I believe there is a treaty involved. The US usually tries to honor it's commitments. IIRC Cuba didn't sign or just ignores the "allotments" that created the US, Mexico, Canadian (etc) clear channels at night. I forget the name(s) of the treaty and when it went into affect. There are some folks that believe a treaty can over override the US Constitution in Court. That's why they have to be approved by the Senate with at least 67 votes
I contacted Arnie once and he went on a screed against the HFCC, the ITU and others about frequency coordination, etc Cuba ignores and doesnt care. Thats why multiple Florida stations have had or did have long running STAs to run day power at night, etc
(A San FRancisco station had an STA because of a MExican station and ran day power and pattern at night)