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Wednesday, 10/26/2016 9:07:22 PM

Wednesday, October 26, 2016 9:07:22 PM

Post# of 2189
A GREAT DOCUMENT FROM THE FCSC!

Dated JUNE 18, 2015

STATEMENT OF MR. MAURICIO TAMARGO (FORMER CHAIRMAN OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION)

"Not only do I believe the U.S. should settle for nothing less than the full price of the claims, plus 100 percent of the interest, but I call on the administration and the Congress to hold fast and not remove any key element further from the embargo that remains unless the claimants receive full and fair payment for their certified claims.

As requested, I have a few legislative recommendations. First and foremost, these claims are the reason the embargo was created. Congress must not pass any legislation further easing the embargo unless these certified claims are paid and settled. We only get one shot at this. We have only one thing Cuba wants: It is access to the U.S. market through lifting the embargo. If the Congress gives that away without getting these claims paid, then the Congress will have failed to stand up for these American families and companies.

Second, I urge the Congress to enact legislation to grant limited authority to the Foreign Claims Settlement Commission to update the certified claims as to who is the current certified claimant. As I have already explained, claims programs are not designed to go unpaid for 55 years. Multiple generations of claimants have come and gone, and it will take years to ascertain who are the certified claimants right now. Also, do the same for the Soviet certified claims. Not only is this good governmental housekeeping, but it costs us nothing, and it sends a strong message to Cuba.

Thirdly, I am hopeful that the certified claims will be paid in these negotiations, but you never know. We have been waiting 55 years, and we may get the same status quo. We know the current American trade and travel business with Cuba is trespassing on stolen American property. We know this because a runway expansion at Jose Marti Airport is on land which is the subject of a certified claim and also probably true of other Cuban airports and the Port of Mariel and other Cuban ports and probably most of the infrastructure. Also, they all use land which is the subject of American certified claims.

Congress needs to enact a trespass penalty of 10 percent on all trade, travel, commerce, remittances, toll calls, gifts, flyover fees, port duty, everything. The proceeds collected by the trespass penalty would go to a fund which would pay all of the certified claimants for their full amount, including interest. The trespass penalty would not release Cuba of its debt, but now the debt will be owed to the U.S. Government.

Those doing travel and trade with Cuba should just consider the trespass penalty as the cost of using someone’s property. The current ongoing, never-ending waiting is ridiculous and intolerable to the certified claimants. It is the U.S. Congress’ responsibility to end this embarrassing 55-year wait by our fellow Americans.

Fourth, the final recommendation is not to Congress. It is to all of those American families and companies who are holding certified claims against Cuba. I urge you to get engaged in this discussion and to write your Congressman, your Senators, the President, the State Department, and keep writing and calling them. American certified claimants need to demand that their claims be settled, and if they are not going to be settled, then they should be paid this trespass penalty. It is wrong to continue to hold these certified claimants hostage to this never-ending battle over Cuba policy. It is not fair to these American families and companies who did nothing wrong except have the courage to invest in Cuba.
Thank you."

http://docs.house.gov/meetings/FA/FA07/20150618/103642/HHRG-114-FA07-Transcript-20150618.pdf

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