Published July 17, 2001 in
The Miami Herald
Bush keeps Cuba suit ban
By Tim Johnson And Nancy San Martin.
tjohnson@krwashington.com.
WASHINGTON -- Moving to avert new trade tensions with Europe two days before
a trip there, President Bush announced Monday that he would extend restrictions
first imposed by the Clinton administration that block U.S. citizens from suing
foreigners over property seized by Cuban government after the island's 1959
revolution.
In a direct flip-flop from the Clinton era, the sole Democratic
Cuban-American legislator in Congress lambasted the decision as "shameful''
while Bush's Republican supporters offered muted understanding and support.
Bush said he would continue to suspend a provision in the 1996 Helms-Burton
law that would permit U.S. citizens to file federal lawsuits over their seized
properties in Cuba.
The president was asked whether he planned to issue a new suspension of the
Helms-Burton provision -- as Clinton repeatedly did -- and he responded, "I
do.'' The suspension must be renewed every six months.
In a statement released later in the day by the White House, Bush said: "Real
differences remain between the United States and our allies concerning the best
methods for pursuing change in Cuba.''
Saying that U.S. "actions will encourage support for the embargo,'' the
president called upon the European Union "to work together with us toward
the fundamental goals that should unite us: free speech, free elections, and
respect for basic human rights in Cuba.'' European allies have threatened a
battle in the World Trade Organization if Bush opens the floodgates to hundreds,
if not thousands, of potential U.S. lawsuits over confiscated properties in
Cuba, where European companies are active. Bush leaves for a weeklong trip to
England, Italy and Kosovo on Wednesday.
"President Bush reached the conclusion that a trade war with Europe at
the World Trade Organization over a single title of Helms-Burton at this time
would dangerously strengthen the coalition of those seeking to eliminate the
entire embargo,'' Rep. Lincoln Díaz-Balart, a Miami Republican, said in a
statement.
Díaz-Balart was among a chorus of Republican voices who continually
criticized Clinton for suspending the provision in Helms-Burton that would have
allowed the lawsuits.
"They said he had no spine, that he was a jellyfish,'' recalled Sally
Grooms Cowal, a former U.S. ambassador to Trinidad and Tobago who now heads the
Cuba Policy Foundation, which advocates the lifting of the U.S. embargo of Cuba
and an easing of travel restrictions.
Bush, however, has won Republican support for tough talk against the Castro
government, including a statement Friday outlining a crackdown on unlicensed
travel to the island and declaring that "it is wrong to prop up a regime
that routinely stifles all the freedoms that make us human.'' Bush also promised
to funnel more money to the democratic opposition to Castro.
Rep. Ileana Ros-Lehtinen, a Miami Republican, said: "It is a shame we
have a waiver again. But though President Bush's decision is regrettable, we
must also take note of the positive work he's done in a few months in support of
programs which will help bring freedom to the Cuban people.''
The harsh note came from Rep. Bob Menendez, D-N.J., who accused Bush of a "bait
and switch'' with "hollow rhetoric'' after promising to get tough on
Castro.
"On his first opportunity to show his true colors, the president was
dishonest and weak, and has failed the Cuban people seeking political, social
and economic freedom,'' Menendez said in a statement.
A Washington lawyer involved in trade matters with Cuba, Robert Muse, said
he believed hard-line Cuban-American supporters of Bush may seek concessions in
return for their muted response on the waiver.
''There will be attempts to leverage benefit out of these suspensions,'' he
said.
Other analysts indicated that a waiver of the lawsuit provision -- known as
Title III -- should be no surprise, given recent strained ties with allies in
Europe over issues such as global warming and missile defense, and uncertainty
over the consequence of a possible avalanche of lawsuits in federal courts in
Florida.
Helms-Burton would let Cuban exiles who became U.S. citizens file lawsuits
also, and estimates of the claims range as high as $100 billion.
Europe welcomes Bush's extension of waiver on Helms-Burton
By Paul Geitner. AP Business Writer
BRUSSELS, Belgium -- (AP) -- The European Union on Tuesday welcomed U.S.
President George W. Bush's decision not to enforce part of an anti-Cuba law that
would hit European companies hardest, adding that it would push Washington to
repeal all such extraterritorial sanctions.
Bush said Monday he would waive enforcement for six months of the 1996
Helms-Burton law, which allows Americans to sue anyone who now controls property
confiscated from U.S. citizens in Cuba. His decision continues a policy begun
under former President Bill Clinton.
"We welcome Bush's decision to suspend for an additional six months the
right to file a lawsuit,'' EU Commission spokesman Gunnar Wiegand said.
He added that the EU's objective remains "to repeal all
extraterritorial legislation of the U.S.,'' particularly one designed to punish
foreign companies that make major energy investments in Libya or Iran.
That law was due to expire Aug. 5, but the U.S. House of Representatives was
to vote Tuesday on a bill to extend it for another five years.
The 15-nation EU has been highly critical of such laws, calling them an
illegal attempt to impose U.S. trade policy on other countries.
European companies would be the most exposed to lawsuits if Helms-Burton
were enforced because most foreign investment in Cuba comes from that continent.
European officials had threatened to file a complaint against the United
States before the World Trade Organization if Bush had pushed ahead with
enforcement of the law.
European leaders almost certainly would have registered their displeasure
with Bush later this week at the Group of Eight meeting of industrialized
countries in Genoa, Italy. (pfg-pa)
Yanks: Morales' deal invalid
Team says Cuban defector lied about his age when he signed
By Kevin Baxter. kbaxter@herald.com
In a move that could have far-reaching implications for foreign-born
players, the New York Yankees are attempting to have their $4.5 million contract
with Andy Morales invalidated, claiming the Cuban defector lied about his age
when he signed the four-year deal in March.
Morales, who was playing for the Yankees' Double A affiliate in Norwich,
Conn., was placed on the temporary inactive list last week and sent home.
"He's not playing with us anymore,'' said a Yankees spokesman, adding
the team would not comment further on Morales or his status with the team. A
Norwich team spokesman said the player was in Tampa, but his agent refused to
divulge his whereabouts.
Gus Domínguez, Morales' Los Angeles-based agent, said Monday he will
file a grievance with the players' association challenging the Yankees' claims.
"[Age] certainly didn't make a difference to them before they signed
him, so I don't know why it makes it a difference now,'' Domínguez said.
During protracted negotiations with Morales and Domínguez last
winter, the Yankees repeatedly asked Morales about his age. Though several
sources in Cuba and the United States say the player was born in 1971, Morales
and Domínguez told the team he was born in 1974 -- a claim the Yankees
accepted.
"We are looking into it,'' said Rich Levin, a spokesman for Major
League Baseball. However, Levin said the case is so unusual, officials are
uncertain whether Morales is still under contract to the Yankees or a free
agent.
Whether Morales' situation might impact other players is uncertain.
"I'm not going to speculate on that,'' Levin said.
If Major League Baseball rules in favor of the Yankees, a number of other
contracts might also be invalidated, including the Yankees' deal with pitcher
Orlando "El Duque'' Hernández. The team and Major League Baseball
list Hernández's age as 31, though papers from a recent South Florida
court proceeding indicate he is 35.
Several other defectors, including Boston Red Sox pitcher Rolando Arrojo and
New York Mets shortstop Rey Ordóñez, have claimed birthdates that
conflict with Cuban documents. None of those contracts have been challenged.
The playes' union is looking into the dispute, though a formal grievance had
not been filed as of Monday.
There is widespread speculation the team's attempt to invalidate Morales'
contract has more to do with the player's performance than an age discrepancy.
Shortly after Morales reported to the Yankees' spring-training camp in March,
team officials expressed concern about his skills.
Though the Yankees hoped Morales would help them this year, they placed him
on waivers in May.
Copyright 2001 Miami Herald | 
