Pubdate: Fri, 23 Jul 1999 Source: Miami Herald (FL) Copyright: 1999 The Miami Herald Contact: One Herald Plaza, Miami FL 33132-1693 Fax: (305) 376-8950 Website: http://www.herald.com/ Forum: http://krwebx.infi.net/webxmulti/cgi-bin/WebX?mherald Author: Juan O. Tamayo, Herald Staff Writer U.S. RE-EXAMINES CUBAN CONNECTIONS TO ILLEGAL DRUG SMUGGLERS WASHINGTON -- The Clinton administration has ordered a top-to-bottom review of Cuba's alleged links to drug smugglers, in response to harsh attacks on its efforts to expand anti-narcotics cooperation with Havana. The key part of the inquiry is ''an all-sources intelligence review, a re-examination of all data on Cuba held by a half-dozen agencies, from the DEA to the CIA, top administration officials said. The Justice Department was asked separately to review evidence gathered by a Miami federal grand jury in 1993 that nearly indicted President Fidel Castro's brother on cocaine smuggling charges, officials added. State Department lawyers were also asked to reconsider whether the transit of drugs through Cuban waters and airspace is sufficient to land Cuba on the list of countries that are major transit points for the U.S. market, the so-called ''majors list.'' The reviews, to be completed by October, have frozen recent administration efforts to expand drug interdiction contacts with President Fidel Castro's government. U.S. drug policy director Barry McCaffrey has argued that smugglers, taking advantage of Havana's shortage of patrol boats, planes and fuel, are increasingly using Cuban airspace and waters to transfer shipments from mother ships to speedboats bound for South Florida. But critics charge that Castro's government has a long history of protecting drug traffickers as part of its anti-U.S. policies. ''U.S. cooperation will do little more than enable the Castro regime to divert attention from the fact that . . . [senior Cuban officials] have been repeatedly accused, in U.S. federal court, of conspiring to smuggle cocaine, the chairmen of the Senate and House foreign relations committees, Sen. Jesse Helms, R-N.C., and Rep. Ben Gilman, R-N.Y., wrote Clinton last week. Information Needed McCaffrey and other administration officials have been defending the need to increase cooperation with Cuba. ''In recent years, we have not had a sufficient amount of intelligence, data or information to be able to make the determination that there is in fact a sufficient amount of drugs going through Cuba to have a significant effect on the U.S. market, said one top State Department counter-narcotics official. ''This is not to say that we're denying it, the official quickly added. ''We just don't have enough concrete data to make a determination. Offering a more frank assessment of Cuba in exchange for anonymity, one administration expert in drug interdiction said he would give Cuban counter-narcotics efforts ''pretty low marks, even taking into account Havana's shrinking resources since the collapse of Soviet aid in 1991. ''Yes, they have resource problems. But . . . after receiving tips from us [on suspicious planes or boats], I don't see the number of responses that in my mind would say these guys are really trying, the official said. But maintaining cooperation with Cuba is important, the official added. ''Even if you're dealing with a highly suspect partner . . . a carefully defined, limited approach might have value, he said. Radar Sightings Shared Critics counter that even the current levels of cooperation with Cuba might help drug smugglers, and point to a year-old Coast Guard program of giving Havana most U.S. radar data on possible smuggling airplanes and boats as they enter and leave Cuban territory. The U.S. data would allow Havana to deduce the location of any gaps in the U.S. radar coverage -- information highly valuable to drug smugglers, said aides to Helms and Gilman. Administration officials said all the reviews ordered on Cuba are to be finished before Nov. 1, when the State Department's International Narcotics and Law Enforcement Bureau is required to issue its annual ''majors list. The ''all sources review involves the Drug Enforcement Administration, FBI, CIA, Defense Intelligence Agency, Coast Guard, the Treasury and Justice Departments and the White House National Security Council. Among the cases to be reviewed are the 1982 marijuana smuggling indictment issued in Miami against Cuban Adm. Aldo Santamaria and two other top government officials, and Cuba's 1989 execution of Gen. Arnaldo Ochoa. Raul Castro Revisited The Justice Department was asked to review the 1993 Miami grand jury investigation of charges that Castro's brother, Armed Forces chief Raul Castro, used military planes and boats to protect cocaine shipments. And State Department lawyers were asked to review the laws on the ''majors list, now interpreted to require that drug shipments touch land in the listed nations. Cuba has avoided the list so far because most of the U.S.-bound drugs pass through its waters and airspace and never touch its land. Adding Cuba to the list would require the White House to certify by each March 1 whether Havana is cooperating with the war on drugs. Since Washington provides no counter-narcotics aid to Cuba, any White House decision would have no financial consequences for Havana. But it could cast a politically embarrassing spotlight on Clinton's policy of expanding people-to-people and counter-narcotics contacts with Cuba, which critics see as a Trojan horse for warming U.S. relations with Castro. Gilman and Rep. Dan Burton, R-Ind., head of the House Government Reform Committee, submitted a bill July 7 mandating that the State Department put Cuba on the list. Gilman and Helms also wrote Clinton last week warning that U.S. laws expose Coast Guard officers to criminal liability when they give Havana tracking data on suspicious flights that might be shot down by Cuba. The letter added: The laws establish that liability can be avoided only if the governments receiving U.S. tracking data promise not to shoot down the suspect planes, or if the White House issues a ''determination that they have ''appropriate procedures to protect against innocent loss of life. Washington has such agreements with Peru and Colombia but not with Cuba, which shot down two unarmed Brothers to the Rescue airplanes over international waters in 1996, killing four Miami pilots. ''It is our expectation that you will instruct U.S. officials to cease and desist from sharing such information with the Cuban regime until you have ensured that they are not exposing themselves to criminal liability, the Helms-Gilman letter concluded. - --- MAP posted-by: Richard Lake