February 25, 2012 - No. 8

Agenda of the Harper Government

No U.S. Troops on Canadian Soil!
Oppose All Justifications to Strengthen
U.S. Military Grip Over Canada

Agenda of the Harper Government
No U.S. Troops on Canadian Soil! Oppose All Justifications to Strengthen U.S. Military Grip Over Canada - Enver Villamizar
U.S. Command Over Canada and Demands for New Arrangements Revealed

Pseudoscience in the Service of Imperialism
Beware the Facile Use of Climate Change Explanations - Dougal MacDonald

Cuba
Raul Castro Meets High Ranking U.S. Republican and Democrat Senators
Associated Press Investigation Reveals New Illegal Actions by Alan Gross
The Cases of Alan Gross and the Cuban Five - Salim Lamrani with contributions from Wayne Smith, Center for International Policy, Cuba Report


Agenda of the Harper Government

No U.S. Troops on Canadian Soil!
Oppose All Justifications to Strengthen
U.S. Military Grip Over Canada

A troubling aspect of the Harper government's agenda are the new arrangements being put in place to make permanent the placement of U.S. troops and security agencies on Canadian soil, as well as to integrate the command of the Canadian military with that of the U.S. This includes integrating the Canadian military with civilian agencies which then come under the joint command structures. These arrangements are being put in place by the two militaries with the approval of the Harper government which justifies it all in the name of "security," including having the military secure the economy of North America.

On January 24 Minister of Defence Peter MacKay addressed the Permanent Joint Board on Defence (PJBD), a bi-national institution made up of military and political officials of the U.S. and Canada. The Board was meeting to finalize a new Combined Defence Plan for North America, and to renew the Civil Assistance Plan (CAP). The CAP is an unclassified document that permits the military of one nation to enter the other in a "civil emergency." The CAP was originally established by the Chrétien Liberal government following the attacks of September 11, 2001, but under the Conservatives it is being made permanent. Meanwhile, the new Combined Defence Plan (CDP) is classified.

The PJBD is the highest-level bilateral defence and security forum between the United States and Canada. It was established in 1940 in the midst of the Second World War and is responsible for planning for continental defence. Especially since September 11, 2001, it has overseen the establishment of all kinds of new arrangements between the two militaries with the aim of creating one military force for North America under U.S. command. The thrust of these new arrangements has been to seek ways to place this force in command of many aspects of civilian life.

Presenting justifications for the push to permit U.S. military control over Canada, MacKay claimed that the new "political dynamic" in the world means that the two militaries must view the economy as a matter of "national security." MacKay said:

"We are living in a time of rapidly developing political dynamics that demand nimble and responsive capabilities and we must all work together in response to today's challenges.

"That also means that we have to alter our mindset from a traditional defence and security perspective to one that considers the links between security and economy as well.

"That's because for more than forty years, the increasing integration of the economies of the United States and Canada has been the key to our two countries' prosperity and security.

"Yet we have come to recognize that commerce is not only a source of security -- it can also be a source of vulnerability."

He cited the progress towards creation of a North American Security Perimeter as an example of how the two governments are working jointly to "secure" the North American continent.

"Together, these initiatives work to ensure that the vital economic partnership that joins our two countries continues to be the cornerstone of our economic competitiveness and security as together we face the challenges of the 21st century," MacKay said.

He then outlined how the renewal of the CAP and the CDP are part of ensuring the continental economy continues to be "secure" in the face of any threats, and that this involves working directly with civilian agencies. Speaking to the significance of the renewal of the CAP, MacKay stated that the agreement: "[...] is valuable because it permits the rapid deployment of military personnel and assets to respond to humanitarian events. In the event of floods, forest fires, hurricanes, earthquakes, or to assist in the aftermath of a terrorist attack -- military members from one nation will be ready to support the armed forces of the other, all supporting lead civilian agencies." Speaking about the CDP, MacKay stated: "This agreement provides a framework for the combined defence of Canada and the U.S. during peace, contingencies, and war."

"We need to increasingly focus our military forces in support of those civilian departments and agencies that have the lead. We need to all work together to mitigate capability gaps, share best practices and cooperate on new approaches," he said.

"The plan describes the authorities and means by which the two governments would approve homeland military operations in the event of a mutually agreed threat, and how our two militaries would collaborate and share information," he said and continued:

"This has already been done to a certain degree, but there is still room for more integrated collaboration -- domestically and bi-nationally.

"I think that we need to begin to consider partnerships from the ground up -- from the local first responders to international organizations.

"And I believe that now is the time to reach out and build links with agencies, both at home and across the border."

The Canadian and American working class and people are opposed to this militarization of civilian life. No doubt these justifications will be used to try and claim that the workers' resistance to monopoly dictate is a threat to the "security" of the economy. Meanwhile the insecurity imposed on the workers by the monopolies will be presented as "necessary" to keep the economy "competitive." It must not pass!

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U.S. Command Over Canada and Demands
for New Arrangements Revealed

A recent document released by the U.S. and Canadian militaries discusses the problems they need to overcome to securely place the Canadian military under the command of U.S. Northern Command through NORAD. NORTHCOM and NORAD already share the same commander. The Framework for Enhanced Military Cooperation among North American Aerospace Defense Command, United States Northern Command, and Canada Command was released on November 25, 2010. It was prepared by U.S. General Victor Renuart, Commander of NORAD and U.S. Northern Command, and Vice-Admiral Bruce Donaldson, Commander of Canada Command.

The document is a striking admission that the Harper government is openly handing Canada over to the U.S. imperialists and facilitating U.S. military control over Canada. It also exposes the extent to which the U.S. military has fully infiltrated the Canadian forces at the highest command levels, not only through the placement of U.S. military officials in Canada, but also through the integration of Canadian military commanders into the U.S. military apparatus.

The entire premise of the direction exposed in the document is that there is a need for the two militaries to "secure North America" in order to keep the continent "free and prosperous." In complete contradiction to any modern and human-centred notion of security the document puts forward the following definition of security for North America: "Security -- use of the military at the request of civil authorities in support of public safety, domestic emergencies, law enforcement and other activities." Based on this conception, the document outlines how the Canadian and U.S. militaries need to work much closer in order to "secure" the North American "Homeland."

In line with this notion, it outlines how events such as the June 2010 meetings of the G8, the Vancouver Olympics and North American leaders' summits were used to work out the seams that need to be sewn in the creation of a "seamless" unified military command. These "seams" include legislation and regulations mainly in Canada on areas such as information sharing, civilian oversight and military structure that the militaries want either changed, removed or introduced.

Summary of Framework's Contents

Under the category of Operations, the Framework outlines problems that emerged during large political events in Canada:

"The 2007 North American Leaders Summit (NALS) held near Ottawa highlighted differences in national legislation and responsibilities for security operations. This was the first Canadian Special Security Event (CSSE) held following Canadian Forces Transformation where the Canadian Chief of Defence Staff (CDS) assigned Commanders NORAD and Canada COM roles as supported commanders [Supported Commander -- a commander having primary responsibility for all aspects of a task and receives support from one or more supporting commanders -- TML Ed. Note.] for their respective portions of the overall mission. Planning for the Vancouver 2010 Olympics prompted a review of the enabling legislation for Canadian domestic air security, and clarification of military support to Canadian security organizations is forthcoming."

The report goes on to outline how in the future, having two "supported commanders" will not necessarily be the favoured operation. The wording in the report implies that singular command, likely by NORAD, which means U.S. command, would be preferred, in order to overcome "differences in authorities."

"The 2007 NALS highlighted areas where command authorities, capabilities, and responsibilities were not sufficiently clear. The assignment of command authorities by the CDS [Chief of Defence Staff] for Vancouver 2010 and the 2010 G8 summit does not imply that two supported commanders will be the preferred command relationship in the future. For preplanned special security events, the CDS or the [U.S. Secretary of Defense] will assign command authorities within their respective countries. Work is continuing to clarify command and control issues in Canadian security operations to ensure that military support is provided to security events in an effective and efficient manner."

The Need to Eliminate Civilian Control Over the Canadian Military

The growing integration of the military into civilian life on both sides of the border is also addressed.

"NORAD and USNORTHCOM share a single Commander's Joint Interagency Coordination Group (JIACG) for interaction with mission partners. The JIACG is comprised of resident and non-resident representatives from other agencies as well as representatives from each headquarters' directorate and special staff sections. The JIACG emphasizes interagency coordination as a process integrated into operations and planning, not a separate function. On behalf of the Commander, the NORAD and USNORTHCOM Interagency Coordination Directorate (N-NC/IC) manages the JIACG. [...]

"Resident at NORAD and USNORTHCOM Headquarters are 16 full-time representatives from non-DOD [Department of Defence] US federal agencies. NORAD also has liaison officers with the Department of Homeland Security and Transport Canada. USNORTHCOM has established habitual relationships with more than 60 US federal agencies, non-governmental organizations, and private sector entities, and has embedded liaison officers in key mission partner organizations.

"During contingency operations, N-NC/IC mans the Interagency Coordination Group (ICG) as a battle cell. Resident mission partner representatives and situation-dependent non-resident representatives operate from the ICG providing on-site subject matter expert assessment and rapid reachback to their parent organizations. The ICG produces the daily JIACG Assessment which focuses on anticipating requests for DOD assistance."

It then presents the Canadian model as less agile as Canada Command can only go into action in response to a request from any "Minister of the Crown":

"Within the Department of National Defence, the policy-level responsibility for interagency coordination rests with the Assistant Deputy Minister for Policy. Canada COM provides support to security operations only in response to a request from mission partners through any Minister of the Crown, but normally through the Minister of Public Safety who is legally responsible for the coordination of the Whole of Government response. The Department of National Defence, Canada COM, and other representatives of the Canadian Forces are embedded in the Whole of Government governance structure through membership on senior-level committees such as the Assistant Deputy Ministers' Emergency Management Committee, reporting to the Deputy Ministers' Security Advisory Committee, which in turn reports to the Operations Committee of the Cabinet. Canada COM is co-located in Ottawa with the other government departments associated with security and has established permanent and semi-permanent liaison officers to assist in coordination. Therefore, from the beginning of any security operation, interagency coordination is automatically incorporated into Canada COM's operational planning process. As a result, Canada COM has no similar organizational structure to the JIACG and has no requirement for such."

Lamenting the differences in the structures of the two militaries, likely as a call for re-organization of the Canadian military to match the U.S., the document states:

"USNORTHCOM and Canada COM are organized differently to accomplish their similar missions.

"USNORTHCOM is organized by service components (AFNORTH, ARNORTH, MARFORNORTH), functional components (JFACC, JFLCC, JFMCC) and several standing Joint Task Forces / Headquarters to accomplish specific missions (JTF-Civil Support, JTF-North, JTF-Alaska, JFHQ-National Capital Region). Fleet Forces Command is a supporting command to USNORTHCOM. For emerging operations, USNORTHCOM will task-organize its forces differently dependent on the situation.

"In contrast, Canada COM is organized regionally, with six Regional Joint Task Forces (RJTFs) tasked with conducting all military operations within their assigned region. Commander Canada COM exercises operational command (OPCOM) over all assigned forces, which are normally employed under the operational control of the applicable RJTF Commander. Additionally, for maritime and air operations within the Canada COM Area of Responsibility, Commander Canada COM directs two Maritime Component Commanders and a Combined Force Air Component Commander. Commander Canada COM is supported by Commander CANSOFCOM for the conduct of operations that require the support of special operations forces and receives operational support when required from Commander CANOSCOM.

"Commanders also retain the flexibility to create a temporary Joint Task Force with an assigned Joint Operations Area to conduct military operations for the duration of a specific operation.

"The differences in these constructs make it difficult for USNORTHCOM and Canada COM to maintain a habitual relationship at the tactical/operational level because the participants on the US side will vary dependent on the situation and the participants on the Canadian side will vary dependent on location."

Outlining the current public infiltration of U.S. military forces in Canada and the goal to have Canada come in line with U.S. military demands is also addressed. The document blatantly states: "There are currently two USNORTHCOM liaison officers assigned to Canada COM. Liaison officers offer significant benefits to all commands."

It then goes on to call for greater "interaction" between military officials:

"Greater interaction among battle staffs could lead to more effective coordination and synchronization of bi-national and bilateral operations. To that end, the Commands need to develop a compatible and practical process for tri-command coordination and synchronization during planning and execution of bi-national and bilateral operations -- a process of ensuring compatible, mutually supportive 'battle rhythms.'"

Changes Needed for Intelligence Sharing

Another significant aspect of how the militaries are being integrated is the question of sharing of classified information.

"Each Command uses different computer network systems to collaborate and exchange classified information. Few of these systems are interoperable with the others [...]. This lack of commonality and interoperability hampers the timely exchange of information and could delay critical information exchange.

"Another challenging issue is working in multiple caveat environments (SECRET, REL/CANUS, REL/ACGU).

"Unclassified information exchange with non-military mission partners is hampered because some of these partners only have access to the commercial Internet. The Commands need to resolve the technical and administrative issues preventing shared access to common mission essential information before collaboration can be markedly improved."

For the complete document click here.

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Pseudoscience in the Service of Imperialism

Beware the Facile Use of Climate Change Explanations

A February 20 report in the Vancouver Sun, reprinted by other monopoly media, states that well-known British Columbia marine scientist, Villy Christensen, told the annual meeting of the American Association for the Advancement of Science, held this year in Vancouver February 16-20, that there is a need to do "more research on predicting the impact of climate change on oceans to better manage fisheries and stocks." The impression left by the article is highly misleading; Christensen is actually engaged in a major research project, the Nereus Project, which is investigating the effect of three factors on ocean fish stocks: climate change, human activity, and food web dynamics (fish eating fish).

The fact that the media highlight climate change and omit mention of the effect of human activity is worthy of note. The result is a misleading attribution of the problem of declining world fish stocks to the nebulous construct of climate change, while saying nothing about the very real issue of overfishing by the fishing monopolies. These monopolies consistently ignore the agreed upon total allowable catch and violate nations' sovereignty by fishing within the the 200 mile limit of their territorial waters. In addition, these monopolies trawl with enormous nets that literally scrape the bottom of the ocean and severely damage the ecosystem. These nets often use a smaller mesh than regulations allow, trapping many smaller fish that are thrown back in a damaged condition.

Disinformation that lays the blame for identified low fish stocks on "natural causes" is not new. In fact, the Canadian state has a long history of this. For example, the 1997 report of the Coady International Institute (Memorial University) on the closure of the Canadian cod-fishing industry, which put innumerable Canadian fishermen out of work, concluded that "Scientific information, specifically the role of the environment, was gruesomely mangled to meet political ends." Even with the publication of the report, Department of Fisheries (DOF) spin doctors continued to tell the public that the main causes of low fish stocks were cold water (!) and seals. This is particularly ironic, since climate change now attributes low stocks to warm water! The DOF disseminated such disinformation in spite of the fact that for decades previous, Canadian fishermen had literally waged war against foreign trawlers overfishing in their waters.

Facile identification of "climate change" as a cause of problems actually caused by the depredations of the monopolies is not new. In fact, climate change "explanations" are rapidly becoming equivalent to the pseudoscientific "gene" explanations long given for everything from poverty to aggression. For example, in 2009, a study published in the journal Proceedings of the National Academy of the Sciences (November 23), attempted to link civil war in sub-Saharan Africa to climate change by stating that climate change could "increase the likelihood of civil war by over 50%." This so-called scientific study carefully omitted any mention of the colonialist legacy, decades of plunder of Africa's natural resources by the monopolies or the problem of indebtedness created by "foreign aid." People should be vigilant against such so-called science. As is always the case, the key question is who benefits from acceptance of the claims made. When the claims let the monopolies off the hook for their many crimes, it is crystal clear that the beneficiaries are not the people.

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Cuba

Raul Castro Meets High Ranking U.S. Republican and Democrat Senators

On February 23, Cuban President Raúl Castro Ruz received Democratic Senator Patrick Leahy of Vermont, President of the U.S. Senate Judiciary Committee, and Republican Senator Richard Shelby, ranking member of the Senate Committee on Banking, Housing and Urban Affairs. Accompanying Castro was Foreign Minister Bruno Rodríguez Parrilla.

The meeting is said to have addressed issues of interest to Cuba and the United States.

Leahy and Shelby are members of congressional delegation currently in Cuba which will also visit Haiti and Colombia.

(Granma)

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Associated Press Investigation Reveals
New Illegal Actions by Alan Gross

Piece by piece, in backpacks and carry-on bags, American aid contractor Alan Gross made sure laptops, smartphones, hard drives and networking equipment were secreted into Cuba. The most sensitive item, according to official trip reports, was the last one: a specialized mobile phone chip that experts say is often used by the Pentagon and the CIA to make satellite signals virtually impossible to track.

The purpose, according to an Associated Press review of Gross' reports, was to set up uncensored satellite Internet service for Cuba's small Jewish community.

The operation was funded as democracy promotion by the U.S. Agency for International Development, established in 1961 to provide economic, development and humanitarian assistance around the world in support of U.S. foreign policy goals.

Gross, however, identified himself as a member of a Jewish humanitarian group, not a representative of the U.S. government.

Gross said at his trial in Cuba that he was a "trusting fool" who was duped. But his trip reports indicate that he knew his activities were illegal in Cuba and that he worried about the danger, including possible expulsion.

One report says a community leader "made it abundantly clear that we are all 'playing with fire.'"

Another time Gross said: "This is very risky business in no uncertain terms."

And finally: "Detection of satellite signals will be catastrophic."


Alan Gross in Afghanistan.

According to AP, the case has heightened frictions in between the United States and Cuba, and raises questions about how far "democracy-building programs" have gone -- and whether cloak-and-dagger work is better left to intelligence operatives.

Gross' company, JBDC Inc., which specializes in setting up Internet access in remote locations like Iraq and Afghanistan, had been hired by Development Alternatives Inc., or DAI, of Bethesda, Maryland, which had a multimillion-dollar contract with USAID to break Cuba's information blockade by "technological outreach through phone banks, satellite Internet and cell phones."

USAID officials reviewed Gross' trip reports and received regular briefings on his progress, according to DAI spokesman Steven O'Connor. The reports were made available to the AP by a person familiar with the case who insisted on anonymity because of the documents' sensitivity.

The reports cover four visits over a five-month period in 2009. Another report, written by a representative of Gross' company, covered his fifth and final trip, the one that ended with his arrest on December 3, 2009.

Together, the reports detail the lengths to which Gross went to escape Cuban authorities' detection.

To avoid airport scrutiny, Gross enlisted the help of other American Jews to bring in electronic equipment a piece at a time. He instructed his helpers to pack items, some of them banned in Cuba, in carry-on luggage, not checked bags.

He once drove seven hours after clearing security and customs rather than risk airport searches.

On his final trip, he brought in a "discreet" SIM card -- or subscriber identity module card -- intended to keep satellite phone transmissions from being pinpointed within 250 miles (400 kilometers), if they were detected at all.

The type of SIM card used by Gross is not available on the open market and is distributed only to governments, according to an official at a satellite telephone company familiar with the technology and a former U.S. intelligence official who has used such a chip. The officials, who spoke on condition of anonymity because of the sensitivity of the technology, said the chips are provided most frequently to the Defense Department and the CIA, but also can be obtained by the State Department, which oversees USAID.

Asked how Gross obtained the card, USAID spokesman Drew Bailey said only that the agency played no role in helping Gross acquire equipment. "We are a development agency, not an intelligence agency," he said.

Gross' American lawyer, Peter J. Kahn, declined comment but has said in the past that Gross' actions were not aimed at subverting the Cuban government.

Proponents of providing Internet access say it can undermine authoritarian governments that control the flow of information to their people. Critics say the practice not only endangers contractors like Gross, but all American aid workers, even those not involved in secret activities.

"All too often, the outside perception is that these USAID people are intelligence officers," said Philip Giraldi, an ex-CIA officer. "That makes it bad for USAID, it makes it bad for the CIA and for any other intelligence agency who like to fly underneath the radar."

Even before he delivered the special SIM card, Gross noted in a trip report that use of Internet satellite phones would be "problematic if exposed." He was aware that authorities were using sophisticated detection equipment and said he saw workers for the government-owned telecommunications service provider conduct a radio frequency "sniff" the day before he was to set up a Wi-Fi operation.

While the U.S. government broadly outlines the goals of its aid programs in publicly available documents, the work in Cuba could not exist without secrecy because it is illegal there. Citing security concerns, U.S. agencies have refused to provide operational details even to congressional committees overseeing the programs.

USAID rejected the notion that its contractors perform covert work.

"Nothing about USAID's Cuba programs is covert or classified in any way," says Mark Lopes, a deputy assistant administrator. "We simply carry out activities in a discreet manner to ensure the greatest possible safety of all those involved."

The U.S. National Security Act defines "covert" as government activities aimed at influencing conditions abroad "where it is intended that the role of the United States Government will not be apparent or acknowledged publicly."

USAID's democracy promotion work in Cuba was spurred by a large boost in funding under the Bush administration and a new focus on providing communications technology to Cubans. U.S. funding for Cuban aid multiplied from $3.5 million in 2000 to $45 million in 2008. It's now $20 million.

Gross was paid a half-million dollars as a USAID subcontractor, according to U.S. officials familiar with the contract. They spoke only on condition of anonymity because they are not authorized to discuss the case.

USAID head Raj Shah said democracy promotion is "absolutely central" to his agency's work. The Obama administration says its Cuba programs aim to help politically repressed citizens enjoy fundamental rights by providing humanitarian support, encouraging democratic development and aiding the free flow of information.

U.S. officials say Gross' work was not subversion because he was setting up connections for Cuba's Jewish community, not for dissidents. Jewish leaders have said that they were unaware of Gross' connections to the U.S. government and that they already were provided limited Internet access. USAID has not said why it thought the community needed such sensitive technology.

Asked if such programs are meant to challenge existing leaders, Lopes said, "For USAID, our democracy programs in Cuba are not about changing a particular regime. That's for the Cuban people to decide, and we believe they should be afforded that choice."

Others disagree.

"Of course, this is covert work," said Robert Pastor, President Jimmy Carter's national security advisor for Latin America and now director of the Center for Democracy and Election Management at American University in Washington. "It's about regime change."

Gross, of Potomac, Maryland, is a gregarious man, about 6 feet (1.8 meters) and 250 pounds (113 kilograms). He is hard to miss. He had bought a Rosetta Stone language course to improve his rudimentary Spanish and had scant knowledge of Cuba. But he knew technology. His company specialized in installing communications gear in remote parts of the world.

Gross' first trip for DAI, which ended in early April 2009, focused on getting equipment in and setting up the first of three facilities with Wi-Fi hotspots that would give unrestricted Internet access to hundreds of Cubans, especially the island's small Jewish community of 1,500, AP reports.

To get the materials in, Gross relied on American Jewish humanitarian groups doing missions on the island. He traveled with the groups, relying on individuals to help bring in the equipment, according to the trip reports.

Three people briefed on Gross' work say he told contacts in Cuba he represented a Jewish organization, not the U.S. government. USAID says it now expects people carrying out its programs to disclose their U.S. government funding to the people they are helping -- if asked.

One of Gross' reports suggests he represented himself as a member of one of the groups and that he traveled with them so he could intercede with Cuban authorities if questions arose.

The helpers were supposed to pack single pieces of equipment in their carry-on luggage. That way, Gross wrote, any questions could best be handled during the X-ray process at security, rather than at a customs check. The material was delivered to Gross later at a Havana hotel, according to the trip reports.

USAID has long relied on visitors willing to carry in prohibited material, such as books and shortwave radios, U.S. officials briefed on the programs say. And USAID officials have acknowledged in congressional briefings that they have used contractors to bring in software to send encrypted messages over the Internet, according to participants in the briefings.

An alarm sounded on one of Gross' trips when one of his associates tried to leave the airport terminal; the courier had placed his cargo -- a device that can extend the range of a wireless network -- into his checked bag.

Gross intervened, saying the device was for personal use and was not a computer hard drive or a radio.

According to the trip reports, customs officials wanted to charge a 100 percent tax on the value of the item, but Gross bargained them down and was allowed to leave with it.

"On that day, it was better to be lucky than smart," Gross wrote.

Much of the equipment Gross helped bring in is legal in Cuba, but the volume of the goods could have given Cuban authorities a good idea of what he was up to.

"Total equipment" listed on his fourth trip included 12 iPods, 11 BlackBerry Curve smartphones, three MacBooks, six 500-gigabyte external drives, three Internet satellite phones known as BGANs, three routers, three controllers, 18 wireless access points, 13 memory sticks, three phones to make calls over the Internet, and networking switches. Some pieces, such as the networking and satellite equipment, are explicitly forbidden in Cuba.

Gross wrote that he smuggled the BGANs in a backpack. He had hoped to fool authorities by taping over the identifying words on the equipment: "Hughes," the manufacturer, and "Inmarsat," the company providing the satellite Internet service.

The BGANs were crucial because they provide not only satellite telephone capacity but an Internet signal that can establish a Wi-Fi hotspot for multiple users. The appeal of using satellite Internet connections is that data goes straight up, never passing through government-controlled servers.

There was always the chance of being discovered.

Last year, the Senate Foreign Relations Committee asked about clandestine methods used to hide the programs and reports that some of them had been penetrated.

"Possible counterintelligence penetration is a known risk in Cuba," the State Department said in a written response to AP. "Those who carry out our assistance are aware of such risks."

Gross' first trip to Cuba ended in early April 2009 with establishment of a communications site in Havana.

He went back later that month and stayed about 10 days while a site was set up in Santiago, Cuba's second-largest city.

On his third trip, for two weeks in June 2009, Gross traveled to a city in the middle of the island identified by a U.S. official as Camaguey. He rented a car in Havana and drove seven hours rather than risk another encounter with airport authorities.

Gross wrote that BGANs should not be used outside Havana, where there were enough radio frequency devices to hide the emissions.

The report for Gross's fourth trip, which ended early that August, was marked final and summarized his successes: wireless networks established in three communities; about 325 users; "communications to and from the U.S. have improved and used on a regular basis." He again concluded the operation was "very risky business."

Gross would have been fine if he had stopped there.

In late November 2009, however, he went back to Cuba for a fifth time. This time he didn't return. He was arrested 11 days later.

An additional report was written afterward on the letterhead of Gross' company. It was prepared with assistance from DAI to fulfill a contract requirement for a summary of his work, and so everyone could get paid, according to officials familiar with the document.

The report said Gross had planned to improve security of the Havana site by installing an "alternative sim card" on the satellite equipment.

The card would mask the signal of the BGAN as it transmitted to a satellite, making it difficult to track where the device was located.

The document concluded that the site's security had been increased.

It is unclear how DAI confirmed Gross' work for the report on the final trip, though a document, also on Gross' company letterhead, states that a representative for Gross contacted the Jewish community in Cuba five times after his arrest.

In a statement at his trial, Gross professed his innocence and apologized.

"I have never, would never and will never purposefully or knowingly do anything personally or professionally to subvert a government," he said. "I am deeply sorry for being a trusting fool. I was duped. I was used."

In an interview with AP, his wife, Judy, blamed DAI, the company that sent him to Cuba, for misleading him on the risks. DAI spokesman O'Connor said in a statement that Gross "designed, proposed, and implemented this work" for the company.

(Cubaminrex)

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The Cases of Alan Gross and the Cuban Five

The way may be opening for increased U.S.-Cuban ties. The United States has removed all restrictions on Cuban-American travel from the U.S. to Cuba and all limitations on Cuban-American remittances to families on the island. Coming at a time when the Cuban government is encouraging the establishment of small private enterprises, this opens the way for importantly increased ties between the two communities-as one observer put it: "for an inflow of capital from the U.S. to Cuba."

There is, however, the proverbial "fly in the ointment" and that is the case of Alan Gross, arrested on December 3 of 2009 and since then representing a major obstacle to improved relations -- along with the case of the Cuban Five on the other side (but more on that later).

Who Is Alan Gross?

Alan Gross is a 61 year-old Jewish U.S. citizen from Potomac, Maryland who is an employee of Development Alternatives, Inc. (DAI), a subcontractor of the U.S. Agency for International Development (USAID) which itself is a dependency of the State Department. In December 2009, when Gross was about to leave Cuba with a simple tourist visa-after his fifth visit that year -- Cuban state security authorities detained him at the International Airport in Havana. An investigation discovered links between him and the internal opposition to the Cuban government. Gross had been distributing among the opposition portable computers and satellite telephones as part of the State Department program for "promoting democracy in Cuba."[1]

A long-distance communications technology expert, Gross has great experience in the field. He has worked in more than 50 nations and set up satellite communications systems during the military interventions in Iraq and Afghanistan to circumvent channels controlled by local authorities.[2]

Possession of a satellite phone is strictly forbidden in Cuba for national security reasons and telecommunications are a state monopoly with competition forbidden.[3]

Aid for the Cuban Jewish Community?

The State Department, demanding the release of the detainee declared, "Gross works for international development and traveled to Cuba to assist the members of the Jewish community in Havana to connect with other Jewish communities in the world." According to Washington, Gross' activities were legitimate and did not violate Cuban legislation.[4]

In October 2010, during the annual session of the UN General Assembly, Arturo Valenzuela, then assistant secretary of state for inter-American affairs, met with Bruno Rodríguez, Cuban minister for foreign affairs, to discuss Gross. This was the most important diplomatic meeting between representatives from both nations since the beginning of Obama's era.[5]

Alan Gross' family also said that his frequent trips to the island were to allow the Jewish community in Havana to gain access to the Internet and to communicate with Jews all over the world.[6] His lawyer, Peter J. Kahn, endorsed their words, "His work in Cuba had nothing to do with politics; it was simply aimed at helping the small, peaceful, non-dissident Jewish community in the country."[7]

Gross doubtless had contact with some members of the Jewish community in Cuba. Leaders of the Jewish community in Havana, however, contradict the official U.S. version of his relationship. In fact, leaders of the community affirm they did not know Alan Gross, and had never met with him despite his five visits to Cuba in 2009. Adela Dworin, president of the Beth Shalom Temple, rejected Washington's statements. "It's lamentable [...]. The saddest part is that they tried to involve the Jewish community in Cuba which has nothing to do with this."

Mayra Levy, speaker of the Sephardic Hebraic Center, declared she didn't know who Gross was and added he had never been to her institution. The Associated Press said "the leaders of the Jewish community in Cuba denied the American contractor Alan Gross [...] had collaborated with them."[8] In like manner, the Jewish Telegraphic Agency reported that "the main Jewish groups in Cuba had denied having any contracts with Alan Gross or any knowledge of his project."[9]

Reverend Oden Mariachal, secretary of the Consejo de Iglesias de Cuba (CIC) [Cuban Council of Churches] which includes the [non-Catholic] Christian religious institutions and the Jewish community in Cuba, confirmed this position at a meeting with Peter Brennan, State Department coordinator for Cuban Affairs. On the occasion of the General Assembly of Churches of Christ in the U.S., held in Washington in 2010, the religious leader rejected Gross' allegations. "What we made clear is what the Cuban Jewish Community, a member of the Cuban Council of Churches, told us, 'We never had a relationship with that gentleman; he never brought us any equipment.' They denied any kind of relationship with Alan Gross."[10]

In fact, the small Cuban Jewish community, far from isolated, is perfectly integrated in society and has excellent relations with the political authorities in the Island. Fidel Castro, although very critical of Israeli policy in the occupied territories, declared to American journalist Jeffrey Goldberg that in history "no one has been as slandered as the Jews. They were exiled from their land, persecuted and mistreated everywhere in the world. The Jews had a more difficult existence than ours. Nothing can compare to the Holocaust," he said.[11]

Cuban President Raúl Castro attended the religious ceremony for Hanukkah -- the Festival of Lights -- at the Shalom Synagogue in Havana, in December 2010. The visit was broadcast live on Cuban TV and published in the front page of newspaper Granma. He took the opportunity to greet "the Cuban Jewish community and the fabulous history of the Hebrew people."[12]

Moreover, the Cuban Jewish community has all the technological facilities needed to communicate with the rest of the world, thanks to the assistance of other international Jewish entities such as the B'nai Brith and the Cuban Jewish Relief Project, the Canadian Jewish Congress (CJC), the World ORT, the Joint Distribution Committee (JDC) or the United Jewish Committee (UJC); all of it endorsed by the Cuban authorities.[13]

Arturo López-Levy, B'nai Brith secretary for the Cuban Jewish community between 1999 and 2001, and today a professor at Denver University, is also skeptical about the U.S. version of the Gross case. On the subject, he stated, "Gross was not arrested for being Jewish or for his alleged activities of technological aid to the Cuban Jewish community which already had an informatics lab, electronic mail and Internet access before he got to Havana. [The Jews in Cuba] do not gather at a synagogue to conspire with the political opposition because this would jeopardize their cooperation with the government which is needed for their activities: the emigration to Israel program, the Right by Birth project -- through which young Cuban Jews travel to Israel every year -- or to deal with humanitarian aid. To protect the most important they detach themselves as much as possible from the U.S. programs of political interference on Cuban internal affairs. Gross travelled to Cuba not to work with any Jewish organization but for USAID."[14]

Wayne S. Smith, chief of the U.S. Interests Section in Cuba from 1979 to 1982 and director of Cuba Program of the Center for International Policy in Washington, said that "in other words, Gross was involved in a program whose intentions were clearly hostile to Cuba, because its objective is nothing less than regime change."[15]

Illegal Activities According to Cuban Authorities

Cuban authorities suspected Gross of espionage and internal subversion activities.[16] Ricardo Alarcon, president of the Cuban Parliament, declared he had violated the country's legislation. "He violated Cuban laws, national sovereignty, and committed crimes that in the U.S. are most severely punished."[17]

Gross, a USAID employee, was providing sophisticated communications equipment. The distribution and use of satellite phones is regulated in Cuba and it is forbidden to import them without authorization. On the other hand, Article 11 of Cuban Law 88 reads that, "He who, in order to perform the acts described in this Law, directly or through a third party, receives, distributes or takes part in the distribution of financial means, material or of other kind, from the Government of the United States of America, its agencies, dependencies, representatives, officials, or from private entities is liable to prison terms from 3 to 8 years."[18]

This severity is not unique to Cuban legislation. U.S. law prescribes similar penalties for this type of crime. The Foreign Agents Registration Act prescribes that any un-registered agent "who requests, collects, supplies or spends contributions, loans, money or any valuable object in his own interest" may be liable to a sentence of five years in prison and a fine of 10,000 dollars.[19]

French legislation also punishes this type of action. According to Article 411-8 of the Penal Code, "the act of exercising on behalf of a foreign power, a foreign company or organization or company or organization under the control of a foreign agent, any act aimed at supplying devices, information, procedures, objects, documents, informatics data or files whose exploitation, spreading, or gathering can by nature attempt against the fundamental interests of the nation is punishable with ten years of imprisonment and a fine of 150,000 Euros."[20]

On February 4, 2011, the prosecutor of the Republic of Cuba formally accused Alan Gross of "acts against the integrity and independence of the nation," and demanded a jail sentence of 20 years. On March 12, 2011 Gross was finally sentenced to 15 years imprisonment after his trial.[21] The lawyer for the defense, Peter J. Kahn, expressed his regret that his client was "caught in the middle of a long political dispute between Cuba and the United States."[22]

The New York Times remembers that Gross "was arrested last December during a trip to Cuba as part of a semi-clandestine USAID program, a service of foreign aid of the State Department destined to undermine the Cuban Government," The New York paper also indicated that "U.S. authorities have admitted that Mr. Gross entered Cuba without the appropriate visa and have said he distributed satellite telephones to religious groups."[23]

Since 1992 and the adoption of the Torricelli Act, the U.S. openly admits its objective towards Cuba is "regime change" and one of the pillars of this policy is to organize, finance and equip an internal opposition.[24]

USAID, which is in charge of the implementation of the plan, admits that, as part of this program, it finances the Cuban opposition. According to the Agency, for the 2009 fiscal year the amount destined for aid to Cuban dissidents was 15.62 million dollars. Since 1996 a total of 140 million dollars have been dedicated to the program aimed at overthrowing the Cuban government. "The largest part of this figure is for individuals inside Cuba. Our objective is to maximize the amount of the support that benefits the Cubans in the Island."[25]

The government agency also stresses the following, "We have trained hundreds of journalists in a ten year period and their work is seen in mainstream international media." Formed and paid by the U.S., they represent, above all, the interests of Washington whose objective is a "regime change" on the island.[26]

From a juridical point of view, this reality in fact places the dissidents who accept the emoluments offered by USAID in the position of being agents at the service of a foreign power, which constitutes a serious violation of the Cuban Penal Code. The agency is aware of this reality and simply reminds all that "nobody is obliged to accept or be part of the programs of the government of the United States."[27]

Judy Gross, the wife of Alan Gross, was authorized to visit him in prison for the first time in July 2010.[28] She took the occasion to send a letter to Cuban President Raúl Castro in which she expressed her repentance and apologized for the acts of her husband. "I understand today the Cuban Government does not appreciate the type of work Alan was doing in Cuba. His intention was never to hurt your government."[29]

Judy Gross also accuses the State Department of not having explained to her husband that his activities were illegal in Cuba. "If Alan had known that something would happen to him in Cuba, he would not have done that. I think he was not clearly informed about the risks."[30]

A Way Out?

Clearly, Alan Gross violated the law. Of that there can be no doubt. On the other hand, he seems to have done little harm. His continued incarceration results in no important benefits to the U.S. His release, on the other hand, could be a major step toward improved U.S.-Cuban relations, especially if in the process he were prepared to apologize for his actions.

There is another side to the matter, however, and that has to do with the so-called Cuban Five. Just as the U.S. seems unwilling to move ahead in relations unless there is some movement in the Gross case, so do the Cubans seem reluctant to move without progress in the case of the Cuban Five, who were incarcerated in 1998. They were sent up to the U.S. by the Cuban government to penetrate and develop information about the anti-Castro terrorists groups in Florida after a sequence of bomb attacks against tourist centers in Havana. The idea was then to provide that information to the FBI so that it could take action to halt the exile terrorists. A meeting between representatives of the FBI and the Cubans was held in Havana over several days in June of 1998 and some forty folders of evidence were turned over to the FBI. The Cubans then waited for the U.S. to take action against the terrorists. But none was taken; rather, shortly thereafter, the FBI began arresting the Cuban five. In other words, they arrested those who had provided the evidence rather than the terrorists themselves. The Five were arrested, tried and convicted, though "tried" is not the right word for the trial was a sham. The prosecutors had no real evidence and so fell back on the old standby of trying them for "conspiracy" to commit illegal acts. No evidence, and they were tried in Miami where anti-Castro sentiment had reached such a level with the Elian Gonzalez case that there was no chance of empanelling an impartial jury. Defense lawyers requested a change of venue, but, incredibly, it was denied.

Worst of all was the case of Gerardo Hernandez, who was accused of "conspiracy" to commit murder and given two consecutive life sentences plus fifteen years-this in connection with the shoot down of the two Brothers to the Rescue planes in February of 1996. Never mind that there was no evidence that he was in any way responsible. But there, behind bars, he remains today, mostly in solitary confinement and after all these years not allowed a single visit from his wife.

The injustice in these cases contradicts the reputation of the U.S. for dedication to the rule of law. It must be corrected. Holding these men year after year without real evidence of any crime other than being the unregistered agents of a foreign power was one thing during the Cold War -- though unjustified even then. But now, with the Cold War over and every possibility of beginning a new U.S.-Cuba relationship, it becomes morally unjustifiable and counterproductive. It is time surely to undertake a process of reviewing all these cases and then allowing these men to return to their families. One, René Gonzalez, has already been released from prison to serve out his remaining three years on parole, but at the same time, incredibly, not allowed to return to Cuba to be with his wife, who he has not seen in all these years. That, allowing his return, should perhaps be the first step in the process.

And it goes without saying that as the U.S. begins to move in the cases of the Cuban Five, Cuba should release Alan Gross to return to his family.

It should be noted that Alan Gross himself suggested there should be some reciprocal movement in these cases. "Following the recent exchange of the Israeli soldier, Gilad Shalit, for 1,000 Palestinian prisoners, Gross was clear that he wants the United States and Cuba to make a similar gesture for him and the Cuban Five," explained Rabbi David Shneyer, who had visited Gross in Havana.[31]

Salim Lamrani, PhD in Iberian and Latin American Studies of the Paris Sorbonne-Paris IV University, is a professor in charge of courses at the Paris-Sorbonne-Paris IV University and the Paris- Est Marne-la- VallÚe University. He is a French journalist, and specialist on the Cuba-United States relations. He has recently published: Etat de siege. Les sanctions economiques des Etats-Unis contre Cuba with a prologue by Wayne S. Smith.

Wayne S. Smith, now director of the Cuba Project at the Center for International Policy, was chief of the U.S. Interests Section in Havana, 1979-1982, and is the author of The Closest of Enemies, (New York: W.W. Norton, 1987).

End Notes

1. Jeff Franks, Reuter, October 24, 2010.
2. Phillip J. Crowley, op. cit.; Saul Landau, Counterpunch, July 30, 2010. http://www.counterpunch.org/landau07302010.html (site consulted on February 18, 2011).
3. Ibid.
4. Phillip J. Crowley, op. cit
5. Paul Haven, The Associated Press, October 18, 2010
6. Anthony Broadle, Reuters, October 24, 2010.
7. Juan O. Tamayo, El Nuevo Herald, February 5, 2011.
8. Andrea Rodríguez, The Associated Press, December 2, 2010.
9. Jewish Telegraphic Agency, February 6, 2011.
10. Andrea Rodrígues, The Associated Press, December 2, 2010.
11. Jeffrey Goldberg, The Atlantic, December 7, 2010. http://www.theatlantic.com/international/archive/2010/09/castro- no-one-has-been-slandered-more-than-tthe-jews/62566/ (site consulted on February 18, 2011).
12. The Associated Press, Juan O. Tamayo, El Nuevo Herald, December 6, 2010.
13. Comunidad Hebrea de Cuba, http://www.chcuba.org/espanol/ayuda/quienes.htm (site consulted on February 18, 2011).
14. Arturo López-Levy, August 2010. http://www.thewashintonnote.com/archives/2010/08freeing_alan_gr/ (site consulted on February 18, 2011).
15. Wayne S. Smith, Center for International Policy, March 2011. http://ciponline.org/pressroom/articles/030411_Smith_Intelligence _Brief_Gross.htm (site consulted on March 13, 2011).
16. Paul Haven, The Associated Press, February 19, 2010.
17. Andrea Rodriguez, The Associated Press, December 11, 2010.
18. Ley de protección de la independencia nacional y la economía de Cuba (LEY N . 88), Artículo 11.
19. U.S. Code, Title 22, Chapter 11, Subchapter II, 611, iii 618, a, 1 >.
20. Code Penal, Partie legislative, Livre, Titre Ier, Chapitre I, Section 3, Article 411-8.
21. William Booth, The Associated Press, February 4, 2011.
22. Paul Haven The Associated Press, February 4, 2011.
23. Ginger Thompson, The New York Times, October 24, 2010.
24. Cuban Democracy Act, Titulo XVII, Artículo 1705, 1992.
25. Along the Malecon, October 25, 2010. http://alongthemalecon.blogspot.com/2010/10/exclusive- q-with-usaid.html (site consulted on October 26, 2010); Tracey Eaton, El Nuevo Herald, December 3, 2010.
26. Ibid.
27. Ibid.
28. Jessica Gresko, The Associated Press, October 26, 2010.
29. Anthony Boadle, op. cit. Jeff Frank, Reuters, October 24, 2010.
30.Anthony Boadle, op. cit EFE, February 8, 2011.
31. Agence France Presse, November 8, 2011.

(Cubaminrex/CIP)

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