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1903 Lease Agreement With Cuba

The takeover of Guantanamo Bay would likely have a huge impact on the economic development of eastern Cuba and would have a significant impact on the country`s economy in general. The existing deep-water port would be available for Cuban trade, which could affect the competitiveness and volume of trade between Cuba and Latin America and beyond, given that Guantanamo Bay is closer than Cuba`s other major ports on the Panama Canal. Ports are known to stimulate economic development in the surrounding areas and along the transport corridors to which they are connected.56 Among the broader effects, a port “allows foreign firms to gain more access to an economic economy and thus compete with domestic firms, with some sectors being decommissioned. However, the benefits of better access to foreign markets and cheaper products are generally far greater than the risk of ineffective domestic enterprises being undermined. 57 Since the closure of a U.S. military base abroad may not be within the purview of the United States, it can be done without the approval of Congress. Nevertheless, Congress` desire to influence the process led to the 1990 Defense Base Closure and Realignment Act having a section on the closure of foreign military facilities26, which said that Cuba was often criticized for its human rights record, particularly by the United States, and that it was therefore important to consider how a transfer of prisoners into Cuban jurisdiction could affect their situation. The U.S. State Department`s annual report on human rights on Cuba can be used here to give an indication. It notes that Cuban law requires prisoners to be informed of the charges against them within a week of their detention and to have access to mutual legal assistance. The report criticized Cuba for not meeting the deadline and for keeping detainees waiting “weeks and sometimes months.” 53 Nevertheless, this delay is extremely short compared to the period when most prisoners were awaiting news of U.S. charges against them, and their access to a lawyer under U.S. jurisdiction was problematic.54 Given these factors, it is not out of the question that their situation could improve under Cuban jurisdiction.

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