On Monday, the Obama administration called for the immediate release of Jewish-American Alan Phillip Gross from Cuban imprisonment, saying his continued captivity for anti-state activities was “gravely disappointing”.
“Tomorrow, development worker Alan Gross will begin a fifth year of unjustified imprisonment in Cuba. It’s gravely disappointing, especially in light of its professed goal of providing Cubans with internet access,” a US State Department said in a statement.
Allan Gross, earlier, asked President Barack Obama to get involved personally to get him released from Cuban jail. “Havana even agreed to meet US government officials, without any pre-conditions, to discuss possible terms leading to Gross’ release and his return home. But the State Department has rejected any negotiated settlement of Gross case out of hand,” claims Scott Gilbert, Alan Gross’ lawyer.
R.M. Schneiderman, editor and writer for Newsweek and the Daily Beast, wrote in the Foreign Affairs Magazine (December 21, 2012) that the single biggest reason Barack Obama cannot make peace with Cuba – is Alan Gross, a Jewish US citizen serving out a 15-year prison sentence in Havana. Cuban officials claim that Alan Gross was working for the US government and trying to subvert the state while working as a contractor in Cuba.
Tracey Eaton, a Cuban blogger, has claimed that Alan Gross was no contractor but a soldier serving the US government to bring regime change in Havana.
“Gross was a soldier, albeit of a different sort. Instead of the usual M9 pistol, he carried a Samsonite briefcase, plenty of cash and 15 credit cards. In place of a combat uniform and boots, he wore beige Land’s End pants and brown Rockport shoes. He spoke no Spanish, but was an experienced international development worker and had worked in such hotspots as Afghanistan and the Middle East. His weapon was technology. He traveled to Havana in 2009 with satellite communication gear, wireless transmitters, routers, cables and switches – enough to set up Internet connections and Wi-Fi hotspots that the socialist government would not be able to detect or control. He worked for Development Alternatives Inc., a Maryland contractor that USAID had hired to carry out a democracy-promotion program,” wrote Eaton.
The so-called Cuba-America Jewish Mission (CAJM) is the main source of information at the US State Department.
The Office of Foreign Assests Control (OFAC) within the US Treasury Department put Cuba on its list of countries allegedly sponsoring terrorism against the United States or Israel (incidently, America’s terrorist allies like Israel, Saudi Arabia, India, etc. are not on the list) in 1982. Adam J. Szubin, a Zionist Jew, is the current director of OFAC. He is son of Rabbi Zvi Henry Szubin.
In September 2013, the UN General Assembly condemned the embargo against Cuba with 188 in favor and the US and Israel against it. Israel is the main culprit in using OFAC to starve countries which it doesn’t like, such as, Iran, Syria, Sudan, Lebanon, Pakistan, etc. Israel fears that lifting of sanctions would trigger an international rush back into some these countries especially Iran and Sudan.
Cuba is home to 15,000 Jews. Before Fidel Castro established communist rule in Cuba in 1959, Cuba was considered very friendly to Jews and Israel under former dictator Fulgencio Batista (died 1973). Batista helped the World Zionist Movement in the airlift of 150,000 Jews from Iraq, Iran, Yemen and India to help European Jewish terrorist groups set-up Jewish settlements on Arab land during 1951-52. Cuban businessman Narciso V. Roselló Otero with Israeli connections sponsored those flights. Later he became President of the new Cuban airline Aerea de Cuba.
The Associated Press ran an alarming news piece on 9/6/13: Climate Change Threatens Caribbean’s Water Supply
It was picked up and echoed around the world, from Time Magazine’s Space and Science section in the US to CBC Canada to ABC Australia to ZeeNews India. The headline was everywhere, repeated at the Huffington Post as ‘Caribbean water supplies severely threatened by climate change.” The AP story reported on contemporary expert warnings at an August 2013 UN conference in St. Lucia. The lead AP paragraph is quite clear:
“Experts are sounding a new alarm about the effects of climate change for parts of the Caribbean—the depletion of already strained drinking water throughout much of the region.”
Experts like Avril Alexander, Caribbean coordinator of Global Water Partnership:
“When you look at the projected impact of climate change, a lot of the impact is going to be felt through water.”
Experts like Lystra Fletcher-Paul, Caribbean land/water officer for the UN FAO:
“Inaction is not an option. The water resources will not be available.”
Yet another anthropogenic global warming alarm, and just in time for IPCC AR5, whose newly released WG1 chapters 7 and 11 say there is high confidence that dry regions will get drier, wet regions will get wetter, and storms will get stormier. “But there is only low confidence in the magnitude.” These Caribbean experts are much more certain—Caribbean water resources will not be available.
Little in this MSM AP news is what it seems. Paragraph 2 starts out saying rising sea levels could contaminate Caribbean fresh water supplies. What a curious assertion. Less dense fresh water floats on top of salt water no matter the sea level. Excessive groundwater draw-down can cause saltwater intrusion from below. That is already a problem in urbanized Broward County, Florida despite proximity to the Everglades. And on the Tuvalu atolls in the Pacific, where government owned tourist hotels have strained its very limited groundwater capacity. Tuvalu is another urban development problem, not AGW. It was caused by Tuvalu’s government itself, eager to develop ecotourism (diving) after their new Funafuti runway was built with World Bank financing.
Saltwater intrusion doesn’t apply much to Caribbean island groundwater. The islands are mountainous. Pico Duarte in the DR is 3098m. Pic la Selle in Haiti is 2680m. Jamaica’s Blue Mountain is 2256m. Cuba’s Pico Turquina is 1974m. Antigua’s ‘Boggy Peak’ is 402m. St. Croix’ ‘Mount Eagle’ is 355m. Barbados is only hilly, with a maximum elevation of ‘just’ 343m. Barbados:
Rising sea levels will not contaminate Caribbean fresh water supplies.
The AP reported that Jason Johnson, head of the Caribbean Water and Wastewater Association, said the real issue is groundwater replenishment.
“Many Caribbean nations rely exclusively on underground water for their needs, a vulnerable source that would be hit hard by climate change effects. That’s the greatest concern. Those weather patterns may change, and there may not necessarily be the means for those water supplies to be replenished at the pace that they have historically been replenished.”
The AP noted some of the islands experienced an unusual dry spell in 2012. That’s weather. But Cedric Van Meerbeck, climatologist with the Caribbean Institute for Meteorology & Hydrology, made the inevitable AGW connection:
“There are a number of indications that the total amount of rainfall in much of the Caribbean would be decreasing by the end of the century.”
Since 2012 was dry, and AR5 WG1 Chapter 7 executive summary says dry will get dryer, perhaps IPCC pronouncements are the indications. But regionally down-scaled GCMs cannot make such predictions on multi-decadal time scales. 
Intense rains fully ameliorated the unusual 2012 dry spell early in the usual 2013 Caribbean tropical storm season. AR5 WG1 7.6.2 also says wet will get wetter and storms stormier. That worries Barnard Ettinoffe, President of the Caribbean Water and Sewerage Association:
“Heavy rains mean there’s not enough time for water to soak into the ground as it quickly runs off.”
Climate change causes dry to get drier and wet to get wetter according to AR5 WG1 188.8.131.52.1. It threatens Caribbean island water supply both ways!
What is actually going on was clued in the lead AP paragraph above—depletion of already strained water supplies throughout much of the region.
Much of the region is not correct. The AP story cites a 2012 study from British investment risk firm Maplecroft  saying Barbados is most at risk, but Cuba and the Dominican Republic also have high water security risk. On the large island of Hispaniola, the Dominican Republic has 2069m3 of renewable water per capita according the World Bank. Cuba has 3381m3. The UK (another island for comparison sake) has 2311m3 but is not a water risk. The only way Cuba and the Dominican Republic could have a high water security risk rating (when the UK doesn’t) is through some illogic unrelated to water.
Barbados (although verdant, as the above picture proves) does have the least per capita renewable water in the Caribbean, only 284m3. That is because Barbados water consumption has doubled over the past 50 years  as its population has grown from ≈232K to ≈280K while its per capita GDP tripled from ≈$4k to ≈$12k. Water has become a major problem, and Barbados doesn’t have the oil wealth to import food (virtual water) or desalinate seawater like Saudi Arabia (86m3). Barbados’ water problem is anthropogenic, but not AGW. It is about unsustainable population growth and economic development on a smallish dryish island–just like on Tuvalu.
Another Caribbean country with current water problems is Antigua/Barbuda, at 590m3. Neither indigenous Caribbean tribes nor Spanish conquistadors settled those islands because of insufficient fresh water. The British did later. The country’s population has almost doubled from ≈54k in 1960 to ≈90k today. That always eventually causes finite resource problems. And now has in naturally dry Antigua/Barbuda.
Climate change does not threaten Caribbean water supplies. Population growth and economic development already do on some of the smaller islands. And they are using climate change to ‘extort’ financial aid (e.g. for desalination) from the usual rich ‘guilty’ AGW culprits.
The UN Framework Convention on Climate Change organized this regional conference (at St. Lucia’s luxurious Bay Gardens Hotel/Resort) for Caribbean environment ministers and politicians. The UN organizer’s locally televised purpose was to give “these less developed country ministers and politicians the information and tools to know what to ask for in the negotiations leading up to the new world agreements of 2015”. That starts at COP19 in Warsaw in November 2013.
It is no coincidence the conference was held on St. Lucia. Its minister presently heads the Alliance of Small Island States (AOSIS). AOSIS says its 44 member states comprise 30% of developing countries, 20% of UN member states, and 5% of world population. The AOSIS agenda for COP19 is clear from its PR after being disappointed at June 2013 Bonn meetings:
At the closing of the latest round of U.N. climate talks, the Alliance of Small Island States (AOSIS), a group of 44 low-lying and coastal countries that are highly vulnerable to the impacts of climate change, released the following statement:
“After losing two weeks to needless procedural wrangling, it is worth recalling the scale of the challenge we face and the precious little time remaining to meet it… Therefore an international mechanism to address the permanent injury our islands are experiencing [emphasis added] must be established this year at the Warsaw conference.”
Tuvalu is the AOSIS member most aggressively agitating for UN ‘climate change aid’, having experienced saltwater intrusion caused by government tourist hotel development. Hence the AP story’s odd second paragraph, which is unrelated to the Caribbean but right in the AOSIS (Tuvalu) lobbying sweet spot.
Hey mon, its Babylon politricks. (H/T to Bob Marley and Jamaica, a Caribbean island of 2.7 million people enjoying 2473m3 renewable water per capita and fantastic reggae music.)
 Pielke Sr., Regional Climate Downscaling: What’s the Point, EOS 93: 52-53 (2012)
 Maplecroft Global Risk Analytics, email@example.com
 Available at data.worldbank.org/indicator/ER.H2O.INTR.PC
 Barbados Free Press editorial on water rationing 2/28/10
Brazil’s Health Minister, Alexander Padilha, yesterday declared that the country will receive 4,000 doctors from Cuba.
The decision is part of the “More Doctors” government programme, which was set out in June to increase the number of health workers in the country, currently lacking 15,460 doctors. The move has come after only 15% of the demand was satisfied during the first month of the initiative.
Padilha stated that Brazil will hire “doctors with standards that the Ministry of Health established”. In that sense, he said that doctors “with international experience, especially in Portuguese-speaking countries” would be sought.
A first group of 400 doctors will arrive in the country next weekend and will have to pass a three weeks evaluation. The other groups will come before the end of the year, to work in 701 municipalities in Northern and North-Eastern Brazil.
They will receive a US$4,200 monthly wage. In total, Brazil government will pay over US$212m to receive required Cuban doctors. This investment has been made possible by next week approval of the law to fund public services with oil revenue – 25% of these incomes is now dedicated to the health sector.
Brazil is not the only nation to enjoy Cuban doctors experience. In last may, Cuba had 38,868 health workers abroad. In total, 40 countries receive these services for free.
The Cuban Ministry of Foreign Relations (Minrex) denounced today the United States has hardened the blockade on the island over the last weeks, using for this action the Office for Foreign Assets Control (OFAC) of the Treasury Department.
According to the information from the Ministry, on June 28, the OFAC fined one of the most important Italian banks, Intesa Sanpaolo S.p.A., compelling it to pay $2,949,030 dollars.
According to the probe carried out by OFAC, the bank handled 53 transfers in favor of Cuba, from 2004 to 2008.
The Cuban government says the extraterritorial application of this sanction is evidence of the impudence with which the United States treats its European partners and sets a negative precedent for other institutions that do business with Cuba.
Besides this, adds the official note, on July 22nd, the OFAC fined once again another company for violating blockade regulations against Cuba, this time with $5,226,120 dollars, the largest sum yet this year.
The victim this time was one of the main tour operator agencies in the US, American Express Travel Related Services Company. This is the second fine in less than one month and the fifth this year, stresses Minrex in an official note published in its digital website.
The OFAC announced this last sanction after concluding a detailed investigation consisting in the US obsession with preventing at all cost that US citizens travel freely to Cuba.
The fine was set off by the alleged sale of 14,487 air tickets to travel to Cuba from third countries, outside from the license given to American Express Travel for the groups of “people to people” travel.
At the same time, the Minrex note says the fines reinforce the extraterritorial application of the blockade on companies for their operations in third countries.
The fundamental objective of this criminal and inhumane policy is to keep on harming and bearing suffering on the Cuban people, concludes the communique.
Publication of What Lies Across the Water, Stephen Kimber’s book about Cuban anti-terrorists serving wildly extravagant terms in U.S. jails, is a remarkable event. Previously appearing as an e-book, this is the first full – length book published in English on the so-called Cuban Five. They were arrested in Miami on September 12, 1998, and a worldwide movement on their behalf is demanding their freedom. Many view them as political prisoners.
In comprehensive and convincing fashion the book explains how Gerardo Hernández, Antonio Guerrero, Ramón Labañino, Fernando González, and René González came to be arrested, tried, and imprisoned. Its coverage of bias and legal failings that marred their prosecution and trial is adequate, but less detailed. Kimber devotes more attention to events and personalities directly affecting the Five than to early anti-Cuban terror attacks and the Cuban revolution.
Journalism professor Kimber (at Canada’s University of King’s College, in Halifax, Nova Scotia) drew upon news stories in the Florida, Central American, and Cuban media and read 20,000 pages of court transcripts. He interviewed officials and contacts in Florida, Cuba, and elsewhere, also family members of the Five and the prisoners themselves, via correspondence. The author’s clear, flowing, and often seat-gripping, even entertaining, narrative is an added plus. The book is highly recommended.
Kimber starts out by confessing he was no expert on the case initially. He was about to write a novel that touched upon Cuba. Then a Cuban friend with political and intelligence experience told him that, “nothing can really be resolved between Washington and Havana until they (the Five) are returned to Cuba.” So instead of writing a novel, Kimber began work on a story he realized was important and that “needed to be told by someone who didn’t already know which versions of which stories were true.”
The way Kimber’s report unfolds serves to highlight convoluted linkages of the prisoners’ experiences and their case to the many-faceted U.S. apparatus set up to undo the Cuban revolution. Implacable, non-stop U.S. enmity sets the stage for obfuscations, contradictions, intrigue, ambiguities, and strange twists. For Kimber, the resulting atmosphere was one where “Nothing, it seems, is ever as it seems.”
For example, Cuba’s “Wasp Network” included at least 22 agents, not just the Cuban Five, as is often assumed. Agents were posted throughout the United States, away from Florida. Some of those arrested in 1998 pled guilty and served only short sentences. Cuban agents served as FBI informants. Far from exclusively monitoring private paramilitary groups, as many assume, one Cuban Five agent did gather non – classified intelligence from a U.S. military installation. For years, the FBI monitored movements, contacts, and communications of the Five and other agents. The Cuban American Nation Foundation (CANF), darling of U.S. presidents, professed non-violence, yet operated a paramilitary wing. Even the Miami Herald, reviled by Cuba solidarity activists, gains points through its reporter Juan Tamayo, who linked Havana hotel bombings to the Cuban exile terrorist Luis Posada.
The book attests to difficulties attending intelligence gathering in the midst of all but open U.S. war against Cuba. Cuban agents were well prepared, and superior officers in Havana supervised them closely. “Compartmentalized,” they were unable usually to identify fellow agents in the United States. They relied on advanced technical skills, support from loved ones, fearlessness, their own resourcefulness, their sensitive understanding of hazardous situations, and very hard work.
Kimber’s “What Lies across the Water” has the potential for stimulating new thinking on the case of the Five. Information it provides and the book’s fact-based style of presentation ought to persuade readers, it seems, to move beyond viewing the prisoners’ fate as a sort of morality tale, one with U.S. over-reaction, prisoners’ revolutionary virtue, and suffering. The book would encourage them instead to develop a response built on considering the larger context of generalized U.S. bullying of Cuba. The book may or may not succeed in this, but in all respects it is essential reading for those either new or old to the case of the Five.
The book exerts an appeal through effective portrayals of characters so far out of the ordinary, with such bizarre purposes, as almost to defy belief. They include: Cuban agent Percy Alvarado Godoy, CANF infiltrator for years; terrorist honchos Orlando Bosch and Luis Posada; the opportunistic Brothers to the Rescue leader Jose Basulto; and even Nobel Prize winning author Gabriel Garcia Marquez, message carrier to the Clinton White House. There is the flamboyant Wasp agent, pilot, unfaithful husband, and FBI informant Juan Pablo Roque, who returned to Cuba; CANF founder and Miami titan Jorge Mas Canosa; and not least, Francisco Avila Azcuy. That FBI informant, Cuban spy for 13 years, and chief of Miami’s Alpha 66 private military formation was unusual, even in a setting where double agents were, and undoubtedly are, routine.
This book tells the tragic story of the Cuban Five. But here’s hoping it also helps re-orient energies of justice-seeking activists toward joining or rejoining a necessary fight. Their task is to take on the century – long U.S. campaign to impose domination over a Caribbean island. The agenda presently is to end the U.S. economic blockade, end campaigns of internal subversion and international isolation, and, surely, free the Cuban Five.
W. T. Whitney Jr. is a retired pediatrician and political journalist living in Maine.
- Cuban Film Day @ Progressive Film Club, Sat 27th of July, the New Theatre, Temple Bar (irishleftreview.org)
- Cuban, US diplomats increasingly allowed to travel (miamiherald.com)
In doubling the bounty on former Black Liberation Army member Assata Shakur’s head, the Obama administration is announcing that Black radicals are candidates for his Kill List. The message is as unmistakable and dramatic as the billboards that have been erected in Newark, New Jersey, and elsewhere screaming for the exiled freedom fighter’s blood.
One does not wind up on the FBI’s Most Wanted list based on the number of murders committed or millions of dollars stolen. The Most Wanted list is among the nation’s most political documents, in which individuals are meant to personify the scope and type of offenses that the U.S. government considers most in need of stamping out. The list is a kind of propaganda, a symbolic display of what the state considers dangerous behavior.
President Obama and Attorney General Eric Holder, the two Black men who are most responsible for making Assata Shakur the face of domestic terror in the United States, are fully conversant in the language of symbolism. They are publicly defining the Black liberation movement – or what’s left of it, or those who might attempt to revive it – as a priority domestic target for repression. Shakur, a 65-year old grandmother who has not left Cuba for the past 29 years, poses no physical danger to the American state. She represents a political threat, through her “ideology,” as brazenly stated by the FBI. The Bureau has marked Shakur for priority assassination on the basis of, in the FBI’s words, her “anti-U.S. government speeches espousing the Black Liberation Army message.” “Terrorism” is somehow inherent in the message of Black liberation. Advocacy of Black liberation, is the threat. The reward of $2 million is meant to silence Assata Shakur’s political speech, and remove her as a symbol of resistance to the U.S government.
For the National Security State, “terror” is a powerful word, with vast legal ramifications. The Obama administration is informing Americans and Cubans that Assata is as much fair game for assassination by drone as the late Anwar al-Awlaki. Barack Obama and Eric Holder are serving notice that those who share Assata’s ideology – as understood by the FBI – are subject to eradication as well, because it is an ideology of terror. And they are telling those who give “substantial support” to Assata that they are subject to detention by the U.S. military without trial or charge, for the duration of the war against “terror.”
The Black Is Back Coalition for Social Justice, Peace and Reparations will hold a demonstration on Thursday, May 9, from 5 to 7pm, in front of the Harlem State Office Building in New York City, to give substantial and unwavering support to the safety and freedom of Assata Shakur; Freedom for Sundiata Acoli and Sekou Odinga, Black Liberation Army members held in U.S. prisons; and Freedom for All Political Prisoners.
They tried to kill Assata in 1973, and their still trying. They tried to kill the Black liberation movement, but its not dead yet. Join the Black is Back Coalition and a host of other concerned organizations at the Harlem State Office Building, on 125th Street, at 5pm, on Thursday. Tell the real terrorists what you think about them, their austerity, their mass incarceration, and their wars.
Glen Ford can be contacted at GlenFord@BlackAgendaReport.com.
For more information, go to Black Is Back Coalition event Facebook page:
Mérida – Venezuela and Cuba signed 51 bilateral agreements related to energy management and social programmes in areas including healthcare, education and recreation this past weekend and pledged to spend $2 billion on bilateral social development projects this year.
The agreements were signed during Venezuelan president Nicolas Maduro’s visit to Cuba over the weekend.
“We came to ratify a strategic…[and] historical alliance,” Maduro told Cuban press.
Details of the bilateral agreements are yet to be released, though Maduro described the deals as focusing on “social development”.
After meeting with Maduro, Castro told the press that the agreements reaffirm Cuba’s “unyielding will to continue co-operation in solidarity with Venezuela, determined to share our fate with the heroic Venezuelan people”.
The agreements represent Cuba’s largest source of foreign capital, according to AFP.
In his first trip abroad since being sworn in as Venezuela’s new president, Nicolas Maduro also met with former Cuban president Fidel Castro.
“I spent over five hours with Fidel, talking, sharing memories of Comandante Chavez, remembering how he and Chavez had built this alliance, which is more than a strategic partnership,” Maduro stated, according to the Havana Times.
The visit was criticised by Venezuelan opposition leader Henrique Capriles, who during his recent election bid advocated for cutting most ties with Cuba.
“Our great lackey is travelling to Havana to get instructions from his boss,” he tweeted on Saturday.
Venezuela is Cuba’s largest trade partner, currently providing the island nation with more than 100,000 barrels of oil a day. In exchange, over 30,000 Cuban medical personnel work in Venezuela.
During his election campaign, Capriles maintained his long standing policy that if elected, “not another drop of oil” would be sent to Cuba.
However, his views on the doctors are less consistent; alternating between offering them citizenship and accusing them of being spies involved in a “Castro-communist” plot and threatening them with deportation.
Maduro indicated that his administration would maintain continuity with former president Hugo Chavez’s Cuba policy, stating that the two countries “will continue working together”.
According to the Uruguayan newspaper La Republica, Maduro’s next international trip will be to Uruguay, where he is expected to meet with the country’s leftist president Jose Mujica.
The newspaper cites diplomatic sources as stating that the trip will take place around May 7, and will be part of a regional tour.
However, La Republica’s report on Maduro’s travel plans have not been officially confirmed by the Venezuelan government.
By Ron Paul | April 14, 2013
Earlier this month, entertainers Jay-Z and Beyoncé were given a license by the US government to travel to Cuba. Because it is not otherwise legal for Americans to travel to Cuba, this trip was only permitted as a “cultural exchange” by the US Treasury Department. Many suspect that the permission was granted at least partly due to the fame, wealth, and political connections of the couple.
Some Members of Congress who continue to support the failed Cuba embargo, demanded that the Administration explain why these two celebrities were allowed to visit Cuba. The trip looked suspiciously like tourism, they argued in a letter to the White House, and American tourism is still not allowed in Cuba. They were photographed eating at the best restaurants, dancing, and meeting with average Cubans, which these Members of Congress frowned on.
Perhaps it is true that this couple used their celebrity status and ties to the White House to secure permission to travel, but the real question is, why can’t the rest of us go?
The Obama administration has lifted some of the most onerous restrictions on travel to Cuba imposed under the previous Bush administration, but for the average American, travel to the island is still difficult if not impossible.
However, even those who are permitted to go to Cuba are not allowed to simply engage in tourist activities — to spend their money as they wish or relax on a beach.
The US government demands that the few Americans it allows to travel to Cuba only engage in what it deems “purposeful travel,” to “support civil society in Cuba; enhance the free flow of information to, from, and among the Cuban people; and help promote their independence from Cuban authorities.” They must prove that they maintain a full-time schedule of educational activities, according to Treasury guidelines for “people-to-people” travel.
Leave it to the federal government to make the prospect of visiting that sunny Caribbean island sound so miserable.
The reason the US so severely restricts and scripts the activities of the few Americans allowed to travel to Cuba is that it believes travel must promote the goal of taking “important steps in reaching the widely shared goal of a Cuba that respects the basic rights of all its citizens.”
Although I have no illusions about the Cuban government – or any government for that matter — it is ironic that the US chose to locate a prison at Guantanamo Bay, Cuba because the indefinite detention and torture that took place there would have been illegal on US soil. Further, the US government continues to hold more than 100 prisoners there indefinitely even though they have not been found guilty of a crime and in fact dozens are “cleared for release” but not allowed to leave.
Does the administration really believe that the rest of the world is not annoyed by its “do as we say, not as we do” attitude?
We are told by supporters of the Cuba embargo and travel ban that we must take such measures to fight the communists in charge of that country. Americans must be prohibited from traveling to Cuba, they argue, because tourist dollars would only be used to prop up the unelected Castro regime. Ironically, our restrictive travel policies toward Cuba actually mirror the travel policies of the communist countries past and present. Under communist rule in the former Soviet Union and elsewhere it was only the well-connected elites who were allowed to travel overseas – people like Jay-Z and Beyoncé. The average citizen was not permitted the right.
Although the current administration’s slight loosening of the restrictions is a small step in the right direction, it makes no sense to continue this nearly half-century old failed policy. Freedom to travel is a fundamental right. Restricting this fundamental right in the name of human rights is foolish and hypocritical.
To restore good relations with Latin America and the Caribbean, damaged by several years of neglect, is one of many difficult tasks now facing the Obama administration. A measure that could have far-reaching consequences and notably improve the U.S.’ battered image in the continent would be to return Guantánamo to the Cuban people.
Guantánamo has a convoluted history. Initially, the U.S. government obtained a 99-year lease on the 45 square mile area beginning in 1903. The resulting Cuban-American Treaty established, among other things, that for the purposes of operating naval and coaling stations in Guantánamo, the U.S. had “complete jurisdiction and control” of the area. However, it was also recognized that the Republic of Cuba retained ultimate sovereignty.
In 1934, a new treaty reaffirmed most of the lease conditions, increased the lease payment to the equivalent of $3,085 in U.S. dollars per year, and made the lease permanent unless both governments agreed to end it or the U.S. decided to abandon the area.
In the confusion of the early days of the Cuban revolution, Castro’s government cashed the first check but left the remaining checks un-cashed. Since these checks were made out to the ‘Treasurer General of the Republic’, a position that ceased to exist after the revolution, they are technically invalid.
The U.S. has maintained that the cashing of the first check indicates acceptance of the lease conditions. However, at the time of the new treaty, the U.S. sent a fleet of warships to Cuba to strengthen its position. Thus, a counter argument is that the lease conditions were imposed on Cuba under duress and are rendered void under modern international law.
The U.S. has used the argument of Cuban sovereignty over Guantánamo when denying basic guarantees of the U.S. Constitution to the detainees at that facility by indicating that federal jurisdiction doesn’t apply to them. If the Cuban government indeed has sovereignty over Guantánamo, then its claims over the area are legally binding and the U.S. is obligated to return Guantánamo to Cuba.
Since 1959, the Cuban government has informed the U.S. government that it wants to terminate the lease on Guantánamo. The U.S. has consistently refused this request on the grounds that it requires agreement by both parties.
Alfred-Maurice de Zayas, an American lawyer and professor of international law at the Geneva School of Diplomacy and International Relations, has noted that article 52 of the Vienna Convention on the Law of Treaties states, “A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.”
He also believes that the conditions under which the treaty was imposed on the Cuban National Assembly, particularly as a pre-condition to limited Cuban independence, left Cuba no other choice than to yield to pressure.
A treaty can also be void by virtue of material breach of its provisions, as indicated in article 60 of the Vienna Convention on the Law of Treaties. According to the original terms of the lease agreement, the Guantánamo Bay territory could only be used for coaling and naval purposes.
However, the use of the Guantánamo facility as an internment camp for Haitian and Cuban refugees — or, even more ominously, as a demonstrated torture center by the U.S. military — indicates a significant breach of that agreement, fully justifying its immediate termination.
President Jimmy Carter courageously returned the Panama Canal to the Panamanians, thus setting an important precedent in international relations. President Carter did what was legally right, and lifted U.S. prestige not only among Panamanians but throughout the hemisphere.
It can be said that the proposal of returning Guantánamo to Cuba is hopelessly naïve, since it would give an unnecessary boost to the Castro brothers. However, this would be balanced by a wave of goodwill and respect towards the U.S. throughout Latin America. In addition, returning Guantánamo to Cuba will allow the U.S. to close one of the most tragic chapters of its legal and moral history, and it will compensate Cubans for the miseries they have had to endure due to the U.S. embargo and the stubbornness of the Cuban leaders.
Dr. Cesar Chelala is a co-winner of an Overseas Press Club of America award.
- Guantanamo exposes reality of US fascism (alethonews.wordpress.com)
- Activists join Guantanamo hunger strike in week of fast (alethonews.wordpress.com)
- Guantanamo Bay has become money pit – former prison official (theinternetpost.net)
A front-page article in the print edition of today’s Washington Post details how New Jersey Democratic Senator Robert Menendez twice approached federal health-care officials about Dr. Solomon Melgen’s outstanding $8.9 million debt to the Centers for Medicare and Medicaid, which the doctor claims was the result of being over billed. Melgen, personally and through his ophthalmology company, has made major contributions to Menendez’s political campaigns.
This is the latest news to follow reports that on Wednesday, January 30, the FBI raided Melgen’s offices, soon after which the senator’s office described the doctor as “a friend and political supporter of Senator Menendez for many years.” Two days later, following John Kerry’s resignation from his seat as chairman of the Senate Foreign Relations Committee to become Secretary of State, Menendez took over the position, one of the most powerful and prestigious in Congress.
Menendez, who is Cuban American, has taken a hard line against easing travel restrictions to Cuba and has been described as “fiercely pro-embargo.” The New Jersey Democrat has also worked closely with lawmakers across the aisle on policy towards Iran, including his co-authorship of sanctions legislation with Republican Senator Mark Kirk last year.
Early reports of the FBI’s search focused on allegations that in 2010 Senator Menendez accepted free flights to the Dominican Republic from Dr. Solomon Melgen and had sex with prostitutes during these trips, a claim he has vehemently denied. It was also noted that Menendez is not married, and that prostitution is legal in the Caribbean nation. The Senate Ethics Committee is investigating the senator, who in January of this year wrote a $58,000 personal check to reimburse Melgen for two trips.
But the FBI’s raid appeared to be linked to two parallel investigations of Melgen, one regarding Medicare fraud, the other political corruption. Both investigations may involve the doctor’s relationship with Senator Menendez.
The Associated Press noted that Dr. Melgen, a registered Democrat, has made political contributions to the tune of $193,350 since 1998, $14,200 of which has gone to Menendez. More significantly, the New York Times also reported that Melgen’s medical practice gave $700,000 to a super-PAC that spent more than $528,000 in support of Menendez’s re-election campaign in 2012.
This support has recently been scrutinized in light of a July 2012 Senate hearing, in which Menendez reportedly questioned two officials about why the Obama administration had not been more aggressive in promoting U.S. business interests abroad. During this questioning, the senator specifically highlighted a contract between the Dominican government and a company that would provide x-ray equipment for the country’s ports, namely for the purpose of detecting narcotics trafficking. The contract has been held up due to its enormous cost, which is estimated to be as much as $1 billion over 20 years. In the Senate hearings, Menendez did not refer to the company, ICSSI, by name. He also did not mention that Melgen has an ownership interest in the company.
Furthermore, the New York Times reports that Pedro Pablo Permuy, a long-time former aide to Menendez, was slated to be a top executive at ICSSI. Permuy was a senior legislative aide to the senator from 1993 to 1995 and his national security advisor from 2001 to 2003. Permuy denied being either a board member or an employee of the firm. But Dr. Melgen’s cousin, a lawyer based in Santo Domingo who on Monday publicly defended the doctor and senator and called for the contract’s enforcement, said that Mr. Permuy “will run the operations.” According to a spokesperson for Menendez, the senator knew nothing of his long-time former aide’s involvement with the company.
Over the weekend Senate Majority Leader Harry Reid, whose former aides founded the super-PAC that contributed heavily to Menendez’s most recent re-election campaign, expressed his “utmost confidence” in the New Jersey senator and said he has no problem with his colleague’s continued chairmanship of the Foreign Relations Committee. And Menendez’s aides have said he regularly advocates for U.S. business abroad, and that doing so is appropriate for members of that committee.
In March 2010, New York Democratic Representative Charles Rangel stepped down as chairman of the Ways and Means Committee after being admonished by the House Ethics Committee and losing the support of his party. Given the news from today’s Washington Post and the ongoing Senate Ethics Committee and FBI investigations, it remains to be seen whether leaders of either party will call for Menendez to step down as chairman of the Foreign Relations Committee.
- Timeline of Melgen-Menendez Involvement in Dominican Port Deal (breitbart.com)
This isn’t “Everything You Wanted to Know About Alan Gross, But Were Afraid to Ask.” Unanswered questions about Gross abound more than three years after Cuban authorities nabbed him in Havana.
The Agency for International Development dispatched the American development worker to Cuba on a highly sensitive mission in 2009. Cuban authorities followed his movements at first, then arrested him and deposited him in jail. Discovering how he got there, ever so far from his home in Maryland, is a winding trail of money, bureaucracy and barely intelligible acronyms.
Below is a post aimed at answering some basic questions in the case and adding context to new details that emerged this month in court records, confidential memos and other documents (see links to source material at end of post).
Who hired Alan Gross?
A global development company, Development Alternatives Inc., or DAI, based in Bethesda, Md., and with offices in London, Islamabad and other cities. The company had revenue of nearly $300 million in 2012.
What’s DAI’s connection to USAID?
DAI is one of USAID’s top contractors. USAID has awarded more than $4 billion in contracts to DAI since 2000.
On Sept. 27, 2005, USAID signed a $25,000 contract with DAI as part of the agency’s “Instability, Crisis and Recovery Programs.”
The contract description shown in federal records is cryptic: CMM IQC.
What does that stand for?
CMM refers to the Office of Conflict Management and Mitigation in USAID’s Bureau for Democracy, Conflict, and Humanitarian Assistance. The office works with USAID and its partners, along with the State Department and the Pentagon. “These new partnerships,” USAID says, have boosted the U.S. government’s ability to fight the “Global War on Terror.”
IQC is Indefinite Quantity Contract, an agreement that delivers an unspecified quantity of products or services.
What was DAI supposed to do?
USAID hired DAI to conduct “conflict and fragility” assessments, which involved:
- A review of risk factors in specific countries or regions
- The development of work plans
- Fieldwork and reports
- Planning and implementation of meetings and other duties.
What does that have to do with Cuba?
Under the 2005 contract, DAI became one of USAID’s go-to contractors for a range of tasks. So when USAID wanted to assign a sensitive Cuba project in August 2008, it turned to DAI.
What was that project called?
The Cuba Democracy and Contingency Planning Program, or CDCPP.
How did Alan Gross get involved?
By 2008, Gross was in debt and had evidently been trying to land a Cuba-related contract for at least a year. He had been to the island before and knew key people who were handling U.S. government-financed projects in Cuba.
Key people? Any names?
Gross was in contact with Marc Wachtenheim, then director and founder of the Cuba Development Initiative at the Pan American Development Foundation, or PADF, another big USAID contractor.
In 2004, Wachtenheim had asked Gross to deliver a video camera and other items to José Manuel Collera, former head of the Freemasons fraternal organization in Cuba. Gross delivered the package and the PADF paid him $400.
What was Gross doing in Cuba in 2004?
At his 2011 trial, Gross testified that he went to the island as a tourist in 2004. He stayed at the four-star Hotel Raquel in Havana. It’s unclear if he traveled to Cuba again before 2009. His 2006 company tax records cited ongoing humanitarian work in Cuba.
Anything special about Collera?
Collera was an important contact for Wachtenheim, but turned out to be a spy. In 2011, Collera revealed that he was a state security agent known as “Agent Gerardo.”
What became of Wachtenheim?
Cuban state security agents secretly caught Wachtenheim on surveillance video while he met with Collera and others. Presumably, agents could have detained Wachtenheim, but they did not interfere with his travels to the island.
Wachtenheim reached out to Gross again in 2007. He gave him $5,500 and asked him to buy a Hughes model 9201 satellite terminal that was to be taken to Cuba. The equipment allows users to send information over the Inmarsat Broadband Global Area Network, or BGAN, satellite network. It’s not clear who delivered it and how it was used. The equipment may have been tied to an unrelated PADF program. Raúl Capote, a Cuban professor who worked for Cuban state security, said James Benson, a U.S. official in Havana, delivered a portable BGAN terminal to him and said, “Marc Wachtenheim sends you this.”
That same year, Gross pitched a Cuba proposal to Wachtenheim. He called it “Information and Communications Technology for Cuba: A Pilot Project.”
Wachtenheim didn’t bite. Cuban authorities found out about the project because information about it was on a flash drive Gross had when he was arrested in December 2009.
How did Gross finally get the DAI subcontract?
In 2008, Gross learned that DAI had received a Cuba-related contract, described as a “Washington, DC-based project focused on promoting democratic governance in Cuba.”
One version of the story is that Gross then contacted John McCarthy, chief of party for the Cuba project at DAI, and told him he wanted in. Gross told a different story at his trial, saying DAI had asked him to submit a proposal for an upcoming project that he “knew nothing about.”
Whatever the case, Gross got the job even though he didn’t speak Spanish, was not a Cuba specialist and didn’t appear to have extensive experience on the island.
What happened to McCarthy?
He was promoted. He is now DAI’s Global Practice Leader.
So why did DAI hire Gross?
Gross’s connections certainly didn’t hurt. A DAI official who recommended him to USAID on Oct. 21, 2008, wrote:
I can comment on Alan Gross as a former colleague (we overlapped at Nathan from the late 1980s to the early 1990s) and general acquaintance (we stayed in touch over the years) with whom I have exchanged insights about economic development and new business opportunities in this arena every few months.
Alan is a very conscientious and trustworthy individual. He is particularly strong in situational and issues analysis, brokering of technologies and programmatic concepts, and the identification of business opportunities (and this last is a reference to business start-ups, pilots, and innovative ways of overcoming constraints to business growth). I cannot comment on JBDC, as I have never contracted services directly from his company.
Back up. What’s the reference to Nathan?
Gross was a senior partner at Robert R. Nathan Associates from 1987 to 1991.
What about JBDC?
Joint Business Development Center, Inc., was a business and economic development group that Gross founded and ran.
Who designed DAI’s Cuba project?
The project was “based entirely” on Gross’s Dec. 29, 2008, proposal. Gross called it the “ICTs Para La Isla Project.”
How long was the project supposed to last?
The initial phase was set for 15 weeks: Feb. 10, 2009, to June 10, 2009.
How much was Gross paid?
The original subcontract amount was $258,274. Gross asked DAI for a project extension and $332,334 in additional funds. USAID agreed and Gross signed the deal on Oct. 26, 2009, bringing the subcontract amount to $590,608.
How much did Gross actually receive?
DAI paid the original $258,274. Neither USAID nor DAI has revealed how much more he received. The contractor has said Gross was paid for the “deliverables” he completed.
Under the contract terms, Gross would have gotten $65,132.80 before departing on his last Cuba trip.
Then he would have received $21,168 after returning to the U.S. and filing a trip report with DAI, but he was arrested before he could do that. So it is quite possible he received just $65,132.80, not the full $332,334.
Did Gross have to pay his own expenses out of that budget?
Yes. His proposed $332,334 budget, for instance, included at least $167,445 in expenses. That means Gross would have taken home only $164,889 if he had completed the contract.
What were some of big costs that Gross expected to pay?
- Airfare and lodging in Havana and Miami, $40,112
- Satellite modem user charges for just four months, $68,640
What was his salary?
Gross charged DAI $620 per day. That came in just under USAID’s limit of $626.54, which was the agency’s maximum allowable salary without a waiver in 2009. Gross figured he’d collect that amount for 102 days under the contract extension, giving him $63,240.
So how could Gross have taken home $164,889?
Ah, therein lies the beauty of a federal contract. He threw in company overhead, $21,854; fringe benefits, $21,528; administrative costs, $35,081; and an expense that was simply described as his “fee,” a tidy $35,081, which may have been added to compensate for any cost overruns and other unexpected expenses.
What did Gross accomplish under the subcontract?
He installed three BGAN broadband Internet connections as part of a pilot project. The satellite modems were evidently placed at Jewish synagogues or offices in Havana, Camagüey and Santiago de Cuba. Gross wrote in a memo:
A wireless network where none previously existed was developed and made operational at 3 target group communities….The target group is now capable of receiving, transmitting, storing and conveying mass information through multi-modal means not previously available.
Gross said “activities initially developed” in Havana and the two other cities now “can be expanded to other identified target groups.”
Although not part of the Contractor’s initial scope of work, basic content was provided to each of the three communities. This includes three encyclopedias, pictures and video of each other’s communities (developed during three field visits), a significant array of music, and more than a terabyte of storage capacity at each site.
How many trips did Gross make to Cuba under the DAI subcontract?
Four during the initial phase, and one after the contract extension. He was arrested during the fifth trip.
How many trips did he plan under the contract extension, in addition to the five?
Seven, which would have brought the total to 12. His goals were to:
- Beef up security at the three Internet sites he had already established because he feared they’d be detected.
- Study and monitor usage at the sites.
- Supply “up to three new beneficiaries” with telecommunications kits he called “Telco-in-a-Bag.” They were each to include a satellite modem, laptop and other equipment that would fit in a backpack.
When was Gross arrested?
Dec. 3, 2009.
Was anyone else jailed?
None of Gross’s Cuba contacts were reported jailed, but Wachtenheim was reportedly in Cuba around that time and was forced to leave the country in a hurry.
Capote, the professor who was also known as Agent Daniel, said Wachtenheim had traveled to Havana in December 2009 and had called him to arrange a meeting, but he didn’t show up.
Later he called to apologize. Capote recalled the conversation.
Wachtenheim: I had to urgently leave Cuba. Do you have your equipment with you? Do you have it?
Capote: I have it.
Wachtenheim: Make it disappear. Get rid of it quickly.
Cuban authorities had arrested an American who was “very awkward and naive,” Wachtenheim explained. He said Capote needed to get rid of his BGAN because having it would be “very dangerous” for Capote and for the American.
What were the charges against Gross?
In February 2011, Cuban authorities charged Gross with “actions against the independence or the territorial integrity of the state.” Prosecutors also accused him of taking part in a “subversive project aiming at bringing down the revolution.”
How did Gross explain his work?
In a statement given to the court, Gross said he saw the Cuba project as a way to help support his family and “pay off accumulated debts,” and improve Internet access for members of the Jewish community in Cuba.
Let me be absolutely clear and unambiguous: I have never, would never, and will never purposely or knowingly do anything personally or professionally to subvert a government or political system, or bring harm to anyone…I do deeply regret that my actions have been misinterpreted as harmful and a threat against the security and independence of Cuba. Surely, this runs counter to what I had intended.
How did the arrest impact DAI?
On Sept. 14, 2010, USAID modified its contract with DAI. The agency made changes to the scope of work, cut the funding amount from $28,310,630 to $6,857,817, and scheduled early termination of its agreement with the contractor.
Did USAID or DAI say how the contractor spent $6,857,817? Was there any accountability to taxpayers?
No and no. USAID has not made public any reports on the outcome of the Cuba Democracy and Contingency Planning Program. The agency said “due to the sensitive nature of content,” no reports on the program would be submitted to USAID’s huge online database, the Development Experience Clearinghouse.
Have auditors examined USAID’s Cuba programs?
Yes. USAID paid the DMP Group at least $1.47 million to audit the agency’s Cuba programs in 2009 and 2010.
However, USAID has refused disclose any meaningful audit results. In response to a Freedom of Information Act request, USAID in 2011 released a 10-page heavily redacted report that contained few details.
Who used the Internet connections that Gross set up?
Neither DAI nor USAID has reported usage details. Trusted Cubans who were vetted in some way evidently managed the sites, so access was limited. Gross’s subcontract required a usage analysis, but no documents on that have been make public.
Where are the BGAN modems, laptops and other equipment now?
Cuban authorities seized the gear.
How did the project advance the democratization of Cuba?
It is not clear the project had any impact in Cuba, despite its cost and the jailing of Our Man in Havana.
- CDCCP Task Order
- DAI contract amendment
- Cuba judgment vs. Alan Gross
- DAI-CDCCP document
- DAI reply to Gross family lawsuit
- Alan Gross budget proposal
- August 2008 DAI meeting notes
- Cuba indictment vs. Alan Gross
- John McCarthy statement
- Vetting of Alan Gross
- Sept. 27 contract record
- Gross’s “Para La Isla” proposal
- DAI contract modification
- USAID salary memo
- Cuba responds to unsubstantiated U.S. claims regarding the Alan Gross case (alethonews.wordpress.com)
- Documents Describe US “Transition Plans” for Cuba (alethonews.wordpress.com)
Secrecy, politics at heart of Cuba project
U.S. officials stressed the importance of secrecy during a 2008 meeting with a Maryland contractor that had been chosen to carry out a new democracy project in Cuba, according to a confidential memo (download 8-page document).
The project wasn’t considered classified, however, because the U.S. Agency for International Development wanted to create the illusion of transparency.
Development Alternatives Inc., of Bethesda, Md., won the USAID contract on Aug. 14, 2008, and quickly hired Alan Gross, who was later arrested in Cuba while working on the project.
DAI – not USAID, as some websites have reported – wrote the confidential memo to summarize what was said during a private Aug. 26, 2008, meeting with top USAID officials.
During the meeting, DAI learned that the U.S. government had “five to seven different transition plans” for Cuba. DAI would “not be asked to write a new one.”
Instead, the contractor would carry out a daring plan to set up satellite Internet connections under the nose of Cuban state security agents.
USAID promised to protect the identities of contractors and their associates in and out of Cuba. “The program is not pressing (and will not press) them to disclose networks,” said the memo, which DAI filed in federal court on Jan. 15 as part of its reply to a $60 million lawsuit filed by the Gross family in November 2012 (See Spanish-language translation of this post here, h/t Letras Afiladas).
The memo stressed the unusual nature of the Cuba program:
The project was not classified because USAID wanted to send the message that this is a transparent process. Also, a classified project imposes significant security, documentation burdens and delays on all its stakeholders.
USAID wanted no delays and was eager to move ahead. The memo said:
This Administration expects immediate results from this program, definitely before mid-January.
That deadline likely had something to do with the departure of George W. Bush, a strong supporter of USAID’s programs in Cuba, and the arrival of Barack Obama, who was sworn in on Jan. 20, 2009.
The DAI memo summed up a top USAID official’s view of the political undercurrents:
- This project has received and will continue to warrant intense political scrutiny and pressure for results and fiscal integrity.
- Target populations for grants are those NGO reaching out to pro-democracy and human rights change agents and those Cubans with a different vision for their country.
- USAID is not telling Cubans how or why they need a democratic transition, but rather, the Agency wants to provide the technology and means for communicating the spark which could benefit the population.
- This project will be difficult to implement because an ‘ossified’ Cuban government prevents change, and because most government resources go to its police and control machinery.
- The Cuba program attracts significant attention and scrutiny by US Congress, where some support and others question existing activities.
- There is, of course, skepticism on this project, influential political and civic leaders have the perception that this program is paying too much for work that could be significantly less expensive through other contract or award options.
The challenge, the memo said, would be finding “creativity to implement this project in the face of opposition from the Cuban State…while protecting the security of participants and change agents.”
The project was entitled “Cuba Democracy and Contingency Planning Program,” or CDCPP. The memo gave explicit instructions on how the initiative should be described if any lawmakers should ask about it.
Explanation to the Hill regarding CDCPP: to empower pro-democracy, pro-human rights and those looking for alternative visions for the island. The program seeks to expand the reach of their ideas and activities, to build and fortify networks and their capacity to act, and to increase the flow of communication to and around the island.
That vague description gave no clues to the project’s clandestine nature, but the DAI memo was clear:
CDCPP is not an analytical project; it’s an operational activity. USAID approval is needed for everything. We cannot freelance.
The memo said USAID picked DAI in part because of its international reach.
USAID would like to tap into the global network of contacts that DAI has in terms of democracy promotion…
Planes flying in to Cuba from Europe, Central America and the Caribbean look “less conspicuous.”
Grant limits to non-U.S. NGOs “have no funding ceiling,” the memo added. But:
Cuban security apparatus is very strong so non-US NGOs should be vetted.
The DAI memo spelled out what the contractor should say in response to any inquiries from the public or the media:
Yes, we have been awarded CDCPP and we are working with USAID on discussions, but the project is not fully operational yet. Please refer other questions to (redacted) of USAID.
The memo said USAID stressed:
DAI said that meant:
We must not post anything on our website or issue a press release on the awarded contract.
DAI wound up picking Gross to handle “new media” – the satellite Internet connections – described as the “most sensitive component in a very sensitive project.”
And during four trips to Cuba, Gross established three Internet connections – one in Havana, two outside the capital.
DAI paid him $258,274. He requested more money to continue the project and was promised $332,334, which would have brought his subcontract total to $590,608, an October 2009 memo shows (download 6-page document).
In late November 2009, Gross returned to Cuba a fifth time. Cuban authorities arrested him on Dec. 3, 2009, and accused him of crimes against the socialist state.
DAI said it paid Gross “the full amount owed under the Subcontract for completed deliverables.”
That evidently means Gross would have been entitled to just $65,132.80. That would bring his total payments to $323,406.80, not the full $590,608 he could have collected if he were not arrested.
Gross called his effort “Para La Isla” – For The Island. According to a proposal (download 13-page document) he wrote after his first four trips to Cuba:
Efforts to date under the Para-La-Isla (PLI) Pilot have been focused on establishing and operationalizing 3 sites on the Island through which target group members now have greater access to information than they had previously.
Activities in support of these efforts included the selection, configuration, logistics and training on the use of specific information and communication technologies (ICTs). Primary objectives of the Pilot dealt with the efficacy of the technologies deployed and the contractor’s demonstration that these technologies work.
In the Sept. 17, 2009, memo, Gross proposed six eight additional trips to Cuba that his company would carry out from Nov. 1, 2009, to Oct. 31, 2010.
The memo stated:
Activities initially developed under this pilot at the first site in the capital city have been replicated and expanded to two other target group member communities in the provinces. These activities can be expanded to other identified target groups.
That likely means that Gross and DAI had envisioned taking the program beyond the Jewish community where Gross installed his first Internet connection.
Gross had supplied his Cuban collaborators with Broadband Global Area Network equipment, BGAN for short. The equipment, which fits into a backpack, can be used to establish a broadband Internet connection from anywhere in the world. Users can also make phone calls, send e-mail messages and set up a WiFi network.
During follow-up visits, Gross wanted to learn how Cubans were using the BGAN equipment, increase the number of users at each site and boost security so they wouldn’t be caught.
He considered it “highly probable” that state security agents would detect the satellite connections in the provinces. He wrote:
Radio Frequency activity in the Capitol City is more difficult to monitor than in the provinces because of an already existing level of RF congestion (e.g., from government, commercial sites, embassies, etc.). Therefore, monitoring and detection in the use of ICTs is less likely to occur in the Capitol City. Conversely and because there is little RF congestion in the provinces, monitoring and detection of ICT devices is highly probable.
Even limited use of BGANs and wireless networks will be monitored and detected because Island government technicians routinely “sniff” neighborhoods with their handheld devices in search of ham-radio and satellite dishes. While wireless computer networks (intranet) are not likely to cause any problem if detected, discovery of BGAN usage for Internet access would be catastrophic.
Gross planned to install special SIM cards in the three BGAN systems that would disable their GPS tracking feature and make them more difficult to detect. He wrote:
In order to improve and supplement security tactics and protocols already in place, the contractor will use an alternative SIM card, called “discreet” SIM card, that will increase the level of technical security with each of the 3 BGANs deployed. Discreet SIM cards impede the ability to track or detect specific aspects of non-terrestrial transmitted signals, regarding location and IP identification of transmission. This is accomplished by:
- Masking the IP address of the BGAN, in case some entity is able to “hack” into the transmission at either end, and
- Masking the signal so that its GPS location cannot be pinpointed within 400 km.
During the last three of the six trips that Gross planned, he had hoped to supply “up to an additional three prospective new target group sites” with what he described as “Telco-in-a-Bag.” He wrote:
Beneficiaries will utilize this equipment to support activities that are consistent with CDP program. A standard configuration will include:
- Hardware and software (e.g., computers, modems)
- Content sharing devices (e.g. iPods, flash drives, smartphones)
- Activation and Service (BGAN and mobile)
- Training on the use of this equipment will be similar to the first 3 sites (excluding training on Ruckus Wireless equipment)
- Local Technical Support to be provided by local contractor staff for trouble-shooting, technical assistance, maintenance, etc.
Gross said each ‘Telco-In-A-Bag” would include:
- Unlocked SmartPhones
- Sim Card
- 2GB miniSD Expansion Memory Card
- iPod 120 GB
- Composite AV Cable for use with iPod & TV
- RF Modulator for TVs, Coaxial Cable
- BGAN satellite modem (1 T&T, 2 Nera)
- Discreet BGAN Sim card
- Wireless Router
- Surge Protector (3-outlet) & Adapters
- Polycom Communicator for Notebook
- WD External Hard Drive, 500 GB
- USB Memory Stick (4 GB Flash Drive)”
The memo said that Gross and DAI would reach “an amicable agreement on how to resolve or settle” any differences if forces beyond their control prevented the project’s completion.
But there was no amicable agreement after Gross was arrested and Gross and his wife, Judy, sued DAI and USAID.
On Jan. 15, DAI asked a federal judge to throw out the lawsuit. Lawyers for DAI wrote (download 57-page document):
The Cuban government, reprehensibly, has sought to manipulate its detention of Mr. Gross to strengthen its hand in dealings with the United States. This has included seeking to exchange Mr. Gross’s release for the U.S. Government’s release of five Cuban spies. As Congresswoman Ileana Ros-Lehtinen observed, “[t]he Cuban dictatorship is clearly using Mr. Gross to strengthen its grip on power and gain leverage with the United States.”
Against this backdrop, Plaintiffs have filed the present tort suit seeking monetary damages from the Defendants. The fundamental premise of the Complaint is that Plaintiffs may bring tort claims against the Defendants based on the tragic harm that has befallen Mr. Gross.
This premise is wrong. Plaintiffs’ allegations are inextricably intertwined with Federal laws and policies that bar Plaintiffs’ claims, and also fail to state a claim on which the Court can grant relief. Plaintiffs’ claims must be dismissed for eight distinct reasons, any one of which would justify dismissal.
The DAI lawyers – Steven J. Weber, Sarah M. Graves and Matthew J. Gaziano – also said that the company did not have duty to protect Gross. They said he was an independent contractor who should have done more to avoid arrest.
…the Subcontract explicitly states “[t]he Subcontractor shall take all reasonable precautions to prevent damage, injury, or loss to all persons performing services hereunder, the Work, all materials and equipment utilized therein, and all other property at the site of the Work and adjacent thereto.” § 7.3. Thus, § 410 is inapplicable on its face, and the general rule restricting liability to independent contractor employees should prevail.
In sum, DAI had no duty to protect Mr. Gross from the type of injury he suffered, and no exception to this rule is applicable given his admitted status as an employee of an independent contractor. Whether his injury was foreseeable is a factual question that does not change this analysis.
The Cuban government – not DAI – are ultimately to blame for any harm done to Gross and his wife, the contractor’s lawyers said.
DAI deeply regrets that Mr. and Mrs. Gross have suffered harm due to the actions of the Cuban government while Mr. Gross was undertaking activities in Cuba to further the U.S.Government’s foreign policy. For the reasons stated above, however, the Complaint against DAI must be dismissed in its entirety and with prejudice.
- Alan Gross and his descent into hell (alethonews.wordpress.com)
- Cuba responds to unsubstantiated U.S. claims regarding the Alan Gross case (alethonews.wordpress.com)