Helms Burton Act

Several days ago, George Bush ordered the toughening of sanctions against Cuba. This embargo implemented in 1962 under the JFK administration has failed to break the will of the Cuban people. Rather it has strengthened their resolve and although the Cubans have eked out a living over the past four decades, the embargo has lost its intent and purpose. The continuing hard line taken by Bush mirrors the actions of past administrations. No one wants to be seen as suffering the indignity of softening up to Cuba. Even Bush lacking the political savvy of his predecessors is aware of this. Hence, the call for enforcing the sanctions continues as long as it suits the political climate.

The Cuban Liberty and Democratic Solidarity Act more commonly referred to as the Helms-Burton Act has a provision that gives US Citizens the right to seek redress in a court of law against any person who traffics in confiscated property. The main thrust of this act co-sponsored by Jesse Helms gives the US Government a platform to launch extraterritorial actions against foreign companies operating in “Rouge” countries.

Within the language of this rather draconian act is a caveat ‘Title III” that allows for a waiver of this provision every six months. Bill Clinton used the waiver every six months ever since this act was passed in the spring of 1996. George Bush had an opportunity to be different, but on the eve of the G8 Summit in Genoa, he waived “Title III”. Maybe he has honed his political acumen or his advisers have developed a better understanding of the prevailing external consternation most particularly that emanating from Europe.

Of equal importance and concern, is “Title IV” which bars entry into the US of person(s) who have confiscated property of US Citizenry or those who traffic in same. This has far reaching implications as the word used “Traffic” encompasses and connotes many varied meanings and definitions. To this end numerous high profile European and Canadian corporations, their officials and directors, their families and yes even their minor children have been blacklisted. The reason; they chose to conduct legal business and trade in and with Cuba.

On the eve of the G8 summit, the Bush administration is playing it coy. They refuse to confirm or deny whether Sol Melia, a Spanish Resort chain and the largest hotel operator in Cuba is on the “Title IV” list. Bush is certainly not as stupid as he once sounded. Will there be a waiver on “Title IV”? That’s up to the Bush Administration. The consequences for the US are being voiced openly by its allies. Most European nations, Canada and Mexico have grown weary of this act of American bullyism and the sooner it disappears, the better.

Several months ago, Richard Goodwin who served as an Aide to John F Kennedy wrote a piece about the embargo in the New York Times. About it, he stated “Frozen in place for four decades, long after the reasons for it had evaporated”. He went on further to state, “one weapon in an arsenal that included assassinations, sabotage of the Cuban economy, guerilla infiltration; a kind of state sponsored terrorism. None of it worked”.

It has not worked for four decades, why persist?

Jay Mobeen

2 Responses to “Helms Burton Act”

  1. Mary Ann says:

    Sol Melia is operating hotels on beachfront property in Holguin province that was confiscated by Castro without compensation to its owners at the beginning of the revolution. The property had been in the family for over a 100 years.

    Sol Melia and others like them should choose wisely were they decide to set up shop. They will be in a legal mess when Castro falls and former property owners sue them over land rights.

  2. Eolande says:

    Good for people to know.

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