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St. Thomas Law Review

First Page

225

Document Type

Article

Abstract

For forty-two years, the United States has maintained a comprehensive embargo of Cuba. Its multifaceted prohibitions derive from various enactments and much regulatory minutiae. Not surprisingly, a United States national may not import goods from Cuba or make any kind of foreign investment there. Administrative rules permit only a narrow range of transactions such as travel to Cuba for educational activities provided detailed licensing requirements are satisfied. Few realize, however, that travel to Cuba for tourist purposes is now totally prohibited. In the 2000 Trade Sanctions Reform Act (TSRA), Congress expressly authorized the sale of agricultural commodities including medically-related items to Cuba. This is the sole statutory exemption to the embargo. The pathway leading to the legislation reveals just how difficult it is to change the mindset of the U.S. towards Cuba. Continuance of a Cold War policy in dealing with Cuba is counterproductive especially when a post-Fidel transition period is imminent. Yet the Bush Administration remains intransigent and is pursuing an even harder line against Cuba.

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