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ILL TRADE WINDS

July 11, 1996
Helms Burton Act


Canada, Mexico and The United States' European allies have all protested the Helm-Burton Act, a law signed by President Clinton that punishes companies doing business with Cuba. The laws proponents, though, says it's a needed tool to bring democracy to Cuba. A debate follows.

 
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Discussion on Pope John Paul II visiting Cuba

Nov. 24, 1997:
Legacy of a Cuban-American exile leader

Nov. 20, 1997:
The legacy of Che Guevara

July 19, 1996:
A look at Cuba and the Helms-Burton Act

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Congress' reaction to the downing of two civilian aircraft by Cuban fighters

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CHARLES KRAUSE: Isolating Fidel Castro has been a central tenet of U.S. foreign policy for nearly 40 years, and shortly after the Cuban Revolution in 1959. In 1960, as tension between the two countries mounted, Castro nationalized the first of nearly 6000 U.S. companies in Cuba, now worth an estimated $6 billion.

In retaliation in 1961, the U.S. broke diplomatic relations with Castro and in 1962,Helms Burton Act in an effort to destabilize the revolutionary government, President Kennedy imposed a trade embargo cutting off all imports and exports between Cuba and the United States.

But Castro was defiant. He continued to socialize the Cuban economy and found ways around the U.S. embargo. Early on, the Soviet Union provided $5 to $6 billion a year in economic subsidies and military Helms Burton Actaid to Cuba, assistance that continued until the Soviet Union, itself, collapsed five years ago.

Then faced with economic ruin and growing discontent, Castro had no choice but to open the country to large-scale foreign investment. As a result, over the past five years, Canadian, Mexican, and Western Helms Burton ActEuropean companies have invested billions of dollars in Cuba, much of it going into hotels, utilities, and other businesses once owned by Americans or by Cubans who now live in the United States.

It's that investment that the Helms-Burton Law seeks to stop. During congressional debate, proponents of the measure argued that the new law was a logical extension of U.S. policy.

Helms Burton Act SEN. PHIL GRAMM, (R) Texas: (March 5) Our position under Democratic and Republican administrations has always been until the Clinton administration a commitment to isolation, the isolation of Cuba, and a commitment to overthrowing Fidel Castro. Today with this bill, we go back to that policy, and we hit Fidel Castro where it hurts the most. We hit him in the pocket book.

CHARLES KRAUSE: But the law's opponents warned that it wouldn't work.

SEN. CLAIBORNE PELL, (D) Rhode Island: (March 5) It's naive, in my view, to think that this bill or any sanctions legislation they might pass will succeed in forcing Castro to step aside when all similar actions in the past over many, many years have failed.

Helms Burton Act CHARLES KRAUSE: But after expressing reservations about the bill, President Clinton signed it in March after the Cuban Air Force shot down two small civilian planes in international air space off Havana. The planes belonged to a Cuban exile group called Brothers to the Rescue and outrage among Cubans in vote-rich Florida, made the bill politically irresistible, especially in an election year.

The new law penalizes foreign companies that profit from property confiscated from Americans or from Cubans who later emigrated to the U.S. after the Cuban Revolution. These companies can be sued for damages in U.S. courts. Helms-Burton also bans the executives at these foreign companies, as well as their families and shareholders, from entering the United States.

Over the past several months, the State Department has notified the executives of some three dozen companies, including a major Canadian mining company called Sherritt International, that they could be banned from entering the U.S. when the Helms-Burton Law takes effect on August 1.

Helms Burton Act The reaction in Canada and elsewhere has been swift and uncompromising. On a recent trip to Canada, Mexican President Ernesto Zedillo met with Canadian Prime Minister Jean Chretien to discuss the implications of Helms-Burton. Both countries are threatening to file complaints against the new law under terms of the North American Free Trade Agreement.

In Ottawa, meanwhile, the government is threatening to enact legislation that would allow Canadian companies to sue American companies in Canada to recover any damages awarded by courts against Canadian companies in the United States. Canada's foreign minister, Lloyd Axworthy, said Canada and Mexico are not alone in their opposition to Helms-Burton.Helms Burton Act

LLOYD AXWORTHY, Foreign Minister, Canada: (June 17) Here is an entire international community. The United States is closest to economic partners all saying this is dumb law, let's get rid of it.

CHARLES KRAUSE: Indeed, the Organization of American States has also gone on record condemning the Helms-Burton Law as an infringement on sovereignty, while the 15-nation European Union--including Great Britain, France, and Germany--has filed a complaint with the World Trade Organization in Geneva. But in Washington this week, Republican Senator Jesse Helms, for whom the legislation was named, accused U.S. trading partners of hypocrisy.

Helms Burton Act SEN. JESSE HELMS, (R) North Carolina: (Tuesday) Instead of helping bring about real democratic change in Cuba, some of our closest allies are, in fact, condoning Castro's tyranny and condemning a U.S. role that was enacted to restore freedom to the Cuban people. The leaders of these nations pretend that they don't know that Fidel Castro is a murderer who has no interest in or regard for the well-being of the Cuban people. They know--they know.

CHARLES KRAUSE: President Clinton could delay implementation of the new law for six months by signing a so-called waiver on or before next Tuesday. The White House has yet to say whether the President will do so.

 

 

 

 
 


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