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Nonetheless I have titled this post "Stale beer in broken mugs" rather than aging beer in a ripe old cask. The reason for the negativity has little to do with the rightness or wrongnmess of U.S. policy to Cuba--that policy has been consistent (except at the margins, the limits of which within the boundaries of the current conceptual cage of US-Cuba relations was well on display during the Presidency of Mr. Obama). Rather is more focused on the mechanics of the realization of that policy, and on internal US politics rather than on its object (Cuba). Like virtually every President since the 1950's, Mr, Trump has also attested that
My Administration’s policy will be guided by the national security and foreign policy interests of the United States, as well as solidarity with the Cuban people. I will seek to promote a stable, prosperous, and free country for the Cuban people. To that end, we must channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society. (National Security Presidential Memorandum/NSPM-5; § 1)
Not that this version is better to worse than that of Mr. Trump's predecessors--but that, effectively, what changes more than anything else are the discursive tropes around which changes appear to be made in methods, which can be painful (for Cuba at least) at the margins, but change very little at its core (regime change). What is stale and broken, then, may be the discourse of U.S. policy, rather than either its aims or its methods--though both are also ready to collect their pensions if judged by human years (consider U.S. "Presidential Message on Cuban Independence Day, 2025" and the Narratives of Revolution).
To make the point, consider President Trump's Cuba initiative announced in June 2017 (with revised regulations that then followed). It ought to come that the 2025 initiative is sourced in and builds on that initiative. But it also embraces its objectives--a little pain, a lot of rhetoric, and the protection of American interests (and those of the Cuban elites who make that possible). Back then I spoke in terms of (rhetorical) sorcery
Sorcery was once illegal in most Western states. But the use of ritual incantations for all sorts of magical invocations appears to have increased of late. "A Much Better Deal" has become such an incantation--its utterance enough to legitimate virtually any action by those with sufficient power to say those words in the appropriate setting. Recently that setting was an auditorium in Miami, Florida, where the 45th President worked this magic to re-imagine U.S. policy toward the normalization of relations with Cuba. ("A Much Better Deal for the Cuban People and for the United States": The 45th President Announces a New Policy on Cuba--How Much is the President Willing to Pay for Regime Change in Cuba and Which Sectors of the American Economy Have been Asked to Pay for It? )
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In his first term, President Trump implemented a robust policy towards Cuba, reversing the Obama Administration’s one-sided deal that eased restrictions without securing meaningful reforms for the Cuban people. Now, President Trump is once again implementing a firm policy stance. President Trump is fulfilling his campaign promise: “As president, I will again stand with the people of Cuba in their long quest for justice, liberty and freedom.” President Trump also recently implemented a new travel ban that applies to Cuba. It lists Cuba as a state sponsor of terrorism and cites its failure to cooperate or share sufficient law enforcement information with the United States, its historical refusal to accept back its removable nationals, and its high visa overstay rate. (Fact Sheet: President Donald J. Trump Strengthens the Policy of the United States Toward Cuba).
For those who find consistency to be an evil, there is much to ponder here in the reinforcement of American commitment to regime transition in Cuba while avoiding this sort of talk in other places. But that may be a function of reflex--the US-Cuba discursive universe is its own special place. The bottom line is that businesses will have to be more careful; tourism becomes riskier (especially if they mean what they say about the post trip audits), and for Cubans , a little more effort to "resolver".
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None of this, however, is meant to suggest anything about the Cuban position or suggest that current Cuban internal policies are worth preserving. The mountain of writing of both friends and foes of Cuba's system begging for reform grows daily. It is worth remembering that Cuba's leaders have done much to craft its current situation and ought to bear responsibility for its own decisions and actions. It is worth noting, however, that Cuba has developed a taste for the advantages that the current situation appears to afford it, as judged by the limits of tolerable states of misery in the naiton. See, Announcing Publication of Article : "Cuba and the Constitution of a Stable State of Misery: Ideology, Economic Policy, and Popular Discipline" [Cuba y la Constitución de un Estado Estable de Miseria: Ideología, Política Económica y Disciplina Popular] (2025) 13(2) Penn State J L Int'l Aff 1-84. Nonetheless it would always prefer to minimize the pain at the margins. Commentary on the shaping of the new regulation project may be accessed here, and here. For Cuba Sanctions regulations and related links see HERE. Cuba's position on the changes, though, are not surprising ( In English --The empire’s cynicism in the name of freedom and human rights; and in Spanish--El cinismo del imperio, en nombre de la libertad y los derechos humanos) and follow below. Both Cuba and the United States, then, continue to hold themselves out as the great defenders of the human rights of the Cuban people--a pattern that started shortly after the 1959 Revolution and remains not just intact but on auto pilot.
The wheel turns, of course, but always revolving around an unchanging core. That core recalls the perhaps dark center of a loveless marriage that, now decades old, remains a prison for its spouses who for reasons of their own find themselves stuck with each other in the home they have built. Stability and predictability are its reward. And what passes for love, or togetherness, are those little acts of spite that remind each of the spouces that they are truly cared for by the other. For those of us who are treated to be the spectators of this mis-alliance, the children they produce, there is sometimes the face of togetherness. But more often than not, that mask has not just fallen but been stomped on beyond recognition. And no wonder, after so many years it is hard to care when you know the script and its endless replay. Still--stability of a sort that we have gotten used to and sometimes sucked into. That beer, though, is still stale and the chipped mug can cut our lips. On this warm summer day perhaps it is time for a refill; maybe of something slightly different: a crisply cool beer in an iced mug sounds just perfect about now--the spiteful love of these two ancient partners in a marriage from which there is no exit still has a lot if room for play. For the Cubans--in the State and within is diaspora--"se resuelve las cosas" (here). Washington and Havana are a long way from the streets.
The Text of the 2017 NSPM on Cuba, National Security Presidential Memorandum/NSPM-5 and of the Fact Sheet: President Donald J. Trump Strengthens the Policy of the United States Toward Cuba follow below, along with the Cuban response published in Granma on 1 July 2025. Beyond that, Cuba policy remains very much a game played at the margins.
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF HEALTH AND HUMAN SERVICES
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
THE ASSISTANT TO THE PRESIDENT AND CHIEF OF
STAFF
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL
SECURITY AFFAIRS
THE ASSISTANT TO THE PRESIDENT AND HOMELAND
SECURITY ADVISOR
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC
POLICY
THE UNITED STATES TRADE REPRESENTATIVE
THE DIRECTOR OF THE OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
THE REPRESENTATIVE OF THE UNITED STATES OF
AMERICA TO THE UNITED NATIONS
THE ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION
THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
THE DIRECTOR OF THE OFFICE OF PERSONNEL
MANAGEMENT
SUBJECT: Reissuance of and Amendments to National Security Presidential Memorandum 5 on Strengthening the Policy of the United States Toward Cuba
Section 1. Purpose. The United States recognizes the need for more freedom and democracy, improved respect for human rights, and increased free enterprise in Cuba. The Cuban people have long suffered under a Communist regime that suppresses their legitimate aspirations for freedom and prosperity and fails to respect their essential human dignity.
My Administration’s policy will be guided by the national security and foreign policy interests of the United States, as well as solidarity with the Cuban people. I will seek to promote a stable, prosperous, and free country for the Cuban people. To that end, we must channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society.
In Cuba, dissidents and peaceful protesters are arbitrarily detained and held in terrible prison conditions. Violence and intimidation against dissidents occur with impunity. Families of political prisoners are retaliated against for peacefully protesting the improper confinement of their loved ones. Worshippers are harassed, and free association by civil society organizations is blocked. The right to speak freely, including through access to the internet, is denied, and there is no free press. The United States condemns these abuses.
The initial actions set forth in this memorandum, including restricting certain financial transactions and travel, encourage the Cuban government to address these abuses. My Administration will continue to evaluate its policies so as to improve human rights, encourage the rule of law, foster free markets and free enterprise, and promote democracy in Cuba.
Sec. 2. Policy. It shall be the policy of the executive branch to:
(a) End economic practices that disproportionately benefit the Cuban government or its military, intelligence, or security agencies or personnel at the expense of the Cuban people.
(b) Ensure adherence to the statutory ban on tourism to Cuba.
(c) Support the economic embargo of Cuba described in section 4(7) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (the embargo), including by opposing measures that call for an end to the embargo at the United Nations and other international forums and through regular reporting on whether the conditions of a transition government exist in Cuba.
(d) Amplify efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.
(e) Not reinstate the “Wet Foot, Dry Foot” policy, which encouraged untold thousands of Cuban nationals to risk their lives to travel unlawfully to the United States.
(f) Ensure that engagement between the United States and Cuba advances the interests of the United States and the Cuban people. These interests include: advancing Cuban human rights; encouraging the growth of a Cuban private sector independent of government control; enforcing final orders of removal against Cuban nationals in the United States; protecting the national security and public health and safety of the United States, including through proper engagement on criminal cases and working to ensure the return of fugitives from American justice living in Cuba or being harbored by the Cuban government; supporting United States agriculture and protecting plant and animal health; advancing the understanding of the United States regarding scientific and environmental challenges; and facilitating safe civil aviation.
Sec. 3. Implementation. The heads of executive departments and agencies (agencies) shall begin to implement the policy set forth in section 2 of this memorandum as follows:
(a) Within 30 days of the date of this memorandum, the Secretary of the Treasury and the Secretary of Commerce, as appropriate and in coordination with the Secretary of State and the Secretary of Transportation, shall initiate a process to adjust current regulations regarding transactions with Cuba.
(i) As part of the regulatory changes described in this subsection, the Secretary of State shall identify any entities or subentities, as appropriate, that are under the control of, or act for or on behalf of, or for the benefit of, the Cuban military, intelligence, or security services or personnel (such as Grupo de Administracion Empresarial S.A. (GAESA), its affiliates, subsidiaries, and successors), and publish a list of those identified entities and subentities with which direct or indirect financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba.
(ii) Except as provided in subsection (a)(iii) of this section, the regulatory changes described in this subsection shall prohibit direct or indirect financial transactions with those entities or subentities on the list published pursuant to subsection (a)(i) of this section.
(iii) The regulatory changes described in this subsection shall not prohibit transactions that the Secretary of the Treasury or the Secretary of Commerce, in coordination with the Secretary of State, determines are consistent with the policy set forth in section 2 of this memorandum and:
(A) concern Federal Government operations, including Naval Station Guantanamo Bay and the United States mission in Havana;
(B) support programs to build democracy in Cuba;
(C) concern air and sea operations that support permissible travel, cargo, or trade;
(D) support the acquisition of visas for permissible travel;
(E) support the expansion of direct telecommunications and internet access for the Cuban people;
(F) support the sale of agricultural commodities, medicines, and medical devices sold to Cuba consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and the Cuban Democracy Act of 2002 (22 U.S.C. 6001 et seq.);
(G) relate to sending, processing, or receiving authorized remittances;
(H) otherwise further the national security or foreign policy interests of the United States; or
(I) are required by law.
(b) Within 30 days of the date of this memorandum, the Secretary of the Treasury, in coordination with the Secretary of State, shall initiate a process to adjust current regulations to ensure adherence to the statutory ban on tourism to Cuba.
(i) The amended regulations shall require that educational travel be for legitimate educational purposes. Except for educational travel that was permitted by regulation in effect on January 27, 2011, all educational travel shall be under the auspices of an organization subject to the jurisdiction of the United States, and all such travelers must be accompanied by a representative of the sponsoring organization.
(ii) The regulations shall further require that those traveling for the permissible purposes of non academic education or to provide support for the Cuban people:
(A) engage in a full-time schedule of activities that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities; and
(B) meaningfully interact with individuals in Cuba.
(iii) The regulations shall continue to provide that every person engaging in travel to Cuba shall keep full and accurate records of all transactions related to authorized travel, regardless of whether they were effected pursuant to license or otherwise, and such records shall be available for examination by the Department of the Treasury for at least 5 years after the date they occur.
(iv) The Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, and the Secretary of Transportation shall review their respective agencies’ enforcement of all categories of permissible travel within 90 days of the date the regulations described in this subsection are finalized to ensure such enforcement accords with the policies outlined in section 2 of this memorandum.
(c) The Secretary of the Treasury shall regularly audit travel to Cuba to ensure that travelers are complying with relevant statutes and regulations. The Secretary of the Treasury shall request that the Inspector General of the Department of the Treasury inspect the actions taken by the Department of the Treasury to implement this audit requirement. The Inspector General of the Department of the Treasury shall provide a report to the President, through the Secretary of the Treasury, summarizing the results of that inspection within 180 days of the adjustment of current regulations described in subsection (b) of this section and annually thereafter.
(d) The Secretary of the Treasury shall adjust the Department of the Treasury’s current regulation defining the term “prohibited officials of the Government of Cuba” so that, for purposes of title 31, part 515 of the Code of Federal Regulations, it includes Ministers and Vice-Ministers; members of the Council of State and the Council of Ministers; members and employees of the National Assembly of People’s Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; Director Generals and sub-Director Generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors, and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; and members and employees of the Supreme Court (Tribuno Supremo Nacional).
(e) The Secretary of State and the Representative of the United States of America to the United Nations shall oppose efforts at the United Nations or (with respect to the Secretary of State) any other international forum to lift the embargo until a transition government in Cuba, as described in section 205 of the LIBERTAD Act, exists.
(f) The Secretary of State, in coordination with the Attorney General, shall provide a report to the President assessing whether and to what degree the Cuban government has satisfied the requirements of a transition government as described in section 205(a) of the LIBERTAD Act, taking into account the additional factors listed in section 205(b) of that Act. This report shall include a review of human rights abuses committed against the Cuban people, such as unlawful detentions, arbitrary arrests, and inhumane treatment.
(g) The Attorney General shall, within 90 days of the date of this memorandum, issue a report to the President on issues related to fugitives from American justice living in Cuba or being harbored by the Cuban government.
(h) The Secretary of State and the Administrator of the United States Agency for International Development shall review all democracy development programs of the Federal Government in Cuba to ensure that they align with the criteria set forth in section 109(a) of the LIBERTAD Act.
(i) The Secretary of State shall convene a task force, composed of relevant agencies, including the Office of Cuba Broadcasting, and appropriate non-governmental organizations and private-sector entities, to examine the technological challenges and opportunities for expanding internet access in Cuba, including through Federal Government support of programs and activities that encourage freedom of expression through independent media and internet freedom so that the Cuban people can enjoy the free and unregulated flow of information.
(j) The Secretary of State and the Secretary of Homeland Security shall continue to discourage dangerous, unlawful migration that puts Cuban and American lives at risk. The Secretary of Defense shall continue to provide support, as necessary, to the Department of State and the Department of Homeland Security in carrying out duties regarding interdiction of migrants.
(k) The Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Commerce, and the Secretary of Homeland Security, shall annually report to the President regarding the engagement of the United States with Cuba to ensure that engagement is advancing the interests of the United States.
(l) All activities conducted pursuant to subsections (a) through (k) of this section shall be carried out in a manner that furthers the interests of the United States, including by appropriately protecting sensitive sources, methods, and operations of the Federal Government.
Sec. 4. Earlier Presidential Actions. (a) This memorandum amends sections 1 and 3 of National Security Presidential Memorandum 5 of June 16, 2017 (Strengthening the Policy of the United States Toward Cuba) (NSPM-5), and reissues NSPM-5 in its entirety. It does not otherwise amend the text or timelines reflected in the original NSPM-5 and is not intended to direct agencies to repeat actions already implemented under that NSPM.
(b) This memorandum supersedes and replaces both National Security Presidential Directive 52 of June 28, 2007 (U.S. Policy toward Cuba), and Presidential Policy Directive 43 of October 14, 2016 (United States-Cuba Normalization).
(c) This memorandum does not affect either Executive Order 12807 of May 24, 1992 (Interdiction of Illegal Aliens), or Executive Order 13276 of November 15, 2002 (Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region).
Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.
DONALD J. TRUMP
STRENGTHENING THE POLICY OF THE UNITED STATES TOWARD CUBA: Today, President Donald J. Trump signed a National Security Presidential Memorandum (NSPM) to strengthen the policy of the United States toward Cuba.
- This NSPM restores and strengthens the robust Cuba policy from the President’s first term, reversing the Biden Administration’s revocation that eased pressure on the Cuban regime.
- The NSPM ends economic practices that disproportionately benefit the
Cuban government, military, intelligence, or security agencies at the
expense of the Cuban people.
- Direct or indirect financial transactions with entities controlled by the Cuban military, such as Grupo de Administracion Empresarial S.A. (GAESA), and its affiliates are prohibited, with exceptions for transactions that advance U.S. policy goals or support the Cuban people.
- It enforces the statutory ban on U.S. tourism to Cuba and ensures compliance through regular audits and mandatory record-keeping of all travel-related transactions for at least five years.
- The NSPM supports the economic embargo of Cuba and opposes calls in the United Nations and other international forums for its termination.
- The NSPM amplifies efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.
- It ensures the “Wet Foot, Dry Foot” policy remains terminated to discourage dangerous, unlawful migration.
- The NSPM ensures that engagement between the United States and Cuba advances the interests of the United States and the Cuban people, including through promoting human rights, fostering a private sector independent of government control, and enhancing national security.
- The NSPM mandates a review of human rights abuses in Cuba, including unlawful detentions and inhumane treatment, and requires a report on fugitives from American justice living in Cuba or being harbored by the Cuban government.
PROMOTING A STABLE, PROSPEROUS, AND FREE CUBA: President Trump is committed to fostering a free and democratic Cuba, addressing the Cuban people’s long-standing suffering under a Communist regime.
- The Cuban people have long suffered under a Communist regime that suppresses their legitimate aspirations for freedom and prosperity, arbitrarily detains dissidents, and holds political prisoners in inhumane conditions.
- Violence and intimidation against dissidents occur with impunity, while families of political prisoners face retaliation for their advocacy.
- The regime harasses worshippers, blocks free association by civil society organizations, and denies free speech, including through limited internet access and the absence of a free press.
- The Cuban government harbors fugitives of American justice and fails to meet the basic requirements of a free and just society.
HOLDING THE CUBAN REGIME ACCOUNTABLE: President Trump is continuing efforts from his first term to stand with the Cuban people and hold the regime accountable.
- In his first term, President Trump implemented a robust policy towards Cuba, reversing the Obama Administration’s one-sided deal that eased restrictions without securing meaningful reforms for the Cuban people.
- Now, President Trump is once again implementing a firm policy stance.
- President Trump is fulfilling his campaign promise: “As president, I will again stand with the people of Cuba in their long quest for justice, liberty and freedom.”
- President Trump also recently implemented a new travel ban that applies to Cuba.
- It lists Cuba as a state sponsor of terrorism and cites its failure
to cooperate or share sufficient law enforcement information with the
United States, its historical refusal to accept back its removable
nationals, and its high visa overstay rate.* * *
AGENCY:
Department of State.
ACTION:
Notice.
National Security Presidential Memorandum NSPM-5 entitled “Strengthening the Policy of the United States Toward Cuba” was issued by the President on June 16, 2017. The memorandum outlines the Administration's policy toward Cuba and policy implementation actions to be taken by heads of departments and agencies. The President authorized and directed the Secretary of State to publish this memorandum in the Federal Register . The text of the memorandum is set out below.
Janet Freer,
Director, Office of Directives Management, Bureau of Administration, Department of State.
National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF HEALTH AND HUMAN SERVICES
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
THE ASSISTANT TO THE PRESIDENT FOR HOMELAND SECURITY AND COUNTERTERRORISM
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC AFFAIRS
THE UNITED STATES TRADE REPRESENTATIVE
THE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY
THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS
THE ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION
THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT
Section 1. Purpose.
The United States recognizes the need for more freedom and democracy, improved respect for human rights, and increased free enterprise in Cuba. The Cuban people have long suffered under a Communist regime that suppresses their legitimate aspirations for freedom and prosperity and fails to respect their essential human dignity.
My Administration's policy will be guided by the national security and foreign policy interests of the United States, as well as solidarity with the Cuban people. I will seek to promote a stable, prosperous, and free country for the Cuban people. To that end, we must channel funds toward the Cuban people and away from a regime that has failed to meet the most basic requirements of a free and just society.
In Cuba, dissidents and peaceful protesters are arbitrarily detained and held in terrible prison conditions. Violence and intimidation against dissidents occurs with impunity. Families of political prisoners are not allowed to assemble or peacefully protest the improper confinement of their loved ones. Worshippers are harassed, and free association by civil society organizations is blocked. The right to speak freely, including through access to the Internet, is denied, and there is no free press. The United States condemns these abuses.
The initial actions set forth in this memorandum, including restricting certain financial transactions and travel, encourage the Cuban government to address these abuses. My Administration will continue to evaluate its policies so as to improve human rights, encourage the rule of law, foster free markets and free enterprise, and promote democracy in Cuba.
Sec. 2. Policy.
It shall be the policy of the executive branch to:
(a) End economic practices that disproportionately benefit the Cuban government or its military, intelligence, or security agencies or personnel at the expense of the Cuban people.
(b) Ensure adherence to the statutory ban on tourism to Cuba.
(c) Support the economic embargo of Cuba described in section 4(7) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (the embargo), including by opposing measures that call for an end to the embargo at the United Nations and other international forums and through regular reporting on whether the conditions of a transition government exist in Cuba.
(d) Amplify efforts to support the Cuban people through the expansion of internet services, free press, free enterprise, free association, and lawful travel.
(e) Not reinstate the “Wet Foot, Dry Foot” policy, which encouraged untold thousands of Cuban nationals to risk their lives to travel unlawfully to the United States.
(f) Ensure that engagement between the United States and Cuba advances the interests of the United States and the Cuban people. These interests include: advancing Cuban human rights; encouraging the growth of a Cuban private sector independent of government control; enforcing final orders of removal against Cuban nationals in the United States; protecting the national security and public health and safety of the United States, including through proper engagement on criminal cases and working to ensure the return of fugitives from American justice living in Cuba or being harbored by the Cuban government; supporting United States agriculture and protecting plant and animal health; advancing the understanding of the United States regarding scientific and environmental challenges; and facilitating safe civil aviation.
Sec. 3. Implementation.
The heads of departments and agencies shall begin to implement the policy set forth in section 2 of this memorandum as follows:
(a) Within 30 days of the date of this memorandum, the Secretary of the Treasury and the Secretary of Commerce, as appropriate and in coordination with the Secretary of State and the Secretary of Transportation, shall initiate a process to adjust current regulations regarding transactions with Cuba.
(i) As part of the regulatory changes described in this subsection, the Secretary of State shall identify the entities or subentities, as appropriate, that are under the control of, or act for or on behalf of, the Cuban military, intelligence, or security services or personnel (such as Grupo de Administracion Empresarial S.A. (GAESA), its affiliates, subsidiaries, and successors), and publish a list of those identified entities and subentities with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba.
(ii) Except as provided in subsection (a)(iii) of this section, the regulatory changes described in this subsection shall prohibit direct financial transactions with those entities or subentities on the list published pursuant to subsection (a)(i) of this section.
(iii) The regulatory changes shall not prohibit transactions that the Secretary of the Treasury or the Secretary of Commerce, in coordination with the Secretary of State, determines are consistent with the policy set forth in section 2 of this memorandum and:
(A) concern Federal Government operations, including Naval Station Guantanamo Bay and the United States mission in Havana;
(B) support programs to build democracy in Cuba;
(C) concern air and sea operations that support permissible travel, cargo, or trade;
(D) support the acquisition of visas for permissible travel;
(E) support the expansion of direct telecommunications and internet access for the Cuban people;
(F) support the sale of agricultural commodities, medicines, and medical devices sold to Cuba consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and the Cuban Democracy Act of 2002 (22 U.S.C. 6001 et seq.);
(G) relate to sending, processing, or receiving authorized remittances;
(H) otherwise further the national security or foreign policy interests of the United States; or
(I) are required by law.
(b) Within 30 days of the date of this memorandum, the Secretary of the Treasury, in coordination with the Secretary of State, shall initiate a process to adjust current regulations to ensure adherence to the statutory ban on tourism to Cuba.
(i) The amended regulations shall require that educational travel be for legitimate educational purposes. Except for educational travel that was permitted by regulation in effect on January 27, 2011, all educational travel shall be under the auspices of an organization subject to the jurisdiction of the United States, and all such travelers must be accompanied by a representative of the sponsoring organization.
(ii) The regulations shall further require that those traveling for the permissible purposes of non academic education or to provide support for the Cuban people:
(A) engage in a full-time schedule of activities that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people's independence from Cuban authorities; and
(B) meaningfully interact with individuals in Cuba.
(iii) The regulations shall continue to provide that every person engaging in travel to Cuba shall keep full and accurate records of all transactions related to authorized travel, regardless of whether they were effected pursuant to license or otherwise, and such records shall be available for examination by the Department of the Treasury for at least 5 years after the date they occur.
(iv) The Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, and the Secretary of Transportation shall review their agency's enforcement of all categories of permissible travel within 90 days of the date the regulations described in this subsection are finalized to ensure such enforcement accords with the policies outlined in section 2 of this memorandum.
(c) The Secretary of the Treasury shall regularly audit travel to Cuba to ensure that travelers are complying with relevant statutes and regulations. The Secretary of the Treasury shall request that the Inspector General of the Department of the Treasury inspect the activities taken by the Department of the Treasury to implement this audit requirement. The Inspector General of the Department of the Treasury shall provide a report to the President, through the Secretary of the Treasury, summarizing the results of that inspection within 180 days of the adjustment of current regulations described in subsection (b) of this section and annually thereafter.
(d) The Secretary of the Treasury shall adjust the Department of the Treasury's current regulation defining the term “prohibited officials of the Government of Cuba” so that, for purposes of title 31, part 515 of the Code of Federal Regulations, it includes Ministers and Vice-Ministers, members of the Council of State and the Council of Ministers; members and employees of the National Assembly of People's Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; Director Generals and sub-Director Generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors, and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; and members and employees of the Supreme Court (Tribuno Supremo Nacional).
(e) The Secretary of State and the Representative of the United States to the United Nations shall oppose efforts at the United Nations or (with respect to the Secretary of State) any other international forum to lift the embargo until a transition government in Cuba, as described in section 205 of the LIBERTAD Act, exists.
(f) The Secretary of State, in coordination with the Attorney General, shall provide a report to the President assessing whether and to what degree the Cuban government has satisfied the requirements of a transition government as described in section 205(a) of the LIBERTAD Act, taking into account the additional factors listed in section 205(b) of that Act. This report shall include a review of human rights abuses committed against the Cuban people, such as unlawful detentions, arbitrary arrests, and inhumane treatment.
(g) The Attorney General shall, within 90 days of the date of this memorandum, issue a report to the President on issues related to fugitives from American justice living in Cuba or being harbored by the Cuban government.
(h) The Secretary of State and the Administrator of the United States Agency for International Development shall review all democracy development programs of the Federal Government in Cuba to ensure that they align with the criteria set forth in section 109(a) of the LIBERTAD Act.
(i) The Secretary of State shall convene a task force, composed of relevant departments and agencies, including the Office of Cuba Broadcasting, and appropriate non-governmental organizations and private-sector entities, to examine the technological challenges and opportunities for expanding internet access in Cuba, including through Federal Government support of programs and activities that encourage freedom of expression through independent media and internet freedom so that the Cuban people can enjoy the free and unregulated flow of information.
(j) The Secretary of State and the Secretary of Homeland Security shall continue to discourage dangerous, unlawful migration that puts Cuban and American lives at risk. The Secretary of Defense shall continue to provide support, as necessary, to the Department of State and the Department of Homeland Security in carrying out the duties regarding interdiction of migrants.
(k) The Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Commerce, and the Secretary of Homeland Security, shall annually report to the President regarding the engagement of the United States with Cuba to ensure that engagement is advancing the interests of the United States.
(l) All activities conducted pursuant to subsections (a) through (k) of this section shall be carried out in a manner that furthers the interests of the United States, including by appropriately protecting sensitive sources, methods, and operations of the Federal Government.
Sec. 4. Earlier Presidential Actions.
(a) This memorandum supersedes and replaces both National Security Presidential Directive-52 of June 28, 2007, U.S. Policy toward Cuba, and Presidential Policy Directive-43 of October 14, 2016, United States-Cuba Normalization.
(b) This memorandum does not affect either Executive Order 12807 of May 24, 1992, Interdiction of Illegal Aliens, or Executive Order 13276 of November 15, 2002, Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region.
Sec. 5. General Provisions.
(a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable laws and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register .
Donald J. Trump[FR Doc. 2017-22928 Filed 10-19-17; 8:45 am]
BILLING CODE 4710-10-P
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Este memorando solo «refuerza la agresión y el bloqueo económico que castiga a todo el pueblo cubano y es el obstáculo principal a nuestro desarrollo». Foto: Archivo de Granma «Gracias al liderazgo del Presidente, Estados Unidos se compromete a promover la libertad y la prosperidad en Cuba. Que no quepa duda: bajo el liderazgo del presidente Trump, exigiremos cuenta al régimen ilegítimo cubano y apoyaremos al pueblo cubano en su búsqueda de la libertad y la justicia», dijo en x el secretario de Estado de EE. UU., Marco Rubio.
El «elogio» de Rubio sucedió al titular que anunció, ayer, que «Donald Trump restablece su política dura hacia el régimen cubano». ¿Cuándo abandonó esa dura política la actual administración, o la anterior, o la primera de Trump, o cualquiera de las 12 que han pasado por la Casa Blanca desde 1959?
El último papel sobre Cuba, firmado ayer por el mandamás del imperio, es más de lo mismo. Sus pautas son: libertad para el pueblo, democracia, respeto a los derechos humanos y a la dignidad humana, y protección a disidentes y a «manifestantes pacíficos». Prohíbe legalmente el turismo estadounidense en la Isla, apoya el bloqueo económico, comercial y financiero; impide el restablecimiento de la política «pies mojados, pies secos», restringe las transacciones financieras a Cuba, y le otorga al «dedicado» Rubio la potestad para identificar cualquier entidad que esté bajo el control, o actúe para o en nombre de empresas cubanas, así como para regular sus transacciones financieras.
Respecto a los viajes académicos u otros, incluye que los viajeros deben «participar en un programa de actividades a tiempo completo que mejoren el contacto con el pueblo cubano, mejoren la sociedad civil y promuevan la independencia del pueblo respecto a las autoridades».
Anuncia el ajuste de la regulación que define el término «funcionarios prohibidos del Gobierno de Cuba», en el que se incluyen ministros y viceministros, miembros del Consejo de Estado y de Ministros, miembros y empleados de la Asamblea Nacional del Poder Popular, empleados del Minint y del Minfar, dirigentes de la CTC, miembros y empleados del Tribunal Supremo Nacional; directores, subdirectores y superiores de todos los organismos estatales cubanos; editores jefes, editores y subdirectores de organizaciones y programas de medios de comunicación estatales cubanos.
¿A quién o quiénes quieren engañar? Todo eso lo ha sufrido el pueblo cubano por más de 60 años. Al memorando «novísimo» le falta decir que es el mismo que el de Lester Mallory, en 1960, ese que mandataba a crear el caos, la desesperación. Ahora lo hace persiguiendo cada transacción cubana por el mundo, cayéndole atrás a cualquier fuente de combustible para Cuba, con lo cual busca hacerla inoperante. Le falta por decir que es el responsable de los apagones, el de la especulación financiera que ha creado la inflación en nuestra economía; el culpable de que el transporte pase por una precaria situación.
Le falta por decir que incluir a Cuba en la espuria lista de patrocinadores del terrorismo es parte de esa estrategia de aislarla, de cercenarle su comercio, con el objetivo de mostrar a la Mayor de las Antillas como un Estado fallido.
¿De qué libertad puede hablar el Gobierno que ha mantenido cárceles secretas, que encierra en ellas a cualquiera por cualquier motivo, y sin amparo legal alguno, solo porque no se aviene con sus estrategias de dominación, o porque en su modo neofascista los considera inferiores por ser inmigrantes.
¿Eso es democracia? ¿Es democracia asaltar el poder legislativo porque perdió una elección presidencial?
No se puede llenar la boca de respeto a los derechos humanos y a la dignidad humana el que manda a matar a un pueblo inocente, con sus niños, sus madres, sus ancianos, como el de Gaza, para instalar allí una riviera de grandes lujos.
¿Respeto a la dignidad humana pide el Gobierno que le negó el oxígeno, en medio de la covid-19 a ese pueblo que dice que va a proteger? ¿Acaso eso entiende cuando lanza contra su propia gente a un ejército para aplastar la opinión, cuando lo que piden es un trato justamente humano?
El miembro del Buró Político y ministro de Relaciones Exteriores de Cuba, Bruno Rodríguez Parrilla, dijo en X que este memorando solo «refuerza la agresión y el bloqueo económico que castiga a todo el pueblo cubano y es el obstáculo principal a nuestro desarrollo. Es una conducta criminal y violatoria de los derechos humanos de toda una nación».
This memorandum only “reinforces the aggression and the economic blockade that punishes all the Cuban people and is the main obstacle to our development”. Photo: Granma Archives “Thanks to the President's leadership, the United States is committed to promoting freedom and prosperity in Cuba. Let there be no doubt: under President Trump's leadership, we will hold the illegitimate Cuban regime accountable and support the Cuban people in their quest for freedom and justice,” U.S. Secretary of State Marco Rubio said on X.
Rubio's “praise” followed the headline announcing, yesterday, that “Donald Trump restores his tough policy toward the Cuban regime.” When did the current administration, or the previous one, or Trump's first one, or any of the 12 that have passed through the White House since 1959, abandon that tough policy?
The latest paper on Cuba, signed yesterday by the empire's top man, is more of the same. Its guidelines are: freedom for the people, democracy, respect for human rights and human dignity, and protection for dissidents and “peaceful demonstrators.” It legally prohibits U.S. tourism on the island, supports the economic, commercial and financial blockade; prevents the reestablishment of the “wet feet, dry feet” policy, restricts financial transactions to Cuba, and grants the “dedicated” Rubio the power to identify any entity under the control of, or acting for or on behalf of Cuban companies, as well as to regulate their financial transactions.
Regarding academic or other travel, it includes that travelers must “engage in a full-time program of activities that enhance contact with the Cuban people, improve civil society, and promote the independence of the people from the authorities.”
It announces the adjustment of the regulation defining the term “prohibited officials of the Government of Cuba”, which includes ministers and deputy ministers, members of the Council of State and Ministers, members and employees of the National Assembly of People's Power, employees of the Minint and Minfar, leaders of the CTC, members and employees of the National Supreme Court; directors, deputy directors and superiors of all Cuban state agencies; chief editors, editors and deputy editors of Cuban state media organizations and programs.
Who are they trying to deceive? All this has been suffered by the Cuban people for more than 60 years. The “brand new” memorandum does not even mention that it is the same as the one issued by Lester Mallory in 1960, the one that commanded the creation of chaos and desperation. Now he is doing it by chasing every Cuban transaction around the world, by falling back on any source of fuel for Cuba, with which he seeks to make it inoperative. He has yet to say that he is responsible for the blackouts, for the financial speculation that has created inflation in our economy; he is to blame for the precarious situation of transportation.
He has yet to say that including Cuba in the spurious list of sponsors of terrorism is part of that strategy to isolate it, to cut off its trade, with the aim of showing the largest island in the Antilles as a failed state.
What freedom can the government that has kept secret prisons, that locks up anyone in them for any reason, and without any legal protection, just because they do not agree with its strategies of domination, or because in its neo-fascist way it considers them inferior for being immigrants, speak of.
Is that democracy? Is it democracy to assault the legislative power because he lost a presidential election?
The one who sends to kill an innocent people, with their children, their mothers, their elderly, like the one in Gaza, in order to build a luxurious resort there, cannot talk about respect for human rights and human dignity.
Respect for human dignity is asked by the government that denied oxygen, in the midst of the covid-19 to the people it says it is going to protect? Does it understand that when it launches an army against its own people to crush the opinion, when what they ask for is a just and humane treatment?
Cuba's Political Bureau member and Foreign Minister Bruno Rodríguez Parrilla said in X that this memorandum only “reinforces the aggression and the economic blockade that punishes all the Cuban people and is the main obstacle to our development. It is a criminal behavior that violates the human rights of an entire nation”.
- It lists Cuba as a state sponsor of terrorism and cites its failure
to cooperate or share sufficient law enforcement information with the
United States, its historical refusal to accept back its removable
nationals, and its high visa overstay rate.
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