. /.   WORLD TRADE  
ORGANIZATION  WT/DSB/COM/8 
4 December 2007 
 
 (07-5361) 
 Original:   Spanish 
  
 
UNITED STATES – SECTION 211 OMNIBUS APPROPRIATIONS 
ACT OF 1998 
 
 
Communication from Cuba
 
 
  The following communication, dated 28 November 2007, is being circulated at the request of 
the delegation of Cuba.  
_______________ 
 
 
STATEMENT BY H.E. AMBASSADOR JUAN ANTONIO FERNANDEZ PALACIOS, 
PERMANENT REPRESENTATIVE OF CUBA, ON SECTION 211, BEFORE 
THE WTO DISPUTE SETTLEMENT BODY, 19 NOVEMBER 2007 
 
  Mr Chairman,   Since December 1998, Cuba has been denouncing, here and in other international forums, the 
discriminatory nature of Section 211 of the United States Omnibus Appropriations Act of 1998.  Next 
year will mark the tenth year that Cuba has been  hoping for an effective response by the WTO to a 
conflict that highlights the contempt shown by the United States for the principles governing the 
multilateral trading system when those principles do not work in its favour.   1 February 2002 saw the adoption of the Appella te Body Report in this dispute.  That the 
United States should still be repeating the same old reply after all these years is unacceptable. 
  There is no longer any doubt as to the political  designs behind Section 211, whose purpose is 
to impede Cuba's development by discouraging fore ign investment associated with the international 
marketing of Cuban products of recognized prestig e.  Nor does anybody question who is behind this 
measure, which is the result of complicity between  US administrations and anti-Cuban groups based 
in Florida.   Mr Chairman, a European company was denied its rights in the United States when its owners 
and successors-in-interest were refused access to the US  courts in order to defend their rights.  This 
Body must enforce the principles on which the rela tions between its Members are based.  After all, 
what point would there be for the small countri es in belonging to an organization that cannot 
guarantee their rights, when that guarantee was the onl y advantage that many of us saw in ratifying 
the Marrakech Agreement in the first place.   Section 211 is inconsistent with the TRIPS Agre ement, and violates the principles of national 
and most-favoured-nation treatment and the principles and rules of international law.  It results in 
discrimination against, and impairment of, the leg itimate rights and interests of other WTO Members. WT/DSB/COM/8 
Page 2  
 
   
 How can the United States possibly make an y claims against other Members when the 
DSB agenda and Members' statements show that it  has yet to comply with the recommendations and 
rulings of the DSB in this and other cases?  
 Mr Chairman, Section 211 is an extension to the domain of industrial property of the 
economic, commercial and financial blockade imposed by the Unite d States on Cuba, a blockade 
which the United Nations condemned for the sixteenth  time consecutively at its General Assembly on 
30 October of this year when it adopted a resolution to that effect by 184 votes in favour to four votes against, with one abstention. 
 
 The United States sets itself up as judge before  third countries and continues to make claims 
while evading its responsibility in this case, demonstr ating a total lack of respect not only for Cuba, 
but for all of the Members of this Organization.  
 Members agree that indefinite postponement of the implementation of DSB rulings would 
have serious systemic implications.  In the case of Section 211, the United States is casting doubt on 
the effectiveness of the DSB in enforcing the very principles on which it rests.  The DSB must assert 
the rules and the rights of its Members.  We app eal to those concerned to comply with the legal 
obligations of the TRIPS Agreement and the Disput e Settlement Understanding.  Cuba will continue 
to denounce this case as long as Section 211 has not been repealed. 
 
 Thank you.  
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