CUBA: REQUEST FOR NEW OFAC PROVISION

C O N F I D E N T I A L SECTION 01 OF 02 HAVANA 000373

SIPDIS

DEPT FOR WHA/CCA

E.O. 12958: DECL: 05/05/2018
TAGS: PGOV PINR PREL CU
SUBJECT: CUBA: REQUEST FOR NEW OFAC PROVISION

Classified By: COM: James L. Williams: For reasons 1.4 b/d


1. (C) SUMMARY: It has come to USINT's attention that there
are some U.S. citizen priests and other religious workers
living and practicing in Cuba. They do so by living and
working among Cubans; doing, literally, "God's work." Such
positive U.S.-Cuban contact is precisely the kind of
constructive interaction, influence, and interchange of ideas
envisioned by U.S. policy toward Cuba. Current OFAC
regulations, however, do not contemplate this kind of work
and only authorize licensees to conduct specific and finite
travel. This cable makes the case for enacting a provision
to allow, in certain instances such as these, long-term
residence in Cuba. End Summary.

A tale of two priests
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2. (SBU) Father Esteban Melians belongs to the Franciscan
order and has been living and working in Cuba for several
years. Melians was initially granted a license (CT-8635) by
the Department of Treasury's Office of Foreign Assets Control
(OFAC) to carry out religious travel to Cuba during a
two-year period (2004-06). Though the license is clearly
meant for specific trips of relatively short duration,
Melians was living and working as a friar in Cuba during that
entire time. Melians requested an extension to his license
in 2006, which was granted by OFAC until October of 2007. He
requested a similar extension for 2008, but this time it has
not been approved.


3. (SBU) Father Emilio Biosca is a Capuchin Franciscan and
has been practicing in Cuba since February 2007. The purpose
of his travel was, according to his OFAC license (CT-3296-a),
to "visit Church authorities as well as setting up
humanitarian relief projects in consultation with Catholic
Relief Services-CRS partner in Cuba, Caritas Cubana."
Although Biosca's visit was meant to last less than 30 days,
he remained in Cuba ever since, practicing as a friar.

Black and white regulations
--------------


4. (SBU) It would seem that both priests were in violation
of the terms of their respective OFAC licenses, which did not
authorize long-term residence in Cuba. Moreover, it appears
that Father Melians' 2007 extension should not have been
granted, especially if it was known that he was residing in
Cuba. The work of these priests in Cuba is admirable and
valuable to U.S. policy aims. If they were to do their
religious work in 30-day spurts, perhaps license approval
would be feasible. But because they do it year-round and
directly with Cubans in Cuba, there simply is no OFAC
provision that legally authorizes their work.

On-the-ground perspective
--------------


5. (C) Father Biosca believes there are as many as 14
American citizens living and working in Cuba under the
umbrella of the Catholic Church, who are priests, nuns or
serve under some other religious capacity. If Biosca and
Melians are any indication, each of them lives and works
among the Cuban people, all throughout the island, mostly in
poor communities, with minimal or no interaction with the
regime, and with the power to positively influence many
Cubans. Biosca, for example, has close ties with the
Missionary Sisters of Charity (Mother Teresa),who have a
presence in ten locations throughout Cuba. He offers mass
and spiritual retreats to the sisters and has been all over
the island in the year he's been in Cuba. Cubans trust --
something that is unnatural in Cuba -- these individuals
because of their vocation, even if they are Americans. Based
on our experience in dealing with clergy in Cuba, we believe
they are valuable reporting assets because of their ability
to move about the whole island and their everyday contact
with the people of Cuba.

Vulnerable status in Cuba
--------------


6. (C) While obtaining USG approval to come to Cuba is
complicated enough, as Biosca explained to us, obtaining GOC
approval was much harder. He applied for his permit and had
to wait two years before receiving approval from the GOC.
During that time, the GOC carried out its equivalent of a
background investigation to ensure he was not a spy. Though
born in Colorado, Biosca's parents were Cuban. After serving

HAVANA 00000373 002 OF 002


in New Guinea for 11 years, Biosca was summoned to come to
Cuba due to the dwindling number of Franciscans and because
the order wanted to capitalize on his Cuban background and
fluent Spanish.


7. (C) Biosca's Cuban permit -- like his OFAC license -- was
initially limited to only 30 days. Biosca said he was told
by the GOC that, "We have to see how you behave first." This
"trial" period was an indefinite period, during which he said
he was placed in a state of immigration limbo, his movements
were monitored, his contacts surveilled and asked about
Biosca's "political views." Eventually he was granted
temporary extensions to stay for 60, then 90 days, and so
forth. He explained that, in such a state of scrutiny by the
GOC, it did not seem prudent to be dealing closely with the
USG.

Maintaining their presence in Cuba
--------------


8. (C) Comment and request: We know and can vouch for both
Fathers Melians and Biosca to be legitimate in their
religious devotion and good intentions. They knew they were
coming to serve in Cuba on long-term stays and never intended
to deceive the U.S. government. How they got here, however,
is less important in our view than the impact of the work
they are doing. We believe it is in the best interests of
U.S. policy toward Cuba, not just to allow but rather to
promote their presence in Cuba. They fittingly represent the
type of positive agents of change envisioned by our policy.
They also constitute, especially given our geographic
limitation to Havana, valuable listening posts on the
condition of average Cubans. We urge the Department to work
with the Department of Treasury to regularize the status of
these two, but we also suggest strongly that the Department
explore the possibility of devising a legal mechanism for
religious workers that will legitimize their presence in
Cuba.

PARMLY