Cuba Affirms Steadfast Defence of Its Human-Centred Nation-Building Project

Donald Trump Revokes Removal of Cuba from List of State Sponsors of Terrorism

"President Trump, in an act of arrogance and contempt for the truth, has just reinstated the fraudulent designation of Cuba as a state sponsor of terrorism," Miguel Díaz-Canel Bermúdez, President of the Republic of Cuba and First Secretary of the Central Committee of the Communist Party of Cuba stated on social network X on January 20.

"It is not surprising. Its objective is to continue strengthening the cruel economic war against Cuba for the purpose of domination," he added. 

Díaz-Canel was referring to the decision taken by the incoming President of the United States Donald Trump on his first day in office when he revoked 78 actions, executive orders, and presidential memoranda approved by his predecessor, Joe Biden.

"The result of the extreme economic siege measures imposed by Trump has been to provoke shortages among our people and a significant increase in the migratory flow from Cuba to the United States. This insulting and abusive action confirms the lack of legitimacy of the listings and unilateral coercive mechanisms of the U.S. government. The legitimate and noble cause of our people will prevail and once again carry the day," the Cuban Head of State declared.

Trump rescinded the Presidential Memorandum of January 14 issued by then President Biden, which stated that the Government of Cuba had not provided any support to international terrorism during the previous six-month period and offered assurances that it would not support acts of international terrorism in the future.

The list of "restricted entities" (NSPM-5), created during Trump's first term, signed in June 2017, was also reinstated.[1]

In the communiqué published on January 14 on Presided Biden's gesture, the Cuban Foreign Ministry (MINREX) raised the possibility that the U.S. government could in the future reverse the measures adopted by Biden that day, as has happened on other occasions, and as a sign of the lack of legitimacy, ethics, consistency and reason in its conduct against Cuba.

Note

1. On January 14, 2025, President Biden rescinded Cuba's designation as a State Sponsor of Terrorism ("SST") and removed restrictions on financial transactions with certain Cuban parties by issuing to Congress a Certification of Rescission of Cuba's Designation as a State Sponsor of Terrorism ("Certification") and National Security Memorandum 29 ("NSM-29") revoking a past National Security Presidential Memorandum related to Cuba that had been issued by then-President Trump in June 2017.

Biden's executive order of January 14 rescinding Trump's Presidential Memorandum of January 12, 2021 stated that the Government of Cuba had not provided any support to international terrorism during the previous six-month period and offered assurances that it would not support acts of international terrorism in the future.

The list of "restricted entities" (NSPM-5), created during Trump's first term as President, also signed in June 2017, was also reinstated.

President Biden also sent a Letter to the Chairmen and Chair of Certain Congressional Committees on the Suspension of the Right to Bring an Action Under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (also known as the Helms-Burton Act) ("Title III Letter") suspending for six months beyond January 29, 2025 the right to bring an action under Title III of the Act for "trafficking" in confiscated property claimed by U.S. nationals.

Trump rescinded both the Certification and NSM-29, effectively reinstating the status quo. He does not appear to have rescinded the Title III Letter yet but no one would be surprised if he did not extend the six-month suspension of the right to bring an action under Title III as he was the first president to not continue suspension of the provision since its enactment in 1996, having allowed it to proceed for the first time in April 2019.

Cuba was originally designated as an SST in 1982, but President Barack Obama rescinded that in May 2015. Then, on January 11, 2021, in the final days of the first Trump administration, the U.S. State Department announced Cuba's redesignation as an SST for allegedly supporting acts of international terrorism and granting safe harbor to terrorists.

Cuba is already subject to comprehensive sanctions and strict export controls. For example, the Biden administration never reversed the first Trump administration's imposition of a 10 per cent de minimis threshold on Cuba in October 2019.

Sanctions and Export Controls Implications of the Redesignation

The sanctions and restrictions triggered by Cuba's SST status, in U.S. parlance, include:

1. A licensing requirement for exports or reexports of goods or technology that could significantly enhance Cuba's military capability or ability to support terrorism;

2. A prohibition on exports and reexports to Cuba of defense articles and defense services and related technology under the International Traffic in Arms Regulations;

3. A requirement for the U.S. to oppose loans to Cuba by the World Bank and other international financial institutions;

4. A prohibition on any assistance to Cuba under the Food for Peace, Peace Corps, and Export-Import Bank programs;

5. A prohibition on U.S. Persons (i.e., entities organized under U.S. laws and their non-U.S. branches; individuals and entities physically located in the United States; and U.S. citizens and permanent resident aliens, wherever located or employed) from engaging in financial transactions with the Cuban government without a license from the U.S. Department of the Treasury's Office of Foreign Assets Control, under the Terrorism List Governments Sanctions Regulations; and

6. An exception to sovereign immunity that allows individual U.S. Persons to bring claims against the Cuban government in U.S. courts for personal injury and death resulting from terrorism or material support for terrorism.

The "Cuba Restricted List"

The "Cuba Restricted List" was developed pursuant to NSPM-5 and comprises entities determined to be under the control of, or who act for or on behalf of, the Cuban military, intelligence, or security services or personnel and with which direct financial transactions would disproportionately benefit the Cuban military, intelligence, or security services or personnel at the expense of the Cuban people or private enterprise in Cuba. On January 16, 2025, the U.S. Secretary of State issued a notice announcing that the rescission had occurred. This rescission has now been withdrawn.

Persons subject to U.S. jurisdiction are generally prohibited from engaging in certain direct financial dealings with entities and subentities identified by the State Department on the Cuba Restricted List.

(Granma International, January 20, 2025; sanctionsnews.bakermckenzie.com)

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This article was published in

Thursday, January 23, 2025

Article Link:
https://cpcml.ca/ITN2025/Articles/TI55051.HTM

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