Obama Has the Power to Undo the Cuban Blockade

Following the United State’s first ever vote to abstain from the Cuban blockade, many are asking how the Cold War relic can finally be lifted after more than 50 years. While the Obama administration has been working toward a thawing of relations with Cuba, some believe that the president could be doing a lot more to lift the ban.

RELATED:
As World Burns, Cuba Number 1 for Sustainable Development: WWF​

Washington, D.C.-based lawyers Stephen Heifetz and Peter Jeydel, writing in The Hill, argue that “Virtually the entire embargo can be undone with bold executive action.” They say that the treasury secretary could authorize U.S. manufacturing and companies operating on the island because Congress has not specifically prohibited these activities.

Despite the general view that Congress needs to take the next step to lift the blockade, Obama “should be able to waive restrictions on commerce that are inconsistent with U.S. foreign policy interests," according to the two lawyers.

Writing for Lexology, Jeydel pointed out that Obama could use Article II of the U.S. Constitution under the president's powers as commander-in-chief, taking executive action against the blockade in the interests of U.S. foreign policy.

There may also be legal loopholes within the blockade and other U.S. laws that would further allow the lifting of restrictions, especially for businesses, Jeydel argues. “Companies can enter into discussions and even sign binding contracts, as long as those deals cannot enter into force until they are authorized in full by the U.S. government.”

OPINION:
With UN Vote Due, Will US Ever Lift Blockade Against Cuba?

While there may be the possibility for the executive to further lift the blockade, Heifetz and Jeter say it would be a “bold step if many members of Congress would be angered.”

After Wednesday's historic United Nations General Assembly vote, the U.S. abstained from voting on the Cuban blockade for the first time ever. One hundred and ninety-one out of 193 member states voted unanimously to end the blockade while Israel continued to follow the U.S. vote on the issue and also abstained.

Cuban Foreign Minister Bruno Rodriguez, while presenting a draft resolution to the general assembly, noted that Obama and other world leaders have already acknowledged the “obsolete” nature of the blockade.

Restrictions on Cuba imposed by the U.S have already been lifted, including easing the limits on U.S. citizens buying tobacco and alcohol from the socialist country. Travel restrictions have also been loosened, with regular U.S. commercial flights to Cuba also being announced in August.

Cuba claims that the outdated and unnecessary blockade has cost the country US$4.7 billion in past year and a staggering US$753.7 billion since it began in 1960.