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Clinton Presidential Library
1200 President Clinton Avenue
Little Rock, AR 72201
Inventory for FOIA Request 2009-0342-F
Materials related to Cuba and the downing of two civilian aircraft flown by the organization
Brothers to the Rescue.
Extent
131 folders, approximately 5,611 pages
Access
Collection is open to all researchers. Access to Clinton Presidential Records is governed by the
Presidential Records Act (PRA) (44 U.S.C. Chapter 22) and the Freedom of Information Act (FOIA) (5
U.S.C. 552, as amended) and therefore records may be restricted in whole or in part in accordance with
legal exemptions.
Copyright
Documents in this collection that were prepared by officials of the United States government as part of
their official duties are in the public domain. Researchers are advised to consult the copyright law of the
United States (Chapter 17 U.S.C.) which governs the making of photocopies or other reproductions of
copyrighted material.
Provenance
Official records of William Jefferson Clinton’s presidency are housed at the Clinton Presidential Library
and administered by the National Archives and Records Administration (NARA) under the provisions of
the Presidential Records Act (PRA).
Processed by
Staff Archivist, 2012. Previously restricted materials are added as they are released.
Scope and Content
The materials in FOIA 2009-0342-F are a selective body of documents responsive to the topic of the
FOIA. Researchers should consult the archivist about related materials.
On the afternoon of February 24, 1996 three airplanes belonging to the group Hermanos al Rescate, or
Brothers to the Rescue (BTTR), took off from the Opa Locka, Florida airport. Though their exact
intentions are unknown, it is claimed that three planes were on a mission to search the waters of the Gulf
of Mexico for immigrants attempting to reach the United States from Cuba. Three Cessna 337 owned by
the organization flew south crossing the 24th Parallel into the Cuban Air Defense Zone (ADZ). Their
flight path took them on a route toward Havana. A little after 3:00 pm local time the airplanes were
intercepted by a MiG-23 and a MiG-29 from the Cuban Air Force. After identifying the airplanes, the
Cuban Air Force officers asked for, and received, permission to shoot down the “aggressive” civilian
planes. Two of the three airplanes were destroyed by air-to-air missles. The third plane piloted by José
Basulto, the only one of the three to actually enter Cuban air space that afternoon, returned to Opa
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�Locka. A search and rescue operation by both the U.S. Coast Guard and the Cuban coastal defense force
failed to find survivors or wreckage.
Brothers to the Rescue was formed in 1991 by Cuban exile José Basulto following the death, at sea, of a
fifteen year old refugee. The organization’s website claims they assisted in the rescue of 4,200 people
through the efforts of 2,400 aerial search missions. Though they have a strongly humanitarian mission,
the group is widely known to be anti-Castro and also for its mission to assist the people of Cuba to free
themselves through active non-violence. These efforts of active non-violence led the Cuban government
to label the organization as a terrorist organization.
A number of the BTTR search flights made incursions within the 12 nautical mile limit of Cuba’s air
space. At least twice those flights even included dropping pro-Democracy leaflets over Havana. The
Cuban government warned the United States and Brothers to the Rescue in late 1995 and again in 1996
that further incursions of its soverign airspace might result in military action. Nevertheless the use of
force against civilian aircraft brought swift condemnation by the international community.
The United States, represented by Secretary of State, Madeleine Albright, was president of the UN
Security Council at the time and immediately called an emergency session for February 25th. Following
a lengthy discussion, the council agreed, after China gained a chance for Cuba to speak, to pass a
presidential statement of condemnation. The International Civil Aviation Organization (ICAO) received
a number of formal complaints on February 25th and in March opened a formal investigation into the
incident. The ICAO ruled in July that the Brothers to the Rescue airplanes were shot down in
international air space. Following the ICAO report, the United Nations Security Council passed
resolution 1067 condeming the use of force and calling for Cuban commitments to international civil
aviation treaties.
Domestically, President Clinton quickly called for passage of the Helms-Burton Act (Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act) in retaliation. The act, which the administration prevously did
not support, increased economic sanctions and provided for additional embargos against Cuba. The act
was passed on March 12, 1996 and became Public Law 104-114. The act has been widely derided as
counter to international soverignity and law. It proved to be a point of contention with many of
America’s allies including Mexico, Britain, Canada, and the European Union.
This collection also contains material regarding the compensation of the families of the Brothers to the
Rescue who died in February 1996. President Clinton authorized the distribution of blocked Cuban
Government funds as humanitarian payments to surviving relatives in the amount of $300,000 per
victim. Other Americans who had sued terrorist nations expected comparable compensation. According
to the Clinton administration in 1998, such compensation was complicated due to national security
concerns. Senators Lauternberg and Mack introduced legislation to limit waivers blocking compensation
in 1999.
The FOIA request for 2009-0342-F restricted the materials to those created, used, or dated between
January and March 1996. Archivitst at the library process Staff and Office files at the folder level
resulting in folders that contain records of a much wider date range. However responsive electronic
materials were limited to those between January 1, 1996 and March 31, 1996. Unclassified email from
the Automated Records Management system include one email concerning BTTR in 1994, and two
emailed weekly reports from the Department of Transportation. Materials from the National Security
Council in the collection include press releases and press clippings, drafts and administrative paperwork
related to unclassified drafts of memos, and materials such as timelines and chronologies related to the
events of February 24, 1996. The collection also includes records related to the ICAO investigation of
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�the shootdown and a later, somewhat related, dispute before the ICAO regarding overflight of the United
States by Cuban commercial aircraft. The collection also includes drafts, discussion of, and legislative
referral memoranda for the Helms-Burton Act.
System of Arrangement
Records that are responsive to this FOIA request were found in these collections area— Clinton
Presidential Records: White House Office of Records Management (WHORM): WHORM Subject Files,
Clinton Presidential Records: White House Staff and Office Files, Clinton Presidential Records:
Automated Records Management System [Email], and Clinton Presidential Records: NSC Cable, Email,
and Records Management System.
The White House Office of Records Management (WHORM) contains a variety of series created to
organize and track documents and correpondence. The WHORM Subject file was compiled by the
White House Office of Records Management and is a series of categories designated by a letter/number
combination.
White House Staff and Office Files were maintained at the folder level by staff members within their
individual offices and documents all levels of administrative activity.
WHORM files are processed at the document level; whereas, Staff and Office files are processed at the
folder level, that is, individual documents are not selected and removed from a folder for processing.
While this method maintains folder integrity, it frequently results in the incidental processing of
documents that are not wholly responsive to the subject area.
The Automated Records Management System (ARMS) is a database that contains email records of the
Executive office of the President. This system maintained unclassified Presidential Records email. The
ARMS dataset is comprised of 6 sub-series of email records called “Buckets.” The buckets include
NPR, OPD, POTUS, WHO, CEA, and Default. ARMS emails are arranged chronologically by creation
date.
FOIA 2009-0342-F includes WHORM records from these subject codes:
CO045
FG024-02
Cuba, Republic of
Federal Aviation Administration
The following is a list of documents and folders processed in response to FOIA 2009-0342-F:
Box 1
Clinton Presidential Records: WHORM: Subject File
Category
Case Number
CO045
155588
CO045
155937
CO045
157835SS
CO045
159464
CO045
177367
FG024-02
171489
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�Clinton Presidential Records: White House Staff and Office Files
Counsel’s Office
Brothers to the Rescue: BTTR [Brothers to the Rescue] [Folder 1] [OA/ID 20839]
Brothers to the Rescue: BTTR [Brothers to the Rescue] [Folder 2] [OA/ID 20839]
Brothers to the Rescue: [Litigation Information] [OA/ID 20839]
Ruff, Charles
Brothers to the Rescue [OA/ID 17978]
Box 2
Clinton Presidential Records: White House Staff and Office Files (continued)
National Security Council
Defense Policy
Bell, Robert
Cuban Shootdown, January-March 1996 [OA/ID 1831]
Democracy/Human Rights
Malley, Robert
Cuba Shootdown [1] [OA/ID 984]
Cuba Shootdown [2] [OA/ID 984]
Cuba Shootdown [3] [OA/ID 984]
Cuba Shootdown [4] [OA/ID 984]
Cuba Shootdown [5] [OA/ID 984]
Cuba Shootdown [6] [OA/ID 984]
Cuba Shootdown [7] [OA/ID 984]
Cuba Shootdown [8] [OA/ID 984]
Cuba Shootdown [9] [OA/ID 984]
Cuba Shootdown [10] [OA/ID 984]
Inter-American Affairs
Hollis, Caryn
Cuba BTTR [Brothers to the Rescue] Legal Lautenberg [1] [OA/ID 2928]
Cuba BTTR [Brothers to the Rescue] Legal Lautenberg [2] [OA/ID 2928]
Cuba BTTR [Brothers to the Rescue] Legal Lautenberg [3] [OA/ID 2928]
Cuba BTTR [Brothers to the Rescue] Legal Lautenberg [4] [OA/ID 2928]
Box 3
Clinton Presidential Records: White House Staff and Office Files (continued)
National Security Council
Inter-American Affairs
Hollis, Caryn
Cuba BTTR [Brothers to the Rescue] Legal Lautenberg [5] [OA/ID 2928]
Cuba BTTR [Brothers to the Rescue] Legal Lautenberg [6] [OA/ID 2928]
ICAO [International Civil Aviation Organization] [1] [OA/ID 2927]
ICAO [International Civil Aviation Organization] [2] [OA/ID 2927]
ICAO [International Civil Aviation Organization] [3] [OA/ID 2927]
ICAO [International Civil Aviation Organization] [4] [OA/ID 2927]
ICAO [International Civil Aviation Organization] [5] [OA/ID 2927]
ICAO [International Civil Aviation Organization]: Cuban Overflight [1]
[OA/ID 2927]
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�Clinton Presidential Records: White House Staff and Office Files (continued)
National Security Council
Inter-American Affairs
Hollis, Caryn
ICAO [International Civil Aviation Organization]: Cuban Overflight [2]
[OA/ID 2927]
Shootdown [1] [OA/ID 3340]
Shootdown [2] [OA/ID 3340]
Shootdown [3] [OA/ID 3340]
Shootdown [4] [OA/ID 3340]
Shootdown [5] [OA/ID 3340]
Shootdown: 1998 Commemoration [OA/ID 3340]
Box 4
Clinton Presidential Records: White House Staff and Office Files (continued)
National Security Council
Inter-American Affairs
Hollis, Caryn
Shootdown: Chronology [1] [OA/ID 3340]
Shootdown: Chronology [2] [OA/ID 3340]
Shootdown: Chronology [3] [OA/ID 3340]
Shootdown: Final [OA/ID 3340]
Shootdown: NORAD Report [1] [OA/ID 3340]
Shootdown: NORAD Report [2] [OA/ID 3340]
Shootdown: Office of the Inspector General Report [OA/ID 3340]
Shootdown: [OA/ID 3340]
Legal Advisor
Sparks, John
Ex Gratia/Cuba Shootdown [OA/ID 1007]
Office of the National Security Advisor
Rudman, Mara
Legal Issues: Judgement Fund: Flatow & BTTR [Brothers to the Rescue] [1]
[OA/ID 3934]
Legal Issues: Judgement Fund: Flatow & BTTR [Brothers to the Rescue] [2]
[OA/ID 3934]
Legal Issues: Judgement Fund: Flatow & BTTR [Brothers to the Rescue] [3]
[OA/ID 3934]
Legal Issues: Judgement Fund: Flatow & BTTR [Brothers to the Rescue] [4]
[OA/ID 3934]
Legal Issues: Judgement Fund [1] [OA/ID 3934]
Legal Issues: Judgement Fund [2] [OA/ID 3934]
Legal Issues: Military Audit Legislation [OA/ID 3934]
Legal Issues: Victim’s Compensation [OA/ID 3934]
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�Box 5
Clinton Presidential Records: White House Staff and Office Files (continued)
Public Liaison
Cuban Affairs
Nuccio, Richard
Condolence Letter for Victims of Shootdown—Mar. 96 [OA/ID CF 827]
Helms/Burton Signing Ceremony—March 96 [CF 832]
Helms/Burton Signing Ceremony: Signing Statement [OA/ID CF 832]
Shootdown—February 1996 [1] [OA/ID CF 832]
Shootdown—February 1996 [2] [OA/ID CF 832]
Shootdown—February 1996 [3] [OA/ID CF 832]
Shootdown—February 1996 [4] [OA/ID CF 832]
Shootdown—February 1996 [5] [OA/ID CF 832]
Shootdown/International Civil Aviation Organization (ICAO) – March 1996
[OA/ID CF 832]
Smith Article – March 96 [OA/ID CF 832]
SVTS: Cuban Airspace/Radar – March 26, 1996 [OA/ID CF 827]
Clinton Presidential Records: Automated Records Management System [Email]
WHO [OA/ID 500000]
[Brothers to the Rescue. BTTR]
[11/03/1994]
Default [OA/ID 1100000]
[Brothers to the Rescue. BTTR]
[02/29/1996 – 03/07/1996]
NSC [OA/ID 1200000]
[Cuba, BTTR, Shootdown]
[02/25/1996-02/27/1996]
[02/28/1996]
[02/29/1996-03/01/1996]
Box 6
Clinton Presidential Records: NSC Cable, Email, and Records Management System
NSC Cables
Jan 1995-Dec 1996
[Cuba, BTTR, Shootdown]
[02/29/1996-03/01/1996] [OA/ID 510000]
[03/01/1996] [1] [OA/ID 510000]
[03/01/1996] [2] [OA/ID 510000]
[03/01/1996-03/02/1996] [OA/ID 510000]
[03/02/1996-03/03/1996] [OA/ID 510000]
[03/03/1996-03/04/1996] [OA/ID 510000]
[03/04/1996] [OA/ID 510000]
[03/04/1996-03/05/1996] [OA/ID 510000]
[03/05/1996] [1] [OA/ID 510000]
[03/05/1996] [2] [OA/ID 510000]
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�Box 7
Clinton Presidential Records: NSC Cable, Email, and Records Management System (continued)
NSC Cables
Jan 1995-Dec 1996
[Cuba, BTTR, Shootdown]
[03/05/1996-03/06/1996] [OA/ID 510000]
[03/06/1996] [OA/ID 510000]
[03/06/1996-03/07/1996] [OA/ID 510000]
[03/07/1996] [OA/ID 510000]
[03/07/1996-03/08/1996] [OA/ID 510000]
[03/08/1996-03/11/1996] [OA/ID 510000]
[03/11/1996-03/13/1996] [OA/ID 510000]
[03/13/1996-03/19/1996] [OA/ID 510000]
[03/19/1996-03/25/1996] [OA/ID 510000]
[03/26/1996-03/28/1996] [OA/ID 510000]
[03/28/1996-03/29/1996] [OA/ID 510000]
Box 8
Clinton Presidential Records: NSC Cable, Email, and Records Management System (continued)
NSC Emails
MSMail-Record (Sept 94-Sept 97)
[Cuba, BTTR, Shootdown]
[02/23/1996-02/26/1996] [OA/ID 590000]
[02/26/1996] [OA/ID 590000]
[02/26/1996-02/27/1996] [OA/ID 590000]
[02/27/1996-02/28/1996] [OA/ID 590000]
[02/28/1996-02/29/1996] [OA/ID 590000]
[02/29/1996] [OA/ID 590000]
[02/29/1996-03/01/1996] [OA/ID 590000]
[03/01/1996] [OA/ID 590000]
[03/01/1996-03/04/1996] [OA/ID 590000]
[03/04/1996] [1] [OA/ID 590000]
[03/04/1996] [2] [OA/ID 590000]
[03/05/1996-03/08/1996] [OA/ID 590000]
[03/09/1996-03/22/1996] [OA/ID 590000]
[03/23/1996-03/30/1996] [OA/ID 590000]
Box 9
Clinton Presidential Records: NSC Cable, Email, and Records Management System (continued)
NSC Emails
MSMail-Non-Record (Sept 94-Sept 97)
[Cuba, BTTR, Shootdown]
[02/26/1996-02/29/1996] [OA/ID 605000]
NSC Records Management System
[Cuba, BTTR, Shootdown]
9601232 [OA/ID 1087]
9601262 [OA/ID 1087]
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�NSC Records Management System
[Cuba, BTTR, Shootdown]
9601270 [OA/ID 1087]
9601301 [OA/ID 1088]
9601348 [OA/ID 1088]
9601379 [OA/ID 1088]
9601395 [OA/ID 4010]
9601445 [OA/ID 1088]
9601461 [OA/ID 1089]
9601478 [OA/ID 1089]
9601481 [OA/ID 1089]
9601512 [OA/ID 1089]
9601545 [OA/ID 1089]
9601599 [OA/ID 1089]
9601633 [OA/ID 1090]
9601636 [OA/ID 1090]
9601653 [OA/ID 1090]
9601654 [OA/ID 1090]
9601663 [OA/ID 1090]
9601664 [OA/ID 1090]
Clinton Presidential Records: NSC Cable, Email, and Records Management System (continued)
NSC Records Management System
[Cuba, BTTR, Shootdown]
9601720 [OA/ID 1090]
9602178 [OA/ID 1093]
9602807 [OA/ID 1098]
Last modified: 05/06/2014
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�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Finding Aids - Collection Descriptions & Inventories
Description
An account of the resource
Finding aids at the Clinton Presidential Library contain a detailed description of the collection including the total number of pages or photos and length of video and audio recordings. Finding aids also include background information of the collection’s topic and details on the record type (ex: email, memorandum, briefing book, Betacam video, audio cassette etc). <br /><br />Finding aids describe collections at the box and folder level, and include a folder title list and information about the arrangement of the collection. <br /><br /><strong>Please note the majority of collections have not yet been scanned nor made available online.</strong>
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Brothers to the Rescue - Collection Finding Aid
Identifier
An unambiguous reference to the resource within a given context
2009-0342-F
Description
An account of the resource
This collection includes records related to the February 24, 1996 incident involving the Cuban military and three planes of the Florida group, Brothers to the Rescue, also known as Hermanos al Rescate. The collection dates primarily between January and March 1996. The records include press releases and press clippings, statements, talking points, drafts and administrative paperwork related to memos, and timelines and chronologies related to the events of February 24, 1996. The collection also includes records related to the International Civil Aviation Organization (ICAO) investigation of the shoot down and a later dispute before the ICAO regarding overflight of the United States by Cuban commercial aircraft. This FOIA also includes drafts, discussion of, and legislative referral memoranda for the Helms-Burton Act. Also included are a selection of court filings, memoranda, and letters related to later victims compensation cases before U.S. courts.
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Subject
The topic of the resource
Brothers to the Rescue, Incorporated
Cuba
Cubans
International Civil Aviation Organization
Finding Aid