thesesanctions onomic to Cuba,whichwere is inwhichtheUnited States confronted cracy. Among thelaw’ssanctionsisa -called secondtrack, nt liable formonetarynt damagesU.S. in efforts, andU.S.-sponsoredradio teriorated sharply whenFidel Castro uba hasconsistedlargely ofisolating th Congress approvedtheTrade nd hostile nature oftheU.S.- r revolutionary governments acilities inGuantanamoand ts of twoU.S.civilian ts Actof1996(P.L. intended tobolster consists ofsupport III at six-month III at http://wikileaks.org/wiki/CRS-RL32730 responded toU.S.overtures aboutdirectmail President Clinton calledfortheresumption of the U.S.Postalservice totake actionsto from Cuba; through NGOs;3)calling forthere people governmental organizations (NGOs);2)pr pe Cuban the to assistance humanitarian included fourmeasuresdesigned toreach range ofeducational, religious, and sportsactivities. professi categories oftravelers,suchas of people-to-peoplecontactby loosening re cultural exchanges actually reach pro-democracy activists in Cuba. actually exchanges Cuba. in reachpro-democracycultural activists excessive travel,” enforce that limitsonremittances, humanitarianensure and and importance ofupholding andenforcing thela capabilities ofthe Office ofForeign Assets Control.The President noted the enforcement the expand TreasuryBush askedthe enhance and to Department those working tobring about free elections, andallowsforfreespeech.” flights lateryear inthe beganfrom Los passenger charter flights toCuba fromadditional U.S.cities other than Miami (direct with closeof direct relatives expansion inCuba)an could sendCuba; remittances to ofcash remittances toCuba, sothat allbroadening U.S.residentsa (notjustthose announced severaladd and medicalsuppliesequipmenttoC with Cuba), and the streamlining ofprocedures forthe commercial sale ofmedicines 14 13 Cuba’s government ... untilthisregime frees any that hisAdministrationwould“oppose statement onhisAdministration’spolicy agricultural toCuba. exports Administration’s February 2005tightening of 2004tight Administration’s June the to reaction Therewasconsiderable Cuba. to gift parcels humanitarian ontravel, remittances,sanctions and has and moved tofurther tighten restrictions framework, the Administration has emphasi Cuban peoplethrough avariety ofmeas U.S. policy ofisolatingthroug Cuba Bush Administration Policy May 18,2001. The The White House, “ Directmail service wassuspendedin On May20, Administration Actions: 2001-2003. Overview. 14 and4)establishing scholarships in The Bushessentially Administration thecontinued two-trackhas 2002, President Bush announced a new initiative onCuba that Remarks bythePresidentinRecognitionofCubaIndependence Day itional measures to support the itional measurestosupport democratic changedemocratic inCuba.” ening andtothe ofrestrictionsforfamilyvisits 1962. The CubanDemocracy1962. The Actof1992directed CRS-14 h economicsanctions onal researchersandthoseinvolvedinawide provide direct mail service. Inservice. January 1999, providemail direct Angeles andNewYork);anexpansion toward Cuba on May 18, 2001. Heaffirmed toward CubaonMay2001. 18, uba. In January 1999,PresidentClinton January In uba. serviceby maintainingcountries two thatthe He added thathewould“activelyHe support outtotheCubanpeople:1)facilitating ople by U.S.religious andothernon- itspoliticalprisoners oviding directassi sumption ofdirectmailservicetoand strictions ontravel toCuba forcertain direct mail service. Inhas thepast,Cuba zed stronger enforcement ofeconomic stronger enforcement zed ures.within thispolicy However, restrictions on payment termsforU.S. w in order toprevent“unlicencedand attempt toweakensanctionsagainst President Bush made his first major the United States for Cuban students theUnitedStatesforCuban Cuban people.These included 13 In July 2001,President while supporting the stance totheCuban , holdsdemocratic, (continued...) ”, http://wikileaks.org/wiki/CRS-RL32730 an actionthatwillreporte th to thoseCubanswhoparticipatedin of directmail. SeePhilipBrenner, “Washi to discusswith theUnited States measures to about potential terrorismconcern thatcouldo Miami Herald Rosenberg,Carol“New Rule9515; Restricts p. American Boaters from Sailing toIsland,” Cuba Policy Review, WhiteHouse,May 20,2002. agreemwould needtoenterintoacivil-aviation Repression,” by theStates asCubanIdentified Regime Authorities WhoAre Involvedof inActs Martin, “U.S. WillDeny Bans Anti-Dissidents: Entry to300Cubans United The States Deny Visas to Cubans Who Took Partin Deny to CubansWhoTook Visas to Cuba, untilCuba’s government proves that itiscommitted toreal reform.” enforceeconomic to “continue would States United the however,that state, did ThePresident observershadexpected. some include annot explicit tighteningdid initiative ofrestrictions ontravel toCuba that wasrespected,andhumanrights law of of relations would only occurwhenCubaha adopt meaningful market-based ease sanctionsifCubamadeeffortstoc political Congress prisoners. While the to President said that he wouldworkwith and professionalsi 17 16 15 14 boating traffic. and Cuba of thewatersbetweenFlorida President Bush ordered the Department ofHomeland Security itspolicing toexpand several measuresin2004totighten U.S. about. transition fromcommunism todemocracyways and help identify tohelp bring it aFreeCuba to forAssistance “Commission a th Third, migrationto theUnitedStates. information campaign tobetter informCuba redouble effortstoprocessCubanss of newCubanimmigrants eachyear, improve the Second, thePresidentannouncedthat to and fromCuba inorder tomore strictly enforce the trade and travel embargo. Department ofHomeland Security toincreas the instructed President the First, Cuba.” ofanew,free,democratic arrival Report ontheAmericas Presidential Proclamation 7757ofFebruary 26,2004, “PresidentBush Announced Initiative foraNew Cuba,” Presidenton Remarksthe by (...continued) U.S.Department ofState, International Tightened Sanctions in 2004 and 2005. Tightened Sanctions in2004 On October10,2003,thePresidentannounced Miami Herald , February 27,2004. 16 In March,theStateDepartment nvolved inbuildinginstitu civil , March1,1999. , March20,2004. dly coversome300Cubans. reforms, he alsomainta reforms, CRS-15 Information Programs, Washington File,“U.S. to e “show trials” ofdissidentsinMarch2003, “show e onduct free andfairlegi onduct Dissident Trials,” March18,2004;NancyDissident Trials,” San ngton aLittle,” Loosens theKnotJust e Presidentannouncedtheestablishmentof eeking to leave Cuba, initiate apublic Cuba, eeking toleave withtheobjectiveofstopping pleasure United Stateswouldincrease the number ccur with direct mail service and would want ccur withdirectmailwould serviceand prevent suchactivity beforetheresumption d a fully democratic government, the rule were fully ThePresident’s protected. sanctions on Cuba,andthebantravel sanctions e inspections of travelers andshipments oftravelers e inspections sanctions against Cuba.In February, ent. Cubainthepasthasalsoexpressed the methodofidentifying refugees, ns oftheroutestosafeandlegal ,” that would help plan for Cuba’s for ,” thatwouldhelpplan announced that it woulddenyannounced that visas tions and forfamilytions membersof The Bush Administration took Federal Register Federal three initiatives “tohastenthe threeinitiatives 17 ined thatfullnormalization

slative electionsand , March1, 2004, NACLA 15 http://wikileaks.org/wiki/CRS-RL32730 the community international and the programs. Thiswouldroughlyexist.” doublethe $20 millionannually forCubademocracy prog Cuba, Briefing, July 10,2006. Subsequent regulations issuedby the private humanitarian assistance inthe formofremittances and gift parcels. to tighten economic sanctions on family visitsand other categories oftravel and on Cuba. The report’s mostsignificant recommendations included a number of measures democracy-building activities and forairborne of implement key recommendations to various areas.ThePresidentdirectedthatupto$59millionbecommitted in recommendations tohelp plan forCuba’s transition fromcommunism todemocracy Caleb McCarry as the State Department’s McCarry Department’s Caleb State asthe be paidfortheirsales.In July 2005, S against Cubaby furtherrest Department websiteat[http://www.stat 2004 implementedthesenewsanctions.(The immediate endofC the “hasten to measures for recommendations made TheCommission Powell. Secretary Colin then ofState by chaired aFreeCuba, to byissued inter-agency the forAssistance Commission 18 these programs. additional funding beyond whatthe Administr According tothe Cuba Transition Coordinator, thisassistancemillion). would be international efforts at strengthening ci independent information, including throug government’sCuban in breakthe to Cuba atU.S.andthirdcountry univers by thirdcountriesandscholarshipsfor education programs andexchanges, includi years for the following: tosupport C a democratictransition.Th reportmaking recomme second July 10,2006,the inter-agency Commission for AssistancetoFree Cubaissuedits help theCubanpeoplemoveto measures tohelpCubanshastenthetrans Commission for Assistance toaFreeCuba U.S. government “actionsinsupportofa U.S.Department ofStat The reportalsoset forth detailedplans In 2005,theAdministrationcontinued On May Bush endorse 6,2004,President The Commission called for the United for TheCommissioncalled July2006 Commission for Assistance to a Free Cuba Report. 18 Thereafter,theCommissionreco e, SecondReportoftheCommission toaFree forAssistance ricting the process ofhowU.S.agriculturalmay exporters e fullreportisavailableat[http://www.cafc.gov/rpt/]. ward freeandfairelections. ndations tohastenpoliticalchangetoward inCuba Treasury andCommerce CRS-16 ecretary of StateC ities ($10million);tof formation blockade and expand accessto andexpand blockade formation amount currently spentonCubademocracy uban civil society e. gov/p/wha/rt/cuba/commission/2004/].) Cuban community abroad,couldprovide economicallyfrom disadvantaged students the Commission,including supportfor ition todemocracy andtodevelopaplan free Cuba.” SecretaryCuba.” free Ricereconvenedthe vil society and transition planningvil society ($15 transition and new Cuba TransitionCoordinatortodirect h theInternet ($24million); andtosupport uba’s dictatorship” as well aslonger-term aswell uba’s dictatorship” in December2005toidentify additional of howtheU.S.government, along with ng university training in Cubaprovided States toprovide$80millionovertwo full Commission report is ontheState ation isalready currently budgeting for broadcasts ofRadio and TVMarti to to tighten U.S.economicsanctions rams “until the dictatorship ceasesto “until rams d therecommendationsofareport mmended funding ofnotlessthan ondoleezza Riceappointed ondoleezza ($31 milli und additionalefforts Departments in June on); tofund On http://wikileaks.org/wiki/CRS-RL32730 report couldserveassupposedevidencefo of the wives, mothers, sisters and ofpolitical prisoners, expressed concern that the a founding member oftheLadies in White of Cuba,”Aug. 4,2006. July 11,2006. assistance toaCubatransitiongovernment 22 21 20 19 temporarily tohisbrother.TheU.S.Co there hasbeen prompt amigration crisis, can countonthesupportofUnitedStates.” change democratic peaceful desire who Cubans SecretaryAccording to “All Rice, Cuban peopleinanAugust 4,2006,statem Secretaryleader. of new arenoplans for there the that to United the “reach States indicated to out” officials to the Cuban people intheir effort tobuild urged “theCubanpeopletoworkfordemo President The freedom.” and democracy for aspiration people’s Cuban the supporting isabsolutely committedto States a statementonAugust 3,2006,that“theUnited announcement thathewasceding powerto difficult, peacefultransitionandreconcile abilityimportance. totackle Cubans onthe a island have sufficient intellectual “Only weCubans,ofourownvolition... must bebeforeU.S.recognition or assist Leiva also faulted the Commission’sreport for presuming what a Cuban transition elsewhere, butwerequestthat Europe,and America, North solidarity from forthe wehavereceived thankful are “We Chepe, According to ownproblems. their solve to ones the be have to formerandeconomist political prisoner OscarCubans Espinosathatstressed Chepe Cuba dissidentmovement,ot Roca, maintainthatthey wouldwelcome community. Although somedissidents, needs. andsocial humanitarian and anticipating These includedstepsinthe areas ofgove government. by requested is assistance newCuban that the event the prepared in government can take now,before be well Cuba’swill transition begins, sothat it economy.based Thereportalsooutlinedase fair and free and socialneeds,toconduct 11, 2006. Nicholas Kralev, “Bush OKs InitiativeOpposition,” Support to U.S.Department ofState,“Secretary of Miriam Leiva, “WeCubans Must Decide,” FrancesRobles and Pablo Bachelet, “P Although therewassomeU.S.concern Power. U.S. Reactionof to Fidel’sCeding reportreceivedamixed Commission The State Condoleezza Rice reiterated U.S. support for the RicereiteratedU.S.supportfor StateCondoleezza hers expressed concernsa hers expressed they donotmeddleinourcountry.” CRS-17 lan for Change inCubaGetsOK,” StateCondoleezza RiceMessage to the People no unusualtrafficsinceCastrocededpower ance can Leiva, According to be provided. rnment organization, el anythat helpssupportthe assistance U.S. ast Guard has plans to respond to such a such to ast Guardhasplanstorespond elections, andtomovetowardamarket- like formerpoliticalprisonerVladimiro r thegovernment toimprisondissidents. withotherCubanshereandabroad.” to helpitrespondcriticalhumanitarian atransitionalgovernment inCuba. U.S. Miami Herald cratic change” andpledgedsupport U.S. , ahumanrights organization consisting his brotherRaúl,PresidentBush issued ent broadcast on Radio and TV Marti. TV ent broadcastonRadioand ries ofpreparatory stepsthattheU.S. can decide issues ofsuchsingular issues can decide that political change in Cuba could Cuba that politicalchange in 22 responsefromCuba’sdissident In responsetoFidel Castro’s , July 15,2006. , July bout the report. Dissident bout thereport. Washington Times ectoral preparation, 19 Miriam Leiva, Miriam Miami Herald, , July 21 20 http://wikileaks.org/wiki/CRS-RL32730 principles ofequality, onitsindependence,and as blemishes any have previouslywe as said,ourc accept, longstanding disputebetweentheUnitedSt that “we are willing toresolvesaid at the negotiatingHe tableUnited the States. Cuba, first articulated by PresidentBush AffairsT Hemisphere State forWestern if Cuba is prepared to free political pr Administration remains prepared toworkwithCongress for ways toliftthe embargo to democracy.transition a Accordingand opening toShannon,theBush a political willing toworkwithCongress tolift U.S. free and fair elections. free andfair creation ofindependentor Granma described as“arrogant andinterventionist.” strong oppositiontocurrent he expressed “always been disposed tonormalize relations on an equal plane,” butat the same time wanting totravel by boat toCuba tospeed political change inCuba. also community discouraged officials American Cuban open seas.U.S. those the in also announcedseveralmeasurestodiscour to workat home forpositive change.” Department Security ofHomeland officials responsible forintegrating establishment ofthepositionMissi Negroponte John announced inmid-August 2006the of NationalIntelligence message totheCubanpeople, Secretary of migration withsupportfromtheNa crisis, 26 25 24 23 Intelligence Community. working groupmigration. on Department ofHomelandSecu The government assistance. requests transition ademocratic that event the in aid, promotion. TheCommerceDe to ensurethatCubansunderstandU.S. supportfor international actions, tobuild toward Cuba.TheStateDepartment Administration establishedfi Secretary forWestern Hemisphere Affairs,Aug. 23, 2006. “NoEnemy CanDefeat Us,”interview of Pablo Bachelet, “U.S.Creates Pablo “English of Transcript U.S. Department ofState,“U.S. Polic In aDecember2,2006speech,Raúlreiterat Raúl CastroassertedinanAugust In the aftermath of Fidel’s ceding ofFidel’s In aftermath the , Aug. 18,2006. 24 reciprocity, non-interferen Raul Castro’sSpeech,”

ganizations, and create a mechanism andpathway and amechanism ganizations, create toward collection andanalysis countriesacrossthe onthetwo 26 ve interagency working groups Five Groups toEye Cuba,” In additiontotheseworking groups, U.S. Director partment is leading a workingpartment isleading group a onhumanitarian rity andtheNationalSecu CRS-18 y Cuba,”Thomas Toward Shannon,Assistant 18, 2006, publishedinterviewthatCubahas 18, Raúl Castro byRaúl Laszar BarredoMedina, is leading working groups ondiplomatic is leading isoners, respect human in May 2002,thattheAdministrationwas ondition as a country that will not tolerate ondition asacountrynot will that homas ShannonreiteratedaU.S.offerto government positi economic sanctionsif State Rice encouraged “the Cuban people encouraged Cuban “the Rice State on Manager forCubaand Venezuela U.S. policies;strategic communications, age Cubansfromrisking theirlives onthe ates andCuba,of U.S. policy toward Cuba,whichhe toward U.S.policy vy ifneeded.In herAugust 4,2006, long assaidresolutionisbasedonthe 23 of power to his brother, the Bush of powertohisbrother,the Miami Herald In Secretary response,Assistant of ce, andmutualrespect.” ed an offertonegotiate withthe an ed Miami Herald rity Council are heading a , Dec.2,2006. to manage U.S.policy course, provided they course, provided ons; anddemocratic Cuba were tobegin rights, permit the , Sept.13,2006. 25 Diario http://wikileaks.org/wiki/CRS-RL32730 Debate on the Overall Direction of U.S. Policy ofU.S. Direction Debate ontheOverall examination ofU.S.policy. In this to hisbrotherRaúltemporar U.S. embargo, arethecausesofeconomy’s rapiddecline. loosening U.S.sanctionsfurtherargue that impact withthelossoflarge subsidiesfro sanctions the that sanctions canwork;and course initscommitment todemocracysustained and human rights inCuba; that Opponents ofsoftening U.S.policyargue politically a andeconomically, policy atthistimewithout normalize relations, including lifting the embargo. softening They U.S. that argue road map ofthe steps StatesUnited Cuba to that needs totakethe inorder for point outthattheCubanLiberty and Demo measures of support,isthebest means fo through people Cuban the to policytwo-track reaching but out Cuba, ofisolating rights. including China, and also maintain that moderating policy willhelp advance human consistent initspolicies withthe world’sfew remaining communist governments, embargo. Proponentsofchange alsoar becauseofthe people Cuban suffering ofthe increased the to embargo, and the lifting theU.S.embargo, tothemissedoppor Cuba. Supportersofchanging policy also United Statesshouldespouseamorerealistic war scenario. They argue that since Castro’s demise does not appear imminent, the potential totheUnitedStatesand exodus the UnitedStatesofavoiding violentchan on change strengthen forces forpeaceful of reform wouldbe planted in Cuba, which wouldstimulate andseeds the — that its policy towardCuba—through increased Cuba make several policy arguments. Theythatassert ifthe United States moderated call fora swiftnormalization ofU.S.-Cuban relations by lifting the U.S.embargo. hurting the Cuban people, and move toward engagingothers CubaStill indialogue. constructive engagement, that wouldliftsome support theCubanpeople.Othersargue government untilreforms are enacted,current while U.S.efforts continuing to objective. Some advocate pressurekeeping maximum a onthe policy Cuban of sc several to theisland—therehavebeen — tohelpbr of U.S.policyCuba toward Fidel Castro’s Julypower 31, 2006,announcementthathewascedingCastro’s Fidel political changingof On theotherside,opponents In general, thoseadvocating aloosenin Over theyears, although U.S.policymak Issues inU.S.-CubanRelations concrete Cubanreformswoul ily in order torecover from nd facilitatethesurvival CRS-19 new context, there are two broadpolicy are there new context, ing democracy rights forhuman andrespect r realizing political change inCuba. They hools of thought about howtoachievethat thought of hools for an approach, sometimesreferredtoas the island.They stressthe importanceto m the former Soviet bloc. Opponentsof m theformerSovietbloc. Cuba’s failedeconomic point to broad international supportfor pointtobroadinternational ge in Cuba, with the prospect ofa mass ge in Cuba, withthe prospect cratic Solidarity Act gue thattheUnitedStatesshouldbe that theUnitedStatesshouldstay the against Cubahaveonly cometofull g ofthesanctions-based policy toward of involving the United Statesinacivil the involving of travel, trade, anddiplomaticdialogue trade, travel, ers haveagreed on the overall objective approach intrying toinducechange in tunities to U.S. businesses because of tunities toU.S.businessesbecause U.S. policy maintainthatthecurrent are U.S.sanctionsthatthey believe of thecommunistregime. d boost theCastroregime boost d surgery are- foster could of 1996setsfortha policies, notthe http://wikileaks.org/wiki/CRS-RL32730 Fidel Castro:U.S.PolicyImplicationsandApproaches information,seeCRSReportRL33622,additional engagement. (For approach that wouldmaintain the U.S. approaches tocontendchange withpolitical inCuba: a stay-the-course orstatus-quo influencing theCubangovern government whileproviding supporttothe condemning Cubaforitshumanrights crackdownin 2003. ofTitle suspension October 16,2003,Assistant Secretary ofStat Government Reform Committee’s Subcommittee onHuman Rights and Wellness on U.S. allies topushfordemocratic change inCuba. In testimony before the House Legislation Helms/Burton III implementation in July July in III implementation democracy in Cuba.” When President Bush firstused hisauthority tosuspend Title and willexpediteto the a national transition interestsStates to ofthe United month intervals,mostrecentlyJulyon Title Cuba.” He continued, thereafter, intervals, at six-month tosuspend the rights tofile and allies continued their stepped-up efforts topromote a transition todemocracy in he would continuetosuspendtheright to States. At the secondsuspensiononJanua notice that they faceprospectsoffuturela totheClintonAdministration, According a resultliability for trafficking under th 1996, thePresidentannouncedthathewouldallowTitle propertyU.S. confiscated inCuba. Atthe time ofthe firstsuspension onJuly 16, months the right ofindividuals tofilebenefitting suitagainst from those persons atrans and wouldexpedite months at a time ifhe determines that such a delay wouldbe inthe national interest confiscated. The Presidentwere has authority todelay implementation forsix the right tosueCuban Americans who federal courtthosepersonsw investingcountries inCuba,allowsU.S. lifting oftheembargo untilcertain policy optionstowardCuba.In effect,th long-lasting onU.S. effect becauseofthe significant is provision This provisions. waiver ispr regulations.presidential No 102(h) I,Section Title Democratic Solidarity Ac President Bush has continued to suspend implementation ofTitle President Bush hasimplementation continued tosuspend Beginningto delay inJuly 1996, PresidentClintonusedthisprovision forsix Title III andImplementation. Major Provisions III lawsuits. III lawsuits. , controversial because of the ramifications for U.S. relations with relations forU.S. ramifications becauseofthe , controversial III implementation by noting numerous examples of c of examples numerous noting by III implementation , codifies all existing Cuban , codifiesallexisting t (P.L.into lawonMarch12,1996. enacted 104-114)was ition todemocracy inCuba. 2001, he cite ment and Cuban societyment andCuban thr ho trafficinproperty confis democratic cond CRS-20 e titlebecameeffectiveonNovember1,1996. 16, 2006,by determining that it “is necessary nationals to sueformoney damages inU.S. wsuits andsignificant liability intheUnited d efforts by European countries and other e executive branch is circumscribed in any in circumscribed branchis e executive file law suits “as long as America’s friends “aslong asAmerica’s suits law file became U.S. citizens aftertheirproperties became U.S.citizens dual-track policy of isolating the Cuban the dual-track policy ofisolating ovided forany ofthes Cuban people;andanapproachaimedat ry 3,1997,PresidentClintonstated that this putforeign companiesinCubaon e Rogercontinued Noriega justifiedthe itions aremet. embargo executive ordersand embargo executive TheCubanLiberty and .) ough increased contact ough contact and increased III to go into effect, and as and effect, into go III to cated in Cuba. It extends in cated e codified embargo e codified Cuba after III at six- III at ountries http://wikileaks.org/wiki/CRS-RL32730 investment protection relating tothe conf anagreement on strengtheningdevelop of forthe agreed and principles disciplines effortstopromotede continue to agreed understandingwhen anEU-U.S. wasreach ontheissueoccurredApril11,1997, settlement a of U.S. law.Thebeginning it was challenging the Helms/Burton legislation as an extraterritorial application of Trade Organization (WTO). protect its security interests, is well within its rightsNAFTA under and the World principles. U.S.officials maintain that the United States, which reserves the right to constitute an extraterritorial application of U.S. law that iscontrary tointernational maintain that the law’s provisionsallowingforeignpersons tobe sued inU.S.court criticized the enactment ofthe Cuban LibertyDemocraticand Solidarity They Act. andEu Mexico, Japan, including Canada, Cuban investmentsinvolved entry U.S. company’s becausethe denied be could officials top its advising that StateThe Department hadhotels. written from twoCuban tothe hotel chain inMay for TitleIV Enforcement afterSettlement Fails,” Congress,” Cuba fortenyears.Cuba Forseveralyears, th the U.S.-basedITTmillion Corporation$25 company wasavertedby aJuly 1997agreement inwhichthe company agreed topay United States.Actionagainst executives claimedaproperty resultas itsexecutives and Cuba, are in again eligible toenter the Israeli-owned citruscompany. In company; SherrittInternational, a Canadian mining company; and BM Gr propertyU.S. confiscated inCuba:Gr andtheirfamiliesfromthreecomp executives regarding confiscatedproperty. reasons medical or humanitarian for onacase-by-case States United the to fortravel basis waiveable and only underthe aliens whowouldbeexcludable trafficking ofU.S.property.also It interestinanentity involve a controlling property in Cuba. Thisincludescorporate the confiscationofU.S.prope confiscated from U.S. citizensinCuba’s from confiscated a Spanishhotel company, SolMelia, forallegedly investing inproperty that was 27 failed. ofthe property,owners butbyoriginal the end ofthe year settlement efforts had March 2002,indicatedthatasettlement “April Likely toMark BeginningOverBattlePolicyEpicCuba Between of WhiteHouse, Until mid-April1997,theEUhadbeenpursuing acase at theWTO,inwhich Challenge.Foreign Reaction andtheWTO EU’s To date the State Depar State the To date Title IV 27 In mid-June 2004, Jamaica’s SuperClubs InJamaica’s 2004, mid-June Cuba Trader of thelawdeniesadmissionto , March 11, 2002, p. 2-3; “Congress Expected to Make New Push New Make, March11,2002,p.2-3; to “CongressExpected tment has banned from the United States anumberof States tment hasbannedfromtheUnited confiscated U.S.property. rty in Cuba or in the trafficking ofconfiscatedU.S. rtytrafficking inCubaorthe forindividuals todefend themselves inlegal actions 1997, GruposDomosdisinvestedfromU.S.- includes thespouse,minorchild,oragent of includes CRS-21 upos Domos, a Mexican telecommunications upos Domos,aMexican Holguin provincein1961.Pressreports e State Department ha Department e State mocracy inCuba and toworktogether to of STET,anItalianof telecommunications d intheconfiscationofU.S.property or officers, principals,orshareholderswith iscation ofproperty andother by Cuba provision. Thisprovisionismandatory, was likely betweenSolMeliaandthe was ropean Union(EU)nations—strongly ed. In the understanding,ed. In bothsides the for theuseofITT-claimed property in Cuba Trader anies because of their investment in anies becauseoftheirinvestment United Statestoaliensinvolvedin resortchaindecidedtodisinvest , December 9,2002. Many U.S.allies — s been investigating oup, an http://wikileaks.org/wiki/CRS-RL32730 Cubans: WTO Decision and 22, 2001. President Bush noted the difficulty of difficulty the Bushnoted President presidential waiverfortheprovision, the Administrationwaslooking intothe amendment ofTitle IV inCongress.initially TheAdministration Bush indicated that opposition totheagreement by several that the President’s Title IV waiver authority was exercised. a record ofclaims. These investment disciplinestime weresamethe tobe at applied investors and government agencies providi properties wouldbedeni government support orassistancefortran expropriated propertyin investment wouldbe barred. Forillegal pastexpropriations, the legislation’s TitleIV visa restrictions. Under the in exchangewaiverobtaining forthea ClintonAdministration’s fromCongress for setregarding forthEUdisciplines investment inexpropriated properties worldwide, reachedasecondunders United States in Cuba.Nevertheless,af investments and the United States wanting disciplines proved difficult, with the Eur challenge expire. WTO its WTO disputesettlementcase.Subsequently governments. Aspartoftheunderstanding 30 29 28 confiscated unlesstheoriginal ownerof assetsor inCuba that were nationals that were used inconnection witha business or foreign Cuban from paymentaccepting andrenewals registrations fortrademark 105-277, signed intolaw Oc appropriations FY1999 omnibus the in provision A name. Club Havana the rightto the holds it that maintains Bacardi withtheCuban government to venture Ricard, andtheBermuda-basedBacardiLtd. Trade Organization involvesadispute betw Section 211Tradem permanent waiver authority forTitle Cuba in exchange for the Administration securing waiver authority forTitle IV and arrangement with the EU inwhich the EUwouldtake a stronger policy stance toward July2003, somepressreportsindicatedth Foradditional information, seeCRSReport RS21764, “Is theUS After aHelms-Burton Solution?” U.S. Take Sharply“EU, Differe Reaction was mixed among Members of Congress to the EU-U.S. accord,but EU-U.S. among the ofCongress to Members wasmixed Reaction a States United the between Talks Another EuropeanUnionchallenge ofU. ed. ARegistry ofClaimswoul ter months of negotiations, the European Unionandthe ter monthsofnegotiations, theEuropean Congressional Response ark Provision tober 21, nt Tacks onDisputeResolution,” measure(Section211ofDivisionA,titleII, P.L. III of the Helms/Burton legislation. Helms/Burton the III of CRS-22 tanding on May 18, 1998.Theunderstanding persuading Congress toamendthelaw. but during the June 2001 U.S.-EU summit, 2001U.S.-EU but during theJune produce and export HavanaClubrum,but produceandexport the trademarkhasconsented.Theprovision opean Union wanting tocoveronly future 1998) prevents the nd theEuropeanUniononinvestment at theAdministrationwasconsidering an ng investmentsupportthataproperty has , theEUagreed thatitwouldsuspendits Cuba Trader to cover past expropriations, especially expropriations, to coverpast een theFrench spiritscompany, Pernod sactions related tothoseexpropriated sactions related in mid-April1998,theEUagreed to let possibilities oflegislation toenacta possibilities senior Members hasforestalledany Members senior 30 S. law regarding Cuba inthe World Pernod Ricard enteredintoajoint Ricard Pernod , by Margaret Mikyung Lee. Restricting TrademarkRights of d alsobeestablishedtowarn , July 14,2003. , July understanding, future Inside U.S.Trade United States from 29 , June 28 In http://wikileaks.org/wiki/CRS-RL32730 with the WTO ruling through legislative actionby rulingwith theWTO through legislative Congress by January 3,2003. however, in an EU-U.S. bilateral agreement, the EU request the not agreement, agreed would it bilateral anEU-U.S. that however, in ruling. 211intocompliancewiththeWTO OnJuly 1,2005, to bring Section That deadline was extended several times since nolegislative action had been taken successors-in-interest). 211 restrictedaccessinadiscriminatory manne Although thereisaccesstocour rules. WTO which couldrequiretheUnited States to am violated WTO provisions onnationaltrea U.S. Trade, Law inTrademark Dispute,” trademark holders. 211wasinviolationofTRIPsthat Section establishing theirowntrademarkownershi by trademarks protect freeto members WTO leave rules property rights intellectual Representative (USTR), the (USTR), Representative tothe Unitedthe States ruling Trade was described as According mixed. appealspanelissueditsrulingagainWTO onJanuaryand The 2002, ruling. 2, the by courts U.S. accessto denies TRIPS holders. the becauseit trademark such Cubantrademarksbasedoncommonlawri 211(a)(2)) (Section that aportionofthelaw WTO rules onintellectual property rights di described withbothsides as claiming mixed, partiala victory. The panel ruled that Intellectual Property (TRIPS). An August2001 ruling 6, by the WTO panel was maintaining that the U.S.law violates the Agreement onTrade-Related Aspects of disput resolution, theEUinitiatedWTO recognizing any assertion oftreaty rights withregard tothe trade name. United use theHavanaClubnamein upheldalowercourt’sruling that New York federal court.In February 2000, the U.S. label, Pernod Ricard’sjoin label, Pernod should theembargo belifted. rights distribution future its protect to wants it embargo, trade becauseofthe States original owner.Although PernodRicard prohibits U.S. courts from recognizing such trademarkswithout the consent of the 32 31 “U.S.,EUAgree onDeadlineforComp United Representative,States Trade “WTO On March28,2002,theUnitedStatesagreed In early October2001,theEUformally consultations After formalU.S.-EU After Bacardi beganBacardi sellingAfter rum inthe United States under the Havana Club April12,2002. 31 However, theappellatepa Press Release, January 2,2002. Press Release,January t ventureunsuccessfully ch appellate panel CRS-23 lying with Section 211 WTO Finding,” lyingFinding,” withSection211WTO Court of Appeals for the Second Circuit in Circuit Court ofAppealsfortheSecond tment andmost-favored cannot marketHavanaClubintheUnited p criteria”andoverturnedtheearlier ruling Issues ReportUpholding e settlement proceedings in June 2000, inJune proceedings e settlement because it denied access to U.S. courtsby to U.S. because itdeniedaccess on theissuewereheldin1999without end Section 211 so that it does not violate not does end Section211sothatit prohibitingU.S. courtsfromrecognizing States and also that it wasbarredfrom it that andalso States d not cover tradenames,butalsoruled notified the WTO notified theWTO that itwasappealing thejointventurehadnolegal right to ts toenforcetrademarkrights, Section upheld the“U.S.positionthatWTO r (against Cubannationalsandforeign ghts or registration is in violation of registration isinviolation ghtsor thatitwouldcomeinto compliance nel alsofoundthatSection211 allenged BacardiinU.S. Key AspectsofU.S. -nation treatment, Inside 32 http://wikileaks.org/wiki/CRS-RL32730 and the United States agreed not States United and the authorization toretaliate at that time, butreserved the right todosoat a future date, July 15,2005. (Rangel), butnoactionwastakenon calling fortherepealofSection211asa as advancedby S.2373 (Domenici) and H. hearing ontheSection 211 trademarkissue Cuba. registered in Theythat thelawendangersargue over have repealed Section 211. Intwo have repealedSection211. addition, andH.R.579 embargo, H.R.208(Serrano) no actionwastakenonthesemeasures. to Section advanced thenarrowfix 211 in provision fromlaw, Section 211trademark under theInter-American Conventionfor to take action tocomply withthe WTOruling. dosoat to right reservedthe but States, U.S. bilateral agreement, inwhich the EUagreed nottoretaliate against the United 211 wouldbeamendedsothatitalsoapplie and H.R.1689(Feeney) —wouldhaveadva would have repeal Section 211.In contra Actconsisted Authorization Foreign Affairs FY2007 (S.Amdt. 281)toS.600(Lugar),and theFY2006 rep have had provisionsthatwould U.S. agricultural salestoCuba,H.R.719(M 211.Twob Section would haverepealed Examination ofSection211theOmnibus 35 34 33 Congress passedtheTradeSa years, butwithnumerousrestrictions Exports Agricultural is basedonaforeign compensation.” United States “will notgive effect toa claim orright to U.S. property if that claimed the that affirm would it approachargue that ofthis Advocates companies. foreign to would be amended so that it also applies toU.S.companies instead ofbeing limited 211 compliance withthe WTOruling.Section Some want inwhich a narrow fix “USA-Engage CubaFight,” Joins BrianLehman, testimony before theSenateCommittee“An hearingon Judiciary, on the “Japan, EU Suspend WTO Retaliation Against EUSuspend WTO Cases,” U.S.inTwo “Japan, In the108 In the109 U.S. commercial agricultural toCuba have exports been allowed forseveralU.S. been Two differentapproacheshave th th Congress, theSenateJudici Congress, several legislative initiatives wouldhave repealed the 35 They maintain that Cuba could retaliate against U.S.companies of thelanguagethat ofS.328,including aprovision nctions Reformand Expor to blockafutureEUrequest. Cuba Trader 34 CRS-24 any 108 the in measures ofthese ealed Section211.A Others want Section want Others 5,000 trademarks of over 500 U.S. companies U.S. 5,000 trademarksofover500 dvanced by(Baucus) andH.R.2494 S.2002 a later date, reduced st, twoidenticalbills—S.691(Domenici) and licensing requirements.The106th AppropriationsActof1998,” July 13,2004. order tocomply ruling, withtheWTO but R. 4225 (Smith of Texas), aswellthose R. 4225(SmithofTexas), Trademark andComme featuring thoseadvocating thenarrowfix H.R. 3372 (Flake) and S. 1604 (Craig) 1604 S. H.R. 3372(Flake) and d to U.S. companies.TheJuly 2005EU- identical billsthat advocatedtobring Section211into ills thatwouldhave oran ofKansas)andS.328(Craig), also (Paul), includedprovisionsthatwould while twoidenticalbillswouldhave nced the narrow fix in whichSection nced thenarrowfix ary Committee heldaJulyary 13,2004, Committee , April1,2002. t Enhancement Act of 2000 of t EnhancementAct 211 repealedaltogether. pressure onCongress pressure proposed amendment would havefacilitated 33 liftedtheoverall InsideTrade U.S. rcial Protection. th Congress. , http://wikileaks.org/wiki/CRS-RL32730 February rule. pleasedby clarificationthe butindicated thatthe theyoverturn to work wouldstill February 22,2005amendment,suchasth unrelated claims whilethe stillat U.S. port. S would reportedly ensure thatwouldgoods the not be vulnerable to seizure for soon asaforeign bankconfirmsreceipt commercial saleports as ofU.S.agriculturalleavecanvesselsU.S. Cuba, to exports on Nominees,” the House Committee onAgriculture, March16,2005. the commonunderstanding ofthete Cuba. OFAC Director Robert Werner maintains that the clarification “conforms to intent of TSRAand could jeopardize millions ofdollars in U.S. agricultural sales to Congress strongly objected that thethe actionviolatesthat sanction constitutes new a tocomply.ag window forexporters U.S. Register they which at port the areloaded. byreceived is thesellerorseller’sagen of“paymentto term clarify TSRA’s ofcashin advance” that means the that payment the salesbeconductedin“payme Enha Trade SanctionsReformandExport werean there whether examine could OFAC of agricultural andmedicalproductstoCuba U.S. bankstostoptransf instructed (OFAC) 2001. implementing the new provisionswere published inthe to conductbusinessre importing goods fromCubabutauthorizes TSRAreiteratescountries. the existing ban on or withfinancingthird from commercial financing or private U.S. accessto exporters denies furthermore, TSRA, such exports. finance to guarantees areavailable credit or credits, assistance, export assistance, agricultural commoditiestoCuba,although or TSRA(P.L. 106-387,Title IX) that allo 37 36 to Cubahadfallenby 25%, in agricultural products. In the first se 2004, $369millionin2005, and $263 for the first eight monthsof2006,themajority 2001,$146millionin2002,$2592003,$404 in $7 million products from the United States. Overall Christopher S. Rugaber, “Treasury Clarifies ChristopherS.Rugaber,“Treasury U.S. Department oftheTreasury, Testimony On July 29,2005,OFACclarifiedthat,for OFAC ultimately amended the Cuba embargo regulations onFebruary Control Assets Foreign of Office Department’s Treasury the 2004, In November Since late 2001, Cuba haspurchased Cuba Since late2001, onFebruary 25,wentintoeffect 37 International TradeReporter lated tothenewly allowedag credit;alltransactionsmust but reboundedbeginning inAugust 2005sothatforthe nt ofcashinadvance.” The new regulations, published in the the The newregulations, publishedin rm ininternationaltrade.” CRS-25 ven monthsof2005, U.S. agricultural exports e American Farm BureauAmerican Federation, were e ricultural exporters ricultural exporters of payment from Cuba. OFAC’s action OFAC’s of payment fromCuba. , August 4,2005. ws for one-year export licenses for selling for ws forone-yearlicenses export ncement Actof2000,which requires that onMarch24,2005,providing a30-day U.S. exports toC Cuba FarmCuba ExportRule,andBaucus Relents t prior to the shipment of the goods from t priortotheshipmentofgoods ofRobertWerner, travel toCuba,unde ers of funds to U.S. companies for sales for ers offundstoU.S.companies . Thetemporarythat so movewastaken no U.S. government assistance,foreign more than$1.4billioninagricultural y violationsoftheprovisions “payment of cashinadvance”forthe upporters ofoverturning OFAC’s be conductedin ricultural sales. sales. Regulations ricultural Federal Register uba amounted and someMembersof Director, OFAC,before 36

r aspecificlicense, cash inadvance onJuly 12, 22, 2 toabout Federal 005, http://wikileaks.org/wiki/CRS-RL32730 exporting agricultural commodities toCuba. March 16,2005,featuring theOFAC Director under TSRA.TheHouseAgriculture Co Cuba to exports of“payments agricultural meaning advance”forU.S. ofcashin focused onoverturning theTreasury Departme purchasestoCubamorerapidly.U.S. companiesexpand thatallowi contend prohibition onfinancing toCubainthe rebound inU.S.exports a resultofthefinancialsupportthat local and stateoffici maintainof Cuba’s effortsresult that toinfluence the a decline was U.S.companies, to Cubain2005wasbecauseofthestri The Cuban government maintains that the overall decline inU.S.agricultural exports late July 2005clarification regarding “payment noted above. advance” of cash in Congress,” February 11,2003. Herald equipment toCuba. andfarm agriculture theysell can that so restrictions change to U.S. want exporters ofover$700millionannuallymarket a soclosetotheUnitedStates.Some on restrictions onagriculturalto exports Cuba U.S.agribusiness political repression. use U.S. policyuse U.S. asascapegoat faile forhis the believe population. Some harm They restrictions the argue that year toCubaha overall,U.S.exports 41 40 39 38 toCubabecause agricultural exports continua toCubasupport that export prolonga theCastroregime remain steadfastinitsoppositiontoany the durationofCastroregime. They pressure on theCubangovern dollars inprivatehumanitariandonations Democracy Actwasenactedin1992,the of salessince2001.Moreover,according to that U.S.policy doesnotdeny such sales Jane Bussey, “ExportReversal, Jane FoodE Atlas. Department WorldTrade ofCommerce Statistics. “Farm Opposition from EquipmentTough WhiteHouse, ExportsLikely toFace “Ag Groups SplitOver WithCuba,” Trade Some groupsrestric favor furthereasing Legislative Initiatives. restrictions easing Opponents offurther , Feb.25,2006. Cuba Trader 40 als, andMemberstolobby forchanges inU.S.policy as well as Some agricultural exporters who support the lifting ofthe lifting whosupportthe Someagricultural exporters , Vol. III, No. 7, February February 7, No. III, Vol. , nd itsrepressivepo ment wouldineffectbe embargo playsembargo intoCastro’shandsby allowing himto In thefirstsessionof109 Cuba receives from Venezuela andChina. Cuba receivesfromVenezuela d declinedjust8.7%comparedto2004. it ensuresthatthey willbepaid. CRS-26 xports toCubaDippedby 11%in 2005,” second halfof2005coincidedwithOFAC’s tion oftheprohibitiononfinancing for thehealthandnutritionofCuban to Cuba,asevidencedby the large amount d economicpoliciesand companies thatsupporttheremovalof maintain that theUnitedStatesshould that maintain believe that U.S. farmers are missing out missing believethatU.S.farmersare mmittee heldahearing ontheissue . Opponents further argue thateasing . Opponentsfurther easing ofpressureonCubathatcould cter U.S. regulations. Otherobservers U.S. cter on agricultural exports to Cubamaintain to exports agricultural on United States has licensed billionsof licensed United Stateshas the State Department,sincetheCuban theState ng suchfinancing wouldhelpsmaller and representativesofU.S.companies tions on agricultural exports tions onagriculturalto exports Cuba. Congress DailyAM nt’s new regulations that clarify the 17, 2003. licies. Some agricultural producers lending supportandextending 41 th Congress, attention , National Journal, as a rationale for as arationale 38 Miami The 39 http://wikileaks.org/wiki/CRS-RL32730 November 15,2005. end ofthe109 provision weakening Cubasanctions.Acti Statement of Policy on the billhad a presiden thecommittee’sJulyduring 20,2006,markupofthebill.TheAdministration’s 109-293); itwasaddedby anamendmento end ofthe 109 Appropriations Committee’s version of th provi Senate The 2006. 14, voice voteonJune provision (Section950)wasaddedby H. restrictions onfinancingtightened forU.S. which wouldhaveprohibited appropriation bill,H.R.5576,containeda Appropriations Committee-reported versions Department onacase-by-case basis. Ac a general license,insteadofunderaspecific agricultural andmedicalgoods.of Itsale (Section755)liber which containsaprovision version oftheFY2007 Agriculture appropr appropriations willbe These two bills also included provisionsthat wouldhaveThese provided fora twobills also general FacilitationAgricultural Actof Export provision wasincludedinH.R.719(Moran commodity and the release ofcontrol ofthe commodity tothe purchaser. A similar and thereceiptofsuch payment to theseller payment the that by means “paymentterm TSRA’s advance” purchaser ofcashin the and S.634(Chambliss),bothintroduced 42 addressed early inthenewCongress. (OFAC) untilthe Treasury Department changed the tightened restrictions. denied $5milliontothe Treasury Control Department’s Office ofForeignAssets Houserejected, White the that indicated dur conferencereport(H.Rep November 18,2005, contained suchaprovision.Ultimately versions, maintained that the President wouldveto the billifthe final version Administration’s Statementsof Policy onthe bill,forboththe House and Senate The Cuba. to exports agricultural U.S. “payments advance”for ofcashin the Cubanamendments Assetsto ControlRegulations tightened that on restrictions fromfunds being versionandSection719intheSenate House Treasury appropriationsbill, “White House Rejects Compromise “WhiteHouseRejects Provisions,” onCubaTrade Also in the second session, the Sena the Also inthesecondsession, In legislative action, the House- and Inand legislative action,theHouse- Among other legislative initiatives inthe 109 In thesecondsession of the 109 th th Congress, soFY2007 agriculture Congress, so final action onFY2007action Transportation/Treasury final Congress, so used toimplement the Administration’s February 25,2005, completed inearly 2007. H.R. 3058, had identical provisions (Section945inthe identical H.R.3058,had funds from being usedtoimplementtheFebruary 2005 th CRS-27 Congress, boththeH tion on H.R.5384wasnotcompletedby the 2005,bothintroduced February 9,2005. wouldhaveprovidedforsuchtravelunder March 16,2005,wouldha Amdt. 1049 (Moran, Kansas),adoptedby provision similartothatapprovedin2005, te Appropriations on on H.R. 5576 wasnotcompletedbyH.R. the on on iations bill, H.R. 5384(S.Rept.109-266), iations bill, e billreported onJu the provision was not includedinthe not the provisionwas ing conference, language thatwouldhave agricultural exports to Cuba. The House The toCuba. agricultural exports ffered by Senator Dorgan by voice vote Senate-passed vers occurs priortothetransferoftitle of the FY2007Transportation/Treasury ofthe license currentlyby issued theTreasury tial veto threat ifthe bill contained any ofKansas)andS.328(Craig), the version)thatw sion (Section 846) wasintheSenate (Section sion t. 109-307)tothebill.Pressreports alizing traveltoC th Congress, H.R. 1339 (Emerson) Congress, H.R.1339 appropriations willneedtobe ouse-passed andSenate Committee reported its ould haveprohibited ly 26, ions oftheFY2006 Congress Daily AM Congress Daily uba relatedtothe ve clarifiedthat 2006 (S.Rept. 42 , http://wikileaks.org/wiki/CRS-RL32730 including restrictionsonag products, asopposedtothecurrentrequireme license fortravel transactions relatedand sale tothe marketing ofagricultural H.R. 208 (Serrano) and H.R. 579 (Paul), H.R. 208(Serrano)and579(Paul), Facilita of S.328,theAgricultural Export amendment —S.Amdt.281(Baucus) —toS. conduct activitiesre visas for issue Secretary ofStateshould the sense ofCongress thatexpressed the transactions. The billsalso wouldhave Travel andPrivate Humanita gift parcels. provision ofprivate humanitarian assistanceremittances toCuba intheand formof Administration significantly restricted travel, especially family travel, and the educational exchanges unrelatedtoacade tightened. In March2003,theAdministrati has increased, and restrictions ontravel and on private remittances to Cuba have been Office ofForeign AssetsControl(OFAC). (CACR), theoverallembargo regulations ad on travel and remittances to Cuba are part of the Cuban Assets ControlRegulations for fiveyears, from1977until1982,therewere years.40 past Over time there have been numerous changes totheand restrictions g communist the isolate to of efforts U.S. ! ! ! 2004restrictionsarethefollowing.Among theJune Under theBush Administration, enforcemen Restrictions ontravel to include seeds, clothing, personal hygiene items, veterinary medicines veterinary seeds, clothing, personal hygiene items, include Party. Thecontents Communist Cuban ofthe members andcertain officials Cuban certain to Gift parcels are limited to immediate family members and are denied travelersmaythat authorized carry toCuba,from$3000$300. regulations werealsochanged of members andcertain officials immediate family and tocertain mayremitted governmentbe not may still be sent, but it isnowrestricted tomembers ofthe remitter’s $800 million,arefurtherrestricted. of Cash remittances,estimates visit relatives towithinthree degrees ofrelationship tothe traveler. under aspecificlicense.Previ but travel morethanonceayear allowed with under ageneral license, Under previous regulations, occur once family a yearcould visits specific license toimmediate and family are restricted members. Family toonetripevery visitsarerestricted threeyears undera lated topurchasing U.S.agricultural commodities.Aproposed ricultural trade withCuba. Cuba havebeenakey and CRS-28 to reducetheamount of remittances whichrange from$400millionto rian Assistance Restrictions the CubanCommunistParty. The overnment ofFidel Castroformuch of the the temporary entry of ously travelhadbeenallowedto ofgift parcelsmay nolonger on eliminated travel forpeople-to-people tion Actof2005.Twoadditionalbills, would havelifted would ministered by the Treasury Department’s mic course work. In June 2004, the mic coursework.In 2004, June Quarterly remittancesof$300 600(Lugar), consistedofthelanguage nt ofaspecificlicen no restrictionsontravel. Restrictions t ofU.S.restrictionsonCubatravel often contentiouscomponent the overallembargo, Cubannationalsto se forsuch travel http://wikileaks.org/wiki/CRS-RL32730 29, 2005. World Baseball Classic tourna World toMajor Leaguelicense Baseball that wouldallow a Cuba team toparticipatein since hehadvisitedthemin2003. Lazo,byprohibited travelis the restrictions who fromvisiting histwosonsinCuba also focused onthe case of a U.S. military member whoserved inIraq, Sgt. Carlos restrictions. travel U.S. ofskirting asameans Cuba to that groups practicing theAfro-Cubanreligi affiliated with the religious organizations. OFAC’s action were prompted by reports to Cubaandwarnedthemnotabuse religious crackeddownoncertain OFAC and engage intravel-relatedtransactions. Augustin 2004tocontinue medical students result ofthesea concerns, OFACAs ultimatelyOFAC regulations. licensed the abandonthei to the studentsmay beforced program scholarship establishment ofthe Members oftheCongressional Black Cauc receiving fullscholarships attheLatin Am elimination offully-hosted trav without considering thefullconsequencesof Cuban people. Therehavealso the tightened sanctions are anti-family and willonly result inmore suffering forthe government dollarsthathelp main restrictions. Supporters 27, 2005 44 43 Jim Abrams, “VeteranofIraq Home WarDenied Trip toCuba,” Oscar Corral, “Is SanteríaUsed as Ploy to Skirt Travel Rules?,” Several high profilecaseshighlighted There wasreaction mixed tothe tightening ofCuba travel and remittance ! ! ! ! equipment. fishing equipmentandsupplies,soap-making supplies, and schools. elimination ofeducationalexch educationalTravel activities for isfurther restricted, including the travel. Fully-hosted travelisnolonger a Cuba toimport$100worthofgoods asaccompanied baggage. back intothe United States.to regulations Previousvisitors allowed ac orotherwise purchase may not With the exception ofinformational materials, licensed travelers per day. the StateDepartmentperdiemra The authorized per diem allowed fora family visitisreduced from maintain its repressive c repressive maintainits tain thattheincreasedrest ment in the United States. OFAC had concerns that concerns had OFAC ment intheUnitedStates. el raisedconcernsaboutth been concerns that the the new were beenconcernsthat restrictions drafted 44 In December 2005, OFAC initially2005, In denied December a CRS-29 llowed as a permissible category llowed as apermissible of te, currently $167perday, to$50 for U.S. students, expressed concern that for U.S.students,expressed organizations promoting licensedtravel anges sponsoredby secondary their license by taking individuals not their licensebytaking on Santería had been taking large groups quire merchandise the Cubatravelissuein2005.In April, r medicaleducationbecauseofthenew their implementation. For example, the implementation. For example, their erican School of Medicine inHavana. Medicine of erican School theirstudiesforaperiodoftwoyears us, whowereinstrumentalinthe ontrol. Opponentsargue that 43 rictions will denyrictions theCuban During the year, attention e statusof70U.S.students Miami Herald Associated Press andbring it , February , June http://wikileaks.org/wiki/CRS-RL32730 expressed concernaboutmorerestri expressed suspend therules withrespectto suspend the FY2006 Interior2361, H.R. appropriations visit histwosonsinCuba. In Senate of U.S.militarybycase the memberSgt. legislation inanappropria wa the U.S.military, H.Amdt.419(Flake), was withdrawn,and (Flake), H.Amdt. 421 embargo, by 169-250.Anadd avoteof educational travel,by avoteof187-233; H.Amdt. 420 (Davis)onfamily travel, by travel forforeign policy reasons. thousands ofAmericanseachyear; and that legal provisionsallowing travelto Cuba providing his government withof millions dollars in hard currency; that there are more Ameri that the Cubatravelbanare communist orauthoritariangovernments. rights ofordinary Ameri and may beaiding Castroby helping restrict ofCuban familie suffering the their licensessuspended,andChurchgroups to Cubachosenotrenewtheir licenses. 200 some 26oftheapproximate travel ag suspended,and license OFAC agencies hadtheir three Another Cuba. to travel appropriations bill, H.R. 3058, thatwould 3058, appropriations bill,H.R. theHouserejectedthreeame 30, 2005, licensed travelserviceprovidersinFl Herald defiance ofU.S.sanctions. and theVenceremosBrigade — both of whic the from United to organizes caravansofaid States Cuba (which via Peace Mexico) reportedly sent letters tosome 200trav ofenforcement travel restrictions. Pre charity, inthiscase tothe victims ofHurricane Katrina. any assurancesthat after proceedsearnedbylicense go would to team Cuban the participation. OnJanuary 20,2006,how the Cuban government could have benefittedfinancially fromitsteam’s 46 45 York Sun York 29, 2006; Pablo Bachelet, “New Rule 29, 2006;PabloBachelet,“New 2006. Pablo Bachelet, “U.S.GetsTougher PabloBachelet, Oscar Corral, “FedsLay Down theLaw onCuba toTravel Agents,” Legislative Initiatives. Legislative argumentsMajor made forlifting the Cuba travel ban are that itcontributes to In 2006,therewerefurtherindicati , Jan. 12. 2006; Meghan12. Clyne, “BushEnforcing CubaEmbargo, Jan. inNewPush,” , Jan. 12,2006. , Jan. cans; andAmericanscantrav tions bill.TheintroductionofH.Amdt.419wasprompted 45 On January 23,OFAC suspendedoneofthelargest On s; ithinderseffortstoinfluenceconditionsinCuba In thefirstsessionof109 s Impede Religious Travel,” S.Amdt. 1059 (Dorgan), which would have S.Amdt. 1059(Dorgan), which would action, during June 29,2005, considerationof action,during June ctive licensesforreligious travel. CRS-30 on GroupsDefying CubaTravel Rules,” orida, La Estrella de Cuba, frombooking orida, La EstrelladeCuba, ss reportsinJanuary indicatedthatOFAC elers from two U.S. for humanitarian purposes that areusedby purposesthat for humanitarian and H.Amdt. 424 (Rangel) on the overall the andH.Amdt.424(Rangel)on can travelwouldsupportCastro’sruleby CarlosLazo, notedabove,whowantsto avoteof208-211;H.Amdt.422(Lee) on Major argumentsin oppositiontolifting Major ndments totheFY2006 Transportation Several religious or Severalreligious encies licensedbytravel book to OFAC itional amendmentonreligious travel, an amendmentontravelby membersof the flow of information; itabridgesflow the the and severalMember the President shouldbefreetorestrict thePresident ever, OFAC ultimatelythe approved h have long organized tripstoCubain ons of the Administration’s strict Administration’s ons ofthe have easedCubatr s ruled outoforderforconstituting s bill, the Senate rejected a motion to motion a bill, theSenaterejected el to othercountrieswith to el Miami Herald groups th ganizations alsohad Congress, onJune s of Congress have s Miami Herald avel restrictions: — Pastors for 46

, March16, Miami , April New http://wikileaks.org/wiki/CRS-RL32730 the 109 Treasury Department. Final action onthe billwas notcompleted before the end of under aspecificlicenseascurrently allowe haveprovidedforsuch tr would provision liberalized travel toCuba liberalized 109-266), whichcontainedapr (S.Rept. itsversionoftheFY2007 Agri reported withdrawn fromconsideration. funds toamendregulations Cuba amendment,H.Amdt.1032(Flake), 2004tighteningJune ofrestrictionsonedu would haveprohibitedfunds economic embargo ofCuba.H.Amdt.1051 183-245, wouldhaveprohibite have easedCuba travel re a to theFY2007 Transportation/Treasury had alsobeenpromptedby thecaseofSgt. Lazo. of theperson’simmediate fa allowed traveltoCubaunde transactions forthemarketing a lang the added — toS.600wouldhave Finally, pending amendments—S.Amdt. opposed tothecurrentrequirement ofa speci for travel transactions related tothema Kansas) andS.328(Craig), includedprovi agriculturalrestrictions onexporting co toCuba. Twoidenticaltravel billsdealing witheasingon removing restrictions H.R. Cuba, 208(Serrano) with transaction family travel toCuba toallow Cuban-Americans toassist their relatives. President shouldtemporarily suspendrestri wouldhaveex and significant damage), aftermath ofHurricaneDenni H.C activities. Cuba foreducational th 2004 to implementregulations fromJune ava would haveprohibitedtheuseoffunds wereine baggagethat beyond those have would 1814 (Flake); H.R.2617(Davis) specifically liftedoverallrest appropriations billswere stripped outofthe final enacted measures. on per diem allowances, family visits on perdiemallowances, In 22,2006,th otheraction,onJune In 14, 2006, theHouserejectedtwoamendments thesecondsession,onJune Two bills that would have lifted the overall embargo ontradewould and financial Two billsthat Amongother legislative initiatives inthe 109 th Congress. SimilarSe related tothesaleofagri strictions. H.Amdt1050(Ran mily for humanitarian r ageneralmember a licenseforthepurposeofvisiting relating forrelig totravel from being used to implement the Administration’s frombeing usedtoimplementthe s that struck CubaonJuly 8,2005(causing 16 deaths rictions on travel to Cuba: S. 894 (Enzi) andH.R. toCuba:S.894(Enzi) travel on rictions nate provisionsinFY2004 andFY2005 agricultural d fundsfrombeing used nd saleofagricultural products. CRS-31 ffect on June 15,2004; andH.R.3064(Lee)ffect onJune on.Res. 206(Serrano),introducedinthe rketing andsaleof toCuba,remittances,andaccompanied uage of S. 328, withaprovisionontravel S. uageof mmodities toCuba,H.R.719(Moranof mmodities and H.R. 579 (Paul), included restrictions included 579(Paul), and H.R. ppropriation bill,H.R.5576,thatwould pressed thesenseofCongress thatthe ovision (Section755)thatwouldhave ilable totheDepartmentof Treasury culture appropriationsbill,H.R.5384 281 (Baucus) and S.Amdt. 282 (Craig) 282 281 (Baucus) andS.Amdt. avel underageneral license,insteadof d, issuedonacase-by-case basisbythe sions that provide for a generallicense a sions thatprovidefor that would have prohibited theuseof prohibited that wouldhave ctions onremittances,gift parcels,and cational traveltoCuba.Anadditional cational fic licenseforsuch e Senate Appropriations Committee e SenateAppropriations prohibitedany add (Lee), rejectedbya voteof187-236, at tightened restrictionsontravelto reasons.TheDorgan amendment th cultural andmedicalgoods. The Congress, twobillswouldhave ious activitiesinCuba,was gel), rejectedby avoteof to implementtheoverall agricultural products,as travel transactions. itional restrictions http://wikileaks.org/wiki/CRS-RL32730 interdiction; andOperation Popular mar on focusing III, Hatchet Operation efforts: anti-drug agency In ofState. Department the according to agreements with33countriesandless a numberofcountriesonanti-drug efforts. traffickers, increasedtraining forcount the drugwith deal problem, including measuresto legislation penaltiesfor tostiffen drug domestic use.TheC increased waters useoftheir concerns overthe seve past Overthe States. United the in been used by illicit narcotics traffickers to transport drugs forultimate destinations Offshore Oil Sector Development Sector Oil Offshore Remittances Congress, seeCRSReportRL31139, Drug Interdiction Cooperation Interdiction Drug spill. likelihoodofpotentiale the would reduce thatU.S.companies’involveme argued of andextraction exploitation the offshore S. 2787(Craig), thatwouldhaveauthorized lands ofCuba’snortherncoast. enhancement ofCuba’s ability todevelop petroleum resources ofthe submerged made $1millionthat contributes an investment tothe equal toor exceeding persons (including foreign s on sanctions have imposedsimilarvisa 5292(Ros-L H.R. petroleum resources. investments directly that significantly its contribute toCuba’s abilitydevelop to totheUn admission from have excluded would havenullified the 1977 U.S.-Cuba related toCuba’soffshore the UnitedStatesandaboutpotentialenvir ex and gas.Members Some (Norway),Norsk-Hydro andONGC(India) foreignfour oilcompanies —Repsol (Spain), Sherritt International (Canada), a concernamong someMembersofCongre more coast, whichreportedlyto amount could (For furtherinformation, including de Because ofCuba’sgeographic location, In contrast,otherMember Legislation wasintroducedinboth hous The issueofCuba’sdevelopmentits , by Mark P.Sullivan.) oil developmentonitsnorthern coast. S. 2682(Nelson) restrictionsasS.2682andalsoimposeeconomic pressed concernabouttheo s have introduced legisla s haveintroduced Shield, focusing oninvestigations. CRS-32 uban government has takenanumberof has uban government ernarcotics personnel, and airspace for drug transit as well as aswell transit fordrug and airspace ral years, Cuban officials haveexpressed ral years,officials Cuban Cuba: U.S. Restrictions on Travel and Cuba: U.S.RestrictionsonTravel maritime boundary agreement andwould ehtinen) and S. 2795 (Martinez) would ehtinen) andS.2795(Martinez)

ubsidiaries) that are determined tohave nt inCuba’soffshoreoildevelopment tails on legislative actionsincethe106 formal arrangements with16others, formal onmental damage totheFlorida coast. nvironmental damage causedby anoil offshore oil reserves along itsnorthwest oil along Cuba’snortherncoast.They U.S.companiestoworkwithCubafor 2003, Cuba began ss. Cuba has signed agreements with ss. Cubahassigned agreements Cuba has bilate Cuba the country’s watersandairspace have — for the exploration ofoffshoreoil — fortheexploration es that would haveimposedsanctions ited States aliens than 5 billion barrelsofoil,hasbeen 5 than tion, H.R. 5353(Flake) and tion, il developmentsocloseto and cooperation with ral counternarcotics whohavemade nationwide multi- itime and air th http://wikileaks.org/wiki/CRS-RL32730 provided $5 million in INCLEprovided $5millionin funds forpre Cuban government. The Law Enforcement (INCLE) fundscouldbe that had aprovision(Section572)providing versionofthe FY2006 Foreign Op passed through a bilateral agreement. actions, heindicatedthatcooperationw Enforcement Administration head Asa Hutc Bustamante, whoescapedfromjailinAlabama1992.Atthetime,whileDrug early March2002,Cubaarrestedaconvict the United States Bell, James Jesse a U.S.fugitive wanted ondrug charges, and in the State DepartmentState inWashingtonthe proposing in Washington delivered threediplomatic notes 19, 2002. 2002; “CubaOfferstoSign Anti-Drug Pact,” Trafficker Arrestedinour Country,” Inform and migration issues. See “Statement from the cooperation agreement withtheUnitedStates. anti-drug bilateral fora hascalled drug occasions andonvarious trafficking, state sponsorofterrorism.” is notpossibleuntiltheCuba“abandonsitstota maintains thatbroadercoopera ofnormalizati aura an order “toproject Cuba consistently seeksto engage U.S. information onsuspectvesselsandaircra United States’ investigation onnarcotics information trafficking cases as well as There Guardspecialist. Coast through the Strategy Report,ma somewhat. has increased to theU.S.Interests SectioninSept posted was Guardofficial Havana.TheCoast Interests in Section U.S. the (DIS) at Guard aswellthestationing ofa U.S. betweenlink the C of the communications to discussways ofimproving anti-drug Cooperation hasincreasedsince1999whenU. oftwodefenda prosecution and subsequent turned over the cocaine totheUnitedStates the turned over tons ofcocaineaboardtheMiami-bound In 1996,Cubanauthoritiescoope 48 47 On March 12, 2002, Cuba’s Ministry of Foreig Ministryof On March12,2002, Cuba’s Anthony Cuba Boadle, “U.S.Thanks Legislative Initiatives. Cuba maintainsthatitwa The StateDepartment,initsMarch There has been a mixed recordofcoope There hasbeenamixed intains narcoticsc Senate-passed ve 48 tion withCuba,suchasthrough abilateral agreement, In thefirstsessionof109 nts tocooperatewiththeUnitedStatescombat

rated withtheUnitedStates in the seizure of 6.6 ember 2000,and since thattime,coordination , But DeclinesAnti-Drug, Accord,” CRS-33 ooperation occursonacase-by-case basis cooperation. Cuba accepted an upgrading an cooperation.Cubaaccepted cooperation on counter cooperationon ation Office, CubanInterests Section,March17, ould continue on acase-by-casecontinue ould basis,not Coast Guard Drug InterdictionSpecialist on withtheUnitedStates.”Thereport andcooperatedfully ft. The report contends, however, that ft. Thereportcontends, Ministry ofForeign Affairs:Prominent Drug Miami Herald, erations appropriationsbill,H.R.3057, Limerick port notes that Cuba has provided to the to port notesthatCubahasprovided hison expressed appreciation forhison expressed Cuba’s uban Border GuardandtheU.S.Coast noInternational Na agreementsterrorism, ondruginterdiction, liminary worktoestablishcooperation 2006 InternationalControl Narcotics to the U.S. Interests Section inHavana and ed Colombiandrug trafficker,Rafael ed ration with Cuba onanti-drug efforts. rsion, inSection6089,wouldhave nts in the case in the United States. United the casein the in nts n AffairsandtheCubanInterests Section made available for assistancetothe made available 47 S. andCubanofficialsmet in Havana In January2002, Cubadeportedto litariancharacter and its role as a , aHonduran-flag ship.Cuba April8,2006. th Congress, theHouse- rcotics Controland narcotics effortsin in theinvestigation Reuters, March http://wikileaks.org/wiki/CRS-RL32730 end ofthe109 conditions notedabove.Final actionon work toestablishcooperationwithCuba Section 551(e),thatwouldhaveprovide years, the Sena past government. As in would be difficult,Cuba ifnotimpossible, givenin hostility Cuba’sU.S. the toward by theCubangovernment andthatU.S. report tothebill(H.Rept.109-486)mainta INCLEno that assistancecouldbemadeav FY2007 Foreign Operations Terrorism List Cuba has“actively continuedtooppose with Cubaoncounter-narcotic 49 activities oftheseorother although the report alsomaintainedthatth Forces ofColombia (FARC) and the National LiberationArmed Army (ELN), Colo two Spain andtomembersof from report maintained that Cuba havenformemb safe provided with otherstatesponsorsofterrorism global waronterrorandhas Department’s international terrorismin1982 because of Cuba andTerrorism to the billdidnotinclude either the House orSenate provision. government indrug trafficking. In interdictionillegalof drugs and there was evidence of i and onthegroundair inconnectionwiththe the in life against thelossofinnocent protect proceduresto appropriate place havein not did Cuba that certified President mediation with the ELN inCuba. Inthe with mediation arrangementthis to and that Colombia publicly saidcontinued that itwantedCuba’s 2003 subsidies toCuba,andledsubs whichresultedinth Union, of theSoviet change policy Cuba’s past. in ofthe breakup a thing large becauseofthe wasin part but in1992, Fidel Castrosaidthathisc supporting revolutionary move groups inLatin terrorist and itssupportfor Forfurtherinformation, seeCRS Report RL32251, The StateDepartment reportalso noted Cuba remains on the State Department’s terrorism list.According tothe State added totheStateDepar was Cuba In thesecondsessionof109 Patterns ofGlobalTerrorism , by Mark P. Sullivan. Country ReCountry th Congress. organizations in Cuba. Th organizations inCuba. ports onTerrorism 2005 49 providessafehaventova publiclyvarious condemned appropriations bill,H.R.5522,includedaprovision ments andgovernments in Latin AmericaandAfrica, s matters. The money would ers ofseveralForeign Te tantial Cuban economic decline. reportsacknowledged that Colombia acquiesced the end, theconferencereport(H.Rept.109-265) th CRS-34 Congress, the House-passed provision of the Congress, theHouse-passedprovisionof December2005,agroup ofinternational d $5millionin INCLE fundsforpreliminary ountry’s supportforinsurgents abroadwas mbian insurgent groups, the Revolutionary monitoring ofcounter on counternarcotics ma on counternarcotics te versionofthebillhadaprovision,in such asIran andNorthKoreahas H.R. 5522 was not completed before the before completed H.R. 5522wasnot ere isnoinformationconcerning terrorist its alleged tiestoin the U.S.-led Coalitionprosecuting the the U.S.-led ins that full reporting andtransparency ins thatfullreporting e lossofbillionsdollarsinannual ailable totheCubangovernment. The that Cuba maintains close relationships America.Cubahadalong history of tment’s listofstatessponsoring report(issuedinApril2006), e StateDepartment’s2002and Cuba and the State Cuba andtheState rious Basque ETA members rrorist Organizations. The nvolvement oftheCuban U.S. policesandaction.” not beavailableifthe ternational terrorism narcotics assistance tters with thesame tters Sponsors of http://wikileaks.org/wiki/CRS-RL32730 2001. “infinite killing ofinnocentpeople.” and “hawks”whoseres by “extremists” over all people on Earth.” on over allpeople asan attack wasusing the States United response totheU.S.att U.S. the describing according topressreports,whichquoted 23, 2001,p.A38. longer provide safe haven tonew fugitives whomayCuba. In enter the 109 of thefugitives enteredCubainthe 1970s Trooper in1973.TheSt JerseyState New a Ch in theUnitedStates,including Joanne legallylive to in Cuba.Many areaccuse commitment tocontinuemeeting afte Colombia and the ELN held fourdays talks betweentheColombiangovernment facilitators representing Cuba, Norway, Spain, and Switzerland oversaw exploratory 52 51 50 methods” foryears. aconsequenceofth part in were attacks TradeCenterandPentagonWorld attacksin against seriousterroristthreats. maintain that Cuba’sU.S. attention presence fromstruggles onthe listdiverts keep Cubaargue onthe terrorism listand that domestic political considerations They thatitisaholdoverfromtheColdWar. Cuba ontheterrorismlistmaintain of foreign terrorist organizations and U.S.fugitives fromjustice. Critics of retaining They andAfrica. America the to point government’s history ofsupporting terrori there isampleevidenceth States. United have amended theCuban Li fugitives residing inCubaandany reward Interestsfunds fortheU.S. Sectionin Congress, Section 101(1)(H) of House- order to escape prosecution or confinemen the governmentarelivingwho extradite inCubaindividualsStates tothe in United that, inorder todetermine that a democratically elected government in Cuba exists, Ibid. Kevin Sullivan, “Castro WarnsAbout U.S. Military Plans,” Andrew Cawthorne,“C The 2005 report also maintained that Cuba The 2005reportalsomaintainedthat Although C In whosupportkeeping general, those uba offered support tothe United States inthe aftermath of the 50 Cuba’s subsequent statem subsequent Cuba’s uba’s Castro Urges U.S. toKeep 51 Castro himself said that the U.S.government was run berty andDemocraticSolid at Cuba supports terrorism. They point tothe at Cubasupportsterrorism.Theypoint 52 CRS-35 r Colombia’sMay 28,2006,elections. government’s continue d ofhijacking orcommitting violentactions Havana todisseminat passed H.R. s fortheircapture.H.R. 332 (King) would e UnitedStateshaving applied“terrorist esimard, who iswantedforthe murder of excuse to establish “unrestricted tyrannyexcuse toestablish “unrestricted Cuba’s mission to the United Nations as Nations United Cuba’s missiontothe acks as“fascistandte ponse totheattackcouldresultinan and the ELN in Havana.In April 2006, st actsandarmedinsurgencies inLatin t for criminal offens of talks in Cuba and reiterated their of talksinCubaandreiterated and thatCubahasstateditwillno ate Department report noted that most that ate Departmentreportnoted 2001, Fidel Castro also stated that the 2001, Fidel Castroalsostatedthat Cuba ontheterrorismlistargue that permitsU.S.fugitives fromjustice ents becameincreasingly hostile, 2601 woul Calm,” Reuters,September11, arity Actof1996torequire Washington Post d hosting ofmembers e thenamesofU.S. rrorist” andthatthe e committed in the d have authorized , September th http://wikileaks.org/wiki/CRS-RL32730 its biotechnology infrastructure...” “concerned aboutCuba’spoten on Cuba’sthreatto report toCongress Secretary of DefenseWilliam capabilitydate weapons toproducebiological Naval Base” below.) meningitis vaccinethatmight eventually beusedintheUnitedStates. anagreement announced GlaxoSmithKline about thetreatmentofterroristsuspects Cuba thatvisitednine InformationDefense 2003, theCenterfor Cuban Threat,” MayCuban Threat,” 6,1998. Destruction,” The HeritageDestruction,” The Founda in theWar onTerrorism Information, Washington, D.C.May 2003.50 p. objects totheU.S. presence at Guantanamo U.S. navalbaseatGuantanamoBay, decision tosend captured Taliban and AlQaeda fighters fromAfghanistan tothe 58 57 56 55 54 53 obligations under theBiological Convention.” Weapons rogue states applicable cooperation with dual-use technology toother offensive biological warfare Bolton that Cuba stated has at that least “thebelieves a United limited States 6, 2002,UnderSecretary ofStateforArms biotechnology sector, hasbeeninvolvedin many ofits biotechnology products. has alsoproducednumerousvaccines,inte biotechnology andgenetic engineering toag millions investing inthesector. The Afghanistan. from ofhousing detainees mission new the the presenceasillegal, ithasnotopposed statement receivedconsider Boston Globe Company, 1996,pp.66-67. Michael Kranish, “Biotechnology; MichaelKranish, Incubatin Cuba,” to “ABusinessGuide A.Babun,Jr., Teo UnitedStatesInformation LettertoThurmond Agency, on DefenseSecretary’s “Text: Formore information, seeCRSReportRL31367, John R. Bolton, John “Beyond theAxis ofEvil: Additional from Threats GlennBaker, ed. Cuba andBiologicalWeapons? The Cuban government, however, had a mu a had The Cubangovernment, however, Inmade c 2002,theStateDepartment Cubabegan building upitsbiotechnolog , May 15, 2002,p.D1. 53 Cuban Biotechnology, TheCubangovernment has, , by Elsea. Jennifer Cuban biotechnology facilities. able media attention, it wa it able mediaattention, research-and-development rogue states.”Boltoncalle Cohen stated in a transmittalletter(accompanying a tial to develop and producebiological agents,develop givento tial tion, Heritage Lectures, May 6,2002. 54 55 In 1999,theBritish pharmaceutical company CRS-36 Cuba. Although theCubangovernment Cuba. at Guantanamo. (A at Guantanamo. industry wasinitially gearedapply “to published areportondelegation sentto U.S.government concernsaboutCuba’s developing biological weapons.OnMay rferon, andotherdrug A First-HandReport as a nationalsecurity threatandopposes Control andInternational Security John andtofully comply withallof its gBeco BiotechCuba U.S.national security) that he was riculture inorderto increase yields” but backseveralyears. In 1998,then U.S. y industry inthe1980sandhas spent ontroversial allegations thatCuba to testandmarketanewCuban ch more muted reaction tothe U.S. CubaNews Treatment of“Battlefield Detainees” however, expressed concerns however,expressed s similartoaMarch19, 2002 57 d on Cuba“toceaseallBW- effort” and “has provided effort” and“has , Miami HeraldPublishing 58 Although Bolton’s lso see“Guantanamo mes BiotechHotbed,” , CenterforDefense s andhasexported Weapons of Mass 56 In May http://wikileaks.org/wiki/CRS-RL32730 May 14,2002. sufficient intelligence. 5, 2002. ahearing on held Affairs andNarcotics the issue Corps, on June Peace Hemisphere, anything withothercountriesthat Bush Administration has said repeatedly that weconcerned are that Cuba is remains a terrorist and BW threat to the United States.” According to Bolton: “The Relations Committee,UnderSecretary of Bolton’s assertions about Cuba and bi Department’s Bureau of Intelligence and Research maintained that Undersecretary biological weapons. benecessary would that create anddevelopment to research the as an effort includes testfacilities, aprogramFord characterized assome that Cubahasabiological Carl Ford distinguished betweenthe term “effort” and “program,” and maintained officials whohadbriefedhimbeforethetr criticized the Bush Administration forthe allegations and said that Administration States toease the embargo. During his trip toCuba, former President Jimmy Carter justifyto its hard-line policies justwhen calledthe allegations a lie and maintained that the Bush Administration was trying specifically designated for designated specifically Data,” Fact orFiction?107 Hemisphere, Biological Weapons: PeaceCorpsandNarcoticsof Affairs. Cuba’sPursuit Some Evidence,” research on biological weapons but em research onbiological weaponsbut that theUnitedStatesbelievesCubaha Secretary Bolton’s statementwasnotba before the Senate Committee onForeign Relations. statement by Assistant Secretary ofStateResearch forIntelligence and Carl Ford 62 61 60 59 as contradicting thatof Cuba hadsuchweapons.So that claimed Kevin Sullivan, “Carter SaysHe U.S.Sullivan,“CarterKevin WasTold Had No Proof Cuba SharedBioweapons David Gonzalez, “Carter andPowell James Risen “ExpertSaidto and Douglas Jehl, U.S. Congress. Senate Committee Foreignon Relations. Subcommittee onWestern The Senate Foreign Relations Committee’sThe Senate Subcommittee Foreign onWesternRelations SecretaryUnder Bolt Into response In March30, In late Junenews 2003, reports stated that an employee of the State When questioned on the issue, Secretary of State Powell maintained that Under that maintained Secretary issue, Powell onthe questioned ofState When Washington Post 61 At the hearing,the At Assistant Secretary ofState forIntelligenceResearchand New York Times York New th 2004, congressional testimony before the House International Congress, June 5,2002.S.Hrg. Congress, 107-736. June , May 14,2002,p.14. 62 UnderSecretary Bolton.

production facilities,and production weapons effort and notabiological weaponsprogram. weaponseffort such weaponscapability. In , June 25,2003. , June could beusedforterroristpurposes. Cast DoubtonBioarms inCuba,” CRS-37 s the capacitys andthecapability toconduct ological weaponswe the momentum isincreasingUnitedthe in phasized thattheAdministrationhad not phasized sed onnewinforma me observers viewed Powell’s statement me observersviewedPowell’s thing substantial andmultifacetedthat thing substantial ip assured him that Cuba had not shared not had ip assuredhimthatCuba on’s statement,theCubangovernment State John Bolton asserted that“Cuba Bolton asserted State John Tell Legislators He Tell WasPressedtoDistort 59

a unitwithinthemilitary contrast, hecharacterized tion. Powellasserted re notsupported by New York Times York New 60

, http://wikileaks.org/wiki/CRS-RL32730 Country Reports on Terrorism 2005 Terrorism Country Reportson biological warfareeffortnow, offensive biological warfare observers agree thatthe Cuba technical has capability topursue some aspects of involved inthe1976bombing ofa Cuban airliner. to killFidelCastro.Oneoftheaccuse fundedthebombings. that Cubanexiles prison terms ranging from10-15years in 1999,and March in death forthebombings ofCuba’so andextent the existence that although Cubainvests heavily in bi several otherswereinjure inwhic and intheVaraderobeacharea people. In 1997,therewerealmostadozen terrorist incidentsovertheyears. Nonproliferation: A Ne Agreements andCommitments, U.S. developing alimitedbiological weaponse 66 65 64 63 anothercountry.to U.S.Stat traveled American community,Cuban from some inthe while Posada Carriles reportedly andtraveledto the menareU.S.citizens Moscoso pardonedthefourme from seventoeight years. In late 2004 andweresentencedonweaponscharge program.” reliability, andmotivation.” program hasbeenhampered byBW re Community’s ability todetermine the scope, nature, and effectiveness ofany Cuban thathowever, “existing intelligence reporting isproblematic, and the Intelligence his BWaspirationsandsupportofterrori “concluded that it isnolonger clearthat Bush Administration,using more the that September 4, 2003. York Times Steven R. Weisman, “In St U.S. Congress. House InternationalRelati AdherencetoandCompliance withArms Frances Robles, “An Old Foe of An AugustState 2005 Department report to Congress indicated that while In November2000,fouranti-Ca theVictimofTerrorism. as Cuba 64 , September 18, 2004.

w Strategy Emerges,” Hearing, March 30,2004. d. TwoSalvadoranswere ricter Study, U.S. Scales ricter Study, U.S.Scales 63 , there is disagreement over whether Cuba has an active an has Cuba overwhether disagreement is , there The The or even had oneinthepast. or even n before theendofherpr n New Times York In 1976,aCuban planewasbombed,killing 73 Department of St Castro Looks Back onHisFight,” report (issued in April2006)alsomaintained (issued report stro activistswere arrest ffensive biological weaponsprogram.” August 2004, Panamanian President Mireya August 2004,PanamanianPresident CRS-38 porting from sources of questionable access, porting sourcesofquestionable from Florida, wheretheysupport receivedstrong Cuba hasanactive, offensive bio-weapons otechnology,about dispute “thereissome ons Committee, BushAdministration “The and h anItalian businessman waskilledand e Departmentoffici d, Luis Posada Carriles, was allegedly was d, Luis PosadaCarriles, Control, Nonproliferation andDisarmament Control, Nonproliferation January 2002.Cubanofficialsmaintain ffort, and called on FidelCastrotocease bombings inthetouristsector Havana sm.” Bolton went on to add acaveat, add sm.” Bolton wentonto stringent intelligence standards, had three Guatemalans Cubahasbeenthetarget ofvarious s in the case to prison termsranging to s inthecase reportedonSeptember 18, 2004 66 ate, August 2005. Back ClaimBack onCubaArms,” ThefourstoodtrialinMarch convicted and sentenced to sentenced convicted and 65 esidential term.Threeof The State Department’s TheState ed inPanamaforaplot als didnotcriticize Federal News Service News Federal were sentencedto Miami Herald New , . http://wikileaks.org/wiki/CRS-RL32730 April 17,2005. Texas. be freed froma federalthat Posada immigration wouldnot facility inElPaso, he couldbetortured. U.S. immigration judge ruledthatPosada pledgednot handPosada thatitwould killed an Italian tourist. involveme later denied, persecution” forhisopposition to Fidel Castro. b States United seek asylum inthe States illegally fora monthafter enteringStates the would United fromMexico, in prisonpending aprosecutorialappeal. forthebom Venezuela in been imprisoned to beacting onCuba’sbehalf. indicated thatICE doesnotgenerally depor Security pressrelease ofHomeland ADepartment States. United entering the onMayarrested Posada 17,2005,andsubs warden.bribe tothe prison reportedly wasallowedto“escape”frompr Herald Herald Reportedly a firstsetofprosecutorsrecomme Reportedly 22, 2006. Associated Press Oscar Corral, “Debate FocusesonEscape,” timein 1985. See duringthat escaped set ofprosecutorstookPosada thecasetotrial,and President Moscoso’spardonof 74 73 72 71 70 69 68 67 justify hiscontinueddetenti Posada’s activitiesreportedly that could leadinvestigating tohisindictment and February 1,2007,justifying hiscontinued Posada’s pleathathebereleased,orde Panama forthepardons. OscarCorraland Alfonso Chardy, “Victim WhilePosada was acquittedby amilitary court,ahigher court ordered a new civilian trial “OurMan’sin AnnLouiseBardach, Nancy AlfonsoChardyand George orLiberators?,” Gedda,“Terrorists Oscar Corral, “Cuban Exile MilitantLuis Posada Denied Release,” Alicia Caldwell, “Judge Says Cuban toVenezuela,” Militant Can’t Be Deported Department ofHomeland Security, Office On April 13, 2005, Posada’slawyer13, April said th On In 2006,however,aU.S. early November , May 7,2005. , April14,2005. 74 , September 28, 2005. 73 ICE reviewedthecaseand determined on March 22, 2006, nt inastring of bombings in 67 71

U.S. Immigration and Customs Enforcement (ICE) U.S.ImmigrationCustoms and 69 San Martin,“Lawyer Expect He had been acquitted forthe bombing butremained on. In Texas, a grand jury a reportedlyon. In isfocusing on Texas, 72 the four, butmaintainedthatthey didnotlobby the Venezuela requested Posada’s extradition and Posada’sextradition requested Venezuela CRS-39 Miami. Patriot orTerrorist?,” over toCuba,butonSeptember26,2005,a red the government to supplyto evidence,by red thegovernment ecause hehasa“well-foundedfearof ’s Kin Oppose PosadaBidforAsylum,” Miami Herald cannot because be deportedtoVenezuela of PublicAffairs,Statement, May 17,2005. 70 Washington Times nded against charging Posada,butasecond Posada also reportedly admitted, but Posada bing oftheCubanairlinerin1976,but ison in 1985afterhissupporterspaida ison t peopletoCubaor detention. Federal grand juriesare equently charged himwithillegally 68 at his client, reportedly intheUnited Posada, a Venezuelan citizen, had federal judge, whoisconsidering Havanain1997,oneofwhich s PosadatoShow Soon,” , June 19,2005. , June , September 4,2004. Miami Herald countriesbelieved Washington Post , March Miami Miami , http://wikileaks.org/wiki/CRS-RL32730 treatment ofprisoners at the U.S.base and has said itwillkeeptreatment pressing the Herald and Mark P.Sullivan, Sept.2,1994;copies av Guantanamo BayNavalBase, Cuba:BackgroundandCurrent Issues grand jury Posada’salle isexamining Guantanamo Naval Base th whether heliedabouthowentered 78 77 76 75 base. escape intoCubanterritory,cap Cubawould Minister RaúlCastro Defense at Guantanamo,itdidnotinitially oppos Guantanamo. Although theCubangovernme a Taliban sendcaptured to decided States United the 2001, in Afghanistan theU.S.warin the UnitedStates.With in attacks campaign against terrorismintheafte fromHaiti. exodus considered asacontingency optiontohous increased violenceinHaitiFebrua Guantanamo andthengranted asylum in a much smaller number, those deemed at risk for persecution,have been taken to Guard hasinterdictedthousands to aMay 1995 U.S.-Cuban migration Coast the1995accord,U.S. accord. Since refugees haddeparted,with thousands ofCubansandHaitiansfleeing Inmilitaryregion. operationsinthe the Sovietpresenceinth was viewed as agood locationforcontrollin as illegal. as U.S.-Cubanrelationsde including the1934treaty covering theGuan new governmentrespect gaveall itstreatywould it assurancesthat commitments, Fidel Castroassu States. When United presence canonly beterminatedby mutu inforce,theU.S. U.S. basesince1903,andundera1934treaty thatremains Washington Times Background information on Guantanamo is Weaver, AlfonsoJay Chardy “Posada aTarget ofNew FederalProbes,” and “Cuba WouldHandOver Escap Jerry Seper, “U.S. Prepares for Haitia Another missionforthe Guantanamo base emergedAnother withthe U.S.-led global of the basemission hasThe changed over time. Duringbase the the ColdWar, The 45-square mile U.S.naval facility at Guantanamo Bay, Cuba, has been a 78 , Nov. 12,2006. TheCubangovernment, however, , February 24,2004. 77 e Caribbean, and as a location for supporting potential for e Caribbean,andasalocation teriorated, the Cubangove most Cubans paroled intotheUnitedStates,pursuant noted that, in the unlikely event that a prisoner would prisoner a unlikely the that in event that, noted ees, RaulCastro Says,” ofCubansatsea and returnedthemtoCuba,while 76 CRS-40 ged roleinthe1997bombings inCuba. med powerinthe1959Cubanrevolution, n Refugees; Guantana rmath oftheSeptember11,2001,terrorist 1994-1995,thebasewasusedtohouse ry 2004, thebasereportedly wasbeing e the new mission ofhousing detainees. mission new e the in imprisoned nd AlQaedafighters tobe e UnitedStates,whileinNewJersey, a ailable from author,Mark Sullivan at7-7689. al agreement orbyagreement abandonmentbyal the their homeland,butby 1996thelastof drawn from out of printCRSReport94-701, e Haitianmigrants intheeventofamass athirdcountry. In theaftermathof g Caribbeansealanes,asadeterrent to tanamo base. Subs tanamo ture the prisoner and returnprisoner him to the the ture nt has objected totheU.S.presence objected has nt has expressed concernsaboutthe has expressed Miami Herald rnment opposedthepresence mo Could Hold 20,000,” equently, however, , by RonaldO’Rourke , January 20,2002. , January Miami 75 http://wikileaks.org/wiki/CRS-RL32730 Report RS22173, Guantanamo base. January Abuses,” Treatment of“Battlefield Deta Marti. OCB is headquartered in Mia in Marti. OCB isheadquartered Liberty andDemocratic continued useofGuantanamo facility at to closetheU.S.detention international community toinvestigate suspects. the treatmentterrorist of 80 79 Asia, andthe Office ofCubaBroadcas Voice ofAmerica(VOA),RadioFreeEur Governors (BBG) becameanindependentag Stateatthebeginni of Department (USIA). USIA When wasabolishedand programs hadbeenaprimary functionof cau the promote to elsewhere provide news, commentary, and other informationabout events in Cuba and objectiv sourceofaccurate, and authoritative andtelevisionbroad radio of furthering in effective the open communica impart information and ideas through any media and regardless offrontiers; 2)tobe the right support to and TVMartiare1) Request Budget of GovernorsFY2007 Board Broadcasting Radio andTVMarti — began andTVMarti Radio renegotiate thepresentagreement preparedbe toenterbe to intonegotiations either toreturn the base toCuba orto U.S. policy place, in government is Cuban onceademocratically elected will that Florida. Themovebegan in (P.L. 104-134) requiredtherelocationof TV Martiprogramming have the aerostatsweredestroyedby Hurrican blimps fromfacilitiesinCudjoeKey, Flor 24hoursaday.Internet UntilJuly 2005,TV a day, seven days and isalso available a week on the onthe satellite Hispasat da one dayshours six for18 perweek,and Ana Radelat, “Cuba Turns UpRhetoric AnaRadelat,“CubaTurns see CRSReportRL31367, ForinformationGuantanamo, on terrorist suspectsheldat With regard to the future of the Guantanamo base, aprovisionintheCuban base, regardWith tothefutureof theGuantanamo Until October1999,U.S.-government f sponsoredradioand U.S.-government Radio Martibroadcasts on 2005, it de 2005, it CubaNews Detainees atGuantanamo Bay, 80 , April2005. Some Members ofCongress have calledthe Administration on nounced what itdescribed as “atrocities” committed at the Solidarity Act of 1996(P.L. 104-114,Section210),states inees” intheWar onTerrorism 1996andwascompletedin1998. casting toCuba; 3)toserve as a consistently reliable se offreedominCuba. been transmitted forseve transmitted been in 1985and1990respectively. Asspelledoutinthe to holdterroristdetainees. short andmediumwave(A under mutually agreeable terms. mi, Florida. Legislation in the 104 CRS-41 ng ofFY2000, theBroadcasting Board of on Guantanamo asUNCondemns Human Rights ting (OCB), which ma e Dennis.Sincemid-2004,bothRadioand Guantanamo,whileotherssupportthe of theCubanpeopletoseek,receive,and yper week.TVMartibroadcasts24hours ope/Radio Liberty (RFE/RL), RadioFree ida for four andone-halfhoursdaily, but tion ofinformationandideasthrough use the United States Information Agency States United the OCB fromWashington D.C.tosouth e, and comprehensive news; and4)to news; e, andcomprehensive encythe as thatincludedsuchentities its functions were merged intothe television broadcasting toCuba— by Jennifer K. Elsea. by K. Jennifer Marti had also been broadcast via Martihadalsobeenbroadcast unded internationalbroadcasting ral hoursonceaweekvia , by Elsea;andCRS Jennifer M) channels for 24 hours 24 M) channelsfor , theobjectivesofRadio nages RadioandTV th Congress 79 In http://wikileaks.org/wiki/CRS-RL32730 the years, opponentsof continued funding of $193 millionforTVMarti(sinceFY1989). broadcasting toCuba,withabout$300 and Mark P.Sullivan.) 1994 Broadcasting toCuba:BackgroundandIssuesthrough 94-636, broadcasting through 1994,seeCRSReport cronyism, patronage, and press reports alleged significant problems in the OCB’s operations, withclaims of Mambi, tobroadcast some Radio Marti programming. 2006. OCB alsocontractedwithaprivate station to broadcast some TV Marti programs daily, beginning 18,December on to Cuba,TVMartiSurveysareFlawed 18, 2006,and “Problems Dog Broadcaster,” Initiatives and Implementation ofO Effectiveness Broadcastingthe BoardState and ofGove Broadcasts Adhereto Applicable Requirements Inspector General, Broadcasting toReinventionPlanning intheOffice ofCuba Related Information Agency, Issues NeedStrengthening Processes and TVMarti 17, 1993; Advisory Marti, PanelonRadioandTV GAO/NSIAD-93-126R, standards, broadcast Marti regarding Radio F.Kerry February John GAO/NSIAD-92-199, May U.S.GAO,Letter 1992; Marti, CostsandCompliancewithBroadcas August 6,2006. Inspector General officesin1999and 2003. future. Saturday evenings,will reportedly and Radio Marti broadcasts be added inthe private aircrafthasbeenus contracted Advisory PanelonRadioand Accounting Office, byGeneral theU.S. the airborne broadcastsconductedby 84 83 82 81 audits oftheseprograms ha and studies had anaudienceb not has Marti, which over theyearsattempts various tocutf aboutadherenceto including questions See the following reports and audits: U.S. General Accounting Office (GAO), (GAO), Office Accounting General U.S. audits: and reports following the See Christina Hoag, “Radio, TVMartiToBe Aired Locally,” Have Increased MartiBroadcasts toCuba “TV toSix-Times-a-Week,” Oscar Corral, MartiFaceAnot “Radio, TV Debate on TVMarti. From FY1984 through Both Radio and TV Marti have atbeen times the focus of controversies, 81 In addition, theOCB contractedwith , ReportNo.IBO-A-03-01, 2003. January , GAO/NSIAD-96-110, May 1996; U.S. Department of State, Office of the , GAO/NSIAD-96-110, of Office State, of May U.S.Department 1996; , Three Volumes, March 1994; U.S.GAO, 1994; Volumes, March , Three Review ofPolicesandProcedures bias initscoverage. In the various congressi , GAO/NSIAD-94-265, U.S.GAO, September 1994; TV Marti, andbyTV theSt FY2005, a , GAO/NSIAD-90-252,, U.S.GAO, August 1990; CRS-42 rnors, OfficeofInspector General, ve been conducted, incl ve beenconducted, Air Force. SinceAu million for RadioMarti(sinceFY1984) and million unding fortheprograms, especiallyTV for ffice ofCuba Broadcasting’sNew Program ed totransmitTVMartiMonday through ecause ofCubanjamming efforts.Various commercial radiostati Miami Herald bout $493millionhas been spent for her Government Audit,”Miami Herald, Dec. by a1994congressionally established broadcast standards.Therehavebeen t StandardsandInternationalAgreements , 99-IB-010, 1999; U.S.Department June of 83 the program maintain thatvirtually the aprivateU.S.commercialtelevision Morerecently, inDecember2006, Report oftheAdvisory Panel on Radio to Hon. Howard L.BermanHoward andHon. Hon. to 84 (For background on Cuba (For background on for Ensuring that Radio Marti forEnsuringthatRadio onal debateson ate Department’sandBBG’s Radio Marti, ProgramReview Radio 82 , Dec.19,2006. Miami Herald Radio andTelevision gust 2006,adedicated , by, SusanB. Epstein uding investigations on inMiami,Radio TV Martiover , Dec.19,2006. Miami Herald Review ofthe Broadcasts U.S. TV , , http://wikileaks.org/wiki/CRS-RL32730 Radio andTVMarti broadcasts. SinceAugust 2004,theaircraft TV Marti toCuba inan effort toovercome Cuban jamming ofthe U.S.-government Iraqi Freedom. 1991, Kosovoin1999,Operation Enduring Free worldwide including Grenad broadcasts conduct information operations,ps to used Harrisburg, Pennsylvania, at Operations Wing assets that have arespecialized been Board ofGovernors’Office of be a military acquiredaircraft and operated aircraftan by but the Broadcasting into Cuba.”Thelonger term proposal fo tr forthe platform airborne a dedicated million be committed “for regular airborne broadcasts toCuba and the purchase of Cuba.” In supportofthes a dedicated airborne platform forfull-time in ordertoovercomeCubanjamming. It al airborneplatformforweeklySolo airbor for aFree Cubacalledforthe immediate a scenario,itwouldbeimportanttohave such in that argue and future, Cuba’s in orupheaval ofacrisis event the in TV Marti attempted totune intothe programming. Stillothers pointto the potential use of completely that jam significant TVMarti, and maintain numbers ofCubans have is Theseproponentscontendthatit Cuba. government, which the dictatorialCastro of freedom inCuba. They believe that eliminating TVMarti wouldbe giving into a message tothe Cuban people that the United States isnotcommitted tothe cause promotion offreedomanddemocracy in the oftaxpayers’ awaste is money to contribute doesnot because it Marti TV to spenda few thousand dollarstojamthe spent by the United States forTVMarti, TV Martimay beviewed. Thesecr section ofthe U.S.Interestswhich Sectionin waiting inHavana,room a has which only peoplewhoseeTVMartiinCubaar 86 85 produced by TVMarti.” desireandage ardent people havean congressionally mandate overcoming Cuba’s jamming efforts. conversion ofTVMarti Cubans listentoasasourceofinform Marti andTV U.S. Air Force Fact Sheet, “EC-130E/J COMMANDO SOLO,” April 2003. COMMANDO SOLO,”April “EC-130E/J Sheet, Fact Force U.S.Air Advisory Panel on Radio Marti and TV Marti, Panelon Radio MartiandTV Advisory EC-130E/J CommandoSoloaircraft, flownby theAir Force Special EC-130E/J Airborne Broadcasts. In contrast,supportersofconti 86 In May 2003,theaircraftwasused , Executive Summary, March 1994. programming; mostrecently the 85 e recommendations, President Bush directed that up to $18 to e recommendations,PresidentBush directedthatup d Advisory Panelin1994,whichstatedthat“theCuban Supportersargue thate from VHF to UHF transmission hasnotsucceededin transmission from VHFtoUHF In early May 2004, the CommissionforAssistance CubaBroadcasting (OCB). CRS-43 itics argue that some $190 million has been has itics argue thatsome$190million ansmission ofRadioandTelevisionMarti ansmission a in 1983, Operation Desert Storm in 1990- a in1983,OperationDesertStorm ne radio andtelevisi ne deployment of the EC-130E/J Commando deployment EC-130E/J ofthe nuine needtoreceivetheprogramming r adedicatedairborne while the Cuban government onlygovernment needs whiletheCuban nued TV Marti funding point to a nued TVMartifunding pointto suppresses thefreeflowofinformationin TV Marti available asanewssource. available TVMarti Cuba, unlike RadioMarti,whichsome unlike Cuba, impossiblefortheCubangovernment to transmission of Radio and TVMartiof into transmission ation. Opponents alsoargue thatthe ation. Opponents ychological operations,andcivilaffairs broadcasts effectively. They argue that e thoseCubanswhovisittheconsular so called for funds“toacquireandrefit hasbeenusedperiodically totransmit Report oftheAdvisoryPanel onRadio dom in Afghanistan, and Operation and dom inAfghanistan, liminating TVMartiwouldsend in atesttobroadcast Radio and aircraft has been transmitting aircraft hasbeen on broadcaststoCuba platformwouldnot http://wikileaks.org/wiki/CRS-RL32730 Appropriations and FY2007 Request Appropriations andFY2007 appropriated forFY2005. estimated $37.1million,almosta$10millionincreasefromthe$27.6 subsequent across-the-board andalthoughbroadcastingFY2006, Cong in Marti broadcaststobe would be usedtotransmitTVMartiMonda Cuba causedU.S.officialstoannounce tobeoperationalbywas expected late Cuba broadcasting for FY2006 and $29.9 million for FY2007, includingFY2007, fundsfor for Cuba broadcastingmillion forFY2006 and$29.9 to acquireandoutfitanaircraftfor provide upto5hoursadayof Governors, theOCB plannedtousecontr radio andtelevisionbroadcas appropriated almost programming forseveral 87 (Section 106)wouldauthorize theAdminis Radio Martiinorder to as OCB touseadditionalAMfrequencies Foreign AffairsAuthorizati to anestimated$37.1million. request of$37.7million,across-the-boardre noted report (H.Rept.109-272)tothebill November 22,2005 as on law signed into Congress included appropriationsforCuba would have eliminated f 2005, floorconsideration,the aircraft totransmitRadioa an for funds 20, 2005,thebillwouldprovide$37.7millionforCubabroadcasting, including 109- (S.Rept. appropriations bill,H.R.3057 broadcasting was includedin 16,2005.Inapproved H.R.2862onJune House The space, forsuchtransmissions. air U.S. operating within flights, Solo and TV Marti programming butassumes the continuation ofperiodic Commando the committeedoesnotprovidefundi report, the about $10millionbelowtheAd broadcasting, $27.9millionforCuba for Act, includedacommitteerecommendation Commer FY2006 Science,State,Justice, jamming. Radio andTVMartibroad broadcasts toCuba.According tothe SeeCRSReportRL31370, FY2006 Funding. In otherlegislative action,bothH. The report tothe House-passed versi $10 millioninFY2006 foranaircra added inthefuture. help overcomeCubanjamming. unding fortelevisionbroadcas 87 The Administration requested $37.7 million forCuba TheAdministrationrequested$37.7million The increase is for the Broadcasting Board Broadcasting of forthe is Governors Theincrease casts with the goalcasts of on Act,inSection503 of the each bill,wouldauthorize hours onSaturday. Asnotedbelow,Congress rescissions ultimately broug the Senate version of version theSenate ts toCuba. AccordingBroadcasting Board tothe of Radio andTVMartibroadcas Senate defeated(33-66) State DepartmentRelatedand Agencies: FY , by SusanB.Epstein. CRS-44 August 2006,butpoliticaldevelopmentsin R. 2601 and S. 600, theFY2006 andFY2007and R. 2601 nd TV Marti programming. During July 19, budget request,theaircraftwouldsupport dedicated airborne radioandtelevision airborne dedicated actor-owned-and-operated aircraft that will that aircraft actor-owned-and-operated ce, and Related Agencies Appropriations Agencies ce, andRelated well asFM andshortwavefrequencies for August 6, 2006 that the privateaircraft the August 6,2006that P.L. 109-108.Although theconference on of H.R. 2862(H.R y through Saturday evenings, withRadio tration’s fullreque broadcasting in H.R.2862,which was 96). Asapprovedby fullfunding oftheAdministration’s scissions brought thefundedamount the Senate,appropr ministration’s request.According to ress originally fundedthisamount, ng for an aircraft to transmit Radio transmit to ng foranaircraft overcoming Cubangovernment the FY2006 Foreign Operations S.Amdt. 1294(Dorgan) that ting toCuba.Ultimately, House-passedH.R.2601 ht theamountfundedtoan ft fordedicatedairborne ts toCuba.Theaircraft st of$37.7millionfor theSenateonJuly ept. 109- iations for iations for Cuba 118), the 2006 http://wikileaks.org/wiki/CRS-RL32730 rights activists. to democracy, help developcivilsociety, organizations U.S.-based non-governmental andfreeenterprisetoCuba.US rights, the State Department — to increase the the — increase Department to State the through the U.S.Agencyfor Internationa in FY2006. million inFY2005, andanestimated $10.9million $8.9 Cuba), Free Assistance fora fund thedemocracy-buildingrecommenda in FY2003, $21.4 millioninFY2004(because of in FY2001, $5millioninFY2002,million $6million $4.989 to amounted projects (ESF) intheannualforeign operations _caribbean/country/cuba/]. broadcasting inFY2007, with being usedfortelevisionbroadcasting toCuba. S.Amdt. 284(Dorgan),65-35, byof vote a broadcasting TVMarti.Thereque broadcasting During Senatefloorcons radioandtele improve to an aircraft 88 Democracy toSupport Funding andHumanRights U.S. Congress. $36.279 million. fullfunding (S.Rept. 109-277)recommended f appropriations bill, would broadcasting TVMarti. including $2.7milliontoimprovetrans to thebill(H.Rept.109-520)recomme broadcasting underthe International Broa Commerce andRelatedAgencies Justice, FY2005. dedicated aircraft),but appropriated in FY2006 (when Operations International Broadcasting funding (Section 111)wouldauthorize SeeUSAID’s Cubaprogram website: Over the past several years, several past Unite Over the the FY2007 Request. Final action was not completed on either bill before the end of the 109 Final action was notcompletedthe oneither billbeforeof the end In theSenate,Senate State, 29,2006,theHousepassedH.R.5672,FY2007 Science, On June 88 Theseeffortsarelargely f almost $9 million above th almost$9millionabove The Administration requested $36.279 millionforCuba requested TheAdministration ideration of S. 600 on April 6, 2005, the Senate rejected ideration ofS.600onApril6,2005,theSenate und Cubabroadcasting. The versionofH.R.5522,theFY2007 ForeignOperations $2.7milli Congress fundedtheAdminis CRS-45 st wasslightly belowthe$37.129million nded $36.102 million for Cuba broadcasting, $36.102 millionforCuba nded vision transmission and reception. S. 600 vision transmissionandreception.S. AID’s Cubaprogram supportsavariety of flow ofinformationondemocracy, human [http://www.usaid.gov/locations/latin_america account, butwithout l Development(USAID), butalsothrough and build solidarity with Cuba’s human and buildsolidarityCuba’s with appropriations bill,thatwouldfundCuba dcasting Operationsaccount.Thereport d Statesprovidedassistance—primarily appropriations bill.Funding forsuch unded through Economic SupportFundsunded through on of thistopurchase an aerostat for mission capabilities viaaerostatfor mission that wouldhaveprohibitedfunds from for Cuba broadcasting underthe Cuba for tions oftheCommissiontoProvide topromoterapid,peacefultransition oftheAdministration’srequest re-programmed ESFassistanceto e $27.6millionappropriatedin Senate reporttothebill tration’s requestfor a a specificearmark.

th http://wikileaks.org/wiki/CRS-RL32730 before theendof109 $6.5 millionlessthantherequest.Final (S.Rept. 109-277) participation intheseprog dissidents, pro-democracy progra andexchange scholarship government a Department’s Bureau ofEducational provision (Section215)thatwouldhave situation.The rights Cuba’s human building effortsforCuba”andupto$5millionthe OAStosupportworkon individuals andindependent authorized notmore th — S.Amdt.319(Ensign) —thatwouldhave an amendmentwasproposed consideration to promote its Cuba program. There to promoteitsCuba democracy andurges forCuba agency the assistance and humanitarian to continue (H.Rept.109-486),recognized theworkofUSAID5522 inpromoting H.R. 2601 inthe109 steadily increased overthepast several appropriationsm andState(CJS) Justice, Endowment forDemocracy (NED),which States providesdemocra to aFree Cuba.Report”above.) informati programs.additional (For democracy, andnotlessthan$20milliona years fora varietytwo million over ofmeasures tohasten Cuba’s transition to for AssistancetoaFree Cubarecommende appropriations willbeco to theHouse-passedversionofFY2007 Thereport programs. rights human and democracy to supportUSAID-administrated and aFreeCuba, to forAssistance Commission President’s of the recommendations assistance. Cuba projects,consisting of$8.91million the for ESF assistance.Ultimately, conference reportonthemeasure(H.Rept. FY2006 Foreign Operationsa NeithertheHouse-norSe repression. organizations inLatin AmericaandEurope USAID will also continue towork provide humanitarianrepression assistancepolitical and of their families. tovictims informa on thosegroups thatdisseminate USAID-administered programs democracyfor activitiesforCuba.Accord In terms of authorization legisla In additiontofunding through foreig For FY2007, the Administration requested For FY2006, theAdministrationhadre of S. 600, the of S.600,the th Congress. recommended $2.5 recommended mpleted in 2007. The July 2006 report of the Commission the mpleted in2007.TheJulyof 2006report an $15 milli rams. Action wasnotcomple rams. th FY2006 and FY2007 Foreign Affairs Authorization Act, FY2006 andFY2007Foreign Authorization Affairs tization assistance for Cuba through the National assistanceforCubathroughtization the activists, andindependent Congress, so action on FY2007 Foreign Operations FY2007 Congress, soactionon nongovernmental organizations tosupport democracy- with democracy and humanrights groups, focusing ppropriations bill,addresse on, see“July 2006CommissionforAssistance CRS-46 Administration allocated$10.89millionfor million inESF forCuba democracy programs, House-passed versionofH.R.2601hada on inassistance and other support “for years. NED-funded democracy projectsfor tion, during Ap nd Cultural Affairsforavarietynd Cultural ofU.S. port totheSenateversionofH.R.5522 nate-passed versionsofH.R.3057,the action on H.R. 5522wasnotcompleted on action 109-265) did notincludeaCubaearmark 109-265) easure. Cuba funding through NEDhas easure. in ESF and$1.98millionindevelopment tion totheCubanpeopleandthosethat is fundedthrough government Cuban toraiseawarenessof ing to the request,fundswillsupport with third- n operations appropriations, theUnited operations n nnually thereafterforCubademocracy Foreign Operations authorized $5 millionfortheState authorized d, in addition to current funding, $80 to d, inaddition quested $15million in ESF assistance ms, withpriority given tohuman rights $9millioninESF country ted on either S. 600 or H.R. ted oneitherS.600or civil society members for members society civil ril 6, 2005, Senateril 6, floor the annual Commerce, d thisissue,andthe appropriations bill, non-governmental to suppo rt the http://wikileaks.org/wiki/CRS-RL32730 Cuba democracy funding inthe110 Representative Jeff Flakehadrequested Representative Jeff its effectiveness. the program maintained that high shipping costs and oversight lax have diminished 2006. Herald ManagementBetter and Oversight, GAO-07-147, November 2006. Wasem. compliance withapplicable law and regulations.” adequate assurancethatthefundsarebein awarding and ofCubaprogram grants management and oversight. AccordinginternalGAO, to controls, for both the had program concluded thattheU.S. forCubafrom1996-2005,and U.S.democracya reportexamining assistance opportunities topromoteatransitiondemocracy. supported theCubanpeopleandde million fora“CubaFund for aDemocratic offered S.Amdt. 4853,ultimately ruledoutof homeland were allowed into homeland wereallowed abruptly changed U.S.migration policy, unde numbersoffleeingescalating Cubans reiteratedU.S.re officials Mariel, U.S. approvalofCubanofficials. Inthe res was the1980Marielboatliftinwhich125,000C by States United to attempting Onthe reach the minds boat. of U.S. policymakers FY2007 DepartmentofDefe During August government inCuba. Cuba andcreatea“Fund foraFree Cuba” States reachedtwomigrationStates accordsdesign have authorized assistance human rights activities, butnoaction was taken onthe measure. The billwouldalso author S. 3769(Ensign), thatwouldhave temporarily ceding politicalpowerto his projects with$2.4million. FY2005, NEDfunded17Cuba For FY2003; and$1.149millioninFY2004. $841,000inFY2002;Cuba amountedto$765,000inFY2001; $1.143millionin 91 90 89 Issues Migration U.S. Government Accountability Office, U. For more, seeCRSReportRS20468, Oscar Corral, “Federal Program toHelp Democracy in Cuba Falls Short ofMark,” In mid-November2006,theGovernment In the aftermath of Fidel’s Ju InFidel’s theaftermathof 1994 and1995Agreements. , Nov. 14, 2006,and“Is U.S.AidReaching Castro Foes?” 90 Representative William 91 for a fund to the United States,andannounced thattheU.S.Coast the nse AppropriationsAct, th Cuban MigrationPolicyand Issues CRS-47 Congress. ly 31,2006,announcementthathewas In1994 a ponse toCastro’sthreatunleashanother 3, 2006,Senatefloorc , onAugust 19,1994,PresidentClinton Amid solve nottoallowanotherexodus. the GAOstudy, promisedhearings on the significant problemsandneeded better brother Raúl, legisl brother Raúl, oversight ofgrantees, “donotprovide mocratic opposition take advantage of take mocratic opposition support civil-society building efforts in g used properly andthatgrantees arein g usedproperly ized assistancefor ized S. Democracy Assistance for Cuba Needs r whichCubansattempting tofleetheir ed to stem the mass exodus of ed tostemthemassexodus Cubans to provideassistanceatransition Future.” Thefunding wouldhave order,thatwouldhaveprovided$40 Accountability Office(GAO)issued ubans fled to the UnitedStateswith ubans fledto 89 nd 1995,Cuba and the United Investigative news reports on Delahunt, who along with H.R. 5631,SenatorNelson Miami Herald ation wasintroduced, the OASforCuban onsideration ofthe , by Ruth Ellen , Nov. 15, Miami http://wikileaks.org/wiki/CRS-RL32730 been criticized by some as encouragingorder tomake Cubansin torisktheir lives Adjustment Act of1966(P.L. 89-732). This Guard hasinterdictedthousands Florida. generatedamong emotion anoutpouring of on the issuemass untiltheblitz media demonstrations boy’sa and return. The case 2000.InCuba withhisfatherinJune numerous legal appeals byrelativesMiami the were exhausted, the boy returned to that the boy’s father had the sole legal au him to stay inthe United States, the Immigration and Naturalization Service ruled resided inCuba,called for hi Fort Lauderdale. Theboy’s mother drowne case,thefive-yearGonzalez oldboy foundc became attention focused national on Cuban migration policy Elian ofthe asaresult to apply forpermanentresident status apply to then foundasylum inathirdcountry. T forpersecution risk at deemed those while Basics States, consistent witha1984migration ag States, consistent Cuba agreed tofacilitatethe United safe, legal,to and orderly Cuban migration and States United the agreement, In bythe boat. States United the to fleeing Cubans that culminatedinaSeptember9,1994bila large numbers. Guantanamo Bay, Cuba. Despite the change Guard andNavy wouldtake 92 States. United the housed atGuantanamohadleft the U.S. Na Defense announcedthatthelastofsome their attempt to immigrate action would be takenagainst those migrant would cooperatejointly intheeffort.Both enter theUnitedStatesby seaandwould intercept future Cuban migrantsinto the Unitedwould States, attempting but to the United Stateswouldparolethemore unsaf prevent to measures agreed take Cuba to while States, United whoreachthe migrants Cuban all of policy, the United States agreed to discontinue the practice of granting parole to of 20,000eachyear, notincluding immediaterela that totalensure legal Cuban migration tothe United States wouldbe a minimum Formore information, seeCRSReportRS20450, Wet Foot/DryWet FootPolicy. As a result, in early September 1994, C As aresult,inearly1994, September Elian GonzalezCase. In May reached 1995,theUnitedStates , by Larry M.Eig. e departuresfromCuba. illegally. On January s return.Although theboy’s 92 Cubans rescuedatseato ofCubansatseaandretu From late Novemb Since the1995migration Since accord, the U.S. Coast CRS-48 than30,000CubanshousedatGuantanamo Cuba, Fidel Castro orchestratednumerous Castro Cuba, Fidel hose Cubanswhoreach shore areallowed thority tospeak on his have been transferred to Guantanamo and Guantanamo to been transferred have inoneyear, pursuant totheCuban return themtoCuba. Thetwocountries 32,000 Cubansinterceptedatseaand 32,000 val Base, most having beenparoledinto countries also pledgedno also toensurethat countries the Cubanpopulationaswellinsouth so-called “wetfoot/dry foot”policy has d intheincident,whilehisfather,who s returnedtoCubaasaconsequenceof reement. TheUnitedStatesagreed to lingingcoast of toaninnertubeoffthe inpolicy, Cubanscontinuedfleeing in another accordwithCubaunderwhich uba andtheUnitedStatesbegan talks teral agreement tostemtheflowof agreement teral tives of U.S. citizens. Intives ofU.S.citizens. achange The Case of Elian Gonzalez: Legal The CaseofElianGonzalez: 31, 1996,theDepartmentof er 1999 through June 2000, er 1999through June relativesinMiamiwanted rned them to theircountry, the U.S. navalbaseat U.S. the son’s behalf.After http://wikileaks.org/wiki/CRS-RL32730 those engaging inaliensmuggling, andfo in alien smuggling. Prison sentences of year. the in earlier Florida to plane Airlines aCubana for hijacking Cubanswere April 1,2003.Anothersix court inFlorida convictedaCubannationa have usedforcetoprevent Cubans from r The DepartmentofState(pursuantto returned migrants toassess the Cuban government’s treatment of those repatriated. it tooktheactiontopreventadditionalhijackings. condemnation of theCuban worldwide Thesummary prompted States. execution United the to planes Theferry States. United hijacking had been reachthe aferry to whohadhijacked men three anattempt Havanaon 2in in April life sentencemay beimposed.OnApr which Cubanmigrants have br years withnumerousconvictions.Thereha and credibleinstancesofharassm result oftheir attempt to depart illegally” but noted that “there continued tobe clear authorities as a Cuban returnees itmonitoredthe didnotsuffer retribution from TheDepartment State noted, however, that priortothat time, “a majority ofthe noted thatithasbeenunabletomonitor treatment ofthosereturned.In aMay the1994migration agreement andontheCubangovernment’s enforce annual reporttoCongress on Supplemental Appropriations Department of StatePursuant “Total Interdictions,“Total CalenderYe year. earlyof December 2006,morethan2,200C As Cubans wereinterdicted,a In2,952 2005, 2004. recent years, in 1,499 from931in2002to1,4642003and they areabletomakeitland. U.S. policy shouldwelcomethosemigrants it tothe United States and as encouraging maintainOthers that alien smuggling. 94 93 officials announcedseveralmeasuresto temporarily ceding political power tohisbrother, Department ofHomeland Security U.S. Department ofState. “Cuban Emigration Report Submitted Policies, by the U.S.CoastGuard,AlienMigrant Interdic 93 The Cubangovernment hastaken forcef The U.S.Interest SectioninHavana recent in has increased smugglers Florida against migrant in prosecution U.S. The number of Cubansinterdictedats number The In theaftermathofFidel Castro’s

toSection2245of the Omnibus lmost twice the number of Cubans interdicted in2004. interdicted lmost twicethenumberofCubans Act, 1999(P.L. 105-277)” May 2004. government. TheCubang the methods employed by the Cuban government to the methodsemployedgovernment by theCuban andished weapons or in which Coast Guard officials Guard andished weaponsorinwhichCoast ar 1982toPresent,”April 28, 2006. ent andpunishmentofreturnees.” 2004 reporttoCongress, CRS-49 P.L. 105-277, Section 2245) makesasemi- 2245) P.L. 105-277, Section il 11, 2003, the Cuban government executed government il 11,2003,theCuban returnees outside Havana since March 2003. March returnees outsideHavanasince July 31,2006,announcementthathewas discourage Cubansfrom risking their lives tion, Coast Guard Office of Law Enforcement,Law of tion, CoastGuardOffice eaching shore. In July federal 2003,aU.S. up to three years three up to may against beimposed convicted in Key inDecember2003 West r incidentsinvolving preceded by the hijacking of two small precededby two of hijacking the fleeing communist C ea by the U.S. Coast Guard has risen in risen has Guard ea by Coast U.S. the l for hijacking aplanetoKey on hijacking West l for has officers that visit the homes of homes the visit that hasofficers ul action against individuals engagingul actionagainst individuals ve beenseveralviolentincidentsin ubans hadbeeninterdictedsofarthis overnment maintainedthat ConsolidatedandEmergency the StateDepartment death orviolence,a uba whetherornot 94 http://wikileaks.org/wiki/CRS-RL32730 Cuban government whenElianGonz repatriation ofCubans por Cuban deeper lottery; needfora (3)the (2)Cuba’scooperationinhol migrants; issuanceidentifiedCuba’s permits by forall ofexit (1) qualifiedStates:United the Cuba Department, State the According to 2004,andnomigra January scheduled for the return of Cuban nationa the returnofCuban and migrants; accept returned to obligation (5)Cuba’s monitor to travel to diplomats 2006. the Reunification of Families Separated byFamilies th of the Reunification SmugglingAlien Cubans,” and“USCISof Support WillFurtherStrengthenthat Measures 7, 2004. United States. United enter thefamilies United inCuba States; willalso be allowed their toenter the conscripted by theCubangovernment towo procedure. In another changeanother ofpo In procedure. States illegally willbedeemedineligible States annually willremain overa the although in theUnitedStates, Cuban migrants admittedto the United Stat States. The measuress from turning toalien smugglingdiscourage as a Cubans way toenter the United to theUnitedStates.”At and discouraged “anyone fromrisking their Deputy urged Secretary Jackson P. Michael OnAugust 11,2006, Depa on theopenseas. 97 96 95 byraised States. United the was irresponsibleandthatit decision U.S. 1995 migration Department accords,buttheState cancelled the 20 and theUnitedStateshadbeenheldregu DepartmentHomeland of Security, “DHS Announces Additional MeasurestoCombat “Migration Talks Cancelled,” U.S. Department ofState. In responseto the cancellation ofthetalk Migration Talks. 95 interdicted at sea; (4) (4) Cuba sea; interdicted at upport fa Semi-annualU.S. State Department Regular Brie the same time, DHS announced add the sametime,DHSannounced 97 ls determinedto be excludablels fromthe United States. at about21,000.Cubans who a The last timetalkswere The Miami Herald mily reunification by increasing the numbers of CRS-50 alez was in the United States. United the wasin alez licy, Cuban medical ll numberofCubanadmittedto the United larlyimplementation ofthe1994and the on to enterunderthisnewfamily reunification ding anewregistration foranimmigrant was prepared todiscussalloftheissues e Castro Regime,” PressReleases, Aug. 11, “the Cuban peopletostay onthe island” -Cuban talksaltern es eachyearfamily whohave members , January 8,2004. , January t usedbyt Coast Guard U.S. for the the rk inthirdcountrieswillbeallowedto life inthe open seas inorder totravel hasrefusedtodiscussfiveissues rtment ofHomela s, Cubanofficialsmaintainedthatthe tion talkshavebeenheldsince. ’s responsibility topermitU.S. suspended wasin2000by the fing, RichardBoucher.January ttempt toentertheUnited personnelcurrently ating betweenCuba itional measuresto itional nd Security (DHS) th roundoftalks 96 http://wikileaks.org/wiki/CRS-RL32730 November 25,2003, a conference repor House passedJuly 14, 2003,andtheSe Originallyagricu introducedastheFY2004 restrictions onCubatravel. version S.2806thatwouldhaveprohibite and one Senateagricultural provisioninthe committee and medical products; sanctions onfamily and educational travel and onprivate of sales commercial in consisted ofthreeHouseprovisions thatwoul provisions House andSenate market economy. respectforhum to promotedemocratization, in Economic SupportFunds, asrequested by have prohibitedmeasure such assistance.omnibus alsoThe earmarked $9million would Houseversion the and Law while forsuchefforts, assistance Enforcement Senate version would have provided $5millioninInternational Narcotics Control related toassistanceforc House- andSenate-a million forbroadcasting toCuba,thefull and onbaggageparcels fortravelers. used to being have prohibitedfundsfrom Cuba provisionintheHouse-passed versi sale ofagricultural commercialthewould have relatedto easedwas restrictionsit ontravelif toCuba that hadbeenincludedintheSenate signed intolawDecember8,2004. conference reportonNovember20,2004,as incorporated nineregular 2004.Conferencereport,H.Rept. 23, House approvedonJuly 13,2004,andtheSe Originally introducedasFY2005 Foreign Sullivan. Appropriations Measures see CRSReportRL31740, P.L. 108-199(H.R.2673), Consolidat Division H,covering Transportati Division D,covering Foreign Operati Division B, covering Commerce, Justi Division A,covering Agriculture a P.L. 108-447 (H.R.4818),Consolidated For a complete listing of legislative initiatives onCuba inthe 108 Legislation Approved inthe108 and medicalproducts. pproved provisions fromtheoriginalprovisions versionsofH.R.4818 pproved ooperation withCuba on count appropriations bills. The House agreed (344-51)tothe The appropriations bills. Cuba: Issues for the 108 Cuba: Issuesforthe committee versionofS.2803(Section776)that

The omnibus measure The omnibus CRS-51 108-792, filedNovember20,2004,which ppropriations, dropped H.R. 5025thatwouldhaveeasedCuba H.R. on/Treasury appropria on of H.R. 4754(Section801)thatwould amount requestedbyAdministration. the d fundsfromadministering orenforcing d haveeasedCubasanctions.These ons appropriations, ce and State appropriations, dropped the ce andStateappropriations,dropped lture appropriations t was filed, H.Re nate passedNovember 6, 2003.On implementrecentrestrictionsongift Operations Appropr nate approved, ame nate approved, an rights, andthedevelopmentof a free theAdministration,forCubaprojects ed Appropriations Act for FY2004. ed AppropriationsAct for Appropriations Act for FY2005. AppropriationsActfor did theSenate(65-30).President th er-narcotics matters. The th Congress also earmarked$27.629 Congress pt. 108- dropped contrasting nded, onSeptember measure, whichthe the Cubaprovision tions, droppedall iations, whichthe , by MarkP. 401, which th Congress, http://wikileaks.org/wiki/CRS-RL32730 for Radioand TVMarti allocated by theAdministration). aid requesthadincluded $6millionfo FY2003 Foreign Operations earmark funding forhumanrights and FY2003. exchanges (Section749). and frombeing used toeliminate the travel category ofpeople-to-people educational from being usedto administer orenfor H.R.2989hadprovi of the Houseversion administer orenforce restrictions on travel ortravel-related transactions. In addition, thatwouldha in theSenateverison) nearlya had identicalprovision (Section approved versions of H.R. 2989.Both the of versions approved provisions easing Cubasanctionsthat had Cuba. Initiatives fundsfordemocracy-buildingTransition than $5billionin effortsfor Senate-passed versi recommended fullfunding oftheAdminis (although H.R. 2800hadnoearmark Funds fordemocracy programs supported funding oftheAdminis full recommended earmark assistance forCuba democracythe bill,theprograms conferencein report funded democracyDivision Dalso programs House versionofbill(Section571)that approved versionofH.R. assistance forcounter-narcotic million forRadioMartiand requested$26.901millionfo Administration means oftransmission,including Internet Broadcasting Board ofG specific Account, butwithouta and TVbroadcasting toCubaunderthe and medicalgoods. to the Treasury Department) fortravel related tocommercial sales ofagricultural Cuba to that wouldhaveallowedtravel that had been includedintheSenate January 22,2004.Signed intolawJanuary 23,2004. agreed to(242-176)inHouseNovember incorporated sevenregula P.L. 108-7(H.J.Res.2), Consolidated Division F, covering Transportati Division Division D,covering Foreign Opera Division B, covering Commerce, Justice, Division A,covering Agriculture a Presidentsigned intolawFebruary the measure didnot 20,2003.While on ofH.R.2800(Section699G)w broadcasting toCuba. 2800 (Section680),nordiditinclude the provision in the overnors toprovide$1.2 r appropriationsactsfortheyear. Conferencereport $10.546 millionforTVMarti. appropriations; the Adminis s cooperation withCubathat earmark. The confereesstated earmark. The omnibus billalsoprovided$24.996million The -approved versionofH.R.2673 (Section 760) CRS-52 ce restrictionsonremittances(Section746) ppropriations, dropped underageneral license(withoutapplying ve preventedfundsfrombeing usedto on/Treasury appropria 745 in the HouseversionandSection643 democracy forCuba,itfunded projects r such projects ($5.750wasultimately projects such r tration’s $7 million in tration’s $7million by USAID. The House-passedversionof transmission, ofCubabroadcasting. The would haveprohibitedsuchassistance. (65-28) inSenate to 25,2003;agreed House andSenateve been includedintheHouse-andSenate- tration’s $7 millionrequest),whilethe $7 tration’s Operations International Broadcasting sions thatwouldhavepreventedfunds the Housereport,H.Rept.108-122, tions appropriations, did not include not tions appropriations,did for Cuba. While theconfereesdidnot forCuba.While and State appropriations, fundsRadio r Cubabroadcasting, with$16.355 Appropriations Resolution for AppropriationsResolution million to pursue alternative ould haveprovided not more tration’s FY2003 foreign had been intheSenate- had thatthey the expected rsions ofH.R.2989 EconomicSupport the Cubaprovision tions, droppedall http://wikileaks.org/wiki/CRS-RL32730 8, 2004,by unanimousconsent. and inspectCubanprisons.Introduced Ap visit inspectors fromthe Internationalto Committee ofthe Red Crossbe allowed its Human Rights tocondemnCubafor consent. Senateamended 25, 2003;SenateCommitteeonForeign Re arrests ofCubandemocracy activistsby Resolutions Human Rights political purposes, andcallsuponthe60 purposes, political government, calls onCuba toimmediately release individuals imprisoned for human rights violations committed bycontinued Fidel Castro and the Cuban consent. 27, 2003. to Committee onForeignSenate Relations.agreed toby unanimous consent onJune regardto thehumanrights situationin Union, andhumanrights activiststhroughout Human Rights, the U.N.High Commissioner forHuman Rights, the European passed (414-0,11present)April8,2003. and freeelectionsin basic humanrights calls fortheimmediatereleaseofallpo systematic human rights violations inCubathe committed by the Castro regime, S.Res. 328 S.Res. 97 S.Res. 62 H.Res. 179 (Ensign). Calling upontheOASInter-AmericanCo (Nelson, Bill). Expresses these (Nelson,Bill). Expresses (Diaz-Balart, Lincoln). Expresse (Nelson, Bill). Expresses these (Nelson,Bill). Expresses and agreed tothe resolutionApril7,2003,by unanimous CRS-53 Cuba. Introduced February 24,2003;referred the Cubangovernment. Introduced March Cuba.Introduced April7,2003.House litical prisoners,andsupportsrespectfor ril 1,2004;Senatepa human rights abusesanddemandthat human th sessionoftheU.N.Commissionon the world to take certain actions in actions theworldtotakecertain lations discharged bylations unanimous s the sense of the Houseregarding s the senseofthe nse of the Senateregardingthe of nse nse oftheSenateregarding the ssed, amended, April mmission on mmission http://wikileaks.org/wiki/CRS-RL32730 passed (392-22,1present) May 10,2005. approved by theCommitteeon Internati Promote to Havana oftheAssembly and Representatives totheorganizers drug Cooperation Human Rights andDemocracy Human Rights not completedbeforetheendof109 continuetoprom to and urges theagency for Cuba assistance workofUSAIDthe democracyhumanitarian promoting in and $6.5 millionlessthan therequest. programs, 109-277); thisversionrecommends$2.5 The Senate Appropriations reported its Appropriations Committee(H.Rept.109-486) Programs. Introduced June Related Committee onInternational Relations. internationally supervisedelections. fundamental humanrights andimmedi laws thatunnecessarilycriminal Cuba’s re government to immediately release all political prisoners inCuba, eliminate all of democracy andtheprotection andotherel association, andmovement govern should notbelifteduntiltheCuban (H.Rept.109-152).Houseappr 2005 and Related Programs. Reported by House Committee 24, onAppropriations June House passed(398-27,2 2005; approvedby theHouseCommitteeon two-year anniversary ofthehuman rights approved (98-1),amende J Senate CommitteeonAppropriations and for earmark aspecific include Senateversionsa the nor $15 millioninESF assistancefordemocracy ac (91-0) November10.Signed intolaw filed November2,2005.Hous Anti-drug Cooperation H.Res. 193(Diaz-Balart,Mario) H.R. 5522(Kolbe). P.L. 109-102(H.R.3057). H.Con.Res. 165(Andrews). 81(Menendez). H.Con.Res. Legislative Initiatives inthe109 and Cuba Broadcasting present) April27,2005. d, July 20,2005.Conferencereport(H.Rept.109-265) FY2007 Foreign Operations, Export FinancingExport and FY2007 Foreign Operations, ddressed thisissue,and below.) of fundamental humanrigh of e approved (358-39)Novemb Cuba. (Alsoseeprovisionson FY2006 Foreign Operations, Export Financing, Operations,Export FY2006 Foreign Expresses the sense of Congress that the embargo Expresses the senseofCongress that the Expresses thesenseof Expresses CRS-54 November 14. The Administrationrequested November 14. participants oftheMay 20,2005, meeting in Introduced MayIntroduced 24,2005;referredtothe oved (393-32)June 5,2006,andreportedby theHouse Civil Society. Introduced April6,2005; version of the bill th crackdown in Cuba.Introduced crackdown March2, une 30,2005(S.Rept.109-96).Senate Congress. (Alsoseeprovisionson ment agrees freespeech, todecriminalize ment . Expresses supportoftheHouse . Expresses ote itsCubaprogram. Final actionwas onal Relations April27,2005.House onal Relations strict fundamental ements crucialtothedevelopmentof below.) ately schedulefreemultiparty and million in ESF forCubademocracy million International Rela The Housereporttothebillrecognizes ; House passed (373-34) June 9,2006. ; Housepassed(373-34)June tivities for Cuba. NeithertheHouse Cuba. for tivities the conferencereportdidnot ts; andcallsontheCuban th Congress regarding the 29,2005.Reportedby Congress July July er 4;Senateapproved human rights, respect tions March9,2005. Cuba Broadcasting 10, 2006 (S.Rept. Anti- http://wikileaks.org/wiki/CRS-RL32730 1, 2006;referredtoCommitt onCubaatthe62 resolution countries oftheU.N.CommissiononHuma international organizationstheother toworkwithmember United Nations and policy toward the Cuban regime; and calls on the U.S.Permanent Representative to all Cuban political prisoners; calls on the European Uniontoreexamine itscurrent initiate an international solidarity campaign the immediateof onbehalf release of rights violations committedby Cuban regime;the calls onthe Secretary ofState to members ofCuba’spro-democracy move Representatives regarding the Cuban g program of assistance to facilitate a peacef a of assistancetofacilitate program Senate passedMa intimidation ofCubandissi in theseprograms. Duri participation for rights dissidents,pro-democracy activists U.S. government scholarshipand exchange BureauofEduca Department’s State the House, H.R.2601hasaprovision(Section (H.Rept. 109-168). Houseapproved(351- reported, amended, by House International Relations Committee July introduced May2601 H.R. 24,2005; 109-35). (S.Rept. Committee March10,2005 2006 and2007.S.600introduced Years House passed(393-31) 2005; Senateapprovedby una meeting in Havana of the Assembly toPromote CivilSociety. Introduced May 12, Fugitives i in assistanceandothersupport“for 319 (Ensign) offered onApril6,2005,woul taken before the end of the 109 the of taken before the end human Cuba’s for theOAStosupportworkon organizations tosupportdemocracy-build (H.Rept. 109-118). House passed June (H.Rept. 109-118).House passedJune Related Agencies Appropriations Act. ofSanctions Modification November 22, 2005. During June 15,2005,H November 22,2005.During June conference November9; Senateappr Conference report(H.Rept. 109-272)f H.Res. 388(Diaz-Balart,Lincoln). S. 3769(Ensign). S.Res. 469(Lieberman). S. 600(Lugar)/H.R.2601(Smith). S.Res. 140(Martinez). P.L. 109-108(H.R.2862). sectionsforadditi y 25,2006,by unanimousconsent. September29,2005. Encourages multilateral c Encourages dent MarthaBeatriz R onal Cubaprovisions.) Expresses support ofthe Expresses nd ee onForeign Relations. sessionoftheUNCHR.Introduced July 26,2005. nimous consentMay 17,2005. Condemns theApril25,2006,beating and Condemns FY2006 Science, State, Justice, Commerce, and Commerce, FY2006 Science,State,Justice, th Congress. (See Congress. (See ndividuals andindepe CRS-55 oved November 16,2005.Signed intolaw oved November 16, 2005.Senate passe Reported by Committee Appropriations iled November 7, 2005. House approved iled November7,2005. ng Senateconsidera tional and Culturalvariety Affairs fora of ment inJuly 2005;condemnsgross human overnment’s extreme repressionagainst overnment’s extreme Foreign Affairs Authorization Act, Fiscal ing efforts for Cuba” and up to $5 million $5 ing effortsforCuba”andupto , and independent civil society members ul transitioninCuba.Introduced August 215) that would authorize $5 million for would authorize$5million that 215) Expresses the senseoftheHouse the Expresses programs, withpriorityhuman to given 78) July 20,2005.Asapprovedby the d authorize notmorethan$15million n Rights (UNCHR)toensureastrong reported bySenate rights situation.Final actionwasnot ouse floor consideration, the House the ouse floorconsideration, oque. Introduced May 8,2006; Cuba Broadcasting ooperation andauthorizesa Senate fortheMay 20,2005 ndent nongovernmental tion ofS.600,S.Amdt. d September15,2005. Foreign Relations and 13, 2005 U.S. http://wikileaks.org/wiki/CRS-RL32730 overall embargo, H.Amdt. 424(Rangel), by travel, H.Amdt.422 211; oneducational familythree Cubaamendments:on travel report didnotincludetheprovision. 2005, considerationby theSe provision wasadoptedbyo anamendment the Cuba; to exports “paymentthe agricultural advance”forU.S. ofcashin The Senate-passedversion advance.” in “payment term ofthe regarding ofcash Regulations, aclarification February 25, House, Section945wouldhaveprohibite November 21,2005.Signed intolawN November House approvedconference October 20,2005.Conferencereport(H.R Appropriations reportedJu (H.Rept. 109-153).Houseapproved(4 HouseCommitteeonA Appropriations. Urban Development, theJudiciary, Distri 15,2005.Alsoseeprovisionon on June prosecute any individualfortraveltoCuba prohib have 269 (McDermott),whichwould 22,2004,thattightenedregulations fromJune oren of fundstoimplement,administer, by(Flake), rejected H.Amdt.270 avote Act of1996,andprovisions ofSection211 onreligiousamendment travel,H.Amdt respect to trademarks.Introduced Janua Related Agencies Appropriations Act, 1999re of theCubanDemocracy Actof1992,the Removes provisionsrestrictin International Relations. of HurricaneDennis.Introduaftermath toassist their relativesCuban-Americans inCuba inthe allow travel toCuba to should temporarily suspend proposed. amendment, S.Amdt.2158(Ensign), related The amendmentwaswithdrawnthefo funds prohibited 2005, wouldhave ruled outoforder forconstituting legislation inan appropriations bill. ontravelby membersofth amendment In the House, during June 30,2005, floor June In theHouse,during P.L. 109-115(H.R.3058). H.R. 208 (Serrano). (Serrano). 208 H.R. H.Con.Res. 206(S consideration, Senate S.Amdt During 2005, amendments toSection 515.533of Title 31,Code of Federal errano). contained anidenticalpr ly 26,2005(S.Rept.109-109). Cuba Reconciliation Act. Lifts the trade embargo. restrictions onremittances, g trade andotherrelations nate AppropriationsSubc Expresses the sense of Congress that the President the senseofCongress that the Expresses FY2006 Transportation, Treasury, Housing and FY2006 Transportation,Treasury, Housing from being usedtoenfor from CRS-56 ced July 12,2005;referredtoCommitteeon -5-18) June 30,2005.SenateCommittee -5-18) on June of 210-216,thatwould e U.S.military, H.Amdt.419(Flake), was ry 4, 2005;referredto the Committees on 18,2005.Senatea ct ofColumbia,andIndependent Agencies ovember 30,2005.Asapprovedby the Cuban Liberty and De force amendmentsto , H.Amdt.420(Davis),by a vote of 208- . 2133 (Dorgan), proposed on October 19, onOctober . 2133(Dorgan),proposed , wasoffered but subsequently withdrawn Cuba Broadcasting ffered byffered Senator Dorgan during July 19, . 421 (Flake), was withdrawn, and an and . 421(Flake), waswithdrawn, (Lee), by avoteof187-233;andonthe ept. 109-307)filedNovember18,2005. d funds from being usedtoimplement being d fundsfrom ppropriations repor to abortion(andunrelatedCuba)was of the Department of Department Commerce and the of asecond-degreellowing day after lated totransactions a vote of restrictions on gift parcels.H.Amdt. on restrictions ited theuseoffundsinbillto consideration,theHouserejected ovision, Section719,regarding with Cuba,including repeal ommittee. Theconference 169-250. An gift parcels, andfamily gift parcels, Senatea ce restrictionsontravel. below. pproved conference ted June 24,2005 ted June theCubaembargo have prohibiteduse mocratic Solidarity orpayments with pproved (93-1) additional http://wikileaks.org/wiki/CRS-RL32730 Cuba, as byauthorized theTradeSanc Act of2005. Identical provisions oftheacttakeeffect. for political in Cuba, prisoners including a listof79individuals, before the that presidential certificationtoCongress 140 (Martinez), an amendmentintendedto introduced February 9,2005;referredto on International Relations,J trademarks. H.R.719wasintroducedFe Appropriations Act,1999rela repeals Section211oftheDepartment institution financial institution toaU.S. would prohibitthe President from restrictin purchaser andthereleaseofcontrolsu seller occurspriortothetransferof payment the that by mean ofsuchpaymentto receipt the purchaserandthe to the used intheTradeSanctionsReform agriculturalU.S. purchasing goods; clarif for thetemporary entry ofCubanna that thesenseofCongress to Cuba;express re travel-related transactions The billswould provide for a general license by the Secretary of the Treasury for Financial Services,Governme Relations,WaysInternational andMean assistance toCuba.Introduced Febr 1999 relatedtotransactionsor 211 oftheDepartment of 1992,the C trade and other relationswithCuba,incl Financial Services,Governme Relations,WaysInternational andMean prior tothetransferoftitle of such co by ofsuchpaymentoccurs seller receipt the purchaser andthe to the payment the Thebills wouldclarifyCuba. to products to clarify allowable payment termsagricultural forsales of commodities and Re amend theTradeSanctions to bills, Enhancement Actof2000.Theam under advance” of “paymentin ofcash byS.Amdt. 549(Baucus) andS.Amdt.552(B deba floor Senate 2005. During April20,2005, onTerrorand Defense, theGlobalWar release of control of such commodity H.R. 1268 (Lewis). H.R. 1268 ofKa 719(Moran H.R. 579(Paul).H.R. H.R.(Emerson)/ 1339 uban Liberty and Solidarity Act of 1996,and provisions of Section Lifts embargo. trade Re the bills tofacilitate the sale of U.S. agricultural products to FY2005 Emergency Supplemen Commerce andRelationsAgen lated tothesalesand mark udiciary, Financial Services, andAgriculture. S.328 udiciary,Services, Financial S. 634(Chambliss). nsas)/S. 328 (Craig). nsas)/S. 328(Craig). payments withrespecttotrademarks. ProhibitsU.S. nt Reform,andAgriculture. nt Reform,andAgriculture. ted totransactionsor endment wasrulednon-germane. and Export EnhancementActof 2000 and Export (TSRA) CRS-57 mmodity orproductto thepurchaserand uary 2, 2005; referred toCommitteeson referred uary 2,2005; tions and Export EnhancementActof2000. and Export tions form and Export Enhancement Actof2000 form andExport title ofthecommoditytitle orproducttothe for U.S. agricultural salesunderTSRA;and U.S. for Committee onForeign Relations.S.Amdt. uding repeal of theCubanDemocracyrepeal uding Act or product to bruary 9,2005;referredtotheCommittees ch commodity or product tothepurchaser; tionals toconduct of Commerce and RelationsAgencies ofCommerce Cuba has releasedorproperlyCuba accounted the Trade Sanctions ReformandExport the TradeSanctions y the“paymentterm advance” ofcashin that “payment ofcas Tsunami Relief. Introduced March11, Tsunami Relief.Introduced theSecretary ofSt g directtransfersfromaCubanfinancial s, Energy Judiciary, andCommerce, s, Energy Judiciary, andCommerce, be proposedtoS.328,would require a aucus), would have clarifiedtheterms te, S.Amdt. 475 (Craig), asmodified S.Amdt. te, Agricultural Facilitation Export Similar,although notidentical, moves provisionsrestricting eting ofagricultural products the purchaser. H.R. 1339 payments to withrespect cies Appropriations Act, tal Appropriationsfor ate should issuevisas ate activities relatedto h in advance”means http://wikileaks.org/wiki/CRS-RL32730 referred toCommittee onForeign Relations. International Relations, introduced Marc two-thirds majoritya vote was required) 29,2005,Senateconsidera 2005. During June Agencies Appropriations.Housepasse S. 2787wasreferredtothe CommitteeonBa Mayto th referred 11,2006.H.R.5353was to the exclusive economic zone ofthe were United States. introduced Both bills of andexploitation Cuba’s exploration the Committee onBanking, Housing, and Urban Affairs. Services, andGovernment Reform. Judiciary Committeesthe and onInternational inaddition to Relations, Financial the on coast. H.R.5292introducedMay 4,2006;referredtotheCommittee abilitydevelop petroleumto resources ofthe submerged lands ofCuba’s northern $1millionthatcont equal toorexceeding (including foreign subsidiari RequiresthePresiden coast. northern itspetroleum resources offits enhancement ofthedevelop ability to ofCuba the UnitedStatesalienswhohavema Committee onthe Judiciary and Committee onWays and Means. access, forintellectualproperty rights consideration whenidentifyingcountries intellectual property rights, andrequi andpracticesofCubawith the polices examine to (USTR) TradeRepresentative States United the Requires trademarks. Appropriations Act,1999,rela theDepartmentof of Section 211 Committee onInternational Relations. travel toCuba for educational activ Treasury toimplementregulations fromJ Committee onInternational Relations. 15, in effectonJune were that those allowances, family visitstoCuba, family forhumanitarian reasons. The amendment was then ruled outoforder. general license forthe purpose ofvisiting a member ofthe person’s immediate (Dorgan), whichwould 1059 to S.Amdt. H.R. 2361(Taylor,Charles). H.R. 5353(Flake)/S. 2787(Craig). H.R. 5292(Ros-Lehtine H.R. 3372(Flake). H.R. 3064(Lee). H.R. 2617(Davis,Jim). h 16,2005;referred toCommittees onFinancial Services, Prohibits the use of funds ava Prohibitstheuseoffunds and Agriculture. S.634wasintroducedMarch16,2005; United StatesTrademark United es) that are determined tohavees) that made are an investment determined n)/S. 2795(Martinez). Prohibitsany additional ted to transactions or payments with respect to respect ted totransactionsorpayments with remittances, andaccompaniedbaggage beyond 2004. Introduced Maythe to 25,2005;referred FY2006 Interior, Envi S. 2795 introduced May 11, 2006; referred to S. 2795introducedMayreferred 2006; 11, CRS-58 ities. Introduced t toimposeeconomicsanctionsonpersons oil along Cuba’snortherncoastcontiguousoil . Introduced July 21,2005;referredto . Introduced d May 19, 2005. Senate passed June 29, passedJune d MaySenate 19,2005. res USTR to give these findings due res USTR CommerceandRelationsAgencies Permits U.S.companies toparticipate in motion tosuspend the rules withrespect that deny adequate une 2004 that tightened restrictions on une 2004thattightened restrictions e CommitteeonInternational Relations. respect to protecting andenforcing protecting to respect ributes to the enhancement of Cuba’s of ributes totheenhancement have allowedtraveltoCubaundera de tothe investments contributing nking, Housing, andUrbanAffairs. tion, the Senate rejected (60-35;a rejected tion, theSenate Defense Actof2005.Repeals ilable totheDepartmentof Excludes fromadmissionto Excludes June June restrictions onperdiem ronment, andRelated 24, protection, or market 2005; referred to http://wikileaks.org/wiki/CRS-RL32730 the endof109 withdrawn from consideration. Final ac funds toamendregulations (Flake), 1032 Another amendment,H.Amdt. restri 2004tightened Administration’s June funsfro 187-236, wouldhaveprohibited implementing the overallembargo, andH. fundsfrom 1050 (Rangel), defeatedbyprohibited avoteof183-245,wouldhave two amendmentsthatwouldhaveeased 14,2006. during floorconsiderationonJune provision wasaddedbythe H.Amdt. 1049(M toCubathatwerei agricultural exports from being used restrictions toimplement onfinancing tightened forU.S. 950 in theHouseversionandSection846 2006. Both theHouseandSenateversions 2006. Reported by Senate (H.Rept.109-495) Appropriations Committee Act. Intr Agencies Appropriations theJudiciary,Urban Development, the completed by theendof109 issued by theTreasury ona Department medical goods toCuba.Currently such to Cubaunderageneral licensefortravel 109-266). TheSenateversion contains a 2006. SenateAppropriations Committeere reported by HouseAppr measure wasnottakenby theendof109 FacilitatiAgricultural Export language oftheamendmentsconsists 282 (Craig) thatwouldfacilitate Senate consideredS.Amdt.281(Baucus) 2005 (S.Rept.109-35).During Senate 2007. Introduced andreporte travel betweentheUnited Statesa to House Committee onthe Judiciary. on theJudiciary.Committee HR Senate trade names, or commercial names. below on above onassistanceforCuba Section 211)onrecognition by U.S. courts of H.R. 5576(Knollenberg). H.R. 5384(Bonilla). S. 600 (Lugar). 600 S. S. 894 (Enzi)/H.R. 1814(Flake). 691(DomenS. Television Broadcasting th Congress. ici)/H.R. 1689(Feeney) Foreign AffairsAuthorizati opriations CommitteeMay12, FY2007 Agriculture Appropria FY2007Agriculture Appropriations Committee(S.Rept.109-293)July 26, relating to travel forrelig relating totravel d by SenateForeign Re Human RightsandDemocracyProjects on Act of 2005described a Act on thesaleofU.S.agricultu th FY2007 Transportation,Treasury, Housing and Congress. toCuba(S.Amdt.284).) nd Cuba.S.894introduced April25,2005; CRS-59 S. 691intr oduced June 9,2006;reportedbyoduced June House Similar,although notidentical,billstoallow ssued inFebruary 2005.In theHousebill, provision, Section 755, providing for travel for provision, Section755,providing travel isprovidedunderaspecificlicense tion onthemeasurewasnotcompletedby . 1689 introducedApril19,2005;referred floor consideration on April 6, 2005, the 6, floor considerationonApril and asecond-degree amendment,S.Amdt. economic sanctions onCuba:H.Amdt. sanctions economic case-by-case wasnot action Final basis. District ofColumb the provisions of S. 328 (Craig), the 328 theprovisionsofS. Amdt. 1051 (Lee),1051 defeated byAmdt. avoteof ported its version June 22,2006(S.Rept. ported itsversionJune of the bill include a provision (Section provision a of thebillinclude the Senateversion) related to the sale of agricultural and related tothesaleofagricultural certainrights rela oran, Kansas), approved by voicevote ction oneducational that wouldhaveprohibitedtheuseof . Modifiestheprohibition(so-called th On thesameday, theHouse rejected m being usedtoimplementthe Congress. (Also see amendments see Congress. (Also . House passed (406-22) June 14, . Housepassed(406-22)June oduced April 4,2005;referred to on Act,Fiscal Years2006and lations CommitteeMarch10, 2006; passedHouse May 23, ious activitiesinCuba,was bove. Final action onthe ral productstoCuba.The tions bill. Introduced and ting to certainmarks, ia, andIndependent that prohibitsfunds travel toCuba. (S.319),and http://wikileaks.org/wiki/CRS-RL32730 April 27,2006;referredtotheCommitteeonJudiciary. of theabilityenhancement de ofCubato whohavemadeinve aliens July 29,2005;referredtoSena 1999, relatedtotransactions 211 oftheDepartment 2005; referredtotheCommittee H.R.1814introducedApril26, Relations. referred totheCommitteeonForeign (H.Rept. 109-118). House passed June 16, (H.Rept. 109-118).HousepassedJune Related Agencies Appropriations Act. Cuba Broadcasting Introduced 22,2006;referredtotheHouseCommitteeonJudiciary. June Relations andJudiciary. baseball. IntroducedJanuary 4,2005; ofCuba comingwith respect tonationals tothe United States toplay organized Migration conference November 9;Senateappr Conference report(H.Rept.109-272)f (91-0) November 10. Signed into law (91-0) November10.Signed into filed November2,2005. Hous approved (98-1),amende Senate CommitteeonAppropr 2005 (H.Rept.109-152).Houseapprove and Related Programs. Reported by House Committee 24, onAppropriations June see aboveforfailedamendm Broadcasting to Cuba undertheInte report fully funds theAdmin conference 2862, andfully Administra fundedthe wereincludedin broadcasting Radioprogramming. and TVMarti Senate action onappropriations forCuba Administration’s request Cuba recommendation of$27.9millionfor 22, 2005.Thereport totheHousebillincludedacommittee into lawNovember procurement ofantransmit aircraft Radio and to TVMarti programming. During provided $37.7million forCubabroadcasti S. 2682 (Nelson of Florida).S. 2682(Nelsonof S. 1604(Craig). P.L. 109-108(H.R.2862). H.R. 5670(Frank). H.R. 209(Serrano). P.L. 109-102(H.R.3057). Judicial PowersRestorati Judicial , anddidnotprovidefunding d, July 20, 2005. Conferencereport(H.Rept.109-265) Baseball Diplomacy Act. Repeals the Cuban Adjustment Act,P.L. 89-732. Cuban Repealsthe Commerce and Related Agen Commerce andRelated stments directly and significantly contributing tothe ents onCubaSanctions. or payments withrespecttotrademarks.Introduced theSenateversionof te CommitteeontheJudiciary. e approved(358-39)Novemb FY2006 Science, State, Justice, Commerce, and Commerce, FY2006 Science,State,Justice, iations June 30,2005(S iations June FY2006Foreign Operations, Export Financing, on International Relations. Excludes from admission to the United States United the to admission from Excludes rnational Broadcasting Operations CRS-60 oved conferenceNovember16,2005.Signed November 14.TheSena Reported Committee byAppropriations iled November 7, 2005.Houseapproved iled November velop itspetroleumresources.Introduced referred toCommitteesonInternational 2005. Senatepasse tion’s requestof$37.7million.The d (393-32) June 29, 2005. Reported by 29,2005.Reported d (393-32)June istration’s request broadcasting, $10millionbelowthe ng, including assistance forthe including ng, on Actof2005.RepealsSection Waives certain prohibitions H.R. 3057ratherthan for an aircrafttotransmit for an cies AppropriationsAct, .Rept. 109-96).Senate .Rept. d September15,2005. of$37.7millionfor er 4; Senate approved er 4;Senate te-approved version account. Also http://wikileaks.org/wiki/CRS-RL32730 assistance for Cuba forCuba assistance being usedfor television broadcasting to S.Amdt. 284(Dorgan), by avoteof 65-35, earmark. During Senate International Broadcasting Oper the under 111)wouldaut 600(Section reception. S. including fundsforanaircrafttoimpr of $37.7 million for Cuba broadcasting forFY2006 and$29.9millionfor FY2007, 106) wouldau (Section to Cuba.H.R.2601 and shortwavefrequencies for ofCubaBroadcasting touse Office the House approved(351-78)JulyS 20,2005. reported by CommitteeonInte 2005 (S.Rept.109-35).H.R.2601introducedMay2005; 10, 24, March Committee and introduced 600 S. Years 2006and2007. Cuba provisionsinH.R.3057) see (Also the conferencereportfully fundedthe on appropriationsforCubabroadcasting TV Marti, including fortheprocurementof the Broadcastingfor Board ofGovernor increased PeaceCorpsfunding by $21.1 (Dorgan) thatwouldhave consideration,the floor July 19,2005 Agencies appropriations.Introduced Sanctions additional provisions.) see action onthemeasurewasnotcomp recommends fullfunding oftheAdminis Senate versionwouldfund Committee repor Senate Appropriations Appropriations Committee(H.Rept.109- Programs. IntroducedRelated June before theendof109 aerostat forbroadcasting TVMarti. Final action onthe measure was not completed broadcasting, including $2.7millionto Operations account. The report to approved, Cubabroadcasting 109- Appropriations Committee(H.Rept. Human RightsandDemocracy S. 600(Lugar)/H.R.2601(Smith). H.R. 5672(Wolf). H.R. 5522(Kolbe). Human RightsandDemocracy (S.Amdt.281). Human RightsandDemocracy Projects FY2007 Science, State, Justice, Commerce andRelated Commerce FY2007 Science,State,Justice, th floor consideration onApr floor consideration provided nofunding for televi FY2007 Foreign Operations, Export Financing and Financing FY2007 Foreign Operations,Export Congress. Cuba broadcasting. The Senate report tothebill report Cuba broadcasting. TheSenate is to be fundedunderthe rnational RelationsJuly Radio Martiinordertohe the billrecommends$36.102millionforCuba leted beforetheendof109 CRS-61 and Administration’s request for$37.7million. s by $21.1million(theamountrequestedfor ove radio and television transmissionand television ove radioand 5,2006,andreportedby theHouse and additional AMfrequenc took place inH.R.2862(see above) where tration’s request million, and reduced the amount provided million, andreducedthe ted July 10,2006(S.Rept.109-277).The June 22,2006;reportedby June House 486); Housepassed(373-34) June 9, Foreign Affairs Authorization Act, Fiscal Cuba. Also see amendments aboveon amendments Cuba.Alsosee Senate defeated 520). House passed June 29,2006.As 520). HousepassedJune thorize theAdministration’sfullrequest thorize improve transmissioncapabilitiesvia ection 503 ofeachbillwouldauthorize ection an aircraft).Fi that would have prohibited funds from funds that wouldhaveprohibited ations account,butwithoutaspecific fundinghorize forCubabroadcasting Anti-Drug Cooperation Anti-Drug Cooperation reported by Senate il 6,2005,theSenatetabled 13, 2005 (H.Rept. 109-168). 13,2005(H.Rept. International Broadcasting sion broadcasting to Cuba, sion broadcasting to lp improve signal delivery of $36.279million.Final nal congressional action (33-66) S.Amdt.1294 (S.319)andonCuba Foreign Relations ies as well as FM th Congress. (Also for additional sectionsfor 2006. http://wikileaks.org/wiki/CRS-RL32730 Cuba provisionsinthe bill.) see (Also Also see amendments above Also who areMorales,William residing and inCuba, and anycapture.their for rewards disseminateHavanaSectionto the innames offugitives, such as Chesimard Joanne includes aprovision,Section101(1)(H), that House approved(351-78)July 20,2005.As Anti-Drug Cooperation by during July H.Amdt.484(Fosella), approved by 20,2005floor vote, voice Projects reported byInte Committeeon May2005; introduced 24, 2601 H.R. Committee March10,2005(S.Rept.109-35). Years 2006and2007. S. 600 introduced and Fugitives U.S. Final actiononthemeasurewasnotco the of there wasevidenceofinvolvement in the airandonground in connection w have inplaceappropriate not matters. Themoney wouldnot for preliminary worktoestablishcoope The Senateversion,inSection551(e) not impossible,be given difficult, if Cuba’s hostility toward the U.S.government. government andthatU.S.monitoring of to the billmaintainsreport House that fullreporting and transparency by the Cuban noINCLEthat av canbemade assistance (S.Rept. 109-277).TheHouseversionin Senate Appropriati Appropriations Committee(H.Rept.109-4 Related Programs. Introduced June provisions inH.R.3057.) Human RightsandDemocracy narcotics matters.Theconfer cooperation withappr Section 6089provided$5millioninINCLE funds Senate CommitteeonAppropr 2005 (H.Rept.109-152).Houseapprove and Related Programs. Reported by House Committee 24, onAppropriations June (INCLE)fo fundsmay bemadeavailable approved (98-1),amende Section 572providedthatno (91-0) November10.Signed intolaw filed November2,2005.Hous S. 600(Lugar)/H.R.2601(Smith). H.R. 5522(Kolbe). P.L. 109-102(H.R.3057). (S.319)andonCuba Human RightsandDemocracy ons CommitteereporteditsversionofthebillJuly 10,2006 opriate agencies of theC of opriate agencies d, July 20,2005.Conferencereport(H.Rept.109-265) FY2007 Foreign Operations, Export Financing Export and Operations, FY2007 Foreign onassistanceforCuba ence report did notinclude International Narc procedures to protect against thelossofinnocentlife rnational RelationsJuly Sanctions e approved (358-39)Novemb bePresident availablethe certifiedif that Cuba did iations June 30,2005(S iations June FY2006 Foreign Operations, Export Financing, FY2006 Foreign Operations,Export and CRS-62 mpleted before theendof 109 , wouldprovide$5millioninINCLE funds November 14.AsapprovedbyHouse, the Cuba Broadcasting 5, 2006, and reportedbyand theHouse 5,2006, counternarcotics assist cludes aprovision(Section570)providing (S.Amdt. 281).Theprovisionwasadded Foreign Affairs Authorization Act, Fiscal ration withCuba 86); House passed 9,2006. (373-34)June and d (393-32) June 29,2005.Reportedby d (393-32)June ailable to the Cuban government. The government. ailable totheCuban Cuban government indrug trafficking. r Cuba.Asapprovedby theSenate, ith theinterdictionofillegal drugs and authorizes fundsfor theU.S.Interestsauthorizes reported by Senate approved by the House, H.R. 2601 H.R. approvedbyHouse, the otics ControlandLawEnforcement Cuba Broadcasting forpreliminary workto establish uban government oncounter- Human RightsandDemocracy 13,2005(H.Rept.109-168). either provision.(AlsoSee .Rept. 109-96). Senate .Rept. for additional Cuba additional for er 4;Senateapproved on counter-narcotics ance inCubawould Foreign Relations foradditional th Congress. http://wikileaks.org/wiki/CRS-RL32730 Relations. 25,2005;re January States. Introduced escape prosecution or confinement for other individualsall whoare andMoralesfelon William living inCuba inorder to thegovernmentgovernment inCubaexists, of 1996torequirethat,inorderde measure wasnotcompleted consideration. S.600does nothave a CRS ReportRL30628, CRS ReportRL30806, CRS ReportRL31740, CRS ReportRL32251, CRS ReportRL33622, CRS ReportRS20450, CRS ReportRL33412, CRS ReportRL32905, RL33551, CRS Report personnel stationedattheU.S.In Committee onInternational Relations.Ex Cuba in Personnel Diplomatic U.S. for Support H.R. 332(King). P. Sullivan and Maureen Taft-Morales. and MaureenTaft-Morales. Sullivan. Approaches, coordinated by Monke. Jim by DavidRandallPete the President Appropriations, andIndependentAgencies:FY2006 Development, theJudiciary,Distri coordinated by DavidRanda the President and IndependentAgen Development, theJudiciary,Distri H.Con.Res. 428(McCotter). by Mark PSullivan. For Additional Reading Cuba: IssuesandLegislation in the106 Agriculture and Related Agencies: FY2007 Appropriations, Agriculture andRelatedAgencies: FY2007 The Case of Elian Gonzalez: Legal Basics, The CaseofElianGonzalez:Legal AmendstheCubanLibertya Cuba andtheStateSponsorsofTerrorismList Cuba: Issuesforthe108 Cuba: Issues forthe107 Cuba: Issues Cuba after Fidel Castro: U.S. PolicyImplicationsand U.S. Cuba afterFidelCastro: Transportati Transportation, theTreasury,HousingandUrban rman and John Frittelli. rman andJohn before theendof109 terests Sectionin ll Peterman and John Frittelli. ll PetermanandJohn Introduced 13,2006;referred tothe June CRS-63 on, the Trea criminal offense co similar provisi ferred totheCommitteeonInternational cies (TTHUD): Appropriations, FY2007 termine thatademocratically elected extradite tothe United extradite States convicted ct ofColumbia,theExecutiveOffice ct ofColumbia,theExecutiveOffice presses supportforU.S.diplomatic th th Congress Congress, Havana,Cuba. nd Democratic Solidarity Act sury, Housing andUrban th Congress. on. Final ac mmitted in the United , by Mark P.Sullivan. by Mark P.Sullivan th Congress by Larry M. Eig. M. Larry by tion oneither , by MarkP. coordinated , by Mark http://wikileaks.org/wiki/CRS-RL32730 CRS ReportRL31370, CRS ReportRL32014, CRS Report RS21003, CRS ReportRL31258, ReportRS21764, CRS CRS Report94-636, CRS ReportRS22094, CRS Report RL33499, CRS ReportRS22173, CRS ReportRS20468, ReportRL30386,CRS CRS ReportRL31139, Appropriations and FY2007 Request, Appropriations andFY2007 Congressional Response Pending Cases, Citizens’ Travel Abroad David M.Ackerman. Issues Through1994, Overview, Economic Sanctions:StatusandImplementation, by Mark P.Sullivan. P. Sullivan. by K.Elsea. Jennifer by Grimmett. Jeanne J. Radio and Television BroadcastingtoCuba:Backgroundand Restricting Trademark Right Cuba-U.S. Relations:ChronologyofKey Events1959-1999, Cuba: U.S.Restrictions onTravelandRemittances, Cuban MigrationPolicyandIssues, Detainees atGuantanamoBay Travel Restrictions:U.S.GovernmentLimitsonAmerican Suits AgainstTerroristStat WTO Dispute Settlement:St Exempting FoodandAgricultureProductsfromU.S. Lawsuits Against State SupportersofTerrorism:An State Lawsuits Against by Susan B. Epstein and Mark P.Sullivan. State Department andRelatedAgencies:FY2006 State , by SusanB. EpsteinandDianneE.Rennack. , by Margaret Mikyung Lee. CRS-64 by SusanB. Epstein. s ofCubans:WTO Decisionand es byVictimsofTerrorism atus ofU.S.Compliancein , by Elsea. Jennifer by Remy Jurenas. by Ruth Ellen Wasem. by Mark , by