Cuban American Bar Association Raises Concerns Over Florida Bar Trip to Cuba
CABA objects to fees and requests for additional information from natives of Cuba.
July 19, 2018 at 04:19 PM
4 minute read
The Cuban American Bar Association has published two open letters expressing reservations about plans for two law-related trips to Cuba.
Penned by CABA president Jorge L. Piedra, the letters are addressed to the international law section of the Florida Bar and continuing legal education provider SimplyCLE, which are planning separate trips this fall.
In his letter to the bar section, Piedra, who has been on CABA's board of directors for nine years, notes the “differential treatment” being given to Cuban-born bar members and others who'd like to attend the trip scheduled for Oct. 19-22. Piedra quotes the fine print accompanying promotional material, which reads, “Cuban born travelers, please contact Cuba Cultural Travel prior to mailing your deposit and registration form. Fees associated with special visas for Cuban born travelers are not included.”
The notation refers to a special permit needed for Cuba-born foreigners to travel into the country. Piedra said the permit requires an additional fee and additional personal information not requested of others. The Cuban-American visitors would have to provide a “reference in Cuba (must know exact name and address).”
“It's outright discrimination against Cuban-born members of the Florida Bar,” Piedra told the Daily Business Review. “It's part of the Cuban government's scheme to discriminate against Cuban-born people who have become U.S. citizens.”
“We have issues with any trip that discriminates against one member of the Florida Bar against any other. In this case it happens to be Cuban-born members.”
The letter also mentions concerns he and other CABA members have about Cuba's human rights record.
“Another significant concern is the branding of this excursion as a 'cross-cultural educational exchange,' with a glaring absence of any education on the disgraceful human rights issues facing Cubans on the island,” the letter reads. “The cast of 'prominent' members that the ILS has selected to 'educate' members of our Bar fails to include even one member of the Cuban dissident movement or one human rights activist.”
Piedra said he and CABA are not trying to get the trip canceled or keep members from attending.
Piedra's letter to SimplyCLE articulates many of the same points made and raises questions about the legality of the trip. The letter cites SimplyCLE's marketing material touting the Cuba CLE seminar set Sept. 17-21 as a “vacation.”
The U.S. Treasury Department's Office of Foreign Assets Control limit Cuba visits by Americans to “official business of U.S. government, foreign government and certain intergovernmental organizations; journalistic activity; professional research; educational activities.”
Carlos Federico Osorio, the chair of the bar section, noted its ultimate function is to enable cultural and legal exchanges. With that in mind, the upcoming trip to Cuba — its third to the island — fulfills its mission.
“All of our missions have been done tactfully as a lawyer-to-lawyer exchange; it's for the profession,” Osorio said. “It's something that our members want, some of whom are CABA members. We've spoken with Piedra directly; we've always taken their concerns into consideration.”
As a Nicaraguan expatriate, Osorio said he empathizes with the apprehensions expressed by Piedra and CABA.
“I understand Mr. Piedra's concerns, but my perspective is you shouldn't refuse to travel to a place if you want to learn more about it,” Osorio said. “We're lawyers going on an educational and professional exchange. We're not diplomats. We don't set policy.”
Attorney James Michael Meyer — treasurer of the international law section and co-chair of its Cuba committee — disputed CABA's contention that the itinerary doesn't address Cuba's human rights, citing the involvement of Cuban dissident Rene de Jesus Gomez Manzano on previous trips.
“Every minute of the day is filled with substantive content, with human rights being a focus of discussion,” Meyer told the DBR. “One of the primary purposes for these visits is to promote professional exchange but also to interact with the Cuban people, including dissidents on the island.”
Meyer said the section does not sanction any violations of rules set by the Office of Foreign Assets Control on payments to Cuba and directed further questions to the trip's organizer, California-based Cuba Cultural Travel.
Cuba Cultural Travel and SimplyCLE did not respond to requests for comment by deadline.
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