By Rafael Lorente. Washington Bureau.
Sun-Sentinel. Posted July 5 2001
WASHINGTON · The Bush Administration appears to be increasing
enforcement of parts of the economic embargo against Cuba this year, denying
visas to Cuban officials wanting to come to this country and more carefully
scrutinizing Americans who fly to the island through third countries like
Canada.
The crackdown is angering proponents of people-to-people contact who
generally had a lot of leeway under the Clinton Administration, but is applauded
by the Cuban American National Foundation.
The motivation is unclear. It could be a political payoff to South Florida's
Cuban-American community, which was key in helping President Bush get elected
last year. It could also be a way of placating Cuban-Americans in anticipation
that Bush will continue to waive a trade-related portion of the Helms-Burton Act
this month.
"Everything about Cuba is a political consideration," said William
Goodfellow, an embargo critic and executive director of the Center for
International Policy. But Goodfellow said the tightening could also be
bureaucrats responding to what they think the Bush Administration, which has
been openly supportive of the embargo, wants.
In June, the State Department denied visas for eight Cuban officials coming
to a meeting of the U.S.-Cuba Sister Cities Association in Bloomington, Ind.,
and three officials traveling to Washington for a trademarks conference.
"The Bush Administration, pressured by the hardliners in the
Cuban-American community, obviously doesn't believe in the people-to-people
programs," said Wayne Smith, former head of the U.S. Interests Section in
Havana and a fellow at the Center for International Policy.
Smith, who organized the trademarks conference, wrote a letter of protest to
the State Department.
Lawyers representing Americans who have gotten in trouble for traveling to
Cuba say there has been a marked increase in enforcement by the U.S. Treasury
Department.
Nancy Chang, a lawyer with the Center for Constitutional Rights in New York,
which defends Americans accused of violating travel restrictions to Cuba, said
it has about 400 current cases and has stopped taking any more. Chang said her
group, which received about 12 calls a month last year, is up to about 20 a
month this year.
"The number of enforcement cases has increased over the last five
months," she said.
Arthur Heitzer, a Milwaukee lawyer who chairs the Cuba subcommittee for the
National Lawyers Guild, said he has had more referrals of people in trouble with
the Treasury Department.
"It appears that they are escalating their threats and intimidation of
people who have traveled to Cuba," Heitzer said.
The Office of Foreign Assets Control in the U.S. Treasury, which enforces
the embargo, said any changes in enforcement are coincidental.
'No shift in policy'
"OFAC acknowledges that there may be a higher incidence of penalty
cases being issued at this time," said Tasia Scoilinos, a spokeswoman for
the Treasury Department. "This figure is attributed solely to the normal
ebb and flow of OFAC's workload rather than a shift in policy."
The State Department said it was "looking very carefully at visa
applications from Cuban government officials."
Without calling it a crackdown, a State Department official said the
rejection of visas for Cuban officials is a way of leveling the playing field
between the two countries. Cuban officials in the United States can meet with
anyone they want. But American officials based in Havana must get permission to
meet with even the lowest ranking government officials.
"Part of this is the difference between a police state and a free
society," said the official, who asked not to be identified.
Luis Fernandez, a spokesman for the Cuban Interests Section in Washington,
said the increased enforcement is an attempt to further isolate Cuba and tighten
the embargo.
"There is a real attempt to block all contacts," Fernandez said.
Americans who do not qualify for one of a limited number of licenses
allowing them to legally fly directly from the United States usually travel via
Canada, Mexico or the Bahamas. If they are caught by Customs agents on their way
back to the United States, American travelers may be questioned in writing about
their trips. Many are later told to pay a hefty fine, about $7,500, or ask for a
hearing before an administrative law judge.
One such letter, sent out in May and provided to the Sun-Sentinel, read in
part: "You were observed by U.S. Customs Service Inspectors ... at Dorval
International Airport in Montreal, Canada, as you arrived on a Cubana de
Aviacion airlines flight from Havana, Cuba. During your inspection by U.S.
Customs you repeatedly denied that you had traveled to Cuba. You also claimed
not to have a passport. Customs inspectors searched your belongings, and your
person, and found clothing inconsistent with travel to Canada."
The letter asked the passenger to supply details of the trip within 20
business days.
John Kavulich, president of the U.S.-Cuba Trade and Economic Council in New
York, said the crackdown on unauthorized travel actually started in the final
days of the Clinton Administration. Part of the focus was fully hosted travel,
where Americans avoid violating the embargo because someone else pays their
expenses.
'Keeping promises'
But Joe Garcia, executive director of the Cuban American National
Foundation, said Bush is simply keeping his promises.
"This administration committed to us to try to enforce U.S. law before
it came to power and after it came to power," Garcia said. "We are
very pleased with the actions on Cuba policy thus far."
Garcia said the crackdown on Cuban government officials was overdue. Under
the Clinton Administration, they could travel anywhere in the country to
campaign for a change in U.S. policy.
"The former administration tried to get the embargo lifted by using the
Cuban government as a lobbying tool," Garcia said.
American groups that travel to Cuba or invite Cubans to the United States
are angry. They see travel restrictions as an infringement on their rights of
freedom of movement and association as Americans.
"Americans need to see this not as an issue of Cuba, but as an issue of
civil rights," said Lisa Valanti, president of the national U.S.-Cuba
Sister Cities Association, whose group had invitees denied visas.
Travelers not deterred
The Rev. Lucius Walker of Pastors for Peace, a group that regularly sends
aid to Cuba, said people who have traveled with him have received more
enforcement letters recently. But he said the letters are not deterring
travelers.
"People are still going by the thousands, and they must know that,"
said Walker,who arrived in Cuba on Wednesday ahead of a delivery of 80 tons of
humanitarian aid.
Rafael Lorente can be reached at rlorente@sun-sentinel.com or 202-824-8225
in Washington.
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