"Taking Steps to Support the Cuban People": Mr. Biden Removes Cuba From List of State Sponsors of Terrorism and Cuba Frees 553 Prisoners

 

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And people say there is no room for state market based transaction at the state level.. As the hours wind down to the end of his Presidency, and much as Mr. Trump did  as his also wound down in 2021 (and so back to the 1790s) the exiting U.S. President used their final hours in office to entrench their agendas or build barriers to the development of those of their successors.

Cuba is an easy space in which to act in this context.  using the traditional fetish term "supporting the Cuban people" (one that is richly represented in statute, regulation, and activity of the American state sector) Mr. Biden had announced for him (through a Statement from Press Secretary Karine Jean-Pierre on Steps to Support the Cuban People which is set out in full below) announced a set of strategically last minute "steps" that are designed to hobble the ability of the incoming administration to quickly implement their own policy preferences (a tactic certainly not unique to this presidency).

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The three steps were part of a deal that appeared to be brokered through the Catholic Church (a role the Church has played in connection with US Cuba affairs before). That was smart in the sense that ot makes it harder to describe the measures as purely strategic and instrumental; though one can recall that the current Pontiff has long made known his position (and thus the position of the Church--as far as that goes given the power and longer lasting authority of the curia). The three steps, in this light are hardly unexpected--and their timing are meant to produce maximum negative impact on the incoming administration. Still, the effort to align this last minute set of policy decisions with the position of the Catholic Church and to some extent to use the Church as a shield for national political decision making may be something that requires some deeper thinking. That does not mean it is bad, it just suggests significance and unintended consequences; and this administration has appeared to show a remarkable inability to consider unintended consequences. In this case the shielding will mask rather than reduce opposition. The counter thrusts will come from the flanks.

In any case earlier roll out of these measures especially during the election would have been thought imprudent because it might have been thought  to affect the outcome of the election.  But given that outcome, the taking of the measures now suggest its political and partisan nature. Again fair--that has been the essence of American politics at this level from time to time and not unexpected.  BUt like all of these moves it will both be remembered and in the countering perhaps cause greater harm to the perfectly good intentions behind them. 

"First, today we notified Congress that President Biden determined Cuba should no longer be designated as a State Sponsor of Terrorism. Secondly, we notified Congress that the President issued a waiver for Title III of the Helms-Burton Act, otherwise known as the Libertad Act, for a period of six months. Finally, President Biden rescinded the 2017 National Security Presidential Memorandum 5 on Cuba policy to eliminate the so-called “restricted list” and by extension the additional regulations on engagement by U.S. persons and entities with Cuban persons and entities, beyond that which is currently prescribed in U.S. legislation. We have also been informed by the Catholic Church that the Cuban government will soon begin releasing a substantial number of political prisoners." (Statement from Press Secretary Karine Jean-Pierre)

 

In some sense one light read this as a personal and nicely wrapped present to Senator and perhaps soon Secretary of State Marco Rubio, whose views  on US Cuba issues (and well as US China issues. . . .as well as US-Cuba-China issues) are well known. But this is the kind of short term "gift" that will keep on giving.  That may weigh less on the consciousness of a person at the sunset of a long and historic career. But those who will be around to bear the consequences might have a different view.

At least in this case the quid pro quo was honored in its own way by the Cuban State.

Cuba freed 553 political prisoners Tuesday after the Biden administration announced it was removing Cuba from the list of state sponsors of terrorism and taking other “goodwill” actions. The Catholic Church had been negotiating with the communist-run government over the release of the prisoners. Most of them were jailed following unprecedented islandwide protests in July 2021. A brutal crackdown initially led to the arrests of more than 1,000 people. Many faced prison sentences of up to 30 years. "I thank all those who contributed to the decision announced today by the United States to remove Cuba from the list of state sponsors of terrorism, where it should never have been," Cuban President Miguel Díaz-Canel wrote on X. "Together with two other measures adopted, they have had a high cost for the country and Cuban families." (Cuba frees 553 prisoners after Biden removes it from state sponsors of terrorism list)

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And, at least with respect to the listing of the designation of Cuba as a state sponsor of terrorism there is a remarkably delightful twist of the revenge screw. It was Mr. Trump, after all, who  had designated Cuba as a state sponsor of terrorism shortly before he left office in January 2021; that, in turn reversed a decision of the Obama administration removing the designation.  What that suggests is that this development might have a very short half life. Of equal interest was the waiver of Title III of the Helms Burton Act, but that might be more for show than for its effect--for the moment the rate of actions under Title III have not been as significant as initially feared (here)--so heat and smoke but a smaller fire. On the other hand, and given its longer term effects, it might be most useful to measure the value of this action by the number of prisoners freed, many of them involved in the popular protests that surged throughout Cuba from 2021. Some some perspectives, for this objective, the price paid in other respects was quire reasonable (for the Cuban response here as reported in CiberCuba).

Except--now Latin American states have a curiously interesting bargaining chip in their own negotiations with an incoming Trump administration that is looking for something from Latin American states that are traditionally more significant to U.S. external policy. That is where the actions sting most. In all of that cycling Cuba, as it has since independence from Spain, continues to serve as a tool of virtually everyone else in its relationship with its North American neighbor--but tellingly also with its powerful regional friends.  And, as always, the best way to manipulate the incoming administration is to challenge it--a lesson well worn in the US since the transition from the Adams to the Jefferson Administration.  

It is interesting, and I end with this, to consider in this light, an opinion essay that appeared in the English language version of the Cuban Communist Party News Organ--Granma (A march against imperial ignominy (17 December 2024). It was written on the eve of a stage managed protest march of the masses against the Untied States and its policies.

In addition to the considerable damage caused to the economy, finances and trade by this aberrant policy, there are the restrictive measures derived from the decision to include Cuba, in a treacherous manner, in the infamous arbitrary and illegitimate list of countries that allegedly sponsor terrorism. It was a perverse move by the Trump administration, a few days before leaving the White House. * * * In May 2024, the State Department removed Cuba from the list of states that "do not fully cooperate" with the United States in the fight against terrorism, further highlighting the infamous and opportunistic nature of the 2021 designation. In defending the rational change of attitude, the Secretary of State, Antony Blinken, not only argued the current position of the Colombian government, but also highlighted Cuba's police cooperation and the non-existence of terrorist elements in Cuban territory. * * * President Biden can put an end to this lie and heed the call of dozens of governments, numerous former presidents and prime ministers, hundreds of parliamentarians, the U.S. Conference of Catholic Bishops and other religious leaders, and thousands of organizations around the world and in the United States itself. In his remaining days in office, President Biden can remove Cuba from the List of Sponsors of Terrorism; he has the authority to do so. If he wants to leave some decency as a legacy in the last days of his political life, he can take that symbolic step. There is still time to do so.

 The response of the Cuban State organs to the action was immediate, and brief--and delivered in the style of the first Trump admnistraiton, via social media and then reported in its Party organ

El Primer Secretario del Comité Central del Partido Comunista de Cuba y Presidente de la República de Cuba, Miguel Díaz-Canel Bermúdez, en la red social X, agradeció «a todos los que contribuyeron a la decisión anunciada por EE. UU. de excluir a Cuba de la lista de Estados patrocinadores del terrorismo, en la que nunca debió estar y que, junto a otras dos medidas adoptadas, ha tenido un alto costo para el país y las familias cubanas» (Gobierno de EE. UU. retira a Cuba de injusta lista de Estados patrocinadores del terrorismo)

Of course, at some point it will be interesting to see how or whether this converges with another area of US relations (eg here).

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Statement from Press Secretary Karine Jean-Pierre on Steps to Support the Cuban People

Since the beginning of the Biden-Harris Administration, United States’ policy towards Cuba has focused on empowering the Cuban people to freely determine their own future, and advancing respect for human rights.  This singular purpose has guided our policies to reunify Cuban families, strengthen cultural and educational ties between Cuba and the United States, enable remittances to flow more freely to the Cuban people, and increase support for independent Cuban entrepreneurs. 

In that spirit, we are taking several steps to support the Cuban people as part of an understanding with the Catholic Church under the leadership of Pope Francis and improve the livelihood of Cubans.  First, today we notified Congress that President Biden determined Cuba should no longer be designated as a State Sponsor of Terrorism.  Secondly, we notified Congress that the President issued a waiver for Title III of the Helms-Burton Act, otherwise known as the Libertad Act, for a period of six months.  Finally, President Biden rescinded the 2017 National Security Presidential Memorandum 5 on Cuba policy to eliminate the so-called “restricted list” and by extension the additional regulations on engagement by U.S. persons and entities with Cuban persons and entities, beyond that which is currently prescribed in U.S. legislation.  We have also been informed by the Catholic Church that the Cuban government will soon begin releasing a substantial number of political prisoners.

In taking these steps to bolster the ongoing dialogue between the government of Cuba and the Catholic Church, President Biden is also honoring the wisdom and counsel that has been provided to him by many world leaders, especially in Latin America, who have encouraged him to take these actions, on how best to advance the human rights of the Cuban people.  We take these steps in appreciation of the Catholic Church’s efforts to facilitate Cuba to take its own, constructive measures to restore liberty to its citizens and enable conditions that improve the livelihood of Cubans. 

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