Request for Waiver of Section 565 Prohibition against

UNCLAS HAVANA 000006

WHA/CCA
WHA/EX for Cynthia Kierscht
NEA/RA for Joseph Scovitch

SIPDIS

E.O. 12958: N/A
TAGS: ABLD AFIN AMGT ASUP ECON KBCT PHUM
SUBJECT: Request for Waiver of Section 565 Prohibition against
Contracting with Firms that Comply with the Arab League Boycott or

Discriminate on Basis of Religion

REF: 08 STATE 132944


1. USINT Havana requests a waiver of Section 565 of Title V, Part
C of the Foreign Relations Authorization Act, Fiscal year 1994 and
1995 (PL 103-236) (22 USC 2679c) as it applies to contracts that
expend funds appropriated to the Department of State, and that would
go to persons who comply with the Arab League Boycott of Israel, or
who discriminate in the award of subcontracts on the basis of
religion.


2. In accordance with the terms of both restrictions, USINT Havana
would be required to avoid contracting with the Cuban government, or
with entities under the control of the Cuban government. However,
the Cuban government requires all diplomatic missions to contract
with one government entity, CUBALSE, for all requirements for
supplies and services. As the sole supplier to the diplomatic
community, there is no option for USINT Havana to seek another
source. CUBALSE writes all the contracts itself and does not accept
contracts written by others, nor will it accept any additional
clauses of any nature by anyone. The Cuban government also severely
restricts the importation of goods and services from outside of
Cuba. Without local suppliers of goods and services, USINT Havana
would be unable to carry out the functions assigned to it as a
diplomatic mission.

FARRAR