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IX.
Conclusions and Recommendations
Travel restrictions instituted by the Cuban and U.S. governments
largely in response to pervasive political hostilities have negatively
affected scientific collaboration between the two countries. Both U.S.
and Cuban scientists consider the decline in scientific and academic exchanges,
recently exacerbated by a deterioration in political relations, to be
detrimental to science.
These restrictions are contrary to international standards
and agreements that guarantee the right to travel and encourage the sharing
of scientific knowledge. They hinder the free circulation of scientists
and jeopardize scientists’ careers in both countries by excluding them
from important international meetings and exchanges.
While legislation provides for exceptions to the travel
ban for individuals conducting professional research, its inconsistent
implementation has made it extremely difficult for many scientists to
pursue such work. This may be due to the fact that individuals who are
normally not qualified to judge the scientific merit of meetings, research,
or exchanges are entrusted with determining eligibility for travel.
In addition to facing U.S. travel restrictions, Cuban scientists
must overcome significant barriers placed by their own government. Institutional
requirements are coupled with political determinations made within Communist
party mechanisms. Recently, these difficulties have been compounded by
further restrictions imposed in response to U.S. legislation on Cuba,
including the Helms-Burton Act.
Scientists must develop strategies and mechanisms to work
within existing travel restrictions while demanding changes in policies
that hinder their right to travel.
Recommendations to U.S. policymakers:
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The United States Congress should take
the necessary action to lift licensing requirements for U.S. scientists
traveling to Cuba.
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While these requirements are in place, the criteria used to determine
eligibility should be made clear.
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Scientists requesting entry to the U.S. to conduct scientific work
should be granted visas.
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No political criteria should be applied to determine visa or license
approval for scientific purposes.
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Decisions on visa applications, whether negative or positive, should
be provided to the applicant in writing and in a timely manner. If
denied, the reasons should be provided and an appeal process should
be implemented.
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Congressional action should be taken to eliminate a scientist’s status
within the Cuban government as a determining factor in the visa-granting
process.
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To be consistent with Statute 5 of ICSU, scientists requesting entry
to the U.S. to attend meetings sponsored by ICSU should be granted
entry visas.
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Visa denials should be based on stated policies.
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Because individuals handling visa and license requests are usually
not qualified to determine the scientific validity or purpose of a
meeting, questions about scientific importance should be forwarded
to a qualified body. Policymakers should institute a system whereby
decisions requiring scientific expertise are forwarded to a scientific
body, such as AAAS, where recommendations can be made based on sound
scientific judgment. Where applicable, government employees should
rely on the International Council on Scientific Unions’ certification
of a meeting, rather than their own judgment, to guide them in their
decisions on visa and license applications.
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Bodies other than those who initially denied the request should handle
appeals.
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U.S. government officials should maintain records of decisions on
visa applications made for scientific purposes, as well as the dates
of application receipt and response, for an annual review of the effect
of travel restrictions on scientific collaboration. This review should
be made available to the public.
Recommendations to Cuban policymakers:
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The licensing requirement for scientists
falling within the jurisdiction of the Ministry of Science, Technology,
and the Environment should be lifted.
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Decision-making authority should be taken away from political party
mechanisms where they are likely to be subjected to non-academic criteria.
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Individuals should be allowed to receive personal invitations from
colleagues and organizations abroad.
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An employer’s role in allowing employees to travel should be limited
to evaluating the individual’s performance and job responsibilities
within the workplace and how they would be affected by the proposed
travel.
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Former employers should not have the authority to deny an individual
the right to travel.
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Contractual agreements to protect intellectual property should take
the place of travel restrictions implemented by employers.
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Medical students should not be barred from travel abroad.
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The government’s lack of interest in a particular project should
not impede the right of an individual to travel.
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Restrictions should not be placed on university faculty’s ability
to maintain international contacts.
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Authorities and employers should respond to requests for permission
to travel in a timely manner.
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In no instance should knowledge of
an invitation to travel be withheld from the individual to whom it
is addressed. Such invitations should not be answered without the
knowledge of individuals to whom they are addressed
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