From the second e-Activity (Year of Action), select a policy the Obama administration is
presently implementing. Discuss how the implementation of this policy \'cuts\' across all levels
of government. What level of government (who) is responsible for implementing it? How does it
affect other levels of government and/or nonprofit organizations? How might different levels of
government and the nonprofit or business sector collaborate to improve the effectiveness
(outcome) of this policy? Be sure to provide relevant examples and support your positions with
appropriate sources. Please provide references
Solution
Last week, President Obama announced plans for his administration to take historic steps to chart
a new course in U.S.-Cuba diplomatic relations. Of the various components surrounding this
ground-breaking policy approach, the President expressed a strong desire and willingness to
increase travel, trade and information to Cuba by \"chang[ing] course\" and engaging in \"an
honest and serious debate\" with members of Congress.
By normalizing relations with Cuba, the Obama administration will look to loosen the trade and
travel embargo with Cuba that has been in effect for more than five decades. However, the initial
steps to resume relations with Cuba are limited, in both travel and trade, and the reality of a
Republican-controlled Congress will undoubtedly present serious challenges to changing the
current system.
The Embargo
The main mechanism of enforcement of the U.S. embargo with Cuba is the Cuban Assets
Control Regulations (CACR) enacted in 1963. The CACR is enforced by the Office of Foreign
Assets Control (OFAC) of the U.S. Department of the Treasury. CACR affects all U.S. citizens
and legal permanent residents (\"green card\" holders) wherever they are located, all people and
organizations physically located in the United States, and all branches and subsidiaries of U.S.
organizations throughout the world. In 1996, Congress passed the Cuban Liberty and Democratic
Solidarity (Libertad) Act (Helms-Burton Act), specifically requiring the President to instruct the
Department of the Treasury and Attorney General to enforce the embargo with Cuba.
Under the CACR, travel to Cuba is restricted. Persons subject to U.S. jurisdiction must obtain a
license to engage in any transactions involving travel to, from and within Cuba. Travel for
purposes that fall outside of permissible categories (meaning family visits; official government
travel; journalistic activities; professional research and professional meetings; educational
activities; religious activities; public performances, clinics, workshops, athletic and other
competitions, and exhibitions; support for the Cuban People; humanitarian projects, activities of
private foundations or research or educational Institutes, exportation, importation, or
transmission of information or informational materials) is not licensable. Even travel within the
permissible categories cannot exceed the restricti.
From the second e-Activity (Year of Action), select a policy the Oba.pdf
1. From the second e-Activity (Year of Action), select a policy the Obama administration is
presently implementing. Discuss how the implementation of this policy 'cuts' across all levels
of government. What level of government (who) is responsible for implementing it? How does it
affect other levels of government and/or nonprofit organizations? How might different levels of
government and the nonprofit or business sector collaborate to improve the effectiveness
(outcome) of this policy? Be sure to provide relevant examples and support your positions with
appropriate sources. Please provide references
Solution
Last week, President Obama announced plans for his administration to take historic steps to chart
a new course in U.S.-Cuba diplomatic relations. Of the various components surrounding this
ground-breaking policy approach, the President expressed a strong desire and willingness to
increase travel, trade and information to Cuba by "chang[ing] course" and engaging in "an
honest and serious debate" with members of Congress.
By normalizing relations with Cuba, the Obama administration will look to loosen the trade and
travel embargo with Cuba that has been in effect for more than five decades. However, the initial
steps to resume relations with Cuba are limited, in both travel and trade, and the reality of a
Republican-controlled Congress will undoubtedly present serious challenges to changing the
current system.
The Embargo
The main mechanism of enforcement of the U.S. embargo with Cuba is the Cuban Assets
Control Regulations (CACR) enacted in 1963. The CACR is enforced by the Office of Foreign
Assets Control (OFAC) of the U.S. Department of the Treasury. CACR affects all U.S. citizens
and legal permanent residents ("green card" holders) wherever they are located, all people and
organizations physically located in the United States, and all branches and subsidiaries of U.S.
organizations throughout the world. In 1996, Congress passed the Cuban Liberty and Democratic
Solidarity (Libertad) Act (Helms-Burton Act), specifically requiring the President to instruct the
Department of the Treasury and Attorney General to enforce the embargo with Cuba.
Under the CACR, travel to Cuba is restricted. Persons subject to U.S. jurisdiction must obtain a
license to engage in any transactions involving travel to, from and within Cuba. Travel for
purposes that fall outside of permissible categories (meaning family visits; official government
travel; journalistic activities; professional research and professional meetings; educational
activities; religious activities; public performances, clinics, workshops, athletic and other
competitions, and exhibitions; support for the Cuban People; humanitarian projects, activities of
2. private foundations or research or educational Institutes, exportation, importation, or
transmission of information or informational materials) is not licensable. Even travel within the
permissible categories cannot exceed the restrictions contained in the CACR.
At present, the only business travel and associated transactions that are licensable relate to
commercial marketing, sales negotiation, accompanied delivery or servicing in Cuba of
agricultural commodities, medicine, medical devices or telecommunications-related items. The
travel restrictions include travel from or through third countries such as Mexico, Canada or
Caribbean countries.
General and specific licenses are available to engage in certain transactions that are otherwise
prohibited by the CACR. A "general license" authorizes a particular type of transaction without
the need for an application to, or further permission from, OFAC. A "specific license"
authorizes specific transactions and is issued to a specific person or persons, usually in response
to an application. On a case-by-case basis, OFAC considers applications for specific licenses to
authorize Cuba travel-related transactions not covered by a general license but consistent with
one of the categories of specific licenses set out in the CACR. Unless authorized by a general or
specific license, any person subject to U.S. jurisdiction who engages in any Cuba travel-related
transaction violates the CACR and may be subject to penalties.
President's Proposal to Ease Travel Restrictions
Under the President's new plans to increase travel to Cuba, there will be an expansion of the
current categories of general licenses to permit travel for export, import or transmission of
information or informational materials, including publications, films, posters, phonograph
records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, news
wire feeds and other information and informational articles. Travel that presently falls under the
specific license categories will be licensable under the general license category, which means no
prior OFAC approval will be required provided that the traveler complies with the strict
parameters of the general license.
According to the White House Fact Sheet, U.S. companies will be able to send their employees
to Cuba to provide business training for private Cuban businesses and provide other support for
the growth of Cuba's private sector. Travelers in the general license categories of travel to Cuba
authorized by law will be able to make arrangements through any service provider that complies
with the CACR regulations governing travel services to Cuba, and general licenses will authorize
provision of such services.
The President's announcement last week did not break any new ground for Cubans travelling to
the United States. Under the terms of the U.S.-Cuba Migration Accord of 1994, the U.S. admits
no less than 20,000 immigrants from Cuba annually, not including the immediate relatives of
U.S. citizens. Although obtaining a non-immigrant visa continues to be a challenge for many
3. Cubans, the Department of State, in August 2013, began issuing multiple-entry B-2 visas valid
for five years to Cubans travelling to the U.S. for tourist purposes. The B-1 business visa,
however, continues to be issued for single entry with a validity period of only six months. In
addition, Cubans are still not eligible for H-1B "specialty occupation" visas or L-1 "intra-
company transfer" visas.
Change Is Coming, But It Is Not Here Yet
The President's announced changes are not self-executing. They must be implemented through
amendments to existing regulations. Until those amendments go into effect, the current embargo
is still in effect. Under the Helms-Burton Act, in order for the embargo to be lifted, the President
must first determine that a transition government in Cuba has come to power (meaning, among
other things, that Cuba has a democratically-elected government that does not include a member
of the Castro family), communicate that determination to Congress, and after consultation with
Congress, take steps to suspend or lift the embargo.
Because a transition government in Cuba has not come to power, the President is not authorized
to suspend or lift the embargo. Instead, he must work within the constraints of the CACR to
loosen existing sanctions programs to ease travel restrictions. The President will take actions by
amending existing regulations implemented by OFAC and the Bureau of Industry and Security
of the U.S. Commerce Department.