JUAN O. TAMAYO
Herald Staff Writer
Ignoring cautions from Washington and Havana, American firms are rushing
to
explore the prospects for doing business in Cuba opened by the recent relaxation
of U.S. sanctions against the island.
``Enthusiasm is off the charts in my group,'' said Pamela Falk, a New York
lawyer
who was recently in Havana with a delegation of major U.S. grain producers
to
deliver a donation of animal feed to independent Cuban farmers.
The interest awakened after the Clinton administration announced Jan. 5
that it
would ease controls on food and agricultural sales to Cuba as part of a
package
designed to promote independent and pro-democracy groups.
Miami business consultant Teo Babun said he received about 15 calls from
interested U.S. firms after the announcement, and the New York-based
U.S.-Cuba Trade and Economic Council said it saw a doubling of ``hits''
on its
Web page -- www.cubatrade.org -- for Jan. 5-7.
The council also received calls from Canadian, French and Argentine firms
now
doing business in Cuba, wondering whether the changes would mean increased
U.S. competition for them, council director John Kavulich said.
U.S agro-giant Archer Daniels Midland quickly announced it had already
obtained
a ``substantial'' sales order from a Cuban ``entity'' it refused to identify,
and said it
would seek a U.S. permit to close the deal.
`In the right direction'
``We believe the new measures are a step in the right direction . . . but
we would
like these measures to go further,'' said Rebecca Frailey, assistant vice
president at
New York-based Continental Grain Co.
While not large by world standards, Cuba represents a virgin market for
U.S.
agricultural producers, a U.S.-embargoed island of 11 million people 90
miles
away that in 1995 imported $454 million in basic food products.
That included an estimated one million tons of wheat and flour plus sizable
quantities of rice, beans, cooking oil, soy meal and powdered milk, according
to a
Trade and Economic Council report issued last week.
But it does not include imports of fertilizers, pesticides and seed, allowed
by the
new U.S. measures, or agricultural implements such as tractors, engines,
fencing
and grain silos.
Opening the U.S. doors to such sales might have a ``multiplier effect''
and require
easing other U.S. sanctions, such as one banning freighters that dock in
Cuba from
docking in U.S. ports for the next 180 days.
`Brainstorming' in progress
``That's the kind of brainstorming going on right now in the business community,''
Babun said. ``If they can sell fertilizers, who finances the deal? Do you
allow
bank-to-bank transfers?'' Up to now, such transfers have been banned by
the
37-year-old embargo.
``Everyone's mind is on the possible,'' said Falk, who is writing a book
on Cuba
and teaches international trade at the City University of New York Law
School.
``If the U.S. government implements these measures in an expansive manner,
those
foreign firms will have reason to worry about U.S. competition,'' Kavulich
said.
U.S. officials say that's definitely not their intention.
Tractor and silo sales to Cuba? ``That's not what we said,'' one top U.S.
official
said, noting that the Jan. 5 announcement had carefully used the term ``agricultural
inputs'' instead of ``implements.
And while the Trade and Economic Council reported that ``independent''
buyers
might include state-founded cooperatives known as UBPCs, which farm 43
percent of Cuba's arable land, U.S. officials said that's unlikely for
now.
Focus on landowners
``We are generally thinking of farmers who hold title to their own land,
who till
their own land and who have a demonstrable amount of independence'' from
the
Communist government, said one U.S. official involved in drawing up the
detailed
regulations for the new measures.
The regulations will probably initially require all food and agricultural
sales to be
licensed by the U.S. Treasury or Commerce departments ``on a case-by-case
basis,'' the official added.
Prospective sellers should initially think in terms of very small shipments,
the official
continued, such as 50-pound bags of rice, perhaps a pallet of such bags,
at most a
40-foot container of such bags.
One possible example would be the system that U.S. diplomats stationed
abroad
use to buy U.S. goods: catalog orders -- say, a case of canned soup --
to a firm in
the United States, which then consolidates all orders and ships them to
the
embassies aboard freight containers.
``We're still very much at the early stages of this regulation writing
process, but it is
very probable that we will first establish some general descriptions, then
look at
the early requests on a case-by-case basis,'' said one U.S. official who
has sat in
on multiagency task forces created to handle previous regulation changes
on Cuba.
Thinking big
Such a small-scale opening would sorely disappoint U.S. business interests.
``That would be a hollow offer,'' Falk said.
Added Hermenegildo Altozano, a Spanish lawyer deeply involved in Cuba
business deals: ``It would be a poisoned gift.''
That's exactly what Cuba called the new U.S. measures. ``Crumbs,'' said
Economics Minister Jose Luis Rodriguez. ``These measures cannot but be
rejected,'' added National Assembly chief Ricardo Alarcon.
Further darkening the business people's prospects, the heads of the U.S.
House
and Senate foreign affairs committees have warned that any significant
U.S.
licensing of food and agricultural sales to Cuba might be illegal.
The 1996 Helms-Burton law turned the embargo into law, giving Congress
alone
the power to significantly change its provisions. Clinton administration
officials
argue they still have the right to tighten or ease regulations.
``As much as I might want to sell something,'' the Spanish lawyer Altozano
said,
``if the American side and the Cuban side don't want to, this won't amount
to
anything more than a smoke screen.''
Copyright © 1999 The Miami Herald