us cuban anti hijacking

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96-138 F

CRS Report for CongressCuba-U.S. Relations:A Chronology of Key Events,

1959 - 1996

Mark P. SullivanSpecialist in Latin American Affairswith the assistance of

Sandra Morales-Musta and Tamar Sat-NetForeign Affairs and National Defense Division

Updated February 18, 1997I Congressional Research Service . TIle Library of Congress CRS1111111111111111111111111111111111111111


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CUBA-U.S. RELATIONS:A CHRONOLOGY OF KEY EVENTS,1959 - 1996SUMMARY

This chronology outlines major events in U.s.-Cuban relations, from FidelCast ro 's rise to power in 1959 through 1996. More detailed information isprovided for events since 1993, including the dates of congressional hearings andlegislative action, the migration issue, the human rights situation in Cuba, andthe Cuban government's implementation oflimited economic reforms. Dates arealso provided for United Nations resolutions on both the U.S. embargo and thehuman rights situation in Cuba. For additional information on human rightsissues, the State Department's annual human rights report on Cuba providesdetails of individual cases and trends in the human rights situation. Anotherexcellent source of human rights information is provided in the annual reportof the U.N. Special Rapporteur on Cuba.

Sources for this chronology include: the Washington Post, New York Times,Miami Herald, Reuters wireservice reports, Facts on File, Radio Marti 'sChronologies ofCuban Events, Cubanews (Miami Herald PublishingCompany),and the U.S. Department of State's Background Notes on Cuba (November1994).


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TABLE OF CONTENTS

1959-1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1964-1978 21979-1983 31984-1992 41993 51994 61995 111996 18


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1959

1960

1961

1962

CUBA-U.S. RELATIONS:A CHRONOLOGY OF KEY EVENTS,1959 - 1996

On January 1, dictator FulgenicoBatista fled the country, andFidel Castro's armed 26th of July Movement became thepredominant political force. In the new revolutionarygovernment that was established, Castro's supportersgradually displacedmembers ofless radical groups. (The 26thof July Movement was named for a July 26, 1953, attack onthe Moncada army barracks in Santiago, Cuba by an armedopposition group led by Castro. Castro was imprisoned afterthe attack, but was subsequently released in 1955 under anamnesty law. Soon after, Castro went toMexico to help forma guerril la group to overthrow the Batista government. InDecember 1956, Castro returned to Cuba aboard the yachtGranma with a force of 81 men. Castro's forces eventuallygrew to several thousand.)Cuba reestablished diplomatic relations and signed a tradeagreement with the Soviet Union. After PresidentEisenhower suspended Cuba's sugar quota to the UnitedStates in July, Cuba responded by nationalizing the propertyof U.S. citizens and companies. By the end of August, theCuban government had expropriated all private U.S. propertyin Cuba.On January 3, the United States broke diplomatic relationswith Cuba in response to a Cuban demand to decrease the sizeof the U.S. Embassy staff within 48 hours. In April, theUnited States sponsored the ill-fated Bay of Pigs invasion ledby Cuban exiles to overthrow the Castro government; Castroalso made his public admission on April 16 that the Cubanrevolution was "socialist." In November, a U.S. covert actionprogramwas developed to assist Cuban internal opposition tooverthrow the Castro government; known as OperationMongoose, the program endured until October 1992. OnDecember 2, Castro declared himself to be a Marxist-Leninist.In January, at the initiative of the United States, theOrganization of American States (OAS) excluded Cuba fromthe organization. In February, the United States imposed anembargo on trade with Cuba. In October, the United Statesconfronted the Soviet Union over its attempts to placeoffensive nuclear missiles in Cuba. Mter the United Statesimposed a naval blockade on Cuba, the crisis ended with a


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1964

1966

1973

1975

1976

1977

1978

CRS-2

Soviet decision to withdraw the missiles and a U.S. pledge notto invade Cuba.In July, the GAS voted to suspend diplomatic and traderelations with Cuba because of its support for subversiveactivities in Venezuela.Congress enacted the Cuban Adjustment Act (P.L. 89-732).This gave the Attorney General the right to grant permanentresident status Cubans who have been inspected and admittedor paroled into the United States after January 1, 1959, andhave been physically present in the United States for oneyear. The objective was to give Cubans who had fled theisland a preferential procedure for seeking permanentresidency.Cuba and the United States signed an anti-hijackingagreement in February, with each side agreeing to prosecutehijackers or return them to each other's country forprosecution.In August, the United States modified its trade embargo onCuba to allow U.S. subsidiaries in third countries to tradewith Cuba. This change took place after the OAS approveda resolution in July allowing members to individuallydetermine the nature of their respective economic anddiplomatic relations with Cuba. On December 20, PresidentGerald Ford denounced Soviet and Cuban militaryinvolvement in Angola's civil conflict, stating that Cubanactions would preclude an improvement of U.S.-Cubanrelations.In October, Cuba suspended the 1973 anti-hijackingagreement with the United States after a bomb exploded ona Cubana airlines flight taking off from Barbados. Cubablamed the U.S. Central Intelligence Agency for complicity inthe bombing, in which 73 people were killed.On March 18, the Carter Administration did not renewrestrictions on U.S. travel to Cuba. (The executive order thatimposed the restrictions had to be renewed every six months.)In August, Cuba and the United States signed an accord onfishing rights in boundary waters between the two nations.In September, Cuban and U.S. diplomats began serving in"interests sections," in each other's capitals.Prospects for improved U.S.-Cuban relations dimmed duringthe year because of Cuba's increasing military role in Africa.In October and November, U.S. press reports indicated that


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1979

1980

1982

1983

CRS-3

th e Soviet Union ha d provided Cuba with a squadron of MIG23s, causing some to question whether th e U.S.-Sovietagreement of 1962 ha d been violated; on November 30,President Carter stated that th e Soviets ha d providedassurances that no shipment of arms to Cuba ha d violated th e1962 agreement an d that th e United States ha d no evidenceof nuclear weapons in Cuba.T he C ar te r Administration confirmed an announcement bySenator Frank Church of th e presence of a Soviet combatbrigade of 2,000-3,000 men in Cuba. (Congressional hearingslater confirmed that th e brigade ha d been in Cuba since1962.) Cuba's encouragement for revolutionary movementsin Central America an d th e Caribbean, including support forth e leftist government of Maurice Bishop in Grenada,increased tensions between th e United S ta te s a nd Cuba an dfurther dimmed prospects for improved relations. By th e endof th e year, Cuba ha d freed a total of 3,900 political prisonersin a program begun in 1978.From April through September, around 125,000 Cubans fledtheir island nation for th e United S tate s in th e so-calledMariel boatlift. Th e exodus was precipitated when more than10,000 Cubans crowded th e grounds of th e Peruvian Embassyseeking political asylum after th e Cuban governmentwithdrew its guards around th e embassy. Subsequently, th eCuban government opened th e harbor at Mariel, encouraginga mass exodus by allowing Cuban Americans in th e UnitedStates to pick up by boat anyone who wished to leave fromMariel. U.S. officials particularly objected to th e fact that th eCuban government encouraged criminals an d mental patientsto leave.On February 24, th e Secretary of St at e added Cuba to th e listof countries suppor ting interna tiona l terrorists, for itscomplicity with th e M-19 Movement in Colombia. (Being onth e list excludes Cuba from a wide range of U.S. foreignassistance programs.) In April, th e U.S. Treasury Departmentreimposed restrictions on travel to Cuba, although it did no timpose restrictions for certain categories of travelers (U.S.government officials, scholars, journal ists, an d CubanAmericans visiting their relatives).The United States intervened militarily in Grenada to protectU.S. lives, restore stability to th e island, an d end Cubaninfluence. Eighteen U.S. servicemen, 24 Cubans, an d 45Grenadians suffered casualties in th e military operation.


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1984

1985

1987

1988

1990

1991

1992

CRS-4

On December 14, the United States and Cuba signed amigration agreement for the normalization of immigrationprocedures. The United States agreed to issue up to 20,000preference immigration visas each year, and to continuegranting immigrant visas to Cuban residents who were closerelations of U.S. citizens, bu t these immigrants would not becounted against the annual 20,000 limit. Cuba agreed toaccept the return of 2,746 so-called excludables who hadarrived in the 1980 Mariel boatlift. In addition, up to 3,000former Cuban political prisoners would be allowed into theUnited States during FY1985, with the size of the programand any increases in subsequent fiscal years to be determined.U.S. Government radio broadcasting to Cuba (Radio Marti)began operations in May. As a result, Cuba suspended the1984 migration agreement with the United States.Cuba announced that it was going to react ivate the 1984migration agreement with the United States to allow for therepatriation of "excludables" to Cuba. Subsequently, riotsbroke out at a U.S. Federal prison holding these Cubans.Cuba signed an agreement with Angola and South Africa fora phasedwithdrawal ofCuban troops fromAngola and for theindependence of Namibia ending South African occupation.U.S. Government television broadcasting to Cuba (TV Marti)began on an experimental basis in March and regularoperations began in August.The breakup of the Soviet Union resulted in the loss ofannual Soviet assistance and subsidies to Cuba that U.S.officials estimated at about $4.5 billion each year. On March6, the U.N. Commission on Human Rights approved aresolution requesting the appointment of a U.N. specialrepresentative to examine the human rights situation inCuba.On March 3, the U.N. Commission on Human Rightsapproved a resolution (by a vote of 23 to 8, with 21abstentions) expressing concern about the numerous reportsof violations ofbasic human rights and fundamental freedomsin Cuba and urging Cuba to cooperate with the U.N. specialrepresentative on Cuba.On April 18, President Bush issued an executive order thatimplemented several provisions of the Cuban Democracy Actthat was still pending before Congress. This included aprohibition on ships from docking in U.S. ports within sixmonths of having docked at a Cuban port.


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1993

March 10

June 29

July 1

July 23

July 26

July 29

August 4

CRS-5

In September, Cubaannounced the suspensionof constructionofCuba's nuclear power plant at Juragua that was being builtwith Russian assistance.On October 23, President Bush signed the Cuban DemocracyAct of 1992 into law ( P.L. 102-484, Title XVll), whichincluded provisions to t ighten the embargo and measures ofsupport for the Cuban people.On November 24, the U.N. General Assembly approved aresolution (59 in favor, 3 opposed, and 71 abstaining) on theneed for the United States to l ift i ts embargo on Cuba.On December 18, the U.N. General Assembly approved aresolution (69 in favor, 18 opposed, and 64 abstaining) callingfor Cuba to cooperate fully with the U.N. specialrepresentative (now known as the Special Rapporteur) onCuba and to adopt measures recommended by the SpecialRapporteur to improve the human rights situation.

The U.N. Commission on Human Rights approved aresolution (by a vote of 27 to 10, with 15 abstentions) callingupon Cuba to permit the Special Rapporteur to carry out hismandate and to carry out the recommendations of the SpecialRapporteur to improve the human rights situation.The Clinton Administration slightly amended restrictions onU.S. travel to Cuba, adding persons seeking to travel to Cuba"for clearly defined educational or religious activities" and "foractivities of recognized human rights organizations."In Cojimar, Cuban Border guards opened fire on a boat ofCubans attempting to flee to the United States; three peoplewere killed. The incident led to protests by several hundredCubans in Cojimar; the Cuban military dispersed theprotesters.The Clinton Administration issued guidelines for improvedtelecommunications between Cuba and the United States asprovided for in the Cuban Democracy Act.Cuba announced that its citizens would be allowed to ownU.S. dollars and would be allowed to shop at dollar-only shopspreviously limited to tourists and diplomats.The Senate Select Committee on Intelligence held an openhearing on the prospects for democracy in Cuba.The House Foreign Affairs Committee's Subcommittee onWestern Hemisphere Affairs held a hearing on recent


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(1994 cont.)

April 22-24

April 29

May 1-2

May 19

June 23

July 13

CRS-7

and Independent Cuba Assistance Act of 1993." The hearingfeatured testimony by Members of Congress, theAdministration, and outside witnesses.Cubahosted a conference ofCuban exiles entitled "Emigrationand the Nation" which included the participation of someCuban Americans who favor a change in U.S. policy towardCuba. (Subsequently, in late April a videotape of a conferencereception featuring a Cuban American exile greeting Castrowarmly was broadcast on Florida television, and incensedmany in Miami's conservative Cuban American community.)According to U.S. officials, the Cuban Border Guard rammedand sank a private vessel, the "Olympia," which had fled Cubaand was about 25 nautical miles offshore. Three of the 21Cubans on board drowned, includingtwo six-year old children.Cuba's National Assembly approved a measure giving thegovernment broad authority to implement an economicadjustment program.The Cuban government issued a decree-law providing for theconfiscation of goods and assets obtained through illegalenrichment.The House Committee on Agriculture's Subcommitteeon Foreign Agriculture and Hunger held a hearing onthe agricultural implications of renewed trade withCuba. The hearing featured testimony by Members ofCongress and outside witnesses.A group o f about 200 U.S. citizens organized by theCommittee for Freedom to Travel arrived in Cuba. TheTreasury Depar tmen t's Office of Foreign AssetsControls had recently frozen the group's bank accountthat was to be used for the trip, but the groupmanagedto raise al ternative funds. (Subsequently, in October1994, the Treasury Department released the moneya ft er the group submit ted statements that the fundswere not controlled by Cuban interests and would notbe used for unlicensed travel to Cuba.)According to U.S. officials, approximately 40 Cubans(many of whom were children) drowned when thetugboat "Trece deMarzo" -- stolen by a group ofCubansattempting to flee Cuba -- sank after being rammed bya Cuban Border guard vessel. President Clinton latercondemned the sinking as "an example of Cuban


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(1994 cont.)

July 22

August 3

August 5

August 7

August 15

August 19

CRS-8

brutality." The Cuban governmentmaintained tha t thetugboat sinking occurred when a pursu ing Cubanvessel collided with the tugboat causing it to sink.Cuban officials blamed the incident on the UnitedStates for an immigration policy that encouragedCubans to leave the island illegally.The Senate approved an amendment to H.R. 4603 (theFY1995 State Department appropriations bill) whichexpressed the sense of the Senate condemning thesinking of the t ugboat by the Cuban government onJuly 13.Cuba's National Assembly approved a new tax law totake effect in 1995. The measure would initially begintaxing self-employed people, but would be extended tosalary earners when the nation's current economiccrisis was over.Castro threatened to unleash an exodus of Cubans i fthe United States continued to encourage Cubans toleave illegally. In response, U.S. officials reiteratedstatements that the United States would not allow areplay of the 1980 Mariel boatlift and stated thatCastro would not dictate U.S. immigration policy.Press reports indicated that several thousand Cubansrioted in a sea fron t Havana district and adjacentdowntown a rea a ft er Cuban security forces attemptedto prevent Cubans f rom hij acking boats to flee thecountry; 35 Cubans, including 10 policemen, were reportedlyinjured in clashes with police.More than a halfmillion Cubans gathered in Havana to showsupport for the Cuban government and to pay tribute to apoliceman killed in an attempted ferry hijacking onAugust 4.The Cuban government stopped preventing Cubans fromfleeing to the United Sta tes by boat. The change in Cubanpolicy led to a surge of migration to the United States, thelargest since the Mariel boatlift of 1980.With escalating numbers of Cubans fleeing to the UnitedStates, President Clinton abruptly changed U.S. migrationpolicy toward Cubans and announced that, instead ofwelcomingCubans fleeing their island nation, "illegal refugeesfrom Cuba" would not be allowed to enter the United States.Instead, the Coast Guard was directed to take refugees


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(1994 cont.)

August 20

August 22

August 24

August 25

August 25

August 27

September 1September 4

CRS-9

rescued at sea to the U.S. naval base at Guantanamo whilethe Administration explored the possibility of other "safehaven" nations in the Caribbean Basin region.President Clinton announced four measures against theCuban government. First, cash remittances to Cuba would nolonger be permitted. Previously, U.S. citizens could provide upto $300 quarterly to their relatives in Cuba. Second, charterflights between Havana and Miami would be restricted tothose designed "to accommodate legal migrants and travelconsistent with the purposes of the Cuban Democracy Act."Restrictions on t ravel to Cuba were tightened, prohibi tingfamily visits (except in cases of terminal illness or severemedical emergency) and requiring professional researchers toapply for a specific license, whereby in the pas t they couldtravel freely under a general license. Third, the United Stateswould use all appropriate means to increase and amplify itsbroadcasts to Cuba. Fourth, the United States wouldcontinue to bring before the U.N. and other internationalorganizations evidence of human rights abuses in Cuba.The first Cuban refugees interdicted at sea were brought tothe U.S. base at Guantanamo.Cuban officials announced that Cuba was ready to talk withthe United States about the migration crisis, but indicatedthat the United States must be willing to discuss the "truecauses" of the exodus, including the trade embargo.President Clinton offered a resumption of talks on the issueof immigration, but stated he had no interest in expandingthe talks into a broad discussion of issues between the twocountries.The Senate Committee on Armed Services held a hearing onthe escalating numbers ofCubans fleeing Cuba for the UnitedStates. The hearing featured testimony by the Department ofDefense and the Department of State.The Clinton Administration announced that it wouldparticipate in limited talks with Cuba dealing with "issuesrelated to the promotion of legal, orderly and safe migration."U.S.-Cuban talks on migration issues began in NewYork.Panama agreed to accept up to 10,000 Cubans to be housed onU.S. military bases for not more than six months.


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CRS-10(1994 cont.)September 9 The United States and Cuba signed a migration agreement

that stemmed the flow of Cubans fleeing to the United Statesby boat. Under the agreement, the Uni ted S tates and Cubawould facilitate safe, legal, and orderly Cuban migration tothe United States, consistent with a 1984 U.S.-Cubamigration agreement. The United Sta tes agreed to ensurethat total legal Cuban migration to the United States wouldbe a minimum of 20,000 each year, no t including immediaterelatives of U.S. citizens. The United States agreed todiscontinue the practice of granting parole to all Cubanmigrants who reach the United States (consistent with theAdministration's August 19, 1994 policy change), while Cubaagreed to take measures to prevent unsafe departures fromCuba.

September 17 Cuba announced that all farmers would be allowed to sell partof their produce on the open market.October 5 The Senate Judiciary Committee's Subcommittee on the

Constitution held a hearing on the constitutional right tointernational travel featuring tes timony by a Member ofCongress and outside witnesses.

October 12 The U.S. State Department announced it would hold a visalottery for about 6,000 Cubans pursuant to the migrationaccord of September 9, 1994.

October 24-26 Cuban and U.S. officials held talks in Havana to review theimplementation of the September 9, 1994 agreement onimmigration issues. Dennis Hays, Director of the StateDepartment's Office of Cuban Mfairs, headed the U.S.delegation, while Ricardo Alarcon, President of the NationalAssembly of People's Power, headed the Cuban delegation.

October 26 For the third consecutive year, the U.N. General Assemblyapproved a resolution on th e need for the United States to lifti ts embargo on Cuba. The vote was 101 to 2, with 48abstentions. Israel joined the United States in voting againstthe resolution.

November 25 Direct dial long distance service between the United Statesand Cuba began. Companies offering the telephone serviceswere AT&T, IDB Worldcom, LDDS Communications, MCI,Sprint, and Wil-Tel.

December 7-8 Over 200 U.S. military personnel were injured in riots bymore than 1,000 Cuban refugees at U.S. camps in Panama.


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CRS-ll(1994 cont.)

The Cubans were protesting their prolonged detention amidcontinuing uncertainty regarding their final destination.December 13

1995

The U.N. General Assembly approved a resolution (by a voteof 65 to 23 with 70 abstentions) calling on Cuba to end allviolations of human rights and to cooperate with the U.N.Special Rapporteur on Cuba.

January 18-19 U.S. and Cuban delegations met in New York for a secondround of talks reviewing the 1994 migration accord. The U.S.delegation, headed by State Department official Dennis Hays,announced that 20,000 visas would be issued by September.

January 25 The House International Relations Committee'sSubcommittee on the Western Hemisphere held hearings onthe sinking of the "March 13th Tugboat." (See entry for July13,1994.)

February 1 Since the agreement to house Cubans on U.S. bases inPanama was scheduled to expire March 6, 1995, and Panamaindicated that it would not be renewed, the Department ofDefense began to t ransfer the Cubans in Panama back toGuantanamo. The transfer, dubbed "Operation Safe Passage,"was completed by late February 1995.

February 9 Senator Jesse Helms introduced S. 381, the Cuban Libertyand Democratic Solidarity (Libertad) Act, a comprehensiveinitiative designed to: strengthen international sanctionsagainst the Castro government in Cuba; develop a plan tosupport a transition government leading to a democraticallyelected government in Cuba; and protect American propertyrights abroad.

February 14 In the House, Representative Dan Burton introduced, H.R.927, the House version of the Cuban Liberty and DemocraticSolidarity (Libertad) Act.February 23 The House International Relations Committee'sSubcommittee on the Western Hemisphere held a hearing onCuba and U.S. policy, featuring a Member of Congress andoutside witnesses.March 7 The U.N. Commission on Human Rights approved aresolution (by a vote of 23 to 8 with 23 abstentions) calling

upon Cuba to end all violations of human rights, includingpermitting freedom of peaceful expression and assembly and


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March 16

March 22

March 25

April 5

April 17-18

April 21

April 27

CRS-12

ending immediately th e detention an d imprisonment ofhuman rights defenders. Th e resolution also extended th emandate of the U.N. Special Rapporteur for one year an dcalled upon Cuba to permit th e Special Rapporteur th eopportunity to carry ou t his mandate in full by allowing hi mto visit Cuba.The House International Relations C omm ittee'sSubcommittee on th e Western Hemisphere held a hearing onth e Cuban Liberty an d Democratic Solidarity Act an d on th eU.S. embargo on Cuba, featuring testimony by Members ofCongress, th e Administration, an d outside witnesses.Th e House International Relations Committee'sSubcommittee on th e Western Hemisphere marked up H.R.927, th e Cuban Liberty an d Democratic Solidarity Act an dreported th e bill to th e full committee.Cuba signed th e Tlatelolco Treaty, a Latin American regionalnuclear non-proliferation regime.The European Union issued a statement protesting th eproposed Cuban Liberty an d Democratic Solidarity Act,stating that its provisions would violate international law an dth e rules o f t he World Trade Organization.U.S. and C uban delegations, headed by State Departmentofficial Dennis Hays a nd C ub an official Ricardo Alarcon, me tin New York for a third round of talks reviewing th eSeptember 1994 migration agreement. Hays noted that th eSeptember 1994 agreement was working an d that both sidesexpressed commitment to maintain it.Cuban dissident an d human r ights activist FranciscoChaviano was sentenced to 15 years in prison for falsifyingdocuments to help people obtain visas to th e United States. Inan April 24, 1995, statement, th e U.S. St at e D epart mentcalled on th e Cuban Government either to dismiss th e chargesagainst Mr. Chaviano an d release him or to present thecharges in open court in accordance with internationallyrecognized standards of jurisprudence. These includedrepresentation by a lawyer of his own choosing, access to theevidence against him, an d th e capability to presentexculpatory evidence an d witnesses in his own defense.Canada an d Mexico agreed to work together to oppose th epassage of U.S. legislation to impose sanctions on countriesthat t ra de w it h Cuba.


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(1995 cont.)May 2

May 18

May 22

May 23

May 25

CRS-13

The United States and Cuba reached a new migration accordthat would build upon the September 1994 U.S.-Cubanmigration agreement. Under the new accord (which wasnegotiated outside of the regular rounds of talks reviewingthe September accord), the United States would parole thoseCubans housed at Guantanamo into the United States, butwould intercept future Cuban migrants attempting to enterthe United States by sea and would return them to Cuba.Cuba and the United States would cooperate jointly in theeffort, and according to the Administration, "migrants takento Cuba will be informed by United States officials aboutprocedures to apply for legal admission to the United Statesat the U.S. Interests Section in Havana." Both countries alsopledged to ensure that no action would be taken against thosemigrants returned to Cuba as a consequence of their attemptto emigrate illegally.The House International Relations Committee' sSubcommittee on the Western Hemisphere held a hearing onthe Clinton Administration's change in U.S. immigrationpolicy toward Cuba, featuring Administration and outsidewitnesses.The Senate Foreign Relations Committee's Subcommittee onWestern Hemisphere and Peace Corps Affairs held a hearingon the Cuban Liberty and Democratic Solidarity Act thatfeatured testimony by Members of Congress and theAdministration.A French human rights group, France-Libertes (which visitedCubabetweenApril 28 and May 5, 1995, interviewingpoliticalprisoners held in eight prisons) announced that Cuba wouldrelease six political prisoners, including two prominentdissidents. Those released by late May 1995 were: SebastianArcos Bergnes and Yndamiro Restano, both sentenced in1992; Augustin Figueredo; Pedro Antonio Castillo Ferrer;Ismael Salvia Ricardo; and Luis Enrique Gonzalez Ogra. Aseventh prisoner, Omar del Pozo Marrero, was to behospitalized, bu t not released.Pastor Orson Vila Santoyo, a Pentecostal minister inCamagaey province who refused to refrain from holdingreligious services in his home, was arrested, charged with"illicit association," and tried and sentenced on the same day.Human Rights Watch Americas also noted that scores of"casas culto," or evangelical meeting places operating out ofhomes, were closed by Cuban authorities in late May 1995,indicating that the Cuban government was worried by the


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(1995 cont.)

June 7

June 8

June 13

June 14

June 14

June 14

June 26

CRS-14

increasingpopularity of evangelical Christianity. (see entry ofApril 22, 1996 for Santoyo's release).A Cuban nuclear energy official, Miguel Serradet Acosta,stated that an international team was expected to recommendthat construction be renewed on the Juragua nuclear plant.U.S. officials stated that Cuban authorities arrested RobertVesco, a U.S. fugitive who fled the United States more than20 years ago to escape fraud charges.The Cuban government added 19 newjob categories to the listof some 130 self-employment occupations that have beenlegalized since September 1993.

The Cuban government legalized the operation of private foodcatering, including the operation of home restaurants or"paladares" that already had sprung up in cities across Cuba.The new regulations reportedly include large monthlylicensing fees that could force some operations out ofbusiness.The Senate Foreign Relations Committee's Subcommittee onWestern Hemisphere and Peace Corps Affairs held a secondhearing on the Cuban Liberty and Democratic Solidarity Actthat featured testimony by Members ofCongress and outsidewitnesses.Eloy Gutierrez Menoyo, an opponent of the Cubangovernment who spent 22 years in prison and now leads amoderate Cuban American organization known as CambioCubano, visited Cuba on a ten-day trip and met with FidelCastro.As reported in the Federal Register, the U.S. TreasuryDepartment, effective June 21, 1995, designated four jointventure companies owned by Sherritt Inc. (a Canadianminingcompany) and the government of Cuba as SpeciallyDesignated Nationals of Cuba. The four companies were:Cobalt Refinery Co. Inc. and International Cobalt Co. Inc.,both of Alberta, Canada; and General Nickel S.A. and MoaNickel S.A., both of Cuba. The action meant that thecompanies' products would be barred from sale in the UnitedStates, and that U.S. firms would be prohibited from engagingin transactions with these companies unless specially licensedby the Treasury Department. (Some 463 companiesworldwidewere already listed as Specially Designated Nationals ofCuba,including 7 others in Canada that were already on the list)


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(1995 cont.)

June 30

July 11

July 11

July 9

July 13

July 17-18

August 1

CRS-15

The House Committee onWays andMeans' Subcommittee onTrade held a hearing on "The Economic Relationship betweenthe United States and Cuba after Castro," which featuredtestimony by Members of Congress, the Administration, andoutside witnesses.Twenty-five Members of Congress asked Secretary of StateChristopher to deny a visa to Fidel Castro, who reportedlyplanned to attend ceremonies in New York for the 50thanniversary of the U.N. in October.The House International Relations Committee approved, bya vote of 28-9, H.R. 927, its version ofthe Cuban Liberty andDemocratic Solidarity Act.Cuba held elections for over 14,000 seats in 169 municipalassemblies. About 97% of eligible voters participated,although estimates of opposition (as demonstrated byabstention and blank or spoiled ballots) ranged from 14% bythe Cuban government to 25% by opposition sources.According to press reports, a Cuban Border Guard vesselrammed at least one boat in a flotilla of boats carryingCubanAmericans attempting to enter Cuban terri torial waters toprotest the Cuban government's sinking of a tugboat on July13, 1994. In addition to the boats, six small aircraft enteredCuban airspace. The Cuban government condemned theincursion, and maintained that it did not ram the boat, butsimply maneuvered to keep it from entering Cuban waters.The U.S. State Department noted that the United Statesdeeply regretted the incident, although it did reiterate thatwhen Americans enter the airspace or territorial waters ofanother country, they are subject to the rules and laws of thatcountry.U.S. and Cuban officials held a fourth round of talks inHavana reviewing implementation of the U.S.-Cubanmigration agreements. The U.S. delegation, headed by AnnePatterson, Deputy Assistant Secretary of S tate for InterAmerican Affairs, raised the issue of the high hard-currencyfees of $950, including airfare, being charged by the Cubangovernment to Cubans wishing to migrate legally to theUnited States. Subsequently in August 1995, the Cubangovernment lowered the fees to $850.The House International Relations Committee'sSubcommittee on the Western Hemisphere held a hearing on


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(1995 cont.)

September 2

September 5

September 9

September 21

October 6

October 18

CRS-16

the yet to be finished Juragua nuclear plant near Cienfuegosin Cuba. The hearing featured testimony by a Member ofCongress, the Administration, the GeneralAccountingOffice,and outside witnesses.One small boat sank (with one rescued man dying from aheart attack) and two dozen others were forced backby roughseas as a flotilla of Cuban Americans attempted to sail toCuba's territorial waters to protest Castro's rule.Cuba's National Assembly of Peoples Power approved a newforeign investment law which allows fully owned investmentsin Cuba by foreigners in all sectors of the economy, with theexception of defense, health, and education. The new lawallows Cubans living abroad to invest in Cuba, although thisprovision had been criticized during debate because itdiscriminates against Cubans living in Cuba who cannotinvest.Cuba announced that its citizens would be able to opensavings accounts in hard currency or Cuban convertiblecurrency at the National Bank of Cuba and the PopularSavings Bank.The House approved H.R. 927, its version of the CubanLiberty and Democratic Solidarity Act, by a vote of 294 to130. As approved by the House, some of the bill's sanctionswere softened and a third-country sugar sanction was deletedaltogether. The bill retained a number of provisions designedto increase pressure on Cuba, including a proper ty rightsprovision allowing U.S. nationals to sue in U.S. Federal courtanyone that traffics in property confiscated in Cuba.President Clinton announced measures to ease some U.S.restrictions on travel and other activities with Cuba, with theoverall objective of promoting democracy and the free flow ofideas. The new measures included: authorizing U.S. newsmedia to open news bureaus in Cuba; licensing U.S.nongovernmental organizations to provide assistance toCuban nongovernmental organizations; and authorizinggeneral licenses for transactions relating to travel to Cuba forCuban Americans to visit close relatives once a year inhumanitarian cases. At the same time, the President statedthat his Administration would tighten the enforcement oftheembargo to sustain pressure for reform.The State Department announced that it would grant Castroa visa to attend the United Nations 50th anniversary


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CRS-17(1995 cont.)

celebration. The visa was granted in accordance with rulesgoverning the U.S. role as hos t of the U.N. headquarters inNew York.October 19 The Senate approved its version of H.R. 927, the CubanLiberty and Democratic Solidarity Act, by a vote of 74-24.After two unsuccessful attempts to invoke cloture on themeasure (on October 12 and October 18), Senator Helmsagreed to delete Title III of the bill, the property rightsprovision that would allow U.S. nationals to sue in U.S.Federal court those persons who traffic in propertyconfiscated in Cuba. The agreement to drop Tit le III led to aunanimous vote to invoke cloture, and led to Senate approval

ofH.R.927.

October 21 Cuba authorized the establishment of currency exchangehouses run by a new entity called Casas de Cambio S.A.(CADECO). The exchange houses began by buying dollars ata rate to 25 pesos to one dollar.October 21-25 President Castro arrived on a five-day visit to New York toparticipate in the U.N.'s 50th anniversary activities. Headdressed the United Nations General Assembly on October22, and, in a reference to the U.S. embargo of Cuba,condemned "ruthless blockades that cause the death ofmen,women and children, youths and elders, like noiseless atombombs." Among his other activities, Castro also was warmly

welcomed at the Abyssinian Baptist Church in Harlem wherehe addressed a crowd of supporters; and met with journalists,media executives, and business leaders.October 23 The New York-based Committee to Protect Journalists (CPJ)noted that Cuban government surveillance and harassment

had increased against three independent journalist groups(The Bureau of Independent Press in Cuba; Habana Press;and Cuba Press) as the groups have gained importanceabroad.

November 2 The U.N. General Assembly, for the fourth consecutive year,approved a resolution on the need of the United States to l ifti ts embargo on Cuba. The resolution was approved by a voteof 117 to 3, with 38 abstentions. Israel and Uzbekistan joinedwith the United States in opposing the resolution.

November 3-6 The Cuban government held a second conference on Cuba andemigration with the participation of Cuban exiles, includingCuban Americans.


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(1995 cont.)November 22

November 27

November27-28

December 22

CRS-18

Sherritt, Inc., a Canadianminingcompanywithjoint ventureswith Cuba, announced that it would create a separate publiccompany, Sherritt International Corp., to hold its Cubanassets. (See June 26, 1995 entry for more on Sherritt. )A new umbrella dissident organization of about 100 groupsknown as the Concilio Cubano (formed in October 1995)issued an official declaration of four goals: 1) to work towardan absolutely peaceful transition toward a democratic, lawabiding state that has no place for violence, hatred or revenge;2) unconditional amnesty for political prisoners; 3) changes inthe judicial system to guarantee respect for human rights; and4) the participation of all Cubans, without exclusion, in thepeaceful transition.Cuban and U.S. officials met in New York for a fifth roundof talks to review the implementation of the bilateralmigration accords. The United States urged Cuba to cut the$850 fees (including airfare) imposed on emigrants to theUnited States . No agreement on the fee was reached.The U.N. General Assembly approved a resolution (by a voteof 66 to 22, with 78 abstentions) again calling on Cuba tocooperate fully with the U.N. Special Rapporteur, regrettingprofoundly the numerous violations of human rights andfundamental freedoms in Cuba, and urging Cuba to ensurefreedom of expression and assembly, and the freedom todemonstrate peacefully.


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CRS-19

1996January 1 Cuba began implementation of an income tax on hardcurrency income, with tax rates ranging from 10 to 50percent.January 14 Four independent Cuban journal is ts were detained andquestioned by Cuban authorities after a Miami-based exilegroup flew over Havana and dropped leaflets on January 13,1996, calling on Cubans to exercise their political rights andengage in peaceful civil resistance. The detent ions weredenounced by the Inter-American Press Association and a

French press rights group known as Reporters WithoutFrontiers.January 16-19 RepresentativeJosephMoakley visitedCubawith a delegation

of businessmen, humanitarian aid specialists, and religiousleaders. The group met a group of dissidents includinghuman rights activists Gustavo Arcos and Elizardo Sanchez.January 17-20 In a trip to Cuba, Representative Bill Richardson met withdissident leaders and top Cuban officials, including PresidentCastro. As a result of Richardson's trip, the Cubangovernment agreed to reduce the price of exit documents,from $600 to $300 (not including about $250 in airfare) for1,000 cases ofCubans emigrating legally to the United States.Moreover, the Cuban government reportedly agreed to cut thecosts in each future year for 1,000 emigrants who can show

financial hardship.January 31 The U.S. Department of Defense announced that the l ast ofsome 32,000 Cubans intercepted at sea and housed at

Guantanamo had left the U.S. Naval Base.February 10 The Cuban government released three political prisoners afterRepresentative Bill Richardson secured their release after ameeting with President Castro a day earlier. The United

States welcomed the release of the prisoners and called onCuba to release all political detainees.February 15 The Cuban government began a crackdown on members of theConcilio Cubano, an umbrella dissident organization that hadapplied for permission to hold a national meeting on February24, 1996 (see November 27, 1995 entry on the Concilio). Thecrackdown included arrests (with two members sentenced tolong prison terms), harassment, and intimidation. The U.S.

Department of State criticized the crackdown on the ConcilioCubano on February 21 and noted in a statement that "thiswave of repression dramatically demonstrates the Castro


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(1996 cont.)

February 24

February 25

February 26

CRS-20

regime's unwillingness to engage in a process of politicalreform and its determination to maintain absolute controlover Cuban society."Cuban Mig-29 fighter jets shot down two U.S. privateairplanes, Cessna 337s, in the Florida Straits flown bymembers of the Cuban American group, Brothers to theRescue. Four crew members were killed in the attack. U.S.officials asserted the incident occurred over internationalwaters. U.S. Secretary ofStateWarren Christopher called theattack on civilian planes a blatant violation of internationallaw. President Clinton immediately condemned the Cubanaction and ordered F-16 fighter jets to the site ofthe shootingto protect Coast Guard rescue teams searching for survivors.

Cuban officials asserted that the two U.S. planes were shotdown inside Cuban airspace, between 5 and 8 miles of theCuban coast. They asserted that the pilots flying the planeshad been warned by air controllers of the risk they wereputting themselves in, and were justifiably shot down.President Clinton condemned the downing of the two U.S.aircraft as a "flagrant violation of international law." Heannounced that the United States was pressing the SecurityCouncil to impose sanctions against Cuba until it respectedcivilian aircraft and compensated the families of the victims.In addition, the President announced the following unilateralmeasures: he asked Congress to pass legislation permittingimmediate compensation for victims' families from blockedCuban accounts in this country; he pledged to work withCongress to secure passage of the Helms-Burton bill (H.R.927, the Cuban Liberty and Democratic Solidary Act); hepromised to expand Radio Marti broadcasting; he imposedadditional travel restr ictions on Cuban diplomats in theUnited States and limited visits by Cuban officials; and hesuspended all charter flights to Cuba indefinitely. ThePresident also stated that he would no t rule out anyadditional steps in the future if required.In Cuba, Ricardo Alarcon, the President of Cuba's legislativebody, blamed the United States for the shooting incident,asserting that the United States allowed Cuban exile groupsto run rampant. Cuban state television broadcast aninterview with a former Brothers to the Rescue pilot, JuanPablo Roque, who maintained that the group planned tosmuggle arms into Cuba to assassinate Cuban leaders. Roque,who mysteriously returned to Cuba before the downing of theCessnas, was a former Cuban air force Mig fighter pilot who


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(1996 cont.)

February 27

February 28

CRS-21

defected from Cuba in 1992. Roque denied accusations thathe was a Cuban agent who infil trated th e Brothers to th eRescue an d asserted that he returned to Cuba because he wasdisillusioned with people who claim they love Cuba, b ut t he ntr y to attack it. (On February 28, th e Federal Bu rea u o fInvestigation sated that Roque worked as an informant forover 2 years for information about Cuban American groupsthat might be violating U.S. law in th ei r activities againstCuba.)Th e U.N. Security Council approved a statement stronglydeploring Cuba's actions in shooting down th e U.S. civilianairplanes. The statement noted that international lawrequires that states must refrain from th e use of weaponsagainst civil aircraft in flight an d m us t n o t endanger th e livesof persons on board an d th e safety of aircraft. I t alsorequested th e International Civil Aviation Organization(ICAO) to investigate th e incident an d reports its findings toth e Security Council as soon as possible. Cuba opposed th eSecurity Council's action a nd Cu ba n Foreign Minister RobertRobaina claimed that th e Security Council action was takenbefore he was able to arrive in New York to speak to th eSecurity Council.The Clinton Administration provided transcripts of radioconversations in which th e Cuban Mig pilots joked whilefiring at th e two Cessnas.A House-Senate conference committee approved H.R. 927, th eCuban Liberty an d Democratic Solidarity Act, after reachinga compromise with th e Clinton Administration on a propertyrights provision in the bill. The provision would provide arig ht o f action for U.S. citizens to file suit in U.S. Federalcourts against those involved in th e "trafficking" ofexpropriated property in Cuba. The conference accepted achange that would allow th e President to delayimplementation of t he provision for six month periods on th egrounds of national interest an d expediting a t ransi ti on t odemocracy in Cuba. TheAdministration also conceded groundon two provisions, one that would make mandatory a ba n onentry to th e United States of aliens involved i n t he traffickingof expropriated U.S. property abroad an d a second that wouldcodify th e existing economic embargo of Cuba, including th eTreasury Department's Cuban Assets Control Regulations(under part 515 of title 31, Code of Federal Regulations). Nopresidential waiver would be provided for an y codifiedembargo provision. Cuban Foreign Minister Robert Robainaagain stated that Cuba was justified in shooting down th e


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(1996 cont.)

February 29

March 1

March 2

March 5

CRS-22

two U.S. civilian planes. Instead of presenting its side to theU.N. Security Council, Robaina stated that Cubawould conferwith representatives ofthe nO-nationNon-AlignedMovementabout the possibility of calling a special meeting of the U.N.General Assembly to hear Cuba's side of the dispute.The Clinton Administration announced that the Presidentwould issue orders making clear that the unauthorized entryby U.S. aircraft and vessels into Cuban territory is prohibitedand that firm legal action will face those who violate thisprohibition. The President also approved a strong warning tothe Cuban government not to violate basic norms ofinternational conduct, and that the United States will nottolerate the loss ofAmerican lives. The President took theseactions in light of a planned a ceremony by Cuban Americanson March 2, 1996, commemorating the four civilians killednear the site where the two planes were shot down. TheCuban government stated that it would take whatevermeasures it needs to prevent a violation of its territory, buta Cuban spokesman noted that there should be no problemsif the participants remain in international waters.In testimony before the House International RelationsCommittee, State Department official Peter Tarnoff statedthat the two Cessnas that were shot down when they were 5and 16 naut ical miles respectively from Cuba's 12-mileterritorial waters.President Clinton declared a national emergency andauthorized and directed the Secretary of Transportation tomake an issue rules and regulations to prevent unauthorizedU.S. vessels from entering Cuban territorial waters.The conference report (House Report 104-368) to H.R. 927,the Cuban Liberty and Democratic SolidarityAct, was filed inthe House.Escorted by the U.S. Coast Guard, a Cuban-American flotillaattempted to sail to the place where the four civilian airmenwere shot down by Cuban fighters. Because of rough seas, abrief memorial service was held 26 miles from where it hadoriginally been scheduled. In the evening, a memorial servicewas held for the downed pilots in the Orange Bowl in Miami.An estimated 50,000 were in attendance.The Senate approved the conference report to H.R. 927, theCuban Liberty and Democratic Solidary Act, by a 74-22 vote.


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(1996 cont.)

March 6

March 8

CRS-23

The European Union condemned the Helms-Burton bill. 'Wecondemn in the strongest possible terms specific provisions ofthe bill which run the risk of putting non-Americancompanies investing in Cuba on the wrong side of Americanjustice," a European Commission spokesman stated.The governments of Canada and the 14-member CaribbeanCommunity (CARICOM) expressed their objection to theSenate approval of the Helms-Burton bill in ajoint statementwhich expressed their "strongest objection to theextraterritorial provisions" that were "inconsistentwith.. .internationallaw..."The House approved the conference report to H.R. 927, theCuban Liberty and Democratic Solidarity Act, by a vote of336-86.TheMexicanForeignMinistry issued a statement condemningthe Helms-Burton bill. The Ministry promised to challengeseveral provisions of the bill under the North American FreeTrade Agreement (NAFTA).In speakingbefore the U.N. General Assembly, Cuban ForeignMinister Roberto Robaina claimed that the February 24thincident was the direct result of the failure of the UnitedStates to control the repeated violations of Cuban airspace byBrothers to the Rescue, which he called a "terrorist"organization. U.S. Ambassador to the U.N., MadeleineAlbright, replied that Cuba, in its diplomatic exchanges withthe United States, had never alleged that Brothers to theRescue was a terrorist organization or that it had plannedterrorist violence. She stated that Cuba violated internationallaw by using weapons against civilian aircraft, and that theUnited Sta tes could no t allow the Cuban government to"transfer blame" to the victims.In Montreal, the International Civil Aviation Organization(ICAO) unanimously adopted a resolution "stronglydeploring"the February 24th incident and ordered an investigation to becompletedwithin 60 days. Earlier in the day, RicardoAlarcon,President ofthe Cuban NationalAssembly and delegate to theICAO meeting, stated that Cuba could suspend the access ofU.S. airlines to Cuban airspace in response to what is seen as"repeated violations of Cuban territory and sovereignty."The 14-member Rio Group of Latin American nationscondemned the Helms-Burton bill. According to an ArgentineForeign Ministry statement, the Rio Group expressed their


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(1996 cant.)

March 12March 23

April 22

April 23

May 05

May 28

CRS-24

most "energetic rejection towards the approval of thislegislation that violates the principles and norms ofinternational law."President Clinton signed the Cuban Liberty and DemocraticSolidarity Act, H.R. 927, into law (P.L. 104-114).The Cuban Communist Party's Central Committee approveda report presented byArmyhead Raul Castro that signaled anideological crackdown on reformers in Cuba. The reportwarned against "so-called nongovernmental organizations" inCuba that serve as "a Tro jan horse to foment division andsubversion." The report singled out Cuba's Center for theStudy of the Americas for criticism.The European Union issued a statement in which theyexpressed "deep concern" over the effects that theHelms/Burton legislation could have on transatlantic trade.The EU stated that the law ".. .is contrary to international lawand to the interest of the EU concerning trade andinvestment."Amnesty International reported that Pentecostal ministerOrson Vila Santoyo was conditionally released from prison(see entry ofMay 25, 1995 for Santoyo's arrest).The U.N. Commission on Human Rights approved aresolut ion (by a vote of 20 to 5, with 28 abstentions) callingon Cuba to bring i ts observance of human rights andfundamental freedoms into conformitywith international law,and to end all violations of human rights. The resolution,which deplored the detention and harassment of members ofConcilio Cubano, again called on Cuba to permit the SpecialRapporteur to visit Cuba.The EU requested formal talks with the US over the HelmsBurton law, on the grounds that the law could possibly violateWorld Trade rules.The Rio Group of Latin American and Caribbean countriesformed a special commission to analyze the Helms-BurtonAct.In implementing Title IV of the Cuban Liberty andDemocratic Solidarity Act (P.L. 104-114), the StateDepartment began out advisory letters to foreign companiesthought to be trafficking in U.S. properties confiscated inCuba. Three companies received letters: SherrittInternational, a Canadian mining company; Grupos Domos, a


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(1996 cont.)

June 4

June 6

June 14

June 27

July 7

July 10

CRS-25

Mexican telecommunications company; and STET, an Italiantelecommunications company. The letters advised thecompanies that they mall fall under the Cuban Liberty andDemocratic SolidarityAct's provision that denies U.S. visas tothose aliens and trafficking in U.S. properties confiscated inCuba.The OAS adopted a resolution denouncing the HelmslBurtonlegislation on Cuba, and ordered the Inter-American JuridicalCommittee to examine the legislation and to reach aconclusion as to whether it is valid under international law.The resolution criticized the law for "extra-territorial effectsthat damage other countries' sovereignty...and affect freedomof trade and investment."Cuba's Foreign Investment Minister announced that thegovernment planned to create free trade zones and industrialparks on the island in order to encourage foreign investment.The StateDepartment completed writing guidelines to enforceTitle IV of the Cuban Liberty and Democratic Solidarity Actdealing with the denial of visas to aliens trafficking in U.S.property confiscated by the Cuban government. Theguidelines stipulated that the admission sanction would notapply to persons solely having business dealings with thoseexcludable under the title's provisions.The International CivilAviationOrganization (ICAO) releasedits report on the investigation into the February 1996downing of the two civilian planes which concluded that thetwo Cessnas had been flying in international waters. TheICAO's Council also adopted a resolution condemning "the useof weapons against civil aircraft as being incompatible withthe elementary considerations of humanity and the rules ofinternational law."Cuban military officer, Lt. Colonel Jose Fernandez Pupohijacked a commercial flight originating in Santiago de Cuba,and forced the plane to land at the U.S. Navy base atGuantanamo Bay, Cuba, where he requested political asylum.President of the Cuban National Assembly, Ricardo Alarcon,calls for the hijacker to be returned to Cuba, citing U.N.international hijacking agreements and the May 1995 U.S.Cuba migration accord.In implementing Title IV of the Cuban Liberty andDemocratic Solidarity Act (P.L. 104-114), the StateDepartment sent out letter to nine major shareholders and


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(1996 cont.)

July 16

July 26

July 30

August 16

August 19

CRS-26

senior executives of Sherritt International, a Canadianminingcompany, stating that they would be excluded from admissionto the United States, effective in 45 days (also see entry forMay 28, 1996).As provided for in the Cuban Liberty and DemocraticSolidarity Act (P.L. 104-114), President Clinton announcedthat he would allow Title III of the law to go into force onAugust 1, 1996, but at the same time he announced that hewas suspending for a six-month period (until February 1,1997) the r ight of individuals to file suit against those personstrafficking in U.S. property confiscated in Cuba.In a followup to the ICAD's June 27 report on Cuba'sdowning of two civilian aircraft, the U.N. Security Counciladopted a resolution (with 13 votes and two abstentions)condemning Cuba's action and reaffirming the principle thatshooting down civilian planes violates international law.The Senate Foreign Relations Committee's Subcommittee onWestern Hemisphere and Peace Corps Affairs held a hearingon the implementation of the Cuban Liberty and DemocraticSolidarity Act and its consistency with international law.President Clinton announced that he had appointed StuartEizenstat, Department of Commerce Undersecretary forInternational Trade, as a special envoy to engage U.S. alliesover the next six months on concrete measures to advancedemocracy in Cuba.A plane hijacked by three Cuban men outside of Havanacrashed into the Gulf ofMexico, 30 miles off the southwestFlorida coast. The three Cubans requested political asylumwhile the pilot requested to return to Cuba.The State Department announced in a written statement thatin the previous week Cuba had revoked the visa of a U.S.diplomat Robin Meyer, who was the human rights officer forthe U.S. Interests Section in Havana. Meyer had closecontacts with Cuban dissidents and human rights activists,and Cuba accused her of giving advice and support to theCuban dissidents, including the distribution of antigovernment literature. In response to Cuba 's action, theClinton Administration expelled a Cuban diplomat inWashington, Jose Luis Ponce.In implementing Title N of the Cuban Liberty andDemocratic Solidarity Act (P.L. 104-114), the State


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31/33

(1996 cont.)

November 7

November 11

November 12

November 19

November 20

December 2

CRS-28

law sanctioning U.S. companies for investing in Iran an dLibya.Cuba announced that it ha d approved th e establishment of aCable News Network (CNN) b u re au i n Havana, which wouldbe th e first U.S. news b ur ea u t he re in over 30 years. TheClintonAdministration stated that it would study th e requestto see if it conforms to U.S. regulations regarding contactwith Cuba.The Canadian Senate approved legislation blockingjudgements from th e Helms/Burton legislation on Cuba frombeing recognized in Canada. The legislation also permitsCanadians to recover in Canadian courts an y amountsawarded under th e Helms/Burton legislation.At the sixth annual Thero-American summit, th e leaders ofLatin America, Spain, a nd Po rtu gal issued a statementcriticizing th e Helms/Burton legislation on Cuba which theysaid "ignores th e fundamental principle of respect for th esovereignty of states." In the same statement, th e leadersasserted that "Freedom of expression, association an dassembly, full access to information, an d free, periodic an dtransparent elections are essential elements of democracy."Fidel Castro signed th e statement, although there ha d beenmuch speculation that he would not.Th e U.N. General Assembly for th e fifth consecutive yearapproved a resolution criticizing th e U.S. embargo of Cuba.The resolution was approved by th e largest margin so far, 138to 3, with 28 abstentions.Fidel Castro m et w it h Pope John Paul II in Rome. The popeaccepted an invitation to visit Cuba sometime in 1997,although th e trip was subsequently postponed until January1998 because of scheduling problems.EU members agreed to create a dispute settlement panel inth e World Trade Organization to examine t he t hi rd countryprovisions of the Cuban Liberty an d Democratic SolidarityAct.The European Union adopted a resolution setting forth acommon policy on Cuba. Th e resolution stated that th eobjective ofEU relations with Cuba "is to encourage a processof transition to pluralist democracy an d respect for humanrights an d fundamental freedoms, as well as sustainablerecovering an d improvement in the living standards of th e


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CRS-29(1996 cont.)

Cuban people." I t also stipulated that full EU economiccooperation with Cuba "will depend upon improvements inhuman rights and political freedom.."

December 4-6 In Havana, Cuba and the United States held its sixth roundof migration talks to review the implementation of thebilateral migration accords. JohnHamilton,DeputyAssistantSecretary of State for Inter-American Affairs, led the U.S.delegation, while CubanNational AssemblyPresident RicardoAlarc6n headed the Cuban delegation. The Cuban delegationcalled for the return of four hijackers from two incidents inthe summer of 1996 for prosecution in Cuba; all four facecriminal trials in U.S. courts. The Cuban delegation alsoraised the issue of dozens of Cubans who have not beenreturned to Cuba since the May 1995 migration accord. TheU.S. delegation raised the issue of excessively high feescharged by Cuban authorities for medical exams anddocuments for those Cuban legally migrating to the UnitedStates. Another issue discussed was Cuba's acceptance of socalled "excludables," those Cuban convicted of criminal actseither prior to arriving in the United States or while living inthe United States.

December5-10 Representatives Xavier Becerra and Esteban Torres traveledto Cuba on a factfinding mission.December 6 In the aftermath of the U.S.-Cuban migration talks, some

confusion occurred when press reports indicated that theUnited States would return to Cuba those Cubans whomanage to arrive illegally in the United States. In response,a State Department spokesmen issued the following statementon Dec. 6, 1996: "Any Cuban who is determined to be arefugee or found to have a valid claim to asylum in the UnitedStates will not be returned to Cuba. The United StatesGovernment is not contemplating repatriation of individualswho are already established within our borders."

December9-14 Representatives Toby Roth and Jon Christensen traveled toCuba with four former members ofCongress on a factfindingmission sponsoredby the U.S. AssociationofFormerMembersof Congress.

December 12 The U.S. Attorney's Office in Miami announced that theCuban government handed over to U.S. authorities more thansix tons of cocaine seized from a Colombian freighter thatdrifted into Cuban waters in October.


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(1996 cont.)

December 14

December 24

CRS-30

The U.N. General Assembly approved a resolution (by a voteof 62 to 25, with 84 abstentions) again call ing on Cuba tocooperate fully with the U.N. Special Rapporteur, urgingCuba to ensure freedom of expression and assembly and thefreedom to demonstrate peacefully, and calling on Cuba torelease the numerous persons detained for political activities.In a EU summit meeting in Dublin, the EU maintained thatit would lend its suppor t to progress towards democracy,including the possible negotiation of an economic cooperationagreement. The EU noted, however, that any cooperationagreement would contain a suspension clause in the event ofa serious broach in human rights in Cuba.In implementing Title IV of the Cuban Liberty andDemocratic Solidarity Act (P.L. 104-114), the StateDepartment sent ou t advisory letters to an Israeli agriculturalcompany, B.M. Group, and a Panamanian company, MotoresIntemacionales, warning that the companies were thought tobe dealing in U.S. properties confiscated in Cuba. Under thattitle, executives or major shareholders of foreign companiestrafficking in U.S. property confiscated in Cubamay be deniedadmission to the United States.Cuba's National Assembly of People's Power approved a lawon the "Reaffirmation of Cuban Dignity and Sovereignty"which, among other provisions, declares the Helms-BurtonBill "illegal" inapplicable and without value or legal merit";excludes any U.S. person or corporation that attempts toutilize the provisions of the Helms-Burton legislation fromany possible future negotiations with Cuba on compensationfor nationalized properties; and declares unlawful "any formof collaboration, direct or indirect, which favors theapplication" of the Helms-Burton legislation. The law alsooffers Cuban government support to foreign companies thatwant to hide their investments in Cuba to avoid potential U.S.sanctions.

us cuban anti hijacking

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