October 29, 2016 - No. 42
Supplement
Cuba-U.S.
Relations
Talk with Josefina
Vidal,
Director
General for the United States
at Cuba's Ministry of Foreign
Relations
On October 17, Josefina Vidal, director general for
the
United States at Cuba's Ministry of Foreign Relations (MINREX)
spoke and exchanged with Cuban youth and students on Cuba-U.S.
relations during an event against the blockade at the University
of Havana. TML Weekly is publishing the transcript
below.
***
Good morning everyone.
Thank you all very much for the invitation, to add my
voice
to those of young people gathered here, and the people of Cuba,
as I have already done online, on social media, to the 'Cuba
votes against the blockade' event; because the blockade harms the
Cuban people, damages Cuba as a whole, damages the functioning of
our economy, damages Cuba's relations with third countries and
those of third countries with Cuba, and even damages the
relations we could have with the United States itself. For all
these reasons we will vote against the blockade, and those who
have not, still have the chance to on the "Cuba contra el
bloqueo" website [www.cubavsbloqueo.cu].
Before having a conversation -- as I understand that
this is
a conversation with you and that I will take questions from you,
I do not want this to be a monologue -- I would like to share a
few introductory thoughts -- I will not be very extensive in my
introduction -- considering that just three days ago, there were
announcements made in the United States related to Cuba, there
were two announcements: first, a presidential policy directive,
entitled 'United States-Cuba Normalization' and secondly, the
fifth package of measures to modify the application of certain
aspects of the blockade.
There have been discussions
on this, since last Friday, at
the Foreign Ministry, through the Cuban press, on digital sites
like Cubadebate, but I think it is important, as we had a
little more time over the weekend to think about this, as these
measures were announced just last Friday, October 14, to share
with you some thoughts and some preliminary conclusions, which we
have reached following the study and analysis of these two
announcements.
Firstly, I would like to refer to the presidential
policy
directive on Cuba. It is the first directive on Cuba approved and
issued by President Obama who, as you know, is set to leave
office in a few months, on January 20, 2017 to be exact, when a
new administration, resulting from the elections to be held on
November 8, will assume the leadership of that country, that is
to say very soon.
As I told some media outlets that we quickly called to
MINREX
last Friday, to provide our first reactions to the announcement
of this directive, and I repeat today, we believe that this
document is a significant step in the process toward lifting the
blockade and to improving relations with Cuba.
This is the second time a U.S. President has issued a
directive providing instructions to the various branches of the
federal government to initiate and conduct a process leading
toward the normalization of relations with Cuba. The first to do
so was President Carter in 1977, I have here a copy of the
original document. This was his directive [points] indicating
exploratory steps for the normalization of relations with Cuba;
it was a secret document until 2002, when he asked his library to
declassify it and brought it to Cuba and gave it to us in the
context of his visit to our country at that time. It was a
simple, brief directive, just one and a half pages and, as you
know, given what happened in the history of relations with Cuba,
nothing came of it, and it was not possible during his Presidency
to advance toward the normalization of the relations.
Now President Obama has issued a slightly longer
document,
its translation into Spanish has 15 pages, on which I want to
offer my observations.
This document issued by Obama establishes a guide for
developing a process that in the future should lead to the
normalization of relations. But keep in mind that what is
reflected in this document comes from the perspective of the U.S.
government, and therefore the document itself is not free of the
interventionist vision that has historically marked the plans of
the United States toward Cuba.
I would like to make a brief analysis of its content,
and for
this I will refer, initially, to what we believe are some
positive elements that appear in this directive.
First, it is an attempt, which must be recognized, to
try to
ensure the future continuity of the current policy, which
commenced on December 17, 2014, but only if a future president of
the United States decides to follow that course. It is a policy
of this Presidency and there is no obligation to follow it to the
letter by future U.S. governments; perhaps some will, perhaps
others not, maybe in part, maybe they will simply revoke it and issue a
totally different directive. Nonetheless, we must
recognize that it is a step in the right direction, leaving a
guide that could be useful in a scenario in which a future
President of that country wants to continue this policy.
The document -- and we believe this is the first time,
according to our studies over many years -- for the first time an
official document of the United States government includes
recognition of the independence, sovereignty, and
self-determination of Cuba, which we, ever since reestablishing
relations with this country, believe should be, and must remain,
the essential principles on which to develop our ties going
forward.
There is also recognition in this directive, again for
the
first time, of the legitimacy of the Cuban government. One must
understand that the policy of the United States for over 55 years
included, in every aspect, the absolute non-recognition of the
government of Cuba as a legitimate interlocutor; at all times
Cuba's legitimacy was denied, and that was a hallmark of all
policies followed over more than five decades.
Well, in this directive the recognition of the
government of
Cuba appears as a valid, serious, legitimate interlocutor and
equal to the U.S. government and, in turn, there is a recognition
of the benefits that achieving a relationship of civilized
coexistence would produce for both countries and both peoples,
within the great differences that exist and, of course, will
continue to exist in the future.
And in particular the directive resolves to continue
developing ties with the Cuban government and cooperation in
areas of mutual interest. And it reiterates, something President
Obama has said on other occasions, that the blockade is obsolete
and must be lifted, and once again urges the United States
Congress to work in that direction.
However, up to here the essential components, we
believe, have a favourable nuance to their treatment within the
directive. But at the same time, there is a group of elements that have
an interventionist trait.
The directive does not hide, and from its opening
paragraphs
this is visible, that the objective of U.S. policy is to advance
the interests of that country in Cuba, which is to promote
changes in the political, economic and social order of our
country. In turn, it reflects a marked interest in the
development of the private sector in Cuba -- we know why they
emphasize this -- and fundamentally questions the political
system with which we Cubans have equipped ourselves.
It does not renounce, in fact it recognizes that the
use of
old instruments of past policy, the policy of hostility toward
Cuba, will continue in the future, and mentions in particular
that the illegal radio and television broadcasts against Cuba
will continue; the programs they [the U.S.] claim are aimed to
"promote democracy" in Cuba and are of a subversive nature that
aim to promote changes in our country will continue, and the
intention remains to involve a wide range of Cuban society in the
implementation of these programs.
Cuba's response to the subversive aspects of Obama's October 14, 2016
directive:
"The future of Cuba belongs to Cubans -- Cuba is ours."
Finally, something which is very important -- it is not
the
last thing said, but it's the last thought I share with you -- it
clearly states that the United States does not intend to modify
the treaty that resulted in the occupation of a portion of Cuban
territory by the Guantánamo Naval Base.
In short, as conclusive elements of the analysis we
have
conducted on the presidential policy directive for the
normalization of relations with Cuba:
It establishes a new policy based on the recognition
that the
previous failed. But, how did it fail? Well, it clearly states
that it failed to achieve changes in Cuba that respond to the
interests of the United States. Therefore, there is a change in
policy, it is confirmed that there is a modification to policy,
but not to the strategic objective that this policy will continue
to pursue, which is to promote changes in our country. For this
[the U.S.] resorts to old methods, the long-established ones,
those of the past, which I have already mentioned. In other
words, this policy will continue to support instruments such as
subversive programs, illegal radio and television broadcasts, the
blockade restrictions that could be eliminated by executive
decision and have not been, despite the full extent of executive
powers that the president has and in turn, mixed, combined with
those instruments of the past are new methods in line with the
new bilateral reality, which is the exchanges of all kinds
between Cuba and the United States, limited trade in accordance
with the minimal restrictions that have been changed so far,
dialogue and cooperation with the Cuban government on issues of
mutual interest.
The call on Congress to lift the blockade is
reiterated,
arguing that it is a heavy and obsolete burden on the people of
Cuba; but, at the same time, it is clearly stated that it is
important that the blockade is lifted because it constitutes an
impediment to the U.S. in advancing its interests in Cuba.
Recognized -- as I said -- is the self-determination
and
independence of Cuba, the legitimacy of the Cuban government, it
is even argued that the United States does not intend to impose a
new model in our country and that it corresponds to the Cuban
people to make their own decisions; however, at the same time,
this directive does not abandon its interventionist designs and
the usual behaviour of wanting to interfere in the internal
affairs of our country.
In summary, the directive in itself contains ideas and
intentions that contradict the declared objective to normalize
relations with Cuba.
On this occasion, we want to reiterate once again that
the
will of the government of Cuba is to develop respectful and
cooperative relations with the United States; but this has to be
on the basis of full equality and reciprocity, absolute respect
for the independence and sovereignty of Cuba and without
interference of any kind.
And more in keeping with the theme that we will address
today, which is the blockade, coinciding with the presidential
policy directive, last Friday, October 14, a new package of
measures was also announced by the U.S. Departments of Treasury
and Commerce, to modify the application of certain aspects of the
blockade.
These measures come into effect today. The measures --
as we
said last Friday in preliminary statements to the press -- are
positive, but have a very limited scope. You only have to view
their content to immediately realize this. Most are aimed at
expanding transactions that had been previously approved and
that, in general, have been very difficult to implement, to put
into practice, as a result of the fact that a set of restrictions
remain in force that prevent progress in their application.
As a summary of these regulations, the fundamental
limitations that we observe are:
First, investments in Cuba are not permitted, and this
is
something that President Obama could authorize. Remember that in
January 2015, and in his subsequent packages of measures,
President Obama approved and authorized investments in Cuba in
the field of telecommunications, which demonstrates "Yes, we
can," as states the slogan of President Obama himself; however,
to date he has not chosen to use the powers he has to allow
investments by U.S. companies in Cuba in many other sectors of
our economy, not just in telecommunications.
There is no expansion of U.S. exports to Cuba beyond
the very
limited sales that were approved in previous packages, that
exclude these products from the United States from being used in
essential branches of the Cuban economy.
To give you an idea, U.S. exports to Cuba for tourism,
or for
energy production, or for oil drilling and exploration, or for
the mining industry, are not permitted. As you can see, some of
the most important industries in our economy.
In a general sense, all bans on imports of Cuban
products to
the United States remain. There is one exception which was
approved in this latest package of measures last Friday, finally,
after many demands from certain very interested U.S. companies,
which is the possibility, from now on, that Cuban pharmaceuticals
be exported to the United States, it is the only exception made
for products that are produced by Cuban state enterprises. In
other words, Cuban state enterprises, in general, are prohibited
from exporting to the United States, the only exception now are
pharmaceutical products. Welcome news! Of course, we will have to
wait for the United States Food and Drug Administration to
certify these Cuban products in order that their marketing and
distribution in the United States can be defined and materialize;
but, again, we believe this is a positive step.
I would like to draw your attention to a very curious
aspect,
when this package of measures was announced last Friday, one
thing became world news: U.S. citizens visiting Cuba from now on
will be able to buy cigars and rum without limits and take them
to the United States for personal use. This has been broadcast
across the world. Welcome to U.S. citizens who can now buy
cigars and rum in Cuba.... It seems to me that this puts an end to
a ridiculous ban, which only permitted U.S. citizens who came to
Cuba to buy one music CD, one book, one work of art, as a result
of an exception approved in the late 1980s, which allowed the
acquisition of informative and cultural materials; however, until
now they could not buy rum, or cigars, or coffee, or many other
Cuban products that may be of interest and now, finally, this ban
has been removed, they may do so; but, careful, take note! This
does not mean that Cuban rum and cigar companies are authorized
to sell their products in the United States. Therefore, the
impact of this measure will be very limited in terms of the
benefits the Cuban economy can report.
Furthermore, new measures in the financial area were
not
announced; as you know, Cuba's room for maneuver in the financial
sector is still very restricted in terms of relations with the
United States and the rest of the world. Although the use of the
dollar in Cuba's international transactions was authorized last
March, I reiterate that up until today, as I was checking on
Saturday [October 15] with Cuban counterparts, up until today, Cuba has
still
not been able to make cash deposits in this currency or make
payments to third parties in U.S. dollars. As such, it is a
measure awaiting implementation and this is due, in particular,
to the fact that the world's banks remain terrified given the
risk which working and interacting with Cuba entails, and the
possibility of incurring fines, as has happened considerably in
recent years. And the ban on Cuba opening correspondent accounts
in U.S. banks has remained unchanged.
That is why we believe, and I repeat this today to
conclude,
that the new measures adopted and which take effect today,
benefit the United States more than Cuba and the people of Cuba.
The blockade persists. President Obama has just reiterated in the
Presidential directive signed last Friday that the blockade
should be lifted, but the reality is that he has not exhausted
all his executive powers to contribute decisively to the
dismantling and removal of the blockade. President Obama will
complete his mandate within three months, he leaves, but the
blockade remains. While this situation continues, Cuba will
continue to present its resolution calling for the lifting of the
blockade to the United Nations. We'll do it again in nine days,
on October 26, Wednesday; we invite all of you to follow the
coverage of this activity which will be broadcast live from the
United Nations headquarters in New York, and we hope that, as has
happened in recent years, the world, as all of us have already
done, will vote against the blockade.
Thank you very much. [Applause]
Now I invite you, because I told you, I made a promise
-- I
think I kept it -- that I would speak fairly briefly for such a
complex issue, which there is a lot to say about, but we said at
the beginning that this was a conversation, so I'd really love
for you to ask me any questions, whichever, whatever may serve to
clarify information.
Rachel, Higher Institute of International
Relations
(ISRI): You spoke at the beginning on the new
regulations or directives that were recently announced. My
question is focused on the fact that we are in a context that you
yourself noted, of Presidential elections, which are elections
that appear more like a circus, we are seeing a scenario between
Hillary Clinton and the Republican Party, in this case
represented by Donald Trump, we are witnessing that there is
actually a position to not pursue Obama's measures. But we see
that Hillary does try to maintain this progress that has occurred
in relations. Will these new regulations we are witnessing have a
short-lived impact? And subsequently, what would be the position,
in this case, of the U.S. government following these new
regulations? What would be the position in the sense of
Republicans and Democrats regarding these regulations? What would
be the approach, following these elections, with respect to
Cuba-U.S. relations? Will these advances be maintained? Will
these advances remain in place or will there be another type of
relationship?
Thanks.
Josefina Vidal: On November 8
everyone, be
it early or later that night, depending on how close this
election is, will know who will be the next president of the
United States, who will take office on January 20, 2017.
Once again I reiterate that this Presidential directive
is by
President Obama. Hence, it is valid in principle and provides
instructions for his administration to work on relations with
Cuba. The President who succeeds him has no obligation to provide
continuity, he or she may revoke it entirely and issue a new
directive, he or she can amend it to introduce changes, or may
even not touch it, just shelve it and do nothing; that is, it
will depend on what the will of the future government is with
regard to policy toward Cuba. I believe that, in effect, it is a
directive to be fulfilled by the administration of President
Obama, but -- and I think this is important, too -- should a
future President of that country, now or later, be interested in
providing continuity to a process directed toward the
normalization of relations with Cuba, I think that this recent
document can serve as a point of reference to draw from the
experiences that may have been positive and also those things
that do not work to advance in that direction. Again, it is a
directive from this President that the next is not obliged to
maintain, but it can serve as a guide in the future.
It's interesting that upon
presenting this directive,
announced was the revocation of many others that had been in
place in the past. Now we are doing a study and asking for the
support of colleagues who are well informed on the topic. We are
doing a historical investigation to identify these other
directives which were operational, and no previous President had
revoked, but were simply not being implemented, which also gives
us some idea of what could happen in the future.
I recall that in 1985, President Reagan issued a
presidential
directive instructing the State Department not to grant any
member of the Communist Party of Cuba a visa to visit the United
States. This directive was apparently still in effect; it is one
of those that I am going to confirm to see if it has now been
revoked. But, take note -- over the years, was it implemented or
not? Reagan implemented it with considerable rigour and
practically no Cuban who wanted to go to the United States for
cultural, scientific, educational exchanges -- or even government
officials -- could visit the country. Then later, other
administrations eased its interpretation and did not implement
it. This gives you some idea as to how this type of mechanism can
play out, but certainly, this is a directive from Obama; there is
no obligation that it continue into the future, but, at the same
time, it can serve as a reference for a President who would like
to follow a similar course.
Thank you very much.
Jorge Serpa, University of Havana, Geography
faculty
member: My question is related to the upcoming vote,
October 26. We would like to know about the climate in the United
Nations at this time, and fundamentally is something known about
the position that the state of Israel will take this year.
Josefina Vidal: We will know the
position
taken by countries, especially that of the one you mention, the
day of the vote. But I would like to tell you that, as you know,
in June, although Cuba made the official presentation here in
Havana in September, the Cuban government delivered to the United
Nations General Secretary the report on how the blockade of our
country continues to be implemented. Many countries of the world,
and also UN bodies, presented their own reports explaining how
they had been impacted by the extraterritorial, collateral,
application of the blockade. Our mission to the United Nations
has been very active, constantly keeping all representatives
informed of the latest manifestations of the blockade, which
until very recently have continued to occur.
Last week, I recall, we received information about how
an
institution refused to transfer the payment of Cuba's dues to the
Inter-Parliamentary Union. For two months now, Cuba has not been
able to pay its dues and is in default to the Association of
Caribbean States, since there are international banks which
refuse to handle these transactions, even for the United Nations,
and even in other currencies -- not the dollar -- evidence that
the blockade is still alive and continues to affect Cuba.
Therefore, we again expect, while we cannot predict the vote --
we'll see it on October 26 -- that the international community
will stand on Cuba's side and request an end to the blockade.
Thank you.
Greisy, ISRI: Good day. Professor,
on many
occasions we have heard that President Obama. or any other
President of the United States, has prerogatives to gut the
blockade of its content, without waiting for Congress to revoke
this law. So, I would like you to remind us once again of these
prerogatives that President Obama, or any other President, has --
that he has not used to date.
Josefina Vidal: Thank you. As you
already
know, given the number of years we have been addressing this
issue, the blockade began as an executive decision made by
President Kennedy, who issued a directive originally establishing
what they in their language call a trade embargo of Cuba. That
is, first trade with Cuba was cut off, and later other elements
were added, in terms of financial relations, services, to become
what is today the blockade, which is a tangle of regulations that
practically prevent any type of normal relationship between Cuba
and the United States in the economic, commercial or financial
sphere.
In the year 1996, amidst a conflict between sectors
that
opposed lifting the blockade and others who were pushing for the
elimination of this policy, and as a result of tense bilateral
relations and the decision of the government to tighten the
blockade of Cuba, the Helms-Burton
Act was approved and signed by
President Clinton in 1996; it was signed in the month of
March.
The Helms-Burton
Act introduced an important change in the
blockade. In what sense? It removed, from that point on, the
President's authority to say, with a signature: the blockade is
over. That is, up until that time, any United States President
could have put an end to the blockade. As of 1996, this authority
was taken away from the President, and transferred to
Congress.
Therefore, in the first place, if the blockade is to
totally
end some day, it is the Congress of the United States that must
vote to do so, and, you can just imagine how complicated the
voting process is within a Congress where there are 435
Representatives in the House and 100 Senators. But it is a task
in which many people are already immersed, and, sooner or later,
I think that the blockade's wall will be demolished.
Well now, very importantly, at the same time that the Helms-Burton law
takes away the President's authority to do that
himself -- end the blockade with a stroke of his pen -- in the
paragraph immediately below, this law states: This does not
eliminate the President's authority to, via licenses, permit
certain transactions with Cuba. Thus, the President does
maintain, at the same time, other prerogatives - to put it
plainly -- to pull some bricks out of the wall, and in fact,
Clinton did this. Two years after the Helms-Burton
was approved,
Clinton for the first time, after some back and forth, eased
restrictions a bit on travel to Cuba by U.S. citizens; on the
sending of some remittances; some exchanges like those designated
as people-to-people, academic exchanges. Clinton did it, and no
one objected, because the law acknowledges this as his
prerogative. And Obama has been doing this, in a very incipient
way at the beginning of his administration, when he again allowed
family visits to Cuba, the sending of remittances, and, more
often since 2015 to date -- as I have said -- he has issued five
packages of measures. And Obama can do more; Obama has not
exhausted his powers.
I will now summarize for you the things Obama cannot
change,
because these are written in stone within the different laws that
make up the blockade of Cuba. Remember that the blockade is not a
single law; there are many.
In the first place, as I already said, Obama cannot, on
his
own, put an end to the blockade; this is up to Congress.
Secondly, in 1996, the Helms-Burton Act established that
the President cannot permit any transaction involving U.S.
properties nationalized by Cuba. For example, as a hypothetical
example, but it could be very real, if tomorrow some U.S. company
was seeking permission to invest in Cuba, Obama could not [grant
it], no other President could, because the Helms-Burton Act
prohibits this. Allowing this investment in a factory that prior
to the year 1960 may have belonged to a U.S. company and was
nationalized, this is prohibited by law.
Thirdly, the Toricelli Act, which of course
preceded
the Helms-Burton, in the year
1992, was one of the first in this
latest stage of tightening the blockade. The Toricelli Act
prohibits subsidiaries of U.S. companies in third countries from
doing business with Cuba. The President cannot change this.
For example, if tomorrow an affiliate of General
Electric
wanted to sell Cuba solar panels, in accordance with Obama's
regulations, and needed financing to do so -- something else that
is still unresolved -- although it is approved, no bank willing
to provide the financing has appeared. But if an affiliate of the
General Electric Company in Mexico wants to sell Cuba solar
panels, it can't do so; it must be done by General Electric
headquarters in the United States, which creates a contradiction.
That is, the central headquarters can, but not its affiliates in
other countries; this is prohibited by the Torricelli Act.
And this is no accident. Because, until 1992, Cuba bought
medications from U.S. companies in third countries, and the Toricelli
Act stopped these sales, as a way to tighten the
blockade of Cuba.
In the fourth place, and this was established by a law
in the
year 2000, the Trade Sanction Reform and Export Enhancement
Act -- this is the law that prohibits trips to Cuba for the
purpose of tourism, while at the same time allows the limited
sales of foods to our country. It prohibits travel to Cuba by
U.S. citizens for tourism, while stipulating that U.S. citizens
may only come if they qualify within one of the 12 categories
listed in the law: academic exchanges, cultural, government
officials, relatives of Cubans living there, etc. Thus, although
Obama may want to do so, he cannot totally open up travel to
Cuba, because this law from 2000 prohibits trips for the purpose
of tourism.
Fifth, this same law from 2000, which allowed sales of
food
to Cuba by the United States, for the first time, but subject to
many conditions, among them the prohibition on federal or private
credit to Cuba -- the obligation to pay in cash, in advance,
which puts the agricultural sector of this country at a
disadvantage in relation to others, which can, in fact, offer
private financing for authorized exports, of course, only when a
banking institution willing to grant it appears.
These are some of the things Obama, or any other
President,
cannot do, because they are prohibited by law; but as you see,
there remains an enormous area in which he can exercise his
powers and, to date, has not done so. Why has he not done so? The
United States government insists that the President has reached
the legal limit for the use of his prerogatives. Nonetheless,
many attorneys in the United States, including those who advise
the Cuban government, say no, this isn't the case; there is still
a broad spectrum of steps he could take, and has not done so.
Nilexys, University of Havana Law School:
I
participate in the Model United Nations in Havana. First of all,
in the name of all who are here, I would like to thank you for
taking the opportunity to interact with us in this informal
space, clarifying for us certain [questions] on the issue of the
blockade.
I would like to ask you about the Trading with the Enemy Act,
which in September 2015, despite the reestablishment of
diplomatic relations, Barack Obama renewed, with the sanctions
that are imposed as a consequence. That is, what is the
possibility that Barack Obama, if it were possible at this time,
or the next President of the United States of America, not renew
the sanctions that come with the implementation of the Trading
with the Enemy Act, from 1917?
Josefina Vidal: Since a law student
asks me,
with the forgiveness of those not studying law, I have an opening
to give an explanation that is complicated.
See, I always say that the mother of all the blockade
laws
is the Trading with the Enemy Act, that goes back to
1917. You can imagine, a law against trade with the enemies of
the United States in WWI, but this is the law that has allowed
successive U.S. Presidents to impose sanctions on various
countries, on the basis of considering the situation one of
national emergency. This was the law used in the 1950s to impose
sanctions on North Korea; this is the law that was later used to
impose sanctions on Cuba and Vietnam, as well.
Then came other blockade laws: the Foreign
Assistance
Act of 1961; the Export Administration Act of 1979;
the Toricelli Act of 1992; the Helms-Burton of
1996, and the Sanction Reform Act of 2000, that are the
most important.
And since then to date, there have been many
regulations
derived from these laws.
Well now, so that you understand a little of the
complexity
of the issue, in the year 1973, the United States Congress began
to question the fact that Presidents of the United States, on the
basis of the Trading with the Enemy
Act, were imposing sanctions
on countries right and left, without even declaring the existence
of a national emergency, and affecting the economic interests of
the United States. The U.S. Congress decided, at that time, to
approve a new law entitled the Emergency
Economic
Powers
Act --
approved in 1973 -- creating the dilemma: What about the
sanctions imposed prior to this date? The new law clearly
stipulates that, for a President to announce or impose sanctions
on more countries, he would be obliged to declare a specific
emergency situation, case by case, not basing himself in a
general way on an emergency situation in the past, to continue
applying sanctions.
So you understand, Kennedy decreed the blockade of Cuba
without declaring a specific emergency for Cuba, but rather using
the same one that had been declared for North Korea during the
war on the peninsula in the 1950s. These are strange things that
happen, but on the basis of that emergency, they continued
imposing sanctions, and then Congress said: No, from now on, to
impose sanctions you have to declare an emergency situation case
by case.
This is what they did in regards to Venezuela.
Remember? Last
year, before saying that sanctions were being imposed on certain
Venezuelan officials, President Obama had to declare an emergency
and say that a situation had developed in Venezuela which
threatened U.S. interests. Well, in the 1973 discussion, they
said: Well, what do we do with the old group of sanctions, on
Cuba, North Korea, Vietnam? The decision was to leave them
untouched, leave them the way they were. They would continue to
exist on the basis of the Trading with the Enemy Act. The
1973 law stipulated therefore that, from that moment on, if the
sanctions on Cuba, Vietnam and North Korea were to be continued,
every year the President in office would have to say that it was
in U.S. interests to maintain these sanctions. This was done with
North Korea until George W. Bush eliminated the sanctions as part
of a commitment made at that time regarding the nuclear conflict
with that country. This was the case with Vietnam until Clinton
decided to lift the blockade in 1995, since Clinton could
eliminate the sanctions on Vietnam with a stroke of his pen, there
was no law to stop him; but the blockade of Cuba was maintained,
and therefore, every year, given this 1973 law, the President of
the United States is obliged to say that sanctions on Cuba are
being maintained under the Trading with the Enemy Act.
Very interesting -- and I will end this complicated
response
at this point -- U.S. government lawyers say that it is
convenient to keep the sanctions on Cuba alive under the Trading
with the Enemy Act because, they say, this
law
from back then in 1917 is the source of the executive powers
which allow the President to authorize prohibited transactions
via licenses, although these are also recognized in the 1996 Helms-Burton
Act.
Forgive me the complicated explanation, but it is a
question
that is asked often, and I thought the response would be of
interest to you. Of course, it should be mentioned that if some
day a President decided to act in a different manner, and not
extend the sanctions on Cuba based on the Trading with the
Enemy Act, this would not imply that the blockade would
disappear, since, remember, there is more legislation in effect
sustaining the policy.
Lin María, ISRI: So, Obama
has been renewing
the law all these years?
Josefina Vidal: Of course. Not just
Obama,
since 1973, all the Presidents have had to do it each year; what
has occurred in Obama's era is that everyone has paid more
attention to this, because clearly, it is a contradiction -- this
is obvious -- that he says that the blockade is obsolete, that
the blockade hurts Cuba, that the blockade damages U.S.
interests, and must be lifted, while at the same time, he signs a
paper saying that it is in U.S. interest to maintain the
sanctions on Cuba under the Trading with the Enemy Act.
These are the big contradictions that we still see in U.S. policy
toward Cuba, and which are reflected in the Presidential
Directive just approved.
Lin María: Professor, the
original
question, when we talk about this, we always look at it as being
about two bands. Right? For the debate, to smooth things between
the President and Congress, but within the Congress, what are the
positions regarding the blockade, and what economic interests are
involved; what interests continue to make the Congress vote in
its majority to maintain the blockade?
Josefina Vidal: See, there are
increasingly
visible sectors in Congress -- I must say -- who oppose the
blockade, and rejection of the blockade is increasingly
bipartisan. As a norm in the past, it tended to be seen that
Democrats favoured lifting the blockade, because it was generally
so, with Republicans against. Today, this can no longer be
said.
To a greater degree, we see a core of both Democrats
and
Republicans who oppose the blockade. Take note, the majority do
not oppose the blockade because it hurts Cuba or the Cuban
economy -- and this is important to take into consideration --
but in the first place because it hurts the economic interests of
the United States, and the strategic interests of the United
States in Cuba; but whatever the case, an increase in the debate
has been noted, and new forces have joined this rejection of the
blockade.
There are, at this time, more than 20 proposed bills to
modify aspects of the blockade, and strangely enough, the
majority of them are being promoted by Republicans, both in the
House of Representatives and the Senate. But the situation is
very complex in Congress. For a bill to be submitted for debate,
it is not enough that a critical mass support the proposal. The
leadership of the party which has control of the Senate or House
must allow the proposal to be included on the voting agenda. And
what has been happening is that, despite the support, despite the
bills, especially in the House of Representatives, the leadership
opposes the lifting of the blockade, and has not wanted to
facilitate a plenary discussion or submit these legislative
proposals to a vote.
But I should say at the same time, there are a number
of
legislative proposals meant to reinforce the blockade, to roll
back via the legislative route what Obama has done with his
executive powers. Thus, this situation, I believe, is going to be
maintained for the time being. There are Congressional elections
now, and I believe we'll have to wait until next year to see how
this debate moves forward.
I think the rain is putting an end to the time we had
planned
for this exchange. Is there another question?
Unidentified student: Professor, I
would
like to ask you... since the report on damage caused by the
blockade has been submitted to the UN, we would like to hear
about some of the damages caused this last year, the increased or
decreased numbers of losses in our economy, in the health care
sector, etc.
Josefina Vidal: In Cuba's report on
the blockade there are many, many figures. I can't give them to you
exactly from memory. The damages in a single year have been more than
$4
billion [$4.68 billion] and those accumulated since the
blockade was imposed surpass $125 billion [$125.873 billion]; based on
the depreciation of the dollar in relation to the price of gold on the
international market, damages reach more than $700 billion [$753.688
billon]. There are many examples of damages in the health sector, in
the area of food, to transportation and biotechnology. Best to look
over the report and you'll see many facts there that should be of
interest, and show that the blockade hurts the entire economy and all
sectors of our society.
I think we need to end, thank you all very much.
[Applause]
See you soon.
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