According to the United States Department of State Publication, Bureau of Counterterrorism (hereinafter the report), a state is designated as a state sponsor of terrorism if the Secretary of State is satisfied that the “government of such country has repeatedly provided support for acts of international terrorism”.1 Upon being designated a state sponsor of terrorism, the country will not be delisted until it satisfies the statutory requirements for delisting. In the meantime, the state will be liable to a number of sanctions including “a ban on arms-related exports and sales”, “control over exports and sales” that “could significantly enhances the terrorist-list country’s military capability or ability to support terrorism”, a ban on “economic assistance” and or the “imposition of miscellaneous financial and other restrictions”.2
The report goes on to list states that have designated as state sponsors of terrorism and the reasons for those listing. Cuba is the first country on the list and was designated a state sponsor of terrorism since 1982. The listing is based on the contention that terrorist factions are residing in Cuba. In particular, both existing and previous “members of Basque Fatherland and Liberty (ETA)” live in Cuba.3 It is also believed that one of three persons believed to be members of ETA who were deported to Cuba after attempted to set sail from Cuba is wanted by Spanish authorities and is also suspected of being associated with the Revolutionary Forces of Colombia (FARC). The Cuban government, while not actively involved in supporting ETA members has been known to provide medical and political support to FARC.4
The Report also alleges that Cuba’s government has persistently allowed persons wanted in the U.S. to live in Cuba and in doing so has given welfare and medical assistance to those fugitives.