National Security Presidential Memorandum/NSPM-5

Action Summary

  • Purpose:
    • Advance freedom, democracy, and human rights in Cuba by channeling support directly to Cuban citizens.
    • Condemn the suppression of free expression, arbitrary detention, and human rights abuses under Cuba’s Communist regime.
    • Realign U.S. policy to promote a stable, prosperous, and free society for the Cuban people.
  • Policy Objectives:
    • End economic practices that benefit the Cuban government (especially its military, intelligence, and security sectors) at the expense of its people.
    • Ensure strict adherence to the statutory ban on tourism to Cuba, limiting travel primarily to educational or sanctioned purposes.
    • Support the existing economic embargo under the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 and oppose international efforts to lift it.
    • Enhance support for the Cuban people by expanding internet access, free press, free enterprise, and lawful travel.
    • Reaffirm that the “Wet Foot, Dry Foot” policy will not be reinstated.
    • Ensure bilateral engagement advances U.S. national security, public health, safety, and economic interests while promoting human rights and private sector growth in Cuba.
  • Implementation Measures:
    • Regulatory Adjustments:
      • The Treasury, Commerce, State, and Transportation Secretaries to adjust regulations on financial transactions with Cuba, including publishing banned entities linked to the Cuban regime.
      • Regulations to be refined for educational and permissible travel, including record-keeping requirements and agency enforcement reviews.
    • Audits and Reporting:
      • The Treasury will conduct regular audits of travel compliance and adjust definitions for “prohibited officials” to include high-ranking Cuban government figures.
      • Mandated reports from the State, Attorney General, and relevant agencies on transition government criteria, human rights abuses, and fugitive cases.
      • An annual interagency report to the President ensuring U.S.-Cuba engagement aligns with outlined policies.
    • Additional Actions:
      • Opposition to international efforts to lift the embargo until a transition government in Cuba is established.
      • Formation of a task force to address technological challenges and opportunities for expanding internet freedom in Cuba.
      • Continued measures to deter dangerous and unlawful migration between Cuba and the United States.
  • Earlier Presidential Actions:
    • Amends and reissues the 2017 National Security Presidential Memorandum 5 on U.S. policy toward Cuba.
    • Supersedes previous directives (NSPD-52 and PPD-43) without altering earlier executive actions on related matters.
  • General Provisions:
    • Implementation remains subject to existing legal authorities and appropriations.
    • The memorandum does not create enforceable rights for any party against the U.S. government.
    • The Secretary of State is directed to publish the memorandum in the Federal Register.

Risks & Considerations

  • The memorandum’s emphasis on restricting financial transactions and travel to Cuba could impact Vanderbilt University’s study abroad programs or research collaborations that involve Cuba. This may limit opportunities for students and faculty to engage in educational and cultural exchanges.
  • Changes in regulations regarding educational travel to Cuba may require Vanderbilt to reassess its compliance with federal guidelines, potentially affecting programs that involve travel to Cuba for research or educational purposes.
  • The focus on supporting free enterprise and internet access in Cuba could present opportunities for Vanderbilt to engage in research or partnerships aimed at fostering technological and economic development in the region.
  • Vanderbilt’s involvement in international research or humanitarian efforts in Cuba may be affected by the memorandum’s policies, necessitating careful navigation of legal and regulatory requirements.

Impacted Programs

  • Vanderbilt’s Study Abroad Office may need to review and potentially adjust its programs to ensure compliance with new travel regulations to Cuba.
  • The Center for Latin American Studies could see changes in its research focus or funding opportunities related to Cuba, particularly in areas of human rights, democracy, and economic development.
  • Vanderbilt’s International Legal Studies Program might explore new avenues for research and advocacy in response to the memorandum’s emphasis on human rights and legal reforms in Cuba.

Financial Impact

  • Restrictions on financial transactions with Cuban entities could affect any existing or planned financial engagements Vanderbilt has with Cuban institutions, potentially impacting funding or collaborative projects.
  • Opportunities for securing grants or funding for research related to Cuba may arise, particularly in areas aligned with the memorandum’s goals, such as internet access and free enterprise.
  • Vanderbilt may need to allocate resources to ensure compliance with the new regulations, which could involve legal consultations or adjustments to existing programs.

Relevance Score: 3 (The memorandum presents moderate risks involving compliance and potential impacts on international programs and collaborations.)

Key Actions

  • Vanderbilt’s Office of Federal Relations should monitor changes in U.S. policy towards Cuba, particularly regarding financial transactions and travel restrictions, to assess potential impacts on international collaborations and student exchange programs.
  • The Center for Latin American Studies could explore opportunities to engage in research and dialogue on the implications of U.S.-Cuba relations, potentially positioning Vanderbilt as a thought leader in this area.
  • Vanderbilt’s Financial Aid Office should evaluate the potential impact of changes in travel regulations on students from Cuba or those participating in study abroad programs in the region, ensuring compliance with new guidelines.
  • The Department of Political Science should consider conducting research on the broader implications of U.S. policy changes towards Cuba, including human rights and economic impacts, to contribute to academic discourse and policy recommendations.

Opportunities

  • The memorandum presents an opportunity for Vanderbilt’s School of Engineering to explore technological collaborations aimed at expanding internet access and supporting independent media in Cuba, aligning with the U.S. policy to promote freedom of expression.
  • Vanderbilt’s Peabody College could leverage its expertise in education to develop programs that support educational travel and cultural exchange with Cuba, fostering greater understanding and collaboration.
  • The focus on supporting free enterprise in Cuba offers an opportunity for Vanderbilt’s Owen Graduate School of Management to engage in research and partnerships that promote entrepreneurship and economic development in the region.

Relevance Score: 3 (Some adjustments are needed to processes or procedures due to potential impacts on international collaborations and educational programs.)

Average Relevance Score: 4

Timeline for Implementation

  • Within 30 days: The Secretary of the Treasury and the Secretary of Commerce (in coordination with the Secretary of State and the Secretary of Transportation) must adjust current regulations regarding transactions with Cuba.
  • Within 30 days: The Secretary of the Treasury, in coordination with the Secretary of State, must adjust current regulations to ensure adherence to the statutory ban on tourism to Cuba.
  • Within 90 days: The respective agencies must review enforcement of permissible travel regulations after finalizing them.
  • Within 90 days: The Attorney General is required to issue a report to the President regarding fugitives from American justice in Cuba.
  • Within 180 days: The Inspector General of the Department of the Treasury must provide a report on the audit of travel to Cuba following the regulatory adjustments.

Note: Multiple deadlines are present; the shortest deadline is 30 days.

Relevance Score: 4

Impacted Government Organizations

  • Vice President: The memorandum is directly addressed to and requires action and coordination from the Vice President on Cuba-related national security and foreign policy issues.
  • Department of State: Tasked with publishing lists, coordinating regulatory adjustments with the Treasury and Commerce, convening task forces (including the Office of Cuba Broadcasting), and opposing international efforts to lift the embargo.
  • Department of the Treasury: Charged with adjusting regulations regarding financial transactions with Cuba, auditing travel to Cuba, and revising definitions related to prohibited Cuban officials, including oversight via its Inspector General.
  • Department of Defense: Required to support interdiction efforts in collaboration with the State and Homeland Security, and ensure safe execution of travel and security measures.
  • Department of Justice (Attorney General): Responsible for reporting on issues concerning fugitives from American justice in Cuba and coordinating on legal and criminal matters linked to the policy.
  • Department of the Interior: Named as a recipient of the memorandum, thereby implicating it in overall policy coordination.
  • Department of Agriculture: Identified as a key agency, especially with respect to supporting U.S. agriculture and protecting plant and animal health in relation to trade with Cuba.
  • Department of Commerce: Involved in regulation adjustments regarding transactions with Cuba and coordinating with the Treasury and State on policy implementation.
  • Department of Health and Human Services: Listed among the agencies provided guidance by the memorandum, which may implicate its role in aspects such as medicine and medical device trade.
  • Department of Transportation: Tasked with coordinating regulatory adjustments affecting air and sea operations and visa processes linked to permissible travel to Cuba.
  • Department of Homeland Security: Engaged in efforts to discourage unsafe migration, working with the State and Defense on interdiction and overall security measures.
  • Office of the Director of National Intelligence: Included in the list of recipients for coordinated national security assessments.
  • Central Intelligence Agency (Director): Listed as a party to be informed, potentially involved in intelligence and security measures related to Cuba.
  • Chairman of the Joint Chiefs of Staff: Expected to contribute to the national security posture as outlined by the memorandum.
  • Executive Office of the President (Assistant to the President and Chief of Staff): Involved in overall coordination and implementation of these national security directives.
  • Office of Management and Budget (Director): Plays a role in overseeing the budgetary and administrative aspects of the memorandum’s implementation.
  • National Security Council (Assistant to the President for National Security Affairs): Directly involved in shaping and implementing the U.S. national security strategy toward Cuba.
  • Homeland Security Advisor (Assistant to the President): Named for coordination on issues pertaining to U.S. security and migrant interdiction as related to the memorandum.
  • Counsel to the President: Included in the list for strategic and legal advice on the memorandum’s directives.
  • Economic Policy Team (Assistant to the President for Economic Policy): Tasked with aligning economic measures, such as sanctions and trade regulations, with the goals stated in the memorandum.
  • United States Trade Representative (USTR): Expected to engage on the international trade dimensions of sanctions and embargo policy towards Cuba.
  • Office of Science and Technology Policy (Director): Involved in addressing scientific, technological, and environmental challenges, including expanding internet access in Cuba.
  • Diplomatic Mission (Representative of the United States to the United Nations): Charged with opposing any international or UN efforts to lift the embargo until specified conditions are met.
  • Small Business Administration (Administrator): Listed in the memorandum, which may impact its role in programs affected by changes in trade and economic policy with Cuba.
  • United States Agency for International Development (Administrator): Involved in reviewing and aligning democracy development programs in Cuba with the policy objectives set forth.
  • Office of Personnel Management (Director): Also named among the agencies, implicating it in the broader interagency coordination required for the policy’s implementation.

Relevance Score: 5 (The memorandum directly affects over 25 key federal agencies and departments, reflecting a broad reach across the government.)

Responsible Officials

  • Secretary of the Treasury – Charged with adjusting financial regulations and audit processes regarding transactions with Cuba, including the review of travel and enforcement of financial prohibitions, as well as revising definitions in regulatory frameworks.
  • Secretary of Commerce – Responsible for coordinating with the Treasury, State, and Transportation to adjust regulations on commercial transactions with Cuba.
  • Secretary of State – Entrusted with multiple roles including identifying entities associated with Cuba’s military/intelligence, convening a task force on expanding internet access, coordinating regulatory changes, opposing measures to lift the embargo, and preparing annual reports on U.S. engagement with Cuba.
  • Secretary of Transportation – Involved in the coordination process with the Treasury, Commerce, and State to implement adjustments in regulations related to transactions with Cuba.
  • Attorney General – Tasked with reporting on issues concerning fugitives from American justice in Cuba and collaborating with the Secretary of State on assessing Cuba’s transition government requirements.
  • Inspector General of the Department of the Treasury – Required to inspect and report on the Treasury’s audit activities regarding travel compliance with U.S. regulations to Cuba.
  • Representative of the United States of America to the United Nations – Assigned to oppose international efforts, particularly at the UN, to lift the embargo on Cuba.
  • Administrator of the United States Agency for International Development – Charged with reviewing democracy development programs in Cuba to ensure alignment with U.S. policy objectives.
  • Secretary of Homeland Security – Responsible for coordinating with the State and Defense to discourage unlawful migration and support the interdiction of migrants.
  • Secretary of Defense – Provides necessary support to the State and Homeland Security in the interdiction of dangerous migration activities from Cuba.

Relevance Score: 5 (Directives affect multiple Cabinet-level officials and agency heads with comprehensive policy and enforcement responsibilities.)