FL-2021 -00CWk l ~-gf~'R3QW;~ 4 _ 2 611~~f,§ SIFIED" 5/19/2021 Page 1

Decontrolled 201913994
United States Department of State

•
~~ '
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' Washington, D.C 20520
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SENSITIVE BUT IDlCLASSIFIED April 24, 2019

ACTION MEMO FOR UNDER SECRETARY HALE (P)

FROM: H - Charles S. Faulkner, SBO

WHA - Kimberly Breier

SUBJECT: (SBU) Transmittal to Congress of the April 2019 Report on Cuban Compliance
with the Migration Accords

BLUF: (SBU) This semi-annual report to Congress details Cuba's compliance with the
Migration Accords, as well as U.S.-Cuba migration statistics. The U.S. will not
be able to meet its commitment of issuing 20,000 travel documents this fiscal
year.

Recommendation
(SBC) That you approve the semi-annual report on Cuban Compliance with the Migration
Accords and its transmittal to Congress. (Approve/Disapprove by 4/25/19)

Background
(SBU) The Secretary of State is required by Section 2245 of the Foreign Relations Authorization
Act for Fiscal Years 1998 and 1999 (Div. G, Subdiv. B, P. L.105-277) to submit a report to
Congress every six months concerning the methods employed by the Government of Cuba to
enforce the 1994 Joint Communique and the treatment of persons who have returned to Cuba
under the 1995 Joint Statement. Together with the 2017 Joint Statement, these three binding
bilateral agreements constitute the Migration Accords between the United States and Cuba. The
Migration Accords detail the two countries' common interest in preventing irregular migration
and outline the commitments to safe, legal, and orderly migration. This is a semiannual
submission; the previous report was submitted to Congress October 4, 2018. The report is due to
Congress no later than April 19.

(U) The report functions as the authoritative source for U.S.-Cuban migration statistics, which
informs interagency decision-makers. This report notes that, due to the reduction in staff at
U.S. Embassy Havana, the Deparnnent of State will not be able to issue 20,000 travel documents
in FY 2019 for immigration to the United States from Cuba consistent with the commitment in
the Migration Accords ''that total legal migration to the United States from Cuba will be a
minimum of20,000 Cubans each year." The report also notes the Cuban government accepted
returns of a limited number of Cubans with final orders of removal, an Administration priority,
and highlights some of the ongoing challenges in our dealings.with Cuba.

SENSITIVE BUT UNCLASSIFIED

FL-2021 -00004 A-00000318418 "uNcLAssiFiEo" SENsfff~1Btl0f''1NcLASSIFIED
-2-

(U) The report does not nonnally attract attention; there is, however, renewed public interest in
migration from Cuba given the reduction in consular staffing at our embassy in Havana as a
result of the attacks on embassy staff. The report could be of interest to members of Congress
who follow Cuba policy, speci.fically Senator Marco Rubio (R-FL), Senator Ted Cruz (R-TX),
Senator Robert Menendez (D-N'J), Representative Eliot Engel (D-NY), Representative Mario
Diaz-Balart (R-FL), Representative Alex Mooney {R-WV), and Representative Albia Sires
(D-NJ).

(U) The repon has no direct effect on U.S. government funding levels. You have authority to
approve this report pursuant to the Department's Delegation of Authority 280-2.

Attachments:
Tab 1 -Repon to Congress
Tab 2 -Transmittal Letters
Tab 3 - Relevant Legislation
Tab 4 - Migration Accords

SENSITIVE Bt:T t.:NCLASSIFIED

FL-2021 -00004 A-00000318418 "UNCLASSIFIED" 5/ 19/2021 Page 3
SENSITIVF, BUT UNCLASSIFIED
-3-

Approved: H- Charles S Faulkner, SBO (CSF)

WHA - Kimberly Breier (KB)

Drafted: WHA/CCAJ..._ _ _ _(_b)_(G_

) _ _ ____.

Cleared: WHA/FO: JChung (ok)

WHA/FO: RUlrich (ok)
~b)(5); (b)(6)

H/FO:

Harris (ok)
Donnelly ( ok)
Moore (ok)

SENSITIVE BUT CNCLASSIFIED

FL-2021-00004 A-00000318418 "UNCLASSIFIED"
UNCLASSIFIED

Report to Congress on
Cuban Compliance with the Migration Accords
(October 2018 to April 2019)

This is the semiannual report ori Cuban migration policies required by section 2245 of the
Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (Div. G, Subdiv. B, P.L. I 05-
277). As outlined in the Joint Communique signed by the United States and Cuba on
September 9, 1994, the Joint Statement of May 2, 1995, and the Joint Statement of January 12,
2017 (collectively known as the "Migration Accords"), the U.S. government is committed to the
safe, legal, and orderly migration of Cuban citizens to the United States. The 1994 Joint
Communique states, "the United States ensures that total legal migration to the United States
from Cuba will be a minimum of20,000 Cubans each year, not including immediate relatives of
United States citizens." This commitment was reaffirmed in the 2017 Joint Statement.

In the wake of health attacks on Embassy Havana employees, the Department of State ordered
the departure of nonemergency U.S. government employees and their family members, and
continues to operate at reduced staffing levels. In light of this significant drawdown in
U.S. government personnel, almost all visa processing in Havana has been suspended.
Exceptions are being made for medical emergencies. The Department designated Embassy
Georgetown to handle immigrant visa processing for Cubans from Cuba, although at a much
reduced capacity. As a result, fewer than 20,000 Cubans applied for travel documents under the
Migration Accords for FY 2019. As of January 31, 2019, Embassy Georgetown has issued
1,508 travel documents in the categories specified under the Migration Accords in FY 2019.

I. MIGRATION METHODS

(A) Third-Country and Land Migration

From October I, 2018, to January 31, 2019, the U.S. Customs and Border Protection (CBP)
Office of Field Operations reported 5,018 Cuban nationals that were deemed inadmissible at the
ports of entry (POEs) along the southwest border. Please see Table l below for additional details
and a comparison with FY 2018 figures.

Table l: Enforcement f:ncounters of Cuban Aliens by U.S. Customs and Border Protection

FY 2018 FY 2018 SY 2019 FYTD18 to FYTD19

Location of Enforcement Encounter Percent ChanPe
Total YTD* YTD
Northern Land Border POEs 81 18 45 150%
Northern Land Border Between POEs 13 6 4 -33%
SW Land_ Border POEs 7,081 1,810 5,018 177%
SW Land Border Between POEs 74 14 44 214%
AirPOEs 2,206 I, 135 407 -64%
Sea POEs 46 24 19 -21%
Miami Sector Between POEs 102 24 58 142%
Puerto Rico Between POEs 4 1 0 -100%
Total CBP Enforcement Encounters 9,607 3,032 5 595 85%

UNCJ,ASSTFIED
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Data accessed on February 8, 2019.

Source: U.S. Customs and Border Protection (CBP).
*This column represents data from October through January of the previous fiscal year.

(B) The Cuban Family Reunification Program

No documents have been issued in FY 2019 under the Cuban Family Reunification Parole
(CFRP).

Consistent with general requirements for parole requests filed on behalf of individuals outside
the United States, U.S. Citizenship and Immigration Services (USCIS) requires new CFRP
program petitioners to file Form I-131 and pay the associated fee or file a fee waiver request for
each beneficiary in Cuba. As of February 13, 2019, USCIS had approved and forwarded
20,408 applications to the National Visa Center. Due to the drawdown in staffing at
U.S. Embassy Havana, CFRP processing in Havana was temporarily suspended on
September 29, 2017. The Department of State and USCIS are working together to ensure
continued operation of the CFRP Program. Consistent with the executive order on
Border Security and Immigration Enforcement, the CFRP Program, like other parole programs,
is under Department of Homeland Security review.

(C) Safety of Life at Sea

The U.S. Coast Guard (USCG) continues ta repatriate Cuban migrants interdicted at sea per the
1995 Joint Statement. On June 8, 2018, USCG and the Secretary of Homeland Security signed
an action memo ending the previous policy of affirmative screening of Cuban migrants subject to
direct repatriation to Cuba. The changes went into effect immediately. USCIS continues to
provide credible fear screening to all USCG interdicted Cuban migrants who manifest fear of
return.

Maritime migration attempts by Cuban nationals have significantly decreac;ed since the end of
the so-called "wet foot, dry foot" policy on January 12, 2017. The primary methods of maritime
migration continue to be rustic vessels. As of February 8, 2019, USCG's estimated FY 2019
Cuban maritime flow is J 38 migrants. Please see Table 2 below for additional details and a
comparison with FY 2017 and FY 2018 figures.

Table 2: Cuban Nationals Encountered by U.S. Coast Guard

Location of Enforcement FY 2017 FY 2018 FY 20191

Encounter Total Total YTD i
Estimated Mie:rant Flow 2,109 384 138 !
Cuban Migrants 1,606 312 102
!
Interdicted At Sea
FY 2019 data updated asofFebruary 12, 2019.
Source: U.S. Coast Guard (USCG).

USCG and the Cuban Border Guard (TGF) routinely cooperate in all aspects of Cuban maritime
migration. Their interactions are integral to ensuring the Migration Accords' goals of safe, legal,

UNCLASSIFIED
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UNCLASSIFIED
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and orderly migration. "Active target hand-off' operations, in which the TGF pursues a vessel
until it leaves Cuba's territorial waters and then allows USCG to interdict the vessel, are
common, though the frequency of these hand-offs has decreased since the January 2017 Accords
went into effect. Since January 23, 2018, USCG participated in the eighth professional exchange
with the TGF, covering a wide variety of topics including strengthening existing search and
rescue, Jaw enforcement and migration procedures, advancing tactical cooperation, and
procedures for mass rescue operations. Additional professional exchanges between TGF and
USCG were scheduled in 2018; however, due to Cuban desires to hold the talks in Havana and
ongoing security concerns in-country, none occurred. There is a one-day cruise ship industry-led
Mass Rescue Operation/Search and Rescue exercise scheduled in Havana for March I 9, 2019.
No other professional exchanges events are currently scheduled.

(D) Alien Smuggling

Cuba's efforts to prevent alien smuggling include land patrols of its coastal zones and substantial
criminal penalties for offenders. Although the January 2017 repeal of the wet-foot/dry-foot
policy resulted in a dramatic decrease in migration, the TGF continues to prevent illegal
departures by raft/rustic vessel. The TGF reported nine cases of migrant departures by sea from
October 1, 2018, to February 13, 2019.

II. CUBA'S OBLIGATIO:s'S UNDER THE MIGRATIO!\" ACCORDS

(A) Government of Cuba Exit Permission Policy

Cuban citizens no longer need an exit permit to leave the country. Medical personnel have
reported challenges receiving permission to take leave for travel. The Department of State and
Embassy Havana have also received credible reports of dissidents being denied permission to
leave.

(B) Government of Cuba Migration-Related Fees

Cuban passports cost $100 and are expensive by local standards, as the average monthly income
is approxi!Tlately $25.

(C) In-Country Refugee Program

Due to the drawdown of staffing, Embassy Havana is not currently accepting new applications or
processing refugee cases. Thus far in FY 2019, no Cubans were admitted to the United States as
refugees and USCIS did not conduct refugee interviews.

(D) Removable Aliens

Although Cuba has historically demonstrated an unwillingness to accept the return of its
nationals ordered removed from the United States, Immigration and Customs Enforcement (ICE)
envisioned that the United States and Cuba's bilateral signing of the Joint Statement in January
2017 would establish a mutually agreeable, repeatable process for removing Cuban nationals

U-:-.;CLASSIFIED
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

...
UNCLASSIFTED

covered by the Statement. However, the Government of Cuba's interpretation of the

Joint Statement's Implementation Guidelines instead justified its denying the return of a certain
category of Cuban nationals - those who left prior to January 12, 2017, but tried irregularly to
enter or remain in the United States after January 12, 2017. As of February 13, 2019, of the
978 such Cuban migrants ICE has nominated for removal, Cuba has approved only 539 and
denied 418.

Despite the Government of Cuba's recalcitrance, the U.S. government strives to repatriate
individuals named on a list of2,746 Cuban nationals who departed Cuba from the Port of Mariel
in 1980 and were declared ineligible to enter the United States legally. As of February 13, 2019,
two Cuban nationals from the list have been repatriated in FY 2019, and one as recently as
February 22, 2019. Since 1984, ICE has removed 2,036 nationals from the list, and
254 individuals on the list are deceased. Per the 2017 Joint Statement, Cuba agreed that
individuals on this list who have not been repatriated may be replaced by other removable Cuban
nationals who departed Cuba for the United States in 1980 via the Port of Mariel and were found
by competent United States authorities to have tried to irregularly enter or remain in the
United States in violation of U.S. law. As of February 13, 2019, Cuba has denied 744 cases
under this 2017 Joint Statement category and 228 are still pending a decision. ICE has
removed 177.

Although ICE has repeatedly tried to elicit increased Cuban government cooperation through
high-level engagement, Cuba continues to deny replacement cases without rationale - and the
Joint Statement's established case-by-case category has not proven useful. From April 10, 2017,
to February 13, 2019, the Department of State, on behalf ofICE, submitted a total of
2,800 case-by-case category nominations for the Government of Cuba's consideration- of these,
the Cuban government approved only 10 for removal on December 6, 2017, and an additional
eight on November 29, 2018.

Cuba's refusal to accept for removal the majority oflCE's case nominations forced ICE to
release 423 Cubans with final orders of removal into U.S. communities in FY 2018, and 25 in the
first month of FY 2019. The issue's scope continues to widen with approximately 38,000 Cubans
with final orders of removal residing in the United States awaiting removal and an additional
51,533 in the immigration enforcement pipeline.

(E) Monitoring and Government of Cuba Treatment of Returned Migrants

Due to the drawdown in staffing, the embassy has not conducted monitoring trips in FY 2019.

III. GOVERNMENT OF CUBA'S EFFECT ON U.S. EMBASSY OPERATIONS

The Cuban government does not overtly control Cubans' access to the Consular Section. In the
wake of health attacks on Embassy Havana employees, the Department of State ordered the
departure of non-emergency U.S. government employees and their family members and has
continued to operate at reduced staffing levels.

UNCLASSIFIED
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Pages
lliCLASSIFIED
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This significant drawdown in C .S. government personnel has affected embassy operations,
forcing the embassy to suspend processing of all parole, refugee, and immigrant visa cases in
Havana. Embassy Georgetown has been designated as the default visa processing post for
Cuban immigrant visa applications. The U.S. government has not yet identified the source of the
injuries affecting U.S. diplomats in Havana, but the Government of Cuba is responsible for
taking all appropriate steps to prevent attacks on diplomatic personnel in Cuba. The Department
continues to prioritize all efforts to support democracy and human rights in Cuba.

L'NCLASSJF!ED
FL-2021 -00004 A-00000318418 "UNCLASSIFIED" 5/ 19/2021 Page 9
UNCLASSIFIED
-6-

Approved: H- Charles S. Faulkner, SBO [CSF]

WHA- Kimberly Breier [KB]

Drafted: WHA/CCA~.__ _ _ _ _ _ _ _
(b_)(6_
) _ _ _ _ _ _ _----1

Cleared:
WHAIFO: Julie Chung (ok)
WHA/FO: RUlrich (ok)
~b)(5); (b)(6)

~CLASSIFIED
FL-2021-00004
. ......
A-OOQJW,il,J,ll4,J!l "UNCLASSIFIED" 511912021 Page 10
,,_,. ~-""~'
, ,.,~,~
9
GI'"

PUBLIC LAW 105-277-0CT. 21, 1998 112 STAT. 2681

*Public Law 105-277

105th Congress
An Act
Mnking oinnlbu! oonsolidllted aod emergency aPFroprintioDS fur th" fiStal year Oet. 21. 1998
c.ndm.: September 30, 1999, and fm' oth!ll' p11r,iose~. IU.R 43ZSI
Be it enacted try the Senate and House of Representatir;cs of
the United State8 of America in Congress assembled, 0!1'..nibus
Cansohdated and
Em~~nc:y
DIVISION A-OMNIBUS CONSOLIDATED APPROPRIATIONS Supplem"ntal
Apprnpriations
That the following sums are appropriated, out of any money Act, 1999.
in the Treasury not otherwise appropriated, for the several depart-
ments, agencies, corporations and other organizational units of tho
Government for the fiscal year 1999, and for other purposes, namely:
SEC. 101. Ca) For programs, projects or activities in the Agri-
culture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, provided as follows,
to be effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT Making appropr'.ations f<.>r Agriculture, Rural Development, Food and Drug AgncultuN!,
Administration, and Related Agen<.i!lll programs fDT the fiseal year ending SepU:m-
bcr 30, 1999, and far other purposes. "'""
Developme.n t,
r·ood nnd Drug
Administr.1tion,
TITLE I and Related
Agmeie:s
AGRICULTURAL PROGRAMS Appropriation.•
Act, 1999.
PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

ONCLUDlNG TRANS~·~:RS OP J,'UNDSl

For necessary expenses of the Office of the Secretary of Agri-

cultureJ. and not to exceed $75,000 for employment under 5 U.S.C.
3109, ;:,2,836,000: Provided., That not to exceed $11,000 of this
amount, along_ with any unobligated balances of representation
funds "in the Foreign Agricultural Service, shall be available for
official reception and representation expenses, not otherwise pro-
vided for, as det.erminC!d by the Secretary: Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to pay the salaries and expenses of personnel
of the Department of Agriculture to carry out. section 193(c)(l)(C)
of Publie Law 104-127: Provided further, That none of the funds
made available by this Act may be used to enforce section 793(d)
of Public Law 104-127,

•N<1l~. Thii i• • typ .. ot print of th~ o~nal h4nd tDrollml!Jll o.! o,f>1ad by tho Pre,id•nl on
October 21, l99S.. Th~ t<:>:t •• pr,n!M with~ul eorromon ...
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

PUBLIC LAW 105-277~0CT. 21, 1998 112 STAT. 2681-824

..(ii) is the widow or widower of an individual described

in clause (i); and
"(BXi) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly
Departure Program; and
M(ii) on or after April 1, 1995, is or has been accepted-
~m for resettlement as a refugee; or
"(II) for admission as an immigrant under the
Orderly Departure Program.".
SEC.~. REPORTS TO CONGfU,,'SS CONCERNING CUBAN EMIGRATION
POLICIBS.
Beginning not later than 6 months after the date of enactment
of this Act, and every 6 months thereafter, the Secretary of State
shall supplement the monthly report to Congress entitled "Update
on Monitoring of Cuban Migrant Returnees" with additional
information concerning the methods employed by the Government
of Cuba to enforce the United States-Cuba agreement of September
1994 and the treatment by the Government of Cuba of persons
who have returned to Cuba pursuant to the United States-Cuba
agreement of May 1995.

TITLE XXIII-ORGANIZATION OF THE DEPARTMENT OF

STATE; DEPARTMENT OF STATE PERSONNEL; THE
FOREIGN SERVICE

CHAPTER 1-0RGANIZATION OF THE DEPARTMENT OF

STATE
SEC. 2301. COORDINATOR FOR COUNTERTERRORIS~.
(a) ESTABLISHMENT.-Scction l of the Sta.te Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding
at the end the following new subsection:
"(D COORDINATOR FOR CoUNTERTERRORIS:M.-
"(1) IN GENERAL.-Therc is within the office of the Secretary
of State a Coordinator for Counterterrorism (in this paragraph
referred to as the 'Coordinator') who shall be appointed by
the President, by and with the advice and consent of the Senate.
"(2) DUTIEs.-
"(.AJ IN GENERAL.-The Coordinator shall perform such
duties and exercise such powers as the Secretary of State
shall Il_rcscribe.
"(B) DtJTIES l)ESCRUIED.-The principal duty of the
Coordiii.ator shall be the overall supervision (including pol-
icy oversight of resources) of international counterterrorism
activities. The Coordinator shall be the principal ndviser
to the Secretary of State on international counterterrorism
matters. The Coordinator shall be the principaJ
countcrterrorism official within the senior management of
the Department of State and shall report directly t.o the
Secretary of State.
"(3) RANK AND STATUS OF AMBASSADQ.R.-Tbe CoordinaWr
shall have the rank and status of Ambassador at Large.~.
(b) TECHNICAL A..'-D CONFORMING AMF.NDMENTS.-Section 161
of the Foreign Relations Authorization Acl, Fiscal Years 1994 and
1995 (Public Law 103-236) is amended by striking subsection (e). 22 use 2651a
""'"
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 12

1984 Mariel Agreement

 /, y
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FL-202°1-00004 A 00000318418 ~~~IE'.

1' ,,,·~\·Y/
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Ff:.ESS 51P..'i:El-.Et,1 (t:.l·•OAF.GGEC U!-:'lE. 4:00 ;.i, l:!/14/8!)

AG~EEHENT SIGNED ON _MARIEL"EXCLUC~BL~ •

As the result of several years of efforts a~d a serie~ of

intensive discussions, the U.S. was able to reach agreenent
' ...,.ith Cuba today or, the return to Cuba of approxicately 2,700 of
the 129,000 persons who came to the United States in the Mariel
Boatlift of 1980. ReFresentatives of t~e- Departr.ient of State
and the Immigration and Naturalization Service of the
DepaEtment of Justice participated in these discussio~~-

As ~e have stated from the beginning, the talks were

limited only to migration matters. Moreover, the ccnclusior. of
an agreement on this issue does not signal any change in U.S.
policy toWard Cuha. t·hat policy reflects our seriou::c co.ncern
about Cuba's international behavior. Ve see no evide·nce that
Cuba is prepared to change that~Cet-,avioc.
Those persons to. be re·turned to Cuba are ineligible to
remain in the U.S. because they admitted to ccmmitting serious
crimes in Cuba, have committed serious crimes in the United
States, or suffer from severe mental Cisorders. It was agreed
that these persons Yill be returned in a phased and orderly
manner.
I w0uld like to point out that those Yho will be returned
represent only a very small.percentage of the persons who came
to the UniteC States in the Mariel boatlift. The vast majerity'
of these 129,000 persons have incorporated themselves into
American life and are no~ being processed by INS, Under the
Cuban Adjustnent Act of 1966, for legal resident status.
Cuba's agreement to accept the return of those inciividu~ls . . ~

removes an impediment under U.S. law tO resume normal

processing of visas for Cutan applicants which had been
conducted in Havana prior to 1980. Processing of all itnl!ligrant
r visas other than for immediate relatives of U.S. citizens, and
processing of refugee applications, ha~e been suspended since
1980 because of·cuba 1 s re£4sal to accept the return cf persons
whom the U.S. has declared excludable. Under the refugee
program, ex-political prisoners in Cuba will be eligible to
apply to come to the United States under established U.S.
procedures. . ... '::-·
~-~

As you may have inferred from my remarks, we cannot predict ··..,....

at this time how many Cubans Yill a~ply for entry into the
U.S. I would like to reemphasize that both those retur.ning to
Cuba and those applying to come to the U.S. will.be handled in
a phased and orderly precess.

The documents comprising the agreement, and a detailed

statement on consular and refugee questions, contain i~portant
additional information. They are available here and at the
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

,C':,
'® •

Discussions between representatives of the United States of

America and of the RepubliC Gt Cuba an immigration matters

concluded tqday ~ith the adoption of agreements for the

nor~alization of iru:i.igration procedures between the t~o

countries and to put an end to the abnormal situation which has

existed s~nce 1980.

1he United States will resume issuance of preference

immigrant visas to Cuban ryp.tionals residing in Cuba up to the

number of 20r000 each year, in particular to close family

relatives of United States citizens and of Cuban permanent

-.~;
resiCents in.the United states.

The United States side expressed it.s willingness to

implement -- with the cooperation of the Cuban authorities

all neceisary measures to ensure that Cuban ~ationals residing

in Cuba wishing to emigrate to the Onited States· and vho

qualify under United States law to receive im~igrant visas, ~ay

enter the United States, taking maximum advantage of the number

rof up to 20,000 immigrants per year.

For its part, the United States ~ill continue granting

immigrant visas to residents of Cuba who are parents, spouses

and unmarried children under 21 years of age of United States

citizens. These immigrants will not be counted against the

annual limit indicated above.

@ -
.
 "UNCLASSIFIED" 511912021 Page 15
FL-2021-00004 A-00000318418

Cuba will accept the return of those (utans na~iona1s who

came to the United States in 1980 via the port of Maciel and

who have Ceen declared ineligible to-enter the LiniteC States

legally. The number of such persons is 2;746 and their names

appear on an approved list. The return of tbese persons will

be carried out by means of an orderly program of returns wit~

the cooperation of the immigrction authorities of both

countries. - The returns will proceed in a phased and orderly

manner until all the idenqtied ,individuals who appear on the

. 1_-
approved list have been returned. The returns will be effected

at a rate of 100 each calendar ~ontb, but if the figure of 100

is not met in a given month, the remaining numbers may be used

in subseque·nt mon_ths 1 pcovided that no ooce than 150 will be .

returned in· any calendar mont·h. The United States stated that

measures Yere being taken so that the Cuban nationals who came

to the United States in 1980 via the port of Mariel may

aCguire, beginning now and with retroactive effect of

approximately 30 months, lega~ status as per_manent residents of

r
the United States.

Both delegations expressed their concern in regard to the

situation of those persons who, having been released after

serving sentences for acts which Cuban penal legislation

_-,
___ .,,.'~-
- ~,',
. .,....
-.·,,
·defines as •offenses against the Security of the State,• wish

to re~ide permanently in the United States. The O~ited States

will facilitate the admission of such p-er.sons and their .

.....-
.,; __
...•, .~
,

,,
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

im~ecliate family members by means of a program to ~e carrieC

out under appticable UnLted States law. The United States

•
delegation stated that to tt:is end the necessary stepE have

been taken for admission during Fiscal Year 1985 of up to 3,000

such persons, including immediate ·tanily members. The size of

the program and any p0ssible in€rease in subsequent fiscal

years will be Oeterrained in tbe light of experience with the

process and the desire expressed by both parties to carry out

this progr-am in such a way "as ~a allow its 0ngoing

implementation until fully completed in the shortest possible

time.

The representatives of the United States of America and of

the Republic of Cuba decided to meet again ~ithin six months in

order to apalyze progress in the im~lementation of these

agi::-eements.

NeW York, December 14, 1984

~
~
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 17

M!t,L,1E O!i r.~n:Lf.'l-!ENV.1IC~;

In regard to the discussions 0n lmmigcation matters which

concluded· today, Ehe representatives of ~he ·United States of

America and of the Republi~ of Cuba reached the following

agreements on the implementation of cert~in points Oealt with
1n the Communique announcing the results of these talks:

Concerning. the return ef Cuban nationals who came to the

United States in 1980 via Jhe port of Mariel and who have been
identified by the United States as personS ineligible to enter
the United States legally, it was agreed that the returns would
begin no earlier than 30 days fror.:i today. The United States
immigration.au·thoi:ities will give the Cuban au.thorities ~n
advance of .the actual return of a~y person all available health
information, including any available medical records, diagnoses
and recor.unendations for treatment. Both authorities will
cooperate closely to assure that appropriate measu~es ace taken
to protect both tte health of the individual and the public
health.

With regartj ta persons charged with committing crimes in

the United States, the United States ~ill furnish a certified
description, baSed on United States records, of the offense or

offenses Co'.llIDitted, the circumstances under ~hich such offenses

vere committed, the nature oE the evidence supporting the

@-.
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

charges, the time the person was held in detention, a~d the
0 •

status of judicial proceedings, including the sentence imposed,

if any.
Likewise, the United States will provide a certifie& eopy
of the applicable ·federal or state law establishing the.
offense. These documents will be provided as soon as pcssible
and in no case later than 30 days prior to the date on which
the person is to be returned to Cuba, allowing the Cutan
authorities· to analyze the crimin~l records of those who
cor.unitted an offense during :their stay in the United States and
who are to be returned by the Onited States authorities. The
United States i~.rnigration authorities ~ill r.otify the Cuban
immigration authorities, no less than 10 days prior to a
return, of the ~egistration number of the aircraft to be ~sed
to transport persons to Cuba, of the names of the individuals
aboard such flights, and of the measures foe inflight custody.
If, at the point of entry in Cuba, errors are detected
which both parties agree neg~te the identification of a person
being returned as a Cuban r.atrional who left Cuba via Mariel in
1980 1 that person wili be returned to the United States pending
further efforts to identify him.
The definition of "Offenses against the Security of the

State" is understood to include for~et prisoners convicted of

the offense of illegal depzrture from the countty which, at the
time the offense was committed, was defined by applicable
criminal law as falling within that definition.

,.
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

1he formec pc~sonec who emigrates to ttE United States may

be accompanied by his pacents, unmarr1eci children ~hder·21

years of age and spouse, and, as appropriate, other family

members who live wilh him under his ~ratectian or custody.

In order to facilitate the ongoing a~d uninterrupted

implementation of the prograra far the norrail issuance of

immigrant visas and the program for former prisoners, the

Government ef Cuba will furnish to applicants foe. entry into

the United States the neces~ary decuments in accordance with

United States law such as certitied copies of vital statistics

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

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

to the extent possible the conduct of medical examinations

including provision of chest x-rays.

The United States Interests Section will continue to employ

measures ~hieh are conducive to the orderly processing of

persons applying to go to the United States, including the

continued use of applications by mail,

'I·he normal processing of immigrant visas and the processing

of applications f.or the p(ogram for foi:-rner .'prisoners will

require the assignment of 10 adciitional United States officials

to the United States Interests Section of the ~~bassy of

Switzerland in Bavana. ~he Cuban Government agreed to

authorize these increases, on the understanding that these

officers will be assigned temporarily and will not be
 "UNCLASSIFIED"
FL-2021-00004 A-00000318418

con~idered permaneot staff of the u~i~ed States Inte~e~ts

Section, and agreed to provide then with the necessa.,;-y •
facilities tor carrying 01.H:. their functions.

The· representatives of the United States and Cuba agreed to

meet ~iEhin six months to analyze progres~ in implementation of

these steps.

New York, December 4, r984

..
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 21

1987 Migration Statement

FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 22

STATEMENT

Representatives of the United States of America and ~he

Republic of Cuba met to discuss problems of migration .p,nd radio
broadcasting.

They agreed to resume implementation of the 1984

Migration Agreement in all of its -aspects immediately.

They also agreed to continue negotiations ou radio

broadcasting in the medium wave band directed from one countrry
to audienGes in the other in order to f1nd a mutually
acceptable arrangement.

They further agreed that a systematic effort is required

to reduce the technical interference which results from the
congestion in the medium wave broadcast band and the proximity_
of the t~o nations.

The negotiations for the solution of these problems shall

be conducted in strict ~Ccord with international law, including
applicable internat.io'nal radio law and regulations.

',

~
\C'

•
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 23

1994 Communique
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

Joint Communique

Representatives of the United States of America and the Republic

of Cuba today concluded talks concerning their mutual interest
in normalizing migration procedures and agreed to take measures
to ensure that migration between the two countries is safe,
legal, and orderly.
Safety of Life at Sea
The United States and the Republic of Cuba recognize their
common interest in preventing unsafe departures from Cuba which
risk loss of human life. The United States underscored its
recent decisions to discourage unsafe voyages. Pursuant to
those decisions, migrants rescued at sea attempting to enter the
United States will not be permitted to enter the United States,
but instead will be taken to safe haven facilities outside the
United States. Further, the United States has discontinued its
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
unsafe departures using mainly persuasive methods.
Alien Smuggling
The United States and the Republic of Cuba reaffirmed their
support for the recently adopted United Nations General Assembly
resolution on alien smuggling. They pledged their cooperation
to take prompt and effective action to prevent the transport of
persons to the United States illegally. The two governments
will take effective measures in every w9y they possibly can to
oppose and prevent the use 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 United States and the Republic of Cuba are committed to
directing Cuban migration into safe, legal and orderly channels
consistent with strict implementation of the 1984 joint
communique. Accordingly, the United States will continue to
issue, in conformity with United States law, irrunediate relative
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, through other
provisions of United States law, to authorize and facilitate
additional lawful migration to the United States from Cuba. The
United States ensures that total legal migration to the United
States from Cuba will be a minimum of 20,000 Cubans each year,
not including immediate relatives of United States citizens. As
an additional, extraordinary measure, the United States will
facilitate in a one-year period the issuance of documentation to
permit the migration to the United States of those qualified
Cuban nationals in Cuba currently on the irrunigrant visa waiting
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

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

facilitate the procedures necessary to implement this r:ieasure.
The two governments agree to authorize the necessary personnel
to allow their respective interests sections to implement the
provisions of this cornrnun~que effectively.
Voluntary Return
The United States and the Repub:ic of Cuba agreed that the
voluntary return of Cuban nationals who arrived in the United
States or in safe havens outside the United States on or after
August 19, 1994 wil: continue to be arranged through diplomatic
channels.
Excludables
The United States and the Reoublic of Cuba agreed to continue to
discuss the return of Cuban nationals excl~dable from the United
States.
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 Comr..unique.
Future meetings will be scheduled by mutual agreement.

For the Governrr.ent of For the Government of

The United States of America: the Republic of Cuba:

New York, Septenber 9, 1994

FL-2021-00004 A-00000318418 "UNCLASSIFIED"

1995 Joint Statement

FL-2021-00004 A-00000318418 "UNCLASSIFIED"

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
nonnalize 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 num bcr in any one year period beginning September
9, 1995, regardless of when the migrants arc 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 Cnitcd States will be taken to Cuba. Similarly, migrant found
to have entered Guantanamo illegally wil! 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
Cnited 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 Cnited 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 reaffinn 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 A-00000318418 "UNCLASSIFIED"

2017 Joint Statement

FL-2021-00004 A-00000318418 "UNCLASSIFIED"

JOINT STATEMElfT

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

the Purposes and Principles enshrined in the Charter of the United :,.:ations, 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 nonnalization 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 ~aval 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 Jaws and international norms, the same migration
procedures and standards that are applicable to nationals of other countries, as establishe~
in this Joint Statement.

l. From the date of this Joint Statement, the United States of America, consistent
with its laws and international nonns, shall return to the Republic of Cuba, and
the Republic of Cuba, consistent with its laws and international norms, shall
FL-2021-00004 A-00000318418 "UNCLASSIFIED"

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 fully 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 of20,000 persons annually.

4. The United States of America and the Republic of Cuba, detennined 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 of2,746 to
be returned in accordance with the Joint Communique of December 14, I 984,
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 A-00000318418 "UNCLASSIFIED"

The competent authorities of the United State.s 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 confonnity 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.

J
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 32

Implementation Guidelines for 2017

Joint Statement
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 33

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 o.r 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 procedures set forth in these Guidelines.

I. COMPETENT AUTHORITIES

a For the Republic of Cuba the competent authorities under these

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

b. For the United States of America the competent authorities under these
Guidelines are U.S. Inunigrarion 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 ju 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

1. 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.

u. However, tm1il 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.

m. Upon request by the United States, Cuba will consider and

. decide on a case-by-case basis the return of other Cuban nationals who
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 34

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 foW' (4)
year time period or a longer period if extended Wlder Cuban law) and
therefore not eligible fur retwn 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 (I) 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 nationa] 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 Unitc::.d States to provide

personally identifying information at c.ertain 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 corresponding age and gender. The O.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
nwnber will be stored electronically in an encrypted. fonnat not
susceptible to alteration. At the time the U.S. competent authorities seek
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 35

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 number.

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. Toe U.S. authorities will also
comnnm:icate 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,
a1though a case-by-case analysis will be made pursuant to Section 3.a.iii

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 w:ill collaborate closely during this process,
including by exchanging probative evidence on a timely basis,
reasonably evaluating all evidence exchanged, and Tegu1arly
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 acrordance with the procedures descnlx:d 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 mn be as follows:

1. The Government of the United States of America will

~~9-:::::_:: communicate to the Government of Cuba, through diplomatic channels,

proposals of names to replace those in the original list of 1984, who
FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 36

have not been returned to Cuba by the U.S. authorities. To that end, they
will offer accurate infonnation 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 criminal organizations

involved in alien smuggling.

ii. Information to support investigations of transnational criminal

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

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

smuggling.

©tr.CR?!' -
A-00000318418 "UNCLASSIFIED" 511912021 Page 37

are not otherwise eligible for return under the provisions of this Section.
The competent authorities of the United States will focus on individuals
whom such competent authorities have detennined to be priorities for
return.

b. Procedures

i. No later than ten (IO) 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 Vvi.11 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 (incJude 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 UTUted 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 infmmation provided by the U.S. authorities js 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
info1TI1ation 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.

in. In cases where the Cuban competent authorities have indicated

that they are prepared to accept the return of Cuban nationals notified to
them under subsection (ii), the United States of America will proceed to
return 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

FL-2021-00004 A-00000318418 "UNCLASSIFIED" 511912021 Page 38

iv. Information related to the identification of vessels, and intOrrnation on

routes and/or modus operandi used in alien smuggling.

v. Any additional information 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 countries.

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 l.lllder international law.

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

Date: January 12, 2017