Vy THE IMPLEMENTATION OF THE CUBAN UBERTY AND DEMOCRATIC SOUDARITT (UBERTAD) =^_^_^ ACT OF 1996 Y 4. IN 8/16; C 89/12 The Inplenentation of the Cuban Lib... HEAKING BEFORE THE SUBCOMMITTEE ON THE WESTERN HEMISPHERE OF THE COMMITTEE ON INTERNATIONAL RELATIONS HOUSE OP REPRESENTATIVES ONE HUNDRED FOURTH CONGRESS SECOND SESSION JULY 11, 1996 Printed for the use of the Committee on International Relations oecf, % U.S. GOVERNMENT PRINTING OKKICE 26-942CC WASHINGTON 1996 : ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-053638-3 THE IMPLEMENTATION OF THE CUBAN UBERTY AND DEMOCRATIC SOUDARITT (UBERTAD) ACT OF 1996 ^^^^^^^^^^^^^^ Y 4. IN 8/16: C 89/12 The Inplenentation of the Cuban Lib... HEARING BEFORE THE SUBCOMMITTEE ON THE WESTERN HEMISPHERE OF THE COMMITTEE ON INTERNATIONAL RELATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTH CONGRESS SECOND SESSION JULY 11, 1996 Printed for the use of the Committee on International Relations U.S. GOVERNMENT PRINTING OFFICE 2&-942CC WASHINGTON : 1996 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentotDocuments,CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-053638-3 COMMITTEE ON INTERNATIONAL REI^TIONS BENJAMIN A. Gil.MAN, New York, Chairman WILLIAM F. GOODLING. Pennsylvania LEE H. HAMILTON, Indiana JAMES A. LEACH, Iowa SAM GEJDENSON, Connecticut TOBY ROTH, Wisconsin TOM LANTOS, California HENRY J. HYDE, Illinois ROBERT G. TORRICELLI, New Jersey DOUG BEREUTER, Nebraska HOWARD L. BERMAN, California CHRISTOPHER H. SMITH, New Jersey GARY L. ACKERMAN, New York DAN BURTON, Indiana HARRY JOHNSTON, Florida JAN MEYERS, Kansas ENI F.H. FALEOMAVAEGA. American ELTON GALLEGLY, California Samoa ILEANA ROS-LEHTINEN, Florida MATTHEW G. MARTINEZ, California CASS BALLENGER, North Carolina DONALD M, PAYNE, New Jersey DANA ROHRABACHER, California ROBERT E. ANDREWS, New Jersey DONALD A. MANZULLO, Illinois ROBERT MENENDEZ, New Jersey EDWARD R. ROYCE, California SHERROD BROWN, Ohio PETERT. KING, New York CYNTHIA A. McKINNEY, Georgia JAY KIM, California ALCEE L. HASTINGS, Florida SAM BROWNBACK. Kansas ALBERT RUSSELL WYNN, Maryland DAVID FUNDERBURK, North Carolina JAMES P. MORAN, Virginia STEVEN J. CHABOT, Ohio VICTOR O. FRAZER, Virgin Islands (Ind.) MARSHALL "MARK" SANFORD, South CHARLIE ROSE, North Carolina Carolina PAT DANNER, Missouri MATT SALMON, Arizona AMO HOUGHTON, New York TOM CAMPBELL, California Richard J. Garon, ChiefofSlaff Michael H. Van DUSKN, Democratic ChiefofStaff Subcommittee on the Western Hemisphere DAN BURTON, Indiana, Chairman ILEANA ROS-LEHTINEN, Florida ROBERT G. TORRICELLI, New Jersey CASS BALLENGER, North Carolina ROBERT MENENDEZ, New Jersey CHRISTOPHER H. SMITH, New Jersey ALBERT RUSSELL WYNN, Maryland ELTON GALLEGLY, California TOM LANTOS, California PETERT. KING, New York MATTHEW G. MARTINEZ, California JAY KIM, California CHARLIE ROSE, North Carolina DAVID FUNDERBURK, North Carolina GILEAD KaPKN, Subcommittee StaffDirector SCOTT Wilson, Democratic Professional StaffMember Scott FEENEY, Professional StaffMember Anita Winsor, StaffAssociate (II) CONTENTS witnp:sses Page Hon. Lincoln Diaz-Balart, a Representative in Congress from the State of Florida 7 Hon. Peter Deutsch, a Representative in Congress from the State ofFlorida ... 9 Michael Ranneberger, Coordinator for Cuban Affairs, Department ofState 10 APPENDIX Prepared statements: Hon. Benjamin A. Gilman, a Representative in Congress from the State ofNew York, and Chairman, Committee on International Relations 25 Michael Ranneberger 27 Material submitted forthe record: Words and Deeds on Cuba Since the March 12, 1996, Approval of the "Cuban Liberty and Democratic Solidarity(L1BP:RTAD) Act of 1996" .... 33 A Report on the Immediate Impact ofthe Cuban Libertv and Democratic Solidarity (LIBERTAD) Act by the Cuban American National Founda- tion, July 1996 53 (III) THE IMPLEMENTATION OF THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996 THURSDAY, JULY 11, 1996 House of Representatives, Subcommittee on the Western Hemisphere, Committee on International REij>kTioNS, Washington, DC. The subcommittee met, pursuant to call, at 1:35 p.m. in room 2359, Raybum House Office Building, Hon. Dan Burton, chairman ofthe suDcommittee, presiding. Mr. Burton. This hearing will be called to order. I welcome all of you to this very important hearing of our sub- committee. In just 4 days, the President of the United States will have to make a very crucial decision regarding implementation of the Cuban Liberty and Democratic Solidarity Act. This law has traveled through a very longjourney. This is its final act. The aim of our bill, which is now law, is to promote freedom and democracy and human rights in Cuba. The evidence so far indi- cates that the Libertad Act is already having a very positive effect. The law is having a chilling effect on many potential investors in Cuba and this will deny Fidel Castro the hard currency that he needs to survive. The credibility of this Administration and of U.S. policy toward Cuba is now on the line. Title III represents the teeth of our legis- lation. The President can strike a blow for freedom by allowing Title III to take effect next week. The implication of delaying the implementation of Title III is very grim. Such a move would represent a clear-cut victory for the tyrant, Fidel Castro. Furthermore, it would erode our nation's pres- tige by creating the impression that the President of the United States is caving in to foreign pressure. Mr. President, do the right thing. Allow the law which you signed to fully go into effect. We are pleased to have one of the fighters for this legislation with us, Mr. Lincoln Diaz-Balart of Florida, one of the prime au- thors of our bill, and Mr. Peter Deutsch, a tireless fighter for free- dom in Cuba. Also testifying will be Mr. Michael Ranneberger, Co- ordinator for Cuban Affairs at the Department ofState. We will start off with Ileana Ros-Lehtinen, who has also worked very tirelessly on this legislation. Representative Ros-Lehtinen. Ms. Ros-Lehtinen. Thank you so much, Mr. Chairman. I thank you for calling this important hearing in which we will continue (1) our efforts to monitor the implementation of this very important bill, the Burton-Helms Law. Tough monitoring of the Administra- tion's Cuba policy is always critical no matter what Administration it may be, Democrat or Republican, in order to make sure that every important provision of the laws that we pass is implemented to the "T" and not just a combination of words on a piece of paper. Mr. Chairman, we all know that the shootdown of two unarmed Brothers to the Rescue civilian aircraft on a humanitarian mission over international waters last February 24 was a crucial event that finally inspired President Clinton to support this legislation. We congratulate him for his leadership on this effort. And it is new worrisome information that we have received in the past few days about the tragic events that have recently come to surface. This past week, we learned that American government radar in Riverside, California, actually spotted the two Cuban MIG's pursu- ing three Brothers to the Rescue aircraft. And the citing of the MIG's identified by a U.S. Customs official led to the making of an emergency phone call to the Southeast Air Defense Sector Head- quarters ofthe United States at Tyndall Air Force Base in Panama City, Florida. The Customs official was told, "Yes, we know. We're taking care ofit." But, unfortunately, nothing was done. We also learned that the Cuban MIG's followed the third Broth- ers to the Rescue aircraft piloted by Jose Basulto, president of Brothers to the Rescue, to within 25 miles of U.S. shores, yet noth- ing was done. We have written to Defense Secretary William Perry and to the Director of the CIA, John Deutsch, asking them to give us a de- tailed explanation of why Cuban fighterjets were identified by U.S. Government officials, yet the U.S. officials decided not to respond. Had we responded, four human lives could have been spared. Congressman Dan Burton will hold a hearing in the coming weeks on this issue and Mr. Basulto will be sharing the evidence that was presented in his case with us. I think it is important that we look into why no action was undertaken to prevent this tragedy from occurring; a tragedy which the International Civil Aviation or- ganization concluded was a horrible violation of international law by the Castro regime, one of the many in the tyrant's long and bloody history. And my friend and colleague, Congressman Lincoln Diaz-Balart, has also been leading the charge to investigate the ties between Castro and the GAS General Secretary, Cesar Gaviria, that re- sulted in Castro giving safe haven to the terrorists who kidnapped Mr. Gaviria's brother, demonstrating once again that the island continues to be a paradise for criminals and the anti-democratic revolutionaries. And we all join Congressman Diaz-Balart in a letter asking for a detailed explanation from Mr. Gaviria to investigate if there was any relationship between the OAS resolution condemning our legis- lation, Helms-Burton, and the release of the kidnapped gentleman. And I am sure that he will be talking to us about that. But, as of now, we do not have a response on our many petitions. In addition to continuing to harbor terrorists, Castro continues with his goal of completing the Juragua nuclear plant in Cuba, for which he has recruited his American sympathizers to distort the truth about the dangers of this station. Independently of the con- stant Machiavellian acts committed by the Castro tyrant, many of our allies continue almost obsessively to defend the dictator and their rights to exploit the American expropriated property and the Cuban labor force. Canada and Mexico have recently made outrageous statements full of empty threats in an attempt to pressure and scare the Ad- ministration into waiving parts of the legislation which will deny Americans our day in court. We have even had a c—hurch group in Canada initiating a travel boycott to our—home State Mr. Deutsch, Mr. Diaz-Balart and my State of Florida in protest of Helms-Bur- ton. How ironic that church groups have decided to support an atheist tyranny which has persecuted religious leaders for decades, instead of standing in support ofthe oppressed Cuban people. Our European allies, represented by members of that continent's Parliament, have been—in Washington all week doing the same thing. A number —of us Congressman Burton, Mr. Menendez, Mr. Diaz-Balart and I met with members of the European parliament today and we were very clear with them that their attacks on their sovereignty are bogus claims. Helms-Burton does not prohibit them from investing in Cuba. It simply penalizes them for trafficking in U.S.-confiscated properties. All nations have a right to protect their citizens' property and the United States is no exception. Thus, we will exercise that right. Many of our allies continue to enrich themselves by raping Cuba's national assets and exploiting the Cuban worker. Yet, time and time again, their silence over Castro's human rights abuse is deaf- ening. While the U.N. Human Rights Rapporteur for Cuba and other human rights organizations are denied entry to Cuba, which Con- gressman Menendez, once again, so eloquently pointed out in Gene- va; Canadian, Mexican and European tourists roam freely in the is- land, enjoying amenities that the Cuban people can only dream of. These allies wish to continue to use illegally confiscated American property and build hotels, which the Cuban nationals are not al- lowed to enter, on beautiful Cuban beaches, which Cubans are not allowed to enjoy. And even a person who does not normally agree with our philoso- phy, journalist and humorist P. J. O'Rourke, wrote recently on Cas- tro's tourism in this recent edition of Rolling Stone, and I am going to read: "If I were designing Communist systems (what a hobby)," he says, "I'd at least let people visit the hotel they all theoretically own in common. But ordinary Cubans can't enjoy the Nationale or its several acres of seaside gardens unless, of course, they are rest- room attendants, or gardeners, or so forth." He also says, "I drove through Centra Habana. In 1991, Fidel Castro told Mexican journalist Beatriz Pages, 'The other Latin American countries have tens of millions of beggars. Cuba has none. In other Latin American countries, you see children cleaning car windshields, running among the cars to do that. No longer do we have that." And he says, "I stopped at a red light. Children ran among the cars cleaning windshields." — — And he contin—ues on and I hope that all of y—ou get it it is in the recent issu—e and what he continues saying and I know that my time is up he talks about the Cuban rationing system which he says is very simple, 'They're out ofeverything." It is time for our allies, Mr. Chairman, to know that the United States will no longer stand idly by while they traffic in American property and helping the Cuban tyrant. All they are doing is ex- tending the suffering of people mentioned in Mr. O'Rourke's article and the rest ofthe Cuban people. I congratulate the Administration for yesterday's valiant decision in denying entry to the United States, denying top executives of Sheritt Corporation in Canada unless they disinvest. And the Sheritt director, Ian Delaney, was quoted as saying, "Castro, the Cuban leader, is an amazing guy. Charismatic, charming, a terrific listener." He certainly listens to the ring of the cash register of Sheritt and the other immoral investors. I hope that this is only the first of many companies who deserve similar penalties and it signifies that the Administration will not buckle to the pressure of these foreign nations to weaken Helms- Burton by waiving Title III of the legislation. I look forward to hearing from our testimony today and hope that the Administra- tion will make the morally correct, and the legally correct, decision in implementing fully, 100 percent, Helms-Burton. Mr. Burton. Thank you. Representative Ros-Lehtinen. And now our good friend, Bob Menendez, who was very instru- mental in getting our bill passed. Mr. Menendez. Thank you, Mr. Chairman. I, too, want to commend you for holding this timely hearing. It is ironic that we are sitting in the Small Business room as it re- lates to some ofthe issues that are at hand. This act passed the House and the Senate with strong bipartisan support. In the House, the Libertad Act received an overwhelming 336 votes and in the Senate, it received 74. I am confident that the Administration will continue to fully implement every aspect of the act. It has done so despite every major newspaper and media outlet railing against it. It has done so despite every foreign ally that we have railing against it. It has done so despite significant economic interests in this country railing against it. And, to its credit, the Administration has done the right thing to-date. Yesterday, the Administration sent another message; that the United States will not tolerate those who continue to traffic in the illegally expropriated property or, as I prefer to say, stolen property ofAmerican citizens and businesses. The Title IV determinations sent to nine Sheritt International of- ficers, including the chairman and CEO, Ian Delaney, senior com- pany officers and members of the Board of Directors will prohibit these individuals from entering the United States. Title IV offers companies a clear choice: observe U.S. law or have your rights to visit and conduct business in the United States revoked. Sheri.tt has made its choice. There will be more companies like Sheritt and many with fewer financial resources. These companies will have to re-think their Cuban investment into the stolen property of American citizens and companies.