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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.
�
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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-1299
Title
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U.S. Department of State report, "Legal Considerations Regarding Title III of the Libertad Bill"
Date
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circa 1995
Creator
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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)
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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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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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b0fce4c223f0332245120ad4995ff122
PDF Text
Text
PROMOTING CIVIC CULTURE AND
SUPPORTFORTHECUBANPEOPLE
1?/01<
Welcoming Remarks
~
Richard A. Nuccio
Special Adviser to the President and
the Secretary of State for Cuba
It is a great pleasure to welcome such an outstanding group
of people here this afternoon.
The fact that the President's
Cuba policy can attract the interest and involvement of some of
our finest scholars and journalists and most dedicated
organizational and foundation leaders is very gratifying.
It
demonstrates that much more is going on in Cuba policy than what
you read about in the newspapers.
President Clinton's announcement on October 6 about a new
series of measures for advancing the policy of support for the
Cuban people first enunciated in the Cuban Democracy Act has
clearly helped to renew the excitement.
In a major foreign
policy speech at the Freedom House meeting, the President
announced some specific steps to invigorate our effort to promote
the cause of peaceful change in Cuba. The measures the President
announced are designed to facilitate the type of efforts many of
you have already undertaken, in some case for many years. We hope
that this meeting and the example you provide will invigorate
your activities and spur others to join the enterprise and
multiply the effort. We want to build on the start that you have
already made in reaching out to the Cuban people, to increase the
support that reaches them, and to enhance the impact that these
efforts have on forging civil society on the island. What better
way to accomplish these goals than to turn to those who already
have a strdng interest in Cuba and who represent the best civic
traditions in our own society.
As I mentioned, our Cuba policy is guided by the Cuba
Democracy Act.
The October 6 measures announced by President
Clinton provide the next steps for implementing that policy.
The
measures announced refer to increased enforcement of the economic
embargo and to additional steps to improve communications and the
flow of information to and within the island, facilitate the
delivery of humanitarian assistance to the Cuban people, and
address the backlog of urgent humanitarian travel of Cuban
Americans to their families on the island.
We recognize that
�2
some, perhaps most, of you here do not share the commitment of
the Administration to vigorous enforcement of the economic
embargo against Cuba.
This Administration is happy to debate the
wisdom of its overall policy and does so regularly.
But that is
not why we have come together today. We believe that however
change comes to Cuba the process will be more peaceful and the
outcome more democratic if civil society is strengthened on the
island.
That is why we have opened up these important new spaces
in US Cuba policy for your active participation in building civil
society in Cuba.
The parts of the new regulations that we want to emphasize
today relates, first, to travel to Cuba for educational,
scientific and cultural exchanges; second, to assistance to the
Cuban people that strengthens civil society and especially the
involvement of non-governmental organizations in these
activities-this is what we call "support for the Cuban people;"
and third, to the possibility of establishing news bureaus in
Cuba and increasing the flow of information into and outside of
Cuba.
We have already had a number of important successes in our
implementation of related policies.
•
•
•
The total value of private humanitarian shipments licensed
by the USG since passage of the Cuban Democracy Act has just
topped 100 million dollars.
This amount far exceeds the
total assistance of other countries to Cuba during the same
period, making the American people, without a single dollar
of government money, the largest donor to Cuba.
Assistance from U.S. non-governmental sources has helped
alleviate the suffering of the Cuban people, especially in
the struggle against the neuritis epidemic, and has
strengthened the organizational capacities of Cuban NGOs,
including many churches.
We have also succeeded in licensing telecommunications
agreements between Cuba and U.S. companies that have
dramatically improved telephone, fax and email
communications with the island.
Yet these gains are insignificant in light of the objective.
The international community simply has not yet done enough to
accelerate the growth of civil society in Cuba and thereby foster
the process of peaceful, democratic change. Yet despite the
inadequacy of what has been accomplished to date, the government
of Cuba is leery and can be expected to resist exchanges and
other cooperation that would bring new openness to Cuban society.
Let me be clear about an issue related to this hostile
attitude of the Cuban government to some of the measures we are
here to discuss today.
You were not invited here today because
of, and your presence does not commit you to, any political or
policy agenda. We are not seeking to sign you up for any USG
�3
program.
Rather we want to learn how we can better facilitate
non-governmental activities which are legal and consistent with
the goal of a peaceful, democratic transition.
In turn we asr.
for your patience in dealing with a government bureaucracy not
noted for its speed or flexibility and for our requirement to
ensure that those activities we license as exceptions to the
embargo comply with regulations.
We know that many of you bridle
at government interference and would reject any type of
government control of your activities.
Please be assured that
our inquiries and regulations are designed to promote compliance
with the law and to verify that licensed activities are genuinely
non-governmental and aimed at promoting independence of thought
and action.
The USG is not and should not be the primary agent of change
in Cuba. Our role should be to encourage and facilitate those in
our own society and in Cuba who wish to foster peaceful,
democratic change.
Since the revolution, the Cuban government has sought to
take on all functions of civil society and has quashed nearly all
attempts by organizations or individuals to act independently.
The result is a distorted jumble, lacking both freedom and
representativeness.
Some professional societies, such as Cuban
lawyers, that depend on both code and precedent in their work,
actually lack any publication or journal to serve their members.
News organizations employ scores of reporters and journalists but
almost no news of substance is published or broadcast. Writers
and artists produce manuscripts and artifacts with little
potential for publication or realization, except outside the
country or for the consumption of visiting tourists.
Celebrated
dramatists can only see some of their works performed abroad.
One Cuban cinematographer who was asked why his new made-in-Cuba
movie had only been shown outside Cuba explained that this was
the case simply because it had been impossible to figure out what
the censors would allow in Cuba.
A vigorous civil society in Cuba-whether manifested through
church organizations, professional societies and worker groups,
community and fraternal associations, educational institutions,
human rights advocates or political parties-is a vehicle for
ideas, personal and collective expression, intellectual and
spiritual development, social innovation and experimentation.
It
will respond to basic human needs as well as to satisfy
humanistic yearnings for some means of expression.
The
institutions of civil society are there to answer citizen
demands, and to hold governments and other institutions
accountable to standards rooted in the values and traditions of
the community.
They are the pillars of human freedom and
dignity.
It is this sense, and only this sense, that nongovernmental institutions, whether in this country or any othe~,
�4
and their support for civil society are "subversive" of the
established order.
The new measures announced by the President in support of
the Cuban people are designed to allow private U.S. organizations
to play a more active role in strengthening and fostering civil
society in Cuba and to increase significantly the flow of
information to, from and within Cuba.
We hope to see:
•
•
•
•
the reciprocal establishment of news bureaus in Cuba and the
U.S.;
student and faculty exchanges between U.S. and Cuban
universities, including formal study abroad programs for
U.S. college students;
private (NGO) support for activities of recognized human
rights organizations in Cuba, and other activities of
individuals and NGOs which promote independent activity
intended to strengthen civil society in Cuba;
the sale and donation of communications equipment, such as
faxes, copiers, computers, modems and the like to Cuban NGOs
and individual counterparts.
Some of these areas are entirely new ones for US policy.
It
is in that spirit that we have asked you here today. We hope to
explain what we intend by the new regulations,
share
experiences, and, possibly, identify areas of uncertainty or
confusion which we need to further clarify within the interagency process.
We genuinely believe in the ability of nongovernmental actors to find creative ways to strengthen civil
society in Cuba. And we have assembled today an outstanding group
of institutions and individuals who have been doing just that.
During each of the three somewhat separate discussions we
will hold today, we hope to involve a lot of people in the give
and take and to identify others that you can meet with during our
coffee break or after the meeting concludes. We from the
Administration will explain the intent of the President's new
measures, and what kinds of criteria and procedures we will be
using to license the activities that the measures have authorized
in principle.
To help me here today, we have the various members
of the support for the Cuban people working groups which includes
representatives from the Departments of State, Treasury, and
Commerce, as well as the NSC, AID, and USIA.
We also want to welcome a number of people 'from the private
sector and some of our leading NGOs who will offer brief accounts
of some aspect of their experience with Cuba. We believe that it
is vitally important to take advantage of what has been learned
by these pioneers and to incorporate the lessons in new projects
for Cuba.
Indeed, we have had a true embarrassment of riches in
�5
planning this program, despite the fact that we managed to
schedule it at the same time as several other important meetings.
I think that just goes to show the importance of this undertaking
for Cuba.
The result is. that we hope that you will also pay
attention to the people whom we introduce but who won't be able
to say much more than hello.
I am happy so many distinguished
people were willing to join us today, and I am certain you will
benefit from their insights.
We also hope to offer you plenty of opportunities to ask
questions and share your ideas during each of the sessions.
Please keep your questions and comments brief.
On the other hand
we want you to see this as the initiation of a dialogue that will
continue more productively because you have been able to meet the
persons who can help you the most, whether from the
Administration or the private sector.
The type of outreach efforts to the Cuban people that we
seek to encourage are in a way like the organization of this
meeting has been.
The effort has depended on the cooperation of
a lot of people, and I would like to acknowledge them before I
turn to introduce the following three sections of the program.
First, I want to recognize the colleagues who helped plan the
meeting.
Peter Orr of AID, Gene Bigler of USIA, Clara David and
Serena Moe of Treasury, Joan Roberts of Commerce, Kevin Sullivan
and Tony Gambino of the Department of State, Rob Malley of the
NSC staff, and of course my secretary Angie Frias who was
involved along each step of the way.
The Public Affairs staff at
the Department of State, especially Yvonne O'Brien and Mary Ann
Dixon, were a great help in sending out the invitations and
taking care of attendance. Miguel Bretos and Francine Berkowitz
at the Smithsonian Institution immediately responded to our
shared purpose with the warmth and hospitality that you have
already seen and will enjoy a lot more as the afternoon
progresses.
Before I move to the substantive components of our program,
I also want to take a moment to introduce the ranking U.S.
government officials who are responsible for the implementation
of our Cuba policy.
You have already met Michael Ranneberger our
very able Director of Cuban Affairs at the Department of State,
or 'ARA./CCA as it is designated organizationally. His office and
his helpful staff are generally your best source of overall
information and orientation on Cuban affairs.
Richard Newcomb is
the Director of the Office of Foreign Assets Control at the
Department of the Treasury.
The majority of the interactions you
will have with the USG during the licensing process will be with
him and his colleagues.
One other colleague that I would also
like to acknowledge is Maria Elena Torano, one of the U.S.
Commissioners on Public Diplomacy, the group that oversees'the
work of the United States Information Agency.
�6
I have one last exhortation before turning to the discussion
of educational and scientific exchanges.
It is to stress to all
of you the importance of delving as deeply in Cuba as you
possibly can to learn how to develop the projects and programs
that are of interest to you and to take advantage of the U.S.
Interests Section in the process. Our Principal Officer Joseph
Sullivan is a consummate diplomat who now knows Cuban society
extremely well after more than two years on the job, and he is
aided by a remarkable staff. Manuel Rocha left the Latin
American directorate at the NSC to become Joe's deputy, and he
works tirelessly to know and understand the Cuban people. Merrie
Blocker has made a sensational start as the new PAO, while Sandy
Salmon, the chief of the consular section, Bob Witajewski, the
political-econ chief, and the rest almost verge on famous for
what they have already accomplished.
They can and will help you
make contacts, figure out how to do things, and will also know
when to get out of the way when that is needed.
Cuban
officialdom often goes out of its way to prevent contact between
visitors and the Interest Section, so don't hesitate to prepare
your connection in advance by working through the Cuba desks at
State and USIA.
Expanding educational, scientific and cultural exchanges
between U.S. institutions and Cuba is an important component of
our effort to increase the flow of information and ideas between
the U.S. and Cuba.
These activities may also indirectly engender
the development of civil society.
The American students and
faculty, scientists, artists and others who participate in these
activities will hold a range of opinions, more likely critical
than not, of our Cuba policy. We believe that regardless of
their views, their habits of critical independent thinking can't
help but have a positive impact on the Cubans with whom they come
into contact.
What better way than through personal encounters
can we convey the eagerness of the American people to usher in a
new era of friendship and cooperation with the people of Cuba.
The Cuba Democracy Act contemplates the licensing of travel for
"clearly defined educational purposes," and the new regulations
that we are here to discuss today spell out more clearly what
educational travel we are prepared to license.
I want to
emphasize that all programs for study in Cuba will. have to be
specifically licensed by the Department of Treasury.
These
programs may include shorter courses of study as well as the
pursuit of degree programs in Cuban universities.
The USG is prepared to assist you by providing orientations
and advice, but we do not want to get involved in negotiating for
you.
We expect that U.S. institutions will follow the same
professional standards they do in any international undertaking:
seeking the most enlightening, varied and professional experience
they can, and resisting attempts by foreign institutions or
governments to structure their travel, contacts citizens, or with
their professional counterparts or fellow students.
�7
The President's decision to open the way for broader
involvement of U.S. NGOs in Cuba is perhaps the most important of
his announcements on October 6.
The Administration wants to
allow U.S. NGOs to apply their creativity and energy to the
challenge of strengthening civil society in Cuba.
Yet as we open
this door, we are concerned about the array of "government
organized" NGOs or GONGOs that the Cuban regime has created to
attract and channel the flow of international humanitarian
assistance to the Cuban people. As many of you know from direct
experience, these organizations vary considerably in the way they
work, the closeness of their ties to the party and the
government, and the degree of politicization of their activities.
It is your own organization's reputation and experience and your
ability to design the best program for accomplishing your goals
on behalf of the Cuban people that will ultimately guide us.
One of the most exciting recent developments in Cuba is the
emergence of new groups of independent professionals.
The
formation of a group of doctors was recently announced, and there
are also budding organizations of economists, teachers, lawyers
and others.
The first of these groups, and in many ways still
the pioneer, is the Association of Independent Journalists of
Cuba that was established almost five years ago.
We have decided
to invite a representative of this organization to initiate our
discussion today of the situation related to journalists and the
prospects for the formation of press bureaus in Havana.
Then
rather than have us bureaucrats go on about this topic, we will
turn to two outstanding journalists to conclude our program.
Again, thank you for joining us this afternoon.
Now, manos a la
obra!
�
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
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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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Transcript of a speech by Richard A. Nuccio, "Promoting Civic Culture and Support of the Cuban People"
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6 December 1995
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Nuccio, Richard A.
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Nuccio served as the Special Adviser to the President and Secretary of State for Cuba. 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 85
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United States--Foreign Relations--Cuba
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Cuba
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6d76a6fea477077aed6b9017ef1fd82e
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Text
"U.S. Policy on Cuba"
Remarks Delivered at the
Sugar Industry of Cuba Institute
December 8, 1995
Dr. Richard A. Nuccio
Special Advisor to the President and Secretary of State on Cuba
It's a genuine pleasure for me to be here with you today.
I'd like to speak today about the prospects for a peaceful, democratic transition
in Cuba. I'd also like to discuss what the Clinton Administration is doing to promote
that transition, as well as what some on Capitol Hill propose to do. While none of us
here can determine how and when a transition takes place in Cuba - that will and
should be done by Cubans on the island - what the United States does or does not do
will make a tremendous difference.
The United States has a stake in seeing a peaceful outcome to the end of three
decades of dictatorship in Cuba. The principal threat that Cuba poses to our national
security is from a social collapse on the island that could provoke massive waves of
illegal immigration, the involvement of US citizens inside Cuba, and/ or the
introduction of US armed forces into the island. Thus, it is appropriate for the US to
promote a transition in Cuba, but in a way that is more likely to produce a peaceful
and democratic outcome.
I personally believe that the Cuban people, when given a choice, will share many
of the same aspirations that we have seen expressed throughout this hemisphere and
in most of the nations formerly under communist rule: the desire for political
democracy and a better standard of living for themselves and their children.
Democracy will be a necessity for them, not a luxury, and they will struggle to achieve
it. But that is the choice that should be available to them.
The Process of Change Underway in Cuba
Let me tell you what we believe is happening in Cuba right now.
�2
A process of profound change is underway on the island, some of it controlled
by the Government, much of it not. Some consider that to be a controversial statement
- claiming that no real change can occur while Fidel Castro is still in power - but I
think the evidence is clear.
During the heyday of $6 billion annual subsidies from the Soviet Union, the
Cuban regime was able to establish a completely government-run, command
economy, and provide free, universal education and health care. The Government
was the only source of everything for the individual, from his job to his home to
medicine for his family. In return for the state's generosity, the individual was
expected to render unconditional obedience. The regime's extensive and
highly-effective repressive apparatus, which persecutes dissidents and human rights
activists, guaranteed that the Cuban people upheld their end of this "bargain."
The end of Soviet subsidies exposed the underlying weakness of Cuba's
economic system. You have heard some of the startling facts about Cuba's economic
free fall since 1989. GNP has declined by half. Sugar exports, Cuba's main source of
hard currency, have declined by more than half. As a consequence, Cuba's imports
have declined almost 80 percent. These cold economic numbers have had a
devastating impact on ordinary Cubans: monthly rations now barely supply enough
food for two weeks; bicycles have replaced cars and buses; oxen and horses have
replaced tractors; state industries operate at a fraction of their capacity, and huge
layoffs are rumored as the government confronts a fiscal nightmare. Cuba's standard
of living has nose-dived.
As a result of the end of Soviet subsidies, plummeting domestic productivity,
and our continuing comprehensive embargo, the Cuban government has been forced
to enact a series of limited economic reforms that are slowly creating the beginnings of
a private sector. The Cuban Government has not made these moves because it has
had a change of heart, but because circumstances have forced its hand. It cannot any
longer afford to employ everyone, nor supply enough food for Cubans to survive. It
has had to tum, slowly and reluctantly, to the market.
For example, around 200,000 Cubans have taken advantage of a government
decree legalizing self-employment in service areas like small restaurants, barbershops,
�3
appliance repair and the like. These enterprises have to struggle to find the inputs
they need to operate, often on the black market, and their proprietors may not hire
employees outside the immediate family. Meanwhile, many independent farmers
and agricultural cooperatives have brought their produce to the farmers' markets
re-initiated last year, where 11 excess 11 goods may be sold at market prices. Farmers
must still meet state quotas in commodities they are instructed to grow and at
artificially low prices established by the government. In another major decision, the
Government legalized circulation of the dollar.
The Cuban Government has also begun implementing a series of fiscal reforms
of the kind that have often formed part of IMF structural adjustment plans. It has cut
subsidies to state enterprises, increased rates for public services, eliminated some
unnecessary jobs from the state sector (and more cuts appear to be on the way),
initiated the creation of new kinds of banking institutions to service Cuba's free
market sectors, established a quasi-official floating exchange rate and.dabbled in
currency market intervention, even implementing a rudimentary tax system.
These fiscal changes suggest a commitment to adopt the financial institutions of
a modern market economy. Ironically, however, a country that has consistently
denounced the 11 neoliberal economic models" of the IMF and criticized the social
impact of structural adjustment, has itself decided to pursue a course of restructuring
whose motto might be "much pain, little gain. 11 Cuba has attacked its budget deficit,
cut benefits and services to citizens, and raised prices all without any cushion or
support from international lending institutions - a daring course indeed, the kind of
policy that only an authoritarian government could pursue.
More disturbingly the Cuban Government has initiated this contraction in the
state sector without allowing a new private sector to take up the slack. By continuing
to bar self-employed entrepreneurs from hiring workers outside their immediate
families, and by limiting the kinds of businesses self-employed entrepreneurs may
establish, the Government is essentially prohibiting an increase in production or job
creation in wholly Cuban private enterprises. Why? The regime has limited its
economic reforms in order to preserve the state's power over the livelihoods of
individuals. It is afraid that Cubans who enjoy economic independence from the
government, through their own businesses or through direct employment with a
foreign firm, for example, will soon demand political liberty as well.
�4
Rather than take the risks involved in freeing up Cuba's domestic economic
sector, the Cuban Government has instead been aggressively courting foreign
investment, and doing its best to build a fire wall between foreign investors and
Cuban workers. While the new foreign investment law unveiled this September
permits 100% foreign ownership of assets for the first time, it failed to allow foreign
firms to hire Cuban workers directly, and instead continues to require contracting
labor through a state firm. It also failed to allow Cubans to invest in their own
economy; once again for the sake of control, only carefully screened Cuban exiles will
be allowed to do that.
I have been discussing the state of the Cuban economy as a whole, but I know
that you have a particular interest in one sector of it-- one of the most important.
Despite the Revolution's promise to diversify and modernize the economy, it remains
as true as ever that "Sin azucar, no hay pais." In fact Cuba last year came shockingly
close to discovering what life was like without sugar, since the 1994 harvest, at about
3.2 million tons, was the lowest in half a century.
You are all aware of the precipitous decline in Cuba's sugar sector since during
the so-called "Special Period." Although the decline has been only marginally worse
than the decline in the Cuban economy overall, its impact was especially devastating
because sugar continued to be the regime's chief source of hard currency and most
important barter commodity. Apart from sugar, Cuba still has relatively little of value
to offer on the international market. The decline has been due to a number of factors,
including a chronic lack of fertilizer and other basic inputs, a shortage of qualified
labor and, perhaps most importantly, inadequate economic incentives to motivate
what labor force exists. The regime has taken steps to try and overcome these
obstacles, including the dissolution of almost all state farms into "agricultural
cooperatives" called UBPCs and, more recently, the dramatic opening of the formerly
sacrosanct sugar sector to foreign financing. This financing has come a very high rates
of interest, reflecting Cuba's bad credit history and the risks of putting money into the
island.
Reports from Cuba indicate that foreign financing has resulted in increased
quantities and quality of cane this year. Although this would appear to auger well for
the economic recovery the government has been touting, more cane is not the end of
�5
the story, as you know. First, the tough terms of Cuba's foreign financing make it
imperative that this year's harvest be much better than last year's -- some estimates
say it must reach 4.5 or 5 million tons -- in order simply to pay back investors and
meet leftover trade obligations from prior years. Such an increase will be a tall order.
Second, more cane means nothing if it is not harvested and processed efficiently.
Evidence suggests that Cuban efforts to increase incentives to workers through the
UBPCs have been grossly insufficient. Even with new dollar rewards for work
discipline, it appears questionable the UBPCs will respond adequately to the regime's
call for a "victory harvest." Another poor performance would leave the regime more
over-extended with its customers and deeper in debt with its creditors than ever.
The Cuban Government has lately been claiming that the economic free-fall has
bottomed out and a recovery has begun. It cites impressive statistics for growth in
sectors where foreigners have invested. Most economic experts, however, do not
believe that Cuba has yet made the kinds of deep, structural changes that will produce
sustainable economic growth. The government will not overcome its economic crisis
if it continues clinging to control. Only much broader economic freedoms and
incentives will generate a real economic recovery. Our fear is that the Cuban
government has picked the worst of the features of the Chinese and Vietnamese
models it claims to want to emulate. China and Vietnam have calculated that their
citizens would accept authoritarian control if they could benefit directly in the jump to
market economics. The Cuban government's preoccupation with political control is
denying the benefits of even its limited market reforms to the majority of the
population.
In the same way that the market has been filling the economic void being left by
the Government, independent individuals and organizations - churches, professional
societies, dissident organizations and others - are reaching out to respond to other
unmet needs of ordinary Cubans. In organizing to help the sick, the old, the needy,
the unemployed or those in spiritual crisis, or just to speak the truth frankly, these
independent actors build the foundations of a new Cuba. The Government fears these
changes and has persecuted some of these groups, but has been unwilling or unable to
stop their growth.
I wish I could tell you that there are indications that the Cuban Government
recognizes the inevitability of democratic change and is preparing for a peaceful
�6
transition. But we have no such sign. All indications are that Fidel Castro is still
firmly in control, and that he has no intention of stepping down or initiating
significant political reforms. He produced applause in New York and satisfaction
among his closest supporters at home when he confirmed that the Cuban Government
is unwilling to undertake political reforms. In the new, post-cold war world, the
Cuban regime is trying desperately to find a way to stabilize its economy through
~imited reform, while minimizing pressures for change in the country's repressive
political system.
But I believe this spirit of triumphalism in Havana is misplaced. The European
Union, in explaining the vote it cast against the US embargo at the United Nations,
condemned what it termed as "repeated violations of human rights in Cuba," and
said that "In the political field, the Cuban regime retains a firm monopoly on political
power." This week I spent a day at the United Nations discussing the upcoming vote
on a human rights resolution introduced by the United States and co-sponsored by
more than 20 other nations, including many that voted for the embargo resolution. I
believe will have a strong vote in the Plenary session, including affirmative votes from
several Latin American countries. Contrary to the impression Havana prefers to
convey, the Cuban government remains the odd man out in the Western Hemisphere.
What is the U.S. Doing to Promote a Transition?
Given the changes underway in Cuba, what can the U.S. do to promote a
peaceful transition to democracy?
First, let me assert what I believe to be true and what is at the heart of the
Clinton Administration's approach to Cuba: the next President of Cuba is already on
the island. I don't know who he or she is, but I do believe that the future of Cuba will
ultimately be determined by those currently living in Cuba, in the same way that the
present in Eastern Europe is being shaped by those whose voices were once
suppressed. The objective of U.S. policy is not to determine who will govern Cuba,
how its budget will be spent, or what kind of health system will be maintained. Our
goal is to promote democratic elections that will offer the Cuban people the
opportunity to make these choices. For too long, choices have been made in the name
of the Cuban people, but without their free participation or consent.
�7
Immodestly, I believe that the most effective role for the United States in
promoting a democratic transition in Cuba is outlined in the Cuban Democracy Act
(CDA), legislation I helped draft as an advisor to Congressman Bob Torricelli and
which was endorsed by President Clinton when he was a candidate in 1992. We
continue to work to fulfill the promise of that legislation, but I believe the policy for
which it laid the groundwork is already bearing some fruit. It has four main aspects:
The first is well-known - our comprehensive economic embargo on Cuba. The
embargo is not popular with everyone. I know of no one in this Administration who
takes pleasure from the economic hardship in Cuba to which our embargo
contributes. On the contrary, we are all eager to establish the kind of respectful
relationship with Cuba we have with our closest allies and to participate in the
rebuilding of Cuba's devastated economy. We are frequently criticized in the United
Nations and by many of our allies for maintaining the embargo. But it remains the
most effective leverage we have in pressing Cuba to reform. The Cuban Government
has undertaken the limited economic reforms it has only because it has been forced to
by its economic collapse. While Cuba's economic crisis stems primarily from its
hopelessly inefficient, centrally planned economic system, the embargo limits the flow
of hard currency to Cuba from the U.S., and so forces the Cuban regime to make
tough choices sooner.
Perhaps unwittingly, the Cuban Government gave public confirmation of the
necessary evil of the embargo in September. Its new foreign investment law falls far
short of what the Cuban Government had promised investors. It does not permit
foreign companies to hire their own workers directly, and, even more importantly, it
does not allow Cubans on the island to invest in their own country. We believe that
the reason Cuba pulled back from more ambitious reform appears to be the breathing
space this year's modest economic upturn has temporarily given them.
The second aspect of our policy is to provide support for the Cuban people.
Since the enactment of the CDA three years ago, the U.S. Government has licensed
over $100 million in private humanitarian aid to Cuba, mostly food and medicine
from groups in the U.S. distributed through churches and non-governmental
organizations on the island. We also licensed telecommunications agreements that
have dramatically improved communications between the U.S. and Cuba, including
telephone, e-mail, and fax connections. This increased flow of information has
�8
strengthened ties between Americans and Cubans and helped to break the Castro
regime's monopoly on information.
While those initial steps to implement the CDA had an impact, we felt we
needed to do more to support the Cuban people. On Oct 6, the President announced
a series of new measures designed to increase significantly the flow of information to,
from and particularly within Cuba, and to allow U.S. private organizations to play a
more active role in strengthening civil society in Cuba. By civil society, I mean all
those institutions - churches, an independent press, democratic political
organizations, universities, human rights groups, professional societies and other
non-governmental institutions - that mediate between the State and the individual.
As part of our efforts we will be permitting for the first time in decades:
• the reciprocal establishment of news bureaus in Cuba and the U.S.
•
student and faculty exchanges between U.S. and Cuban universities,
including formal study abroad programs for U.S. college students
•
private (NGO) support for activities of recognized human rights
organizations in Cuba, and other activities of individuals and NGOs which
promote independent activity on the island.
•
sale and donation of communications equipment such as faxes, copiers,
computers etc. to NGOs.
• the resumption of direct mail service with Cuba, if the Cuban Government
will agree.
We think that these measures will increase the Cuban people's exposure to
outside ideas in a foc1;1sed way that will not provide an unwarranted hard currency
windfall for the Cuban Government They should also promote the strengthening of
independent groups in Cuba which can articulate and channel Cubans' desire for
democratic change. Just this week we took important steps to explain these new
measures to academic, foundation, and.non-governmental actors. In New York, the
Institute for International Education and Exchanges organized a meeting with more
�9
than 20 representatives from major academic institutions and US private foundations.
In Washington, I had the pleasure of addressing a packed house of 100 nongovernmental actors interested in obtaining licenses for a wide range of activities in
Cuba to support and promote civil society.
A third important aspect of our policy is that we are prepared to reduce
sanctions against Cuba in carefully calibrated ways in response to positive change in
Cuba. If the Cuban Government begins implementing political and economic reforms
that lead toward more fundamental changes than we have seen so far - for example,
legally recognizing genuinely independent organizations or permitting Cubans to
own and operate small businesses, we are prepared to modify our policy accordingly.
We want to encourage Cuba to undertake real change, and to respect basic,
internationally-recognized human rights. As long as Cuba refuses to recognize these
universal principles, we will continue our work in the United Nations and other
international fora to focus the attention of the world community on the lack of
fundamental freedoms and the ~ngoing, systematic abuses of human rights in Cuba.
Fourth, we are committed to providing for safe, legal and orderly migration
from Cuba to the U.S., including special in-country processing of refugees, through
our bilateral migration agreement with the Cuban Government. We are equally
committed to deterring the kind of unsafe, illegal migration that we witnessed in the
massive wave of rafters in the Summer of 1994. The immigration agreements
approved by President Clinton in September of last year and May of this year are
working effectively, channeling Cuban migration flows through safe and legal
procedures and protecting those returned to Cuba from reprisals.
The Wrong Way to Promote a Democratic Transition
The Administration is seeking to use the best tools available to promote a
democratic transition in Cuba. We believe our policy is tough but flexible, and takes
into account broader U.S. inter~sts. Meanwhile, however, a number of members of
Congress, led by Senator Jesse Helms and Representative Dan Burton, have taken a
considerably different approach. The Helms/Burton bills, particularly the House
version, would damage prospects for a peaceful democratic transition. It would also
harm a number of other vital U.S. interests, including U.S. efforts to strengthen
�10
democracy in Russia and the ability of U.S. businesses and investors to operate
overseas.
Although there are some elements. of the legislation that the Administration
could support, including a mandate to accelerate the Administration's planning for
U.S. assistance and other benefits to transition and democratic governments in Cuba,
many other aspects of the bills would cause serious problems.
The House version of the legislation would, for example, create the legal
grounds for a flood of lawsuits by against foreign investors who have invested in
property in Cuba to which U.S. citizens hold claims, even for those who were not U.S.
citizens when their property was taken. The U.S. has condemned the Castro
government's expropriations and intends to strongly encourage a transition
government in Cuba to resolve all expropriation claims as quickly and fairly as
possible. The Helms/Burton lawsuits, however, would undermine important
international legal principles and expose American businesses abroad to similar
lawsuits. Key U.S. allies in Europe and Latin America have also expressed strong
opposition to this measure. The impact at home could be equally painful - the suits
could num her in the tens or even hundreds of thousands, and could clog up already
over-burdened U.S. courts. Associations of certified U.S. corporate and individual
claimants who were American citizens at the time their property was taken 35 years
ago have spoken out against this legislation, rightly claiming that the suits could
damage their own prospects for eventual compensation.
The Helms/Burton lawsuits are also likely to discourage democratic change in
Cuba. Already the Castro regime has used these provisions to play on the fears of
ordinary citizens that their homes and work places would be instantly seized by
Miami Cubans if the regime falls. The Administration believes it should be up to
future Cuban governments to decide how best to resolve the claims of those who were
Cuban citizens when their property was taken, not U.S. courts. To send the Cuban
people the wrong signal about that will ?nly delay Cuba's transition.
Other provisions of the Helms and Burton bills would prevent the
Administration from doing all it could to aid a transition once it has begun. For
example, the bills would bar the U.S. from supporting World Bank and IMF
involvement in Cuba under a transition government, just when such help would be
�11
needed most. The bills would also establish a number of strict requirements for
determining when democratic and transition governments are in power that could
leave the U.S. on the sidelines when events in Cuba start moving rapidly.
The Helms/Burton legislation has been passed by both houses of Congress,
though in significantly different versions. We will try to convince House-Senate
conferees to send the President a good bill he can sign. Secretary of State Christopher
has already indicated that he would recommend that the President veto the more
radical Burton bill.
U.S. Policy Toward Cuba: Where Are We Now?
The U.S. is using the tools that we believe will be most effective in promoting
democracy in Cuba. I am often told that these are not the same tools we are using in
Vietnam and China, where our goals are similar. This is true, but it is also true that
Cuba is very different from either country. The U.S. should tailor its policies toward
each country specifically in ways that will most effectively promote U.S. interests.
This is not the time to unilaterally ease sanctions on Cuba. The Cuban
Government appears to believe that this year's mild upturn in the economy will allow
it put off or avoid fundamental reforms. When asked recently whether additional
changes were planned, Castro replied frankly that "we will do as much as we have
to." Unilateral relaxation of U.S. sanctions would only allow him to do less.
What should determine the future course of our policy? Events on the island and
in the international environment within which our relations with Cuba operate. There
is no single step we can take, no change in policy or new piece of legislation that will
fix the date of the transition in Cuba. What we can do is to keep the pressure on the
Cuban Government for political and economic reform, provide what support we can
to the Cuban people as they struggle to overcome the limitations imposed on them by
the Cuban leadership, and prepare to respond quickly and effectively when change
comes.
�
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
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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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Transcript of a speech by Richard A. Nuccio at the Sugar Industry of Cuba Institute, " U.S. Policy on Cuba"
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8 December 1995
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Nuccio, Richard A.
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Nuccio served as the Special Adviser to the President and Secretary of State for Cuba. 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 85
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
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Cuba
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U.S. ASSISTANCE TO THE ECONOMIC RECONSTRUCTION OF A TRANSITIONAL
AND DEMOCRATIC CU;BA
Richard A Nuccio
Special Adviser to the President and the Secretary of State for Cuba
Shaw Pittman Conference on Foreign Investment in Cuba
Washington, D.C.
January 26, 1996
Good Afternoon. I appreciate the opportunity to speak to this distinguished group. I
would like to thank my friend Matias Travieso-Diaz both for organizing this latest in his series of
excellent fora on Cuba issues, and for inviting the Administration to participate. I know that
Matias, who is basically a peace-loving man, always encounters a lot of flack from all sides
whenever he tries to put together a conference program. However, I have absolutely no sympathy
for him. As I can testify from personal experience, working on Cuba is not for the faint of heart.
One of the reasons why I welcome the chance to speak with you today is because I was
asked to discuss a topic about which the Administration has said relatively little publicly - our
plans for U.S. assistance to a future Cuban Government. This is an issue of great importance for
two reasons. First, because a political transition in Cuba could begin at any time, and the U.S.
must be ready to play an active and positive role in assisting transitional and succeeding
democratic governments in restoring freedom and prosperity to the island. I say this in spite of the
fact that all indications are that Fidel Castro is still firmly in control in Cuba, and gives no sign that
he intends to lead a political transition. Quite the contrary. But then, none ofus had any reason to
believe Communist rule in Russia and the East Bloc would collapse until the first bricks in the
Berlin Wall hit the ground.
The second reason for this topic's importance is that a well-conceived, generous plan for
assisting transition and democratic Cuban Governments should send a clear and valuable signal to
those now in Cuba, both inside and outside of the current power structure, that the United States
is ready to facilitate, not obstruct, their future. The United States is committed to helping Cuba
build the institutions of a strong, representative democracy as well as those of a modern, vibrant
economy.
In addition to being of great importance, the issue of future U.S. assistance to Cuba is also
of immediate relevance, since a Congressional conference committee may soon complete work on
the Helms-Burton legislation. As I have said before, the Administration shares the goal of HelmsBurton's proponents to make clear the United States intent to support Cuba's inevitable transition
to democracy, but we believe the legislation's approach in this and other areas is deeply flawed.
�2
What I would like to do this afternoon is to sketch out our approach, and in the process
demonstrate why we believe that Helms-Burton takes us in the wrong direction.
The Needs
One point of difference between Administration thinking about the U.S. relationship to a
future, democratic Cuba and the authors of Helms/Burton concerns the role of foreign assistance.
We don't know what the final version of the conference report will look like, but earlier versions
of the bill, particularly in the Senate, have foreseen relatively little U.S. assistance. The sponsors
apparently believe that private sector investment will provide all that is needed for a successful
transition. Such investment must play a central role, but the Administration believes that Cuba will
have needs, particularly for institution building and infrastructure, that cannot be met by private
capital inflows alone.
For example, what private sector interest will there be in rebuilding Cuba's political
institutions? Except for a clear constitutional framework, a representative legislature, a properly
delimited executive role, an impartial, functioning judiciary rooted in the law, and a healthy civil
society, Cuba has everything necessary for a modern democracy. What's more, Cuba hasn't
experienced any of the give and take of democratic debate for almost forty years. Cuba's
democratic history is neither as bleak as the current regime tries to portray it, nor as robust as the
external opposition sometimes implies. But we have enough experience in transitions from
Communism elsewhere, in circumstances which were in most cases less difficult than they will
likely be in Cuba, to know that establishing institutions that will give life to a people's democratic
aspirations will benefit from external support, both financial and technical. I believe, and our
policy is based on the assumption, that the next president of Cuba is already living on the island. It
is the leadership that emerges out of a future Cuban transition which will have to make the
political commitment to reform and set the direction and content of Cuba's effort to modernize.
But that leadership will almost certainly need advice and assistance in implementing the changes it
desires.
For example, a new government will probably need assistance in organizing whatever
elections it decides to call as part of its transition to democracy, whether that election is to select
a constitutional convention, a full assembly, or Cuba's next president. As we have seen elsewhere
in our hemisphere, however, elections do not equal democracy. Cuba's democracy will also
require an efficient legislature, effective executive agencies for policy-making, the provision of
public services, law-enforcement and other functions, and a totally revamped legal system that can
protect the rights of Cubans and foreigners alike. This is merely a thumbnail sketch, not a
complete list, but I believe that a future Cuban government will request help in many or even all of
these areas, and probably others as well. Your host Matias has put together an excellent paper
published by Duke University that outlines many of the changes that will probably be required in
Cuba's legal framework. Others, including the Atlantic Council and the International Republican
Institute (IRI), have undertaken similar, laudable efforts. These projects have only scratched the
surface of the tremendous task that lies ahead for Cuba, a task with which the international
community, and particularly the United States, can assist greatly. Without sound political,
constitutional reforms, foreign investors are unlikely to move into Cuba in the numbers in which
�3
they are needed. Without the benefit of international expertise, such reforms may be delayed or
deformed.
Let me add, so that it is not misunderstood by those of good will in Havana, that the mix
of public and private roles, the size and intrusiveness of the state in society, and many other
critical variables will probably look very different from what the US has adopted for itself. I have
always been fascinated that the voting records of our two Republican Cuban American Members
of Congress look more like Democrats than Republicans on a range of issues concerning public
assistance, education, immigration, and others. Surveys of Cuban Americans have long indicated a
preference for a much larger role for the state in society than what one might argue is the center
of gravity for US politics. I suspect that the much maligned Democratic health plan of last year
would look rather attractive to a future democratic electorate in Cuba. If that is the will of the
Cuban people, it is certainly what the United States will accept and respect.
Let's consider now the kinds of economic assistance that a future Cuban government
might need to lift the island from its current state of near catastrophe. Many of you are aware that
Cuba's economy declined by almost one half between 1989 and 1993, and that buses and tractors
have been replaced by bicycles and oxen. Cuba's imports have fallen to 20 percent of their 1989
levels. As their raw materials dried up, output in most factories dropped to a small fraction of
capacity; many facilities have shut down altogether. Cuba as a nation has de-capitalized in a
manner probably without precedent. Apart from the few sectors in which there has been a
substantial inflow of foreign investment, Cuba's infrastructure has deteriorated markedly.
Buildings, including residences, are literally collapsing at an alarming rate.
The Cuban Government claims that it has now halted Cuba's economic free-fall, and has
restored a modest level of growth. It believes that it has managed to do this through limited
reforms to the domestic economy, including the legalization of farmer's markets, self-employment
and circulation of the dollar, and through a concerted effort to attract foreign investment. Even
the Cuban government admits, however, that the man in the street is unlikely to notice an
economic recovery for some time. For our purposes today, we should note that the current Cuban
Government is unlikely to have the resources to reverse Cuba's decapitalization, except through
massive foreign investment. While some such investment has occurred, particularly in tourism and
mining, it is unlikely that large flows of foreign investment will go to Cuba before it institutes
more fundamental reforms to its domestic economic and political system and normalizes relations
with the United States. Incidentally, this is one reason why we do not believe the radical measures
proposed in Helms-Burton legislation are justifiable - the size and nature of the foreign
investment now flowing into Cuba will not save the Cuban Government. The bottom line for our
planning exercise is that Cuba's economy is unlikely to grow substantially under current economic
policies and its infrastructure will continue to deteriorate.
What will a future government in Cuba need to reverse this state of affairs? First, it will
need sound economic policy-making of the kind that has led other economies in the region out of
the morass that statist economic models and corruption helped create. I am unaware of any
"Chicago Boys" waiting in the wings in Havana to put things right, nor would I necessarily
endorse their recommendations. Nevertheless, I think that this is an area in which international
�4
technical assistance will be of particular value. The Spanish government has made a valiant
attempt to inject some sense into the current government's economic policies, and we see in the
fiscal reforms undertaken to date some semblance of a structural adjustment program. The
Spanish effort, however, has been hamstrung by recalcitrance at the top of Cuba's political
system, as the Spanish have been the first to admit. Unless the process of structural reform
accelerates before a democratic transition takes place, the enormous potential of Cuba's private
sector and the capacity of foreign investors to help resuscitate the island will remain untapped.
U.S. investors should be at the forefront ofthis effort with the competitive advantages that only
U.S. firms can bring, but this will not happen without sound economic policies in place. And such
policies are more likely to be in place with international expertise to help design and implement
them.
The current Cuban government has already absorbed some of the economic pain that is
usually associated with reducing state subsidies and balancing a bloated budget. They have not
allowed a large expansion of the private sector, and are, thus, postponing the benefits of this
restructuring for the population. The portion of structural adjustment usually requiring the largest
outlays of international lending- for balance of payment support- are already well underway.
This should reduce somewhat the burden the IFis will have to bear in supporting Cuba's reform
process.
Much remains to be done, which brings me to the subject of Cuba's other principle
requirement during a transition - improved infrastructure. We can hope that a significant portion
of the rebuilding of Cuba can be accomplished by private investors with private funds. Intelligent
policy choices by Cuba's new government can maximize the use of private funds to lay the
infrastructure foundations for broad economic growth. Early privatizations with ample
opportunity for involvement by on-island Cubans would likely form a key part of such a strategy.
Such decisions will be politically complicated and challenging. Even with intelligent choices,
however, there are likely to be substantial requirements for international assistance and loans for
some projects, whether for roads, ports, energy plants, government buildings or other facilities.
International lending is sometimes the only way to accomplish projects which are necessary but in
which private investment is not forthcoming or not appropriate.
To conclude a discussion of Cuba's likely needs during a transition, we will have to
mention humanitarian assistance. We all know that Cubans already suffer from serious shortages
of everything from food to clothes to medicine. If serious social or even military upheaval were to
occur - circumstances which the Administration seeks to avoid, I hasten to add - the
humanitarian needs of Cubans could grow even more desperate. I cannot quantify for you today
what level of emergency support would be required to get Cuba through the initial phases of such
a transition, both because we have not yet done the necessary research and because so much
would depend upon circumstances that we cannot now know. If the need were there, however,
the United States would be the natural leader of an international effort to address a humanitarian
emergency. It remains our hope that the Cuban Government will implement the political and
economic reforms necessary to allow the island's inevitable transition to democracy to take place
peacefully and without mass suffering.
�5
U.S. and International Capacities
After determining what kinds of assistance Cuba is likely to need during its transition to
democracy and a market-based economy, the next question is who should provide it. It should not
be news to anyone here that the days oflarge U.S. foreign aid budgets are gone. In some studies I
saw last year, Americans polled on the matter said that foreign aid should be cut drastically to
around five percent of the federal budget. The only trouble is that it is already less than one
percent of the federal budget.
In spite ofthis general trend, however, there are few foreign countries with as powerful
and focused a constituency as that for Cuba. It has long been a standard joke at the State
Department that in the year 2010 Cuba will be the only country in Latin America receiving U.S.
aid. Although I hope that is not the case for a region still likely to require external capital flows,
the joke does capture the vital role that the Cuban American community in the United States will
play in Cuba's future, both in terms of direct investment and in advocating official assistance
flows.
While I think that U.S. official assistance to Cuba will be essential during a transition, it
should by no means by the only, and certainly not the largest source of international support.
International Financial Institutions (IFis) must also play a central part in Cuba's reconstruction. I
know that the IMF, the World Bank and the IDB are all watching developments in Cuba with
great interest. The IMF has already had informal discussions with the current Cuban Government.
·we do not support IFI loans to Cuba now- IFI funding would offer the regime a way to avoid
more fundamental political and economic reform - but we will eventually look to the IFis to take
the lead in key areas. We are still too far from providing large-scale assistance to Cuba to be able
to pinpoint exactly how the task of aiding Cuba's reconstruction will be conceived, but we can say
two things: first, that the job will likely be divided, according to the expertise, appropriateness and
available resources of various donors; and second, that organizing the assistance effort will
require close cooperation and coordination among donors. I would like to think that the U.S. can
play a leading role in that effort, but this will require both willingness to contribute a significant
amount of resources as well as political support from all other actors involved. Neither of these
factors can be taken for granted. We will have to demonstrate clearly before the day when our
task begins in earnest that we are serious about our resource commitments and that we can be
trusted to act as reasonable members of an international team. I would argue that the HelmsBurton legislation now before Congress would damage our credibility on both these counts, but I
will return to this topic in a few minutes.
Let's talk now about assistance beyond humanitarian efforts. Who can best address Cuba's
likely needs for help in implementing political and economic reforms and for rebuilding
infrastructure? In the area of political reform, I would envision the U.S. working closely with
other interested governments, as well as the UN and/or the OAS, to help organize and monitor
elections. In the post-Cold War realities of Latin America and the Caribbean, the United States
has worked effectively with Groups of Friends, countries such as Spain, Mexico, Colombia,
Norway, and others which shared our interest in and commitment to goals of peace and
�6
reconciliation in El Salvador and, more recently, Guatemala. Such a Group of Friends of Cuba
might provide critical international support during a difficult transition.
These same actors could provide assistance to continue strengthening Cuba's nongovernmental organizations, as we have begun to do through our "Support for the Cuban People"
initiatives, and possibly expand efforts to include technical support for the process of forming
independent political parties. The International Red Cross or the UN' s High Commissioner for
Human Rights, for example, could also play an advisory role in resolving the situations of
remaining political prisoners, and in helping a transition government establish suitable guarantees
for the protection of all citizens' fundamental rights as soon as possible. The U.S. might be the
best provider of technical assistance in the areas of judicial, police, and military reform. The
Spanish and Canadians are already working in some of these areas under the current regime. The
U.S. has developed experience in such projects elsewhere in the hemisphere, advising
governments on how to reorganize and strengthen courts, and ministries of justice, and in
professionalizing security and military forces.
Let's turn, then, to economic reforms. The U.S. has opposed IMF involvement in Cuba
under current circumstances, but if the current government or a successor were to demonstrate its
commitment to fundamental political and economic reform, the IMF and other IFI' s would be the
natural leaders in this area. They bring the most experience and the largest pool of resources to
the task of helping a nation establish a positive policy environment for the private sector to power
an economic recovery. It seems likely at this point that a reform-minded Cuban government
would begin its tenure almost penniless, so in addition to policy advice, there could well be need
for at least some balance of payment support and some debt-rescheduling. I would expect the
U.S. to be part of an international group supporting this effort, as it has with other reform-minded
Latin American governments. The brunt of this burden, however, would likely have to be borne
by the IFis.
We have also discussed the tremendous infrastructure needs of a transition Cuba. Wiselychosen infrastructure projects would have a multiplier effect for an economy on the mend,
increasing demand for a variety of materials, services and labor as well as laying the foundation
for later growth through better roads, rail lines, ports, communications links and other services.
Financing for these projects need not come exclusively, or perhaps even primarily, from assistance
or international lending. OPIC support for U.S. investment, for example, could foster greater
private sector participation. Other kinds of creative public/private partnerships, including debt-forequity swaps, could allow work to begin without substantial outlays of scarce public dollars.
Creative schemes for resolving expropriation claims could also jump-start infrastructure projects.
I'll return to this important topic in a few moments. It seems likely, however, that certain kinds of
public investments will best be accomplished through the large loans that the World Bank and
other multilateral development banks have facilitated elsewhere. The U.S. has in recent years
moved away from funding large, infrastructure projects abroad, so I would foresee the U.S.
Government role here as primarily limited to technical assistance and support from OPIC and the
Ex-Im Bank.
�7
A particularly thorny political issue for a successor government will be how and whether
to maintain Cuba's high-level of free social services, the so-called "gains of the Revolution." The
Cuban economy will have to generate enough growth and government revenue to sustain these
expenditures if they are to be maintained, but this is a decision that only a future government not the international community - can make. One of the most important messages that we must
send to the Cuban people now is that the U.S. Government does not intend to take these benefits
away from them - regime rhetoric notwithstanding. They themselves should be able to choose
their nation's course on key questions such as this through a public debate prior to multi-party
elections.
When to Proceed
I would like to turn now to one of the most critical issues in any discussion of future
assistance to Cuba - when to provide it and with what conditions. The Helms-Burton bill has put
this question into sharp relief. In addition to offering a limited menu of possible types of assistance
from which the Administration may choose, the House version of the bill lists about 15
requirements which future transition and democratic governments will have to satisfy before
becoming eligible for any assistance at all. The Administration believes that such conditions could
leave the U.S. on the sidelines just when the U.S. could most assist a fledging government moving
in the right direction. The sponsors of this legislation are not content to leave the decision of when
to aid a transition government in Cuba to the President of the United States, the person the
Constitution entrusts with leadership of foreign policy. But do we really want to stand by with a
clipboard and a checklist while the first Cuban government in 37 years to embrace democracy
struggles to establish itself? Is that the kind of signal we want to send to advocates of change in
Cuba? It seems to me it is not.
I don't have an alternative checklist to offer you which will pre-determine when and how
U.S. assistance to a transition government in Cuba should begin. But I do believe that we will
need to respond to opportunities to promote a transition as soon as they develop. Our support for
human rights activities through Freedom House is our first such initiative. In the actual event, I
believe that there will be substantial consensus on when other, larger U.S. assistance programs
could contribute to a successful democratic transition. The Administration would in any case
notify Congress of its plans to provide assistance; Congress would at that time have the
opportunity to make clear any disagreement over the President's plans. Until then, our legislation
and plans for assistance should convey U.S. readiness to help any government committed to
democracy in Cuba.
U.S. Claims Issues
We could not have a meaningful discussion about the U.S. role in Cuba's reconstruction
without mentioning expropriation claims. As many of you are probably aware, U.S. citizen
expropriation claims against Cuba are valued in the billions of dollars. Nearly 6,000 U.S. citizen
claims against Cuba have been certified by the Foreign Claims Settlement Commission, valued at
approximately $6 billion. Other claims may multiply that figure several times. It's easy to see that
the Cuban Government's enthusiasm for nationalizing the properties of Americans and Cubans
�8
alike means that a large percentage of Cuba's housing and productive resources may be subject to
expropriation claims. Until these claims are dealt with, they could act as a brake on investment
and cause tensions in U.S.-Cuban relations.
Therefore, the United States expects that a future Cuban government, out of its own
interests as well as those of claimants, will meet its responsibilities under international law of
providing restitution or prompt, adequate, and effective compensation for expropriated
properties. Such a step will help heal old wounds and restore confidence in the institution of
private property on the island.
We recognize, of course, that resolving expropriation claims will be among the most
difficult responsibilities a future Cuban government will face. If the Government meets this
challenge promptly and with fairness, it will significantly improve prospects for the country's
economic recovery. If it does not meet this challenge, claims issues could undermine its efforts in
a host of other areas. The U.S. should be prepared to work flexibly with transition and democratic
governments to help achieve a successful resolution of the claims problem.
Our problems with Helms-Burton's approach in this area are well-known. Rather than
allowing the U.S. Government to use good judgment and established principles of international
law to resolve U.S. expropriation claims, which our government has done successfully in a
number of other countries, Helms-Burton would complicate the resolution of claims immensely by
creating a cause of action in U.S. courts to sue "traffickers" in U.S. claimed properties. Such a
cause of action is wholly insupportable under international law, would cause unnecessary friction
with our trading partners around the world, and expose U.S. businesses to copy-cat legislation
elsewhere. But perhaps most relevant to the claims issue, it would seriously undermine the U.S.
government's ability to obtain meaningful compensation for U.S. claims. A Cuban government
would have little reason to negotiate with the U.S. or resolve claims under its own law if these
same claims are the subject oflawsuits in the U.S. Helms-Burton's Title III would turn what
should be a manageable problem into a nightmare.
Putting a Plan Together
As I mentioned at the outset, the Administration agrees with the sponsors ofHelmsBurton that offering a plan for U.S. efforts to aid transition and democratic Cuban Governments
makes good sense. We have begun the process of determining how the U.S. can best support a
transition to democracy in Cuba, although it remains to be seen whether we will have a formal
congressional requirement for a report or plan. In any case, we would welcome the opportunity to
discuss our plans with Congress when they are more fully developed. Above all, we look forward
to sharing our plans with the Cuban people so that they'll know the U.S. stands ready to help
them in a myriad of ways when their country is ready to join this hemisphere's community of
democracies.
�
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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-1309
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Transcript of a speech by Richard A. Nuccio at the Shaw Pittman Conference on Foreign Investment in Cuba, "U.S. Assistance to the Economic Reconstruction of a Transitional and Democratic Cuba"
Date
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26 January 1996
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Nuccio, Richard A.
Description
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Nuccio served as the Special Adviser to the President and Secretary of State for Cuba. 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 85
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PDF
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English
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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></p>
Cuba
-
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Text
"Prospects for a Peaceful, Democratic Transition in Cuba:
A U.S. Perspective"
Remarks to the West Point Society·of South Florida
September 8, 1995
Dr. Richard A. Nuccio
Special Advisor to the President and the Secretary of State for
Cuba
I want to thank Dan Carlo and the West Point Society for
inviting me to speak to you this afternoon on a topic that is of
critical importance for the people of Cuba, and which will have a
direct impact on the lives of many who live in South Florida.
I believe that the Cuban people, when given the choice, will
share many of the same aspirations that we have seen expressed
throughout this hemisphere and in most of the nations formerly
under communist rule:
the desire for political democracy and a
better standard of living for themselves and their children.
Democracy will be a necessity for them, not a luxury, and they
will struggle to achieve it.
If the Cuban people want democracy, the United States, and
above all those who live here in South Florida, want it to come
through a peaceful transition that preserves the best of what the
Cuban people have and makes it possible for them to have a future
limited only by their own will and initiative.
I'd like to talk today about what prospects the
Administration sees for a peaceful, democratic transition in
Cuba.
I'd also like to discuss what the Administration is doing
to promote that transition, as well as what some others on
Capitol Hill propose to do. While none of us can ultimately
determine how and when a transition takes place - that will and
should be determined by Cubans on the island - what the United
States does or does not do will make a tremendous difference.
The Process of Change Underway in Cuba
Let me begin by telling you what we believe is happening in
Cuba right now.
A process of profound change is underway in Cuba, some of it
controlled by the Government, much of it not.
Some consider that
to be a controversial statement - believing that no real change
can occur while Fidel Castro is still in power - but I think the
evidence is clear.
During the heyday of $6 billion annual subsidies from the
Soviet Union, the Cuban regime was able to establish a completely
government-run, command economy, and provide free, universal
education and health care. The Government, then, was the only
source of everything for the individual, from his job to his home
to medicine for his family.
In return for the state's
generosity, the individual was expected to render unconditional
�2
obedience. The regime's extensive and highly-effective
repressive apparatus stood ready to "discipline" those who did
not uphold their end of this "bargain."
The end of Soviet subsidies exposed the underlying weakness
of Cuba's economic system. Many of you may have heard some of
the startling facts about Cuba's economic free fall since 1989.
GNP has declined by half. Sugar exports, Cuba's main source of
hard currency, have declined by more than half. As a
consequence, Cuba's imports have declined almost 80 percent.
These cold economic numbers have had a devastating impact on
ordinary Cubans: monthly rations now barely supply enough food
for two weeks; bicycles have replaced cars and buses; oxen and
horses have replaced tractors; state industries operate at a
fraction of their capacity, and huge layoffs are rumored as the
government confronts a fiscal nightmare.
Cuba's standard of
living has gone through the floor.
Though the Cuban Government
has lately been claiming that the free-fall is over and a
recovery has begun, most economic experts do not believe that
Cuba has yet made the kinds of deep structural changes that will
produce sustainable economic growth.
As a result of the end of Soviet subsidies, plummeting
domestic productivity, and our continuing comprehensive embargo,
the Cuban government has been forced to enact a series of limited
economic reforms that have permitted the beginnings of a private
sector. Around 200,000 Cubans have taken advantage of a
government decree legalizing already existing but illegal
practices of self-employment in service areas like small
restaurants, barbershops, appliance repair and the like. Many
independent farmers and agricultural cooperatives have brought
their produce to farmers' markets where "excess" goods may be
sold at market prices. Dollars may now be circulated legally.
All these changes would have been unthinkable only a few years
ago, as would have been the enthusiastic pitch that Cuba is now
making to foreign investors.
The Cuban Government has not made these moves because it
recognizes that its economic or political system has failed, but
because circumstances have forced its hand.
It cannot any longer
afford to employ everyone, nor supply enough food for Cubans to
survive by doing what it did for some thirty years.
Some argue that these grudging economic changes are in
themselves political changes or that they will inevitably have
political ramifications. This is probably true in the sense that
the regime's dire economic straits have made it increasingly
difficult to control all facets of life on the island. As the
state withdraws from areas it can no longer afford to control,
�3
individuals, organizations that survived decades of repression,
and new institutions seek to respond to the needs of ordinary
Cubans.
In organizing to help the sick, the old, the needy, the
unemployed or those in spiritual crisis, these new and revived
actors of Cuban society build the foundations of a new Cuba.
The Cuban state fears these developments, but it would pay a
political and economic cost in attacking them frontally.
Rather
it seeks to portray them as "counterrevolutionary" and part of an
evil US plan to destabilize Cuba. After three decades of
revolutionary "advancement" and the building of the "new man" the
Cuban government is afraid that teachers of English as a second
language will infect the Cuban people with alien ideas and topple
a leadership that claims to represent the Cuban masses.
I wish I could tell you that there are indications that the
Cuban government recognizes the inevitability of this change and
is, however reluctantly or slowly, preparing to adapt and channel
these forces toward a peaceful transition.
I lived under the
Franco dictatorship in the early 1970s.
I had to recognize that
one of the world's longest-lived dictators had permitted local
elections in Madrid and allowed the emergence of groups of
intellectuals and others who questioned the regime a full decade
before he finally passed from the scene.
In Chile General
Pinochet, relinquished power after holding a national plebiscite.
But we have no such signs from Cuba. All indications are
that Fidel Castro is still firmly in control, and that he has no
intention of stepping down or initiating significant political
reforms.
Independent observers such as former Costa Rican
president and Nobel winner Oscar Arias who have recently visited
the island report no sign of any political opening paralleling
the economic changes that Castro is permitting.
What is the
u.s.
Doing to Promote a Transition?
Given the changes underway in Cuba and the apparent
resistance of Cuba's senior leadership to these changes, what
can the U.S. do to encourage those forces likely to promote a
peaceful transition to democracy?
First, let me assert what I believe to be true and is at the
heart of the Clinton Administration's approach to Cuba:
the
next president of Cuba is already on the island.
I don't know
who he or she is, but I do believe that the future of Cuba will
ultimately be determined by those currently living in Cuba, in
the same way that the present in Eastern Europe is being shaped
by those whose voices were once suppressed. The objective of
�4
U.S. policy is not to determine who will govern Cuba, how its
budget will be spent, or what kind of health system will be
maintained. Our goal is to promote democratic elections that
will offer the Cuban people the opportunity to make these
choices.
For too long, choices have been made in the name of
the Cuban people, but without their free participation or
consent. Our first contribution to a peaceful democratic
transition on the island, therefore, is to focus our attention
on what is happening in Cuba, not on the domestic politics of
Cuba policy. My short-hand way of saying this is to assert that
our policy must be based on what is happening in and around
Cuba, not in Miami or New Jersey.
I say this not to exclude or
deny the important role of the Cuban American community in the
future of Cuba, but to focus all of our attention away from our
domestic battles and toward the eleven million people whom we
say we want to support.
Immodestly, I believe that the most effective role for the
United States in promoting a democratic transition in Cuba is
outlined in the Cuban Democracy Act (CDA), legislation I helped
draft as an advisor to Congressman Bob Torricelli in 1992 and
which President Clinton endorsed when he was still a candidate
for office. We are just now implementing important parts of
that legislation, but I believe the policy for which it laid the
groundwork is already bearing some fruit.
It has four main
aspects:
The first is well-known - our comprehensive economic embargo
on Cuba. The embargo is not popular with everyone.
I know no
one in this Administration who takes pleasure from the economic
hardship in Cuba to which our embargo contributes. On the
contrary, we are all eager to establish the kind of respectful
relationship with Cuba we have with our closest allies and to
participate in the rebuilding of Cuba's devastated economy. We
are frequently criticized in the United Nations and by many of
our allies for maintaining it. But it remains the most
effective leverage we have in pressing Cuba to reform. The
Cuban Government has undertaken the limited economic reforms it
has only because it has been forced to by its economic collapse.
While Cuba's economic crisis stems primarily from its hopelessly
inefficient, centrally planned economic system, the embargo
limits the flow of hard currency to Cuba from the U.S., and so
forces the Cuban regime to make tough choices sooner.
Perhaps unwittingly, the Cuban government has just given a
public confirmation of this assertion of mine. The new foreign
investment law passed -without one dissenting vote of course
by Cuba's Popular Assembly falls far short of what the Cuban
government had promised to investors and other governments
�5
seeking to encourage greater reform in Cuba. The only
explanation possible for this outcome is that the government has
taken advantage of the mild upturn in the Cuban economy to
reassert ideological purity and reaffirm its adherence to
socialist principles of bad economics and ineffective policies.
Tragically, Cuba has just demonstrated that any unilateral
relaxation in the US embargo would be used to delay a economic
and political transition, not to smooth the way towards it.
The second aspect of our policy is to provide support for
the Cuban people.
Since the enactment of the CDA three years
ago, the U.S. Government has licensed over $90 million in
private humanitarian aid to Cuba, mostly food and medicine from
non-governmental groups in the U.S. distributed through
non-governmental organizations on the island.
In addition to
humanitarian aid, we also licensed telecommunications agreements
that have dramatically increased communications between the U.S.
and Cuba, including telephone, e-mail, and fax connections.
This increased flow of information has strengthened ties between
Americans and Cubans, and has begun to break the regime's
monopoly on information.
While what we have done thus far has beEn significant and
has directly contributed to the emergence of civil society in
Cuba, we need to do much more to further increase the flow of
information to, from and within the island, and to strengthen
the institutions of civil society in Cuba that are the only
guarantee we have that when change comes it will be more
peaceful and more democratic in Cuba. We are continually
reviewing new means of accomplishing these goals.
Unfortunately, because of the way Washington works that means
that you get to read about some of them in the newspaper before
the President does. However, I want to underline that what is
speculated about in the press are ideas we are seeking to
develop and test out, not Presidential decisions.
I'm still
very old fashioned about Presidential decisions and believe that
he should get to make them before he reads about them in the NY
Times.
Thirdly, we are prepared to reduce the sanctions against
Cuba in carefully calibrated ways in response to positive change
in Cuba.
If the Cuban Government begins implementing
fundamental political and economic reforms - for example,
legally recognizing genuinely independent organizations or
permitting Cubans to own and operate small businesses - we are
prepared to modify our policy to support these positive
developments. We want to encourage Cuba to undertake real
change, and to respect basic, internationally-recognized human
rights.
Unfortunately, the evidence to date suggests that the
�6
Cuban Government is unwilling to take these steps. As long as
that is the case, we will continue our work in the United
Nations and other international fora to focus the attention of
the world community on the lack of fundamental freedoms and the
ongoing, systematic abuses of human rights in Cuba.
Fourth, we are committed to providing for safe orderly
migration from Cuba to the U.S., including special in-country
processing of political refugees, through our bilateral
migration agreement with the Cuban Government. We are equally
committed to deterring the kind of unsafe, illegal migration
that we witnessed in the massive wave of rafters in the Summer
of 1994. We recently fulfilled our commitment to provide at
least 20,000 visas to Cubans wishing to come to the United
States and intend to uphold all aspects of the agreements we
have made with Cuba on migration issues.
The Wrong Way to Promote a Democratic Transition
I've just described for you the approach the Administration
takes to promoting democratic change in Cuba, which we believe
is tough but flexible.
Meanwhile, however, a number of members
of Congress, led by Senator Helms and Representative Dan Burton,
have taken a considerably more extreme approach.
The
Helms/Burton bill, currently before the Congress and supported
by a number of representatives from South Florida, would.in its
current form damage prospects for a peaceful democratic
transition.
It would also harm a number of other vital U.S.
interests, including U.S. efforts to strengthen democracy in
Russia, U.S. trade obligations under NAFTA and the WTO, and the
ability of U.S. businesses and investors to operate overseas.
While there are some elements of the legislation that the
Administration could support, including a mandate to accelerate
the Administration's planning for U.S. assistance and other
benefits to transition and democratic governments in Cuba, many
other aspects of the bills would cause serious problems.
The legislation would, for example, create the legal grounds
for a flood of lawsuits against foreign investors who have
invested in property in Cuba to which Americans hold claims.
The U.S. has condemned the Castro government's expropriations
and intends to encourage strongly a transition government in
Cuba to resolve all expropriation claims as quickly and fairly
as possible. The Helms/Burton lawsuits, however, would be
inconsistent with international legal precedents since the
property and the transactions involved are outside U.S.
jurisdiction.
Enactment of the provision could for this reason
undermine important international legal principles and expose
�7
American businesses abroad to similar lawsuits.
Key U.S. allies
in Europe and Latin America have also expressed strong
opposition to this measure. The impact at home could be equally
painful -- the suits could number in the tens or even hundreds
of thousands, and could clog up Florida courts. Associations of
certified U.S. corporate and individual claimants who were
American citizens at the time their property was taken 35 years
ago have spoken out against this legislation, rightly claiming
that the suits could damage their prospects for eventual
compensation.
The Helms/Burton lawsuits are also likely to discourage
democratic change in Cuba. Already the Castro regime has used
these provisions to play on the fears of ordinary citizens that
their homes and work places would be instantly seized by Miami
Cubans if the regime falls.
However inaccurate, this perception
plays directly into the hands of the Cuban Government.
The U.S.
must do everything it can to make clear that we believe it is up
to future Cuban governments to decide how best to resolve the
claims of those who were Cuban citizens when their property was
taken, not U.S. courts.
Other provisions of the Helms and Burton bills would prevent
the Administration from doing all it could to promote the
smoothest and most rapid transition possible to a prosperous,
democratic Cuba.
For example, the bills would bar the U.S. from
supporting World Bank and IMF involvement in Cuba under a
transition government, just when such help would be needed most.
The bills would also establish a number of strict requirements
for determining when democratic and transition governments are
in power.
The last time I checked the Constitution, it was up
to the President to make foreign policy decisions like that.
These criteria could leave the U.S. on the sidelines when events
in Cuba start moving rapidly.
Rather than go into further detail about the bills, let me
sum up by saying that Helms/Burton would jeopardize key U.S.
interests across the globe by putting Cuba (awkwardly) at the
center of U.S. foreign policy, and would likely work directly
against its stated goal -- promoting a democratic transition in
Cuba.
The Administration has tried to work with the Congress to
modify the bills, and remains willing to do so, but so far the
bills' sponsors have shown little willingness to address our
profound concerns.
It's anyone's guess whether Helms/Burton
will make it through both houses of Congress, but unless it is
significantly changed in the process it will not have the
Administration's support.
The Transition:
Where Are We Now?
�8
I've tried to present you some varying perspectives on
Cuba's inevitable transition to democracy.
I've told you what
the Cuban Government appears to be aiming for, what some in
Congress propose to do, and what approach the Administration
brings to Cuba policy. One thing I haven't told you is when the
transition will happen.
(Refunds are available at the door.)
That's because I don't know.
I don't think anyone does.
Moreover, I think it would be a mistake for US policy to imagine
that after thirty-six years there is a single step, a change in
policy, or a new piece of legislation that will fix the date of
the peaceful democratic transition that is in the best interests
of the Cuban people and of the United States. The best we can
do is to keep the pressure on the Cuban Government for
political and economic reform, provide what support we can to
the Cuban people as they struggle to overcome the limitations
imposed on them by the Cuban leadership, and prepare to respond
quickly to that change when it comes.
�
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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-1313
Title
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Transcript of a speech by Richard A. Nuccio at a West Point Society event, " Prospects for a Peaceful , Democratic Transition in Cuba: U.S. Perspective"
Date
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8 September 1995
Creator
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Nuccio, Richard A.
Description
An account of the resource
Nuccio served as the Special Adviser to the President and Secretary of State for Cuba. 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 85
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Documents
Format
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PDF
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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></p>
Cuba
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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.
�
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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-1297
Title
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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
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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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Text
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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
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
-
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5cc707a3d958711c6e1772718c950cce
PDF Text
Text
SUPPORT FOR THE CUBAN PEOPLE
Background
On October 6 of this year, President Clinton announced a number of
measures intended to further the ability of individual Americans and U.S. NonGovernmental Organizations (USNGOs) to contribute to the strengthening of
civil society in Cuba. Among these measures was the decision to create a new
license category in the Cuban Assets Control Regulations based on the
provisions of the Cuba Democracy Act of 1992. On October 13 the Treasury
Department issued regulation 515.574 based on the "Support for the Cuban
People" section of the Cuban Democracy Act. This new regulation allows for
the issuance of specific licenses for transactions related to activities that
will support the development of civil society in Cuba. The license category
broadens the scope of licensable activities beyond that which may be permitted
under educational, research and humanitarian regulations.
The Treasury Department has authorized by general license commodity
exports that have been licensed by the Commerce Department. A Department of
Commerce regulation is planned that will cover commodity exports to Cuba when
such exports are deemed to contribute to the same purpose for which the new
Treasury regulation was issued. However, until this new Commerce Department
license is issued, applicants for Treasury licenses under the Support for the
Cuban People license category should be aware that the Commerce Department can
only license exports of commodities authorized pursuant to present regulations
permitting educational, religious and humanitarian exports.
The License Regulation
Section 515.574 Support for the Cuban People reads as follows:
"(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."
The Application and Review Process
Applications should be submitted to the following address:
Director of the Office of Foreign Assets Control
Department of Treasury
1500 Pennsylvania Ave, N.W. - Annex
Washington, D.C. 20220
phone: (202) 622-2480
fax: (202) 622-1657
�2
Applications for an OFAC Support for the Cuban People license will be
referred by Department of Treasury to the Department of State for interagency
review, prior to issuing or denying the license.
License applications should include information concerning:
- Description of the U.S. applicant, including relevant experience;
- Description of the Cuban counterpart organization;
- Description of the proposed activity, including proposed travel,
commodities
and financial transactions; and
- Description of proposed monitoring and evaluation arrangements.
Support for the Cuban People activities may include technical
assistance, training, financial assistance and commodities.
If commodities
are included, a Commerce Department license should also be obtained by
contacting the following:
Office of Exporter Services
P.O. Box 273
Bureau of Export Administration
Department of Commerce
Washington, D.C.
20230
phone: (202) 482-4811
fax: (202) 482-3617
Review Considerations
The following are some of the main factors that will be considered in
reviewing applications.
Groundwork
License applications require "a clearly articulated showing" that the
proposed transactions are consistent with the terms of the regulation.
For
most activities, this will require the applicant to be reasonably familiar
with the target group and the realities of operating in Cuba. Other NGOs that
have operated in Cuba provide an excellent source of information.
Prospective
license applicants who would like advice on their proposed activities prior to
formally soliciting a license may contact Kevin Sullivan in the Department of
State's Office of Cuban Country Affairs at 202-647-9273.
You may also contact
the co-chairs of the Support for the Cuban People Interagency Working Group -Peter Orr, Senior Advisor for the Latin American Bureau at the Agency for
International Development (202-647-9155) and Michael Ranneberger, Director of
Cuban Affairs, Department of State (202-647-9272).
In many instances the
applicant may need to visit Cuba in order to develop a project proposal.
Travel licenses will be granted for a limited period of time for organizations
and individuals that need to conduct an on-island assessment to develop the
specifics of a sound Support for the Cuban People activity.
Licenses are
encouraged to visit the U.S. Interest Section (phone: 537-320-551) for
additional information that may be helpful in conducting their research and
developing their proposals.
Applicants, Capabilities and Accountability
An important factor in licensing determinations is the degree of
assurance that the USG can have that the applicant has the wherewithal to
ensure that the proposed activity will be carried out as described in the
�3
license application 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
application has the ability to effectively carry out the activity in Cuba as
proposed.
Clearly some activities would demand greater experience than
others. The applicant's plans for monitoring the activity and ensuring
accountability will also be an important consideration in the review process.
Cuban Counterpart Organizations
Whether a proposed activity is considered to promote the purposes of the
Support for the Cuban People regulation will depend in large part upon the
designated Cuban counterparts and/or beneficiaries.
Recognized Cuban human
rights organizations are specifically mentioned in the regulation as an
eligible category.
For these organizations and other truly independent NGOs,
such as churches and church-affiliated organizations and independent
professional organizations such as the independent economists, a fairly broad
range of assistance will be considered for licensing. There is no ambiguity
in the role that these organizations have in strengthening civil society in
Cuba, and the U.S. Government particularly encourages support to them.
Applicants should understand that many independent organizations in Cuba are
not officially recognized by the Cuban Government.
On the other hand, there are a large number of organizations in Cuba
that are classified by the government of Cuba as NGOs, but which to a degree
are affiliated with and/or controlled by the government.
Some have been
established by the government to pursue the political aims of the government
or to attract external assistance. Within this broad array, different
organizations evidence varying degrees of independence of thought and action.
With the aim of promoting a diverse civil society in Cuba, the USG will
consider applications for assistance that may involve the participation of
government-affiliated NGOs where there is evidence that the particular
organization demonstrates a degree of independence.
Given the connection of
these organizations with the Cuban Government, it becomes particularly
important that the license applicant's proposed project clearly and credibly
contribute to furthering the independence of the organization, or of the group
within the organization that is involved in the activity. A higher degree of
monitoring by the applicant will also be necessary when undertaking an
activity with a counterpart organization that is not truly independent.
Licensees may be called upon to subsequently provide documentation to confirm
that the terms of the license were adhered to.
Promoting Independent Activity
For a Cuban civic organization that is already truly a-independent,
virtually any assistance activity that would strengthen that organization's
ability to carry out its mandate would serve the purposes of strengthening
civil society.
For an organization that is subject to a degree of government
control, the proposals must convincingly demonstrate the potential to increase
the autonomy of the organizations.
Potential activities could be aimed at
increasing the self-management of and pluralism within the organization or at
reducing its dependence on ideas, initiative and direction from the
government.
Activities by nonprofit USNGOs to promote independent economic activity
may also be considered for approval under the Support for the Cuban People
license regulation.
Examples of potential beneficiaries include the selfemployed, private farmers, and young people interested in training to become
�4
entrepreneurs. Consistent with the embargo, however, U.S. commercial entities
will not be eligible for such licenses.
For the purposes of licensing Support for the Cuban People, "independent
activityH means activity that is undertaken at an organization's own
initiative and that is not directed or controlled by the Cuban Government.
Independence does not require that a Cuban organization take any outward
position of criticism toward the Cuban Government. In the context of the
Cuban Government's restrictions on free expression and association, however,
an organization's willingness to articulate ideas that may not accord with
official government positions or communist party doctrine is certainly an
indicator of independence.
Minimizing Funds to the Government
Direct transfers of funds to the Cuban Government or its agencies to
conduct activities generally will not be licensed. Hotel expenses, the
purchase of essential project commodities in state stores, and customs duties
are examples of expenditures that would normally be permitted. Applications
should contain cost estimates for al financial transactions covered by the
license request, and should include the means by which funds will be
transferred to Cuba. Whether the proposed activity "provides a significant
accumulation of funds or financial benefitll to the government of Cuba will be
determined based on the merits and reasonable needs of the activity.
These guidelines were prepared under the direction of the Special Adviser to
the President and the Secretary of State for Cuba by the Support for the Cuban
People Interagency Working Group. The Working Group is chaired by the
Department of State and A.I.D. and includes representatives from the NSC, the
Department of Treasury and Commerce and USIA.
�
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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-1312
Title
A name given to the resource
Summary of guidelines for "Support for the Cuban People"
Creator
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Nuccio, Richard A.
Support for the Cuban People Interagency Working Group
Description
An account of the resource
Nuccio served as the Special Adviser to the President and Secretary of State for Cuba. 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 85
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Text
Documents
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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
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
-
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aadb726e0df30c94e9c153b0f27837aa
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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DI-1304
Title
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Summary of Cuban Assets Control Regulations; News Organizations; Travel Transactions; Intellectual Property (31 CFR Part 515)
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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Format
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Language
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English
Subject
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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.
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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/ea75bfc7497301a998155b6cf36af932.pdf?Expires=1712793600&Signature=k69jqWgl6du51jFGhsieL8URh62MgEhMCCwtyH59Bf3w6o2LDW9UbJWilOb6Dsc6LCUDIr8QNXIo5zj%7EUo084jyD-l%7Em09krm-rJa6a5GPWhtbxP6vlmnAeXsYbq54BuISVaQT5r7AnfT-AnhqACavOoID0tqXF6MLk2DcnYQZXvsuQdqlgcpfduae5MI0feLG5M9iFGswyjJd8ARLzANlZ%7EWigj0o7b1yDEnD6z9XurMbPG6DJk8szxsIbyxWMCNOc4QOfzDJg%7EG6%7EnOx9OTzvRRKzTsJGCy73PRnhW1lT5Ei0NZqJ%7EGG3fDAPfhomXBULBDC2npERVpctQs6y1IQ__&Key-Pair-Id=K6UGZS9ZTDSZM
89339608be8a27987f48ebdf4cd0a458
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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�3
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
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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>
Document
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Dublin Core
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Identifier
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DI-1295
Title
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Statement of Administrative Policy on H.R. 927 Cuban Liberty and Democratic Solidarity Act
Date
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20 September 1995
Creator
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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.
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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-
�
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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-1291
Title
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Press release regarding Congressman John Joseph Moakley's statement on the 1996 Cuba trip
Date
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19 January 1996
Creator
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Moakley, John Joseph, 1927-2001
Description
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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.
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 99
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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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a438b1d033ef4663534f75cacd4853d1
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SRELEASE
From Congressman Joe Moakley. 9th District, Massachusetts
For Immediate Release
May 7, 1998
Contact:
David Carreiro
Steve LaRose
202-225-8273
Congressman Moakley testifies to the House Ways and Means Subcommittee on
Trade expressing his support of HR 1951, The Cuban Humanitarian Trade Act.
Congressman Joe Moakley (D-MA) testified today before the Subcommittee on Trade
of the House Ways and Means Committee. He expressed his concern over continuing
US policy regarding a 38 year old embargo on trade with Cuba and his support of HR
1951, the Cuban Humanitarian Trade Act. HR 1951 seeks to remove current
restrictions on the sale of food and medicine to Cuba.
In his remarks, Mr. Moakley spoke of the need for the United States to take advantage
of the new opportunities for discussions with the Cuban government created by the
recently concluded visit of Pope John Paul II.
Moakley said, "We must remember that children do not understand politics or
embargoes. But children do feel suffering --they do feel pain. I'll say again that the
Cuban people's suffering is not our fault, but I believe the US has a responsibility to
not make things worse."
Moakley also testified about his first hand experience observing the continuing
suffering of the Cuban people that is a direct result of embargo restrictions affecting
the availability of medicine and medical supplies in Cuba. He recounted his visit to a
Cuban hospital, just outside of Havana and the young boy he met there. Moakley
said, "I vividly recall one young boy that I will never forget. This particular little boy
had a heart disorder that is widely treated using the insertion of a plastic shunt. But,
because this simple device is made in the United States, and thus unavailable in
Cuba, this helpless child was forced to spend 86 days in intensive care -- and nearly
died." Moakley continued, "the Pope's visit has created an atmosphere of change in
Cuba, we need to move forward. I think it is time we lift the embargo on food and
medicine and allow the Cuban people access to the best medical and food supplies
the United States has to offer."
The hearing by the Subcommittee on Trade was called for by Rep. Moakley, Rep.
Richard Neal (D-MA) and Mr. Charles Rangel (D-NY) upon their return to the United
States from Cuba and the papal visit. Mr. Moakley praised Mr. Philip Crane (R-IL) ,
Chairman of the subcommittee for holding this hearing.
Mr. Moakley's full statement is included in this release.
-30-
Joe Moakley, U.S. House of Representatives, Room 235, Cannon Office Building, Washington, D.C. 20515, 202-225-7300
~·
�The Honorable Joe Moakley
Statement on U.S. - Cuba Policy
Subcommittee on Trade of the House Ways and Means Committee
May 7, 1998
Chairman Crane, Congressman Matsui, members of the committee, thank you for allowing me to
testify before your subcommittee today regarding the United States' policy toward Cuba. I
commend you for holding this hearing to look into our Cuba policy, which, frankly, needs a
change.
Mr. Chairman, as you know, I visited Cuba this January during the historic visit of Pope John
Paul II. Despite the media's decision to turn their coverage to other matters, the Pope's visit has
done a great deal to teach the world about Cuba, highlight its problems, introduce us to its many
assets, and put a human face on this most mysterious and troubling nation.
Today, many concrete changes have already occurred due to the Pope's courageous efforts. Most
visibly, Cuban's are practicing religion more freely in their horpeland now, without fear of
oppression or crackdown.
During my visit, it was tremendously moving to stand in Revolutionary Square, at the Papal
Mass, and to see Catholics openly expressing their faith for the Pope and their God. Many of
them couldn't believe they were being allowed to act so openly. This event was a major step
forward for Cuba.
I think that it is very important to note that the openness has been allowed to continue. We
recently saw Catholics freely celebrating Easter Sunday in the main streets of Havana, and in the
small churches of the countryside. Beautiful religious processions wound through the Cuban
streets without question or comment from the government. It appears, at least for now, that
Castro's strong hand against religion has weakened.
And I am very glad that President Clinton has responded to the openness in Cuba with several
positive steps regarding the United States' policy. I applaud the Clinton administration for its
moves to allow direct flights for humanitarian aid, to allow family remittances and to work to
ease the licencing process for medicines. As I've said many times, we aren't responsible for the
suffering of the Cuban people -- Cuba is. But, we also should make it a policy to do what we
can to help those in need. Right now, our policy isn't doing that.
1
�The American Association for World Health's five-year study on the Cuban health care system
highlighted the desperate plight of the Cuban people. According to their expert medical opinion,
the embargo has "dramatically harmed the health and nutrition of large numbers of ordinary
Cuban citizens. " The report went on to identify malnutrition, poor water quality, lack of
medicines and equipment and the lack of medical information as the major causes of the Cuban
health care crisis.
The needs in Cuba are tremendous. New, breakthrough medicines that combat cancer and AIDS
are not available, doctors re-use disposable gloves until they break, pacemakers for heart patients
are virtually impossible to find, extreme shortages in kidney dialysis machines keep patients from
receiving treatments, and children's cancer wards go without nausea suppressants for children
receiving chemotherapy. The suffering goes on and on.
I believe the steps that President Clinton has taken will begin to lessen some of that suffering.
Now, we need to do more, because while the Administration's moves are positive, donations will
never be able to affect as many people as direct sales of food and medicines. Donations, while
very important, do not always include those items that are most needed. Only through the direct
sale of medicines can doctors obtain the exact items they need for proper care. That is why I am
a proud co-sponsor of H.R. 1951, the Cuban Humanitarian Trade Act, legislation that will
remove U.S. trade restrictions on the sale of food and medicine to Cuba.
I want to say a word about the suffering I just mentioned. While I was in Cuba recently, we
visited a pediatric hospital, just outside of downtown Havana. We walked along the wards, and
stopped in to visit with the sick children and their parents. This was real life -- there were no
politics here, no state symbols, no speeches. I listened carefully to the young mothers,
describing their children's unwarranted suffering and pain.
Many of the children that I visited that day had fairly common diseases and disorders that are
easily curable using modern techniques and medicines. In the United States we have the best
medicines, the best medical training, and the most innovative medical devices in the world. But
the sad truth is that most of these items are not available to these tiny Cuban children, due to the
embargo.
2
�I vividly recall one child that I will never forget. This particular little boy had a heart disorder
that is widely treated using the insertion of a plastic shunt. But, that simple device is made in
America, and therefore not available in Cuba. So this helpless child spent 86 days in intensive
care -- and nearly died. During that terrible ordeal, the little boy lost a lung, and will have
continued health problems for years to come. His young mother told me she didn't understand
why they couldn't get that piece of plastic. She looked to me for answers, Mr. Chairman -- I
had none.
I know opponents will say there is no embargo on medicine. They will say anything can be
obtained with a licence. But the fact is, that's just not happening. The process is extremely slow
and difficult, and most U.S. companies don't even try. Now, the facts are often disputed here,
but even the most generous estimates say that we have only issued 27 licenses for the commercial
sale of medicines over the last six years. For a country with the medical needs of Cuba, that's
not a lot of medicine.
There are many reasons why the licencing process doesn't work. For one, U.S. companies don't
want to go through the difficult steps and the paperwork. And many U.S. corporations don't
even know they can sell to Cuba through a licence.
Opponents will also say that Cuba can go to any other country in the world to buy medicines.
That is true, but the problem is that the United States is the leader in medicines, medical
supplies, medical techniques, and everything else that has the prefix med- before it. The fact is
that Cuba needs our innovative products and ideas, because, quite simply we're the best and
we've got the corner on the market.
Furthermore, we passed a law in 1992 that prevents subsidiaries abroad from doing business in
Cuba. As the economy has gotten more and more global, U.S. pharmaceutical and medical
supply companies have increased their share of ownership around the world. Today, U.S. owned
subsidiaries dominate the market abroad. So, when Cuba looks to other countries for medicines
they often run into more roadblocks.
Mr. Chairman, the Pope's visit has created an atmosphere of change in Cuba that hasn't been
seen since the revolution. And, I don't think things will go back to the ways of the past. It's
too hard to "put the genie back in the bottle", as they say. So we need to move forward. I
think it is time we lift the embargo on food and medicines and allow the Cuban people access to
the best medical and food supplies we have to offer.
3
�We need to engage Cuba so we can effect change now, and in the future when the political status
quo is gone. Our isolationism of the last 38 years has done nothing to change Cuba -- in fact I
believe it is one reason Castro has been able to stay in power for so long. Quite simply, our
embargo policy has given him an enemy to point to.
Now, we have a historic opportunity before us. We need to be part of Cuba's changing political
and social situation by engaging in a dialogue of thoughts and ideas. We need to be ready for
the day when Castro is gone. After Castro, there is a giant vacuum of leadership in Cuba. No
one really knows for sure who will fill that vacuum. Continuing our current policy leaves us
without any influence. We will have no say in the future political leadership of our neighboring
island. But, by engaging Cuba now, the United States will have a hand in the future, and can
work to bring democratic ideals to the Cuban people. Lifting restrictions on food and medicine
is a good way to begin that engagement.
So, again Mr. Chairman, I commend you and the Subcommittee for holding this hearing, and
allowing me to testify today. We must remember, Mr. Chairman, that children do not
understand politics or embargoes. But children do feel suffering -- they do feel pain. I'll say
again that the Cuban people's suffering is not our fault, but I think the United States has a
responsibility not to make things worse. We have that responsibility all over the globe. I've met
the Cuban people, sat down in their homes with them, and listened to their concerns -- I know
they deserve at least that much from us.
Mr. Chairman, our Cuba policy is 38 years old and it just hasn't worked. In fact, it's a complete
failure. If our policy was a fortune 500 company, it would have been bankrupt years ago. No
one in this room can honestly say we're hurting Castro -- he's certainly not starving. I believe
it's time for a change. I look forward to working with you and our colleagues in the Congress to
bring about change in Cuba, and to create a policy that finally makes a difference in Cuba where
it matters -- with the people.
Thank You.
-30-
4
�
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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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-1321
Title
A name given to the resource
Press release on Congressman John Joseph Moakley's testimony in support of H.R. 1951 before the Subcommittee on Trade of the House Ways and Means Commmittee
Date
A point or period of time associated with an event in the lifecycle of the resource
7 May 1998
Creator
An entity primarily responsible for making the resource
Moakley, John Joseph, 1927-2001
Description
An account of the resource
This is part of a series of documents related to the U.S. Economic and Trade Policy Toward Cuba.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 91
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Language
A language of the resource
English
Subject
The topic of the resource
United States--Congress
United States--Foreign Relations--Cuba
Cuba
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
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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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aba57f5c4c3402364f88069666f802d7
PDF Text
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
on Cuba
(202)
543-5177
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
on Cuba
(202)
543-5177
P.03
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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(202)
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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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(202)
543-517 7
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
on Cuba
{202)
543-5177
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
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-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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f266c71d99ab30f31add5d3da1a4acea
PDF Text
Text
05/05/98
18:01
CONG R NEAL
MA
i4J 002/006
PHlt.lP M. CRAN!;, ILLINOIS, Cl-lAIAMAN
BILL ARCHER, TeXAS, CHAIRMAN
$\JSC:OMr.t\'TT'EE CIN TRA.0£
COMMriTt' ON WA.VS ANO M[A.NS
B1U. T110h1AS, CAUFO"NtA
E. CLAY SKAW, Jll, Fl.OfUPA
AMO HOUOl'lTON, NEW YO~(
COMMITIEE ON WAYS AND MEANS
CAVE CA.t,\f', ),,11CHIGAN
Jf"11tAMSTAO, M!Nt.ltSOTA
JENNJFf;jl; C>UNN, WASMJNGTON
WA.1,1.V H£RGEP,, CALIFORNIA
.11"'1 NUSSLf. l(N/A
U.S. HOUSE OF REPRESENTATIVES
WASHINGTON, DC 20615
ROBERT t. MATSUI, c.AL!FORN1A.
A.I.- SINGLETON, CKU~F OF STAFf
THEVM J. ASKEY, :SUBCOMMITTEE STA,f.F PlFl€CTOJl
JAtue, t,IAVS:, MINOr:lTY C,tJEF COUNSEL
5. SRUC[ W1\.$0N, $1JBCOM"1!Tlff MJNO/\i'TY
CkAALE9 8. R.-.NG£l NEW YORK
IW;,u.RD E, NEAL /rllASSACHUS~
JIM M~PllRMOTT, WASl'IINOTON
SUBCOMMITTEE ON TRADE
MICHi.SL II, MCNULTY, NE'II' VOil(
W\\.UAM J. Jl'-.,fff!SON, LO\JlStANA.
£'1:0,t,CIOl
IIILLAACM[R. ~
May 4, 1998
Memorandum
TO:
Members of the Subcommittee on Trade
FROM:
Subcommittee Staff
RE:
May 7ili hearing on U.S. Economic and Trade Policy Toward Cuba
On Thursday, May 7, the Subcommittee on Trade will hold a hearing on U.S.
economic and trade policy toward Cuba. The hearing will take place in l l 00 Longworth
House Office Building and will begin at 1:00 p.m.
Background
Since the early l 960's, U.S. policy toward Cuba has consisted largely of
attempting to isolate the island nation through a comprehensive economic and trade
embargo. The authority for these sanctions was included in section 620(a) of the Foreign
Assistance Act of 1961 (P.L. 87-195). In 1992, the sanctions were strengthened with the
enactment into Jaw of the Cuban Democracy Act (P.L. 102-484). In particular, the Act
extends the prohibitions on transactions with Cuba to subsidiaries of U.S. firms in third
countries. At the same time, the Cuban Democracy Act directs the President to take steps
to end the trade embargo and to assist a freely and democratically elected Cuban
government, should one come 1to power. Another component of U.S. policy under the Act
consists of support measures for the Cuban people, including U.S. pirvate humanitarian
donations, U.S. Government support for democracy-building efforts, and U.S.-sponsored
radio and television broadcasting to Cuba (Radio and TV Marti).
In 1996, the Cuban Liberty and Democratic Solidarity Act (P.L. 104-114), often
referred to as the "Helms-Burton" legislation, was enacted to further strengthen U.S.
sanctions against Cuba. Among other things, Helms-Burton codified all Cuban embargo
�05/05/98
18:01
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lilJ 003/006
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
18:02
CONG R NEAL MA
14) 004/006
Page -3for the commercial sale of medicines and medical supplies and equipment to Cuba, and
(4) a decision to work on a bipartisan basis with Congress on the transfer of food to the
Cuban people.
Legislation in the 1Q';th Congress
In the 105th Congress, a number of bills have been introduced which would alter
U.S. economic and trade policy toward Cuba. Specifically, H.R. 284 was introduced by
Mr. Serrano on January 7, 1997, and was referred to the Committee on International
Relations, to repeal the Cuban Democracy Act of 1992 and the Helms-Burton legislation.
On June 18, 1997, H.R. 1951 was introduced by Mr. Torres, :tvlr. Rangel, Mr. McDermott
et alia to make an exception to the U.S. embargo on Cuba for food and medical exports.
The Committee on Ways and Means has received a sequential referral ofH.R. 1951 due
to the provisions of the bill which would amend the Internal Revenue Code of 1986 to
clarify that the denial of foreign tax credit in section 901 of the Code shall not apply to
Cuba with respect to income attributable to articles permitted to be exported to Cuba.
In addition, Mr. Nadler introduced H.R. 2904 on November 7, 1997, to make an
exception to the U.S. embargo on trade with Cuba for the export of medicines or medical.
supplies, instruments, or equipment. This bill has been referred to the Committee on
International Relations. On February 5, 1998, Mr. Rangel introduced H.R. 3173, the Free
Trade with Cuba Act, to lift the trade embargo on Cuba. This legislation has been
referred to the Committee on International Relations with sequential referrals to the
Committees on Ways and Means, Commerce, and Government Reform and Oversight.
In the Senate, Senator Dodd et alia introduced the Cuban Women and Children
Humanitarian Relief Act, S. 1391, on November 6, 1997, to authorize the President to
permit the sale of food, medicine, and medical equipment to the Cuban people. This
legislation has been referred to the Senate Committee on Banking, Housing, and Urban
Affairs. Another initiative, endorsed by Senator Helms, but not yet introduced as
legislation, reportedly would focus on expanding humanitarian aid to the Cuban people
by channeling such assistance through the Cuban Catholic Church.
Attachments
I. Tentative Witness List
2. CRS Issue Brief entitled "Cuba: Issues for Congress"
3. CRS Report entitled "Cuba: Initiatives to Ease Restrictions
on U.S. Food and Medical Exports"
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Document
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
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DI-1320
Title
A name given to the resource
Memo about hearing on U.S. Economic and Trade Policy Toward Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
4 May 1998
Creator
An entity primarily responsible for making the resource
United States. Congress. House. Committee on Ways and Means.
Description
An account of the resource
This is part of a series of documents related to the U.S. Economic and Trade Policy Toward Cuba.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 91
Type
The nature or genre of the resource
Text
Documents
Format
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PDF
Language
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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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
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DI-1303
Title
A name given to the resource
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
The nature or genre of the resource
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
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/197f23e0e2d632bb55c7f9bc6d3fb52e.pdf?Expires=1712793600&Signature=Oz2N-lnlKuBr57m0we5U5iLA%7Ex1LwkvAGOZIN-iHxBXysM7SQ%7EFMCO%7EvyiiQWWDCNn3cg5xh1SotEpCiVRdJgyoDbl%7EIkTWHxR5BjpjJbFWUbnjri3cIw5DDjJEpqen3pl1ydc0UXcLCTggjxfAkoh3tCjuYU%7E-7-27D7pZ3tNe6j4jVWedE1D8RAckYKRKwLd2Pg%7EPb0BrUm4MmxTt3c-eAuwtF2x87tJ1CUbUkto13UwXQ5uTWy4QbOJpJAHRAOrKvgOKH8LtTjy46tQR1kgMDshRGowqKbRo1hwLklqSLsylv2czOWntxQ5AnZpTzGoXqQksFyQux-TcY5XVg2Q__&Key-Pair-Id=K6UGZS9ZTDSZM
5f54c73b8088279f410954bcd0b57fb9
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
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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Identifier
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DI-1302
Title
A name given to the resource
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
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/a5c4177372ffb2a5243d740ac1c4336b.pdf?Expires=1712793600&Signature=XrqMmLCSp-Zue50zRoJgZwVcNrzZpWtFQH9yaa14%7EO9pu-6FptcPpheZRlvC%7E2t6ntrbpvPsxwvG7dtkZnFdO%7Er1Heoqhi99G5YQ1tZp8e39U09IVM%7EWFkCj8x7hIxcW2Yqvl91foXrkA1WKhkY751FEGGII%7Ek26Ra7-K-Q8B%7E-TPrGI5ySjNtDtDEJjQvVE3F-vVHVpiR75KGe6lFhUHGEalYju3-y3iR3ERAV3VrVV-SvBtW65e65%7Ey%7EQDXtSbfirEleZ1A4Z6RHrSFCg8rBUIW34CAmWr77EBHg05IUp77CccMobNvvKgBIdIsaH8WVKZwOjPsMigD0K-orwnjQ__&Key-Pair-Id=K6UGZS9ZTDSZM
cfa081d953e663cbd83a6a00678ae532
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
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-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
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.
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/153bd5168f861b6d1d77d7f12d4adaaf.pdf?Expires=1712793600&Signature=PXlFg80CVO1wLsezsr7wS8mcwYjHqpw-bWnWRywMWV3SbiOQ5C6oHI9I3yHgwdStLHGEx4X3JQ4HBAdAyp9YSsd2UZYEsyHz4gzqqcV0I7ObsxemBRChrwTh8X3zpdEMzJ2infdHwtTXO%7EGrz-YSuxhSW7qQI5i8QVplrHlXVmMIO%7E1IUMWb4sCeAkU8QWu%7EUA9ru3qFe20I3-Y80Ky5ohGRAn1%7EtFAI58Yn1rFAmF6GSK8c22guQ6DRXodIXHVdMh9NEGOyUR2hSO1DbTjMsbHeSeX-a4322WgWrkWIt527nRgOkj8kNVpvOKRlWWlTKybynYa-r-CIqTJ%7EI9eCsQ__&Key-Pair-Id=K6UGZS9ZTDSZM
cbf5fb8559222dc1ba1164938b9583e1
PDF Text
Text
National<:ouncil of the Churches of Christ in the USA
i/~
URGENT ATTENTION: FOREIGN POLICY AIDE
September 19, 1995
Office of the
General Secretary
Dear Representative:
I write on behalf of the National Council of Churches of Christ in the USA (NCC)
to urge your opposition to the Cuban Liberty and Democratic Solidarity bill,
H.R. 927, which is scheduled to be considered on the House floor this week.
We believe strongly that contrary to its stated objectives, the bill is likely to provoke
a negative response that will harm efforts to achieve peaceful social, economic, and
political change in Cuba.
The National Council of Churches and many of its member denominations have
maintained a decades-long relationship of pastoral accompaniment with the
Protestant churches of Cuba. Through Church World Service (CWS) -- our relief,
refugee, and development program -- the NCC has assisted for more than thirty
years in the resettlement in the U.S. of Cuban asylum seekers and _refugees. Over
the past four years CWS has carried out regular shipments of humanitarian
assistance that is administered through the Cuban Ecumenical Council for use in
nursing homes and childrens' hospitals.
On numerous occasions the NCC has called on the U.S. and Cuban governments to
engage in dialogue aimed at resolving the long-standing conflict between our
countries. In particular, we have urged measures that would foster greater
communication and understanding between people in the U.S. and Cuba, which we
view as key to achieving a more normal relationship.
Our deep concerns about the Cuban Liberty and Democratic Solida~ity Act include
the followinl!:
1.
Bv incorporatinl! in U.S. policy reco2nition of property claims of Cubans
who became U.S. citizens subsequent to the expropriation of their property,
and by subjectin2 to sanctions anyone who "traffics" in such property, the
bill is likely to stren!!then hard-liners within the Cuban government and fuel
renewed anti-U. S. sentiment amonl! the Cuban population. This provision is
likely be interpreted within Cuba as a move to return to the economic and
social situation that existed there prior to the 1959 revolution. There is little
or no support for such a move within Cuba, even among the most vehement
critics of the current regime.
. ''
I
.'·.'
. "" -
�'
The bill specifies conditions for the expansion of U.S. assistance that are
likelv to undermine diplomatic efforts to achieve a peaceful resolution of the
conflict between the U.S. and Cuba. By linking broader U.S. assistance to
Cuba to a highly specific set of conditions, the bill reduces significantly the
diplomatic tools available to the Administration. At ·the same time, the bill
fails to broaden humanitarian or exchange programs that foster stronger
people-to-people relationships.
3.
The bill reinforces regulations promulgated in August 1994 that restrict travel
and shipment of goods to family members. These new restrictions have led
to serious delays in efforts to secure licenses for travel to Cuba. The ability
to travel to Cuba on short notice is particularly important to the pastoral
accompaniment of the Protestant churches during this difficult period of
transition. [Oscar: other problems resulting from the new regulations?]
The NCC believes that a new approach to U.S. - Cuban relations is long overdue.
The Cuban Liberty and Democratic Solida.ry Act represents a further deepening of
an anachronistic policy in serious need of change. I strongly urge you to oppose
H.R. 927 and to support efforts to bring about more normal relations between
the U.S. and Cuba.
Sincerely,
1
I
([;
lnx
/5. ~
Joan Brown Campbell
General Secretary
National Council of Churches
of Christ in the U.S.A.
�
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-1315
Title
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Letter from the National Council of the Churches of Christ in the USA to members of Congress urging for their opposition to the Helms-Burton Bill (H.R. 927)
Date
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19 September 1995
Creator
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National Council of the Churches of Christ in the USA
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 85
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Text
Documents
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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
-
https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/8855fd30ea94f6efaaf2242a5800c0d3.pdf?Expires=1712793600&Signature=huZHv8hHrubsL-zdodCre%7E6qOeJeqflukphYPv2NsmTYW63%7EVwnxgtktz%7EDiIXWfaFYtR8lFS9YNGjKqa70h-EK51rViotUP8xGAU8P3fLKKQrPFP5%7E5rBJPyxMFg1EkwFhB7MtlKRaPnkWS2rVQKtzNWCLiSuO3riwM8SZYcnrBW6yd0cDJycOrDs6y9jK3fopt1%7EbOx0neRZajtmn4E2U7tdHZAxkE3P6yOCY19tp0ZHhEJ7qbFgje6DUMIKCrO8-0c%7EdJq4ZeGvaOQRjegC52DwTg7%7ELnJsPYSw0dHJoJnfhtHhbXhVgxr3kp9D0nvXd6t3WsMuY45kHw85wC0Q__&Key-Pair-Id=K6UGZS9ZTDSZM
8ce285645853b6bc141985c8083e0338
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Text
From: Emllv Thomas To: Edward Mark•v (D·MAl
Datt: 3/4/88 Time: 07:28:18
the i.nterrdigiou~ fowulation for ,ommw1itJ org,mization
-402
Wt'~l
!.+5th .,tr<"t'I,
ll<'W
;rorli. n;r 10031 212/?2G-5757 fox: 212/?2G-58.+2
Iknr Sonnlor/Ropru:iunlnlivo:
On January., 1 and February 17, 1Karly 400 donated medkal wmpulers tksti1Kd for
Cub;i wen.: :,ci:,u[ from our mo:,l recent I';i:,lor:- for l'c;icc c;m1v;m by the l.l S Trc;1:,ury
lkp:ITlmc.:nl. On !\,h W1-·dnc.:,d:1y, live.: of' LL~, c.:ilizc.:11, or lhc.: l.lS :md C:mmla,
wnseerated a "ra,t for lil"e" as a call for a more humane l.lS policy toward Cuba. We
pla11 lo c1111li11uc lite: l;1~l u111il Ilic: 400 111c:Llical c11111pulc1~ i!IC: 1dca~cd.
Cu ban c.lrnrd1es have requested these computers tor use as user remunals m the
INfO:tvfED mc:din,l i.tt1u11ua1iu1111c:lwu1k. INfO:tvfED, ~pumu1c:d by lhc: Pa11 Amc:1i1.:c111
Ifoalth Organizatiou and th., Un.ited Nationr; fund for D.,v.,lopmc,nt, will improve, th.,
quality of p;iti.,nt ,~;ir., in Cnh;in family dini,~s ;ind hospitals This lifo-e,ivine. nc'\twork
will help cloctors locate essemial medications, learn new treatment Teclm..iques, ancl
n:,,,L~f\·,, conmltt1tio11 from medkol ~pccioli.,t.,. The~L~ eomp11t,,r., ore ckarly lmmmi.itorion
aid for a stric.tly lmma1i.itaria11 use. Cnbau dmrd1c.s, cc.umc1i.ical orgmi.izatiom, aucl
Christian cloctors have speci!ically requesrecl them. As Cuban Rev. Clara R.oc16s saicl.
"Om 11<1tio11\ c:mplw;i~ on health ,.arc: i~ wmc:tli.ing of valuc: to pc:opk of faith: fo~m
pread1<:>d th<:> \'.\7 ord, but I fo also h<:>al<:>d th., sick."
\Ve are writing lo urge '.\''OU lo lake lhe l'ollowlng acllon~:
1) do <WN')'thing in your power to stop the Ifolms/Dmton bill from
hemming law; and
2) mid )'UUr :sigm1t11rr tu thl' Dr.ir Culkagur ktkr a:skiug fur thl, rdrll:Sl'
ol'tlrn
,l()(l
nrndical computer,;: contacl ~ep,:. Dellum,: (aide Yini.; Lee) or
Woolsey (Thcoclorn c_;rny).
ViT., ar<:> h<:>r<:> 011 th<:> San Di<:>go/M.,xi,~o border to g.iw a pray<:>r:ful t<:>stit11011y ;ibout th.,
LIS blockade ot Cuba. a vengehll ancl brntal aspect ot our 11at1011's tore1g11 pollcy. ln
l',U!llHl$1 lu lhc: 1c:cc:11t c:~1.:<1lciliu11 uf c1g._l;lc:~$iu11 c1gc1iml C111Jc1 irt lhi~ pc1~1 wc:c:k, we: me:
,.011ti.11ui.t1g to b.,ar witn.,;;;; to th<:> 11<:><:>d for lnunau., aud peac,.,fol r;olutionr; to 011 outdat.,d
c.ontli,~t w., 111011rn the'\ loss oflifo in last Wc'\c'\kc'\nd's .,v,mts w., also s11ppo1t th., rie.ht
ot' sovereign natiom to selt' deteme, and we urge the US govenunem To stop c.ondoning
and obL~ttit1g th,, horrn:1.,111,.nt of Cuba. \Ve hope you will 3peok out in tli.i3 n.~gord.
we understand That the aunosphere 01'110stillty and hysteria tallowing. The evems ot'
fc:bn1c11y 24 makc: thc: ,,ontc::..t of om fo!;t morc: ,0111pli,<1tcd. Wc: would likc: to ~I1c1rc:
our vi<:>ws 011 th<:> .,v.,nts of 2/24:
1) A SINGLE vVELL-TIMED ACT OF PROVOCATION IIAS PUT TIIE
ISSUE OF CUBA RICIIT 13ACK INTO TIIE CENTER OF \:VASIIINCTON
POI .ITI( :A I, I) ~:KAT~:. In lh1s new conlcxl. the Hdms/Hurton b1ll 1s bemg rushed
to a vote in Con6rress. It is dear that the majority or the Senate considers the bill
uxcu:i:iivo, ununroruonhlc. mul ,m nffronl lo hoth thu l.lS bu:iino:i:i community ,md our
in1,:m11linn,1I lr:uline; p:ffln,:rs \V,: !,::ff lhal Crn1L1Tcss will lik,:ly pHs, llv: hill :myw;iy
given the current dimale in Washington. The newly-strengthened version or the bill
will m,1kc the US blockade oi' Cub;1 even h,mkr lo lill. \Vt; prny that the bill "ill b<.;
dc.:lc:alc.:d, and w<.: urge.: all pos,ihl<.: work lo this c.:nd.
Page 2 of 4
�From: Emllv Thomas To: Edward Mark•v ID-MA)
Date: 3/4/88 Time: 07:27:04
2)
WE DO NOT CONSIDER I3ROTIIERS TO TIIE RESCUE A
"llUMANl'l'AlUAN" Ul{<_;ANlZA'l'lUN. lt was tounclecl m the ott1ce ot the
uuluriuw; Cubm1 Arnc:1il'.,m Na1ium1l :ruumlaliuu. ll i:-; di..ic:c.lc:d by au "c:.\"-CIA agc:ul
who \V,'.1;; .involved in the D,'.ly of Pig;; i.i1vM;ion ,'.lnd the c.ontrn W,'.lr iii Nic,,'.lrng1w. Along
with R;idio Nfarti prop;ie,;indil. it. h<Alp.,d t.o st.imn];it., thf. f.Xodns of t.homm1ds of rnftf.rs
who risked (and ofren lost) their lives to leave Cuba.
nm FLYOVER ON FEBRUARY 24 \VAS JUST ONE IN A SERIES OF
1700 VIOLATIONS OJ:r CUDAN TERRITORY DY BROTHERS TO nm
RESCUE. Th~~ll' tlight::s lurvc bcc.n pmt of a tradition ofho::stilc pcnc,trntion of Cuban
tenitruy by Horida mercenaries that goes back :n years. In 1071, a Cessna tl.ew over
3)
I11vana scattering grenades that kill.eel eight people. Cessnas ti'om Miami have sprayed
phosphorns on sug,1r fields; bombed sugc1r ,.,,ne mills c1nd tourbt hoteb; dropped off
weapons, explo~.ives, and infiltrators on Cuban territory; ~.cattl"red lea±l.etl! urging peopl<='
to nse up agamst thetr gownunent buzzed parks and res1clenttal neighborhoods to
i111i.t1J.illc1lc \.'.u1mnu11 ,:ilizc,11:-;. All lhc::-;c, allac.k:-; wc:1c: ,.auic:d uul by mc:1c.c:m11y Cc::-;:-;m1:-;,
not by militmy plunt1r;. Evt1ry ,'.lttuc,k on Cubu r;i..t1c,e the Duy of Pig;; J.w;; bet1n mude by
so-1·,;il].,c] '\·.ivili;in" v<A11i1~].,s
Cuhn hn:i :iuhmill<.:d re,i,orlc< on 25 c;p<.:<.:ili<.: in<.:ur:iion:i from Floridn into Cub,m l<.:ml<H)'
in th,: lasl 7() months Th,:s,: h:1,11'. hccn n'.pnrl<'.d 1hrn11eh :111 :1pprnpri:11r'. diplom:11i,'.
<.:hannds . to both th<.: l.lS gov<.:rnm<.:nl and th<.: lnl<.:malional Ch•il 1\<.:ronauli<.:, 1\g<.:11<.:Y.
Th<.: l.lS gowmm<.:nl h;1~ h<.:<.:n wdl aw;1rc.; th;1l plan<.:~ from I .'lorid;1 have; b<.:<.:n ,,iolating
l.lS :n,i:1tion n.:gulatiom and inl<.:malional law,. 1-lul nothing ha, been done lo ,lop or
sanction th<.: ,,iolalors. l >ur govmm1<..11t has a r<.:SJ)Onsihility not lo harbor t<.:rrorisls. Hul
H111lli..:1~ [11 Iii..: R.c:~c:uc: i~ ~1ill lic:i11g all11wc:d l1111pc:1alc: ltrn11 ti,..: l.lS -- c:vc:11 ll111ugl1 it
hm: r<.:p<.:aledly brolwn national and inl<.:nrnlional lawi: :md r<.:gulaliom:.
l.lp until now, Cuba has r<.:a<.:t<.:d Lo th<.:s<.: rqKal<.:d ,,iolation, with r<.:straint. Th<.:
in<.:uraion:i h11v<.: <.:onlinu<.:d 11ml in<.:r<.:11:i<.:d. Cub11 might wdl h11v<.: 11:i:mm<.:d th11l th<.: l.lS
\V:IS lol,~:iline :mcl :1hi'.lline ;n, <'.S<::tl:tlion of' l<'.TTonsm, .sin<'.<'. nolhine \VH~ hr'.inu done lo
stop it.
The 1-lrnther, lo the Rescue pilot, chose lo ignore repealed waming, -- nol only lh:tl
th(.'Y w<.:r<.: in Cuban airspa<.:<.:. hut that th<.:y w<.:r<.: llying ov<.:r a r<.:strid<.:d military 1.011<.:.
(l'ulilic: 1..:c:111,L~ ~l111w tlial a 111ilila1_y ai1prnl a11,l a 11;1val Im~..: a1c: i11 tl1c: a1c:a. How 11m11_y
tim<.:i: would 11 f'or<.:ign and hm:lik C<.:i:i:na b<.: allow<.:d lo lly ov<.:r a l.lS military bm:<.:'!)
4) HLAMINC THE VICTIM. i\<.:<.:ording lo in1<.:n111lion11l l11w, ,my nnlion who:i<.:
11:rnlory is \Jiol:11<'.cl h:1s lh<'. riehl lo sdf'.. clcfcnsc -- in lh<'. s:nnc w:ty lh:11 :111 incli,,id1111l has
th<.: right Lo say no Lo a mobt<.:r. W<.: :ir<.: not un<.:onditionally ddc:nding <:uba', :telions
on 2/24, and we; t!<.:<.:pl:y r<.:b'T<.:l th<.: lo~~ of' liv<.:~. Dul we; l'i.:d ~lrongly that if' llrnlh<.:n lo
the Rc,r.:uc had nol ,,iolated inl<.:malional law on 2/24, pilot,' live,: would nol have bec:n
lo,!. Ir llKT<.: W(.T<.: no l.l S <.:<.:onomi<.: blo<.:kad<.: or l .:uba. lh<.:n th<.:r<.: would b<.: no prd<.:xt
for pravo,,,1tions like the~ one on 2/24 to hc1ve lwppencd.
Tile US 1s not at war with Cuba. US c1t1zens are not well served by lettmg our tore1g11
policy be: dic.lcllc:d by the: :-;pc:c.i,11 ullc:1c::-;h uf a ~uwll munbc:1 uf ~dl~i..illc:1c::-;lc:d
provoc.utt1\m; i..t1 :tvlium.i.
Page 3 ol 4
�From: Emily Thomas To: Edward Markey (0-MAl
Oat,: 3/4/88 Time: 07:27:61
Pao• 4 ol 4
!vfatth<:>w 17:21 says th.at th,m; ar<:> som<:> k.i.tt<k of .,vi} that only com<:> out by pray<:>r and
tastmg.
,ve me tkeply curn;ciuu~ of the ~ulfo1i.ug \\'hid1 ha~ been i11lfo.:1Nl 011 11 utilliuu Cub,111
n,:,ighborn by om gov.,nun,:,nt'r; lll<"QU;;p.i.t·it.,d ,:,mbQrgo. W., Qr<" for;t.i.ttg todQy on th.,.i.t·
hcolrnlf Cone.rcoe,t1tions mid (',()fllllllllliticos tlt'Olllld Olli' (',()lJlltry tll'to hcoe,innine to join 11s
in vi?,lls ot' prnver, retlecrion, and t'asring.
Wc ore. prny.i.ttg for rcown .i.tt ,vo.3h.i.ttgton; we, ore. o:iking om ko,kn not to be,
i:01t~1m1r.cl by thi~ n<:>w wave of vengeance. \;\I e are pleacl.i.ttg with our nation to haw a
hean: we are praying for redemption ot' om nation's soul. We are asking for an encl To
th..i~ poli,,y of death-.i.t1-the-n,1me-ot~demo,,rn,,y.
We urge you to cleteat llelms/lJlllton. ancl to ask Treasmy to release the mecl1cal
computer~ for Cuba.
Si111~cordy
Rev. Ludus ,valker, Jr
I70R lVIORE INI70RlVIATION,
CONTACT:
F.x,:f'.11li\/,: l)ircdor, IH'.O
(619) 41 l'i-.',069 (pager)
1
F.llrn Rcrn.,l,:in
IH '.( )·
�
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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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DI-1308
Title
A name given to the resource
Letter from the Interreligious Foundation for Community organization to members of the Congress opposing the Helms-Burton Cuban embargo bill and asking for the release of computers donated to Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
4 March 1996
Creator
An entity primarily responsible for making the resource
Interreligious Foundation for Community Organizations
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
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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
-
https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/d1f17acc6dff8a2260145dd34d7e832e.pdf?Expires=1712793600&Signature=IABjHGNlbFMHflIq7kjWP6mSDWO8yNpEFV6U-yBL1LDUbyM2LPtM526r9aehDQ1K-aHQq6v0fWzXJV27I3ckN8OHsnSTU0Ndx8IJUf3g1VNuvxphiX2ZNrhXfR2MlYHme33iOf5Dt7hlOgsjtxqF0F8GNqnXIGiCbFRyhopWqxkeS74v8oSd6Ga2Zwj3qtelWwlN1oOymq32ftP7kgyOhwoE2doq71RNPNQ1M9vJ9KPr5aEHlAvtDEqab64S6YuVoaP--YqVtwLwS1vDonsgf-qCBTLdr639ToAnnUe%7E3%7Ejr8mfPKylNm7wvQcKrjuAv6CLGkrN2BprANs2gawTUZA__&Key-Pair-Id=K6UGZS9ZTDSZM
1d384990421568d0a032e3dbb73e97e8
PDF Text
Text
THE SECRETARY OF STATE
WASHINGTON
September 20, 1995
Dear Mr. Speaker:
I am deeply concerned about H.R. 927, the Cuban Liberty and
Democratic Solidarity AcJ:.., which the House is scheduled to
consider this week.
The·Department of State believes that in
its current form this legislation would damage prospects for a
peaceful transition in Cuba and jeopardize a number of key U.S.
interests around the world.
For these reasons, I would
recommend that the President veto the bill if passed by the
Congress in its current form.
As you know, we share with the sponsors of the bill the
goal of promoting a peaceful transition to democracy in Cuba.
We have pursued that goal by maintaining a tough, comprehensi~e
economic embargo against the Cuban government while reaching
out to the Cuban people through licensing private humanitarian
aid and improved telecommunications.
This policy, guided bi'
the Cuban Democracy Act, has helped to force the limited but
positive economic changes that are taking place in Cuba.
We believe that H.R. 927 would actually damage prospects
for a peaceful transition.
We have consistently objected to
the overl:i rigid list of more than a dozen "requirements" for
determining when a transition or a democratic government is in
power.
These infle:{ible standards for responding to what may
be a rapidly evolving situation could leave the United States
on the sidelines during a transition. Moreover, by failing to
provide clear authority to assist even a transition or
democratic government that meets the bill's certification
requirements, the legislation fails to signal to the Cuban
people that the United States is prepared to assist them once
the inevitable transition to democracy in Cuba begins.
In addition to damaging prospects for a rapid, peaceful
transition to democracy, H.R. 927 would jeopardize other key
U.S. interests arou,nd the globe.
For e:-cample, it would
interfere with U.S. assistance to Russia and other nations of
the former Soviet Union.
Other provisions would condition
assistance to any country if it -- or even a private entity in.
its territory -- participates in the completion of a nuclear
power plant in Cuba.
This kind of rigid conditioning of
The Honorable
Newt Gingrich, Speaker,
House of Representatives.
�assistance can have far-reaching consequences and may interfere
with our ability to advance the natio~al ~ncerest.
While we are firmly committed to seeking the resolution of
U.S. property claims by a future Cuban government, the right
created by the bill to sue in U.S. courts persons who buy or
invest in expropriated U.S. properties in Cuba ("traffickers")
is a misguided attempt to address this problem.
Encumbering
property in Cuba with litigation in U.S. court~ is likely to
impede our own efforts to negotiate a successful resolution of
U.S.-citizen claims against Cuba and could hamper economic
reform efforts by a transitional gover~ment in Cuba.
U.S.
citizens and corporations with certified claims have publicli'
opposed these provisions.
In addition, these provisions would
create tensions in our relations with our allies who do not
agree with the premises underlying such a cause of action.
This stance would be hard to defend under international law.
Furthermore, we know that this provision is already being used
by the Castro regime to play on the fears of ordinary citizens
that their homes and work places would be seized by
Cuban-Americans if the regime were to fall.
Title III will also ultimately prove harmful to U.S.
business.
First, it sets a precedent that, if followed by
other countries, would increase litigation risks for U.S.
companies abroad.
Second, it will create a barrier to
participation by U.S. businesses in the Cuban market once the
transition to democracy begins.
Because the lawsuits
contemplated by the bill may be brought against the United
States as well as foreign companies and are not terminat8d
until the rigid requirements for a democratic Cuban government
are satisfied, the bill erects an enormous legal hurdle to
participation by U.S. businesses in the rebuilding ~fa free
and independent Cuba.
Finally, the provisions of the bill that would deny visas
to "traffickers" in expropriated property, which are global in
scope and not limited to Cuba, will create enormous frictions
with our allies and be both burdensome and difficult to
administer.
In sum, the Department of State believes that while the
goals of H.R. 927 are laudable, its s~ecific provisions are
objectionable and in some cases contrary to broader U.S.
interests, even to the goal of establishing democracy and a
free market in that country with active U.S. involvement.
Given these considerations, the Department cf State can not
support the bill and, if it were presented to the President,
would urge a veto.
Sincerely,
Warren Christopher
�
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-1300
Title
A name given to the resource
Letter from Secretary of State Warren Christopher to House Speaker Newt Gingrich expressing opposition to Helms-Burton bill (H.R. 927)
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
Christopher, Warren, 1925-2011
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
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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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United States--Congress
United States--Foreign Relations--Cuba
Cuba
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Cuba
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db731c3370d1db1c1143010c429601cf
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Text
·-·
.
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IUITli: 205
September 20, I 99S
SC11ntor W. Cohen
United States Senate.:
Washington, I) r.. 2051S
Re: "Th<' Cuha Liberty 1111d Dtmo('1'1III<' SoliJuily J\C'f'
Dear Sen:11or·
My dicnt Amstar, along with lhouso..nd~ of otl\Cf ll S c:iti;cn hoh.h:1 s 01· dai,m
ccrlilied against Cuba in the J960's by the Foreign Claim~ Scltkmcnt C-Ommi:.sion, ,viii
suffer devaMating economic injury if T1tlt- 111 of Scnulo1 I lclm' i; bill (forr11('rly S :;is I) is
p?.s~e<l 11~ w1 nmendme:nt 10 th~ l'orcign O~ntions Appropria1ioM !!ill. 11 i~ foi this
n::a~un 1h01 J am writing.
It is absolutely fal~c th11t Title JIJ hAs been revised in w11ys lhnl m:ilce it 110 tense,,
violative of both intemationul lnw and the right& anrl inlcrc~t:1 of U.S. ci1izens holdine,
claims cerrifie~ against Cubn pursu~nt to the J964 Cuhll Claims /\ct. As you know, ·1 itlt11 I ?.!lows h1w~uilS 10 be brought in the foder.tl cou1 l.li aiainst Cub:i 11nd privinc indivi<lo.1is
c.iLhcr living in or doing busint.it.>: in lllllt coullll)' with respect 10 rropcnic.~ taken Ii urn
1heir owners for the mml µw LLhirty-five years l\go. J>amllgc.'< 1ll'c rcc.;uvcll\l.,lc itgainst Cuba
and other:< fu1 L1cble the current valut- ofTho:1c p10~, tics. Contrary to intcrnAtional l"w.
it milkes 110 di.tforence unrler Title Ill whc:ll1er ~ litig11nt was ii U S citi1.1.,i 111 lite ti111c the
property in Cuba \Vc\.S taken. lnd.::ed Title Ill is specitic.\lly designed tu ll,iv1: subsequemly
naruralizod Cuban Amcric1111$ s1.ntulOl)' lawsuit righrs ag11ins1 Cuba o!' 11 type th.it we as .t
nation h.av~. never hcforc given anyone else - even tho.~c who wc1 c U.S. citi1.en~ at lhl'
time of their foreign propetty losses.
Title Ill ofScriator Helm'i; 11mcntl111ci1\ will produce !he followins con~cqucnct::. if
en11c.ted in iU pre,:enl form:
* Our federal courts will be deluged in CUbll-1clntcd litigation. On August 2S,
199S the Nal/()(IU/ Low J()Unml (attached) rcponed rlw :rno.ooo - 430,000 lawsuits are to
be expected from Cuban A.n'l«icans if Title m ii, cnaclcd. According to judicial Impact
anal~tli i1t the Administrative Offic.c of the US. Courts c11ch of these suits will average
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$4,500 m costs, whether they i:io to trial or nol. 1'hctcforc tlte .1dmmis11 ttriv<" com tu th<'
court:1 lllono of Title HT will reach nrarly S2 billion
* lf we. enact Title Ill tho~c ~,'Jl I cl.iinwnt.~ ~rtific::d under rhc l%'1 C:ul:>1111
Claims Act will see their prospects of rcc.oved11K e<1mpensalil)11 from .1n imp<>V<'Jrshcd
Cuba dilutw to vinually nothing in 11 seu of Cuban American ,faims (To put rhi:. m.\ll('r
i11to Cllnlext, the Dep.1nme111 of Slate has ~1irrn1red Cubnu Amencan IJl<>J'ICfl)' claim.~ 111
nearly $95 billion). 1t is critical that it be understood that a clllim ,.crtified hy the Foreign
Claims Settlement Commission cousticutes ~ pruperry interest I lf Congi1:s..~ cn:1c1s Tirh~
l1l wit.It the foreseeable cft"oct of uc:-:troying the v11lue of the S6 billion (accordmg to S11M
DepAtUncnT liglires) in claims helcJ hy America11 ci1i1.cns. it ~hn111c1 expect to inde11111ifx
chose citi:tcn5 somedtly, under the 1:;nh /\rncndmcnt's .. takin~ clause", 10 the full anlOlJIII
of 1hoir economic injury. If Title lU i~ made l.iw, the AmeiiC11n taicp~yc, will quite'.
p,ohably somlXltty dt:m11nd 11.11 c.:.xpl,1nation tts to how 011 e11rth he or shc h11~ b<·l'll fv,c<Xi 10
step iuw The shoes of tho Cuvttn ~ovcrn111c11t and com~n.<>are U.S. companie$ 1111d
individuals for their property losses in C.uhil over tltli Ly-five ye:11 s 11go
* If wc violAte intcrnatioo11l l.:iw llncl long-s1a11cJine U.S. 11<.lherenoe 10 thllf l.1w by
en.1cting Title 111 and conferring rct1 ou.tive righl.:1 upon ll1J1t· lJ. S. n.,1io11als :11 1ime vf
foreign properly losses, history ttlls us lluit we will 11CJI ht:. pcrmhtcu 10 stop with <.'uban
A.meticun~ The equ1tl protcc1io11 provi$ions o{ the Constiluticlll will 11ot rol<'J'lltc li111it1nt
the conferral of 511ch lltl impnrtAnt benefit .\S a fed1.ial richt of action on only one of ou1
m:iny 1111tion<1I· origin groups \ltbo~u members hitve suflercu p11~t foreign propl•rty lussc~ If,
u will su,cly happen, 11 former South Victname:ic .1rmy offic<.:r who is now ll Lt.S. cilizP.n
~ies in order to gain the s.1me right actorded Cuban Amci icans to rccovt".r da1n~~cs for
property c-.<propriations he suttetd. who. if Tille lll is crn1r.ted, is pr~pared tu 11,1y he
should uot have such n right? 011 wltnt principled basis would such ~ right be de11iccl him if
given by Congress lo Cuban Amcrir.ans'! Wluu about Chinese I\J11crir--'n$, Hungarian
Ameri~ns. Iranian Americans, G,c<:J.: An1eric1rn~.. Paleslini.1n AtnCJ iciln~. Rus.~i:in
Amcri~ns. Polish AmeriCllll~? Are we ~oing to clciu1 :nirprise when tile court1, ttJI us tl111t
the equiu protection of laws r~uiremcnt of the C<>nslitution ma.ndntt..1' thAt e.1ch of these
national-origin sroups tt..-ceivo the :111me rig.ht vf action 4gain~t th~ir fo1111cr governmcng
that we aro propo~ns to give CubAn /\mcri<=-'n:i by virtue of Title ll P How many such
suits might wo then expcGt from these olhcr ~tion:il-origin group:<., and ~t what cosl to
hoth the 1111tional treo.sury and our relations with tho mru1y countries thar will cud up being
sued in our federal courts? lt rou11t also be kc...-pt in mind that U.S. comp.,nies ll111r have
, invc.~ed in vwiaus coualri~ .where our naturaliic.xi citizc1lll h~vc rroµ1.:ny d4illl) (e ~.
1
~ Shanghai Pf'14'C'' Cg.
V.
{/11ifr:d Sl~lt.f, 4 ('(. (..'!.
,~·,t. tkni•d 474 U.S. 909 (l9l1S).
23 7, ( 19:S:l) qffd. ""'"'· 1<,!, 2d SQ (fed.Cir. IQ!:4),
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Vietnam) will be held liable for ~o-callcd ·1ra!licki11~" i11 thus..: duirrn:J 111uµc1 u1:~ if 'Jilk
111 is enacted and c:<t1:1K.!cd w11::1tiluliu11ully lo other 11,Hional-orig111 !:,rOup~ ..
* The multitude of'lawsuits thllt will be iilcd pursu<'lnt 10 TIiie Ill will ov1"1 11ml'. hr.
conwrtcd to finlil judgmcms a~.unsl Cuba, AJ'ld a.s such will C<mstilutc d runnmg s,i1 ~·
prohlc.:rn for lhe Uniled States. Title 111 l:i.wsuits are explicitly made nondlsm1ssiblc. The
f~cl of hw1dreds of 1housai1ds of Cuban American judgment creditors against Cuba w1ll
m~c il impossible for us to normalize relations with c1 lhendly eove, n111tn1 111 1h;11
country. Aircraft and ships would be seiztd, Cuhan ai-.,;er~ in rhc ll.!'i. h11nking ~ymcm
would be AIIAC'.hM, SMcill produced in Cubu woulu be cxcculcd upoo wh1:11 lhcy u11 ivc i11
U.S. JXJlt:i - i .11 in putsoil of 1e.x>veJ'y of billions of dollars in fodcr:d coun awdrds. Thl·
population of Cub~ (the rru1jority of whom were nor even hom when rhe pr<lrenie~ of rhe
Cuban American judgment cr~ditms were tak1.-n) will bl.: imlcutuml Cur dccudcs lo cum..:
to the judbrments cnter\!J 1181iinsl thci1 counlt v 011 ou, fc&:1 nl coun dockets. I lo"' is such a
llll!.lc of affair:i cornlucivc lo a 1cconciliiuio11 \>et ween Cubans on lhe i~land :md 1he Cuh.in
conununily of1he United States?
The altemauvc lo the pcnn:incnt cslrnnsement 1'i1le Ill l.iwsuits will produc1'
between Cub~ and the United S1a1c.s would or couri:e he tC1r ;i lJ s rresid<--nt tC' ctismisr
the judbrmcnts c;nlcrcd li,l(liinsl Cuott. Notwi1hslll11di11~ tlK: 1JH.>hil>ilio11 ui,:ai11sl s11d1
executive branch action contained in Title lll, it is probable that 1hc courts will uhim,11dy
uphold the dismissals i\S a Jeeitim,m exercise ('If !hi'. prl'.~intnti;il prl'rog;itiVI' f<l ronrl11r1
foreign i1I'fairs.' What then?
The creation of a cause of action by Congrc-.ss ,s obviously not a trivial m:11tcr.
I Jundrcds of thousands of Cub.10 Anicricans will quite propt.rly ,wail lhemsclvcs ol lhc
right of 11ction to he given lh1.m hy 1'itlc ll 1 'I hcsc ca~c:; will rmcccrl incxnr.1hly T<l rini11
judgments. (There a.re rell!ly no defenses ov£tllablc lo Cuuo undc.- Tille lll. ll is u )hi..:l
liiibility stawtc). As tin11l tedcral court judsn,cnts the.y will c"ny the li\ith and credit of the
Unilod SLll.lc:i 8UVC111rn1.11t, with !ill the right~ liflU n.,nc.:dic~ c,f execution lict our in c111r
laws. Wha1 will be the consequence of lhe president e.,,.linguishing these juJ~11n.:11ls 1md
their ooncomiWlt rights of execution?
As~n. 11s in the case or ccnilled clainlc\nts, a t~.detal court judgnlatt is c1 prope11y
inlcrc,t prutcctc<l by the Constitution. Tfthat intcrc~ iA cxting11ii1hed hy prl"!~1rlf'.n1i"I 01·der.
the Fit\h Amendmem "la.kings clause'' with ils duly of Cull compc11.'ialiu11 will he triggem!
If Title III is enacted ii should be with full knowledge thn.t CQ11k1 c:i~ 11111y sumcd11y be
asked by the public tn explain how the Amr.rk~'\n peopl~ came ultim:irely to be li:ihle fo,
tcru ofblllions of dollars of d:im11ges in recompense lo n g,oup ur nun-U.S. Mtionals al
r. a'+
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4
the tune they lost propcrtil:j in Cul.,11 3 lu u vc:liod of heig.hte.il<ed concern for potcn111d
14uvCCTu11c111al liAbility under the 111kin~~ cfause of the Fifth Amendment, Title JIJ should b~·
~pproached wirh the gre.atesl Cllulio11 1111d )CC.:11 fo1 the li.1bili1y lime bomb th:it 1t is.
* A troubling a.~pcct of Tith; lll 1:i its co111euw1uous disregard of imernation.'.\I l.1w
As :,. nation we and our citizens benefit from inlC".truttional b,w iu a 111y1 ixd or li.11111s, sud1
as overse.\S inve~ment and intclkcluc1I p1opc.:rly µ1ulccliu11 1 1l1c snli:ly vf 0111 diplom:at\
lmll :,ove1 cisn1y over our marine resources. MMy other examples or thC' licnc:tit$ 10 th,~
United. States of 11n intern111ional mle of l11w enuld he given. How can v.-c in future:
rlemand compliance with in1crnutio11ul luw l,y 01her nations if we 11re prepMed to viol:itc
1hnt very lnw by enacting Tide lII? The proponents of lhis leci(lation h,wC" ne.v('.r
satisfacrorily answefed that fundamental question.
To conclude, ~ain proponents of Title ill from outside the. Stnaie. hxve engag1•d
in a campaign to minimize ils s.ignitkancc. lloile-0 down. ih~ir mC"~~ge i~ 1h:11 .1 vo1f. fnr
Title Ul is sn inconse.quential thing For example, they will i.ay that a litig11111 ~nnm m
will not sue C:11ha iti:.elf, hut rather .uiy 11cliu11~ 111c limited lu "1lii1d µu11y 1Jul1ickc1 s•· i11
cou.!i~ J)JO~li¢s. Let there he nu mistake OJI th.is point. Title Ill is an unprecedented
todc:ral co1111 c-.'-'inv: progrAm again~! the nation of Cuba. Section 302 of Title Ill is plain
und unrunl,i~uous in its 111~11i11g. ll is the inesc:ipable conseque11GeS of clult mcMing th.1t
the Senate must .1ddress.
Your!> .~incrrcly,
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' See, P:a'!'f!,' ~ M,)()'"f;_'!....&'J:!!!1. ~-upi•. ut ~1'; ""J'huush we W111:luuc tllllt the rresidcne ~s sculcd
pctition.c:r's claims again.~ Jran, ~ dn "nt \!If~ 1h111 the sct1le1nc111 !ms t.tnulu:al.Od p;tiliuticr 's possible
tak.ir~ dwn, u~lll't ugllituC the Uni~ St11c1." (Emphasis added). Juslia; Powell, amcuninJ'. in r~• •:,nt1
disse.nli~ In f\,'ln, h.1d th~ I<\~ -rhc Oovcrn1ne1" 11UJS1 ~>' Ju,t 1.x,111pc;i1~~iu11 when 11 funhas tll¢
m1tion 's !orci311 policy goals by iwnp, as 'h,u~lninl: chips' clainis low!oll~· held Ii)· u 11:lnll'l'\:I)' kw
(ICtSOnS .:ind swjt.:;t tu tlu: juri~tiu11 of our courts.· Id. al 6?l.
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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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Identifier
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DI-1316
Title
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Letter from Robert L. Muse to Senator William Cohen expressing concern on behalf of his client, Amstar, related to the Title III provision of the Helms-Burton Cuban Embargo bill (H.R. 927)
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
Muse, Robert L.
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.
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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
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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/852d1928ea6f7bfd35cc56b3dbb1e4a4.pdf?Expires=1712793600&Signature=YN58HGP318xLaRmOU7DerrVirZnnMLxKV%7EbGdn2XrqLGySA0nIYyj6-Qoelhgf-QSmCQVaxl6vRvbpJkZo7HJNa8toed-8JLgSWJIr0%7E2STUoqQXJ28TOdGBxgZ4Hl7pT0pqLwoRettGPQmMBX4oqy3TNnfkgKQhlTt7-JwOvh18ujHECFQxbXxTBwGNVhhn6DNimb%7EvDDdad6-uBpcrXcyENhLMOwVizMluWF3SgrfEILdWPWNJU8VaSu%7E6PkPDZuOYNd29Rpp2XLcgr1N5ubSy0pmM69nq5SOgCVQRfxNBVzVdWAXhj7mmucX8XKiZoq2kZDq1Nw8eNVg8ota1Dg__&Key-Pair-Id=K6UGZS9ZTDSZM
787b0e70a188e1b3ae532faefb463b76
PDF Text
Text
REPUSLICA DE CUBA
PRESIDENTE DEL CONSE.JO DE ESTADO Y DEL GOBIERND
La Habana, 23 de abril del 2001
Honorable Congresista Joe Moakley
Camara de Representantes de Estados Unidos
Honorable senor Moakley:
En d{as recientes he tenido noticias por amigos comunes sobre su estado de salud, y
me decido a escribir estas Uneas, a sabiendas de que corro el riesgo de perturbar su
reposo.
Acuden a mi mente algunos momentos relevantes de la ya larga y bien apreciada
trayectoria de su sincera y decidida actividad vinculada a nuestro pa{s, tales como su
acci6n opositora a las !eyes Torricelli y Helms-Burton. Recuerdo su gesto de haber
organizado la visita a Cuba, en enero de 1996, de una importante delegaci6n del
New England Council, en las dramaticas e irreparables circunstancias del
quebrantamiento de la salud y posterior fallecimiento de su esposa. 0 aquella
demostraci6n de voluntad ferrea y sincera fidelidad a sus sentimientos religiosos que
constituy6 su visita a nuestro pa{s, a pesar de los problemas de salud que entonces
confrontaba, para acudir a la cita de febrero de 1998 en La Habana, convocada por
la presencia de Su Santidad Juan Pablo II. Recuerdo tambien con profundo agrado
los intercambios que sostuvimos a lo largo de estos anos, en los que de forma
respetuosa dialogamos sobre temas diversos, con enfoques coincidentes a veces,
divergentes otros, pero con la mayor sinceridad y transparencia en nuestras
respectivas apreciaciones.
Tengo la seguridad de que con su combativo esp{ritu, el apoyo de sus medicos, as{
coma el afecto de sus seres queridos, usted podra sobrellevar, con dignidad y la
firmeza que siempre lo han caracterizado, sus actuates dificultades. A su lado tendra
siempre ademas la consideraci6n y el aprecio de todos los que compartimos el
privilegio de conocerlo.
�REP UBLICA DE C UB A
PRESIDENTE DEL CDNSE.JD DE ESTADD Y DEL GDBIERND
.2.
Deseo transmitirle mi reconocimiento a sus esjuerzas par encaminar el conflicto
hist6rico entre nuestros dos pafses par cauces constructivos de comprensi6n que
pudieran permitir algun dfa la normalizaci6n efectiva de las relaciones entre Cuba
y Estados Uni dos.
Reciba usted, distinguido senor Moakley, la expresi6n de mis simpatfas y mi mas
projunda solidaridad.
Un saludo afectuoso.
Fidel Castro Ruz
�(THIS IS NOT AN OFFICIAL TRANSLATION)
Havana, April 23rd , 2001
Honorable Congressman Joe Moakley
House of Representatives of the United Stotts
Honorable Congressman Moakley:
I have recently had news, from common friends, of your health condition: and I
decided to write you a few lines, aware that I run the risk of perturbing your rest.
Some outstanding moments of the already long and well-known path of your sincere
and firm activity linked to our country come to my mind, such as your action
opposing the Torricelli and Helms-Burton laws. I remember when in January 1996
you arranged for the visit to Cuba of an important delegation of the New England
Council, in the dramatic and irreparable circumstances of the illness and later death
of your wife, or that demonstration of will strength and sincere loyalty to your
religious feelings that was your visit to our country, in spite of the health problems
you were facing, to attend the February 1998 gathering in Havana, summoned by
the presence of His Holiness John Paul II. I also remember with great pleasure
the exchanges we had along these years, in which we talked about a variety of
topics in a respectful way, sometimes with coincident approaches, sometimes
diverging, but with the biggest sincerity and transparency in our respective
criteria.
I am sure that with your fighting spirit, your doctors' support, and the affection
of the people you love, you will be able to endure with dignity and the strength that
have always characterized you, your present difficulties. The consideration and the
esteem of those who shared the privilege of knowing you will always be at your side.
I wish to express my gratitude for your efforts to lead the historical conflict
between oi.r two countries through constructive paths of understanding which could
allow some day the effective normalization of the relationship between Cuba and
the United States.
Receive, distinguished Congressman Moakley, the expression of my friendliness and
my deepest solidarity.
My warmest regards,
Fidel Castro Ruz
�
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-1324
Title
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Letter from President Fidel Castro to Congressman John Joseph Moakley regarding his illness (with English translation)
Date
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23 April 2001
Creator
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Castro, Fidel, 1926-2016
Description
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This is part of a series of documents related to the U.S. Economic and Trade Policy Toward Cuba.
Source
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 93
Type
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Text
Documents
Format
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PDF
Language
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Spanish
Subject
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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.
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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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https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/a04b4a66bbf99d6ab885b2862958c5b1.pdf?Expires=1712793600&Signature=JEKQ6cgZptCocOdBLBe6ddLl9AaRLoaxLPmkVXIlvblI9t92x1H6GUiPd9S4zbh-FBWv034D-vIGUkod%7E8JwlvQgGfkaltfWB6eo%7Eev5r2Z9iRutmSo%7EECOs%7EtbPmXwenkZSUjkzW7IcmuJdcdnT3uh9kd7NJOs%7E4MZx7GZ83C6-O9Biru4LehNo2fFB6a64OEWAeJkKSYc%7E1E3UFSQsr9FB3yYFiOaum1B6-umShQgRzE4W4kV3ZFl1N%7EPoWbT8TIHWbh3HNUXMMEUtpK1m4ls%7EO3-4vKlErCjX4Js0yQxay4qZPAhjpw5r6dl0n4OmJbeAmpFapzNKtx9tBltT6w__&Key-Pair-Id=K6UGZS9ZTDSZM
0e4ebf66bfb0e9d977aa4167c40394b3
PDF Text
Text
JOHN JOSEPH MOAKLEV
235 CANNON BUILDING
20515
(2021 225-8273
FAX: (2021 225-3984
WASHINGTON, DC
9TH DISTRICT, MASSACHUSETIS
COMMITIEE ON RULES
RANKING DEMOCRATIC MEMBER
UNITED STATES COURTHOUSE
SUITE 3110
KEVIN RYAN
1 COURTHOUSE WAY
CHIEF OF STAFF
MA 02210
16171 565-2920
16171 439-5460
FAx: 16171 439-5157
BOSTON,
WASHINGTON
cttongrcss of tbc mtnttcb ~tatcs
FREDERICK W. CLARK
DISTRICT DIRECTOR
1!,ou~e of 31\epre~entattbe~
BOSTON
E-mail: jmoakley@mail.house.gov
URL: http://www.house.gov/moakley
4 COURT STREET
MA 02780
15081 824-6676
FAX: 15081 880--3520
TAUNTON,
Miasf)tngton, 11\~ 20515-2109
May 24, 2001
BROCKTON FEDERAL 8U1LDING
166 MAIN STREET
MA 02301
15081 586-5555
FAX: 15081 580-4692
BROCKTON,
Fidel Castro Ruz
President
Republic of Cuba
Casa Presidencial
Havana, Cuba
Dear President Castro,
As I write this letter, I am very ill. I have asked my friend, Congressman Jim
McGovern, to deliver this letter to you when he travels to Cuba in June. I regret that I
cannot bring it to you myself.
It meant a great deal to me to receive your letter. I was grateful for your kind
words. As I have told you before, I look forward to a time when the great people of our
two nations can work together in unity. I look forward to a time when open trade will
flow freely, academics and scientists will collaborate regularly, artists will exchange
techniques, and everyday people will simply converse openly. The accomplishments
between us will be endless. I can only hope that people in the Bush Administration and in
the Cuban government who share my views won't give up the challenge to reconcile our
two nations.
As you know from our past conversations, I believe the U.S. embargo towards
Cuba is unjust. I've always thought that if it's going to change, it will require some new
thinking and bold moves.
And it is in that spirit that I make the following suggestions.
I hope that you would make a personal invitation to President Bush or Secretary
of State Powell, asking him to come to Cuba on the same terms given to Pope John Paul
II - the freedom to speak openly, uncensored, with national coverage of his remarks; the
freedom to meet with whomever he chooses and to travel across the island. Once again,
it would allow you to showcase your people and your beautiful country.
At the same time, I urge you to finish the initiative you began at the time of the
Pope's visit by freeing from your jails and prisons those remaining prisoners whose only
real crime was their non-violent disagreement with the State. Let them go home to their
�President Fidel Castro Ruz
May 24, 2001
families, their children and grandchildren. I respectfully make this request with the
knowledge that this is an internal matter - yet I feel compelled to make this suggestion as
a humane and positive step.
I now face an adversary I cannot hope to beat. As you said in your letter to me,
we have always had open and frank discussions. And it is because of this history
between us that I take this opportunity and appeal to you to try - one more time - to take
a bold step on the path to restore relations between our two nations.
John Joseph Moakle
Member of Congre s
�24 de mayo del 2001
Fidel Castro Ruz
Presidente
La Republica de Cuba
Casa Presidencial
La Habana, Cuba
Estimado Presidente Castro:
Le escribo esta carta sufriendo de una enfermedad muy grave. Le pedi a mi amigo, el
congresista Jim McGovern, enviar esta carta a Ud. cuando viaje a Cuba enjunio de este
afio. Lamento no haber podido entregarsela personalmente.
Fue muy importante para mi recibir su carta. Estoy muy agradecido por sus palabras tan
arnables. Como le dije antes, anticipo la hora cuando los pueblos de nuestras naciones
puedan trabajar conjuntamente y unidos. Anticipo el dia cuando el comercio se abra, los
academicos y cientificos colaboren regularmente, los artistas intercarnbien sus tecnicas y
la demas gente converse abiertarnente. Los logros mutuos no conoceran limites. Espero
que la administraci6n de Bush y el gobiemo cubano compartan esta vision y no dejen de
luchar por la reconciliaci6n de nuestras naciones.
Como Ud. recordara de nuestras conversaciones pasadas, creo que el embargo
nortearnericano con respecto a Cuba es injusto. Siempre he opinado que si va a cambiar,
requerira nuevas formas de pensar y unos pasos audaces.
En ese espiritu le ofrezco las siguientes sugerencias:
Aconsejo le extienda una invitaci6n personal al Presidente Bush o al Secretario de Estado
Colin Powell para viajar a Cuba bajo los mismo terminos dados al Papa Juan Pablo II-la
libertad de hablar abiertamente, sin ningun tipo de censura, con cobertura nacional de sus
comentarios; la libertad de reunirse con quien desee y de viajar por toda la isla. Otra vez,
le permitiria a Ud. otra oportunidad para dar a conocer su pueblo y su pais tan hermoso.
A la vez, le pido amablemente finalizar Ud. la iniciativa que empez6 durante la visita del
Papa liberando de las carceles y prisiones a todos los prisioneros cuyo unico crimen fue
su disconformidad pacifica con el Estado. Permitales que regresen a casa ya sus
familias, sus nifios y sus nietos. Le hago esta petici6n con todo respeto, reconociendo
�Presidente Fidel Castro Ruiz
24 de mayo del 2001
que estos son asuntos internos-sin embargo, me siento obligado a hacer esta sugerencia
como un paso humanitario y positivo.
Ahora me enfrento con un adversario que nunca podre veneer. Como me dijo Ud. en su
carta, siempre hemos discutido las cosas abierta y francamente. Y es por esta historia
entre nosotros que tomo esta oportunidad para pedirle-una vez mas-tomar paso audaz
hacia la restauraci6n de relaciones entre nuestras dos naciones.
Respetuosamente,
John Joseph Moakley
Miembro del congreso norteamericano
�
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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Identifier
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DI-1325
Title
A name given to the resource
Letter from President Fidel Castro to Congressman John Joseph Moakley expressing sympathy for Moakley's illness (with Spanish translation)
Date
A point or period of time associated with an event in the lifecycle of the resource
24 May 2001
Creator
An entity primarily responsible for making the resource
Moakley, John Joseph, 1927-2001
Description
An account of the resource
This is part of a series of documents related to the U.S. Economic and Trade Policy Toward Cuba.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 93
Type
The nature or genre of the resource
Text
Documents
Format
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PDF
Language
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Spanish
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
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https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/fd9d81ffd5dd6a10a61fc2dd2c996ff6.pdf?Expires=1712793600&Signature=DPdzmXRG5YtCZY5jL3IZYWZS5hOjfloqj3MhuYwg2NqZFeuPL9rdrNQjC19NxsYByEc%7ECCoZHHeFpvw%7ER3M1rqWWihE-sk2dhI-I7I30qfAqmhbk0-4oa1f00leeAPvSJGvsMc2AdvkbUcbgF75jYaTQRM80YuEiRrS16YI5Sq5LAm6hq1MZ8ikDXuuSjqIWY6hdvwlHMbkz%7EyGR%7E7or1n6CZzrTgrN%7EDW3hB1iuoaS5QkDoVtXWXSi55Do7YLybbDa9d6hv9Wy%7EHyY7M%7EzL-z9Y1MP2g7zS7JxmKKdrfTQfC6f1CifbMw5oHDYGoOoSB%7EKzyeR9CPuns%7EwpI7UKQQ__&Key-Pair-Id=K6UGZS9ZTDSZM
98adddef817e441ac6e5585bc2399300
PDF Text
Text
THE WHITE HOUSE
WASHINGTON
July 17, 1997
Dear Joe:
Thank you for your letter reiterating your support for renewal of
most-favored-nation status for China and sharing your views
regarding Cuba policy.
As you know, the U.S. policy of support for Cuban democracy and
isolation of the current Cuban regime has enjoyed bipartisan
support for 36 years.
That consensus has grown stronger in
recent years as democracy swept through our hemisphere, with Cuba
remaining the only dictatorship ,among the 35 nations of the
Americas.
Cuba's unlawful shootdown of two U.S. civil aircraft
in February 1996 further strengthened the isolation 6f that
regime.
To eliminate the embargo while President Castro
steadfastly clings to personal power and his failed socialist
model, denying citizens even basic political rights, would not
likely have the liberalizing effect that we all seek.
Our policy does not rely on pressure alone. We have
energetically implemented provisions of the Cuban Democracy Act
that directly benefit the Cuban people and encourage the
emergence of civil society. My Administration has approved more
than $150 million in humanitarian shipments and promoted numerous
exchanges between American and Cuban non-governmental
organizations. We are making every appropriate effort to signal
to the Cuban people our peaceful intentions and to support their
democratic aspirations.
Our policy of outreach recognizes that
change in Cuba must come from within, led by Cubans on the island
who yearn for democracy and freedom.
Again, thank you for writing.
I value your thoughts on how best
to promote our shared goal of a democratic Cuba.
Sincerely,
The Honorable John Joseph Moakley
United States House of Representatives
Washington, DC 20515
�
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
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Identifier
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DI-1323
Title
A name given to the resource
Letter from President Bill Clinton to Congressman John Joseph Moakley regarding US policy towards Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
17 June 1997
Creator
An entity primarily responsible for making the resource
Clinton, Bill, 1946-
Description
An account of the resource
This is part of a series of documents related to the U.S. Economic and Trade Policy Toward Cuba.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 92
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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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
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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>
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
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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
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2 January 1996
Creator
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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
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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
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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