New York, 9 September 2016. On December 17, 2014, within the process of reestablishment of relations between Cuba and the United States, President Barack Obama acknowledged the failure of the traditional U.S. policy towards Cuba and promised to undertake a debate in Congress in order to lift the Embargo. Following this new approach, the President announced several executive measures aimed at modifying the implementation of some of its aspects.
During 2015 and 2016, the Departments of the Treasury and Commerce made several amendments to the regulations on Cuba, which despite being positive steps, are not enough. The validity of the laws and the numerous restrictions derived from the implementation of the Embargo policy are relevant obstacles for the implementation of such measures.
In the area of travel, for instance, U.S. citizen visits to Cuba were authorized under general licenses for the 12 existing categories authorized by law. Nonetheless, the prohibition on U.S. citizens to travel freely to Cuba, according to U.S. law, persists.
Likewise, there have been changes in the financial area as to the implementation of the Embargo, throughout the authorization to use US dollars in Cuba’s international transactions and the possibility for U.S. banks to provide loans to Cuban importers, of certain authorized U.S. products. There has been no possibility to put these measures into practice on account of the negative effects of the strengthening of the financial persecution against Cuban transactions, during the last 7 years, and its marked extraterritorial nature. This is still evidenced in the continued rejection of US banks, and that of other countries, to make transferences involving Cuba even in currencies other than the US dollar.
The President of the United States has broad executive powers which would allow him, if determined, to substantively dismantle the implementation of the Embargo policy, although its total elimination requires a decision by Congress.
Among others, Obama could revert the policy of financial persecution against Cuba; authorize U.S. companies to invest in Cuba; or authorize U.S. citizens to receive medical treatment in Cuba.
The process towards normalization of bilateral relations between Cuba and the United States requires the lifting of the Embargo. This policy constitutes the greatest obstacle for Cuba’s economic, commercial and financial relations with the US and the rest of the world, as well as, for the development of all the potential of the Cuban economy and the wellbeing of our people. (Permanent Mission of Cuba to the United Nations).