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Omeka Image File
The metadata element set that was included in the `files_images` table in previous versions of Omeka. These elements are common to all image files.
Bit Depth
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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>
Still Image
A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials.
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
Members of the Massachusetts congressional delegation present Cuban President Fidel Castro with a Boston Red Sox jacket during trip to Cuba, 1998
Subject
The topic of the resource
Moakley, John Joseph, 1927-2001
Castro, Fidel, 1926-
McGovern, James P., 1959-
United States--Congress
United States--Foreign Relations--Cuba
Description
An account of the resource
Pictured left to right: John Joseph Moakley, Fidel Castro, William Delahunt, James P. McGovern, and Richard Neal
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 10.02 Photographs: Congressional Photographs, Box 8 Folder 129; also found in Series 10.05 Photographs: People Photographs, Box 1 Folder 14
Date
A point or period of time associated with an event in the lifecycle of the resource
1998
Rights
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="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
The file format, physical medium, or dimensions of the resource
JPG
Type
The nature or genre of the resource
Still image
Photographs
Identifier
An unambiguous reference to the resource within a given context
DI-0019
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
tgn:7004624
Cuba
Foreign relations
Jim McGovern
Joe Moakley
U.S. Congress
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Omeka Image File
The metadata element set that was included in the `files_images` table in previous versions of Omeka. These elements are common to all image files.
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8
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
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/.
Title
A name given to the resource
John Joseph Moakley's invitation to Eucharist celebration in Cuba, 25 January 1998
Subject
The topic of the resource
Religious services
Cuba
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 01.04 Administrative Files: Subject Files, Box 1 Folder 56
Date
A point or period of time associated with an event in the lifecycle of the resource
25 January 1998
Rights
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="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
The file format, physical medium, or dimensions of the resource
JPG
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
Cards
Identifier
An unambiguous reference to the resource within a given context
DI-0068
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
tgn:7004624
Cuba
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PDF Text
Text
UtSCONDBMfD· fl EASE IM B\ BGO
CONGRESSMEN MO AKI .E Y, MCGOVERN, Nl::AL, Dl:: LA II UNT
CUBA TR.IP: J ANIJAR Y n.26, 1998
DRAFT ITI NE RARY
G,m~ralb,fo:
Hote!Meli1Cohib1
U.S.!nteresuSectmn
Avda.PaseoentrelAy3AVcdado
Ciudad de 1..1 Habana CUBA
Tel:011·537·333-6!6
Fu:OIJ.537.334.555
Mr. F.J. Gould, Control Officer
Te1:0!1·S37·333·SS!
Fu:Oll·S37-)7().331
Frid ay lanuao:13 1993
Chcci.:-in-- BoJton Logan Airport Taminal B
Amo:ricm Airlma C-ount~- Special Cuba trip dcsignauon
7:30 am
9:00 am
Dqwt Benion
NorthA muk111Alrll11es Flt#XGI
I :00 pm
Arrive Havana - Joae Marti International Airport
2:00 pm
Check-in - ll old Melia Coll.Iba
)'30 pm
Meeting w/CUl»n Minister of Public Health
re:H=itarian FoodandMcdicineluuestffectlngCUbanpeoplc
ll ottl Mtll1Coll.lb1
5:00 pm
Mass with Cardinal Law and MhdiocaeofBoslOII Group
8:00pm
Dirmer
ll otel Mtli•Ccl hlba
Sat:ardnJaovaa24122S
11:30-10:00am
10:!Sam • 2:30pm
Visit to Odam food projoct II Gilberto Leon Coopcntivc
T nn,port1tiompro~ldffl byU.S. l11tertstS«tio11 va11
�S1tuo:bY£PDliDH(d
3:00 pm
Leisun: lime/tour of Old Havana Ciiy
6:00pm
RcceptiooforArd!dioeffCOfBo1tonGmup- H<MtcdbyChiefofU.S.
Mission, Michael Kozak
U.S. Interests S«UOA Principal Offictr'1 Resid~nce
2115 150thStrut,C11b• n•un
Transport• tion pr(l'"tded by U.S. Interests Section vu
Suud1yJann10:1/!lffl
9:30am-12-30n
Papa!Mass-PopeJohnPaulll
J0<c Mu1i Rn-ol11tion1ry Squre, ll nana
2:00-•:00pm
Lunchmcctingw/ OliefofU.S.Miuion,Michac\Kouk
U.S. Interests Secltoo Prloctp•I Officer's Residence
Transportation Provided by U.S. Interests Section v•n
4:00. 5:00 pm
Moeting wi!h Cubanjown•lists
U.S. Interests Stctioo Prlodpal Officn's Rctidtnce
7:00. 9;00 pm
Meetings wi!h 0.,1,,an aovemmcnt official•
T.B.A.
MondoyJ19110:26-199H
9:00 am
Mus with Canlinal Law and Alctldioeffe group· Celebrated by Cardinal
Ortcga.,ArdibishopoObvana
Cll urcb of J esus 111 Mlramu, ll uana
1 :00 pm
Dq,an Havana - Joae Marti lntcm.alfonal AiJport
North American AlrUaes F1t# XG2
4:40 pm
Arrive Boston Logan Airpon Tenninal. E- International Anivall
�
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/.
Title
A name given to the resource
Draft Itinerary for congressional trip to Cuba, 20 January 1998
Subject
The topic of the resource
Cuba
Travel
United States--Congress
Description
An account of the resource
Itinerary for a trip to Cuba, 23-26 January 1998, for Congressmen John Joseph Moakley, Richard Neal, Jim McGovern, and Bill Delahunt.
Creator
An entity primarily responsible for making the resource
Moakley, John Joseph, 1927-2001
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: Steve LaRose, Box 9 Folder 100
Date
A point or period of time associated with an event in the lifecycle of the resource
20 January 1998
Rights
Information about rights held in and over the resource
Copyright Suffolk University. This item is made available for research and educational purposes by the John Joseph Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
A related resource
<p>View the <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
The file format, physical medium, or dimensions of the resource
PDF
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
Documents
Identifier
An unambiguous reference to the resource within a given context
DI-0071-0072
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
tgn:7004624
Cuba
Joe Moakley
U.S. Congress
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Omeka Image File
The metadata element set that was included in the `files_images` table in previous versions of Omeka. These elements are common to all image files.
Bit Depth
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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>
Still Image
A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials.
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
John Joseph Moakley and Fidel Castro during a congressional trip to Cuba, 1996
Subject
The topic of the resource
Moakley, John Joseph, 1927-2001
Castro, Fidel, 1926-
United States --Foreign Relations--Cuba
Cuba
Source
A related resource from which the described resource is derived
Series 10.02 Photographs: Congressional Photographs, Box 7 Folder 111
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Date
A point or period of time associated with an event in the lifecycle of the resource
1996
Rights
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="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
The file format, physical medium, or dimensions of the resource
JPG
Type
The nature or genre of the resource
Still image
Photographs
Identifier
An unambiguous reference to the resource within a given context
DI-0218
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
tgn:7004624
Cuba
Foreign relations
Joe Moakley
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Omeka Image File
The metadata element set that was included in the `files_images` table in previous versions of Omeka. These elements are common to all image files.
Bit Depth
8
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Still Image
A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials.
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
Group photograph of a congressional delegation in Cuba, 2000
Subject
The topic of the resource
Moakley, John Joseph, 1927-2001
Bulger, William M.
Cuba
United States--Foreign Relations--Cuba
Description
An account of the resource
Pictured (left to right): unidentified man, unidentified man, William M. Bulger, John Joseph Moakley
Source
A related resource from which the described resource is derived
Series 09.03 Special Materials: Memorabilia, Box OS 39 Folder 623
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Date
A point or period of time associated with an event in the lifecycle of the resource
2000
Rights
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="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Format
The file format, physical medium, or dimensions of the resource
JPG
Type
The nature or genre of the resource
Still image
Photographs
Identifier
An unambiguous reference to the resource within a given context
DI-0350
Cuba
Foreign relations
Joe Moakley
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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>
Still Image
A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials.
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-0351
Title
A name given to the resource
John Joseph Moakley and William M. Bulger sitting at desk, congressional delegation to Cuba, 2000
Date
A point or period of time associated with an event in the lifecycle of the resource
2000
Description
An account of the resource
Pictured (left to right): John Joseph Moakley and William M. Bulger seated at table
Source
A related resource from which the described resource is derived
Series 09.03 Special Materials: Memorabilia, Box OS 39 Folder 623
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Type
The nature or genre of the resource
Still image
Photographs
Format
The file format, physical medium, or dimensions of the resource
PDF
Subject
The topic of the resource
Moakley, John Joseph, 1927-2001
Bulger, William M.
Cuba
United States--Foreign Relations--Cuba
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
A related resource
<p>View the <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100.pdf">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p> </p>
Cuba
Foreign relations
Joe Moakley
-
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
Ford Hall Forum Collection, 1910-2013 (MS113)
Creator
An entity primarily responsible for making the resource
Ford Hall Forum
Language
A language of the resource
English
Description
An account of the resource
The Ford Hall Forum Collection documents the history of the nation’s longest running free public lecture series. The Forum has hosted some the most notable figures in the arts, science, politics, and the humanities since its founding in 1908. The collection, which spans from 1908 to 2013, includes of 85 boxes of materials related to the Forum's administration, lectures, fund raising, partnerships, and its radio program, the New American Gazette.<br /><br />The digital files are being moved to: <a href="https://dc.suffolk.edu/fordhall">https://dc.suffolk.edu/fordhall</a>
Source
A related resource from which the described resource is derived
<p>View the <a href="https://dc.suffolk.edu/cgi/siteview.cgi//researchguides/11">finding aid to the Ford Hall Forum Collection</a> for more information (PDF).</p>
<p> </p>
Sound
A resource whose content is primarily intended to be rendered as audio.
Embedded Media
Add here the embed url for streaming audio or video files.
<iframe width="100%" height="300" scrolling="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/714962464&color=%23ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&show_teaser=true&visual=true"></iframe>
Duration
Length of time involved (seconds, minutes, hours, days, class periods, etc.)
1:19:55
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
MS113.0201
Title
A name given to the resource
Ford Hall Forum: Thomas B. Wilner, P. Sabin Willett, and Gita Gutierrez: Guantanamo Bay: Who are the Detainees and Why Does the U.S. Continue to Hold Them? [audio recording]
Date
A point or period of time associated with an event in the lifecycle of the resource
30 March 2006
Description
An account of the resource
Thomas B. Wilner, Partner at Shearman & Sterling LLP and lead counsel to the Kuwaiti citizens in Supreme Court case Rasul v. Bush; P. Sabin Willett, Partner at Bingham McCutchen and legal counsel to several Uighur detainees; Gita Gutierrez, civil rights attorney with the Center for Constitutional Rights, conducted the first visit by a habeas attorney to Guantanamo. Moderated by Joshua Rubenstein, Northeast Regional Director, Amnesty International USA.
Creator
An entity primarily responsible for making the resource
Ford Hall Forum
Wilner, Thomas B.
Willett, P. Sabin
Gutierrez, Gita
Source
A related resource from which the described resource is derived
Ford Hall Forum Collection,1908-2013 (MS113)
MS113.3.1/0201
Format
The file format, physical medium, or dimensions of the resource
Sound recording
Sound recordings
MP3
Subject
The topic of the resource
Forums (Discussion and debate)
Ford Hall Forum
Detention of unlawful combatants -- Cuba -- Guantánamo Bay Naval Base.
Human rights.
Relation
A related resource
Find out more about our collections on <a href="https://www.suffolk.edu/academics/libraries/moakley-archive-and-institute/collections">our website</a>.
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.
Cuba
Ford Hall Forum
Human rights
-
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PDF Text
Text
��
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Document
A resource containing textual data. Note that facsimiles or images of texts are still of the genre text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
An unambiguous reference to the resource within a given context
DI-1283
Title
A name given to the resource
Letter from J. Bernard Robinson of the ABC Forum on Cuba, Inc. to Ambassador Fernando Remirez De Estenoz of the Cuban Interest section, asking for help from the Cuban government related to a US Congressional trip to Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
14 December 1995
Creator
An entity primarily responsible for making the resource
Robinson, J. Bernard
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 98
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Language
A language of the resource
English
Subject
The topic of the resource
United States--Congress
United States--Foreign Relations--Cuba
Cuba
Cuba -- Foreign relations -- United States.
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
A related resource
<p>View the <a href="https://www.suffolk.edu/-/media/suffolk/documents/about/moakley-archive-and-institute/moakley-papers/ms100_pdftxt.pdf?la=en&hash=97CD508C4A7F337052ABBE22F85910A0E44681B1">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p></p>
Cuba
-
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88c780f82d511c62648e5955642b7271
PDF Text
Text
ABC FORUM ON CUBA, INC.
113 Fourth Street S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543-5177
January 2, 1996
Mr. Steven I. Pinter, Chief of Licensing
Office of Foreign Assets Control (OFAC)
United States Department of the Treasury
1500 Pennsylvania Avenue N. W.
Washington, DC 20220
By fax to: 202/622-1657
Dear Mr. Pinter,
Thank you very much for your thoughtful communication of December 29,
1995. This letter provides the infonnation requested to enable your office to issue
the ABC Forum On Cuba, Inc. a license for an advance trip to make final
arrangements for the January 16-19 conference called "The United States and Cuba:
A New England Perspective."
The objectives of the January 16-19 seminar are to:
1.
educate and update participants about the latest developments in U.S.-Cuba
relations, consider ways to encourage improvement in these relations and to
promote the cause of peaceful, democratic change in Cuba;
2.
identify specific ways participants can play a more active role in
strengthening and fostering civil society in Cuba and increase significantly
the flow of information to, from and within Cuba;
3.
have substantive meetings with individuals and non-governmental
organizations to identify the technical assistance, training, financial assistance
and commodities that can be committed by US organizations to promote
independent activity intended to strengthen civil society in Cuba;
4.
engage in visits to locations where free market principles are at work to
assess the extent of free market reforms and how best to encourage their
consistent development; and
�2
5.
identify opportunities for the promotion of independent economic activities
involving the self-employed, private farmers, young people interested in
training to become entrepreneurs and others~
The latest, tentative list of conference participants includes:
Peter C. Aldrich, Co-Chairman of Aldrich, Eastman & Waltch
John Pattillo, CEO of Aldrich, Eastman & Waltch
James Arena-DeRosa, Director of Public Advocacy, Oxfam America
Michael Delaney, Regional Manager LA & Caribbean, Oxfam America
H.D.S. Greenway, Editorial Page Editor of The Boston Globe
Richard Hartman, President North American Division of ITT Sheraton
Kathryn A. Burns, Director Corporate Development of ITI Sheraton
Larry Kessler, Executive Director, Aids Action Committee of MA
Anthony E. Malkin, W&M Properties, Inc.
Jonathan Malkin, President, Malkin & Co.
Sydney L. Miller, President, Hany Miller Company, Inc.
Hon. Joseph Moakley (MA)
Jim McGovern, Senior Aide to Congressman Moakley
John Weinfurter, Administrative Assistant to Congressman Moakley
Gilbert S. Peirce, Vice President & Director International Banking, Bank of Boston
Brian G. Rothwell, President, Bay State Milling Company
Michael J. Ryan, President, ABC Forum On Cuba, Inc.
J. Bernard Robinson, Counsel and Board Member, ABC Forum On Cuba, Inc.
Isaac Shafran, Director, Louis Berger International, Inc.
Regina M. Villa, President, Villa and Associates
For the advance trip, Jim McGovern, Bernie Robinson and I will arrive in
Havana from Miami (C&T charter flight# 8607) midday Sunday January 7, 1996
and will return to the United States on or before Thursday January 11.
During this advance trip we will meet with officials of the U.S. Interest
Section in Havana, officials from the Catholic Church, The Cuban Commission on
Human Rights and National Reconciliation, Concilio Cubano, CARITAS, Oxfam,
and with Cuban government officials. Our activities during this advance trip will be
focused on finalizing arrangements for the January 16-19 Conference in accord with
the Conference objectives set forth above and conducting an on-island assessment
to develop specific proposals which support for the Cuban people.
�3
During our advance trip, we will organize Conference panel discussions
highlighting Oxfam America's partnership with Associacion Nacional de
Agricutores Pequenos. We will also arrange meetings among management experts
who participate in this Conference and fledgling Cuban business owners and
between the Boston Globe's H.D.S. Greenway and independentjoumalists. These
and related Conference discussions will promote the purposes of the Support for the
Cuban People regulations. The resulting media exposure for the showcased
activities will enlist additional active supporters.
It is our short and long tenn goal to continue complying with US Government
laws and regulations in order to increase support for the Cuban people, to promote
civil society in Cuba and to encourage additional proponents of peaceful democratic
change in Cuba. We believe that progress towards these goals can be achieved
through dedicated educational efforts by organizations like the ABC Forum On
Cuba, Inc. New advocates and activists can be effectively enlisted through seminars
such as the one we propose from January 16-19.
The tentative list of participants set forth above are precisely the quality and
caliber of leaders and experts needed to stimulate private U.S. organizations to play
a more active role in strengthening and fostering civil society in Cuba. The
proposed Conference will educate the participants and observers, which will make it
much easier for them to become active thereafter.
If you require more infonnation to issue the license for our advance trip,
please contact me at your earliest convenience at (202) 543-3210.
We very much appreciate the advice and counsel you and your colleagues
have provided us. Please let me know what additional information would be helpful
to your collective deliberations concerning our request for a license for the January
16-19, 1996 Conference.
Sincerely,
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Document
A resource containing textual data. Note that facsimiles or images of texts are still of the genre text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
An unambiguous reference to the resource within a given context
DI-1284
Title
A name given to the resource
Letter from J. Bernard Robinson of the ABC Forum on Cuba, Inc. inviting Congressman John Joseph Moakley to participate in a trip to Cuba.
Date
A point or period of time associated with an event in the lifecycle of the resource
14 December 1995
Creator
An entity primarily responsible for making the resource
Robinson, J. Bernard
Description
An account of the resource
It also includes correspondence with the U.S. Department of Treasury Department about obtaining a license to travel to Cuba. This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 98
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Language
A language of the resource
English
Subject
The topic of the resource
United States--Congress
United States--Foreign Relations--Cuba
Cuba
Cuba -- Foreign relations -- United States.
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
A related resource
<p>View the <a href="https://www.suffolk.edu/-/media/suffolk/documents/about/moakley-archive-and-institute/moakley-papers/ms100_pdftxt.pdf?la=en&hash=97CD508C4A7F337052ABBE22F85910A0E44681B1">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p></p>
Cuba
-
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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
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-1285
Title
A name given to the resource
Letter from Michael J. Ryan of the ABC Forum on Cuba, Inc. to Steven I. Pinter of the U.S. Department of Treasury seeking a license to travel to Cuba.
Date
A point or period of time associated with an event in the lifecycle of the resource
2 January 1996
Creator
An entity primarily responsible for making the resource
Ryan, Michael J.
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 98
Type
The nature or genre of the resource
Text
Documents
Format
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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Text
FROM
Robinson
TEL: 914 337 5952
JAN. 6. 1996
12:52 PM
ABC Fo·rum On Cuba, Inc.
113 Fourth Street, S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543 .. 5177
f ..mall: cubacouncl@aol.com
Saturday, January 6, 1996
Mr. John Weinfurter, Administrative Assistant
Congressman Joseph Moakley
·
235 Cannon House Office Building
Washington , DC 20515-2109
By fax to :
202/225-3984
Dear John,
Thank you very much for all of the advice & expert counsel you offered
Mrke Ryan and me -- particularly this weak w- in making substantive progress in
the planning and arrangements for the Jan 16-19 Havana-based Conference on
US-Cuba Relations : A New England Perspective.
Attached is a_
three page overview on the Center For International Policy's
Congressional Staff briefing visit to Cuba from January 8-12 , which involves 10
House and Senate Staff members (D & R) . The US-Cuba Foundation 1 directed
by Gary Jarmin, is hosting a comparable tour in Cuba from January 5-11 for
about 5 House GOP Staff members (as written ihformation becomes available on
this 1 we wrll fax it to you). The information garnered by these Staff members may
well impact the Congressional debate and considera~ion of HR 927.
As you continue to brief Congressmen Moakley and Campbell this week
about the January 16th Conference, please consider the possibilities for them to
forge a new, bipartisan consensus on effective US policy for Cuba -- first within
the House and then among Senators and leading Administration policy makers .
Please consider how the Jan . 16th Conference dc~legation c~n be
expanded a:nd strengthened prior to Jan. 11 . On Jan .. 19 about 11-11 :30 am
when the delegation returns to the Miami Airport on a G1Jlfstream International
Airline charter, could someone assist them with customs reentry?
Prior to Thursday, Jan. 11, if there is any activity by the HR 927 or
HR 1561 Conference Committees, or if any Congressional hearings are
scheduled on Cuba related issues, could someone please fax a copy of the info
to us in Havana? Attached is the Shaw-Pittman W1g.iwe1tch. C.ub.a which includes
most of the Cuba issues. Another controversial one is the budget item funding
Radio Marti's move from DC to Miami which was in the Commerce/Justice/State
appropriation bill that the President vetoed .
P 1
�FROM
Robinson
JAN. 6.1996
TEL: 914 337 5952
12:53 PM
2
On Friday morning, Jan. 12 at 9: 15 am, we have o meeting scheduled
with State & Treasury officials in the OFAC offices to present the requested
information for the Conference license. They understand our request that they
make a decision about the Conference license before thr~ end on business on
Friday, Jan. 12.
We will also have an appointment to meet with Ambassador Rernirez on
Friday afternoon, Jan. 12, to finalize Conference discussions with him.
With my very best personal regards, I am
Since(Jely
- .._...,, .
--- er
............
J. Bernard Robinson
Counsel
cc:
Michael J. Ryan
P 2
�FROM: Robinson
TEL : 914 337 5952
JAN. 6. 1996
12:53 PM
CENTER FOR INTERNATIONAI.J
POLICY
1755 MASSACHUSETTS A VENUE~ N. W. SUITE 312
WASHINGTON D.C. 20036
PHONE: (202) 232-3317
FAX: (202) 232-3440
e-mail: cip@igc.apc.org
FAX TR.ANS:MJTTAL SHEET
TO:
FROM:
DATE:
SUBJECT:
E i ~ _- - - - - - - .
·.·· <-· :. : · :# :of pages indudirig transmittal sheet: - ·~
.
· If you
·. ··· . . · ·... · :·· · ,.... · . · ,... ·· .
.
do not receive all pages indicated above, please call us back as soon as
possible at (202) 232-3317.
MESSAGE
' '
P 3
�FROM: Robinson
TEL: 914 337 5952
JAN. 6.1996
12:54 PM
JAN 05 '95 17 : 42
P.'.:l/3
Congressional Dele&ation to Cuba
· January 8-12, 1996
Senate
S1a1I
Member
Pbgoc
Sarah Lyons
Pat Eveland
Breaux, John (D·LA)
Orams, Rod CR·MN)*
224-4623
Karen Mattson.Smith
Hatfield, Mark CR·OR)
Jeffords, James (R-VT)
Simpson) Alan (R-\VY)
Jon Guerra
Dick Day
Todd Menotti
Stephanie Eglington
Pryor; David (D-AK)
Biden, Joseph (D~DE)
224-3244
224~3753
224-5141
224-6098
224·2353
224-33 l 7
Bouse of ·Representati"es
S:&JdI
Member
Ying Lee
Amos Hochstein
Mark Sultivan
Gejdenson, Sam (D-CT)
CRS
Dellum~ Ronald (D-CA)
Center for International Policy
Katie Donahue
Jill Bullitt
Wayne Smith
William ·Goodfellow
l
225-2661
225·2076
707-7689
P 4
�TEL: 914 337 5952
FROM: Robinson
JAN. 6.1996
12:54 PM
P 5
JRN 05 '9~ 17:42
Tentative Itinerary
January 8-12, 1996
~~ 9ovemmant of·f iciala:
10:l'SAM
LEAVE Washington
ARRIVE Miami
check-in at Gulfstream (United Airline~
1:00PM
2:00PM
5:00PM
ARRIVE Havana
Miniat~y of Foreign Relations
8:00PM
Juan Antonio Blanco
?eliK Vetla Center
9:30AM
11:00AM
Ministry of the Economy
US Interest5 Sect1cin
4:00PM
Januat'y 8
National Assambly qf the People's Power
Pre·s ident of the National Assembl.Y
7:05AM
9:42AM
Dinner
January 9
Dinner
counter)
LEAVE Miand
Ri,cardo Alara.con
January 10
AM Ministry of Foreign Inve~tment
PM Mini1>t:ry of Co~ercial
Dinner itaiian Erobassy
J anuar:y' 11 · ·
AM ·Miniist!tY- · of· Educ;a:t.ion
AM Minis.t ry
of Public Heal th
2;30 PM Centro Estudios Sobre Americas
PM Ma:t"tin Luther King Center
DINNER
January 12
AM N. tiona1 Council of Churches
a
1:00 PM LEAVE Havana
2:00 PM Arrive Miami
7:20 PM LEAVE Miami
9:55 PM ARRIVE Washington National
: . . ., ·
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HAW,: PITTMA.N,. .POTT$ r. & . R,OWBRIOGE, !
'
Fl~ST SESSION OF
104TH CONGRESS
E:NOS WITH "LIBERT AD"
ACT IN CONFERENCE
COMMITTEEi OTHER
CUBA LEGISLATION
ALSO LEFT PENDING
The 104th Congress was 5':heduled
to end its f"JXSt leglslativc session
today with the most significant
piece of legislation rel.3ting to
Cuba. The Cuban Llbeny and
Democratic Solidarity
.
(LIBERTAD) Act (the "Act'•). still
in the r,roces$ of being considered
conferees a.re: Republicans He~
·by a House-Senate Conferen~· ·
..nd··Dero~ral~'Hatoi.Iron'(IN)
Committee. Although passing its
version of the Acr on October 19.
199S (se.e LegiWmth Cubei., October 20, 1995), the Senate did not
appoint its conferees until mid•
Gejdtoson (ct), TorricelH (Ni),
and Menendea: (NJ). With Congress scheduled to be out of session
for roost of the month of January.
action by the Conference Committee i$ not expected until February.
December. The delay stemmed
from Democratic opposition to a
separate foreign relations bill, S.
908 ("The Foreign Relations Revitalization Act of l 995"') and frustration over the lack of action in the
Senate Foreign Relations Com."llittee on the approval of ambassad~
rial nownadons and mti.fication of
pending treaties. On December 12,
1995, an agree~nt was reached
between Republicans and Dem~
era.ts that cleared th~ way for passage of s. 908 and permitted action
on notniMtions and treaties, and
allowed the approval of conferees
for the LIBERTAD Act. On December 14, 1995, the Senate ap_polnt~d sl!:ven conferees to consider
the Act tosether with the nine con-
f~s appointe.d by the House on
November 7. 1995. The Scnatll
Democratic filibuster and the bill's
sponsors were unable t.o invoke
(NC), Coverdell (GA), Snowe
(ME), and Thompson (TN): and
Democrars Pell (RI), Dodd (CT),
and Robb (VA). The House confer•
ee:: are: Re:publicans Gil~ (NY).
Bunon (IN); Ros-Lehtinen (Fl.)1
King (NY), 21.ld Diaz Balart·(Fl:;);
l '' .. ' '.
DIFFERENCES BETWEEN
THE HOUSE ANC SENATE
VSRSIONS OF THE ACT
BEFORE THE
CONF"ERENCE COMMIITEE
The House and Senate versions of
the Act that tht Conference Com.
m.ittee will oetd to rece>ncile ditfe:r
sub$ta..otially from each other. Most
significant is the absence in the
Se:nate version of .l Tide m
(present in the House version)
granting a right of action w U.S:
courts to U.S. owners of property
expropriated by Cuba against third
country nationals ''trafficking'' In
such property,, Title Ol was
dropped from the Sena~ version
amr opposition to it led [0 3
.
cloture. Indications are that Title ID
will be reinserted into the bill when
r.b~ Cortference Coromittee ~nd$ it
back to both houses of Congress
for final passage. It is unclear
whether a bill wiih such a prou- ·
sion would win approval irl 'the, ·.·'
Si!natt.
Another import.ant provision
ptestnt (as Thle TV) in the House
vers1on of the Act. but not in rhe
Senate's, is the exclusion fTom rhe
U.S. of aliem "trafficking" in the
property expropriattd from U.S.
citizens. Originally in the Senate
version, this provision was dropped
and inserted in S. 908. Under the
agreement reached 011 December
12, 1995, however, the alien e.xduslon provision was re.moved from
S. 908 as well. The provision in
Title N of the House version au·
thorizes the Sectetary of State to
exclude .wy alien who be dt!t.e.r·
m.lne$ has confiscated U.S. owned
property or ''traffics" in confiscated
U.S. property. As it now reads, this
provision would be applicable to
all cases of confiscated U.S. prop,,
(whether in Cuba or elsewhere) aftt:r Jmullr)' I. 19$9,
i!l't)'
except for claims arising from
M
�FROM: Robinson
TEL: 914 337 5952
J AN. 6.1996
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unsenled dispute over territory as a
result of a war between two
U.N. member states.
Other differences ~ II1ust be
reconciled in confcrence are found
throughout the Act. Some notable
exampl~s are in the area.5 of indir~ financing of Cuba. foreign
assistance to countries providing
support fort.he nuclear power
plant at Cienfuegos, and requirements for a transition and democratically elected govcm.ment in
Cuba before U.S. assistance is
aiven. Thus, for instance, the Senatt version impo.ses four rcquirellltnts for a trar1sitional
government in Cuba before it
. qualifies for U.S. mistance,
whel'Ca$ the.House version coo.ta.iris hih~'~uirements. The Senate version requfres that a
trMsitional government in Cuba:
have legalized all political activ~
ityi release.d political prisoners;
(fasolved the .Department of State
s~cllrity; and committed to holding free and fair el~ctions within
two y~. The House version
includes additional requirements
rongini &¢m extradition of individuals sousbc by the Department
of Justice to the exclusion of Fidel
or Raul Castr0 from a transitional
government. The Senate and
House versions of the Act also
differ significantly in regard to
requirements for a democratic.ally
elected government: the Senate
version outlines several non-binding fac[ors to bo taken ibto account in detertn.inin& whether a
dcmoc::nnic government is in
power in C1.1ba: The House version,
on the other hand, defines seven
$pecific requirements for a dexnocratically ele~ gov~t.
including that it make demon-
~trable progress on addrcs$ing the
expropriation claims by U.S. citi-
strictions (H.R. 1254, 1700, and
1704), and those advocating a
policy of~ trad¢ with Cuba following a change of government (S.
zens.
All of these differences must be
resolved by the Coltference Committee, which will need to develop a
Stmtegy as whether or not to include, or re-write, certain portions
146).
Since some of these pending bills
ate subsumed in the LIDERTAD
Act, their fate
of the bill (such as Title Ill) to in·
sure passagt Ul the Senate': at\d to
convinoe 60 Senators to vote for
clotW'¢ on the conference bill. Sinee
AcL If the Act p~ses and is signed
by the President, it is likely that
these bills will die in ci>mmittee.
On the other hand, if LIBERTAD
Title IV regarding the exclusion of
alien.~ uafficking in propeny expropriated from U.S. nationals wa.~
never put to a vote in the Sefiate, it
is unclear how the insertion of that
provision would affect the outcome
of a clorure motion.
··
OTHER CONGRESSION~L
ACTION ON CUBA IN 1995
There were a number of bills con-
cem.i.ni Cuba ~ides the
UBERTAD Act that were intl'(),
duccd in th¢ first session of the ·
104th Congress, reflecting varyins
Congressional opinions as to the
bo!st course for U.S. policy toward
may well dtpend on
the outCOll'lC of the debate on the
is defeated, there may be anempts
to push through some of tht legis- •
lariort that would implement por•
tions of the Act. At any rate, it is
exceedingly unlikely lhat any l~gis.
. Iation ait:ned at easing the embargo
will meet with success in t.he cur;•t' .
. : rent Congress.
.
' .
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Ll!GIWATCH CUBA
S:XE:CUT!YE EDITOA
Morlo.s F. T~lW>•l>w. Esq.
MANAGING EDITORS
Robm E. L.. Hasry. &q.
C. E l ~ E.q,bt. Sul'tl, E.tq.
Stev6n It F..tcobdr, &q,
EDITO(:(JAL ASSISTANTS
Cuba. The legislation ranged from
Nkola.s hu:hk.o
bills that would end che existing
a TROW9fltrOGe:
JJ(X) N Smit, N, W.
Warhi119t(lll 1).C. 20017./ Jis
(201 J 615).$()()()
trade embargo to attempts to tighten
the embargo further and press for its
intemationalization: Rep. Rangel
(D ..NY) introduced H.R. 883 to
repeal the embargo on Cuba while
Rep. Diaz.Balart (R-FL) introdu~
a concurrent resolution (H. Con.
Ru. 24) calling on the ~$ident to
s~ a mandatory international embargo on Cuba in the U.N. Security
Council. Both of these bills have
been stalled in the House Interna-
tional Relarions Committee since
February 199S. Between these poles
of opinion range a, wide variety of
bills including some calling for tht
el.imination of certain embargo re-
$HAW, Pl'l'TM,,\N, l"'O-n'S
11S S11"rlr Union Srrur '
Mu.atldria, Virti,iia J1J/4
('!OJ) 7JfJ.66iO
15~1 farm Cndlt Drtvt
McLt;ui. Vlrtsnui 22/02-5004
201 ~,ry Srmt, s.W.
u,,btt.,g, Vl;:Ulia 22075.J72J
9()() Third A 1,.,,u,,
Swit, /$00
N,w York. Nr.v Yi.,rk
836-4100
1:m1
1
:i>f!Yl'lfNO IP96 I>, Slurw, /'1"""'11, Poru J.
~ """""""'· All ritliu m6VM. uc,~\'acdl C11ba
tlu.UJi~, ,x,1114>.u #wk,p,rv~u ~-m~ t Cid,,, <lltd
/I/Jd1WfJ a v.ui4ty v/Ufai 4ftd Ut/J/aJ1'w I I - DJ
i~rtlkl.et ta llt41• iNtff#fi/. ill klllt bwwu in a
/r11-m4NI C..ba. /{_.,,., di.I pub/lc<'Mlt. U liOI
<-t ,J.i,i,U ~r I>, wnl .U f JM/tltit,w far kt~ U!l!it;6,
f "or i r i / a ~ or IWUldnN, /kfh NJ#IJ4i;t ""' ef
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LEGIWATCH CUBA TRACKS PENDING LEG1SLATlON·RELATING TO CUBA: STAT U S AS OF O l /03/96
j·
REJ.EYANT PROVISIONS
BILL SHORTIIILE
s. 146
S. 269
Americas Free Trade EstA.btistl free h.ulc will! Cnbti once ficoo om
liti been J"C$1occd ia C11ba itllk1 U.S ?fopcrly
Act
clltlms h,-we bcal n=&\'Cd
lmnaigJ»nt Comrol
ltepcal the Cl, ~fl A<ljuslmcnl AcL
and finaacial Re-
SPQN.WR~: 00:fflMiWBS
_;_
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Gra1m (R~
TXJ -.
ln Scn.itc _· -_.
-
No Co--spomon
DATI OF LAST ACOQN
STATUS
Referred to Si:natc Cocami<lce en
H,Janee
·- ... -.
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Of!041')5
·- 0
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l-R
Passw as imcndcd by Se1t11Ce Judici-
J-D
Simpsen (R-WY)
lflScmAe .
ary Sabcoannittcc on fmmigmron,
SfO"Sibility Act of
re~,rod to foll Co1111niuee
1995
::J
06/)4/95
;:. _,
r··
Judiciary
011
1hc
S. 381
Cubarl Liber1y ood
Om,,ibus k&islatioo geared et slrc~th°'ing
l lcJms (R-NC)
J1--R
Ucari1tgs hck! in Soo~ Foreitn ~-
(See
Oi:mocratic: Soliclarity Act or lWS
(he COlbatgo, prok(:titlg U.S. proJ>C11Y 1igh.ts
al>road, i:md pJOTiding for assisli!Q« to a
lransit)()lll!J and dcni:otr.11k u,~
f,- Senate
... l)
btioos SubcorM>1incc on We5ttm
ILR.
m,
S...908
06/1-4.195
l kmisphc:rc M>d Peace Corps Affwin
~.
fuu:luslOn ef alicCIS who hnn confiscalcd or
Forcigii ltclllfions
Rcvitalilatioo Ad of lfflffic ia property daimoo by U.S. nalionals
Helms (R-NC}
In Scaate
No Co-sponsors
Mad1R-fl.)
Iii Scllilk: ..
Senate
4-R
1'>9l
S. 92S Cor1grc~oon11l notifi - Require the President 10 l!Kl4ify 0>11trcn if
(Same ~ion of conc;u:is
U.S . government is negotillting with tbc Daas H.R.. witll Cul:>111 govcm- b• go\l<:111:Clcnt lo norm_fo;e relalioos
a
1909)
mcrn ofli<:iJil5
-.
Smmigratio11 provision 4troP()ClJ from
bill; incorpanled in!o UR. I ~6 t;
]>aSml Sarate; Confcn:cs appofo1t.d
12fl4M
Rcfcrrcl 10 Seltale Commintt
forcign R.clatio11s
Sen.ie
Wl5'95
oit
-l
1-D
Ho11s.c
Sccanas (R-FLf _
ln llo11sc .
7-R
.°"' :°. a
.
11.R.
82
A Bill to oppose
Cuba's admission to
m1erl\al ion al l'Ltlllltt:ial iu:s!it111ioru
Orrc>se Cuba's admission to intcH1aliunal Dil\z.-Dalan (R-FL)
financl1I insfitntions: until Cuha !\olds free
In House
No Co-sponsors
(,J
(,J
R.efc:ue-4 io Uo11se Commiltec: cm
01/0iU"yS
U1
. I.D
. . ··• I\)
._ U1
H.ll.
l4
Rcferrec\ lo House hldiciar,- S-.b-
· ·
oorurnlm:c or1 Jmmigr~iai and
CJaims
W-lllmotc!mg or co.
No Co-spoosors
Prohihil :st1p imports ffom coonlrics
dial irn J>Ol I sogi.v
-,J
Banlcmg a.wl fio.-i:al Services.
No Co-spoasois
. intu-M1ian.11 financia101ga11i2.111ions
~
nouse
09121191
Deny visil.5 li:t aliens Deny YiS83 kl aliens immfvcd n-i1h or tra:r- Piaz-Dalan (R-FL)
tnltlkking i ri <:Xpro- fick i11g in Cuba's exyropej.ii 011 of r,ropcrl)'
In H Clll:S:.. . . .
priflk.d U.S. proiicrty
Uni1ed Srat~ persons
'• ·•
tribal ions to ccrlain
I.D
a;ncl fair d«I ions
or
JLR.
B3
r
Offered 1md wilhtlr11wo as an amend·
• ~ to H.R. '127
2-D
HR.
gl
m
:·:·:·. _-:·
.. , . - '
Wi1hhoki ass,cs~i:d and vohtrnary contril>u- Diaz-8::al:\r! (R.-Ft)
1iou of lhc Unilcd S~ to any interoational
in Elousc .
Refoncd to Uol&SC CommiLt~ on
01104/95
Lt
D
z
01/04/')5
Btl!1
km& ;\i,d Financial I~ ihrtions
fj~ial i.nslihllion lhM fomimcs any as-sis••ncc or ti 1iy kind ~ Cutia
en
...
0..0
I.D
en
Co1mlrics ahat import sugar, syrups, And Dm.-llafa11 (R-fl .)
mt1lasscs from C'llbe shaU 1101 he allowed 10
Ii, llousc
e>1 ~tt s11eb product!. the Uftfled S1111es.
"No Co-sponsors
,&
Rclcrrcd lo llollsc Commilk.: on
Ways and Mca11S
01/04195
...
rv
U1
en
ftomClllia
-u
3
11 .R.
367
Rqx:.it of lhc Cuban
Democu~y I\~ of
\')<)2
Rc:pc11l 1iac Cuban l}ea,lOCJl!C)' ACl of l 992
Serrano (0-NY)
in Home
H-l)
0-R
2-1
Refrn-ecl 10 [loime Comm ltlec 1>11 ln1 -.icxiru1I Rdalions
er
0(/04/1}5
-u
co
�.
·,
RELEVANT PROVISIONS
lllL1.r SUQRTICTL6
Sf0N50R
CO-SPONSORS
STATUS
l>ATR QF LAST ACTION
.,
~
0-D
12-R
foilllly rcfm'Cd 10 lhe House Com-
01/1319~
;;o
II.R.
Freedom ;nil Scfr·
l.Jc:lcrmioarion for
lhc Fonner Sovk:t
Unior11\ct
fottign ~ ro R115-Si• if RlWia
provides intdl~nte ittfCNmatron lo Cllb.l or
lechnic.M ~ rdatin~ tQ the signal in,ctlig~ racili1y al Loordcs
Solotaoo CR·:):IY)
Sl?
~rec Md lndqx:nd,::at Cuba Assi st1:1ntc
Provide ~ e lG -a 1rrm:silioo:J ood
4.'.cn1ocrntic Culmt Govcmmc11l
Menendez <D~)
.4
:.·
~
:. i
H.R.
611
IJeR)'
11oosc-
{n
ln
llll
88)
lkouJi . ·
Rangd'(~ff\S
· IJ -D
O·R
.
H.R.
Cuban J.ibctty M)d
n1
Dt~atic Soil<18ri1y A« of 199~
:
7-R
i1tf~c\
Rc1!C::1l !he cmbi.rto on lmde witla Cub:,
·.,,
~
11-D
~.: :..
fr-cc Trade With
CnbaAcl
Omnihos kgisL'liion aimc•1 31 st,c:nglbcning
lhe <mibargo. p:olct1ipt: U .S. fl~Y rigks
atlroad, 21ml ptovimng for as..<islancc 10 •
0
!Y
....
the Co1T1111il'lee on llimkrng 3IMl Fi·
ooncr:tJ Stlvk:c.s
.. : .• .,
J\,;l
mittee on h1rcme1ional Relali0tts and
:~
:~-.
Burton {R-JN}"
l 11 1wusc'. ::
9-1>
3'1. Jl
:J
If)
Joir1dy referred to 1hc HMtSc Commitkes on lnt<:mationul R.dac~.
W.iys and Me.'lri$, Ut1n lliug and fi001,d..'\J Sa-viecs. ;tnll Agric:na.u,e
01120/95
JoinUy referred ro d,c Commiltccs
on Jutenmtioaal Rtlntions, Ways
:md Mca,is. <..ommcrcc., and GoYat1mcn1 Reform mw O'fmighl
02IC1'Jf9S
l';i::s.::d s:; im1~11ded ia 11tc Uomc; inlrndn~ mid p~d .lS :.wn~,led in
Scnak; Confrces sekdcl
l2/l4195
transitional -a111l tltmotrat[c Cuba
IJ.R..
125~
1.561
m
Rqel {D-NY)
2-D
In House
0-R
American ~rscas P~ mpoosibilily for TV imd fuulio Mimi
lmcrc.su Act of 199S ,mcler lhc Dcp:i,tmuit of Stare :and deny aitl
GJ&.r.:an (R-NY)
t\ct ofl992
B.1t.
-1
tlcduce limi\alions on cqH»1ing food en<t
rncdidnes lo Cuba atMI cJiminllk denial of
ftlfCtgn m crcdil rih reg,m1 to Cube
An1C11~n1 lo tlte
Cuban l>tmocr.icy
No Co-sponsors
In HDils:e
10 forcig11 govcrnmc11~ providing assisl:uu:c
Joinlly rcfcs-rc,J Hl House Cofllrnilk:e
cm Jn1crna1ion11l 1lelatlons llml Commiltcc on Wi,y5 :tnd Means
03/15.19S
raSSC'I, in lfo11si.: as. 11mcmJcd; inrmdvcro ~nt.l pa$~ in Scnllfc; Confer,:.~ 3J>poi lltcd
12/l4r.l.5
Aillelldmcne 10 Ille
Foreign Ass;slen~
r
0..0
......
.t::>
~
--J
(Jl
U)
(Jl
1e>Cftba
11.R.
l.700
0
:J
I\)
/1.llow for ~xport (t{ IDCl:lit.inc.s and mw,cal
strpplics, ~r,d ~ivmci1r lo Cuba
~c:r ( [)-l'fY)
16-D
Referred to IIOl1sc Como1inee 0.11 h11-
In Bt>DSC
0-R
letnroiciri.1l Rewi~
8-1.>
Referred~ B1;m~e Commiltt.c on b\\cmntrOM! Rcliilions
OY24/9.S
l\tl
. I
j·tR.
bs~bli~hmimt l}f
1703
JCl.'-'S
. ·<
Cuba end l1ie Ul>ilcd
~- ;~~
. ·i
1>11~us i11
~~
c•
:\!~~ fo~
JCJ1t1S b1
.::s,at,l~x:nf of news tJU.
and ltte Uniicd Stales
Serrat1-0
\D-NY)
O·R
bHousc
0512419S
~
en
Stales
H.R.
t704
Reinstate th~
aathormlion of CAsb
rcmill tnceS lo Cuba
H.
Con.
Res. 24
Com::ormil
Rt.solutiori
~
......
Rcinsf11tc tbe aulbori2a1ion of C3Sll n:milunccs to faniily mcmlicis in Cvba
Sc,rraoo ll>-NY)
la House
it
~lli11g oo Ifie l'n:sidc:ilt of lhi: U.S. to seek Diaz-B:.lar! fR·Fl.)
II mandatory mtunMiQMI c::mllargo 00 Cuba
l11 House
in nae Unikd N:ttions ~cwity C..Guncil
~~~· :.
u~ Comm ii tee on hi-
8-D
Referred
O·R
().S/24/9S
10,mtiortal Rela1ions
10
0..0
0..0
en
......
No C0-sponsors .
'°
Rt?fc,rro HottSe Colnnli11c1: on'"·
((tnalional Rc.~ iom.
I\)
{J2/07/95
(Jl
--J
-0
3
-0
0..0
,:::
�FROM
Robinson
TEL: 914 337 5952
JAN. 6.1996
12:57 PM
P10
\ r .~ ,
,, .
d '' '
.
...
·''
Major Provisions of ·HR 927 Draft Conference Report
(emphasis on changes from House passed version)
•
Findings
Standard stuff. No changes from House passed version.
Purposes
Nothing earth shattering, Senate passed language.
Detlnlt1ons
Reference to Ways &. Means eliminated from appropriate congressional committee
definition.
Definition of "official of the Cub.an government or the ruling political partr in CubaH
narrows the property tha.t is subje~. to the r}ght of ~cti~n in .Tit/(i Ill. Exempts a( residen~ial
property unless there rs a certrfred cla,m or It ,s:: being used by a high ranking
government/party official.
Title I
Sec. 1 O1: House ·a'nd Senate language nearly identical. On~ significant change .is ·that it · ·
srntes th~. · anx . ou~rnigratiori qr any operatioo of Cienfuegos nuclear facility should be
!
cdniidefed an act"dfa·ggressiori by Castro.
i :•,, /,· ,', ; ,:-,:,:·,l ,) ''.
:.1)Wf:,:. •:'·'
1."·., ; ; ' ;
· . · • ,v .•· ' : ., ·. · ·· .:
·
' · · . '•
,·
·
.~· · ' , _:.l,; ,, ' ·' ·'. ·,~· ~; ·, : ~,
··~ •,
Sec. 104: Walks ba.ck from House position of supporting Cuban membership in !Fis during·
a transition. Allows President to support Cuban application during transition as long as it
doesn't take effect until a d~mocratically elected government is in power.
Sec. 109; Adds provision mandating thatthe President t~ke all necessary steps to ensure that
democracy assistance does not reach the Castro government. Provision could jeopardize
President Clinton's October 6 policy.
Sec. 110: Restores essentially empty rhetoric on Cuban sugar importation. Ways & Means
objected to ~
imilar language in HR927 when it was being considered in the House.
Sec. 112: Sense of Congrass langu.age on restoring unrestricted family travel and remittances.
Urges President to demand certain actions by Casuo government before restoration.
Sec. 114: Hopelessly complicates the issue of redprocal news bureaus by insisting that
Radio & 1V Marti be allowed to operate within Cuba without interference from the Cuban
government. In effect makes U.S. once again responsible for blocking establishment of news
bureaus.
Title
n
Sec. 20S: Merges House and Senate constructions on criteria for determining whether a
transition government is in power. Sets numerous hard criteria: all political activity legalized;
all political prisoners released; security apparatus dissolved; committed to free and fair
,
:,; ' ,._.::-.
�FROM: Robinson
-
TEL: 914 337 5952
JAt". 6. 1996
12: 58 PM
P11
!
,.;;;;:;.;,,c:..::,,~------·-·r:-,--,_,,,_,,,_-·
,
'
<
elections organized for .within_ years; ceased Interfering with the Martis; Fidel and Rau!
Castro ·excluded; pubfic commitments and demonstrable progress ·made to estabfish
independent judlcia,y, resp~ct internationally accepted human rights, . and allow
establishment of labor unions; given adequate assurances that it wifl allow the speedy and
efficieot distribvtion o( assistance. Sl'!ts out further "factors to be considered", including:
effective guarantee of freedom of speech; reinstatemerit of citizenship to Cuban-born
national retum ing to Cuba; assurance of right to private property; taken appropriate steps
lo return or compensate U.S. citizens for expropriations; extradit< all persons sought by
~
U.S. law enforcement; and permitted deployment of human rights monitors.
Sec. 206: Retains conditions in Sec. 205, while adding those found in the House passed
Sec. 206. Retain ing 5¢C. 20S means that while the Congress hails the right to self~
determination of the Cuban people it won't provide assistance to those people lf they we re
to choose Fidel or Raul Castro as their leader.
Title
m
Sec. 302: Contains several modifications that give an advantage to the 5,911 certWed
claimants in cariying out the right of action:
(1) Rights of action takes effect for certified claimants- 6 months from date of
enactmenti does not take effect for the non.-certiried until two years later.
(2) Gives certified claf man ts immediate recourse to treble damages in bringing their
right o( action, requires non-claimants to give those whom they wlll sue 30 days
prior notice in able to seek treble damages.
I
.
I
·(3~,-Establishes~
pdority. payment to certified claimants if courts ·,decide {(l,.C0n$.Olicl.au~,r ~,· ''. .,.·.,·.·.,. ,.··: 1,:,·
· ,. · · J·u·,J..,e.,...er1ts ··,,,1· ,,., · •1 •• • ' ' ., . ,. ·' • · · • · ..
•1 ,,. · •. • · ·- ·· · ··. • • ,.., •• •• , •• ~ ~, .·,·1(, 1'• ·1·· '· •• " ,.., ( ·,. · ·
, ..
Uo
,q
,:
·,i
,
111
•
.'
.
• .
,, ··< ' "
' '
, .
'
'r
.
I
'
~.
I
.. . . ' ,. ,
: · :1 • -,:· .
•
•, ,
' 1
' /f J (.,... ,{.
Establishes $50,000 threshold of amount in controversy for bringing a case. Does not specify
whether the $50,000 figure is the value at time o( expropriation Qr today. ·
or
Allows suspension
right of action once a transition is in power - subjed to President's
discretion. Terminate right o( action, but not pending lltigatfon when a democratic
gov~rnment comes to power.
Mandates the establishment of a filing fee for the exercise of the right of action.
Title IV
still in controversy
I'·
.
l... ;: ·1 ;· " •
.
,r
�
Dublin Core
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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-1286
Title
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Letter and background information about arrangements for a trip to Cuba from J. Bernard Robinson of the ABC Forum on Cuba, Inc. to John Weinfurter, Congressman Moakley's chief of staff.
Date
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6 January 1996
Creator
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Robinson, J. Bernard
Description
An account of the resource
Includes information about travel restrictions and other aspects of US foreign policy regarding Cuba.This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
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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.
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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
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Text
Jan-06-96 07:20P Am Bus Council
on Cuba
(202)
543-5177
ABC Forum On Cuba, Inc.
113 Fourth Street S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543-5177
Facsimile Transmission Sheet
To:
FaJ, #:
From:
Jow ld€11o1rw2.mz -
o.ffi'M:!J:;3m,~
~z_.. Zt'i· 3~&'(
Michael Ryao
Date:
Re:
Number of Pages Including Cover Sheet___ _
(
P.01
�Jan-06-96 07:20P Am Bus Council
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)
543-5177
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
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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-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
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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
A related resource
<p>View the <a href="https://www.suffolk.edu/-/media/suffolk/documents/about/moakley-archive-and-institute/moakley-papers/ms100_pdftxt.pdf?la=en&hash=97CD508C4A7F337052ABBE22F85910A0E44681B1">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p></p>
Cuba
-
https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/854112691415f9d438cc3e9adf18c7aa.pdf?Expires=1712793600&Signature=aej8RMo%7EYKKo8MOb64T%7EwP3LWz0LASo7xF8VevNLHq8bz3UOQv%7ErHerql-9IgNLqELPI2Nej70CouijxGEIXxZkbQNiydllQUEmmoX%7EYga6Wl6vZbKUR%7Ek-ru8ycD6Ny13zgEUk6%7EJg0%7E3NHiOTqYvSEgeb-SXR8puaXsSQojWadvPeA6mkKYt%7EmzMfH5InMxut2SMahfaoMiJOcjtG4Vlig9-wYxlNQEfbI6K0ZBdQ2ztdTrSFy17i-mctzkJGi6AvKOaBdWXrJ80Cnasz5sgfENR349BauLthS5JY%7E0qgY9JSEf81cmHu2rJj9mOkM4wi6z7EAxlE32fv36K1Etw__&Key-Pair-Id=K6UGZS9ZTDSZM
78c33dc0b68728dfae0f199e90400995
PDF Text
Text
Jan-16-96 10:54A Am Bus Council
(202)
on Cuba
P.Ul
543-5177
ABC Forum On Cuba, Inc.
113 Fourth Street S.E., Washington, DC 20003
Tel. (202) 543-3210 Fax (202) 543-5177
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fOREIGN ASSE'!S
543-6177
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DE~ARTMENT OF 'l'Ht TRio:ASURY
•
YIIASklNtl'tON
OFFICE OF FOREIGN ASSETS CONTROL
1500 Penn• lvani& Ava., N.W.
Annex B d9., 2nd Floor
washinciton, be 20220
1
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(including cov~r-;Ji;et)
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NUMBER OF PAGES
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OEPARTMENT 01" THE TREASURY
•
WASMINGTON,
c,.c. aoa:ao
C-18167a
Dear Mr. Ryan:
on ~anuary 15, 1996, the ABC Forum on CUha, Inc. ("Al3C") received
a license !rom the Oftiee ot ForQign AssetS1 Cont:t:'ol ("FAc 0 )
authorizing transactiQns related to~ conferenc• sponsored by ABC
in Cuba entitled, "The United stat~s: aT'ld C\\ba:
A New England
Per~peetiva," In addition to autl'loriz:tng the conference itself,
the
license
authori~ed
the
trav~l-relqted
transactions
of
participants in th• conferance. This license was issu~d pursuant
to S 515.574 of the Cuban Asaets Control Regulations, 31 C,F.R.
Part 515 (the "Regulatioru: 11 ) , a new provision entitled 11 Support for
the CUbc1.n People," which a:t't:iculates a l:>&sia for authorizing
transactions that are intended to atrengthQn and foster civil
~oci•ty in Cuba &nd p~omote independent activity.
You indicated in a number of ~ubmissiona to FAC in support of your
license application ~hat the partioipante in the confa.rence w~re
co:mmitted to exploring• variety or possi~l• activities in Cuba
eonsis't.@l'lt with th• purpose of S 515. !574, that ia, providing
support to th9 Cuban p~opl$.
Acuu~ding to your representation~.
tha~ is the sole put:posa of the trip. We huve agreed to lic8nse
the conferanca based on those ~epr~sentations and your assurance
that no other activiti~g innoneist~nt with tha inte~t and purpose
of S 515.574 will be undertaken.
In
ABC's co~nsel, 3. Bernard Robinaon, dated
he indicated thl\t ABC wo1.1ld like to conduct
additional conferences in the future.
Whether ABC will receive
a
letter
January 12,
from
1996,
Ai~ilar licenses in the tuturA will d~pend on the •!fectivenegs of
this conference in launching licensable initiatives consistent with
th• Regulations. We look torward to dii;;cussing the conf arance wi t:h
you upon your return and after the filing or yo~r written report
with FAC, In addition, we will discuss with the attend~@s th~ir
participation as well as t.h~ir futu~e plans for projects in Cuba.
~~lr,/)~
Richai.-d Newcomb
irector
Offill~ of: f'oreign Assets Control
Mr. MiehaQl J, Ryan
ABC Forwn on Cu:bc1, inc.
113 Fourth Street, S.E.
Washin9ton, DC 20003
Enclosure
�Jan-16-96 10:55A Am Bus Council
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on Cuba
( 202)
543-5177
I-"• U<f.
141003
tVUJ.~i'C A::>::>t.l's
DEPARTMENT OF THE TREASURY
WA:SHINGTON, p .c;, 20220
Liaense
LICElfS•
•o.
C•llld7a
(Granted u~d•~ ;be autnarity of SO u.s.c. App. S(b), 22 o.a.c. 2310(•), 22 u.s.c. 6001 ~t.
seq., t~ecutive order 9193, Executive order 9989, Proclamation 3447, and 31 CFK Pait 515)
Kichae1 J. Ryan, Jaaes KcGovorn, J. Bernard Robiusou
To:
(th• "Licen5eea")
ABC ForulD on CUba, · Inc::.
11~ ~ourth street, S.E.
Washington, o.c. 20003
Attn, Michael J. Ryan
1.
P\lrsuant to your application cf Dece=er 13, l99S, a11 suppl4!tl'lented January 2,
Janu~ry l2, and J&nuary 14, lQ~6, the trlU\•&ct1ona de~cribed fqlly on Paga 2 are he~eby
liocnsad.
2. Thi• lii;;•m,e ia grant.~d upon the a:~atemente and repres•ntations ai.ad• in you.r
.~lication, or o~horwiae filed with or made to the Tre&aury o~par~ment a•• suppl~ent to
your application, And i5 aQbject ~o the conditions, ata0ng others, th&~ ycu comply in all
~espects with all t•oulations, rulinga, orders ~nd t~•tt'Uctions issuect by ttie Seoret~ry of
the Treasury ,mder the a.l.lthorltt of section 620(a), Pu.bli<; Law 87-19S, er under the -lQthority
of &ection ~Cb) ot ~he Act of Octoh~r 6, 1917, &• a.mended, and the ter«1e of thi• licanae.
3. The lieen••• anill.l furni.i5h and make available for i.napgctlori 11ny rel~v~nt j,nfgrmati.ot'l 1
reoorde or reperte r•(lU••ted by the Swcrcrtary of the .reasury or •ny duly autho~i~ed officer
oi: agency of the seereeary. such record• shall b• rNde available for exam.in~tion l.lpon d~and
for examination upon dal'Q.nd fer at btaat S yeiU's froai ~hv date of the license. 5uch racor-d&
shall clearly ~emo~•trate the applicability of tha authoriz&tion ~et forth in $!C"rION l
abov•-
4, Thi.fl l..i.~enae e.xp1ras on January 30, 1996, is not tra.nsfer&ble, ;i.a •ubject to the
prcvieione of Title .31 , Part 515 of the Cede of Ftl!deral Jtegulation•, and any regu1.uor1e and
ruling~ issued purauant th~re~o &J'!.d m&y be revoked or modi~i•d at any time at the discretion
o! the 5•cretary of the Treasury .ctino directly or through the &gancy throuqh whleh the
license waa igaued, or &ny gthar agency deeignated Py the S•~retary of the Treaaury. If this
license wa• ia§ued as A ~wault of willful misrepresenta~ion on the p.rt of the appl~cant or
hie duly authoriz~d agent, it mAy, in the discrat~an of the secretary of the Trea&ury. ba
daclarKd vo1~ tr0111 the date of ite iaeuance. or from 8.J'\y other date.
!. Thi• licen~e doea not exeusv eomplianc• with any law or rs9',1lat1on adJniniGta~~d
by the oltice of Foraign Aeeet8 cont~ol er 4tlother ag~cy (including ~eporting requirement)
apflic4'ble tQ tha tran,action(s) h•rein lie•nsed, nor does i t release the ~ioenaae(s) or
third pa.rtiea from eivil o~ eriminal liability tor violation of any law o~ regulation.
I55Qed by direction and on behalf of the
�Jan-16 - 96
10:55A Am Bus Counci I on Cuba
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- Page 2 of 2 -
Kiohaal J. ~yan, Jaaea McGovern•
a. ••rnar4 Robinson
a) Thi$ licenae autho~izes all transactions rela~ad to t:h~ sponso~8hip of
a conference in CUba entitled, "The United stat~s. and CUba:
A New England
PerspQctiva"
(the "Ccnflirence") t o ~ h~ld Jahuary 16-19, 1~96, pursuant to
section 515,,74 ot the Cuban A.Ssets control Regulations, 31 CFR Part 515.
b) Transactions incident to travel to, froJa and witnin Cuba arG authori!ad
fo~ the duration or tho conf~r~nce (•xcluding departure and arrival days) for
the following Conterence participants;
~
t-lDLl.)~
James L. Ackfll'man -
Pat~r
JMnes
c. Aldrich
~~
.
~
D4 1 ,
e(""'t, t-
Ar•na-Oe.Rosa
Ka~ryn Burns
Leslie 8WDstead
Michael Delaney
Leonal C:omez
R.D.S. Grea1'1way
Richard Hartman
Anthony E. Malkin
Jonathon R. Malkin
.James Mc:Govarn
Sydney L. Killer
J. Joseph Moakley
.John Pattillo
Gilbert' S, Peirce
Praxed~s Rive.ra-Fer~er
J. Bernard Robinson
nrian G. Rothwell
Micha.el J. Ryan
John A. si~ourin
Regin11 M, Villa
11 ± 18l LB flu•
Donald Wertlieb
8BCTIO!r I
WUlaJJG:
This 11c•nse does not lluthori2!'e th~ contl9rence
partieipAnts to engage in any transaction~ or othc~ acti~ities inconsistent~ith
seetion 515.474, 11 support for the Cuban People ...
* * * * * * * * * * * • • * • • * • * * • * * * * • • * * * • • * • • • i
�Jan-16-96
10:55A Am Bus Council
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(202)
ruu1v~ A!>!)t:i~
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On October 6 of thi~ year. Presidenl ClinLon announced
:i number
of measures intended
to further lhe abilicy of individu~I Americans and U.S. Non.Governmental O,·ganiz..itions
(USNOOs) to contribute to the strengthening of civil society in Cuba. Among these in~u1~
was the decision to create a new license category in the Cul>a11 As.sets Control RtfHlarion~
based 01'I the provisions of t.he Cuba Democracy Al~I of 1992. On o,tober l) the Tr~ury
OeparunMr. i~s11ed teg1.1lation Sl5.S74 b:ased on the "Support for the Cuban reor,te· section of
the Cuban Democracy /\cl. This new regulation allows for tilt i:s:suance of specific licenses for
transactions related to acti viLic:s thai will suppcm the Clevelopment of civil soc.iecy in Cuba .
The liceMe category broadens the ~cope of licensable activities beyond that which may be
permitted under educational, research and hum,mitarian 1eguhnion.s.
The Trt>.,m,ry DepartmenL has authorized by general license commodity expons that
have been licensed by the Commerce Dcpartmerit. A Departmenl of Commerce regularion ic;
planned that will c;;over con1111uuity txpons to Cuba when $11c:h exports are <leemed ro
colllribute to the same p11rpose for which the new Treasury regul~tion w~ is3ucd. However.
until this new Commerce Dep3.rtment license is iuu~d, applicants foi: Trc~ury licenses under
the Support for the Cuban People license ,alt:~ory should he aware that the Commerce
DcpanmtnL can only licen.~ exports of c;ommodities allthol.'iied pursuam to present regulations
permitting educational. religious 3.nd humnnitarian cxporL'\.
The
License Regul~tion
Stcdun 511 ..574 Support for the Cuban People reads as follows:
''(a) Specific licenses may be issue<l on a case-hy-ca.c,e hl'sis for
Lrausa.clions intended. tn provide support for the Cuban people including.
but not limited to. the following;
(1) Activities of rttognii;ed human rights organiz..atinm,; ;im()
<2) Acrivities of individual$ and non-governmental organi.z.ntiom,
which promote independent ilctivity imcrtdcd to strengthen civil
society in Cuba.
(b) Lit:e::nses will only he i'-suec:t pursuant to tll1s section upon a cle.:idy
aniculate<I showing thal the proposed ttnnsaction~ arf: consistent with the
purposes of lhis part and that no significant accumulation of fund!! or
financial benefit will accrue to the govemment of Cuba.·
�Jan - 16-96 ~Vl
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ru&1ui, A::,::,r.f~
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141006
2
The Application and Revle.w Proc~
Applications should be .submitred to the following address:
of the Office of Forei1n Assets Comrol
Department of Treasl•ry
1500 Pennsylvinia Ave. N.W. -- Al'ltlex
Washini:ton . O.C. 20220
phone: (202) 622-2480
fax.; (l02J 622-1657
Director
Appli<;ations for an OF AC SupPQrt for the Cuban People kens~ will be referred by
the Department of Treasury to the Dcpan:mem of S~te for interaietwy review. prinr ro issuing
or denying the licen~e .
Lic~iue applications shoutll include information concerning:
- Description of the U.S. applicanr . including relevant exJM,tience:
- Description of the Cuba,, counterpart organization:
DescriptiM of the proposed activity . including proposed travel, commodities and
financial transactions~ and
- Description of proposed monitoring and evaluarion arr:ilngemenl!) .
Support for rhe Cuban People activi1ies may includ~ technical ~sistancc. training.
financial assisbmce and commodities . If r.ommodities
included. a Commerce T>~partment
license
.m~
should al~o bt: obtained by cont.acting lhe fQllowing:
Office of Exporter Services
P.O. Dox
273
Bureau of Export Administration
Department of Comm~rce
Washin~ton. D .C. 20230
phone: (202) 482-4811
fax: (202) 482-3617
Review Consjderations
The following are some of the. main facturs that will l.Jt: cun:,idered in reviewi1lg
applications:
Groundwork
Lieen~ applications requite "a cl~.:trly articulated showing " t:mit the proposed
transaction~ arc consistent with the lerms of the regulation. foor most acfrmie-s, this win
require the applicant lo be r~sonably familiar with the targ~t group itnd the realiries of
operating in Cu'oa. Other NGOs that have oper~ted in C\1ba provide an excellent source of
informarinn . Prospective license applicants who would like advice on their proposed activities
�·.56A Am Bus Council
Jan- 16- 9 6I •ulo •• . ...
, , ••
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(202)
54~-oi//
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prior to formilly svli,itini a license may contict Kevin Sullivan 1n the Department of State's
Office of Cuban Country Affairs at 202-647-9273 . You may also cuntacl the CO-(hairs of the
Supr,ort for the Cuban People: Interagency Worki11,& Group -- Peter Orr . Senior Adv1sor for
the Lalin Am~ric::1t1 Bureau at the Agency tor International Development (?.02-647-915S) and
Michael Ranneberger, Director of Cuban Affairs. Department of State (202-647-9272). In
many insta!"lces the applic~nt mayl need to visit Cuba in order to develop a project proposal.
Travel licen~~!. will b~. iranted for a limited period of time for organizations and indivichials
that need lo condl1Ct an on-island assessment to develop the specifics uf a :svumI Support for
the Cuban People activity. Licenset:~ at~ em:ouraged to vi!.it tin: lJ .S. Interest Section (r>hone:
537-320~551) for additional infmm~lion that may b£' helpful in conductins their re!;earch and
<l~veloping their proposals .
An important: &ctor iri licensin~ detcrminiition~ is the degree of ;issurance that the USti
can have thal llu! applicant has th~ wherewithal to ensure that the rroposed activity will be
c~rried out as described 1n the license application arid consi.stent with embariO t'C~ulatio11~. .
Prior experitmce with the type of activity proi:,oscd aml/ur pnor experientr. ;ind ramiliarity with
Cuba. whilt uul an absolute r~ui1·emen1. do icrvc to indicate: rhat the applicant has lhe ability
to effet:tively c:arry out the activity in Cuba as proposed. Clearly some activities would
demand gri:ater experience than others. The applicant's pJans for moniroring tht ~crivily ;tnd
ensuring accollntability will also be an in,poru,,t con!>ideration in the review process.
Cuban Counterpart Orjanjzations
Wheth~r a ()roposeu activity is considered co promote the purposes of the Support for
lhe Cuban People regulation will depend in lar2e part upon the designated Cuban cou,U~fJ>aftS
and/or beneficiaries. R~cognized Cuban human riehr.~ (lrganizations are specifically mentioned
in the regul:itiori as an eligible category. For thesB org.inizations and other truly independent
NGCk, ~uch as c.hurches ond church.affiliated organizations and iml~pendent professional
organiutions such as the indcpt:m!~ni economim. a fairly hroad range of assisunce will be
considtr1:d !or licen~ing. There is no ambiguity m che role th..t these org1nizacions have in
stre.ngthening civil society in Cuba., and the U.S. Ccr11ernment particularly encourages support
co them . Applicant\ $hould understand ihal many independent organi~tions in Cuba are not
officially recognized by the Cubari Government.
On the other hand, there art: a httxe number of ora,ani:n11ions in Cuba that are classified
by the govcrnmcm of CV·,A as NGOs. but which to a greater or lesser degree arc affiliated
with and/M controlled by the government. Some have been established t,y the governmMr 10
pursue the political aims of the goven1rn,ni or to anratt exro>:i-nal assistan,;c. Within th1s broad
array. ciffcrem org~1li1aTinns evidence varying dewees of inde>piu,dence of thought and action.
With tht aim of promoting a diverse civil society in Cuba. the USG will consider
a-policiltions for assis~ncc that may involvt!- the participation of 2overnment-affiliated NGOs
where ther1o is evidence that rhe particular organization demonstrates a degree of independence.
�Jan-16-96
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Given lhe conn~lion of these organizations with th, Cuban Government. it becomes
particularly importnnt that tho license applicant's propu~ed projecl clt:arly and credibly
contribute to furthcl"ing the independence of tht Mg.inin,tion. or of the group within th~.
orga1,i7..\tio1'1 lhal ii; involved in the ac.rivity. A hiiher degree of monitoring by the applicant
will also be necessary when undertaking an activity with a COUt)~rparL organization thar is. not
truly indepe,1di:;11L Lic~n~i;es may be call~d 11por1 10 subsequently provide ctocumMt~tion to
confirm that the te.rms of the license were adhered to.
:Ptornotini lnslependi;:uL 6,cLivitv
for a Cuban civic organization thnt is already truly independent. vi1Lually any
assistance activity that would stre.ni\ht:11 thaL organiution·s ability tn cnry <.wt its manaate
would :serve che purpose.; of str.engthe.ning civil soc:i!ty.
c
1:or an organization thal is subject to
a de&r~.c of govemmerlt control. th~ proposals must col"lvincingly demonstrate the potemial Lo
increase the auronomy of the orga.niucion. Potcnlial acdvities eould be ,iimt!Cl at increasing the
sdf-manag~menr of and pluralism within the organization or al reducing: its dependence on
ideas, initiative and direc.tion from the government.
Activities by nonprofit l JSNGOs to promote independent economic activity may also be
considere.d for approval under the Support for the Cuban People license reiulation. Examvl\\:~
uf potential beneficiaries include the self-emptoycd. ptivalt: farmers , and young. r~oplt!
interested in trainini to \.)~(;umc r;nrrepreneurc;. Consistent with the embargn. however.
U > S > commt"n:ial entities will not be eligible for such licneses.
For the puq:,oses uf licensing Sur,ron fot the Cuban P~ple. ''independent activity"
mei~~ activity that is undertaken :at an organizations's own initintivc and that i:s not directed or
controlled by the Cuban Government. lndepenrlence does not requir~ that a Cuban
organi1...1tion take any outwanJ position of ~l'itici~m lowan.J the Cuban Government. Jo the
context or the Cuban Government's restrictions un free e~pression and ass.ociatiOI\, however.
~n org;ani7~'ltion 's willingness to articulate ideas that ~)' not accor<l wiLh official g(')V~a·,,rnenr
positions or communist parly docmne i~ ceruinly :.m ir,dic.ator of independence.
Minimizing Fun% to the Govcrpmel"lt
Diretr uansfers of funds ·to lhe Cuban Government or its agencies to conduct activities
iencraliy will not be licensed. Hotel expenses. the purchase of es~eutial pwject commodities
in state stores. and customs duties are examples of expenditures that would normally be
normally be permirccd. Applicatiom should co#,:.ain cost estimates for nil financial
transatrions cove.red by the license request and should include the m~ans 1,y which fund~ will
he transferred ro Cuba. Whethei the prvposed activity ·proviM~ a significant accumulat11.m of
fuuth or financial benefit" to the governmenc of Cuba will be determined based on the merits
and reasonable needs of the activicy.
�543-b.l//
5
The,e guid~li11ts wue pr.p:i.red under the d1~c1ioa of th~ S~iil A,h·isor t..'.1 lhi; P1e)mle11l ..nJ lbi,;
s.cr.ury of sr.:.tt for Cu~ by the Suppon for ck~ C11\,;in People Interagcncy Wni·ku1,: Owup. The
W01"k1ni;: Group is. ch1ired by the Oep.al'!m.:nt of State ,md A.LO. and°i11cludes rc:;vrl-"St:nllllive~ from
thl'. N~C. the Departmetll$
of 'rre.uury arid Commom= .i.nd USIA.
�·57A
Council
Jan- 16 - 9 61 ~0lo.~i;JJ Am Bus O~llOOW
u~1io
"0"1f ~u~
on Cuba
(202)
543-5177
t" • .l .l
~010
.. ......
• U" .. lvl"I A::;!it."!'S
CUB
.
a B&elCGftOUND • Tl'QWI lO Cuba ia ~ ~ e , : I wndar the Cuban
luialli Con1rOI R.,.._ (lhll "flllgu.lailMi1 proffillJedlld u1"1$1The l~ng
Wllh T'tNJ Enemy M. UfliN>r ~ ~ I l l . I, spencit19 "°'lft'I n,lalil'lfl lo
Cubantlllvoila~!llblt.d~ cha ~.iotk. btiMd. TM r • ~ • inckldv
'°
wa
~ moMY (1ft enr CMftftllY) whau- in.ve11r1 g6 dlNld/y cut>.a qf
a IN... eo(•Mry and pfOIIMi~ ~ - ol atty kind la c ..i,,. Of 11 0Jiian Mtonal.
Any,.....,, in ate UnltM Stau, r t i t ~ ol Cliliunwhip. It , ~ tu thGH
resbktiora. c«mlnal~brlll~ llo ~ulalllomwhichlll'9 tonforc.sby
'Tlle ~ ~ 1110 T,... u,y, Olk. vi Fllfllign Aaln conttot ("OFAC1,
,...,.ta 10yoarel111 tM(oon. S1 ,OOO,OOOin~anclS2'0.000iniodi~al
Ines. C i v i l ~ ~ wi,Q,000 pervloldo11 fl*i aho he i ~
•WHOCANQO•TM~owingtn111elenBN1euthotlt«1. vnderOFACtc.nMt,
eft9aia-in~~814onw whillil it, C..-:
O Jo..,m~ (<11s,u'-'1iy . mployed In IH• ~eicily ~y •
o
i.,
-~0~11):
.::.t OfT'K.-ial 00V9mll'19ni travelers (trtlvell'lg 0/\ ul'Gci.al
Q
bwair-•),
Me~... vi international Of'i&nlUliQl'lli vi which Lhe
U n ~ ~ i• also a ma,,..r (tr:1\/0i"9 <>fl
t>l!loal bmnttAA):
a Ptrtotlt iravtlinq 1.l'Pell a y•at to vitil close ralallv•• II\
Cuba tn oi,ou1l11l¥11t.'fl of llllll'90fle hum&llkatlil\ 11-.d
(Gono;oi Uoon~l ; and
0 TnlV~ wflo PIW. ~ ,poem.: liO.naH fram
OFAC
'°
Pfior oo!nt.
• HOW MUCH IIONEV M&Y U SPl'.NT ~ IN CUBA- O""J a.,thari&ad
lnr\l&l-.•hted~. l'nllyapend"pw $100por<SaylottNfrl\lino 11Xpem1u
.+,;i. in Cuba TNs lnctu<lft, but it ne>i ;;.·,.,;Nd HI, -.i<pardluto, for &odQlnia,
trllltlpOMl!on a,,d l'INIS.
•WliATOAl'IK&ftOUGKl'IU.CK•lh•tlbovehted~l'llmay,..~ril~
Unhd ~ wlttl Up~ l100 et Cuban oriain foods for P9f~n~ ~ . taUtJI, A
. , . and 11,1m. (s.dlona 1116.206 Md &1U$0(a).\C) o4 ttle Rfsuld911sJ. IP
11naulhotfz-.d U.S. tra,,.""a te~m !t'llm Cub. wi\h Cot.aft ~ good!:, &uc.'I
9oods, with thu-ption 6'il\focmlltion-1 matef\aK, Mayb. aaiad atCuoto11'1G'
di--.,on. {Seco(I(\ 51tt~ ol lh• R&gulsl!o111J. There . . no NmM wi ~
""f*I • -,oft Of lriJotUNk.1111 . . . . . Sudt ~a» 1W siaU&rM)I
coKw1~fn:1m r..,i.liq.ri vndel'IM !lfflNIVO and such katTllll ai; bQQM. lll!'M . fsiJ1GC
lll'ld C01 May N l>'anapaltN heoly. ~vw, .,._ ~ ~ eo.. .are not
ca~*IIVOlfflaOfttl tnalarials a.111 "'il)'ff Hind.
a Vl;SSEL8 • All ~ m ; Ith baa.rd~. Including Iha_., ~ t bO an
~........i.r, IH b 1 " ~ . 1 9 ~ l l l lravel~~.. inCuba. H
yvu a,a 11ot an ~olfrad lravtlof. ~u rrr11y NOT p u ~ ltlftl;, 11ar IDr
-. ..
-A.
. .. ····· · ··· ··
rr~Mlion. kx9ng, ~ 6r mooriOg 1"1. 111d you may rwt bring tJtr/
~an origin gDOds b.,;ilc to ~o UnilOd Sun&s. .t.11y paym,t(lta II> II» Manna
Hemingway tmtnt•onllYachl CkJb WOl.llclbl ooneiderl.ld a p~itadparato aCuhatt nati01161And~ir, viol.ei.. n ollt>e ~~. VlhaaGtlawnerw
.re prc,l'lil)itad ~m ~Ing t,awlN,, 1n CIA,it whD ,.-,. them "'' P8$M;• if \ho
_,..,... .,nelhawa~fioal"alOlnm10FACa.alhtu1QngNmtobClaS~
Providar tD Cuba.
a ruu. V ..OSTl!:O TRA VELEAS • f rav11la111 whOfla •itptn&a~ :;\tO oovorod by
~ P'"°" nol ai.bjact t0 U.$ . )Jltt<Sl<Gon may not bring_b-91 any CtJ:,sn ori9n
~oods. excopt lor inf..nna1io'll3' mmori&Ja. (Sowon S1 S.~ ) of the ~ 1611,i IIIIC)OnQfQh of tilta rectlivw in ~11 by a 11.Jlly hoattd baveler m.y b.
~byof:ACp,o,ModlM giftia 6f jorrMIH~ .-.d~n110011TQ(11Qal
bonofit 11> C..N. C\if\oms will deQl11 gift,, pendng Iha OYTeomo ol an OFAC
lloansa lfpbtffl.
e.tot. a Qr1"'9 dell:lrmlnlltiqn c.a, be ,,._., aO facts
re'llt'#9d. (Sclc:1iot1 511.544 of Iha,
NttOYndng the receipt qi~ gifl mJ5l be
~~wns).
• llMIJklf!NOCS. 111 caae 01 emt~cin ,.._,.;"IJ ~ tran!WldiOI\S
~JOO Rt .me'1J•l!C)' rllflall ~"'900C)li! Q( l'MCioaJ lraatm-t. tr.velen
Wf'il'dlo
c:antael OFAC at ( ~ 4 8 1 ). Iv dllCUII n.etiSaty autl\olizaeona.
w•
aHUIIANff AAIAN DONATIONS-Thetu isjolnt~.&C 111nd Comrnero.Oe!)llrt.
l'Mfll iU8QOC1 adfftnl~n O\l'llf filOll)Ol1 CH l.. 11,..,.'\anan pedl ID Cuba 10
"1fft ba$1c lllJtorw, ,__.. H"'"' ~rtit &ceflitQ b)' USOOC, OFAC autha,;.u
finll!IClal and O~f val'li.idlona nolal.ld hi lfl• •J1POrt.. Pu~t IO 1M ~
0--sq Ad.. dQnllllons Of food and vitamlrw. to an i"'*"idunl or non-pemf'fl91'1u.l o ~ " " may 11otbo reS111ctt4 11Ql¥f'ev.tr, lhltlllef>Or1 gf medanetand
~SUps,N111tMatbeirpa,:J11Calyliao~byUSOOCptM)'IO~r•. Gilt
p.alUt$ may b$ ~ e d Yno.r usooc ·0tneral UQ8l\5Q Glfr'T" withe;{;', ~.;.:,,,
wfftten g1WOfflft'letlt IOPf'Ovel to ~ a l a CK a,,on-90-rnin.,i~ orgatn•1Jvm1 .
TIie cvrroned tionhmt rnusU10 valued below~.,....., co~n only items ot •
llul'ft&n~ , _... for ~n~ \!ff, and may •lvlbe lor ,...,
Gift
p~w nl:111 " MIida anly Illa followllll} 1\61'11! F<,od, 'ltWrirrs, li99dl,
~l'I••. mtdical supphe1 91111 dew:~. ho~I rupp&a$ aod ~pmtnt.
aqull)menl f~r Ill• l'l~IW$d. dolhine. ~onal hygione ll&m.a, ~nhllry
~nKat\da._sM,fMing~ptn0nland~,IIIOtt,~ei:pp<NWlt,
and e.lU.ln ~ eQ!Apmanl and b•rin lor si.dl eqtiipment.
o,,m;s OF l'OfWCN A55l!T$ CONTRoL
U.S . l)epaltrnfflt Qf h TreQNl'Y
Wu~n.D.C.. ZQZ2'0
20U224520
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Document
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DI-1288
Title
A name given to the resource
Fax from Susan Trabucchi of the ABC Forum on Cuba, Inc. to John Weinfurter, Congressman Moakley's chief of staff, providing a status updates from the U.S. Department of Treasury related to the 1996 trip to Cuba.
Date
A point or period of time associated with an event in the lifecycle of the resource
16 January 1996
Creator
An entity primarily responsible for making the resource
Trabucci, Susan
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
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
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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
Cuba -- Foreign relations -- United States.
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
A related resource
<p>View the <a href="https://www.suffolk.edu/-/media/suffolk/documents/about/moakley-archive-and-institute/moakley-papers/ms100_pdftxt.pdf?la=en&hash=97CD508C4A7F337052ABBE22F85910A0E44681B1">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p></p>
Cuba
-
https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/f5b83325d527fef9c20f45f93cf52551.pdf?Expires=1712793600&Signature=S9-tEWvzwrNQ%7E-%7EFkXs0K-7iUTeP7zeakAFS6LwmkicB1-OWJ1eR3bse%7E4riFfoGAm1TjS8hdVT248fLlwS-6e%7Ed6MEJfnGbs%7EY3qcnLHYkZVuA0pPGOFoZdQ64GPclAJSTkR0clgO1pmArvXc-p7CuJlT2cYIJcxNYbP%7EwlWY-zChfCaThKx3PBLIa7HhM5-r-kv%7E5BM0%7EbYvryiG4oMpFCbTeXmQ-uf56NzERK01IskvQwsmYcQA1kqf2p8izmq2f2Knb1lqRc3lMleqEJTC9ClofGHYnOSst034BDeBLUdowEK5v24h1ycW%7EqzqJYAirjNxgsmmNIRfpqcSFYtA__&Key-Pair-Id=K6UGZS9ZTDSZM
8fd9e0ef87b81dde2b5562f3fb584e01
PDF Text
Text
~:-i A IRl'vl Ai\l
'AEM BE R OF CO NGRESS
220 DISTRICT, EW YORK
~OOM 2206 RAYBU RN BUILDING
N ASHI NGTON , DC 2051 5-3222
202) 22S-5614
MEMBER
HOUSE TAS K FO RCE ON AMERICAN
~ongress of the~nitrd ~mtrs
\1 EM BEA
HOUSE TASK FORCE ON
':HILD CARE , DRUGS,
EDUCATION A ND THE ELDERLY
Jtousc of 'Rcprcscnmrtocs
~ashingron, iB<i 20515- ;222
PRISO NERS OF WAR AN D
MISSING IN SOUTHEAST ASIA
January 24, 1996
The Honorable Joseph Moakley
235 Cannon HOB
Washington, DC 20515
Dear Joe:
I was startled by the news reports regarding your trip to Cuba.
I hope it is not true that you brought businessmen along with you. It was my understanding that
your trip was to focus on the human rights situation in Cuba, and I don' t see the point in taking
businesspeople along to discuss human rights.
The law states that travel to Cuba is only authoriz.ed for certain groups of people, such as
journalists and people engaged in humanitarian activities. Business people are not among them.
Further, as you know~ we just recently passed HR 927, which will clamp down on business
activity in Cuba even harder.
Joe, I know that you would not willingly flout the law or even a forthcoming law. But I hope
that you have not been sucked in by business interests or left-wing efforts to let up the pressure
on Castro.
I would appreciate a chance to discuss this matter with in the near future.
- --
- - -- -- - - -- - - -- -- - --
GASLIGHT SOUARE
SARATOGA SPRINGS. NY 12866
518-587-9800
REN SSELAER COUNTY
5 18--477-2703
DISTRICT OFF ICES -
P.O. Box 71
NY 12572
RHIN EBECK,
914---876--2200
-
- -- - - -- --
337 FAIRYIEW AVENUE
HUDSON, NY 1253 4
511Hl2B--0 181
- - - -- - -- - --
2 1 BAY STRE ET
GLENS FA LLS, NY 1280 1
5 18--792-3031
�
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-1289
Title
A name given to the resource
Letter from Congressman Gerald B. Solomon to Congressman John Jospeh Moakley expressing concern about his recent travels to Cuba.
Date
A point or period of time associated with an event in the lifecycle of the resource
24 January 1996
Creator
An entity primarily responsible for making the resource
Solomon, Gerald B.
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
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
A related resource
<p>View the <a href="https://www.suffolk.edu/-/media/suffolk/documents/about/moakley-archive-and-institute/moakley-papers/ms100_pdftxt.pdf?la=en&hash=97CD508C4A7F337052ABBE22F85910A0E44681B1">finding aid to the John Joseph Moakley Papers</a> for more information (PDF).</p>
<p></p>
Cuba
-
https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/ef060570251206f178467833776c1825.pdf?Expires=1712793600&Signature=lJot%7EeMoCud2UZ5TfltQypIav3RCDL00tSAbeGshm%7Ehbw58aTKf71tUWpSP5duYEfqiz8h%7Ejb256qZ6RXzioBMAMv1aZuTZxL98Dk0JM-iiUCyW7GW7MelBf7W1WZHAQ9NWB0YGxGQSO-2QT7cAOjZeGVMYEB8NWLibRI8Y7yFzl8Ll8QdaxgbawrgHGOUZfuQcTpaYGtv4L52YyDktFpNdwl9nYxBXERvL5acbtDtxGRDk4PY1cqDCdN%7EGG0cUFKXgNoaXjB6Rl-0JT8OZo5iKKhaX0PBlZk9qs6Rz6X4R05majhrUwot-6xwRec%7EL6aLxvguwFnXjZkVAm8865Yg__&Key-Pair-Id=K6UGZS9ZTDSZM
dd0144070af4d301eb155fd81d80ef41
PDF Text
Text
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Document
A resource containing textual data. Note that facsimiles or images of texts are still of the genre text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
An unambiguous reference to the resource within a given context
DI-1290
Title
A name given to the resource
Letter from Johnathan R. Malkin of Malkin and Co., Inc. to Congressman John Joseph Moakley expressing his thanks for Moakley's role in arranging the Cuba conference.
Date
A point or period of time associated with an event in the lifecycle of the resource
21 January 1996
Creator
An entity primarily responsible for making the resource
Malkin, Johnathan R.
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
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
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
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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-1291
Title
A name given to the resource
Press release regarding Congressman John Joseph Moakley's statement on the 1996 Cuba trip
Date
A point or period of time associated with an event in the lifecycle of the resource
19 January 1996
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 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
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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
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
ABC FORUM ON CUBA, INC.
113 Fourth street, S.E., Washington, DC 20003
Tel.
(202} 543-3210
Fax (202) 543-5177
Friday, January 12, 1996
Mr. R. Richard Newcomb, Director
Office of Foreign Assets Control
United States Department of the Treasury
1500 Pennsylvania Ave. N.W. -- Annex
Washington, DC 20220
By fax to: 202/622-1759
Dear Mr. Newcomb,
Thank you, Mr. Pinter and your colleagues for meeting with Mike
Ryan and me this morning so that we could respond to Mr. Pinter's
letter of January 4 re License C-18167 and report in detail about
our advance trip this week to Cuba for the purpose of finalizing
arrangements for the conference on the "United States and Cuba: A
New England Perspective" which is to be held in Havana, Cuba
between Tuesday, January 16 and Friday, January 19, 1996.
Should our request for the conference license be granted and if
it is permissible within the license, I plan to leave my home
(ph: 914/337-5096, fax: 914/337-5952) about 5 pm on Saturday,
January 13 -- fly to Miami Saturday night -- and then to Havana
on Sunday, January 14, to work with Ambassador Sullivan's staff
at the U.S. Interest Section; Roberto Dominguez Homerlein,
DPTO.EEUU in the Ministry of Foreign Affairs (who is coordinating
Cuban Government participation); and Eric Splinter at the Hotel
Nacional to finalize & reconfirm logistical arrangements for the
conference.
On Sunday evening, January 7, when Jim McGovern, Senior Aide to
Congressman Moakley, Mike Ryan and I arrived in Havana,
Ambassador Sullivan and his staff met with us at the residence to
brief us and to discuss how best to make the most productive use
of our time in Havana this past week.
Ambassador Sullivan's staff kindly assisted us in arranging to
meet with the following individuals:
Dr. Rolando Suarez, Caritas Cuba
Martha Beatriz Roque, Institute for Independent Economists
Julio Suarez, Independent Press Bureau of Cuba
Gustavo Arcos, Cuban Committee for Human Rights
Rene Gomez Manzano, Agramonte Current (lawyers' association)
Vladimiro Roca, Socialist Democratic Current
Dr. Jose Miller, Jewish Community Center
Grand Master Heriberto Saborit, Masonic Lodge
Alejandro Nieto, Evangelical League of Cuba
Leoncio Veguilla, Western Baptist Conference
Eilzardo Sanchez, Cuban Commission for Human Rights and
National Reconciliation
�Felix Antonio Bonne, Grupo de Reflexion Corriente Civica
Cubana
We also met with Father Orlando, personal secretary to Cardinal
Ortega, and were briefly introduced to the Cardinal.
The meetings we had with Cuban Government officials this past
week -- in addition to the multiple meetings with Roberto
Dominguez and members of his staff -- were:
Ricardo Alarcon de Quesada, President of National Assembly
Carlos Martinez Salsamendi, Chamber of Commerce of Cuba
Our final session in Havana was with Ambassador Sullivan and his
staff, beginning at 11:00 am on Thursday, January 11, for an
extensive review of the past week's activities and an in-depth
discussion of all arrangements and plans for the conference
beginning on January 16.
We advised
Washington
during the
Government
the Cuban Government officials in Havana and in
that we intended to meet with a wide range of Cubans
advance trip and during the conference. The Cuban
has not placed any restrictions on our activities.
Attached is a list of all conference particpants, their
organizational affiliations and their experience in activities
that demonstrate the capability to provide support for the Cuban
people.
The conference agenda is:
Tuesday, January 16
12:30 pm
1:30 pm
4:00 pm
5:00 pm
6:00 pm
7:30 pm
Check-in at Miami Airport
Depart for Havana on Gulfstream flt #263
Check-in at Hotel Nacional in Havana
Briefing for Conference Participants by U.S.
Ambassador Sullivan and staff at the Ambassador's
residence
Reception at the Ambassador's residence for all
leaders on the Cuban nongovernmental organizations
Dinner with the Ambassador at the residence
Wednesday, January 17
8:00 am
9:00 am
10:30 am
12:30 pm
2:00 pm
Breakfast at Hotel National
Session with Roberto Robaina Gonzalez
Ministry of Foreign Relations
Visit La Casa Del HABANO and tour cigar factory
with Abel Exposito Diaz, Gerente (33-8060)
Lunch session with Jose Luis Rogriguez Garcia
Ministry of Economy and Planning
Session with Francisco Soberon Valdes
President, National Bank of Cuba
�3:00 pm
5:00 pm
8:00 pm
Session with Ricardo Cabrisas Ruiz
Ministry of Foreign Trade
Session with Group of 7 of Concilio Cubano
Martha Beatriz Rogue, Gustavo Arcos, Rene Gomez
Manzano, Vladimiro Roca, Elizardo Sanchez, Felix
Antonio Bonne
Dinner with Spanish Ambassador at the residence
Thursday, January 18
8:00 am
9:30 am
11:00 am
12:00 pm
2:00 pm
4:30 pm
6:00 pm
8:00 pm
Breakfast at Hotel National
Audience with Cardinal Ortega at his residence
Session with Ricardo Alarcon
President of National Assembly
Lunch with Ministry for Foreign Investment and
Economic Cooperation
On-site visit to highlight micro entrepreneur
project with Dr. Rolando Suarez Cohiban, Director
Caritas Cubana
Visit with James Arena DeRosa and Oxfam America to
agricultural project
Reception at Hotel Nacional for Cuban officials
Dinner at Le Tocorroro
Friday, January 19
7:00
9:00
10:00
11:00
am
am
am
am
Breakfast at Hotel Nacional
Press Availability in VIP lounge of Havana Airport
Depart for Miami on Gulfstream charter flight
Arrive Miami International Airport
We are continuing the effort to ensure full compliance with the
Treasury Department license rules and regulations. Our efforts
include the fact that the conference registration form, which is
signed by the participants, states clearly that this is a USG
licensed project under the 515.574 Support for the Cuban People
regulations. Each participant receives a copy of the license with
a cautionary communication from us along with a copy of OFAC's
"What You Need To Know About The U.S. Embargo" dated 10-23-95.
During the flight from Miami to Havana on Jan. 16, Congressman
Moakley and his staff along with Mike Ryan will review with all
delegates the license rules. We have also asked Ambassador
Sullivan's staff to review these issues during their briefing.
As we plan to conduct additional such conferences in the future,
we will continue our efforts to conduct this entire conference
well within the spirit and the letter of the licen~e and
guidelines as you have kindly explained them to us.
During our meetings with Cuban NGO leaders and with Ambassador
Sullivan this past week we made a studied effort to learn about
and discuss practical ways and means of providing assistance to
them through activities in the US that can be licensed.
For
example, we have offered to help organize a U.S.-based 11 501
(c) (3) 11 concillio Cubana entity that can enlist resources and
�channel them to Cuba after obtaining the required Treasury
Department licenses. Another good example is the possibility of
assisting the Caritas organization by providing professional
trainers who are capable of helping Caritas teach new small
business owners how best to develop their organizations
successfully and profitably.
Our ongoing discussions with the conference registrants
underscore the reality that as these U.S. public and private
sector leaders learn first hand during the conference of the
needs and "wish lists" of a multitude of Cuban-based NGOs; their
willingness to provide Support for Cuban People will produce the
resources your guidelines anticipate and that these individuals
and organizations need to fulfill their mission.
We genuinely appreciate all the efforts you and your colleagues
have made to direct and guide us during this process.
If additional information would be helpful to your consideration,
please call.
As agreed, should the conference license be issued we will report
in person immediately after our return and also submit a written
report on the Conference and our plans for follow up.
cc:
Mr . . Michael J. Ryan; President of ABC Forum On Cuba, Inc.
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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-1293
Title
A name given to the resource
Letter from Letter from J. Bernard Robinson of the ABC Forum on Cuba, Inc. to R. Richard Newcomb, U.S. Department of the Treasury regarding a planned trip to Cuba
Date
A point or period of time associated with an event in the lifecycle of the resource
12 January 1996
Creator
An entity primarily responsible for making the resource
Robinson, J. Bernard
Description
An account of the resource
This is part of a series of documents related to the planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 99
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Language
A language of the resource
English
Subject
The topic of the resource
United States--Congress
United States--Foreign Relations--Cuba
Cuba
Cuba -- Foreign relations -- United States.
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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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Cuba
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Qtitngrtssinnal
United States
of America
PROCEEDINGS AND DEBATES OF THE
J04
th
ittnrh
.
'
CONGRESS, SECOND SESSION
'
WASHINGTON, THURSDAY, JANUARY 25, 1996
House of Representatives
STATEMENT ON CUBA TRIP
HON. JOE MOAKLEY
OF MASSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Thursday, January 26, 1996
Mr. MOAKLEY . Mr. Speaker, my recent visit to Cuba has
been the subject of some controversy. Some of my colleagues,
who have surprisingly never even talked to me about the trip,
have cynically tried to characterize my views and the trip as insensitive to human rights and pro-Castro.
Mr. Speaker, that is a blatant distortion of the truth.
My position on Cuba is the same as that put forth by the
conference of Catholic Bishops. My position is also the same
as Cuba's Catholic Cardinal, Cardinal Jaime Ortega.
I might add, as well, that my position is the same as many
of Cuba' s leading dissidents-including Elizardo Sanchez,
Martha Beatriz Roque, Vladimiro Roca, and Rene Gomez
Manzano, just to name a few.
Are these people, some of whom have spent time in Cuban
jails , insensitive to human rights? Are these people pro-Castro?
Their position, and my position, is that we can best encourage
human rights reforms and begin a transition to a more democratic Cuba through increased relations and not by more isolation. They, like me, oppose the so-called Helms-Burton bill.
Mr. Speaker, I realize my public position on Cuba makes
me the target of a very well-financed lobby here in the United
States. But, let me say clearly and sincerely, I believe in my heart
that I am advocating what is best for the courageous people who
live on that island and who yearn for a day when human rights
and freedoms are truly respected.
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 U.S. 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 U.S. citizens on issues related
to Cuba and to supporting the activities of NGO's promoting
human rights and helping ~he 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, U.S. 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. After which,
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 U .S.-Cuba relations, the United States Congress is nearing final action on the so-called Helms-Burton Bill which, if
signed into 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 econoic reformsand urge 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 Eminemco
told us that the official position of the Cathlic 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
Helms-Burton 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
busineses 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 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.
[From the Boston Globe, Jan. 23, 1996]
OUR BAN IN HAY ANA
(By H.D.S. Greenway)
HAVANA.-"Socialismo O Muerte"-Socialism or
Death-say the graffiti scrawled on the walls of this once grand,
now crumbly Caribbean capital. But as communists the world
over have found, their "socialism" means a death of sorts: stagnation and decline, a slow demise of ambition and incentive and
the equality of shared poverty.
There are only five countries left that call themselves communist: China and.its three abutters in Asia-North Korea, Vietnam and Laos-and then Cuba. In all, to varying degrees, the
communist leaders recognize the inadequacy of their economic
system, but all want to cling to political power. With some justification they can point to the death of their great progenitor, the
Soviet Union, as an example of w)lat can happen when the reins
of political powe.r are suddenly dropped. In short, they want
to eat the cake of capitalism without ingesting political freedoms.
All the ambiguities of this approach are evident in Fidel
Castro, the last of the founding fathers of postwar communism.
All the others-Mao Zedong, Kim D Sung, Ho Chi Minh-are
dead, but Fidel remains. To some, America's most enduring bete
noire is a Latin David to our gringo Goliath; to others he is an
·
irredeemable tyrant.
Nine US presidents have tried to do him in-by invasion,
assassination, economic embargo-but he lives on "to remind
us of our failures," as US Rep. J. Joseph Moakley put it.
For 30 years Castro had a free ride, strutting the world's stage
as a symbol of independence to a world emerging from colonialism but in fact a kept man, his bills paid by the S,oviet Union.
After the demise of his patron, Castro and his economy went
into a free fall, bottoming out in 1993.
In desperation, Castro and his lieutenants ·have planted the
first, few seeds of a free-market economy here. The Yankee
dollar is now a legal currency in Cuba alongside the peso. Joint
ventures with foreigners are beginning to bear fruit, especially
in the tourist industry. Some 208,000 Cubans are permitted to
work in the private sector, but the state still remains supreme,
and a gulf is widening between those who work in the dollar
economy and those left behind in a land of unconvertible peace.
Small, private restaurants called "paladares" are springing
up in people's homes, but the law allows no more than a dozen
tables, and all the cooks and waiters must be family members
because it is still illegal for one Cuban to hire another . Thus is
entrepreneurship on the one hand encouraged while the other
hand suppresses it.
Last week Moakley led a delegation of inquiry here of which
I was a member. We talked to Castro, aging now but still in
command. He is trying to probe for weak spots in the mortar
of the embargo that the.United States has imposed. Moakley,
in turn, was trying to squeeze human rights concessions from
Castro, concessio~s that Moakley could use back in Washing-
ton to defeat the Helms-Burton bill, sponsored by Sen. Jesse
Helms of North Carolina and U.S. Rep. Dan Burton of Indiana,
which would put even more restrictions on doing business with
Cuba.
It seemed .evident in conversations with Castro and his
ministers that Cuba isn't going back on the meager reforms they
have instigated. Castro said the changes are irreversible. But
Cuba's leaders are afraid of moving forward too fast. Castro
and his lieutenants appear to have no clear vision but are marking policy up as they go along.
Listening to Castro-his famous beard now gone gray-I was
struck by how much the world had changed and how much Fidel
has been bypassed since the heady revolutionary days of 30 years
ago. Fidel Castro no longer presents the United States with the
mortal threat of Russian missiles 90 miles offshore. His expeditionary forces no longer rampage through Africa, spreading
socialismo and death. Nor are his agents stirring up trouble in
the hemisphere. Che Guevara and the revolution he represented
lie in an unmarked Bolivian grave.
In an era when the United States is helping North Korea with
nuclear power, scrambling for investment in China and no longer
involved with embargoing Vietnam, the present restrictions on
trade with Cuba seem somewhat anachronistic. Castro may have
suffered from the U.S. embargo, but he has also benefited enormously by having someone other than himself to blame for
Cuba's economic inadequacies, able to wrap himself in the
nationist flag against the big bully of the North.
In the long run, communism in Cuba is doomed. Both the
United States and Cuba have a convergences of interest in seeing that the transition is smooth and the landing is soft. A breakdown of order on the island would bring another vast armada
of Cubans fleeing to our shores, and that wm1ld be destabilizing to both countries.
The best way to ensure a soft landing is to defeat counterproductive legislation such as the Helms-Burton "Cuban Liberty
and Democratic Solidarity Act,'' which would threaten our allies
that do business in Cuba and tie even more restrictions on the
present embargo. The bill will not help Cuba's transition to a
market economy and could only retard the very forces of freedom and openness the United States wishes to encourage. The
embargo is strict enough without additional baggage and should
be used as a bargaining chip to nudge Cuba into the democratic
and human rights reforms that will one day set its people free .
HAVANA, January 19.-Cuban dissidents have met a visiting U.S. congressman in public, the first time in years such a
meeting has taken without interference from the authorities, one
of the dissidents said on Friday.
Elizardo Sanchez told Reuters he and other dissidents met
visiting Democratic Representative Joe Moakley of Massachusetts for several hours in the state-owned Hotel Nacional.
Sanchez, leader of the Cuban Committee for Human Rights
and National Reconciliation, said he was surprised the dissidents
had been able to hold a meeting in public without problems.
Meetings with members of Cuba's small and illegal opposition
groups generally take place in dissidents' homes or foreign
embassies.
"We are not bothered (by officials) either entering or leaving (the hotel)," Sanchez said, adding that the group discussed
issues such as proposals in Congress to toughen the longstanding U.S. embargo against communist-ruled Cuba.
Moakley, who also met the dissidents on Tuesday at the house
of the senior U.S. diplomat in Cuba Joseph Sullivan, is on a
fact-finding mision that included talks with President Fidel Castro on Wednesday night.
Moakley said on Thursday he found Castro flexible on the
congressman's suggestion that if there were some change on the
island it might help defeat moves to toughen the embargo.
�
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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-1294
Title
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Congressman John Joseph Moakley's Statement on Cuba Trip in the Congressional Record
Date
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25 January 1996
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 planning of a Congressional trip to Cuba in 1996. The group held a conference called US-Cuba: A New England Perspective.
Source
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 9 Folder 99
Type
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Text
Documents
Format
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PDF
Language
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English
Subject
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United States--Congress
United States--Foreign Relations--Cuba
Cuba
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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89339608be8a27987f48ebdf4cd0a458
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT ANO BUDGET
WASHINGTON, D.C. 20503
September
(House)
20,
1995 (SENT)
STATEMENT OF ADMINISTRATION POLICY
(Trns
S1'ArP.Mf7.NT 11"5 Rl'J1N
(.'()01{0!~1\T}'.l)
BY
0MB
WITH THB CONCERNBD AOnNC:lfl-'1.)
H,R, 927 - Cuban Liberty and Democratic solidarity Act
(Burton (R) IN and 43 cosponsors)
The Administration supports the central objective of H.R. 927,
i.e., to promote a peaceful transition to democracy in Cuba.
However, H.R. 927 contains a number of seriously objectionable
provisions that would not advance U.S. interests in Cuba and
would damage other U.S. interests. Therefore, the President's
senior advisers would recommend that H.R. 927 be vetoed unless
the following provisions are deleted or amended:
The bill would encroach upon the President's exclusive
authority under the constitution to conduct foreign
affairs, or otherwise unduly limit tha President's
flexibility, by purporting to require the President or the
Executive branch to pursue certain courses of action
regarding Cuba. Mandatory provisions should be replaced
with precatory language in the following sections: 102(b);
104(a); llO(b); 112; 201; 202(e); 203(c)(l); and 203(c)(3).
The exemption in section 102(d) trom civil penalty
authority for activities related to research, education and
certain other purposes, and the burdensome requirement for
an agency hearing for civil penalties in other cases,
greatly limits the effoctivQnQss ot civil penalties as a
tool for improving embargo enforcement. Section 102(d)
should be amended to address this shortcoming.
Section 103 should be amended to make the prohibition of
certain financing transactions subject to the discretion of
the President.
Section 104(a) should be amended to urge U.S. opposition to
Cuban membership or participation in Intornational
Financial Institutions (IFis) only until a transition
government is in power to enable the IFis to support a
rapid transition to democracy in CUba. Section 104(b),
which would require withholding U.S. payments to IFis,
could place the U.S. in violation of international
commitments and undermine their effective functioning.
This section should be deleted.
Sections 106 and llO(b), which would dany foreign
assistance to countries, if they, or in the case of
�2
section 110(b), private entities in these countries,
provide certain support to Cuba, should be deleted.
Section 106 would undermine important U.S. support for
reform in Russia. Section llO(b) is cast _so broadly as to
have a profoundly adverse affect on a wide range of u.s.
Government activities.
Section 202(b) (2) (iii), which would bar transactions
related to family travel and remittances from relatives of
Cubans in the United States until a transition government
is in power, is too inflexible and should be deleted.
Sections 205 and 206 would establish overly-rigid
requirements for transition and democratic governments in
Cuba that could leave the United States on the sidelines,
unable to support clearly positive developments in Cuba
when such support might be essential. The criteria should
be "factors to be considered" rather than requirements.
By failing to provide stand-alone authority for assistance
to a transition or democratic government in Cuba, Title II
signals a lack of U.S. resolve to support a transition to
democracy in Cuba.
Title III, which would create a private cause of action tor
U.S. nationals to sue foreigners who invest in property
located entirely outside the United States, should be
deleted. Applying U.S. law extra-territorially in this
fashion would create triction with our allies, be difficult
to defend under international law, and would create a
precedent that would increase litigation risks tor U.S.
companies abroad. It would also diminish the prospects of
settlement o! the claims of the nearly 6,000 U.S. nationals
whose claims have been certified by the Foreign Claims
Settlement Commission. Because U.S. as well as foreign
persons may be sued under section 302, this provision could
create a major legal barrier to the participation of U.S.
businesses in the rebuilding ot Cuba once a transition
begins.
Title IV, which would require the Federal Government to
exclude from the United States any person who has
confiscated, or "traffics" in, property to which a U.S.
citizen has a claim, should be deleted. It would apply not
only to Cuba, but world-wide, and would apply to foreign
nationals who are not themselves responsible for any
illegal expropriation of property, and thus would create
friction with our allies. It would require the State
Department to make difficult and burdensome determinations
about property claims and investment in property abroad
which are outside the Department's traditional area ot
expertise.
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Pay-As-You-Go scoring
H.R. 927 would affect receipts; therefore, it is subject to the
pay-as-you-go requirement of the Omnibus Budget Reconciliation
Act (OB.RA) of 1990. OMB's preliminary scoring estimate is that
receipts would be insignificant. Final scoring ot this proposal
may deviate from this estimate.
*
*
* * *
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Description
An account of the resource
The Congressman John Joseph Moakley Papers document Joe Moakley’s early life, his World War II service, his terms served in the Massachusetts House of Representatives and Senate, and his service in the United States Congress. The majority of the collection covers Moakley’s congressional career from 1973 until 2001. <br /><br />Use the <a href="https://www.suffolk.edu/-/media/suffolk/documents/academics/libraries/moakley-archive/moakley-papers/ms100_pdftxt.pdf?la=en&hash=B12D6C6C7164568D0537E426483AB65CC5DFF80D" target="_blank" rel="noreferrer noopener">finding aid</a> for a summary of the entire collection, including non-digitized materials. <a href="http://www.suffolk.edu/documents/MoakleyArchive/ms100_findingaid.pdf" target="_blank" rel="noreferrer noopener"></a>
Document
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-1295
Title
A name given to the resource
Statement of Administrative Policy on H.R. 927 Cuban Liberty and Democratic Solidarity Act
Date
A point or period of time associated with an event in the lifecycle of the resource
20 September 1995
Creator
An entity primarily responsible for making the resource
United States. Office of Management and Budget
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 8 Folder 84
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Language
A language of the resource
English
Subject
The topic of the resource
United States--Congress
United States--Foreign Relations--Cuba
Cuba
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Moakley Archive & Institute. Prior permission is required for any commercial use.
Relation
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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b4312572b3c269ed12c3315dae93500b
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Text
/1,,1
'~"
','
1:1 1n95
J, i j
I
\ : 23PM
AKIN GUMP WASHINGTON
No, 7488
P, 2/3
JOINT CORPORATE COMMITTEE ON CUBAN CLAIMS
do LOl'lll STU ll'IPUsnIES, INC,
October 10, 1995
300 FlllSI' STAMFOIW PLACE.
STAMr<lPJ), CT Oo9U
(203) 969...8600
Dear Senator:
I recently wrote to urge you to oppose Title III of lcgi.slation, the • Cuban Liberty
and Democratic Solidarity Act," that purports to protect the property rights of U.S.
nationals against the confiscatory ta.kin~ by the Castro regime. At that rime, Senator
Helms was planning to attach this legislation as an amendment to the then-pending
Foreign Operations Appropriations Bill. It is my understanding that this legislation now
may be brought to the Senate floor as a free-standing bill as early as Wednesday of this
week. I am writing once again to urge you to oppose this lc:gislation insofar as it contains
Title III in its present form because it pases the most serious threat to the property rights
of U.S. certified claimants since the Castro regime's unlawful expropriations more than
three decades ago.
In the rush to pass this legislation and thereby demonstrate our firm resolve against
Fidel Castro, the far-reaching domestic consequences of this legislation have received far
too little attention. In my letter of September 20th, I wrote of the irrcpax-able harm
certified claimants would suffer if Title III of this legislation is passed. For the first time
ever and contrary to international law, this lcgi.slation would permit a specified national
origin group, Cuban-Americans, who were not U.S. citizens at the time their property
was confiso.ted, to file Tide Ill la',1/Suits against the Government of Cuba for the property
losses they suffered as Cuban nationals. Indeed, this legislation even permits Cuban exiles
abroad to file lawsuits in U.S. federal courts if they establish a corporation in the United
States for the purpose of pursuing any claim they may have against Cuba. The creation of
a new right to sue is never an inconsequential matter yet the careful scrutiny such a
provision deserves has been disturbingly lacking to date:.
We can reasonably expect plaintiffs' attorneys to exploit this newly created lawsuit
right to the fullest extent possible, creating a ride of litigation that will all but sweep away
the value of the claims currently held by U.S. certified claimants. Each time one of those
lawsuits is reduced to a final judgment against Cuba, the injury to U.S. certified claimants
increases. Ultimately, the: cumulative weight of those judgments will extinguish any
possibility the o:rtificd claimants ever h.i.d of being, compensated. A virtually bankrupt
Cuba cannot be expected to compensate the U.S. cenified claimants, who hold claims
valued today at nearly $6 billion, when it is also facing the prospect of satisfying
potentially tens of billion.s of dollars in federal court judgments held by Cuban-Americans,
have been valued as high as $94 billion.
whose
cl.urns
David W, W&ll1,1Z, ChN(fTU.11
James A, PO<lo'ffl, Scae'luy and lit:duft:l
�National Council of the Churches of Christ in the USA
[/-,~
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 Solidarity Act include
the following:
1.
-- ....
By incorporatin2: in U.S. policy recognition of property claims of Cubans
who became U.S. citizens subsequent to the expropriation of their property,
and by subjecting to sanctions anyone who "traffics" in such property, the
bill is likely to strengthen hard-liners within the Cuban government and fuel
renewed anti-U.S. sentiment among: 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.
�1
The bill specifies conditions for the expansion of U.S. assistance that are
likely 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 Solidary 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.
/ !3-~
~
Sincerely,
1
;v
Joan Brown Campbell
General Secretary
National Council of Churches
of Christ in the U.S.A.
�A 202
296 9133
Mansfield
&
Muse
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L. M\JSC IDC)
\9,1,Q W!l:;(IN Ul1\U.lV"R0
l!U!TC 205
September 20, 1995
A."-'•_INl•l'ON. VIRGINIA 22201
Sc,1otor W. Cohen
United States Senate
Washmgton, ll c. 20515
Re: "Th<' Cuha Liberty uod Demof..·t~tit Solithtrity J\C't"
l)ear SenMor:
My client t\mstftr, ~long with thuusrutds of other lJ S dti7cn hohk, s 01· claims
certified against Cuba in the J960's by the Foreign Claims Sclllc111c11t Commission, will
suffer deva.<Tating cw11u1nic injury it' T11I• 111 of Scnuto, I Ielm's bill (forn1crly S :i8 l) is
passed "' u11 omendment to the Vorcign Opcrntions t\ppropriaiions \!ill It i, Co, this
n.:asou lhol 1 am writing.
I1 is absolutely false th•t Tille Ill hos been revised in w•ys thn! make ii no lonGt,.
violative of both internationul low and the tights anrl interests of U.S. citizens holdinf;
claims cer1ifierl against Cuba pu~uant to the J964 Cuh• Claims Act. As you know, ·1 irle.
JI! allows l•wsuits 10 be brought in the fe.deral cnu1t,; against (;ub, •nd private indivi<lual,
dthcr livins in or doing business in thl!t couuuy with rc,;pecl 10 properties 1ake11 frun\
1heir owners for rhe most µw I thiny-fove years •so. I>a mag cs ure 1ecovc1 nulc against Cuba
and others fu, llcble the current valu• ofrho,c proµc, tics. <.:ontrn,y to intcrnRlional law,
it mnkes no dillcrence un<ler Tille Ill whctlier • litig•nt w~s a ll S ci1i,cn nt the ti111c the
property in C\Jba was taken. lnd.:cd Title lll is specifically <lc.,igncd lu ~ivo:: subsequemly
naturalizod Cuban Amcric1ms slt\luto,y lawsuit righrs against Cuba or u lyp¢ 1hat we a.._ a
nation have. never hcforc given anyone else - even 1hn~c who w..:11.! U.S. chl1.en\ in th!..·
time of their foreign propeny lo$ses.
Tille Ill oi'Senator lielm's tt111c11d111cnt will produce the following con,cqucnccs if
cn•e-ted in it.& pre<ent form;
* Our federal courts will be deluged in Cubu-, clotcd litigation. On t\ugu$t 28,
1995 the Naflar,a/ law Jounml (attached) reported that )00,000 • 430,000 lawsuits a,.e to
be expected from Cuban Anwrlcans if Title Ill is enacted. According 10 judicial Impact
analyi;\~ •t the Admioistn1tive Ollkc of the U S. Courl, c•ch of these suits will average
P.02
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2U2
29b
9133
Mansiiela
,
Muse
2
$4,500 m costs, whether they go to trial or 1101. 1'hercforc ihc adm111is11utive costs lo 1hr
courts xlone of Title m wLJI reaclr m•arly $2 billion
* Jf we. onacl Title Ill tho~·c ),')] l cl.iimunts C"t:rtiflt;d under 1he 1?(:i'1 Cui:lI\11
Claims Acl will see lltcir rrospetls of rec.ovelin,K compensatk>u from .an in1pov<'.nshcd
Cub~ dilute<l to vinually nothing ln a scu of Cuban l\m<.:ric:m cfoirns (To put this m~l!<"r
iulO oontext, t.hc Departmeut of State has c~limared (..\1bo11 AmenU'l.n µwpcny cli\illl:i r11
nearly $9.\ billion). 11 is critical tlrat it be understood that a cluim ccrtilicd hy 11\c Forcig.11
Claims Settlement Commission co11stitutes a prnperry intercsi I lt' Cong,cs..< C11.1c1s Tillo
lJl with the foreseeable effoct of <lc_,troyi11g the v»Jue of the $6 billion (accord111g 10 S1x1c.
Depanrncm figures) in claims hel<l hy America11 ciri1.ens. it shn11ld cxpccl 10 indem11ily
those citi,ens someday, under the Fifih Amendment's "takings da11se", to the f\111 amou111
of thoir e.:onomic injury. If Title Ill is made law, the Americun taxpayc, will quic,,
pwhably somo<l•y dt.mnnd a,, explanation us to how on c•rth he or she has b,·cn fvreod to
step iulo the shoes of tho CuUttn government an(1 comµcnsare U.S. <.:ompanies tmd
innividu•ls for their property losses in Cuha over tltl, ty-fivt. yeai s a~o
* Ir we violate imc1natio11al law ttnd long-standing U.S. odherence to 1ha1 law ~Y
enacting Title 11) and conferring ret10ll<'tive rights opon 11011-U S. nationals ,i lime of
foreign property lossos, hislory !dis us that we will 11u/ h• pcrn11itcd to stop wilh t'ub•n
Americuns The equul prolccliou prnvi~ions of the (.'onstilution will 1ivl IOl<'.tll\e li111itint
the conferral uf ~uch nn import Ant bcuc.fir as II fedl'1 al richt of nclion on only one or ou1
mt\ny m1.tional· origin groups v.-hu:-:c members hH.ve suflCrc<l p11.c:t forelgu prnpt•ny lo!'i:-:cs II'.
iliS will su1cly happen, R former South Viclnamcsc army offac<.:r who is now~ U.S. citizt1.n
:<oes in order to gain the s.tme right accorded Cuban Ame, icans to recover d,11nagcs fol'
property expropriations he sutlerc<l. who. if Title JJl is c11aned. is prepared tu s;y he
should 1101 have such n right? On wh•t principled basis would such a right be de11icd him if
given by Congress to Cuban A.tucrkans'/ Wir.t about Chinese 1\11,crir"ns. Hungarin11
Americans, Iranian Amcric~ns.. Gieck Alllericttn~, Prilestiniiln 1\mCJic<111~. Ruxxian
A.tncricans, Polish Amoricai1,? Arc we HOing to claim surprise wlrcn the courts ttJI us tllHI
the equul protection of laws r~uirell\c,>1 of the Gons1 itution rna11dntes !hM each of these
national-orig.in groups u..'Ceivo the :i:11me rigltl vf Hction ~gaiusc th('.ir fo11m:r governments
that we aro proµusins to give Cuban American, by vinue of1'itlc lit'/ How many soch
suits might wo then expect from these oilier nation~l-u,igin group", •nd at what cost to
hoth the nulional treasury and our relations with tho mnuy countries that will eud up being
sued in our federal courts? It must also be kc'jlt in mind that U.S. companies lhxr have
inve.ted in various couotric, ,where our naturnli,od citizc11, have proµerty eloiin, (e g.
1
~
Sham:hai P(IW(', ('q, v. th,ilNt scat~.( 4 Cl. Ct 2:l.,, ( 19::0) q/fd. 1111i,11. 7<,s 2c1 :i;Q Wed.Cir. l~M),
<,·r/. d,ni,d 474 U.S. 909 (1985),
p. ;j.)
�,.. • (l
Vietnam) will be held liable for ~o-c:~llc<l ·1raffit.:.king'' i11 lhus~ dni1111.:U rnop1.:1 w.:} if ·1 illc
111 is enacted and cxluKkU !,;Om1lituliu11ully to olhcr national-origin f;_roUp$. _
* The m\lhitude of lawsuits thl-11 will b¢ iile<I pursu"nt 10 Ti1 le 111 witl ,w!"r 11mt", hr.
convcrteil to fim1.l judgments a~ains1 Cuba, and as such will C<lnstilu1c
&
running srn t.•
l"ohlcrn for the United States. Ti~e Ill lawsuits are cxphcitly made nondlsmissiblc. The
foci of hundreds of thousands of Cuban /\merie<>n judgment creditors againSl Cuba will
m*c il impossible for us to normalize relations wilh a fr1e11dly eove1 n111e:rt1 11\ 1ht11
oountry. Aircn,ft and ships would be seiztd, Cuhan a<.<cr< in rhc tJ.S. h•nkinl( system
would be allM.he<l, good, producc<l in Cubu would uc c,cculcd upon when they u11 ivc in
U.S. µcits - .tl in pursuit of rooovery of billions of dollars in fodcrnl ooun ow.ids. Th,·
population of Cuba (the majority ofwhoni were nor even oom when rhe propente, ofrhe
Cuban American judgment creditor:-. were t'1ken) will Ix.: imlculu1c<l Cu, <lccu<lcs lo come
to the judb'll\ents entered lll:!•inst thci, count, y uu our fcdc, al court dockets. Ilow is such a
st•tc ufaffisirs conducive to a 1cco11cilintio11 between Cubans on the island 011d the Cuhan
COIIUUuJULy of the United Stares?
The alternative to L11c pcnnnncm cstm11ge,nent Title Ill lowsui!S w;11 produc,'
between Cuba and the United S1a1c.s would ol' courie be tc,r • ll s rresidc.nt t~ dismiss.
the judgments cnlcrcd u..'(ttinsl Cubu. Nolwillislu111.li11~ \he µ1ohibiliou tiHuinsl such
executive branch action contained in Title l!l, it is probable that 1hc courts will uhimatcly
uphold lhe dismissals as • keitimate exercise of the. pre.,irlential pmogarive 10 ronrl11r.1
foreign aft'airs.' What then?
The c.re<>tion of a cause of ac.11on by Congre~s 1s obviously not a trivial matter.
JJundreds of 1housands of Cuban Americans will quite propt.rly avail 1hcmsclvcs or the
right of •ctinn to he given them hy l'itlc Ill 'I hcsc cases will pmcccd incxorahly 10 tin•I
judgments. (There are reolly no defenses available to Cubo under Title Ill. ll is u slliet
liibility statuLe). As tiMI tederal court judgment6 tht.y will carry the lllith and crool! of the
United SLu.tc::1 !(<JVCJ11mcnt, with 1t.ll lhc rights 11.n<l. n..,ncdic3 of c.xccuticm ~<...1" our in n11r
laws. Wha1 will be the e-011seque11ce of the president e,,.tlnguisluns thc1c: juJ;:111c11t, tt11d
their oonoomiumt rights of execution?
Agllin, as in 1he case of' certified c.1ain1ants, • f<.deral court judgment is a prope11y
intcrc,L protected by the Constitution. lfthat interest i, extinguished hy prr.sirle.n1i~I order.
the Fif\h Amendment "takin&s douse:" wit Ii its duty of full compe11satio11 will he triggerr<I
If Title III is enacted it should be wi1h full knowledge lhM Cong, e» muy someday he
asked by the public to explain how The Amori(M peopk came ultinwcly to be liohle fo,
tons of billions of dollars of d•miges in recompeJ1se to o. s• oup ur 11011-U.S. ruttionals at
4
�<ii.In;;,! 1<21u,..
nu:;.;
4
the time they lost properties in Cuen' lo u pefiod of heightened conocm for potcn11xl
J.(Ovcnum.:11\~l lio.bllity under tho 1ftkint~ ('.11\use of 1he l1ifi.h /\mendmcm, Title. ill should hl'
~pproached with the greatest CHutio11 urn! ~cco fo1 t.l1c liability lim~ bomb thM ll is.
* A troubling aspect oCTitlc Ill i:-i its co111emp1uous disregard ofinterna1ionJl tnv
/\s ~ nation we and our citizens benefir from inrtm<1tiom1\ lxw i11 a 111y1 iH.d of' li11111s, Mu.:h
as oven~s inve~tment and intclkclual p1oµcrly µ1ulc!.!lio11 1 th~ snfoty (,f O\u diplomal'ti.00 roVt..1t..-ignly over our marine resources. MMy other (..."Xan,pll!s of th<' bcnclils 10 11h'':
United States of on intemMioMI n1le of law could he given. How can v,c in future
rlemand compliance with i11tcrnutiu11ul luw liy other nations if we bl°t prepared to violate
~,nt very lnw by enacting Title Ill? The proponents of this lre,i<IMion havr nr.vr.r
satisfactorily answered thbt fundamental question.
To conclude, ~ain proponents of Title ll1 from outside th~. s~nat•, h•ve. enga~<·d
in a campaign to minirniu its signilk~ncc. lloiled down, th~.ir m~ssage i, th.i • vo,. fo,
Title UI is en inconsequenti~I thing For example, they will xay that a lillg•m cunnm "'
will not. sue \.uha it~ett: hut ralhc1 any t1.cliorn1 111c limilci.l tu "thi1<l µuny 11uili!..:kc1s'' in
coufiscutw p1 ope.ties, Let there be nu mistake on tlli• point. Tit lo Ill is •n unprecedented
fO(k,ral cour1 ('.l"lm#: r,rosr-'m ag.3in1:1 1he. nation of C'uha. Section :\02 of Title 111 is plain
und unntnl>i.~uous in its me.111ing. ll is the inesc;"tpable consequences of 1Mt mc..,i,i11g th<1t
the Senate must ~ddress.
Yo1m; . . incl'.rcly,
;-1~1.
/ //_
.l/",1-'t I
..
.·?
,•
,,,
·,
.'"(··1,-(,
.
.. .
Robetl L. Muse
' See. P.!'.P.!lf!1' ,<, Mi.}f:lf!_'!...fl.!~ ~\.lf>tfl, ut 6!1:S: "TJuJU~h ,\i,; OOIK."IUl.lc lluit the rrcsidcnl lt:1s ,culed
petitioner's claims again~ rran, we dn Mt ~ur~ lh1'1 the scttlemcn1 l1ns t.er!l11u:tled j)l.1itiu11e1 's possible
lelk.ing u!uim uguiJM uguJ.nsC the Unii¢d ~·uucs." (Emphas.is added). Jus1icc Powell, C<'lncurriur. in (l:"111 tu"1
diaentinA tn r,,r1, Md lh\« to~ '"The OovQrnnxmt must p3y Ju,1 LXH11pcu~~(t\l11 when ii JUrthcrs the
111:tlion's !orciJjn policy goals by u.<inll il~ 'b:tr~lnini: chi~' claims Jawfullr held by u u;lul!wly few
1lC('$()nS anJ sOOjt,..t lu the juri~1cUu11 ol' our e.:>urt,," Id. at 6?1.
,.. • d I
�... ,.
• . "lf-
;
~
......
JOINT CORPORA TE COMMITTEE ON CUBAN CLAIMS
do LON"E
srA.R c-;DCSTIUES, l}:C
September 20, 1995
300 FIJ!.ST ST A MFORD PUCE
STAMFOW, Cf 06912
(l03) 969,8600
Dear Scnacor:
The Joint Corporate Committee on Cuban Claims represents more than thin:v U.S.
corporations with certified claims against the Government of Cuba stemming from the
Castro regime's unlawful confiscation of U.S. property without just compensation. Our
member corporations hold more than one-half of the $1.6 billion in outstanding certified
corporate claims. On behalf of the Joint Corporate Committee, I am writing to urge you
to oppose Title III of legislation Sen. Helms will offer as an amendment to the Foreign
Operations Appropriations Bill because it poses the: most serious threat to the: property
rights of the certified claimants since the Castro regime's confiscations more than thirty
years ago.
The centerpiece of rhe Helms legislation is Title III, which creates a right of action
_
that for the first time will allow U.S. citizens -- regardless of whether they were U.S.
citizens at the time their property was confiscated in Cuba -- to file lawsuits in U.S. courts
against persons or entities that '' traffic' in that property, including the Government of
Cuba. In effect, this provision creates within the federal court system a separate Cuban
claims program available to Cuban-Americans who were nor U.S. nationals as of the date
of their injury. This unprecedented conferral of retroactive rights upon naturalized
citizens is not only contrary to international law, but raises serious implications with
respect to the Cuban Government's ability to satisfy the certified claims.
Allowing Cuban-Americans to make potentially tens if not hundreds of thousands
of claims against Cuba in our federal courts may prevent the U .S certified claimants from
ever receiving the compensation due them under international legal standards. After all,
Cuba hardly has the means to compensate simultaneously both the certified claimants and
hundreds of thousands of Cuban-Americans, who collectivdy hold claims valued as high
as $94 billion, according to a State Department e.5timatc. In· addition, this avalanche of
lawsuits undoubtedly will cloud ntle to property in Cuba for years, thereby lessening the
prospects for rcstitutionary approaches in satisfaction of some of the certified claims.
Apart from the inJury to the interests of U.S. certified claimants, we can reasonably
anticipate that this legislation, by opening our courts to such an expansive new class of
daimants, will unleash a veritable explosion of litigation that will place an enormous if not
overwhelming burden on our courts. Moreover, the legislation even would allow Cuban
exiles abroad ro avail themselves of this lawsuit right simply by forming a corporation in
the United States, transferring any claim they may have against Cuba into thar U.S.
corporate entity, and bringing suit in U.S. federal courts. In addition, other similarly
situated U.S. nationals of various ethnic origins who have suffered property losses under
similar circumstances can be expected to pursue this lawsuit right on equal protection
�. : : \I
- .. H:
...' ..
September 20, 1995
Page 2
grounds. While it is difficult co predict with any precision the number of lawsuits that
will be filed under this legislation, it is not unreasonable to conclude that they will
number in the hundreds of thousands.
Finally, we must consider the impact of this lawsuit right on the ability of a postCastro Cuban government to successfully implement market-oriented reforms. There can
be little doubt that the multitude of unresolved legal proceedings engendered by this
legislation will all but preclude such reform, which must be the foundation of a free and
prosperous Cuba. Even should the President, as an incident of normalizing relations with
a democratic Cuban government, ultimately extinguish these claims, if history is a guide,
our government could assume tremendous liability to this newly created class of claimants.
In light of the pernicious implications of this legislation for the legal rights of
certified claimants, an already overburdened court system, the claims settlement proce.ss
and the orderly disposition of claims, and the post-Castro investment environment, we
urge you to oppose the Helms amendment insofur as 1t contains Title III in its present
form.
Sincerely,
David W. Wallace, Chainnan
�',,_ '\
.. ·~·-<,.
tJ
STATEMENT OF DAVID W. WALLACE, CHAIRMAN
JOINT CORPORATE COMMfITEE ON CUBAN CLAIMS
ON S. 381,
THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT OF 1995
SUBMITTED TO
THE SUBCOMMITTEE ON WESTERN HEMISPHERE
AND PEACE CORPS AFFAIRS
THE COMMITIEE ON FOREIGN RELAT[ONS
UNITED STATES SENATE
JUNE U,, 199S
Mr. Chairman ;\,lld Members of the Subcommittee, I appreciate the opportunity to·
submit this statement expressing the views of rhc Joint C<!rpor:itc 0.)mrnittcc on Cuban
Claims with rcspecr to .S. 381, the 'Cub.tn Liberty and D{'mocratic SoHdarity
(LIBERT AD) Act of 1995."
The: Joint Corp<>rate Committee on Cuban Cl.um.1 1 of which I serve :lS Chaim1ai1,
represents m<>rc than thirty U.S. corporations with ccrrificd daims againn th<:
Government of Cuba stemming from the ~tro regime's unlawful confisc.:ation of U.S.
-.property witho1,1t just compensation. Our member ,orporQtions hold more 1hAn one-half
of the -St .6 billion in ouutanding certified corporate cla.inu. Since its formation in 1975,
thC' C.ommittcc has vigorously supported the proposition th~t bs;fs.ir.i: our governmc:11t
taka any steps to resume normal tt.1dc :ind diplomatic rcl11tions with Cuba, the:
-Go\·enuru:nt of Cuba must provide 11.dcqu:itc compensation for the U.S. propcrtic:s it
unlawfully sciud.
·
Although I w submitting this statement in my capacity ~ Chainnan of the Joint
0.>rporate C<.>mmittcc I. would Wee tO note pucnthctk,lly that I alJo serve as Chaimun
and Ch0cf-€x«actvc-Bi1fic:er of Lone Star Industries, Inc. Lone Star is a ~rtificd daim
holder whose cement plant at Ma.rid wu ~izcd by the Cub:tn Government in 1960.
Lone Star'$ claim i., valued at $24. 9 million plus 6% lntcrc1t since the date of sci~urc.
On lx:half of ou~ ('...ommittee, I W4llt to commtnd the ~ignifo;anl contribution you
have made to the debate on U.S .•Cuba policy by foL"tning ~ne~d attention on the
Cutro regime's unlawful expropriation of U.S. property •• m i..~~ue that all too oft~n gets
lost in the debate over the wi$dom of the.embargo policy. fu:<:1>gnizing the importil.llt
rvle th4t tr4dc and investment by U.S. businesses will have in Cuba 1s·economic
rccon$tru~ion and its eventual rctutn to the intcrn:ation;J m0101unitv, cvid~n,e of
concrete StCpi by the Government of Cuba tow:1tds the satisfactory rewlution of th,
proixrty dwns ~sut must be ~ csscntidl condition for the resumption of cconomk· 3nd
diplomatic tica between our n3tions.
�I mini. it is irnporuu1L lo recall the essential =on /or which the U.S. government
first imposed a partial trade embargo against Cuba in 1960, followed by the suspension of
o.iplomatic relations in 1961 and the unposition of 11. tottl trade embargo in l 96:2. Th~
actions were t:ikcn in direct response to the Castro regime's expropriation of properties
held by American citii(ns and companies without payment of prompt, adequate and
cfkcth·e compensation as required under U.S. md imcm:uionu law. Th~ illeeiil
confucation of private assets wu the largctt uncompemated taking of American property
in the history of our country, affecting scores of Individual compa.n.itS am.! invcsLon In
Cuba.n ~ntl'.Triscs.
Th= citiz.:11.$ and comprnic~ wh0,$C property was confu=ed ha.ve a. leg,il right
1'¢(0gniud in long-established international law to receive adequate compensation or the
return of their property, Indeed, Cuba's Constitution of 1940 and even t.hc dCCCCC6
issued by the Cut.ro regime since it ~e to power in 1959 recognized the principle of
~ompensation for confiscated properties, PUt$Uant to Titlc V of the lntcmationaJ Claims
~cment A(.t. 1 the cl~ of U.S. citizens and corpor~tions &&aillSt the Cuban
govcnunent have been adjudicated and cenified by the Foreign Clainu ~ttkment
Comnumon of the United States. Yet to this day, th~ ccrtlficd clairru remain
uruawf1ed.
It is our ~ition th1.t Liftin& the ~mbe.r~ prior to tt.!olution of the cl.aim$ issue
.would be unwise as ll. natter of policy and damaging to our settlement negotiations
posture. F!nt, lt would set a bad p=dent by aign,Jing • wi111ngnc.,s on the part of our
nation to tolerate Cuba's failure to abide by prectpts of international law. Other foreign
nations, oonsequcntly, may draw the conclusion that unlawful seizure& of prop«ty an
~ without con~qt1ence, thereby leading to future unlawful confiscations of Ameria.o.
propcnics without compensation, Second, lifting the embargo would remove the best
leVCUSC we have in compelling th, Cuban go~.nmcm to aodteu the dalms of U.S.
nationals ind would place our negotiators at a terrible ~adVll.lltagc in s ~ just
compcmuion and r«titutk1n. We depend on our government to protect the rights of lts
ciclzeru when they are hmne<I by the unlawful actions of a foreign agent. The Joint
CorpoCAtc Committee greatly appreciates the stcadfut suppon our State I>cpartmcnt has
provlclccl over the yean on the <:llim.l i.mle. However, we recoswz.c tha.t the powefl\11
tool of unctions will be crucial to tbc: Dcpan:rncnt's ability ultimately to cffca: a jun
r~lutlon of thus i4,1ue, ..
Apart from the need to redress the lcgiwmtc grievan~ of tJ .S. claimants, we also
ihould not overlook the wntribution th<:IH: dtizeru end eompani«G made to the economy
of pre-revolutionary Cuba, helping to make it one of the top ranking Latin Amcrian
«nin~e4 in terms of living sundan:l.s and economic growth. Many ot these comptnlu
tnd individuals look forward to returning to Cuba to work with iu people to help rebuild
th¢ nation and invest i.n its future. & was the cue in pr~-n;volutionary Cuba, the ability
of the Cuban govcmmcnt to attnct roreign investment on~ ~ will bt. kq to the
$UCCCS$ of any national policy of economic rcvitaliution.
2
�However, unless and until potential investors can Ix ass\11'.ed of their right to own
property free from the threat of confiscation without cornpeI:1Sation 1 m.:my U.S. companies
~imply will not be willing to u.ke the ruk of doing btUi.ness with Cuba. It is only by rurly
and reasonably addrt$sing the clwns issue that the Cuban government can demonstrate to
the satisfaction of the business conununity its recognition uf and reipcct lot property
righc,.
\Ve 11re plea.;ed that S, 381 do« not waver from the core principle, firmly
embodied in U.S. law, which requires the tdcquatc resolution of the ccnificd d.aimJ
before trade and diplomatic relations berwccn the U.S. and C\lbw goY¢l'nffl¢nU
nonnalizcd.. However, we uc ,oncern«l with provisions of Section 207 of the revised bill
that condition the resumption of U.S. &Mistancc to Cuba on the adoption of step& leading
to th<: sati3faction of cl<Um$ of both the certified claimants ami Cuban-Amcrica.n citizens
who were not U.S. nationals at the time their property wu confiscated. Notwithstanding
the modifying provisions wh11;h a,w,<.l priority to the aettlcment of the ccrt;iflcd c:Wnu
and give the President authority to resume aid upon a showing that the Cuban
-&>vanment has taken ~uffidcnt 6tcps to satisfy the certi.fied clairn.1 1 th.15 dramatl~
cxpmsion of the. d~imtrtt pool, as a practical matter, would ncccssuily impinge upon the
=
property interests of the certified claimants.
Even though the cWmants who were not U.S. ru.tioniw at the time of the
property loss would not enjoy the espousal rights that the certified daima.nts enjoy, the
=~it.ion of a. second tier of claimants by the U.S. Government at a minimum would
nc«-iwily oolor, and likely make: more complicated, my settlement negotlatloD$ with
Cuba (O the dctcimcut of the ~ed cla.imanu.
-.
-
Moreover, the fuct: that the legislation gives prioricy for the ~tkmcnt o f ~
P1"91?erty claims is of little ,oruequenc:e within the context of such t vastly expanded p001
of cluman.u thtt seemingly dc6.ta a rroinpt, adequate and cffcctive settlement of c:lalms.
In addition, on,e th~ ~oond tier o dairn,nt, is rc~ud, It would be exctedlngly
difficult politically for the President to ~ e his wa.ivtt authority, F!.o.ally, thl.! dramatic
expwioi, of the clununt pool would serve es a aignificant dlsinccntlve fur 1. p<>Jt-Cuuu
Cubm Govemrt\et\t to enter into mctnlngful settlement negotlttlons with the United
States given the sheer enormity of the: outaundi.ng d&iml and the pnctlQl imp»1ibillty of
nua/ylng ill th~ d&ima.
- · ln abort, while we are aymptthctlc; to the po.itlon of those individuw and entWc,
who were not U.S. nationals tt the tbuc their property was seiud, wt bellevc that U.S.
Government rcwgnitlon Lncl r¢ptC$Cntation of tlw group of clairoaou - even f'al.l.ing short
of c.,pou.,,J of their cl~ with ci post-~tro govemm.ent in Ci1ba - would hann the
intcresu of the al.ready ccni.ficd clt.ltnanu. We believe thtt the rc«>gnltion of a second tier
of claimffl.U will deby and compllcacc: the scttlcment of c;mified dW'.1$, and may
undc.nnine the prospects for serious settlement negotucions with ~ Cuban Govtrnmcnt.
�It is our view, based on wc:ll-cstabfuhc<l pcindpl~ of international law, th•t
individua.15 and entities who were Cuban nationals at the time their property wa.s
confiscated. must seek resolution of their clairos in Cuban couru under Cuban 1.a.w under a
fun.ir( Cublltl Government whereby the re.spcctivc pmpcrty rights of former and current
Cuban nationals may be fairly determined. In taking that po,!ition, we categorically rej<xt
a.ny nvtivn that ~ u~Luc.ili·.Ged Ainccica.n ha.s uiy lcncr degree of right than 11. na.tivc.bom
American. That objectionable and irrelevant notion serves only to cloud the real issue
here, and that is simply the question of what rights are pettincnt to o. non•nttion:11 ilS of
the date of injury. Simply put, international law does not confer rcuoact.ivc rights upon
nuuralizcd citizen$.
Many of the same objections noted above also apply to Section 802 of the revi$Cd.
bill, which Gilowt U.S. nationals, including hundrcw ot thousands ot naturalized CubanAmericans, to file suit in U.S. couns against p¢t'$ons or entities that traffic In ~ropri,.tcd
pro~y. We believe thl.s Untr.$trictcd provision also will ad\-CCWy affect the righu of
IXCtificd cwmants. By effectively movin15 claim& settlement out of the venue of the
Foreign Claims Settlement Commission and into the federal judiciary, this provision cw
be c~cctcd to i.nvitc hundreds of thousands of commercial and tt.Sidcntla.l property
lawauiu. Apart from the enormous, if not overwhelming, burden th~ lawsuit& will place
on OW' COIi«$, this prov4ion ralJes serious implications with respect to tbe Cuban
Govenunent'~ ability to ~ttisfy cx:rtificd Clam'!$,
first, allowing Cuba. to become liable by way of federal COW't J1.1<3gimnu for
monctuy tUmJ.ges on a r1on-di.smlssible bui$ ncceffirily will reduce whatever moneta.ry
mcms Cuba might have to satisfy the ~ d clalnu. Second, this expected multipliclty
of l,wsuiu undo11bte<ily wiU cloud title to property l.n. Cuba for yem, thereby kucning
the prospccu for l'(Stitutionuy approaches in satisfaction of some of these cWms.
Mot(()vct, under this provision, the Ptt.Sldent would have no power to dlsml$$ th* suJu
u an.incident of nomullzlng relations with a dctnoaatktlly ckcted government in Cuba
once they are ronuncnced. C.Onsequently, the foreign investment that will be crucial to
Cuba'G $ucceuful implcment:1tlon or muket-orierttC4 reforms will be ill but prcclud.ed by
these unreaolved !¢gal proceedings.
In ronct\lsion, we want to QOJMl.Cttd you tor your efforts in ralsi.ng the profile of
the .P1'9PC1t>' ch•bm =ue and· focusing attention on the importtn.cc of tc!Olvlng these
-cliI.riu to the full restoration o! democrAcy and free enterprise in Cuba. We a l s o ~
and apprcdatc the efforts you have made to modify this legislation in. response to the
concerns cxpl'($$((1 by the ccrtlftcd claimant community; however, we hope tht.t you will
further consi~ our continuing concerns n:g21"(ling the implication, of this lcgi$lttion. for
the legal righu of certified cla.lmants, an tlrcady overburdened ooutt ,ystw, the~
settlement pro~s ~nd thr. or<lr.rly d~position
environment.
nr dmru,
artd th<'! J'O't-Cutro invertment
�
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Title
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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-1296
Title
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Form letter from the Joint Corporate Comittee on Cuban Claims to U.S. senators expressing opposition to Helms-Burton bill (H.R. 927)
Date
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10 October 1995
Creator
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Joint Corporate Comittee on Cuban Claims
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This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
Source
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Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 8 Folder 84
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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
-
https://d1y502jg6fpugt.cloudfront.net/11079/archive/files/988c2fd6b4df976a9bcdfe322784f78a.pdf?Expires=1712793600&Signature=lYf3ARIJdRLT29vndaE5ISLJs1U-Teh6x%7E1QX2fKgidLsMDHEa0E7G5Z4KtgWf9TZP52REyXXtEqkawxzNMXQCJhyBPy5xj8bCmOxL0iX0dpokfEpzvvNFPI%7EVrWsWAZUeOdKhEozDBzMEifX3dr8xeeSxYN093xpL9XnP--luPCFQ50IuRwAZlpj40gcFp9lbQm3OAgifJ9cA4yf993%7EiDROq1UxjhXiuEhkd%7EUAcP2kydbVBacmSQ20TGcg1qwI5GIhUcRWU6MHBxrOSR7O3mFLP%7ERDcCf93CY3MpNwakTk3Z9I28hoY2Z8sEQ13MwroEHXpFjcwuH4mNezT46jQ__&Key-Pair-Id=K6UGZS9ZTDSZM
f2986cd01685961814625a7a2c01f574
PDF Text
Text
What's Wrong with Helms/Burton?
Administration Talking Points
0
The Helms bill would not promote a peaceful transition in
Cuba.
New sanctions against foreign investors
("traffickers") would provide a rallying point for Castro
inside Cuba, and allow him to keep the focus on "U.S.
aggression" rather than on the need for reforms.
0
The bill's attempts to increase existing pressure on the
Cuban government would likely be counterproductive, and
could be more damaging to U.S. interests than to Castro.
0
The bill would create serious frictions with our allies at
a time when they are becoming more active and helpful in
promoting human rights in Cuba. Because of its
extra-territorial reach, the Helms bill will focus allies'
attention on opposing U.S. policy, rather than on pressing
for democracy in Cuba.
0
While U.S. policy is to discourage foreign investment in
Cuba, particularly when it would involve expropriated U.S.
properties, our efforts to deter it should not prompt us to
sacrifice our broader interests or undermine valuable
principles of international law.
0
Title III of the bill, which would allow U.S. nationals
with expropriation claims against Cuba to sue in U.S.
courts third country nationals who invest ("traffic") in
those properties, is a bad idea.
It could clog up U.S. courts with a flood of lawsuits,
filed mainly by Cuban-Americans.
It would complicate prospects for resolving the claims
of certified U.S. claimants (and hamper future Cuban
privatization efforts) by tying up properties in
court. Certified U.S. claimants oppose this bill.
It would create a dangerous precedent that, if
followed by other countries, could expose U.S.
investors in Eastern Europe, China or elsewhere .t.Q
lawsuits in third countries anywhere in the world
brought by disgruntled property claimants.
It would be extremely difficult to justify under
international law and has already drawn harsh
criticism from our allies.
0
0
0
The U.S. expects to negotiate successful resolution of
certified claims with a future Cuban Government under
existing international law, and assist other U.S. claimants
as well.
The U.S. already has in place against Cuba its toughest and
most comprehensive economic embargo. The embargo has
helped to force the limited but positive economic changes.
Let's keep international pressure on Castro, not focus it
on ourselves.
�Questions and Answers on
The Cuban Liberty and Democratic Solidarity Act
(The Helms/Burton Bill)
1.
Isn't Helms/Burton just what we need to get rid of Castro?
Shouldn't we toughen U.S. policy?
2. Haven't recent changes in the Helms bill taken care of all
the Administration's problems?
3. Would Title III lawsuits really violate international law?
4. Shouldn't we try to move international law in the direction
of penalizing "traffickers?" Wouldn't U.S. business be
better off?
5. Will Title III help U.S. claimants get their properties
back, or get compensation for their losses?
6.
Is there any hope U.S. claimants will get compensation from
Cuba without Title III? What about Cuban-Americans who
weren't U.S. citizens when their property was taken?
7. Can the Cuban Government be sued under Title III? Does
international law permit that?
8. How may lawsuits are likely to be filed?
9. How will Helms/Burton affect Cuba's transition process once
a transition government is in power?
10. What do U.S. allies think about the bill?
Question:
Won't the Helms/Burton legislation give Castro the "final push"
necessary to get rid of him? Shouldn~t U.S. policy be
toughened?
Answer:
o
The Helms bill would NOT promote a peaceful transition in
Cuba.
The bill's attempts to increase existing pressure on
the Cuban government would likely be counterproductive.
o
New sanctions against foreign investors ("traffickers")
would provide a rallying point for Castro inside Cuba, and
allow him to keep the focus on "U.S. aggression" rather
than on the need for political and economic reforms.
o
The bill would also create serious frictions with our
allies at a time when they are becoming more active and
helpful in promoting human rights in Cuba.
o
It is difficult to find new, constructive ways to apply
pressure on the Castro regime because the U.S. already has
in place against Cuba its toughest and most comprehensive
economic embargo, The embargo has helped to force the
limited but positive economic changes taking place in Cuba.
o
While the U.S. discourages foreign investment in Cuba,
particularly when it would involve expropriated U.S.
properties, such investment will not ultimately determine
the fate of the Cuban regime. Our efforts to deter it
should not prompt us to sacrifice our broader interests or
undermine valuable principles of international law.
�-
2 -
Question:
Haven't the revisions made in the Helms Bill resolved all the
concerns the Administration expressed about the bill earlier?
Answer:
o
No. The Administration still opposes the bill in its
current form.
o
The Helms bill would not promote a peaceful transition in
Cuba.
( see previous question.)
o
In addition, many of its provisions recklessly disregard
broader U.S. interests and relationships and could be
difficult to defend under international law.
o
We are particularly concerned about Title III, which would
create a "right of action" for U.S. nationals with property
claims in Cuba to sue those who invest ("traffic") in those
properties in U.S. courts.
Question:
Would Title III lawsuits really violate international law?
Answer:
o
The right to sue created in Title III would represent an
unprecedented extra-territorial application of U.S. law
that would be very difficult to defend under international
law. The principles behind Title III are not consistent
with the traditions of the international system.
o
U.S. allies have already objected to what they see in Title
III as an improper extra-territorial extension of U.S. law.
o
This right to sue is different from existing provisions of
law which permit U.S. courts to apply principles of
international law in that it involves an extra-territorial
applicaton of U.S. law.
o
The provisions permitting suits against agencies and
instrumentalities of foreign states present still other
legal difficulties.
o
The Department of State has prepared a more detailed
discussion of legal considerations regarding Title III,
which is attached.
�-
3 -
Question:
Shouldn't the U.S. try to "move" international law in the
direction of Title III? Wouldn't U.S. business be better off?
Answer:
0
U.S. business interests abroad would be significantly
damaged if the rest of the world were to follow the
precedent that would be established by Title III.
0
It is well-settled international practice that questions of
ownership of property is determined by the state in which
that property is located.
0
It is the expropriating government that is responsible for
confiscations in violation of international law, not
subsequent investors.
0
Businesses and investors worldwide rely on the
determinations of title made by the governments in the
countries in which property is located.
0
U.S. businesses engage in more international investment
than those from any other country, and profit from these
established "rules of the game."
0
If other countries adopted laws like Helms/Burton, however,
U.S. businesses investing in China, the former East Germany
or Israel, for example, could find themselves subject to
unforeseen lawsuits by disgruntled property claimants from
third countries in the courts of those third countries.
Question:
Will Title III help U.S. claimants get their property back, or .
get compensation?
Answer:
o
Just the opposite. Title III will enormously complicate
the U.S. Government's ability to settle property claims
against Cuba. That's why most U.S. claimants are on record
as strongly opposing these provisions.
o
A flood of pending lawsuits during Cuba's inevitable
transition to democracy and market economics will delay
privatizations and other reforms.
o
Pending lawsuits will also make it more difficult for the
U.S. Government to negotiate a government-to-government
claims settlement agreement because we will likely be
required to determine, on a case-by-case basis, which of
the nearly 6,000 U.S. claimants have availed themselves of
the Title III provision.
�-
4 -
Question:
Is there any hope for certified U.S. claimants to get
compensation without Title III? What about Cuban American
claimants?
Answer:
o
Yes.
In the last several years, the U.S. Government has
negotiated government-to-government claims settlement
agreements in a number of countries that have resulted in
significant compensation for U.S. claimants We expect to
do the same for -- or otherwise satisfactorily resolve
U.S. citizen claims against Cuba when conditions are
right.
(The current Cuban Government would be unlikely to
agree to appropriate terms.)
o
While a government-to-government claims settlement
agreement would cover only expropriations that violated
international law -- those involving claimants who were
U.S. citizens when their property was taken, the U.S.
Government intends to encourage future Cuban Governments to
establish a mechanism under Cuban law to resolve all
property claims, including those of Cuban Americans.
Question:
How many lawsuits are likely to be filed under Title III?
Answer:
o
The truth is that no one knows how many lawsuits will be
filed under Title III, but the universe of potentially
eligible claimants could number in the hundreds of
thousands. While not all eligible claimants would file
suits, if even a relatively small percentage of them did it
could clog up U.S. courts and greatly complicate the tasks
of resolving claims and assisting Cuba's economic recovery.
o
While it could be difficult for plaintiffs to obtain
damages from defendants without assets in the U.S., that
would not prevent plaintiffs from filing suits to obtain
default judgments for use in later negotiations.
Question:
Could the Cuban Government be sued?
international law?
Would that violate
�-
5 -
Answer:
o
Title III permits suits against "any person or entity,
including any agency or instrumentality of a foreign state
in the conduct of commercial activity." The bill thus
appears to permit suits against agencies and
instrumentalities of both the Cuban and other foreign
governments in circumstances that go well beyond existing
law and that would be highly problematic under
internationally-accepted priniciples of foreign sovereign
immunity.
o
Other ambiguities in the bill create at least the
possibility that foreign states themselves -- not only
their agencies and instrumentalities -- could be sued in
U.S. courts. This would present even greater difficulties
under international law and damage to the interests of the
U.S. Government.
Question:
How will the Helms bill affect transition and democratic
governments in Cuba?
Answer:
o
o
While the bill calls for the development of a ''plan" for
U.S. and international assistance to transition and
democratic governments, it contains no authorization of
funds to provide such assistance.
The bill suggests that only limited humanitarian assistance
should be offered to a transition government in Cuba at the
very moment it would most need U.S. help in consolidating
democratic and free market institutions.
o
The U.S. would also be barred from supporting Cuban
membership in the IMF, World Bank and IDB until there is a
democratic government in power, effectively preventing many
of the kinds of support for a transition government these
sources could offer.
o
The requirement in section 104 that the President withhold
U.S. contributions to these institutions if loans to Cuba
are approved over U.S. objections could violate the U.S.
Government's commitments to those organizations and
undermine their effectiveness.
o
If the purpose of Title II of the bill is to offer hope and
incentive to those inside Cuba who seek change, the current
version offers little prospect for significant U.S. help.
�-
6 -
o
Worse still, Title III of the bill will make it extremely
difficult for a transition government to resolve property
claims and privatize state enterprises, and so actively
hamper the efforts of such a government to restore
stability and prosperity to the Cuban economy.
o
Perhaps one of the most objectionable aspects of Title III
is that it will hurt U.S. business seeking to enter the
Cuban market once the transition to democracy begins.
Ironically, the most likely targets of Title III lawsuits
would be U.S. companies seeking to participate in the
rebuilding of a free and independent Cuba.
�
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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
A name given to the resource
Talking Points regarding What's Wrong with the Helms-Burton bill (H.R. 927)
Date
A point or period of time associated with an event in the lifecycle of the resource
circa 1995
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 8 Folder 84
Type
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Text
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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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dc64760ec64ef7ea91e54e24f399c989
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Text
RONALD V. DELLUMS
WASHINGTON OFFICE
9TH DISTRICT, CALIFORNIA
scon
CARLOITIA A. w.
ADMINISTRATIVE ASSISTANT
RANKING MINORITY
CHARLES C. STEPHENSON, JR.
LEGISLATIVE DIRECTOR
COMMIITEE ON NATIONAL SECURITY
REPLY TO
OFFICE CHECKED:
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DISTRICT OFFICE
Qrongrtsn of t4t Nnitth ~atts
2108 RAYBURN H.0.B.
WASHINGTON, DC 20515
(202) 225-2661
Mnu.se nf iepre.sentatiue.s
1301 CLAY STREET
SUITE 1000-N
OAKLAND, CA 94612
(510) 763-0370
SANDRE R. SWANSON
DISTRICT DIRECTOR
H. LEE HAL TERMAN
GENERAL COUNSEL
September 18, 1995
WHY WE SHOULD VOTE AGAINST H.R. 927
Dear Colleagues:
H.R. 927, the "Cuban Liberty & Democratic Solidarity Act will probably be
considered tomorrow, Wednesday, September 20. H.R. 927 will further
tighten the embargo against Cuba and reinforce sanctions against foreign
nations and businesses to stop trading with Cuba. I urge you to vote against
it.
The overall effect of the bill on U.S. policy in the Caribbean may be best
addressed by remarks made by Gen. John J. Sheehan, Commander in Chief,
U.S. Atlantic Command, regarding a new security system for the Western
Hemisphere during his keynote address to the Caribbean Security Symposium on April 18, 1995 in Coral Gables, Florida.
The following are excerpts from the General's speech as reported, quoted by,
and commented upon by the U.S. Atlantic Command Press Release of the
same date. I will be happy to make the release available to you; please call
Ying Lee at 5-2261 for a copy.
"Cuba is not a military threat to the U.S. or the region; it is a social and
economic collapse of Cuba that I am concerned with .... U.S. interests in the
Caribbean are economic. The problems we deal with are illegal economic
migration and drugs."
"The general pointed out that the hemisphere's security is not threatened by external enemies but rather by environmental degradation, rapid
population growth, slow economic development and social imbalances."
"He also pointed out that the events of 1994 demonstrated that economic instability in the Caribbean and elsewhere in the Western Hemisphere,
will manifest itself in the form of a flood of legal and illegal migrants to more
developed nations. "
"Since my command, U.S. Atlantic Command, is responsible for caring
for tens of thousands of Cuban and Haitian refugees that fled their countries
last year and approximately 20,000 still remaining in temporary camps on the
U.S. Naval Station in Guantanamo Bay, Cuba, I can assure you that the economic and, in one case, the political difficulties of the region will eventually
become a major problem requiring vast resources for only temporary
solutions."
I believe that the General's comments reflect the reality that tightened
economic sanctions against Cuba will destabilize the region, to the detriment
of U.S. security interests. I urge you to consider his comments and to join
with me in opposing this bill.
ellurns
Member of Congress
�
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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-1298
Title
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Dear Colleague letter from Representative Ronald V. Dellums opposing Helms-Burton bill (H.R. 927)
Date
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18 September 1995
Creator
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Dellums, Ronald V., 1935-2018
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
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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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413e95d95e1283a7c5531d8dd0d08773
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Text
l nitcd Stal<'~ lkpartnwnt ol' Stal<'
.
II (/.\ Illllf!)/11/. /) . (."
_')().·-)_·)()
LEGAL CONSIDERATIONS REGARDING
TITLE III OF THE LIBERTAD BILL
The U.S. Government has long condemned as a violation of
international law the confiscation by the Cuban Government of
properties taken from U.S. nationals without compensation, and
has taken steps to ensure future satisfaction of those claims
consistent with international law.
Congress recognized the key
role of international law in this respect. Title V of the
International Claims Settlement Act of 1949, as amended, pursuant
to which the Foreign Claims Settlement Commission (FCSC)
certified the claims against Cuba of 5,911 U.S. nationals,
accordingly applies to claims "arising out of violations of
international law."
The State Department, however, opposes the creation of a
civil remedy of the type included in Title III of the "Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1995" (the
"LIBERTAD bill") currently under consideration by the Congress.
The LIBERTAD bill would be very difficult to defend under
international law, harm U.S. businesses exposed to copy-cat
legislation in other countries, create friction with our allies,
fail to provide an effective remedy for U.S. claimants and
seriously damage the interests of FCSC certified claimants.
It
would do so by making U.S. law applicable to, and U.S. courts
forums in which to adjudicate claims for, properties located in
Cuba as to which there is no United States connection other than
the current nationality of the owner of a claim to the property.
Specifically, the LIBERTAD bill would create a civil damages
remedy against those who, in the language of the bill, "traffic"
in property of a U.S. national.
The bill defines so-called
"trafficking" as including, among other things, the sale,
purchase, possession, use, or ownership of property the claim to
which is owned by a person who is now a U.S. national.
The civil remedy created by the LIBERTAD bill would
represent an unprecedented extra-territorial application of U.S.
law that flies in the face of important U.S. interests. Under
international law and established state practice, there are
widely-accepted limits on the jurisdictional authority of a state
to "prescribe," i.e., to make its law applicable to the conduct
of persons, as well as to the interests of persons in things.
In
certain circumstances a state may apply its law to extraterritorial conduct and property interests.
For example, a state
may do so in limited circumstances when the conduct has or is
intended to have a "substantial effect" within its territory.
The Senate version of the bill appears to imply that so-called
�-2-
"trafficking" in confiscated property has a 11 substantial effect"
within the United States. Some have explicitly defended the
LIBERTAD bill on this ground.
Asserting jurisdiction over property located in a foreign
country and expropriated in violation of international law would
not readily meet the international law requirement of
prescription because it is difficult to imagine how subsequent
11
trafficking 11 in such property has a 11 substantial effect" within
the territory of the United States.
It is well established that
under international law 11 trafficking 11 in these confiscated
properties cannot affect Cuba's legal obligation to compensate
U.S. claimants for their losses. The actual effects of an
illegal expropriation of property are experienced at the time of
the taking itself, not at any subsequent point. An argument that
subsequent use or transfer of expropriated property may interfere
with the prospects for the return of the property would be hard
to characterize as a 11 substantial effect 11 under international
law. Under international law, the obligation with respect to the
property is owed by the expropriating state, which may satisfy
that obligation through the payment of appropriate compensation
in lieu of restitution.
As a general rule, even when conduct has a 11 substantial
effect 11 in the territory of a state, international law also
requires a state to apply its laws to extra-territorial conduct
only when doing so would be reasonable in view of certain
customary factors.
Very serious questions would arise in
defending the reasonableness under international law of many
lawsuits permitted by Title III of the LIBERTAD bill. The
customary factors for judging the reasonableness of extraterritorial assertions of jurisdiction measure primarily
connections between the regulating state, on one hand, and the
person and conduct being regulated, on the other. Title III
would cover acts of foreign entities and non-U.S. nationals
abroad involving real or immovable property located in another
country with no direct connection to the United States other than
the current nationality of the person who holds an expropriation
claim to that property. Moreover, the actual conduct for which
liability is created -- private transactions involving the
property -- violates no established principle of international
law. Another customary measure of reasonableness is the extent
to which the exercise of jurisdiction fits with international
practice. The principles behind Title III are not consistent
with the traditions of the international system and other states
have not adopted similar laws
International law also requires a state assessing the
reasonableness of an exercise of prescriptive jurisdiction to
balance its interest against those of other states, and refrain
from asserting jurisdiction when the interests of other states
are greater.
It would be very problematic to argue that U.S.
�-3-
interests in discouraging "trafficking" outweigh those of the
state in which the property is located, be it Cuba or elsewhere,
International law recognizes as compelling a state's interests in
regulating property present within its own borders. The United
States guards jealously this right as an essential attribute of
sovereignty.
In contrast, discouraging transactions relating to
formerly expropriated property has little basis in state
practice.
That international law limits the United States' exercise of
extra-territorial prescriptive jurisdiction does not imply that
U.S. courts must condone property expropriations in cases validly
within the jurisdiction of the United States. Our courts may
refuse to give affect to an expropriation where either (i) the
expropriation violated international law and the property is
present in the United States or (ii) in certain cases, the
property has a legal nexus to a cause of action created by a
permissible exercise of prescriptive jurisdiction.
In fact,
generally speaking, our laws prohibit our courts from applying
the "Act of State" doctrine with respect to disputes about
properties expropriated in violation of international law.
If
applied the doctrine might otherwise shield the conduct of the
foreign state from scrutiny.
Indeed, in a number of important
cases the Department of State has actively and affirmatively
supported these propositions in cases before U.S. courts to the
benefit of U.S. claimants, including with respect to claims
against Cuba. The difficulty with Title III of the LIBERTAD bill
sterns not from its willingness to disaffirm expropriations that
violate international law, but from its potentially indefensible
exercise of extra-territorial prescriptive jurisdiction.
Some supporters of the LIBERTAD bill have advanced seriously
flawed arguments in defending the extra-territorial exercise of
jurisdiction contemplated by Title III. Some have defended Title
III on the deeply mistaken assumption that international law
recognizes the wrongful nature of so-called "trafficking" in
confiscated property. No support in state practice exists for
this proposition, particularly with regard to property either
held by a party other than the confiscator or not confiscated in
violation of international claims law (if, for example, the
original owners were nationals of Cuba at the time of loss.)
Many of the suits allowed by Title III would involve
11
trafficking" in properties of this type, where an
internationally wrongful act would seem extremely difficult to
establish.
Regrettably, the support in international state practice
offered by some for viewing so-called 11 trafficking" as wrongful
has generally confused a state's power to assert jurisdiction
over conduct with the "Act of State" doctrine, discussed
previously. The unwillingness of our courts to give effect to
foreign state expropriations violative of international law in
�-4-
matters over which they have valid jurisdiction under
international law, however, does not imply that international law
recognizes as wrongful any subsequent entanglement with the
property. Others have suggested that general acceptance of
domestic laws relating to conversion of ill-gotten property makes
"trafficking" wrongful under international law.
This argument is
extremely unpersuasive as many universally accepted domestic
laws, including for example most criminal laws, have no
international law status. So-called "trafficking'' has no readily
identifiable international law status.
International law does
condemn a state's confiscation of property belonging to a foreign
national without the payment of prompt, adequate and effective
compensation.
In such circumstances the U.S. Government has been
largely successful in assuring that U.S. claimants obtain
appropriate compensation, precisely because of the protection
afforded by international law.
Some supporters have maintained incorrectly, in addition,
that Title III is similar to prior extra-territorial exercises of
jurisdiction by the United States over torts committed outside
the United States.
The Alien Tort Statute (ATS) and the Torture
Victim Protection Act of 1991 (TVPA) have been cited as examples
in this context.
The assertion is plainly false and the LIBERTAD
bill differs significantly from the examples cited. While the
ATS and TVPA do empower U.S. courts to adjudicate certain
tortious acts committed outside the United States, they do so
only with respect to acts that violate international law. The
ATS covers only torts "committed in violation of the law of
nations or a treaty of the United States." Similarly, the TVPA
creates liability for certain conduct violating fundamental
international norms of human rights (i.e. torture and extrajudicial killing).
In contrast, as explained previously,
supporters of the LIBERTAD bill have failed to identify any basis
in international law permitting the use of U.S. courts for the
adjudication of suits regarding extra-territorial "trafficking."
Title III of the LIBERTAD bill also deviates substantially
from accepted principles of law related to the immunity of
foreign sovereign states, as well as their agencies and
instrumentalities. Although much of the discussion of the bill
has focussed on suits against certain foreign corporations and
individuals, in its current form the Senate version of the bill
would allow a suit to be brought against "any person or entity,
including any agency or instrumentality of a foreign state in the
conduct of commercial activity" that "traffics" in confiscated
property.
Since "trafficking" is defined to include such things
as possessing, managing, obtaining control of, or using property,
it would appear at a minimum that Title III authorizes suits
against many Cuban or other foreign governmental agencies or
instrumentalities.
To the extent Title III provides for such
suits, they would be highly problematic and difficult to defend.
�-5-
The Foreign Sovereign Immunities Act (FSIA), enacted in 1976
after careful deliberation, is consistent with international law
principles of foreign sovereign immunity. To the extent the
LIBERTAD bill would permit suits against agencies and
instrumentalities of foreign governments it would go far beyond
current exemptions in the FSIA. The LIBERTAD bill, unlike the
FSIA, would not require the agency or instrumentality to be
"engaged in commercial activity in the United States." Moreover,
the LIBERTAD bill contemplates suits against agencies or
instrumentalities of foreign states for any conduct that
constitutes so-called 11 trafficking 11 ; as defined in the LIBERTAD
bill this notion is broader than owning or operating property,
the FSIA standard.
Similarly, to the extent the provisions of the LIBERTAD bill
permitting suits against "entities" is construed to authorize
suits against foreign governments as well, it would go well
beyond current exemptions in the FSIA and under international law
for claims involving rights in property. Under the FSIA, a
foreign state (as distinguished from its agencies and
instrumentalities) is not immune only when the "property or any
property exchanged for such property is present in the United
States in connection with a commercial activity carried on in the
United States by the foreign state." The LIBERTAD bill would
appear not to impose those requirements.
In addition, suits
against "entities" would in these circumstances include those
brought against foreign governments other than Cuba that may have
acquired confiscated property in violation of no principle of
international claims law.
These potential expansions of the
exceptions from the immunity of foreign states, as well as their
agencies and instrumentalities, from the jurisdiction of U.S.
courts and their implications for U.S. liability in other
countries represent matters of great concern.
Some have suggested that even though the creation of a cause
of action such as that contemplated in Title III of the LIBERTAD
bill is not currently defensible under international law, the
United States should enact these provisions of the bill to
promote the development of new international law principles in
this area.
Suggestions of this sort in this context rest on a
dubious premise of how state practice contributes to international law. While the practice of states represents a source
of international law, state practice makes law only when it is
widespread, consistent and followed out of a sense of legal
obligation. The enactment of Title III in the face of serious
questions about its consistency with international law, and
without the support of the international community, would not
contribute positively to international law relating to the
expropriation of property.
In addition to being very difficult to defend under
international law, enactment of Title III would also undermine a
�-6-
number of important U.S. interests connected to these significant
international law concerns. General acceptance of the principles
reflected in Title III would harm U.S. business interests around
the world. At present and in general, the laws of the country in
which the property lies govern the rights to that property,
particularly with respect to real property. United States
businesses investing all over the world benefit from their
ability to rely on local law concerning ownership and control of
property. Under the precedent that would be set by Title III, a
U.S. business investing in property abroad could find itself
hailed into court in any other country whose nationals have an
unresolved claim to that property. Such a precedent could
increase uncertainties for U.S. companies throughout the world.
Perversely, Title III would hurt U.S. businesses most directly in
Cuba. U.S. businesses seeking to rebuild a free Cuba once a
transition to democracy begins will find themselves easy targets
of Title III suits, as U.S. corporations generally are subject to
the jurisdiction of our courts.
Congress should expect that the enactment of Title III of
the LIBERTAD bill, with its broad extra-territorial application
of U.S. law, significant departures from established claims
practice and possible contravention of international law, will
create serious disputes with our closest allies, many of whom
have already voiced their objections. The United States must
expect the friction created by Title III to hurt efforts to
obtain support in pressing for change in Cuba. Moreover, once
the transition to democracy does begin, Title III will greatly
hamper economic reforms and slow economic recovery as it will
cloud further title to confiscated property.
Perhaps most importantly, Title III of the LIBERTAD bill
would not benefit U.S. claimants. The private right of action
created by Title III, furthermore, would likely prove ineffective
to U.S. claimants.
Past experience suggests that countries
objecting to the extra-territorial application of U.S. law
reflected in Title III, most likely some of our closest allies
and trading partners, could be expected to take legal steps under
their own laws to block adjudication or enforcement of civil
suits instituted against their nationals. Moreover, many foreign
entities subject to suit would deem U.S. jurisdiction
illegitimate and fail to appear in our courts. Title III would
in those circumstances merely produce unenforceable default
judgements.
In addition, some commentators have estimated
potential law suits to number in the hundreds of thousands, so
the LIBERTAD bill would also clog our courts and result in
enormous administrative costs to the United States. As the
lawsuits created under Title III might not result in any increase
in or acceleration of compensation for U.S. claimants, these
costs would be unjustifiable.
�-7-
In so far as it departs from widely accepted international
claims law, Title III of the LIBERTAD bill undermines widelyestablished principles vital to the United States' ability to
assure that foreign governments fulfill their international
obligations for economic injury to U.S. nationals.
In doing so,
Title III hurts all U.S. citizens with claims against another
government. With respect to claims against Cuba specifically,
the cause of action contemplated in Title III of the LIBERTAD
bill will hamper the ability of the U.S. Government to obtain
meaningful compensation for certified claimants.
Consistent with
our longstanding and successful claims practice, at an
appropriate time when a transition to democracy begins in Cuba,
the United States will seek to conclude a claims settlement
agreement with the Cuban government covering certified claimants,
or possibly create some other mechanism to assure satisfaction of
their claims.
If Title III is enacted into law and U.S.
claimants have an opportunity, at least on paper, to receive
compensation for claimed properties from third party
"traffickers," the Cuban Government may simply refuse to address
these claims on the grounds that the claimants must pursue
alternative remedies in U.S. courts. Yet, as indicated
previously the prospects for broad recoveries in this manner are
very poor.
Even if Cuba accepts its international law responsibilities
with respect to U.S. claims, the United States can expect that a
large quantity of private suits would profoundly complicate
claims-related negotiations, as well as subsequent claims payment
procedures. Cuba might easily demand that the United States
demonstrate that each person holding an interest in any of the
nearly 6,000 certified claims, and possibly the tens of thousands
of uncertified claims, has not already received compensation via
a lawsuit or private settlement. As the United States will not
have records of private suits, let alone non-public out of court
settlements, doing so would be extremely difficult.
In addition,
dealing with unpaid judgments in this context would likely prove
particularly difficult.
Finally, the Castro regime has already used, and if enacted
into law would continue to use, the civil cause of action
contemplated by Title III of the LIBERTAD bill to play on the
fears of ordinary citizens that their homes or work places would
be seized by Cuban-Americans if the regime falls.
The United
States must make it clear to the Cuban people that U.S. policy
toward Cuban property claims reflects established international
law and practice, and that the future transition and democratic
governments of the Cuban people will decide how best to resolve
outstanding property claims consistent with international law.
�
Dublin Core
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-1299
Title
A name given to the resource
U.S. Department of State report, "Legal Considerations Regarding Title III of the Libertad Bill"
Date
A point or period of time associated with an event in the lifecycle of the resource
circa 1995
Creator
An entity primarily responsible for making the resource
United States. Department of State.
Description
An account of the resource
This is part of a series of documents related to the Helms-Burton Cuban Embargo legislation (H. R. 927)
Source
A related resource from which the described resource is derived
Congressman John Joseph Moakley Papers, 1926-2001 (MS100)
Series 03.06 Legislative Assistants' Files: Stephen LaRose, Box 8 Folder 84
Type
The nature or genre of the resource
Text
Documents
Format
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>
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Cuba
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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
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Title
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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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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-1300
Title
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Letter from Secretary of State Warren Christopher to House Speaker Newt Gingrich expressing opposition to Helms-Burton bill (H.R. 927)
Date
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20 September 1995
Creator
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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
Type
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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.
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>
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Cuba