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PDF Text
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/.
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-1283
Title
A name given to the resource
Letter from J. Bernard Robinson of the ABC Forum on Cuba, Inc. to Ambassador Fernando Remirez De Estenoz of the Cuban Interest section, asking for help from the Cuban government related to a US Congressional trip to Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
14 December 1995
Creator
An entity primarily responsible for making the resource
Robinson, J. Bernard
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
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 98
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
Cuba -- Foreign relations -- United States.
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
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<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/9e2a522c667d30e047ea200b7390220e.pdf?Expires=1712793600&Signature=A0N2AtmqWX7lqQckIjF8LlhAYzQT1%7EmmxVUVAyNGUcZQq-oSThaMIzNIqwg2odS1iMXR17vxqgJP9GxzEXrgfTWayT60XBmRyhGJC%7E9iPwx2gTASonsORcjujOMBf%7EJqC0mxSVtXipoN2E5GiHEMw71vYDdfGIBXs2VKNpmnbk5Ni14k7VCDTKUYNAccdwOuv73vWc7KoFER6CDZxQG8W4xfXP5j773mW-RYBTwVYc0PfzwVwGI1hSawG32tXqsI-7NS8F0H-baWvL%7ET1wYMf6ntuAnuoG-4ko3u0NQu9t0-IvAGHOV8oCc4pWFC5%7Ef7pCKFq%7EZQn0ZxOZCaSqkoow__&Key-Pair-Id=K6UGZS9ZTDSZM
88c780f82d511c62648e5955642b7271
PDF Text
Text
ABC FORUM ON CUBA, INC.
113 Fourth Street S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543-5177
January 2, 1996
Mr. Steven I. Pinter, Chief of Licensing
Office of Foreign Assets Control (OFAC)
United States Department of the Treasury
1500 Pennsylvania Avenue N. W.
Washington, DC 20220
By fax to: 202/622-1657
Dear Mr. Pinter,
Thank you very much for your thoughtful communication of December 29,
1995. This letter provides the infonnation requested to enable your office to issue
the ABC Forum On Cuba, Inc. a license for an advance trip to make final
arrangements for the January 16-19 conference called "The United States and Cuba:
A New England Perspective."
The objectives of the January 16-19 seminar are to:
1.
educate and update participants about the latest developments in U.S.-Cuba
relations, consider ways to encourage improvement in these relations and to
promote the cause of peaceful, democratic change in Cuba;
2.
identify specific ways participants can play a more active role in
strengthening and fostering civil society in Cuba and increase significantly
the flow of information to, from and within Cuba;
3.
have substantive meetings with individuals and non-governmental
organizations to identify the technical assistance, training, financial assistance
and commodities that can be committed by US organizations to promote
independent activity intended to strengthen civil society in Cuba;
4.
engage in visits to locations where free market principles are at work to
assess the extent of free market reforms and how best to encourage their
consistent development; and
�2
5.
identify opportunities for the promotion of independent economic activities
involving the self-employed, private farmers, young people interested in
training to become entrepreneurs and others~
The latest, tentative list of conference participants includes:
Peter C. Aldrich, Co-Chairman of Aldrich, Eastman & Waltch
John Pattillo, CEO of Aldrich, Eastman & Waltch
James Arena-DeRosa, Director of Public Advocacy, Oxfam America
Michael Delaney, Regional Manager LA & Caribbean, Oxfam America
H.D.S. Greenway, Editorial Page Editor of The Boston Globe
Richard Hartman, President North American Division of ITT Sheraton
Kathryn A. Burns, Director Corporate Development of ITI Sheraton
Larry Kessler, Executive Director, Aids Action Committee of MA
Anthony E. Malkin, W&M Properties, Inc.
Jonathan Malkin, President, Malkin & Co.
Sydney L. Miller, President, Hany Miller Company, Inc.
Hon. Joseph Moakley (MA)
Jim McGovern, Senior Aide to Congressman Moakley
John Weinfurter, Administrative Assistant to Congressman Moakley
Gilbert S. Peirce, Vice President & Director International Banking, Bank of Boston
Brian G. Rothwell, President, Bay State Milling Company
Michael J. Ryan, President, ABC Forum On Cuba, Inc.
J. Bernard Robinson, Counsel and Board Member, ABC Forum On Cuba, Inc.
Isaac Shafran, Director, Louis Berger International, Inc.
Regina M. Villa, President, Villa and Associates
For the advance trip, Jim McGovern, Bernie Robinson and I will arrive in
Havana from Miami (C&T charter flight# 8607) midday Sunday January 7, 1996
and will return to the United States on or before Thursday January 11.
During this advance trip we will meet with officials of the U.S. Interest
Section in Havana, officials from the Catholic Church, The Cuban Commission on
Human Rights and National Reconciliation, Concilio Cubano, CARITAS, Oxfam,
and with Cuban government officials. Our activities during this advance trip will be
focused on finalizing arrangements for the January 16-19 Conference in accord with
the Conference objectives set forth above and conducting an on-island assessment
to develop specific proposals which support for the Cuban people.
�3
During our advance trip, we will organize Conference panel discussions
highlighting Oxfam America's partnership with Associacion Nacional de
Agricutores Pequenos. We will also arrange meetings among management experts
who participate in this Conference and fledgling Cuban business owners and
between the Boston Globe's H.D.S. Greenway and independentjoumalists. These
and related Conference discussions will promote the purposes of the Support for the
Cuban People regulations. The resulting media exposure for the showcased
activities will enlist additional active supporters.
It is our short and long tenn goal to continue complying with US Government
laws and regulations in order to increase support for the Cuban people, to promote
civil society in Cuba and to encourage additional proponents of peaceful democratic
change in Cuba. We believe that progress towards these goals can be achieved
through dedicated educational efforts by organizations like the ABC Forum On
Cuba, Inc. New advocates and activists can be effectively enlisted through seminars
such as the one we propose from January 16-19.
The tentative list of participants set forth above are precisely the quality and
caliber of leaders and experts needed to stimulate private U.S. organizations to play
a more active role in strengthening and fostering civil society in Cuba. The
proposed Conference will educate the participants and observers, which will make it
much easier for them to become active thereafter.
If you require more infonnation to issue the license for our advance trip,
please contact me at your earliest convenience at (202) 543-3210.
We very much appreciate the advice and counsel you and your colleagues
have provided us. Please let me know what additional information would be helpful
to your collective deliberations concerning our request for a license for the January
16-19, 1996 Conference.
Sincerely,
�
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-1284
Title
A name given to the resource
Letter from J. Bernard Robinson of the ABC Forum on Cuba, Inc. inviting Congressman John Joseph Moakley to participate in a trip to Cuba.
Date
A point or period of time associated with an event in the lifecycle of the resource
14 December 1995
Creator
An entity primarily responsible for making the resource
Robinson, J. Bernard
Description
An account of the resource
It also includes correspondence with the U.S. Department of Treasury Department about obtaining a license to travel to Cuba. This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
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 98
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
Cuba -- Foreign relations -- United States.
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/11fecc42c916608105aada52f70033c6.pdf?Expires=1712793600&Signature=Q7PYM44ceEzx0-TgNDEiWei3XQlHHAWSXu8WDBuzVFM8OjZVPZGiwdLOcUHZxyorYeeR8g791esTJ4mGaOCVfuDfTeosvSbo-jVGdiAyEhVXkeKlljq2D9N1uflQ-xhgfaVwTUO-fRYFzAtNG40-Wkd-8mJrQzOstpmCvgcihv1slcMMn1t00uR6rEVvoWHJ8wvUGBQh%7EGG5tPPNIBzsM11dBoSt5QfQ8q6f3tcltlk9khXKSJ7X5hLYxzmpFzTTzkyoTBqmPHTYk%7EswkVMIut3SoOPtPlyv9dZbclzYWxRDu164v26e8gJ24RirjtWjz1BgYlbjlAkBOzBj2loNDw__&Key-Pair-Id=K6UGZS9ZTDSZM
209919b396a9f4f0bb78931c33b2e513
PDF Text
Text
FROM
Robinson
TEL: 914 337 5952
JAN. 6. 1996
12:52 PM
ABC Fo·rum On Cuba, Inc.
113 Fourth Street, S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543 .. 5177
f ..mall: cubacouncl@aol.com
Saturday, January 6, 1996
Mr. John Weinfurter, Administrative Assistant
Congressman Joseph Moakley
·
235 Cannon House Office Building
Washington , DC 20515-2109
By fax to :
202/225-3984
Dear John,
Thank you very much for all of the advice & expert counsel you offered
Mrke Ryan and me -- particularly this weak w- in making substantive progress in
the planning and arrangements for the Jan 16-19 Havana-based Conference on
US-Cuba Relations : A New England Perspective.
Attached is a_
three page overview on the Center For International Policy's
Congressional Staff briefing visit to Cuba from January 8-12 , which involves 10
House and Senate Staff members (D & R) . The US-Cuba Foundation 1 directed
by Gary Jarmin, is hosting a comparable tour in Cuba from January 5-11 for
about 5 House GOP Staff members (as written ihformation becomes available on
this 1 we wrll fax it to you). The information garnered by these Staff members may
well impact the Congressional debate and considera~ion of HR 927.
As you continue to brief Congressmen Moakley and Campbell this week
about the January 16th Conference, please consider the possibilities for them to
forge a new, bipartisan consensus on effective US policy for Cuba -- first within
the House and then among Senators and leading Administration policy makers .
Please consider how the Jan . 16th Conference dc~legation c~n be
expanded a:nd strengthened prior to Jan. 11 . On Jan .. 19 about 11-11 :30 am
when the delegation returns to the Miami Airport on a G1Jlfstream International
Airline charter, could someone assist them with customs reentry?
Prior to Thursday, Jan. 11, if there is any activity by the HR 927 or
HR 1561 Conference Committees, or if any Congressional hearings are
scheduled on Cuba related issues, could someone please fax a copy of the info
to us in Havana? Attached is the Shaw-Pittman W1g.iwe1tch. C.ub.a which includes
most of the Cuba issues. Another controversial one is the budget item funding
Radio Marti's move from DC to Miami which was in the Commerce/Justice/State
appropriation bill that the President vetoed .
P 1
�FROM
Robinson
JAN. 6.1996
TEL: 914 337 5952
12:53 PM
2
On Friday morning, Jan. 12 at 9: 15 am, we have o meeting scheduled
with State & Treasury officials in the OFAC offices to present the requested
information for the Conference license. They understand our request that they
make a decision about the Conference license before thr~ end on business on
Friday, Jan. 12.
We will also have an appointment to meet with Ambassador Rernirez on
Friday afternoon, Jan. 12, to finalize Conference discussions with him.
With my very best personal regards, I am
Since(Jely
- .._...,, .
--- er
............
J. Bernard Robinson
Counsel
cc:
Michael J. Ryan
P 2
�FROM: Robinson
TEL : 914 337 5952
JAN. 6. 1996
12:53 PM
CENTER FOR INTERNATIONAI.J
POLICY
1755 MASSACHUSETTS A VENUE~ N. W. SUITE 312
WASHINGTON D.C. 20036
PHONE: (202) 232-3317
FAX: (202) 232-3440
e-mail: cip@igc.apc.org
FAX TR.ANS:MJTTAL SHEET
TO:
FROM:
DATE:
SUBJECT:
E i ~ _- - - - - - - .
·.·· <-· :. : · :# :of pages indudirig transmittal sheet: - ·~
.
· If you
·. ··· . . · ·... · :·· · ,.... · . · ,... ·· .
.
do not receive all pages indicated above, please call us back as soon as
possible at (202) 232-3317.
MESSAGE
' '
P 3
�FROM: Robinson
TEL: 914 337 5952
JAN. 6.1996
12:54 PM
JAN 05 '95 17 : 42
P.'.:l/3
Congressional Dele&ation to Cuba
· January 8-12, 1996
Senate
S1a1I
Member
Pbgoc
Sarah Lyons
Pat Eveland
Breaux, John (D·LA)
Orams, Rod CR·MN)*
224-4623
Karen Mattson.Smith
Hatfield, Mark CR·OR)
Jeffords, James (R-VT)
Simpson) Alan (R-\VY)
Jon Guerra
Dick Day
Todd Menotti
Stephanie Eglington
Pryor; David (D-AK)
Biden, Joseph (D~DE)
224-3244
224~3753
224-5141
224-6098
224·2353
224-33 l 7
Bouse of ·Representati"es
S:&JdI
Member
Ying Lee
Amos Hochstein
Mark Sultivan
Gejdenson, Sam (D-CT)
CRS
Dellum~ Ronald (D-CA)
Center for International Policy
Katie Donahue
Jill Bullitt
Wayne Smith
William ·Goodfellow
l
225-2661
225·2076
707-7689
P 4
�TEL: 914 337 5952
FROM: Robinson
JAN. 6.1996
12:54 PM
P 5
JRN 05 '9~ 17:42
Tentative Itinerary
January 8-12, 1996
~~ 9ovemmant of·f iciala:
10:l'SAM
LEAVE Washington
ARRIVE Miami
check-in at Gulfstream (United Airline~
1:00PM
2:00PM
5:00PM
ARRIVE Havana
Miniat~y of Foreign Relations
8:00PM
Juan Antonio Blanco
?eliK Vetla Center
9:30AM
11:00AM
Ministry of the Economy
US Interest5 Sect1cin
4:00PM
Januat'y 8
National Assambly qf the People's Power
Pre·s ident of the National Assembl.Y
7:05AM
9:42AM
Dinner
January 9
Dinner
counter)
LEAVE Miand
Ri,cardo Alara.con
January 10
AM Ministry of Foreign Inve~tment
PM Mini1>t:ry of Co~ercial
Dinner itaiian Erobassy
J anuar:y' 11 · ·
AM ·Miniist!tY- · of· Educ;a:t.ion
AM Minis.t ry
of Public Heal th
2;30 PM Centro Estudios Sobre Americas
PM Ma:t"tin Luther King Center
DINNER
January 12
AM N. tiona1 Council of Churches
a
1:00 PM LEAVE Havana
2:00 PM Arrive Miami
7:20 PM LEAVE Miami
9:55 PM ARRIVE Washington National
: . . ., ·
.
'.
'
.
:, . : '.:·..' ,: :.',: \:~::.¥
.
�.
:~_
'
•
· · :.·-
-
.
HAW,: PITTMA.N,. .POTT$ r. & . R,OWBRIOGE, !
'
Fl~ST SESSION OF
104TH CONGRESS
E:NOS WITH "LIBERT AD"
ACT IN CONFERENCE
COMMITTEEi OTHER
CUBA LEGISLATION
ALSO LEFT PENDING
The 104th Congress was 5':heduled
to end its f"JXSt leglslativc session
today with the most significant
piece of legislation rel.3ting to
Cuba. The Cuban Llbeny and
Democratic Solidarity
.
(LIBERTAD) Act (the "Act'•). still
in the r,roces$ of being considered
conferees a.re: Republicans He~
·by a House-Senate Conferen~· ·
..nd··Dero~ral~'Hatoi.Iron'(IN)
Committee. Although passing its
version of the Acr on October 19.
199S (se.e LegiWmth Cubei., October 20, 1995), the Senate did not
appoint its conferees until mid•
Gejdtoson (ct), TorricelH (Ni),
and Menendea: (NJ). With Congress scheduled to be out of session
for roost of the month of January.
action by the Conference Committee i$ not expected until February.
December. The delay stemmed
from Democratic opposition to a
separate foreign relations bill, S.
908 ("The Foreign Relations Revitalization Act of l 995"') and frustration over the lack of action in the
Senate Foreign Relations Com."llittee on the approval of ambassad~
rial nownadons and mti.fication of
pending treaties. On December 12,
1995, an agree~nt was reached
between Republicans and Dem~
era.ts that cleared th~ way for passage of s. 908 and permitted action
on notniMtions and treaties, and
allowed the approval of conferees
for the LIBERTAD Act. On December 14, 1995, the Senate ap_polnt~d sl!:ven conferees to consider
the Act tosether with the nine con-
f~s appointe.d by the House on
November 7. 1995. The Scnatll
Democratic filibuster and the bill's
sponsors were unable t.o invoke
(NC), Coverdell (GA), Snowe
(ME), and Thompson (TN): and
Democrars Pell (RI), Dodd (CT),
and Robb (VA). The House confer•
ee:: are: Re:publicans Gil~ (NY).
Bunon (IN); Ros-Lehtinen (Fl.)1
King (NY), 21.ld Diaz Balart·(Fl:;);
l '' .. ' '.
DIFFERENCES BETWEEN
THE HOUSE ANC SENATE
VSRSIONS OF THE ACT
BEFORE THE
CONF"ERENCE COMMIITEE
The House and Senate versions of
the Act that tht Conference Com.
m.ittee will oetd to rece>ncile ditfe:r
sub$ta..otially from each other. Most
significant is the absence in the
Se:nate version of .l Tide m
(present in the House version)
granting a right of action w U.S:
courts to U.S. owners of property
expropriated by Cuba against third
country nationals ''trafficking'' In
such property,, Title Ol was
dropped from the Sena~ version
amr opposition to it led [0 3
.
cloture. Indications are that Title ID
will be reinserted into the bill when
r.b~ Cortference Coromittee ~nd$ it
back to both houses of Congress
for final passage. It is unclear
whether a bill wiih such a prou- ·
sion would win approval irl 'the, ·.·'
Si!natt.
Another import.ant provision
ptestnt (as Thle TV) in the House
vers1on of the Act. but not in rhe
Senate's, is the exclusion fTom rhe
U.S. of aliem "trafficking" in the
property expropriattd from U.S.
citizens. Originally in the Senate
version, this provision was dropped
and inserted in S. 908. Under the
agreement reached 011 December
12, 1995, however, the alien e.xduslon provision was re.moved from
S. 908 as well. The provision in
Title N of the House version au·
thorizes the Sectetary of State to
exclude .wy alien who be dt!t.e.r·
m.lne$ has confiscated U.S. owned
property or ''traffics" in confiscated
U.S. property. As it now reads, this
provision would be applicable to
all cases of confiscated U.S. prop,,
(whether in Cuba or elsewhere) aftt:r Jmullr)' I. 19$9,
i!l't)'
except for claims arising from
M
�FROM: Robinson
TEL: 914 337 5952
J AN. 6.1996
\
•"
I
.. ~ :.. ~ ·-· -·· ·.. ,-·, ...... - -~.
·
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_;
• '
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.. ... ..
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'
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.. :
• :
•
•,',:•I ' ' • •, '
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: ' . :. • •,
' ' ':
'
'
:
12 : 55 PM
0; .,
. , " •,,
I o ·;,• • .•• ,
'
••,,
' •
'. : ;- ,- '' I
•.
• .. :
,,
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'\. •,' ... : , : \ • :,
0
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;
V
·.;........ .. ~:. •::-. •. . ·.·. ~· · --~ - .:.'.": \ . ~·-~:: .. ..,;·.:.::.: .,,: '. .. .. · ..··. .:,,;... ,•• - -· , . .. :· . .-;~~ •• . .:. .. .: ·:.·:;' :~. :·, .., ,:;
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I
,':
\
unsenled dispute over territory as a
result of a war between two
U.N. member states.
Other differences ~ II1ust be
reconciled in confcrence are found
throughout the Act. Some notable
exampl~s are in the area.5 of indir~ financing of Cuba. foreign
assistance to countries providing
support fort.he nuclear power
plant at Cienfuegos, and requirements for a transition and democratically elected govcm.ment in
Cuba before U.S. assistance is
aiven. Thus, for instance, the Senatt version impo.ses four rcquirellltnts for a trar1sitional
government in Cuba before it
. qualifies for U.S. mistance,
whel'Ca$ the.House version coo.ta.iris hih~'~uirements. The Senate version requfres that a
trMsitional government in Cuba:
have legalized all political activ~
ityi release.d political prisoners;
(fasolved the .Department of State
s~cllrity; and committed to holding free and fair el~ctions within
two y~. The House version
includes additional requirements
rongini &¢m extradition of individuals sousbc by the Department
of Justice to the exclusion of Fidel
or Raul Castr0 from a transitional
government. The Senate and
House versions of the Act also
differ significantly in regard to
requirements for a democratic.ally
elected government: the Senate
version outlines several non-binding fac[ors to bo taken ibto account in detertn.inin& whether a
dcmoc::nnic government is in
power in C1.1ba: The House version,
on the other hand, defines seven
$pecific requirements for a dexnocratically ele~ gov~t.
including that it make demon-
~trable progress on addrcs$ing the
expropriation claims by U.S. citi-
strictions (H.R. 1254, 1700, and
1704), and those advocating a
policy of~ trad¢ with Cuba following a change of government (S.
zens.
All of these differences must be
resolved by the Coltference Committee, which will need to develop a
Stmtegy as whether or not to include, or re-write, certain portions
146).
Since some of these pending bills
ate subsumed in the LIDERTAD
Act, their fate
of the bill (such as Title Ill) to in·
sure passagt Ul the Senate': at\d to
convinoe 60 Senators to vote for
clotW'¢ on the conference bill. Sinee
AcL If the Act p~ses and is signed
by the President, it is likely that
these bills will die in ci>mmittee.
On the other hand, if LIBERTAD
Title IV regarding the exclusion of
alien.~ uafficking in propeny expropriated from U.S. nationals wa.~
never put to a vote in the Sefiate, it
is unclear how the insertion of that
provision would affect the outcome
of a clorure motion.
··
OTHER CONGRESSION~L
ACTION ON CUBA IN 1995
There were a number of bills con-
cem.i.ni Cuba ~ides the
UBERTAD Act that were intl'(),
duccd in th¢ first session of the ·
104th Congress, reflecting varyins
Congressional opinions as to the
bo!st course for U.S. policy toward
may well dtpend on
the outCOll'lC of the debate on the
is defeated, there may be anempts
to push through some of tht legis- •
lariort that would implement por•
tions of the Act. At any rate, it is
exceedingly unlikely lhat any l~gis.
. Iation ait:ned at easing the embargo
will meet with success in t.he cur;•t' .
. : rent Congress.
.
' .
~
Ll!GIWATCH CUBA
S:XE:CUT!YE EDITOA
Morlo.s F. T~lW>•l>w. Esq.
MANAGING EDITORS
Robm E. L.. Hasry. &q.
C. E l ~ E.q,bt. Sul'tl, E.tq.
Stev6n It F..tcobdr, &q,
EDITO(:(JAL ASSISTANTS
Cuba. The legislation ranged from
Nkola.s hu:hk.o
bills that would end che existing
a TROW9fltrOGe:
JJ(X) N Smit, N, W.
Warhi119t(lll 1).C. 20017./ Jis
(201 J 615).$()()()
trade embargo to attempts to tighten
the embargo further and press for its
intemationalization: Rep. Rangel
(D ..NY) introduced H.R. 883 to
repeal the embargo on Cuba while
Rep. Diaz.Balart (R-FL) introdu~
a concurrent resolution (H. Con.
Ru. 24) calling on the ~$ident to
s~ a mandatory international embargo on Cuba in the U.N. Security
Council. Both of these bills have
been stalled in the House Interna-
tional Relarions Committee since
February 199S. Between these poles
of opinion range a, wide variety of
bills including some calling for tht
el.imination of certain embargo re-
$HAW, Pl'l'TM,,\N, l"'O-n'S
11S S11"rlr Union Srrur '
Mu.atldria, Virti,iia J1J/4
('!OJ) 7JfJ.66iO
15~1 farm Cndlt Drtvt
McLt;ui. Vlrtsnui 22/02-5004
201 ~,ry Srmt, s.W.
u,,btt.,g, Vl;:Ulia 22075.J72J
9()() Third A 1,.,,u,,
Swit, /$00
N,w York. Nr.v Yi.,rk
836-4100
1:m1
1
:i>f!Yl'lfNO IP96 I>, Slurw, /'1"""'11, Poru J.
~ """""""'· All ritliu m6VM. uc,~\'acdl C11ba
tlu.UJi~, ,x,1114>.u #wk,p,rv~u ~-m~ t Cid,,, <lltd
/I/Jd1WfJ a v.ui4ty v/Ufai 4ftd Ut/J/aJ1'w I I - DJ
i~rtlkl.et ta llt41• iNtff#fi/. ill klllt bwwu in a
/r11-m4NI C..ba. /{_.,,., di.I pub/lc<'Mlt. U liOI
<-t ,J.i,i,U ~r I>, wnl .U f JM/tltit,w far kt~ U!l!it;6,
f "or i r i / a ~ or IWUldnN, /kfh NJ#IJ4i;t ""' ef
,i.; •tlllan /i,w -...
'
•1 · -,. ··' _. ·
,.'.
�:?.::~-L ~
LEGIWATCH CUBA TRACKS PENDING LEG1SLATlON·RELATING TO CUBA: STAT U S AS OF O l /03/96
j·
REJ.EYANT PROVISIONS
BILL SHORTIIILE
s. 146
S. 269
Americas Free Trade EstA.btistl free h.ulc will! Cnbti once ficoo om
liti been J"C$1occd ia C11ba itllk1 U.S ?fopcrly
Act
clltlms h,-we bcal n=&\'Cd
lmnaigJ»nt Comrol
ltepcal the Cl, ~fl A<ljuslmcnl AcL
and finaacial Re-
SPQN.WR~: 00:fflMiWBS
_;_
~ ~
~.
Gra1m (R~
TXJ -.
ln Scn.itc _· -_.
-
No Co--spomon
DATI OF LAST ACOQN
STATUS
Referred to Si:natc Cocami<lce en
H,Janee
·- ... -.
3
···:
.. : :
. ': .
;u
. . s:
Of!041')5
·- 0
-. ::J
U)
.. 0
l-R
Passw as imcndcd by Se1t11Ce Judici-
J-D
Simpsen (R-WY)
lflScmAe .
ary Sabcoannittcc on fmmigmron,
SfO"Sibility Act of
re~,rod to foll Co1111niuee
1995
::J
06/)4/95
;:. _,
r··
Judiciary
011
1hc
S. 381
Cubarl Liber1y ood
Om,,ibus k&islatioo geared et slrc~th°'ing
l lcJms (R-NC)
J1--R
Ucari1tgs hck! in Soo~ Foreitn ~-
(See
Oi:mocratic: Soliclarity Act or lWS
(he COlbatgo, prok(:titlg U.S. proJ>C11Y 1igh.ts
al>road, i:md pJOTiding for assisli!Q« to a
lransit)()lll!J and dcni:otr.11k u,~
f,- Senate
... l)
btioos SubcorM>1incc on We5ttm
ILR.
m,
S...908
06/1-4.195
l kmisphc:rc M>d Peace Corps Affwin
~.
fuu:luslOn ef alicCIS who hnn confiscalcd or
Forcigii ltclllfions
Rcvitalilatioo Ad of lfflffic ia property daimoo by U.S. nalionals
Helms (R-NC}
In Scaate
No Co-sponsors
Mad1R-fl.)
Iii Scllilk: ..
Senate
4-R
1'>9l
S. 92S Cor1grc~oon11l notifi - Require the President 10 l!Kl4ify 0>11trcn if
(Same ~ion of conc;u:is
U.S . government is negotillting with tbc Daas H.R.. witll Cul:>111 govcm- b• go\l<:111:Clcnt lo norm_fo;e relalioos
a
1909)
mcrn ofli<:iJil5
-.
Smmigratio11 provision 4troP()ClJ from
bill; incorpanled in!o UR. I ~6 t;
]>aSml Sarate; Confcn:cs appofo1t.d
12fl4M
Rcfcrrcl 10 Seltale Commintt
forcign R.clatio11s
Sen.ie
Wl5'95
oit
-l
1-D
Ho11s.c
Sccanas (R-FLf _
ln llo11sc .
7-R
.°"' :°. a
.
11.R.
82
A Bill to oppose
Cuba's admission to
m1erl\al ion al l'Ltlllltt:ial iu:s!it111ioru
Orrc>se Cuba's admission to intcH1aliunal Dil\z.-Dalan (R-FL)
financl1I insfitntions: until Cuha !\olds free
In House
No Co-sponsors
(,J
(,J
R.efc:ue-4 io Uo11se Commiltec: cm
01/0iU"yS
U1
. I.D
. . ··• I\)
._ U1
H.ll.
l4
Rcferrec\ lo House hldiciar,- S-.b-
· ·
oorurnlm:c or1 Jmmigr~iai and
CJaims
W-lllmotc!mg or co.
No Co-spoosors
Prohihil :st1p imports ffom coonlrics
dial irn J>Ol I sogi.v
-,J
Banlcmg a.wl fio.-i:al Services.
No Co-spoasois
. intu-M1ian.11 financia101ga11i2.111ions
~
nouse
09121191
Deny visil.5 li:t aliens Deny YiS83 kl aliens immfvcd n-i1h or tra:r- Piaz-Dalan (R-FL)
tnltlkking i ri <:Xpro- fick i11g in Cuba's exyropej.ii 011 of r,ropcrl)'
In H Clll:S:.. . . .
priflk.d U.S. proiicrty
Uni1ed Srat~ persons
'• ·•
tribal ions to ccrlain
I.D
a;ncl fair d«I ions
or
JLR.
B3
r
Offered 1md wilhtlr11wo as an amend·
• ~ to H.R. '127
2-D
HR.
gl
m
:·:·:·. _-:·
.. , . - '
Wi1hhoki ass,cs~i:d and vohtrnary contril>u- Diaz-8::al:\r! (R.-Ft)
1iou of lhc Unilcd S~ to any interoational
in Elousc .
Refoncd to Uol&SC CommiLt~ on
01104/95
Lt
D
z
01/04/')5
Btl!1
km& ;\i,d Financial I~ ihrtions
fj~ial i.nslihllion lhM fomimcs any as-sis••ncc or ti 1iy kind ~ Cutia
en
...
0..0
I.D
en
Co1mlrics ahat import sugar, syrups, And Dm.-llafa11 (R-fl .)
mt1lasscs from C'llbe shaU 1101 he allowed 10
Ii, llousc
e>1 ~tt s11eb product!. the Uftfled S1111es.
"No Co-sponsors
,&
Rclcrrcd lo llollsc Commilk.: on
Ways and Mca11S
01/04195
...
rv
U1
en
ftomClllia
-u
3
11 .R.
367
Rqx:.it of lhc Cuban
Democu~y I\~ of
\')<)2
Rc:pc11l 1iac Cuban l}ea,lOCJl!C)' ACl of l 992
Serrano (0-NY)
in Home
H-l)
0-R
2-1
Refrn-ecl 10 [loime Comm ltlec 1>11 ln1 -.icxiru1I Rdalions
er
0(/04/1}5
-u
co
�.
·,
RELEVANT PROVISIONS
lllL1.r SUQRTICTL6
Sf0N50R
CO-SPONSORS
STATUS
l>ATR QF LAST ACTION
.,
~
0-D
12-R
foilllly rcfm'Cd 10 lhe House Com-
01/1319~
;;o
II.R.
Freedom ;nil Scfr·
l.Jc:lcrmioarion for
lhc Fonner Sovk:t
Unior11\ct
fottign ~ ro R115-Si• if RlWia
provides intdl~nte ittfCNmatron lo Cllb.l or
lechnic.M ~ rdatin~ tQ the signal in,ctlig~ racili1y al Loordcs
Solotaoo CR·:):IY)
Sl?
~rec Md lndqx:nd,::at Cuba Assi st1:1ntc
Provide ~ e lG -a 1rrm:silioo:J ood
4.'.cn1ocrntic Culmt Govcmmc11l
Menendez <D~)
.4
:.·
~
:. i
H.R.
611
IJeR)'
11oosc-
{n
ln
llll
88)
lkouJi . ·
Rangd'(~ff\S
· IJ -D
O·R
.
H.R.
Cuban J.ibctty M)d
n1
Dt~atic Soil<18ri1y A« of 199~
:
7-R
i1tf~c\
Rc1!C::1l !he cmbi.rto on lmde witla Cub:,
·.,,
~
11-D
~.: :..
fr-cc Trade With
CnbaAcl
Omnihos kgisL'liion aimc•1 31 st,c:nglbcning
lhe <mibargo. p:olct1ipt: U .S. fl~Y rigks
atlroad, 21ml ptovimng for as..<islancc 10 •
0
!Y
....
the Co1T1111il'lee on llimkrng 3IMl Fi·
ooncr:tJ Stlvk:c.s
.. : .• .,
J\,;l
mittee on h1rcme1ional Relali0tts and
:~
:~-.
Burton {R-JN}"
l 11 1wusc'. ::
9-1>
3'1. Jl
:J
If)
Joir1dy referred to 1hc HMtSc Commitkes on lnt<:mationul R.dac~.
W.iys and Me.'lri$, Ut1n lliug and fi001,d..'\J Sa-viecs. ;tnll Agric:na.u,e
01120/95
JoinUy referred ro d,c Commiltccs
on Jutenmtioaal Rtlntions, Ways
:md Mca,is. <..ommcrcc., and GoYat1mcn1 Reform mw O'fmighl
02IC1'Jf9S
l';i::s.::d s:; im1~11ded ia 11tc Uomc; inlrndn~ mid p~d .lS :.wn~,led in
Scnak; Confrces sekdcl
l2/l4195
transitional -a111l tltmotrat[c Cuba
IJ.R..
125~
1.561
m
Rqel {D-NY)
2-D
In House
0-R
American ~rscas P~ mpoosibilily for TV imd fuulio Mimi
lmcrc.su Act of 199S ,mcler lhc Dcp:i,tmuit of Stare :and deny aitl
GJ&.r.:an (R-NY)
t\ct ofl992
B.1t.
-1
tlcduce limi\alions on cqH»1ing food en<t
rncdidnes lo Cuba atMI cJiminllk denial of
ftlfCtgn m crcdil rih reg,m1 to Cube
An1C11~n1 lo tlte
Cuban l>tmocr.icy
No Co-sponsors
In HDils:e
10 forcig11 govcrnmc11~ providing assisl:uu:c
Joinlly rcfcs-rc,J Hl House Cofllrnilk:e
cm Jn1crna1ion11l 1lelatlons llml Commiltcc on Wi,y5 :tnd Means
03/15.19S
raSSC'I, in lfo11si.: as. 11mcmJcd; inrmdvcro ~nt.l pa$~ in Scnllfc; Confer,:.~ 3J>poi lltcd
12/l4r.l.5
Aillelldmcne 10 Ille
Foreign Ass;slen~
r
0..0
......
.t::>
~
--J
(Jl
U)
(Jl
1e>Cftba
11.R.
l.700
0
:J
I\)
/1.llow for ~xport (t{ IDCl:lit.inc.s and mw,cal
strpplics, ~r,d ~ivmci1r lo Cuba
~c:r ( [)-l'fY)
16-D
Referred to IIOl1sc Como1inee 0.11 h11-
In Bt>DSC
0-R
letnroiciri.1l Rewi~
8-1.>
Referred~ B1;m~e Commiltt.c on b\\cmntrOM! Rcliilions
OY24/9.S
l\tl
. I
j·tR.
bs~bli~hmimt l}f
1703
JCl.'-'S
. ·<
Cuba end l1ie Ul>ilcd
~- ;~~
. ·i
1>11~us i11
~~
c•
:\!~~ fo~
JCJ1t1S b1
.::s,at,l~x:nf of news tJU.
and ltte Uniicd Stales
Serrat1-0
\D-NY)
O·R
bHousc
0512419S
~
en
Stales
H.R.
t704
Reinstate th~
aathormlion of CAsb
rcmill tnceS lo Cuba
H.
Con.
Res. 24
Com::ormil
Rt.solutiori
~
......
Rcinsf11tc tbe aulbori2a1ion of C3Sll n:milunccs to faniily mcmlicis in Cvba
Sc,rraoo ll>-NY)
la House
it
~lli11g oo Ifie l'n:sidc:ilt of lhi: U.S. to seek Diaz-B:.lar! fR·Fl.)
II mandatory mtunMiQMI c::mllargo 00 Cuba
l11 House
in nae Unikd N:ttions ~cwity C..Guncil
~~~· :.
u~ Comm ii tee on hi-
8-D
Referred
O·R
().S/24/9S
10,mtiortal Rela1ions
10
0..0
0..0
en
......
No C0-sponsors .
'°
Rt?fc,rro HottSe Colnnli11c1: on'"·
((tnalional Rc.~ iom.
I\)
{J2/07/95
(Jl
--J
-0
3
-0
0..0
,:::
�FROM
Robinson
TEL: 914 337 5952
JAN. 6.1996
12:57 PM
P10
\ r .~ ,
,, .
d '' '
.
...
·''
Major Provisions of ·HR 927 Draft Conference Report
(emphasis on changes from House passed version)
•
Findings
Standard stuff. No changes from House passed version.
Purposes
Nothing earth shattering, Senate passed language.
Detlnlt1ons
Reference to Ways &. Means eliminated from appropriate congressional committee
definition.
Definition of "official of the Cub.an government or the ruling political partr in CubaH
narrows the property tha.t is subje~. to the r}ght of ~cti~n in .Tit/(i Ill. Exempts a( residen~ial
property unless there rs a certrfred cla,m or It ,s:: being used by a high ranking
government/party official.
Title I
Sec. 1 O1: House ·a'nd Senate language nearly identical. On~ significant change .is ·that it · ·
srntes th~. · anx . ou~rnigratiori qr any operatioo of Cienfuegos nuclear facility should be
!
cdniidefed an act"dfa·ggressiori by Castro.
i :•,, /,· ,', ; ,:-,:,:·,l ,) ''.
:.1)Wf:,:. •:'·'
1."·., ; ; ' ;
· . · • ,v .•· ' : ., ·. · ·· .:
·
' · · . '•
,·
·
.~· · ' , _:.l,; ,, ' ·' ·'. ·,~· ~; ·, : ~,
··~ •,
Sec. 104: Walks ba.ck from House position of supporting Cuban membership in !Fis during·
a transition. Allows President to support Cuban application during transition as long as it
doesn't take effect until a d~mocratically elected government is in power.
Sec. 109; Adds provision mandating thatthe President t~ke all necessary steps to ensure that
democracy assistance does not reach the Castro government. Provision could jeopardize
President Clinton's October 6 policy.
Sec. 110: Restores essentially empty rhetoric on Cuban sugar importation. Ways & Means
objected to ~
imilar language in HR927 when it was being considered in the House.
Sec. 112: Sense of Congrass langu.age on restoring unrestricted family travel and remittances.
Urges President to demand certain actions by Casuo government before restoration.
Sec. 114: Hopelessly complicates the issue of redprocal news bureaus by insisting that
Radio & 1V Marti be allowed to operate within Cuba without interference from the Cuban
government. In effect makes U.S. once again responsible for blocking establishment of news
bureaus.
Title
n
Sec. 20S: Merges House and Senate constructions on criteria for determining whether a
transition government is in power. Sets numerous hard criteria: all political activity legalized;
all political prisoners released; security apparatus dissolved; committed to free and fair
,
:,; ' ,._.::-.
�FROM: Robinson
-
TEL: 914 337 5952
JAt". 6. 1996
12: 58 PM
P11
!
,.;;;;:;.;,,c:..::,,~------·-·r:-,--,_,,,_,,,_-·
,
'
<
elections organized for .within_ years; ceased Interfering with the Martis; Fidel and Rau!
Castro ·excluded; pubfic commitments and demonstrable progress ·made to estabfish
independent judlcia,y, resp~ct internationally accepted human rights, . and allow
establishment of labor unions; given adequate assurances that it wifl allow the speedy and
efficieot distribvtion o( assistance. Sl'!ts out further "factors to be considered", including:
effective guarantee of freedom of speech; reinstatemerit of citizenship to Cuban-born
national retum ing to Cuba; assurance of right to private property; taken appropriate steps
lo return or compensate U.S. citizens for expropriations; extradit< all persons sought by
~
U.S. law enforcement; and permitted deployment of human rights monitors.
Sec. 206: Retains conditions in Sec. 205, while adding those found in the House passed
Sec. 206. Retain ing 5¢C. 20S means that while the Congress hails the right to self~
determination of the Cuban people it won't provide assistance to those people lf they we re
to choose Fidel or Raul Castro as their leader.
Title
m
Sec. 302: Contains several modifications that give an advantage to the 5,911 certWed
claimants in cariying out the right of action:
(1) Rights of action takes effect for certified claimants- 6 months from date of
enactmenti does not take effect for the non.-certiried until two years later.
(2) Gives certified claf man ts immediate recourse to treble damages in bringing their
right o( action, requires non-claimants to give those whom they wlll sue 30 days
prior notice in able to seek treble damages.
I
.
I
·(3~,-Establishes~
pdority. payment to certified claimants if courts ·,decide {(l,.C0n$.Olicl.au~,r ~,· ''. .,.·.,·.·.,. ,.··: 1,:,·
· ,. · · J·u·,J..,e.,...er1ts ··,,,1· ,,., · •1 •• • ' ' ., . ,. ·' • · · • · ..
•1 ,,. · •. • · ·- ·· · ··. • • ,.., •• •• , •• ~ ~, .·,·1(, 1'• ·1·· '· •• " ,.., ( ·,. · ·
, ..
Uo
,q
,:
·,i
,
111
•
.'
.
• .
,, ··< ' "
' '
, .
'
'r
.
I
'
~.
I
.. . . ' ,. ,
: · :1 • -,:· .
•
•, ,
' 1
' /f J (.,... ,{.
Establishes $50,000 threshold of amount in controversy for bringing a case. Does not specify
whether the $50,000 figure is the value at time o( expropriation Qr today. ·
or
Allows suspension
right of action once a transition is in power - subjed to President's
discretion. Terminate right o( action, but not pending lltigatfon when a democratic
gov~rnment comes to power.
Mandates the establishment of a filing fee for the exercise of the right of action.
Title IV
still in controversy
I'·
.
l... ;: ·1 ;· " •
.
,r
�
Dublin Core
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
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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>
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DI-1286
Title
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Letter and background information about arrangements for a trip to Cuba from J. Bernard Robinson of the ABC Forum on Cuba, Inc. to John Weinfurter, Congressman Moakley's chief of staff.
Date
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6 January 1996
Creator
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Robinson, J. Bernard
Description
An account of the resource
Includes information about travel restrictions and other aspects of US foreign policy regarding Cuba.This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
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 98
Type
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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
Cuba -- Foreign relations -- United States.
Rights
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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
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<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/f5ddc4002dc4ca28a36ce890479a8312.pdf?Expires=1712793600&Signature=tZA1qooLvftGurvnDlOT4EzDCKxxWetwd1lP6qdEhQtkzENOpvarf1iZUNDyb15JCNUxM1CNgHm6HzQ-7XzbRvwLWqTeP82Gc%7EESVNcfByqJq0roxFXcKy7p4qtD0pc4SJuthybC7hDBPPAUyczBZMOeNb3g-K4vmzQv0xqcGNwkA%7EDEJR1Tl46zfrVz1T%7EpF69gCe5xIIfLblgkf5sWojyRMGdRNvhUIGg9ZKt6X9m9gQ%7EroUXXlgI5K8HYsvW6ZNwj1L6BTMHDfA-BNL4KptjifPYt52Gvarei4LA5qUmSWMTwUVjYuEAO--iiU1SYG%7E1vb9iZzY2nkN-7pbCjSg__&Key-Pair-Id=K6UGZS9ZTDSZM
b4460e04f6a832bc03497f3a52576e69
PDF Text
Text
ABC FORUM ON CUBA, INC.
113 Fourth street, S.E., Washington, DC 20003
Tel.
(202} 543-3210
Fax (202) 543-5177
Friday, January 12, 1996
Mr. R. Richard Newcomb, Director
Office of Foreign Assets Control
United States Department of the Treasury
1500 Pennsylvania Ave. N.W. -- Annex
Washington, DC 20220
By fax to: 202/622-1759
Dear Mr. Newcomb,
Thank you, Mr. Pinter and your colleagues for meeting with Mike
Ryan and me this morning so that we could respond to Mr. Pinter's
letter of January 4 re License C-18167 and report in detail about
our advance trip this week to Cuba for the purpose of finalizing
arrangements for the conference on the "United States and Cuba: A
New England Perspective" which is to be held in Havana, Cuba
between Tuesday, January 16 and Friday, January 19, 1996.
Should our request for the conference license be granted and if
it is permissible within the license, I plan to leave my home
(ph: 914/337-5096, fax: 914/337-5952) about 5 pm on Saturday,
January 13 -- fly to Miami Saturday night -- and then to Havana
on Sunday, January 14, to work with Ambassador Sullivan's staff
at the U.S. Interest Section; Roberto Dominguez Homerlein,
DPTO.EEUU in the Ministry of Foreign Affairs (who is coordinating
Cuban Government participation); and Eric Splinter at the Hotel
Nacional to finalize & reconfirm logistical arrangements for the
conference.
On Sunday evening, January 7, when Jim McGovern, Senior Aide to
Congressman Moakley, Mike Ryan and I arrived in Havana,
Ambassador Sullivan and his staff met with us at the residence to
brief us and to discuss how best to make the most productive use
of our time in Havana this past week.
Ambassador Sullivan's staff kindly assisted us in arranging to
meet with the following individuals:
Dr. Rolando Suarez, Caritas Cuba
Martha Beatriz Roque, Institute for Independent Economists
Julio Suarez, Independent Press Bureau of Cuba
Gustavo Arcos, Cuban Committee for Human Rights
Rene Gomez Manzano, Agramonte Current (lawyers' association)
Vladimiro Roca, Socialist Democratic Current
Dr. Jose Miller, Jewish Community Center
Grand Master Heriberto Saborit, Masonic Lodge
Alejandro Nieto, Evangelical League of Cuba
Leoncio Veguilla, Western Baptist Conference
Eilzardo Sanchez, Cuban Commission for Human Rights and
National Reconciliation
�Felix Antonio Bonne, Grupo de Reflexion Corriente Civica
Cubana
We also met with Father Orlando, personal secretary to Cardinal
Ortega, and were briefly introduced to the Cardinal.
The meetings we had with Cuban Government officials this past
week -- in addition to the multiple meetings with Roberto
Dominguez and members of his staff -- were:
Ricardo Alarcon de Quesada, President of National Assembly
Carlos Martinez Salsamendi, Chamber of Commerce of Cuba
Our final session in Havana was with Ambassador Sullivan and his
staff, beginning at 11:00 am on Thursday, January 11, for an
extensive review of the past week's activities and an in-depth
discussion of all arrangements and plans for the conference
beginning on January 16.
We advised
Washington
during the
Government
the Cuban Government officials in Havana and in
that we intended to meet with a wide range of Cubans
advance trip and during the conference. The Cuban
has not placed any restrictions on our activities.
Attached is a list of all conference particpants, their
organizational affiliations and their experience in activities
that demonstrate the capability to provide support for the Cuban
people.
The conference agenda is:
Tuesday, January 16
12:30 pm
1:30 pm
4:00 pm
5:00 pm
6:00 pm
7:30 pm
Check-in at Miami Airport
Depart for Havana on Gulfstream flt #263
Check-in at Hotel Nacional in Havana
Briefing for Conference Participants by U.S.
Ambassador Sullivan and staff at the Ambassador's
residence
Reception at the Ambassador's residence for all
leaders on the Cuban nongovernmental organizations
Dinner with the Ambassador at the residence
Wednesday, January 17
8:00 am
9:00 am
10:30 am
12:30 pm
2:00 pm
Breakfast at Hotel National
Session with Roberto Robaina Gonzalez
Ministry of Foreign Relations
Visit La Casa Del HABANO and tour cigar factory
with Abel Exposito Diaz, Gerente (33-8060)
Lunch session with Jose Luis Rogriguez Garcia
Ministry of Economy and Planning
Session with Francisco Soberon Valdes
President, National Bank of Cuba
�3:00 pm
5:00 pm
8:00 pm
Session with Ricardo Cabrisas Ruiz
Ministry of Foreign Trade
Session with Group of 7 of Concilio Cubano
Martha Beatriz Rogue, Gustavo Arcos, Rene Gomez
Manzano, Vladimiro Roca, Elizardo Sanchez, Felix
Antonio Bonne
Dinner with Spanish Ambassador at the residence
Thursday, January 18
8:00 am
9:30 am
11:00 am
12:00 pm
2:00 pm
4:30 pm
6:00 pm
8:00 pm
Breakfast at Hotel National
Audience with Cardinal Ortega at his residence
Session with Ricardo Alarcon
President of National Assembly
Lunch with Ministry for Foreign Investment and
Economic Cooperation
On-site visit to highlight micro entrepreneur
project with Dr. Rolando Suarez Cohiban, Director
Caritas Cubana
Visit with James Arena DeRosa and Oxfam America to
agricultural project
Reception at Hotel Nacional for Cuban officials
Dinner at Le Tocorroro
Friday, January 19
7:00
9:00
10:00
11:00
am
am
am
am
Breakfast at Hotel Nacional
Press Availability in VIP lounge of Havana Airport
Depart for Miami on Gulfstream charter flight
Arrive Miami International Airport
We are continuing the effort to ensure full compliance with the
Treasury Department license rules and regulations. Our efforts
include the fact that the conference registration form, which is
signed by the participants, states clearly that this is a USG
licensed project under the 515.574 Support for the Cuban People
regulations. Each participant receives a copy of the license with
a cautionary communication from us along with a copy of OFAC's
"What You Need To Know About The U.S. Embargo" dated 10-23-95.
During the flight from Miami to Havana on Jan. 16, Congressman
Moakley and his staff along with Mike Ryan will review with all
delegates the license rules. We have also asked Ambassador
Sullivan's staff to review these issues during their briefing.
As we plan to conduct additional such conferences in the future,
we will continue our efforts to conduct this entire conference
well within the spirit and the letter of the licen~e and
guidelines as you have kindly explained them to us.
During our meetings with Cuban NGO leaders and with Ambassador
Sullivan this past week we made a studied effort to learn about
and discuss practical ways and means of providing assistance to
them through activities in the US that can be licensed.
For
example, we have offered to help organize a U.S.-based 11 501
(c) (3) 11 concillio Cubana entity that can enlist resources and
�channel them to Cuba after obtaining the required Treasury
Department licenses. Another good example is the possibility of
assisting the Caritas organization by providing professional
trainers who are capable of helping Caritas teach new small
business owners how best to develop their organizations
successfully and profitably.
Our ongoing discussions with the conference registrants
underscore the reality that as these U.S. public and private
sector leaders learn first hand during the conference of the
needs and "wish lists" of a multitude of Cuban-based NGOs; their
willingness to provide Support for Cuban People will produce the
resources your guidelines anticipate and that these individuals
and organizations need to fulfill their mission.
We genuinely appreciate all the efforts you and your colleagues
have made to direct and guide us during this process.
If additional information would be helpful to your consideration,
please call.
As agreed, should the conference license be issued we will report
in person immediately after our return and also submit a written
report on the Conference and our plans for follow up.
cc:
Mr . . Michael J. Ryan; President of ABC Forum On Cuba, Inc.
�
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
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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>
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Identifier
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DI-1293
Title
A name given to the resource
Letter from Letter from J. Bernard Robinson of the ABC Forum on Cuba, Inc. to R. Richard Newcomb, U.S. Department of the Treasury regarding a planned trip to Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
12 January 1996
Creator
An entity primarily responsible for making the resource
Robinson, J. Bernard
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
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 99
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
Cuba -- Foreign relations -- United States.
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.
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<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
-
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84ffc826a7933494a4735815edbd7b84
PDF Text
Text
NOU-28-95 11:51
PAGE:02
T0:0000000000
FROM:
PLEASE RESPOND TO:
COMMITTEES:
2440 RAYnUAN 8UILOll'fG
D
INTERNATIONAL RELATIONS
DC ~0515-Q~lH
1202) 22~-3931
WAB>ONC'r'oN.
GOVERNMENT REFORM
DISTRICT OFFICE:
CHA>l'IMAN:
SUBCOMMITTEE ON
AFRICA
VICE Ct-lAIR:
SUBCOMMITTEE ON
WESTERN HEMISPHERE
Qtongress of tbt 11nitcb ~tates
Jt,ouse ot 3L\tprt~rntattbes
5757 BLur. i.AGOO" 0AIVE
0
(NW llT• $TAEET)
Suor, l40
MIAMI,
FL 33126
1305) 262-1600
!LEANA ROS-LEHTINEN
,a·rH OtSTRICT, FLORIDA
October 26, 1995
The President
The White House
Washington, D.C. 20500
:~:.:.:,
Dear Mr. President:
I urge you to deny a visa to travel to Cuba to a member of Congress who has repwtedly
accepted an invitation by Cuban tyrant Fidel Castro to travel to the island and who statetf-that he
intends to take US businessmen along with him on rhe trip. This trip does not fall undeijhe
guidelines which rule travel to Cuba and issuance of visas would contradict your own rv:,
Administration's public pronouncements to enforce the embargo against Castro.
lt is important to make clear that the United States will penalize anyone who willingly
violates the embargo toward Castro. Furthermore. the possible presence of businessmen on this
trip clearly shows that it is an attempt to lobby the United States government to lift the embargo
so their businesses can take advantage of Castro's new slave economy.
This case is a clear cut opportunity for your Administration to signal that your support for
the embargo are backed by actions not only words.
Once again, I urge you to deny visas to this member of Congress and his travel associates
to Cuba. Your urgent attention to this matter will be great I
reciated.
Member of Congress
cc:
The Honorable Warren Christopher
Mr. Richard Newcombe
�
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-1307
Title
A name given to the resource
Letter from Representative Ileana Ros-Lehtinen to President Bill Clinton urging him to deny travel visas for the congressional trip to Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
26 October 1995
Creator
An entity primarily responsible for making the resource
Ros-Lehtinen, Ileana
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
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 8 Folder 85
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
Clinton, Bill, 1946-
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
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<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
-
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e8df034a0b087aac25982267fd9c2908
PDF Text
Text
~ongrrss of tbt 1tnittb ~tatts
Da~bington. ]JBqt 20515
January 17, 1997
Dear Colleague:
You recently received a letter from a colleague calling for the repeal of both the Cuban Democracy
Act of 1992 (known as the "Torricelli Bill") and the Cuban Liberty and Democratic Solidarity Act of 1996
(known as "Helms-Burton Law"). We are confident that you are familiar with these two pieces of
legislation and, most importantly, with the issues affecting the Cuban people and U.S.-Cuba relations.
Nevertheless, we feel compelled to clarify certain inaccurate statements made concerning the content,
purpose, and effect of the sanctions against the Castro dictatorship.
First and foremost, both initiatives conform to and further the objectives of U.S. foreign policy.
They are real, tangible instruments used to help promote respect for human rights and basic civil liberties in
Cuba; to support democratic political reform; and, most importantly, to demonstrate to the Cuban people
that the U.S. will not contribute to their oppression by providing a lifeline to the Castro regime. It
emphasizes that the U.S. is more concerned about the future of the Cuban people than it is with increasing
its profits or its foreign investments that help to further entrench Castro; that it will not allow its citizens or
its corporations to benefit from the continued subjugation of the Cuban people.
Only one thing, one person, is responsible for the suffering of the people in Cuba -- Fidel Castro.
Let us not be fooled into believing that the Cuban people are starving as a result of the U.S. trade embargo.
The Castro regime has always had access to other markets, yet the people on the island are living at subpoverty levels. Today, non-U.S. investors provide a considerable influx of funds into Cuba, yet these never
find their way to the Cuban citizenry. As if these facts were not enough in and of themselves, it should be
emphasized that the embargo legislation includes provisions exempting humanitarian assistance from its
prohibitions.
Helms-Burton specifies that economic sanctions may be lifted by the President upon the occurrence
of fundamental conditions, of which the essential ones are: the legalization of political activity~ the
liberation of all political prisoners; and the announcement by the transition government that free elections
will be held in Cuba in no more than 18 months. As the history of democratic transitions from totalitarian
rule has shown, these conditions will be essential to the democratic transition that the Cuban people
deserve.
Lastly, before any decisions are ever made concerning reconciliation and dialogue with the Castro
regime, the views and opinions of the Cuban people should be considered -- not those of individuals offered
by the regime and coached to speak in sound bites and official rhetoric, but those who are persecuted or
punished for their political ideals and beliefs. The vast majority of the Cuban people supports and respects
the U.S. for taking a stand against the Cuban dictator and for supporting the reestablishment of freedom,
liberty, and justice for the people of Cuba.
The U.S. has, in fact, assumed its leadership role guided by a moral and just foreign policy in the
form of the Cuban Democracy Act of 1992 and the Cuban Liberty and Democratic Solidarity Act of 1996.
We thank you once again for your support of the right of the Cuban people to be free.
'
Robert Menen ez
Member of Congre s
Chairman, Committee on
International Relations
Chairman,Subcommitteeon
International Operations and
rnc~-.:~..IJI;•;==-Chairman, Committee on
Government Reform and
�
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-1317
Title
A name given to the resource
Dear Colleague letter from Representative Ileana Ros-Lehtinen and others in support of the Helms-Burton Cuban Embargo bill (H.R. 927) and the Cuban Democracy Act of 1992
Date
A point or period of time associated with an event in the lifecycle of the resource
17 January 1997
Creator
An entity primarily responsible for making the resource
Ros-Lehtinen, Ileana
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
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 8 Folder 85
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
-
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88c780f82d511c62648e5955642b7271
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ABC FORUM ON CUBA, INC.
113 Fourth Street S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543-5177
January 2, 1996
Mr. Steven I. Pinter, Chief of Licensing
Office of Foreign Assets Control (OFAC)
United States Department of the Treasury
1500 Pennsylvania Avenue N. W.
Washington, DC 20220
By fax to: 202/622-1657
Dear Mr. Pinter,
Thank you very much for your thoughtful communication of December 29,
1995. This letter provides the infonnation requested to enable your office to issue
the ABC Forum On Cuba, Inc. a license for an advance trip to make final
arrangements for the January 16-19 conference called "The United States and Cuba:
A New England Perspective."
The objectives of the January 16-19 seminar are to:
1.
educate and update participants about the latest developments in U.S.-Cuba
relations, consider ways to encourage improvement in these relations and to
promote the cause of peaceful, democratic change in Cuba;
2.
identify specific ways participants can play a more active role in
strengthening and fostering civil society in Cuba and increase significantly
the flow of information to, from and within Cuba;
3.
have substantive meetings with individuals and non-governmental
organizations to identify the technical assistance, training, financial assistance
and commodities that can be committed by US organizations to promote
independent activity intended to strengthen civil society in Cuba;
4.
engage in visits to locations where free market principles are at work to
assess the extent of free market reforms and how best to encourage their
consistent development; and
�2
5.
identify opportunities for the promotion of independent economic activities
involving the self-employed, private farmers, young people interested in
training to become entrepreneurs and others~
The latest, tentative list of conference participants includes:
Peter C. Aldrich, Co-Chairman of Aldrich, Eastman & Waltch
John Pattillo, CEO of Aldrich, Eastman & Waltch
James Arena-DeRosa, Director of Public Advocacy, Oxfam America
Michael Delaney, Regional Manager LA & Caribbean, Oxfam America
H.D.S. Greenway, Editorial Page Editor of The Boston Globe
Richard Hartman, President North American Division of ITT Sheraton
Kathryn A. Burns, Director Corporate Development of ITI Sheraton
Larry Kessler, Executive Director, Aids Action Committee of MA
Anthony E. Malkin, W&M Properties, Inc.
Jonathan Malkin, President, Malkin & Co.
Sydney L. Miller, President, Hany Miller Company, Inc.
Hon. Joseph Moakley (MA)
Jim McGovern, Senior Aide to Congressman Moakley
John Weinfurter, Administrative Assistant to Congressman Moakley
Gilbert S. Peirce, Vice President & Director International Banking, Bank of Boston
Brian G. Rothwell, President, Bay State Milling Company
Michael J. Ryan, President, ABC Forum On Cuba, Inc.
J. Bernard Robinson, Counsel and Board Member, ABC Forum On Cuba, Inc.
Isaac Shafran, Director, Louis Berger International, Inc.
Regina M. Villa, President, Villa and Associates
For the advance trip, Jim McGovern, Bernie Robinson and I will arrive in
Havana from Miami (C&T charter flight# 8607) midday Sunday January 7, 1996
and will return to the United States on or before Thursday January 11.
During this advance trip we will meet with officials of the U.S. Interest
Section in Havana, officials from the Catholic Church, The Cuban Commission on
Human Rights and National Reconciliation, Concilio Cubano, CARITAS, Oxfam,
and with Cuban government officials. Our activities during this advance trip will be
focused on finalizing arrangements for the January 16-19 Conference in accord with
the Conference objectives set forth above and conducting an on-island assessment
to develop specific proposals which support for the Cuban people.
�3
During our advance trip, we will organize Conference panel discussions
highlighting Oxfam America's partnership with Associacion Nacional de
Agricutores Pequenos. We will also arrange meetings among management experts
who participate in this Conference and fledgling Cuban business owners and
between the Boston Globe's H.D.S. Greenway and independentjoumalists. These
and related Conference discussions will promote the purposes of the Support for the
Cuban People regulations. The resulting media exposure for the showcased
activities will enlist additional active supporters.
It is our short and long tenn goal to continue complying with US Government
laws and regulations in order to increase support for the Cuban people, to promote
civil society in Cuba and to encourage additional proponents of peaceful democratic
change in Cuba. We believe that progress towards these goals can be achieved
through dedicated educational efforts by organizations like the ABC Forum On
Cuba, Inc. New advocates and activists can be effectively enlisted through seminars
such as the one we propose from January 16-19.
The tentative list of participants set forth above are precisely the quality and
caliber of leaders and experts needed to stimulate private U.S. organizations to play
a more active role in strengthening and fostering civil society in Cuba. The
proposed Conference will educate the participants and observers, which will make it
much easier for them to become active thereafter.
If you require more infonnation to issue the license for our advance trip,
please contact me at your earliest convenience at (202) 543-3210.
We very much appreciate the advice and counsel you and your colleagues
have provided us. Please let me know what additional information would be helpful
to your collective deliberations concerning our request for a license for the January
16-19, 1996 Conference.
Sincerely,
�
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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>
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Identifier
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DI-1285
Title
A name given to the resource
Letter from Michael J. Ryan of the ABC Forum on Cuba, Inc. to Steven I. Pinter of the U.S. Department of Treasury seeking a license to travel to Cuba.
Date
A point or period of time associated with an event in the lifecycle of the resource
2 January 1996
Creator
An entity primarily responsible for making the resource
Ryan, Michael J.
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
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 98
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
Cuba -- Foreign relations -- United States.
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.
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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
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aba57f5c4c3402364f88069666f802d7
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Text
Jan-06-96 07:20P Am Bus Council
on Cuba
(202)
543-5177
ABC Forum On Cuba, Inc.
113 Fourth Street S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543-5177
Facsimile Transmission Sheet
To:
FaJ, #:
From:
Jow ld€11o1rw2.mz -
o.ffi'M:!J:;3m,~
~z_.. Zt'i· 3~&'(
Michael Ryao
Date:
Re:
Number of Pages Including Cover Sheet___ _
(
P.01
�Jan-06-96 07:20P Am Bus Council
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P.02
ABC Forum On Cuba, Inc.
113 Fourth Street S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) .543•5 l 77
E-mail: cubacouncl<r.i?aol.com
MEMORANDUM -- Friday> January 5, 1996
TO:
Conference Participants
FROM:
Michael Ryan
JAR
SUBJECT: Jan. 16-19 Conference:
US-Cuba: A New En"land Perspective
As you read in Congressman Moakley's January 4 memo the federal workers are back on
the job and he will fully pa1ticipate in the January 16-19, 1996 Conference in Havana.
We are also happy to report that the Treaswy Department has issued the requested license
for Jim l\,fcGove~ Senior Aide to Congressman Moakley, Bernie Robinson and me to be in
Havana between Sunday, January 7 and Thursday, Janua1y 11 to finalize arrangements for
the Conference; a necessary step for the issuance of the Conference license.
For your review, we are enclosing a copy of the license for our advance trip, and the
accompanying Jetter from Mr. Pinter of OF AC dated January 4, 1996. Please read these
materials carefully and call us with any questions or comments.
We are also preparing a briefing packet for each Conference participant. If you have any
special requests for information related to the trip or the Conference, please fax your request
as soon as possible to ABC-~ Attn.: Susan Trabucchi at (202) 543-5177.
If there are individuals with whom you want us to meet during my January 7-• l l advance
trip, please fax me their contact information in Havana at the Hotel Nacional (011 53 33
3109). A1tematively, you could directly advise your Cuban contacts to telephone me at the
Hotel Nacional at (53 7 33 3564)
Flight and Hotel Information:
Conference registrants will depart from the Miami International Airport on Tuesday,
January 16. Please check-in at the Gulfstream International counter with your baggage and
passport. NO LATER THAN 12:30 pm for the Charter Flight taking our group to Havana
that departs at 1:30 pm. We will present you with yom Cuban visas at the gate. The
Gulfstream International Airline counter is located on Concourse F and is a part of the
United Airlines counter. If you wish to directly check your bags to the charter flight,
notify your air carrier that it is Gulfatrearn Airlines 3M Flight 263 from Miami to Havana.
The alternative and more secure method would be to simply check your bags to Miami and
personally recheck them at the Gulfstream counter.
�Jan-06-96 07:20P Am Bus Council
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Page 2, January 5, 1996
ABC Memo to Participants
Return Flight: We will retwn to Miami on Friday, January 19 departing Havana at 10:00
am. This flight should arrive no later than 11 :30 am. We suggest that you schedule
connecting flights for I :00 pm or later.
Accommodations: The Conference will take place at the Hotel Nacional in Havana. We
will assign rooms at check-in. Since long-distance telecommunications agreements have
recently been signed between the U.S. and Cuba, there should be no trouble pladng or
receiving telephone calls. The Hotel NacionaJ's numbers are : Tel. 011 53 7 33 3564, Fax.
011 53 33 3109.
INFORMATION WE NEED FROM YOU!
If you have not already done so, please FedEx or fax (202) S43-5 l 77 the following material
to us ASAP. Please ensure that we have the information and the full conference registration
payment in our offices no later than Tuesday, January 9.
I)
Conference Registration Form
2)
Passport Information for Visas: We must have a copy of the first two pages of your
passport containing yom picture and personal information in order to obtain your
Cuban visa.
3)
Personal and Organizational Background Information: Please provide us 2-3
concise paragraphs of biographical information on you and related infonnarion on
your organization. If you and/or your organization have contributed to significant
philanthropic, hwnan services or human rights activities, particularly in the
Caribbean or Latin America, please let us know. For example. some of you have
made recent contributions to the University of Central America in El Salvador. Since
this conference is about supporting the Cuban people, please consider adding
information about ways in which you or your organization might be able to support
the Cuban people.
For guidance on this, please read carefully our January 2 letter to the Treasury
Department which provides examples of the kinds of support which the current U.S.
regulations encomage and license. For further guidance, please consult Bostonbased Regina Villa at (617) 357-5772
If you have other questions please contact ABC's Susan Trabucchi at (202) 543-3210 or
John Weinfurter in Congressman Moakley's Office at (202) 225-8273.
�Jan-06-96 07:21P Am Bus Council
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P.04
DEPARTMENT OF THE TREASURY
•
W"SHINGTON, O.C. 20220
JAN O4 1911B
c-18167
Dear Mr. Ryan:
This is in response to ~our let~er ~f January~, 1996~
suppl&m&nting your earlier application for a license 1n
conjunction with the sponsorship of a conference in Cuba called
uThe United states and Cuba: A New England Perspective. 0
Following a meeting between you and others and representatives of
the Department of state and the Office of Foreign Assets Control
on Friday DeeambQr 22, 1995, you provided additional information
concerning the purpose of the eonference as well as a list of all
u.s. participants. In addition, you provided a list of Cuban
organizations that you intand to meet with in Cuba during the
advance trip, now planned for January 7 through 3~nuary 11.
section 515.574 of the Cuban Assets Control Regulations, 31
c.F.R. Part 515 ( the "Regulations"), is intended to authorize
transactions that will provide support fo~ the Cuban people by
strengthening and fostering civil society and promoting
independent activity. You have indicated that the conference
objectives are consistent with the purpose of S 515.574. For
this reason, we have determined to license the advance trip. A
final decision on the authorization of the conference itself will
depend on the outcome of your advance trip.
Upon your return and baS8d on the advance trip, please submit
additional information about the conference and about how you
believe it can help promote civil society in Cuba. You should
bear in mind two important considerations in this respect:
first, participation by Cuban organizations such as those you
describe in your letter of 3anuary 2, 1996, is essential.
second, it is important that each U.S. participant understand the
specific purpose of the conference, not regard it as an
opportunity to engage in business discussions which are not
contemplated by the Regulations, and be able to demonstrate his
or her philanthropic interest as a potential sponsor of
licensable activities.
We would call to your attention the Administration 1 s guidelines
on support for the Cuban People (enclosed), particularly the
section on applicants• capabilities and accountability. This
~eetion states, "(A]n important factor in licensing
determinations is the degree of assurance that the (United states
Government] can have that the applicant has the wherewithal to
ensure that the proposed activity will be carried out as
described in the.license applica~ion and consistent with embargo
regulations. Prior experience with the type of activity proposed
and/or prior experience and familiarity with Cuba, while not an
absolute requirement, do serve to indicate that the applicant has
�Jan-06-96 07:21P Am Bus Council
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2
the ,11bility to carry out the activity in Cuba as proposed.''
If you have any questions concerning this matter, please call me
(202/ 622-2480).
Steven I. inter
Chief of Licensing
Office of Foreign Assets Control
Mr. Michael J. ~yan
ABC Forum on Cuba 1 Inc.
113 Fourth Street 1 S.E .
Washington , DC
Enclosure
20003
P.05
�Jan-06-96 07:21P Am Bus Council
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P.06
DEPARTMENT OF THE TREASURY
WASHINGTON, O.C. 20220
•
cw,an A•••t• control Ragulati.ons
~ican•• No. c-111,1
LICDJSB
(Granted under the authority of SO u.s.c. App, 5(b), 22 u.s.c. 2370(a), 22 u.s.c. 6001 et,
seq., Executive Order 9193, Executive order 9989, Proclamation 3447, and 31 CFR Part 515)
To:
Michael J. Ryan, Jam•• McGovern, J. Bernard Robinson
(the "Licensees")
ABC Forum .on Cuba, Inc.
113 Fourth Street, S.E.
Washington; D.C. 20003
Attn: Michael J. Ryan
1- Pursuant to your application of D4iilcember 13, 1995, as supplemented January 2, 1996,
the foll.owing transaction is hereby licensed:
Transactions incident to travel to,
from and within CUba are authorized for a period not to exceed one week in
duration (excluding departure and arrival days), for planning activities
consistent with section 515.574 of the Cuban Assets control Regulations, 31
CFR 515, as amended, effective October 17, 1995.
2. This l icenae ia granted upon the statements and representations made in your
application, or otherwise filed with or made to the Treasury Department as a supplement to
your application, and is subject to the conditions, among others, that you comply in all
respects with all regulations, rulings, ordere and instructions iasued by the Secretary of
the Treasury und@?:' the authority ot Section 620(a) , Public Law 87-195, or under the authority
of section S(b) of the Act of October 6 1 1917, as amended, and the terms of this license.
3. The licensee shall furnish and make available for inspection any relevant information,
records or reports requested by the secretary of the Treasury or any duly authorized officer
or agency of the Secretary.
4. Thia license expires on January 30, 1996, is not transferable, is subject ta the
provisions of Title 31, Part 515 of tha Code of Federal Regulations, and any regulations and
rulinga iesued pursuant thereto and may be revoked or modified at any time at the discretion
of the Secretary of the Tre•sury acting directly or through the agency through which the
license was issued, or any other agency designated by the secretary of the Treasury. If this
license was issued as a result of willful misrepresentation on the part of the applicant or
his duly authorized agent, it may, in the discretion of the secretar¥ of the Treasury, be
declared void from the date of its issuance, or from any other date.
5, This
by the Office
applicable to
third parties
license doea not e~cuse compliance with any law or regulation administered
of Foreign Assets Control or another agency (including reporting requirement)
the transaction(s) herein licensed, nor doea it release the Licensee(e} er
from civil or criminal liability for violation of any law or regulation.
Issued by direction and on behalf of the Secretary of the Treasury:
OFFICE OF
CONTROL
Licensing
[Attention is directed to 19 u.s.c. 1592 and 1595a, 18 u.s.c. 545, 18 u.s.c. 1001,
50 U.S.C . App. 16, and 31 CFR 515.701 et. seq. for provisions relating to penalties.]
�Jan-06-96 07:21P Am Bus Counc;l
on Cuba
(202)
543-5177
ABC Forum On Cuba, Inc.
113 Fourth Street, S.E., Waahinaton. DC 20003
Tel. (20i) 543•3210 FIX (202) 543..5177
E-mail: cubacouncl@aol.com
The ABC Forum On Cuba, Inc is a corporation ornanized in 1995 for
educational purposes within the meaning of section 501 (c)(3) of the Internal
Revenue Code. The ''Forum's" primary purposes ere to:
1.
Educate the general public about Cuba and the peoples of Cuba
and the United States;
2.
Sponsor research projects and academic exchanges to expand
the understanding of major developments and current events in
both countries;
3.
Organize and sponsor conferences, policy forums. and other
meetings which help educate leaders about the future of Cuba and
ways of improving bilateral relations betwec,n Cuba and the United
States; and
4.
· Support the activities of non-governmental organizations -- in
Cuba and the United States -- that are working to strengthen civil
society and promote human rights in Cuba.
The ABC Forum On Cuba, Inc cooperates to the extent permis&ible
by law
with the American Business Council On Cuba, Inc. The ''Council" is a 501 (c)(6),
non-profit membership based association that advocates lifting the U.S. embargo
of Cuba, normalizing commercial and diplomatic relations between the United
States and Cuba, and defeating HR 927 - the Helms-Burton bill that seeks to
economically strangle Cuba and inflexibly micromanage United States foreign
policy for Cuba.
A major current project of the ABC Forum On Cuba, Inc is a conference in
Havana from January 16-19, 1996 entitled "The United States and Cuba: A New
England Perspective." Amon9 the participants will be Congressman John
.Joseph Moakley (MA).
For further information, contact Michael J. Ryan. President
Updated 1/6/95
P.07
�
Dublin Core
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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-1287
Title
A name given to the resource
Memo from Michael J. Ryan of the ABC Forum on Cuba, Inc. to John Weinfurter, Congressman Moakley's chief of staff, providing a status updates on arrangement for a trip to Cuba.
Date
A point or period of time associated with an event in the lifecycle of the resource
6 January 1996
Creator
An entity primarily responsible for making the resource
Ryan, Michael J.
Description
An account of the resource
Includes an overview of the trip's purpose and the travel license. This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
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 98
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
Cuba -- Foreign relations -- United States.
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
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8fd9e0ef87b81dde2b5562f3fb584e01
PDF Text
Text
~:-i A IRl'vl Ai\l
'AEM BE R OF CO NGRESS
220 DISTRICT, EW YORK
~OOM 2206 RAYBU RN BUILDING
N ASHI NGTON , DC 2051 5-3222
202) 22S-5614
MEMBER
HOUSE TAS K FO RCE ON AMERICAN
~ongress of the~nitrd ~mtrs
\1 EM BEA
HOUSE TASK FORCE ON
':HILD CARE , DRUGS,
EDUCATION A ND THE ELDERLY
Jtousc of 'Rcprcscnmrtocs
~ashingron, iB<i 20515- ;222
PRISO NERS OF WAR AN D
MISSING IN SOUTHEAST ASIA
January 24, 1996
The Honorable Joseph Moakley
235 Cannon HOB
Washington, DC 20515
Dear Joe:
I was startled by the news reports regarding your trip to Cuba.
I hope it is not true that you brought businessmen along with you. It was my understanding that
your trip was to focus on the human rights situation in Cuba, and I don' t see the point in taking
businesspeople along to discuss human rights.
The law states that travel to Cuba is only authoriz.ed for certain groups of people, such as
journalists and people engaged in humanitarian activities. Business people are not among them.
Further, as you know~ we just recently passed HR 927, which will clamp down on business
activity in Cuba even harder.
Joe, I know that you would not willingly flout the law or even a forthcoming law. But I hope
that you have not been sucked in by business interests or left-wing efforts to let up the pressure
on Castro.
I would appreciate a chance to discuss this matter with in the near future.
- --
- - -- -- - - -- - - -- -- - --
GASLIGHT SOUARE
SARATOGA SPRINGS. NY 12866
518-587-9800
REN SSELAER COUNTY
5 18--477-2703
DISTRICT OFF ICES -
P.O. Box 71
NY 12572
RHIN EBECK,
914---876--2200
-
- -- - - -- --
337 FAIRYIEW AVENUE
HUDSON, NY 1253 4
511Hl2B--0 181
- - - -- - -- - --
2 1 BAY STRE ET
GLENS FA LLS, NY 1280 1
5 18--792-3031
�
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Title
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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>
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DI-1289
Title
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Letter from Congressman Gerald B. Solomon to Congressman John Jospeh Moakley expressing concern about his recent travels to Cuba.
Date
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24 January 1996
Creator
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Solomon, Gerald B.
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 99
Type
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Text
Documents
Format
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PDF
Language
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English
Subject
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
Cuba -- Foreign relations -- United States.
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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.
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<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/854112691415f9d438cc3e9adf18c7aa.pdf?Expires=1712793600&Signature=aej8RMo%7EYKKo8MOb64T%7EwP3LWz0LASo7xF8VevNLHq8bz3UOQv%7ErHerql-9IgNLqELPI2Nej70CouijxGEIXxZkbQNiydllQUEmmoX%7EYga6Wl6vZbKUR%7Ek-ru8ycD6Ny13zgEUk6%7EJg0%7E3NHiOTqYvSEgeb-SXR8puaXsSQojWadvPeA6mkKYt%7EmzMfH5InMxut2SMahfaoMiJOcjtG4Vlig9-wYxlNQEfbI6K0ZBdQ2ztdTrSFy17i-mctzkJGi6AvKOaBdWXrJ80Cnasz5sgfENR349BauLthS5JY%7E0qgY9JSEf81cmHu2rJj9mOkM4wi6z7EAxlE32fv36K1Etw__&Key-Pair-Id=K6UGZS9ZTDSZM
78c33dc0b68728dfae0f199e90400995
PDF Text
Text
Jan-16-96 10:54A Am Bus Council
(202)
on Cuba
P.Ul
543-5177
ABC Forum On Cuba, Inc.
113 Fourth Street S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543-5177
Facsimile Transmission Sheet
To:
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From:
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�Jan-16-96 10:54A Am Bus Council
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fOREIGN ASSE'!S
543-6177
P.02
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DE~ARTMENT OF 'l'Ht TRio:ASURY
•
YIIASklNtl'tON
OFFICE OF FOREIGN ASSETS CONTROL
1500 Penn• lvani& Ava., N.W.
Annex B d9., 2nd Floor
washinciton, be 20220
1
Date:
If_ -'- '-2
(including cov~r-;Ji;et)
202/622-2soo
202/622-1657
Phone;
PAX:
NUMBER OF PAGES
CO!Q,SENT:
R•cipient's FAX#--~~~~~~~~~~~----~
IF THIS TRANSMISSION IS INCOMPLETE, PLEA.SE CALL:
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OEPARTMENT 01" THE TREASURY
•
WASMINGTON,
c,.c. aoa:ao
C-18167a
Dear Mr. Ryan:
on ~anuary 15, 1996, the ABC Forum on CUha, Inc. ("Al3C") received
a license !rom the Oftiee ot ForQign AssetS1 Cont:t:'ol ("FAc 0 )
authorizing transactiQns related to~ conferenc• sponsored by ABC
in Cuba entitled, "The United stat~s: aT'ld C\\ba:
A New England
Per~peetiva," In addition to autl'loriz:tng the conference itself,
the
license
authori~ed
the
trav~l-relqted
transactions
of
participants in th• conferance. This license was issu~d pursuant
to S 515.574 of the Cuban Asaets Control Regulations, 31 C,F.R.
Part 515 (the "Regulatioru: 11 ) , a new provision entitled 11 Support for
the CUbc1.n People," which a:t't:iculates a l:>&sia for authorizing
transactions that are intended to atrengthQn and foster civil
~oci•ty in Cuba &nd p~omote independent activity.
You indicated in a number of ~ubmissiona to FAC in support of your
license application ~hat the partioipante in the confa.rence w~re
co:mmitted to exploring• variety or possi~l• activities in Cuba
eonsis't.@l'lt with th• purpose of S 515. !574, that ia, providing
support to th9 Cuban p~opl$.
Acuu~ding to your representation~.
tha~ is the sole put:posa of the trip. We huve agreed to lic8nse
the conferanca based on those ~epr~sentations and your assurance
that no other activiti~g innoneist~nt with tha inte~t and purpose
of S 515.574 will be undertaken.
In
ABC's co~nsel, 3. Bernard Robinaon, dated
he indicated thl\t ABC wo1.1ld like to conduct
additional conferences in the future.
Whether ABC will receive
a
letter
January 12,
from
1996,
Ai~ilar licenses in the tuturA will d~pend on the •!fectivenegs of
this conference in launching licensable initiatives consistent with
th• Regulations. We look torward to dii;;cussing the conf arance wi t:h
you upon your return and after the filing or yo~r written report
with FAC, In addition, we will discuss with the attend~@s th~ir
participation as well as t.h~ir futu~e plans for projects in Cuba.
~~lr,/)~
Richai.-d Newcomb
irector
Offill~ of: f'oreign Assets Control
Mr. MiehaQl J, Ryan
ABC Forwn on Cu:bc1, inc.
113 Fourth Street, S.E.
Washin9ton, DC 20003
Enclosure
�Jan-16-96 10:55A Am Bus Council
VL'L0'W0
LL : JU
"U"V ,u, o,,ioov
on Cuba
( 202)
543-5177
I-"• U<f.
141003
tVUJ.~i'C A::>::>t.l's
DEPARTMENT OF THE TREASURY
WA:SHINGTON, p .c;, 20220
Liaense
LICElfS•
•o.
C•llld7a
(Granted u~d•~ ;be autnarity of SO u.s.c. App. S(b), 22 o.a.c. 2310(•), 22 u.s.c. 6001 ~t.
seq., t~ecutive order 9193, Executive order 9989, Proclamation 3447, and 31 CFK Pait 515)
Kichae1 J. Ryan, Jaaes KcGovorn, J. Bernard Robiusou
To:
(th• "Licen5eea")
ABC ForulD on CUba, · Inc::.
11~ ~ourth street, S.E.
Washington, o.c. 20003
Attn, Michael J. Ryan
1.
P\lrsuant to your application cf Dece=er 13, l99S, a11 suppl4!tl'lented January 2,
Janu~ry l2, and J&nuary 14, lQ~6, the trlU\•&ct1ona de~cribed fqlly on Paga 2 are he~eby
liocnsad.
2. Thi• lii;;•m,e ia grant.~d upon the a:~atemente and repres•ntations ai.ad• in you.r
.~lication, or o~horwiae filed with or made to the Tre&aury o~par~ment a•• suppl~ent to
your application, And i5 aQbject ~o the conditions, ata0ng others, th&~ ycu comply in all
~espects with all t•oulations, rulinga, orders ~nd t~•tt'Uctions issuect by ttie Seoret~ry of
the Treasury ,mder the a.l.lthorltt of section 620(a), Pu.bli<; Law 87-19S, er under the -lQthority
of &ection ~Cb) ot ~he Act of Octoh~r 6, 1917, &• a.mended, and the ter«1e of thi• licanae.
3. The lieen••• anill.l furni.i5h and make available for i.napgctlori 11ny rel~v~nt j,nfgrmati.ot'l 1
reoorde or reperte r•(lU••ted by the Swcrcrtary of the .reasury or •ny duly autho~i~ed officer
oi: agency of the seereeary. such record• shall b• rNde available for exam.in~tion l.lpon d~and
for examination upon dal'Q.nd fer at btaat S yeiU's froai ~hv date of the license. 5uch racor-d&
shall clearly ~emo~•trate the applicability of tha authoriz&tion ~et forth in $!C"rION l
abov•-
4, Thi.fl l..i.~enae e.xp1ras on January 30, 1996, is not tra.nsfer&ble, ;i.a •ubject to the
prcvieione of Title .31 , Part 515 of the Cede of Ftl!deral Jtegulation•, and any regu1.uor1e and
ruling~ issued purauant th~re~o &J'!.d m&y be revoked or modi~i•d at any time at the discretion
o! the 5•cretary of the Treasury .ctino directly or through the &gancy throuqh whleh the
license waa igaued, or &ny gthar agency deeignated Py the S•~retary of the Treaaury. If this
license wa• ia§ued as A ~wault of willful misrepresenta~ion on the p.rt of the appl~cant or
hie duly authoriz~d agent, it mAy, in the discrat~an of the secretary of the Trea&ury. ba
daclarKd vo1~ tr0111 the date of ite iaeuance. or from 8.J'\y other date.
!. Thi• licen~e doea not exeusv eomplianc• with any law or rs9',1lat1on adJniniGta~~d
by the oltice of Foraign Aeeet8 cont~ol er 4tlother ag~cy (including ~eporting requirement)
apflic4'ble tQ tha tran,action(s) h•rein lie•nsed, nor does i t release the ~ioenaae(s) or
third pa.rtiea from eivil o~ eriminal liability tor violation of any law o~ regulation.
I55Qed by direction and on behalf of the
�Jan-16 - 96
10:55A Am Bus Counci I on Cuba
u 11 1a 1 ~a
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Lia•aee Ko. c-1a11,-a
Licensees;
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- Page 2 of 2 -
Kiohaal J. ~yan, Jaaea McGovern•
a. ••rnar4 Robinson
a) Thi$ licenae autho~izes all transactions rela~ad to t:h~ sponso~8hip of
a conference in CUba entitled, "The United stat~s. and CUba:
A New England
PerspQctiva"
(the "Ccnflirence") t o ~ h~ld Jahuary 16-19, 1~96, pursuant to
section 515,,74 ot the Cuban A.Ssets control Regulations, 31 CFR Part 515.
b) Transactions incident to travel to, froJa and witnin Cuba arG authori!ad
fo~ the duration or tho conf~r~nce (•xcluding departure and arrival days) for
the following Conterence participants;
~
t-lDLl.)~
James L. Ackfll'man -
Pat~r
JMnes
c. Aldrich
~~
.
~
D4 1 ,
e(""'t, t-
Ar•na-Oe.Rosa
Ka~ryn Burns
Leslie 8WDstead
Michael Delaney
Leonal C:omez
R.D.S. Grea1'1way
Richard Hartman
Anthony E. Malkin
Jonathon R. Malkin
.James Mc:Govarn
Sydney L. Killer
J. Joseph Moakley
.John Pattillo
Gilbert' S, Peirce
Praxed~s Rive.ra-Fer~er
J. Bernard Robinson
nrian G. Rothwell
Micha.el J. Ryan
John A. si~ourin
Regin11 M, Villa
11 ± 18l LB flu•
Donald Wertlieb
8BCTIO!r I
WUlaJJG:
This 11c•nse does not lluthori2!'e th~ contl9rence
partieipAnts to engage in any transaction~ or othc~ acti~ities inconsistent~ith
seetion 515.474, 11 support for the Cuban People ...
* * * * * * * * * * * • • * • • * • * * • * * * * • • * * * • • * • • • i
�Jan-16-96
10:55A Am Bus Council
U1'1V'¥V
11:Ji
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,u,
OlliOOV
on Cuba
(202)
ruu1v~ A!>!)t:i~
t""'. UC
543-51//
l(l!OOS
l '.?./6195
r
l
)lar,lw:ourul
On October 6 of thi~ year. Presidenl ClinLon announced
:i number
of measures intended
to further lhe abilicy of individu~I Americans and U.S. Non.Governmental O,·ganiz..itions
(USNOOs) to contribute to the strengthening of civil society in Cuba. Among these in~u1~
was the decision to create a new license category in the Cul>a11 As.sets Control RtfHlarion~
based 01'I the provisions of t.he Cuba Democracy Al~I of 1992. On o,tober l) the Tr~ury
OeparunMr. i~s11ed teg1.1lation Sl5.S74 b:ased on the "Support for the Cuban reor,te· section of
the Cuban Democracy /\cl. This new regulation allows for tilt i:s:suance of specific licenses for
transactions related to acti viLic:s thai will suppcm the Clevelopment of civil soc.iecy in Cuba .
The liceMe category broadens the ~cope of licensable activities beyond that which may be
permitted under educational, research and hum,mitarian 1eguhnion.s.
The Trt>.,m,ry DepartmenL has authorized by general license commodity expons that
have been licensed by the Commerce Dcpartmerit. A Departmenl of Commerce regularion ic;
planned that will c;;over con1111uuity txpons to Cuba when $11c:h exports are <leemed ro
colllribute to the same p11rpose for which the new Treasury regul~tion w~ is3ucd. However.
until this new Commerce Dep3.rtment license is iuu~d, applicants foi: Trc~ury licenses under
the Support for the Cuban People license ,alt:~ory should he aware that the Commerce
DcpanmtnL can only licen.~ exports of c;ommodities allthol.'iied pursuam to present regulations
permitting educational. religious 3.nd humnnitarian cxporL'\.
The
License Regul~tion
Stcdun 511 ..574 Support for the Cuban People reads as follows:
''(a) Specific licenses may be issue<l on a case-hy-ca.c,e hl'sis for
Lrausa.clions intended. tn provide support for the Cuban people including.
but not limited to. the following;
(1) Activities of rttognii;ed human rights organiz..atinm,; ;im()
<2) Acrivities of individual$ and non-governmental organi.z.ntiom,
which promote independent ilctivity imcrtdcd to strengthen civil
society in Cuba.
(b) Lit:e::nses will only he i'-suec:t pursuant to tll1s section upon a cle.:idy
aniculate<I showing thal the proposed ttnnsaction~ arf: consistent with the
purposes of lhis part and that no significant accumulation of fund!! or
financial benefit will accrue to the govemment of Cuba.·
�Jan - 16-96 ~Vl
YL I LV
1
o:
55A Am Bus v,,.1.vo•
Council
·•rz, ~v,
LL . JL
-
on Cuba
(202)
ru&1ui, A::,::,r.f~
543-5177
P.U/
141006
2
The Application and Revle.w Proc~
Applications should be .submitred to the following address:
of the Office of Forei1n Assets Comrol
Department of Treasl•ry
1500 Pennsylvinia Ave. N.W. -- Al'ltlex
Washini:ton . O.C. 20220
phone: (202) 622-2480
fax.; (l02J 622-1657
Director
Appli<;ations for an OF AC SupPQrt for the Cuban People kens~ will be referred by
the Department of Treasury to the Dcpan:mem of S~te for interaietwy review. prinr ro issuing
or denying the licen~e .
Lic~iue applications shoutll include information concerning:
- Description of the U.S. applicanr . including relevant exJM,tience:
- Description of the Cuba,, counterpart organization:
DescriptiM of the proposed activity . including proposed travel, commodities and
financial transactions~ and
- Description of proposed monitoring and evaluarion arr:ilngemenl!) .
Support for rhe Cuban People activi1ies may includ~ technical ~sistancc. training.
financial assisbmce and commodities . If r.ommodities
included. a Commerce T>~partment
license
.m~
should al~o bt: obtained by cont.acting lhe fQllowing:
Office of Exporter Services
P.O. Dox
273
Bureau of Export Administration
Department of Comm~rce
Washin~ton. D .C. 20230
phone: (202) 482-4811
fax: (202) 482-3617
Review Consjderations
The following are some of the. main facturs that will l.Jt: cun:,idered in reviewi1lg
applications:
Groundwork
Lieen~ applications requite "a cl~.:trly articulated showing " t:mit the proposed
transaction~ arc consistent with the lerms of the regulation. foor most acfrmie-s, this win
require the applicant lo be r~sonably familiar with the targ~t group itnd the realiries of
operating in Cu'oa. Other NGOs that have oper~ted in C\1ba provide an excellent source of
informarinn . Prospective license applicants who would like advice on their proposed activities
�·.56A Am Bus Council
Jan- 16- 9 6I •ulo •• . ...
, , ••
U O ,v, 01'.1'.J.0011
V.J.. I ,.I.U
on Cuba
(202)
54~-oi//
fVIU:.l\Jl'I J\.).)t.f;:1
,- • u=
14l007
prior to formilly svli,itini a license may contict Kevin Sullivan 1n the Department of State's
Office of Cuban Country Affairs at 202-647-9273 . You may also cuntacl the CO-(hairs of the
Supr,ort for the Cuban People: Interagency Worki11,& Group -- Peter Orr . Senior Adv1sor for
the Lalin Am~ric::1t1 Bureau at the Agency tor International Development (?.02-647-915S) and
Michael Ranneberger, Director of Cuban Affairs. Department of State (202-647-9272). In
many insta!"lces the applic~nt mayl need to visit Cuba in order to develop a project proposal.
Travel licen~~!. will b~. iranted for a limited period of time for organizations and indivichials
that need lo condl1Ct an on-island assessment to develop the specifics uf a :svumI Support for
the Cuban People activity. Licenset:~ at~ em:ouraged to vi!.it tin: lJ .S. Interest Section (r>hone:
537-320~551) for additional infmm~lion that may b£' helpful in conductins their re!;earch and
<l~veloping their proposals .
An important: &ctor iri licensin~ detcrminiition~ is the degree of ;issurance that the USti
can have thal llu! applicant has th~ wherewithal to ensure that the rroposed activity will be
c~rried out as described 1n the license application arid consi.stent with embariO t'C~ulatio11~. .
Prior experitmce with the type of activity proi:,oscd aml/ur pnor experientr. ;ind ramiliarity with
Cuba. whilt uul an absolute r~ui1·emen1. do icrvc to indicate: rhat the applicant has lhe ability
to effet:tively c:arry out the activity in Cuba as proposed. Clearly some activities would
demand gri:ater experience than others. The applicant's pJans for moniroring tht ~crivily ;tnd
ensuring accollntability will also be an in,poru,,t con!>ideration in the review process.
Cuban Counterpart Orjanjzations
Wheth~r a ()roposeu activity is considered co promote the purposes of the Support for
lhe Cuban People regulation will depend in lar2e part upon the designated Cuban cou,U~fJ>aftS
and/or beneficiaries. R~cognized Cuban human riehr.~ (lrganizations are specifically mentioned
in the regul:itiori as an eligible category. For thesB org.inizations and other truly independent
NGCk, ~uch as c.hurches ond church.affiliated organizations and iml~pendent professional
organiutions such as the indcpt:m!~ni economim. a fairly hroad range of assisunce will be
considtr1:d !or licen~ing. There is no ambiguity m che role th..t these org1nizacions have in
stre.ngthening civil society in Cuba., and the U.S. Ccr11ernment particularly encourages support
co them . Applicant\ $hould understand ihal many independent organi~tions in Cuba are not
officially recognized by the Cubari Government.
On the other hand, there art: a httxe number of ora,ani:n11ions in Cuba that are classified
by the govcrnmcm of CV·,A as NGOs. but which to a greater or lesser degree arc affiliated
with and/M controlled by the government. Some have been established t,y the governmMr 10
pursue the political aims of the goven1rn,ni or to anratt exro>:i-nal assistan,;c. Within th1s broad
array. ciffcrem org~1li1aTinns evidence varying dewees of inde>piu,dence of thought and action.
With tht aim of promoting a diverse civil society in Cuba. the USG will consider
a-policiltions for assis~ncc that may involvt!- the participation of 2overnment-affiliated NGOs
where ther1o is evidence that rhe particular organization demonstrates a degree of independence.
�Jan-16-96
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Given lhe conn~lion of these organizations with th, Cuban Government. it becomes
particularly importnnt that tho license applicant's propu~ed projecl clt:arly and credibly
contribute to furthcl"ing the independence of tht Mg.inin,tion. or of the group within th~.
orga1,i7..\tio1'1 lhal ii; involved in the ac.rivity. A hiiher degree of monitoring by the applicant
will also be necessary when undertaking an activity with a COUt)~rparL organization thar is. not
truly indepe,1di:;11L Lic~n~i;es may be call~d 11por1 10 subsequently provide ctocumMt~tion to
confirm that the te.rms of the license were adhered to.
:Ptornotini lnslependi;:uL 6,cLivitv
for a Cuban civic organization thnt is already truly independent. vi1Lually any
assistance activity that would stre.ni\ht:11 thaL organiution·s ability tn cnry <.wt its manaate
would :serve che purpose.; of str.engthe.ning civil soc:i!ty.
c
1:or an organization thal is subject to
a de&r~.c of govemmerlt control. th~ proposals must col"lvincingly demonstrate the potemial Lo
increase the auronomy of the orga.niucion. Potcnlial acdvities eould be ,iimt!Cl at increasing the
sdf-manag~menr of and pluralism within the organization or al reducing: its dependence on
ideas, initiative and direc.tion from the government.
Activities by nonprofit l JSNGOs to promote independent economic activity may also be
considere.d for approval under the Support for the Cuban People license reiulation. Examvl\\:~
uf potential beneficiaries include the self-emptoycd. ptivalt: farmers , and young. r~oplt!
interested in trainini to \.)~(;umc r;nrrepreneurc;. Consistent with the embargn. however.
U > S > commt"n:ial entities will not be eligible for such licneses.
For the puq:,oses uf licensing Sur,ron fot the Cuban P~ple. ''independent activity"
mei~~ activity that is undertaken :at an organizations's own initintivc and that i:s not directed or
controlled by the Cuban Government. lndepenrlence does not requir~ that a Cuban
organi1...1tion take any outwanJ position of ~l'itici~m lowan.J the Cuban Government. Jo the
context or the Cuban Government's restrictions un free e~pression and ass.ociatiOI\, however.
~n org;ani7~'ltion 's willingness to articulate ideas that ~)' not accor<l wiLh official g(')V~a·,,rnenr
positions or communist parly docmne i~ ceruinly :.m ir,dic.ator of independence.
Minimizing Fun% to the Govcrpmel"lt
Diretr uansfers of funds ·to lhe Cuban Government or its agencies to conduct activities
iencraliy will not be licensed. Hotel expenses. the purchase of es~eutial pwject commodities
in state stores. and customs duties are examples of expenditures that would normally be
normally be permirccd. Applicatiom should co#,:.ain cost estimates for nil financial
transatrions cove.red by the license request and should include the m~ans 1,y which fund~ will
he transferred ro Cuba. Whethei the prvposed activity ·proviM~ a significant accumulat11.m of
fuuth or financial benefit" to the governmenc of Cuba will be determined based on the merits
and reasonable needs of the activicy.
�543-b.l//
5
The,e guid~li11ts wue pr.p:i.red under the d1~c1ioa of th~ S~iil A,h·isor t..'.1 lhi; P1e)mle11l ..nJ lbi,;
s.cr.ury of sr.:.tt for Cu~ by the Suppon for ck~ C11\,;in People Interagcncy Wni·ku1,: Owup. The
W01"k1ni;: Group is. ch1ired by the Oep.al'!m.:nt of State ,md A.LO. and°i11cludes rc:;vrl-"St:nllllive~ from
thl'. N~C. the Departmetll$
of 'rre.uury arid Commom= .i.nd USIA.
�·57A
Council
Jan- 16 - 9 61 ~0lo.~i;JJ Am Bus O~llOOW
u~1io
"0"1f ~u~
on Cuba
(202)
543-5177
t" • .l .l
~010
.. ......
• U" .. lvl"I A::;!it."!'S
CUB
.
a B&elCGftOUND • Tl'QWI lO Cuba ia ~ ~ e , : I wndar the Cuban
luialli Con1rOI R.,.._ (lhll "flllgu.lailMi1 proffillJedlld u1"1$1The l~ng
Wllh T'tNJ Enemy M. UfliN>r ~ ~ I l l . I, spencit19 "°'lft'I n,lalil'lfl lo
Cubantlllvoila~!llblt.d~ cha ~.iotk. btiMd. TM r • ~ • inckldv
'°
wa
~ moMY (1ft enr CMftftllY) whau- in.ve11r1 g6 dlNld/y cut>.a qf
a IN... eo(•Mry and pfOIIMi~ ~ - ol atty kind la c ..i,,. Of 11 0Jiian Mtonal.
Any,.....,, in ate UnltM Stau, r t i t ~ ol Cliliunwhip. It , ~ tu thGH
resbktiora. c«mlnal~brlll~ llo ~ulalllomwhichlll'9 tonforc.sby
'Tlle ~ ~ 1110 T,... u,y, Olk. vi Fllfllign Aaln conttot ("OFAC1,
,...,.ta 10yoarel111 tM(oon. S1 ,OOO,OOOin~anclS2'0.000iniodi~al
Ines. C i v i l ~ ~ wi,Q,000 pervloldo11 fl*i aho he i ~
•WHOCANQO•TM~owingtn111elenBN1euthotlt«1. vnderOFACtc.nMt,
eft9aia-in~~814onw whillil it, C..-:
O Jo..,m~ (<11s,u'-'1iy . mployed In IH• ~eicily ~y •
o
i.,
-~0~11):
.::.t OfT'K.-ial 00V9mll'19ni travelers (trtlvell'lg 0/\ ul'Gci.al
Q
bwair-•),
Me~... vi international Of'i&nlUliQl'lli vi which Lhe
U n ~ ~ i• also a ma,,..r (tr:1\/0i"9 <>fl
t>l!loal bmnttAA):
a Ptrtotlt iravtlinq 1.l'Pell a y•at to vitil close ralallv•• II\
Cuba tn oi,ou1l11l¥11t.'fl of llllll'90fle hum&llkatlil\ 11-.d
(Gono;oi Uoon~l ; and
0 TnlV~ wflo PIW. ~ ,poem.: liO.naH fram
OFAC
'°
Pfior oo!nt.
• HOW MUCH IIONEV M&Y U SPl'.NT ~ IN CUBA- O""J a.,thari&ad
lnr\l&l-.•hted~. l'nllyapend"pw $100por<SaylottNfrl\lino 11Xpem1u
.+,;i. in Cuba TNs lnctu<lft, but it ne>i ;;.·,.,;Nd HI, -.i<pardluto, for &odQlnia,
trllltlpOMl!on a,,d l'INIS.
•WliATOAl'IK&ftOUGKl'IU.CK•lh•tlbovehted~l'llmay,..~ril~
Unhd ~ wlttl Up~ l100 et Cuban oriain foods for P9f~n~ ~ . taUtJI, A
. , . and 11,1m. (s.dlona 1116.206 Md &1U$0(a).\C) o4 ttle Rfsuld911sJ. IP
11naulhotfz-.d U.S. tra,,.""a te~m !t'llm Cub. wi\h Cot.aft ~ good!:, &uc.'I
9oods, with thu-ption 6'il\focmlltion-1 matef\aK, Mayb. aaiad atCuoto11'1G'
di--.,on. {Seco(I(\ 51tt~ ol lh• R&gulsl!o111J. There . . no NmM wi ~
""f*I • -,oft Of lriJotUNk.1111 . . . . . Sudt ~a» 1W siaU&rM)I
coKw1~fn:1m r..,i.liq.ri vndel'IM !lfflNIVO and such katTllll ai; bQQM. lll!'M . fsiJ1GC
lll'ld C01 May N l>'anapaltN heoly. ~vw, .,._ ~ ~ eo.. .are not
ca~*IIVOlfflaOfttl tnalarials a.111 "'il)'ff Hind.
a Vl;SSEL8 • All ~ m ; Ith baa.rd~. Including Iha_., ~ t bO an
~........i.r, IH b 1 " ~ . 1 9 ~ l l l lravel~~.. inCuba. H
yvu a,a 11ot an ~olfrad lravtlof. ~u rrr11y NOT p u ~ ltlftl;, 11ar IDr
-. ..
-A.
. .. ····· · ··· ··
rr~Mlion. kx9ng, ~ 6r mooriOg 1"1. 111d you may rwt bring tJtr/
~an origin gDOds b.,;ilc to ~o UnilOd Sun&s. .t.11y paym,t(lta II> II» Manna
Hemingway tmtnt•onllYachl CkJb WOl.llclbl ooneiderl.ld a p~itadparato aCuhatt nati01161And~ir, viol.ei.. n ollt>e ~~. VlhaaGtlawnerw
.re prc,l'lil)itad ~m ~Ing t,awlN,, 1n CIA,it whD ,.-,. them "'' P8$M;• if \ho
_,..,... .,nelhawa~fioal"alOlnm10FACa.alhtu1QngNmtobClaS~
Providar tD Cuba.
a ruu. V ..OSTl!:O TRA VELEAS • f rav11la111 whOfla •itptn&a~ :;\tO oovorod by
~ P'"°" nol ai.bjact t0 U.$ . )Jltt<Sl<Gon may not bring_b-91 any CtJ:,sn ori9n
~oods. excopt lor inf..nna1io'll3' mmori&Ja. (Sowon S1 S.~ ) of the ~ 1611,i IIIIC)OnQfQh of tilta rectlivw in ~11 by a 11.Jlly hoattd baveler m.y b.
~byof:ACp,o,ModlM giftia 6f jorrMIH~ .-.d~n110011TQ(11Qal
bonofit 11> C..N. C\if\oms will deQl11 gift,, pendng Iha OYTeomo ol an OFAC
lloansa lfpbtffl.
e.tot. a Qr1"'9 dell:lrmlnlltiqn c.a, be ,,._., aO facts
re'llt'#9d. (Sclc:1iot1 511.544 of Iha,
NttOYndng the receipt qi~ gifl mJ5l be
~~wns).
• llMIJklf!NOCS. 111 caae 01 emt~cin ,.._,.;"IJ ~ tran!WldiOI\S
~JOO Rt .me'1J•l!C)' rllflall ~"'900C)li! Q( l'MCioaJ lraatm-t. tr.velen
Wf'il'dlo
c:antael OFAC at ( ~ 4 8 1 ). Iv dllCUII n.etiSaty autl\olizaeona.
w•
aHUIIANff AAIAN DONATIONS-Thetu isjolnt~.&C 111nd Comrnero.Oe!)llrt.
l'Mfll iU8QOC1 adfftnl~n O\l'llf filOll)Ol1 CH l.. 11,..,.'\anan pedl ID Cuba 10
"1fft ba$1c lllJtorw, ,__.. H"'"' ~rtit &ceflitQ b)' USOOC, OFAC autha,;.u
finll!IClal and O~f val'li.idlona nolal.ld hi lfl• •J1POrt.. Pu~t IO 1M ~
0--sq Ad.. dQnllllons Of food and vitamlrw. to an i"'*"idunl or non-pemf'fl91'1u.l o ~ " " may 11otbo reS111ctt4 11Ql¥f'ev.tr, lhltlllef>Or1 gf medanetand
~SUps,N111tMatbeirpa,:J11Calyliao~byUSOOCptM)'IO~r•. Gilt
p.alUt$ may b$ ~ e d Yno.r usooc ·0tneral UQ8l\5Q Glfr'T" withe;{;', ~.;.:,,,
wfftten g1WOfflft'letlt IOPf'Ovel to ~ a l a CK a,,on-90-rnin.,i~ orgatn•1Jvm1 .
TIie cvrroned tionhmt rnusU10 valued below~.,....., co~n only items ot •
llul'ft&n~ , _... for ~n~ \!ff, and may •lvlbe lor ,...,
Gift
p~w nl:111 " MIida anly Illa followllll} 1\61'11! F<,od, 'ltWrirrs, li99dl,
~l'I••. mtdical supphe1 91111 dew:~. ho~I rupp&a$ aod ~pmtnt.
aqull)menl f~r Ill• l'l~IW$d. dolhine. ~onal hygione ll&m.a, ~nhllry
~nKat\da._sM,fMing~ptn0nland~,IIIOtt,~ei:pp<NWlt,
and e.lU.ln ~ eQ!Apmanl and b•rin lor si.dl eqtiipment.
o,,m;s OF l'OfWCN A55l!T$ CONTRoL
U.S . l)epaltrnfflt Qf h TreQNl'Y
Wu~n.D.C.. ZQZ2'0
20U224520
�
Dublin Core
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Title
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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>
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DI-1288
Title
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Fax from Susan Trabucchi of the ABC Forum on Cuba, Inc. to John Weinfurter, Congressman Moakley's chief of staff, providing a status updates from the U.S. Department of Treasury related to the 1996 trip to Cuba.
Date
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16 January 1996
Creator
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Trabucci, Susan
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 99
Type
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Text
Documents
Format
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PDF
Language
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English
Subject
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
Cuba -- Foreign relations -- United States.
Rights
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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.
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<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
/
13:13
CONG R NEAL
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[4J 002
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)
0
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�04/22/98
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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
CONG R NEAL
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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
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*****
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
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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>
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DI-1318
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Announcement of hearing on U.S. Economic and Trade Policy Toward Cuba
Date
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21 April 1998
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United States. Congress. House. Committee on Ways and Means.
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 91
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English
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
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<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
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PDF Text
Text
05/05/98
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PHlt.lP M. CRAN!;, ILLINOIS, Cl-lAIAMAN
BILL ARCHER, TeXAS, CHAIRMAN
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COMMITIEE ON WAYS AND MEANS
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ROBERT t. MATSUI, c.AL!FORN1A.
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THEVM J. ASKEY, :SUBCOMMITTEE STA,f.F PlFl€CTOJl
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SUBCOMMITTEE ON TRADE
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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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CONG R NEAL MA
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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"
�
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Title
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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>
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DI-1320
Title
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Memo about hearing on U.S. Economic and Trade Policy Toward Cuba
Date
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4 May 1998
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United States. Congress. House. Committee on Ways and Means.
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This is part of a series of documents related to the U.S. Economic and Trade Policy Toward Cuba.
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 91
Type
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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
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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.
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<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
-
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PDF Text
Text
l nitcd Stal<'~ lkpartnwnt ol' Stal<'
.
II (/.\ Illllf!)/11/. /) . (."
_')().·-)_·)()
LEGAL CONSIDERATIONS REGARDING
TITLE III OF THE LIBERTAD BILL
The U.S. Government has long condemned as a violation of
international law the confiscation by the Cuban Government of
properties taken from U.S. nationals without compensation, and
has taken steps to ensure future satisfaction of those claims
consistent with international law.
Congress recognized the key
role of international law in this respect. Title V of the
International Claims Settlement Act of 1949, as amended, pursuant
to which the Foreign Claims Settlement Commission (FCSC)
certified the claims against Cuba of 5,911 U.S. nationals,
accordingly applies to claims "arising out of violations of
international law."
The State Department, however, opposes the creation of a
civil remedy of the type included in Title III of the "Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1995" (the
"LIBERTAD bill") currently under consideration by the Congress.
The LIBERTAD bill would be very difficult to defend under
international law, harm U.S. businesses exposed to copy-cat
legislation in other countries, create friction with our allies,
fail to provide an effective remedy for U.S. claimants and
seriously damage the interests of FCSC certified claimants.
It
would do so by making U.S. law applicable to, and U.S. courts
forums in which to adjudicate claims for, properties located in
Cuba as to which there is no United States connection other than
the current nationality of the owner of a claim to the property.
Specifically, the LIBERTAD bill would create a civil damages
remedy against those who, in the language of the bill, "traffic"
in property of a U.S. national.
The bill defines so-called
"trafficking" as including, among other things, the sale,
purchase, possession, use, or ownership of property the claim to
which is owned by a person who is now a U.S. national.
The civil remedy created by the LIBERTAD bill would
represent an unprecedented extra-territorial application of U.S.
law that flies in the face of important U.S. interests. Under
international law and established state practice, there are
widely-accepted limits on the jurisdictional authority of a state
to "prescribe," i.e., to make its law applicable to the conduct
of persons, as well as to the interests of persons in things.
In
certain circumstances a state may apply its law to extraterritorial conduct and property interests.
For example, a state
may do so in limited circumstances when the conduct has or is
intended to have a "substantial effect" within its territory.
The Senate version of the bill appears to imply that so-called
�-2-
"trafficking" in confiscated property has a 11 substantial effect"
within the United States. Some have explicitly defended the
LIBERTAD bill on this ground.
Asserting jurisdiction over property located in a foreign
country and expropriated in violation of international law would
not readily meet the international law requirement of
prescription because it is difficult to imagine how subsequent
11
trafficking 11 in such property has a 11 substantial effect" within
the territory of the United States.
It is well established that
under international law 11 trafficking 11 in these confiscated
properties cannot affect Cuba's legal obligation to compensate
U.S. claimants for their losses. The actual effects of an
illegal expropriation of property are experienced at the time of
the taking itself, not at any subsequent point. An argument that
subsequent use or transfer of expropriated property may interfere
with the prospects for the return of the property would be hard
to characterize as a 11 substantial effect 11 under international
law. Under international law, the obligation with respect to the
property is owed by the expropriating state, which may satisfy
that obligation through the payment of appropriate compensation
in lieu of restitution.
As a general rule, even when conduct has a 11 substantial
effect 11 in the territory of a state, international law also
requires a state to apply its laws to extra-territorial conduct
only when doing so would be reasonable in view of certain
customary factors.
Very serious questions would arise in
defending the reasonableness under international law of many
lawsuits permitted by Title III of the LIBERTAD bill. The
customary factors for judging the reasonableness of extraterritorial assertions of jurisdiction measure primarily
connections between the regulating state, on one hand, and the
person and conduct being regulated, on the other. Title III
would cover acts of foreign entities and non-U.S. nationals
abroad involving real or immovable property located in another
country with no direct connection to the United States other than
the current nationality of the person who holds an expropriation
claim to that property. Moreover, the actual conduct for which
liability is created -- private transactions involving the
property -- violates no established principle of international
law. Another customary measure of reasonableness is the extent
to which the exercise of jurisdiction fits with international
practice. The principles behind Title III are not consistent
with the traditions of the international system and other states
have not adopted similar laws
International law also requires a state assessing the
reasonableness of an exercise of prescriptive jurisdiction to
balance its interest against those of other states, and refrain
from asserting jurisdiction when the interests of other states
are greater.
It would be very problematic to argue that U.S.
�-3-
interests in discouraging "trafficking" outweigh those of the
state in which the property is located, be it Cuba or elsewhere,
International law recognizes as compelling a state's interests in
regulating property present within its own borders. The United
States guards jealously this right as an essential attribute of
sovereignty.
In contrast, discouraging transactions relating to
formerly expropriated property has little basis in state
practice.
That international law limits the United States' exercise of
extra-territorial prescriptive jurisdiction does not imply that
U.S. courts must condone property expropriations in cases validly
within the jurisdiction of the United States. Our courts may
refuse to give affect to an expropriation where either (i) the
expropriation violated international law and the property is
present in the United States or (ii) in certain cases, the
property has a legal nexus to a cause of action created by a
permissible exercise of prescriptive jurisdiction.
In fact,
generally speaking, our laws prohibit our courts from applying
the "Act of State" doctrine with respect to disputes about
properties expropriated in violation of international law.
If
applied the doctrine might otherwise shield the conduct of the
foreign state from scrutiny.
Indeed, in a number of important
cases the Department of State has actively and affirmatively
supported these propositions in cases before U.S. courts to the
benefit of U.S. claimants, including with respect to claims
against Cuba. The difficulty with Title III of the LIBERTAD bill
sterns not from its willingness to disaffirm expropriations that
violate international law, but from its potentially indefensible
exercise of extra-territorial prescriptive jurisdiction.
Some supporters of the LIBERTAD bill have advanced seriously
flawed arguments in defending the extra-territorial exercise of
jurisdiction contemplated by Title III. Some have defended Title
III on the deeply mistaken assumption that international law
recognizes the wrongful nature of so-called "trafficking" in
confiscated property. No support in state practice exists for
this proposition, particularly with regard to property either
held by a party other than the confiscator or not confiscated in
violation of international claims law (if, for example, the
original owners were nationals of Cuba at the time of loss.)
Many of the suits allowed by Title III would involve
11
trafficking" in properties of this type, where an
internationally wrongful act would seem extremely difficult to
establish.
Regrettably, the support in international state practice
offered by some for viewing so-called 11 trafficking" as wrongful
has generally confused a state's power to assert jurisdiction
over conduct with the "Act of State" doctrine, discussed
previously. The unwillingness of our courts to give effect to
foreign state expropriations violative of international law in
�-4-
matters over which they have valid jurisdiction under
international law, however, does not imply that international law
recognizes as wrongful any subsequent entanglement with the
property. Others have suggested that general acceptance of
domestic laws relating to conversion of ill-gotten property makes
"trafficking" wrongful under international law.
This argument is
extremely unpersuasive as many universally accepted domestic
laws, including for example most criminal laws, have no
international law status. So-called "trafficking'' has no readily
identifiable international law status.
International law does
condemn a state's confiscation of property belonging to a foreign
national without the payment of prompt, adequate and effective
compensation.
In such circumstances the U.S. Government has been
largely successful in assuring that U.S. claimants obtain
appropriate compensation, precisely because of the protection
afforded by international law.
Some supporters have maintained incorrectly, in addition,
that Title III is similar to prior extra-territorial exercises of
jurisdiction by the United States over torts committed outside
the United States.
The Alien Tort Statute (ATS) and the Torture
Victim Protection Act of 1991 (TVPA) have been cited as examples
in this context.
The assertion is plainly false and the LIBERTAD
bill differs significantly from the examples cited. While the
ATS and TVPA do empower U.S. courts to adjudicate certain
tortious acts committed outside the United States, they do so
only with respect to acts that violate international law. The
ATS covers only torts "committed in violation of the law of
nations or a treaty of the United States." Similarly, the TVPA
creates liability for certain conduct violating fundamental
international norms of human rights (i.e. torture and extrajudicial killing).
In contrast, as explained previously,
supporters of the LIBERTAD bill have failed to identify any basis
in international law permitting the use of U.S. courts for the
adjudication of suits regarding extra-territorial "trafficking."
Title III of the LIBERTAD bill also deviates substantially
from accepted principles of law related to the immunity of
foreign sovereign states, as well as their agencies and
instrumentalities. Although much of the discussion of the bill
has focussed on suits against certain foreign corporations and
individuals, in its current form the Senate version of the bill
would allow a suit to be brought against "any person or entity,
including any agency or instrumentality of a foreign state in the
conduct of commercial activity" that "traffics" in confiscated
property.
Since "trafficking" is defined to include such things
as possessing, managing, obtaining control of, or using property,
it would appear at a minimum that Title III authorizes suits
against many Cuban or other foreign governmental agencies or
instrumentalities.
To the extent Title III provides for such
suits, they would be highly problematic and difficult to defend.
�-5-
The Foreign Sovereign Immunities Act (FSIA), enacted in 1976
after careful deliberation, is consistent with international law
principles of foreign sovereign immunity. To the extent the
LIBERTAD bill would permit suits against agencies and
instrumentalities of foreign governments it would go far beyond
current exemptions in the FSIA. The LIBERTAD bill, unlike the
FSIA, would not require the agency or instrumentality to be
"engaged in commercial activity in the United States." Moreover,
the LIBERTAD bill contemplates suits against agencies or
instrumentalities of foreign states for any conduct that
constitutes so-called 11 trafficking 11 ; as defined in the LIBERTAD
bill this notion is broader than owning or operating property,
the FSIA standard.
Similarly, to the extent the provisions of the LIBERTAD bill
permitting suits against "entities" is construed to authorize
suits against foreign governments as well, it would go well
beyond current exemptions in the FSIA and under international law
for claims involving rights in property. Under the FSIA, a
foreign state (as distinguished from its agencies and
instrumentalities) is not immune only when the "property or any
property exchanged for such property is present in the United
States in connection with a commercial activity carried on in the
United States by the foreign state." The LIBERTAD bill would
appear not to impose those requirements.
In addition, suits
against "entities" would in these circumstances include those
brought against foreign governments other than Cuba that may have
acquired confiscated property in violation of no principle of
international claims law.
These potential expansions of the
exceptions from the immunity of foreign states, as well as their
agencies and instrumentalities, from the jurisdiction of U.S.
courts and their implications for U.S. liability in other
countries represent matters of great concern.
Some have suggested that even though the creation of a cause
of action such as that contemplated in Title III of the LIBERTAD
bill is not currently defensible under international law, the
United States should enact these provisions of the bill to
promote the development of new international law principles in
this area.
Suggestions of this sort in this context rest on a
dubious premise of how state practice contributes to international law. While the practice of states represents a source
of international law, state practice makes law only when it is
widespread, consistent and followed out of a sense of legal
obligation. The enactment of Title III in the face of serious
questions about its consistency with international law, and
without the support of the international community, would not
contribute positively to international law relating to the
expropriation of property.
In addition to being very difficult to defend under
international law, enactment of Title III would also undermine a
�-6-
number of important U.S. interests connected to these significant
international law concerns. General acceptance of the principles
reflected in Title III would harm U.S. business interests around
the world. At present and in general, the laws of the country in
which the property lies govern the rights to that property,
particularly with respect to real property. United States
businesses investing all over the world benefit from their
ability to rely on local law concerning ownership and control of
property. Under the precedent that would be set by Title III, a
U.S. business investing in property abroad could find itself
hailed into court in any other country whose nationals have an
unresolved claim to that property. Such a precedent could
increase uncertainties for U.S. companies throughout the world.
Perversely, Title III would hurt U.S. businesses most directly in
Cuba. U.S. businesses seeking to rebuild a free Cuba once a
transition to democracy begins will find themselves easy targets
of Title III suits, as U.S. corporations generally are subject to
the jurisdiction of our courts.
Congress should expect that the enactment of Title III of
the LIBERTAD bill, with its broad extra-territorial application
of U.S. law, significant departures from established claims
practice and possible contravention of international law, will
create serious disputes with our closest allies, many of whom
have already voiced their objections. The United States must
expect the friction created by Title III to hurt efforts to
obtain support in pressing for change in Cuba. Moreover, once
the transition to democracy does begin, Title III will greatly
hamper economic reforms and slow economic recovery as it will
cloud further title to confiscated property.
Perhaps most importantly, Title III of the LIBERTAD bill
would not benefit U.S. claimants. The private right of action
created by Title III, furthermore, would likely prove ineffective
to U.S. claimants.
Past experience suggests that countries
objecting to the extra-territorial application of U.S. law
reflected in Title III, most likely some of our closest allies
and trading partners, could be expected to take legal steps under
their own laws to block adjudication or enforcement of civil
suits instituted against their nationals. Moreover, many foreign
entities subject to suit would deem U.S. jurisdiction
illegitimate and fail to appear in our courts. Title III would
in those circumstances merely produce unenforceable default
judgements.
In addition, some commentators have estimated
potential law suits to number in the hundreds of thousands, so
the LIBERTAD bill would also clog our courts and result in
enormous administrative costs to the United States. As the
lawsuits created under Title III might not result in any increase
in or acceleration of compensation for U.S. claimants, these
costs would be unjustifiable.
�-7-
In so far as it departs from widely accepted international
claims law, Title III of the LIBERTAD bill undermines widelyestablished principles vital to the United States' ability to
assure that foreign governments fulfill their international
obligations for economic injury to U.S. nationals.
In doing so,
Title III hurts all U.S. citizens with claims against another
government. With respect to claims against Cuba specifically,
the cause of action contemplated in Title III of the LIBERTAD
bill will hamper the ability of the U.S. Government to obtain
meaningful compensation for certified claimants.
Consistent with
our longstanding and successful claims practice, at an
appropriate time when a transition to democracy begins in Cuba,
the United States will seek to conclude a claims settlement
agreement with the Cuban government covering certified claimants,
or possibly create some other mechanism to assure satisfaction of
their claims.
If Title III is enacted into law and U.S.
claimants have an opportunity, at least on paper, to receive
compensation for claimed properties from third party
"traffickers," the Cuban Government may simply refuse to address
these claims on the grounds that the claimants must pursue
alternative remedies in U.S. courts. Yet, as indicated
previously the prospects for broad recoveries in this manner are
very poor.
Even if Cuba accepts its international law responsibilities
with respect to U.S. claims, the United States can expect that a
large quantity of private suits would profoundly complicate
claims-related negotiations, as well as subsequent claims payment
procedures. Cuba might easily demand that the United States
demonstrate that each person holding an interest in any of the
nearly 6,000 certified claims, and possibly the tens of thousands
of uncertified claims, has not already received compensation via
a lawsuit or private settlement. As the United States will not
have records of private suits, let alone non-public out of court
settlements, doing so would be extremely difficult.
In addition,
dealing with unpaid judgments in this context would likely prove
particularly difficult.
Finally, the Castro regime has already used, and if enacted
into law would continue to use, the civil cause of action
contemplated by Title III of the LIBERTAD bill to play on the
fears of ordinary citizens that their homes or work places would
be seized by Cuban-Americans if the regime falls.
The United
States must make it clear to the Cuban people that U.S. policy
toward Cuban property claims reflects established international
law and practice, and that the future transition and democratic
governments of the Cuban people will decide how best to resolve
outstanding property claims consistent with international law.
�
Dublin Core
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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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Dublin Core
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Identifier
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DI-1299
Title
A name given to the resource
U.S. Department of State report, "Legal Considerations Regarding Title III of the Libertad Bill"
Date
A point or period of time associated with an event in the lifecycle of the resource
circa 1995
Creator
An entity primarily responsible for making the resource
United States. Department of State.
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
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 8 Folder 84
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
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<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
-
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PDF Text
Text
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT ANO BUDGET
WASHINGTON, D.C. 20503
September
(House)
20,
1995 (SENT)
STATEMENT OF ADMINISTRATION POLICY
(Trns
S1'ArP.Mf7.NT 11"5 Rl'J1N
(.'()01{0!~1\T}'.l)
BY
0MB
WITH THB CONCERNBD AOnNC:lfl-'1.)
H,R, 927 - Cuban Liberty and Democratic solidarity Act
(Burton (R) IN and 43 cosponsors)
The Administration supports the central objective of H.R. 927,
i.e., to promote a peaceful transition to democracy in Cuba.
However, H.R. 927 contains a number of seriously objectionable
provisions that would not advance U.S. interests in Cuba and
would damage other U.S. interests. Therefore, the President's
senior advisers would recommend that H.R. 927 be vetoed unless
the following provisions are deleted or amended:
The bill would encroach upon the President's exclusive
authority under the constitution to conduct foreign
affairs, or otherwise unduly limit tha President's
flexibility, by purporting to require the President or the
Executive branch to pursue certain courses of action
regarding Cuba. Mandatory provisions should be replaced
with precatory language in the following sections: 102(b);
104(a); llO(b); 112; 201; 202(e); 203(c)(l); and 203(c)(3).
The exemption in section 102(d) trom civil penalty
authority for activities related to research, education and
certain other purposes, and the burdensome requirement for
an agency hearing for civil penalties in other cases,
greatly limits the effoctivQnQss ot civil penalties as a
tool for improving embargo enforcement. Section 102(d)
should be amended to address this shortcoming.
Section 103 should be amended to make the prohibition of
certain financing transactions subject to the discretion of
the President.
Section 104(a) should be amended to urge U.S. opposition to
Cuban membership or participation in Intornational
Financial Institutions (IFis) only until a transition
government is in power to enable the IFis to support a
rapid transition to democracy in CUba. Section 104(b),
which would require withholding U.S. payments to IFis,
could place the U.S. in violation of international
commitments and undermine their effective functioning.
This section should be deleted.
Sections 106 and llO(b), which would dany foreign
assistance to countries, if they, or in the case of
�2
section 110(b), private entities in these countries,
provide certain support to Cuba, should be deleted.
Section 106 would undermine important U.S. support for
reform in Russia. Section llO(b) is cast _so broadly as to
have a profoundly adverse affect on a wide range of u.s.
Government activities.
Section 202(b) (2) (iii), which would bar transactions
related to family travel and remittances from relatives of
Cubans in the United States until a transition government
is in power, is too inflexible and should be deleted.
Sections 205 and 206 would establish overly-rigid
requirements for transition and democratic governments in
Cuba that could leave the United States on the sidelines,
unable to support clearly positive developments in Cuba
when such support might be essential. The criteria should
be "factors to be considered" rather than requirements.
By failing to provide stand-alone authority for assistance
to a transition or democratic government in Cuba, Title II
signals a lack of U.S. resolve to support a transition to
democracy in Cuba.
Title III, which would create a private cause of action tor
U.S. nationals to sue foreigners who invest in property
located entirely outside the United States, should be
deleted. Applying U.S. law extra-territorially in this
fashion would create triction with our allies, be difficult
to defend under international law, and would create a
precedent that would increase litigation risks tor U.S.
companies abroad. It would also diminish the prospects of
settlement o! the claims of the nearly 6,000 U.S. nationals
whose claims have been certified by the Foreign Claims
Settlement Commission. Because U.S. as well as foreign
persons may be sued under section 302, this provision could
create a major legal barrier to the participation of U.S.
businesses in the rebuilding ot Cuba once a transition
begins.
Title IV, which would require the Federal Government to
exclude from the United States any person who has
confiscated, or "traffics" in, property to which a U.S.
citizen has a claim, should be deleted. It would apply not
only to Cuba, but world-wide, and would apply to foreign
nationals who are not themselves responsible for any
illegal expropriation of property, and thus would create
friction with our allies. It would require the State
Department to make difficult and burdensome determinations
about property claims and investment in property abroad
which are outside the Department's traditional area ot
expertise.
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Pay-As-You-Go scoring
H.R. 927 would affect receipts; therefore, it is subject to the
pay-as-you-go requirement of the Omnibus Budget Reconciliation
Act (OB.RA) of 1990. OMB's preliminary scoring estimate is that
receipts would be insignificant. Final scoring ot this proposal
may deviate from this estimate.
*
*
* * *
�
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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Dublin Core
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Identifier
An unambiguous reference to the resource within a given context
DI-1295
Title
A name given to the resource
Statement of Administrative Policy on H.R. 927 Cuban Liberty and Democratic Solidarity Act
Date
A point or period of time associated with an event in the lifecycle of the resource
20 September 1995
Creator
An entity primarily responsible for making the resource
United States. Office of Management and Budget
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
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 8 Folder 84
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
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<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
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Dublin Core
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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>
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Dublin Core
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Title
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Members of the Massachusetts congressional delegation present Cuban President Fidel Castro with a Boston Red Sox jacket during trip to Cuba, 1998
Subject
The topic of the resource
Moakley, John Joseph, 1927-2001
Castro, Fidel, 1926-
McGovern, James P., 1959-
United States--Congress
United States--Foreign Relations--Cuba
Description
An account of the resource
Pictured left to right: John Joseph Moakley, Fidel Castro, William Delahunt, James P. McGovern, and Richard Neal
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 10.02 Photographs: Congressional Photographs, Box 8 Folder 129; also found in Series 10.05 Photographs: People Photographs, Box 1 Folder 14
Date
A point or period of time associated with an event in the lifecycle of the resource
1998
Rights
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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.
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<p>View the <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
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JPG
Type
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Still image
Photographs
Identifier
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DI-0019
Coverage
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tgn:7004624
Cuba
Foreign relations
Jim McGovern
Joe Moakley
U.S. Congress
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Omeka Image File
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Dublin Core
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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>
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John Joseph Moakley's invitation to Eucharist celebration in Cuba, 25 January 1998
Subject
The topic of the resource
Religious services
Cuba
Source
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 01.04 Administrative Files: Subject Files, Box 1 Folder 56
Date
A point or period of time associated with an event in the lifecycle of the resource
25 January 1998
Rights
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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.
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<p>View the <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
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JPG
Language
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English
Type
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Text
Cards
Identifier
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DI-0068
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tgn:7004624
Cuba
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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>
Still Image
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Title
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John Joseph Moakley and Fidel Castro during a congressional trip to Cuba, 1996
Subject
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Moakley, John Joseph, 1927-2001
Castro, Fidel, 1926-
United States --Foreign Relations--Cuba
Cuba
Source
A related resource from which the described resource is derived
Series 10.02 Photographs: Congressional Photographs, Box 7 Folder 111
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Date
A point or period of time associated with an event in the lifecycle of the resource
1996
Rights
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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
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<p>View the <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
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JPG
Type
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Still image
Photographs
Identifier
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DI-0218
Coverage
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tgn:7004624
Cuba
Foreign relations
Joe Moakley
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Omeka Image File
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8
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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>
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Title
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Group photograph of a congressional delegation in Cuba, 2000
Subject
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Moakley, John Joseph, 1927-2001
Bulger, William M.
Cuba
United States--Foreign Relations--Cuba
Description
An account of the resource
Pictured (left to right): unidentified man, unidentified man, William M. Bulger, John Joseph Moakley
Source
A related resource from which the described resource is derived
Series 09.03 Special Materials: Memorabilia, Box OS 39 Folder 623
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Date
A point or period of time associated with an event in the lifecycle of the resource
2000
Rights
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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
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<p>View the <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
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JPG
Type
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Still image
Photographs
Identifier
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DI-0350
Cuba
Foreign relations
Joe Moakley
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Dublin Core
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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>
Still Image
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Identifier
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DI-0351
Title
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John Joseph Moakley and William M. Bulger sitting at desk, congressional delegation to Cuba, 2000
Date
A point or period of time associated with an event in the lifecycle of the resource
2000
Description
An account of the resource
Pictured (left to right): John Joseph Moakley and William M. Bulger seated at table
Source
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Series 09.03 Special Materials: Memorabilia, Box OS 39 Folder 623
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Type
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Still image
Photographs
Format
The file format, physical medium, or dimensions of the resource
PDF
Subject
The topic of the resource
Moakley, John Joseph, 1927-2001
Bulger, William M.
Cuba
United States--Foreign Relations--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
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<p>View the <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Cuba
Foreign relations
Joe Moakley
-
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PDF Text
Text
FOR IMMEDIATE RELEASE
January 19, 1996
CONTACT: Karin Walser
w:202-225-7300
h:202-232-6550
Jim McGovern
w:202-225-8273
h:202-546-8933
Mike Ryan (ABC
Forum on Cuba)
h:202-543-3210
MOAKLEY STATEMENT ON CUBA TRIP
WASHINGTON -- Congressman Joe Moakley released the following
statement from his office today on his recent trip to Cuba:
"I traveled to Cuba for two basic reasons --- first, to try
to create an atmosphere in which relations between the US and
Cuba could be improved; and, second, to find ways to support
ordinary Cuban people.
My trip was hosted by the ABC Forum on Cuba, a non-profit
organization dedicated to educating US citizens on issues related
to Cuba and to supporting the activities of NGO's promoting human
rights and helping the Cuban people.
Our delegation consisted of 23 participants ranging from
business leaders to NGO's like the Boston-based Oxfam America.
I met with a variety of people while in Cuba -- including top
Cuban government officials, church leaders, dissidents, NGO's,
foreign diplomats, US officials.
I even had the chance to visit a small group of farmers who are
working with Oxfam on a project to increase agriculture
production for sale on the open market. These farmers and all
the ordinary people I had the chance to meet, were excited to
talk with our delegation and candid about their hopes for closer
ties with people in the United States.
In addition, my aide Jim McGovern and I had a 2 hour private
meeting with Cuban President Fidel Castro. Afterwhich, the Cuban
leader met with our entire group for another 2 hour session. I
told President Castro that we are at a crossroads in terms of USCuba relations. The United States Congress is nearing final
action on the so-called Helms-Burton Bill which, if signed into
Joe Moakley, U.S. House of Representatives, Room 235, Cannon Office Building, Washington, D.C. 20515, 202-225-7300
~ ·
�Moakley release
page 2
law, will strengthen the current economic embargo and end any
possibility for improved relations anytime in the near future.
I told President Castro that there must be more movement in
Cuba with regard to human rights and economic reforms -- and
urged him to act now. He seemed responsive and pledged to give
my request very serious and immediate consideration.
We also had an excellent meeting with Jamie Cardinal Ortega
the Roman Catholic Cardinal in Cuba. His Eminence told us
that the official position of the Catholic Bishops was against
the US embargo for humanitarian reasons. He also was very clear
about his continued concerns regarding human rights abuses that
currently exist in Cuba.
On a related matter, I raised with the Cuban leadership my
hope that they would invite Pope John Paul II to visit Cuba
during his visit to the Caribbean later this year.
My trip began and ended with important meetings with Cuban
dissident groups. While these people suggested that the
difficulties in Cuba run much deeper than the economic hardships,
a majority of those we met expressed opposition to the HelmsBurton legislation.
One of the things that stunned me the most about my trip is
the explosion of independent entrepreneurship. There are roughly
208,000 independent family businesses operating in Cuba. This
entrepreneurship is allowing people greater personal freedom from
government controls. When people are no longer dependent on the
government for their jobs, they are freer from economic coercion.
I got the sense that the Cuban government recognizes that these
small businesses are necessary for the country's economic
viability and are accepting the political space that they create.
In fact, Caritas (a Catholic charitable organization in
Havana) described its plans to establish training programs to
help these fledgling businesses succeed. Michael Ryan, President
of ABC Forum on Cuba, which organized the trip said: "It was
great to see our group get excited about helping support the
Cuban people, particularly in their efforts to form small
businesses and independent NGOs. A number of our participants
expressed a real desire to support these efforts after we
concluded our trip."
The European Union is about to hold talks with the Cubans on
closer economic ties -- and is using this opportunity to urge the
Cuban government to improve its human rights record. The United
States could have ten times more leverage with Cuba than the
�Moakley release
page 3
Europeans if we got serious about improving relations. Right now
the embargo leaves us completely out of the picture.
I'm afraid
if we let Helms-Burton become law, we will lose an important
opportunity to improve the situation in Cuba. Of all the
meetings I had, there was consensus on one thing -- that the
future of Cuba will be decided by Cubans on the island. The
degree to which we can encourage positive change will depend on
whether or not we defeat Helms-Burton.
-30-
�
Dublin Core
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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>
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Identifier
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DI-1292
Title
A name given to the resource
List of ABC Forum on Cuba Participants as of 1/12/1996
Date
A point or period of time associated with an event in the lifecycle of the resource
12 January 1996
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 99
Type
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Text
Documents
Format
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PDF
Language
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English
Subject
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
Cuba -- Foreign relations -- United States.
Rights
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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
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<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
-
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f2986cd01685961814625a7a2c01f574
PDF Text
Text
What's Wrong with Helms/Burton?
Administration Talking Points
0
The Helms bill would not promote a peaceful transition in
Cuba.
New sanctions against foreign investors
("traffickers") would provide a rallying point for Castro
inside Cuba, and allow him to keep the focus on "U.S.
aggression" rather than on the need for reforms.
0
The bill's attempts to increase existing pressure on the
Cuban government would likely be counterproductive, and
could be more damaging to U.S. interests than to Castro.
0
The bill would create serious frictions with our allies at
a time when they are becoming more active and helpful in
promoting human rights in Cuba. Because of its
extra-territorial reach, the Helms bill will focus allies'
attention on opposing U.S. policy, rather than on pressing
for democracy in Cuba.
0
While U.S. policy is to discourage foreign investment in
Cuba, particularly when it would involve expropriated U.S.
properties, our efforts to deter it should not prompt us to
sacrifice our broader interests or undermine valuable
principles of international law.
0
Title III of the bill, which would allow U.S. nationals
with expropriation claims against Cuba to sue in U.S.
courts third country nationals who invest ("traffic") in
those properties, is a bad idea.
It could clog up U.S. courts with a flood of lawsuits,
filed mainly by Cuban-Americans.
It would complicate prospects for resolving the claims
of certified U.S. claimants (and hamper future Cuban
privatization efforts) by tying up properties in
court. Certified U.S. claimants oppose this bill.
It would create a dangerous precedent that, if
followed by other countries, could expose U.S.
investors in Eastern Europe, China or elsewhere .t.Q
lawsuits in third countries anywhere in the world
brought by disgruntled property claimants.
It would be extremely difficult to justify under
international law and has already drawn harsh
criticism from our allies.
0
0
0
The U.S. expects to negotiate successful resolution of
certified claims with a future Cuban Government under
existing international law, and assist other U.S. claimants
as well.
The U.S. already has in place against Cuba its toughest and
most comprehensive economic embargo. The embargo has
helped to force the limited but positive economic changes.
Let's keep international pressure on Castro, not focus it
on ourselves.
�Questions and Answers on
The Cuban Liberty and Democratic Solidarity Act
(The Helms/Burton Bill)
1.
Isn't Helms/Burton just what we need to get rid of Castro?
Shouldn't we toughen U.S. policy?
2. Haven't recent changes in the Helms bill taken care of all
the Administration's problems?
3. Would Title III lawsuits really violate international law?
4. Shouldn't we try to move international law in the direction
of penalizing "traffickers?" Wouldn't U.S. business be
better off?
5. Will Title III help U.S. claimants get their properties
back, or get compensation for their losses?
6.
Is there any hope U.S. claimants will get compensation from
Cuba without Title III? What about Cuban-Americans who
weren't U.S. citizens when their property was taken?
7. Can the Cuban Government be sued under Title III? Does
international law permit that?
8. How may lawsuits are likely to be filed?
9. How will Helms/Burton affect Cuba's transition process once
a transition government is in power?
10. What do U.S. allies think about the bill?
Question:
Won't the Helms/Burton legislation give Castro the "final push"
necessary to get rid of him? Shouldn~t U.S. policy be
toughened?
Answer:
o
The Helms bill would NOT promote a peaceful transition in
Cuba.
The bill's attempts to increase existing pressure on
the Cuban government would likely be counterproductive.
o
New sanctions against foreign investors ("traffickers")
would provide a rallying point for Castro inside Cuba, and
allow him to keep the focus on "U.S. aggression" rather
than on the need for political and economic reforms.
o
The bill would also create serious frictions with our
allies at a time when they are becoming more active and
helpful in promoting human rights in Cuba.
o
It is difficult to find new, constructive ways to apply
pressure on the Castro regime because the U.S. already has
in place against Cuba its toughest and most comprehensive
economic embargo, The embargo has helped to force the
limited but positive economic changes taking place in Cuba.
o
While the U.S. discourages foreign investment in Cuba,
particularly when it would involve expropriated U.S.
properties, such investment will not ultimately determine
the fate of the Cuban regime. Our efforts to deter it
should not prompt us to sacrifice our broader interests or
undermine valuable principles of international law.
�-
2 -
Question:
Haven't the revisions made in the Helms Bill resolved all the
concerns the Administration expressed about the bill earlier?
Answer:
o
No. The Administration still opposes the bill in its
current form.
o
The Helms bill would not promote a peaceful transition in
Cuba.
( see previous question.)
o
In addition, many of its provisions recklessly disregard
broader U.S. interests and relationships and could be
difficult to defend under international law.
o
We are particularly concerned about Title III, which would
create a "right of action" for U.S. nationals with property
claims in Cuba to sue those who invest ("traffic") in those
properties in U.S. courts.
Question:
Would Title III lawsuits really violate international law?
Answer:
o
The right to sue created in Title III would represent an
unprecedented extra-territorial application of U.S. law
that would be very difficult to defend under international
law. The principles behind Title III are not consistent
with the traditions of the international system.
o
U.S. allies have already objected to what they see in Title
III as an improper extra-territorial extension of U.S. law.
o
This right to sue is different from existing provisions of
law which permit U.S. courts to apply principles of
international law in that it involves an extra-territorial
applicaton of U.S. law.
o
The provisions permitting suits against agencies and
instrumentalities of foreign states present still other
legal difficulties.
o
The Department of State has prepared a more detailed
discussion of legal considerations regarding Title III,
which is attached.
�-
3 -
Question:
Shouldn't the U.S. try to "move" international law in the
direction of Title III? Wouldn't U.S. business be better off?
Answer:
0
U.S. business interests abroad would be significantly
damaged if the rest of the world were to follow the
precedent that would be established by Title III.
0
It is well-settled international practice that questions of
ownership of property is determined by the state in which
that property is located.
0
It is the expropriating government that is responsible for
confiscations in violation of international law, not
subsequent investors.
0
Businesses and investors worldwide rely on the
determinations of title made by the governments in the
countries in which property is located.
0
U.S. businesses engage in more international investment
than those from any other country, and profit from these
established "rules of the game."
0
If other countries adopted laws like Helms/Burton, however,
U.S. businesses investing in China, the former East Germany
or Israel, for example, could find themselves subject to
unforeseen lawsuits by disgruntled property claimants from
third countries in the courts of those third countries.
Question:
Will Title III help U.S. claimants get their property back, or .
get compensation?
Answer:
o
Just the opposite. Title III will enormously complicate
the U.S. Government's ability to settle property claims
against Cuba. That's why most U.S. claimants are on record
as strongly opposing these provisions.
o
A flood of pending lawsuits during Cuba's inevitable
transition to democracy and market economics will delay
privatizations and other reforms.
o
Pending lawsuits will also make it more difficult for the
U.S. Government to negotiate a government-to-government
claims settlement agreement because we will likely be
required to determine, on a case-by-case basis, which of
the nearly 6,000 U.S. claimants have availed themselves of
the Title III provision.
�-
4 -
Question:
Is there any hope for certified U.S. claimants to get
compensation without Title III? What about Cuban American
claimants?
Answer:
o
Yes.
In the last several years, the U.S. Government has
negotiated government-to-government claims settlement
agreements in a number of countries that have resulted in
significant compensation for U.S. claimants We expect to
do the same for -- or otherwise satisfactorily resolve
U.S. citizen claims against Cuba when conditions are
right.
(The current Cuban Government would be unlikely to
agree to appropriate terms.)
o
While a government-to-government claims settlement
agreement would cover only expropriations that violated
international law -- those involving claimants who were
U.S. citizens when their property was taken, the U.S.
Government intends to encourage future Cuban Governments to
establish a mechanism under Cuban law to resolve all
property claims, including those of Cuban Americans.
Question:
How many lawsuits are likely to be filed under Title III?
Answer:
o
The truth is that no one knows how many lawsuits will be
filed under Title III, but the universe of potentially
eligible claimants could number in the hundreds of
thousands. While not all eligible claimants would file
suits, if even a relatively small percentage of them did it
could clog up U.S. courts and greatly complicate the tasks
of resolving claims and assisting Cuba's economic recovery.
o
While it could be difficult for plaintiffs to obtain
damages from defendants without assets in the U.S., that
would not prevent plaintiffs from filing suits to obtain
default judgments for use in later negotiations.
Question:
Could the Cuban Government be sued?
international law?
Would that violate
�-
5 -
Answer:
o
Title III permits suits against "any person or entity,
including any agency or instrumentality of a foreign state
in the conduct of commercial activity." The bill thus
appears to permit suits against agencies and
instrumentalities of both the Cuban and other foreign
governments in circumstances that go well beyond existing
law and that would be highly problematic under
internationally-accepted priniciples of foreign sovereign
immunity.
o
Other ambiguities in the bill create at least the
possibility that foreign states themselves -- not only
their agencies and instrumentalities -- could be sued in
U.S. courts. This would present even greater difficulties
under international law and damage to the interests of the
U.S. Government.
Question:
How will the Helms bill affect transition and democratic
governments in Cuba?
Answer:
o
o
While the bill calls for the development of a ''plan" for
U.S. and international assistance to transition and
democratic governments, it contains no authorization of
funds to provide such assistance.
The bill suggests that only limited humanitarian assistance
should be offered to a transition government in Cuba at the
very moment it would most need U.S. help in consolidating
democratic and free market institutions.
o
The U.S. would also be barred from supporting Cuban
membership in the IMF, World Bank and IDB until there is a
democratic government in power, effectively preventing many
of the kinds of support for a transition government these
sources could offer.
o
The requirement in section 104 that the President withhold
U.S. contributions to these institutions if loans to Cuba
are approved over U.S. objections could violate the U.S.
Government's commitments to those organizations and
undermine their effectiveness.
o
If the purpose of Title II of the bill is to offer hope and
incentive to those inside Cuba who seek change, the current
version offers little prospect for significant U.S. help.
�-
6 -
o
Worse still, Title III of the bill will make it extremely
difficult for a transition government to resolve property
claims and privatize state enterprises, and so actively
hamper the efforts of such a government to restore
stability and prosperity to the Cuban economy.
o
Perhaps one of the most objectionable aspects of Title III
is that it will hurt U.S. business seeking to enter the
Cuban market once the transition to democracy begins.
Ironically, the most likely targets of Title III lawsuits
would be U.S. companies seeking to participate in the
rebuilding of a free and independent Cuba.
�
Dublin Core
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Title
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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>
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Identifier
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DI-1297
Title
A name given to the resource
Talking Points regarding What's Wrong with the Helms-Burton bill (H.R. 927)
Date
A point or period of time associated with an event in the lifecycle of the resource
circa 1995
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
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 8 Folder 84
Type
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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
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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
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<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/334e6318e0e055fb7ee402bdd5755efd.pdf?Expires=1712793600&Signature=udf4FLdTSQeWYWIUHYJnFQSh1yyK63FadhWFSUjf479AngDnrLLN7j2s62snxvP4UAliB-9p-tWNzg6-zEC-h%7EExm6CLjwSvtnRHOXqBZrJppRg7QeWEskNPubyC8a86-BrFcXY7Zoa2l4OJ0E1qXu-weWzQCkOTALMtukKVkzZ9ciqrYJvZHrnyu9fi8lHfB1Y8aAYPzI9Lxmz9udDuF-9BeOm6ovUui5-8kYAJIY1jkKxNWe1nPmiznDvXg4HuGPqi26mYdsSXmu4A2xLZFG2iD8l7dnPg93ucQq11BX81ZmXNV5aYTKdeI8ZOG9uxNvnFCaSPnF2p-MtpZv3yTw__&Key-Pair-Id=K6UGZS9ZTDSZM
4c80669e248192772534c1bf048e3434
PDF Text
Text
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CONFERENCE REPORT ON HELMS-BURTON
Although it is unclear whether the draft Conference Report on
Helms-Burton legislation accurately reflects what the
Conference will ultimately decide, the draft report adopts
significant portions of the more radical House bill.
It will
closely resemble the bill that Secretary Christopher has
recommended that the President veto.
In all but two or three
areas in which there is a substantive difference between the
House and Senate versions, the Conference Report adopts the
version that is more objectionable to the Administration.
Iitle III
While the number of lawsuits likely to be brought under Title
III has been reduced as a result of Conference changes, these
changes to do address our underlying principled objections.
The impact of Title III on our relations with allies, prospects
for settling certified claims, our broader international claims
practice, and for Cuba's transition would still be extremely
negative.
Our international law objections remain applicable.
(See separate description of the revised Title III.)
Title IV (Visa Ineligibility for ''Traffickers"}
It appears certain that Conferees will include some version of
the House provision, global in scope, barring entry into the
U.S. by "traffickers" in expropriated property.
It is
possible, however, that the language may be softened to allow
that Administration flexibility in determining when to apply
the exclusion.
In either case, implementation would be
problematic and would create serious friction with our allies.
Re~uirements
for
Transition and
Democratic
Governments
Conferees will adopt the strict requirements, closer to the
House version, for both a transition and a democratic Cuban
Government. Among the requirements for a transition government
are that it dissolve the Department of State Security and that
Fidel or Raul Castro not be included in such a government
(regardless of whether they had agreed to elections and other
democratic reforms.)
IFI
Programs during a TransitLQ.D
While conferees will adopt Senate language allowing U.S.
support for IFI loans during a transition in Cuba, the
requirement to oppose Cuban memberships in IFis until a
democratic government is in power could -- depending on the
rules of the applicable IFI
make it effectively impossible
to approve loans.
Assistance Plan tor Cuba Under Transitipn/Pemocratic
Governments
The draft report indicates the Conference will adopt the House
version of the provisions concerning assistance to Cuba under
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2 -
future governments. Although the House version contains a
provision which appears to permit planning for assistance
determined to be 11 essential to the successful completion of the
transition to democracy," which could cover democracy-building
and other types of assistance beyond humanitarian aid, the
provision is so badly drafted as to create considerable
ambiguity about its scope. The House version still would
require additional authorizing legislation before the USG could
provide any assistance. This latter element would reduce the
attractiveness of Title I I as a "carrot'' for change in Cuba.
Remittances
The Conferees will adopt the Senate's sense of Congress
provision concerning circumstances under which the USG should
generally license remittances or travel-related transactions.
There is no indication, however, that the Conferees will delete
the House language which appears to prohibit~ remittances
until there is a transition government in Cuba.
li.ews Bureaus
The authorization for news bureaus stipulates that the
authorization is available only if, among other things, Radio
and TV Marti journalists are allowed to gather news in Cuba
without interference before any news bureaus are established.
This would essentially contradict our statements to both the
public and the Cuban Government regarding implementation of the
President's October 6 measures. Although we may, as a
technical legal matter, be able to proceed with the President's
news bureaus decision on the basis of separate statutory
authority, the inclusion of the purported requirements could
create a significant political difficulties for our news
bureaus policy.
support for the Cuban People
Language will be included authorizing U.S. assistance to
support democratic groups in Cuba, but with a requirement that
"no funds or assistance be provided to the Cuban Government."
Since the GOC or its entities (such as state-run hotels) could
derive limited, indirect financial benefit from assistance,
this language could interfere with our grant to Freedom House
or other projects.
Russian Aid
Conferees will adopt Senate version of the restrictions (which
are broader in scope than those in the House version) on
assistance to NIS states for involvement with SIGINT facilities
in Cuba and will include the House provisions restricting
assistance to countries or entities that assist in the
completion of a nuclear power plant in Cuba. The Conferees
will preserve the waiver/carve-out provisions which make these
provisions less problematic.
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Sugar/Trade
The mild Senate version of the provision concerning trade with
countries which import Cuba sugar, which simply exhorts the
Administration to enforce current law, will be adopted.
Civil Penalties
The Conference report would preserve the Senate language
authorizing the Administration to make use of civil penalties
in enforcing embargo regulations on educational, religious and
other travel. This would be useful.
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STATE LEG AFF.
Helms-Burton Title III - conference version
The revised version of Helms-Burton Title III likely to be
approved by House-Senate conferees includes several significant
changes.
While these changes will reduce in practical terms
the scope of problems the bill would cause by either limiting
the numbers or delaying the filing of lawsuits, they do not
address the central objections the Administration has expressed.
Signifi~ant
o
Changes
During the first two years after enactment, only certified
claimants could file suit against "traffickers.'' Cuban
Americans with claims could file them after that time.
This change would for a time significantly reduce the
potential number of Title III suits filed.
o
Court judgments against the Cuban Government and its agents
and instrumentalities would not be enforceable against
transition or democratic governments.
(Because of
ambiguities in the language, courts might rule that
judgments against Cuban governmental agencies and
instrumentalities could be enforced against those entities
but not the government itself -- even after a transition.
This change would address to some extent our concerns
that such judgments would burden future governments
while they are trying to resolve property issues and
begin Cuba's economic reconstruction.
It would also
discourage suits against the current Cuban Government,
since there would be little possibility of recovering
damages.
o
A filing fee would be established to defray the costs of
processing cases in federal courts.
While it is not clear that such a filing fee would
cover all costs nor eliminate all the administrative
problems the suits, this change will allow proponents
to argue that Title III will be "budget neutral."
o
The "threshold" property value requirements for a Title III
is $50,000, not including interest,
Our reading of the
bill suggests that a suit could be filed if EITHER the
value of the property at the time of the taking of property
OR its current "fair market value" exceeds $50,000.
While this new threshold may reduce the number of
eligible claimants somewhat, there would still be a
large pool of eligible plaintiffs.
The Foreign Claims
Settlement Commission certified 259 claims with a
principal value over $50,000.
The value of many
properties on which other certified claims are based
will likely have appreciated to more than $50,000
since then.
We have no record of how many properties
now claimed by Cuban-Americans would be valued at more
than $50,000.
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o
Several changes to the bill would in effect allow almost
all claimants, particularly certified claimants, to seek
treble damages.
o
The authority of the President to suspend Title I I I suits
after a transition government is in power is clearer now.
Any exercise of this authority by the President would
be extremely difficult in practical terms, and could
give rise to takings litigation against the U.S.
o
Certified claimants would get first priority if a pool is
established, e.g. a class action settlement fund, to pay
Title III lawsuits.
This change attempts to address the concerns of
certified claimants.
o
The bill now sets a two year statute of limitations period,
such that suits may not be brought more than two years
after trafficking occurs.
While this could preclude some old cases, the broad
definition of utrafficking" to include 11 use" of
property means that ongoing trafficking, even if it
began more than two years ago could still serve as the
basis for a lawsuit.
Central Administration Concerns that Remain
o
The right of action, no matter how limited, still will be
challenged by our allies as an improper extra-territorial
application of U.S. law. We would strenuously object if
other countries sought to deter U.S. investment in Germany
or China in this fashion.
o
Even a more limited number of suits will still constitute a
dangerous precedent that, if followed by other countries,
would increase the litigation risks of U.S. businesses
abroad.
o
In current form, the bill would in fact permit lawsuits
against U.S. companies investing in u.s.-claimed properties
in Cuba after a transition government is in power.
o
Title III still circumvents, and so undermines, the
internationally recognized and accepted claims resolution
process.
It will still complicate USG efforts to seek
compensation for certified claimants.
14] 006/011
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o
The new version of Title III still damages prospects for a
transition to democracy.
It will allow the Cuban
Government to depict the U.S. -- and particularly Cuban
Americans -- as poised to take away homes and schools.
It
sends the wrong signal to the Cuban people about how the
U.S. intends to seek resolution of claims, and what role
the U.S. is prepared to play during a transition.
o
Title I I I might still generate a large number of lawsuits
in U.S. federal courts. Fees might not fully cover added
costs, and the administrative burden will still likely be
onerous.
o
Title I I I still permits suits against agencies and
instrumentalities of foreign states -- and perhaps foreign
states themselves, in a manner which is not supported under
international law.
f4J 007 /0ll
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Talking Points on Revised Title III
o
The right of action, even if limited, is an improper use of
federal courts and an improper extra-territorial
application of U.S. law. Our allies will still strongly
object to this version of Title III. N.!a would strenuously
object if other countries sought to deter U.S. investment
in other countries in the world in this fashion.
o
The bill will still constitute a dangerous precedent that,
if followed by other countries, would increase the
litigation risks of U.S. businesses abroad.
o
Title III still circumvents, and so undermines, the
internationally recognized and accepted claims resolution
process.
The U.S. Government has been very successful in
obtaining compensation for U.S. claimants in other
countries under this process.
o
Title III will still complicate USG efforts to seek
compensation for certified claimants.
It will be difficult
and time-consuming to sort out which claimants have
received damages under Title III, which have not, which
cases are still pending, etc. These delays will hurt both
U.S. claimants and Cuban efforts to privatize assets.
o
Among the primary targets of lawsuits could be U.S.
businesses investing in Cuba after a transition government
is in power.
o
The new version of Title III still damages prospects for a
transition to democracy.
It will allow the Cuban
Government to depict the U.S. -- and particularly Cuban
Americans -- as poised to take away homes and schools on
the island.
The bill sends the wrong signal to the Cuban people
about how the U.S. intends to seek resolution of
claims, and what role the U.S. is prepared to play
during a transition.
o
Title III might still generate a large number of lawsuits
in U.S. federal courts. Fees might not fully cover added
costs, and the administrative burden will still likely be
onerous.
14] 008/011
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What's Wrong with Helms/Burton?
Administration Talking Points
0
:the Belms bill would not promote a peaceful transition in
Cuba.
New sanctions against foreign investors
("traffickers") would p:r:ovide a rallying point for Castro
_inside Cuba, and allow him to keep the focus on "U.S.
aggression" rather than on the need for reforms.
0
The bill's attempts to increase existing pressure on the
Cuban government would likely be counterproductive, and
could be more damaging to
interests than to ~astro.
u.s.
0
The bill would create serious fricticns with our allies at
a time when they are becoming more active and helpful in
promoting human rights in Cuba. Because of its
extra-territorial reach, the Helms bill will focus allies'
attention on opposing U.S. policy, rather than on pressing
for democracy in Cuba.
0
While U.S. policy is to discourage foreign investment in
Cuba, particularly when it would involve expropriated U.S.
properties, our efforts to deter it should not prompt us to
sacrifice our broader inte~est~ or undermine valuable
principles of international law.
0
Title III of the bill, which would allow U.S. nationals
with e~propriation claims against Cuba to sue in U.S.
courts third country nationals who invest ("traffic") in
those properties, is a bad iooa.
It could clog up u,s, courts with a flood of lawsuits,
filed mainly by Cuban-Americans.
It would complicate prospects for resolving the claims
of certified U.S. claimants (and hamper future Cuban
privatization efforts) by tying up properties in
court.
Certified U.S. claimants oppose this bill.
It would create a dan9erous precedent that, if
followed by other countries, ~o~ld ex~ose U.S.
investors in Eastern Europe, China or elsewhere .t.o.
lawsuits in third countries anywhere in the world
brought by disgruntled property claimants.
It would be extremely difficult to justify under
international law and has already drawn harsh
criticism from our allies.
o
The u.s. expects to negotiate successful resolution o±
certified claims with a future Cuban Government under
existing international law, and assist other U.S. claimants
as well.
o
The
already has in place against Cuba its toughest and
most comprehensive ecQnQrnic embargo.
The embargo has
helped to force the limited but positive economic changes.
o
Let's keep international pressure on Castro, not focus it
on ourselves.
u.s.
[4J 009/011
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STATE LEG AFF.
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
Qj:
MANAGE.MEW ANO BUOCil:T
WASHINGTON, D.C. 2'06Q3
September 2 o,
199 5 ( SENT)
(House)
STATEMENT OF ADMINISTRATION POLICY
H.R. ~22 - Cuban Liberty ang Democr~tic solid~rjty Act
(Burton (R) IN and 43 co•ponsors)
The Aciminis~ration suppo~ts tha central objective ot H.R. 927,
i.e., to promote a peaceful transition to democracy in cuba.
However, H.R. 927 contains a number o! aeriously objectionable
provisions that would not advance U.S. interests in Cuba and
would damage other U.S. interests. Therefore, the President•s
senior advisers would recommend that H.R. 927 be vetoad unless
the follo~ing ~revisions are deleted or amended:
The bill would encroach upon the President's exclusive
authori~y under the Constitution to conduct tor~ign
affairs, or otherwise unduly limit th& President's
!lexioility, by purporting to require the President or the
Executive branch to pursue certain courses o! ac~ion
regarding Cuba.
Mandatory provisions should be replaced
with pr~eatory language in the !ollowing sections: l02(b);
1 o4 (a) ;
11 o (b) ;
112 ; 2 o1 ; 2 o2 ( e) ;
2 a 3 ( c) ( l) ; and 2 a J ( c) ( J) .
The e~emption in section l02(d} from civil penalty
auehority for activities relatQd to research, education and
certain oth~r purpo5es, and the burdensome requirement for
an agency hearing for civil penalties in other oases,
greatly limits the effactivQnQSS or civil penalties as~
tool for improving embargo enforcement. Section 102(d)
should be amended to address this shortcoming.
Section 103 should be amended to make the prohibition of
certain rinancing transactions subject to the discretion of
the President.
section 104{a) should be amended to urge U.S. opposition to
Cuban membership or participation in Intornational
Financial Institutions (IFis) only until a transition
government is in power to enable the lFis to support a
rapid transition to democracy in CUba. Section 104(b),
which would require withholding U.S. payments to IFis,
could place the U.S. in violation of international
commitments and undermine their ef!ective tunctioning.
This ~ection should be deleted.
sections 106 and llO(b), ~hich would dony foreign
asei~tance to countries, i ! they, or in tho c~se ot
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2
section llO(b), private entities 1n these countries,
provide certain support to Cuba, should be deleted.
Section 106 would undermine i~portant U.S. support for
reform in Russia. Section llO(b) is cast .so broadly ae to
have a profoundly adverse affect on a ~ida range of U.S.
Government activities.
Section 202(b) (2) (iii), which would bar transactions
related to family travel and remittances from relatives of
Cubans in the United States until a transition government
is in power, is too inflexible and should be delQted.
Sec~ions 205 and 206 would establish overly-rigid
requirements for tr~nsition and democratic governments in
Cuba that could lGave the United States on the sidelines,
unable to support clearly positive developments in Cuba
when such support might be essential. The criteria ahould
be "factors to be considered" ra'thCilr than requirements.
By failing to provide stand-alone authority for assistance
to a transition or democratic goverrunent in Cuba, Title II
signale a lack of U.S. resolve to support a transition to
democracy in Cuba.
Title III, which would create a private cause of action !or
u.s. na~ionals to sue foreigners who invest in property
located entirely outside the United states, should ge
deleted. Applying U.S. law extra-territorially in this
fashion would create friction with our allies, be difficult
to defend under international law, and would create a
precedent that would increase litigation risks tor U.S.
companies abroad. It would also diminish the prospects of
settlement o! the claims ot the nearly 6,000 U.S. nationals
whose claims have been certified by the Foreign Claims
Settlement Commission. Secause U.S. as well as foreign
persons may De suQd under section 302, this provision could
create a major l8gal barrier to th• participation of U.S.
businesses in the rebuilding o! Cuba onca a transition
.begins.
Title IV, which would require the Federal Government to
exclude from the UnitQd States any parson who has
confiscated, or 11 traffics 11 in, property to which a u.s.
citizen h~s a claim, should be deleted. It would apply not
only to Cuba, but wcrld-vide, and would apply to foreign
nationals who are not themselves responsible tor any
illegal expropriation of property, and thus would create
friction with our allies. It would rQquire tha State
Department to make difficult and burdensome determinations
about property claims and investment in property 4broad
which are outside the Department'9 traditional area of
expertise.
�
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
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DI-1301
Title
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Drafts of conference reports on the Helms-Burton bill (H.R. 927)
Date
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October 1995
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 8 Folder 84
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PDF
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English
Subject
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
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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.
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<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
-
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PDF Text
Text
updated 12/1/95
*=SFRC Member
Member
STAFF
PHONE
HR 927 Including Title III
OPPONENTS TOTAL: 44
Akaka, Daniel (D-HI)
Baucas, Max (D-MT)
Biden, Joeseph (D-DE)*
Bingaman, Jeff (D-NM)
Boxer, Barbara (D-CA)
Bond, Christopher (R-MO)
Breaux, John (D-LA)
Byrd, Robert (D-WV)
Bumpers, Dale (D-AR)
Chaffee, John (R-RI)
Conrad, Kent (D-ND)
Daschle, Thomas (D-SD)
Dodd, Chris (D-CT)*
Dorgan, Byron (D-ND)
Exon, J. James (D-NE)
Feingold, Russ (D-WI)*
Feinstein, Dianne (D-CA)*
Ford, Wendell (D-KY)
Glenn, John (D-OH)
Grams, Rod (R-MN)*
Harkin, Tom (D-IA)
Hatfield, Mark (R-OR)
Inouye, Daniel (D-HI)
Jeffords, James (R-VT)
Johnston, J. Bennett (D-LA)
Kassebaum, Nancy (R-KS)*
Kennedy, Edward (D-MA)
Kerrey, J. Robert (D-NE)
Kerry, John (D-MA)*
Kohl, Herb (D-WI)
Levin, Carl (D-MI)
Leahy, Patrick (D-VT)
Lugar, Richard (R-IN)*
Mikulski, Barabra (D-MD)
Moynihan, Patrick (D-NY)
Moseley-Braun, Carol (D-IL)
Murray, Patty (D-WA)
Nunn, Sam (D-GA)
Pell, Claiborne (D-RI)*
Pryor, David (D-AR)
Rockefeller, John (D-WV)
Sarbanes, Paul (D-MD)*
Simon, Paul (D-IL)
Wellstone, Paul (D-MN)
Paul Cardus
224-6361
Cari Dohn
224-2651
Stephanie Eglinton
224-5042
224-5521
Marco Jaramillo
224-3553
Matt Kagan
224-5721
Jeff Kuhnreich
Sarah Lyons
224-4623
224-3954
Lisa Tuite
Brian Moran
224-4843
224-2921
John Seggerman
Tom Mahr
224-2043
Brad VanDam
224-2321
Janice O'Connell
224-3953
Jeremy Bates
224-2551
Andy Johnston
224-4224
Robyn Liberman
224-5323
Kelly Amis
224-3841
Kimberly Caney
224-4343
Pat Buckheit (f.)
224-3353
Pat Eveland
224-3244
Rosemary Guiterriez
224-3254
Karen Mattson
224-3753
Keith Gouveia
224-3934
Lori Schultz-Heim
224-5141
Casey Ilvino/Raymond Paul 224-5824
Derek Schmidt
224-4774
Trina Vargo
224-4543
Lorenzo Goco
224-6551
Nancy Stetson
224-2742
Naomi Baum
224-5653
Rich Arenberg
224-6221
Tim Reiser
224-2414
Andy Semmel
224-4814
224-4654
Julia Frifield
Michael Lostumbo
'224-4451
Dana Bender
224-2854
Tom Scott
224-2621
Rocky Reif
224-3072
Ed Hall
224-4642
Todd Menotti
224-2353
224-6472
Ken Levinson
Vince San Fuentes
224-4524
Todd Stein/Mark Norman
224-2152
Colin McGinnis
224-5641
�L~ANING OPPONENT : 4
Roy Phillips
Kristin Michel
Barry Phelps/Winston Lott
Chuck Blahous
224-6621
224-3441
224-4124
224-3424
Robert McArthur
Ron Lewis/Nick Wise
Colin Davis
Domenici, Pete (R-NM)
Gorton, Slade (R-WA)
Helfin, Howell (D-AL)
Simpson, Alan (R-WY)
224-5054
224-2315
224-3744
Bob Koffman
Bill Triplet
Linda Menghetti
Carter Pilcher
Randy Schieber
Tami Parent
Dave Davis
Glenn Tait
Sharon Waxman
Walter Lohman
Robyn Cleveland
Ian Butzezinski
224-6154
224-5444
224-3224
224-5941
224-6244
224-5852
224-5922
224-6142
224-4744
224-2235
224-2541
224-2441
Undecided TOTAL: 3
Cochran, Thad(R-MS)
DeWine, Mike (R-OH)
Grassley, Charles (R-IA)
LEANING PROPONENT TOTAL:
12
Ashcroft, John (R-MO)*
Bennett, Robert(R-UT)
Bradley, Bill (D-NJ)
Brown, Hank (R-CO)*
Bryan, Richard (D-NV)
Campbell, Ben Nighthorse (R-CO)
Hutchinson, Kay Bailey (R-TX)
Kempthorne, Dirk (R-ID)
Lautenberg, Frank (D-NJ)
McCain, John (R-AZ)
McConnell, Mitch (R-KY)
Roth, William (R-DE)
PROPONENTS TOTAL: 33
Abraham, Spencer (R-MI)
Burns, Conrad (R-MT)
Coats, Dan (ff:!..IN)
Coverdell, Paul (R-GA)*
Cohen, W (R-ME)
Craig, Larry (R-ID)
D'Amato, Alfonse (R-NY)
Dole, Bob (R-KS)
Faircloth, Lauch (R-NC)
Frist,Bill (R-TN)
Graham, Bob (D-FL)
Gramm, Phil (R-TX)
Gregg, Judd (R-NH)
Hatch, Orin (R-UT)
Helms, Jesse (R-NC)*
Hollings, Ernest (D-SC)
Kyl, Jon (R-AZ)
Inhofe, James (R-OK)
Lieberman, Joeseph (D-CT)
Lott, Trent (R-MS)
Mack, Connie (R-FL)
Murkowski, Frank (R-AK)
Nickles, Don (R-OK)
Pressler, Larry (R-SD)
Reid, Harry (D-NV)
Robb, Charles (D-VA)*
Santorum, Rick (R-PA)
Shelby, Richard (R-AL)
224-4822
Sob Kerry
Lori Staley
224-2644
Pam Sellers
224-5623
Todd Lyle
224-3643
Jim Bodner
224-2523
Elizabeth Criner
224-2752
Craig Syracuse
224-6542
Randy Scheunemann
224-6521
John LePore
224-3154
Michael Miller
224-3344
Bob Gerber
224-3041
Mike Champness
224-2934
Vas Alexopolous
224-3324
Paul Matuk
224-5251
Dan Fisk/Gina-Maria Lichaz 224-4651
James Assey
. 224-6162
Janine Esperne
224-4521
Frank Zachston
224-4721
John Lilley
224-4041
Kirstin Chaole
224-6253
Paul Dean
224-5274
Joan Morgan
224-6665
Steve Moffitt
224-5754
Robert Hoffman
224-5842
James Ryan
224-3542
Peter Cleveland
224-4024
Patty Stolnacker
224-6324
Terry Lynch
224-5744
�Snowe, Olympia (R-ME)*
Smith, Bob (R_NH)
Spector, Arlen (R-PA)
Stevens, Ted (R-AK)
Thomas, Craig (R-WY)*
Thompson, Fred (R-TN)*
Thurmond, Strom (R-SC)
Warner, John (R-VA)
Ken Peel
224-5344
Tom Lankford
224-2841
Bill Roseneau/Craig Synder 224-4254
Ann Marie Murphy
224-3004
Rich Houghton
224-6441
Kurt Silvers
224-4944
Mele Williams
224-5972
Judy Ansley
224-2023
NOT VOTING TOTAL 1
Packwood, Bob (R-OR)
Kinka Gerke
224-5244
�
Dublin Core
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Title
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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>
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Identifier
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DI-1302
Title
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List of Congressional votes for H.R. 927 including Title III
Date
A point or period of time associated with an event in the lifecycle of the resource
1 December 1995
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
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 8 Folder 84
Type
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Text
Documents
Format
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PDF
Language
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English
Subject
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
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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.
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<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
-
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PDF Text
Text
��
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Title
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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>
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DI-1303
Title
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Major Provisions of H.R. 927 Draft Conference Report (emphasis on changes from House passed version)
Date
A point or period of time associated with an event in the lifecycle of the resource
circa 1995
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
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 8 Folder 84
Type
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Text
Documents
Format
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PDF
Language
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English
Subject
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
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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.
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<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
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PDF Text
Text
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations; News Organizations; Travel
Transactions; Intellectual Property.
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule; amendments.
SUMMARY: Pursuant to the President's announcement of October 6,
1995, the Treasury Department is amending the Cuban Assets
Control Regulations t~ add 3 interpretive sections concerning the
authorization of travel transactions related to research, freelance journalism, and educational activities in Cuba. A general
license is added to permit travel to Cuba once a year in cases of
extreme humanitarian need. Statements of licensing policy are
added concerning the availability of specific licenses for public
performances, educational exchanges, activities of human rights
organizations, and the reciprocal establishment of news
organization offices. Payment of expenses for intellectual
property protection in Cuba is also authorized. In addition, a
number of clarifying technical amendments are included in this
final rule.
EFFECTIVE DATE: [insert date of filing]
FOR FURTHER INFORMATION CONTACT: Steven I. Pinter, Chief of
Licensing (tel.: 202/622-2480), or William B. Hoffman, Chief
Counsel (tel.: 202/622-2410), Office of Foreign Assets Control,
Department of the Treasury. Washington, D.C. 20220.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document is available as an electronic file on The
Federal Bulletin Board the day of publication in the Federal
Register. By modem, dial 202/515-1387 and type "/GO FAC." or call
202/512-1530 for disks or paper copies. This file is available
for downloading in WordPerfect, ASCII, and Adobe AcrobatTM
readable (* .PDF) formats. The document is also accessible for
downloading in ASCII format without change from Treasury's
Electronic Library ("TEL") in the "Business, Trade and Labor
Mall" of the FedWorld bulletin board. By modem dial 703/321-3339,
�and select self-expanding file "Tl lFROO.EXE" in TEL. For Internet
access, use one of the following protocols: Telnet = fedworld.gov
(192.239.93.3); World Wide Web (Home Page)=
hhtp://www.fedworld.gov; FTP = ftp.fedworld.gov ( 192.239. 92.205).
Background
On October 6, 1995, President Clinton announced a number of
changes to the administration of the Cuban embargo intended to
promote democratic change in Cuba. Accordingly, the Office of
Foreign Assets Control is amending the Cuban Assets Control
Regulations, 31 CFR part 515 (the "Regulations"), to implement
these measures.
Section 514.416 is amended to expand the interpretation of
the term "research and similar activities" to include research
conducted on behalf of an organization with an established
interest in international relations. Individuals acting on behalf
of such an organization may apply for a specific license to
authorize travel-related transactions in Cuba. Section 515.417 is
added to the Regulations to establish the basis on which specific
licenses to authorize travel-related transactions will be granted
to individuals engaging in free-lance journalism. Section 515.419
is added providing an interpretation of the term "educational
activities." Specific licenses will be available for individuals
who are attending certain meetings of international organizations
in Cuba. Undergraduates' travel to Cuba for study toward a degree
may be licensed if the activities are sponsored by a college or
university.
Sections 515.527 and 515.528 are amended to authorize
transactions including payments to the United States by Cuban
nationals and payments to Cuba by U.S. companies and individuals
related to the protection of intellectual property. A new general
license is established at§ 515.560(a)(l)(iii) to permit travel
to Cuba once a year to visit close relatives in circumstances of
extreme humanitarian need. Clarifying amendments are made to
§ 515.560(g) to make clear that "fully hosted or sponsored"
travelers may not use the charter services authorized pursuant to
§ 515.566. Section 51 5.565 is amended to provide that specific
licenses may be issued for public performances or public
exhibitions in Cuba. A new§ 515.572 is added to the Regulations
which states that specific licenses may be issued on a case-bycase basis to permit the establishment of offices for news
organizations in the United States by Cubans and in Cuba by U.S.
persons.
A new§ 515.573 is added to the Regulations authorizing
educational exchanges for Cuban and U.S. scholars, as well as
2
�study in a Cuban academic institution by graduate and
undergraduate students. Section 515.574 is added to the
Regulations to allow for specific licensing of activities of
human rights organizations and other non-governmental
organizations to support the Cuban people.
In addition, certain technical amendments are included in
this rule. The term "authorized trade territory'' is redefined in
§ 515.322. Sections 515.413 and 515.561 are being removed from
the Regulations. Section 515.413, concerning certain engineering
advice, related to a general license that is no longer included
in the Regulations; accordingly,§ 515.413 is being removed as
unnecessary. Section 515.561 was originally incorporated into the
Regulations to authorize travel in support of transactions
authorized under an earlier version of§ 515.559. The continued
authorization of travel transactions is inconsistent with the
present limited scope of§ 515.559. Finally§ 515.563 is amended
to clarify that remittances related to emigration from Cuba
continue to be authorized under general license.
Because the Regulations involve a foreign affairs function,
Executive Order 12866 and the provisions of the Administrative
Procedure Act, 5 U.S.C. 553, requiring notice of proposed
rulemaking. opportunity for public participation, and delay in
effective date, are inapplicable. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility
Act, 5 U.S.C. 601-612, does not apply.
List of Subjects in 31 CFR Part 515
Administrative practice and procedure, Air carriers, Banks,
banking. Cuba, Currency, Estates, Exports, Fines and penalties,
Foreign investment in the United States, Foreign trade, Imports,
Informational materials, Publications, Reporting and
recordkeeping requirements, Securities, Shipping. Travel
restrictions, Trusts and trustees, Vessels.
For the reasons set forth in the preamble, 31 CFR part 515
is amended as set forth below:
PART 515--CUBAN ASSETS CONTROL REGULATIONS
1. The authority citation for part 515 continues to read as
follows:
Authority: 50 U.S.C. App. 1-44; 22 U.S.C. 6001-6010; 22
U.S.C. 2370(a); Proc. 3447, 27 FR 1085, 3 CFR 1959-1963 Comp.,
p. 157; E.O. 9193, 7 FR5205, 3 CFR 1938-1943 Comp .. p. 1174;
E.O. 9989, 13 FR4891, 3 CFR 1943-1948 Comp .. p. 748; E.O.
3
�12854, 58 FR36587, 3 CFR 1993 Comp., p. 614.
Subpart C--General Definitions
2. Paragraph (a) of§ 515.322 is revised to read as follows:
§ 515.322 Authorized trade territoxy; member of the authorized
trade territoxy.
(a) The term authorized trade territoxy includes all
countries, including any colony, territoxy, possession, or
protectorate, except those countries subject to sanctions
pursuant to this chapter. The term does not include the United
States.
*****
Subpart D--Interpretations
§ 515.413 [Removed and Reserved]
3. Section 515.413 is removed and reserved.
4. The introductoxy text of paragraph (a) and paragraph
(a)(l) of§ 515.416 are revised to read as follows:
§ 515.416 Professional research and similar activities.
(a) Section 515.560(b) sets forth the criteria on which
specific licenses for transactions related to travel to, from,
and within Cuba may be issued for persons engaging in
professional research and similar activities of a noncommercial,
academic nature. Persons traveling to Cuba to engage in
professional research must engage in a full work schedule in
Cuba, and there must be a substantial likelihood of public
dissemination of the product of their research. No transactions
related to tourist or recreational travel within Cuba are
authorized in connection with professional research, except those
that are consistent with a full schedule of research activities.
( l) Persons are considered to be engaging in professional
research for purposes of this section:
(i) If they are full-time professionals who travel to Cuba
to do research in their professional areas and their research is
specifically related to Cuba; or
(ii) If they are acting on behalf of an organization with an
established interest in international relations to collect
4
�information related to Cuba.
*****
5. Section 515.417 is added to subpart D to read as follows:
§ 515.417 Free-lance journalists.
(a) Section 515.560(a)(2) authorizes travel transactions for
journalists who are regularly employed in that capacity by a news
reporting organization. For individuals who wish to travel to
Cuba to do research for a free-lance article, specific licenses
will be issued pursuant to § 5 l 5.560(b) on a case-by-case basis
upon submission of an adequate written application including the
following documentation:
( 1) A detailed itinerary and a detailed description of the
proposed research; and
(2) A resume or similar document showing a record of
publications.
(b) To qualify for specific licensing pursuant to
§ 515.560(b), the itinerary for the proposed research in Cuba for
a free-lance article must demonstrate that the research
constitutes a full work schedule that could not be accomplished
in a shorter period of time.
6. Section 515.41 9 is added to subpart D to read as follows:
§ 515.419 Travel related to educational activities.
(a) Section 515.560(b) provides, in part, that specific
licenses will be issued to persons for travel to Cuba for clearly
defined educational activities. Transactions related to travel
and maintenance in Cuba for the following activities will be
licensed upon submission of an adequate written application:
( 1) Attendance at a meeting or conference held in Cuba by a
person with an established interest in the subject of the meeting
or conference, provided that:
(i) The meeting or conference is organized by an
international institution or association that regularly sponsors
meetings or conferences in other countries; and
(ii) The purpose of the meeting or conference is not the
promotion of tourism in Cuba or other commercial activities
5
�involving Cuba that are inconsistent with this part; and
(2) Activities related to study for an undergraduate or
graduate degree sponsored by a college or university located in
the United States.
(b) Transactions related to travel that is primarily tourist
travel, including self-directed educational activities that are
intended for personal enrichment, will not be licensed pursuant
to§ 515.560(b).
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
7. Section 515.527 is revised to read as follows:
§ 515.527 Certain transactions with respect to United States
intellectual property.
(a) Transactions related to the registration and renewal in
the United States Patent and Trademark Office or the United
States Copyright Office of patents, trademarks, and copyrights in
which the Government of Cuba or a Cuban national has an interest
are authorized.
(b) This section authorizes the payment from blocked
accounts or otherwise of fees currently due to the United States
Government in connection with any transaction authorized in
paragraph (a) of this section.
(c) This section further authorizes the payment from blocked
accounts or otherwise of the reasonable and customary fees and
charges currently due to attorneys or representatives within the
United States in connection with the transactions authorized in
paragraph (a) of this section.
8. The section heading and the introductory text of
paragraph (a) of§ 515.528 are revised to read as follows:
§ 515.528 Certain transactions with respect to blocked foreign
intellectual property.
(a) The following transactions by any person who is not a
designated national are hereby authorized:
* * * **
9. Paragraphs (a), (b) and (g) of§ 515.560 are revised to
6
�read as follows:
§ 515.560 Certain transactions incident to travel to and within
Cuba.
(a)(l) General license. The transactions in paragraph (c) of
this section are authorized in connection with travel to Cuba by:
(i) Persons who are officials of the United States
Government or of any foreign government, or of any
intergovernmental organization of which the United States is a
member, and who are traveling on official business;
(ii) Journalists regularly employed in that capacity by a
news reporting organization; or
(iii) Persons, and persons traveling with them who share a
common dwelling as a family with them, who are traveling to visit
close relatives in Cuba in circumstances that demonstrate extreme
humanitarian need, provided that the authorization contained in
this paragraph may be used only once in any 12 month period. Any
additional transactions must be specifically licensed pursuant to
paragraph (b) of this section.
·
(2) Nothing in this section authorizes transactions in
connection with tourist travel to Cuba, nor does it authorize
transactions in relation to any business travel not otherwise
authorized by specific license issued pursuant to this part.
(b) Specific licenses. Specific licenses authorizing the
transactions in paragraph (c) of this section may be issued in
cases involving extreme humanitarian need to persons or persons
living in the same household, who seek to travel to visit close
relatives in Cuba of such persons more than once in a calendar
year. Specific licenses may also be issued to persons to travel
to Cuba for humanitarian reasons based on a demonstrated
compelling need to travel, for professional research and similar
activities consistent ·with § 515.416, for free lance journalism
consistent with§ 515.417, for clearly defined educational
activities consistent with § 515.419, for religious activities,
for activities of recognized human rights organizations
investigating human rights violations, or for purposes related to
the exportation, importation, or transmission of information or
informational materials as defined in§ 515.332.
( 1) For purposes of this section, the term close relative
means spouse, child, grandchild, parent, grandparent, great
grandparent, uncle, aunt, brother, sister, nephew, niece, first
cousin, mother-in-law, father-in-law, daughter-in-law, son-in-
7
�law, sister-in-law, brother-in-law, or spouse, widow, or widower
of any of the foregoing.
(2) Nothing in this section authorizes transactions in
connection with tourist travel to Cuba. Travel to Cuba that is
characterized as falling within the criteria specified in
paragraph (b) is prohibited unless specifically licensed.
•••••
(g)( 1) For purposes of this section, all necessary
transactions involving fully sponsored or hosted travel to, from,
and within Cuba are authorized, provided that:
(i) No person subject to the jurisdiction of the United
States shall make any payment or transfer any property or provide
any service to Cuba or a Cuban national in connection with such
travel; and
(ii) The travel is not aboard a direct flight between the
United States and Cuba authorized pursuant to§ 515.566 of this
part.
(2) Travel shall be considered fully sponsored or hosted for
purposes of this section notwithstanding a payment by the person
subject to the jurisdiction of the United States for
transportation to and from Cuba, provided that the carrier
furnishing the transportation is not a Cuban national.
§ 515.561 [Removed and Reserved]
10. Section 515.561 is removed and reserved.
11. Section 515.563 is revised to read as follows:
§ 515.563 Family remittances to nationals of Cuba.
(a) Specific licenses may be issued on a case-by-case basis
authorizing remittances to a close relative of the remitter or of
the remitter's spouse who is a national of Cuba and who is
resident in Cuba or in the authorized trade territory. Such
remittances will be authorized only in circumstances where
extreme humanitarian need is demonstrated, including terminal
illness or severe medical emergency.
(b) Remittances to any close relative of the remitter or of
the remitter's spouse who is a national of Cuba or who is
resident in Cuba are authorized for the purpose of enabling the
8
�payee to emigrate from Cuba to the United States, in an amount
not exceeding $500, to be made only once to any payee, provided
that the payee is a resident of and within Cuba at the time the
payment is made.
(c) The term close relative used with respect to any person
means such person's spouse, child, grandchild, parent,
grandparent, great grandparent, uncle, aunt, brother, sister,
nephew, niece, first cousin, mother-in-law, father-in-law, sonin-law, daughter-in-law, sister-in-law, brother-in-law, or
spouse, widow, or widower of any of the foregoing.
12. Paragraph (c) is added to§ 515.565 to read as follows:
§ 515.565 Transactions in connection with public exhibitions or
performances.
*****
(c) Specific licenses may be issued in appropriate cases for
transactions incident to participation by a person subject to the
jurisdiction of the United States in a public exhibition or
performance in Cuba.
13. Section 515.572 is added to subpart E to read as
follows:
§ 515.572 Transactions by news organizations.
(a) Specific licenses may be issued authorizing all
transactions necessary for the establishment and operation of
news bureaus in Cuba whose primary purpose is the gathering and
dissemination of news to the general public. Transactions that
may be authorized include, but are not limited to, those incident
to the following:
( 1) Leasing office space and securing related goods and
services;
(2) Hiring Cuban nationals to serve as support staff;
(3) Purchasing Cuban-origin goods for use in the operation
of the office; and
(4) Paying fees related to the operation of the office in
Cuba.
9
�(b) Specific licenses may be issued authorizing transactions
necessary for the establishment and operation of news bureaus in
the United States by Cuban organizations whose primary purpose is
the gathering and dissemination of news to the general public.
(c) Specific licenses may be issued authorizing transactions
related to hiring Cuban nationals to provide reporting services
or other services related to the gathering and dissemination of
news.
(d) Note: The number assigned to a specific license issued
pursuant to this section should be referenced in all import
documents, and in all funds transfers and other banking
transactions through banks organized or located in the United
States, in connection with the licensed transaction to avoid the
blocking of goods imported from Cuba and the interruption of the
financial transactions with Cuba.
14. Section 515.573 is added to subpart E to read as
follows:
§ 515.573 Transactions related to educational exchanges.
Specific licenses may be issued on a case-by-case basis
authorizing the following:
(a) Transactions related to teaching at a Cuban academic
institution by an individual regularly employed in a teaching
capacity at a college or university located in the United States,
provided the activities are related to a college or university
academic program;
(b) Transactions related to the sponsorship of a Cuban
scholar to teach or engage in other scholarly activity at a
college or university located in the United States;
(c) Transactions related to participation in a formal course
of study at a Cuban academic institution by a graduate or
undergraduate student; and
(d) Transactions related to the organization of activities
described in paragraph (a), (b), or (c) of this section.
15. Section 515.57 4 is added to subpart E to read as
follows:
§ 515.574 Support for the Cuban people.
10
�(a) Specific licenses may be issued on a case-by-case basis
for transactions intended to provide support for the Cuban people
including. but not limited to, the following.
( 1) Activities of recognized human rights organizations; and
(2) Activities of individuals and non-governmental
organizations which promote independent activity intended to
strengthen civil society in Cuba.
(b) Licenses will only be issued pursuant to this section
upon a clearly articulated showing that the proposed transactions
are consistent with the purposes of this part and that no
significant accumulation of funds or financial benefit will
accrue to the Government of Cuba.
Dated: October 13, 1995.
R Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: October 13, 1995.
John P. Simpson,
Deputy Assistant Secretaiy (Regulatoiy, Tariff & Trade
Enforcement).
[FRDoc. 95-25976Filed 10-17-95; 11:09am]
BILLING CODE 4810-25-F
TO BE PUBLISHED IN THE FEDERAL REGISTER ON OCTOBER 20, 1995 ....
11
�
Dublin Core
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Title
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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>
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Identifier
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DI-1304
Title
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Summary of Cuban Assets Control Regulations; News Organizations; Travel Transactions; Intellectual Property (31 CFR Part 515)
Description
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This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
Source
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 8 Folder 84
Type
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Text
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PDF
Language
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English
Subject
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
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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.
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<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