China Climate Deal a Model for Big Reforms on Cuba

November 14, 2014

The deal President Obama struck with China’s President Xi Jinping committing both countries to reduce greenhouse gas emissions enraged climate change deniers, elements of the coal industry, and its core supporters in Congress.

If you look at what made the breakthrough possible, how it happened, how it will be implemented, and what motivated both sides to reach the agreement, it should also make hardline supporters of Cuba sanctions very, very nervous.

President Obama went to China for the leaders’ meeting of the Asia-Pacific Economic Cooperation (APEC) forum, which promotes economic cooperation in the region, and for bilateral talks with China’s president.

Preceding the bilateral meeting with President Xi, diplomats from China and the U.S. negotiated agreements on trade, visas, and security; the latter referring to a U.S. priority to get China’s military to adopt international norms and reduce conflicts over borders as well as disputes over fishing and land rights.

The climate change agreement, which came about after “nine months of quiet dialogue between the two countries,” was described by Michael Levi of the Council on Foreign Relations as “a serious diplomatic breakthrough after years of unsuccessful efforts to do something big and joint that goes beyond clean energy cooperation and gets to one of the most sensitive parts of climate policy.”

China and the United States are the world’s two biggest emitters of carbon pollution, the main driver of climate change. Opponents of climate change legislation in the U.S. consistently cite China’s reluctance to cap its carbon emissions as evidence that action by the U.S. would be a futile exercise. By negotiating a deal with Xi, Mr. Obama has taken that excuse out of play.

According to James Fallows writing in The Atlantic, China was moved to action because it recognized that “environmental damage of all kinds is the greatest threat to its sustainability — even more than the political corruption and repression to which its pollution problems are related.”

What most infuriates President Obama’s domestic political opponents is not just the forward movement he produced through bilateral diplomacy before the two summits in China, but the fact that the president can fulfill our part of the agreement by taking executive action.

By pledging to use the power of his office to do what Congress has proven unable and unwilling to do, the president’s climate deal was called by one analyst, “arguably as significant on pure foreign policy terms as it is on environmental terms. It sets a precedent of the U.S. and China not just cooperating on a difficult issue — as a very rich country and a poorer country, their climate policies are necessarily at odds — but cooperating on global leadership.”

Equally important, the president demonstrated that his foreign policy could walk and chew gum at the same time by scoring several critical agreements with China while also reaffirming his concerns about China’s record on human rights.

There is no clearer case for what President Obama should do in Cuba than what he just accomplished in China.

He used engagement and quiet diplomacy to reach agreements that reflected the national interest of both countries. He will implement the deal by executive action. By reaching an agreement that replaced inaction by China with a substantial climate change commitment, he removed the greatest barrier — at least rhetorically — to real action on climate by the United States. He managed to negotiate these complicated accords ahead of two key summits so that he wouldn’t have to travel to the region empty handed.

Today, the greatest obstacle to progress with Cuba is the continued imprisonment of Alan Gross on the island and the sentences being served by three Cuban spies in the United States. Gross broke Cuban law by engaging in regime change activities, and the Cuban spies broke U.S. law by failing to register as foreign agents as they investigated exile terror groups that had killed Cuban citizens.

President Obama can use the powers of his office to strike the deal that will free Mr. Gross and the Cuban prisoners while also removing the biggest impediment to greater U.S. engagement with Cuba on a variety of issues, including human rights.

There is nothing he can do to win over his most virulent opponents in Congress. Just yesterday, Rep. Ileana Ros-Lehtinen denounced Cuba for its leadership in the fight against Ebola and criticized any effort to free Alan Gross that would include negotiations with Cuba.

But if the president wants to succeed at next year’s Summit of the Americas, where all of our nation’s hemispheric allies will be joined at the table by Cuba, he must make substantial changes in our foreign policy toward the island’s government, as Richard Feinberg argues here.

Just as he struck a deal with China to control carbon emissions over the objections of climate deniers while also restating our nation’s commitment to human rights, the president can overcome those invested in our current, polluted relationship with Cuba by changing the climate around U.S. diplomacy toward Cuba.

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ICYMI: FATF Takes Cuba Off Its AML/CFT List! Wait, What?

October 31, 2014

Unless you cyber-troll the FATF website, you probably missed this item.

Last Friday, FATF congratulated Cuba for taking such strong actions to police its financial system that Cuba will no longer be monitored for its compliance with anti-money-laundering and anti-terrorist finance rules.

Be patient. Don’t flip to the “Recommended Reading” section just yet. This is about Cuba’s false and unfair listing by the U.S. State Department as a state sponsor of terror.

FATF is actually a thing, not just a bad acronym: The Financial Action Task Force. It was created in 1989 at meeting of the G-7 nations to combat money-laundering and, after September 11, 2001, its mandate expanded to cover terrorist financing.

Countries that fail to embrace and enforce its rules suffer consequences. As the Wall Street Journal reports, it is “difficult for those nations to transact with the banking systems” of countries throughout the world, costing them billions.

If countries out of step with FATF are also subject to U.S. sanctions (e.g. the U.S. State Department’s list of terrorism-sponsoring states), their problems multiply. As a practical matter, they are locked out of the global financing sector, which could deny them “billions of dollars in potential investment,” according to one analysis.

Cuba knows this well.

Cuba was added to the list of State Sponsors of Terrorism in 1982, when the Reagan administration decided to play politics with counter-terrorism, a dangerous game taken up by every White House since. Listen to Dick Clarke, a career civil servant who advised three U.S. presidents on counter-terrorism policy, explain why Cuba stayed on the list in the 1990s; it wasn’t because Cuba supported terrorism, but rather it was for purely domestic political reasons.

Because no administration has been as candid as Mr. Clarke, they have kept Cuba on the list, but shifted their rationales for doing so as circumstances warranted.

At the start, the U.S. government accused Cuba of supporting insurgencies in Africa and Latin America. While Cuba’s activist foreign policy once involved supporting armed insurrection abroad, Cuba has long since ended these practices, as the Congressional Research Service (CRS) explains.

In 2004, the Bush administration called out Cuba for publicly opposing Washington’s “War on Terror,” not for supporting terror but for voicing criticism of U.S. policies. This was a flimsy charge, but it took the State Department a few years to drop it.

As recently as 2011, the State Department has used Cuba’s failure to meet FATF standards to justify its presence on the terror list: “Despite sustained and consistent overtures, Cuba has refused to substantively engage directly with the FATF. It has not committed to FATF standards and it is not a member of a FATF-style regional body.” Then, things changed.

Just a year later, State reported that “Cuba became a member of the Financial Action Task Force of South America against Money Laundering, a FATF-style regional body. With this action, Cuba has committed to adopting and implementing the FATF Recommendations.”

By the time the Department issued its 2013 report, all references to Cuba’s compliance with FATF’s standards had vanished completely.

So, remind us again, why is Cuba still on the terror list?

Even the State Department seemed confused when it released this year’s terror report which said, “there was no indication that the Cuban government provided weapons or paramilitary training to terrorist groups.”

In another sentence, State reported “Cuba has long provided safe haven to members of Basque Fatherland and Liberty (ETA) and the Revolutionary Armed Forces of Colombia (FARC).” But, in the very next line, State said, “Reports continued to indicate that Cuba’s ties to ETA have become more distant.”

We also know that Spain’s government told former President Carter that “ETA members are there at the request of the Spanish government,” and that Colombia, a close U.S. ally, is relying on Cuba as a host and facilitator for its peace talks with the FARC to help end their civil war.

This leaves only one allegation: “The Cuban government continued to harbor fugitives wanted in the United States.”

Here, the report refers to Joanne Chesimard, convicted in the U.S. for her role in the murder of a New Jersey state policeman, and to other so-called “militant groups” active in the U.S. decades ago. But, Cuba’s decision to allow them to live on the island is not an act tantamount to supporting terrorism.

Terrorism is a terrible thing. In 2013, the data show there were over 9,700 terror attacks worldwide that caused more than 17,800 deaths and 32,500 injuries. But not one casualty, not one act of violence was connected to Cuba.

So, if Cuba has zero connections to terrorism, why is it that when a reporter asked Marie Harf, the Spokesperson for State, “How much longer are you going to keep Cuba on the list of state sponsors of terrorism?” she replied by saying, “Well, it’s a good question that I know comes up a lot. The State Department has no current plans to remove Cuba from the State Sponsors of Terrorism list”?

Of course, she could have offered a more candid answer. There’s just one thing holding up Cuba’s removal from the State Department’s State Sponsors of Terrorism list, and it isn’t radical fugitives from the 1970s or 80s who found safe haven in Cuba.

It’s politics – and that’s a FATF, er, a fact.

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Cuban Doctors in Africa: A Transformative Moment for U.S. Policy

October 24, 2014

During the Cold War, Cuba’s decision to send its armed forces to Africa to support newly independent governments and movements fighting apartheid was used by the Reagan administration in 1982 to help justify putting Cuba on the U.S. State Sponsors of Terrorism list.

This false designation stigmatizes Cuba today and exacts an increasingly hard toll on its citizens and its ability to conduct commerce abroad.

Now that Cuba has returned to Africa three decades later with an “army of white robes” comprised of doctors and nurses fighting Ebola in Sierra Leone and heading to Liberia and Guinea, this is a teachable moment for the world to see what Cuba can do.

But, Cuba’s intervention against Ebola can also be a transformative moment for President Obama, if he uses it to redeem and reform U.S. policy toward Cuba.

When President Obama attended his first meeting of the Summit of the Americas, hosted by Trinidad and Tobago in 2009, Scott Wilson of the Washington Post asked him two questions at the final press conference of the event.

“What have you learned over two days of listening to leaders here about how U.S. policy is perceived in the region? And can you name a specific policy that you will change as a result of what you’ve heard?”

Although the President’s answer said nothing about how he’d change U.S. policy, he talked unexpectedly about Cuba’s medical internationalism:

“One thing that I thought was interesting — and I knew this in a more abstract way but it was interesting in very specific terms — hearing from these leaders who when they spoke about Cuba talked very specifically about the thousands of doctors from Cuba that are dispersed all throughout the region, and upon which many of these countries heavily depend.”

If the President did not know then about Cuba’s broad commitment to send doctors and other health professionals to help other nations respond to crises or provide health care to people in the developing world, many of whom never met a doctor before a Cuban physician showed up, he surely knows now.

As the BBC reported this week, “Cuba is now the biggest single provider of healthcare workers to the Ebola crisis in West Africa, more than the Red Cross or richer nations.” But, it’s not just Africa and Ebola. There are 50,731 Cuban medical personnel working in 66 countries — as John Kirk says, “more than those deployed by the G7 countries combined.”

Cuba can send well-trained doctors and health professionals who have volunteered for the Ebola mission because it has a vast system of medical education and the capacity to dispatch teams of doctors from its Henry Reeve Brigade for service abroad in the event of natural disasters.

The Henry Reeve Brigade was formed in 2005, as the Center for International Policy reported here, with the intention of sending 1,600 medical professionals to assist during the aftermath of Hurricane Katrina, but the offer was declined – then ridiculed – by the United States.

Soon after, Emilio González, who the Wall Street Journal identified as a staunchly anti-Castro exile, launched a plan to undermine Cuba’s deployment of doctors overseas. González, director of the U.S. Citizen & Immigration Services from 2006 to 2008, infamously called Cuba’s medical internationalism policy “state-sponsored human trafficking.”

Rolled out by the Bush administration in 2006, the “Cuban Medical Professional Parole Program” lures Cuban medical personnel off their posts by making them eligible for special immigration rights simply by presenting themselves at U.S. diplomatic posts abroad.

As Greg Grandin noted recently in The Nation, President Obama has left this cynical policy in place, defended by cynics like Rep. Ileana Ros-Lehtinen and others in Congress. It really needs to be terminated.

But, when the President attends his last Summit of the Americas next year, it would be good, but not nearly sufficient, for him to answer Scott Wilson’s question from 2009 by saying, “yes, one policy I would change is repealing that program that steals Cuban doctors from their posts in the world’s poorest countries.” The moment is demanding more from his leadership.

At a time when Cuban doctors are performing one of the great humanitarian missions of our day, when the UN General Assembly is about to condemn the U.S. embargo for the 23rd time and when public opinion – across the U.S. and within the Cuban diaspora – favors major changes in the policy as never before, the President has ample political space to do a lot more.

He has the authority to end most travel restrictions, remove Cuba from the terror list, and modernize trade and other policies, without risking the threat of political backlash that immobilized U.S. presidents in the past.

Steps like these would open the way for real dialogue with Cuba’s government, help reset our relations with the region and global community, and offer President Obama a meaningful foreign policy legacy. As his days in office dwindle down, it’s hard to imagine he’ll be offered a better time to act.

Join our friends at LAWG by signing their petition to get off Cuba off the list.

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Friends Don’t Let Congress Drive Cuba Policy

August 1, 2014

Congress spent a month spinning itself into a frenzy over the crisis at the southern border of the U.S.

But, after weeks of photo ops, accusations that the Obama Administration created the crisis and failed to stop it, and shameful efforts to marginalize the children who fled poverty and violence in order to get here, nothing happened.

The least productive Congress in modern history has spun itself into a ditch.  It has made the migration crisis so dire and so toxic that even punitive legislation to fix it became too hot to handle.  Backed up against their own deadline for the August recess, neither the House nor the Senate could find enough votes to pass even band aid-sized fixes to a greater than tourniquet-sized problem.

As of this publication, the House leadership is considering how to press forward – making the legislation meaner to migrants, which dooms the bill to failure – or by taking the moral highroad and driving off on vacation.  In the meanwhile, both House Appropriations Chairman Harold Rogers (KY-5) and Speaker John Boehner issued statements telling the President to sweep up the mess by taking executive action (ironic, given the recent House decision to sue him for using his authority to implement health care reform).

There are media reports, such as here by the Wall Street Journal, saying the President will take broad action by September to address the crisis without waiting any longer for Congress to act.

While some in Congress hope the President will take executive action to fix the border, we and others have been urging the President to use his authority to make further reforms to U.S.-Cuba policy.

But, as the 44 signers of the letter supporting executive action on travel, negotiating with Cuba, and other issues, reminded President Obama in May, “Timing matters and this window of opportunity may not remain open indefinitely.”

What could close the window?  U.S. politics, as bad as it is, is likely to get worse.  There are just ninety-five days until the midterm elections take place; 156 days until the new Congress is seated.

What happens if today’s gridlocked Congress gives way to a 114th Session of Congress dominated by one party, as even non-partisan pundits predict today, and it takes on President Obama aggressively as he ends his term and the parties nominate candidates to replace him?  Does the window close and, if so, what happens to the hope for executive action then?

What happens if Charlie Crist, candidate for Governor in Florida, who has come out as anti-embargo and considered traveling to Cuba, is defeated in November by incumbent Governor Rick Scott in what is then interpreted as a referendum on Cuba policy reform?  What happens then?

What happens as policy changes that take long lead times – for example, solving the problem of a hemispheric boycott of the Summit of the Americas by inviting Cuba to participate – are eclipsed due to the passage of time?  What happens then?

What happens if Alan Gross’s physical health and mental state are as precarious as his legal team indicates?  If his condition deteriorates further, what happens then?

What happens if there is an abrupt change in the political structure in Cuba given the advanced ages of its senior leadership?  How could the window stay open then?

The President’s authority to take significant actions that reform Cuba policy, that free Alan Gross, whose imprisonment remains the chief obstacle to warming relations, and that speed the U.S. toward normalization, is greater than most people realize.  Once the Supreme Court acts, perhaps later this year, on a case with implications for the foreign policy powers of the presidency, the extent of his authority to make really big changes in U.S. – Cuba relations could grow larger still.

However, it is not the President’s power but his willingness to use it, given the political space he has and the time constraints that face him, which is pivotal now.  What also matters deeply – and we’re told, may matter more than many of us know – is whether the government in Havana understands just how close we are to the window of opportunity slamming shut.

President Obama’s actions in his first term to expand travel for Cuban families and people-to-people exchanges – described as modest here and disregarded as domestic politics by some in Cuba – continue to provide big benefits.  But, he can and should do a lot more.

To get there, it is President Obama and not Congress who must drive policy.  But, he should start revving the engine now before it is too late.

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The Engagement Party

June 20, 2014

These days, the President can’t shake hands with an adversary – much less negotiate freedom for an American prisoner – without being stung by fifties-era fighting words like appeasement.

This week, however, there was more evidence that the President has greater political space to negotiate with Cuba than he might have otherwise thought.

Florida International University, which has tracked opinion in the politically conservative enclave of South Florida since 1991, has just released its 2014 poll testing how Cuban Americans view U.S. policies toward Cuba.

According to FIU’s 2014 surveymajorities of Cuban Americans now support three big changes in U.S. policy – ending the embargoending restrictions on travel, and recognizing Cuba diplomatically – at the highest levels it has ever recorded.

FIU found support for diplomatic recognition among all respondents at 68%; among younger respondents at 90%; among all registered voters at 55%; and among non-registered voters at 83%.  Since the major thrust of U.S. policy has always been to isolate Cuba and stifle contact between our two governments, finding outsized support levels among Cuban Americans for reestablishing diplomatic relations with Cuba is a really big deal.

We believe, and believe strongly, in the U.S. using diplomacy to end our self-imposed isolation and recognize Cuba.  But even short of normalization, we advocate engagement to help us jointly solve the problems we and Cuba have in common.

During most of the 41 trips to Cuba we’ve hosted, Cuban officials, academics, and others have identified issues – such as law enforcement, terrorism, drug trafficking, and much else – where both countries would benefit by increasing or starting bilateral cooperation.

Our 21st Century Cuba publications zero in on subjects – such as protecting Florida from oil spills, and working with Cuban women as they seek greater economic benefits and autonomy in Cuba’s new era of reform – where the U.S. could collaborate, help Cubans and serve our national interest, if only U.S. policy and sanctions didn’t hold us back.

Last night, as we celebrated our 8th anniversary, CDA honored three allies whose work exemplifies engagement: Wynn Segall, the eminent sanctions lawyer, who has secured the research and people-to-people travel licenses that enable us to visit Cuba; Mario Bronfman of the Ford Foundation, who supported our 21st Century Cuba research program; and Carol Browner, the former EPA administrator, who has joined her leadership on climate change to the cause of engagement with Cuba.

Their actions, to dismantle barriers to collaboration and move relations with Cuba in a more positive direction, are the model for making progress on U.S. policy.  With the FIU survey showing clear and increasing support in South Florida for dealing directly with Cuba, there is no political excuse left to hold the Administration back.

However, due to developments in the case of Alan Gross, there is even greater urgency for them to embrace engagement now.  Mr. Gross was arrested in Cuba in 2009 for regime change activities our government knew to be in violation of Cuban law.  He is in a hospital prison in Havana serving a 15-year sentence.

Since his arrest, our government has primarily called on Cuba to release him unilaterally, and dismissed Cuba’s offers to negotiate a solution that would bring him home.  This strategy has produced nothing.

Dismayed by our government’s disengagement, Alan Gross said in an appeal for help to the White House last fall: “With the utmost respect, Mr. President, I fear that my government — the very government I was serving when I began this nightmare — has abandoned me.”

Having failed to stir action, Mr. Gross went on a hunger strike in April and later threatened to take his life if he found himself in prison by his next birthday.  On Wednesday, we received word that his mother died from cancer, and learned last night that his brother-in-law also passed away this week.

In a statement issued following Gross’s mother’s death, Cuba reiterated its willingness to negotiate, and clearly linked the humanitarian concerns of Alan’s case to the three members of the Cuban Five still in prison here.

Resolving the Gross case is a prerequisite for moving forward on normalizing relations with Cuba, a virtue by itself.  But, fruitful negotiations with Cuba could also restore faith here in presidential leadership and a core purpose of diplomacy: negotiating with our adversaries to get things done.

Consider the case of Colombia.  This week, Juan Manuel Santos won reelection as Colombia’s president after beating Oscar Ivan Zuluaga in a runoff campaign.

Santos put his hold on power at risk and placed his faith in diplomatic negotiations with the FARC to end the civil war that has bloodied his country since 1964. Zuluaga, by contrast, as the Wall Street Journal reports, accused Santos of selling out Colombia at the bargaining table.

Rejecting allegations of appeasement, Santos said, “What is important, as Nelson Mandela said, is what is negotiated at the table.”  Apparently, a majority of Colombians agreed.

What a good reminder to President Obama who, just six months ago, shook hands with Raúl Castro at Mandela’s memorial.

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A Summer Reflection on the Right to Travel (in both directions)

August 16, 2013

When you last read the Cuba Central News Blast, our team headed out on vacation even as we awaited word about the intrepid Ben Friberg, trying to become the first paddle boarder to cross the Florida Strait from Cuba’s Port Hemingway to Key West, Florida.

With our vacation behind us, and summer’s end just before us, we were reminded how much we love travel and how the cause of restoring the rights of all Americans to travel freely to Cuba motivated us to create this news summary in the first place.

Ten years ago, travel rights hung in tatters. After President Clinton encouraged family travel, permitted all U.S. residents to send remittances, allowed more direct flights to Cuba, and opened broad categories of people-to-people travel, President George W. Bush totally reversed course.

His administration wanted to design a new, Made in America future for the Cuban people. He ended people-to-people travel.  He tightened limits on family travel and humanitarian assistance by executive action.  He convened a Commission for Assistance to a Free Cuba, which wanted to cut off travel in the belief they could bring the Cuban system to its knees by curtailing the flow of most tourist revenue to its government.

The Bush administration’s coordinator of the Office of Cuban Affairs calculated that travel restrictions cost the Cuban economy $375 million annually, and said in a speech in Miami: “To my way of thinking, these measures are already having their effect, and we are seeing it now in Cuba.  Will it move us toward that which we want, a democratic transition?  We don’t know…”

Well, we know: the policy didn’t produce changes in Cuba, but it kept blinders on the Americans who wanted to visit the island, so they couldn’t compare what U.S. government policy said about Cuba to the Cuban reality itself.  As Aldous Huxley famously said, “To travel is to discover that everyone is wrong about other countries.”  U.S. policy allowed for no such discoveries, which is why the pro-sanctions crowd really finds travel restrictions so useful.

But, they never could shut off the tourists from every other nation who could visit Cuba without asking their government’s permission to go.  Any void created by the absence of U.S. visitors continues to be filled by tourists from the region and the rest of the world, more than a million and a half of whom visited Cuba in just the first six months of 2013.

To his credit, President Obama has taken steps to restore unlimited family travel for Cuban Americans, reopen people-to-people travel, allow more U.S. airports to serve the Cuban market, and renew opportunities for sending remittances to qualified Cubans for all U.S. residents.

We still haven’t reached the goal – freedom to travel for Americans – and the restrictions on U.S. travelers to Cuba remain tight.  The Associated Press bureau in Havana said it well earlier this summer:

“While millions of tourists visit Cuba each year from Canada, Europe and elsewhere, Washington’s 51-year-old economic embargo still outlaws most American travel to the island. However, tens of thousands of U.S. citizens are now visiting legally each year on cultural exchange trips. These so-called people-to-people tours are rigidly scheduled to comply with embargo rules...”

That said, when American travelers in increasing numbers can see Cuba’s architecture and cultural origins, reach out to its Jewish and gay communities, and experience its environmental diversity, on trips licensed by the U.S. Treasury; and when U.S. policy goes further, and loosens restrictions on the ability of Cubans to visit our country, thanks to epic staff work at the U.S. Interests Section in Havana, as reported by Fox News, these are all steps in the right direction.

A year ago, the State Department told Congress that the president’s new travel policies were achieving its goals:  As Assistant Secretary of State Roberta Jacobson said, “The administration’s travel, remittance and people-to-people policies are helping Cubans by providing alternative sources of information, taking advantage of emerging opportunities for self-employment and private property, and strengthening independent civil society.”

The administration should do more.  Members of Congress are urging President Obama to expand people-to-people travel by making it permissible under a general license, and now is certainly the right time for him to act. The summer travel season may be ending here, but the need to secure two-way travel rights for all Cubans and all U.S. residents goes on.

One other thing:  Ben Friberg will go down in history as the first paddle boarder to cross from Cuba’ to the U.S., Caribbean 360 reports. He made the 28-hour, 111-mile journey: “to promote peace and understanding between Cuba and the US and to promote a healthy lifestyle.”  In doing so, he also became a symbol for the right to travel.

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