Obama's Promises on Cuban American Travel vs. Sen. Nelson's Version

It is important we understand that when we have that full and fair and open debate in the sunshine, we remember what Candidate Obama said during the campaign. He said what he wanted to do was go back to the status quo ante on travel to Cuba by family members every year instead of once every 3 years and to have more remittances every quarter than was cut back a few years ago by the previous administration. That seems to be common sense and family value oriented. That is what the candidate who became our next President articulated.

--Sen. Bill Nelson (D, FL) during debate of Omnibus Appropriations Bill 3/10/09

Only that's not what candidate Barack Obama said. He promised many times in debates and speeches and in writing during the campaign, and the Democratic platform pledged, "unlimited travel and remittances" for Cuban Americans. Twice he used the less definitive term "loosening",twice specified a time frame of "immediate" and twice used "unrestricted" but never just a roll back to Clinton's formula of "annual".

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Remarks of Senator Barack Obama: Renewing U.S. Leadership in the Americas at program organized by Cuban American National Foundation Miami, FL | May 23, 2008

It's time for more than tough talk that never yields results. It's time for a new strategy. There are no better ambassadors for freedom than Cuban Americans. That's why I will immediately allow unlimited family travel and remittances to the island. It's time to let Cuban Americans see their mothers and fathers, their sisters and brothers. It's time to let Cuban American money make their families less dependent upon the Castro regime.

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Democratic Platform, page 37

We must turn the page on the arrogance in Washington and the anti-Americanism across the region that stands in the way of progress. We must work with close partners like Mexico, Brazil, and Colombia on issues like ending the drug trade, fighting poverty and inequality, and immigration. We must work with the Caribbean community to help restore stability and the rule of law to Haiti, to improve the lives of its people, and to strengthen its democracy. And we must build ties to the people of Cuba and help advance their liberty by allowing unlimited family visits and remittances to the island, while presenting the Cuban regime with a clear choice: if it takes significant steps toward democracy, beginning with the unconditional release of all political prisoners, we will be prepared to take steps to begin normalizing relations.

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From Obama web site

Promote Democracy in Cuba and Throughout the Hemisphere: Barack Obama will support democracy that is strong and sustainable in the day to day lives of the people of the Americas. In the case of Cuba, he will empower our best ambassadors of freedom by allowing unlimited Cuban-American family travel and remittances to the island.

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McCain, Obama trade fire over Cuba
Posted on Sat, Feb. 23, 2008 Kansas City Star

Obama didn't retreat Friday, saying in an e-mail that he'd call for an "immediate change in policy to allow for unlimited family travel and remittances to the island."

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Austin Debate

One other thing that I’ve said, as a show of good faith that we’re interested in pursuing potentially a new relationship, what I’ve called for is a loosening of the restrictions on remittances from family members to the people of Cuba, as well as travel restrictions for family members who want to visit their family members in Cuba.

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Answers to CANF questionnaire:

I believe U.S. policy has failed. That’s why I have called for a new policy that would permit unlimited family travel and cash remittances, but maintain the embargo as an inducement for democratic change on the Island...

As President, I will grant Cuban Americans unrestricted rights to visit family and send remittances to the island.

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Brown and Black Forum, Des Moines, Iowa 12/01/07

there are two things we can do right now to prepare for that. And that is loosen travel restrictions for family members, Cuban Americans who want to visit and open up remittances

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Op Ed in Miami Herald Posted on Tue, Aug. 21, 2007

Cuban-American connections to family in Cuba are not only a basic right in humanitarian terms, but also our best tool for helping to foster the beginnings of grass-roots democracy on the island. Accordingly, I will grant Cuban Americans unrestricted rights to visit family and send remittances to the island.

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This is the only reference I have found to Obama on the other categories of non-tourist travel. He was one of seventeen Senators signing March 8, 2006 letter to Secretary of Treasury Snow

We are disturbed that OFAC appears to be defining what is and is not a religious organization -- in itself a precarious role for a U.S. Government agency -- and that its operating definition appears to be prejudiced against recognized, mainstream national religious institutions....

We understand the complicated political reality that exists between the United States and Cuban governments. However, we believe it is inappropriate and unacceptable for politics and government to serve as a hurdle and now as a barrier to faith-based connections between individuals.

US Civil Society Wants Change in US Policy

Few foreign policy issues produce such broad national support for change, or challenge as directly inside-the-beltway PAC financed entrenched interests. The FIU, Zogby, AP/Ipsos and Gallup polls have shown that two-thirds of our nation, including the same percentage of Cuban Americans, support freedom of travel to Cuba. Among Obama supporters the number favoring change is a remarkable 84%.

At least a dozen letters and reports have been produced in the past few weeks urging decisive action by the new administration on travel to Cuba and could be the basis for a substantive meeting with the transition team:

* from 12 business associations
American Farm Bureau Federation
American Society of Travel Agents
Business Roundtable
Coalition for Employment through Exports
Emergency Committee for American Trade
Grocery Manufacturers Association
National Foreign Trade Council
National Retail Federation
Organization for International Investment
U.S. Chamber of Commerce
U.S. Council for International Business
USA*Engage
See text here

* from 13 academic, business, NGO and advocacy organizations
American Association of State Colleges and Universities
American Friends Service Committee
Church World Service
Fund for Reconciliation and Development
Latin America Working Group
Latin American Studies Association
NAFSA: Association of International Educators
National Foreign Trade Council
Operation USA
Social Science Research Council
Unitarian Universalist Service Committee
USA*Engage
Washington Office on Latin America
See text here

* The American Society of Travel Agents (ASTA press release here) and the American Association of State Colleges and Universities (AASCU) [text here] have authored their own statements as well as joined the applicable group letter.

* A summit of 37 travel and tourism industry leaders urged Obama, "Adopt as policy that the citizens of the United States should be free to travel the globe without
artificial restrictions placed on them by their own government." (text here)

* Wayne Smith released a letter from the Emergency Coalition to Defend Educational Travel,(ECDET) at a press conference in company with officials from several universities.

* The Alliance for Responsible Cuba Policy and ENCASA (text here) produced thoughtful letters. The Latin America Working Group and the Washington Office on Latin America launched a sign-on letter and petition that include Cuba within the context of Latin America policy.

* The Cuba Study Group, founded by prominent mainstream Cuban Americans, has issued a report powerfully calling for allowing all travel after previously limiting its position to family visits. See text here

* FRD's on-line letter to the President-elect urging he provide general licenses for all twelve categories of non-tourist travel has topped 1100 grass roots signers (83% were active Obama supporters or donors), with many eloquent comments. See text here.

*A broad group of main line Protestant religious leaders have written to the President-elect urging he :
.. Freely allow religious travel to Cuba.
.. Liberally grant visas for U.S. travel to Cuban pastors and other religious leaders, and no longer bar officials of the Cuban Council of Churches.
.. Lift the travel ban for all Americans.
(The US Conference of Catholic Bishops is already on record against travel restrictions.)
See text and signature list here.

Freedom House, a prominent dissident linked human rights organization which denounces Cuba regularly has called for Obama to "immediately lift the restrictions on remittances and travel to and from the island". (text here )

In addition there have been powerful studies from the Council on Foreign Relations (text here) and the Brookings Institution (summary and link here) as well as editorials in leading newspapers advocating a substantial change in US policy, with travel restrictions a primary focus.

Jake Colvin of USA Engage/National Foreign Trade Council made a compelling case that the President can do virtually anything he wants to modify the embargo, except permit tourism which can be read here.

UPDATE: Julia Sweig of the Council on Foreign Relations sums up many of the arguments for change in a Memo to President Obama which appears in the February issue of Cigar Aficionado and can be read here.

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You can help us be more effective in reaching out to the Obama Adminstration by contacting those you know in the White House, State Department and National Security Council and by making as generous a contribution as possible to sustain our work.

Travel the President Can Allow

Upon taking office, the Obama Administration can use its executive authority to the extent permitted by law to suspend many but not all of the limits on freedom of travel by Americans.

As a first step the new Secretary of the Treasury can instruct the Office of Foreign Assets Control (OFAC) to establish general licenses for all non-tourist travel to Cuba as codified in 2000 (see below). The registration and costly reporting requirements of Travel Service Providers (TSP) can be abolished, enabling any US travel agent to book flights and accommodations for individuals and organizations entitled to general licenses.

Still prohibited, according to the law and regulations, would only be "tourist activities" which simply "means any activity with respect to travel to, from, or within Cuba that is not expressly authorized" by the codified categories. Beach resort packages, conventional cruise line itineraries, and other large scale commercial tourism, the principal potential sources of revenue to Cuba, will remain out of bounds.

OFAC's oversight and enforcement role regarding travel must be limited by the Secretary of the Treasury to providing information about the twelve authorized categories, the nature of a general license, and remaining restrictions on “tourist activities”, thus redeploying staff energies to real national security concerns. (Bush regulations should also be revoked that misuse customs agents to search for and confiscate personal goods and souvenirs brought from Cuba.)

Virtually any American with a serious interest will be immediately free to go to Cuba legally. Not-for-profit organizations, educational and cultural institutions, professional and trade associations, humanitarian and religious groups, businesses, Cuban Americans, and other motivated persons will be able to undertake, without politically motivated obstruction, any kind of visit that does not fall within the limited definition of “tourist activities”.

The categories codified in 2000 entitled to a specific or general (self-qualifying) license are:

(1) Family visits

(2) Official business

(3) Journalistic activity

(4) Professional research

(5) Educational activities

(6) Religious activities

(7) Public performances, clinics, workshops, athletic and other competitions, and

exhibitions

(8) Support for the Cuban people

(9) Humanitarian projects

(10) Activities of private foundations or research or educational institutes

(11) Exportation, importation, or transmission of information or informational materials

(12) Certain export transactions

Categories 4 to 9 offer particularly broad interpretation. “Educational activities” had already, under pre-2004 OFAC licensing, come to mean a wide range of people-to-people exchanges. The benefit of a general license is that no bureaucratic delay or partisan vetting is possible because prior approval and post-trip reporting are not required. Even if OFAC retained redundant Cuba staff with Bush era political agendas, second guessing of general license use is impractical except in the case of flagrant public disregard of the non-tourist prohibition, e.g. commercial promotion of a holiday at a beach resort or conventional cruise line itineraries.

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Add your name to an on-line letter to Barack Obama favoring non-tourist travel here.

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You can help us be more effective in reaching out to the Obama Adminstration by contacting those you know in the transition team and among prospective appointees and by making as generous a contribution as possible to sustain our work.