Ros-Lehtinen, Menendez Lead Bipartisan Letter to President Obama on Possible Cuba Policy Changes
U.S. Rep. Ileana Ros-Lehtinen (R-FL), Ranking Republican on the House Foreign Affairs Committee, Senator Robert Menendez (D-NJ) and U.S. Reps. Lincoln Diaz-Balart (R-FL), Mario Diaz-Balart (R-FL) and Albio Sires (D-NJ) sent a letter today to President Obama expressing their concerns about potential changes being considered by the Administration to U.S. policy toward the Cuban regime and questioning whether the changes might conflict with U.S. statute.
The text of the letter follows:
August 20, 2010
The Honorable Barack Obama
President of the United States
The White House
Washington, D.C. 20500
Dear Mr. President:
There have been increasing news reports referencing statements by senior U.S. officials regarding an impending announcement of changes to current U.S.-Cuba policy, primarily, to allow for increased U.S. travel to the island. We are deeply troubled that such changes would result in economic benefits to the Cuban regime and would significantly undermine U.S. foreign policy and security objectives. However, we are also concerned that the reported changes could run contrary to statutory requirements and prohibitions. In that vein, we would like to draw your attention to pertinent provisions of U.S. law and, pursuant to these, respectfully request that your Administration reconsider issuing any determinations altering U.S. policy targeting the Cuban dictatorship.
Reportedly, the measures under consideration would expand the categories of travel, particularly for academic, religious and cultural purposes, and would significantly increase the number of U.S. cities permitted to carry out flights to the island.
While section 515.560 of title 31, Code of Federal Regulations (CFR), currently authorizes certain travel-related transactions for these and other purposes by a general license or on a case-by-case basis by a specific license, any activity considered tourism travel is prohibited by section 910(b) of P.L. 106-387, the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA).
Of particular relevance and importance are the following provisions of P.L. 104-114, the Cuban Liberty and Democratic Solidarity Act of 1996 (LIBERTAD Act):
• Section 4 of the Act clearly defines the "economic embargo of Cuba" as "including all restrictions on …travel to or from, Cuba."
• Section 102(h) of the LIBERTAD Act, also known as Helms-Burton, affirms that "the economic embargo of Cuba, as in effect on March 1, 1996" shall remain in effect until the President determines and notifies the Congress that a transition government or democratically elected government, as defined in the Act and as applicable, is in power in Cuba.
• Sections 205 and 206 of the Act outline the specific requirements and factors for the Presidential determination of a transition and democratically-elected government that would permit the suspension of any component of the "economic embargo of Cuba" as defined in the Act.
The law is clear that all, not just some, of the criteria must be met for a determination to be issued, and it is evident that the Cuban regime remains as repressive as when Helms-Burton was enacted and maintains absolute power and control over the political system and people of Cuba.
As such, we believe any effort to further expand U.S. travel, add a significant number of departure cities, or other similar measures could be viewed as violating the tourism-travel related prohibitions in TSRA, as well as the statutory requirements in Helms-Burton pertaining to the continuation of "the economic embargo of Cuba."
The LIBERTAD Act also provides a roadmap of certain steps that the Congress can undertake to ensure full enforcement of the law. As you may know, P.L. 104-114 under section 204 provides for the introduction of a joint resolution of the two Houses of Congress which states "That the Congress disapproves the action of the President under section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba..."
We believe the laws pertaining to U.S.-Cuba policy are clear, providing a concise roadmap of both permissible and prohibited transactions aimed at protecting and advancing U.S. interests. Meanwhile, changes such as those being reported in the media would undermine those priorities, could run contrary to U.S. statute, and would play directly into the hands of the Cuban tyranny.
In light of the concerns and critical issues we have raised, we respectfully ask that you reconsider making any determinations changing current U.S.-policy toward the Cuban regime until the requirements in U.S. law are met.
Sincerely,
ILEANA ROS-LEHTINEN
ROBERT MENENDEZ
LINCOLN DIAZ-BALART
MARIO DIAZ-BALART
ALBIO SIRES
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