New York, October 24th, 2023.- The laws and provisions that make up the regulatory framework of the economic, commercial and financial blockade imposed on Cuba remain in full force and effect and are strictly enforced by U.S. state and government agencies, including the Departments of State, Treasury and Commerce.
During the period from March 2, 2022 to February 28, 2023, the following U.S. laws and regulations remained in force:
• Trading with the Enemy Act (1917): In its section 5(b) delegated to the chief executive the power to apply coercive measures in time of war or during any other period of national emergency and prohibited trade with the enemy or allies of the enemy during war.
• Foreign Assistance Act (1961): This act authorized the President to establish and maintain a total “embargo” upon all trade with Cuba and prohibited all assistance to the government of Cuba. It establishes that U.S. government funds destined for international aid and delivered to international organizations may not be used for programs related to Cuba.
• Presidential Proclamation 3447: Issued on February 3, 1962 by President John F. Kennedy, it decreed an “embargo” upon all trade between the United States and Cuba, in compliance with section 620(a) of the Foreign Assistance Act.
• Cuban Assets Control Regulations of the Treasury Department (1963): They stipulate the blocking of all Cuban assets in the United States; the prohibition of all trade and financial transactions, unless approved by a license; the prohibition of Cuban exports to the United States; the prohibition of any natural or legal person of the United States or a third countries to carry out transactions in U.S. dollars with Cuba; among other provisions.
• Export Administration Act (1979): Section 2401(b) (1) “National Security Control”, “Policy toward individual countries”, establishes the Trade Control List, on which the President of the United States maintains a number of countries to which special export controls may be established for national security purposes. Cuba is included in this list.
• Export Administration Regulations (EAR, 1979): It establishes the basis for general controls for items and activities subject to the control of the EAR, in line with the measures imposed by the U.S. government. It establishes a general denial policy for exports and re-exports to Cuba.
• Cuban Democracy Act or the Torricelli Act (1992): It prohibits subsidiaries of U.S. companies in third countries from trading goods with Cuba or Cuban nationals. It prohibits third country vessels touching Cuban ports from entering the U.S. territory with 180 days, except those licensed by the Secretary of the Treasury.
• Cuban Liberty and Democratic Solidarity Act or Helms-Burton Act (1996): It codified the provisions of the blockade, extending its extraterritorial scope, by imposing sanctions on directors of foreign companies that carry out transactions with US properties nationalized in Cuba and the threat of lawsuits in the courts of the United States for the same reason.
• Section 211 of the Emergency Supplemental Appropriations Act with respect to fiscal year 1999: It prohibits the recognition by U.S. courts of the rights of Cuban companies over trademarks associated with nationalized properties.
• Trade Sanctions Reform and Export Enhancement Act (2000): It authorized the export of agricultural products to Cuba, conditioned on payment in cash, in advance and without U.S. financing. It prohibited U.S. tourist travel to Cuba.
The U.S. blockade against Cuba constitutes a massive, flagrant and systematic violation of the human rights of all Cubans. Because of its stated purpose and the political, legal and administrative framework on which it is based, it is qualified as an act of genocide, according to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
On November 1 and 2, the United Nations General Assembly will consider and vote on the draft resolution “Necessity of ending the economic, financial and commercial blockade imposed by the United States of America against Cuba”. Once again, the international community will raise its voice and overwhelmingly reject this unjust, illegal and cruel policy.
Permanent Mission of Cuba to the United Nations
The Cuban Window 