[Weekly Compilation of Presidential Documents Volume 32, Number 11 (Monday, March 18, 1996)]
[Pages 479-480]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 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 the 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.

[[Page 480]]

    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.