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The President's Title III Decision July 16, 1998
Presidential Decision

President Clinton has suspended for an additional six months, effective August 1, 1998, the provision allowing U.S. nationals with claims to confiscated property in Cuba to file suit under Title III of the Cuban Liberty and Democratic Solidarity Act (Libertad Act), as provided for in the Act. In accordance with the Act, the President certified that a suspension Is necessary to the national interest and will expedite a transition to democracy in Cuba. He has reported his determination to the appropriate Congressional committees. In reaching this decision, the President cited important continuing actions by our friends and allies to promote democracy in Cuba.

The President allowed Title III to enter into force on August 1, 1996, but suspended for six months the right it grants to American nationals to bring suit against persons trafficking in confiscated properties in Cuba, a claim to which is held by a U.S. national. He did so in order to work with our friends and allies to develop a multilateral approach to advance democracy, human rights and fundamental freedoms in Cuba.

In January 1997, the President cited significant progress toward that goal and renewed the suspension for another six months in order to consolidate and develop the multilateral approach. At that time, he said he would expect to continue to suspend the right to file suit as long as our friends and allies continue their stepped-up efforts to promote a transition to democracy in Cuba. In July 1997 and in January 1998, the President noted additional concrete steps to promote democracy and human rights when he announced additional six-month suspensions.

In his statement today, the President described additional important steps which have been taken by governments, non-governmental organizations [NGOs], and the private sector as part of the multilateral initiative to promote democracy in Cuba. The President is continuing to expand the multilateral effort to promote democracy in Cuba. His initiative to gain ~~~~international support and action for democracy in Cuba -- the most ambitious since Castro seized power -- is yielding tangible positive results. Under Secretary of State Stuart Eizenstat is continuing to provide leadership to the President's pro-democracy initiative.

Progress in the International Effort to Promote Democracy in Cuba.

Government Actions

-- On February 17, El Salvador's President Armando Calderon Sol called on Cuba to begin an "opening to Democracy" before El Salvador could normalize relations with Cuba. El Salvador's Foreign Minister said his government would wait for profound changes in the areas of democracy and human rights before establishing diplomatic ties.

-- On February 23, the EU urged the Cuban government to release political prisoners, including the four members of the Dissidents Working Group, and permit their reintegration into society in response to the Pope's visit.

-- In March, a top Italian diplomat visited dissidents in Cuba and told Cuban officials that only private enterprise would bring about needed economic growth.

-- In April, Argentina's President Menem said, "President Clinton and I agreed to maintain our two countries' polices toward Cuba. We basically want a rapid return of Cuba to democracy, freedom, and respect for human rights." Argentina's Foreign Minister DiTella demanded the political democratization and (economic liberalization of Cuba: "Cuba must democratize, it must respect human rights, it must opt for a normal market economy."

-- The EU allowed~ its WTO case against aspects of Helms-Burton and the embargo to lapse in~ April as we continued to develop the multilateral approach.

-- Brazil's President Cardoso gave an address to the Summit of the America's in Santiago on April 28, saying "one country is missing" from the hemisphere's commitment to democracy. "We hope that it will move towards democracy.

-- In his visit to Cuba in late April, Canadian Prime Minister Chretien handed Castro a list of political prisoners and appealed to him to release four leading dissidents jailed without trial. On concluding his visit, he said Castro "has to change." Chretien's staff met with dissidents.~~~

-- At its annual conference in Brazil in May, the InterAmerican Center for Tax Administrators (CIAT) did not support Cuba's application to join because of Cuba's undemocratic character.

-- French Cooperation Minister Josselin said on May 5, "Europe and France want the initiation of a process of democratization and human rights in Cuba." In order for Cuba to become a member of the EU's tome Convention, Cuba would need to agree to more "political dialogue." He added, "We are also interested in seeing all political prisoners freed."

-- On May 18, the US and EU agreed to an Understanding which will inhibit and deter investment in property expropriated contrary to international law around the world, including in Cuba. The EU acknowledged for the first time that one of the primary tools used by the Castro regime to expropriate property belonging to US citizens appears to be contrary to international law and that they will take steps to inhibit and deter investment in such expropriated property. No commercial assistance will be provided by EU Member States to investors in expropriated property in Cuba. This will chill investment in Cuba, when implemented.

-- In their meeting in Geneva May 19, Swiss President Cotti pressed Castro on human rights, democracy, and political prisoners.

-- Brazilian Foreign Minister Lampreia met with dissidents in Cuba in May and said the issue of human rights in Cuba was a "heartfelt and priority policy" for Brazilian President Cardoso because he had been exiled and jailed by a previous dictatorial government in Brazil.

-- At its General Assembly in Caracas June 2, the OAS declined to take up a formula for readmission of Cuba, with many delegations citing Cuba's failure to comply with the democratic standards of the OAS. Argentina's Foreign Minister DiTella said the OAS is for democracies, adding that Cuba could not enter the OAS under current criteria, "because it would be expelled the following day."

-- On June 6, Nicaragua's President Aleman called on Cuba to "rejoin the Americas and democracy."

-- On June 8, the European Union reconfirmed its Common Position on Cuba. It called for "a peaceful transition to pluralist democracy in Cuba and greater respect for human rights and fundamental freedoms." The EU also reported that the EU Human Rights Working Group in Havana ~~~~had been in touch with dissidents and noted that "there has been no substantive change in the political and economic situation in Cuba."

-- In his visit to Cuba June 9, Italy's Foreign Minister Dini called for "progress on freedom of expression and association," and recognition and protection of individual rights. Dini's chief of staff met with dissidents.

-- In a speech in Miami June 12, Spain's Prime Minister Aznar expressed his wish that Cuba recover "as soon as possible" its "lost liberty."

-- A leading member of the delegation of Pierre Mauroy, former Prime Minister of France and current Socialist International leader, met with Cuban dissidents on June 19.

-- While the EU agreed on June 26 that Cuba could observe negotiations to revise the Lome Convention, it said full cooperation, including membership in Lome "will depend upon substantial progress on human rights, good governance, and political freedoms... The Council expects, in particular, that the obstruction of the Havana Ambassadors Human Rights Working Group shall cease, and the four members of the Dissidents' Working Group now in prison shall be released."

NGOs and Human Rights Organizations

-- Amnesty International released a report in January documenting cases of political prisoners in Cuba.

-- The Inter American Commission on Human Rights, affiliated with the OAS, released a report April 23 that said the Cuban state "continues to seriously violate the civil and political liberties of the Cuban people. Political discrimination and the systematic violations of freedom of speech and freedom of organization continue to be a state policy..."

-- Amnesty International and Reporters Sans Frontieres issued a joint statement on March 26 saying that Cuba continued to hold "scores of prisoners of conscience, including two journalists." Both organizations called on the Cuban government to release all political prisoners and permit the Cuban people to establish independent organizations and express their views freely.

-- In May, Pax Christi, the leading Dutch Human Rights NGO, reported on conditions in Cuba during the Pope's visit in January, describing serious human rights abuses. The ~~~~r~eport called on the UN and the Catholic Church to establish permanent human rights offices in Cuba, and for the EU to establish a Human Rights Commissioner for Cuba.

Private Sector

-- The North American Committee (NAC), consisting of over 100 business, labor, and academic leaders from the United States, Canada, and Mexico, established an internal task force to develop plans to organize a broad coalition to promote its "Principles for Private Sector Involvement in Cuba." The NAC discussed this issue with other international NGOs and labor organizations~.

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