UN Reveals ‘Credible and Reliable’ Evidence of US Military Torture in Afghanistan
By Sarah Lazare | Common Dreams | February 26, 2015
The United Nations revealed Wednesday it has “credible and reliable” evidence that people recently detained at U.S. military prisons in Afghanistan have faced torture and abuse.
The UN’s Assistance Mission and High Commissioner for Human Rights exposed the findings in a report based on interviews with 790 “conflict-related detainees” between February 2013 and December 2014.
According to the investigation, two detainees “provided sufficiently credible and reliable accounts of torture in a U.S. facility in Maydan Wardak in September 2013 and a U.S. Special Forces facility at Baghlan in April 2013.”
The report states that the allegations of torture were investigated by “relevant authorities” but provided no information about the outcome of the alleged probes or the nature of the mistreatment.
This is not the first public disclosure of evidence of torture during the U.S. war in Afghanistan, now into its 14th year. The U.S. military’s Bagram Prison, which was shuttered late last year, was notorious for torture, including beatings, sexual assault, and sleep deprivation, and further atrocities were confirmed in the Senate report (pdf) on CIA torture, released late last year in a partially-redacted form. Afghan residents have repeatedly spoken out against torture and abuse by U.S., international, and Afghan forces.
The Senate report on CIA torture, released late last year in a partially-redacted form, exposes U.S. torture at black sites in Afghanistan and around the world.
Moreover, residents of Afghanistan have testified to—and protested—torture by U.S., international, and Afghan forces.
Beyond U.S.-run facilities, the UN report finds that torture and abuse have slightly declined over recent years but remain “persistent” throughout detention centers run by the U.S.-backed Afghan government, including police, military, and intelligence officials. Of people detained for conflict-related reasons, 35 percent of them faced torture and abuse at the hands of their Afghan government captors, the report states.
Recent Academy of Sciences Reports on Climate Change were Partially Funded by CIA
By Noel Brinkerhoff | AllGov | February 17, 2015
A voluminous scientific study on climate change and man-made possibilities of altering it was funded by several federal agencies, including the Central Intelligence Agency (CIA).
The CIA’s decision to partially fund the research left at least one expert who participated in the study a little uneasy.
Scientist Alan Robock at Rutgers University told The Guardian the CIA’s investment in the $630,000 study “makes me really worried who is going to be in control” of efforts to stem the impact of climate change.
In addition to the CIA, the National Aeronautics and Space Administration, the Department of Energy, and the National Oceanic and Atmospheric Administration funded the National Academy of Sciences research that produced two reports within the study.
One report addressed ways to remove carbon dioxide from the atmosphere, and the other looked at ways to alter cloud cover or change the planet’s surface to make it reflect more sunlight back into space.
The CIA never explained to the academy why it was funding the project.
But Robock became suspicious after two CIA consultants contacted him inquiring about the possibility of another country gaining control of the weather.
“They said: ‘We are working for the CIA and we’d like to know if some other country was controlling our climate, would we be able to detect it?’ I think they were also thinking in the back of their minds: ‘If we wanted to control somebody else’s climate could they detect it?’” he told The Guardian.
He said that he told the consultants that any attempt to generate large, climate-changing clouds would be noticed by weather satellites or other equipment used to monitor the atmosphere.
The CIA didn’t respond to a press inquiry about its involvement and has previously refused to confirm its role in the study. In 2013, CIA spokesman Edward Price told Mother Jones: “It’s natural that on a subject like climate change the Agency would work with scientists to better understand the phenomenon and its implications on national security.”
Using the weather as a weapon is forbidden under international law, per the Environmental Modification Convention of 1978.
The agency’s inquiry left Robock concerned. “I’d learned of lots of other things the CIA had done that didn’t follow the rules,” he said. “I thought that wasn’t how my tax money was spent.”
The CIA opened its own climate change office in 2009 but shut it down three years later after criticism from some Republicans who called it a distraction from the agency’s focus on combatting terrorism.
To Learn More:
Spy Agencies Fund Climate Research in Hunt for Weather Weapon, Scientist Fears (by Ian Sample, The Guardian )
CIA Backs $630,000 Scientific Study on Controlling Global Climate (by Dana Liebelson and Chris Mooney, Mother Jones )
C.I.A. Closes Its Climate Change Office (by John Broder, New York Times )
‘Minsk II’ – What About Foreign Troops in Ukraine?
By Daniel McAdams | Ron Paul Institute | February 12, 2015
After a marathon 17 hour negotiation session, the leaders of Russia, Germany, France, and Ukraine agreed on an upgraded ceasefire plan, “Minsk II,” that lays out 13 points to be implemented by the west-backed government in Kiev and the independence-seeking regions in eastern Ukraine.
While there is much to be skeptical about in such an agreement — the devil is always in not just the details but especially in the interpretation of the agreement — there is one point of the plan that appears very much worth pondering.
According to a translation of the 13 points, point number ten reads:
All foreign troops, heavy weapons and mercenaries are to be withdrawn from Ukraine. Illegal armed groups would be disarmed, but local authorities in Donetsk and Lugansk would be allowed to have legal militia units.
There are two very significant points to ponder in this statement to which all sides agreed. First, it is most likely that when proposing this point, France and Germany, along with Kiev, were thinking of what they claim are as many as 10,500 regular Russian soldiers fighting inside Ukraine. For this point to be implemented and thus the plan carried out in good faith, the “10,500 Russians” as well as a handful of French and other volunteers for the breakaway regions must return home.
But the statement is unequivocal: All foreign troops must leave Ukraine.
What about US troops, including CIA and Special Forces, that are said to be assisting the US-backed government in Kiev? Would Kiev not have the same obligation to expel these foreign troops? And, most importantly, what of the 600 US paratroopers that are to be sent by President Obama to train the Ukrainian military starting next month?
Would it not be a violation of “Minsk II” ceasefire agreement for the US to go through with sending 600 troops into Ukraine?
The second important issue to consider about point ten of the agreement is the 10,500 regular Russian army troops that Kiev claims are fighting in the breakaway east. Russia has always maintained that this claim is a fiction and has called on Kiev and Washington to produce some evidence for the claim. Surely a satellite photo would easily prove such a claim.
However, something significant will happen either way on point ten of the agreement. There are three possibilities: either, 1) Russia will initiate a massive withdrawal of troops that will be easily visible to anyone watching; 2) Russia will not initiate a massive and easily visible withdrawal of troops from eastern Ukraine because it chooses to violate the “Minsk II” agreement; or, finally, 3) Russia will not initiate a massive withdrawal of troops from eastern Ukraine because there are no regular Russian army troops in eastern Ukraine.
In other words, point ten of the agreement is key to determine who is lying about Russian troops in eastern Ukraine.
Indeed, point ten appears a make or break issue in the agreement. Will Kiev break the agreement by allowing in 600 American troops — or even American weapons? Will Russia finally prove or disprove the claims made about the Russian military in Ukraine?
Something interesting is bound to happen soon. Don’t count on the western mainstream media to report it, however.
Former CIA chief controls most of the media in Serbia – report
in NEWS | February 8, 2015
American Fund “KKR investment”, headed by former CIA chief General David Petraeus, from October 2013 until this day, in less than a year and a half, has put under its control a significant part of Serbian media, internet portal Vaseljenska reported.
Americans first bought SBB, the largest cable television network in Serbia, then became the owner of “Grand production” through which they exercise control over “Prva TV”, then they founded CNN outlet “TV N1″, bought shares of the internet portal of the Serbian daily Blic, and more recently, as some sources claim, in the greatest secrecy they bought one Belgrade daily.
The fact is that Americans can, over the largest cable operator “SBB” and their media, control the flow of information in Serbia and are in a position to fully create public opinion in Serbia.
As Internet portal Vaseljenska found out, “KKR investment” will in the next few months formally take over control of the daily newspapers in whose operations they have already pumped substantial financial resources.
“Although in this case we could possibly be talking about inappropriate concentration or even monopoly, Americans made the deal on taking over the newspaper. They are, in fact, convinced that no one in the [Serbian] government will be allowed to prohibit purchasing of another media …”, says a source for daily Informer.
Coincidentally or not, last year Serbia changed the law on information and enabled an owner to have both the electronic and print media, which had previously been forbidden to ensure media pluralism.
The Ministry of Culture and Information did not want to comment on findings, but only briefly said that “as of February 13 begins registration of a media under the new rules.”
Before he became head of “KKR investment”, David Petraeus was the director of the CIA, from September 2011 to November 2012. Prior to that, he served as a commander of international forces in Afghanistan and Iraq.
Latin America’s Mass Murderers to Be Tried in Italian Court
teleSUR | February 8, 2015
After decades of impunity, those responsible for the wave of political violence that swept Latin America under the dictatorships of 1970s and 1980s will be tried in court this week in Rome, Italy.
Thirty-three people have been formally charged for their links to the operation, which left 50,000 people dead, 30,000 disappeared, and 400,000 jailed.
Among those killed were 23 Italian citizens, which is why Italy’s justice system is now ruling on the case, opened in 1999.
Operation Condor was a coordinated political assassination and persecution plan drafted in the 1970s by South American military dictatorships, with the help of foreign governments. It sought to eliminate any resistance or political rivals, mostly targeting left-wing groups.
The military chiefs of participating countries were provided with a command center by the United States, located in Panama, through which they could communicate and share intelligence on their victims. Declassified U.S. documents show the government knew about the operation but still continued to back the military dictatorships.
Evidence suggests that the beginning of the operation coincided with a visit made by Manuel Contreras – then Chile’s intelligence chief – to CIA headquarters in Langley, Virginia. Several researchers believe that U.S. Secretary of State Henry Kissinger was involved in the assassination scheme.
French intelligence agents were also part of the operation and helped the South American military chiefs to implement many of the counterinsurgency tactics that France had used against the Algerian resistance.
The Italian court is not expecting the former military chiefs and politicians to attend the hearing, although it has given them the possibility to do so through a video conference.
Among the people charged are 11 former military junta members from Chile, 16 from Uruguay, four from Peru, and one from Bolivia.
Former Bolivian President Luis Garcia Meza has also been accused by the Attorney Giancarlo Capaldo, however he has not been charged given that he has not yet responded to the formal notification against him.
The trial will take place inside Rebbibia prison and will be presided over by Judge Evelina Canale and Judge Paolo Colella.
Court presses US govt to act on withheld photos of post-9/11 detainee abuse
RT | February 5, 2015
A federal court insists it wants the Department of Defense to supplement the 2,100 pictures showing US military abuse of detainees in Iraq and Afghanistan with an individual reason for not making each of them public.
Judge Alvin Hellerstein gave a week to the government on Wednesday either to submit a written estimate of how long it might take to comply with the August 2014 ruling and list individual exemptions for the disclosure of the photographs, or to appeal the court’s decision.
“I have a feeling where we are at this point – to make up a phrase – at a line in the sand,” Hellerstein said, as cited by the Guardian.
The photographs in question depict abuse at US detention facilities in Iraq and Afghanistan following 9/11 attacks. They are believed to be more disturbing than the notorious images of torture and humiliation of detainees at Abu Ghraib prison.
The legal battle for making the classified cache of 2,100 abuse photos public has been led by the American Civil Liberties Union (ACLU) since 2004. The watchdog initiated the case after it was denied the release of photos under the Freedom of Information Act (FOIA).
Hellerstein ruled in 2005 that the government had to make the pictures public. The ruling was supported by the Second Circuit Court of Appeals in 2008.
However, a bill passed by the US Congress in 2009 made it possible for the Department of Defense to conceal images it deemed dangerous for Americans. That same year, President Obama denied the release of the photographs on the grounds they would “further inflame anti-American opinion and … put our troops in greater danger.”
The bulk concealment of abuse pictures is something judge Hellerstein believes wrong. That’s why he ruled in August 2014 that individual reasons should be given for the non-disclosure of each of the photos.
The government has not complied, providing instead a general assessment of the photos, done by associate deputy general counsel Megan M. Weis. She sorted the photos into three categories based on the extent of injury suffered by the detainee, if a US service member was depicted and the location of the photograph. Weis then took samples from each of the categories and showed them to a group of senior military officials, who recommended that CIA Director Leon Panetta keep the images secret.
“I could give you more time to satisfy my ruling…but I am not changing my view,” Hellerstein told the government on Wednesday, as cited by Newsweek.
“Some are harmless” he said of the pictures, while describing others as “highly prejudicial.”
Hellerstein also offered looking through the images with the government, as a way of complying with the court ruling.
In December, the intelligence committee of the US Senate released report detailing the CIA’s use of torture on prisoners in the wake of the September 11, 2001 terrorist attacks.
Sleep deprivation and the simulated-drowning practice known as waterboarding were listed among the so-called enhanced interrogation techniques used by the CIA.
The report released to the public consists of only a 524-page summary out of the full 6,000-page document. It has most of the details blacked out, such as the names of those involved.
The UN and major human rights groups have urged prosecution of those responsible US officials, listed in the Senate’s report. The Justice Department however said it would not pursue charges.
READ MORE:
CIA, Mossad Behind Killing of Imad Mughniyeh, Washington Post Confirms
Al-Akhbar | January 31, 2015
A report from the Washington Post on Friday confirmed that the CIA and Israel’s spy agency Mossad were behind an elaborate plot to kill Hezbollah commander Imad Mughniyeh in a 2008 car bomb attack in Syria.
Citing former intelligence officials, the newspaper reported that US and Israeli spy agencies worked together to target Mughniyeh on February 12, 2008 as he left a restaurant in the Syrian capital Damascus.
He was killed instantly by a car bomb planted in a spare tire on the back of a parked car, which exploded shrapnel in a tight radius, the Post said.
On January 19, Jihad, Mughniyeh’s 24-year-old son, was also killed by Israeli forces in Syria, along with five Hezbollah members and and an Iranian general in a helicopter airstrike near the city of Quneitra.
The bomb that killed Mughniyeh, built by the United States and tested in the state of North Carolina, was triggered remotely by Mossad agents in Tel Aviv who were in communication with the CIA operatives on the ground in Damascus.
“The way it was set up, the US could object and call it off, but it could not execute,” a former US intelligence official told the newspaper.
The CIA declined to comment to the Post about the report.
According the newspaper, the authority to kill required a presidential finding by George W. Bush. Several senior officials, including the attorney general, the director of national intelligence and the national security advisor, would have had to sign off on the order, it added.
The newspaper said that during the Iraq war, the Bush administration had approved a list of operations aimed at Hezbollah, and according to one official, this included approval to target Mughniyeh.
“There was an open license to find, fix and finish Mughniyeh and anybody affiliated with him,” a former US official who served in Baghdad told the Post.
According to the newspaper, American intelligence officials had been discussing possible ways to target the Hezbollah commander for years, and senior US Joint Special Operations Command agents held a secret meeting on the issue with the head of Israel’s military intelligence service in 2002.
“When we said we would be willing to explore opportunities to target him, they practically fell out of their chairs,” a former US official told the Post.
Though it is not clear when the agencies realized Mughniyeh was living in Damascus, a former official told the newspaper that Israel had approached the CIA about a joint operation to kill him in Syria’s capital.
The agencies collected “pattern of life” information about him and used facial recognition technology to establish his identity after he walked out of a restaurant the night he was killed.
In 2013, an Al-Akhbar investigation into the 2008 assassination revealed that Mossad, under the leadership of Meir Dagan at the time, was responsible for the operation, which took around six weeks to implement, from A to Z.
Mossad and CIA have repeatedly planned and carried out assassinations on Hezbollah’s senior commanders and members in Lebanon and Syria.
In 2013, Hezbollah commander Hassan al-Laqqis was assassinated in the suburbs of Beirut, an attack that the resistance group said was orchestrated by Israeli intelligence.
On Friday, Hezbollah Secretary-General Hassan Nasrallah spoke about the latest attack on Hezbollah members in Quneitra, stressing that Israel had “planned, calculated and took a premeditated decision to assassinate” Hezbollah fighters.
(AFP, Al-Akhbar)
Cuba Détente
By ROBERT SANDELS and NELSON P. VALDÉS | CounterPunch | January 28, 2015
“I do not expect the changes I am announcing today to bring about a transformation of Cuban society overnight.”
— Barack Obama, Dec. 17, 2014
President Obama’s Dec. 17 statement announcing changes in U.S. Cuba policy was a mixture of historical truths and catch phrases drawn from the catalog of myths about Cuba and U.S. policy goals.
The first round of rule changes, announced by Jan. 16 by the Office of Foreign Assets Control (OFAC), was significant in the areas of trade and banking. At the same time, much of the language is drawn from the old justifications for regime change. (Let us put aside the hypocrisies in Obama’s speech such as the instruction — coming from a country where labor unions have been systematically destroyed — that “Cuban workers should be free to form unions.”)
In his speech, Obama reworked Einstein’s famous definition of insanity to support his partial abandonment of the half-century attempts to destroy the Cuban revolution. “I do not believe we can keep doing the same thing for over five decades and expect a different result,” said Obama. (If he means that the policy he has supported for six years is insane, what does that say about him?)
Nowhere in the speech did Obama renounce the longstanding U.S. commitment to regime change in Cuba or even acknowledge that it ever existed. While implicitly recognizing that the use of sanctions to achieve political results had failed, he continues to pursue them in Korea, Russia and elsewhere. One day after making the Cuba speech, he signed a bill imposing sanctions on Venezuela alleging that the government of President Nicolas Maduro had violated the human rights of protestors during violent anti-government demonstrations last February. The demonstrations were led by right-wing representatives of the Venezuelan elite who have long been backed by the United States.
We should note that the phrase about doing the same thing for over five decades and expecting a different result is incorrect. True, five decades ago the Eisenhower administration broke diplomatic relations with Cuba, but since then his 10 successors, who account for 14 presidential terms, tried a variety of other “things” besides cutting diplomatic relations. There were the commando raid things launched from U.S. territory by Cuban exiles burning cane fields and sugar mills and the CIA-trained underground blowing up movie theaters and shopping centers. Then of course, there was the Bay of Pigs invasion thing by an exile expeditionary force landing in a swamp. That was a really big thing. With that failure came Bobby Kennedy’s Operation Mongoose thing, which was expected to be a let’s-get- it-right-this-time do-over of the Bay of Pigs disaster.
Since the 1962 Missile Crisis, there have been endless “democracy promotion” things financed by CIA front organizations. There have been clandestine anti-Cuban shortwave things broadcast from all manner of conveyances — yachts, balloons, zeppelins, airplanes. Leaflets, books and pamphlets of every kind were surreptitiously sent to Cuba in tourist luggage, in diplomatic pouches, hidden in hollow trees and even dropped from airplanes. Then there were the hit-and-run attacks from speedboats shooting up Russian ships, Cuban fishing boats, coastal hotels and hamlets.
Alan Gross, pretending to bring computer equipment to synagogues in Cuba that didn’t need them, is only a recent and not the last example of the often ludicrous plotting of various U.S. government agencies. Currently, the U.S. Agency for International Development (USAID) is at the forefront of the regime-change program. Obama did not mention the Gross thing but revealed that he would have proposed détente earlier had Cuba not imprisoned him.
Obama has it backwards. It’s not the “thing” that needs to be changed but the desired “result.” His new policy direction does not promise to end imperial bullying or to accept Cuban independence and sovereignty. Why else would he say the new thing he has in mind “will promote our values through engagement”?
Making the crime fit the punishment
To justify the long hostility toward Cuba, the United States has created a Cuba that never existed; a tropical gulag of indiscriminate terror where hordes of political prisoners rot while a cartoon dictator recites hours of his political poetry to a captive audience.
It is not surprising that the external and domestic opponents of the Cuban government, whether or not they are paid by the United States or its European partners, do not have their own vision of what a post-Castro society would look like. They and Obama are bound by the official blueprint drawn up by Congress in the Helms-Burton law of 1996, which essentially calls for a non-Cuban Cuba.
What would happen to employment, housing, health care and education in the new Cuba of Washington and Miami invention? Why is it that regime change is couched in fuzzy terms like “freedom” devoid of any economic, social or cultural content? And why is it that Obama criticizes the old policy because it “failed to advance our interests” without acknowledging what those interests really are?
Nothing in Obama’s speech corrects the half-century assault on truth. Many of the media commentaries on the Obama speech recite from the fantasies concocted over the years to mask the insanity of the policy. Here is just a sampling:
-Seventy-five Cubans dissidents were arrested in April 2003 in what is called the Black Spring. Ever since then they have been referred to as political prisoners or freedom fighters.
Actually, they were tried and convicted in a Cuban court for operating as paid agents of the pretend dissident movement funded by the United States. Roger Noriega, former assistant secretary of state for Western Hemisphere Affairs, conspired with James Cason, then head of the U.S. Interest Section in Havana, to openly encourage local dissidents hoping that the Cuban government would kick Cason out and give George W. Bush an excuse for closing the Cuban Interest Section in Washington and worsening bilateral relations. The scheme is what got the 75 arrested.
Among the 75 were journalists, few of whom ever practiced journalism. There also were pretend independent librarians paid by the United States to pose as part of a pretend grassroots defiance of a pretend Cuban control of what people could read.
A report to the American Library Association in 2001 described how one of the “independent” libraries in Cuba “consisted of four or five dusty shelves of books.” A woman in one of these libraries said, “No books had ever been confiscated [and] that she was not being intimidated or threatened by the government as a result of having this collection….The woman receives many of her books as well as payment for her activities from the U.S. and Mexico but would not identify individual sources. She said she was asked to operate the library because she is a dissident.”
-Cuba always blocks U.S. efforts to improve relations.
The example often cited is the shooting down in 1996 of two private exile planes near the Cuban coast. But Fidel Castro did not plot with well-known terrorist José Basulto, founder of Brothers to the Rescue, to have him organize provocative flights over the Cuban capital; Basulto did that on his own. It was the shootdown that led to enactment of the Helms-Burton law, which now prevents Obama from lifting the blockade. So, was it Fidel Castro or Helms, Burton and Basulto who torpedoed some supposed improvement in bilateral relations?
– The Cuban Five were spies.
Nearly every news outlet continues to refer to the five Cuban agents imprisoned in 1998 as “spies.” (The last three were released as part of the Obama opening.)
Actually, they were Cuban agents who infiltrated Brothers to the Rescue and other counterrevolutionary groups in Florida and then alerted the FBI to their plans for attacks against Cuba from the United States in violation of U.S. law.
– Alan Gross, who, was released from prison on “humanitarian grounds” as part of the Obama opening, was unjustly imprisoned in Cuba.
Actually, he was a sub-contractor working under a USAID grant and sent on five trips to Cuba to set up clandestine electronic networks as part of the U.S. subversion obsession and therefore correctly imprisoned. People who do that sort of thing in the United States can be tried as unregistered agents of a foreign power and sent to prison, just like Alan Gross.
Where did all those doctors come from?
The president’s positive comment on Cuba’s contribution to fighting Ebola in Africa has been noted as one of the inducements for change. Good, but Obama needs to explore what Cuba’s worldwide medical missionary program says about the island.
Imagine what it would take for the mythical Cuba the United States created, with its tiny population of the impoverished and the oppressed, to produce such quantities of surplus doctors, nurses and medical technicians who are now working in 66 countries. If Obama could admit that his mythical Cuba could never have done that, he might start setting the historical record straight and maybe ask the Cubans to advise him on Obamacare.
Today Cuba has 75,000 physicians or one per 160 inhabitants. Approximately 132,000 medical/health professionals have provided medical and dental attention to poor people abroad. At present, there are over 50,000 medical workers and no less than 25,000 doctors working outside of Cuba. In 2013, the health sector had 322,627 health professionals and technicians – that is, 28.9 per 1000 inhabitants — 76,836 physicians and 14,964 dentists as well as 88,364 nurses.
All of these accomplishments at home and abroad have taken place while the U.S. government persisted in enticing doctors, nurses and other professionals to leave Cuba. Remember, it was the people of Cuba who, we are incessantly told, make only $20 a month, who paid for their education even as Cuba confronted relentless U.S. financial and economic obstruction. Does Obama intend to reimburse the Cubans?
The United States calls the maze of economic and commercial sanctions an embargo. (The Cubans, referencing international law, call it a blockade.) Obama cannot unilaterally put an end to this kind of warfare but must wait for Congress to act. While the executive branch has the constitutional power to define foreign policy, Bill Clinton signed the Helms-Burton bill transferring control of Cuba policy to Congress. This was the second time he relinquished executive power over Cuba policy. The first was in 1992 when, running against George H.W. Bush, he announced his support for the Torricelli Act, which severely tightened trade restrictions. Obama’s Democratic predecessor made it necessary for him to go before Congress in his recent State of the Union message and ask Republicans to give back his foreign policy powers.
New rules
Clearly, the old rules lacked consistency. For example, when OFAC travel and remittance rules affecting Cuban-Americas were relaxed in the past, the justification was always to promote democracy and to separate Cubans from dependence on their government. But, when the same rules were made more severe, as under George W. Bush, the justifications were the same.
OFAC’s new regulations will materially ease the sanctions. Some of the changes sound like attempts through administrative regulations, to overturn fundamental sanctions in the Helms-Burton law. These include new rules allowing direct interbank transfers with the U.S. banking system, the use of U.S.-issued credit and debit cards and the elimination of “cash and carry,” which was a burdensome requirement for Cuba in paying for imports in convertible currencies.
Nevertheless, other changes may conflict with old practices. For example, will the U.S. Treasury Department protect credit/debit card companies from lawsuits by U.S. nationals seeking compensation from the Cuban government? The logistics of these transactions remains to be clarified.
Travel to Cuba can now be insured by U.S. companies and U.S. airlines could fly to Cuba from any city if market demand is sufficient instead of from a few government-selected cities. The major airlines could then reduce the advantage that the smaller companies enjoyed until now.
The travel ban has been relaxed even as OFAC preserves the principle of controlling travel for political purposes. The 12 categories of allowable travel remain in place although now without requiring a written specific license and organized travel and tours will be opened to more players.
Still, restrictions remain. Those who will be able to travel more freely are prohibited by a watchful government from having fun. New categories of travel are authorized under the new rules, “provided that the traveler’s schedule of activities does not include free time or recreation in excess of that consistent with a full-time schedule.”
Picking winners for a Cuban market economy
Trade sanctions have always had the effect of indirectly “managing” the Cuba economy. The new rules can determine who gets to invest in or trade with Cuba and which Cuban sectors will receive the most benefit. The majority of U.S. firms will be left out of the great Cuban market economy as envisioned in Washington.
Until now only agricultural and some medical and educational materials could be sold to Cuba. The new regulations allow for an increase in the kinds of goods that Cuba can import from the United States such as construction and agricultural tools and machinery. However, these can only be sold to non-state sectors such as co-ops and private entrepreneurs. Thus, certain sectors of the U.S. corporate world will be given preferential treatment.
OFAC is also giving Cuban entrepreneurs in the private sector an advantage over the state, but the Obama administration also wants U.S. information technology corporations to invest in Cuba’s telecommunications infrastructure, which means selling services, software and equipment to the Cuban government.
Rules applied to the banking sector raise significant questions. Financial institutions will be allowed to open accounts in Cuban banks to simplify transactions that are authorized by the United States and Cuba. But will Cuban banks be allowed to do the same in the United States?
Are these U.S. banks going to open dollar accounts in Cuban banks? Are they going to be held liable for breaking the restrictions that the United States Treasury Department imposed on dozens of banks for doing the same thing? Less than 24 months, ago the Bank of Nova Scotia, Commerzbak, Credit Suisse and many others were charged with billions of dollars in fines. Will the new rules be retroactively applied or is this a case of sorry — bad timing?
Since 1962, any ship that called on a Cuban port was prohibited from entering a U.S. port for at least six months. Now, ships transporting food, medicine, medical equipment and other materials may, in case of some emergency in Cuba, go to Cuba and then enter any U.S. port without prejudice as can any other ship owned by the same company. But Cuba is still not permitted to use U.S. currency in international transactions or purchase of technologies that might have more than 10 percent of U.S. components.
Some U.S. companies shall not suffer
Obama appears to have come around to where former Secretary of State Henry Kissinger was in 1972 when he limited the scope of economic sanctions to protect the interests of selected U.S. corporations. In April of that year, Kissinger approved export licenses for three U.S. automakers with subsidiaries in Argentina permitting them to sell cars to Cuba. The State Department issued a statement that read in part, “Our policy toward Cuba is unchanged. We did not wish to see these U.S. companies suffer as a result of U.S. policy.”
Stifling trade and financial transactions in Cuba by withholding all the utilities of capitalism was inconsistent with promoting a free market, which is mentioned 13 times in Helms-Burton.
Do the new regulations show that Obama is rejecting the old insanity and striking out toward true respect for Cuban sovereignty? While there is symbolic importance in resuming formal diplomatic relations, there is nothing in normal diplomacy that prevents Obama from carrying on regime change schemes by other means. As he said Dec. 17, “we can do more to support the Cuban people and promote our values through engagement.”
Relaxing the restrictions on travel is fine but does anyone find Obama’s reasoning for doing so a little suspicious? “Nobody represents America’s values better,” said Obama, “than the American people, and I believe this contact will ultimately do more to empower the Cuban people.”
Obama wants to transfer information technology to Cuba. Good. He could also transfer to dissidents the supplies of military-grade microchips that Alan Gross was imprisoned for doing.
The day for celebration should be postponed until we see whether the true potential of Cuba’s social and political experiment can proceed unobstructed by an enraged superpower and whether the United States is ready to work with Cuba in bringing a more constructive future to both countries. Maybe by then Cuba can show the United States how to form labor unions.
Robert Sandels lives in Mexico and writes on Cuba and Mexico.
Nelson P. Valdés is Professor Emeritus, University of New Mexico. For more information on Cuba visit: http://www.cuba-l.com
Exonerating the CIA
When the Establishment Investigates Itself
By BINOY KAMPMARK | CounterPunch | January 21, 2015
Exonerating spooks for improper conduct is a regular feature of the establishment. After all, you don’t convict your own, turning your nose at activities pursued under the grand, catch-all term of national security. From the start, the CIA review, established to investigate its own activities into spying on the Senate Select Committee on Intelligence, was always predictably constituted, with predictable outcomes.
The “accountability board” was chaired by former Sen. Evan Bayh (D-Indiana), along with former Obama White House attorney Bob Bauer and, as anticipated, three senior CIA officers. The originating source of its convening was yet another predictable feature: the CIA itself. (The board was convened in August 2014 by CIA Director John Brennan.)
Its task: to investigate alleged misconduct of five CIA employees who improperly accessed computer data belonging to the SSCI under the Computer Fraud and Abuse Act and the Wiretap Act, and make recommendations that “future instances of the miscommunication and confusion that led to this controversy” do not occur again.
The background to the review proved acrimonious. The SSCI had an issue over the CIA prying into its material on the agency’s rendition and torture program. The CIA, in turn, felt that the senators and their staff had obtained unauthorised access to agency documents and improperly dealt with classified material. The Department of Justice, sensing trouble, evaded the issue.
Last March, Sen. Dianne Feinstein (D-CA) suggested that the CIA search may have violated a range of legal provisions, citing the Fourth Amendment, the Computer Fraud and Abuse Act, and Executive Order 12333 prohibiting the agency from conducting domestic searches or surveillance.
The CIA, according to Feinstein, had become a power onto its own, effectively subverting the constitution. From the start, it hired “a team of outside contractors – who otherwise would not have had access to these sensitive documents – to read, multiple times, each of the 6.2 million pages of documents produced, before providing them to a fully-cleared committee staff conducting the committee’s oversight work.” Naturally, it “proved to be a slow and very expensive process” (Truthdig, Mar 12, 2014).
Wednesday’s redacted report by the review board, termed the “Final Report of the Rendition, Detention and Interrogation Network Agency Accountability Board”, concluded in rather bland fashion that the entire affair had been a misunderstanding. That blandness also involved a good deal of hair splitting, riddled by legal dissembling. “The Board determined that while an informal understanding existed that SSCI work product should be protected, no common understanding existed about the roles and responsibilities in the case of a suspected security incident.”
It found that the “core” of that misguided understanding centred on “the establishment of SSCI shared drives that would be walled-off but also accessible to CIA IT staff for the purpose of IT network administration.” While “SSCI work product was often cited as protected… these were not clearly defined or agreed to by both parties.”
Evidently, areas of cognition vary in relationships between the intelligence community and the community that oversees it – understanding differs on whether it is informal, which can lead to breaches of trust, or “common”, in which case, it is assumed to be firmer. Truth be told, the CIA did not particularly like senatorial staff digging in a rather dirty intelligence backyard.
Accordingly, the board found that “none of the five individuals under review by the board was responsible for this mistake, and two of them – the most senior – had expressly counselled that care be taken to avoid accessing [SSCI] work product.”
Read between the lines, and you can only deduce that the senators and staff had to assume that they would be spied upon. (The names of who authorised such conduct have been redacted.) In the pecking order of the Republic, political figures investigating a body for alleged criminal conduct were the ones to be monitored. This attitude is outlined in so far as the CIA had “obligations under the National Security Act”, with a pressing legal duty to search the computers “for the presence of Agency documents to which SSCI staff should not have access.”
Various recommendations were made regarding the use of shared computer networks having classified material, though the agency retains the prerogative to define how those boundaries are to be charted. Expect more misunderstandings in due course. A specific omission from the review is the failure to explain the disappearance of material off the system, including the now famed Internal Panetta Review.
A standout feature that somehow undermines the constitutionally motivated anger of SSCI committee members lies in its inconsistent attitude to surveillance. Bulk gathering of data on US citizens, and non-citizens, has its uses, but keeping an eye on Congress, a body which has also taken its eye off constitutional erosions, doesn’t. The question is one of degree: who are the greater rogues?
The exoneration of CIA employees may well sting, but it has its own institutionalised justifications. Even the president agrees. According to Barack Obama’s spokesman, Jay Carney, the president expressed “great confidence in John Brennan and confidence in our intelligence community and in our professionals at the CIA” (Truthdig, Mar 12, 2014). The establishment simply got off the hook, again.
Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com


