One of the principles accepted in International Law since the London Naval Conference of 1909 defines that "the blockade is an act of war". However, since February 3, 1962, when President John F. Kennedy stamped his signature, decreeing this illegal policy against Cuba, the continuous tenants of the White House, both Republicans and Democrats, ratified it under the hackneyed and false pretext that it is a "bilateral matter".
The then President of the United States, fulfilling the mandate given to him by the US Congress, by means of Section 620a of the Foreign Assistance Act of September 1961, officially declared the total blockade against Cuba as of 12:01 on February 7, 1962, although the presidential order had been signed on the 3rd.
Since that date, the U.S. blockade has been the main obstacle to the development of the Caribbean island. We are talking about more than sixty years of attempted economic asphyxiation, financial persecution, lack of food and medicine, the impossibility of obtaining spare parts for deteriorating machinery or public transportation, the lack of school materials, or, in many cases, the restrictions imposed on those who wish to make donations in solidarity....
In the face of so much cruelty, Cubans have been creative and have firmly resisted the onslaught of the worst of the economic encirclement that has tried to drown the nation.
The concern for health, the indisputable scientific results, the educational training, the implementation of dozens of cultural projects; and, above all, the solidary contribution of doctors and educators to the farthest corners of the world, among many other reasons, have ratified the humanist essence of the Cuban Revolution in the most difficult circumstances.
After the disappearance of the socialist camp and the Soviet Union, Cuba had to face the most severe economic situation in its history. In order to liquidate the Revolution, the United States tightened even more its criminal blockade. The rebellious and heroic island was left practically alone. Those were very hard years, with enormous shortages, but the country was able to overcome the most complex obstacles.
Contrary to the bets of the enemies of the Cuban Revolution, its people not only resisted standing up, but also overcame adversities without losing hope or solidarity. And, above all, because it had a great conductor of the ship in the midst of the greatest storms, Commander in Chief Fidel Castro, together with other leaders loyal to their people.
To paralyze the country, that was the purpose they did not achieve. During these six decades of inhuman policy, Cubans have seen every day of our existence marked by the enormous damage of that inhuman U.S. policy. But it is also true that, as long as the blockade exists, Cuba will continue to denounce, confront and defeat it.
On November 2 and 3, the United Nations General Assembly will be considering for the 30th time the agenda item entitled "Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba".
This is taking place in a complex context, marked by the devastating effects of hurricane Ian and the impacts of a multidimensional global crisis. In that scenario, we Cubans are suffering the intensification of that blockade, which has been intensified since the second half of 2019, based on a policy of the preceding Republican Government of the United States, deliberately seeking the collapse of the Cuban economy and the country, without measuring the serious humanitarian consequences or the impacts of that objective, "which will never be achieved, but which would undoubtedly cause unpredictable consequences", as Foreign Minister Bruno Rodríguez Parrilla warned a few days ago.
The blockade is the central element that defines the nature of U.S. policy towards the island. Today the policy of President Joseph Biden is regrettable and the same Republican strategy is harshly applied. No changes have been introduced in that policy that affects the daily life of every family, of every sector of the economy, of every social project in the country.
Beyond the millions of dollars that have damaged our economic development, each Cuban has his or her own experience of Washington's hostile policy: the medicine we lack, the school supplies, the industry that has stopped because of the equipment we could not buy, the housing that was not built, the transportation lacking spare parts, the electric power situation?
While the White House rigorously applies its script against Cuba, within the U.S. society a good part of its citizens, and an even larger part of the Cuban emigration in the U.S., favors the normalization of bilateral relations. In the US Congress, which passed into law the provisions of the blockade, there are also congressmen opposed to that policy.
Contrary to what Washington pretends to present, the blockade is not a bilateral issue between the two countries. Its extraterritorial nature is maintained and it is used with total impunity, in blatant violation of International Law. It is the most unjust, severe and prolonged system of unilateral sanctions ever applied against any nation.
Contrary to what some believe and others manipulate, the actions taken against Cuba by successive U.S. administrations do not fall within the definition of "embargo". On the contrary, they transcend it and are typified as a "blockade" by pursuing the isolation, asphyxiation and immobility of the nation, with the perverse purpose of suffocating its people and leading them to give up their decision to be sovereign and independent.
The Torricelli Law enacted in 1992 reinforced the economic measures against Cuba and provided regulatory support for the extraterritoriality of the blockade. Four years later, in 1996, the Helms-Burton Act was put into effect, with the essential objective of hindering and discouraging foreign investment in the island, as well as internationalizing the blockade.
The current scenario is very complex, but once again Cuba reiterates that it will never make concessions inherent to its principles of independence and sovereignty. If the blockade is not lifted, we Cubans will continue to build a country under the most difficult circumstances, because this people, with unequalled dignity, long ago defeated that absurd policy of Washington.
Keys to understand the US blockade against Cuba:
What does the US Blockade imposed on Cuba consist of?
A set of measures of coercion and economic aggression, which entail genocidal conduct. It aims at the "isolation", "asphyxiation" and "immobility" of Cuba.
When is the blockade of Cuba implemented?
Since the partial blockade to subdue the Cuban people was unsuccessful, the then President of the United States, J. F. Kennedy, fulfilling the mandate given to him by the United States Congress, by means of Section 620a of the Foreign Assistance Act of September 1961, declared the total blockade against Cuba as of 12:01 a.m. on February 7, 1962. The presidential order had been signed on February 3.
Why is it a Blockade and not an Embargo?
The actions taken against Cuba by the Government of the United States do not fall within the definition of "embargo": Cuba has not been and is not a threat to the security of the United States, and therefore it is contrary to international law to pretend to apply measures of legitimate self-defense.
The United States uses the figure of "embargo" to avoid recognizing that it applies wartime measures to Cuba. On the other hand, the "isolation, asphyxiation and immobility" to which Cuba is subjected do typify a "blockade", which means cutting off, closing off, cutting off communication with the outside world.
What is the objective pursued with the implementation of the blockade?
To intentionally subject the Cuban people to conditions of existence that may cause them physical harm, total or partial; to weaken their decision to fight and win and to lead them to give up their decision to be sovereign and independent.
Why is the U.S. blockade against Cuba not a bilateral issue?
The US government insists on manipulating the truth and the blockade persists, with the Cuban family being the most affected. The purpose is to generate the image that the Revolution and socialism are economically inefficient and cannot solve the needs of the people; in reality, Cuba is the victim of a coercive unilateral policy with extraterritorial implications that violate international law. No country in the world has ever been subjected to such an iron blockade and for such a long period of time.
Contrary to what Washington would have Washington believe, the blockade is not a bilateral issue between the United States and Cuba. Its extraterritorial nature is maintained and applied with full rigor, with total impunity and in flagrant violation of International Law.
Why is the blockade imposed on Cuba illegal?
- The blockade prevents Cuba, by different means, from developing economic, commercial and financial links with third parties, with the aim of forcibly or starving the country into submission.
- The U.S. legislative framework that legally sustains the blockade against Cuba insists on calling this unilateral sanction an "embargo", applying wartime measures to Cuba in peacetime.
- There has been no norm in the international order that endorses the blockade in times of peace.
- Cuba does not represent and has not represented a threat to the national security of the United States, nor are there any arguments to support the prolongation of a situation of national emergency.
- The blockade against Cuba violates the human rights of the Cuban people.
- The blockade contravenes the fundamental principles and rights of international law: Principle of sovereign equality, Principle of non-intervention, Principle of Independence and Right to nationalization.
Chronology of the blockade:
1959
- June 11, 1959: In the context of the application of the Agrarian Reform Law decreed in May 1959, the US threatened with the reduction of the sugar quota, the prohibition of US private investment and the elimination of all types of economic aid, if US properties were nationalized without prompt compensation.
- November 13, 1959: As part of a series of maneuvers aimed at hindering Cuba's acquisition of weapons necessary for its defense against counterrevolutionary activities and pirate air raids, the US government pressured the UK government to prevent the sale of 15 fighter planes to Cuba.
1960
- May 26, 1960: The U.S. Embassy in Havana issued a note informing that the Mutual Security Act of 1960 states that no assistance will be given to Cuba unless the President determines that it is in the national and hemispheric interest of the United States.
- June 29, 1960: The US firms TEXACO, ESSO and SHELL, traditional suppliers of oil to Cuba, interrupted the supply of the product and refused to process the crude oil acquired in the USSR, as a result of the pressures exerted by the US government.
- July 6, 1960: Public Law 86-592 was passed which amended Section 408 of the Sugar Act of 1948 and authorized the President of the United States to determine the Cuban sugar quota for the remainder of 1960 and the first quarter of 1961, based on the national interest and independently of any other quota provisions (74 Stat. 330).
Based on the authority conferred by the Sugar Act of 1948, as amended, President Eisenhower fixed Cuba's sugar quota for the year 1960 at 39,752 short tons, plus any sugar certified for entry prior to July 3, 1960, which had not yet entered, or was in storage for consumption.
Such measure, dictated by Presidential Proclamation 3355 (25 FR 6414) implied the reduction by 700 thousand short tons of the original quota of 3 million 119 thousand 655 short tons; a figure which represented 95% of the remaining tonnage to be exported to the United States that year, and reduced such imports to zero. A consignment of 2,379,903 short tons, gross value, had been certified under regulations issued by the Secretary of Agriculture (7 CFR 817).
- September 2, 1960: The Department of Commerce issued an order eliminating general licenses for exports to Cuba of certain motor vehicles and their functional parts, for which it required validated licenses. (25 FR 8638).
- September 7, 1960: The Department of the Treasury, in order to facilitate the enforcement of the Department of Commerce export regulations, issued a provision that included Cuba in a list of countries to which vessels would not be cleared through customs until the export waybills and all required export declarations were complete.
- September 29, 1960: The U.S. government notified the Cuban government of its decision to suspend operations at the U.S.-owned Nicaro nickel concentration plant.
- September 30, 1960: The State Department announced that it had recommended that U.S. citizens "refrain from travel to Cuba unless there are compelling reasons to do so".
- October 20, 1960: The Department of Commerce amended the Export Regulations, and provided for strict and total controls establishing a ban on exports to Cuba, except for certain specified non-subsidiary foods, medicines and medical supplies. (25 FR 10006).
- November 60: The Postal Department Regulations are amended (25 FR 10991) and the first restrictive measures on postal service from the U.S. to Cuba are implemented, placing Cuba among the countries to which exports from the U.S. are subject to particular restrictions. Since the enactment of this provision, a general license is required for gifts, including food, clothing, medicines and drugs.
- December 16, 1960: In accordance with the powers conferred by the Sugar Act of 1948, the U.S. President issued Presidential Proclamation 3383 (25 FR 13131) which reduced the Cuban sugar quota to zero for the first quarter of 1961.
1961
- January 3, 1961: The US government announced the severance of diplomatic and consular relations with the government of Cuba.
- January 16, 1961: In Press Release No. 2491 the State Department announced that due to the severance of diplomatic relations and given its inability to extend normal protective services to Americans visiting Cuba, citizens wishing to make such a trip should obtain passports specifically endorsed by the State Department. It was reported that all outstanding passports, except those of U.S. citizens remaining in Cuba, were being declared invalid for travel to Cuba unless specifically endorsed for that purpose.
Exempted from these regulations were persons whose travel might be considered in the best interest of the United States, such as journalists or merchants with previously established business interests. It was indicated that this action had been taken in accordance with the normal State Department practice of limiting travel to those countries with which the United States does not maintain diplomatic relations.
- February 15, 1961: President Kennedy, in a Memorandum to Special Assistant for National Security Affairs McGeorgeBundy, requested to know whether it would "save valuable dollars in gold reserves" and also "make things more difficult for Castro" if the United States were to discontinue purchases of tobacco, vegetables, fruits and other goods from Cuba. (Memorandum to McGeorgeBundy, Special Assistant for National Security Affairs, from the White House February 15, 1961, NSA).
- February 23, 1961: The Department of Commerce amended the Export Regulations, and provided that exports to Cuba could not be made under general license. (26 FR 2311).
- February 24, 1961: Secretary of State DeanRusk sent a Memorandum to the White House favoring an "embargo" on Cuba. He indicated that import cuts could exacerbate Cuba's already precipitous external reserve position and would be worth any adverse regional consequences. (Morris Morley, P. las).
- March 2, 1961: The U.S. government announced that it was considering, in the case of Cuba, the application of the Trading with the Enemy Act.
- Mar. 10, 1961: The Department of Commerce amended the Export Regulations, including a list of food and medicinal products requiring a general license for export to Cuba (26 FR 2310).
- March 31, 1961: Public Law 87-15 was passed to amend Section 408 of the Sugar Act of 1948, and extended presidential authority to establish the Cuban sugar quota until June 30, 1962; it was also established that sugar supplies were not to be acquired in any country with which the United States did not have diplomatic relations (75 Stat. 40). (The severance of diplomatic relations with Cuba had taken place on January 3, 1961).
- March 31, 1961: In accordance with the provisions of the Sugar Act of 1948, as amended on this date, the U.S. President issued Presidential Proclamation 3401 and determined that for reasons of national interest, for 1961, the amount of sugar quotas for Cuba would be zero.
- May 13, 1961: Charles Bowles, Acting Secretary to the President, wrote a Memorandum for President Kennedy to determine the possibility of applying the Mutual Defense Assistance Act, known as the BattleAct, to Cuba. Its terms established that it could be applied to any nation that threatened the security of the United States; and its application would require the United States to inform the countries receiving foreign aid of Cuba's inclusion in the Act and request their cooperation in extending an embargo on shipments of arms and strategic materials to Cuba; while at the same time establishing as mandatory the cutting off of all foreign aid to any country that, knowing of these provisions, did not cooperate.
- September 4, 1961: The U.S. Congress passed the Foreign Assistance Act of 1961 (75 Stat. 444; 22 USC 2370), which in Section 620 (a) prohibited all assistance to the government of Cuba and as a means of implementing and carrying out such policy, authorized the U.S. President to establish and maintain a total embargo on all trade between the United States and Cuba. Sub-section (b) prohibited assistance to the government of any country unless the President determines that it is not dominated or controlled by the international communist movement. Sub section c) prohibited assistance to any country indebted to any citizen of the United States for goods or services provided when such citizen has exhausted all available legal means and the debt is not denied or disputed by that government.
- December 1, 1961: Under the authority conferred by the Sugar Act of 1948, as amended, the U.S. President issued Presidential Proclamation 3440 (26 FR 11714), and determined it to be in the national interest to set the Cuban sugar quota at zero until June 30, 1962.
- December 21, 1961: The Kennedy Administration, in an effort to further tighten the embargo on Cuba, banned for 90 days the exports of certain businesses and individuals from the United States. The Commerce Department required U.S. producers and suppliers traditionally involved in trade with Cuba to inquire of customers as to the destination of products purchased, and to report "questionable transactions" to the Agency. (New York Times, 12.21.61).
Because U.S. corporations were reporting unusually large requests from third parties for goods known to be needed in Cuba, Washington was prepared to subsidize, where possible, losses incurred by companies forced to terminate their trade with Cuba. For example, when honeys were included in the embargo, Publicker Chemical Corporation needed an alternative market. The U.S. government agreed to sell surplus corn to the Corporation "as a loss in substitution for the honeys in the production of industrial alcohol". (Morris Morley, Imperial State and Revolution: The United States and Cuba, 1952-1986, Cambridge University Press, Cambridge, 1987).
1962
- February 3, 1962: Under the legal authority of Section 620 (a) of the Foreign Assistance Act of 1961, President John F. Kennedy decreed Presidential Proclamation 3447 (27 FR 1085) which imposed the blockade on trade between the United States and Cuba; he instructed the Secretary of the Treasury to implement it with respect to imports, and the Secretary of Commerce to continue the "embargo" previously imposed on exports. The Secretaries of Commerce and the Treasury were also authorized to administer and modify the embargo. Proclamation 3447 went into effect on February 7.
- February 6, 1962: The Treasury Department promulgated the Cuban Import Regulations (27 FR 1116), which prohibited the importation by the United States of all merchandise of Cuban origin. According to the provisions issued, the embargoes establish that all items to be embargoed transactions are subject to prior approval of a transaction-specific license, which may or may not be granted. In the case of Cuba, the general policy was to deny such approval.
- February 7, 1962: The total blockade of the United States against Cuba goes into effect.