Tuesday, June 04, 2019

On the Front Lines of the U.S. Pivot Toward the Caribbean: The U.S. Announces Further Restrictions on Travel to Cuba as Part of its Comprehensive Caribbean Strategy


I had earlier suggested that over the course of the last year, and perhaps led by a team operating through the office of the U.S: Vice President Pence, the United States has substantially and quite coherently reshaped its Caribbean (and eventually will reshape its Latin American) policies and strategies (discussed in The Pivot Toward the Caribbean: Announcement of Permission to Sue Anyone Using American Property Confiscated by Cuba and the Larger Trump Administration Strategy Coordinating Policy Against Cuba, Nicaragua, and Venezuela).  Despite the overall theme of bilateralism that is the Basic Foreign Policy Line of the current Administration, the U.S. has now begun to apply a coordinated and regional approach to the Caribbean and Latin America.   With origins in the National Security Strategy (discussed here: Ruminations 76: From Global to Fortress America; Thoughts on "National Security Strategy of the United States" (4 Dec 2017)), the United States has begun coordinating action against identified key competitors and enemies by targeting their flanks (referenced in the Statement of the Secretary of Commerce in his press release reproduced below).

One of the great consequences of this tilt, of this pivot toward the Caribbean, is that a policy initiative that appears directed against country A may actually be directed toward country B, or to the region as a whole or some of its parts (e.g., CARICOM).  This has become especially apparent in the way in which the United States has been coordinating policy initiatives respecting Cuba and Venezuela, both identified as enemies--whose interests are aggressively adverse to those of the United, and both targeted for efforts to permit mass movements to overthrow their political and economic models (as well as their current leadership core). 

Today, 4 June 2019, the Trump Administration announced a further policy initiative designed to advance its objectives in the Caribbean. It announced the imposition of "heavy new restrictions on travel to Cuba by U.S. citizens, including a ban on cruises, in a bid to further pressure the Communistisland over its support for Venezuelan President Nicolas Maduro." ( Trump administration bans cruises to Cuba in clampdown on U.S. travel). 

My brief reflections, some initial reporting, links to the Office of Foreign Assets Control (OFAC) regulations 31 C.F.R. part 515 (CACR)[FEDERAL REGISTER Vol. 84; No. 108 pp. 25992-25993], and relevant official statements from the Departments of State, Treasury and Commerce follow. 

 

"The Trump administration on Tuesday imposed heavy new restrictions on travel to Cuba by U.S. citizens, including a ban on cruises, in a bid to further pressure the Communist island over its support for Venezuelan President Nicolas Maduro." (Trump administration bans cruises to Cuba in clampdown on U.S. travel). That action, it might be hoped, would accomplish two objectives--it strikes again at Cuban efforts to reintegrate itself into the global economy, especially in its critical tourism sector.  And second, it is meant to put pressure (financial and military) on Venezuela by attempting the weakening or destabilization of the Cuba-Venezuela axis. 

"This Administration has made a strategic decision to reverse the loosening of sanctions and other restrictions on the Cuban regime," Treasury Secretary Steven Munchin said in the press release. "These actions will help to keep U.S. dollars out of the hands of Cuban military, intelligence, and security services." The U.S. State Department added that tourism has "served to line the pockets of the Cuban military, the very same people supporting Nicolas Maduro in Venezuela and representing the Cuban people on the island." (Can Americans Travel to Cuba? Trump Administration Prohibits Cruise Ship Visits Among New Restrictions).
More specifically, the Trump Administration  has rescinded the exemption for travel to Cuba through a so-called people-to-people educational travel program.  Second, it will no longer permit Cuban travel through passenger and recreational vehicles (cruise ships and pleasure boats).  This targeting on the tourist sector comes just weeks after another American initiative was unveiled, targeting  general efforts to engage in international economic activity--the lifting of restrictions permitting lawsuits against foreigners trafficking in certain identified classes of Cuban property confiscated after January 1959 ((discussed in The Pivot Toward the Caribbean; and critically examined in No Oligarch Left Behind: Trump’s Title III Cuba Policy). 

The Cuban response was immediate and not unexpected.  In the stye of the current administraiton it was delivered via Tweet:



The actions build on those already taken in April by the U.S. Administration and follow the new strategy (adopted in all sectors of U.S: foreign relations) grounded in objectives based precise targeting of action.  One has seen this is the case of China with the use of tariffs (discussed here: CPE Working Group on Empire: Part I--A Critical Reading of China's State Council [国务院] White Paper "China's Position on the China-US Economic and Trade Consultations" [关于中美经贸磋商的中方立场]), and in the related case of Mexico and the migrants issue (though that one might also bear connection with overall recast Caribbean strategies that involve Cuba and the Central American States essential to the current shape of the migration problem as publicized by the US press (From Markets as Governance to Governance Through Markets)). The targeting is evident by what was banned and what was not: "Commercial flights from the US will continue to be permitted as they "broadly support family travel and other lawful forms of travel," according to the spokesperson." (Trump admin imposes new travel restrictions on Cuba, banning cruise ships). 

In its Media Release the State Department also made the case for linking tourism (the extent of which had been tolerated even as it increasingly constituted what the State Department characterized as veiled tourism beyond the waiver of Embargo rules) with the Cuban military and then with the Venezuelan regime no longer recognized by the U.S.

The United States holds the Cuban regime accountable for its repression of the Cuban people, its interference in Venezuela, and its direct role in the man-made crisis led by Nicolas Maduro. Despite widespread international condemnation, Maduro continues to undermine his country’s institutions and subvert the Venezuelan people’s right to self-determination. Empowered by Cuba, he has created a humanitarian disaster that destabilizes the region.These actions are directly linked to the tourism industry, which has strong economic ties to the Cuban security, military, and intelligence sectors in Cuba. (United States Restricts Travel and Vessels to Cuba).
The statements released by the Departments of State, Commerce, and Treasury underlined this coordination and targeting. It also made clear its objectives.  NOte the difference in tactics from those who the United States views as allies or trading partners or competitors--for those states tariff strategies have been implemented with the object of inducing and managing negotiation.  In the case of enemies, the tactics take on a different hue.

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UPDATE 1-Trump administration bans cruises to Cuba in clampdown on U.S. travel

The Trump administration on Tuesday imposed heavy new restrictions on travel to Cuba by U.S. citizens, including a ban on cruises, in a bid to further pressure the Communistisland over its support for Venezuelan President Nicolas Maduro. The tightening of the decades-old U.S. embargo on the Caribbean's largest island will further wound its crippled economy as well as hurt U.S. travel companies that had built up a business with Cuba during a brief 2014-2016 detente under former President Barack Obama.

The State Department said the United States would no longer allow so-called group people-to-people educational travel, one of the most popular exemptions to the overall ban on U.S. tourism to Cuba. The United States will also no longer permit visits to Cuba via passenger and recreational vessels, including cruise ships and yachts, as well as private and corporate aircraft, it said.

The administration of U.S. President Donald Trump had announced the new restrictions in April as part of its battle against socialism in Latin America. It also last month allowed U.S. citizens to bring lawsuits against foreign companies for the use of property confiscated after Cuba's 1959 revolution, hurting investment in the island.

"The Administration has advanced the President's Cuba policy by ending 'veiled tourism' to Cuba and imposing restrictions on vessels," said a tweet from Trump's national security adviser John Bolton, who has led the U.S. campaign against what he has called the "troika of tyranny" of Cuba, Venezuela and Nicaragua. "We will continue to take actions to restrict the Cuban regime's access to U.S. dollars."

Cuba's Foreign Minister Bruno Rodriguez said on Twitter the move was "an attack on International Law" and the embargo was the main obstacle to the country's development, thereby violating Cubans' human rights. U.S. travel to Cuba had boomed in recent years after Obama loosened restrictions, allowing the re-establishment of regular commercial flights and cruise services.

The United States became the second-largest source of travellers to the island after Canada, with a majority arriving on cruise ships. According to the Cuban government, 257,500 U.S. citizens, not including those of Cuban origin, visited Cuba from January through March, with 55% arriving on cruise ships.

"He thinks we are just coming here as a tourist but you are learning so much. It's ridiculous we won't be able to come anymore," said Cheryl Kolar, 68, a retired nurse who had travelled to Havana by cruise ship. "Cuba is the only country we are not allowed to go to. We can go to Russia, but for some reason, Trump has something against Cuba." (Reporting by Sarah Marsh and Marc Frank in Havana; Editing by Tom Brown and Daniel Flynn)

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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Publication of Updated Cuban Assets Control Regulations (CACR) and Frequently Asked Questions.


The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations, 31 C.F.R. part 515 (CACR), to further implement portions of the President’s foreign policy toward Cuba. In accordance with newly announced changes to non-family travel to Cuba, OFAC is amending the CACR to remove the authorization for group people-to-people educational travel. The CACR amendment will be published in the Federal Register on Wednesday June 5, 2019, at which time the changes will take effect. OFAC is also publishing a number of updated Frequently Asked Questions and a Fact Sheet pertaining to this regulatory amendment.
For more information on this specific action, please visit this page.

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Vol. 84; No. 108  pp. 25992-25993
(5 June 2019--Rules and Regulations)
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations AGENCY: Office of Foreign Assets
Control, Treasury. ACTION: Final rule. 

SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations to implement portions of the President’s foreign policy toward Cuba. This amendment removes an authorization for group people-to-people educational travel and provides a ‘‘grandfathering’’ provision to authorize certain group people-to-people educational travel that previously was authorized where the traveler has already completed at least one travel-related transaction (such as purchasing a flight or reserving accommodation) prior to June 5, 2019.  

DATES: Effective: June 5, 2019. 

FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing, 202–622–2480, Assistant Director for Regulatory Affairs, 202–622–4855, Assistant Director for Sanctions Compliance & Evaluation, 202–622– 2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, 202–622–2410.  

SUPPLEMENTARY INFORMATION:

Electronic Availability
This document and additional information concerning OFAC are available from OFAC’s website (www.treasury.gov/ofac). 

Background 

The Department of the Treasury issued the Cuban Assets Control Regulations, 31 CFR part 515 (the Regulations), on July 8, 1963, under the Trading With the Enemy Act (50 U.S.C. 4301–41). OFAC has amended the Regulations on numerous occasions. In particular, on November 9, 2017, OFAC, the Department of Commerce’s Bureau of Industry and Security, and the Department of State (State) took coordinated actions to implement National Security Presidential Memorandum–5, ‘‘Strengthening the Policy of the United States Toward Cuba,’’ signed by the President on June 16, 2017 (NSPM–5). Among other things, in accordance with section 3(b)(ii) of NSPM–5, OFAC amended § 515.565(b) to require that people-to- people educational travel be conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact (group people-to-people educational travel) (82 FR 51998). 
On April 17, 2019, National Security Advisor Ambassador John Bolton delivered a foreign policy address (April 2019 Address) announcing regulatory changes to further implement NSPM–5 and the President’s foreign policy toward Cuba. Among other changes, the April 2019 Address announced that the Department of the Treasury would further restrict non-family travel. 

In accordance with the April 2019 Address, OFAC is amending § 515.565 to remove the authorization for group people-to-people educational travel in § 515.565(b). OFAC is adding a ‘‘grandfathering’’ provision in § 515.565(b) to authorize certain group people-to-people educational travel that previously was authorized where the traveler has already completed at least one travel-related transaction (such as purchasing a flight or reserving accommodation) prior to June 5, 2019. Finally, OFAC is adding a Note to § 515.572(a)(2) highlighting the fact that the export or reexport of vessels or aircraft providing carrier services under § 515.572(a)(2) requires separate authorization from the Department of Commerce. 

Public Participation 

Because the amendments of the Regulations involve a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date, as well as the provisions of Executive Order 13771, are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related to the Regulations are contained in 31 CFR part 501 (the ‘‘Reporting, Procedures and Penalties Regulations’’) and § 515.572 of this part. Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information are covered by the Office of Management and Budget under control numbers 1505–0164, 1505–0167, and 1505–0168. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of

information displays a valid control number. 

List of Subjects in 31 CFR Part 515 

Administrative practice and procedure, Banking, Blocking of assets, Cuba, Financial transactions, Reporting and recordkeeping requirements, Travel restrictions. 

For the reasons set forth in the preamble, the Department of the Treasury’s Office of Foreign Assets Control amends 31 CFR part 515 as set forth below: 

PART 515—CUBAN ASSETS CONTROL REGULATIONS 

1. The authority citation for part 515 continues to read as follows:

Authority: 22 U.S.C. 2370(a), 6001–6010, 7201–7211; 31 U.S.C. 321(b); 50 U.S.C. 4301– 4341; Pub. L. 101–410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104–114, 110 Stat. 785 (22 U.S.C. 6021–6091); Pub. L. 105–277, 112 Stat. 2681; Pub. L. 111–8, 123 Stat. 524; Pub. L. 111–117, 123 Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR, 1938–1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943–1948 Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959–1963 Comp., p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614. 

Subpart E—Licenses, Authorizations, and Statements of Licensing Policy 

2. Amend § 515.565 by:
a. Redesignating the Note to paragraphs (a) and (b) as Note 4 to paragraph (a);
b. Revising the newly redesignated Note 4 to paragraph (a);
c. Revising paragraph (b); and
d. In paragraph (g), remove the phrase ‘‘general licenses’’ and add in its place ‘‘general license’’ and remove the text ‘‘or (b)’’.


The revisions to read as follows: 

§ 515.565 Educational activities. 

(a) * * *

* * * * * 


Note 4 to paragraph (a): Each person relying on the general authorization in this paragraph must retain specific records related to the authorized travel transactions. See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and reporting requirements. 

(b) General license for certain people- to-people travel and related transactions where certain transactions were completed prior to June 5, 2019. Persons subject to U.S. jurisdiction are authorized to engage in people-to- people travel and related transactions for a trip consistent with paragraph (b) of this section as those provisions existed on April 17, 2019, provided the traveler completed at least one related transaction (such as purchasing a flight or reserving accommodation) for that particular trip prior to June 5, 2019. 

*** * * 
3. Amend § 515.572 by adding Note 1 to paragraph (a)(2) to read as follows: 

§ 515.572 Provision of travel, carrier, other transportation-related, and remittance forwarding services. 

(a) * * * 

(2) * * * 

Note 1 to paragraph (a)(2): The export or reexport to Cuba of items subject to the Export Administration Regulations (15 CFR part 730 et seq.), including vessels and aircraft used to provide carrier services, requires separate authorization from the Department of Commerce. See § 515.533. 

*** * *  
Dated: May 30, 2019. 

Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019–11755 Filed 6–4–19; 8:45 am]
BILLING CODE 4810–AL–P




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Treasury and Commerce Implement Changes to Cuba Sanctions Rules

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WASHINGTON – Today, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) unveiled amendments to the Cuban Assets Control Regulations (CACR) to further implement the President’s foreign policy on Cuba.  These amendments complement changes to the Department of Commerce’s Bureau of Industry and Security (BIS) Export Administration Regulations (EAR), which Commerce is also unveiling today.  These regulatory changes were announced on April 17, 2019 and include restrictions on non-family travel to Cuba.  

“Cuba continues to play a destabilizing role in the Western Hemisphere, providing a communist foothold in the region and propping up U.S. adversaries in places like Venezuela and Nicaragua by fomenting instability, undermining the rule of law, and suppressing democratic processes,” said Treasury Secretary Steven Mnuchin.  “This Administration has made a strategic decision to reverse the loosening of sanctions and other restrictions on the Cuban regime.  These actions will help to keep U.S. dollars out of the hands of Cuban military, intelligence, and security services.”

These actions mark a continued commitment towards implementing the National Security Presidential Memorandum signed by the President on June 16, 2017 titled “Strengthening the Policy of the United States Toward Cuba.”  These policies continue to work to channel economic activities away from the Cuban military, intelligence, and security services.  The Treasury changes will take effect on June 5, 2019 when the regulations are published in the Federal Register. 

For the Treasury regulations, which can be found at 31 Code of Federal Regulations (CFR) part 515, see here.  For the Commerce regulations, which can be found at 15 CFR parts 730-774, see here.  Major elements of the changes in the revised regulations include:

Ending Group People-to-People Travel                                                                              

  • In accordance with the newly announced changes to non-family travel to Cuba, OFAC is amending the regulations to remove the authorization for group people-to-people educational travel.  OFAC’s regulatory changes include a “grandfathering” provision, which provides that certain group people-to-people educational travel that previously was authorized will continue to be authorized where the traveler had already completed at least one travel-related transaction (such as purchasing a flight or reserving accommodation) prior to June 5, 2019. Please note that travel-related transactions continue to be permitted by general licenses for certain categories of travel and certain authorized export transactions.  For more on authorized travel to Cuba, please click here

Ending Exports of Passenger Vessels, Recreational Vessels, and Private Aircraft 

  • BIS, in coordination with OFAC, is amending the EAR to make passenger and recreational vessels and private and corporate aircraft ineligible for a license exception and to establish a general policy of denial for license applications involving those vessels and aircraft. 

Resources:

More information and OFAC Frequently Asked Questions on travel to Cuba

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United States Restricts Travel and Vessels to Cuba

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Today, the United States took strong action to prevent U.S. travel to Cuba from enriching the Cuban military, security, and intelligence services by announcing new restrictions on authorized travel and vessels to the island.

Going forward, the United States will prohibit U.S. travelers from going to Cuba under the previous ‘group people-to-people educational’ travel authorization. In addition, the United States will no longer permit visits to Cuba via passenger and recreational vessels, including cruise ships and yachts, and private and corporate aircraft.

The United States holds the Cuban regime accountable for its repression of the Cuban people, its interference in Venezuela, and its direct role in the man-made crisis led by Nicolas Maduro. Despite widespread international condemnation, Maduro continues to undermine his country’s institutions and subvert the Venezuelan people’s right to self-determination. Empowered by Cuba, he has created a humanitarian disaster that destabilizes the region.

These actions are directly linked to the tourism industry, which has strong economic ties to the Cuban security, military, and intelligence sectors in Cuba. Veiled tourism has served to line the pockets of the Cuban military, the very same people supporting Nicolas Maduro in Venezuela and repressing the Cuban people on the island. In Cuba, the regime continues to harass, intimidate, and jail Cubans who dare to voice an opinion different from the one the regime wants them to have. The United States calls on the regime to abandon its repression of Cubans, cease its interference in Venezuela, and work toward building a stable, prosperous, and free country for the Cuban people.

For more information on the regulations on U.S. travel to Cuba and restrictions on vessels and aircraft, please refer to releases by the Departments of the Treasury and Commerce.

For further information, please contact WHA Press at WHA_Press@state.gov and EB Press at EB-A-PD-DL@state.gov.

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FOR IMMEDIATE RELEASE
WASHINGTON – Today, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) unveiled amendments to the Cuban Assets Control Regulations (CACR) to further implement the President’s foreign policy on Cuba.  These amendments complement changes to the Department of Commerce’s Bureau of Industry and Security (BIS) Export Administration Regulations (EAR), which Commerce is also unveiling today.  These regulatory changes were announced on April 17, 2019, and include restrictions on non-family travel to Cuba.

“Cuba remains communist, and the United States, under the previous administration, made too many concessions to one of our historically most aggressive adversaries,” said Commerce Secretary Wilbur Ross. “The Trump Administration recognizes the threat Cuba’s government poses in the region, and the Commerce Department is acting to limit commercial activity that provides revenue for the Cuban regime. Holding other countries accountable remains a focus for this Administration and we will remain vigilant.”

These actions mark a continued commitment towards implementing the National Security Presidential Memorandum signed by the President on June 16, 2017 titled “Strengthening the Policy of the United States Toward Cuba.”  These policies continue to work to channel economic activities away from the Cuban military, intelligence, and security services.  The Treasury changes will take effect on June 5, 2019 when the regulations are published in the Federal Register.

For the Treasury regulations, which can be found at 31 Code of Federal Regulations (CFR) part 515, see here.  For the Commerce regulations, which can be found at 15 CFR parts 730-774, see here.  Major elements of the changes in the revised regulations include:

Ending Group People-to-People Travel
  • In accordance with the newly announced changes to non-family travel to Cuba, OFAC is amending the regulations to remove the authorization for group people-to-people educational travel. OFAC’s regulatory changes include a “grandfathering” provision, which provides that certain group people-to-people educational travel that previously was authorized will continue to be authorized where the traveler had already completed at least one travel-related transaction (such as purchasing a flight or reserving accommodation) prior to June 4, 2019.
Ending Exports of Passenger Vessels, Recreational Vessels, and Private Aircraft
  • BIS, in coordination with OFAC, is amending its EAR to make passenger and recreational vessels and private and corporate aircraft ineligible for license exception and to establish a general policy of denial for license applications involving those vessels and aircraft.

Bureaus and Offices

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