    [Public Papers of the Presidents of the United States: William J. Clinton (1996, Book I)]
    [March 12, 1996]
    [Pages 433-434]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996
    March 12, 1996

        Today I have signed into law H.R. 927, the ``Cuban Liberty and
    Democratic Solidarity (LIBERTAD) Act of 1996.'' This Act is a justified
    response to the Cuban government's unjustified, unlawful attack on two
    unarmed U.S. civilian aircraft that left three U.S. citizens and one
    U.S. resident dead. The Act imposes additional sanctions on the Cuban
    regime, mandates the preparation of a plan for U.S. assistance to
    transitional and democratically elected Cuban governments, creates a
    cause of action enabling U.S. nationals to sue those who expropriate or
    ``traffic'' in expropriated properties in Cuba, and denies such
    traffickers entry into the United States. It is a clear statement of our
    determination to respond to attacks on U.S. nationals and of our
    continued commitment to stand by the Cuban people in their peaceful
    struggle for freedom.
        Immediately after Cuba's brutal act, I urged that differences on the
    bill be set aside so that the United States could speak in a single,
    strong voice. By acting swiftly--just 17 days after the attack--we are
    sending a powerful message to the Cuban regime that we do not and will
    not tolerate such conduct.
        The Act also reaffirms our common goal of promoting a peaceful
    transition to democracy in Cuba by tightening the existing embargo while
    reaching out to the Cuban people. Our current efforts are beginning to
    yield results: they are depriving the Cuban regime of the hard currency
    it needs to maintain its grip on power; more importantly, they are
    empowering

    [[Page 434]]

    the agents of peaceful change on the island. This Act provides further
    support for the Administration's efforts to strengthen independent
    organizations in Cuba intent on building democracy and respect for human
    rights. And I welcome its call for a plan to provide assistance to Cuba
    under transitional and democratically elected governments.
        Consistent with the Constitution, I interpret the Act as not
    derogating from the President's authority to conduct foreign policy. A
    number of provisions--sections 104(a), 109(b), 113, 201, 202(e), and
    202(f)--could be read to state the foreign policy of the United States,
    or would direct that particular diplomatic initiatives or other courses
    of action be taken with respect to foreign countries or governments.
    While I support the underlying intent of these sections, the President's
    constitutional authority over foreign policy necessarily entails
    discretion over these matters. Accordingly, I will construe these
    provisions to be precatory.
        The President must also be able to respond effectively to rapid
    changes in Cuba. This capability is necessary to ensure that we can
    advance our national interests in a manner that is conducive to a
    democratic transition in Cuba. Section 102(h), concerning the
    codification of the economic embargo, and the requirements for
    determining that a transitional or democratically elected government is
    in power, could be read to impose overly rigid constraints on the
    implementation of our foreign policy. I will continue to work with the
    Congress to obtain the flexibility needed if the United States is to be
    in a position to advance our shared interest in a rapid and peaceful
    transition to democracy in Cuba.
        Finally, Title IV of the Act provides for the Secretary of State to
    deny visas to, and the Attorney General to exclude from the United
    States, certain persons who confiscate or traffic in expropriated
    property after the date of enactment of the Act. I understand that the
    provision was not intended to reach those coming to the United States or
    United Nations as diplomats. A categorical prohibition on the entry of
    all those who fall within the scope of section 401 could constrain the
    exercise of my exclusive authority under Article II of the Constitution
    to receive ambassadors and to conduct diplomacy. I am, therefore,
    directing the Secretary of State and the Attorney General to ensure that
    this provision is implemented in a way that does not interfere with my
    constitutional prerogatives and responsibilities.
        The Cuban regime's lawless downing of two unarmed planes served as a
    harsh reminder of why a democratic Cuba is vitally important both to the
    Cuban and to the American people. The LIBERTAD Act, which I have signed
    into law in memory of the four victims of this cruel attack, reasserts
    our resolve to help carry the tide of democracy to the shores of Cuba.

                                                          William J. Clinton

    The White House,

    March 12, 1996.

    Note: H.R. 927, approved March 12, was assigned Public Law No. 104-114.