Good Intentions In Op-Ed By An Advocacy Group Does Not Excuse Errors Of Fact To Support Argument. There Is Travel. There Is Trade. There Is Not (Yet) Investment; Loans Perhaps.
/Chicago Tribune
Chicago, Illinois
10 January 2022
Op-ed: The US should use agricultural trade to help Cuba and build lasting economic bridges
By Paul Johnson, chair of the United States Agriculture Coalition for Cuba.
Excerpt:
“There is no other communist country in the world where we prohibit U.S. citizens from traveling, trading or investing.”
Rebuttal:
Travel is authorized.
Trade is authorized.
Investment is not (yet); loans perhaps.
The Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000 codified twelve categories of authorized travel for individuals subject to United States jurisdiction to the Republic of Cuba:
“Travel-related transactions are permitted by general or specific licenses for certain travel related to the 12 categories of activities identified in §515.560(a). Those travel-related transactions permitted by general license, subject to specified criteria and conditions, include: family visits; official business of the U.S. government, foreign governments, and certain intergovernmental organizations; journalistic activity; professional research; educational activities; religious activities; athletic competitions by amateur or semi-professional athletes or athletic teams; support for the Cuban people; humanitarian projects; activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or information materials; and certain authorized export transactions.”
LINK To Statute: https://static1.squarespace.com/static/563a4585e4b00d0211e8dd7e/t/563a86afe4b0a7d393c4c410/1446676143897/tsra.pdf
If Mr. Johnson was correct with the statement “prohibit U.S. citizens from traveling,” then the following would not have been possible:
During the Obama-Biden Administration (2009-2017), United States-based cruise lines operated itineraries that included the Republic of Cuba; the five-largest United States-based airlines provided regularly-scheduled services from multiple airports in the United States to airports throughout the Republic of Cuba; United States-based airlines operated ticket offices in the Republic of Cuba; a United States-based hotel management company held licenses to manage two properties in the Republic of Cuba. Although the Trump-Pence Administration (2017-2021) imposed and re-imposed restrictions upon travel, travel does remain authorized by statute.
Since 2017, Moline, Illinois-based Deere & Company and Peoria, Illinois-based Caterpillar have received authorization from the Bureau of Industry and Security (BIS) of the United States Department of Commerce to export more than US$5 million in products (agricultural equipment, farm machinery, agriculture/farm implements) to the Republic of Cuba. Boston, Massachusetts-based General Electric has exported approximately US$20 million in steam turbines to the Republic of Cuba.
The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. Since the first exports using provisions of the TSREEA commenced in December 2001, the total value of agricultural commodity and food product exports from the United States to the Republic of Cuba have exceeded US$6,572,911,558.00. The Republic of Cuba has averaged among the fifty-largest United States agricultural commodity and food products markets.
Exports of healthcare products (medical equipment, medical instruments, medical supplies, pharmaceuticals) to the Republic of Cuba are subject to provisions of the Cuban Democracy Act (CDA) of 1992, which require end use-verification, but are not subject to cash-in-advance payment requirements. Exports have included: Medicaments (penicillin and insulin); Dentifrices (toothpastes); Laboratory regents; Ultrasonic scanning equipment; Artificial limbs; Medical appliances; Surgical appliances (dental); Opthalmic (eye); Cannulae (tubing) and gelatin capsules. Since 2003, the total value of healthcare product exports from the United States to the Republic of Cuba exceeds US$27,185,601.00.
LINK To Statute: https://static1.squarespace.com/static/563a4585e4b00d0211e8dd7e/t/563a85f6e4b0fe64c5674af5/1446675958092/cda.pdf
Exports using the TSREEA and CDA are managed by regulations maintained by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and BIS.
Mr. Johnson is partially accurate in stating that the OFAC does not authorize individuals subject to United States jurisdiction from delivering a direct investment to an individual or company located in the Republic of Cuba. The OFAC is reviewing whether a specific license may be issued for this purpose. As to the provision of a direct loan, the issue remains under OFAC review as to whether existing OFAC regulations authorize a direct loan to a self-employed Republic of Cuba national.
There have been imports, both directly and indirectly, from the Republic of Cuba to the United States:
