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Monday, April 8, 2013

Cuba: U.S. Policy and Issues for the 113th Congress



Mark P. Sullivan
Specialist in Latin American Affairs

Cuba remains a one-party communist state with a poor record on human rights. The country’s political succession in 2006 from the long-ruling Fidel Castro to his brother Raúl was characterized by a remarkable degree of stability. In February 2013, Castro was reappointed to a second five-year term as president (until 2018, when he would be 86 years old), and selected a 52-year old former Education Minister Miguel Díaz-Canel as his First Vice President, making him the official successor in the event that Castro cannot serve out his term. Raúl Castro has implemented a number of gradual economic policy changes over the past several years, including an expansion of self-employment. A party congress held in April 2011 laid out numerous economic goals that, if implemented, could significantly alter Cuba’s state-dominated economic model. Few observers, however, expect the government to ease its tight control over the political system. While the government reduced the number of political prisoners in 2010-2011, the number increased in 2012; moreover, short-term detentions and harassment have increased significantly. 

U.S. Policy 


Over the years, Congress has played an active role in shaping policy toward Cuba, including the enactment of legislation strengthening and at times easing various U.S. economic sanctions. While U.S. policy has consisted largely of isolating Cuba through economic sanctions, a second policy component has consisted of support measures for the Cuban people, including U.S. government-sponsored broadcasting (Radio and TV Martí) and support for human rights and democracy projects. The Obama Administration has continued this similar dual-track approach. While the Administration has lifted all restrictions on family travel and remittances, eased restrictions on other types of purposeful travel, and moved to reengage Cuba on several bilateral issues, it has also maintained most U.S. economic sanctions in place. On human rights, the Administration welcomed the release of many political prisoners in 2010 and 2011, but it has also criticized Cuba’s continued harsh repression of political dissidents through thousands of shortterm detentions and targeted violence. The Administration has continued to call for the release of U.S. government subcontractor Alan Gross, detained in 2009 and sentenced to 15 years in prison in March 2011. Gross’s continued detention has been a major impediment toward improved relations. 

Legislative Activity 


Strong interest on Cuba is expected to continue in the 113
th Congress with attention focused on economic and political developments, especially the human rights situation, and U.S. policy toward the island nation. The continued imprisonment of Alan Gross remains a key concern for many Members. Now that Congress has completed action on FY2013 appropriations, it will soon be considering the Administration’s FY2014 request for the State Department and Foreign Operations, which includes funding for Cuba democracy programs and Cuba broadcasting. For many years, U.S. sanctions, particularly restrictions on travel, remittances, and agricultural exports to Cuba, have been topics of congressional debate, and this could be possible again in the 113th Congress.

To date in the 113
th Congress, seven initiatives on Cuba have been introduced. Several would lift or ease U.S. economic sanctions on Cuba: H.R. 214 and H.R. 872 (overall embargo); H.R. 871 (travel); and H.R. 873 (travel and agricultural exports). H.R. 215 would allow Cubans to play organized professional baseball in the United States. H.R. 778 would modify a 1998 trademark sanction. H.Res. 121 would honor the work of Cuban blogger Yoani Sánchez in challenging the oppression of the Castro regime.

This report will be updated periodically during the 113
th Congress. For additional information, see CRS Report RL31139, Cuba: U.S. Restrictions on Travel and Remittances.


Date of Report: March 29, 2013
Number of Pages: 53
Order Number: R43024
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Thursday, March 28, 2013

Argentina’s Post-Crisis Economic Reform: Challenges for U.S. Policy



J. F. Hornbeck
Specialist in International Trade and Finance

U.S.-Argentine economic relations have long been mutually beneficial. In recent years, however, they have been strained at times, in part because of Argentina’s struggle to maintain macroeconomic stability, and also because of specific policy choices that have made the business environment difficult to navigate since the country’s 2001 financial crisis. Following a steep currency devaluation and the largest sovereign default in history, Argentina entered a deep recession with high unemployment and social upheaval. It brought to power a new government, and with it a shift in economic policy away from market-oriented policies toward greater government management of the economy in pursuit of the stated Argentine goal of “social equity.” The initial policy responses intended to restore order and address the most pressing social problems evolved into permanent social programs. Government policies introduced many distortions into the economy, including high inflation, which have required regular adjustments in the international accounts to maintain economic stability. These include managed trade, capital controls, and limited currency conversion, among other policies that have earned the ire of international stakeholders.

Argentina’s economic policies reflect priority for financial independence, social equity, and what may be considered a commitment to “populist” macroeconomic solutions. Even in recognizing that countries can govern themselves well under alternative policy frameworks, what stands out for many is the sense that Argentina’s policy choices with attendant economic distortions increase the risk of a potential financial crisis. The resulting spillovers into international economic policy are unavoidable. Trade protection, managed exchange rates, and capital controls, for example, are policy adjustments required to address problems that materialize in a constrained economic system (e.g., subsidy-driven fiscal expansion, price controls, inability to borrow internationally) that cannot easily accommodate current account deficits, a market exchange rate, or standard macroeconomic responses to high inflation.

Congress and private U.S. stakeholders have opposed many of Argentina’s policies that include a sovereign default on debt owed to both private investors and countries, including the United States; refusal to pay awards ordered by the International Centre for the Settlement of Investment Disputes; nationalization of foreign assets; trade protectionism; capital and currency controls; and refusal to abide by International Monetary Fund (IMF) reporting requirements. U.S. investors are suing the government of Argentina in U.S. federal courts; the Obama Administration has invoked financial restrictions, revoked trade preferences, voted against loans for Argentina in the development banks, and filed cases before the World Trade Organization (WTO). Some Members of Congress have expressed its dissatisfaction in hearings, resolutions, and proposed legislation.

International stakeholders, both public and private, find themselves challenged by this system, along with some Argentines. One indication of the breadth of international dissatisfaction over Argentina’s policies is the call for effectively removing Argentina from the G-20, despite the lack of precedent and formal procedure for doing this. Irrespective of these initiatives, Argentina has not been moved to change course, and the 113
th Congress may decide to consider once again U.S. options for addressing bilateral concerns with Argentina.

For details on the sovereign debt issue, see CRS Report R41029, Argentina’s Defaulted Sovereign Debt: Dealing with the “Holdouts,” by J. F. Hornbeck.



Date of Report: March 26, 2013
Number of Pages: 22
Order Number: R43022
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Tuesday, March 26, 2013

Supporting Criminal Justice System Reform in Mexico: The U.S. Role



Clare Ribando Seelke
Specialist in Latin American Affairs

Fostering security, stability, and democracy in neighboring Mexico is seen by analysts to be in the U.S. national security and economic interest. Reforming Mexico’s often corrupt and inefficient criminal justice system is widely regarded as crucial for combating criminality, strengthening the rule of law, and better protecting citizen security and human rights in the country. Congress has provided significant support to help Mexico reform its justice system in order to make current anticrime efforts more effective and to strengthen the system over the long term.

U.S. and Mexican officials assert that fully implementing judicial reforms enacted through constitutional changes in June 2008 is a key goal. Under the reforms, Mexico has until 2016 to replace its trial procedures at the federal and state level, moving from a closed-door process based on written arguments presented to a judge to an adversarial public trial system with oral arguments and the presumption of innocence until proven guilty. These changes are expected to help make the system less prone to corruption and more transparent and impartial. In addition to oral trials, judicial systems are expected to adopt means of alternative dispute resolution, which should help them be more flexible and efficient, thereby ensuring that cases that go to trial involve serious crimes.

More than halfway into the reform process, judicial reform efforts in Mexico are at a critical juncture. As of December 2012, 22 of Mexico’s 32 states had enacted new criminal procedure codes (67%), but only 12 states (36%) had begun operating at least partially under the new system. Reform states have seen positive initial results as compared to non-reform states: faster case resolution times, less pre-trial detention, and tougher sentences for cases that go to trial. Daunting challenges remain, however, including counter-reform efforts and opposition from some key justice sector operators (including judges). Although reform efforts have lagged at the federal level, President Enrique Peña Nieto, inaugurated in December 2012 to a six-year term, has said that advancing judicial reform will be a top priority. U.S. policymakers are likely to follow how the Peña Nieto government moves to enact a unified penal code and code of criminal procedure to hasten reform at the federal level and to increase support to states transitioning to the new system.

The United States has been supporting judicial reform efforts in Mexico since the late 1990s, with assistance accelerating since the implementation of the Mérida Initiative in FY2008, an anticrime assistance program for which Congress has provided $1.9 billion. While the Mérida Initiative initially focused on training and equipping Mexican security forces, it now emphasizes providing training and technical assistance to help reform Mexico’s justice sector institutions. Funding for “Institutionalizing the Rule of Law” now dwarfs other types of U.S. assistance to Mexico.

This report provides an overview of Mexico’s historic 2008 judicial reforms and an assessment of how those reforms have been implemented thus far. It then analyzes U.S. support for judicial reform efforts in Mexico and raises issues for Congress to consider as it oversees current U.S. justice sector programs and considers future support to Mexico. Also see CRS Report R41349, U.S.-Mexican Security Cooperation: The Mérida Initiative and Beyond, by Clare Ribando Seelke and Kristin M. Finklea.



Date of Report: March 18, 2013
Number of Pages: 20
Order Number: R43001
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Wednesday, March 20, 2013

Latin America and the Caribbean: Fact Sheet on Leaders and Elections



Barbara Salazar Torreon
Information Research Specialist

This fact sheet tracks the current heads of government in Central and South America, Mexico, and the Caribbean. It provides the dates of the last and next elections for the head of government and the national independence date for each country.


Date of Report: March 12, 2013
Number of Pages: 4
Order Number: 98-684
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Tuesday, March 19, 2013

Hugo Chávez’s Death: Implications for Venezuela and U.S. Relations



Mark P. Sullivan
Specialist in Latin American Affairs

The death of Venezuelan President Hugo Chávez on March 5, 2013, after 14 years of populist rule, has implications not only for Venezuela’s political future, but potentially for the future of U.S.-Venezuelan relations. This report provides a brief discussion of those implications. For additional background on President Chávez’s rule and U.S. policy, see CRS Report R40938, Venezuela: Issues for Congress, by Mark P. Sullivan.

Congress has had a strong interest in Venezuela and U.S. relations with Venezuela under the Chávez government. Among the concerns of U.S. policymakers has been the deterioration of human rights and democratic conditions, Venezuela’s significant military arms purchases, lack of cooperation on anti-terrorism efforts, limited bilateral anti-drug cooperation, and Venezuela’s relations with Cuba and Iran.

The United States traditionally enjoyed close relations with Venezuela, but there has been considerable friction in relations under the Chávez government. U.S. policymakers have expressed hope for a new era in U.S.-Venezuelan relations in the post-Chávez era. While this might not be possible while Venezuela soon gears up for a presidential campaign, there may be an opportunity in the aftermath of the election.

The Venezuelan Constitution calls for elections within 30 days, although no date has yet been set. It is likely that Vice President Nicolás Maduro, who is serving as acting President, will be the presidential candidate for the ruling United Socialist Party of Venezuela (PSUV), while Henrique Capriles, governor of Miranda state, who ran in the October 2012 presidential election, will likely be the candidate for the unified opposition. Many observers expect that the outpouring of sympathy for President Chávez, as well as the fact that Chávez himself called on his supporters to elect Maduro if anything were to happen to him, bode well for Maduro’s election prospects. Whoever wins the election will face enormous economic and political challenges.


Date of Report: March 8, 2013
Number of Pages: 9
Order Number: R42989
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