Connecting as Fast as You Can Click… / Lilianne Ruíz
Lilianne Ruíz, Translator: Unstated
It must seem incredible to have a technology Festival without access to
the Internet. This didn't weaken the perception of breathing fresh air
in Cuba. Metamorphosing, formatting, restarting, because we are getting
old and the speed at which the world moves seems inconsistent with this
sluggish reality.
Although I couldn't sit down and attend all the workshops, because I was
busy with the most important occupation of my life which consists in
following the adventures of my little daughter and other children who
also attended with their parents, still without a doubt I was able to
take advantage of the Festival. I do not even know how to tweet and
perhaps when the day comes that I have a cellphone, so very expensive in
Cuba, someone will have to explain to me how to receive calls. It hurts
me to say it: I am far from accessing the digital version of my life.
Nevertheless, attending the CLICK Festival put me ahead of analog Lili,
and many steps ahead of the formerly terrified Lili… like the one who
was too late to shake hands with Laura Pollán.
And the threats have rained down; the first day an editorial in
Cubadebate.cu demonstrated the criminal mentality that only a Communist
Revolution and a caudillo with truncated ideology could produce in some
people. They have tried to artificially fabricate a state of opinion
where "the people" are shown as outraged about a technology Festival
taking place in Cuba to serve the public, independent of the State,
organized by a resistant Civil Society that aspires to connect the
Island and those of us who live here with the contemporary spirit that
does not passively stand by as the political, financial or religious
power continues to be concentrated in a caste, corporation or State; a
civil society that in many ways pleads that citizens do not have to give
up their freedom before any kind of power, set off by its personal
mystique, the only path to the health and happiness of a society.
There were jeeps with orange license plates (the color of private plates
— trying to look like something they're not) at the entrance to the SATS
space where the Festival was held, with KGB-style men writing and
looking through the windshields at a reality they did not understand or
even pretend to understand. There has been no foreign government
supporting our need to acquire a conscience and freedom, because the
sovereignty and independence of Cuba (to quote from the Cubadebate
editorial) is not in danger from or threatened by a foreign government,
but by a mafioso and criminal family that usurped power in Cuba more
than 50 years ago: beasts, the Antichrist, who never stop lying to
justify their filthy deeds. I repeat myself because this reality is
reiterated in my life.
I had the occasion to met several people I've admired for a long time,
and one in particular who had greatly impressed me, the boy from the
Patriotic Union of Cuba (UNPACU), Ányer Antonio Blanco (in the photo
with me, below). Now 24, he was imprisoned for political reasons in the
Castro regime's cells from the time he was 18 until just this past
January, resisting years of physical and psychological tortures.
He said words to me I will not forget about the inner strength he
believes we all have to resist those who want to destroy and demoralize
us. It has been a long time since I've seen a young man of such
character and so much spiritual strength, he is probably the only one of
his generation who has seen such horror without letting himself give in
before the violence of the criminals from the Ministry of the Interior
(MININT).
Ányer Antonio Blanco and Lilianne Ruíz at the CLICK Festival in Havana
His testimony and that of many others I've met speak of the sadism
practiced in Cuba in the cells by the guards and MININT officials
themselves. I thank God that a brother is alive and well, despite what
he has had to live through at such a young age. These details of the
story of a Cuban citizen, barely a teenager, in political prison have
never been published in Cubadebate. Cubadebate is an organ of the State
dictatorship in Cuba, an extension on the internet of the newspaper
Granma, that appears to be open to dialog and betrays such a great
intolerance and fanatical defense of a political "religion" that no one
in Cuban believes them, though many still fear them.
The quoted Cuban website, run by the most repulsive officialdom, is not
a civil space nor an independent or sovereign one. How dare they?
The festival has been a success, someday this little burst of light that
can connect people around the world will inevitably connect, first of
all, us Cubans who have a lot of mental work to do to cleanse our minds
of so much hatred that our history has cultivated in Cubans, which has
been primarily psychological.
It is always in retrospect that it chills my blood and upsets me to
think of our children running around and amusing themselves in the same
space where State Security boasts of infiltrating it agents, because the
door was closed to no one, and it upsets me.
Brutality destroys the fabric that has taken centuries to bring to light
and materialize in a man and a woman who speak from the heart, without
political or ideological commitment, without commitment to power. This
breed of security agents and dictators will be left behind in what
emerges in the spirit of these times which is freedom with all the risks
that implies, but before descending into hell which they should never
leave, the dictators and their henchmen are disposed to causing damage
and someone should feel the responsibility to stop them.
To exercise our political, cultural, and economic rights scandalizes the
dictators who must be afraid because they did not get power through the
freely expressed will of the citizens whom they call "the people"
betraying this old and dangerous mentality prone to political crimes.
But with a CLICK multiplied in every Cuban, in Cuba as well the Spring
can come.
June 25 2012
http://translatingcuba.com/?p=19439
Tuesday, June 26, 2012
NOTICE OF CANCELLATION OF ADMISSION TO TRADING ON THE LONDON STOCK EXCHANGE - 06-2012
NOTICE OF CANCELLATION OF ADMISSION TO TRADING ON THE LONDON STOCK EXCHANGE
26/06/2012 - 8:00am
The following securities are cancelled from admission to trading on the
LSE with effect from the time and date of this notice.
Banco Central de Cuba
9.50% Bonds due 25/06/2012, fully paid, (Registered in denominations of
EUR100,000, EUR1,000,000, EUR5,000,000 and EUR10,000,000 each)
(B3D3VD6)(CU0048397004)
If you have any queries relating to the above, please contact Market
Operations at the LSE on 020 7797 4310.
http://moneyextra.uk-wire.com/Article.aspx?id=201206260800021061G
26/06/2012 - 8:00am
The following securities are cancelled from admission to trading on the
LSE with effect from the time and date of this notice.
Banco Central de Cuba
9.50% Bonds due 25/06/2012, fully paid, (Registered in denominations of
EUR100,000, EUR1,000,000, EUR5,000,000 and EUR10,000,000 each)
(B3D3VD6)(CU0048397004)
If you have any queries relating to the above, please contact Market
Operations at the LSE on 020 7797 4310.
http://moneyextra.uk-wire.com/Article.aspx?id=201206260800021061G
Cuba: Reason Stands Up to Slander
Cuba: Reason Stands Up to Slander
June 26, 2012
Pedro Campos
HAVANA TIMES — An editorial in the official Cubadebate website linked
the recently concluded "Festival Clic" with the Central Intelligence
Agency (CIA) and the anti-Cuban schemes of US imperialism.
Similarly, the publication is seeking to implicate Havana Times in that
festival and its alleged imperialist plans. It was outright slander for
Cubadebate to write: "It is not by chance that websites such as Havana
Times — which joined in enthusiastically in the call — are being
encouraged by the United States (government)."
They lied twice: Havana Times is not encouraged by the US government and
it did not join in enthusiastically in the call.
Reason Stands Up to Slander
The truth is that Havana Times is a website featuring various positions
that predominate among the diverse Cuban anti-capitalist left. It is
aided and encouraged not by the US, but by a group of young Cuban
rebels, modern cimarrones (maroons), tired of the neo-Stalinist model
imposed on the people of Cuba in the name of socialism and anti-imperialism.
These are people who sincerely want to "change everything that needs to
be changed."
The other fact is that one of its columnists did indeed comment on the
event, but to then generalize that the website "enthusiastically joined
in the call" is a big leap, crude manipulation.
The use of the method of "accusations without proof," more than being
threadbare, lacking transparency and being self-discrediting, it ends up
being irresponsible. This is especially so when Cuban society requires
actions and positions, which — instead of sharpening conflict and
generating violence — encourage contact and dialogue, the "national
unity" that President Raul Castro talks about.
A web site like Cubadebate should, presumably, contribute to the aim of
healthy debate between different positions, to help get all of us out of
this present situation and to peacefully achieve a Cuba "with all and
for the good of all" – which in my opinion can only be socialist,
participatory, democratic and of course inclusive, horizontal and
intercommunicating.
The writers of that editorial should know that, with all its
shortcomings, there are laws in Cuba and that defamation is an offense
that is liable for prosecution; it is punishable. Ignorance of the law
does not excuse its being violated. Impunity might be allowed, but such
abuse is not legitimate.
Those who engage in journalism have a commitment to professional ethics,
objectivity and responsible language. Their website can lose its
credibility with that kind of publishing.
Manipulation of Information
Is the editorial saying that, in Cuba, there are only "their" positions
and those of the right-wing? And note, I'm referring to the editorial
and not to the Cubadebate website.
The officialist side — opposed to dialogue, used to imposing their
positions and accusing anyone who doesn't share their views as serving
imperialism or proposing something they deem to be going against their
interests, and who confuse their notions with revolution — is apparently
attempting to hang the "pro-Yankee" placard both on Havana Times and on
the proactive-critical left, whose ideas they despise. In the absence of
arguments, they spew diatribes.
They know they are demonstrating their Berio-Goebbelian approach to the
manipulation of information. Subjectivity, illegitimacy, Manichaeism and
resistance to change do nothing to help a healthy discussion – unless
they intend a "debate" only between those of the same point of view. A
true debate would open itself up to differences instead of trying to
discredit, isolate or ignore them.
The editorial in Cubadebate joins (and I say "joins" rather than
"differs from") the counter-revolutionary plan that is attempting to
eliminate the socialist alternative represented by the various positions
on the left.
The ideas of democratic self-management that characterize the pages of
Havana Times are not antagonistic to the Cuban Revolution or the process
of the socialization and democratization of the country's economy and
politics – rather, these are trying to advance them.
Reality, my friends of Cubadebate, is much richer, and it serves nothing
to try and cover it up. Not all of the Cuban left thinks like you, and
not all of the all opposition works for imperialism.
I suggest that you get good advice and be careful in dealing with the
issues of security intelligence and counterintelligence; otherwise you
can put your foot in it. Making false accusations is a spurious method,
and many "CIA" operatives have turned out to be "useful idiots" of Cuban
State Security and vice versa.
It's simple: If Yoani Sanchez and other members of the opposition work
for the CIA, as this editorial suggests, ask yourself why State Security
hasn't arrested them and why aren't they being sanctioned.
Either these accusations are false (mud-slinging propaganda), and they
are until they're proven, or it must suit those in power to allow or
encourage these "counterrevolutionary fetishes" – either isolating them
or turning them into political "magnets."
For my part, while the famous blogger lives freely in Cuba, I consider
her an ordinary citizen with full rights – though I don't concur with
her "sui generis capitalism," as I don't concur with any other form of
capitalism.
It seems there are selective "anti-capitalists", ones who see "the
capitalism of imperialism as bad, while mine is good."
Who in Cuba does more to benefit capitalism: the CIA, the opposition, or
those who "enthusiastically" alienate and exploit wage workers in the
name of "socialism"?
To answer this one needs to first consider the relationship between
capitalism and wage labor, which is described and analyzed in The
Manifesto, Capital; Wages, Price and Profit; The Civil War in France and
several other works by Marx.
Yes to the Information Highway
Finally, but no less important, to equate imperialist objectives with
the promotion of information technology in Cuba can only serve the
enemies of the socialization of information, those who seek to
perpetuate the lack of Internet access by the Cuban people so as to
continue violating our right to free information, those who use
imperialism to justify their anti-democratic policies. Enough with the lies.
What hurts and hinders socialism in Cuba is not the Internet, but its
absence. Technology doesn't have surnames. It is neither capitalist nor
socialist. In any case it is the work of intellectual and manual
workers, and it serves those who use it best to serve their interests.
If the Cuban Revolution collapses, it will not be because of the
Internet or the actions of imperialism.
Fidel said it best: It will be because of the inability of
revolutionaries themselves to fight corruption and bureaucracy, to
defend ourselves from our own mistakes. Internet would be a strategic
weapon, an unequalled one in that struggle. The fact that people have no
access to it favors only those who are corrupt and the bureaucrats.
Obviously much of this struggle urged by Fidel appears in Havana Times,
but little in Cubadebate.
I ask Cubadebate, and the other websites that published the "editorial,"
to also publish this article.
—–
To contact Pedro Campos, write: perucho1949@yahoo.es
http://www.havanatimes.org/?p=73131
June 26, 2012
Pedro Campos
HAVANA TIMES — An editorial in the official Cubadebate website linked
the recently concluded "Festival Clic" with the Central Intelligence
Agency (CIA) and the anti-Cuban schemes of US imperialism.
Similarly, the publication is seeking to implicate Havana Times in that
festival and its alleged imperialist plans. It was outright slander for
Cubadebate to write: "It is not by chance that websites such as Havana
Times — which joined in enthusiastically in the call — are being
encouraged by the United States (government)."
They lied twice: Havana Times is not encouraged by the US government and
it did not join in enthusiastically in the call.
Reason Stands Up to Slander
The truth is that Havana Times is a website featuring various positions
that predominate among the diverse Cuban anti-capitalist left. It is
aided and encouraged not by the US, but by a group of young Cuban
rebels, modern cimarrones (maroons), tired of the neo-Stalinist model
imposed on the people of Cuba in the name of socialism and anti-imperialism.
These are people who sincerely want to "change everything that needs to
be changed."
The other fact is that one of its columnists did indeed comment on the
event, but to then generalize that the website "enthusiastically joined
in the call" is a big leap, crude manipulation.
The use of the method of "accusations without proof," more than being
threadbare, lacking transparency and being self-discrediting, it ends up
being irresponsible. This is especially so when Cuban society requires
actions and positions, which — instead of sharpening conflict and
generating violence — encourage contact and dialogue, the "national
unity" that President Raul Castro talks about.
A web site like Cubadebate should, presumably, contribute to the aim of
healthy debate between different positions, to help get all of us out of
this present situation and to peacefully achieve a Cuba "with all and
for the good of all" – which in my opinion can only be socialist,
participatory, democratic and of course inclusive, horizontal and
intercommunicating.
The writers of that editorial should know that, with all its
shortcomings, there are laws in Cuba and that defamation is an offense
that is liable for prosecution; it is punishable. Ignorance of the law
does not excuse its being violated. Impunity might be allowed, but such
abuse is not legitimate.
Those who engage in journalism have a commitment to professional ethics,
objectivity and responsible language. Their website can lose its
credibility with that kind of publishing.
Manipulation of Information
Is the editorial saying that, in Cuba, there are only "their" positions
and those of the right-wing? And note, I'm referring to the editorial
and not to the Cubadebate website.
The officialist side — opposed to dialogue, used to imposing their
positions and accusing anyone who doesn't share their views as serving
imperialism or proposing something they deem to be going against their
interests, and who confuse their notions with revolution — is apparently
attempting to hang the "pro-Yankee" placard both on Havana Times and on
the proactive-critical left, whose ideas they despise. In the absence of
arguments, they spew diatribes.
They know they are demonstrating their Berio-Goebbelian approach to the
manipulation of information. Subjectivity, illegitimacy, Manichaeism and
resistance to change do nothing to help a healthy discussion – unless
they intend a "debate" only between those of the same point of view. A
true debate would open itself up to differences instead of trying to
discredit, isolate or ignore them.
The editorial in Cubadebate joins (and I say "joins" rather than
"differs from") the counter-revolutionary plan that is attempting to
eliminate the socialist alternative represented by the various positions
on the left.
The ideas of democratic self-management that characterize the pages of
Havana Times are not antagonistic to the Cuban Revolution or the process
of the socialization and democratization of the country's economy and
politics – rather, these are trying to advance them.
Reality, my friends of Cubadebate, is much richer, and it serves nothing
to try and cover it up. Not all of the Cuban left thinks like you, and
not all of the all opposition works for imperialism.
I suggest that you get good advice and be careful in dealing with the
issues of security intelligence and counterintelligence; otherwise you
can put your foot in it. Making false accusations is a spurious method,
and many "CIA" operatives have turned out to be "useful idiots" of Cuban
State Security and vice versa.
It's simple: If Yoani Sanchez and other members of the opposition work
for the CIA, as this editorial suggests, ask yourself why State Security
hasn't arrested them and why aren't they being sanctioned.
Either these accusations are false (mud-slinging propaganda), and they
are until they're proven, or it must suit those in power to allow or
encourage these "counterrevolutionary fetishes" – either isolating them
or turning them into political "magnets."
For my part, while the famous blogger lives freely in Cuba, I consider
her an ordinary citizen with full rights – though I don't concur with
her "sui generis capitalism," as I don't concur with any other form of
capitalism.
It seems there are selective "anti-capitalists", ones who see "the
capitalism of imperialism as bad, while mine is good."
Who in Cuba does more to benefit capitalism: the CIA, the opposition, or
those who "enthusiastically" alienate and exploit wage workers in the
name of "socialism"?
To answer this one needs to first consider the relationship between
capitalism and wage labor, which is described and analyzed in The
Manifesto, Capital; Wages, Price and Profit; The Civil War in France and
several other works by Marx.
Yes to the Information Highway
Finally, but no less important, to equate imperialist objectives with
the promotion of information technology in Cuba can only serve the
enemies of the socialization of information, those who seek to
perpetuate the lack of Internet access by the Cuban people so as to
continue violating our right to free information, those who use
imperialism to justify their anti-democratic policies. Enough with the lies.
What hurts and hinders socialism in Cuba is not the Internet, but its
absence. Technology doesn't have surnames. It is neither capitalist nor
socialist. In any case it is the work of intellectual and manual
workers, and it serves those who use it best to serve their interests.
If the Cuban Revolution collapses, it will not be because of the
Internet or the actions of imperialism.
Fidel said it best: It will be because of the inability of
revolutionaries themselves to fight corruption and bureaucracy, to
defend ourselves from our own mistakes. Internet would be a strategic
weapon, an unequalled one in that struggle. The fact that people have no
access to it favors only those who are corrupt and the bureaucrats.
Obviously much of this struggle urged by Fidel appears in Havana Times,
but little in Cubadebate.
I ask Cubadebate, and the other websites that published the "editorial,"
to also publish this article.
—–
To contact Pedro Campos, write: perucho1949@yahoo.es
http://www.havanatimes.org/?p=73131
Miami federal judge blocks new Florida anti-Cuba law from taking effect
Posted on Monday, 06.25.12
Florida politics
Miami federal judge blocks new Florida anti-Cuba law from taking effect
A federal judge ruled against a law banning governments from awarding
contracts to companies whose affiliates work in Cuba. Gov. Rick Scott
had caused an uproar when he signed the law in Miami but warned it was
likely unenforceable.
BY PATRICIA MAZZEI
pmazzei@MiamiHerald.com
A Miami federal judge on Monday blocked Florida from enforcing a new
state law that prohibits governments from hiring companies with business
ties to Cuba.
A temporary injunction, ordered by U.S. District Judge K. Michael Moore,
prevents the law from taking effect on Sunday as scheduled. And it deals
a blow to the politicians who backed the legislation, which was
sponsored by Miami-Dade lawmakers, approved by a near-unanimous majority
of the Legislature and signed by Gov. Rick Scott.
After an hour-long hearing late Monday, Moore ruled from the bench in
favor of Odebrecht Construction, the Coral Gables-based subsidiary of a
Brazilian engineering and construction giant.
"It's not as if there isn't some precedent there and there hasn't been a
run at this effort in the past," the judge said, referring to previous
failed legislative efforts to make it difficult to conduct business with
Cuba.
Odebrecht USA sued the Florida Department of Transportation earlier this
month over the new law, which would ban state and local government
agencies from awarding future contracts worth at least $1 million to
U.S. firms whose foreign-owned parent companies or affiliates conduct
business in Cuba or Syria. A subsidiary of Odebrecht USA's parent
company is expanding the Cuban Port of Mariel.
Odebrecht said the state law would prevent it from bidding on $3.4
billion in FDOT contracts this year, and that the company had already
suffered "irreparable harm" because the law spooked potential business
partners and employees.
Though the judge's order was directed at FDOT, it is highly unlikely
that any other state or local government agency would try to enforce the
law while the injunction is in place.
The judge agreed with Odebrecht's contention that the law conflicts with
the federal government's power to set foreign policy. The state, Moore
said, would "inject itself into foreign affairs matters, which are
traditionally under the prerogative of the executive branch."
Moore's ruling, while temporary, foreshadows that he is likely to issue
a permanent decision that the law is unenforceable. The judge wrote in
his order that Odebrecht "has demonstrated a substantial likelihood of
success with respect to its claims." He did not set a new hearing date,
and told the parties to work out a resolution.
In a statement, Odebrecht USA, which has been involved in some of South
Florida's most visible projects, including the Adrienne Arsht Center for
the Performing Arts and AmericanAirlines Arena, said it was "very
gratified" by Moore's ruling.
"We are extremely proud of our 21-year track record of performance and
community involvement in Miami-Dade County and throughout Florida," the
company said.
"We will continue to defend our right to serve the state of Florida and
its local governments, and remain fully committed to complying with all
local, state and federal law, and dedicated to working with our partners
to provide outstanding service to each of our clients."
FDOT's attorney, Paul J. Martin, had argued that the state is allowed to
set parameters for how to spend public money. He also made a complicated
argument that the state law does not run afoul of federal law because
the Florida statute does not allow anything that U.S. law prohibits.
But Moore turned that argument on its head and noted that the state law
prohibits something the federal law allows: American companies to bid on
public contracts even if they are affiliated with companies doing work
in Cuba.
Monday's ruling allows Odebrecht to continue operating as it has been,
including negotiating with the Miami-Dade Aviation Department to develop
Airport City, a project that would bring hotels, office and retail to
Miami International Airport. The project has stalled because county
commissioners, objecting to Odebrecht's Cuba connection, were wary of
giving the firm another contract.
It is unclear how many other companies would be affected by the law in
addition to Odebrecht, the law's chief target.
The legislation, sponsored by two Republicans, state Rep. Michael Bileca
of Miami and Sen. Rene Garcia of Hialeah, drew little attention during
the annual lawmaking session earlier this year in Tallahassee. But after
it was approved, the Miami-Dade county attorney opined the law was
unenforceable. And business interests, including the Florida Chamber of
Commerce and the governments of Brazil and Canada, Florida's top two
trading partners, raised concerns that the law could slow foreign
investment in the state.
When Scott, the Republican, pro-business governor, traveled to Miami's
Freedom Tower to sign the law, he stirred controversy among
Cuban-American lawmakers by issuing a statement shortly afterward
suggesting the law was unconstitutional and could not be enforced
without federal action. He later backed away from that stance and said
his administration would defend the law against a likely legal challenge.
Still, one of Odebrecht's attorneys, James E. Moye, cited the governor's
signing statement as proof that the state knew the law is
unconstitutional. While the federal government allows states to withhold
public contracts from certain "scrutinized" companies that work in Iran
and Sudan, it does not authorize them to do the same with the two other
countries considered sponsors of terrorism, Cuba and Syria.
From the beginning of the hearing, Judge Moore hinted at how he would
rule in the case. He asked FDOT's attorney to speak first — even though
Odebrecht had filed the motion for the preliminary injunction — and
peppered him with questions.
Martin cited a 2006 Florida law prohibiting state colleges and
universities from using public funds to pay for travel to Cuba or other
states sponsors of terrorism. That law was upheld by a federal appellate
court, and the U.S. Supreme Court declined to take up the case on Monday.
But Moore said that case, which originated at Florida International
University, applied only narrowly to academic travel and other
educational purposes. He sided instead with Odebrecht's Moye, who cited
three other federal cases as precedent.
In 2000, the U.S. Supreme Court struck down a Massachusetts law
restricting businesses in the state from working with companies tied to
Myanmar. The same year, a federal judge overturned Miami-Dade County's
requirement that companies certify that they did not work in Cuba. And
in 2009, another federal judge ruled against a 2008 Florida law setting
increased fees and bonds for travel agencies specializing in trips to Cuba.
Garcia, the legislation's Senate sponsor, learned of the judge's ruling
from a Miami Herald reporter and said he was "very disappointed" —
particularly because the U.S. Supreme Court allowed the law in the FIU
case to stand.
"When we talk about education, that's about [restricting] public
dollars," he said. "I don't see any difference between that and what the
Cuba and Syria bill is doing."
http://www.miamiherald.com/2012/06/25/v-fullstory/2867901/miami-federal-judge-blocks-new.html
Florida politics
Miami federal judge blocks new Florida anti-Cuba law from taking effect
A federal judge ruled against a law banning governments from awarding
contracts to companies whose affiliates work in Cuba. Gov. Rick Scott
had caused an uproar when he signed the law in Miami but warned it was
likely unenforceable.
BY PATRICIA MAZZEI
pmazzei@MiamiHerald.com
A Miami federal judge on Monday blocked Florida from enforcing a new
state law that prohibits governments from hiring companies with business
ties to Cuba.
A temporary injunction, ordered by U.S. District Judge K. Michael Moore,
prevents the law from taking effect on Sunday as scheduled. And it deals
a blow to the politicians who backed the legislation, which was
sponsored by Miami-Dade lawmakers, approved by a near-unanimous majority
of the Legislature and signed by Gov. Rick Scott.
After an hour-long hearing late Monday, Moore ruled from the bench in
favor of Odebrecht Construction, the Coral Gables-based subsidiary of a
Brazilian engineering and construction giant.
"It's not as if there isn't some precedent there and there hasn't been a
run at this effort in the past," the judge said, referring to previous
failed legislative efforts to make it difficult to conduct business with
Cuba.
Odebrecht USA sued the Florida Department of Transportation earlier this
month over the new law, which would ban state and local government
agencies from awarding future contracts worth at least $1 million to
U.S. firms whose foreign-owned parent companies or affiliates conduct
business in Cuba or Syria. A subsidiary of Odebrecht USA's parent
company is expanding the Cuban Port of Mariel.
Odebrecht said the state law would prevent it from bidding on $3.4
billion in FDOT contracts this year, and that the company had already
suffered "irreparable harm" because the law spooked potential business
partners and employees.
Though the judge's order was directed at FDOT, it is highly unlikely
that any other state or local government agency would try to enforce the
law while the injunction is in place.
The judge agreed with Odebrecht's contention that the law conflicts with
the federal government's power to set foreign policy. The state, Moore
said, would "inject itself into foreign affairs matters, which are
traditionally under the prerogative of the executive branch."
Moore's ruling, while temporary, foreshadows that he is likely to issue
a permanent decision that the law is unenforceable. The judge wrote in
his order that Odebrecht "has demonstrated a substantial likelihood of
success with respect to its claims." He did not set a new hearing date,
and told the parties to work out a resolution.
In a statement, Odebrecht USA, which has been involved in some of South
Florida's most visible projects, including the Adrienne Arsht Center for
the Performing Arts and AmericanAirlines Arena, said it was "very
gratified" by Moore's ruling.
"We are extremely proud of our 21-year track record of performance and
community involvement in Miami-Dade County and throughout Florida," the
company said.
"We will continue to defend our right to serve the state of Florida and
its local governments, and remain fully committed to complying with all
local, state and federal law, and dedicated to working with our partners
to provide outstanding service to each of our clients."
FDOT's attorney, Paul J. Martin, had argued that the state is allowed to
set parameters for how to spend public money. He also made a complicated
argument that the state law does not run afoul of federal law because
the Florida statute does not allow anything that U.S. law prohibits.
But Moore turned that argument on its head and noted that the state law
prohibits something the federal law allows: American companies to bid on
public contracts even if they are affiliated with companies doing work
in Cuba.
Monday's ruling allows Odebrecht to continue operating as it has been,
including negotiating with the Miami-Dade Aviation Department to develop
Airport City, a project that would bring hotels, office and retail to
Miami International Airport. The project has stalled because county
commissioners, objecting to Odebrecht's Cuba connection, were wary of
giving the firm another contract.
It is unclear how many other companies would be affected by the law in
addition to Odebrecht, the law's chief target.
The legislation, sponsored by two Republicans, state Rep. Michael Bileca
of Miami and Sen. Rene Garcia of Hialeah, drew little attention during
the annual lawmaking session earlier this year in Tallahassee. But after
it was approved, the Miami-Dade county attorney opined the law was
unenforceable. And business interests, including the Florida Chamber of
Commerce and the governments of Brazil and Canada, Florida's top two
trading partners, raised concerns that the law could slow foreign
investment in the state.
When Scott, the Republican, pro-business governor, traveled to Miami's
Freedom Tower to sign the law, he stirred controversy among
Cuban-American lawmakers by issuing a statement shortly afterward
suggesting the law was unconstitutional and could not be enforced
without federal action. He later backed away from that stance and said
his administration would defend the law against a likely legal challenge.
Still, one of Odebrecht's attorneys, James E. Moye, cited the governor's
signing statement as proof that the state knew the law is
unconstitutional. While the federal government allows states to withhold
public contracts from certain "scrutinized" companies that work in Iran
and Sudan, it does not authorize them to do the same with the two other
countries considered sponsors of terrorism, Cuba and Syria.
From the beginning of the hearing, Judge Moore hinted at how he would
rule in the case. He asked FDOT's attorney to speak first — even though
Odebrecht had filed the motion for the preliminary injunction — and
peppered him with questions.
Martin cited a 2006 Florida law prohibiting state colleges and
universities from using public funds to pay for travel to Cuba or other
states sponsors of terrorism. That law was upheld by a federal appellate
court, and the U.S. Supreme Court declined to take up the case on Monday.
But Moore said that case, which originated at Florida International
University, applied only narrowly to academic travel and other
educational purposes. He sided instead with Odebrecht's Moye, who cited
three other federal cases as precedent.
In 2000, the U.S. Supreme Court struck down a Massachusetts law
restricting businesses in the state from working with companies tied to
Myanmar. The same year, a federal judge overturned Miami-Dade County's
requirement that companies certify that they did not work in Cuba. And
in 2009, another federal judge ruled against a 2008 Florida law setting
increased fees and bonds for travel agencies specializing in trips to Cuba.
Garcia, the legislation's Senate sponsor, learned of the judge's ruling
from a Miami Herald reporter and said he was "very disappointed" —
particularly because the U.S. Supreme Court allowed the law in the FIU
case to stand.
"When we talk about education, that's about [restricting] public
dollars," he said. "I don't see any difference between that and what the
Cuba and Syria bill is doing."
http://www.miamiherald.com/2012/06/25/v-fullstory/2867901/miami-federal-judge-blocks-new.html
U.S. tries to expand flow of information to and from Cuba
Posted on Monday, 06.25.12
U.S. tries to expand flow of information to and from Cuba
The State Department has increased funding for the technology component
of Cuba democracy programs in a bid to get more uncensored information
into and out of the island.
By Juan O. Tamayo
jtamayo@ElNuevoHerald.com
The U.S. State Department is increasing funding for the technology side
of its Cuba democracy programs in hopes of expanding the flow of
uncensored information, despite the Castro government's long-standing
objections.
"In spirit and in money, there's an uptick" in spending for technology
to increase information flows, said Mark Lopes, deputy assistant
administrator for Latin American and the Caribbean at the U.S. Agency
for International Development.
But Lopes added that it is difficult to quantify the year-to-year
increase in technology funding because of the multi-year nature of the
programs, which have a total of $20 million to spend in the fiscal year
that ends Sept. 30.
Secretary of State Hillary Clinton has spearheaded a campaign to support
global Internet freedom in order to overcome efforts by dictatorships to
control information and accelerate "political, social and economic change."
"From sports scores to international headlines, the Cuban people should
be able to pursue their thirst for uncensored information like any other
citizen in the Americas. This is fundamental, and we are committed to
help however we can," Lopes said.
Cuba has outlawed the democracy programs as "subversive," and U.S.
government subcontractor Alan Gross is serving a 15-year prison term for
delivering three unregistered satellite phones to the island's Jewish
community.
El Nuevo Herald obtained a copy of a letter from the U.S. State
Department to Congress, dated April 26, that details how the department
intends to spend the $20 million in Cuba democracy program funds.
The biggest single block of money is the $4 million that USAID's Bureau
of Latin America and the Caribbean will spend on a "digital democracy"
program to encourage the use of "innovative technology to increase the
flow of uncensored information to, from and within the island," noted
the letter.
It gave no further details on the "digital democracy" program, and Lopes
declined to provide them. Such details are usually not made public to
protect the programs from Cuban bids to torpedo them.
To avoid another Alan Gross-type incident, the program will avoid
sophisticated equipment like satellite phones and use only items
available on the island like computers, DVDs, thumb drives and
cellphones, said a knowledgeable congressional staffer.
The letter also listed the following pro-democracy programs:• A $1.53
million allocation to the State Department's Western Hemisphere Affairs
section for a program to increase Cubans' access to uncensored
information through "long-distance training on basic information
technology skills."
Funds also "will support the purchase of basic information technology
supplies and provide material support for human rights activities,
independent journalists and independent libraries on the island."
• A $1.05 million allocation to State's Bureau of Democracy, Human
Rights and Labor to provide training, equipment and software to
activists who gather information on human rights abuses, and $750,000
for "technology-based training" on the use of social media to tackle
issues such as human rights, impunity and corruption.
The bureau also will administer $700,000 for each of two programs — one
for youths that include "innovative uses of technology such as social
media," and another to educate Cubans on market economies and their
impact on democracy.
• USAID's Bureau of Latin America and the Caribbean will administer
$500,000 to support "research on technology options for expanding
communications" among Cubans and Internet connectivity as part of a
program titled "The Application of Technology in Democracy Promotion."
A key issue not detailed by Lopes or addressed in the letter is how the
U.S. programs can increase technology use in Cuba, which has the lowest
Internet access rate in Latin America and a tough national security
system that tries to control all communications.
Also listed in the letter are $2.9 million for food, over-the-counter
medicines and other humanitarian support for political prisoners,
relatives and other "politically marginalized persons'' and $4 million
to the National Endowment for Democracy, a Washington nonprofit that
promotes democracy around the world.
The State Department noted that it will spend $2.87 million out of the
$20 million to manage the Cuba programs, which tend to generate a high
volume of paperwork compared to other U.S. foreign aid programs.
http://www.miamiherald.com/2012/06/24/2867817/us-government-increases-funding.html
U.S. tries to expand flow of information to and from Cuba
The State Department has increased funding for the technology component
of Cuba democracy programs in a bid to get more uncensored information
into and out of the island.
By Juan O. Tamayo
jtamayo@ElNuevoHerald.com
The U.S. State Department is increasing funding for the technology side
of its Cuba democracy programs in hopes of expanding the flow of
uncensored information, despite the Castro government's long-standing
objections.
"In spirit and in money, there's an uptick" in spending for technology
to increase information flows, said Mark Lopes, deputy assistant
administrator for Latin American and the Caribbean at the U.S. Agency
for International Development.
But Lopes added that it is difficult to quantify the year-to-year
increase in technology funding because of the multi-year nature of the
programs, which have a total of $20 million to spend in the fiscal year
that ends Sept. 30.
Secretary of State Hillary Clinton has spearheaded a campaign to support
global Internet freedom in order to overcome efforts by dictatorships to
control information and accelerate "political, social and economic change."
"From sports scores to international headlines, the Cuban people should
be able to pursue their thirst for uncensored information like any other
citizen in the Americas. This is fundamental, and we are committed to
help however we can," Lopes said.
Cuba has outlawed the democracy programs as "subversive," and U.S.
government subcontractor Alan Gross is serving a 15-year prison term for
delivering three unregistered satellite phones to the island's Jewish
community.
El Nuevo Herald obtained a copy of a letter from the U.S. State
Department to Congress, dated April 26, that details how the department
intends to spend the $20 million in Cuba democracy program funds.
The biggest single block of money is the $4 million that USAID's Bureau
of Latin America and the Caribbean will spend on a "digital democracy"
program to encourage the use of "innovative technology to increase the
flow of uncensored information to, from and within the island," noted
the letter.
It gave no further details on the "digital democracy" program, and Lopes
declined to provide them. Such details are usually not made public to
protect the programs from Cuban bids to torpedo them.
To avoid another Alan Gross-type incident, the program will avoid
sophisticated equipment like satellite phones and use only items
available on the island like computers, DVDs, thumb drives and
cellphones, said a knowledgeable congressional staffer.
The letter also listed the following pro-democracy programs:• A $1.53
million allocation to the State Department's Western Hemisphere Affairs
section for a program to increase Cubans' access to uncensored
information through "long-distance training on basic information
technology skills."
Funds also "will support the purchase of basic information technology
supplies and provide material support for human rights activities,
independent journalists and independent libraries on the island."
• A $1.05 million allocation to State's Bureau of Democracy, Human
Rights and Labor to provide training, equipment and software to
activists who gather information on human rights abuses, and $750,000
for "technology-based training" on the use of social media to tackle
issues such as human rights, impunity and corruption.
The bureau also will administer $700,000 for each of two programs — one
for youths that include "innovative uses of technology such as social
media," and another to educate Cubans on market economies and their
impact on democracy.
• USAID's Bureau of Latin America and the Caribbean will administer
$500,000 to support "research on technology options for expanding
communications" among Cubans and Internet connectivity as part of a
program titled "The Application of Technology in Democracy Promotion."
A key issue not detailed by Lopes or addressed in the letter is how the
U.S. programs can increase technology use in Cuba, which has the lowest
Internet access rate in Latin America and a tough national security
system that tries to control all communications.
Also listed in the letter are $2.9 million for food, over-the-counter
medicines and other humanitarian support for political prisoners,
relatives and other "politically marginalized persons'' and $4 million
to the National Endowment for Democracy, a Washington nonprofit that
promotes democracy around the world.
The State Department noted that it will spend $2.87 million out of the
$20 million to manage the Cuba programs, which tend to generate a high
volume of paperwork compared to other U.S. foreign aid programs.
http://www.miamiherald.com/2012/06/24/2867817/us-government-increases-funding.html
High court lets Cuba travel ban for professors stand for professors
Posted on Monday, 06.25.12
Cuba travel
High court lets Cuba travel ban for professors stand for professors
A controversial Florida law aimed at barring travel by research
professors to Cuba and other countries stays in place, after the U.S.
Supreme Court declined to take up the case.
By Mary Ellen Klas
Herald/Times Tallahassee Bureau
TALLAHASSEE -- The U.S. Supreme Court on Monday left intact a
controversial Florida law that restricts state colleges and universities
from traveling to Cuba and other "terrorist states," despite indications
last year that the court would consider a review.
Amid the flurry of rulings from the high court on Monday was a denial of
review of Florida's "Travel to Terrorist States Act." The action
effectively lets stand a lower court ruling upholding the 2006 law,
which bars public schools and universities from using state money for
travel to countries such as Cuba, Iran, Sudan, Syria and other nations
considered "sponsors of terrorism."
The court decision not to hear the case deals a "devastating blow" to
Florida universities, said Howard Simon, head of the Florida chapter of
the American Civil Liberties Union. The ACLU challenged the law, along
with faculty at Florida International University, the University of
South Florida and the University of Florida. Simon predicted the law
will lead to an exodus of faculty and research dollars from Florida schools.
"The research is not going to end. It will just be done by universities
elsewhere outside of Florida,'' Simon said. "It will keep us in an
enforced state of ignorance."
U.S. Rep. David Rivera, a Miami Republican who sponsored the law when he
was in the state Legislature, commended the court's action, saying it
was "a victory for Florida taxpayers" who "do not want their money or
publicly funded resources to be utilized for travel to terrorist
nations, or to enrich terrorist regimes."
Simon, however, said the premise of the law is flawed, saying the
research doesn't aid the terrorist countries and helps the U.S.
"It's not a giveaway to Cuba if we study the country's economy, weather
patterns and political conditions,'' he said. "We benefit by knowing
more. We don't benefit by forced ignorance."
The law was first ruled unconstitutional in 2008 by U.S. District Judge
Patricia Seitz, who declared it "an impermissible sanction" that served
"as an obstacle to the objectives of the federal government."
The ruling was appealed by then-Gov. Charlie Crist and former Attorney
General Bill McCollum, and the lower court ruling was overturned.
The appeals court found that Florida's "traditional state interest in
managing its own spending and the scope of its academic programs was
sufficient to overcome some indistinct desire on the part of the
executive branch or Congress to encourage generally academic travel."
In March 2011, the ACLU and university professors asked the U.S. Supreme
Court to review the case, and the high court asked the U.S. Department
of Justice to prepare a brief on the issue. But the justices chose not
to call for a hearing on the case, ending the appeal.
Mary Ellen Klas can be reached at meklas@MiamiHerald.com and on Twitter
@MaryEllenKlas
http://www.miamiherald.com/2012/06/25/2867866/high-court-lets-cuba-travel-ban.html
Cuba travel
High court lets Cuba travel ban for professors stand for professors
A controversial Florida law aimed at barring travel by research
professors to Cuba and other countries stays in place, after the U.S.
Supreme Court declined to take up the case.
By Mary Ellen Klas
Herald/Times Tallahassee Bureau
TALLAHASSEE -- The U.S. Supreme Court on Monday left intact a
controversial Florida law that restricts state colleges and universities
from traveling to Cuba and other "terrorist states," despite indications
last year that the court would consider a review.
Amid the flurry of rulings from the high court on Monday was a denial of
review of Florida's "Travel to Terrorist States Act." The action
effectively lets stand a lower court ruling upholding the 2006 law,
which bars public schools and universities from using state money for
travel to countries such as Cuba, Iran, Sudan, Syria and other nations
considered "sponsors of terrorism."
The court decision not to hear the case deals a "devastating blow" to
Florida universities, said Howard Simon, head of the Florida chapter of
the American Civil Liberties Union. The ACLU challenged the law, along
with faculty at Florida International University, the University of
South Florida and the University of Florida. Simon predicted the law
will lead to an exodus of faculty and research dollars from Florida schools.
"The research is not going to end. It will just be done by universities
elsewhere outside of Florida,'' Simon said. "It will keep us in an
enforced state of ignorance."
U.S. Rep. David Rivera, a Miami Republican who sponsored the law when he
was in the state Legislature, commended the court's action, saying it
was "a victory for Florida taxpayers" who "do not want their money or
publicly funded resources to be utilized for travel to terrorist
nations, or to enrich terrorist regimes."
Simon, however, said the premise of the law is flawed, saying the
research doesn't aid the terrorist countries and helps the U.S.
"It's not a giveaway to Cuba if we study the country's economy, weather
patterns and political conditions,'' he said. "We benefit by knowing
more. We don't benefit by forced ignorance."
The law was first ruled unconstitutional in 2008 by U.S. District Judge
Patricia Seitz, who declared it "an impermissible sanction" that served
"as an obstacle to the objectives of the federal government."
The ruling was appealed by then-Gov. Charlie Crist and former Attorney
General Bill McCollum, and the lower court ruling was overturned.
The appeals court found that Florida's "traditional state interest in
managing its own spending and the scope of its academic programs was
sufficient to overcome some indistinct desire on the part of the
executive branch or Congress to encourage generally academic travel."
In March 2011, the ACLU and university professors asked the U.S. Supreme
Court to review the case, and the high court asked the U.S. Department
of Justice to prepare a brief on the issue. But the justices chose not
to call for a hearing on the case, ending the appeal.
Mary Ellen Klas can be reached at meklas@MiamiHerald.com and on Twitter
@MaryEllenKlas
http://www.miamiherald.com/2012/06/25/2867866/high-court-lets-cuba-travel-ban.html
Freed Cuban spy wants to serve probation in Cuba
Posted on Tuesday, 06.26.12
Freed Cuban spy wants to serve probation in Cuba
The Associated Press
MIAMI -- A convicted Cuban spy who finished his U.S. prison time is
again asking a federal judge to allow him to return to Cuba to serve
probation.
The attorney for Rene Gonzalez says in recent court papers that he has
complied with all probation requirements since his October release from
prison. Gonzalez served about 13 years for his role in a ring that
prosecutors say spied on Cuban exiles and tried to infiltrate military
bases and political bases.
Gonzalez and four others still imprisoned are known as the "Cuban Five"
and celebrated as heroes in Cuba.
Gonzalez has served about eight months of his three years' probation.
His attorney says he wants to return to resume a normal life and be
close to his wife and daughters.
http://www.miamiherald.com/2012/06/26/2868224/freed-cuban-spy-wants-to-serve.html
Freed Cuban spy wants to serve probation in Cuba
The Associated Press
MIAMI -- A convicted Cuban spy who finished his U.S. prison time is
again asking a federal judge to allow him to return to Cuba to serve
probation.
The attorney for Rene Gonzalez says in recent court papers that he has
complied with all probation requirements since his October release from
prison. Gonzalez served about 13 years for his role in a ring that
prosecutors say spied on Cuban exiles and tried to infiltrate military
bases and political bases.
Gonzalez and four others still imprisoned are known as the "Cuban Five"
and celebrated as heroes in Cuba.
Gonzalez has served about eight months of his three years' probation.
His attorney says he wants to return to resume a normal life and be
close to his wife and daughters.
http://www.miamiherald.com/2012/06/26/2868224/freed-cuban-spy-wants-to-serve.html
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