Congress: Give the President Discretion to Remove the Cuba Embargo

(Rachel Alpert – Lawfare) With talk of regime change in the background, the Trump administration has turned up pressure on Cuba in recent weeks. This follows recent developments in Venezuela, where the United States captured Nicolás Maduro in January and has since engaged with Delcy Rodríguez by exerting pressure while also relieving certain sanctions. Without congressional action, however, the president is much more constrained in the ability to change sanctions on Cuba than Venezuela. In contrast to Venezuela, where sanctions are a matter of executive discretion based on a national emergency that President Obama originally declared under the International Emergency Economic Powers Act (IEEPA), the legal basis for the Cuba embargo is more complicated. The statutory codification of the Cuba embargo limits U.S. options to change sanctions, even if such changes are aimed at promoting stability and nudging Cuba toward a more democratic future—the goal of the embargo in the first place. Congress should amend these outdated laws that hinder the president’s ability to act quickly in a crisis by increasing the president’s ability to provide sanctions relief when warranted. – Congress: Give the President Discretion to Remove the Cuba Embargo | Lawfare