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Text
05/05/98
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i4J 002/006
PHlt.lP M. CRAN!;, ILLINOIS, Cl-lAIAMAN
BILL ARCHER, TeXAS, CHAIRMAN
$\JSC:OMr.t\'TT'EE CIN TRA.0£
COMMriTt' ON WA.VS ANO M[A.NS
B1U. T110h1AS, CAUFO"NtA
E. CLAY SKAW, Jll, Fl.OfUPA
AMO HOUOl'lTON, NEW YO~(
COMMITIEE ON WAYS AND MEANS
CAVE CA.t,\f', ),,11CHIGAN
Jf"11tAMSTAO, M!Nt.ltSOTA
JENNJFf;jl; C>UNN, WASMJNGTON
WA.1,1.V H£RGEP,, CALIFORNIA
.11"'1 NUSSLf. l(N/A
U.S. HOUSE OF REPRESENTATIVES
WASHINGTON, DC 20615
ROBERT t. MATSUI, c.AL!FORN1A.
A.I.- SINGLETON, CKU~F OF STAFf
THEVM J. ASKEY, :SUBCOMMITTEE STA,f.F PlFl€CTOJl
JAtue, t,IAVS:, MINOr:lTY C,tJEF COUNSEL
5. SRUC[ W1\.$0N, $1JBCOM"1!Tlff MJNO/\i'TY
CkAALE9 8. R.-.NG£l NEW YORK
IW;,u.RD E, NEAL /rllASSACHUS~
JIM M~PllRMOTT, WASl'IINOTON
SUBCOMMITTEE ON TRADE
MICHi.SL II, MCNULTY, NE'II' VOil(
W\\.UAM J. Jl'-.,fff!SON, LO\JlStANA.
£'1:0,t,CIOl
IIILLAACM[R. ~
May 4, 1998
Memorandum
TO:
Members of the Subcommittee on Trade
FROM:
Subcommittee Staff
RE:
May 7ili hearing on U.S. Economic and Trade Policy Toward Cuba
On Thursday, May 7, the Subcommittee on Trade will hold a hearing on U.S.
economic and trade policy toward Cuba. The hearing will take place in l l 00 Longworth
House Office Building and will begin at 1:00 p.m.
Background
Since the early l 960's, U.S. policy toward Cuba has consisted largely of
attempting to isolate the island nation through a comprehensive economic and trade
embargo. The authority for these sanctions was included in section 620(a) of the Foreign
Assistance Act of 1961 (P.L. 87-195). In 1992, the sanctions were strengthened with the
enactment into Jaw of the Cuban Democracy Act (P.L. 102-484). In particular, the Act
extends the prohibitions on transactions with Cuba to subsidiaries of U.S. firms in third
countries. At the same time, the Cuban Democracy Act directs the President to take steps
to end the trade embargo and to assist a freely and democratically elected Cuban
government, should one come 1to power. Another component of U.S. policy under the Act
consists of support measures for the Cuban people, including U.S. pirvate humanitarian
donations, U.S. Government support for democracy-building efforts, and U.S.-sponsored
radio and television broadcasting to Cuba (Radio and TV Marti).
In 1996, the Cuban Liberty and Democratic Solidarity Act (P.L. 104-114), often
referred to as the "Helms-Burton" legislation, was enacted to further strengthen U.S.
sanctions against Cuba. Among other things, Helms-Burton codified all Cuban embargo
�05/05/98
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Page -2executive orders and regulations in force on March 12, 1996. In addition, the Act denies
admission into the United States to certain aliens involved in the confiscation or
trafficking of U.S. property in Cuba. Finally, the Act allows U.S. nationals to sue for
monetary damages in U.S. Federal court those persons who traffic in property confiscated
from such U.S. nationals. Under the Act, the President has the authority to waive this
provision·in periods for up to six months ifhe determines that such a delay would be in
the national interest and expedite a transition to democracy in Cuba. Since enactment, the
President has utilized this waiver authority four times, most recently on January 16, 1998.
In the President's July 16, 1996 waiver announcement, he indicated that the liability of
foreign companies under Helms-Burton would be established during the suspension
period and that legal action could be taken immediately upon the lifting of the suspension.
Following the enactment of Helms-Burton, many U.S. trading partners, including
the European Union (EU), Canada, Mexico, and Japan, strongly criticized the legislation,
arguing that it constitutes an extraterritorial application of U.S. law contrary to
international principles. On November 20, 1996, the World Trade Organization (WTO)
agreed to a request from the EU calling for the formation of a dispute resolution panel on
Helms-Burton. The EU notified the WTO on April 21, 1997, that it was suspending the
dispute panel, pursuant to an understanding reached with the United States to develop join
disciplines on dealings in property confiscated by Cuba and other governments in
contravention of international law. Under WTO rules, dispute panels can be suspended
for only 12 months, after which time they lapse or must be reactivated. On April 21,
1998, the EU announced that it would allow its suspended case to expire but warned that
it would immediately file a new WTO complaint if companies in EU member states were
penalized under Helms-Burton or the Iran-Libya Sanctions Act (P.L. 104-172).
The visit of His Holiness Pope John Paul II to Cuba on January 21-25, 1998,
focused public attention on U.S. economic and trade sanctions against Cuba and their
effect on the Cuban people. At present, U.S. sanctions do not allow commercial food
exports to Cuba, and while commercial medical exports are allowed, there are several
restrictions on such exports as set forth in the Cuban Democracy Act of 1992.
Following the Pope's visit, President Clinton announced four changes in U.S.
policy toward Cuba on March 20, 1998. Specifically, the President announced: (1) the
resumption of licensing for direct humanitarian charter flights to Cuba (which had been
curtailed after the February 1996 shootdown of two U.S. civilian planes), (2) the
resumption of cash remittances up to $300 per quarter for the support of close relatives in
Cuba (which had been curtailed in August 1994 in response to the migration crisis with
Cuba), (3) the development of licensing procedures to streamline and expedite licenses
�05/05/98
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Page -3for the commercial sale of medicines and medical supplies and equipment to Cuba, and
(4) a decision to work on a bipartisan basis with Congress on the transfer of food to the
Cuban people.
Legislation in the 1Q';th Congress
In the 105th Congress, a number of bills have been introduced which would alter
U.S. economic and trade policy toward Cuba. Specifically, H.R. 284 was introduced by
Mr. Serrano on January 7, 1997, and was referred to the Committee on International
Relations, to repeal the Cuban Democracy Act of 1992 and the Helms-Burton legislation.
On June 18, 1997, H.R. 1951 was introduced by Mr. Torres, :tvlr. Rangel, Mr. McDermott
et alia to make an exception to the U.S. embargo on Cuba for food and medical exports.
The Committee on Ways and Means has received a sequential referral ofH.R. 1951 due
to the provisions of the bill which would amend the Internal Revenue Code of 1986 to
clarify that the denial of foreign tax credit in section 901 of the Code shall not apply to
Cuba with respect to income attributable to articles permitted to be exported to Cuba.
In addition, Mr. Nadler introduced H.R. 2904 on November 7, 1997, to make an
exception to the U.S. embargo on trade with Cuba for the export of medicines or medical.
supplies, instruments, or equipment. This bill has been referred to the Committee on
International Relations. On February 5, 1998, Mr. Rangel introduced H.R. 3173, the Free
Trade with Cuba Act, to lift the trade embargo on Cuba. This legislation has been
referred to the Committee on International Relations with sequential referrals to the
Committees on Ways and Means, Commerce, and Government Reform and Oversight.
In the Senate, Senator Dodd et alia introduced the Cuban Women and Children
Humanitarian Relief Act, S. 1391, on November 6, 1997, to authorize the President to
permit the sale of food, medicine, and medical equipment to the Cuban people. This
legislation has been referred to the Senate Committee on Banking, Housing, and Urban
Affairs. Another initiative, endorsed by Senator Helms, but not yet introduced as
legislation, reportedly would focus on expanding humanitarian aid to the Cuban people
by channeling such assistance through the Cuban Catholic Church.
Attachments
I. Tentative Witness List
2. CRS Issue Brief entitled "Cuba: Issues for Congress"
3. CRS Report entitled "Cuba: Initiatives to Ease Restrictions
on U.S. Food and Medical Exports"
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Document
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Identifier
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DI-1320
Title
A name given to the resource
Memo about hearing on U.S. Economic and Trade Policy Toward Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
4 May 1998
Creator
An entity primarily responsible for making the resource
United States. Congress. House. Committee on Ways and Means.
Description
An account of the resource
This is part of a series of documents related to the U.S. Economic and Trade Policy Toward Cuba.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 91
Type
The nature or genre of the resource
Text
Documents
Format
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PDF
Language
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English
Subject
The topic of the resource
United States--Congress
United States--Foreign Relations--Cuba
Cuba
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
A related resource
<p>View the <a href="https://www.suffolk.edu/-/media/suffolk/documents/about/moakley-archive-and-institute/moakley-papers/ms100_pdftxt.pdf?la=en&hash=97CD508C4A7F337052ABBE22F85910A0E44681B1">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p></p>
Cuba
-
https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/dce65907eb329de774fc6274710f03a0.pdf?Expires=1712793600&Signature=Tx9W8snQ%7EAkNqiuzbOa5vgARfMUZJ%7ExYyangoXZOyxQafUQ2C5POtyIhtvdHzxH0oegMVPkhIn--3PAk0U2DQ-JmICsj%7ExJDJeZG%7EB-rvi6xqwRLyRuGMMr38XIUpnOvg25o99Ic2Mr1pYRcywmUPlRzmY7C8L-kzWqm3Kk581vj78rWiK-t%7ElKkPQ9Kta1rjDXSte3sxtgAgxbTi0YaHjuHNuFtjQ-GuenWg7HHvvkMsy6x3e8r4mjiVdlAEraYd64AWETxW54pPgQ5y4TXyL1BX0tuB0mY-bKnIKEWx-heVQRy43F%7EnhSoEPzE-fPeE8UAnH-AgvF71gRkBYvq1A__&Key-Pair-Id=K6UGZS9ZTDSZM
297de0047bb778a56a0973952b567ce5
PDF Text
Text
04/22/98
/
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MA
ADVISORY
FROM THE COMMITTEE ON WAYS AND MEANS
SUBCOMMITTEE ON TRADE
FOR IMMEDIATE RELEASE
April 21, 1998
No. TR-25
CONTACT: (202) 225-1721
Crane Announces Hearing on
U.S. Economic and Trade Policy ~foward Cuba
Congressman Philip M. Crane (R-IL), Chairman, Subcommittee on Trade of the
Committee on Ways and Means, today announced that the Subcommittee will hold a hearing on
U.S. economic and trade policy toward Cuba. The hearing
take place on Thursday,
May 7, 1998, in the main Committee bearing roomJ 1100 Longworth House Office
Building1 beginning at 1:00 p.m.
will
Oral testimony at this hearing will be from bQtQ. invited and public witnesses. In
addition, any individual or organization not scheduled for an oral appearance may submit a
writlen statement for consideration by the Committee or for inclusion in the printed record of the
hearing.
BACKGROUND:
Since the early I 960's, U.S. policy toward Cuba has consisted largely of attempting to
isolate the island nation through a comprehensive economic and trade embargo. The authority
for these sanctions against Cuba was included in section 620(a) of the Foreign Assistance Act of
1961 (P.L 87-195). In 1992, the sanctions were strengthened with the enactment into law ofthe
Cuban Democracy Act (P.L. 102-484). In particul.ar, the Act extended the prohibitions on
transactions \a.oith Cuba to subsidiaries of U.S. firms in third countries. At the same time, the
Cuban Democracy Act directs the President to take steps to ·end the trade embargo and to assist a
freely and democratically elected Cuban government. should one come to power. Another
component of U.S. policy under the Act consists of support measures for the Cuban people,
including U.S. private humanitarian donations, U.S. Government support for democracy-building
efforts, and U.S.-sponsored radio and television broadcasting to Cuba (Radio and TV Marti).
In 1996, the Cuban Liberty and Democratic Solidarity Act (P.L. 104-114), often referred
to as the "Helms-Burton" legislation, was enacted to further strengthen U.S. sanctions against
Cuba. Among other things, Helms-Burton codified all Cuban embargo executive orders and
regulations in force on March 12, 1996. In addition, the Act allows U.S. nationals to sue for
monetary damages in U.S. Federal court those persons who traffic property confiscated from
such U.S. nationals. Finally, it denies admission into the United States to certain aliens involved
in the confiscation or trafficking of U.S. property in Cuba.
Following the enactment of Helms-Burton. many U.S. trading partn~rs. including
Canada, Japan, Mexico, and the European Union (Ell). strongly criticized the legislation. arguing
that it constitutes an extraterritorial application of U.S. law contrary to international principles.
On November 20, I 996, the World Trade Organization (WfO) ag~ to a request from ___ EU
.
··-~ ., the .
-.
�camng ror me rormauon or a azspute reso1uuon paneJ on ttelms•tlurton. un Apnt L 1, t 'J':J,, me
EU notified the WTO that it was suspending the dispute panel, pursuant to an understanding
reached 'With the United States to develop joint disciplines on dealings in property confiscated by
Cuba and other governments in contravention of international law. After meetings between the
United States and the EU in December 1997 and March 1998, EU officials stated that they would
resume the WTO challenge to Helms-Burton if no permanent solution to the dispute was found.
The EU has also raised concerns about Helms-Burton and the use of extraterritorial sanctions in
the context of the Multilateral Agreement on Investment, which is being negotiated under the
auspices of the Organization for Economic Cooperation and Development.
(MORE)
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�04/22/98
13:13
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-2The visit of Pope John Paul II to Cuba on January 21-25, 1998, focused public attention
on U.S. economic and trade sanctions against Cuba. U.S. sanctions do not allow commen:ial
food exports to Cuba, and while commercial medical exports are allowed, there are several
restrictions on such exports as set forth in the Cuban Democracy Act of 1992.
On March 20, 1998, President Clinton announced fow- changes in U.S. policy toward
Cuba. Specifically, the President announced: (1) the resumption of licensing for direct
humanitarian charter flights to Cuba (which had been curtailed after the February 1996
shootdown of two U.S. civilian planes), (2) the resumption of cash irernittances up to $300 per
quarter for the support of close relatives in Cuba (which had been c,.lrtailed in August 1994 in
response to the migration crisis with Cuba), (3) the development of licensing procedures to
streamline and expedite licenses for the commercial sale of medicines and medical supplies and
equipment to Cuba., and (4) a decision to work on a bipartisan basis with Congress on the transfer
of food to the Cuban people.
In announcing the hearing, Chairman Crane stated: "In the wake of the Pope's visit in
January, I believe that it is an appropriate time for the Subcommitte,~ to review U.S. economic
and trade policy toward Cuba. I look forward to reviewing the status of our economic and trade
policy towards Cuba, particularly with respect to the humanitarian assistance provided by U.S.
citizens to the Cuban people."
..
'
FOCUS OF THE HEARING:
The focus of the hearing is to examine: (1) U.S. economic and trade policy toward Cuba
and the impact of the U.S. embargo on the Cuban people, (2) the prospects for future economic
relations in light of the Pope's recent visit, (3) the status ofhumanitB!rian assistance extended to
the Cuban people, and (4) how U.S.-Cuba policy, particularly the Helms-Burton legislation, has
affected relations with U.S. trading partners.
DETAILS FOR SUBMISSIONS OF REQUESTS TO BE HEARD:
Requests to be heard at the hearing must be made by telephone to Traci Altman or
Bradley Schreiber at (202) 225-1721 no later than the close o(business, Thursday, April 30,
1998. The telephone request should be followed by a formal written request to A.L. Singleton,
Chief of Staff, Committee on Ways and Means, U.S. House of Repre1sentatives, 1102 Longworth
House Office Building, Washington, D.C. 20515. The staff of the Subcommitlee on Trade will
notify by telephone those scheduled to appear as soon as possible after the filing deadline. Any
questions concerning a scheduled appearance should be directed to the Subcommittee on Trade
staff at (202) 225-6649.
In view of the limited time available to bear witnesses, the Subcommittee may not be
able to accommodate all requests to be heard. Those persons and organizations nut scheduled
for an oral appearance are encouraged to submit written statements for the record of the hearing.
All persons requesting to be heard, whether they are scheduled for oral testimony or not, will be
notified as soon as possible after the filing deadline.
Witnesses scheduled to present oral testimony are required to summarize briefly their
written statements in no more than five minutes. THE FIVE-MINUTE RULE WILL BE
STRICTLY ENFORCED. The full written statement of each wi1tness will be included in
the printed record, in accordance with House Rules.
!41003
~
'
�In order to assure the most productive use of the limited amount of time available to
question witnesses, all witnesses scheduled to appear before the Subcommittee are required to
submit 200 copies of their prepared statement and an IBM compatible 3.5-inch diskette in ASCII
DOS Text or WordPerfect 5.1 format, for review by Members prior to the hearing. Testimony
should arrive at the Subcommittee on Trade office, room 1104 Longworth House Office
.Building, no later than Tuesday, May 5, 1998. Failure lo do so may result in the witness being
denied the opportunity to testify in person.
(MORE)
�04/22/98
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MA
-3-
WRITTEN STATEMEISTS IN LIEU OF PERSONAL APPEARANCE:
Any person or organization wishing to submit a \Vlltten statement for the printed record
of the hearing should submit at least six (6) single-space legal-size copies of their statement,
along with an IBM compatible 3.5.inch disketre in ASCII DOS Text or WordPerfect 5.1 format
only, with their name, address, and hearing date noted on a label, by the close of business,
Thursday, May 21. 1998, to A.L. Singleton, Chief of Staff, Committee on Ways and Means, U.S.
House of Representatives, 1102 Longworth House Office Building, Washington, D.C. 20515. If
those filing written statements wish to have their statements distributed to the press and
interested public at the hearing, they may deliver 200 additional copies for this purpose to the
Subcommittee on Trade office, room 1104 Longworth House Offic4:: Building, at least one hour
before the hearing begins.
EORMATTING REQUIREMENTS:
Each sta.Lclmenl prc~c:nti=d for printing to the Committee: by a wilne5S, any wrinen statement or c:i:hibit submined for the printed record or
uny wriLLcn comments in rcsponse to a request for wri~n comments must conform to the guidelines listed below. Any statement or exhibit not
in <:0mpliance with these guideline~ will not be printed. but will be maintained in the Comminec files for review and use by the Comminee.
All sllltements and any accompanying exhibitS for printing must be typed in sini:le space on legal-size paper and may nol
I.
exceed a total of IO pages including nuachmenl.!l. At the same time vmttcn stati=mcnts arc submitted to 1.he Commillcc:, wilncsscs B!C now
rtqur:sted to submit their staICmcnL~ on an IBM compatible 3.S•inch disune in A~CIJ DOS Te:.:t or WordPerfect 5.1 format. Witnesses are
111hi5,d that the Commlnee will rrly on elecuonk subml~ioos•for printine rbe official b,anni: record.
z.
Copies of whole documents submincd a~ cxhihit material will not be accepted for printing. Instead, e:,;hibit material should b¢
referenced and quoted or pacaphmsc:d. All exhibit mau:rial not meeting these speelflen1ions will be maintained in the Committee files for
review and use by the Comminec.
J.
A witness appearing at a public hearin~. or submitting a s~ment for the record of a public hearing, or submining wrinen
commt!nts io response to a published request for comments by the Comminee. must include on his )!UW:ment or submission a list of a.II clients,
persons, or organizations on whos1: behalf the witness appears.
4.
A supplemental sheet must accompany each sllltemcnt listing the name. full address, n telephone number where the wimess or
the designated representative may be n:ached and a topical outline or summary <>f the commenL~ and rccommcnda1ions in rhe full statement.
This supplemental sheet will not be included in the printed record.
·
The nbove restrictions and limitations apply only to material being submitted for priming. Statements and exhibits or supplemcntar)'
mnterinl submitted solely for distribution 10 the Members. the press and the public during the course of a publi..: hc:llling may be submilli::<l in
other fonns.
Note: All Committee advisories and news releases are available on·the World Wide Web at
"http;//www.house.gov/ways_m~ans/".
The Committee seeks to make its facilities
accessible to persons with disabilities. If you are in
need of special accommodations, please call
202-225-1721 or 202-226-3411 TTD/TTY in
advance of the event (four business days notice is
requested). Questions with regard to special
accommodation needs in general (including
availability of Committee materials in alternative
formats) may be directed to the Committee as noted
- L - •. -
!41004
�auvv~.
*****
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Document
A resource containing textual data. Note that facsimiles or images of texts are still of the genre text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
An unambiguous reference to the resource within a given context
DI-1318
Title
A name given to the resource
Announcement of hearing on U.S. Economic and Trade Policy Toward Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
21 April 1998
Creator
An entity primarily responsible for making the resource
United States. Congress. House. Committee on Ways and Means.
Description
An account of the resource
This is part of a series of documents related to the U.S. Economic and Trade Policy Toward Cuba.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 91
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Language
A language of the resource
English
Subject
The topic of the resource
United States--Congress
United States--Foreign Relations--Cuba
Cuba
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
A related resource
<p>View the <a href="https://www.suffolk.edu/-/media/suffolk/documents/about/moakley-archive-and-institute/moakley-papers/ms100_pdftxt.pdf?la=en&hash=97CD508C4A7F337052ABBE22F85910A0E44681B1">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p></p>
Cuba