The Ghost of Helms-Burton

Abstract

In spite of the significant policy initiatives undertaken by the Barack Obama administration to “normalize” U.S. relations with Cuba, serious barriers and impediments lie ahead. This chapter investigates the daunting policy challenges that face the United States and Cuba in their effort to advance their bilateral diplomatic and economic affairs, owing largely to the draconian conditionality codified in the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (Helms–Burton Act). Given the highly partisan and divided nature of executive and legislative branches of the U.S. government, it remains uncertain as to whether Congress will allow progress in the normalization process to move beyond the limits of executive action. The chapter identifies and details the concrete steps that must be undertaken by the Congress to dismantle Helms-Burton, and under what conditions that might occur.