WORLD TRADE  
ORGANIZATION  TN/MA/NTR/2 
15 May 2006 
 (06-2369) 
Negotiating Group on Market Access Original:   Spanish 
  
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Non-Tariff Barriers - Requests
 
 
Communication from Cuba 
 
  The following communication, dated 10 May 2006, is being distributed at the request of the delegation of Cuba.  
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NTB BILATERAL REQUEST  
Request from Cuba to the United States of America 
 
No. Tariff item 
 [(HS96)] [(HS2002)] Description of product Non-tariff measure on which 
action is requested Specific action 
requested Remarks 
1 2 3 4 5 6 
 All subitems of the 
Harmonised System All subitems of the 
Harmonised System 1. The 1961 Foreign 
Assistance Act . (Sec. 620 of 
Pub. L. 87-195, pt. III, Sec. 20, Sept. 4, 1961, 75 Stat. 444 (22 USC 
Sec. 2370)). 
It authorized the US President to establish and maintain a total 
embargo  on all US-Cuban trade. 
Presidential Proclamation 3447 
which imposed the trade blockade 
on Cuba in 1962 was issued under this Act.  Repeal of the law. Contrary to   Articles I, III, XI and 
XIII of the GATT.  
 All subitems of the 
Harmonised System All subitems of the 
Harmonised System 2. Tariff Classification Act of 
1962. (Sec. 401. of  Pub. 
L. 87-456, title IV, May 24, 1962, 76 Stat. 78 (19 USC 
1351 Notes)) . 
It denied Cuba Most-Favoured-Nation status. 
 
Under the title “Tariff Treatment of Cuban Products", it  prescribes 
that:  
"(a) Cuba is
 hereby declared to be a 
nation  described in section 
5 of the Trade Agreements 
Extension Act of 1951, as amended Elimination of the 
measure. Article I of the  GATT 1994.  
 There has never been nor is there any truth to the view of the United 
States in 1962 that Cuba was a 
nation dominated or controlled by a foreign government or by the world communist movement. According to the  United States itself, the Cold 
War ended in 1989, whilst 1991 
witnessed the disappearance of the country on which Cuba had allegedly been dependent; communism was declared defeated as a philosophy and a form of 
government in the world. How  
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 Page 3No. Tariff item 
 [(HS96)] [(HS2002)] Description of product Non-tariff measure on which 
action is requested Specific action 
requested Remarks 
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(19 USC 1362, relating to imports 
from nations and areas dominated  
or controlled by the foreign 
government or foreign organization  
controlling the world Communist 
movement )." 
 It further provides that articles 
which are: 
     ''(1) the growth, produce, or manufacture of Cuba, and     ''(2) imported on or after the date 
of enactment of this Act (May 24, 
1962), shall be denied the benefits 
of concessions contained in any 
trade agreement entered into under 
the authority of section 350 of the  
Tariff Act of 1930 , as amended 
(19 USC 1351). therefore can the sanctions be 
maintained against Cuba on the basis of a defunct argument?  
 
Section  350 of the 1930 Act granted the preferences referred to in  Article I:2(c) of the GATT 1994, but not the remaining 
concessions granted by the USA to 
Cuba under Article I.1 of the GATT.  The Tariff Classification Act of 1962 cannot therefore afford a basis for the withdrawal of MFN treatment following the 
establishment of the WTO.  
 
 All subitems of the 
Harmonised System All subitems of the 
Harmonised System 3. Trading with the Enemy 
Act, Section 5(b) (Title 50, 
App. 5 of the UCC – War and National Defense). 
It empowers the President 
during time of war ,  through any 
agency that he may designate, to 
investigate, regulate, or prohibit transactions, transfers, etc., under such rules and regulations as he may prescribe. It underpins the 
authority vested in the President 
to impose the other laws relating to the blockade against Cuba.    
The 1963 Cuban Assets Control Elimination of the 
measure. Contrary to Articles I, III, XI and 
XIII of the GATT.  
  
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 [(HS96)] [(HS2002)] Description of product Non-tariff measure on which 
action is requested Specific action 
requested Remarks 
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Regulations (Title 31, Part 515 
of the Code of Federal Regulations, under the Trading 
with the Enemy Act) , 
established the regime applicable to all Cuba-related financial and trade operations and blocked Cuban assets in the US;  it made 
it impossible to use the US dollar 
in commercial transactions, and established a list of Specially Designated Cuban Nationals, prohibiting US nationals from entering into transactions with 
those on the list. 
 Cuba and the United States are not at war. Never has a state of war been declared between the 
two countries; on the contrary, 
various statements by eminent persons and reports by agencies and armed institutions in the United States have confirmed that 
Cuba does NOT pose a military 
threat to that country;  therefore, no measure taken under that law is warranted.   
   4. The 1988 Omnibus Trade 
and Competitiveness Act, 
which reinforced the 
restrictions on imports 
from Cuba.  "Reinforcement 
of  the restrictions on imports from Cuba ". Elimination of the 
measure. Contrary to the basic  principles of 
the GATT, and to GATT Articles I, 
III, XI and XIII.  
Contrary to the provisions of other WTO Agreements such as those on  Agriculture and on Import Licensing Procedures.  
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Requires "the US Trade 
Representative to request relevant agencies to prepare 
recommendations for improving 
the enforcement of import 
restrictions  on articles from 
Cuba.  Such recommendations will include but not be limited to 
appropriate action to forestall 
indirect shipments or other means of circumvention.   
   5. Cuban Democracy Act of 
1962 .  Title XVII, Pub. L. 
No. 102-484, Section 1701 et 
seq.; 106 Stat. 2575). (known 
as the Torricelli Act) 
Section 1706(b) - Prohibitions 
on vessels , places a ban on 
vessels engaging in trade with Cuba. To that end, it stipulates, 
inter alia , that: 
(1) Vessels engaging in trade. […] a vessel which enters a port or place in Cuba to engage in the trade of goods or services may not, within 
180 days after departure from such 
port or place in Cuba, load or unload any freight at any place in the United States, except pursuant to a license issued by the Secretary 
of the Treasury. 
 The policy being applied is therefore the denial of licenses.  Repeal of the law. Contrary to the basic  principles of 
the GATT.  Infringes  GATT Article V:2 and the objectives of the current  
negotiations on Trade Facilitation.  
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(2) Vessels carrying goods or passengers to or from Cuba.  Except 
as specifically authorized 
by the Secretary of the Treasury, a vessel carrying goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national 
has any interest may not enter a 
United States port.  
It prohibited subsidiaries of US companies located in third 
countries from trading with Cuba. 
 It prescribed that the President 
should encourage the 
governments of countries that conduct trade with Cuba to 
restrict their trade and credit 
relations with Cuba.  
 
   6.- Helms-Burton Act or Cuban 
Liberty and Democratic Solidarity Act of 1996. 
This Act codified all the laws, regulations and presidential orders 
relating to the blockade adopted since 1962. It reaffirmed that the President should "encourage" other countries 
to restrict their trade and credit 
relations with Cuba;  it provided for withholdings from payments to international financial institutions that approve loans to Cuba; it Repeal of the law. Violates the spirit, principles and 
rules  of the GATT. Establishes sanctions for countries that aid Cuba. It is extraterritorial in 
effect. 
This Act infringes, inter alia ,  
Articles I, II, III, V:2, XI, XIII and  XXIV of the GATT. It infringes the Marrakesh Agreement 
and the Multilateral Agreements in 
Annex 1A concerning Trade in Goods.  
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created the power, exercised in 
some cases, to deny entry to the USA for executives from third-
country companies with 
investments and business in Cuba involving former US properties or properties  of current US citizens that were nationalized, as well as 
the possibility to sue entrepreneurs 
who invest  or conduct business  in Cuba on such properties, which were nationalized by Cuba in accordance with international law.  
 
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