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Information
regarding the Helms Burton Act
For Immediate Release
July 16, 1996
STATEMENT BY THE PRESIDENT
From the outset of my Administration, I have been committed to a bipartisan
policy that promotes a peaceful transition to democracy in Cuba. Consistent
with the Cuban Democracy Act and with the efforts of my predecessors, I have
maintained a tough economic embargo on the Cuban regime while supporting the
Cuban people in their struggle for freedom and prosperity. Often, the United
States has stood alone in that struggle, because our allies and friends
believed that pressuring Cuba to change was the wrong way to go.
Five months ago, the world was given a harsh lesson about why we need more
pressure on Cuba. In broad daylight, and without justification, Cuban
military jets shot down two unarmed American civilian aircraft over
international waters, taking the lives of four American citizens and
residents. I took immediate steps to demonstrate my determination to foster
change in Cuba -- including the signing into law of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act, which strengthens the embargo,
advances the cause of freedom in Cuba, and protects the interests of
American citizens whose property was expropriated by the Cuban regime. And I
called on the international community to condemn Cuba's actions.
Now the time has come for our allies and friends to do more -- to join us in
taking concrete steps to promote democracy in Cuba. That is why today, I am
announcing a course of action on Title III of the LIBERTAD Act to encourage
our allies to work with us and accelerate change in Cuba.
Title III allows U.S. nationals to sue foreign companies that profit from
American-owned property confiscated by the Cuban regime. The law also
provides me with the authority to suspend the date on which Title III enters
into force, or the date on which U.S. nationals can bring suit, if I
determine that suspension is necessary to the national interests and will
expedite a transition to democracy in Cuba. I have decided to use the
authority provided by Congress to maximize Title III's effectiveness in
encouraging our allies to work with us to promote democracy in Cuba.
I will allow Title III to come into force. As a result, all companies doing
business in Cuba are hereby on notice that by trafficking in expropriated
American property, they face the prospect of lawsuits and significant
liability in the United States. This will serve as a deterrent to such
trafficking -- one of the central goals of the LIBERTAD Act.
At the same time, I am suspending the right to file suit for six months.
During that period, my Administration will work to build support from the
international community on a series of steps to promote democracy in Cuba.
These steps include: increasing pressure on the regime to open up
politically and economically; supporting forces for change on the island;
withholding foreign assistance to Cuba; and promoting business practices
that will help bring democracy to the Cuban workplace.
At the end of that period, I will determine whether to end the suspension,
in whole or in part, based upon whether others have joined us in promoting
democracy in Cuba. Our allies and friends will have a strong incentive to
make real progress because, with Title III in effect, liability will be
established irreversibly during the suspension period and suits could be
brought immediately when the suspension is lifted. And for that very same
reason, foreign companies will have a strong incentive to immediately cease
trafficking in expropriated property -- the only sure way to avoid future
lawsuits.
Our allies and foreign business partners know from our actions over the past
four months that my Administration is determined to vigorously implement the
LIBERTAD Act. For example, Title IV of the Act bars from the United States
individuals who profit from property confiscated from American citizens. My
Administration has already begun to notify several foreign nationals that
they could no longer enter the United States. Rather than face this
prospect, a significant number of foreign companies already has chosen to
leave Cuba, thereby reducing the flow of resources the regime uses to
maintain its grip on power.
Today's action is the best way to achieve the bipartisan objectives we all
share: to isolate the Cuban government and to bring strong international
pressure to bear on Cuba's leaders, while holding out the very real prospect
of fully implementing Title III in the event it becomes necessary. By
working with our allies -- not against them -- we will avoid a split that
the Cuban regime will be sure to exploit. Forging an international consensus
will avert commercial disputes that would harm American workers and business
and cost us jobs here at home. And it will help maintain our leadership
authority in international organizations.
We will work with our allies when we can. But they must understand that for
countries and foreign companies that take advantage of expropriated property
the choice is clear: They can cease profiting from such property. They can
join our efforts to promote a transition to democracy in Cuba. Or they can
face the risk of full implementation of Title III. As our allies know from
our implementation of other provisions of the bill over the last four
months, my Administration takes this responsibility seriously.
For the past four decades Republican and Democratic administrations alike
have worked for the transition to democracy of the last non-democratic
regime in our hemisphere. This is a cause the international community should
be prepared to embrace. As implemented under today's decision, Title III of
the LIBERTAD Act provides us with powerful leverage to build a stronger
international coalition for democracy in Cuba if possible -- and with a
powerful tool to lead that struggle alone if necessary. This is in the best
interests of our country, and in the best interests of the Cuban people.
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