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INTERFERING WITH U.S. NATIONAL SECURITY IN-
TERESTS: THE WORLD TRADE ORGANIZATION
AND THE EUROPEAN UNION CHALLENGE TO
THE HELMS-BURTON LAW

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Printed for the use of the Committee on International Relations

44-837 CC

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1998

For sale by the U.S. Government Printing Office

Superintendent of Documents, Congressional Sales Office, Washington, DC 20402

ISBN 0-16-056095-0

COMMITTEE ON INTERNATIONAL RELATIONS

BENJAMIN A. GILMAN, New York, Chairman

WILLIAM GOODLING, Pennsylvania
JAMES A. LEACH, Iowa
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER SMITH, New Jersey
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
DONALD A. MANZULLO, Illinois
EDWARD R. ROYCE, California
PETER T. KING, New York
JAY KIM, California

STEVEN J. CHABOT, Ohio

MARSHALL "MARK" SANFORD, South Carolina

MATT SALMON, Arizona

AMO HOUGHTON, New York

TOM CAMPBELL, California

JON FOX, Pennsylvania

JOHN MCHUGH, New York

LINDSEY GRAHAM, South Carolina

ROY BLUNT, Missouri

JERRY MORAN, Kansas

LEE HAMILTON, Indiana
SAM GEJDENSON, Connecticut
TOM LANTOS, California
HOWARD BERMAN, California
GARY ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American
Samoa

MATTHEW G. MARTINEZ, California
DONALD M. PAYNE, New Jersey
ROBERT ANDREWS, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
CYNTHIA A. MCKINNEY, Georgia
ALCEE L. HASTINGS, Florida
PAT DANNER, Missouri
EARL HILLIARD, Alabama
WALTER CAPPS, California
BRAD SHERMAN, California
ROBERT WEXLER, Florida
STEVE ROTHMAN, New Jersey
BOB CLEMENT, Tennessee
BILL LUTHER, Minnesota
JIM DAVIS, Florida

KEVIN BRADY, Texas

RICHARD J. GARON, Chief of Staff

MICHAEL H. VAN DUSEN, Democratic Chief of Staff

SUBCOMMITTEE ON INTERNATIONAL ECONOMIC POLICY AND TRADE ILEANA ROS-LEHTINEN, Florida, Chairperson

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INTERFERING WITH U.S. NATIONAL SECURITY INTERESTS: THE WORLD TRADE ORGANIZATION AND THE EUROPEAN UNION CHALLENGE TO THE HELMS-BURTON LAW

WEDNESDAY, MARCH 19, 1997

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON INTERNATIONAL ECONOMIC POLICY

AND TRADE,

COMMITTEE ON INTERNATIONAL RELATIONS,

Washington, DC.

The Subcommittee met, pursuant to notice, at 1:14 p.m. in room 2172, Rayburn House Office Building, Hon. Ileana Ros-Lehtinen (chair of the Subcommittee) presiding.

Ms. ROS-LEHTINEN. The hearing is called to order.

I am going to enter a lengthier statement in the record but I will summarize what I was saying in that statement.

For years, particularly in the last 12 months, the United States has had to endure severe criticism of U.S.-Cuba policy, not exactly from its enemies but rather from our own allies. The countries of the European Union (EU) seem to place a higher degree of emphasis on appeasing pariah States such as the Castro regime than on supporting the United States. They have used the international forum to attack U.S. policy toward the Castro regime as a means of securing a more favorable environment in Cuba which would render them substantial returns on their investment. This animosity within the European Commission (EC) seemed to climax when the U.S. Congress passed and the President signed into law the Cuban Liberty and Democratic Solidarity Act of 1996.

The majority of the EC countries who did not condemn or respond with any sense of moral fortitude to the murder of four innocent civilians by the Castro Air Force, who did not demonstrate any indignation at the blatant violations of human rights and internal law, instead turned their anger toward the United States and specifically toward our Helms-Burton Law. Two months after the enactment of the law, the 50-member EC formally requested the establishment of a dispute panel objecting to what they termed the extraterritorial implications of the law and submitting their challenge under the 1995 Global Trade Agreement creating the World Trade Organization. Despite the waivers of Title III by President Clinton and despite the ongoing consultations led by Ambassador Stewart Eizenstat, the EU proceeded with its challenge and has refused to withdraw its request for a WTO dispute settlement body

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