In the Helms-Burton Act, the terms “confiscated property” and “confiscated assets” are used regularly. As Dr. Olga Miranda Bravo explains, these terms are in no way “similar to nationalization,” defined as an act by which a nation, in a legal process, can, for different reasons, order the appropriation of private properties and place them within the public treasury.”

The confiscation of assets is an accessory legal act, subsequent to the commission of a crime, which implies, in addition to a penalty, the restitution of property ill-gained, with no right to compensation.The Council of Ministers, in use of powers recognized by the Fundamental Law of the Republic, February 7, 1959 – broadly and specifically inspired by the 1940 Constitution – enacted Law No.15 on March 17, 1959, which ordered the confiscation, and consequent adjudication to the Cuban state, of assets owned by Fulgencio Batista and all those who collaborated with his dictatorship, recognized as responsible for multiple crimes, as set forth in the Code of Social Defense, in effect at that time.When the Helms-Burton Act refers in its section 302 of Title III to trafficking with property confiscated by the Cuban government, it is protecting the very criminals cited in Law 15/1959, whose assets were confiscated because they had committed crimes.

Nationalizations, as state acts, are based on a country’s sovereignty, and therefore every state is obliged to respect the independent right of all others to conduct such processes, which constitute acts of economic justice to benefit the entire people and, yes, do imply adequate compensation.

The first nationalizations took place in Cuba when the Agrarian Reform’s first law was enacted, and established compensation with 20-year government issued bonds which accrued 4.5% annual interest.

With regard to the Agrarian Reform, on June 29, 1959, the U.S. government delivered a diplomatic note to the Cuban government, stating that, in accordance with international law, the United States recognized that a state has the power to expropriate within its jurisdiction for public purposes, in the absence of contractual provisions or any other agreement to the contrary, however, this right must be accompanied by the corresponding obligation on the part of a state that this expropriation will entail the payment of “prompt, adequate, and effective compensation.”

The arrogant, interventionist note attempted to unilaterally establish the form in which compensation would be provided, as opposed to an indemnity agreed upon by the parties involved. Any such demand is invalid, given that the only right internationally recognized is “appropriate” payment, in accordance with laws in effect within the country of the government conducting a nationalization. Faced with his affront to the nation’s dignity and sovereignty, the Cuban government responded that such interference in the country’s internal affairs would not be accepted.

Always willing to discuss any such disagreement with the United States, on February 22, 1960, via a note from the Ministry of Foreign Affairs to the U.S. government, Cuba proposed reopening negotiations via diplomatic channels, on the basis of equality, as long as the “U.S. Congress did not adopt any measures of a unilateral nature to prejudice the outcome of the aforementioned negotiations, or that could cause damage to the economy of the Cuban people.”

The arrogant response was not long in coming: “The Government of the United States cannot accept the negotiating conditions expressed in his Excellency’s note, to the effect that no unilateral measures will be taken by the government of the United States that could affect the Cuban economy or that of its people, by either the legislative or executive branches.”Consistent with this imperial position, dismissive of any civilized dialogue, the Eisenhower administration established the principles that have guided U.S. administrations for all these years, evident in the infamous memorandum of April 6, 1960, less than a month after the previously mentioned exchange of notes, presented by Deputy Assistant Secretary of State for Inter-American Affairs Lester Mallory, in which he referred to our Revolutionary government, saying: “The only foreseeable means of alienating internal support is through disenchantment and disaffection based on economic dissatisfaction and hardship… Every possible means should be undertaken promptly to weaken the economic life of Cuba… denying money and supplies to Cuba… to bring about hunger, desperation and overthrow of government.”Other nationalization laws to benefit the people would be promulgated by the Revolutionary Government: 890, 891, 1076, the Urban Reform Law, etc.Noteworthy is Law 851 of July 6, 1960, whereby nationalizations were ordered, for reasons of public utility and social interest, of the assets of U.S. citizens and legal entities, with the corresponding compensation established. The payment of expropriated property would be made, after appraisal, in government-issued bonds.To guarantee the repayment of these bonds, a fund was established by the Cuba state which would be awarded 25% annually of the foreign exchange earned from sugar purchases by the United States in excess of three million long tons, for domestic consumption, at a price no less than 5.75 cents of the British pound. Toward this end, the National Bank of Cuba opened a special account in dollars designated: “Fund for the Payment of Expropriated Assets and National Enterprises of the United States of America.”

The bonds would accrue interest of 2% annually and be repaid within a period of no less than 30 years.

The U.S. government, fully aware of the damage to be caused its citizens who would be denied access to compensation granted by Cuban law, canceled the sugar quota that historically had been agreed upon with Cuba. Given the role of sugar in the nation’s economy, the essential basis for payment of adequate compensation was undermined, to which the economic, commercial, and financial blockade was added.On the other hand, the will of the Cuban state to dialogue, and come to agreement on compensation for nationalizations, made possible the reaching of accords with Switzerland and France (1967); Great Britain, Italy, and Mexico (1978); Canada (1980) and Spain (1986).In these compensation plans, it was expressly agreed: – Plaintiffs are represented by their government in government to government negotiations, and must be citizens of the claimant state at the time the property in question was expropriated. – The global agreed-upon figure of compensation is not that cited in the claim, but the result of fair assessment. – The establishment of terms and payment methods is in cash and in kind.Thus, let us ask, on what legal basis does the United States assert its courts’ right to hear and rule on sovereign acts of another state and against citizens of third countries? Only imperial arrogance, flagrant disregard for international law, and disrespect for other countries of the world, can explain this procedure.

(Granma)

The Federation of Cuban Workers and its trade unions expresses its commitment to continue representing this sector of the workforce and defend its rights, as we do for all workers, and condemns the growing hostility of the United States and its obsessive efforts to subjugate the homeland of Martí, activating all sections of the notorious Helms-Burton Act
To be heard these days are expressions of concern from members of the non-state sector, including private carriers; bed and breakfast owners; food service providers; and handicraft artisans, given the Trump administration’s prohibition on travel by any type of boat to our archipelago from the United States, including cruise ships.

An example of this dissatisfaction is the opinion of Hector Garcia, the driver of a classic convertible, who was interviewed by the Cuban News Agency, “These new regulations are totally crazy and absurd,” he said, noting that the economy of many families will be seriously affected, since much of their income comes from cruise passengers. The owners of the more than 300 classic and luxury cars associated with the Autos Antiguos Clásicos Descapotables agency, like so many taxi drivers with leases, “are worried about the future that awaits us.”

The White House is alarmed by the interest shown by U.S. citizens in learning the reality of this nation demonized by their government – the only country to which they cannot legally travel as tourists. In 2018, some 650,000 visited us, largely on cruises.

The drastic reduction of visitors from this country; the elimination of people-to-people educational trips; limitations on remittances; obstacles created by the obligation to travel to a third country to apply for a visa to visit the United States; and other restrictions of the Trump administration, not only affect the earnings of the self-employed, but also hinder the acquisition of financing and supplies for their businesses, and consequently, their contribution to the national economy and its priorities.

Such consequences reveal the double standards of U.S. imperialism, which at one time wanted to use Cuba’s non-state sector, “entrepreneurs,” as they are called, as a spearhead against the socialist project that has been underway for more than half a century in this land. They overlooked the fact that these workers are not alien to the Cuban economic model. On the contrary, they are important actors, who have been consistently supported, and now represent 13% of the economically active population.

The CTC and its trade unions will continue to defend their interests, as they have always done with all workers, and convey to them confidence in their importance and ability to contribute to the economic battle that is today the country’s principal challenge.

(Excerpts from CTC statement)

The country we want, he said, must be based on balanced, sustainable development, on prosperity in harmony with the environment, a fair distribution of wealth, and quality services for the entire people, according to the official Presidential website.

Also participating were the president of the National Assembly of People’s Power, Esteban Lazo Hernández, and First Vice President of the Councils of State and Ministers Salvador Valdés Mesa, as the President spoke of practicing solidarity; rejecting self-interest; repudiating discrimination; and defending the rights of all Cubans, not exclusive or privileged segments.

After discussing difficulties facing the nation with the regional cadres, Díaz-Canel reiterated the government’s two priorities: preparation for defense and the economic battle, both afforded the same level of importance.

Regardless of the circumstances, he stressed, we will not renounce the principles that have defined the Cuban Revolution since its inception, such as the worker-campesino alliance, the right to land for those who work it, universal and free access to education and health, as well as state ownership of the basic means of production.

During the meeting cardinal issues for the development of the country were analyzed, such as meeting commercial circulation plans, conserving energy, housing programs, and municipal food self-sufficiency.

Likewise, proposals from deputies to the National Assembly of People’s Power must be heeded, including those related to housing construction and subsidies; preventing fuel theft; and the production of food.

Among the unavoidable tasks in developing a better economy, Díaz-Canel mentioned the strengthening of socialist state enterprises; the ordering of non-state economic activity, without affecting its performance negatively; integrating all actors, forms of ownership and management involved in Cuba’s economic environment; making the investment process more efficient; boosting foreign investment; exporting more and replacing imports with domestic products.

He urged the efficient use of valuable human resources, and the skilled scientific workforce trained by the Revolution, to defend national production and encourage local development programs in all territories.

In this first exchange of this kind, the vice presidents of Administration Councils presented their experiences in each of the analyzed programs.

WITH LITTLE STEPS, GREAT THINGS ARE ACCOMPLISHED

We face the challenge of ensuring the comprehensive training of our athletes, to be young revolutionaries, true patriots and with extensive development as athletes, commented the President of Cuba’s Councils of State and Ministers, Miguel Diaz-Canel Bermúdez, to close the XXXI National Seminar to prepare of the coming school year in the Cuban sports system.

After outlining aspects of increasing threats by the United States government in the region, and the resurgence of the economic, commercial, and financial blockade on our country, the President insisted on the need to put an end to “the import mentality that sometimes delays initiative and proposals to overcome problems.

”This is a school year in which we must continue confronting, from a socialist position, banality, ignorance and vulgarity, elements that imperialism attempts to cultivate. And we must help our young athletes understand that the construction of socialism is challenging, because it is based on sacrifice, on collectivism, on the defense of all and for all,” he stressed.

Referring to Physical Education classes, he said that this is where values ​​are shaped, personalities molded, collectivism and solidarity forged.

Let us work toward developing beauty and the culture of detail as daily practices in sports, as well, he said, with little steps, great things are accomplished.

BATOS: AN INDUSTRY IS REBORN

While touring the Batos Sports Company, affiliated with the Light Industry Enterprise Group, President Díaz-Canel was able to appreciate the exquisite cleanliness and organization that reigns in the workshops, in which 256 types of sporting goods were manufactured last year.

Batos, founded in June 1965, produces and distributes sports implements and equipment, textile garments, supplies and services for the Cuban sports system, and in 2018 its more than 700 workers produced some 600,000 items, a figure that had not been reached since the years prior to the Special Period.

Accompanied by Osvaldo Vento Montiller, president of the National Institute of Sports, Physical Education, and Recreation, and Andrés Alberdi Valero, Batos director, the Cuban leader toured areas involved in leatherworks, woodworking, and the fabrication of balls for different sports, where he asked about stability of the workforce and the quality of productions, among other issues.

Walking through the textile workshop, he recognized the new uniform models being crafted, with unique designs, high quality, and patriotic symbols standing out. (Info from www.presidencia.gob.cu)