Florida Senators Martinez and Nelson
Everyone who seeks normal relations between the US and Cuba is justifiably celebrating the one-two punch of the Cuba language in the Omnibus Appropriations bill and the OFAC regulations to implement it as the first step toward restoring freedom of travel to everyone. While Cuban Americans have not yet achieved the unlimited travel and remittances promised by candidate Obama, they have regained the ground stolen by President Bush in 2004.
The Treasury Department’s fast action through OFAC is a more significant indicator of where the Administration is heading than the fig leaf that Secretary Tim Geithner provided the two rejectionist Democrats, Senators Menendez and Nelson, so they could vote for cloture.
It is worth reading his letters carefully as they affirm that a larger change is coming.
We are, however, currently reviewing United States policy toward Cuba to determine the best way to foster democratic change in Cuba and improve the lives of the Cuban people. Your views and the views of others on Capitol Hill will be important to that review, and the President remains committed to consulting with you as we consider changes to Cuba policy. (Texts here posted by Jake Colvin.)
Of course Senators Menendez, Martinez and Nelson will be consulted, but not more than other Senators like Kerry, Lugar and Dodd. A further encouraging note was in a Miami Herald story:
''The guidance issued yesterday by the Treasury Department was issued pursuant to a law passed by Congress,'' White House spokeswoman Gannet Tseggai said Thursday.''The president was not involved in the drafting of that provision, and it does not take the place of his own review of family visits and family cash remittances,'' she added.
Americans who care need to add their weight to the Administration's discussion so the President does not stop at family travel. A Citizens' Appeal for engagement with President Obama on Cuba can be seen here in the just posted newsletter of the Fund for Reconciliation and Development.
The extent to which the other side is in a state of aggressive denial can be seen in a leaked internal memo from the US-Cuba Democracy PAC
the mobilization of Democratic Members of Congress, and their aggressive outreach to the White House and Leadership on this issue has made it clear to the Obama Administration that there is a very vocal majority, bipartisan coalition in Congress that opposes even the slightest changes to current policy
Also possible is that the White House concludes that there are a few unreconcilables so married to narrow sectarian interests that they are ready to expose their Party and President to a week of diversionary and politically costly debate about embarrassing Congressional earmarks and ballooning deficits.
While some advisers may counsel accommodating them to avoid future problems, others will note that once the President changes travel policy to the maximum non-tourist level, that issue is over as a direct White House concern. The bitter end opponents can't do much beyond grumbling to their donors and their shrinking piece of the Florida and New Jersey community,
The tactic of putting the Cuba language in the Omnibus Appropriations bill foreclosed amendments in the House, but gave disproportionate power to two Democrats in the Senate whose votes prevented cloture. The reverse will apply to the stand alone full travel bill. There should not be a major problem in obtaining subcommittee and committee approval and assembling sixty Senate votes to end travel restrictions, but the House will afford more difficult terrain at all stages.
I am of mixed feelings about how Secretary Geithner addressed the precedent setting creation of a new general license category for the marketing or agricultural and medical products. OFAC has not yet published regulations in this area but his intent is clear and reasonable:
"regulations promulgated pursuant to that provision will seek to ensure that only travel for credible sales of food and medical products is authorized."
The problem lies in implementation.
"Any business using the general license will be required to provide both advance written notice outlining the purpose and scope of the planned travel and, upon return, a report outlining the activities conducted, including the persons with whom they met, the expenses incurred, and business conducted in Cuba."
Pre and post trip notification requirements are an annoyance and are hard to independently verify, except in cases of egregious public violation. A more relevant control is inherent in the nature of a general license, i.e. it applies to a category of people based on who they are and the reasonableness that travel is consistent with their professional or avocational identity.
OFAC may be tempted to apply a similar formula to grant general licenses for other forms of non-tourist travel like educational, religious and humanitarian. This requirement would be petty and unnecessary but is preferable to a time consuming and politicized vetting process of applications for specific licenses. (More on general vs. specific licenses here )
Senator Dodd pushed back arguing this novel restrictiveness of the meaning of a general license violated the intent of the new law in a letter posted by Phil Peters.
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Obama's campaign statements on unlimited and unrestricted travel vs. how Sen. Nelson mischaracterized them during the Omnibus debate can be seen here