The new regulations seek to benefit Cuba's state-owned pharmaceutical companies; its stolen rum and cigar brands; and foreign trade (shipping) sector from which Cuban citizens are strictly prohibited. Moreover, there are no safeguards in the new regulations to protect the American victims of stolen property, providing an open invitation for trafficking in such stolen property.
These new regulations are inconsistent with provisions of the Cuban Democracy Act of 1992 and the Cuban Liberty and Democratic Solidarity Act of 1996 ("Libertad Act"), which codified the embargo into U.S. law. They even specifically invite American companies to negotiate contracts with state-owned entities, even if their actions would be in direct violation of U.S. law. Not only is this legally and ethically concerning, but represents the greatest betrayal of the Cuban independent "entrepreneurs" that Obama has purported to champion.
Over the last few weeks, Democrat presidential nominee Hillary Clinton has been running advertisements in South Florida on the importance of respecting U.S. law, namely the Cuban embargo, even if one disagrees with the policy. We call on Secretary Clinton to be consistent and denounce the Obama Administration's latest regulatory effort, which contravenes U.S. law and invites American companies to violate it.
If the Obama Administration seeks to immediately change the U.S. embargo (as codified by the U.S. Congress into law), without respect for the fundamental rights of the Cuban people or the democratization of the Castro dictatorship, it should simply follow the process set forth in the U.S. Constitution.