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AUTHOR: |
MARIA C. WERLAU |
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TITLE: |
Foreign Investment in Cuba: THE LIMITS OF COMMERCIAL ENGAGEMENT |
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SOURCE: |
World Affairs (Washington, D.C.) v160 p51-69 Fall '97 |
The magazine publisher is the copyright holder of this article and it is reproduced
with permission. Further reproduction of this article in violation of the
copyright is prohibited.
With the demise of the former Soviet Communist bloc,
Cuba suffered the loss of massive Soviet aid. This loss and the termination of
traditional trade partnerships with the Soviet bloc had devastating effects on
the Cuban economy after 1989. To foster a recovery, the leadership opened the
door to selected aspects of capitalism. Although its overall adoption of
market-oriented liberalization has been erratic and unenthusiastic, one
consistent and visible aspect of the reform process has been the regime's
eagerness to lure foreign investment. Capitalism had been virtually eradicated
and bitterly vilified since Castro declared Cuba a Marxist-Leninist republic in
1961. Hence, the reforms, particularly the opening to foreign capital, have led
to claims abroad that engagement--namely, commercial engagement--is the policy
instrument that will lead to widespread economic and political reform and the
eventual breakdown of Castro's regime. Founded on the premise that Communist
rule will not be able to withstand the corrosive practices of liberal
capitalism, engagement has become a fundamental element of the foreign policy
of most countries toward Cuba.
The importance of U.S. policy toward Cuba is widely
recognized given the geographic proximity and historic closeness of their
relations. Yet, since the early years of the Castro government that policy has
been founded essentially on political isolation and a comprehensive economic
embargo that precludes business activities in Cuba. The Clinton administration
has been particularly committed to encouraging a distinctive policy
mechanism--which might be described as "focused engagement"--aimed at
supporting the emergence of a civil society in Cuba.(FN1) Rumors of a coming
dissension with Cuba abounded until February 1996, when President Clinton
supported a toughening of policy and the codification of the embargo through
the Cuban Liberty and Solidarity Act, known as the Helms-Burton law. Passed
with an ample congressional majority, this law was part of the chosen response
for Cuba's violent repression of an incipient, organized, peaceful opposition
and the shooting down of two civilian aircraft of a Miami-based organization.
Although "focused engagement" aspects of U.S. policy remain
fundamentally unaltered, the Helms-Burton law has closed the door to U.S.
business with Cuba until a transition to democracy is under way there or
further legislation dictates a change in policy. Helms-Burton, however, has
elicited heated debate, underscoring the value of analyzing engagement as a
policy prescription.
This article is based on a much broader paper(FN2) and
explores the reform-generating capabilities of foreign investment as an
instrument of engagement in Cuba. Its emerging conclusion is that two primary
factors inhibit its workability as an vehicle of reform and render the argument
for commercial engagement fundamentally insupportable. First, the island's poor
business prospects limit opportunities to attract a level of foreign investment
that could affect the economy and society in a meaningful way. Second, Cuba's
peculiar mode of foreign investment has been designed to secure regime survival
by gaining access to foreign capital while suppressing the impact of its
socioeconomic and political mechanisms. As a result, the most important
reform-generating attributes of foreign investment are restrained while its
detrimental side effects mostly appear to hinder the eventual establishment of
a stable free market democracy.
CUBA'S DRIVE TO ATTRACT FOREIGN INVESTMENT
SELLING CUBA
In the early 1990s, Cuba passed several constitutional
and legal amendments to entice foreign investors into partnerships with state
enterprises. Since then it has signed preferential trade and investment
promotion and protection agreements with a number of countries, as visits to
the island by foreign businessmen and trade missions have abounded. The U.S.
business community has also shown interest in scouting Cuba's potential;
according to The Economist, between 1994 and 1996 about 1,500 representatives
of United States firms made "fact-finding" trips, often at the
invitation of the Cuban government.(FN3) The drive to attract investment has
also generated ample media attention; the thrust of reports in the United
States has been that business opportunities are being missed while others are
eagerly gaining a foothold in a new market, benefiting from the absence of U.S.
competitors.
Projections of Cuba's actual possibilities are widely
divergent. According to estimates, a post-Communist/free market Cuba will have
investment needs of over $14 billion. Yet, given the island's paltry economic performance,
most claims of business opportunities seem excessively optimistic, lack serious
data, and presume profound changes that have not occurred--namely, structural
economic reform and the end of the U.S. embargo. In sum, analysts concur that
Cuba must be reconstructed and desperately needs just about
everything--infrastructure, agricultural machinery, food, medicine, consumer
goods, and so forth. The question no one can answer is how Cuba will generate
the means to make the required investments feasible. Hence, Cuba's purported
potential for business require serious examination.
THE RESULTS
Although reports coming from Cuba have pervasive
discrepancies, some investors have undeniably been lured to Cuba, many with
apparently profitable results. Companies from Spain, Canada, Mexico, France,
Israel, and many other countries have formed joint ventures and signed economic
association agreements with the Cuban government, with a typical participation
of up to 49 percent.(FN4) In late 1996, Cuban ministers reported 260 registered
joint ventures from 43 countries, present in 34 economic sectors (28 in mining,
25 in petroleum, 56 in the general industrial sector, and 34 in tourism).
Despite low overall revenues from joint ventures (a mere US$114 million was
reported by Cuba for 1995), some investors have apparently reaped generous
profits. In 1996, Canada's mining company Sherritt, possibly the island's most
visible investment, earned a return of 20 percent (US$30 million on sales of
$147 million) from its half of a mining operation in Moa Bay.
It is impossible to arrive at precise figures for
overall materialized or direct foreign investment in Cuba. This data appear to
be clouded by smokescreens and manipulated to fit agendas. The numbers
frequently cited by academics and in the media are provided by Cuban government
officials in speeches and interviews. Contradictions abound, reports fail to
provide numbers on direct foreign investment, and a distinction is not made
between joint ventures involving capital and cooperation agreements. Perhaps
the most telling figures are those provided by the New York-based U.S.-Cuba
Trade and Economic Council, which receives the official cooperation of the
Cuban government.(FN5) Its updated table on foreign investment to August 1996
shows $5.3 billion "announced" and $751.9 million
"committed/delivered" (providing no explanation for the terminology).
It should be noted, however, that the council has given contradicting and vague
reports in the past.
The tourist sector is perhaps the most visible aspect
of Cuba's push to attract foreign capital--in a growing number of tourist
visits each year and apparently also in terms of investment. Since 1990, the
number of visitors to Cuba has increased 54 percent (to 745 million in 1995),
with earnings rising 75 percent (to US$1 billion). Nevertheless, exultant
reports are often subsequently tempered by reality. Conflicting and confusing
information on investment in tourism is also common. Despite accounts of
numerous hotel joint ventures--particularly with Spaniards and Canadians--data
on actual capital inflow, i.e., direct foreign investment, are unavailable.
Allegedly, joint ventures in hotels tend to be management contracts in which
the foreign partner will put in management and know-how, but hold back the
capital. Plus, the recent codification of the U.S. embargo in the Helms-Burton
law has dampened expectations that it would be lifted soon, opening Cuba to the
U.S. tourist market. The Cuban government, however, claims that more growth is
expected in tourism investments.
Cuba's accounting practices present serious problems
for analysts. Its reporting of foreign investment and other national
accounts--including GDP--does not follow the standards of most countries. The
discrepancy in foreign investment figures provided by the government is
exacerbated by conflicting information obtained in other reports. UNCTAD cites
Cuba, a member of the organization, with accumulated foreign direct investment
of US$40 million in 1994, but the Banco Nacional de Cuba reported foreign
direct investment of 563 million pesos (only US$11 million) in 1994.(FN6)
Contrary to standard practice for the calculation of direct foreign investment,
the data provided by Cuban sources appear to include the following, in addition
to direct capital inflows: (1) foreign contribution of assets or debt-equity
swaps, (2) supplier credits and other financial agreements, (3) foreign
participation in management contracts or production partnership
arrangements--defined as international economic association contracts--subject
to uncertain valuations, (4) in mining, exploitation contracts to service or
expand deposits already mined (with limited component of fresh capital), and
(5) canceled deals and "announced" investments contingent on events
that never materialize, such as a US$200 million deal announced by Mexpetrol.
Given the absence of solid data on direct,
materialized, or net foreign investment, to strike some comparisons we must use
Cuba's reported committed/delivered investment in relation to net direct
foreign investment in other developing countries. From a sample of eighteen
developing countries, only Bulgaria reports a lower number. Moreover, Cuba
pales painfully in comparison with the two countries in Latin America with
comparable populations; in a similar five-year period Ecuador had approximately
two-and-a-half times more net foreign investment and Chile more than seven
times Cuba's presumably overstated amount. In an even more poignant contrast,
between 1990 and 1995 materialized foreign investment from only one South
American country in another--Chilean investment in Argentina--was 69 percent
higher than the investment from the whole world reported by Cuba.(FN7) Despite
the secrecy and contradictions surrounding actual figures, even the Cuban
government has expressed disappointment with the results of its campaign. And
the 1996 Helms-Burton law in the United States is expected to discourage
investment further.
THE INVESTMENT CLIMATE
In spite of Cuba's economic and political situation,
the frequent reports of alleged business opportunities downplay and often
almost completely disregard the high risks of investing in Cuba. Yet reputable
annual risk ratings systematically classify the island as one of riskiest
countries in the world for business. For example, Euromoney's 1995 survey
ranked Cuba behind Somalia, just ahead of Haiti.(FN8)
At the microeconomic level, the decision to invest
depends on the expected return relative to the opportunity cost of the capital
invested. Potential investors must develop cost-benefit analyses that assign
different weights to a distinct set of risk factors in Cuba depending on the
particular industry, line of business, and characteristics of the particular
investment proposal. As confirmed by recent research, in addition to
traditional empirical factors--demand growth, the depth of the financial
sector, openness to international trade, fiscal deficits, price stability,
human capital formation, and so forth--private investment patterns in
developing countries are determined largely by overall country risk. In these
countries, moreover, macroeconomic and institutional factors, such as
vulnerability to external shocks, external indebtedness, complements between
public and private investment, and shifts in income distribution, weigh heavily
in a determination of country risk. Cuba fares very poorly in both traditional
and particular variables, making country risk very high. This explains why the
island generally has been unsuccessful in attracting foreign investment and why
the amounts invested by those who do participate are very low and their
return/recovery requirements very high.
Scouting investment opportunities and actually acting
on them are two very different things. The gap between high expectations for a
new market and the actual result of due diligence analyses can be very wide.
This has been the case since Vietnam's economic liberalization and the lifting
of the U.S. embargo. In Cuba, Creditfinance Securities Inc., a Canadian
investment firm, opened an office in 1993, looking to be part of the
"avalanche" of expected investment. After analyzing many projects
during two years of negotiations with the government, it retreated amid reports
of too many obstacles to completing effective transactions, including a lack of
cooperation and constant changes in the investment policy. The Catalan group
Guitart, which took options in a large number of hotels, also is said to have
withdrawn because of the island's "increasingly frustrating"
political climate. No matter how high the adrenaline rush at the prospect of an
apparently enticing new market, even Cuban officials recognize that the island
presents a highly risky business climate for investors.
Despite an upward trend in private investment in
developing countries,(FN9) the fierce global competition for a vast but limited
pool of capital funds underscores the need to realistically evaluate Cuba's
ability to capture investment. To compensate for its shortcomings, it appears
that investment authorizations will continue to include enticing inducements
such as ample flexibility in the negotiation of terms, expedient capital
recovery, attractive pricing, tax holidays, and 100 percent repatriation of
profits.
The following dicusion touches on some of the major
risks and problems associated with investing in Cuba.
THE CONDITION OF THE CUBAN ECONOMY AND ITS
PROSPECTS FOR RECOVERY
In the last years of Soviet communism, Cuba is said to
have been receiving Soviet aid of up to $6.7 billion a year. It has been
calculated that the Castro regime received $100 to $150 billion in aid from the
Soviet bloc over three decades, this in addition to at least $1.2 billion a
year in military assistance. That is more aid than the United States provided
to the whole European continent through the Marshall Plan after World War II.
After 1989, with the fall of communism in the Eastern Bloc, the loss of Soviet
subsidies and assistance provoked a dramatic economic collapse in Cuba. By
1993, its economy had contracted by approximately 70 percent, with a huge drop
in both exports and imports. By the end of 1995, it was estimated that 80
percent of the island's productive sector was paralyzed. In March 1990, the
government was forced to announce a series of austerity measures within the
context of a "Special Period in Time of Peace." Topping off an
already dire picture, the island has been shut out of international credit
markets since 1986 for defaulting on its hard currency debt of US$10.5 billion
with Western financial institutions. In addition, it owes $14.6 billion rubles
to the former Soviet Union (between US$20 billion and $25 billion).
To deal with the crisis, beginning in 1989 the
government started to actively seek foreign investment, initially presenting it
as a temporary measure centered on developing tourism. That was the beginning
of a series of changes. A reform process started in earnest in late 1993, with
the legalization of the holding of dollars, and was followed by number of measures:
the authorization of certain categories of self-employment; the reorganization
of land use to allow agricultural cooperatives to sell production in excess of
quotas in free markets; the introduction of income taxes; the authorization of
free markets for certain scarce consumer and manufactured products; the
introduction of a convertible peso; and fiscal deficit-reduction measures such
as the reorganization of the state bureaucracy, subsidy cuts for state
enterprises, health, and education, and price increases for certain products
and public services.
The reforms appear to have produced positive effects.
The decline was arrested in 1994, when annual growth of 0.7 percent was
reported, followed by growth of 2.5 percent in 1995 and 9.6 percent in the first
six months of 1996. But after 1994 the pace of liberalization slowed
considerably amid signs of the leadership's unwillingness to continue opening
up the economy. Plus, substantial spending, as a proportion of GDP, continues
to be allocated to the internal security apparatus. For the first half of 1996,
Minister Carlos Lage (vice president of the Council of the State, secretary of
the Executive Committee of the Council of Ministers, and considered Cuba's
"economic czar") recognized that Cuba's financial situation remained
negative and reported a decrease of 7 percent in export prices together with a
rise of 13 percent in import costs. Cuba's 1995 GDP of 13,125 million pesos, if
translated into U.S. dollars at free market rates, would be equivalent to a pitiful
US$596.5 million. To put this into context, sales of chopped bag lettuce in the
United States in 1996 amounted to over $1 billion, twice Cuba's reported GDP!
Regardless of the apparent improvement in a critical
situation, an economy that has suffered a decline of such magnitude could
bottom out but still take decades to recover its previous economic level. And
the former level left much to be desired. Although Cuba had received
substantial foreign capital via international bank credits, even at the height
of its advantageous economic relationship with the Soviet Union it suffered
shortages of food, clothing, and many basic products. In fact, its economy
during the Castro period has simply been incapable of producing to cover its
needs. It was able to survive an earlier collapse only because of massive
Soviet support, actually defaulting on its external debt even before Soviet
assistance ended.
In light of Cuba's daunting experience, the obvious
conclusion is that its severe economic decay is a result of the failed model
adopted by its leadership. Socialist central planning has a recognized record
of failure to generate sustainable growth and material prosperity. It has
proved inherently inefficient and has been characterized by fraud, corruption,
theft, and the blocking of individual initiative; it has been beset with
irrational and complex regulations and norms, devoid of concepts such as
self-responsibility, efficiency, and incentive, and plagued by poor
organization, low productivity, and inflexible centralized decision making
disassociated from the forces of supply and demand. Developing countries that
have implemented successful macroeconomic stabilization programs and structural
reform of legal and regulatory regimes have captured the bulk of global foreign
direct investment. But despite the dismal state of the Cuban economy,
structural reform of consequence remains vetoed for political reasons. Economic
viability is unrealizable until profound changes are implemented.
THE LEGAL ENVIRONMENT AND THE FOREIGN
INVESTMENT REGIME
The UN's special rapporteur for Cuba has stated that
its system of administering justice "is mainly at the service of the
prevailing political system."(FN10) Reports by international human rights
organizations detail many of the problems embodied in Cuba's legal system.
Deficiencies include the subordination of the judiciary and attorney general to
the executive and legislative powers, the absence of due process, and the lack
of impartial trials. Furthermore, Cuba's foreign investment regime is direly
deficient in comparison to the regulatory framework of most developing
countries. Its Foreign Investment Law, amended in September 1995, has serious
shortcomings and forces investors to accept riskier business regimes than are
available in most countries. Among the problems for investors are the
following:
Very high exchange and transfer risk and unavailability
of foreign exchange hedging alternatives.
Restricted liquidity of investments. Limits on exit
strategy are considerable.
High risk of reversibility of investment agreements
amid unreliability in the government's commitment to capitalism. Depending on
how the Foreign Investment Law is interpreted, joint venture agreements may be
terminated by the Cuban government essentially at will, without due process or
adequate compensation. Cuba has signed investment protection agreements with
nineteen countries(FN11) to diminish fears of expropriations, but troubling
precedents already exist where investments from countries "protected"
by these agreements have been unilaterally canceled, with compensation fixed by
the government. Two particularly disturbing reports involve investments from
Spain, which under the government of Socialist Felipe Gonzá:lez had close ties
with Castro.(FN12) In 1995, amid a climate of concern, Cuban government
officials finally admitted to have canceled the licenses of "dozens"
of foreign firms operating in Cuba since 1992 because of "corrupt
practices."
The government's erratic commitment to capitalism
concerns investors. Apprehension is fueled by repeated statements against
capitalism, continued expressions of commitment to Marxism-Leninism, and the
slow pace of reform. While the text of the foreign investment law is free of
the typical ideological language of most Cuban laws and regulations, the
National Assembly passed an accompanying statement stressing that Cuba's
economic opening "is to defend and develop socialism" and "is
not inspired by neoliberalism nor does it aim for a transition to
capitalism." Foreigners have also expressed concern that making money is
considered a crime. A May 1994 law against "excess profits" has been
severely applied to Cuba's new capitalists and to successful private
restaurants and taxi services. Additionally, there is fear that the government
could grow comfortable with the economic improvement, reversing reforms.
Analysts have pointed to a pattern of implementing reforms until their results
create ideological contradictions deemed intolerable by the leadership,
prompting their reversal.
Potential claims on confiscated properties and the
threat of U.S. sanctions. Land and properties subject to confiscation claims by
former owners are made available for business transactions with foreign
investors by Cuba's government. Claims of Cuban citizens alone are estimated at
around US$7 billion. Several governments with small amounts of confiscated
properties (including Switzerland, France, United Kingdom, Italy, Canada, and
Mexico) have negotiated compensation agreements, reportedly with very low
settlement payout ratios. But for the United States the Castro government
seizures represent the largest confiscation without compensation by a foreign
government in its history. Registered claims of its citizens and corporations--assumed
by the U.S. government--total $1.8 billion, amounting to over $5.2 billion in
1993 with interest accruing at 6 percent annually. In March 1996, the
Helms-Burton law was enacted giving U.S. citizens with valid claims the right
of action in U.S. courts against investors who knowingly traffic in their
confiscated properties, enabling restitution procedures against those investors
who also hold assets in the United States. The law also declares the exclusion
of "traffickers" and their immediate families from entry into the
United States. Although both provisions are being denounced and contested as
extraterritorial in certain international frameworks, it seems doubtful that
they could be unilaterally overridden.(FN13)
It appears that the Helms-Burton law has discouraged
investment. A number of companies are reported to have put the brakes on
investing in Cuba,(FN14) European banks have refused to extend credits for
Cuba's 1997 sugar harvest, and twelve firms have informed the U.S. State Department
of disengagement from activities involving potentially confiscated U.S. assets.
Reports of stricter due diligence by investors have been received, in many
cases with demands that the Cuban government certify that the targeted
investment is clear of U.S. claims. Cuba and a few other countries have passed
laws designed to counter the effects of Helms-Burton, but Minister Carlos Lage
has acknowledged that Cuba's chances of attracting investment have been
reduced. The issue of claims, however, has repercussions which go beyond the
Helms-Burton law. Two certified U.S. claimants--Procter & Gamble and
Consolidated Development Corporation--have recently challenged two joint
ventures in Cuba irrespective of the right of action granted by the
Helms-Burton law.
Severe administrative and infrastructure constraints
affect profitability and efficiency. Obstacles for investors include excessive,
irrational, and complex regulations; the absence of such concepts as
self-responsibility and managerial efficiency; poor management, auditing, and
accounting practices by the Cuban partner; inability of the Cuban economy to
supply inputs; restriction on sales to the local market; the chaotic state of
Cuba's infrastructure--electricity blackouts, power shortages, and poor public
services, extremely deficient telecommunications infrastructure and public
transportation--and unavailability of domestic credit.
Uncertainty and hassles surrounding the approval
process for investment projects. The negotiation of investment agreements is
generally conducted on a case-by-case basis. Apparently, paying bribes, wining
and dining, and/or giving gifts to prospective Cuban partners are common
practice. In addition to higher costs, this increases legal risks.
Inability to hire workers directly. By law, foreign
joint ventures must employ workers hired by a special state employment agency.
This causes two major problems:
* Workers are paid in Cuban pesos at a minimal fraction
of the hard currency wages the employment agency receives from the joint
venture; salaries equal what workers in state enterprises earn for equivalent
or similar jobs. (In the tourist sector, a sizable portion of tips must be
turned over to the Cuban management.) The amount fixed for wages by the Cuban
state for the "use of labor" is very high in comparison with most
emerging countries.(FN15) To keep workers motivated and compensate for salaries
with minimal purchasing power, foreign firms offer direct incentives--bonuses,
gifts, transportation, and meals--increasing the already uncompetitive cost of
labor. Theft nevertheless remains a huge problem.
* Hiring by the state employment agency is subject to
patronage and cronyism, and workers are screened for ideas and behavior deemed
contrary to official ideology, potentially limiting access to the most capable
and experienced workers.
Potential claims for environmental restitution. Experts
believe the government could manipulate Cuba's environmental law as a political
tool at its discretion. Environmental damage could be used as legal
justification if a joint venture is suddenly deemed undesirable. Furthermore, a
postrevolutionary government could penalize foreign investors by seeking
environmental restitution.
SOCIOPOLITICAL RISKS
Absence of stability and mounting sociopolitical
ferment. Investments in Cuba have limited country and political risk insurance
alternatives. Aside from the losses that social upheaval and even civil war
would represent to investors, a future democratic government could declare a
review of the terms and conditions of joint venture agreements, even their
annulment, with the potential for expropriation of their assets. Opponents of
the present Cuban regime regard it as a de facto government and challenge its
legitimacy. The rights granted to foreigners in many of the current joint
venture agreements could be declared null, with compensation fixed net of back
wages confiscated from workers, environmental damage, and/or economic
apartheid. Among the cited deficiencies of joint venture agreements are the
fact that inexperienced and/or corrupt government officials are negotiating the
terms and that information on the assets involved is lacking. The fact that
foreign investors are not forced to compete transparently and adequately is likely
reducing the market value of assets and concessions.(FN16)
Social resentment directed against foreigners. The
island's business regime grants access to strategic national interests and
concessions to foreigners while residents of Cuba are precluded from investing,
acquiring property rights, and even visiting tourist hotels. "Health
tourism" offers foreigners exclusive access to top-of-the-line medical
facilities, efficient service, and the latest drugs, while the population is
severely deprived of the most essential drugs and medical services.(FN17)
Doctors, educators, and other professionals, precluded from self-employment,
are said to be earning twenty times less than those linked to the dollar
economy. Discrimination and racism are added to the potentially lethal
combination; ostensibly blacks are being excluded from employment in hotels and
stores catering to tourists (diplotiendas). This system of socioeconomic
apartheid, strictly enforced by the government, has created deep social
resentment against foreign presence in Cuba both inside the island and within
the exile community. Popular anger was already put into sobering evidence
during the August 1994 riot in Havana; a tourist hotel and a dollar store were
picked for attack by the angry mob.
Negative international public opinion. The
international profile of issues related to transnational company ethics has
risen considerably in recent times. Companies are increasingly sensitive to
engaging in business that raises ethical questions and could lead to consumer
boycotts, negative effects on staff morale, and the alienation of political
contacts. In Cuba, three areas arouse particular concern:
* Human rights. Cuba has been condemned by the UN
General Assembly for violating most universally recognized rights and is among
the four worst-ranked nations (together with Iraq, North Korea, and Sudan) by
the Freedom House 1996 annual survey of civil liberties and human rights in 191
countries.(FN18) In late 1995, the European Union refused to sign a commercial
cooperation agreement with Cuba unless it showed advances in this area. Foreign
investors have been specifically denounced for participating in worker
exploitation and socioeconomic apartheid; some have even been signaled for
aiding in repression. The Mexican Grupo Domos has been accused of denying
telephone services to dissidents ("telephone apartheid") and accused
by the New York-based Committee to Protect Journalists of allowing the
telephone communications of independent journalists to be monitored and
interrupted.
* Labor rights. Cuba is frequently condemned by the
International Labor Organization (ILO) for the systematic violations of labor
rights.(FN19) The unique labor system of foreign joint ventures allows the
government to usurp almost the entire value added of workers to the production
process.(FN20) Workers in the tourist sector are subject to a series of
specific duties and obligations, including the extension to 180 days of the
probationary period of new employees, twenty-two new obligations, and forty-six
prohibitions. In addition to the twelve just causes for termination already
incorporated in the Labor Code, these employees are subject to eighty possible
infractions. Disciplinary measures include fines, the loss of material incentives,
and suspension of seniority rights. Refusal to join paramilitary groups has
been regarded as proof of opposition to the government and has led to
dismissals or loss of benefits. The labor practices of foreign joint ventures
recently have been declared exploitative by the International Confederation of
Trade Unions (ICFTU) and the International Regional Organization of Workers
(ORIT), after a visit to Cuba. Public objection is mounting against foreign
acquiescence with and participation in the abuse of labor rights. In the United
States, The New Republic and The Wall Street Journal have recently reported on
the issue.(FN21)
* Environmental degradation. The collapse of the former
Soviet bloc put into evidence the extreme environmental degradation imposed by
improper technology, the prioritization of economic goals, and the
unaccountability of an all-powerful state. Experts find Cuba to be no
exception, and several dissident environmental groups have surfaced in the
island in recent years. Particular concern has been expressed over the
environmental implications of some recent foreign investments, particularly in
tourism and mining. The Canadian company Sherritt's joint venture to mine
nickel at Moa Bay has been specifically cited as presenting disturbing
environmental deficiencies.(FN22)
Industry-specific risks in the tourist sector. Aside
from the prospect of future claims on confiscated lands where hotels now stand,
the tourist sector is particularly vulnerable to political upheaval. Cuban
officials reported that the massive exodus by raft in the summer of 1994
resulted in losses of around US$100 million in canceled bookings during the
last quarter of that year. In addition, repeat visits are diminished by
deficient services resulting from the country's crippled infrastructure, its
difficulties in obtaining imports, lower service standards, the anguish some
tourists experience when confronted with the prevailing poverty, and the system
of tourist apartheid.
FOREIGN INVESTMENT'S IMPACT ON INTERNAL REFORM
The logic for engagement supposes that reform is its
ulterior purpose. To assess the potential of foreign investment/commercial
engagement to bring about reform, we must address its impact in the context of
Cuba's overall economic needs and how it might eventually lead to the
empowerment of the Cuban people--their attainment of self-determination and
universally accepted rights under a rule of law. Michael Peters, in his book
International Tourism, advanced a theory on the effects of tourism and identified
five potential benefits for a local economy.(FN23) Given Cuba's almost four
decades of isolation from foreign influence, it is useful to borrow freely from
Peters to address the overall impact of foreign investment on reform. Four of
Peters's variables have to do with repercussions on the economy: (1) creation
of employment, (2) generation of hard currency earnings, (3) dispersion of
development to other sectors, and (4) multiplier effects. A fifth--sociological
impact--will be analyzed with respect to the other four.
CREATION OF EMPLOYMENT
Foreign joint ventures "officially" employ
60,000 workers. This represents a mere 1.3 percent of the estimated working-age
population, or 1.87 percent of the estimated employed population.(FN24) With
the unemployed said to be over a million, this is not significant in
alleviating Cuba's grave unemployment crisis. In fact, the state is actually
blocking opportunities for the creation of more jobs. Its refusal to allow
other buyers to bid for this important input of the production process
eliminates international and internal market forces that determine the price of
labor competitively. By fixing an artificially high price for labor in foreign
joint ventures, the government actually discourages and limits optimal
employment by foreign capital firms (given the conditions of the market, the
cost of labor would most likely be lower). Furthermore, the limited number of
jobs sought by a huge pool of workers in the most desirable sector of the
economy actually reinforces the need to play by the government's rules. As a
result, as an element of empowerment, the employment aspect of foreign
investment looks relatively meaningless and in some respects detrimental.
GENERATION OF HARD CURRENCY EARNINGS
Assuming that Cuba actually had the US$751.9 million in
investment, as reported by the U.S.-Cuba Trade and Economic Council (see table
1), and assuming a return of capital of 33.3 percent per annum,(FN25) a 50/50
partnership would generate net earnings of US$248 million per annum--US$124
million for each partner. But this equals merely around 2 percent of the
roughly US$6 billion Cuba is said to have received in annual Soviet aid. (Since
the level of foreign investment is presumably overstated, results would
actually be lower unless a higher capital return ratio were factored in.) In
fact, Minister Lage has indicated that for 1995 Cuba's net income from foreign
joint ventures was only US$114 million, representing 3 percent of the country's
net income. Assuming this is income derived from operations, the government
should have obtained an additional US$97.5 million in tax revenues for a total
of US$211.5 million.(FN26) But whether the cited total represents earnings
before or after taxes, given the huge gap left by the loss of Soviet aid,
neither sum would constitute an encouraging profit for Cuba. The impact of
tourism--the fastest growing sector of the economy--seems significant. In 1996,
Castro declared that tourism brought in an even larger gross revenue than the
sugar industry. But net revenues for this sector are said to be low, due to its
high dependence on imports, hefty promotional discounts, and the number of
obstacles that hinder efficient operations. Analysts explain that Cuba's
government statistics on average tourist expenditures make no sense compared to
other more developed tourist markets of the Caribbean.
The wage retention arrangement is the guaranteed and
most lucrative source of hard currency earnings for Cuba from foreign joint
ventures, generating income for the state irrespective of whether the
enterprises operate profitably or not. The government appears to be
appropriating around 98 percent of the total value added of labor in the
production process of foreign joint ventures--in the case of specialized and
highly skilled workers, even more. A Cuban-Brazilian joint venture producing
cigarettes is reported to pay the state employment agency US$3,000 per month
for its manager, who in turn receives $380 pesos (US$17.27), a confiscation
rate of 99 percent, leaving the government US$35,792 in annual revenues. A
mechanic at the plant receives $350 pesos while the employment agency gets
US$916. Likewise, the employment agency is reported to receive US$2,700 for a
geologist employed in Sherritt, while the geologist receives the equivalent of
US$10 (at a wage confiscation rate of 99.6 percent), providing the state a
return of US$32,280 per year. Earnings from wage confiscation may, in fact,
total more than three times the net earnings from operations for 1995. With
60,000 workers in the foreign sector, the state could be making in wage
conversion alone an estimated US$26.5 million per month, equivalent to around
$317.5 million per year. In addition, labor utilization taxes and social
security contributions leave the state an estimated US$33 million per month,
equal to US$396.8 million per year.(FN27)
The confiscation scheme is obviously detrimental to the
workers, reported to be receiving an average monthly salary of $202.5 pesos
(US$9.20). This--the average wage for all Cuban workers, including joint
ventures--translates into US$2.19 per week, equal to US$0.44 a day or 5.5 cents
an hour, which could be the lowest in the world.(FN28) Economists in Cuba have
estimated that to buy goods at free market rates workers on the average peso
salary ($202.5 pesos) have to labor 116 hours to purchase 1 kiloram of powdered
milk, 70 hours for 1 kilogram of chicken, 13 hours for one lightbulb, and 500
to 1,700 hours for a pair of shoes.(FN29) Workers in the tourist sector are
better off than workers in other joint ventures, primarily because of foreign
currency tips. Although they are required to turn over up to 75 percent of
their tips, receiving an equivalent sum in pesos calculated at the official
one-to-one rate, noncompliance with rules on tips is reported to be high
(although it may lead to termination of employment).
Despite the poor wages, the material conditions of
workers in the foreign enclaves is better than those of the rest of the
population, making jobs in this sector the most prized. Foreign enterprises
have found resourceful ways to compensate workers--bonuses, gifts,
transportation to work, meals, and in some cases, clothes. In the tourist
sector, in addition to getting tips, sometimes hotel workers are able to eat
the food served at the restaurants and are allowed to convert tips into
leftover food. On a positive note, some of these benefits have recently carried
over to other areas, as the government has started to provide incentives for
non-joint venture workes to compensate somewhat for the growing inequalities
arising from the dollar-peso dual economy. Approximately one million workers,
25 percent of the labor force, are estimated to be receiving some form of
payment in dollars or convertible pesos as rewards for meeting or exceeding
work quotas. Still, those workers remain dependent on the state.
The informal incentives provided by joint ventures
provide a significant measure of relief to the workers, given the desolate
state of their lot. Its importance for the favored individuals, from a humane
perspective, should not be underestimated, but at a systemic level, its overall
impact on empowerment is trivial. It is important to recall that, because the
jobs are more precious, those employed by joint ventures have more incentive to
"behave." Therefore, any material improvement in the situation of
workers is at the expense of even greater political compliance and economic
dependence on the state.
Clearly, the Cuban government is the main beneficiary of
the hard currency earnings derived from foreign investment. These are
especially valuable for regime security during the "Special Period"
of austerity. Nevertheless, in relation to the huge needs of the country, hard
currency earnings derived from joint venture foreign investment, estimated at
roughly $608.3 million per year--10.1 percent of one year's estimated Soviet
assistance--cannot come close to enabling a significant improvement in the
economy with meaningful trickle-down effects.(FN30)
To explain the rationale underlying the foreign
investment environment, it is assumed that investors are being offered deals
with very enticing terms. Given the traditional premise that the higher the
risk the higher the required return and Cuba's comparatively excessive labor
costs, many analysts assume that Cuba's desperate situation is forcing a
"fire sale" of available assets. Only that would allow the investor
fast capital recovery through the generation of high earnings and also produce
important benefits for the Cuban partner--a state in desperate need of
revenues. Therefore, despite the peculiar deficiencies of Cuba's investment
climate, foreign investors are interested in the survival of the current Cuban
government and its investment agreements for the minimum period required to
secure capital recovery--indefinitely to generate a stream of profits. In fact,
due to their nature, the conditions and terms for the generation of earnings
actually appear to reinforce the vested interest both of the state and of
foreign investors to preserve existing joint venture arrangements. These have
been designed to maximize short-term benefits for the partners in the context
of a command economy and a closed political system.
MULTIPLIER EFFECTS
The multiplier effects emanating from worker
remuneration are limited because of wage confiscation and the low level of
employment in joint ventures.(FN31) In terms of empowerment, advances are
probably most perceived by the population in the informal and self-employed
sectors, some of which service the foreign-generated economy. Castro himself
has acknowledged the impact of tourism on employment, indicating that it
supports (not employs) two million people. But the government has imposed steep
taxes and fees to "redistribute" individual gains, canceling out most
of their effect.
In late 1996, the Cuban foreign investment minister
confirmed that more than three-quarters of joint ventures and economic
associations with foreigners involved investments no larger than US$5 million.
The government has confirmed that these partnerships are typically in the
export-oriented sector, or are concentrated in support businesses to foreign
tourism or in extractive industries such as nickel and petroleum exploration.
The impact on overall domestic production--furnishings, food, supplies, and so
forth--is insignificant, as the government refuses to allow Cubans to set up
small or medium-sized businesses to supply even the tourist sector. This makes
it obvious that, from the Cuban state's standpoint, the rationale for foreign
investment is to prioritize political necessities over structural economic
reform while extracting immediate economic gains to face a monumental crisis.
From the standpoint of the investor, the high-risk environment imposes an
essentially speculative and short-term rationale for the payback of the
investment and the generation of profits, fostering limited initial
capitalization (exposure) with a focus on recovery instead of reinvestment, and
restricting the typical multiplier benefits to the local economy. This is
contrary to the economy's need for capitalization--that which enables the
creation of domestic savings and spurs internal growth. Consequently, the
nature of foreign investment in present-day Cuba is incompatible with stable
and long-term economic growth and a poor precursor of reform.
DISPERSION OF DEVELOPMENT AND DISPERSION
DISTORTIONS
Foreign investment can be associated with a
sociological dispersion effect on the general population similar to Peters's
"demonstration effect on consumption"(FN32)--foreign consumption
patterns, dress style, access to technology, vehicles, restaurants, and so
forth--and accompanying idiosyncrasies. More important, foreign joint
ventures--in addition to the self-employment sector--provide a living example
of an alternative to the official, centralized command system and affirm market
worth based on tradeoffs. Their profitable operation can help dispel the myth
that decades of socialism have eliminated private initiative and
entrepreneurship, demonstrating that the citizens can react positively to the
pursuit of private gain and that economic relationships outside the official
sphere can operate efficiently. When juxtaposed with the administrative setting
of prices, this can underscore the efficacy of decisions based on supply and
demand and profit orientation--which could lead to demands for eliminatation of
senseless regulations and restrictions and other reforms. Precisely because the
second economy creates avenues for civil society to manifest itself as distinct
from the state, the people's eager embrace of capitalism has scared the Cuban
leadership. Following the success of free markets, vendors are regularly swept
away, and many small restaurants (paladares) are often shut down, demonstrating
the government's fear that the creation of increasingly independent economic
agents may dilute the formal power structure.
Foreign joint ventures could also lead to technocratic
metamorphosis,(FN33) the transformation of a select few "enlightened"
state technocrats linked to foreign capital into potential agents of change.
Presently, these state pseudo-technocrats(FN34) must carry out a dual role--one
as party apparatchiks demonstrating continued ideological commitment to the
system, another as agents of reform, cognizant that radical economic changes
must be implemented and that in time they will be forced to survive in the
market. This deceitful game of survival makes it difficult to assess
expectations of their psychological transformation or political trajectory from
socialism to the market. The key for reform, however, is their eventual
attainment of any degree of significant influence to bring about change. As of
today, their influence appears utterly dependent on and under the control of
the state. Minister Carlos Lage has underscored the nature of their role:
"In these existing joint enterprises the Cuban managers are not
capitalists or the owners of those facilities. They are members of the
Revolution performing the task assigned to them by the Revolution."(FN35)
Paradoxically, although many in the leadership seem
already to be positioning themselves for change, they may actually be creating
greater self-incentive to preserve the regime that allows them their exclusive
privileges, which they would rationally seek to protect. As in most former
Communist states, a system of privilege based on political allegiance has acted
as an instrument of control of the nomenklatura and, to varying degrees,
permeates different levels of the technocracy. In fact, state technocrats may
share with those outside the elite who benefit from the second economy but have
vested interests in preserving the status quo.(FN36) The role of state
technocrats in enabling reform must, therefore, be carefully assessed.
A "make-over" of the technocracy, however,
seems more consequential when a transition is actually underway. In theory,
these technocrats carry the seed for the emergence of an entrepreneurial class
psychologically prepared for the transition to capitalism. They could add a
level of experience that could quickly turn away from revolutionary rhetoric,
fully embracing the ways of the market and benefiting the privatization
process. But the development of this new socioeconomic segment also breeds
destructive societal forces. This may be particularly dangerous during the
typically chaotic phase of a transition, when Cuban managers of foreign joint
ventures would be in a position to assume undue power and control. Professor Gunn-Clissold
of Georgetown University has indicated that the extremely high concentration of
resources in the state sector and the centralized nature of the management
system place a greater amount of power in the hands of government officials of
socialist countries. The transition to a market economy creates opportunities
for the nomenklatura to ransack what they can from the chaos of
disintegration.(FN37)
In fact, Cuba's brand of capitalism is already
harvesting destructive societal aberrations that impede the eventual
establishment of a framework to achieve social order and a rule of law. The
creation of a worker elite, particularly in the tourist sector, is causing
friction with the rest of the population and fueling sociopolitical tensions.
The government-controlled monthly rationing system is said to provide the
caloric intake for survival for approximately only half the month. The rest of
the time, the population has to make do however it can. Those who have dollars,
approximately 40 percent of the population at any given time (although only
occasionally and in small amounts), can go to state-run shops to buy goods
virtually unobtainable with their ration books or in peso stores, although they
are wildly expensive. Those who don't must turn to the "informal"
economy, which touches most of life and breeds pilferage, corruption, and
theft. Common are anecdotes of girls prostituting themselves for a dinner at a
dollars-only restaurant or a pair of jeans. The government has attempted to
iron out the inequalities by redistributing wealth through taxation, but
nationalistic resentment is festering, even among high government officials.
A worrisome concentration of financial resources is
taking place. A new class has been born similar to the post-Soviet Russian
mafias. Cuban yuppies or "new rich," black marketers and individuals
who, thanks to the liberalization of certain markets and the emergence of
officially sanctioned enterprises, command large amounts of financial resources
and consume conspicuously.(FN38) The uneven distribution of existing wealth is
evidenced by the fact that 59 percent of deposits in the Banco Popular de
Ahorrro are reportedly in the hands of 10 percent of the depositors, who hold
80 percent of the cash. The "privatization" of financial resources
and capital is particularly obvious among the ruling elite, especially within
the Cuban armed forces, which has access to the market, co-opting the benefits
of capitalism. Officially established quasi-private or private Cuban companies
have emerged, run and owned by the elite with foreign participation. Most
service the tourist sector; marinas, hunting lodges, spas, and small hotels
built for the military and the party are used to generate foreign exchange from
tourists. The identity of the Cuban shareholders, the origin of their capital,
and their earnings are shrouded in secrecy.
The lack of equity in the privatization process taking
place with foreign investor participation excludes most of the non-militant
population, leaving the elite poised to take over a "reformed" Cuba.
This may cast serious doubts on the legitimacy of property rights for a long
time, creates the perception in the population of the nature of private
property as predatory (reinforced by decades of Marxist education and
rhetoric), and hinders the eventual adoption of a stable free market
democracy.(FN39) The singular arrangements designed to gain access to foreign
capital, through the leadership-contained, quasi-capitalist mechanisms, could
best be characterized as co-opted or distorted dispersion of development.
Indeed, the current situation in Russia offers a noteworthy lesson.(FN40)
Undoubtedly, the emergence of a state-sanctioned
capitalist sector, albeit controlled, has revived the entrepreneurial spirit of
the Cuban people, who are being exposed to the ways of the market for the first
time in over three decades. Cuban managers and workers in joint ventures
witness the capitalist work ethic and the laws of supply and demand,
competition, and efficiency at first hand, and the population at large does so
indirectly. Nonetheless, if this were generating a widening of understanding,
the crucial issue should be, Can it, or when does it, actually lead to
reform/empowerment? For dispersion effects to have any meaningful impact, the
premise that people can make economic decisions seems somehow implied. In a
repressive regime, under which individuals or groups lack the capacity to
implement change, empowerment seems independent of their psychological
disposition.
Cuba's enclave system of foreign joint
ventures--captive to the nomenklatura, concessionary to foreigners, and lacking
transparency and competitiveness--poses an intrinsic negation of the
theoretical foundation of the capitalism that has been successful--or at least
viable--in Western societies. As conceived by Adam Smith, capitalism thrives
only when restrained by a system of values and a panoply of well-designed
institutions that allow the market to unleash forces of progress while they
control its worst consequences.(FN41) While dispersion effects of capitalist
elements theoretically challenge the prevailing economic and political order,
in present-day Cuba these are confined by the existing framework. As a result,
a political constraint inherent in Cuba's current system prevents meaningful
socioeconomic and political empowerment and forestalls the release of forces
that could generate economic recovery and viability in a proper environment and
a climate of internal peace. In its present form, foreign investment in Cuba is
not helping to release those forces, but rather appears to assist in their
containment.
THE DEBATE ON ECONOMIC DETERMINISM AND
POLITICAL REFORM
The notion of economic determinism is implicit in the
argument for commercial engagement. It holds that economic development will
bring about, or is a natural precursor to, political development, generally
understood as that of a modern, westernized, democracy. It is argued that as
people acquire economic rights or grow richer they demand more political
rights, while their government gradually becomes more incapable of denying them
those rights. But in reality the cause-effect dynamics of the political and
economic realms open the door to a complex and subjective analysis of history
and human behavior that we can only attempt to address superficially.
We are urged to discuss economic growth briefly. Much
debate about economic growth has been centered on analyses of quantifiable
ratios instead of focusing on government policy or on the role of government as
a motor of development. Although this aspect is fundamental to growth, it has
been addressed empirically only recently. Worldwide studies are starting to
provide evidence that government choices are primary to economic growth. The
implication of the neoclassical theory that higher investment should mean
faster growth is corroborated by data, but the data also shows that investment
is not enough by itself. The problem is not so much a lack of resources, but an
inability to use existing resources well.(FN42) For instance, Communist
countries have had extraordinarily high investment, but because they are
burdened with bad policies, they have failed to turn this into high growth.
This offers a rationale for the pattern of worldwide
growth at the heart of which are economic policies and institutions centered on
competition and incentives. In a purely economics-based conceptualization of
reform, it appears that investment is not able to generate significant or
sustainable growth in the absence of a proper framework. And Cuba's framework
is clearly inadequate. The Heritage Foundation's 1997 Index of Economic
Freedoms ranks Cuba number 148 out of 150 countries surveyed, just ahead of
Laos and North Korea.(FN43) The index evaluates key areas, such as trade,
monetary and banking policies, taxation, government intervention, property
rights, and regulatory environment. Because in Cuba economic freedoms are
perceived as subversive of the prevailing order, the imperative of regime
survival bars the establishment of a proper and enabling model, inherently
limiting the country's capacity to achieve economic growth.
Historical experience suggests that democratic systems
are better suited to create the conditions for economic and political
development, a proposition that is in effect the reverse of economic
determinism, but which is empirically more conclusive. The Economist, citing a
90-nation study, reported that there is a close correlation worldwide between
political freedom and prosperity.(FN44) Across scores of countries and
centuries of history, democracy has promoted growth far more effectively and
consistently than any other political system. Nearly all of the world's richest
countries are free (meaning, among other things, democratic), and nearly all of
the poorest countries are not. This study attributes to property rights the
security that is necessary for capitalistic progress, proposing that the
exercise of political freedoms within a context of economic freedom may lead
people and firms to behave as if those freedoms will endure. Dictatorships are
incapable of credibly promising that the economic freedoms created by their
policies will endure. Implied is the suggestion that economic development is
not properly sustained without political development. In this respect, Cuba,
obviously, is not on the right track.
It has been asserted that a multiparty democracy is
best suited for, or more likely to succeed in, countries that have already
achieved certain levels of development. The problem of extrapolating this logic
to Cuba is that most fundamental economic prerequisites of development have yet
to be established--private property, an efficient system of taxation, a banking
and capital markets sector, a middle class, and so forth. Because the level of
Cuban reform is so primitive, and economic rights have not been atained by the
people, this plane of theorizing does not seem relevant. As a result, it might
be inferred that the move toward reform is fueled by the level of economic and
political freedom attained by a society at a given time, measurable by
variables such as private property, taxation, freedom of press, and wages. This
level is attained when a framework is put in place that can reach the critical
point at which it fosters its own evolution. Once again, Cuba is far from such
a stage.
To attempt a better understanding of the relation
between economic and political reform in Cuba, it is imperative to uncover not
only the apparent, but also the more subtle dynamics of this relationship. Part
of the problem in correctly interpreting Cuba's reform process may have to do
with the marked contrast between what the government portrays to the outside
world and what it says and does inside Cuba. To the world, and particularly to
foreign investors, its highest officials have tried to sell Cuba by depicting
its process of liberalization as a search for "an achievable utopia,"
"a new and unique model," "where political reform is not
excluded" and "socialism has adapted to new world conditions with
some elements of the market." This amorphous definition of intentions is
interpreted by eager observers as an exciting transition to a market-based
economy.
In actuality, the Cuban leadership has avoided
comprehensive reform and remains well aware of the threat that reforms convey.
Castro continues to decry capitalism and has declared emphatically that Cuba
cannot take the risk of repeating the mistakes of the former Soviet bloc. The
leadership has repeatedly confirmed its resolve to defend the political status
quo and preserve the Marxist-Leninist ideology, the socialist economic system,
and the revolution--whatever it may represent today. Changes on the economic
front have been justified as necessary evils to secure economic survival
without a loosening of political control. (This is typically packaged as the
"need to preserve the 'achievements' of the Revolution.") In August
1995, the president of the State and Ministerial Councils clearly stated the
government's intentions; these are strangely reminiscent of Lenin's New
Economic Plan to advance Communist ends through capitalist means:(FN45)
"during many years we fought against foreign investment ... however, in
the current situation we could not do without foreign investment at a higher
level, because we needed capital, technology and markets.... We took this path
because this was the only alternative ... the key of all this is the issue of
power. Who has the power? That is the key.... Transition to capitalism? There
will be no transition to capitalism."(FN46)
In the final analysis, assumptions and vague
generalizations on Cuba's reform process have to be tested against reality.
Within the context of Cuba's liberalizing measures and its opening to foreign
investment, the question of externally generated pressure for reform should not
miss the crucial point. With respect to Cuba, as with other totalitarian
systems, the root issue is how can it, or will it, actually lead to change? We
have not seen such cause-and-effect nor has it been proved inevitable. Indeed,
perhaps the most telling measure of engagement's outcome is that it has failed
to produce tangible payoffs despite Cuba's normal commercial and political
relations of many years with most countries. The executive director of Human
Rights Watch recently concluded, "Any improvement in the island's economy
which may have resulted from the arrival of European investment has not been
matched by any greater opportunity for civil society."(FN47) This is
possible because mechanisms of control operate and remain effective at all
levels. In fact, sophisticated tactics of repression have emerged to counter
potential erosions of power and break down the growing internal opposition
without provoking a worldwide outcry. New forms of institutionalized violence
based on popular mobilization have been introduced,(FN48) and dissidents are
habitually threatened and harassed, intermittently imprisoned, and coerced to
leave the country in lieu of the long jail terms of the past. Aside from the
mechanisms of control embodied in the Foreign Investment Law, specific measures
are taken in the foreign sector to curtail the emergence of an empowered second
economy (including prescreening applicant workers for "revolutionary
behavior," requiring that hotel management commissions have Communist
Party representatives, and targeting workforce reductions at employees of
certain political views).
Another factor that contradicts a deterministic
cause-effect in the notion of engagement is the possibility that if economic
pressure diminishes on a leadership bent on self-preservation, the need to take
such high risks may be eliminated. Thus, when economic measures bring relief,
their success may actually discourage more reform. Indeed, the argument has
been made that foreign investment has been used as a means to avoid or postpone
necessary changes rather than acting as an agent in support of reform.
Given the depths of the economic and social crisis that
Cuba has already endured without an aftermath of consequence, it seems highly
improbable that any further internal discontent will make a difference. This
was poignantly proved when the regime abandoned Communist orthodoxy, which
entailed an enormous loss of legitimacy. The emerging and powerful
contradictions to the egalitarian socialist ethos--the debacle on the
ideological front, the shocking economic failure of the socialist model, the
blatant inequalities of selective capitalism, and the severe hardships that
have befallen the population--have not generated a change in the repressive nature
of the regime. As long as the regime retains the means of control, it looks as
if the instruments of legitimization can be manipulated. Moreover, because in
Cuba power is strongly centralized and forcefully exercised, and decision
making is very vertical, market forces--which operate spontaneously and in a
decentralized manner--is inherently constrained. A systematically repressive
apparatus thus appears to have tremendous impact on the feasibility and timing
of political change regardless of economic reform. When the leadership is
committed to survival at all costs, regime legitimization is not the issue; the
issue is capacity to exercise control. Because regime survival is rationally
prioritized over other goals, including economic recovery, foreign investment
in Cuba is in essence hostage to the prevailing dialectic. On that account, the
main theoretical argument for engagement is essentially flawed at the core.
Particularly in the aftermath of the February 1996,
forceful crackdown on the internal dissident movement, reform in Cuba seems a
distant illusion, as the leadership's priorities have been forcefully
reasserted.(FN49) This was confirmed by Raúl Castro's speech of March 1996,
which delivered a forceful blow to moderates and reformists within the
leadership, and the July 1996 enactment of a Code of Ethics for Party Members.
The precariously organized dissident movement continues committed solely to
peaceful change and has been kept fragmented and repressed by State Security.
With the pervasive control of State Security, in allegiance with and dependent
on regime survival, it seems unlikely that the population, too busy struggling
to cover its basic needs, would attain means to organize an effective
opposition movement. Consequently, little change can be expected short of a
dramatic and unexpected turn of events.
IMPLICATIONS FOR FOREIGN POLICY
FORMULATION
Commercial engagement generates the creation of vested
business interests rationally bent on self-preservation, inclined to override
objectives irreconcilable to it goals. Because business concerns tend to have
ample financial resources at their disposal, they can secure considerable
political clout with relative ease. Therefore, the risk that decision making
will be tilted in their favor is high.(FN50) But in the pursuit of attractive
profits, investors have historically overlooked considerable risks, often
hurting their own interests and provoking devastating consequences. Many
historic financial crises have demonstrated that overzealous and negligent
cross-border profit seeking has been painfully common, which should be
instructive given the higher level of sophistication expected of the financial
industry.(FN51) Cuba's defaulted debt offers a prime example of shortsighted
and greedy capitalism at work.(FN52)
A reductionist application of the logic of commercial
engagement could tilt policymaking in favor of narrow, short-term business
considerations that hinder the development of sound foreign policies.
Responsible policymaking must seek to balance a convergence of
interests--geostrategic, economic, political, and ethical--that address the
overall long-term development of Cuba. Ultimately, it is genuine economic and
political well-being on the island that can meet the comprehensive interests of
the international community and provide lasting opportunities for business.
CONCLUSION
Conditions and characteristics unique to Cuba currently
inhibit the workability of commercial engagement. Because Cuba's business
climate cannot attract a meaningful level of investment and the character of
its business regime inherently restrains its ability to induce reform, foreign
investment serves primarily as a tool of regime survival. The political
imperatives of the regime will continue to dictate the terms of engagement and
foreign investment in Cuba, precluding meaningful economic and political
development for as long as the leadership retains the means to impose power by
force. The ruling elite will likely continue to prevent changes, which would provoke
its demise through a loss of state control, no matter what economic gains they
might bring about. For commercial engagement to work, it would have to advance
the very practices that threaten the regime, becoming a tool of
"conditional engagement." This more realistic policy should seek the
dismantling of reform-disabling mechanisms of control that the Cuban government
has effectively and successfully maintained.
The quality of the debate on Cuba would greatly benefit
if the limits of commercial engagement as a policy prescription are
acknowledged and our expectations adjusted accordingly. In the final analysis,
we are compelled to recognize that Cuba's problems are more complex than
resolving the issue of whether or not commercial engagement is a suitable
instrument of foreign policy to foster reform. Ultimately, external influence
or pressure may not be capable of bringing about the desired democratization
and economic viability of Cuba; those goals will probably remain primarily
dependent on internal circumstances and events. Cuba's predicament, thus,
precludes simple answers.
Added material
Maria C. Werlau is general manager of Orbis
International Consulting, Chatham, N.J.
TABLE 1
Foreign Investment in Cuba, 1990-1 August 1996 (U.S.$)
Country Announced Committed/delivered
Australia 500,000,000 __
Austria 500,000 100,000
Brazil 150,000,000 20,000,000
Canada 941,000,000 100,000,000
Chile 69,000,000 30,000,000
China 10,000,000 5,000,000
Dominican Republic 5,000,000 1,000,000
France 15,000,000 10,000,000
Germany 10,000,000 2,000,000
Greece 2,000,000 500,000
Honduras 7,000,000 1,000,000
Israel 22,000,000 7,000,000
Italy 97,000,000 87,000,000
Jamaica 2,000,000 1,000,000
Japan 2,000,000 500,000
Mexico 2,256,000,000 250,000,000
Netherlands 300,000,000 40,000,000
Panama 2,000,000 500,000
Russia 25,000,000 2,000,000
South Africa 400,000,000 15,000,000
Spain 350,000,000 125,000,000
Sweden 10,000,000 1,000,000
United Kingdom 75,000,000 50,000,000
Uruguay 500,000 300,000
Venezuela 50,000,000 3,000,000
Total 5,301,000,000 751,900,000
NOTE
Figures represent the amounts of announced, committed,
and delivered investments since 1990 by private sector companies and government
companies from various countries to enterprises within the Republic of Cuba as
of 1 August 1996. Information compiled through the media, other public sources,
individual discussions with company representatives, non-Republic of Cuba
government officials, and Republic of Cuba-based enterprise managers and
government officials.
Source. U.S.-Cuba Trade and Economic Council, 28
September 1996.
TABLE 2 Net Foreign Investment in Selected Developing
Countries, in U.S.$millions
In Latin America
Mexico 31,015
Argentina 19,259
Brazil 13,376
Colombia 6,562
Chile 5,498
Venezuela 4,762
Peru 4,567
Ecuador 1,913
Rest of the World
Malaysia 26,867
Indonesia 12,965
Portugal 11,503
Philippines 3,765
Poland 8,073
Greece 6,042
South Korea 5,047
Thailand 10,104
Morocco 2,414
Bulgaria 391
Source. J. P. Morgan, July 1996.
FOOTNOTES
1. This policy line was codified in the 1992 Cuban
Democracy Act, passed during President Bush's term. It seeks to increase
people-to-people contacts with looser restrictions on academic and cultural
exchanges.
2. See Cuba in Transition 4 (1996).
3. "Heroic Illusions: A Survey of Cuba"
("Cuba Survey"), The Economist, 6 April 1996, 15.
4. The average investment is said to give Cuba at least
51 percent ownership. Although the Foreign Investment Law authorizes 100 percent
foreign ownership, majority foreign ownership is a rare exception.
5. The New York based Council's stated objective is to
"provide an efficient and sustainable educational structure in which the
U.S. business community may access accurate, consistent, and timely information
and analysis on matters and issues of interest regarding United States-Cuba
commercial, economic, and political relations." Founded in June 1994 as a
non-profit organization, it does not take official positions vis-à-vis Cuba
policies as its tax status precludes advocacy. In July 1996, the council had
138 members. Mr. Kavulich explains that the secrecy surrounding the council's
membership since its inception is for of "competitive reasons." The
Cuban press has reported that Mr. Kavulich is "the main bridge between
U.S. businessmen and Fidel Castro's government" and has "a special
mission to open avenues, dissipate doubts, show the cracks through which to
penetrate the wall of the blockade." Telephone conversations of July 1996 with
Mr. Kavulich; "Why the Council Was Established," U.S.-Cuba Trade and
Economic Council; Homero Campo y Orlando Pé:rez, "Business Are [sic]
Business: y Exxon, IBM, ITT, Ford, y General Electric ya disbloquearon a
Cuba," Proceso, Semanario de Información y Aná:lisis 959 (20 March 1995);
"John Kavulich: no me importa caminar sobre un campo minado,"
Bohemia; Caribbean Update 10 (Diciembre 1994); Kisnet Corporation Inc., and
Michael Hayes, "New York Entrepreneur Offers Facts, Figures, on Cuban
Market," Miami Today, 25 August 1995. Translations from Spanish by the
author.
6. Cited in Jorge Pé:rez-López, "Odd Couples:
Joint Ventures between Foreign Capitalists and Cuban Socialists," The
North South Agenda Papers 16 (November 1995).
7. Materialized investment by Chile in Argentina for
1990-95 totaled $2.4 billion dollars (of $5.9 billion committed). In 1995,
materialized foreign investment in Chile amounted to US$1.03 billion and
US$1.985 billion in the first six months of 1996.
8. "Cuba Survey," 12. Euromoney's ranking
includes 181 countries.
9. The World Bank reported that private capital flows
to developing countries totaled US$244 billion in 1996 and make up more than 80
percent of long-term financial flows to poor countries.
10. October 1995 report of the United Nations
Rapporteur for Cuba, 4. Translated from the Spanish version.
11. Italy, Russia, Spain, Colombia, Great Britain,
China, Ukraine, Bolivia, Vietnam, Argentina, Lebanon, South Africa, Romania,
Chile, Barbados, Germany, Greece, Sweden, and Switzerland.
12. In May 1995, hotel investments entered into in 1991
by the Spanish utility company Endesa's pension fund were unilaterally canceled
by the Cuban government. Spanish directors were replaced by Cubans and Endesa
bank accounts in Cuba were frozen. The Spanish investor has taken its dispute
to the International Arbitration Tribunal in Paris, demanding $12 million from
the Cuban partner, which it claims was not fulfilling its contractual
obligations. In 1992, Castro also decreed the nationalization a Spaniard's 49
percent participation of Comodoro discotheque, unilaterally fixing the amount
of economic compensation.
13. The Clinton administration considers the law a
matter of national security "fully consistent with U.S. international
obligations." Enforcement of Title III has been suspended by presidential
waiver pending consultations with allies to build support for the promotion of
democracy in Cuba.
14. Some examples: Mexico's Cemex terminated its
contracts in Cuba; American Express severed business links to Cuba; Occidental
Hotels canceled contracts to manage four Varadero hotels; Grupo Vitro, a
Mexican bottling company, canceled investment plans said to include property
confiscated from Owens-Illinois. Grupo Domos, whose telecommunications joint
venture is Cuba's largest privatization is subject to a $131 million claim by
an ITT subsidiary had trouble selling and attempting to syndicate a portion its
US$320 million investment when promised financing from Mexico did not
materialize. Recently, it was reported that Italy's STET had purchased Domos'
share for US$300 million.
15. The average monthly salary paid to the Cuban state
employment agency is said to be around US$450 per worker, whereas the average
salary for garment workers in countries such as Honduras, Dominican Republic,
El Salvador, Costa Rica, and Guatemala ranged between US$100.80 and $176.40 in
1993.
16. In Rolando Castañeda and George Plinio Montalvá:n,
"The Arcos Principles: Joint Project of Gustavo Arcos Bergnes, on Behalf
of the Cuban Committee for Human Rights and the International Society for Human
Rights," draft dated 4 August 1994 presented at the Fourth Annual
Conference of the Association for the Study of the Cuban Economy, 6 (published
as "The Arcos Principles," Cuba in Transition 4 (1994). Castañeda and
Montalvá:n cite as an example the privatization of Mexico's Grupo Domos, a
family enterprise of real estate development and waste management inexperienced
in the area of telecommunications, was professedly granted a fifty-five-year
monopoly in telecommunications without a guarantee of efficiency and
competitive prices/services.
17. The State company SERVIMED offers "sun and
medical attention" to foreigners through programs that include medical
treatment, airfare, and accommodations. In 1995, health tourism reportedly
brought in 3,500 tourists and generated hard currency revenues of US$24
million.
18. Freedom in the World: The Annual Survey of
Political Rights and Civil Liberties, 1995-96 (New York: Freedom House, 1996).
19. The most frequently cited I.L.O. violations by Cuba
are to Conventions 95, on the Protection of Wages; 87, concerning Freedom of
Association and Protection of the Right to Organize; 29, concerning Forced
Labor; 111, concerning Discrimination in Employment and Occupation; and 89,
concerning The Right to Unionize and Engage in Collective Bargaining.
20. Cuba has institutionalized the monopsonistic
(single buyer) exploitation of the labor force. (Economic theory defines
exploitation as paying a resource less than the value of its marginal product.)
21. See Charles Lane, "Canada Sly," The New
Republic, 6 August 1996, and The Wall Street Journal, 5 August 1996.
22. The Globe and Mail of Toronto, 31 July 1995,
indicated that pollution at Moa is intense and particularly endangers the
60,000 residents of a nearby town. According to The New Republic, Sherritt has
committed to a significant environmental clean-up, which is said to account for
much of the $150 million dollars in spending promised for the next five years,
after which the company has said is aims to have the Moa plant operating
"in line with international practices," i.e. those followed in North
America.
23. Michael Peters, International Tourism (Hutchinson
Publisher, 1969), cited in Gillian Gunn, "The Sociological Impact of
Rising Foreign Investment," Georgetown University, Cuba Briefing Paper
Series 1, January 1993, 6.
24. Cuban Minister Lage has, nonetheless, indicated
that foreign joint ventures employ 5 percent of the workforce. (In 1995, the
workforce was said to be 4.3 million, the estimated employed population 3.2
million.)
25. An assumed three-year rate of return of capital is
an average minimum return for high risk crossborder investments. This capital
recovery ratio is reported for some foreign joint ventures in Cuba.
26. Assuming Cuba had a 50 percent share of every joint
venture, earnings before taxes would total US$325 million (a 30 percent tax
would net the state US$97.5 million). Net income after tax would equal US$228
million, of which 50 percent represents $114 million in revenues for Cuba,
coincidentally the figure reported by Cuba for 1995.
27. These are rough estimates based on the average
salary of US$450, paid to workers as 202.5 Cuban pesos, times 60,000 workers
said to be employed in foreign joint ventures. An 11 percent labor utilization
tax on gross salaries and social security contributions of 14 percent of
wages--paid by the joint venture in hard currency but registered on behalf of
workers in pesos at a one-to-one exchange rate--leaves the government an
estimated US$35.6 million and US $43.3 million per annum, respectively.
28. A reported peso-dollar rate of 22 was used for this
calculation. Estimated US dollar hourly wages for garment workers in the spring
of 1996 were: Pakistan .26, China .28, Bangladesh .31, Indonesia .34, India
.36, Haiti .49, Egypt .63, Mexico 1.08, Honduras 1.31, El Salvador 1.38, Peru
1.39, Brazil 1.92, Taiwan 5.10, Britain 9.37, United States 9.56, Canada 9.88,
Italy 14.32, Germany 18.43. New York Times, 1 February 1997.
29. Study conducted by Instituto Cubano de Estudios
Sindicales Independientes for year-end 1996, distributed by CubaNet, 10 March
1997.
30. Earnings were calculated as follows: $114 from
operations (Minister Lage's report for 1995), $97.5 million in taxes of 30
percent on $751.9 invested, and our estimated $396.8 million in labor
utilization revenues. (Tips were not included, as it is very difficult to estimate
a reliable number.) Telecommunications payments made by U.S. companies ($76.8
million up to 1995) constitute additional hard currency earnings for Cuba.
31. The average size of the Cuban family is four. With
60,000 employed in joint ventures, roughly 240,000 people are calculated to
depend on those jobs--around 2 percent of the population. The exception is in
the tourist industry, where workers have access to tips. Assuming 40,000 are
employed in tourism, an estimated US$7.5 million per month in tips (US$187.5
per worker) cannot have a significant impact on the economy.
32. Peters, International Tourism.
33. Term borrowed from James Shinn, "Engaging
China: exploiting the fissures in the facade," Current History 95
(September 1996).
34. This terminology, pseudo-technocrat, has been
chosen because Cuban high level technocrats must show proved political
commitment in addition to technical/professional proficiency.
35. Gunn, "The Sociological Impact of Rising
Foreign Investment," 3.
36. It has been argued that "the individualistic,
wheeling-and-dealing oriented, subculture created by the second economy does
not encourage the kind of collective action necessary for revolution and the
violent overthrow of a regime." Jorge Pé:rez-López quoting Sik,
"Cuba's second economy and market transition," draft of 25 March 1995
prepared for the conference "Towards a New Cuba," Princeton
University, 7-8 April 1995, 15.
37. Gunn, "The Sociological Impact of Rising
Foreign Investment," 23, 25.
38. This special class is said to drive flashy cars and
talk on cellular phones on the way to power lunches. A sociologist at Havana's
Centro de Estudios de Amé:rica has reported on a recent study that has detected
and the accumulation of capital in few hands: "the main beneficiaries of
the economic adjustment have been the 'macetas,' a type of mafia with the
pretension of becoming bourgeoisie."
39. See Jorge A. Sanguinetty, "Economic education
of a market economy: the Cuban case," Cuba in Transition 5 (1995): 467-73.
40. There, amid reports of a Mafia-type anarchy, former
government officials now control most of the shares of huge former state
conglomerates and companies that were privatized in a process marred by
official corruption, bribery, favoritism, and criminal acts. Former
Communists--less than 10 percent of the population--have prospered; nearly
two-thirds of the country's millionaires are reported to have been members of
the Soviet Communist Party or the KGB.
41. See, for example, Jerry Z, Muller, Adam Smith in
His Time and Ours: Designing the Decent Society (New York: The Free Press,
1993).
42. David Reiff provides a pointed allusion to Cuba's
"record of unbroken failure": "One has only to imagine what the
Singaporean leader Lee Kuan Yew or the military bosses of South Korea, Taiwan,
or Thailand would have done with 25 years of subsidies on the order of those
the Soviet Union funneled to Castro to appreciate how badly the regime has
bungled the economy." David Reiff, "Cuba Refrozen," Foreign
Affairs (July/August 1996): 69.
43. Cited in U.S.-Cuba Policy Report 3 (December 1996):
9.
44. "The Poor and the Rich," The Economist,
25 May 1996, 24. The cited study is former World Bank's Surjit Bhalla,
"Free Societies, Free Markets and Social Welfare," paper presented at
the Nobel's Symposium for Democracy, Uppsala University, August 1994.
45. Lenin was convinced that the Communists needed help
from the capitalists to learn how to run the economy. He spent most of his life
at the epicenter of an international conspiracy predicated on the idea that the
capitalist world order could be subverted and overthrown by a small cadre of
professional conspirators who would mislead opponents into collaborating in
their own destruction. In 1921, he masterminded the Trust Operation to obtain
help from abroad to help Russia survive a desperate economic crisis. Passing
along to Western intelligence misinformation portraying Lenin's' economic
reforms as signaling the eventual abandonment of communism, made Western
governments give up their economic sanctions in the belief that they could
achieve the overthrow of communism. For Lenin the end justified the means; he
was willing to do whatever was necessary, even when it deviated from, or
contradicted, Marxist ideology. See Edward Jay Epstein, Dossier: The Secret
History of Armand Hammer (New York: Random House, 1996) and Robert C. Tucker,
Ed., The Lenin Anthology (New York: W. W. Norton & Company, 1975).
46. Lane, "Canada Sly."
47. José: M. Vivanco, European Voice, 19-25 September
1996, 14.
48. Namely, the Rapid Response Brigades (Brigadas de
Acción Rá:pida)--paramilitary groups ready for immediate action--and Popular
Acts of Repudiation (Actos de Repudio).
49. In mid-February 1996, Cuba's security forces
unleashed a violent crackdown against delegates to Concilio Cubano--an umbrella
organization of peaceful dissident groups--to prevent their holding its first
assembly, scheduled for 24 February. The same day the disrupted meeting was to
take place, Cuban MIGs downed two small, unarmed, civilian aircraft belonging
to the Miami-based organization Brothers to the Rescue, dedicated to rescuing
Cuban rafters. After examining the evidence, an investigation by the
International Civil Aviation Organization established that the aircraft were
shot down over international waters; its conclusions were endorsed by the UN
Security Council. See UN Rapporteur's October 1996 Interim Report.
50. Curiously, in the early 1920s Lenin bet that
"the capitalists' presumed greed could be used to the Soviet
advantage." Concessions to foreign capitalists were part of Lenin's
strategy--the "bait" to help over-come the political hostility of
businessmen, who, looking to obtain better terms vis-à-vis their competitors, would
pressure their respective governments to lift restrictions on trade. Epstein,
Dossier, 59.
51. In the last two centuries, U.S. financial
institutions and private investors have gravely overlooked risks in assessing
international lending and investment opportunities considered highly profitable
at one time. (The author's Masters' thesis is a study of the 1980s
international debt crisis that examined commercial bank lending and financial
crises in Latin America since its independence.)
52. In the early 1960s, the Castro government
repudiated Cuba's international financial obligations and confiscated all
foreign properties in the island. But only two decades later--starting in the
late 1970s--European, Japanese, Canadian, and Arab commercial banks made
voluminous loans to Cuba based on credit risk analyses that disregarded very
high risk factors. By 1982, Cuba could not meet its financial obligations and
in 1986 walked out of negotiation talks with the Paris Club. Its hard currency
debt remains in default, the government refusing to enter into reprogramming
programs. During the 1980s international debt crisis, Castro attempted to form
a debtors' cartel to repudiate developing countries' debts.
WBN: 9728800072001 ![]()