President Obama recently announced steps to ease the 54-year
old embargo on Cuba and begin to restore diplomatic relations. The
following frequently asked questions examine key issues from a
policy and business perspective.
How can the President make changes without Congressional
approval?
U.S. sanctions on Cuba arise under several laws, including the
Helms-Burton Act, the Trading with the Enemy Act, and other
statutes. Some of these laws give the president greater discretion,
while others require congressional action before certain
restrictions can be lifted. President Obama will likely argue that
any changes proposed fall within his discretion, while it is
virtually certain that some members of Congress may challenge some
or all of these measures as exceeding the limits of what can be
changed under the Helms-Burton Act. One thing is clear: no dealings
with Cuba should occur without first determining that such actions
are allowed under the current restrictions,