“We welcome the new regulations, which represent a shift in U.S policy and will help to advance diplomacy through increased travel to and communication with Cuba,” said NFTC President and USA*Engage Co-Chair Bill Reinsch. “In particular, we applaud changes in rules regulating the provision of telecommunications services and the loosening of travel restrictions related to the sale of agriculture, medical and communications equipment, allowing for increased contact between Cuba and the U.S. private sector.”

“While these changes are encouraging, Congress and the Administration can’t lose sight of the fact that there is much more work left to be done to reform U.S. Cuba policy,” said NFTC Vice President for Global Trade Issues Jake Colvin. “We encourage Congress to pass legislation lifting restrictions on the right of U.S. citizens to travel to Cuba, and hope that the Administration will further loosen restrictions on the ability of students, artists, researchers and others to travel to Cuba as permitted under current law. The Administration can do more here.”

Additional information is available here.

The lawsuit, now known as Balintulo v. Daimler, AG, et al., was originally filed in 2002 against 85 U.S. and European companies that had done business in South Africa prior to 1994. The case was dismissed in Federal District Court in 2005, but was sent back to that Court by the Second Circuit Court of Appeals in 2007. Since then the District Court has ruled that the case may go forward and the defendants have appealed to the Second Circuit to dismiss the case. This amicus brief is in support of that appeal.

This is one of several lawsuits brought under the alien tort statute that allege the conduct of lawful business in a country with a poor human rights record constitutes aiding and abetting violations of international law. The NFTC has urged the federal courts to dismiss these cases.

The amicus brief filed today cites the fact that both the U.S. and the South African governments have asked that the case be dismissed and concludes that where the executive branch determines that trade will promote the interests of the United States (and improve the lot of foreign citizens as well) courts must respect that determination by shutting down inconsistent litigation at the earliest opportunity.

For a full copy of the brief, please click here.

“Senator Webb’s success in negotiating with the Burmese government to secure the release of American prisoner John Yettaw and to meet with Nobel Peace Prize Laureate Aung San Suu Kyi is tangible evidence of the crucial role diplomacy and engagement play in advancing relations with nations that do not necessarily subscribe to U.S. values and ideals,” said NFTC President and USA*Engage Co-Chair Bill Reinsch.

“Instead of pursuing U.S. national interests through diplomacy, members of Congress embrace economic sanctions, despite all their unintended consequences,” said USA*Engage Director Richard Sawaya. “We welcome Senator Webb’s recognition that sanctions do not change the behavior of regimes at odds with the United States. In the case of Burma, they have in fact stiffened the resolve of its military and hurt U.S. commerce to the benefit of China. We commend the senator’s support for diplomacy that may include commercial engagement.”

Since its inception in 1997, USA*Engage has advocated for increased engagement and dialogue between the United States and the international community, as opposed to unilateral sanctions. Through various initiatives, USA*Engage helps to inform policymakers’ perspectives on the diplomatic and economic costs of a U.S. foreign policy too reliant on sanctions.
 

About the NFTC

The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

“The CSC welcomes the President’s announcement and applauds his leadership on this important issue. The Coalition strongly supports practical measures aimed at improving the effectiveness and efficiency of the export control regime. The need for new policies and processes to advance our national security, foreign policy and economic interests has never been more compelling than it is right now. The Coalition looks forward to working with the Administration on this issue as the review gets underway.”

CSC members include the Aerospace Industries Association, the Association of American Exporters and Importers, the AMT – Association for Manufacturing Technology, Business Roundtable, the Coalition for Employment Through Exports, the General Aviation Manufacturers Association, the Industrial Fastener Institute, the National Association of Manufacturers, the National Defense Industrial Association, the National Foreign Trade Council, the Satellite Industry Association, The Space Foundation, TechAmerica and the U.S. Chamber of Commerce.
 

“We applaud the 11th Circuit Court’s unanimous decision to uphold the District Court for the Southern District of Florida’s dismissal of the case,” said NFTC President and USA*Engage Co-Chair Bill Reinsch. “Numerous cases have been brought by plaintiffs against U.S. and foreign multinational companies under the Alien Tort Statute, when companies have in fact acted lawfully. This decision has added the Circuit Court’s voice to the growing body of jurisprudence that limits the liability of private companies for the actions of governments in whose territory they have operations.”

The NFTC and USA*Engage have long been active in opposing expansive use of aiding and abetting in alien tort cases and have filed amicus briefs in several such cases including this one.

For a full copy of the 11th Circuit Court’s decision, click here.

About USA*Engage

USA*Engage (www.usaengage.org) is a coalition of small and large businesses, agriculture groups and trade associations working to seek alternatives to the proliferation of unilateral U.S. foreign policy sanctions and to promote the benefits of U.S. engagement abroad. Established in 1997 and organized under the National Foreign Trade Council (www.nftc.org), USA*Engage leads a campaign to inform policy-makers, opinion-leaders, and the public about the counterproductive nature of unilateral sanctions, the importance of exports and overseas investment for American competitiveness and jobs, and the role of American companies in promoting human rights and democracy world wide.

About the NFTC

The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.