Biden to lift Cuba terrorism designation, reversing Trump decision in final week in office

The Biden administration announced on Tuesday that it will remove Cuba from the list of State Sponsors of Terrorism (SST) in exchange for the release of political prisoners jailed for protesting against the regime in July 2021.

The Trump administration placed the SST designation on Cuba in the last week of the president-elect's first term, and Biden officials said they are in contact with the Trump transition team over their action.

“This issue is among the issues on which they've been in communication,” a senior administration official said in a call with reporters.

The administration, required by law, is notifying Congress of the decision, allowing them to review it, although there’s little that lawmakers can do to block the lifting of the designation.

Cuban officials had fought tooth and nail for removal from the SST list throughout President Biden’s term, but had generally not received much buy-in from administration officials.

Officials briefing reporters on Tuesday said that the U.S. constantly reviews SST designations, and, in the case of Cuba, the administration does not have information supporting it being a state sponsor of terrorism.

They added that the U.S. had received numerous diplomatic requests for the designation to be lifted. This includes from Colombia, a senior administration official said, where officials noted “positive role that Cuba has made in the Colombian peace talks.”

“We believe these actions will be broadly well received in the region and beyond,” said a second administration official, adding other countries supporting the move include Brazil, Chile, Spain and Canada, as well as the European Union.

Administration officials also noted a critical role played by the Catholic Church.

“We have been in close coordination with a range of actors, including the Catholic Church, to create an improved environment in Cuba,” the official said.

Biden on Saturday also awarded Pope Francis the Presidential Medal of Freedom, the nation’s highest civilian honor, and made him the first person to receive the added commendation of “with distinction” from the president.

The U.S. is lifting the SST designation and taking additional relief actions on Cuba as goodwill actions to facilitate the release of unjustly detained individuals. The administration said they understand the Catholic Church has been in dialogue with the Cuban government “to undertake a set of actions that will allow for the humanitarian release of a significant number of political prisoners in Cuba and those who have been detained unjustly.”

Amnesty International estimates that Cuba has jailed 671 people for taking part in protests in July 2021.

“We do anticipate that these releases will happen very soon, and we do anticipate that there will be people who are released from detention in Cuba before the end of the Biden administration on January 20,” one senior administration official told reporters.

The Biden administration is taking two other actions to incentivize Cuba’s release of political prisoners. This includes Biden blocking U.S. nationals or other individuals to bring claims in U.S. courts over property confiscated by the Cuban Revolution, issuing a waiver for Title III of the Helms Burton Act

Biden is also rescinding a Trump-era sanctions policy against Cuba, called “National Security Presidential Memorandum 5,” ending restrictions on financial transactions with certain Cuban entities.

“The principal impact of this rescission is that it will eliminate the so-called restricted list, which is the list of certain entities in Cuba that are subject to certain prohibited financial transactions,” the administration official said.

Biden’s last minute removal of Cuba from the list mirrors Trump’s 2021 move to designate the island a state sponsor of terrorism, with both U.S. presidents leaving behind a political hot potato for their 2020 opponent in their final days in office.

Trump left Biden with the dubious choice of either giving the appearance of siding with the Cuban communist regime, or leaving the designation and further depressing Cuba’s economy, a major factor behind emigration from the island.

Now Trump will have to make the opposite choice, either taking a hardline approach and dealing with potential Cuban migration or letting Biden’s decision congeal.

Sen. Marco Rubio (R-Fla.), Trump’s pick for Secretary of State, introduced legislation in February 2023 that would prevent Cuba’s removal from the SST list until democratic elections are held in the country, a transition government is in power and all political prisoners are released.

Rubio will sit for a confirmation hearing with the Senate Foreign Relations Committee on Wednesday where he is likely to face questions from his colleagues over whether the Trump administration will maintain Biden’s actions or reverse them.

Sen. Ted Cruz (R-Texas) said in a Tuesday statement that he would work to reverse Biden's decision.

“Today’s decision is unacceptable on its merits. The terrorism advanced by the Cuban regime has not ceased. I will work with President Trump and my colleagues to immediately reverse and limit the damage from the decision,” Cruz said.

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