Cuba's Legal System
CHAPTER XVII
SOLUTION OF CONFLICTS
Article 57.
1. The conflicts which may arise in relations between partners of a joint venture, or between foreign investors and national investors party to an international economic-association contract, or between partners in a company with totally foreign capital in the form of a nominal share corporation shall be resolved in accordance with the founding documents.
2. The same rule applies when the conflict arises between one or more of the foreign partners and the joint venture or company with totally foreign capital to which the partner or partners belong.
Article 58.
Litigation over the execution of economic contracts between joint ventures, foreign investors and national investors party to international economic-association contracts or totally foreign capital companies, on the one hand, and state enterprises or other national entities are the jurisdiction of the economic division of the People's Courts established by the Governing Council of the People's Supreme Court.
The U.S. House of Representatives Internet Law Library Laws of other nations Cuba
General Information
WHAT YOU NEED TO KNOW ABOUT THE U.S. EMBARGO
(Treasury Document)
Office of Foreign Assets Control
U.S. Department of the Treasury
Cuban Assets Control Regulations
(Title 31 Part 515 of the U.S. Code of Federal Regulations)
INTRODUCTION - The Cuban Assets Control Regulations were issued by the U.S. Government
on 8 July 1963 under the Trading With the Enemy Act in response to certain hostile actions by
the Cuban government. They are still in force today and affect all U.S. citizens and permanent
residents wherever they are located, all people and organizations physically in the United States,
and all branches and subsidiaries of U.S. organizations throughout the world. The Regulations
are administered by the U.S. Treasury Department's Office of Foreign Assets Control. The basic
goal of the sanctions is to isolate Cuba economically and deprive it of U.S. dollars. Criminal
penalties for violating the sanctions range up to 10 years in prison, $1,000,000 in corporate and
$250,000 in individual fines. Civil penalties up to $55,000 per violation may also be imposed.
Please note that the Regulations require those dealing with Cuba to maintain records, and, upon
request from the U.S. Treasury Department, to furnish information regarding such dealings.
SELLING TO CUBA - Except for publications and other informational materials, and certain
humanitarian goods licensed for export by the U.S. Department of Commerce, such as medicine
and medical supplies, no products, technology or services may be exported from the United
States to Cuba, either directly or through third countries, such as Canada or Mexico. This
prohibition includes dealing in or assisting the sale of goods or commodities to or from Cuba,
even if done entirely offshore. Such "brokering" is considered to be the export of a service.
Provision of consulting services is also prohibited. Furthermore, no U.S. citizen or permanent
resident alien, wherever located, and no foreign subsidiary or branch of a U.S. organization may
export products, technology, or services to Cuba or "broker" the sale of goods or commodities to
or from Cuba.
Section 1705(b) of the Cuban Democracy Act provides for donations of food to
nongovernmental organizations or individuals in Cuba. Shipments of food can be donated to
non-governmental organizations from the U.S. or from third countries, without the need for a
license from the U.S. government. Under Section 1705(c) of the same act, exports of medicines
and medical supplies are allowed, but require a license issued by the U.S. Commerce
Department. U.S. banks may handle the financial aspects of licensed transactions, but may not
use blocked funds to pay for such shipments. The Act specifically provides that payments to Cuba involving telecommunications may be made pursuant to specific license.
In the mid-1970's, Section 515.559 had been added to the Cuban Assets Control Regulations to
allow OFAC to license foreign subsidiaries of U.S. firms to conduct trade with Cuba so long as
several specific criteria were met. Section 1706( a) of the CDA prohibits the issuance of a
license that would have been issued pursuant to Section 515.559, except where a contract was entered
into prior to enactment of the CDA. Exports of medicines and medical supplies by foreign
subsidiaries may be considered for licensing.
No vessel carrying goods or passengers to or from Cuba or carrying goods in which Cuba or a
Cuban national has any interest may enter a U.S. port. The prohibition also applies to vessels
which enter only to take on fuel and supplies (bunker), whether from U.S. fuel providers within
the port limits or at offshore points, as well as vessels discharging or loading merchandise
offshore, by lighter or otherwise. In addition, vessels which enter a port or place in Cuba to
engage in the trade of goods or services are prohibited from loading or unloading any freight at
any place in the U.S. for 180 days.
BUYING FROM CUBA - Goods or services of Cuban origin may not be imported into the
United States either directly or through third countries, such as Canada or Mexico. The only
exceptions are $100 worth of Cuban merchandise which may be brought into the United States as
accompanied baggage by authorized travelers arriving from Cuba and publications, artwork, or
other informational materials.
SPECIALLY DESIGNATED NATIONALS - The Regulations prohibit buying from or selling to
Cuban nationals whether they are physically located on the island of Cuba or doing business
elsewhere on behalf of Cuba. Individuals or organizations who act on behalf of Cuba anywhere
in the world are considered by the U.S. Treasury Department to be "Specially Designated
Nationals" of Cuba. Their names are published in the Federal Register, an official publication of
the U.S. Government. A listing of such Specially Designated Nationals may be obtained by
calling the Office of Foreign Assets Control at 202/622-2420. The listing, however, is a partial
one and any U.S. individual or organization engaging in transactions with foreign nationals must
take reasonable care to make certain that such foreign nationals are not specially designated.
Specially Designated Nationals of Cuba operating in the United States are subject to criminal
prosecution. U.S. individuals or organizations who violate the Regulations by transacting
business with them are also subject to criminal prosecution or civil monetary penalties.
ACCOUNTS AND ASSETS - There is a total freeze on Cuban assets, both governmental and
private, and on financial dealings with Cuba; all property of Cuba, of Cuban nationals, and of
Specially Designated Nationals of Cuba in the possession of U.S. persons is "blocked." Any
property in which Cuba has an interest which comes into the United States is automatically
blocked by operation of law. Banks receiving unlicensed wire transfer instructions in which
there is a Cuban interest, or any instrument in which there is a Cuban interest, must freeze the
funds on their own books or block the instrument, regardless of origin or destination. "Suspense
accounts" are not permitted. Blocking imposes a complete prohibition against transfers or
transactions of any kind. No payments, transfers, withdrawals, or other dealings may take place
with regard to blocked property unless authorized by the Treasury Department. Banks are
permitted to take normal service charges. Blocked deposits of funds must be interest-bearing.
"Set-offs" are not allowed.
U.S. persons are required to exercise extreme caution in order not to knowingly involve
themselves in unlicensed transactions in which Cuba has an interest. No bank in the U.S. nor
overseas branch or subsidiary of a U.S. bank may even advise a letter of credit involving Cuba
nor may it process documents referencing Cuba. All such "property" must be blocked as soon as
it comes within the bank's possession or control. U.S. persons who engage in any commercial
dealings that involve unauthorized trade with Cuba, either directly or indirectly, are at risk for
substantial monetary penalties and criminal prosecution.
SENDING GIFTS - Gift parcels may be sent or carried by an authorized traveler to an individual,
or to a religious, charitable, or educational organization in Cuba for the use of the recipient or of
the recipient's immediate family, subject to the following limitations: the combined total
domestic retail value of all the items in the parcel must not exceed $200 per month; not more
than one parcel may be sent or given by the same person in the U.S. to the same recipient in
Cuba in any one calendar month; and content must be limited to food, vitamins, seeds,
medicines, medical supplies and devices, hospital supplies and equipment, equipment for the
handicapped, clothing, personal hygiene items, veterinary medicines and supplies, fishing
equipment and supplies, soap-making equipment, or certain radio equipment and batteries for
such equipment. Organizations that consolidate and send multiple gift parcels in single
shipments must obtain a validated license from the U.S. Department of Commerce. Each gift
parcel in the single shipment must meet commodity, dollar-value, and frequency limitations. If a
parcel being shipped or carried to Cuba fails to meet these standards, it is subject to seizure by
the U.S. Government.
TRAVEL TO CUBA - Only persons whose travel falls into the categories discussed below are
authorized to spend money related to travel to Cuba without obtaining special permission from
the U.S. Treasury Department. Even that money may be spent only for purchases of items
directly related to travel such as hotel accommodations, meals, local transportation, and goods
personally used by the traveler in Cuba at a rate not to exceed $100 per day and for the purchase
of $100 worth of Cuban merchandise to be brought into the United States as accompanied
baggage. Purchases of services unrelated to travel, such as non-emergency medical services, are
prohibited. The purchase of publications and other informational material is not restricted.
The following categories of travelers are permitted to spend money for Cuban travel without the
need to obtain special permission from the U.S. Treasury Department:
- Official Government Travelers - U.S. and foreign government officials, including
representatives of international organizations of which the United States is a member, who are
traveling on official business.
- Journalists regularly employed in such capacity by a news reporting organization.
- Persons who are traveling to visit close relatives in Cuba in circumstances of extreme
humanitarian need. This authorization is valid without a specific license from the Office of
Foreign Assets Control only once every twelve months.
Specific licenses may be issued by the Office of Foreign Assets Control on a case by case basis
authorizing travel transactions by persons in connection with the following travel categories:
- Humanitarian Travel - (1) persons traveling to Cuba more than once in a twelve month period
to visit close relatives in cases involving extreme hardship, such as terminal illness or severe
medical emergency; (2) persons traveling to Cuba to accompany licensed humanitarian donations
(other than gift parcels); or, (3) persons traveling in connection with activities of recognized
human rights organizations investigating specific human rights violations.
- Travel in connection with professional research or similar activities, for clearly defined
educational or religious activities, or for purposes related to the exportation, importation, or
transmission of information and informational materials, including provision of
telecommunications services.
U.S. travel service providers, such as travel agents and tour operators, who handle travel
arrangements to, from, or within Cuba must hold special authorizations from the U.S. Treasury
Department to engage in such activities. These authorizations are issued based on written
applications from the service providers, subject to appropriate checks by the Treasury
Department. A traveler should not use any travel service provider that does not hold valid
Treasury authorization. If in doubt about the status of a service provider's authorization, travelers
should call the Office of Foreign Assets Control at 202/622-2430.
SENDING MONEY TO CUBA - Remittances, including family remittances, may no longer be
sent to Cuba without a specific license from the Office of Foreign Assets Control, except for
payments of up to $1,000 for fees and travel to enable a close relative to emigrate from Cuba to
the United States. A close relative means a spouse, child, grandchild, parent, grandparent,
great-grandparent, uncle, aunt, brother, sister, nephew, niece, first cousin, or spouse, widow, or
widower of any of those people. A close relative also means mother-in-law, father-in-law,
daughter-in-law, son-in-law, sister-in-law, or brother-in-law. Service providers, including banks
originating transfers on behalf of non-aggregating customers, must obtain an affidavit from the
remitter certifying that the Cuban immigrant has a valid U.S. Visa. The affidavit must contain
the full name, date of birth, and Visa date and number of the Cuban traveler. A travel remittance
may not be sent without an affidavit and affidavits must be kept on file.
FAIR BUSINESS PRACTICES - Anyone authorized by the U.S. Department of the Treasury to
provide Cuban travel services or services in connection with sending money to Cuba is
prohibited from participating in discriminatory practices of the Cuban government against
individuals or particular classes of travelers. The assessment of consular fees by the Cuban
government, which are applicable worldwide, is not considered to be a discriminatory practice.
However, requiring the purchase of services not desired by the traveler is not permitted. Persons
wishing to provide information on such activities should call 202/622-2430. All information
regarding arbitrary fees, payments for unauthorized purposes, or other possible violations
furnished to the U.S. Treasury Department will be handled confidentially.
ESTATES AND SAFE DEPOSIT BOXES - An estate becomes blocked whenever a Cuban
national is an heir or is the deceased; money from a life insurance policy is blocked whenever the
deceased is a Cuban resident. It is now possible for the heir of a person who died in Cuba, or the
beneficiary of a life insurance policy of a person who died in Cuba, to apply for a license from
the U.S. Treasury Department to unblock the estate or insurance proceeds. Persons
administering or interested in a blocked estate should contact the Department's Office of Foreign
Assets Control at 202/622-2480 for more information. A safe-deposit box is blocked whenever a
Cuban has an interest in the property contained in the box. Access to a blocked safe deposit box
for inventory purposes may be granted under certain conditions, but the contents of the box
remain blocked and may not be removed without the permission of the U.S. Treasury
Department.
PAYMENTS FOR OVERFLIGHTS - Private and commercial aviators must obtain a specific
license authorizing payments for overflight charges to Cuba. Banks will ask to see the originals
of such licenses before executing transfers and keep a copy for their files. Such transfers must be
in a currency other than U.S. dollars.
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.
Summary of Mexico's Position Regarding The Helms-Burton Act and Cuba
The Government of Mexico, in its statement of August 28, 1996,
expressed its opinion that the Helms-Burton Act violates the principles of
International Law, specifically those that guarantee equal sovereignty of states
and non-intervention. Therefore, Mexico concludes that the Cuban people have
the exclusive right to decide the nature of their economic, social, and
political regime. The Charters of the OAS and Resolution 2625 (XXV) of the UN's
General Assembly forbid the imposition of economic or political measures
intended to force another state's will, and the Mexican position employs these
to denounce the economic embargo the U.S. has placed on Cuba.
Mexico objects to the extra-territorial enforcement measures of the
Helms-Burton Act that challenge the right of Mexican individuals to carry out
financial and commercial operations anywhere in the world. The statement from
Mexico calls attention to the broad international sentiment in opposition to the
U.S. Act, including the objections of:
. The Inter-American Juridical Committee's conclusion of August 23, 1996 that
the Helms-Burton Act "is not in conformity with International Law"
- Canada
- The Grupo de Río members
- The CARICOM
- Russia
- The European Union
- The U.S. Secretary of State Warren Christopher, who wrote in a letter to
Newt Gingrich that the extra-territorial element of the Act "would be hard
to defend under International Law"
- The U.N.'s Special Rapporteur on Cuba's human rights situation stated on
April 16, 1996 that: "The passing in the U.S. of the Helms-Burton Act
deepens the spirit of confrontation between both countries, and does not
contribute in any way to the creation of a favorable atmosphere for the respect
of human rights."
Mexico encourages a political reconciliation between the U.S. and Cuba in
order to guarantee stability, peace, and safety in the common geographical area.
Summary of the OAS' Response to the Helms-Burton Act
The Inter-American Juridical Committee of the Organization of American
States on August 23, 1996, examined two aspects of the Helms-Burton Act: the
protection of the property rights of nationals and the extra-territorial effects
of jurisdiction. The Committee outlined the possible international effects of
the Act and considered those norms if International Law that regulate the
standard procedure for nationalization or expropriation of property and
determined areas in which the Helms-Burton Act does not conform to International
Law, including:
- U.S. courts are not the appropriate forum for the resolution of
State-to-State claims.
- The U.S. does not have the right to take on claims of persons who were not
nationals at the time of injury.
- The U.S. does not have the right to attribute liability to nationals of
Third States for a claim against Cuba.
- The U.S. does not have the right to impose liability to nationals of third
States for the use of expropriated property in Cuba when such use conforms to
Cuban law.
- The U.S. does not have the right to impose compensation in any amount
greater than the effective damage, including interest.
- The U.S. may not deprive a foreign national of the right to contest the
basis and the amount of claims that may affect his property.
The Committee also examined the legality of the extra-territorial aspects of the
Act and concluded that:
- All States are subject to International Law and may not take measures
outside of these bounds without incurring responsibility.
- All States have the freedom to exercise jurisdiction, but within the limits
imposed by International Law.
- No State may exercise its power in any form in the territory of another
State.
- A State may justify the application of the laws of its territory only if an
act occurring outside its territory has a direct, substantial, and foreseeable
effect within its territory.
The Committee decided that the U.S does not have the right to control acts of "trafficking
in confiscated property" when there is no apparent connection between such
acts and the protection of its essential sovereign interests. After
consideration of all above points, the Committee determined that Helms-Burton is
not in conformity with international law.
Six-Month
Suspension of Title III of Cuban Liberty and Democratic
Solidarity Act (LIBERTAD Act)
Source: White House WWW "Briefing
Room"--July 16, 1997
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release July 16, 1997
STATEMENT BY THE PRESIDENT
Today I am notifying the Congress of my decision to suspend for 6
more months
the right of U.S. citizens to file suit against foreign firms
trafficking in
confiscated properties in Cuba. This decision is consistent with
my strong
commitment to implement the Cuban Liberty and Democratic
Solidarity Act
(LIBERTAD Act) in a way that best serves our national interest
and hastens a
peaceful transition to democracy in Cuba.
I have invoked this waiver for the past year in order to continue
strengthening
cooperation with our friends and allies toward our shared goal of
ending Cuba's
38 years of oppression. Thanks to the efforts of Stuart Eizenstat
-- my
Special Representative for the Promotion of Democracy in Cuba and
now Under
Secretary of State -- we have made significant progress. We are
forging an
international consensus on concrete steps to clear the way for a
new era of
democracy and prosperity for the people of Cuba.
I said in January that I expected to continue suspending this
provision of
title III of the LIBERTAD Act so long as our partners continued
their
stepped-up efforts to promote a democratic transition in Cuba. My
decision
today to renew the suspension reflects the sustained progress
that has been
made over the past 6 months and my expectation of further
advances in the
future. Just 2 weeks ago, the European Union (EU) formally
renewed its
commitment to the historic Common Position it adopted last
December. This
agreement binds all 15 EU member nations to make any improvement
in relations
with Cuba dependent on concrete advances in human rights and
political freedoms
on the island. EU member states have broadened their contacts
with human
rights activists and independent groups in Cuba. Furthermore,
after careful
consultation with the Congress, the United States and the EU
reached an
understanding on April 11 to develop international disciplines to
inhibit and
deter the acquisition of confiscated properties or any dealings
involving them.
Key countries in Europe and, increasingly, Central and South
America have made
clear that they are no longer conducting "business as
usual" with the Castro
government. Instead, their leaders are pressing for the release
of political
prisoners, free elections, economic reform, and other measures
that will help
the Cuban people achieve the fundamental political and economic
freedoms they
deserve. Major European political parties met in The Netherlands
for the first
time to promote freedom and human rights in Cuba and issued a
strong
declaration urging Castro to democratize Cuba.
Nongovernmental organizations (NGOs) have also risen to the
challenge.
European NGOs have made pathbreaking strides to increase
international support
for change in Cuba and provided unprecedented support to
prodemocracy activists
on the island. Business and labor groups are formulating
"best business"
practices for firms investing in Cuba. While the United States
discourages
investment in Cuba, we hope that those who do invest there will
foster respect
for basic workers rights and improvements in working conditions.
We have continued to enforce vigorously title IV of the LIBERTAD
Act, denying
entrance into the U.S to directors of several foreign firms that
traffic in
confiscated properties in Cuba. As a result, several firms have
withdrawn from
investments and contracts in Cuba and are reassessing future
investments. The
United States will continue enforcing title IV during the
negotiations of
binding international disciplines as called for in the U.S.-EU
understanding.
The Administration will consult further with the Congress
concerning authority
to waive title IV if the investment guidelines have been agreed
upon and
implemented.
We are making real progress in strengthening the international
effort to bring
democracy to Cuba. The Cuban people and the Castro regime hear
the message
more clearly than ever. The international community is committed
to seeing
freedom reach Cuba's shores and the Cuban people assume their
rightful place in
the family of democratic nations.
July 16, 1997
U.S. STATE DEPARTMENT
FACT SHEET
The President's Title III Decision July 16, 1998
Presidential Decision
President Clinton has suspended for an additional six months, effective August 1, 1998, the provision allowing U.S. nationals with claims to confiscated property in Cuba to file suit under Title III of the Cuban Liberty and Democratic Solidarity Act (Libertad Act), as provided for in the Act. In accordance with the Act, the President certified that a suspension Is necessary to the national interest and will expedite a transition to democracy in Cuba. He has reported his determination to the appropriate Congressional committees. In reaching this decision, the President cited important continuing actions by our friends and allies to promote democracy in Cuba.
The President allowed Title III to enter into force on August 1, 1996, but suspended for six months the right it grants to American nationals to bring suit against persons trafficking in confiscated properties in Cuba, a claim to which is held by a U.S. national. He did so in order to work with our friends and allies to develop a multilateral approach to advance democracy, human rights and fundamental freedoms in Cuba.
In January 1997, the President cited significant progress toward that goal and renewed the suspension for another six months in order to consolidate and develop the multilateral approach. At that time, he said he would expect to continue to suspend the right to file suit as long as our friends and allies continue their stepped-up efforts to promote a transition to democracy in Cuba. In July 1997 and in January 1998, the President noted additional concrete steps to promote democracy and human rights when he announced additional six-month suspensions.
In his statement today, the President described additional important steps which have been taken by governments, non-governmental organizations [NGOs], and the private sector as part of the multilateral initiative to promote democracy in Cuba. The President is continuing to expand the multilateral effort to promote democracy in Cuba. His initiative to gain ~~~~international support and action for democracy in Cuba -- the most ambitious since Castro seized power -- is yielding tangible positive results. Under Secretary of State Stuart Eizenstat is continuing to provide leadership to the President's pro-democracy initiative.
Progress in the International Effort to Promote Democracy in Cuba.
Government Actions
-- On February 17, El Salvador's President Armando Calderon Sol called on Cuba to begin an "opening to Democracy" before El Salvador could normalize relations with Cuba. El Salvador's Foreign Minister said his government would wait for profound changes in the areas of democracy and human rights before establishing diplomatic ties.
-- On February 23, the EU urged the Cuban government to release political prisoners, including the four members of the Dissidents Working Group, and permit their reintegration into society in response to the Pope's visit.
-- In March, a top Italian diplomat visited dissidents in Cuba and told Cuban officials that only private enterprise would bring about needed economic growth.
-- In April, Argentina's President Menem said, "President Clinton and I agreed to maintain our two countries' polices toward Cuba. We basically want a rapid return of Cuba to democracy, freedom, and respect for human rights." Argentina's Foreign Minister DiTella demanded the political democratization and (economic liberalization of Cuba: "Cuba must democratize, it must respect human rights, it must opt for a normal market economy."
-- The EU allowed~ its WTO case against aspects of Helms-Burton and the embargo to lapse in~ April as we continued to develop the multilateral approach.
-- Brazil's President Cardoso gave an address to the Summit of the America's in Santiago on April 28, saying "one country is missing" from the hemisphere's commitment to democracy. "We hope that it will move towards democracy.
-- In his visit to Cuba in late April, Canadian Prime Minister Chretien handed Castro a list of political prisoners and appealed to him to release four leading dissidents jailed without trial. On concluding his visit, he said Castro "has to change." Chretien's staff met with dissidents.~~~
-- At its annual conference in Brazil in May, the InterAmerican Center for Tax Administrators (CIAT) did not support Cuba's application to join because of Cuba's undemocratic character.
-- French Cooperation Minister Josselin said on May 5, "Europe and France want the initiation of a process of democratization and human rights in Cuba." In order for Cuba to become a member of the EU's tome Convention, Cuba would need to agree to more "political dialogue." He added, "We are also interested in seeing all political prisoners freed."
-- On May 18, the US and EU agreed to an Understanding which will inhibit and deter investment in property expropriated contrary to international law around the world, including in Cuba. The EU acknowledged for the first time that one of the primary tools used by the Castro regime to expropriate property belonging to US citizens appears to be contrary to international law and that they will take steps to inhibit and deter investment in such expropriated property. No commercial assistance will be provided by EU Member States to investors in expropriated property in Cuba. This will chill investment in Cuba, when implemented.
-- In their meeting in Geneva May 19, Swiss President Cotti pressed Castro on human rights, democracy, and political prisoners.
-- Brazilian Foreign Minister Lampreia met with dissidents in Cuba in May and said the issue of human rights in Cuba was a "heartfelt and priority policy" for Brazilian President Cardoso because he had been exiled and jailed by a previous dictatorial government in Brazil.
-- At its General Assembly in Caracas June 2, the OAS declined to take up a formula for readmission of Cuba, with many delegations citing Cuba's failure to comply with the democratic standards of the OAS. Argentina's Foreign Minister DiTella said the OAS is for democracies, adding that Cuba could not enter the OAS under current criteria, "because it would be expelled the following day."
-- On June 6, Nicaragua's President Aleman called on Cuba to "rejoin the Americas and democracy."
-- On June 8, the European Union reconfirmed its Common Position on Cuba. It called for "a peaceful transition to pluralist democracy in Cuba and greater respect for human rights and fundamental freedoms." The EU also reported that the EU Human Rights Working Group in Havana ~~~~had been in touch with dissidents and noted that "there has been no substantive change in the political and economic situation in Cuba."
-- In his visit to Cuba June 9, Italy's Foreign Minister Dini called for "progress on freedom of expression and association," and recognition and protection of individual rights. Dini's chief of staff met with dissidents.
-- In a speech in Miami June 12, Spain's Prime Minister Aznar expressed his wish that Cuba recover "as soon as possible" its "lost liberty."
-- A leading member of the delegation of Pierre Mauroy, former Prime Minister of France and current Socialist International leader, met with Cuban dissidents on June 19.
-- While the EU agreed on June 26 that Cuba could observe negotiations to revise the Lome Convention, it said full cooperation, including membership in Lome "will depend upon substantial progress on human rights, good governance, and political freedoms... The Council expects, in particular, that the obstruction of the Havana Ambassadors Human Rights Working Group shall cease, and the four members of the Dissidents' Working Group now in prison shall be released."
NGOs and Human Rights Organizations
-- Amnesty International released a report in January documenting cases of political prisoners in Cuba.
-- The Inter American Commission on Human Rights, affiliated with the OAS, released a report April 23 that said the Cuban state "continues to seriously violate the civil and political liberties of the Cuban people. Political discrimination and the systematic violations of freedom of speech and freedom of organization continue to be a state policy..."
-- Amnesty International and Reporters Sans Frontieres issued a joint statement on March 26 saying that Cuba continued to hold "scores of prisoners of conscience, including two journalists." Both organizations called on the Cuban government to release all political prisoners and permit the Cuban people to establish independent organizations and express their views freely.
-- In May, Pax Christi, the leading Dutch Human Rights NGO, reported on conditions in Cuba during the Pope's visit in January, describing serious human rights abuses. The ~~~~r~eport called on the UN and the Catholic Church to establish permanent human rights offices in Cuba, and for the EU to establish a Human Rights Commissioner for Cuba.
Private Sector
-- The North American Committee (NAC), consisting of over 100 business, labor, and academic leaders from the United States, Canada, and Mexico, established an internal task force to develop plans to organize a broad coalition to promote its "Principles for Private Sector Involvement in Cuba." The NAC discussed this issue with other international NGOs and labor organizations~.
(end text)
Secretary of State Madeleine K. Albright
Statement on U.S.-EU Understanding on Expropriated Property
London, United Kingdom, May 18, 1998
As released by the Office of the Spokesman
U.S. Department of State
U.S.-EU Understanding on Expropriated Property
I am pleased that the United States and the European Union have reached a path-breaking Understanding that will inhibit and deter the acquisition of expropriated property around the world, including in Cuba.
This arrangement sends a strong signal of support for the protection of property rights. It advances emphatically a high-priority goal of the Administration, one we share with many in the Congress, including the Chairman of the Senate Foreign Relations Committee, Senator Helms, and Senator Coverdell.
The disciplines which we each will apply are multifaceted: no government loans, no government grants, no subsidies, no fiscal advantages, no government guarantees, no government political risk insurance, no government equity participation and no government commercial advocacy in support of investments in illegally expropriated property; joint or coordinated approaches to the expropriating state; and more. A Registry of Claims will be established for those who contend that their property was illegally expropriated, commercial assistance will need to take appropriate account of information on the Registry in considering applications for commercial assistance. And as for any property that may be illegally expropriated in the future, each of us will add to these disciplines an outright ban on investments.
The Europeans now acknowledge that one of the primary tools that the Castro regime used to expropriate property from U.S. citizens appears to have been contrary to international law. In this regard, we have established a special provision dealing with what the Understanding calls countries with "an established record of repeated expropriation in contravention of international law." Under this provision, EU commercial assistance agencies -- institutions like our OPIC and Eximbank -- will review applications for commercial assistance (e.g., political risk insurance) in Cuba, so as not to assist projects involving the acquisition of illegally expropriated property. The Europeans and we have agreed to maintain close contacts on the implementation of this provision.
This Understanding advances in a most significant way the goals of the supporters of the Helms Burton Act, such as the co-sponsors Senator Helms and Congressman Burton, along with Senator Torrecelli, Members of Congress Gilman, Menendez, Ros-Lehtinen and Diaz-Balart, as well as many others. The disciplines that the EU and we have adopted can do more than the U.S., acting alone, can do to advance the interests of U.S. claimants and to protect investors around the world.
The Understanding will also ensure that Castro is not able to put illegally expropriated U.S. property on a fire sale in a desperate effort to undo the results of 38 years of political repression and economic mismanagement. For these reasons, the Administration intends, as indicated in the April 11, 1997, Understanding between the U.S. and the EU, to seek legislation authorizing the President to waive Title IV of the Helms Burton Act with respect to countries implementing the disciplines set out in this Understanding.
[End of Document]
Fact Sheet: The U.S. Embargo and Healthcare in Cuba: Myth
Versus Reality
Released by the Bureau of Inter-American Affairs, August 5, 1997.
"Our country has gone from preventive medicine...to
sophisticated medicine, and today we have things that
no one else has." Fidel Castro, March 1997.
Summary
There is substantial misunderstanding and misinformation about
the present state of healthcare in Cuba, including the accusation,
which is not true, that it is U.S. policy to deny medicine or
medical supplies and equipment to the Cuban people.
The healthcare available to the average Cuban has deteriorated
because the Cuban Government has directed its increasingly scarce
resources elsewhere. While not providing basic medical needs to
its people, the Cuban Government has developed a closed, parallel
healthcare system for the Communist Party elite, foreign "health
tourists," and others who can pay for services in hard currency.
The Cuban Democracy Act of 1992 permits the exports of medicine,
medical supplies, and equipment to Cuba by American companies
and their subsidiaries, provided appropriate end-use monitoring
arrangements are in place. Since 1992, the U.S. has approved 36
of 39 license requests for medical sales. Thirty-one (31) licenses
were for the commercial sales of medicines, medical equipment,
and related supplies to Cuba. Five (5) licenses were for travel
to Cuba by representatives of American pharmaceutical companies
to explore possible sales. During the same period, the U.S. has
licensed over $227 million in humanitarian donations of medicines
and medical equipment. This total does not include the millions
of dollars in medicines sent to Cuban nationals in the form of
gift packages from groups and individuals in the U.S.
The Impact of Cuba's Economic Choices
Cuba's economy is in disarray because of the government's continued
adherence to a dysfunctional economic model. This decline has
directly affected the health of ordinary Cubans. Lack of chlorinated
water, poor nutrition, deteriorating housing, and generally unsanitary
conditions have increased the number of cases of infectious diseases,
especially in concentrated urban areas like Havana.
The grave economic problems in Cuba were exacerbated by the demise
of the Soviet Union and the ending of the $5 billion in subsidies
that the U.S.S.R. gave annually to the Cuban Government. Cuba
had made significant advances in the quality of healthcare available
to average citizens as a result of these subsidies. However, it
devoted the bulk of its financial windfall to maintaining an out-sized
military machine and a massive internal security apparatus.
The end of Soviet subsidies forced Cuba to face the real costs
of its healthcare system. Unwilling to adopt the economic changes
necessary to reform its economy, the Cuban Government soon faced
a large budget deficit. In response, the Cuban Government made
a deliberate decision to continue to spend money to maintain its
military and internal security apparatus at the expense of other
priorities--including healthcare.
According to the Pan American Health Organization, the Cuban Government
currently devotes a smaller percentage of its budget to healthcare
than such countries as Jamaica, Costa Rica and the Dominican Republic.
Healthcare in Cuba: "Medical Apartheid" and Health
Tourism
Not everyone in Cuba receives substandard healthcare. Senior Cuban
Communist Party officials and those who can pay in hard currency
have access to first-rate medical services.
This situation exists because the Cuban Government has chosen
to develop a two-tiered medical system--the deliberate establishment
of a kind of "medical apartheid"--that funnels money
into services for a privileged few, while depriving the healthcare
system used by the vast majority of Cubans of adequate funding.
Following the loss of Soviet subsidies, Cuba developed special
hospitals and set aside floors in others for exclusive use by
foreigners who pay in hard currency. These facilities are well-equipped
to provide their patients with quality modern care. Press reports
indicate that during 1996 more than 7,000 "health tourists"
paid Cuba $25 million for medical services.
Cuba's "Medical Technology Fair" held April 21-25, 1997
presented a graphic display of this two-tier medical system. The
fair displayed an array of both foreign and Cuban-manufactured
medicines and high-tech medical equipment and services items not
available to most Cubans. The fair showcased Cuban elite hospitals
promoted by "health tourism" enterprises such as SERVIMED
and MEDICUBA.
Members of the Cuban Communist Party elite and the military high-command
are allowed to use these hospitals free of charge. Certain diplomatic
missions in Havana have been informed that their local employees
can be granted access privileges to these elite medical facilities--if
they pay in dollars.
The founder of Havana's International Center for Neurological
Restoration, Dr. Hilda Molina, quit her position in 1994, after
refusing to increase the number of neural transplant operations
without the required testing and follow-up. She expressed outrage
that only foreigners are treated. Dr. Molina resigned from her
seat in the national legislature and returned the medals Fidel
Castro had bestowed on her.
In 1994, Cuba exported $110 million worth of medical supplies.
In 1995, this figure rose to $125 million. These earnings have
not been used to support the healthcare system for the Cuban public.
In fact, tens of millions of dollars have been diverted to support
and subsidize Cuba's biomedical research programs--money that
could have been used for primary care facilities.
Another means of earning foreign exchange at the expense of providing
healthcare to ordinary Cubans is the government's policy of exporting
its doctors to other countries. Three hundred Cuban doctors are
in South Africa alone. In the early 1990's, Cuba reportedly planned
to have 10,000 physicians abroad by the turn of the century.
A group of Cuban doctors who recently arrived in the United States
said they were "mystified" by claims in a recent report
of the American Association for World Health (AAWH) that the United
States embargo is to be blamed for the public health situation
in the country.
According to these doctors, "we...can categorically and authoritatively
state that our people's poor health care situation results from
a dysfunctional and inhumane economic and political system, exacerbated
by the regime to divert scarce resources to meet the needs of
the regime's elite and foreign patients who bring hard currency."
Referring to the growing disparity between healthcare provided
to ordinary Cubans and that offered to tourists and high ranking
Communist party members, the Cuban doctors noted that they "wish
that any one of us could provide tours to foreign visitors of
the hospitals Cira Garcia, Frank Pais, CIMEQ, and Hermanos Ameijeiras,
in order to point out the medicines and equipment, even the bedsheets
and blankets, reserved for regime elites or dollar-bearing foreigners,
to the detriment of our people, who must bring their own bedsheets,
to say nothing of the availability of medicines."
This statement is supported by the latest available trade figures
for Cuba (1995). Cuba's imports totaled $2.8 billion, yet only
$46 million--only 1.5% of overall foreign purchases--was spent
on medical imports for its 11 million people. In comparison, the
Dominican Republic, Cuba's neighbor, spent $208 million on medical
imports for its 7.5 million citizens in 1995.
U.S. Sales of Medicines and Medical Supplies to Cuba
The U.S. embargo does NOT deny medicines and medical supplies
to the Cuban people. As stipulated in Section 1705 of the Cuban
Democracy Act of 1992, the U.S. Government is authorized to issue
licenses for the sale of medicine and medical supplies to Cuba.
The major requirement for obtaining a license is to arrange for
end-use monitoring to ensure that there is no reasonable likelihood
that these items could be diverted to the Cuban military, used
in acts of torture or other human rights abuses, or re-exported
or used in the production of biotechnological products. Monitoring
of sales can be performed by independent non-governmental organizations,
international organizations, or foreign diplomats.
Since 1992, 36 of 39 license requests have been approved for U.S.
companies and their subsidiaries for sales of medical items to
Cuba. Thirty-one (31) licenses were for the commercial sale of
medicines, medical equipment, and related supplies to Cuba. Five
(5) licenses were for travel to Cuba by representatives of American
pharmaceutical companies to explore possible sales. Licenses have
included such items as a liquid chromatography gradient programmer
with pump and cable kit; Pentaspan (pentastarch); lab columns;
filtration gels and expendables; T 380A IUDs; IMAP (fluspirilene);
Thalamonal (fentanyl citrate); Depo-Provera contraception injection;
Prostin VR pediatric sterile solution (alprostadil); syringes;
an Ortho cytron absolute flow cytometer; catheters; medical diagnostic
kits; and fine chemicals for medical and scientific research.
The total dollar figure for these licensed transactions was at
least $1,665,909. The Department of Commerce declined three requests
for licenses. These exceptions to the general policy of approving
commercial medical sales with appropriate end-use monitoring occurred
in 1993 and 1994.
Moreover, the U.S. embargo on Cuba affects only U.S. companies
and their subsidiaries and other companies whose products contain
more than 10% U.S. content. Other nations and companies are free
to trade with Cuba. Should Cuba choose not to purchase from the
U.S., it can purchase medicine or medical equipment from other
countries. Such third country transactions only cost an estimated
2-3% more than purchases from the U.S. as a result of higher shipping
costs.
Humanitarian Assistance
The Cuban Democracy Act encourages the donation of humanitarian
supplies to the people of Cuba, including medicine, food, and
clothing.
Since the passage of the Cuban Democracy Act, the U.S. has become
the largest donor of humanitarian assistance to Cuba. Much of
the humanitarian assistance by U.S. non-governmental organizations
consists of medicines and medical equipment. The U.S. Government
has licensed more than $227 million in humanitarian donations
of medicines and medical supplies to Cuba over the last four years.
U.S. humanitarian assistance has been distributed throughout the
island, including to medical clinics. Monitoring is not required
for donations of medicines for humanitarian purposes to non-governmental
organizations in Cuba. During 1996 and through July of 1997, the
Treasury Department's Office of Foreign Assets Control (OFAC)
had issued 68 licenses for delivery of humanitarian goods to Cuba
and 44 for humanitarian needs assessments. During the same period
the Department of Commerce approved 123 licenses for humanitarian
donations; none were denied.
In addition, it is believed that the single largest source of
medicines used in Cuba today is the large volume of gift packages
sent to Cuban nationals by organizations and individuals living
in the U.S. These gift packages are estimated to be worth millions
of dollars annually.
Medical Contacts
In addition to providing licenses for both humanitarian assistance
and commercial sales of medical items, the U.S. has issued 21
visas to Cuban medical doctors in 1997 to attend medical congresses
and/or visit U.S. medical institutions. Cuban doctors have visited
the Center for Disease Control, the University of Puerto Rico
(BioEthics Congress), the American Academy of Orthopedic Surgeons
Annual Meeting, the Johns Hopkins University/Johns Hopkins Schools
of Medicine, University of North Carolina at Chapel Hill/Duke
University (HIV infections), the Marmer Medical Eye Center, and
the American Academy of Neurology (Parkinsons Disease). In 1996,
visas were issued to some 125 researchers in the natural sciences,
most of whom were doctors and biotechnologists. The doctors who
traveled worked for the Ministry of Public Health in hospitals
and clinics throughout Cuba.
OFAC has issued a number of licenses for U.S. medical personnel
to travel to Cuba. In January of this year, ORBIS International,
a non-profit, humanitarian organization dedicated to fighting
blindness, received a license to conduct a three-week training
program of Cuban ophthalmic professionals. The training program
included hands-on training in the diagnosis and treatment of childhood
eye disorders, cataracts, glaucoma, and diseases of the retina.
The training emphasized corneal transplants, technical skills,
and hands-on use of ophthalmic technical equipment.
The Disarm Education Fund, in conjunction with medical personnel
from the University of Southern California's University Hospital
Center for Arthritis and Joint Implant Surgery, was licensed to
lecture Cuban medical staff on procedures for performing knee
and hip replacement operations on Cuban civilian patients. These
U.S. medical personnel also trained Cuban orthopedic physicians
to perform surgical implants and in techniques for the treatment
of arthritic hip and knee joints.
Personnel of the Centers for Disease Control and Prevention (CDC)
have been licensed since 1994 to attend specialized medical congresses,
such as the 5th Latin American Tropical Medicine Congress. CDC
personnel also verified that Cuban Health Authorities performed
medical examinations that complied with U.S. laws and regulations
on immigrant applicants. CDC scientists discussed with their Cuban
counterparts data on the circulation of vaccine related to polio
virus following mass administration of oral polio vaccines; lectured
on communicable diseases and surveillance in emergencies; conducted
a one-week training course on influenza and laboratory procedures
for typing/subtyping influenza strains; and collaborated in an
extensive investigation of an epidemic of optic neuropathy in
Cuba that was accepted for publication.
Technical Information for License Requests
License applications are required for financial transactions related
to travel and the shipping of commodities, whether humanitarian
donations or commercial sales. Applications for travel licenses
are submitted to the Office of Foreign Assets Control (OFAC) in
the Department of the Treasury. License applications for commercial
sale and humanitarian shipping of medical supplies are submitted
to the Bureau of Export Administration, Department of Commerce.
However, overseas subsidiaries of U.S. companies that require
a license to sell medicine to Cuba must apply to OFAC. Please
note that OFAC has a Fax-On-Demand Service with complete information,
which can be reached at (202) 622-0077.
Please send Department of Commerce applications to:
Office of Exporter Services
PO Box 273
Bureau of Export Administration
Department of Commerce
Washington, DC 20230
Phone: (202) 482-4811; fax: (202) 482-3617
Please send OFAC applications to:
Director of the Office of Foreign Assets Control
Department of the Treasury
1500 Pennsylvania Avenue, NW-Annex
Washington, DC 20220
Phone: (202) 622-2480; fax: (202) 622-1657
[end of document]
Zenith and Eclipse:
A Comparative Look at Socio-Economic Conditions
in Pre-Castro and Present Day Cuba
Released by the Bureau of Inter-American Affairs, February 9, 1998.
Methodology | Health | Education | Consumption Production | Mass Media
SUMMARY AND INTRODUCTION
An enduring myth is that 1950's Cuba was a socially and economically backward country whose development was jump-started by the Castro government. In fact, according to readily-available historical data, Cuba was a relatively advanced country in 1958, certainly by Latin American standards and, in some areas, by world standards. The data appear to show that Cuba has at best maintained what were already high levels of development in health and education, but at an extraordinary cost to the overall welfare of the Cuban people. These include access to "basics" such as adequate levels of food and electricity, but also access to consumer goods, the availability of which have increased significantly in other Latin American countries in recent decades.
It is true that Cuba's infant mortality rate is the best in Latin America today, but it also was the best in Latin America -- and the 13th lowest in the world -- in pre-Castro Cuba. Cuba also has improved the literacy of its people, but Cuba had an excellent educational system and impressive literacy rates in the 1950's.
On the other hand, many economic and social indicators have declined since the 1959 revolution. Pre-Castro Cuba ranked third in Latin America in per capita food consumption; today, it ranks last. Per capita consumption of cereals, tubers, and meat are today all below 1950's levels. The number of automobiles in Cuba has fallen since the 1950's -- the only country in Latin America for which this is the case. The number of telephone lines in Cuba also has been virtually frozen at 1950's levels. Cuba once ranked first in Latin America and fifth in the world in television sets per capita. Today, it barely ranks fourth in Latin America and is well back in the ranks globally.
Cuba's rate of development of electrical power since the 1950's ranks behind every other country in Latin America except Haiti. Cuba is the only country in the hemisphere for which rice production today is lower than it was four decades ago. By virtually any measure of macroeconomic stability, Cuba was in far better shape in 1958 than it is today. Finally, the Castro government shut down what was a remarkably vibrant media sector in the 1950's, when the relatively small country had 58 daily newspapers of differing political hues and ranked eighth in the world in number of radio stations.
METHODOLOGY
This paper assesses Cuba's level of development in a variety of economic and social indicators during the revolutionary period (1959-present), especially relative to that of other countries during the same period. It relies most extensively on UN data, particularly from the statistical yearbook and demographic yearbook, which are considered among the most prestigious data compendiums in the development field. Trade data is derived from the IMF's Direction of Trade Statistics, which provides a consistent data series dating back to the 1950's. For the various international comparisons and rankings listed below, only those countries acquiring independence prior to 1958 and having relatively consistent data available for the period 1955-present have been included. (The former stipulation excludes many highly-developed Caribbean countries from consideration.)
HEALTH
The health care system is often touted by many analysts as one of the Castro government's greatest achievements. What this analysis ignores is that the revolutionary government inherited an already-advanced health sector when it took power in 1959.
Cuba's infant mortality rate of 32 per 1,000 live births in 1957 was the lowest in Latin America and the 13th lowest in the world, according to UN data. Cuba ranked ahead of France, Belgium, west Germany, Israel, Japan, Austria, Italy, Spain, and Portugal, all of which would eventually pass Cuba in this indicator during the following decades.
Today, Cuba remains the most advanced country in the region in this measure, but its world ranking has fallen from 13th to 24th during the Castro era, according to UN Data. Also missing from the conventional analysis of Cuba's infant mortality rates is its staggering abortion rate -- 0.71 abortions per live birth in 1991, according to the latest UN data -- which, because of selective termination of "high-risk" pregnancies, yields lower numbers for infant mortality. Cuba's abortion rate is at least twice the rate for the other countries in the table below for which data are available.
In terms of physicians and dentists per capita, Cuba in 1957 ranked third in Latin America, behind only Uruguay and Argentina -- both of which were more advanced than the United States in this measure. Cuba's 128 physicians and dentists per 100,000 people in 1957 was the same as the Netherlands, and ahead of the United Kingdom (122 per 100,000 people) and Finland (96).
Unfortunately, the UN statistical yearbook no longer publishes these statistics, so more recent comparisons are not possible, but it is completely erroneous to characterize pre-Revolutionary Cuba as backward in terms of healthcare.
