FL-2021-~0004 Mar~h 22, 2021 144

i:-i;.1:.ss !:1/1.';.Et.£!,1 (H.6AF-CCEC u1:11L 4:00 F-1. l~/~4/8.!)

AGREEMtNT SIGNED ON MARIEL EXCLUC~BL£S

As the res~lt of several vears of efforts ard a ser ie s o(

intensive d i sc u ssio ns , the U.S. wa s able to reach agrcenenl
~ith Cuba today o~ the return to Cuba o( approxiQ atcly 2,700 of
the 129,00 0 persons wh o came to the United States in the Mariel
8oatlift o( 198G. Refrcsentatives of tHc Depart~ent o( State
and the Inuuigration and NaturalizaLion Ser vi ce o( the
Oepartmenl o( Ju stice participatco in these discu ss i ors .
As we have stated Crom the beginni ng , the talks were
limited only to migration matters . Moreover , the ccnc lu sior. of
an agreement on this issue does not signal any change in U.S.
policy to~ard Cuba . That po l icy reflects ou r sc r iou! concern ....
a bou t Cuba ' s ' in t erna t io na l behav io r. \le s e ~ no evide·nc·e that
Cuba is- pr epa red t o c h~nge t ha t'be , hav i o r. .
~.·::.;
Those pe rsons to. be r~turned t o Cub a a re i ne lig i ble t o . ·. .,~-'·...
.~r.... ..·.-
remain in th e U.S. because the y admitted to ccmmitting seriou s
crime s in Cuba, have committed s er io us crime s in t he Un ited -·
, Sta t e s, or suffer from seve re ~en t a l diso rd e rs. · It was agreed . . :. ;':~:-.::
that these persons vill be retuFned i n a phased and o rderly · ...--' ...,;.
manner.
I would like to point out th~t those who will be returne d
.!J~ represent only a· very ' small.percentage of the persons vho came • J:.·'
"'·'?i:,; ·; to the United States in the Mariel boatlift. The v~st m~jority•
of these 129,000 persons have incorporated themselves into
American life and are nov being processed by INS, under the
Cuban Adjustcent Act of 1966, for legal resident status~
« Cuba 's agreement to accept the return of thos e i nd ivio ~~l s
removes an impediment under o.s. law to resume normal .
.··.,..
,_
processing of visas for Cucan applicants which had be en
conducted in Havana prior to 1980. Processing of all inmi gran·t
visaE other· than for iaunediate relatives of U.S. citiz e ns, a nd
processing . of refug~e applications, ha~e been suspended since
1980 bec au s e of·cuba•s · ref~s al to acc ep t the r e tur n of_pcrsons
whom t he o. s . h as dec lare d e xcluda~ le. Under the re fugee _
p r og r a m, ex -po litical priso ne r s i n Cuba wi ll be elig i bl e to
apply to come to the United States unde r established U. S .
procedures . . ... ,
As you may have inferred from roy r emarks , we c annot pcecicL
at this Lime how many Cubans will apply for entry into the
U. S . I would like to re emphasize that both those returning Lo
Cuba and those applying to come to the U. S . will . be handled in
a phased and orderly process.
The documents comprising the agreement,' and a detailed
statement o n consu l a r and r efugee quest i ons , contain important
additional i nformation . They are availab l e he r e and at the
n----~---~ o ~ occ nffir.~ .

!,
FL-2021 -00004 March 22, 2021 145

6{,.;-,:.J CO/~~lll J ( l_:_l_

'Z;:_;/

/,r.:.-'l ica and ot t hr' f<'p1Jl>l 1c ot Cub.1 on immigrct1on m,'ttc'r ~

concludPd to<l..-1y l,,(iLh Lh<' adoption ot cgc-ecmcnts Lot tl.•"

<'Ount.r1<':; ,1nd tc) put <1n end to thf! .1t,notmal [,ill1t1L1on 1,:h1cl! h.-..:·

<'Xi~tcrl since 1 980.

1hc United States will resume is sua nce of preference

immigrant visas to Cuban ~ationals residing in Cuba up to the
'
number of 20,000 each year, in particular to close family
relatives of United States citizens and of Cuban perma.nent
residents in -the United States.
The United States side expressed its willingness to
implement -- with the cooperation of the Cuban authorities
- -
all necessary measures to ensure that Cuban nationals residing
in Cuba wishing to emigrate to the Onited States· and ~ho
qualify under United States law to receive immigrant visas, may
enter the United States, taking maximum advantage of the number
rof up to 20,000 immigrants per year.
For its part, the United States will continue granting
immigrant visas to resident s of Cuba ~ho arc parents, spouses

and unmarried children under 21 years of age o( United States

c1tiz"n:;. Th<':-:c immig r ants \,,( i l l not be counted .:ig,nn!:il the

<1nnu,1l limit indic<1Lcd abov<>.

FL-2021-00004 March 22, 2021 146

Cut.1 \.l)l acc.:,•pl llH' r,lutn 01. LhO~" Culon! nat1orc1l~ 1..1h<'

ll , l '1\ l l • · .J !, L ,1 t ,.. 1,. 1 'i lH, \': .1 U, ·~ I ,, r t <1 I /1.• 1 1 , 1 ,, 11

be c.:.:ur1Pc ouL by ne<1n~ ot ar. orderly pogrzr.i o : ,,·turn: ~1t!

Lile coopt:t.:1tion ol the immigr.?tion zuthoritle!; oi holh
countries . · 1he r et urn s will proceed in a phased and orderly
manner until all the identjfied Jndi viduals who appear on the
approved list have been returned. The returns will be effected
at : a rate of 100 each calendar conth, but if the figure of 100
is not met in a given month, the remaining numbers may be used
in subsequent rnon~hs, provided that no more than 150 will be _
- -~
returned in - any calendar month . The United States stated that
measures were being taken so that the Cuban nationals who came
to the United States in 1980 via the port of Mariel may
acquire, beginning no~ and ~ith retroactive effect of
approximately 30 months, lega_l status as pcr.mancnt residents of
. r
the United States.
Doth delegations expressed their co nc ern in regard to the
situation o( those persons who, having been released after
Gcrving senLC"nC<'f, [or i\Clr, which Cubon pcrrnl le<Ji!;]at1on

lo rc!.:idc p0rrn<1rwntly 1n the United ~t,,tf!!.. Tllf' UrdL<'C SL:iL<'!;

~l. will t.,cilitatc t:hc ndrni!;!iion o! such pcrr.on~ and .th~ir

V

,.
FL-2021 -00004 March 22, 2021 147

l,•
\......
.... __
,
1:-u,,•<11,1t1· t.1m1ly n11·1"t,·1! ty r... ·.:in•, ot .1 110-11.11:. 1, .•:1!,,

011t und<': i!pplicablP UntLC'd St.it<·! 1,l"''- T l1 <' lI n l I P, i : l , ! l " •,

d,,1,.,·.1t 10 i.tat<'() th,ll to tLi:; 1•11<1 thl' nr•Cf",!;,,ry '.' r· I ,.\'I

b ,, ,, n La ~ , . , for ad mi s s 1 o n du c i n •J r 1 s ca 1 Y" u r 1 ~1 e 5 o l u p Lo 3, t oo
~uch P"t!.,rn!:., inclu<:l 1 ng 1r.u:wd1.1Lc fanily member:... 1LP ! l :: P ,) t

procrss and the d0!,icc expressed by both pa t Lies to carry out

this progcaro in such a way ~s to allow its o ngoing
implementation until (ully completed in the shortest possible
time.

The representatives of the United States of America and of

the Republic of Cuba decided to meet again within six months in
order to analyze progress in the implementation of these
agreements .
J

New York, December 14, 1984

,.
FL-2021 -00004 March 22, 2021 148

!", i l, l.-: L I I, J ~: l ! l .' I! ; , ·; / '1 I C, /,

ln t•'fJ, td Lo th1 d1scu~;i1ons vn ir:,1:1igraL1on rr.aLt, r: ..,h1ch

,.<Jt•!cm•nL:.. on Ll1,• 1mt>l(•c:-:,,ntat1011 o~ certa in po1nL~ d,,1!L w1Ll1

1n Lhe Comr1un iquc announcing the rc sult:s o[ thc::;e LaU~:

Concerning the return of Cuban nat1onals who came to the

United States in 1980 via ,the po-rt o'f Mariel and wh o have been
,
i de nt1 fied by the United States as persons ineligible to e nter

the Unite d Sta tes legally~ it was agreed that the returns would

begin no earlier than 30 days frOQ today. The United S t ates

immigration au-tho'rities will give the Cuban authorities ~n

advance of .the actual return of any person all available health

information, including any available medical iecords, diagnoses

and recor.unendations for treatment. Both authorities ~ill

-
cooperate closely to assure that appropriate measures are taken

to protect both the health of the individual and the public

,,..
health.

With regard to person s charged with committing crimes in

the United States , the United States will furnish a certified

cesccipt1on, ba::;ed on United States records, o[ the o!(ense or

ot!cn!.t:f, commitlcd, Lhc citcum!;Lanc<·s und<'r which :11cll otf,•11!, 1•:;

..,."1" <;ornmiLLc·d, tll<! natur<' of Lhe <'v1dcncc suprort1ng tlw

FL-2021-00004 March 22, 2021 149

,~)
__,.

l f I llj'.

L1t1•1..i1•1•, LhP Un1t~d Slatl'S 1,:111 p1ov1d,• ,l C<'ct1:1, ,·01 Y

ot Lhe a( pl:.cnbl1' I ,•dl'ull or :,Lat.c law 1'f,Lal>l 1!,llln•J th•

ofLln~, 1'l1P!f" oucumi>nLS \.:111 It• (HO\.'l<.lt<l ,1!:' !"OOn <" l l "

anci in no C,1S<' l<1Lcr Ll1,1n 30 ,fays price to Lh<' d,1 t P Ml wh1rh

the person is to be rctu r nco to Cuba , allo..., ing the Cct:an

.iutho r ities· t o a n a lyz e the c r i roin a_l r eco r d s o( t hose \.'ho
cor.1r.1it te d an o(f.ense curing :their s tay in the Unit ed States a nd
wh o ar e to be returned by the United States autho rit ies . ~he
United States immigration authorities will notify the Cut an
immigratio n authorities, no less than 10 days prior to a
return, o f the registration number of the aircraft to be use d
J
to transport persons to Cuba, of the names of the individuals
aboard such flights, ana of the measures foe inflight custody.
If, at the point of entry in Cuba, errors arc dctecteo
which both parties agree negate the identification o f a perso n
being returned as a Cuban national who left Cuba via Ma riel i n
19 80 , that person will be returne d t o the United States pendi ng
Cu r th c r c( Co rt s t o i de n t ify h i m.
The definition o( • ottcn6~S against the Security o: the
State · iz und~rstood to i nclude for~c r prisoners convict<'d of
th" oftPn~,<' of j)l<·qal <i<'[)art:ur.~ f1or.i Lil<· counLry ,,. lJich, ,.. th•'

Lim~ th<' o!tcnsc was committed , "' a!> ckfined by applic.i.hlc

c t i m i n a 1 l n w a s ( a 1 l i n g ,.,. i th i n t h ,'\ t d c fi n i t i o n •
FL-2021 -00004 March 22, 2021 150

':1,,• locrn01 p11r.•>n,·r ·~·!,, P1:i1,r."!t•" l•> tt1, l,11111<1 ·• '•'! 11,1y

n•·ml> 1 ·1:, ,..:h,) liv<' with lam undPr h1!, p10Ll'Ction ot cu:tocy.

ln 010 ·r Lo 1.:i cil1L1L.-. Lil•• on<;o1n9 and u1,int,·rr1.[l•·d

1mm1gr.\nt vi::;.1r. ,1na t.:h11 pco<Jt,"lr:i tor torm1.:r [')Il!:.Onr•ti, th,

Government o( Cuba will (urnish Lo applicants Lor. entry into

the United States the necessary docu~ents in accordance with

United States law such as ccrtir1ed copies of vital statistics

registry extracts (birth, marriage, and death certificates),

divorce decree, as well as penal records, and vill facilitate

~ to the extent possible the condoct of medical examinations

~
including provision of chest x-rays.

The United States Interests Section vill continue to employ

measures ~hich are conducive to the orderly processing of

persons applying to go to the Onited States, including the

continued use of applications by mail.

'I-he normal processing o_f immigrant visas and the processing

r
of applications f_or _the program for former .'p risoner s will

require the assignment of 10 additional United States o(ficials

to th~ United States Interests Section of the Embassy of

Switzerland in Havana . ~he Cuban Government agreed Lo

1)L!ic1·r'~ v1ll b<' .1~sig1wd Lcmporarily and ,.,,ill not 11'

FL-2021-00004 March 22, 2021 151

'
( r , 1d,•1,• I I •"! tr,dtlt'L t ! : ( : •I .. I I I t • ' ' .. • t' ..
)
•' .1 1 J r ,·,•d ..... l t t,,. y
':._,,,,-1 ( t JO I,' <I ll•J l• I OV 10• I_ I),. r.1 ll t rl ,•c-1:' .I I

l,1<.1]111, < ,l I I '/ l I '} < l" t l < I l l I • I

I •'• d l c

r.,,~.,l \:J.lh1n :.;ix r.1ontl1!:i l<) .,n,,ly:-«' p1og1, :,:, in imp}pr;•,•nt:it 10n 01

New York, December 4, [904

r
\ .

~~
~}
 ' · -<

STATEMENT

r Representatives of the Un ited States of Ameri ca and the

Repuolic of Cuba met co discuss problems of migro.tion .;.l nd radio
broa:k2 sc mg .

They agreed to res um e implementation of the 1984

Migr3tion Agreement in all of it$ aspects imm ediately .
They also agreed to conti nu e negotiations on radio
broadcasting in the medium wave ba nd directed from one countcry
to audiences in the other in order to find a mutually
acceptable arrangement .

They further agreed that a s yste matic effort is required

to reduce the technical inte r ference whi ch results from the
congestion in the med:um wave broadcast band and the proximit~
of the t~ o nations .
The negot-iatio ns f..~H t he. so lution of these problems shall
be c0nducted in strict ~~cor d with international law, including
applicable international radio law and regulati ons .

~
l..:J
FL-2021-00004 March 22, 2021 137

Joint Communique

Represen tat i v es of t he Uni t e d Stat es of Americ a a n d t he Repub l ic

of Cuba t oday conc l uded ta l ks concerning t heir mu t ua l in t eres t
in norma l izing migrat ion proc e dures a n d agree d t o take me asures
t o ensure t h at migrat ion be t ween t he t wo coun t ries is safe ,
legal , and orderly .
Safety of Life at Sea
The United States and the Republic of Cuba recognize their
common interest in preventing unsaf e depart u res from Cuba which
risk l oss of huma n l ife . The Uni t e d Stat es underscored i t s
recen t d ecisions t o d iscourage unsafe voyages . Pursuan t t o
t hose d ecisions, migra n t s rescued at sea att empt ing t o en t er t he
Uni t e d Stat es wi ll no t be p ermi tt e d t o en t er t he Uni t e d Stat es,
bu t ins t e ad wi ll be taken t o safe h aven faci l i t ies ou t side t he
Uni t e d Stat es . Furt her, t he Uni t e d Stat es h as d iscon t inue d i t s
practice of granting parole to all Cuban migrants who reach U. S .
territory in irregular ways . The Republic of Cuba will take
effective measures in every way it possibly can to prevent
unsaf e depart u res using mainly persuasive methods .
Alien Smuggling
The Uni t e d Stat es a n d t he Repub l ic of Cuba reaffirmed t heir
support for t he recen t l y adopt e d Uni t e d Nat ions Genera l Assemb l y
reso l u t ion on a l ien smugg l ing . The y p l e dge d t heir coopera t ion
t o take prompt a n d effec t i v e act ion t o pre v en t t he t ransport of
p ersons t o t he Uni t e d Stat es i llega ll y . The t wo governmen t s
will take effective measures in every way they possibly can to
oppose and prevent the us e of violence by any persons seeking to
reach , or who arrive in , the United States from Cuba by forcible
diversions of aircraft and vessels .
Legal Migration
The Uni t e d Stat es a n d t he Repub l ic of Cuba are commi tt e d t o
d irec t ing Cuban migrat ion in t o safe, l ega l a n d order l y channe l s
consis t en t wi t h s t ric t imp l emen tat ion of t he 1 984 joint
communique . Accord ing l y , t he Uni t e d Stat es wi ll con t inue t o
issue, in conformi ty wi t h Uni t e d Stat es l aw , imme d i at e re l at i v e
and preference immigrant visas to Cuban nationals who apply at
the U. S . Interests Section and are eligible to immigrate to the
United States . The United States also commits , thro ugh other
provisions of United States law , to authorize and facilitate
additional lawful migration to the United States from Cuba . The
United States ens u res that total legal migration to the United
Stat es from Cuba wi ll be a minimum of 20,000 Cubans e ac h y e ar ,
no t inc l uding imme d i at e re l at i v es of Uni t e d Stat es ci t izens . As
a n add i t ion a l , ext raordinary me asure, t he Uni t e d Stat es wi ll
faci l i tat e in a one-year p erio d t he issu a nce of documen tat ion t o
p ermi t t he migrat ion t o t he Uni t e d Stat es of t hose qua l ified
Cuban n at ion a l s in Cuba curren t l y on t he immigra n t v is a wai t ing
FL-2021 -00004 March 22, 2021 138

list . To that end , both parties will work together to

facilitate the procedures necessary to implement this measure .
The t wo governmen t s agree t o aut horize t he necess ary p ersonnel
t o a llow t heir respec t i v e in t eres t s sec t ions t o imp lemen t t he
prov isions of t his communique effec t i v el y .
Voluntary Return
The United States and the Republic of Cuba agreed that the
voluntary ret u rn of Cuban nationals who arrived in the United
States or in safe havens outside the United States on or after
August 19 , 1994 will continue to be arranged thro ugh diplomatic
channels .
Excludables
The Uni t e d Stat es a n d t he Repub lic of Cuba agree d t o con t inue t o
d iscuss t he re t urn of Cuban n at ion a l s excludab le from t he Uni t e d
Stat es .
Review of the Agreement
The representatives of the United States and the Republic of
Cuba agree to meet no later than 45 days from today ' s
announcement to review implementation of this Joint Communique .
Future meetings will be scheduled by mutual agreement .

For the Government of For the Government of

The United States of America : the Republic of Cuba :

New York , September 9 , 1994

FL-2021-00004 March 22, 2021 139

OFFICE OF THE PRESS SECRETARY

For Immediate Release May 2, 1995

JOINT STATEMENT

The United States of America and the Republic of Cuba have reached agreement on steps to
normalize further their migration relationship. These steps build upon the September 9, 1994
agreement and seek to address safety and humanitarian concerns and to ensure that migration
between the countries is safe, legal, and orderly.

Humanitarian Parole

The United States and the Republic of Cuba recognize the special circumstances of the Cuban
migrants currently at Guantanamo Bay. Accordingly, the two governments have agreed that the
process of humanitarian parole into the United States should continue beyond those eligible for
parole under existing criteria. The two governments agree that if the United States carries out
such paroles, it may count them towards meeting the minimum number of Cuban it is committed
to admit every year pursuant to the September 9, 1994 agreement. Up to 5,000 such paroles may
be counted towards meeting the minimum number in any one year period beginning September
9, 1995, regardless of when the migrants are paroled into the United States.

Safety of Life at Sea

The United States and the Republic of Cuba reaffirm their common interest in preventing unsafe
departures from Cuba. Effective immediately, Cuban migrants intercepted at sea by the United
States and attempting to enter the United States will be taken to Cuba. Similarly, migrant found
to have entered Guantanamo illegally will also be returned to Cuba. The United States and the
Republic of Cuba will cooperate jointly in this effort. All actions taken will be consistent with
the parties' international obligations. Migrants taken to Cuba will be informed by United States
officials about procedures to apply for legal admission to the United States at the U.S. Interest
Section in Havana.

The United States and the Republic of Cuba will ensure that no action is taken against those
migrants returned to Cuba as a consequence of their attempt to immigrate illegally. Both parties
will work together to facilitate the procedures necessary to implement these measures. The
United States and the Republic of Cuba agree to the return to Cuba of Cuban nationals currently
at Guantanamo who are ineligible for admission to the United States.

September 9, 1994 Agreement

The United States and the Republic of Cuba agrees that the provisions of the September 9, 1994
agreement remain in effect, except as modified by the present Joint Statement. In particular,
both sides reaffirm their joint commitment to take steps to prevent unsafe departures from Cuba,
which risk loss of human life and to oppose acts of violence associated with illegal immigration.
FL-2021-00004 March 22, 2021 140

JOINT STATEMENT

MOTIVATED by an interest in the normalization of bilateral relations consistent with

the Purposes and Principles enshrined in the Charter of the United Nations, including
those related to the sovereign equality of States, settlement of international disputes by
peaceful means, respect for the territorial integrity and political independence of States,
respect for equal rights and self-determination of peoples, non-interference in the internal
affairs of States, and promotion and encouragement of respect for human rights and
fundamental freedoms for all;

ENCOURAGED by the re-establishment of diplomatic relations on July 20, 2015 based

on mutual respect and the political will to strengthen bilateral relations and establish new
understandings in various areas of common interest;

AWARE of the necessity to facilitate regular migration to the benefit of both countries,
and to discourage irregular migration;

COMMITTED to preventing irregular migration, impeding departures from the

Republic of Cuba that risk loss of human life, combating acts of violence associated with
irregular migration, such as trafficking in persons and alien smuggling; and beginning the
regular return of Cuban nationals, as set forth in this Joint Statement.

The United States of America and the Republic of Cuba have agreed to take a major step
toward the normalization of their migration relations, in order to ensure a regular, safe
and orderly migration. The Joint Communiques dated December 14, 1984 and
September 9, 1994 and the Joint Statement of May 2, 1995 remain in effect except as
modified by this Joint Statement (collectively known as 'Migration Accords'). This Joint
Statement is not intended to modify the Migration Accords with respect to the return of
Cuban nationals intercepted at sea by the United States or the return of migrants found to
have entered the Guantanamo Naval Base illegally.

In this framework, the United States of America shall henceforth end the special parole
policy for Cuban nationals who reach the territory of the United States (commonly
referred to as the wet foot-dry foot policy), as well as the parole program for Cuban
health care professionals in third countries. The United States shall henceforth apply to
all Cuban nationals, consistent with its laws and international norms, the same migration
procedures and standards that are applicable to nationals of other countries, as established
in this Joint Statement.

1. From the date of this Joint Statement, the United States of America, consistent
with its laws and international norms, shall return to the Republic of Cuba, and
the Republic of Cuba, consistent with its laws and international norms, shall
FL-2021-00004 March 22, 2021 141

receive back all Cuban nationals who after the signing of this Joint Statement are
found by the competent authorities of the United States to have tried to irregularly
enter or remain in that country in violation of United States law.

The United States of America and the Republic of Cuba state their intention to
promote changes in their respective migration laws to enable full y normalized
migration relations to occur between the two countries.

2. The United States of America and the Republic of Cuba shall apply their
migration and asylum laws to nationals of the other Party avoiding selective (in
other words, discriminatory) criteria and consistent with their international
obligations.

3. The United States of America shall continue ensuring legal migration from the
Republic of Cuba with a minimum of 20,000 persons annually.

4. The United States of America and the Republic of Cuba, determined to strongly
discourage unlawful actions related to irregular migration, shall promote effective
bilateral cooperation to prevent and prosecute alien smuggling and other crimes
related to migration movements that threaten their national security, including the
hijacking of aircraft and vessels.

5. The Republic of Cuba shall accept that individuals included in the list of 2,746 to
be returned in accordance with the Joint Communique of December 14, 1984,
may be replaced by others and returned to Cuba, provided that they are Cuban
nationals who departed for the United States of America via the Port of Mariel in
1980 and were found by the competent authorities of the United States to have
tried to irregularly enter or remain in that country in violation of United States
law. The Parties shall agree on the specific list of these individuals and the
procedure for their return.

6. The Republic of Cuba shall consider and decide on a case-by-case basis the return
of other Cuban nationals presently in the United States of America who before the
signing of this Joint Statement had been found by the competent authorities of the
United States to have tried to irregularly enter or remain in that country in
violation of United States law. The competent authorities of the United States
shall focus on individuals whom the competent authorities have determined to be
priorities for return.

As from the date of signing of this Joint Statement, the Parties shall carry out the
necessary procedures for its implementation. The Parties may meet and revise such
procedures from time to time to ensure effective implementation.

2
FL-2021 -00004 March 22, 2021 142

The competent authorities of the United States of America and the Republic of Cuba shall
meet on a regular basis to ensure that cooperation under these Migration Accords is
carried out in conformity with their respective laws and international obligations.

Signed on the 12th day of January, 2017, in Havana, Cuba, in the English and Spanish
languages, both texts being equally authentic.

3
 FL-2021 -00004 A-00000322246 "UNCLASSIFIED" 5/ 19/2021 Page 1

IMPLEMENTATION GUIDELINES
OF THE JOINT STATEMENT

In order to implement the Joint Statement signed on January 12, 2017, and with a view
to ensuring regular, safe and orderly migration, including the return of all Cuban
nationals who are found to have tried to enter or remain in the United States, in violation
of U.S. law, the United States of America and the Republic of Cuba will henceforth
follow the implementation procedmes set forth in these Guidelines.

1. COMPETENT AUTHORITIES

a For the Republic of Cuba the competent authorities under these

Guidelines are the Cuban Tropas Guardafronteras and the Directorate of
Identification, Immigration and Foreigners.

b. For the United States of America the competent authorities under these
Guidelines are U.S. Immigration and Customs Enforcement, U.S. Customs
and Border Protection, and the U.S. Coast Guard.

2. RETURN OF MIGRANTS INTERCEPTED AT SEA

The operational procedures in effect from May 8, 1995, concerning the return of all
Cuban irregular migrants intercepted at sea attempting to reach United States territory
will remain in effect with no changes_

3. RETURN OF MIGRANTS FROM THE TERRITORY OF THE UNITED

STATES

a Principles

i. All Cuban nationals, except those referred to in Section 2 and

Section 4 of these Guidelines, who having left the Cuban territory on the
date of the issuance of the Joint Statement or subsequently to it by any
way or means, are found by the competent authorities of the United
States to have tried to enter or remain in the United States, in violation of
U.S. law, will be returned to Cuba.

n. However, until such time as changes in their respective migration

laws contemplated in the Joint Statement enable fully normalized
migration relations to occur between the two countries, returns under
Section 3 of these Guidelines, as described below, will be for only those
Cuban nationals whose continuous stay outside Cuba has not exceeded
four (4) years or a longer period if extended under Cuban law, and who
did not leave Cuba through the U.S. refugee program.

a\'
~ ~
iii. Upon request by the United States, Cuba will consider and
~ decide on a case-by-case basis the return of other Cuban nationals who
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are not otherwise eligible for return under the provisions of th.is Section.
The competent authorities of the United States will focus on individuals
whom such competent authorities have determined to be priorities for
return.

b. Procedtrres

i. No later than ten (10) days after the competent authorities of the
United States of America determine that a national of the Republic of
Cuba is not eligible to enter or remain in the United States under U.S.
law, the U.S. competent authorities will inform the Cuban competent
authorities of their intention to return the Cuban national to Cuba, and
will provide the Cuban authorities with the following identifying
information:

• Full name (include both surnames if available)

• Sex
• Photo
• Any other available information facilitating the person's
identification.

The competent authorities of the United States will also provide the date
on which the Cuban national was placed in civil or criminal proceedings
in the United States that ultimately led to the determination that the
Cuban national is ineligible to remain in the United States.
Information will also be provided about the nature of any criminal
proceedings and criminal sentence served, as well as information related
to any significant medical conditions or treatment.
In case the information provided by the U.S. authorities is found
insufficient to establish the identity of the person, the Cuban authorities
will request additional data..

ii. The competent authorities of the United States will provide the
information described in subsection (i) to the Cuban competent
authorities on a "Record of Persons Transferred" manifest of the Cuban
nationals to be returned. The Cuban competent authorities will respond
as soon as possible but no later than seven (7) days following receipt of
this manifest, whether they are prepared to accept the return of said
Cuban nationals.

m. In cases where the Cuban competent authorities have indicated

that they are prepared to accept the rettrrn of Cuban nationals notified to
them under subsection (ii), the United States of America will proceed to
rettrrn the Cuban nationals within the following thirty (30) days. The
competent authorities of the United States will add those names to a final
"Record of Persons Transferred" manifest and make appropriate
arrangement for their repatriation on a scheduled flight, of which the

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Cuban authorities should be previously informed, at least seventy-two

(72) hours before the return operation. This approved manifest will
serve as conclusive proof of each person's Cuban nationality for the
purposes of repatriation to Cuba.

c. Determination of eligibility

i. In cases where the Cuban competent authorities consider the

repatriation of a Cuban national to be outside the established four (4)
year time period or a longer period if extended under Cuban law, and
therefore not eligible for return under these Guidelines, the Cuban
competent authorities will provide the U.S. competent authorities, within
an additional period of fifteen (15) days, with official records and other
evidence that establish the Cuban national's status under Cuban
migration law.

• Such records and other evidence will include but not be

limited to documentation establishing (1) the date on which the
Cuban national last departed Cuba, through legal channels or
otherwise, and (2) the migration arrangements made by the
Cuban national with the Republic of Cuba relevant to the Cuban
national's status under Cuban migration law.

• The period of time during which a Cuban national is in a

criminal or civil proceedings in the United States will not be
considered for the purpose of calculating, under these
Guidelines, the length of the Cuban national's stay outside Cuba,
provided that Cuba was notified within the four (4) years from
the individual's departure from Cuba or a longer period if
extended under Cuban law, that said individual was placed in
criminal or civil proceedings that could result in his or her
removal.

Given the restrictions on the ability of the United States to provide

personally identifying information at certain stages of the relevant civil
or criminal proceedings, the notification to be provided by the U.S.
competent authorities will consist of a unique identifying number as well
as the correspond.i ng age and gender. The U.S. competent authorities
will, in good faith, provide such notification as soon as practicable after
the commencement of the relevant civil or criminal proceedings, and the
date of such notification will serve as the date of reference for calculating
the length of the Cuban national's stay outside Cuba, as described in this
section.

The full name and date of birth associated with each unique identifying
number will be stored electronically in an encrypted fonnat not
susceptible to alteration. At the time the U.S_ competent authorities seek
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to return an individual to Cuba, the U.S. competent authorities will

provide the ability to decrypt the biographic information in question so
that the Cuban competent authorities can confirm that the information of
the individual matches the information previously associated with that
individual's unique identifying nwnber.

At the time the U.S. competent authorities seek to return such Cuban
nationals, the U.S. authorities will communicate to the Cuban authorities,
on the basis of U.S. files, official information of the criminal history of
the individual, including a description of the crime or crimes for which
the individual was convicted, the date or dates of conviction, and the
sentence or sentences imposed. The U.S . authorities will also
communicate available health information, including information related
to any significant medical condition or treatment

If the U.S. competent authorities are unable to demonstrate that the

Cuban national they seek to return is the same person for whom
notification was provided pursuant to Section 3 .c.i and the date the
relevant civil or criminal proceeding was commenced, the Cuban
national will not be considered for return pursuant to Section 3.b,
although a case-by-case analysis will be made pursuant to Section 3.aiii.

ii. The competent authorities of the United States and Cuba will work
together in good faith to reasonably determine, within thirty (30) days,
the date on which the Cuban national departed from Cuba The
competent authorities will collaborate closely during this process,
including by exchanging probative evidence on a timely basis,
reasonably evaluating all evidence exchanged, and regularly
communicating to resolve any discrepancies and improve process
efficiency.

If the Cuban competent authorities are unable to demonstrate to

the U.S. competent authorities that the Cuban national's stay outside
Cuba exceeded four (4) years or a longer period if extended under
Cuban law, consistent with Section 3.c.i, the Cuban national will be
returned to Cuba in accordance with the procedures described in Section
3.b.iii.

4. INDIVIDUALS ON THE LIST OF 2,746

a On the modification of the list of 2,746 individuals whose return Cuba

has accepted, through the Communique dated December 14, 1984, the
procedure will be as follows:

i. The Government of the United States of America will

communicate to the Government of Cuba, through diplomatic channels,
the proposals of names to replace those in the original list of 1984, who
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have not been returned to Cuba by the U.S. authorities. To that end, they
will offer accurate information regarding the names to be replaced on
said list. The proposals will give a priority to those interested in
returning to Cuba or with family in Cuba

ii. The Government of the United States will provide the

Government of Cuba with the appropriate identifying information about
the individuals identified for return, that is, available biographic
information including:

• First names and two last names

• Sex
• Date of birth
• Special distinguishing marks
• Last address in Cuba
• Photo
• Fingerprints
• Any other information facilitating identification

m. The Cuban competent authorities will examine the list and

identification information of proposed individuals, and issue its
conformity with their replacement in the list of 2,746 in no later than
sixty (60) days, provided they are Cuban nationals who left Cuba for the
United States via the Port of Mariel, and were determined not to be
eligible to remain in the United States.

b. The return of the individuals accepted by Cuba will take place according
to the procedures established in the Implementation Guidelines of the
Communique dated December 14, 1984.

5. LAW ENFORCEMENT COOPERATION

In order to strongly discourage unlawful actions related to irregular migration, U.S. and
Cuban competent authorities will regularly exchange information on the following
aspects:

i. Information related to the identification of crimina1 organizations

involved in alien smuggling.

ii. Information to support investigations of transnational criminal

organizations who exploit lawful travel systems and financial institutions to
support their smuggling efforts.

m. Information related to the identification of individuals involved in alien

smuggling.

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iv. lnfonnation related to the identification of vessels, and information on

routes and/or modus operandi used in alien smuggling.

v. Any additional infonnation pointing to possible alien smuggling activity

occurring or likely to occur in their territories.

vi. Results of the criminal processes of individuals taken to trial for their
involvement in alien smuggling activities between the two cmmtries.

vii. Methods, procedures and means employed by alien smugglers in the

two countries.

6. CONCLUDING SECTIONS

a These Guidelines are intended to record the Parties' intentions with

respect to implementation of the Joint Statement Nothing in these Guidelines is
intended to create rights or obligations under international law.

b. The United States and Cuban competent authorities may meet to revise
these Guidelines when necessary.

Date: January 12, 2017