[House Document 105-107]
[From the U.S. Government Publishing Office]



105th Congress, 1st Session  - - - - - - - - - - House Document 105-107


 
REPORT TO THE CONGRESS ON THE RIGHT TO BRING AN ACTION UNDER TITLE III 
      OF THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT OF 1996

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A REPORT TO CONGRESS THAT SUSPENSION FOR 6 MONTHS BEYOND AUGUST 1, 
  1997, OF THE RIGHT TO BRING AN ACTION UNDER TITLE III OF THE CUBAN 
 LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996 IS NECESSARY 
  TO THE NATIONAL INTERESTS OF THE UNITED STATES AND WILL EXPEDITE A 
  TRANSITION TO DEMOCRACY IN CUBA, PURSUANT TO PUB. L. 104-114, SEC. 
                               306(c)(2)

 


  July 17, 1997.--Referred jointly to the Committees on International 
         Relations and the Judiciary, and ordered to be printed


                                           The White House,
                                         Washington, July 16, 1997.
Hon. Bob Livingston,
Chairman, Committee on Appropriations,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: Pursuant to subsection 306(c)(2) of the 
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 
(Public Law 104-114), (the ``Act''), I hereby determine and 
report to the Congress that suspension for 6 months beyond 
August 1, 1997, of the right to bring an action under title III 
of the Act is necessary to the national interests of the United 
States and will expedite a transition to democracy in Cuba.
            Sincerely,
                                                William J. Clinton.
                       Statement by the President

    Today I am notifying the Congress of my decision to suspend 
for 6 more months the right of U.S. citizens to file suit 
against foreign firms trafficking in confiscated properties in 
Cuba. This decision is consistent with my strong commitment to 
implement the Cuban Liberty and Democratic Solidarity Act 
(LIBERTAD Act) in a way that best serves our national interest 
and hastens a peaceful transition to democracy in Cuba.
    I have invoked this waiver for the past year in order to 
continue strengthening cooperation with our friends and allies 
toward our shared goal of ending Cuba's 38 years of oppression. 
Thanks to the efforts of Stuart Eizenstat--my Special 
Representative for the Promotion of Democracy in Cuba and now 
Under Secretary of State--we have made significant progress. We 
are forging an international consensus on concrete steps to 
clear the way for a new era of democracy and prosperity for the 
people of Cuba.
    I said in January that I expected to continue suspending 
this provision of title III of the LIBERTAD Act so long as our 
partners continued their stepped-up efforts to promote a 
democratic transition in Cuba. My decision today to renew the 
suspension reflects the sustained progress that has been made 
over the past 6 months and my expectation of further advances 
in the future. Just 2 weeks ago, the European Union (EU) 
formally renewed its commitment to the historic Common Position 
it adopted last December. This agreement binds all 15 EU member 
nations to make any improvement in relations with Cuba 
dependent on concrete advances in human rights and political 
freedoms on the island. EU member states have broadened their 
contacts with human rights activists and independent groups in 
Cuba. Furthermore, after careful consultation with the 
Congress, the United States and the EU reached an understanding 
on April 11 to develop international disciplines to inhibit and 
deter the acquisition of confiscated properties or any dealings 
involving them.
    Key countries in Europe and, increasingly, Central and 
South America have made clear that they are no longer 
conducting ``business as usual'' with the Castro government. 
Instead, their leaders are pressing for the release of 
political prisoners, free elections, economic reform, and other 
measures that will help the Cuban people achieve the 
fundamental political and economic freedoms they deserve. Major 
European political parties met in The Netherlands for the first 
time to promote freedom and human rights in Cuba and issued a 
strong declaration urging Castro to democratize Cuba.
    Nongovernmental organizations (NGOs) have also risen to the 
challenge. European NGOs have made pathbreaking strides to 
increase international support for change in Cuba and provided 
unprecedented support to predemocracy activists on the island. 
Business and labor groups are formulating ``best business'' 
practices for firms investing in Cuba. While the United States 
discourages investment in Cuba, we hope that those who do 
invest there will foster respect for basic workers rights and 
improvements in working conditions.
    We have continued to enforce vigorously title IV of the 
LIBERTAD Act, denying entrance into the United States to 
directors of several foreign firms that traffic in confiscated 
properties in Cuba. As a result, several firms have withdrawn 
from investments and contracts in Cuba and are reassessing 
future investments. The United States will continue enforcing 
title IV during the negotiations of binding international 
disciplines as called for in the U.S.-EU understanding. The 
Administration will consult further with the Congress 
concerning authority to waive title IV if the investment 
guidelines have been agreed upon and implemented.
    We are making real progress in strengthening the 
international effort to bring democracy to Cuba. The Cuban 
people and the Castro regime hear the message more clearly than 
ever. The international community is committed to seeing 
freedom reach Cuba's shores and the Cuban people assume their 
rightful place in the family of democratic nations.

                                
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