WASHINGTON - Ten years after the controversial
Helms-Burton Act tightened the U.S. trade embargo on Cuba, one
of its staunchest supporters now says that some of its key passages
may need to be changed.
Back in 1996, President Clinton signed the Cuban
Liberty and Democratic Solidarity (Libertad) Act, which provided
support for Cuban dissidents and threatened lawsuits against foreigners
who invested in Cuban properties seized from U.S. subjects and
businesses.
It also detailed what Cuba needed to do before
the embargo could be lifted: for instance, when a transition government
would have to hold elections -- within 18 months -- and who could
head that government, not Fidel Castro or his brother Raúl.
Miami Republican Rep. Lincoln Díaz-Balart,
who drafted parts of the law, said he's generally pleased with
Helms-Burton because it took key elements of Cuba policy out of
the president's hands and thereby allowed the embargo ``to survive
the second four years of the Clinton administration.''
But the law also contains unnecessary provisions,
he added. ''Legislating is never a pretty process,'' he told The
Miami Herald.
CONDITIONS
Díaz-Balart says he favors paring the conditions
for lifting the embargo to three: Cuba must free all political
prisoners and allow exiles to return, opposition political parties
must be legalized, and the government must declare it will hold
democratic elections ``in six months, one year, two years, three
years.''
And what about the rest of Helms-Burton, including
the clause that bars Fidel or Raúl Castro from heading
a transition government? Díaz-Balart makes it clear that
if Raúl met the three conditions, he would deal with Raúl.
''That's what I call static,'' Díaz-Balart
said. ``I don't care what the name is. The [real] name is legitimacy.''
If required, Helms-Burton could be changed ''in
72 hours'' to make it easier to lift the embargo, he added.
The Castro brothers have given no sign that they
would consider Díaz-Balart's proposals for change. But
his remarks nevertheless have raised some eyebrows among Cuba
observers.
Tomas Bilbao, executive director of the Cuba Study
Group, made up of moderate exiles who back a peaceful transition
in Cuba, said Díaz-Balart's statements were ``a smart change
in focus.''
''The congressman recognizes that the all-or-nothing
approach [in Helms-Burton] is an impediment to bringing about
a change,'' said Bilbao, director of operations for Florida Republican
Sen. Mel Martínez's 2003 campaign.
Clinton signed the controversial Helms-Burton
bill in 1996 amid the indignation that followed the shootdown
by Cuban MiGs just weeks before of two small planes flown by the
Miami-based Brothers to the Rescue. Four men were killed.
Critics of the law say it limits the role the
U.S. government can play in Cuba after Castro.
''Giving people reason to believe that the United
States sees itself as the ultimate arbiter of what happens in
Cuba, which government is good or bad, which government is acceptable
or not, which one is democratic or not . . . undermines the objective
of the U.S. playing a positive role in promoting a peaceful democratic
transition in Cuba,'' said Richard Nuccio, a Clinton White House
advisor on Cuba.
LAW'S IMPACT
The Cuban government, which has attacked the provisions
as a galling example of U.S. interventionism, estimates that Helms-Burton
has cost the island $82 billion in potential investments. But
it also oddly claimed that the government weathered the law's
impacts. The law was passed when Cuba was opening itself up to
foreign investments for the first time since the 1950s.
''They tried to score a home run on us, and we
split their bat,'' the newspaper Juventud Rebelde said on its
front page on March 12, when Helms-Burton turned 10 years old.
Many in the Cuban-American community still back
the legislation, largely drafted by Roger Noriega and Dan Fisk,
then respectively aides to Sen. Jesse Helms of North Carolina
and Rep. Dan Brown of Indiana, both Republicans.
Rep. Ileana Ros-Lehtinen, a Miami Republican,
said the law put an economic stranglehold on Castro, brought new
attention to rights abuses in the island and ``provided help for
human rights activists and pro-democracy forces in Cuba.''
Helms-Burton also generated international protests
because it extended the reach of U.S. courts. Its Title III, which
lets U.S. residents use U.S. courts to sue foreigners who invest
in confiscated U.S. properties in Cuba, has been consistently
waived by both the Clinton and Bush administration.
Title IV, which strips executives and owners of
foreign companies that invest in Cuba of their U.S. visas, has
been selectively used, much to the irritation of Cuban-American
lobbyists. The State Department has taken away visas, or threatened
to do so, of Canadian, Mexican and Jamaican investors, but not
of the more powerful Europeans.