WikiLeaks Document Release http://wikileaks.org/wiki/CRS-RL30806 February 2, 2009

Congressional Research Service Report RL30806 Cuba: Issues for Congress Mark P. Sullivan and Maureen Taft-Morales, Foreign Affairs, Defense, and Trade Division

Updated January 6, 2003

Abstract. This report provides background information on the economic and political situation in Cuba, including the human rights situation, and on U.S. policy toward Cuba, including the economic embargo and measures taken by the Clinton Administration since 1998 to support the Cuban people. The report also examines a number of issues facing Congress in U.S. policy toward Cuba. http://wikileaks.org/wiki/CRS-RL30806 Congressional Research Service Cuba: Issuesforthe107 CRS ReportforCongress Foreign Affairs, Defense, andTrade Division Foreign Affairs, Defense, andTrade Division

˜ Specialist inLatinAmerican Affairs Specialist inLatinAmerican Affairs

The Library ofCongress Received throughtheCRSWeb Updated January 6,2003 Maureen Taft-Morales Order Code RL30806 Mark P.Sullivan th Congress http://wikileaks.org/wiki/CRS-RL30806 with Cubaprovisions. the 107 House version oftheFY2003 Treasury Depa introduced inthe 108 cooperation,and interdiction including humanrights, foodandmedical policyviews onthedirectionofU.S. toward Final action on the measurewasnotco 2740, asreportedoutofcommittee, would have remittances, and U.S. ag threeCubaprovisionsthatwoul included Summary on food and medical exports as on foodandmedicalexports the pastdebate severalin years has focused onwhetherrestrictions tomaintain U.S. ofU.S.-Cuban relations byswift normalization lifting the U.S.embargo. Policy people, and moveCuban toward engaging Cuba indialogue.a Stillothers call for theyengagement, believethat that wouldliftsome are U.S.sanctions hurting the people. Others argue as constructive foran approach,to sometimes referred whilecontinuingenacted, cu reforms are advocate a policy ofkeeping pr maximum But thereareseveralschoolsofthought help bringto democracy— Cuba toward and respect forhuman rightsisland. tothe people. Cuban the to reachout designedmeasures to Cuba. In May 2002, President Bush announced U.S.-sponsored and humanitarian donations U.S. policy consistsofsupportmeasures 1996, oftenreferredto astheHelms/Bur in Democracy(CDA) in1992andtheCuban Act remains comprehensive sanc Administration has essentially continued thispolicy.policy The principal toolof isolating the island nation through comprehensiveeconomic sanctions. The Bush implemented limited reforms. 1989 to1993.Therehasbeensomeimp from theformerSovietUnion,Cuba experi government ofFulgencio Batista frompower Fidel Castrohasruledsinceheled the 108 This report will notbeupdate report This Legislativeinitiatives introducedinthe107 tobebroadagreementappears There Since theearly 1960s,U.S.policytowa remains ahard-lineCommuniststat Cuba th th Congress willfaceearlythes on action Congress. Cuba: Issuesforthe107 th Congress. In ofthe107 thesecondsession ricultural sales to Cuba; the Senate version of the bill, S. tions, which were made st tions, whichweremade broadcasting toCuba.Manybe ofthesewilllikely well asontraveltoCuba. d. It reflects legislative action through the end of d. Itend the through reflectslegislative action mpleted beforetheendof107 the Cuban Revolution, ousting the corrupt the the CubanRevolution,ousting on how to achieve that objective.Some that on howtoachieve enced severeeconomic for the Cuban people, including private for theCubanpeople,including rrent U.S.effortstosupporttheCuban Cuba andalsocoveredarange ofissues ton legislation. Another component of ton legislation. Anothercomponent essure ontheCubangovernment until on theoverallobjectiveofU.S.policy in thecutoff 1959. With of assistance d haveeasedrestrictionsontravel, radioandtelevi rtment appropriati Liberty andDemocra e, with a poorrecordonhumanrights. rovement since 1994asCubahas since rovement exports, travelrestrictions,drug exports, anewinitiativethatincludesseveral e andotherappropriationsmeasures th eased restrictionsontraveltoCuba. rd Cubahasconsistedlargely of Congress reflected these divergent these Congress reflected th Congress ronger withtheCuban sion broadcasting to ons bill, H.R.5120, ons deteriorationfrom tic Solidarity Act th Congress, the th Congress; http://wikileaks.org/wiki/CRS-RL30806 For Additional Reading ...... 49 Legislation inthe106 Issues in U.S.-CubanU.S. Policy Relations Toward ...... 12 Cuba ...... 9 Political Conditions Economic Conditions...... 3 Developments Recent Most Contents Legislative Initiatives inthe 107 BroadcastingDrug Interdiction Cooperation Immigration Issues toModifying Cuba...... 48 Human Sanctions Rights Issues Against ...... 41 Cuba ...... 43 Compensation forFebruary 1996Shootdown MigrationRussian Intelligence Facility inCuba ...... 36 U.S. Foreign AidtoSupport RadioCuban and TVCuba andBiological Weapons? Spies Marti...... 32Cuba in the andCuba and U.S.Fugitives From Justice United TerrorismDrug Interdiction Cooperation States...... 31Travel ...... 28 Food and MedicalExports Restrictions...... 22Section 211TrademarkProvision Helms/BurtonOverall Direction Legislation of ...... 14 U.S. PolicyOutlook ...... 12 Human Rights ...... 5 Funding For RadioandTVMarti ResolutionsModificationsCompensation fortheFebruary 1996Shootdown RegardingForeign OperationsAppr ofConsolidated AppropriationsActforFY2000 Sanctions Cuba’s Human on Cuba Rights ...... 40 Situation ...... 40 ...... 8 ...... 5 th Congress...... 39 ...... 46 ...... 1 opriations Bill forFY2001 th ...... 18 Congress ...... 41 Human Rights andDemocracy ...... 47 ...... 24 ...... 30 ...... 17 ...... 40 ...... 35 ...... 27 ...... 38 ...... 39 ...... 40 ...... 39 ...... 35 http://wikileaks.org/wiki/CRS-RL30806 legislative actiononthesevarious issues Act (P.L. 104-114). U.S. propertyinCubaunder Title III of th right ofindividualstofile lawsuitsagains measur the veto would President the agricultural exports. OnJuly24,White H amendments easingCubaembargorestri appropriations bill,H.R.5120,byavo below.) states, theDistrictofColumbia,andPu mar in Havanafeaturing288exhibitors below.) States” United the that the diplomatswere notinvolved inintelligence activities. Intelligence Agency(DIA)Defense analyst States United the four in Cuban diplomats displaying theCubanflagupsidedow had releasedBiscetonOctober312002,a arrestedatahuman rightsdemonstrationinHavana.TheCubangovernment was Congress. legislation that was passed inthe 106 1996whenCubashotdowntwoU. in killed intelligence facility inCuba; those andof Americans compensation tothe families government sponsoredradioandtelevision cooperation; Cubaandterrori commercial foodandmedicalexpor challenges toU.S.policy restrictions on inthe WorldTrade Organization; issues facing Congress, including theove human rights situation,andU.S.policy to On July 16, 2002, President Bush again suspended for a six-month period the six-month a On July16,2002,President Bushagainsuspendedfor TreasuryDepartment On July24,2002,theHouseapprovedFY2003 From September26-302002,aU.S.Food Departmen In earlyNovember2002,theU.S. On December 6,2002,recently released theThis report economic examines and political situation inCuba, including the Cuba: Issuesforthe107 Most RecentDevelopments sm; Cuban spiesintheUnitedStates;funding forU.S.- ts; restrictionsontravel;bilateral drug trafficking e ifitcontainedsuchprovisions. n. (See “HumanRights”below). erto Rico.(See “FoodandMedicalExports” th e Cuban Liberty and Democratic Solidarity Democratic e CubanLibertyand t thosepersons benefittingfromconfiscated keting 1,000productsfrommorethan30 Congress and also tracks andanalyzes Congress tracks andalso rall directionofU.S. ouse spokesman Ari Fleischerstatedthat spokesman ouse in U.S. policy toward Cuba in the 107 the in U.S.policy towardCubain ward Cuba.It analyzes numerouspolicy broadcasting toCuba;theRussiansignals spying forCuba.Cubastronglyasserted te of 308-121, that contained three te of308-121,that in responsetotheespionagecaseofa fter three years of imprisonmentfor of fter threeyears ctions on travel, remittances, and ctions ontravel, political prisonerOscarElíasBiscet S. civilianplanes.Thereportcites & AgribusinessExhibitionwas held t ofStateorderedtheexpulsion th Congress (See “Cuban Spies in Spies “Cuban (See policy towardCuba; th http://wikileaks.org/wiki/CRS-RL30806 Cuban ConstitutionCuban stating t (See”Food and MedicalExports”below.) to instruct theHousec motion nonbinding a the Househadapproved(273-143)2002, 23, April On agricultural salestoCuba. would haveeliminatedrestrictions in was filedwithoutaprovisionfromtheSe (See “HumanRights”below.) Vladimiro Rocafromjailabouttwomonths an addresstelevisedinCuba.(See “U.S.PolicyTowardCuba”below.) visit. Duringthe trip, Carter raised Policy TowardCuba”below.) includes severalmeasuresdesignedtore not claimedthatCubahadsuchweapons.(See “CubaandTerrorism”below.) but weapons conduct researchonbiological asserted thattheUnitedStates believes at states.” When questionedontheissue provided and“has and-development effort” C that believes States for ArmsControlandInternationalSecur issue ofCubaandbiologicalweapons. On below.) political in Cubatobringabout referendum which expressessupportfortheVarelaPr maintaining themigrationaccords.(See “Migration”below.) andU.S. Subsequently, however,bothCuban 1980and1994. in ones planning anothermassmigrationexoduslikethe National Assemblysession raised concerns capitalism.” (See “PoliticalConditions”belo system intheConstitution...areirrevo Western Hemisphere,PeaceCorps,andNarc section below.) featuring Administrationandoutside Marti on RadioandTV hearing a on InternationalOperationsandHumanRightsheld On June26,2002,Cuba’sNationalAssemb On On May1,2002,theconferencereport(H.Rept.the 2002FarmBill 107-424)to On May5,2002,theCubangovernmentreleased prominent political prisoner Jimmy President former On May12,2002, that Cuba On May20,2002,PresidentBushannouncedanewinitiativeon On June 6, 2002,theHouseInternati On June10,2002,the Senate approved(by avoteof87-0) S.Res.272(Nelson), On June5,2002,theSenateForeignRelationsComm uba hasatleastalimitedoffensi hat “socialism andtherevolutionarypoliticalsocial hat “socialism human rightsissues,andincludedthetopicin CRS-2 U.S. law against U.S. private financingof U.S.lawagainstprivate Cuba has the capacity and the capability to Cubahasthecapacityandcapability cable; and Cuba will never again return to cable; andCubawillneveragainreturn onal RelationsCommittee’sSubcommittee nate version ofthebill(Section 335) that nate version totheCubanpeople.(See “U.S. out ach ity John Boltonstatedthat“theUnited John ity before his 5-year sentence was complete. before his5-yearsentencewas among some observers that Castro was amongsomeobserversthatCastro witnesses. (See “Radio and TV Marti” TV witnesses.(Seeand “Radio May 6, 2002, UnderSecretaryofState onferees to accept the Senate provision. onferees toaccepttheSenate change.(See “HumanRights”section emphasized thattheAdministration had that time,SecretaryofStatePowell that oject thatisworkingforanational dual-usetechnologytootherrogue w.) A speech by Fidel Castro atthe w.)Castro AspeechbyFidel otics Affairs,heldahearingonthe Carter arrivedinCubaforasix-day officials statedtheimportanceof ly approved amendments to the ly approvedamendmentsto ve biologicalwarfareresearch- ittee, Subcommitteeon ittee, http://wikileaks.org/wiki/CRS-RL30806 Economic Primer, and restaurants empty. Hurricane Mi Hurricane and restaurantsempty. in the number of tourists since Septem tourists in thenumberof severely hurtthe agricultural sector. Low wo attacks severely affectedCuba Theterrorist States. United the in attacks 11terrorist September andthe Michelle 5.6%, respectively. just 1.2%.In 1999and2000,theeconomy re Cuba, and the effects ofHurricane Georges resulted in an estimated growth rate of but a growth2.5-3.5%, rateof contributed totheeconomic downturn in 2002. 2002 suspensionofoilshipmentstoCuba because ofdisappointing sugar production. predicting agrowth rateof4-5%for1997,gr 2.5% in1995,and from 35-50%. Recovery be below.) migration, andcooper the StateDepartmentproposingbilate Spies intheUnitedStates”below.) information onwhatsh reportedlyagreedtoa25- prosecutors Montes pledguiltytospyingfortheCubangovernment16years.Federal below.) improvement since1994.Estima severe economicdeteri Rights andthe principles and human rightsrecord“inaccordancewith improveits resolution (byto avote of23-21,with9abstentions) callingonCuba 2 1 shipments were resumed in Septembershipmentsin 2002 afterCubaandVenezuela wereresumed agreed toa Hugo Chavez toCuba,butthese inApril2002,Venezuela suspendedoilshipments Cuba withaboutone-thirdits of agreement signed inOctober2000,withfavora Venezuela provided Cuba with 53,000 barrels ofoilperday underafive-year53,000 Venezuela provided Cubawith bilateral Forfurtherinformation seeCRSReportRL30837, ontheCubaneconomy, Growth slowed to 3% in 2001 in the aftermath of the effectsofHurricane of Growth slowedto3%in2001theaftermath On March12,2002,theCubangovernmentde Ana analyst On March19,2002,formerDefenseIntelligenceAgency(DIA) On April19,2002,theU.N.CommissiononHumanRightsapproveda With With the cutoff ofassistancefromthe by Ian F.Fergusson. 7.8% in 1 7.8% in ation against terrorism. (See terrorism. “D against ation Economic Conditions e about knows oration from 1989-1993, although there has been some oration from1989-1993,although therehasbeen gan in19 oilneeds.In theaftermath ofthe failed ouster of President another poorsugar harvest, ’s touristindustry, withre standards of standards 996. While the Cuban government originally was tes of economic decline tes of 94, with the CRS-3 ber 2001,andVenezuela’ Cuban intelligenceCuban activities. (See “Cuban chelle damaged some45,000homesand ral agreementsondrug-interdiction, For 1998,thegovernment’swas for goal year prisontermifMontesprovides ble financing terms provided forCuba.This former SovietUni the rule oflaw.”(See “Human Rights” owth fortheyearjust 2.5%,largely was rld pricesforsugar andnickel,adecline bounded withgrowth ratesof 6.2% and the UniversalDeclarationofHuman because of Cuba’s slow payment all slow Cuba’s because of 2 For 2002, a flat economic growtheconomic flat For 2002,a economy growing 0.7% in1994, livered threediplomaticnotesto rug Interdiction Cooperation” ports ofsomehotelsclosing in the1989-93periodrange a severedrought ineastern 1 on, Cubaexperienced s April-September (continued...) Cuba: An http://wikileaks.org/wiki/CRS-RL30806 Central Bank (BCC) tooperateasan reform to legislation government enacted ofsuch with tariffreductionstypical educati defense, health,and owned investmentsby foreig approving anewforeignplace); investment ( acco education. Forexample, that began inDecember2002ha Venezuela has begun to backtrack on itsreformeffort backtrack to has begun medicines, andpoweroutages. Moreover, bycharacterized lowwages, high pri sale ofhandicrafts;allowi their produceontheopenmarket;opening opening agricultural marketsinSeptembe agricultural cooperatives(Basic Units state large up reforms includedbreaking 1996 thatfigureth hadgrownmore to inmorethan100occupations authorized dollar-only shops previously limited totouristsand diplomats. Self-employment was to allowed Since 1993,Cubanshavebeen unprecedented economicdecline, faced with willingness toadoptany significant mark standards considerably and for thisindicator.Nevertheless,thec 7.9 in1996,thelowestrateLatin Amer (UNICEF) reportsthatCuba’sinfantmo middle-income developing countries. years expectancy 76years,life is average 79%and68 forother to compared provides its oilsuppliessinceVenezuela it extremelyit for manydifficult of the nation’s self-employedestimatedpoint (at one improvement intheglobal economy. of rate a while forecast, of0%is rate 4 3 2 1, 2002. Halt in Oil to Cuba May EasePressureonChavez,” Shuts OfftheOilSpigot,”“Venezuela 2002; 6, de Cordoba,“Cuba’sWeak Economy May be Battered Again,” restructuring ofCuba’s $142 million debt owed May 30,2002; and “LatinAmerica Roundup,” Nancy SueMartin,“Effects “Cuba Country Report,” Economist Intelligence Unit (EIU) Country Reports, November (...continued) paladares Socialist Cuba has prided itself on the nation’s accomplishments in health and health in accomplishments onthe nation’s itself hasprided Cuba Socialist Despite these measures, the quality oflife formany Cubans remains difficult, economicslidebegan When Cuba’s ) in June 1995 (ineffectlegalizingin June ) on; andauthorizing theestablishmentoffreetradezones resulted inshortagesme in ng privatefoodcatering, of OilStrike Spread,” ners in all sectors of the economyners inallsectorsof of withtheexception rding Bank, totheWorld theliteracyand 94% rateis autonomousandindependententity. ountry’sreduced living has economicdecline CRS-4 of Cooperative Production, UBPCs) in1993; an 150occupations.OtherCuban economic zones in June 1996.In in June zones May 1997,the 3 ces formany basicgoods, shortages of An oil strike and political turmoilin and Anoilstrike et-oriented economic reforms, but in 1993, but et-oriented economicreforms, ica andamong theworld’s top 20 countries TheUnitedNationsChildren’sFund rtality rate(per1,000livebirths)wasjust in 1993, most in theservicesector,andby most 1993, in Cuba withone-thirdofitsoilneeds. 3.2% is for the bankingnew systema established and s. Regulations and r 1994 where farmers could sell partof r 1994wherefarmerscouldsell own anduseU.S.dollarstoshopat law in September 1995 that allows fully allows 1995that lawinSeptember farms intosmaller,moreautonomous, in 1989,thegovernment showedlittle artisan marketsinOctober 1994 for the some analysts fear that the government analysts the some fearthat s caused further concern in Cuba about Cuba in s causedfurtherconcern to Venezuela foritsoilpurchases. SeeJose Miami Herald CubaNews Cuba began tochange policy direction. activities thatwerealready taking Miami Herald Strategic Forecasting ecast for2003,assuming an dicines andmedicalsupplies. , June 2002,p.12;“Venezuela: , June including homerestaurants including , September 9,2002. Wall StreetJournal , December 27,2002 new taxes havemade new taxes (Straftor.com), , June 4

http://wikileaks.org/wiki/CRS-RL30806 June 30,2002, p.1. June capitalism.” in theConstitution...areirrevocable;andCuba w “socialismstatingthat Constitution and the revolutionarysystem politicalsocial and Subsequently the National declaredthat Cuba’s socialistmillion people, system could notbe changed. government orchestratedanationalrefe initiative tothe Constitution(see that called below), the Cuban forchanges Assembly willbeheldagain in2003. voters again werenotofferedachoiceof elections for the NationalAssembly were asthepa Castro reelected Fidel andRaul its 1991) inwhichtheparty reaffirmed complain that the government has backed out foreig Some regulations. because ofthe Some homerest force ofsome4.5million). at morethan200,000,butnowestimated 5 Itrights. basic has crackeddownondi other basic rights, including freedomofexpre Human Rights 1997, theCubanCommunistParty heldits5 in Februaryca 1993,onlyof slate single a for brief periods. While Assembly were members directly elected forthe firsttime Assembly ofPeople’sPower, Legislative aNational authorityas President. in vested is Castro headed by Fidel ofMinisters, aCouncil in vested poweris Executive governmental structures. by Fidel Castro). The Constitution also andin society state the forcein leading power headed (with centered in a Politburo Marxist-Leninist. From 1959until1976,Castroruledby decree. Revolution wassocialist,andinDecem thegovernment. Inof moderates out authoritarian foundations regimefor an of Fulgencio Batis corrupt government sincethe1959CubanRevolution,whichousted ruled has August 13,2002, Communist country remainsahard-line “SpecialSessionof the National In responsetothechallenge posedby Cuba hasapoorrecordonhumanrights, w in1976settingenacted forththeCommunistParty asthe was A Constitution Although Cubahasundertaken some limite 5 Political Conditions Assembly 26, 2002,appr onJune currently with 601 members, that meets twice annually twice currentlymeets that with601members, Assembly, Yes,” ATranscendent CRS-5 April 1961,CastroadmittedthattheCuban ssion, association,asse heldforasecondtimein January 1998, but rendum in late June 2002,signed8.1 byrendum inlateJune ndidates was offered. ber 1961,heproclaimed outlined national, ta frompower.Castrosoonlaidthe commitment toasingle party stateand n investors in Cuba have also begun havealso Cuba to in n investors rty’s firstandsecondsecretaries.Direct by consolidating powerandforcing candidates. Elections for theNational for candidates. Elections ssent, arrested human rightsandactivists state. Fidel Castro,whoturned76on 160,000 or lower, out of atotallabor of out 160,000orlower, ofdealsorforcedthemoutbusiness. th the Varela Project,ahumanrights Varela the Congress (theprioronewasheldin Congress ith thegovernment sharply restricting aurants havebeenforcedtoclose d economicreforms,politicallythe ill neverill again return to oved amendments tothe mbly, movement,and provincial, and local Granma International From October8-10, himself tobea , http://wikileaks.org/wiki/CRS-RL30806 include Leonardo Bruzón Avila, Carlos Alberto Domínguez González, Emilio Leyva ofthe anticipated arelaxation government’s independent journalists 7 6 attention toseveralde demonstration inHavana. Biscet wasjailedagain onDecember6,2002 1999 afterdisplaying Cubanflags upside down political prisoner, Oscar since Elías November Biscet, whohad been imprisoned would continue working fordialogue and reconciliation inCuba. foreign investorsnottoinvestinCuba. Cubansnottovote urged also dissidents Congressof theCubanCommunistParty that Homeland Belongs toUsAll” hadre dissidents the trial.Thefour journalists, andotheractivists beforethedissidents’ Just 3 ½years forRoqueto4years forBonne “sedition” undertheCubanpena four leadershadbeenconvictedby The Cubangovernment hadreleased Ma Working Group,”ReneGome Roca wasimprisonedinJuly 1997along with Vladimiro Roca from jailabouttwomonths be or days at a time.” interrogations, threats,anddegrading tr arbitraryin andde arrest The StateDepartmentreportfor2001notes government hasincreaseditsuseof short-te thatthenumberof notes Reconciliation 2000. TheCubanCommission for report decrease intheestimateof300-400reflected Castro), clandestineprinting, andthebroa illicit association,contemptfortheauthor charges such on 300 people,imprisoned groups insideCubaestimate the number of other dissidents have continued since that time. Pope’s January 1998visit,government a 2002. Nancy San Matin,“Cuba Frees Prominent Political Dissident,” [http://www.cubanet.org/CNews/y97/jul97/homdoc.htm]. at text full the See Among Cuba’s remaining political prisoners, Amnesty International has called On October31,2002,theCubangovernme On May 5, 2002,theCubangovernment re According totheStateDepartment’shum tained in awaveofarrests tained , and staged demonstrations , andstaged tention of human rights advocates,subjectingrights themto tention ofhuman trial,scoresofhumanrights advocates,independent z Manzano, Marta Beatriz Roque, and Felix Bonne. Roque,andFelix MartaBeatriz Manzano, z were detained sothat they 6 l codeafteraone-day tria that strongly criticized the 5 a draftof report a CubancourtonMarch15,1999, on charges of leased a document in June 1997entitled, “The leased adocumentinJune CRS-6 eatment andunsanitaryhours for conditions nzano, Roque,andBonnenzano, inMayAll 2000. and and5yearsGomez Manzano forRoca. Uponhisrelease,Rocamaintainedthathe ttacks against human rights activistsand rights ttacks against human as disseminationofenemy propaganda, rm detentions instead ofprisonsentences. political prisonerstobebetween249and in legislative elections andencouraged elections legislative in d charge of rebellion. This reflecteda This d charge ofrebellion. oppressive tacticsin that the government “routinelythat thegovernment engaged ities (usually for criticizing President ities (usuallycriticizing for in the State Department’shumanrights the in prisoners hasdecreasedbecausethe was going tobe held that October. The fore his5-year sentencewascomplete. an rights report for2001,humanrights threeotherleaders of the “Dissident as asign ofprotestanddistress.But for HumanRights andNational leased prominentpolitical prisoner after his arrest atahuman rights arrest his after FebruaryThese andMarch2002. nt released another prominent nt releasedanother against critics.Although some couldnotcoverorprotest l. Sentencesranged from Miami Herald the aftermathof 7 , May 6, th http://wikileaks.org/wiki/CRS-RL30806 May 15,2002. foreigners, willdecidethe to change lawspeacefully vot bydirect a that wasbroadcastinCuba.Carternoted noted thesignificance oftheVarelaPr required undertheCubanCons to theNationalAssembly calling fora Human Rights and National Reconciliation. suchasEliz activists rights human 19 forthe (named Project Varela the is months recent in attention was inseriousmedicalconditi for called the releas ofState Department heads theChristianLiberation Movement, but result infree and fair elections.Paya, The initiative isorganized who by Oswaldo private enterprise, andchanges to prisoners, callforrespectfo would The referendum in whichthousandsofsignatures haveb Felix Varela, whoadvocatedslavery) independenceof abolition the fromSpain and U.S. officialsandhumanrights activists theworkof record and would haveextended resolution sponsored by the UnitedStates —bythe UNCHRrejected avoteof16 approved resolutionscondemn refused tocooperatew Secretary Cuba But General toinvestigate the human rightsCuba. situation in Special Representative(laterupgraded to Human Rights (UNCHR) called onthe Cuban government with a tocooperate supportfortheVarelaProject. also express democracy.” 453 H.Res. In theHouse, Cuban NationalAssembly forarefe the right ofthe citizens of Cuba whohave signed the Varela Project topetition the supportforth which expresses the Constitutiontodeclare Cuba’s socialist system irrevocable. referendum inlate 2002 June Pérez, and Lázaro Miguel Rodríguez Capote. andLázaro Pérez, 9 8 International, November 2002. “Text ofJimmy “Text Carter’sSpeech,BroadcastLive toCubanPeople,” “Cuba:NewPrisonersof Conscience andPo On May 10, 2002, organizers oftheVa Varela Project. UNCHR Resolutions. 10,2002,theSenate June On In responsetotheVarelaProject, A human rights initiative within Cuba that hasreceived Cuba Ahumanrights initiativewithin ith the Special Rapporteur ith theSpecial future ofthiscountry.” that ultimately ledtothe From 1991 until 1997, the U.N. Commission on From 1991until1997,theU.N. on becauseofahunger strike. titution (Article88).Form ing Cuba’shumanrights record. In 1998,however, e VarelaProjectand“urges thePresidenttosupport approved (by avoteof87-0)S.Res.272(Nelson), ardo Sanchez oftheCuban Commission for ardo Sanchez CRS-7 oject inhisMay 14, een collectedsupporting anational plebiscite. e of Leonardo Bruzón Avila, who reportedly e ofLeonardowho Avila, Bruzón (Pallone), introduced June 20,2002,would (Pallone), introducedJune national referendum,morethanthe10,000 rendum andthepeacefultransitionto e, theworldwillseethatCubans,andnot that “when Cubans exercise thisfreedom exercise Cubans that“when expressed deepdisappointment withthe expressed that wouldhavecondemnedCuba’srights to 19,with18abstentions—theannual r humanrights, anamnesty forpolitical SpecialRapporteur)designated by the Cuban government orchestrated its own its Cuban government orchestrated rela Projectsubmitted11,020signatures theSpecialRapporteurforanotheryear. ssible Prisoners of C ssible Prisoners thecountry’s elector it is supported by other notable Cuban itissupportedbynotable other 8 In lateOctober2002,theU.S. 9

, andtheUNCHRannually National Assembly amending er PresidentJimmy Carter 2002 addressinHavana onscience,” Amnesty al lawthatwould Associated Press Associated th century priest, , http://wikileaks.org/wiki/CRS-RL30806 of PresidentBush. development conferenceheld stepped upitscomplaints of Mexican pressure on Castro toleave the United Nations forsupporting the out atMexico lashed Uruguay respondedtoCuba’sinvectivesby country of“being servile”totheUnited to allow a visitby a representative ofthe U.N.High Commissionfor Human Rights. in respect ofhuman, civil, and political rights.”calledalso The onCuba resolution samethe time atenvironment,” calling while onCuba “to achieve similar progress to fulfillthe “social rights” ofitspeople “despite an adverse international years, the2002resolutionwas milder previous Latin Americancountryto besidesCuba Mexico, andPeru.Brazil Mexico, Guatemala, Rica, Costa Argentina, Chile, by Latin nations: other American six standards of the ruleoflaw.”Uruguay and principles andthe Rights ofHuman Declaration Universal the with accordance record “in with 9abstentions, calling onCuba toimproverights itshuman publicly stateditsconcernabouthumanrights inCuba. but,in abstained resolution. Mexico A U.S.Congressional delegation traveledto including theUnitedStates,wasapproved resolution, sponsoredby Republic theCzech was approvedby avoteof21-18,with abstentions. Inspons 2000,theresolution, In resolutionwasa 1999,theUNCHR Cuba foritshumanrights record,althoug over itspolicy towardCuba. rights in Cuba,butratherwasanexpre vote. Observers maintained thatsignify the vote didnot any human in improvement Cubans seenoalternative toCastro. benefits social in partbecauseofthe elite hasnointerest dissidents fromgaining popularsupport. Mo extraordinary and the systemsecurity prevents apparatus that ofcontrols strong exaggerated and that Castro may remain in maintain that reports ofthe impending co predict thattheregime will collapsewit age may Castro’s and to this point overwhenorhow disagreement occur.Some believe that the demise ofthe government isimminent, there isconsiderable Outlook Cuba lashedoutatUruguay fors On April 19, 2002, theUNCHRapprovedaresolution,byOn April19,2002, avoteof23to21, has againUNCHR For fouryears approved resolutionsthe criticizing now, Observers aredividedoverthefutureof in Castro’soverthrow,and that and Ecuadorabstained,while in Monterrey, in Mexico sponsored theresolution,whichwassupported CRS-8 ssion of disagreement with the United United States the with ofdisagreement ssion oftheCubanrevolution, butalsobecause a shift under the new Fox administration, a shiftunderthenewFox ponsoring the resolution and accusedthe ponsoring theresolution h without appointing a Special Rapporteur. Special h withoutappointing a llapse of the Cuban government have been llapse oftheCubangovernment have 14 abstentions. On April 18,2001,the April 14abstentions.On hout Fidel at the helm. Other observers hout Fidel atthehelm.Other vote against theresolution. Comparedto vote pproved by avoteof21-20,with12 States anditspresidentofbeing aliar. resolution; the Cuban government also resolution; theCubangovernment ored byored Republic andPoland, theCzech breaking diplomaticre power for years. They pointtoCuba’s years. powerfor byabstentions. 10 avoteof22-20,with the Castro government. Although some andco-sponsoredbynations, 16other reover, observersmaintain thatCuba’s Geneva to encourage adoption ofthe Genevatoencourage inthatitrecognized Cuba’sefforts Castro stillenjoys some support, March 2002beforethe arrival Venezuela was the only the was Venezuela lations. Cubaalso http://wikileaks.org/wiki/CRS-RL30806 Cuba-U.S. Relations: Chronol independent civilsociety, withnoprivat that the Castro government has successfully of impeded the development possibility or viability of a stable democratic Cuba after Castro. Analysts point out 10 humanitarian donations, U.S. government s so-called secondtrackofU.S. a people, 6-month intervals. provisions ofthe law, President Clint government liableformone person orgovernment thattrafficsin the law’sAmong sanctions isa provisioninTitle democracy. toassist plan a for Cuba andprovides planes inFebruary 1996—combines avari legislation — enacted in the aftermath ofCuba’s shooting downoftwo U.S. civilian it hasengaged intrade withCuba and prohibitsentry intothe United States Solidarity Act of 1996(P.L Cuban Democracy Act(CDA)of1992andw U.S. policy remains the comprehensive sanctions,with which were made stronger the islandnationthrough comprehensiveec planes, resulting inthe death offourU.S.crew members. Panama; andtheFebruary 1996 30,000 Cubanswhowereinterdic to the United States inthe so-called in AfricaandtheWestern Hemisphe support for guerrilla insurgencies andmilita Cuban Cuba; in missiles nuclear offensive place to attempt overits Union Soviet the Pigs invasion;theOctober 1962 missile cris to overthrowtheCastrogovernment cu Cubanbyillustrated relationship is eventssuch and actions as: U.S.covert operations close relationswiththeSovi began tobuildarepressivecommunistdi many Cubans. democratic Cuba willbe a formidable task, one that could meet stiffresistance from and nounifiedpoliticalopposition.For this legislation. TheCDAprohibitsU.S.subsid Formore onthebackground ofU.S.-Cubansee CRSReportRL30386, fromCRS relations Even if Castro is overthrown or resigns, or overthrown Even ifCastrois Another componentofU.S.policy consis Since theearly 1960s,U.S.policy towardC In theearly 1960s,U.S.-Cubanrelationsde U.S. Policy Toward Cuba U.S. Policy Toward et Union.Theoftentensea ogy ofKeyEvents 1959-1999. tary damages inU.S.fe . 104-114), shootdown byje Cubanfighter ted andhousedatU.S.f re; the 1980 exodus ofaround125,000Cubans re; the1980exodus on suspended the implementation ofTitle Mariel boatlift; the 1994 CRS-9 lminating inthe ill-fated April 1961 Bay of e sector,noindepende U.S. property confiscatedby theCuban in thelast180days. TheHelms/Burton ctatorship and moved his countryhis toward ctatorship andmoved for anyif freight vesseltoloadorunload Cubaonceitbegins thetransitionto upport fordemocracy-building efforts for ry supportforrevolutionary governments often referred toas the Helms/Burton is in whichtheUnitedStatesconfronted iaries fromengaging intradewithCuba onomic sanctions. Theprincipaltoolof onomic etyon ofmeasurestoincreasepressure the important question remaining isthe policy. ThisincludesU.S.private ith theCubanLiberty andDemocratic reason, theyreason, contendthatbuilding a ts of support measures fortheCuban teriorated sharply when Fidel Castro uba hasconsistedla nd hostilenatureof the U.S.- deral court. Acting under court. deral acilities inGuantanamoand 10 ts oftwoU.S.civilian exodus nt labor movement, nt labor III that holds any holds III that rgely of isolating of more than III at http://wikileaks.org/wiki/CRS-RL30806 those working tobring about elections, andallowsforfreespeech.” government ...untilthisregime frees its Administration would“opposeany attempt on hisAdministration’spolicy towardC other activities. those involvedinawiderange ofeduca travel to Cuba for certain forcertain categories Cuba of to trav travel York); and an expansion ofpeople-to-pe York); andanexpansion flights fromMiami (direct flights later inthe year began from Los Angeles and New passenger charter flights toCuba fromadditional U.S.cities other than the current with closean ofdirect relatives expansion Cuba;remittances sendto inCuba) could of cash remittances toCuba, sothat all U.S.residents (notjustthose a broadening announced severaladd and medicalsuppliesequipmentto with Cuba), and the streamlining ofprocedures forthe commercial sale ofmedicines in Cuba(whichhadbeen curtailed in Au re cash civilian planes),theresumptionof to Cuba (which had been curtailed afte people.Thesein U.S. supportfortheCuban aftermath ofthePope’sJanuary 1998visit Marti. Cuba, and U.S.-sponsoredradiotele 11 designedincludes fourmeasures toreach January 16,2002,fora 6-monthperiod. change ofTitle inCuba. Presidentimplementation Bush again suspended countriesand European cited effortsby in U.S. federalcourtthose Solidarity Act(P.L.U. 104-114)thatallows the Title period for a 6-month threedaysJust later,onJuly 16,2001,Presid Cuba. in pro-democracyactuallyreach exchanges activists andcultural humanitarian “unlicensed and excessive travel,” enforce limitsonremittances, and ensure that noted theimportanceofupholding anden enforcement capabilities ofthe Office ofForeign Assets Control.The President 2001, PresidentBush askedtheTreasury De suspending implementation ofTitle embargo, healsohascontinuedinthesa May 18,2001. See[http://www.white May WhiteHouse,The “ Bush Administration Policy. The ClintonAdministration made several inthe changespolicy toU.S. On May 20, 2002,PresidentBush announcedanewinitiativeonCuba that On May toenforcethe Althoughmeasures PresidentBush hasannouncedstronger Remarks bythePresidentin RecognitionofCubaIndependenceDay itional measures to support the itional measurestosupport persons who trafficinpropert persons democratic change inCuba.” III provisions of the Cuban Liberty and Democratic and Liberty Cuban the of III provisions house.gov/news/releas III of the Helms-Burton legislati Helms-Burton the of III CRS-10 President Bush made his first major statement President major Bush first made his r the February gust 1994 in responsetothemigration crisis vision broadcasting toCuba,RadioandTV He addedthathewould“activelyHe support Cuba. In Clinton January 1999,President me vein as the Clinton Administration by Administration me vein as the Clinton political prisoners,hol uba on May 18,2001.Hestatedthathis uba mittances for thesupportofcloserelatives mittances tional, religious, sportscompetition,and tional, religious, ople contactby loosen elers, such as professional researchers and researchers suchasprofessional elers, other U.S.alliestopushfordemocratic outtotheCubanpeople: 1)facilitating to Cuba, which were to Cuba,which ent Bush decidedto continue tosuspend S. nationalstosueformoney damages cluded theresumptionofdirectflights forcing the law in order to prevent order in forcing the law partment to enhance and expand the expand and partment toenhance to weaken sanctions against Cuba’s to weakensanctions Cuban people.These included 1996 shoot 1996 es/2001/05/20010518-7.html]. y confiscatedinCuba.He 11 intendedto bolster ds democratic,free ing restrictionson down of two U.S. on. OnJuly 13, III on ”, http://wikileaks.org/wiki/CRS-RL30806 the UnitedStatesandCuba,establishope bilateral relationship. He called on Congress “to permit unrestricted travel between ofimprovingalso called the U.S.-Cuban step forthe United States totake the first inmates. He also called attention tothe Varela Project. issuesaspr such in ordertoaddress Co Rights U.N.Human the receive andto prisons Cubans visit organize. He asked Cuba to permit the International Committee ofthe Red Crossto th rule criticized Cuba’sone-party address inHavana that wa signif most activists onMay 16.Perhaps ofhuman Project). Hemetwithanumber to change Cuba’slaws(see“HumanRigh is themainorganizer oftheVarela Project Reconciliation and Oswaldo Paya, whoheads the Christian Liberation Movement and oftheCubanCommissi Sanchez Elizardo rights issues.OnMay 13,2002,Cartermet May 12,2002forasix-day visit.During th proves that itiscommitted toreal reform.” economicthe sanctions banand ontravel onCuba, toCuba, untilCuba’s government enforce to “continue would States United the however,that state, did President, ofrestrictionsontraveltoC tightening Cubans are fullyprotected. The President’s initiative didnotinclude an explicit government, when the rule oflaw isresp wouldonly o program) aid and arobust maintained thatfullnormaliz President the However, and travel. banontrade easethe Congress to with reforms. If those conditions were met, the President maintained that he wouldwork National Assembly electionsare free and fa political prisoners. professionalinvolvedinbuilding civ and Report onthe Americas of directmail. See:PhilipBrenner, “Was discusswith theUnited States measuresto to concern aboutpotentialterrorism that could oc would needtoenterintoacivil-aviation agreem responded toU.S.overtures aboutdirectmail of President Clinton calledfortheresumption service totake actionstoprovidePostal directmail service.the U.S. In January 1999, governmental organization (NGOs);2)pr governmental humanitarian assistance to the Cuban people by U.S. religious and othernon- 12 from Cuba people through NGOs;3)calling fortheresu Directmail service wassuspendedin In addition to his advocacyIn his Carter to rights, forhuman democracy addition respect of and toCuba. Visit Carter President Bush alsocalledonCubato 12 ; and4)establishing scholarshipsin , March1,1999. s broadcast live on televisi on s broadcastlive ation of relations (diplo ation of Former President Jimmy Carter arrived inCuba on at doesnotallowoppositionmovementsto 1962. The Cuban Democracy1962. The Act of1992directed CRS-11 hington aLittle,” Loosens theKnotJust isoners ofconscienceandthetreatment uba that some observers had expected. The uba thatsomeobservershadexpected. that hasthegoal ofanationalreferendum il institutionsandforfamilyof members icantly, however,wasPresident Carter’s service by maintaining thatthetwocountries ected, and when the human rights ofall human the ected, andwhen prevent suchactivity beforetheresumption ts” section above for more on the Varela ts” sectionaboveformoreonthe ccur whenCubahasafully democratic cur withdirectmail servicewant andwould ir andtoadoptmeaningful market-based oviding directassi with twoleading humanrights activists, n trading relationships, and repeal the and n trading relationships, rights andreligious organizations and direct mail service. In thepast,Cubahas e trip, Carter repeatedly raised human e trip,Carterrepeatedly raised ent. Cuba in the past hasalsoexpressed past ent. Cuba inthe on ofHumanRights andNational on takestepstoensurethatthe2003 mption of direct mail servicetoand mption ofdirect theUnitedStatesforCubanstudents on andradioMay 14.Carter matic recognition, opentrade, stance totheCuban mmissioner to visit NACLA http://wikileaks.org/wiki/CRS-RL30806 embargo asa“vital partofAmericanforeign policy.” to liftthe embargo, the Bush Administration reiterated itsstance ofmaintaining the May 15,2002. makes it difficult for us to exchange ideas andrespect.” ideas exchange us to for difficult it makes impasse, induces anger and resentment, restricts the freedomsand ofU.S.citizens, existing the freezes embargo “the that hemaintained but problems, economic embargo.” Carter acknowledged thatU. embargo.” Carter 14 13 needsto Cuban steps forwhat road map point out that the CubanLiberty andDemo fo means measures ofsupport,isthebest through people Cuban the reaching to policy out two-track but Cuba, ofisolating and also maintain that moderating policy willhelp advance human rights inCuba. consistency in itspolicies withthe world’sfew remaining Communist governments, of changeProponents embargo. becauseofthe people Cuban the of suffering increased the and to U.S. embargo, tothemissedopportunities to Supporters ofchanging policy alsopointto should es They argue that since Castro’s demise does not appearimminent, the United States the potentialofinvolving and United States States ofavoiding violent change in Cuba forces forpeacefulchange ontheisland. of reformseeds wouldbethe planted inCuba, which wouldstimulate and strengthen its policy towardCuba–through increased Cuba make several policy arguments. TheyUnited assert Statesthe moderated that if call fora swiftnormalization ofU.S.-Cuba hurting the Cuban people, and move toward engaging Cuba indialogue. Stillothers constructive engagement, that wouldliftsome U.S.sanctions that they are believe support theCubanpeople.Othersargue government untilreformsare enacted, while continuing current U.S.efforts to objective. Some advocate pressurekeeping maximum a onthe policy Cuban of sc several to theisland—therehavebeen of U.S.policybr help towardCuba—to Overall Direction 16, 2002. Carter’s “U.S.Rejects Tim Johnson, ofJimmy “Text Carter’sSpeech,BroadcastLive toCubanPeople,” On the other side, opponentsofchangingthe On In general, thoseadvocating aloosenin Over theyears,policymakU.S. although pouse a more realis Issues inU.S.-CubanRelations also argue that the United States shouldadhere tosome of U.S.Policy tic approach intrying toinduce change inCuba. PleatoEndEmbargo on Cuba,” CRS-12 ing democracying rights forhuman andrespect r realizing political changerealizing r inCuba.They hools of thought about howtoachievethat thought of hools , with the prospect of a mass exodus to the to exodus mass , withtheprospectofa for anapproach,sometimesreferred to as S. policy wasnotthesourceofCuba’s They stress the importance to the United the Theyto stresstheimportance travel, trade and diplomatic dialogue, that travel, tradeanddiplomatic broadinternational cratic Solidarity Act n relationsby lifting theU.S.embargo. the UnitedStatesinacivilwarscenario. take in order for the United States to takeUnited inorder forthe U.S. businesses becauseoftheembargo, g thesanctions-basedpolicy of toward ers have agreed ontheoverallobjective ers U.S. policy maintainthatthecurrent 14 13 Incall responsetoCarter’s support forlifting the of 1996setsfortha Miami Herald Associated Press Associated , May , http://wikileaks.org/wiki/CRS-RL30806 end ofthisreport.) U.S. embargo, arethecausesofeconomy’s rapiddecline. loosening U.S.sanctionsfurtherargue that impact withthelossoflarge subsidiesfro sanctions canwork;andthatthe todemocracycommitment course and inits human rights inCuba; that sustained Opponents ofsofteningthattheUnitedStatesshouldstay U.S.policyargue the politically andeconomically, enabling the justice. In addition, some Members justice. InMembers addition,some Ch the UnitedStatesconvictedfelonJoanne democratically electedthat the government government exists, Cuba extradite in to Actof1996torequire,asa Solidarity facility). H.R.2292(Rothman)wouldam which discussesRu FacilityCuba,” in intelligence facilityLourdes, Cuba (see section at below on“Russian Intelligence andpermanently from, the closed personnel all removed operations, its ceased all United States bythe owed to Russia untilthe President certifies that Russia has Lehtinen) wouldprohibit rescheduling or policy at thistimewithout lifting the embargo.including They normalize relations, argue that softening U.S. (H.Rept. 107-424, filed May 1,2002) didnot provision. Ultimately, however,theHous (273-143) anon-binding motiontoinstru Farm Bill hadnosuchfinancing provi salesto agricultural private financing of of Act Enhancement Reform andExport “Farm Bill,” H.R.2646,would have eliminat Restrictions” below.) (see “Travelbill the provision was not included inthe conferenceto report U.S.embargooverall onCuba. Ultimately,administeringthe the Cuba travel Cuba andrejectedasecondthatwould spending foradministering Treasuryregulations restricting Department travel to that wouldprohibit appropriations bill.The House approved one amendment actiononH.R. July 25,2001floor that the Housedebatedtwoamendments ease U.S.sanctionspolicy towardC to thedemocraticoppositionwithinCuba. legislation, H.R.1271(Diaz-Balart) andS. (whether sanctionsshouldbe onthe views divergent Congress reflected including human rights, drug interdicti including humanrights, (For a complete listing, see “Legislative Initiatives in the 107 Several billswould Legislative Initiatives. In the second session ofthe107 In thesecondsession On theothersideofpolicy debate have strengthened sanctions concrete Cubanreformsw concrete eased orintensified)andal Legislative initiatives introduced inthe107 Legislativeintroduced initiatives uba. In thefirstsessionof107 CRS-13 sion, theHouseonApril 23,2002,approved th opposed toeasing sanctionshaveproposed on cooperation,andbroa Congress, theSenateversionof2002 ssia’s October2001decisiontoclosethe 2590, theFY2002 Treasury Department 2000 (P.L.2000 106-387, TitleIX) thatprohibits prohibit Treasury funds from Department would easeU.S.sanctionsonCubaduring Cuba. Although theHouseversionof m the former Soviet bloc.Opponentsof Soviet m theformer 894 (Helms),providing increasedsupport Cuba’sfailedeconomic , numerous measures wereintroducedto numerous , forgiving any outstanding bilateraldebt end the Cuban Liberty end theCuban andDemocratic condition forthedeterminationthata esimard and all other U.S. fugitives from esimard andallotherU.S. e-Senate conference reportonthebill e-Senate ct theconfereestoaccept theSenate againsthaveCuba only come to full direction ofU.S.policy towardCuba ed languageSanctions fromtheTrade survival oftheCommunistregime. include the Sena ould boosttheCastroregime onCuba.H.R.160(Ros- so coveredarange ofissues th Congress” towardthe te (For provision. dcasting toCuba. policies, notthe th Congress, th http://wikileaks.org/wiki/CRS-RL30806 consider creative approaches to resolve U.S. property U.S. resolve approachesto claims. creative consider Marti; 7)promotescholarships;8)expa that wereassets confiscated; inCuba accepting payment for trademark licenses used inconnection witha business or omnibus appropriationsmeasure,P.L. 105-277) law inMarch2003;5)repealaprovision products; 3)end and medical policy:2) allo ban; 1)repealthetravel groupreform inCuba.OnMaythe 2002, 15, maintains thatU.S.policy hasnotbroug of Cuba’s refusal toallow free elections policy towardCubafromoneof Members formed a CubaWorking Group,with Representatives, May 15,2002. Status andImplementation IB10061, further information,see“Food andMedical 15 Legislation Helms/Burton of the107 on travel toCuba. Final action onthe Treasury billwas not completed before the end used to would prohibitfundsfrombeing version ofthebill,S. 2740, as reported approved H.R.5120withthethreeCuba on travel, remittances, and U.S.agricultural sales toCuba; the House subsequently sanctions thatwouldprohibit funds in the appropriations bill,H.R.5120,theHous 104-114) was enactedintolawonMarch12,1996. expedite atransitiontodemocracyexpedite inCuba. time ifhe determines that such a delay wouldbe in the national interest and would hasauthority confiscated. The President to to CubanAmericanswhobecameU.S. those personsthattrafficin any in circumscribed changes administrationsIn willbe subsequent effect, the ClintonAdministration and Cuba. toward policy onU.S. long-lasting effect options becauseofthe significant waiver isprovidedforany of these codi embargo ExecutiveCuban Orde all existing “A Review of U.S. Policy Toward Cuba,” Cuba Working Group,U.S.House of Cuba “AReview of U.S. Policy Cuba,” Toward In the second session of the 107 Inthe of thesecondsession Major Provisions. During July 23,2002consideration Title III Exempting Food and Agriculture Produc Exempting Foodand th Congress. allows U.S.nationalsmoney tosue for damages in U.S.federal court TheCubanLiberty andDemo .) property confiscated in Cuba. Itpropertysue the rightin to extends confiscated restrictions onremittances;4) in U.S.policy toward Cuba. isolation to one of engagement.The group isolationtooneof iscritical th Congress, abipartisangroup of over 40 House CRS-14 w normal unsubsidized exports ofagricultural exports w normalunsubsidized 6) terminate TVMarti and improve Radio nd U.S.-Cubansecurity cooperation; and9) out ofcommittee,includedaprovisionthat ht about meaningful politicalandeconomic fied embargo provisions.Thisprovisionis and its failureand tore bill from being used to enforce regulationsbill frombeing usedtoenforce provisionsonJuly 24,2002.TheSenate ofU.S.law(Section211theFY1999 enforce Treasury Departmentregulations e approved three amendmentsonCuba three e approved delay implementationfor6 months at a set forthninerecommendationsforU.S. of theFY2003 Treasury Department Exports” below andCRSIssue Brief Exports” citizens after theirpropertieswere after citizens rs andregulations. Nopresidential the overarching goal ofshifting U.S. thatpreventstheUnitedStates from ts fromU.S.EconomicSanctions: Title I,Section 102(h) cratic Solidarity Act (P.L. sunsettheHelms/Burton spect basicfreedomsbut 15 , codifies http://wikileaks.org/wiki/CRS-RL30806 Congress,” Department toenforce the Title IV provisions. settlement efforts had failed; some MembersCongressarelikely of topress the State betweenSol Melia and the original owners of province in1961.Pressreports investing inproperty that was confiscated fromU.S.citizens inCuba’s Holguin Department has been investigating a Spanish hotel company, Sol Melia, forallegedly years. for ten Cuba years,in Forseveral State the of ITT-claimed property the company agreed topay theU.S.-bas Italian telecommunicationscompany wasav are again eligible toentertheUnitedStat disinvested fromU.S.-claimedpropert Domos mining company;Israean Group, andBM Domos, a Mexican telecommunications company; Sherritt International, a Canadian companies becauseoftheirinvestmentin United Statesthe a numberfrom banned ofexecutives and their families fromthree European countriesandotherU.S.allies authority Title tosuspend most recentlyintervals, month his onJulyused Bushfirst President 16,2002.When Title democracy inCuba.”Hecon continuedtheirste allies and friends wouldcontinue tosuspendhe the right tofile law suits“asthat long as America’s United States. Atthesecond suspension liab they andsignificant that lawsuits on notice offuture faceprospects 1996. According tothe Clinton Administration, this put foreign companiesinCuba as aresultliability fortrafficking under 16, 1996, the President announcedthathewouldallowTitle from confiscated U.S.property inCuba. Atthe time of the first suspension onJuly to under theact—right ofindividuals July 1996then-PresidentClinton suspende 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 interestofanentitya controlling involve property in Cuba. Thisincludescorporate the confiscationofU.S.prope 16 “April Likely“AprilMark Beginning to of Epic Battle Over Cuba Policy Between White House, With regard toTitleIV ofthelegisl tosuspend implementationPresidentcontinued ofTitle Bush has IIIandIV. Title Implementation of Title IV III lawsuits. III lawsuits. Cuba Trader of thelawdeniesadmissionto , March 11, 2002, p. 2-3;“Congressp. ExpectedtoMake2002, NewPush 11, , March III implementation in July July in III implementation tinued, at 6-month intervals, tosuspend the rights tofile rty in Cuba or in the trafficking ofconfiscatedU.S. rtytrafficking inCubaorthe inMarch2002indicatedth forindividuals todefend themselves inlegal actions includes thespouse,minorchild,oragent of includes CRS-15 pped-up effortstopromoteatransition ed ITT Corporation$25million fortheuse on January 3,1997,PresidentClintonstated the title became effectiveonNovember1, the titlebecame confiscated U.S. property confiscatedU.S. in Cuba: Grupos es. Action against executives ofSTET,an es. Actionagainst executives to pushfordemocraticchange inCuba. li-owned citrus company.citrus li-owned In 1997,Grupos d intheconfiscationofU.S.property or file suit against thosepersonsbenefitting file d — for 6-month periods, as provided for d —for6-monthperiods,asprovided ation, to date the State Department has ation, todatetheStateDepartment officers, principals,orshareholderswith provision. Thisprovisionismandatory, erted by aJulywhich in 1997agreement Withregard toTitle theproperty,year butbythe of theend y in Cuba, and as a result its executives y its andasaresult Cuba, in 16 United Statestoaliensinvolvedin 2001, hecitedeffortsby at asettlementwaslikely III to go into effect, and effect, into go III to III, beginning in beginning III, (continued...) ility in the III at six- III at http://wikileaks.org/wiki/CRS-RL30806 understanding. They maintainthatth for TitleIV Enforcement afterSettlement Fails,” in Cuba. (denying government support) thatmay not they arguedcriticisms, thattheunders alreadycovering companies in invested byagreement opposition tothe several exercised. that Presidenttimesame the Clinton’snew at Titleapplied IV waiver authoritywas aproperty that has a recordofclaims. established towarninvestor propertiesw those expropriated illegal governme expropriations, restrictions. Future investment in expr success at obtaining a waiver fromCongress forthe legislation’s Title IV visa propertiesworldw expropriated 18, 1998.Theunderstanding setforthEU United St the of negotiations, theEUand especi wanting tocoverpastexpropriations, difficult, withthe EU wanting tocover only future investments and the United States challenge expire. WTO its WTO disputesettlementcase.Subsequently governments. Aspartoftheunderstanding protection relatinginvestment tothe conf and for anagreementprinciples onagreed strengthening of develop the disciplines to together work to and democracy promote to Cuba efforts in agreed continue to understandingwhen anEU-U.S. wasreach Thebeginning ofasettleme law. U.S. it was challenging the Helms/Burton legislation as an extraterritorial application of TradeOrganization (WTO). World protect itssecurity interests,iswell principles. U.S. officials maintain that the United States, which reserves the right to constitute an extraterritorial application ofU.S.law that is contrary tointernational allowingmaintain thatprovisions the foreign law’s persons tobe sued inU.S.court criticized the enactment ofthe Cuban LibertyDemocraticand Solidarity They Act. Representative Gilman andSenatorHe Gilman Representative amendment ofTitle IV In inCongress. a letter tothen-Secretary ofState Albright, including Me Canada,Japan, 17 16 “Text: Helms, “Text: Gilman LetteronHelms-Burton,” (...continued) Reaction was mixed among Members of Congress to the EU-U.S. accord,but EU-U.S. among the ofCongress to Members wasmixed Reaction betweentheTalks United States and th been pursuing itscaseattheWTO,inwhich had EU the Until mid-April1997, Foreign Reaction and theReaction EU’s WTOChallenge.Foreign 17 Ontheotherside,however, s andgovernment agencies providing investment support xico, and European Union (EU) nations —stronglynations (EU) andEuropeanUnion xico, ould bedenied. A Registry ide, inexchange Administration’s forthe Clinton nt support or assistance fo assistance nt supportor within its obligations underNAFTA andthe within itsobligations CRS-16 opriated property would nt ontheissueoccurredApril11,1997, ates reachedasecondunderstanding onMay e understanding isimportantbecauseit e understanding tanding only proposesaweaksanction These investment disciplines were tobe investment These lms criticizedtheunderstanding fornot expropriated property. Among other property. expropriated iscation ofproperty deter companiesthatarewilling toinvest , theEUagreed that it wouldsuspend its ally inCuba.Nevert inmid-April1998,theEUagreed tolet some Members supporttheEU-U.S. some Members e EU oninvestmentdisciplinesproved senior Membersha ed. In bothsides theunderstanding, Cuba Trader disciplines regarding investmentin disciplines regarding Inside U.S.Trade , December 9,2002. ofClaimswouldalsobe r transactionsrelatedto Many U.S.allies — heless, after months be barred. For past be barred.For by Cubaandother . June 17,1998. . June s forestalledany http://wikileaks.org/wiki/CRS-RL30806 have repealedtheCubanLiberty andDemo (Rangel),798 H.R.2662(Paul),andS.400(Baucus)– would H.R. 174 (Serrano), investment disciplines towincong success, without 1998 EU-U.S.understanding oninvestmentdi the Helms/Burton legi efforts tolifttheembargo onCuba.In Legislation. 22, 2001. intellectual property rights di victory.partial a The panelsides ruled claiming that international rules on ofIntellectual Property Aspects Agreement onTrade-Related (TRIPS). settlement panelontheissuein on theissuewereheldin1999withoutre use theHavanaClubnameinUnitedSt New Yorkupheldalowercourt’sruling that federal court.In February 2000, the U.S. increases protectionfortheproperty of 18 label, the embargo islifted. when rights distribution future its protect to wants embargo, it trade because ofthe owner. Although fromrecognizing suchtrademarkswithouttheconsentoforiginal courts U.S. unless theoriginal ownerofthetradem busine that wereusedinconnectionwitha 21, 1998)preventstheUnited from States Division A,titleII,measure (Section211of Clubname.Aprovisi Havana the to HavanaClub rum, to produceandexport but Bacardi Ltd. company, Frenchspirits the between dispute Section 211Tradem persuading Congress toamend the law. thedifficulty of noted 2001U.S.-EUsummit,PresidentBush during theJune into the possibilitiesoflegislation toenact investment inillegally confiscated property inCuba. “EU,U.S.Take Sharply Differe Legislative Initiatives to Repeal orSunset the Helms/Burton An August 6,2001rulingAn pane by WTO the After Another EU challenge of U.S. law regarding Cuba in the WTOinvolves a The Bush Administrationinitially indicat Pernod Ricard’s Pernod Bacardi

Pernod Ricard Severallegislative initia Pernod Ricard began selling rum in the Unite the began sellingin rum slation onMarch21,2003. could beimplemented. jointventureunsuccessfully challenged ark Provision entered intoa jointventuregovernment withthe Cuban d notcover trademarks but ressional supportforawaiver June 2000,maintaining thattheU.S.lawviolates June nt Tacks on Dispute Resolution,” nt Tacks onDispute cannotmarketHavanaClubintheUnitedStates CRS-17 18 addition, H.R. 5616 (Dooley), wouldsunset on intheFY1999 omnibusappropriations tives introducedinthe107 ark has consented. The provision prohibits ark hasconsented.Theprovision The ClintonAdministration had lauded the Court of Appeals for the Second Circuit in Circuit Court ofAppealsfortheSecond apresidentialwaiverfortheprovision, but Americans worldwide anddiscourages worldwide Americans solution, the EU initiated a WTO dispute the EUinitiatedaWTO solution, accepting payment fortrademarklicenses ss or assets in Cuba that wereconfiscated that Cuba in ss orassets ates. Afterformal U.S.-EU consultations P.L. 105-277,signed intolawOctober Bacardi Pernod Ricard cratic Solidarity Act as part ofoverall the joint venture hadnolegal thejoint right to ed that theAdministrationwaslooking sciplines andattempted atthetime,but l wasdescribedas d StatesundertheHavanaClub maintainsright that itholdsthe also ruledthataportion of , andtheBermuda-based of TitleIV sothatthe Inside U.S.Trade th mixed, withboth mixed, Congress –H.R. Bacardi inU.S. , June http://wikileaks.org/wiki/CRS-RL30806 U.S. Trade, Law inTrademark Dispute,” ruling by January 3,2003. 28, 2002,theUnitedStatesagreed thatit would comeintocompliancewiththeWTO Section 211sothat amend to United States on nationaltreatment the appellatepanel ruling was described According as mixed. to it was appealing the ruling. that theWTO trademark holders.In early October2001,theEUformallynotified by courts U.S. accessto denies TRIPS ofthe becauseit violation in is trademarks prohibiting U.S.courts fromrecognizing211(a)(2)) such Cuban the law (Section 20 19 allo not amount tomuchbecausetheydo still new provisionswerepublishedinthe related to thenewly allowe Cuba butauthorizes travel toCuba, from thirdcountries.Thelawreiterate or credit;alltransactionsmu financing commercial private U.S. accessto exporters denies furthermore, law, The guarant orcredit credits, assistance, export and medicine toCuba,although noU.S.g allows forone (P.L. 106-387,TitleIX)that Sa Congress passedtheTrade numerousrestrictions with allowed but Exports Food andMedical However, the appellatepa ofTRIPs acce denied becauseit violation in trademark ownershipcriteria”andoverturne own their by trademarks protect freeto establishing members WTO leave rules U.S. agribusiness companiescontinuedto offered humanitarian assistance to Cuba in the aftermath of the hurricane, Cuba hurricane, ofthe aftermath the in Cuba to assistance offered humanitarian financin U.S. of disapproval because ofits changedCuba its policy ofnotbuying ag imposed by thatnewlaw. to refused it U.S. agricultural exports, 2000,afterpassage ofthenew in November future sales.TheCubangovernment told “U.S.,EUAgree onDeadlineforComp United Representative,States Trade “WTO The WTO appeals panel issued its ruling onJanuary appealspanelissuedits The WTO 2,2002,andagain the Some inthecommunity argued business that the changes inpolicy didnot commercialmedi Under U.S.sanctions, In theaftermathofHurricane Michelle April12,2002. upheld the “U.S.positionthatWT upheld and most-favored-nationtreatme nel alsofoundthatSecti 20 d foodandmedicinesales. Press Release, January 2,2001. Press Release,January

st beconductedincash nctions ReformandExpor under a specific license CRS-18 Federal Register s the existing ban on importing goods from banon s theexisting lying with Section 211 WTO Finding,” lyingFinding,” withSection211WTO ricultural productsfromtheUnitedStates buy any underthefinancing restrictions there groupof U.S.farmerswhotraveled a g restrictions. While the the U.S. government While g restrictions. Issues ReportUpholding overnment assistance,foreign assistance, and licensing requirements.The106th it does not violate WTO rules.OnMarch itdoesnotviolateWTO ees are available to to finance such ees areavailable exports. explore the Cuban market for potential for theCubanmarket explore ss to U.S. courts by courts U.S. ss to trademark holders. the United States Trade States Representative, United the d theearlierruling thatSection211was -year licensesforshipping food export w financing forthesa that struckinearlythat November2001, law, thatalthough itwasinterestedin cal and food exports toCubaare cal andfoodexports on 211 violated WTO on 211violatedWTO provisions Regulations implementing the O intellectualproperty rights onJuly 12,2001. nt, whichcouldrequirethe t EnhancementActof2000 advance orwithfinancing , toc Key AspectsofU.S. les. Nevertheless, onduct bu onduct siness Inside 19 http://wikileaks.org/wiki/CRS-RL30806 USA, andTyson Foods. Supermarkets,PerdueFarm Kist, Marsh American RiceInc.,Corporation, Cargill Daniel Midland, whichhassoldabout$42 products fromU.S.companiessincela agricultural products,including grains, eggs States. agreed topurchaseadditi government from more than 30 states,from more than the 30 District ofColumbia, and Puerto Rico. was heldExhibition inHavana featur CubaNews, Country Report, Economist Intelligence Unit, November 1,2002. Credit,” exports toCuba. exports reportedly yielded almost legislationin inthe 106 sales such Cuba purchasedfoodsuppliesdirectly fro shipments of goods arrived inmid-Decem goods shipments of import productssuchaswheat,corn,so result, Cubaa negotiated As withseveral U.S.agricultural States. companies to declined, saying thatinsteaditwanted 24 23 22 21 argue further that sanctions easing U.S. licensed morethan$4.3billion inpr has Department, sincetheCubanDemocracy State the to according Moreover, Michelle. ofHurricane aftermath the in sales recent maintain that U.S.policy does notdeny such sales toCuba, as evidenced by the indicatedthatthevisa Powell State Departmentpolicy was ByronCommittee onApril30,2002,Senator Do Department’s action.In asubsequent concern by that future agricultural thejeopardized State salesbe toCuba could buyingimport the headofCuba’s agency officials who were planning tovisitthe Alvarez wasnotnecessa Alvarez of visit the that indicated but place taking were sales agricultural Cuban that pleased United States government.” Secretary Powell maintained that the Administration was a previousvisit,“agood partofhistime Larry Luxner,“U.S.FoodExpor FederalNews Service, April 30,2002. “Foreign and Payments: Trade CubaImpor Nancy SanMartin,“U.S.Offi Overall, press reports indicatethat Overall, pressreports Opponents of further easing restrictions Opponents offurther InDepartment March2002, theState Miami Herald June 2002. June 23 , September 29,2002,p.F1. ry forsuchsales. 21 $100 million in additional contracts for U.S. agricultural U.S. for $100 millioninadditionalcontracts In late September 2002, cial Dampens Trade-Show Ent for Alvarez should never ha should forAlvarez discouraging foodsalestoC ts to Cuba on the Rise asFarmersthe PressureLawmakers,”ts toCubaon CRS-19 ing 288exhibitors th onal agricultural productsfromthe United topurchasefoodsuppliesfromtheUnited United States. This ivate humanitariandonations.Opponentsof easing pressure on the Cubangovernment the easing pressureon was spentlobbying against thepolicy ofthe Congress. In March2002,theCuban Cubahaspurchasedover$100millionin hearing beforethe te 2001. The companies includeArcher te 2001.The Act wasenactedin1992,the United States s, RadloFoods, RicelandFoods, Soufflet 24 Cherokee Trading, ConAgra Foods, Gold m the United States sincetheapprovalof ts MoreFoodfrom theUnitedStates,” Cuba ber 2001.Thismarkedthefirsttimethat million inagricultural productstoCuba, ybeans, Thefirst rice,andchicken. , frozen chicken,corn,apples,andother , frozen Alimport. Several on food and medical exports toCuba onfoodandmedicalexports revoked thevisasof rgan expressed concernthatthe rgan expressed a U.S. Food &a U.S. Agribusiness husiasm withTalks ofCuban marketing ve beenissuedbecauseon included PedroAlvarez, uba. Secretary of State uba. Secretaryof Senate Appropriations Senators expressed 22 severalCuban 1,000 pr The trade fair Thetrade oducts http://wikileaks.org/wiki/CRS-RL30806 include privatefinancing. Foreign (OFAC) AssetsControl of Office Treasury the prevent beto would Department’s amendment ofthis effect practical agriculturalof commodities ormedicines toCuba. Some observersthat suggest funds in thebillcanbeusedtoimpleme Representative Moran (Kansas),H.Amdt. Hous the appropriations bill,H.R.5120, 106-387, TitleIX, Section 908(b)). set forthintheTradeSanctionsReform Cuba. Severalfocuse on easing re focused inwholeorpart egregious rejection ofthe global coalition’s efforts against terrorism.” restrictions becauseof“Cuba’s filed May 1,2002). The Bush Administrati ultimately intheconf included wasnot haveliftedsuchfi amendment) would passed February 13,2002,afterincorpora July 26,2002. of theHouse-Senate Farm “The Bill conference,USDA Secretarystated: Ann Veneman 5, 2001; In addition, in a March 13,2002lettertoRepresentative Larry Combest, chairman S. 1731–Agriculture,on Conservation, and close to the United States. United the to close Cuba believethatU.S.farmersaremi companies thatsupporttheremovaloftrad failed economicpolic playsCastro’s handsbyinto allowing him actually beensenttoCuba. Some supporters humanitarian donationstoCubasince that although theU.S.government the 107 appropriationsmeasur Treasury Department actionontheFY2003 of committee,didnotincludeasimilarprovision.Final the restrictionsharm health and nutr policies. easing ofpressureonCubath They maintain that theUnitedStatesshoul would ineffectbelending support and exte 26 25 “House Approves Limits onTreasury Enforcement ofCubaEmbargo,” White House, Office of ManagementB of and WhiteHouse,Office In July 23, 2002 consideration of In July 23,2002consideration The Senate version of the 2002“Far the of The Senateversion Legislative Initiatives in the 107 Supporters of easing restrictionsonfood th Congress. ies and as arationaleforpoliti d on lifting private financingd onliftingprivaterestrictions foragricultural sales 25 TheSenateversionofth at could prolong the Castro could prolong the at denialofbasic civil rights aswellits to itscitizens mayb havelicensedmorethan$4.3 ssing outonamarketofsome$700millionso CRS-20 and Export EnhancementActof 2000 andExport (P.L. nt any sanctiononpriv erence reportonthebill(H.Rept.107-424, ition oftheCubanpopulation.They argue 1992, in fact much smaller amounts have amounts 1992, infactmuchsmaller strictions on food and medical exports to strictions onfoodandmedicalexports Rural Enhancement Act of2001,”December nancing restrictions,buttheprovision d remainsteadfastinitsoppositionto any udget. “Statement ofAdministration Policy 554, by voicevote,thatprovides that no on strongly opposeslifting thefinancing to useU.S.policyhis for scapegoat asa from ensuring thatsalestoCubado not e approvedanamendmentofferedby nding the duration of the Castro regime. Castro the nding thedurationof of easing sanctionsbelievetheembargo m Bill,” H.R.2646(whichtheSenate e restrictions on agricultural exports to onagricultural exports restrictions e theFY2003 Treasury Department th e wasnotcompletedbeforetheendof ting thelanguage ofS.1731asan and medical exports toCuba argueand medicalexports that Congress. cal repression.U.S. agribusiness e bill, S. 2740, as reported out reported e bill,S.2740,as regime anditsrepressive Numerous initiatives Numerous ate commercialsales Inside U.S.Trade 26 (continued...) The Senate The illion in , http://wikileaks.org/wiki/CRS-RL30806 Humanitarian TradeActof2001,introdu Identical1017. Cuban (Rangel),S. the billsS.402(Baucus) andH.R.797 on hearing Subcommittee on Western Hemisphere,PeaceCo Western on Subcommittee 19,2002,theSe OnJune medicines. to on foodandmedicalexports Cuba and a 12, 2001,would,among June introduced of 2001, financing ofagricultu introduced January 3,would– 2001 also have lifted the restrictions on private 239(Hagel),2001, S. in legislation. because hemaintainedthatsomecospons Bill. SenatorDorgan subsequently identical totheprovisionthathadbeenin ofagricultural sales toCuba. The amendmentpermitted private was financing H.R. 3009),SenatorDorgan offered an promotion authority”legislation (TPA) forincarceration. States fugitivesconvicted felonswhoareliving as thea lifting presidential ofprivate certification financingon that restrictions all when S.Amdt.2596wastabled.TheTorri terrorism. Asecondary amendmentoffere Cuba onapresidentialcertificationthat conditioned the lifting ofrest offered by Senator 33) anamendment persons ofsalesagricultural commodities toCuba.” of and medicines toCuba. Weoppose repeal Administration strongly toanyregulatingexistinglawsale offood changes objects in the and Economic Council,April 22,2002- April 28,2002. AM, Journal’s CongressDaily appropriations bill. Senators reportedly areinte the conferencereport(H.Rept.107-424)did the confereesonH.R.2646toaccept Se nonbinding motionofferedbya (273-143) Repr versionH.R. of million annually butwouldnotcommitU.S.g would permit U.S. exporters togainwould permitU.S.exporters report toS.1731(S.Rept.107-117)notedthat 27 26 (...continued) “Agriculture: Harkin Hopes toBring S. 1017 (Dodd) and H.R. 2138 (Serrano), th (Serrano), 2138 S. 1017(Dodd)andH.R. Several otherlegislative In additional acti During consideration 1731onD of S. 2646 di 27

ral sales toCuba. on, during May d notcontain the financing provision, the House approved troduced February 1,2001,and H.R. 173(Serrano), rested in adding the provision to the FY2003 agricultureFY2003rested inadding theprovisionto April30,2002;“Economic Eye onCuba,”U.S.-Cuba Trade initiatives –S.171(Dorgan),initiatives introducedJanuary 24, rictions onprivatefinancin withdrewtheamendmentonMay 21,2002, CRS-21 Farm Bill to Senate Floor Thursday,”Farm Bill toSenate access to a potential market of about$400 access toapotentialmarket Bob Smith,S.Amdt.2596,that wouldhave amendment, S.Amdt.3439,thatwouldhave ced February 27 and28,2001, respectively, (manager’s amendment, S.Amdt.3401,to 17, 2002Senate consideration of “trade d by SenatorTorricelli, S.Amdt. 2597, fell cluded in the Senatetheof version Farm celli amendmentwoul llow for the importation of certain Cuban certain of llow fortheimportation ecember 18,2001,the Senate tabled (61- ors did not want to jeopardize theTPA want tojeopardize ors didnot in Cuba havebeenreturnedtotheUnited in not includetheSenate provision. Several prohibition on private financing by U.S.prohibition nate provision.DespitetheHousevote, nate Foreign Re lifting theprivatefinancing restrictions overnment funds. Although the House is not a state sponsorofinternational a not is esentative Calvin Dooley toinstruct e Bridges totheCubanPeopleAct otherprovisions,easerestrictions rps, andNarcotic g of agriculturalof g sales to lations Committee’s d haveconditioned s Affairshelda National http://wikileaks.org/wiki/CRS-RL30806 that he decided not to becausehedidnot wa Dorgan notedthathe hadintende Senator include any provisionregarding U.S.restricti a similaramendmentintheFY2001 Treasur was approvedbyamendment avoteof240 bythe Treasury Department’sOfficeof with respecttoany travelortravel-rela the prohibit funding toadminister would Representative Flake (which amended H.Amdt. 240 offeredby RepresentativeSmith) Treasury Departmentregulati b Appropriations FY2002 Treasury session, onJuly Limits onAmerican Citizens’ Travel Abroad Legislative Initiatives, medicines, medicalsupplies,in would make an exception tothe embargo ofagricultural forthe export commodities, 28 the Presidentshouldbefreetorestri humanitarian purposesthatareusedbyt for Cuba to travel allowing arelegal provisions there that receipts; tourist would supportCastro’sruleby providing trav Cuba argumentsthe inoppositiontolifting countries withcommunist travel toother can Americans and ofordinary rights abridges the it Americans; of information; influence conditionsinCubaandmay beai 5 years, from1977until1982,therewe past 40 years. Over time there have been numerous changes tothe restrictions and for in U.S.efforts toisolate the communist governmentthe ofFidelof Castro formuch Travel Restrictions transactions, andtraveltoCuba:H.R. the Free Trade with Cuba Act, introdu the Free TradewithCubaAct, introduced January 3,2001;identicalbillsS.400(Baucus) andH.R. 798 (Rangel), Agriculture ProductsfromU.S.Economic Cuba. to assistance and H.R.2662(Paul),abillthatwouldal Formore details,seeCRSReportRL31139, The Senate version of Legislative Actions andInitiatives in the 107 Major arguments made forlifting the Cuba Restrictions ontravelto Finally, several broad billswouldhave lifted all sanctions ontrade, financial For additionalinformation,seeCRSIssueIB10061, Brief 25, 2001,the House approved an amendment toH.R. 2590,the and CRSReportRS21003, 28 H.R.2590, as Cuba havebeenakey and ons restricting travel to Cuba.H.Amdt.241,offered by ill, that wouldprohibitspending foradministering ct travelforforeign policy reasons. CRS-22 174(Serrano),theC ted transaction.TheCACRareadministered ced February 27and28,2001,respectively; re norestrictionsontravel. Cuban AssetsContro struments, andmedicalequipment. housands ofAmericanseach year; and that . his government with millionsofdollarsin d toofferanamendmentontheissue,but Sanctions:StatusandImplementation. to 186, compared to a vote of 232-186 for to 186,comparedavoteof232-186 so prohibitany federalfundstoprovide approved September 19,2001,didnot ding Castroby helping restrict the flow orauthoritariangovernments. Major Foreign Assets Control.The Flake y Departmentappr nt toslowpassage ofthebill.Healso ons on travel to Cuba.In floordebate, Cuba: U.S.RestrictionsonTravel and Cuba: el banarethatAmer Travel Restrictions:Government U.S. travelbanare:ithindersefforts to often contentiouscomponent th uban Reconciliation Act, uban Reconciliation Congress. l Regulations (CACR) Exempting Foodand opriations bill. ican touristtravel In thefirst http://wikileaks.org/wiki/CRS-RL30806 (S.Rept. 107-212), includedaprovision,in (S.Rept. 2740, as re Terrorism” and“Cuba weapons andterrorism.(For furtherinfo President certified to Congress that certain conditions were met regarding biological restricting travel toCuba ortravel-rela provided thatany limitationontheuse of f 551),rej (H.Amdt. A Gossamendment administer,overall orenforcethe economic anyprevented fundsinth would have amendment (H.A Rangel amendments. A July 26, 2002. 107 (H.Rept. 107-253). ultimately Congress did not include the provisioninthe conference report tothe bill indicated hissupportfortheHouseprovi 29 restrictions. travel on enforcing the Treasury Departmentappropr years future in place potentiallytake embargo whenthe could regulations relevant the restricting travelwouldre effect ofthisamendmentwould be limite Treasury Department outside witnesses. General Governmentheld 2002, theSenateAppropr vowed as one ofitsgoals toworkfora liftin licenses for travel toCuba.Someobservers general orspecific of issuance the prevent not would amendment TheFlake Cuba. to to administer orenforceTreasury the Departmentregulations withrespect totravel (H.Amdt. 552), by a voteof262-167,thatw TheHouse Flake. Jeff Representative sanctions amendments, including oneonthe legislation. such veto stated Bush would that President Housealso TheWhite Cuba). to exports (oraweakening ofrestrictions Cuba to that the President veto legislation that includes a loosening ofrestrictions ontravel Colin Powell and Secretary ofthe Treasur “HouseApproves Limits onTreasury th Congress. AbipartisanHouseC The Senate version oftheTreasuryThe Senateversion De 5120, During H.R. consideration of The Cubatravelissuerecei The travel issue waspartofthede The travelissue In July 23,2002flooractiononH.R.5120,theHouseapprovedthreeCuba ported by the Senate Committee onAppropriations onJuly 17,2002 appropriations bill (H.R. 5120 and 5120 appropriations bill(H.R. main unchanged; main enforcement Biological Weapons?”.) iations Committee’sSubcommitteeonTreasury and a hearing on the issue, featuring Administration and Administration featuring issue, a hearing onthe iations measure did not include the funding limitations did notincludethefunding measure iations ved furtherconsideration in 29 Enforcement of Cuba Embargo,”

CRS-23 ted transactionswouldonly apply afterthe uba working group of40Representatives d since the underlying embargo regulations rmation, see sectionsbelowon“Cubaand y Paul O’Neill said they wouldrecommend ected by avoteof182-247,wouldhave bate during consider on privatefinancing agricultural forU.S. sion when it came up in conference, but sion whenitcameupinconference, approved the Flake travel amendment approved theFlake travel mdt. 555),rejectedby avoteof204-226, e billfrombeing usedtoimplement, unds to administer or enforce regulations unds toadministerorenforce ould providethatnofunds could be used embargo ofCuba,whichincludestravel. g of travelrestrictions.OnFebruaryg 11, haveraisedthequestionof whether the Section 516, thatwassimilar,although easing oftravelrestrictionsofferedby the HousealsorejectedtwoCuba partment appropria S. 2740).Secretary ofState action against violationsof the secondsessionof ation oftheFY2003 tions measure,S. Inside U.S.Trade , http://wikileaks.org/wiki/CRS-RL30806 Cuba, butaction was nottaken onthese bills: introduced inthe 107 Treasurybe enforcethe used to Department not identical,totheFlake amendmentdescri was not placed on the listofmajordrug tr on was notplaced DepartmentAccordingthe ofState to at thelist. time,the “Cuba to not toadd Cuba annual listofmajordrug United States. In 1999,someMembersofC been used by traffickers totransport illicit inthe drugs forultimate destinations the 107 not completedbeforetheendof regarding license applicati and Expenses” may be used by OFAC, until OFAC has certain procedures inplace stipulated thatnoTreasury Departmentf ascurrentlyCuba allowed. to for travel Control, which administers the sanctions, fromissuing general and specific licenses transactions,butwouldnot travel-related Drug Interdiction Cooperation Interdiction Drug Because ofCuba’sgeographic location, Final actionontheFY2003 Treasury Depa ! ! ! ! Medicine AccessActof2001, introduced January 24,2001; and S.239(Hagel), theCubaFood and introduced February 27and28,2001, TradeActof2001, H.R. 797(Rangel), theCubanHumanitarian IX, Section910).Theseincludeiden Enhancemen Reform andExport 106 restrictions imposedinthe bills,among other provisions,wouldrepeal the travelSeveral permanent resident ontrav provisions, easerestrictions of 2001,introducedJ Act People S. 1017(Dodd)andH.R.2138(Serra Act, introducedFebruary Cuba with S. 400(Baucus) andH.R.798(Rangel), theFree Trade introducedJa Reconciliation Act, toCuba travel transactions, and ontrade, financial sanctions Several broad billswouldliftall restrictions ontraveltoCuba. H.R. 5022(Flake), th Congress would have easedU.S.restrictionsontravelto have would Congress transit countries,buttheClinton Administration decided ons fortraveltoCuba. aliens toCuba. introduced J 27 and28,2001,respectively. CRS-24 introduced February 1,2001. th In addition,Section Congress by theTradeSanctions other une 12,2001,would,among : H.R.174(Serrano),theCuban t Act of 2000(P.L.Act Title t 106-387, unds for “Departmental Offices,Salaries, unds for“Departmental

nuary 3,2001,andidenticalbills th ansit countriesbecausethere isnoclear Congress. Numerous other initiatives prevent the Office ofForeign Assets Office the prevent bed above.It provide une 26,2002,would lift all regulations withrespect toany travel or ongress wanted Cubato ongress el by U.S.nationalsorlawful tical billsS.402(Baucus) and the country’sairspace have watersand respectively; S. 171(Dorgan), no), theBridges totheCuban rtment appropriationsmeasurewas 124 oftheSenatebill s that nofundsmay beaddedtothe http://wikileaks.org/wiki/CRS-RL30806 Drug Enforcement Administration head As trafficker, RafaelBustamante, whoes charges, andinearly March2002, Cuba deported tothe United States Jame Jesse March 17,2002. Drug Trafficker Arrested in ourCountry,” and migration issues.See:“Statement from the StateDepartment inWashi in Washington delivered threediplomatic notes Cuban officialsmetinHava Coopera States. in thecaseUnited case basis dating back tothe1970s.In drug abuse,drug traffick in quantities that significantly affect the United States.” evidence that cocaine orheroin are transiting Cuba on the way tothe United States 31 30 withtheUnitedStates. agreement drug cooperation coordination betweentheU.S.and Narc State Department’sInternational the U.S.Intereststo Septem Sectionin posted was official Guard Havana.TheCoast in Interests U.S. Section the at officer Guard Coast ofaU.S. stationing asthe aswell Guard Coast U.S. Guard andthe Border Cuban the between link anupgrading accepted Cuba communications of the cooperated fullyinve the in over a Honduran-flag ship.Cubaturned of6.6t United Statesintheseizure Cuba hostedaregional counter Britain andFrance havepr ofState. Department the according to 12others, with arrangements formal less for counternarcoticspersonnel, problem, including legislation tostiffen penalties fortraffickers, increased training use. TheCubangovernment hastakenanum fordrug andairspace waters use oftheir Cuba willbekept“underobser not carry significantquantities ofcocaine orheroin tothe United States butnoted that indi He Republic).” (Haiti andtheDominican Hispaniola to previouslyhas shifted that traffic airspace air crossedCuban suspect drug-producing ordrug-transit countries,“for drug efforts.Cubahasb StateDepartment, Daily Pr OnMarch12,2002,Cuba’s Ministry of Foreig The United States has coope has The UnitedStates Cuba hascalledforevenmorecoopera Over thepastseveral years, Cuban offi to PresidentBush,According inhis ilateral counternarco ing, andmoney laundering. ess Briefing, November 10,1999. stigation andsubsequentpr ovided counternarcoticstrai ngton proposing agreements ondrug interdiction,terrorism, na todiscuss ways of imp narcotics conferencefocusing vation for anyfor vation changes tothecurrenttransitpatterns.” and cooperation witha rated withCubaonanti-drug effortson a case-by- ons ofcocaineaboardtheMiami-bound Cuban governments hasincreased. CRS-25 ber 2000,andsincethattime,according tothe caped from jail in Alabama in1992.While Alabama caped fromjailin 1996, Cubanauthorities c tion hasincreasedsince1999 when U.S. and otics ControlStrategy Reportfor2001, November 1,2001deter Information Office,CubanInterests Section, transit as well as increased domestic drug domestic asincreased aswell transit the Ministry of Foreign Affairs:Prominent the MinistryForeign of s Bell, a U.S. fugitive wantedondrug s Bell, aU.S.fugitive a Hutchison expressed appreciationfor a Hutchisonexpressed to the U.S. Interests Section inHavana and arrested aconvictedColombiandrug cials concernsoverthe have expressed the cocainetoUnitedStatesand tion andhasaskedforabilateralanti- n Affairs and the Cuban InterestsSection Cuban n Affairsandthe tics agreements with29 countries and ber of measures to deal withthedrug deal to ber ofmeasures cated that thetraffi cated the last several years, much of the thelastseveralyears, muchof roving anti-drug cooperation. 31 osecution oftwodefendants number ofcountriesonanti- 30 In January 2002, Cuba ning.2001, In November on strategies toprevent ooperated withthe mination ofmajor c thatoccursdoes Limerick , http://wikileaks.org/wiki/CRS-RL30806 effort asaploy tosway publicopinion trafficking andviewCuba’s and otherentitiestoestablis assistance shouldbemadeavailableforpre Narcoticsprovided Controland that Law $3millioninInternational Enforcement counternarcotics coopera H.R. 5410andS.2779,haddivergent versionsoftheFY2003 Senate House and position. SomeMembershave that thelevelofcooperati the current level of case-by-casecoopera justice whohavebeenprovidedsafe example, Boucher maintained that “there are stilldozens offugitives fromU.S. heindicatedthatCubahasnotdem but President certified 1) that Cuba does not doesnot Cuba 1)that certified President government oncounter-narcotic wemight then issues, enforcement on law us demonstrate“werea willingnessCubato if said toworkacross that the board with provision. the Cubadrug cooperation, of Cuba indrug trafficking. The House version ofthe bill,however, didnotinclude is no evid interdiction andthat(2)there drug with against lossofinnocent life intheairandonground inconnection protect proceduresto hasin appropriate place (1)Cuba that certification presidential Cuba government oncounte of Stateandotheragencies that wouldhavemadeava Foreign OperationsAppropriations b the 107 action ontheForeignFinal Operationsmeas Law may Enforcement” for government. available assistance bemade Cuban to the provided thatnoneof the f the Cubangovernment indrug trafficking. with theinterdictionofillega on theground inconnection and air the in protect against thelossofinnocentlife 19, 2002. Sentinel Cuba’s actions,heindicated 34 33 32 not through a bilateral agreement. Vanessa Bauza, “Cuba’s Cooperation Seen as a Trojan Horse,” Bauza, Vanessa “Cuba’sCooperationSeenasaTrojan U.S.Department ofSt Cuba Thanks Anthony Boadle,“U.S. In107 the firstsession ofthe Legislative Initiatives. th , March31,2002, p.1F. Congress. ate, StateDepartment Re tion with the United States. tion withtheUnitedStates. ilable $1.5millionforpreliminar unds appropriatedfor“Interna on willincreasesignificantly given theAdministration’s “to establishcooperationwith thatcooperationwouldcontinueonacase-by-case basis, and theconferencereportwa r-narcotics matters.” The h cooperation with with h cooperation proposal asagood-will gesture, whileothersview the l drugs and 2) that there is evidence of involvement of l drugs and2)thatthereisevidenceof In the second session of the 107 In thesecondsessionof calledforgreater coope s matters.Themoney would 32 StateDepartments th havenby theCubangovernment.” , ButDeclinesAnti-drug Accord,” Congress, theSenateversionofFY2002 CRS-26 ill, H.R. 2506,hadaprovision(Section580) ill, H.R. and influenceviewsintheU.S.Congress. onstrated that kind of commitment. As an As onstrated thatkindofcommitment. ence oftheinvolvementgovernment tion will probably continue, itisunlikely In contrast,Section581oftheHousebill liminary work by theDepartmentof State have in place appropriate proceduresto appropriate place have in Foreign Operations ure wasnotcompletedbeforetheendof consider some more formal structure,” formal more some consider gular Briefing, March19,2002. provisions related to Cubaand to provisions related appropriate agencies oftheCuban Section 585oftheSenate bill money wasconditionedona tional Narcotics Controland pokesman RichardBoucher appropriate agencies ofthe ration with Cubaondrug ration with s filed without the Senate the s filedwithout y workfortheDepartment not be available if the if not beavailable Fort Lauderdale Sun appropriations bill, th Congress, both Reuters, 33 Although March 34 http://wikileaks.org/wiki/CRS-RL30806 fugitives inCuba. eliminated the presidential certification prisoners regardingpolitical and U.S. amended bywas amendment H.Amdt.241o piracy, narcotics trafficking, ormurd all personsresiding inCuba government has released all political prisoners and has returned tothe United States restrictions ontravel toCuba once the President certified to Congress that the Cuban H.Amdt. 240, that wouldhaveprohibitedfunds Department appropriations Smithoffered bill,Representative an amendment, Chesimard and all other U.S.fugitives fromjustice. to thatthegovernment extradite exists, thea determination condition for that a democratically elected government inCuba Cuban Liberty andDemocra increased cooperationbetweenthetwoc National Drug ControlPolicy tonegotiate government withCuban officials for Ties ReturnofFelons toAnti-TerrorTies Effort,” (H.R. 1124)early inthe107 2002. of drugs toorfromCuba.H.R.2506wa to Congress, notlaterthan9months,any information. Theconferencereportalsoen exchanging agencies is drug-relatedgovernment enforcement with U.S. law ofCuba decrease the flowofdrugs transiting thr that U.S. international narcotics assist that U.S.international narcotics involvement ofthegovernment a report by the Secretary of State within 6m within Secretaryby report ofState the a 35 of OrlandoBosch,aMiamiresidentaccuse mutual offugitives; extradition forexample, Cuba wouldlike to see the extradition the 1970s.Cubareportedly wouldbeinte in1971;VictorManue Mexico Charles HillandMichaelFinney, wanted who wasconvictedforthekillin Chesimard, Justice From Fugitives Cuba andU.S. militant group, whowasconvicted Connecticut in carrying for outtherobbery group, Fargo wanted ofaWells armoredcarin Mary “Cuba: Fugitives Jordan, Sought by U.S. Find aProtector inCuba; Administration During July 25, 2001 consideration of H.R. 2590,theFY2002During Treasury July 25,2001consideration Inforeign additiontoprovisionsin Nevertheless, theconfer In the107 Cuba, includingA number ofU.S.fugitivesin Joanne are fromjustice th 1983; and1983; Guillermo Congress, legislation was introduced, H.R. 2292,to amend the who are wanted in the United States for crimes ofair forcrimes States United the in whoarewanted tic Solidarity Actof1996(P th ence report to H.R. 2506 (H.Rept. 107-345) called for ence reporttoH.R.2506(H.Rept.107-345)called Congress to authorize the Director of the Office of Office ofthe Director the authorize Congress to l Gerena,member ofamilitant of Cubainillegal drug tr ofillegal possession of fi CRS-27 Morales, another member of a Puerto Rican er. Before it was approved,however, the s signed into,P.L. 107-115, on January 10, ough Cuba; and 3)the degree the towhich theUnitedStatesconvictedfelonJoanne operations measures,abillwas introduced ance tothegovernment ofCubawould ountries ondrug interdictionefforts. legislation necessary flow legislation decrease the to Washington Post for the killing of a state trooper innew state a for thekilling of onths on 1) ifanythe extent, ofthedirect d of bombing a Cuban airliner in 1976. d ofbombing aCubanairlinerin couraged the Administrationtotransmit couraged g ofaNewJersey statetrooperin1973; rested inconsidering negotiation ofa ffered by RepresentativeFlake, which inthebillfrom being used to enforce afficking; 2)thelikelihood .L. 104-114) torequire, as , September 2,2002. PuertoRicanseparatist rearms inNewYork 35 http://wikileaks.org/wiki/CRS-RL30806 on Earth.” was using the attack as an excuse toestablish “unrestricted tyranny over all people U.S. response totheU.S.attacksas“fasci to press reports,whichquoteCuba’smission Cuba andTerrorism govern Cuban noted above,the 37 36 for years. were in part aconsequenceoftheUnited attacks the that stated also Castro Fidel andPentagon attacks, TradeCenter World terrorism. str on terrorismin2001,ithasalsoissued 12 U.N.counterterrorismconven all signed Castro has vacillated overterrorism.” the war The on report noted that while Cuba above).ItFugitives fromJustice” also noted that numerous(see U.S.fugitivesCuba “Cuba andin resided fromjustice U.S. training totheFARCexplosives hadbeenba (IRA) arrested Army members Republican Colombian governmentThe andtheELN.) Liberation ArmyNational (ELN). the between ofpeacetalks site hasbeen the (Cuba insurgent groups,Armed theRevolutionary provided “somedegree ofsa that Cubaprovidessa legitimatea as terrorcontinuesview revolutionary “to tactic.” The report maintained State Department’sMay 21,2002 economic decline. in the lossbillions inof a policythe of wasinlarge partbecause country’s supportforinsurgents abroadwas governments in Latin AmericaandAfrica, CubahashadahistoryCommunist of in1982foritscomplicityterrorism withtheM-19insurgent group inColombia. 1992. convicted drug trafficker,RafaelBustam on childabusecharges. In addition,in December 2001 theCubangovernment also 2002.Accord the UnitedStatesinJanuary 2001. Kevin Sullivan, “Castro WarnsAbout U.S. Military Plans,” AndrewCawthorne,“C Cuba hasrecently deportedtwofugitives Although Cuba offered support to the Un the Although Cubaofferedsupportto Cuba remains onthe Statetoday. Department’slist terrorism According tothe Cuba wasaddedtotheStat 36 37 Cuba’ssubsequentstatements Castro himself said that the U.S.government was runby “extremists” fehaven to atleast20Basque uba’s Castro UrgesU.S.to Keep nnual subsidiestoCuba,and fehaven andsupport”tome ment deportedU.S.drug e Department’s listofstat e Patterns ofGlobalTerrorism Patterns CRS-28 breakup of the Soviet Union,which breakup oftheSoviet resulted supporting revolutionaryand movements ante, who escaped fromjailinAlabama ante, who early March 2002, Cuba also arrested a early March2002,Cubaalso asserted that “sinceSeptember11,Fidel that asserted st andterrorist”thatthe United States States having applie became increasingly hostile,according to ong rhetoricagainst theU.S.-ledwaron tions andtheIbero-American declaration deported William Jo deportedWilliam in Colombiaonsuspicionofproviding sed in Cuba for 5years.Cuba sed in Thereportalso but in 1992 Fidel Castro said that his but in1992Fidel Castrosaidthat a thing ofthepast.Cuba’schange in ing totheU.S.StateDepartment,in Forces ofColombia(FARC) andthe theUnitedNationsasdescribing the fromjusticetotheUnitedStates.As report notedthatoneofthreeIrish report ited Statesintheaftermathof ETA terrorists from Spain andhas ETA terroristsfromSpain Calm,” Reuters,September 11, fugitive Jesse James Bellfugitive James to Jesse es sponsoring international Washington Post mbers oftwoColombian led tosubstantialCuban d “terrorist methods” seph Harris, wanted report,Castro (continued...) , September http://wikileaks.org/wiki/CRS-RL30806 23, 2001,p.A38. December 31,2002. innocent people.” and “hawks”whoseresponsetotheatt and 40 39 38 37 certification thatCubawasnotastat onprivatefinancing ofagri restrictions 2596, defeated anamendment,S.Amdt. 1976, a C governmentstrongly denied the allegations that ithas tried tomisleadinvestigators. and resourcesfromanti-terroristefforts government of Cuban accusedthe against Fisk distracting U.S. attention terrorism. threat the defeat to efforts U.S. ofimpeding accused Cuba Fisk, Daniel of State return himtothe base. escapeintoCubanterritory would prisoner unlikely a the in that event that, noted Castro Raul DefenseMinister Afghanistan. opposedth presence asillegal,not it has as to theU.S.presenceatGuantanamo countries werebeing heldatGuantana homeland. AsoflateNovember2002,a 1995, thebasewasusedtohousethousands terminated by mutualagreement orby and undera1934treaty thatremainsin Guantanamo naval baseat decision tosend captured Taliban and AlQaeda fightersthe fromAfghanistan U.S. to Salvadorans were convicted which an Italian businessman others was injured. killed Two and several Varaderobeachareain the Havanaandin in sector tourist the targeted bombings known asComandoF-4 claimed responsibility. 1996) reportedly wasshotand wounded in American group Brothers totheRescue PabloRoque, a December 19,2002,Juan Cuban January 2002.Cuban officials maintain th prison terms to ranging weresentenced Guatemalans 10-15yearsand three from in (...continued) Elaine De Valle, “Anti-CastroDe Valle, Elaine Group OverEscap “CubaWouldHand Ibid. During December 18, 2001 considerationof itself hasbeenthetarget ofvarious Cuba On September17,2002,aStateDepartment The Cuban government, however, hadamu uban plane was bombed, killing 73pe 38 39

Bay,Guantanamo hasbeenU.S.basesince1903, Cuba. and sentencedtodeathforthebombings inMarch1999, ees, RaulCastroSays,” e sponsorofinternationalterrorism. Claims Shooting ofSpy inCuba,” CRS-29 mo. Although the Cuban governmentAlthough objects mo. abandonment by theUnitedStates. In 1994- ack couldresultinan“infiniteki a national securitynational a threatandopposesthe e newmissionofhousing detainees from (whose plane was shot downbyshot Cubain was (whose plane cultural sales toCuba ona presidential Havana; ananti-Cast at Cuban exiles fundedthebombings. On at Cubanexiles that wouldhaveconditionedalifting of lmost 600 detainees from morethan30 lmost 600detainees by upfalseleads.TheCuban setting , Cubawouldcapturetheprisonerand force, the U.S. presence can only be force, theU.S.presence of Cubans and Haitiansfleeing their Cubans of terrorist incidents over the years.In terroristincidentsoverthe 40 official, Deputy AssistantSecretary ch more muted reaction tothe U.S. theFarmBill, S.1731,theSenate spyCuban thathadinfiltratedthe ople. In 1997 Miami Herald ro paramilitary group , January 20,2002. , January almostdozen a Miami Herald lling of , http://wikileaks.org/wiki/CRS-RL30806 Bowman. anything withothercountriesthat tr officials whohadbriefedhimbeforethe criticized the Bush Administration over the allegationsthat Administrationsaid and States toease the embargo. During his trip to Cuba, former President Jimmy Carter justifyto its hard-line policies justwhen the momentum isincreasingUnited the in called the allegations a lie and maintainedwas tryingAdministrationBush that the May 21,2002,didnotmentiontheissue Bolton. TheStateDepartment’sannual ofUnderSecretary that ascontradicting statement Powell’s of Congress, view test facilities,pr aprogramFord characterized as somethin weaponseffo that Cubahasabiological maintained and and“program,” “effort” term the between Forddistinguished Carl 5, 2002. ahearing onthe held issue Affairs andNarcotics on Corps, June Peace Hemisphere, Fact orFiction? 107 Hemisphere, Weapons: PeaceCorpsandNarcotics Affairs. Cuba’sPursuitofBiological Data,” May 14,2002,p.3. On May 6, 2002, Under Secretary of State On MayState 6,2002,UnderSecretary of Weapons? Cuba andBiological 44 43 42 41 claimed thatCubahadsuch weapons. research onbiological w the UnitedStatesbelieves Secretary Bolton’s statementwasnotbase before the Senate Committee onForeign Relations. statement by Secretary Assistant ofState forIntelligence and Research Carl Ford statement receivedconsider Wea obligations undertheBiological cooperationwithrogueall BW-applicable stat provided dual-usetechnologyrogue toother warfare research-and-developmentlimited offensive biological effort” and “has Security BoltonJohn statedthat“theUnited an advancedbiotechnology sector,isinvol David Gonzalez, “CarterandPowe For background, seeCRSReportRL31059, U.S. Congress. Senate Committee Subcommittee onForeign Relations. on Western U.S. Had No KevinTold ProofCuba Sullivan, SharedBioweaponsWas SaysHe “Carter Inresponse to Under Secretary Bolton’s statement, the Cuban government The Senate Foreign Relations Committee’s Subcommittee onWestern When questioned on the issue, Secretary issue, onthe Under questioned that When of maintained Powell State controversy is recent hasarisen A that Washington Post 44 At the hearing,the At Assistant Secretary ofState forIntelligenceResearch and oduction facilities, and a unit w oduction facilities,andaunit th Congress, June 5,2002. S.Hrg. Congress, 107-736. June , May 14,2002,p.14. eapons but emphasized that the Administration hadnot thattheAdministration eapons butemphasized able mediaattention,it wa Cuba hasthecapacity and could beusedforterroristpurposes. ll Cast Doubt on Bioarms in Cuba,” Bioarmsin ll CastDoubton CRS-30 42 Someobservers,including some Members Patterns ofGlobalTerrorism g substantialandmultifacetedthatincludes pons Convention.”Although Bolton’s rt andnotabiological weaponsprogram. of Cubaandbiological weapons. d on new information.Powellassertedthat on d ip assuredhimthatCubahad not shared ved in developing biological weapons. the question of whether Cuba, which has which Cuba, ofwhether question the states.” BoltoncalledonCuba“tocease Biological Weapons: APrimer States believes thatCubahasatleasta States for ArmsControlandInternational es andtofully comply withallofits ithin themilitary specifically ithin s similar to aMarch19,2002 the capabilitythe toconduct New York Times York New reportissued 43

, by Steve 41 , http://wikileaks.org/wiki/CRS-RL30806 meningitis vaccinethatmight eventually beusedintheUnitedStates. Glaxo SmithKline a Passed Classified Information onMilitary Exercises, FBI Says,” Boston Globe Company, 1996,pp.66-67. many of itsbiotechnology products. produced numerousvaccines,inte also has biotechnology andgenetic engineering toag millions investing inthesector.The develop andproducebiological agents, gi threat toU.S.national security) that Cohen statedinatransmittalletter(acco weapons datesbackseveralyears. In research anddevelopmentnecessary intelligence agents in theUnitedStates.Inagentsintelligence designated forsuchweaponscapability. In c 47 46 45 and other sensitive operations. reportedly supplied Cubawith oncharges wasarrested Montes ofspyi Cuban diplomatworking inWashington. years 2001.Thecaseled inprisonJune passing classifiedinformati from Miami,MarianoFaget, wasarrested Cuba. In February 2000,anImmigration a and 3½years fortheirpartic married couplewassentencedinJa a five, of theRepublic”by“Heroes dubbed Cuba’s Cuban government has vowed to work forth topenetrat tried sentences. Thegroup D handeddownin Miami. Sentences Network” wereconvictedonespiona “Wasp Cuban SpiesintheUnitedStates Teo A. Babun, Jr., Jr., A.Babun, Teo Bill Miller and Walter Pincus, “Defense AnalystWalter and AccusedMiller ofSpyingBill forCuba, Woman “Biotechnology; MichaelKranish, Incuba Cuba began buildingbiotechnolog upits C U.S. government concernsabout On September21,2001,DefenseIntelligence Agency (DIA) analyst Ana In addition,twoU.S. government official Over thepastseveralyears, the FBI ha , May 15, 2002,p.D1. nnounced anagreement totest A BusinessGuide toCuba on toaC friend withties to ipation inthespy network. classifiedinformationa 47 OnMarch19,2002,Montespledguilty tospying 45 tocreatebiological weapons. In 1999,theBritish pharmaceuticalcompany he was “concerned about he was“concerned CRS-31 1998, then U.S. Secretary of State William 1998, thenU.S.Secretary ofState ecember 2001ranged from15years tolife e U.S.military groups. basesandexile The mpanyingreport toCongress onCuba’s a nuary 2002 tolesserprisontermsof7years tingBecomeBiotech Hotbed,” Biotech Cuba andultimately convictedinMay 2000for industry wasinitially “toapply geared ng fortheCubangovernment. Montes ven itsbiotechnology infrastructure...” June 2001,fivemember June rferon, andotherdrug uba’s capabilityuba’s toproducebiological to the State Department’s expulsion ofa State Department’sexpulsion the to nd NaturalizationServ riculture in order toincreaseyields” but s arrested and convi s arrestedand ontrast, he characterized ontrast, he e returnofthefivespieswhohavebeen National Assembly. Inthe addition to ge charges byge aU.S.Federal Courtin charges yindustrythe 1980sandhasspent in s have been implicated in spyings havebeenimplicatedin for , Cubanews,Miami HeraldPublishing andmarketanewCuban bout U.S.military exercises uba. Hewassentencedto5 Cuba’s potential to cted severalCuban s andhasexported Washington Post, ice (INS) official s of the so-called s ofthe aneffortasthe 46 (continued...) http://wikileaks.org/wiki/CRS-RL30806 the yearsthe es programs,to cutfunding forthe including adherencetobroadcaststandards. The movebegan in1996a 104-134) requiredtherelocationofOCB fro OCB isheadquarteredinMiami,Florida. Legislation inthe104 and theOfficeofCubaBroadcasting (OCB of America(VOA),RadioFree Europe/Rad Governors becameanindependentagency beginni the Department ofStateat (USIA). USIA When wasabolishedand programs hadbeenaprimary functionof Subcommittee onInternational Opera of Governors, Testimony beforetheHouseInternational Committee, Relations September 22,2001,p.A1. Radio andTVMarti Radio U.S. government intelligence agents work for the Cubangovernment for16years, dur 48 47 listenership of9%in2000and5%2001. channels (AM) wave on shortandmedium the evening hoursof6:00p.m.-10:30 schedule waschangedbroadcast fromth the cau the promote to elsewhere provide news,commentary, and4)to news; andcomprehensive objective, sourceofaccurate, authoritative of radio and televisionbroadcas in furthering theopencommunica effective impart information and ideas through any media and regardless offrontiers; 2)tobe and TV Marti are: 1)tosupporttheright Broadcasting BudgetRequest Board of GovernorsFY2003 and TV Marti –began in diplomats werenotinvolve Yo and twofromCuba’sU.N.MissioninNew United States,the twofromth in diplomats November 2002theU.S.Depar prosecutors aspartofapl pr Montes wassentencedto25yearsin “special accessprogram” relatedtoU.S. Brian Conniff, ActingDirector, Internati BrianConniff, (...continued) Both Radio and TV Marti have at timesMarti been the focus ofcontroversies,TV Both Radio and Until October 1999, U.S.-government f Until October1999,U.S.-government TV Martidaily broadcasts forfour U.S.-government sponsoredradio and te nd wascompletedin1998. ea bargain. In response to the espionage case,inearly espionage ea bargain.the In responseto d inintelligence activities. 1985 and 1 se offreedominCuba. and other information abouteventsinCubaand and otherinformation ting toCuba; 3)toserve as a consistently reliable and tment ofStateorderedth tions andHuman 6,2002. Rights, June CRS-32 ng ofFY2000, theBroadcasting Board of andone-halfhoursdaily; onMay 20, 2002, onal Broadcasting Bureau,Broadcasting Board ison inexchange forhercooperationwith 990 respectively.990 As national defense. OnOctober16,2002, nationaldefense. of theCubanpeopletoseek,receive,and ing whichshedivulged thenamesoffour tion of information and ideas through use through ideas tion ofinformationand e CubanInterestsWashington in Section the United States Information Agency States United the pecially forTVMar There have been variousattemptsover ), which manages), Ra 48 that includedsuchentitiesastheVoice e earlyto hoursof3:30a.m.-8:00 ing in Cuba and informationabouta ing inCuba . Surveys haveshowedaRadioMarti io Liberty (RFE/RL), RadioFreeAsia, Radio Marti broad Radio Marti

levision broadcasting to Cuba – Radio levision broadcasting toCuba– m Washington D.C. tosouthFlorida. its functions were merged its functions intothe rk. Cuba strongly assertedthatthe rk. unded internationalbroadcasting e expulsion of four Cuban e expulsion , the objectivesofRadio , ti, whichhasnothad casts 24hoursaday spelled outinthe dio andTVMarti. th Congress (P.L. Congress http://wikileaks.org/wiki/CRS-RL30806 Inspector General, Broadcasting IssuesRelatedtoReinvention PlanningintheOffice ofCuba Information Agency, Broadcasts AdheretoApplicable Requirements desire andagenuine needtoreceive mandated Advisory Panel1994, efforts. from VHFtoUHFtransmission has not also as asourceofinformation.Opponents freedom anddemocracy in Cuba, unlike Ra of promotion the to oftaxpayers’ awaste is money contribute doesnot becauseit broadcasts the jam a fewthousanddollarsto by the United States forTVMarti, while TV Martimay beviewed. section ofthe U.S.Interests Sectionhas inHavana, awhich waiting roominwhich seeTVMartiinCubaar only peoplewho the years, opponentsofcontinuedfunding of $158 millionforTVMarti(sinceFY1989). broadcasting toCuba,withabout$249 Television BroadcastingtoCuba:BackgroundandIssuesthrough1994 backgroundbroadcasting onCuba Processes NeedStrengthening and TVMarti 17, 1993;Advisory Panelon Radio and Marti, TV GAO/NSIAD-93-126R, standards, broadcast Marti regarding Radio F.Kerry February John GAO/NSIAD-92-199, May U.S. 1992; GAO, Letter Marti, CostsandCompliancewithBroadcas to Cuba, TV MartiSurveysareFlawed Cuba, to Marti andTV Marti Accounting Office,by a1994congressionally program have been conducted, including investigations by the U.S. General an audiencebecauseofCubanjamming effort 50 49 Supporters argue thateliminating TVMa and TVMarti, by the StateDepar in tothe programming. Stillothers point to the potential use of TV Marti inthe event and maintainMarti, thatTV significant proponents contendthatitisimpossiblefor government, whichsuppresses the freefl TVMarti wouldbe givingbelieve intothe that dictatorial eliminating Castro peoplecommittedto the cause thatnot the United offreedomis States inCuba. They See the following reports and audits: U.S. General Accounting Office (GAO), (GAO), Office Accounting General U.S. audits: and reports following the See Advisory Marti, PanelonRadio MartiandTV Incontrast, supportersof Debate onTVMarti. From FY1984 through FY2002, Congress , GAO/NSIAD-96-110, May 1996; and U.S. Department of State, Office of the of Office GAO/NSIAD-96-110, State, of U.S. Department , and 1996; May , Three Volumes, March 1994; U.S. GAO, Volumes,, Three March 1994;U.S.GAO, , Executive Summary, March1994. Review ofPolicesandProcedures These critics argue thatsome$150millionhasbeenspent In thevariouscongressi , GAO/NSIAD-94-265, U.S.GAO, September 1994; continued TVMartifunding which stated “the Cuban people have anardent people which stated“theCuban through 1994,seeCRSReport94-636, , GAO/NSIAD-90-252, U.S.GAO, August 1990; tment’s Office of the Inspector ofthe Office General. tment’s CRS-33 the programming produced byproduced TVMarti.” the programming million for Radio Marti(sinceFY1984) and numbers ofCubansha succeeded inovercoming Cuba’sjamming the Cubangovernment only needstospend t Standards and International Agreements International t Standardsand rti wouldsendamessa the Cubangovernment dio Marti, which ma e thoseCubanswhovisittheconsular argue thattheconversionofTVMarti , 99-IB-010, 1999. June ow ofinformationinCuba.These the program maintainthatvirtuallythe the effectively.They argue thatTVMarti establishedAdviso s. Variousstudiesandauditsofthese Report of the Advisory Panel on Radio on Panel Report oftheAdvisory appropriated almo Report oftheAdvisoryPanelonRadio to L.Bermanto Hon. Howard andHon. for Ensuring that RadioMarti Ensuring for onal debateson Radio Marti,ProgramReview point toacongressionally ve attempted totune ny Cubanslistento st $407millionfor ryRadio Panelon to completely jam ge to the Cuban ge tothe TV Martiover .) Broadcasts Radio and 49 (For U.S. TV 50 , http://wikileaks.org/wiki/CRS-RL30806 the endof107 for Cuba broadcasting.million Final action onthe measure was notcompleted before on 107-218) bill, S.2778(S.Rept. Statea of theFY2003 Commerce, Justice, million forTVMarti. The Senate Appropr broadcasting toCubaforFY2003, with Cuba Broadcasting, which had often been the source ofpolitical controversy. eliminate staff positions, including the fromthe staff Advisory director, Board for BroadcastingCuba evadeto the jamming by the Cuban regime.”also would The bill enhancements tothe Belize facility “will help increase the capacity of the Office of Cuba. Asubsequentrescission (P.L.106-553), itprovided$22.095millionforra 4942 conferencereport(H.Rept.106-1005). H.R. the into agencies, wasincorporated related and Judiciary; the andState; Justice, the operation,reliability, andefficiency a100-kilowa of $650,000 wasforthepurchase to CubaforbothRa million forbroadcasting be importanttohave would in it orupheaval Cuba’s suchascenario, future, in and argueof acrisis that measure intolawonSeptember 30,2002asP.L. 107-228. conference reportby Unanimous ConsentonSe 25bySeptember voi on the conferencereport authorizes $25.923million forCubabroad 671) tothe Foreign Relations Author from that country. According tothe the enhancements oftransmission facilities each fiscalyear.for Cuba Into add approved by theHouseMay 16,2001,woul September 13,2001. andWashington, SenatorDorgan withdrewtheamendmenton York New in funding would haveeliminated the billonSeptember10,SenatorDorgan versions ofH.R.2500hadfully funded the million morethantheamountprovidedin request andprovides$24.872millionfor br measure (P.L.Appropriations 107-77,H.R. FY2003 Funding. H.R. 5548,abillmaking appropriations FY2001 Funding. In September 2002,both houses approved H.R. 1646,theForeign RelationsAu FY2002 Funding. th Congress. TV Marti available asanewssource. available TVMarti For FY2001, the Clinton Administration requested $23.456 The Bush Administrationrequested$25.362millionfor TheBush TheFY2002 StateDepartme for TVMarti,butinlight oftheSeptember11attacks brought theamountdownto$22.046million. ition, the House version authorizes $750,000for ition, theHouseversionauthorizes July 24,2002,whichwouldprovide$24.996 CRS-34 ization Act for FY report tothe bill(H about $15million for Radio Martiand$10 of RadioMartibroa nd Related Agencies (CJS) appropriations (CJS) nd RelatedAgencies iationsversion Committeeits reported out casting for FY2003. The House approved castingHouse for FY2003. The thorization Act thorization for FY2002 andFY2003, filed anamendment,S.Amdt.1542,that request. During Sena d authorize $25 million forbroadcasting FY2001. Both the HouseandSenate the FY2001. Both oadcasting toCuba forFY2002, $2.826 in Belize and the cost oftransmissions 2500) fullyAdministration’s fundsthe SignedintolawDecember21,2000 for the DepartmentsofCommerce, the for ce vote, and the Senate agreed the Senate to andthe ce vote, dio andTVMarti.Ofthatamount, ptember 26. The President signed the 26.ptember ThePresident the conferencereport(H.Rept.107- tt solidstatetransmittertoimprove dio and television broadcasting to dio andtelevisionbroadcasting nt andRelatedAgencies 2003 (H.R. 2003 (H.R. dcasts toCuba. .Rept. 107-57),such te considerationof 1646) that http://wikileaks.org/wiki/CRS-RL30806 107 the FY2003 Foreign Operationsmeasurewas goal ofpromotingthe apeaceful trans for fullystates thatthecommittee supports S. 2779,theHouseAppropriations Committ House orSenateversionoftheForeig theFY2003 While assi request. foreign aid provided. For FY2003, theAdminis FY2001, $4.989 wasprovidedforvariousCuba rescheduling orforgiveness ofany outsta officials oragents oftheCubangovernment. United States that it is not sharing intelligence collected at the Lourdes facility with assistancesuch if isimportant toU.S.national security andthe assured ifRussia has waiver apresidential provides Moreover, also categories ofassistance. thelegislation However, thelegislation also provides that in of assistanceandcreditsprovided provision that wouldreduceU.S.assistance agreements. control arms with compliance communications, including military communications that Russians contend ensure aftermath of the Cuban missile crisis ofIt 1962. allows Russia to monitor U.S. signals intelligence facility at Lourdes, Cuba. The facility at Lourdes was built in the Broadcasting – the Voice ofFreedom. the Voice – Hearing. 6,2002.107 June Broadcasting Subcommittee onInternational Operations U.S. Foreign Aid andDemocracy Foreign HumanRights toSupport U.S. Marti featuring Administration and outside witnesses. Ri Human on International Operationsand 52 51 Russian Intelligence Facility in Cuba activists. democracy, helpdevelopcivilsociety, and non-governmental organizationsbased to toCuba.USAID’s C and freeenterprise of flow the increase to assistance provided 107-94. SeeUSAID’s Cuba program website: U.S.Congress. Houseof Representati th Congress. These efforts are fundedthrough thea H.R. 160 (Ros-Lehtinen), introduced January 3, 2001, would prohibit the H.R. 160(Ros-Lehtinen), introducedJanuaryprohibit 3,2001,would The CubanLiberty andDe On June 6,2002,theHouseInternatiOn June Some Members ofthe 107 Agency years,U.S. has several the forInternational Development past Over the 52

th mocratic Solidarity Act mocratic SolidarityAct CongressRussian again raisedconcernsaboutthe tration hasrequested$6m [http://www.usaid.gov/regions/lac/cu/]. CRS-35 n Operations bill for FY2003, H.R. 5410 and H.R. FY2003, n Operationsbillfor support ofintelligence the Administration’s onal RelationsCo ition to democracy in Cuba.Finalactionon ves. Committee onInternational Relations. andHuman Rights. Assessment ofCuba nding bilateraldebtowedby theRussian information on democracy, informationon humanrights, build solidarity with Cuba’s human rights uba program supportsavariety ofU.S.- such a restrictiondoesnotapply tomost promoterapid,peacefultransitionto for Russiaby anamountequaltothesum nnual foreign aidappr nnual ghts heldahearing onRadioandTV ee report to thebill(H.Rept.107-663) stance isnotearmarkedineitherthe not completedbeforetheendof projects.Inwas million FY2002, $5 51

(P.L. 104-114)containsa (P.L. mmittee’s Subcommittee request of$6million th Congress. Serial No. illion as part of its facilities inCuba. opriations bill.In http://wikileaks.org/wiki/CRS-RL30806 reportedly have2,000 mileturning facility the 70-square intoa computer science university that will received about$200millionannually forth Russia’s move,sayingit hadnotagreed that 21 the relationship for andbu relics oftheColdWar down taking approval fromPresident Bush whosaid th remained incommittee at the end ofthe 106 Russian military wouldclosetheLourdes by the House (275-146), butstalledinthe Startups,” State, Washington Migration Policy andIssues Guantanamo Bay, Cuba. Despite the change intelligence facility. In the 106 opera its government hasceasedall Russian government tothe United States until the President certifies tothe Congress that the 55 54 53 prevent unsafedeparturesfromCuba. agreed Cuba while to States, take United Cuban measures whoreachthe migrants to policy, the United States agreed to discontinue the practice ofgrantingall to parole 20,000 eachyear, notincluding immediaterelatives ensure that total legalStatesUnited wouldbe Cubanthe a migration minimumof to consistentwitha1984migration ag States, Cuba agreed tofacilitate safe, legal, and orderly Cuban migration tothe United by and States States United In United the boat. the agreement, to fleeing Cubans the 1994b 9, that culminatedinaSeptember large numbers. and Navy Guard wouldtake wereallowedinto homeland abruptly changed U.S. migration policy, unde Amidst escalating numbers offleeing C another Mariel,U.S.offici 125,000 Cubansfled to the United States.In by OnthemindsofU.S.policymboat. designed ofCuba tostem the massexodus Migration “Text: U.S. Welcomes Russia’s Decision toCl For background on U.S. migration policy toward Cuba, see CRS Report RS20468, see ForbackgroundmigrationCuba, policy onU.S. toward ManuelSomoza, “RussianSpy-Post Reborn On October 17, 2001, Russian PresidentVladimirPutinannouncedthatthe On October17,2001,Russian As aresult,inearly September1994,C In 1994and1995,Cuba reachedtwo migrationand theUnitedStates accords Agence FrancePresse 55 File, October17,2001. resident students. st century.” , by RuthEllen Wasem. als reiterated U.S.resolve als the UnitedStates,andannouncedthatU.S.Coast , August 23,2002. th Cubans rescuedatseato Congress, asimilar bill 53 Ontheotherhand,Cubastrongly criticized CRS-36 ubans, onAugust 19,1994,PresidentClinton akers was the 1980Marielboatliftinwhich 54 Senate, wheretheSe facility. Theannouncementwasmetwith ilding a new, cooperative and transparent and ilding anew,cooperative at both Russia and the United States “are States both United at and the Russia tions andtions permanently Lourdes the closed ns attempting toreachtheUnitedStates to theRussianpullout.Cubareportedly ilateral agreement tostemtheflowof reement. The United States agreed to reement. TheUnitedStatesagreed th in policy, in Cubans continuedfleeing in r whichCubansattempting to flee their uba and the UnitedStatesbegan talks the uba and ose Facility inCuba,” U.S. Department of responsetoCastro’sthreatunleash e facility.The Cubangovernment is Congress. as Castro’s High-TechCradle for U, of U.S. citizens. ofU.S.citizens. In a change of not toallowanotherexodus. (H.R. 4118)wasapproved theU.S.navalbaseat nate version(S.2748) Cuban http://wikileaks.org/wiki/CRS-RL30806 with numerousconvictions. years recent in increased hasalso Florida in smugglers migrant against prosecution Miami Herald sole legal authority tospeakonhisson’sbe theStates, Immigration and Naturalization Service ruled that the boy’sthe fatherhad for his return.Although theboy’s relativesin this was a case ofalien smuggling. andof Justice the Immigration andinvestigate NaturalizationServicewould whether 57 56 boy’smother drowned intheincident,while coastofFort Lauderdale.the The off year oldboytube foundclinging toaninner focused onCubanmigration policy as a result moreth arrested andimprisoned As ofearly life sentencemay beimposed. those engaging inaliensmuggling, andfo aliensmuggling.in Prisonsentencesof State Departmentexpressed by theCoastGuardcapsized and resulted 1, 1999).AnotherincidentoccurredonJuly “outrageous,” andstatedthat as incident the characterized Clinton ofCongress. President Members several theCuba incident promptedoutrage from from Cubans and pepperspraysix prevent to live by localnewshelicopters — in which permanent residentstatusinoneyear. Cubanswho Those in athirdcountry. at riskforpersecution have been transf thousands ofCubansatseaandreturned accords. migration have talks States. PeriodicU.S.-Cuban Guantanamo had left the U.S.Naval Base, most having been paroled into the United C announced thatthelastofsome32,000 attempt toimmigrate be takenagainst thosemigrants return would jointlycooperate intheeffort.Both countri the UnitedStatesbyand wouldreturn sea into the United States,migrantsCuban butwouldintercept future attempting toenter parole themore the UnitedStateswould LarissaRuiz CampoDeadly,” andNancy SanMartin,“SmugglingOften ofCubans is “ManAccused ofImmigrant SmugglingCuba,” Arrested in The Cubangovernment hastaken forcef In Mayreached States 1995,theUnited From late November1999through From late Tensions inSouthFlorida heightened CoastGuardhasinterdicted U.S. the1995migrationSince accord,the , September 3,2002. illegally. OnJanuary 31, 1996,th 57 the treatment was notauthorized (Associated Press, July regret over the incidenta an 130immigrant smugglers since1998. CRS-37 erred to Guantanamoandthenfoundasylum than30,000CubanshousedatGuantanamo up to three years three upto may against beimposed them totheircountry the U.S.CoastGuardusedawatercannon r incidentsinvolving been held onthe implementation ofthe after a June 29,1999 in after aJune in the drowning of a Cuban woman. The woman. in thedrowning ofaCuban half. Afternumerous them toCuba.Thetwocountrieswould July 2002,Cubamaintainedthatithad n American community in Florida and community Florida n American in ubans interceptedatseaandhoused ubans June 2000,nationalattentionbecame June es alsopledged toensurethatnoaction reach shoreareallowedtoapply for 9,1999,whenaboatbeing interdicted Miamiwantedhimtostay in the United reaching Surfside beach in Florida. The Florida. beach in Surfside reaching his fatherwhoresi another accordwithCubaunderwhich ul action against individualsengaging ed to Cuba as a consequence of their ed toCubaasaconsequenceof of the Elian Gonzalez case, the five- case,the of Gonzalez the Elian nd notedthattheDepartment Miami Herald e Department ofDefense Department e , while thosedeemed death orviolence,a ded inCuba,called legal appeals by the cident — televised cident — , July 9,2002. 56 U.S. http://wikileaks.org/wiki/CRS-RL30806 however, both Cuban and U.S. officials st however, bothCubanandU.S.officials migration accords. migration 26, 2002” David M. Ackerman. M. David that Castro was planning another emotion among theCubanpopulation 2000, the Clinton Administration agreed to go to 2000, theClintonAdministrationagreed assets willbe liquidated inorder toserve justice. nations whosponsorterrorismknowthatif Interest Section inHavana Castro stated that the Cuban migrationcouldaccords be dissolved and the U.S. media blitz on theissueuntilboy’s re 2000. Inorchestrat Cuba,Fidel Castro relativesMiami were exhausted, the boyJune returned toCuba withhisfatherin 59 58 ofaforeign state. modify thebehavior assets ofcountriesunderecono maintainingthat itwould undermine provision, October21,1998.Th exercised President provision also includes a presidential waiver fornational security interests, which the judgments forviolations U.S. immune from arenot foreign states that stipulates provision That States. United the in assets frozen affected thepaymenthave 4328) could to sueunder the Act.)However,Cubarefu vi shootdown 132). (Thefourth intheAntiterrorismandEffec provision damages) tothefamiliesofthree ($49.9millionincompensatory million InStates. addition,onDecember17,1 whichwasdrawnfromapot victims, four also becomeactiveinflying fleeingspottingCubans humanitarianof their island nation missions onrafts buthad American group Brothers totheRescue ofthe Cuban members in the Florida Straits,four which resulted inthe death of February for Compensation 1996Shootdown and ifdiplomaticnorms Forfurtherbackground, seeCRSReportRL31258, “Cuban NationalAssembly Extraordinary A June 26,2002speechbyA June FidelCastrora Nevertheless, in light of furthercong Nevertheless, inlight A provision in the FY1999 omnibus appr FY1999omnibus the in A provision In 1996,PresidentClintonauthorized On February 24,1996, Cuban Mig-29 figh Granma International were flouted by U.S. officials inCuba. werefloutedbyofficials U.S. could bewithdrawnifCuba over Cubaanddropping leaflets. , June 30,2002,p.7. , June mic sanctionsas leverage ctim was not aU.S.citizen, was ctim mass like exodus the CRS-38 of theDecember1997judgment fromCuba’s as wellinsouthFlorida. the shootdown victims who sued under a the shootdownvictimswhosuedunder 997, a U.S. federa Supporters maintainth . The group was known primarily forits primarily . Thegroup wasknown tive DeathPenalty Actof1996(P.L. 104- damages and$137.7millioninpunitive ed numerousmassdemonstrationsanda turn. Thecasegenerated an outpouring of Session, Speech Given by Session, SpeechGiven sed torecognize thecourt’sjurisdiction. ressional actionontheissueinOctober ated the importance ofmaintaining the they arefoundguilty in U.S. court,their $300,000 to each ofthefamilies to $300,000 e ClintonAdministrationopposedthe of Cuban assets frozen intheUnited of Cubanassetsfrozen opriations m opriations forwardwithpayments to relatives of ofinternational law. However, the ised concerns among someobservers ised concerns ter jetsshotdowntwoCessna337s the authority of the President to use the authorityto President ofthe Suits Against Terrorist States Suits AgainstTerrorist ’s sovereignty wasviolated when sanctionsareusedto easure (P.L. 105-277, H.R. ones in and thereforenoteligible l judge awarded $187.6 59 at itwouldletthose FidelCastro,June 58 1980 Subsequently, and 1994. , by http://wikileaks.org/wiki/CRS-RL30806 about $112 million in Cuban assets in the Un million inCubanassetsthe $112 about Subsequently, on January 19,2001,theday befo Treasury topay compensatory damages Cuba (and forcertain Iran). claims against Sections 2002and Act of2000(P.L. 106-386, three of the shootdownvictims.TheVictims 60 funds iscontrary to assistance orreparationsto or reparations toCuba (and other count byenacted referenceH.R.5526.Section 507 Foreign Operat through Cubasince 1990. theAct on theex of 120 days afterenactment 206 requiresareportfrom Section FY2001; and Section 121 $22.743millionforbroa authorizes of informationonviolations dissemination foreachofFY2000andFY2001theinvestigation and $6,000 authorizes for FY2000. H.R.3427includesthefollowing November 29, 1999. H.R.3421appropriate asintroduced November17,1999.H.R.3194signed into law FY2001, and bill for FY2000, andH.R.3427,theForeign Consolidated Appropriations Act forFY2000 pot ofmoneyb thatmight have U.S. citizens withclaims against Cubalarge maintainthe that judgment drained the American community, andmany in Congre theCuban from themid-1960suntil1994.Whilesupportersofrelatives, AT&Tlong-distance telephone feesthat Cuban assetsfrozeninthe in million $193.5 million totherelativesofshootdown in signed anorderunfreezing Cubanfunds Criticism,” David Cazares,David “Families ofFliersGet Award, $97MillionCompensation Draws On October28,theconferencereport(H P.L. 106-429(H.R.4811) byEnacts referenceH.R.3421,theComme P.L. 106-113(H.R.3194) Sun Sentinel Legislation inthe106 U.S. nationalinterests. ions Appropriations BillforFY2001 (FortLauderdale), February 1,2001,p.1B. Cuba unless the President cer Cuba unlessthePresident een available for other claims. forother een available CRS-39 paid foraccesstoCuba’stelephonesystem victims. The money came from a pot of victims. Themoney camefromapot ss supportedthePresident’saction,other s $22.095millionfor Cuba broadcasting Relations Authorization ActforFY2000 Relations ries). Sec United States,consisting offundsfrom ofTrafficking andViolenceProtection ited Statesremained the United Statestopay almost$97 United the of freedom of expression by offreedomexpression Cuba; .Rept. 106-997) struck H.R. 4811 and .Rept. 106-997)struckH.R.4811 prohibits direct funding of assistance of prohibits directfunding Cubaprovisions:Section108(b) (3) tent ofinternationa dcasting toCubaforeachofFY2000 rce, Justice andStateappropriations rce, Justice 2003) directedtheSecretary ofthe the Secretary ofSt re he leftoffice,PresidentClinton re th Congress tion 523 prohib tion 523 tifies thatwithholding such 60 Atthe end of 2001, frozenorblocked. l drug trafficking ate not laterthan its indirect http://wikileaks.org/wiki/CRS-RL30806 Compensation for theFebruary for Compensation 1996Shootdown State; theJudiciary; and relatedagenci fortheDe appropriations H.R. 5548,making andTVMarti Radio For Funding establishment oftherulelawforCubanpeople. nominateaspecial envoy Administration to reinstatement of a UNCHR SpecialRapporteur on Cuba; and a call for the a UNCHRresolutioncondemning Cubafor opposition andindependent acondemnationofCuba’sre including the sense ofthe House regarding the human rights situation inCuba, Expresses Situation Human Rights Cuba’s Regarding Resolutions law October28,2000. travel toCuba tothat expressly authorized incurrent federalregulations. Signed into may notdosoforCuba).Prohibitstravel Iran, Libya, NorthKorea,orSudanforna mayPresident waive the prohibitionofU.S.assistance forcommercial to exports whichincludesC terrorism, international year ofthesegoods to licenses forexports fromeconomicsanctionsimposed for exports terminates Enhancement, and Export Agencies Appropriations Act,FY2001. Title onCuba ofSanctions Modifications the funds.) 2000.(OnJanuary orderunfreezing 19,2001,hesigned28, anexecutive October such payments in the interest ofnational security when he signed the billintolaw on claims against Cuba (and Iran). Asprovided for in the bill,President Clintonwaived 2003 direct the Secretary of appointment ofa human rights abuses andCuba’s securing the UNCHR resolution criticizing the senseofSenatethatUnited Appropriations fortheDistrict ofColu P.L. 106-553 (H.R.4942) Introduced March4,1999. Se S.Res. 57(Graham) 23,1999,byIntroduced voicevote. March 9,1999.HouseapprovedMarch H.Res. 99(Ros-Lehtinen) Agriculture, RuralDevelopment,Food P.L. 106-387(H.R.4461) Pr Victims ofTrafficking andViolence P.L. 106-386(H.R.3244) Special Rapporteur. press; acallforthe Adminis the Treasury topay compensatory damages forcertain nate approved(98-0) CRS-40 unilateral sanctions es, was incorporated intotheH.R.4942 incorporated was es, tional securityhumanitarian reasonsbut or pressive crackdownagainst the internal States shouldmakealleffortstopassa to Cuba fortourism,restricts non-tourist uba, butwithoutany U.S.financing (the countries classified as state sponsorsof state as countriesclassified mbia government and for other purposes. otection Actof2000. Sections 2002 and and Drug Administr foreign policy purposes.Itone- allows IXof thebill,TradeSanctionsReform partments of Commerce, Justice, and partments ofCommerce, Justice, toadvocateinternationally forthe its humanrights abusesandforthe tration tosecuresupportfor March25,1999.Expresses onfoodandmedical ation, andRelated http://wikileaks.org/wiki/CRS-RL30806 Provides $22.095millionforradioandte conference report(H.Rept.106-1005). Senate passed,ame offreedom violations on information for States American of Organization ofExpre Freedom for Special Rapporteur $6,000 foreach House versionwouldauthorize in Cuba primarily foruseby dissidentsa establishment and operation ofa mobile libraryInterestsStatesUnited the at Section of the House versioneach fiscal wouldauthorize year $70,000for for the May 5,2001(H.Rept.107-57).Housepa Introduced April27,2001;CommitteeonIntern present) April3,2001. Rapporteur forCuba.Introduced Ma Cuba foritshumanrights abusesand passage ofa Geneva in2001toobtain necessary at the meeting ofthe United Nations Human Rights Commissionin forces ofchange andtoimprovehumanrigh (H.Rept. 107-671) filed September23,2002,w (H.Rept. Assistance Act of 2002, that did not have Cuba provisions. Conference report Human RightsIssues directly assisting the Cuban Representatives thatthePresidentshoul Cuban governmentthe Cubanpeople. against Cuba.Condemnsthere in rights situation conference reportlanguage.) into lawJanuary 10,2002.(Alsosee“Dru agreedconference December19;Senate ( 107-345)filedDecember report (H.Rept. Appropriations reportedits 107-142). Housepassed(381-46) Introduced andreportedby theCommittee a budget requestofatleast$5million Co bill notesthattheAppropriations the that prohibit direct and indirect assistance toCuba. The House committee report to appropriations measures,thebillcontai Foreign RelationsAuthorizati P.L. 107-228(H.R.1646) Expressing the sense oftheHouse Expressing H.Res. 91(Smith Foreign Operations Appropriations,FY P.L. 107-115(H.R.2506) Legislative Initiatives inthe107 nded, May 1, 2002, with a substitute a nded, May 1,2002,with , Christopher) version September4,2001(S people andindependentorgani on Act, FY2002 andFY2003. H.R.1646 Act, on CRS-41 ns provisions (Section 507andSection523) ns provisions rch 19, 2001. House passed (347-44, 22 rch 19,2001.Housepassed(347-44, mmittee fully supportstheAdministration’s July 24,2001.SenateCommitteeon nd democracynd activists. Section107ofthe resolution condemning thegovernment of unanimous consent) December20.Signed unanimous ssed (352-73)May 16, 2001. Section101 imed atpromoting democracy inCuba. the investigation anddisseminationof to secure theappointmentofaSpecial secure to levision broadcasting toCuba. Signed into law December 21,2000. December Signed intolaw d (1) have an action-oriented policy of d (1)haveanaction-orientedpolicy on Appropriations July 17, 2001(H.Rept. expression byexpression thegovernment ofCuba. 19, 2001.Houseagreed (357-66)tothe ssion in the Western Hemisphereofthe ssion intheWestern Representatives regarding the human the regarding Representatives g Interdiction Cooperation”belowfor Interdiction g ts withinCuba; and (2)made all efforts pressive andtotalitari 2002. Similartopastforeign operations Expresses thesenseofHouse Expresses ithout the Cuba provisions described ithout theCuba provisions ational Relations reported thebill reported ational Relations fiscal year for the Officeof fiscalyearfor .Rept. 107-58).Conference amendment,theSecurity th zations tostrengthen the Congress an actionsofthe http://wikileaks.org/wiki/CRS-RL30806 22, 2001. situation inCuba. Introduced and referred to Foreign Relations Committee March 2002. Senateapproved Introduced May 20,2002.SenateForeig forareferendumand Assembly National right ofthe citizens of Cuba who have signed the Varela Project topetition the Cuban referred toHouse Committee onthe Judiciary. directed tortureagainst to the Committee onInternational Relations. National Assembly insupportofarefe future efforts by the Cubanpetition people the right toassertto constitutional their representatives totakeall Committee March28,2001. to regain their freedom. Introducedand referred toInternational Relations International Re other purposes. Introducedfor OscarandBiscet, Elias and referred toCommittee on action wasnotcompletedbe Cuba anditsgoal ofpromotin for request committee reporttothebillstatesthatfully the$6million supports Administration requested $6millionfora Cuba democracyprogram. The House 19, 2002(H.Rept.107-663).Aspartof 5410 introducedandreportedby theHous by theSenateCommitteeon provisions inH.R.1646.) 2002 (Also see legislative initiativeson“Bro agreed by UnanimousConsentSeptembe above. Houseagreed toconferencerepor A resolution expressing the sense oftherights Senate regarding the human S.Res. 62(Lieberman) the Vare supportfor Expresses S.Res. 272(Nelson) Posthumouslyof naturalization revokesthe H.R. 5737(Ros-Lehtinen) supportfortheVarelaProject Expresses H.Res. 453(Pallone) Cuba To assisttheinternaloppositionin H.R. 1271(Diaz-Balart) Calling forthe immediate release ofall political prisoners inCuba, including Dr. H.Con.Res. 123(Andrews) OperationsA Foreign H.R. 5410(Kolbe)/ S.2779(Leahy) lations May 3,2001. political prisonersinCuba.Introduced November 14,2002; (87-0) June 10,2002. (87-0) June appropriate stepstosupport ppropriations FY2003. S.2779 fore theendof107 Appropriations July 24, 2002 (S.Rept. 107-219). H.R. 107-219). Appropriations July(S.Rept. 24,2002 la Projectand“urges thePresidenttosupport CRS-42 rendum. Introduced June 20,2002;referred June rendum. Introduced t by voice votedSeptember25,2002;Senate e Committee onAppropriationsSeptember g apeacefultransitiontodemocracy. Final r 26, 2002. Signed intolawSeptember30, 2002. r 26, n Relations CommitteereportedMay 29, n Relations the peacefultransitiontodemocracy.” adcasting toCuba”belowfor additional its FY2003 foreignits FY2003 aidrequest,the , andtofurtherhelptheCubanpeople and “urges the President andhis and“urges thePresident EribertoMederos,whoreportedly th Congress. the Varela Project and any and the Varela Project introduced andreported http://wikileaks.org/wiki/CRS-RL30806 May 16,2001. Introducedor Solidaridad,Actof2001. a future, andforotherpur democratic a for oppressed peopleofCubato Modifying Sanctions AgainstModifying Sanctions Cuba The Torricelliamendment wouldhavecond offered by S.Amdt Senator Torricelli, sponsorofintern state a Cuba isnot privateon a financing presidential certification of agricultural that Cuba sales to 2596,thatwouldhave cond S.Amdt. Smith, tabled(61-33) December 18,2001,theSenate Inreport. in theconference earlier the Senateprovision.Ultima accept Houseconfereesto Dooley the offered by Calvin instruct to Representative provision, buton April23,2002,theHouse The Act of2000(P.L.IX). 106-387,Title to Cuba that were set forthinthe Trad have eliminatedwould version restrictions onprivate financing ofagriculturalsales and May 8,respectively.into Signed filed May 1,2002.TheHouse the language of S. 7, 2001. Senatepassed(58- Agriculture, Nutrition,andForestry repor introducedN October 5,2001.S.1731 (H.Rept. 107-253),didnotinclude not haveaprovisionregarding Cubatrav the economicembargo ofCuba, failed by the useofTreasuryprohibited would have De voteof240-186.Another a by approved related transaction.Thiss Assets ControlRegulations( that noneofthefundsinActcouldbe November12,2001.Section648(Title on law conference onOctober31,2001,andNovember (H.Rept. 107-253) filed Oc the lang 2590, amended,whichsubstituted (S.Rept. 107-57).OnSeptember19,2001,th Appropriations repor 2001. Houseapproved(334-94),amende reported (H.Rept.107-152)byH the A bill to authorize increased support A billtoauthorizeincreased S. 894(Helms) 2002 Farm Bill. H.R.2646introducedJuly 26,2001.Housepassed(291-120) P.L. 107-171(H.R.2646/S.1731) Treasury andGeneralGovernmentA P.L. 107-67(H.R.2590/S.1398) 1731,as an am ted its version of the bill,S.1398,onSeptember4,2001 the of ted itsversion ection wasaddedbyH.Amdt. 40) H.R.2646onFebruary tober2 26, help them regain their fr help themregaintheir tely,the financin however, 31 CFR, part 515)withrespecttoany travelor travel- and Senateapprovedthe endment. Conference report (H.Rept. 107-424) theCubatravelprovision. CRS-43 e Sanctions Reform and Export Enhancement e Sanctions ReformandExport law May 13,2002.Section335oftheSenate ouse CommitteeonAppropriationsJuly 23, ouse action, during considerationofS.1731on . 2597,fellwhenS.Amdt. 2596wastabled. ational terrorism.Asecondary amendment 001. The House and Senate approved the nd referredtoForeig ovember 27,2001;SenateCommitteeon poses. Referred to astheCubanSolidarity, ted thebill(S.Rept.107-117)onDecember d, July 25,2001.TheSenateCommitteeon a vote of 201-227. The Senate version did a voteof201-227.TheSenateversion el regulations, and the conferencereport the and regulations, el used to administer or enforce theCuban enforce or usedtoadminister amendment, H.Amdt.242(Rangel), that approved (273-143)anonbinding motion ppropriations Act,2002.Introduced and to thedemocraticoppositionandother partment fundstoimp itioned thelifting ofprivatefinancing uage ofS.1398.Conferencereport an amendment offered byamendment an Bob Senator e Senateapprovedits itioned thelifting ofrestrictionson House versiondidnothavesucha VI) oftheHouseversionprovided 1,2001,respectively.into Signed eedom andpreparethemselves 13, 2002,afterincorporating g provisionwasnotincluded conference report onMay 2 241 (Flake) thattheHouse n RelationsCommittee lement orenforce versionofH.R. http://wikileaks.org/wiki/CRS-RL30806 limitation offundsinthebillforenforcing th the 107 for traveltoCuba.Final actionon H.R. by OFAC,untilOFAC has certa Department fundsfor“DepartmentalOffi allowed by theregulations. Section 124 of sanctions, fromissuing general and specific licenses currently fortravel to Cuba prevent the Office ofForeign which administers the Assets Controls(OFAC), regulations withrespect toany travel or 516 providesthatnofundsmay beused 107-212). S.2740 includes two pr introduced July 17,2002;reportedby Se H.R. 5120July 24,2002,by avoteof308-121.S.2740 passed 247). House regarding biological weaponsandterrori embargo (Rangel, H.Amdt.555,by avoteof prevented anyf voice vote);theHousealsore vote of151-177),andU.S.agricultural sale (Flake, H.Amdt.552,by a vote of 262-167) that wouldprohibitfundsinthebillfrombe 2002 (224-188).On July 23, theHouseappr 107-585) Rules CommitteeJuly(H.Rept. 17,2002 b 107-575). Theruleforconsiderationofthe introduced July 15,2002;reported by H conference August 1,2002.H.R.3009signed intolawAugust 8,2002. House approved conference report (H.Rept. approvedconferencereport House cosponsors didnot maintained thatsome theamendmentonMay 21,2002,becausehe Dorgan subsequentlywithdrew oftheprovision that hadFarm been Bill. included Senator inthe Senateversion financing ofagricultural sales toCuba. The amendment was identical tothe Senator Dorgan offeredanamendment, (TPA) legislation. During May 17,2002Se manager’s (S.Amdt3401)that amendment 16, 2001.Senatepassed(66- fugitives inCuba have been returned tothe United States forincarceration. restrictions onapresidential Relations Committee January 3, 2001. intelligence facility Cuba. atLourdes, ceased allitsoperationsat, thecertifiesPresident Congressto that the Government ofthe Russian Federationhas by the governmentStates owed tothe ofthe United Russian Federation untilthe Treasury and General Government Treasury andGeneralGovernment H.R. 5120(Istook)/S.2740(Dorgan) Andean Trade Preference Expansion Act. House Act. Expansion Andean TradePreference November vote) passed(voice P.L. 107-210,H.R. 3009 To prohibittherescheduling orforgiven H.R. 160(Ros-Lehtinen) th Congress. unds in unds the removed allpersonnel from, a bill from being used toenforce the overall economic certification thatallconvict jected two amendments to H.R.5120thatwouldhave amendments jected two 30) May 23, 2002, after incorporating (voicevote)a incorporating 30) May 23,2002,after in procedures in place rega in proceduresplace ovision relatedtoCubatr CRS-44 ouse Committee onAppropriations(H.Rept. ouse 5120 was not completed before the end of the before 5120wasnotcompleted nate Committeeonappr S.Amdt. 3439, that would permit private permit S.Amdt.3439,thatwould travel-related transactions,butwouldnot travel-related sm (Goss,H.Amdt.551,by avoteof182- ces, Salaries, and Expenses” mayces, Salaries,andExpenses” be used Introduced andreferre the SenatebillstipulatesthatnoTreasury Appropriations Act,2003.H.R.5120 s to Cuba (Moran (KS), H.Amdt. 554, by 554, H.Amdt. s toCuba(Moran(KS), want to jeopardize theTPAlegislation.want tojeopardize 107-624)July ing usedtoenforce regulations on travel , remittances(Flake, H.Amdt.553,bya oved threeCubasanctionsamendments e travelregulations tocertainconditions to enforce theTreasury Department enforce to 204-226)andthatw included “tradepromotionauthority” nate consideration of S.Amdt. 3401, nate considerationofS.Amdt. ess ofany outstandi ill, H.Res. ; HouseapprovedtheruleJuly 18, ed felonswhoareliving as nd permanently closed the 27, rding licenseapplications 488, wasreportedby the avel sanctions.Section 2002; Senate opriations (S.Rept. d toInternational ould havetied the ng bilateral debt approved http://wikileaks.org/wiki/CRS-RL30806 Relations. Co justice. Introduced 21,2001; referredtoHouse June Ch the UnitedStatesconvicted felonJoanne democraticallyelectedgovernment in Cuba that the exists, governmentto extradite a as Solidarity Actof1996torequire, hearing onthe bill. Subcommittee on Western Hemisphere,PeaceCo Western on Subcommittee 19,2002, 12,2001.OnJune Committee June S. 1017introduceda 12,2001. Means June Agriculture, Internati FinancialServices, Cuban People Act of 2001.” certain Cubannationals,and ontrav easerestrictions to States, United introduced andreferredtoFi Energy andCommerce,Judiciary,and and referred toCommittees onAgriculture, Financial Services, Government Reform, 2001. S.402introducedandreferredto Committeesreferred onInternationalto Relations and Ways and Means February 28, instruments, ormedicalequipment,andfo ofagricultural commodities,me export S.401 introducedandreferredto introduced andreferredtoHouseWa Means. Government Reform,Energy Relations’ a 3, 2002;referredtoCommitteesonAgriculture Relations. FinancialreferredAgriculture, toCommittees Services, on and International to allow for thefinancing ofagricultural The NoSafeHarborinCubaAct.To H.R. 2292(Rothman) To provide the people of Cuba with To providethepeopleofCuba 1017(Dodd) H.R. 2138(Serrano)/S. To liftthetradeembargo onCuba,and H.R. 798(Rangel)/S.400(Baucus) embargo on States trade forthe United with Cuba the to anexception To make H.R. 797(Rangel)/S.402(Baucus) To normalize trade relations withCuba H.R. 796(Rangel)/S.401(Baucus) trade embargo onCuba,and the lift To H.R. 174(Serrano) To amend the Trade SanctionsReform To amendtheTrade H.R. 173(Serrano) nance CommitteeonFebruary 27,2001. H.R. 2138 H.R. in for other purposes. Referred to as the “Bridges to the for otherpurposes.Referredtoasthe“Bridges to Finance CommitteeFebruary 27,2001. ys andMeansCommitteeFebruary 28,2001. CRS-45 Ways andMeansonFebruary 28,2001.S. 400 Finance CommitteeFebruary 27,2001. sales toCuba.Introduced January 3, 2001; amend the Cuban Li amendthe r other purposes.H.R.797introducedand onal Relations,Judiciary, andWays and nd Commerce, Judiciary; andWaysnd Commerce, and troduced and referred toCommittees on accesstofoodandmedicinefromthe condition forthedeterminationthata el toCuba,providescholarshipsfor esimard and all other U.S. fugitives from esimard andallother for otherpurposes.H.R. 798 introduced for otherpurposes.IntroducedJanuary and Export EnhancementActof2000 andExport dicines, medical supplies, medical dicines, medical nd referredtotheForeign Relations , and for other purposes. H.R.796 , andforotherpurposes. the Foreign Relations Committee’s the Foreign , Financial Servi rps, andNarcotic mmittee onInternational mmittee berty andDemocratic ces, International ces, s Affairshelda http://wikileaks.org/wiki/CRS-RL30806 Cuba. Introduced 26,2002; referred June Agriculture. Energy Judiciary, Fina the andCommerce, International inaddition Relations tothe Committees and onWays and Means, assistance to Cuba. Introduced July February 1,2001. and forother purposes. Introduced Committee Relations and referred toForeign purposes. Introduced andreferredto sanctions withrespecttoCuba,Iran, Liby Finance CommitteeJanuary 22,2001. that freedomhasbeenrestor determines establishes priority fornegotiating fr Cuba,standa of freedomin Americas, and forother purposes. Section 4ou Judiciary, andFinancial Services. 10, 2002;referredtoCommitteesonIntern of 1996,knownastheHelms-Burton Act, Cubans. Introduced re Cubans. November14,2002; International Relati play United Statesto organized professi Immigrati Provides for the expiration of the Cuban ofthe the expiration for Provides H.R. 5616(Dooley) toTravelCubaActof Freedom H.R. 5022(Flake) to and Cuba To liftthetradeembargo on H.R. 2662(Paul) To improveaccesstotheCubanmarket S. 239(Hagel) trade andcertain Cuba to respect with provisions travel certain repeal To S. 171(Dorgan) negotiationTo authorize offreetrade S. 137(Gramm) Provides the same immigration adjustment rights forHaitians as isprovided for H.R. 5751(Meek) To waive certain prohibitions with respect 26(Serrano) H.R. on Issues ons andJudiciary CommitteesJanuary 3,2001. rds fordetermining restor Foreign RelationsCommitteeJanuary 24, 2001. CRS-46 26, 2001; referred26, to the Committee on ee trade with Cuba once the President oncethe Cuba with ee trade onal baseball.Intr 2002. Removesrestrictionsontravelto ed inCuba.Introduced andreferredto to CommitteeonInternational Relations. a, North Korea, and Sudan, and for other North Korea,andSudan,for a, 2003. Introduced31, onMarch October ncial Services,Gove ferred totheCommitteeon theJudiciary. Liberty and Democratic Solidarity Act for American agricultural producers, American for ational Relations, prohibitany federalfundstoprovide tlines restrictionstlines priortorestoration agreements withcountriesofthe tonationalsofCubacomingthe to ed freedominCuba,and oduced andreferredto rnment Reform, and rnment Reform, Ways andMeans, http://wikileaks.org/wiki/CRS-RL30806 2001. Introducedefforts. and referred to International Relations Committee March 20, increased cooperationbetweenCubaand representativesinto negotiationsof with Drug Interdiction Cooperation Interdiction Drug for U.S.funding ofdemocracy andhum “Human Rights Issues”see (Also above agreedSenate (unanimousconsent)D of drugs toorfromCuba.Houseagr to Congress, notlaterthan9months,any The conferencereportalsoen information. agencies drug-related U.S. law governmentenforcement exchanging with is of Cuba decrease the flowofdrugs transiting through the Cuba, and 3)the degree towhich assist that U.S.international narcotics involvement ofthe government m 6 bya report within Secretary the ofState counter-narcotics cooperationw report (H.Rept.107-345)filed December Senate version would provi 107-58).Sena September 2,2001(S.Rept. A (381-46) Julyon 24,2001.SenateCommittee House CommitteeonAppropriationsJuly 17,2001(H.Rept.107-142). House passed 585 ofthebillprovidesthat$3million in In by the Senate CommitteeonAppropriations agencies toestablish C cooperation with was notcompletedbeforetheendof107 made availableforassistance to the C appropriated for“Internati 2002 (H.Rept. 107-663). Sect introduced and reported by the Houseon Appropriations Committee September 19, gove Cuban evidence ofinvolvementthe groundinterdiction inconnectionwiththe appropriate procedures topr certifie President the if beavailable not agencies oftheCubangovernment onc Department ofStateand assistanceshouldbemade Enforcement To authorize the Director of the Office Office ofthe Director the To authorize H.R. 1124(Rangel) Foreign OperationsAppropriations Foreign H.R. 5410(Kolbe)/ S.2779(Leahy) Foreign Operations Appropriations, P.L. 107-115(H.R.2506) other entities to establish other entitiestoestablish onal Narcotics Controland onal Narcotics otect against the loss of innocent life life in the ofinnocent air loss and againstthe on otect the de $1.5million fo ion 581oftheion b ofCubainillegal drug tr ith Cuba. However, the However, ith Cuba. ecember 20.Signedintolaw January 10,2002. eed (357-66)totheconferenceDecember19; CRS-47 uban government. Final actiononH.R.5410 uba on counter-narcotics matters. Conference matters. uba oncounter-narcotics ounter-narcotics matters.Themoney would an rights funding regarding Cuba.) ance tothegovernment ofCubawould for House reportlanguage onU.S.support FY2003. S.2779introducedandreported 19, 2001, provisionon without theSenate legislation necessary flow legislation the decrease to d (1)thatCubadoesnothaveinplace FY2002. Intr the government ofCubatoprovidefor July 24,2002(S.Rept.107-219).Section onths on 1) the extent, ifanyonths on1)theextent, of the direct available forpreliminarythe workby te passed(96-2) couraged theAdministration totransmit of National Drugof ControlPolicy toenter the UnitedStatesondrug interdiction rnment indrug trafficking. H.R. 5410 ternational Narcotic th of illegal drugs and(2)thatthereis Congress. r the Department of State and other ill provides that none of the funds ppropriations reporteditsversion ppropriations cooperation with oduced and Law may Enforcement” be conference reportcalledfor afficking; 2)thelikelihood October 24,2001.The s Control andLaw reported by the appropriate http://wikileaks.org/wiki/CRS-RL30806 Broadcasting toCuba subcommittees April24, 2001. Means; andSelectCommittee onIn Relations; Energy and Commerce; Resources; Science; Veterans’ Affairs; Ways and referred Financial toCommittees onArmed Services; Services; International and (2)theUnitedStatesInternational government spending. repeal(1) Would Congress. broadcasting. Final actiononthemeasure (S.Rept. 107-218).Asreported,the July 18,2002;SenateAppr Signed intolawSeptember30,2002. by agreed September 25,2002;Senate agr House FY2003 forCubabroadcasting. 121 oftheconferencereportversion provisions. Conferencereport(H.Rept. substitute amendment,theSecurity Assi Sena Board forCubaBroadcasting. Cuban government. Section501would the would increase the capacity ofthe Office ofCuba Broadcasting to evade jamming by fromthefacilitiesinBeliz of transmission fiscal year. Thesectionw $25 version, section121wouldauthorize May5, 2001(H.Rept.107-57).Housepasse introduced April27,2001;CommitteeonIntern (98-1) onNovember15,2001.Sign agreed toconference (411-15) onNovemb bill, amended.Conferencereport(H.Rep its versionofH.R.2500,andonSeptembe 107-42). OnSeptember10,2001, S. 1215reportedby theSenate Committee (H.Rept. 107-139)July 13, 2001. House for FY2002. H.R. fully fundstheAdministration’srequest To increase accountability To increase for government spending and toreduce wasteful H.R. 1270(DeFazio) State DepartmentandRe S. 2778(Hollings) Foreign RelationsAuthorization P.L. 107-228(H.R.1646) Re State Departmentand P.L. 107-77(H.R.2500 2500reported by the House Committee onAppropriations ould also authorize $750,000forenhancementsto andcosts ould alsoauthorize opriations Committee reported the measure July24, 2002 measure opriations Committeereportedthe ) lated Agencies Appropriations,FY2002. The measure lated Agencies Appropriations,FY2003. Introduced the Senatesubstitutedth ed intolawNovember28,2001. CRS-48 bill wouldprovide$24.996millionforCuba te passed,amended, 107-671) filedSeptem of $24.872 million for broadcasting to Cuba of$24.872millionforbroadcasting to of thebillauthorizes$25.923million for of UnanimousConsentSeptember26,2002. Broadcasting Act of1994.Introduced and Act, FY2002 and FY2003. H.R. 1646 H.R. Act, FY2002 andFY2003. stance Act of 2002, that did not haveCuba stance Actof2002,thatdid telligence March28,2001;referred to t. 107-278)filedNovember9,2001.House the TelevisionBroadcastingActs; toCuba passed (408-19),am million for broadcasting to Cubaforeach on AppropriationsJuly(S.Rept. 20,2001 eliminate staffpositionsfortheAdvisory was nottakenbeforethe end of the 107 er 14,20 r 13, 2001 the Senate passed (97-3)the r 13,2001theSenatepassed eed toconferencereportby voicevote e, whichaccording tothebill’sreport, d (352-73)May 16,2001.InHouse the ational Relations 01, and the Senate approved it e language of S. 1215 as May 1, 2002, witha ended, July 18,2001. ber 23,2002; Section reported thebill th http://wikileaks.org/wiki/CRS-RL30806 CRS Report RL30384, Report CRS CRS ReportRS20468, CRS Report94-759, CRS ReportRL30386, CRS ReportRL31139, CRS Report RS20449, CRS Report CRS IssueIB93107, Brief CRS Issue Brief IB10061, CRS ReportRL30570, CRS Report 97-949, CRS ReportRL30628, CRS ReportRL30837, CRS ReportRS20450, RL31302,CRS Report CRS ElectronicBriefing Book onTrade, CRS ElectronicBriefing Book onTrade, Policy? by Mark P.Sullivan. by Mark P.Sullivan. P. Sullivan and Maureen Taft-Morales. Overview, of theUnitedStates, Economic Sanctions:StatusandImplementation, Wasem. Shuey. Discussion andGuidetoCurrentLaw, Dianne E.Rennack. Gressle. Executive OfficeofthePresid Exports [http://www.congress.gov/brbk/html/ebtra108.html] , by Mark P.Sullivan. , by Remy [http://www. Jurenas. by Margaret Mikyung Lee. Cuba-U.S. Relations: ShouldtheUn Economic SanctionstoAchieveU.S.ForeignPolicyGoals: Economic Private Bills for Citizenship orPermanentBills Private Residency: ABrief Cuba: U.S. Restrictions on Tra Cuba: U.S.Restrictionson Cuba-U.S. Relations:Chronologyof Key Events1959-1999, Cuba: IssuesandLegislationinthe106 For Additional Reading The CaseofElianGonzalez:LegalBasics, Cuban Migration PolicyandIssues, Cuban Cuba: AnEconomicPrimer, Economic Sanctions:Legislationinthe106 Elian Gonzalez: ChronologyandIssues, Gonzalez: Elian by Vladimir N.Pregelj. Appropriations for FY2003: Treasury, PostalService, Appropriations forFY2003: Normal-Trade-Relations (M Exempting FoodandAgricultureProductsfrom U.S. ent, andGeneralGovernment, CRS-49 Cuba Sanctions Economic congress.gov/brbk/html/ebtra13.html] by Dianne E.RennackandRobertD. byDianne by Ian F. Fergusson. vel and LegislativeInitiatives, vel by Remy Jurenas. Sanctions andAgricultural ost-Favored-Nation) Policy , by Mark P.Sullivan. ited StatesReexamineIts by RuthEllen Wasem. th Congress by Larry M. Eig. M. Larry by by RuthEllen th by SharonS. Congress, , by Mark by http://wikileaks.org/wiki/CRS-RL30806 CRS ReportRL31258, CRS Report94-636, CRS ReportRS21003, Issues Through1994, Citizens’ Travel Abroad Radio and Television Broadcasting to Cuba: Background and Background Cuba: Radio andTelevisionBroadcastingto Suits AgainstTerroristStates Travel Restrictions:U.S.Go by Susan B. Epstein and Mark P.Sullivan. , by SusanB. EpsteinandDianneE.Rennack. CRS-50 vernment LimitsonAmerican vernment , by DavidM.Ackerman.