US (United States) Code. Title 22. Chapter 69: Cuban democracy

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 69 - CUBAN DEMOCRACY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

CHAPTER 69 - CUBAN DEMOCRACY

-MISC1-

Sec.

6001. Findings.

6002. Statement of policy.

6003. International cooperation.

(a) Cuban trading partners.

(b) Sanctions against countries assisting Cuba.

6004. Support for Cuban people.

(a) Provisions of law affected.

(b) Donations of food.

(c) Exports of medicines and medical supplies.

(d) Requirements for certain exports.

(e) Telecommunications services and facilities.

(f) Direct mail delivery to Cuba.

(g) Assistance to support democracy in Cuba.

6005. Sanctions.

(a) Prohibition on certain transactions between

certain United States firms and Cuba.

(b) Prohibitions on vessels.

(c) Restrictions on remittances to Cuba.

(d) Clarification of applicability of sanctions.

6006. Policy toward a transitional Cuban Government.

6007. Policy toward a democratic Cuban Government.

(a) Waiver of restrictions.

(b) Policies.

6008. Existing claims not affected.

6009. Enforcement.

(a) Enforcement authority.

(b) Authorization of appropriations.

(c) Omitted.

(d) Applicability of penalties.

(e) Office of Foreign Assets Control.

6010. "United States person" defined.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 6021, 6023, 6032 of this

title.

-End-

-CITE-

22 USC Sec. 6001 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6001. Findings

-STATUTE-

The Congress makes the following findings:

(1) The government of Fidel Castro has demonstrated consistent

disregard for internationally accepted standards of human rights

and for democratic values. It restricts the Cuban people's

exercise of freedom of speech, press, assembly, and other rights

recognized by the Universal Declaration of Human Rights adopted

by the General Assembly of the United Nations on December 10,

1948. It has refused to admit into Cuba the representative of the

United Nations Human Rights Commission appointed to investigate

human rights violations on the island.

(2) The Cuban people have demonstrated their yearning for

freedom and their increasing opposition to the Castro government

by risking their lives in organizing independent, democratic

activities on the island and by undertaking hazardous flights for

freedom to the United States and other countries.

(3) The Castro government maintains a military-dominated

economy that has decreased the well-being of the Cuban people in

order to enable the government to engage in military

interventions and subversive activities throughout the world and,

especially, in the Western Hemisphere. These have included

involvement in narcotics trafficking and support for the FMLN

guerrillas in El Salvador.

(4) There is no sign that the Castro regime is prepared to make

any significant concessions to democracy or to undertake any form

of democratic opening. Efforts to suppress dissent through

intimidation, imprisonment, and exile have accelerated since the

political changes that have occurred in the former Soviet Union

and Eastern Europe.

(5) Events in the former Soviet Union and Eastern Europe have

dramatically reduced Cuba's external support and threaten Cuba's

food and oil supplies.

(6) The fall of communism in the former Soviet Union and

Eastern Europe, the now universal recognition in Latin America

and the Caribbean that Cuba provides a failed model of government

and development, and the evident inability of Cuba's economy to

survive current trends, provide the United States and the

international democratic community with an unprecedented

opportunity to promote a peaceful transition to democracy in

Cuba.

(7) However, Castro's intransigence increases the likelihood

that there could be a collapse of the Cuban economy, social

upheaval, or widespread suffering. The recently concluded Cuban

Communist Party Congress has underscored Castro's unwillingness

to respond positively to increasing pressures for reform either

from within the party or without.

(8) The United States cooperated with its European and other

allies to assist the difficult transitions from Communist regimes

in Eastern Europe. Therefore, it is appropriate for those allies

to cooperate with United States policy to promote a peaceful

transition in Cuba.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1702, Oct. 23, 1992, 106

Stat. 2575.)

-MISC1-

EFFECTIVE DATE

Section 1712 of title XVII of div. A of Pub. L. 102-484 provided

that: "This title [enacting this chapter, amending section 16 of

Title 50, Appendix, War and National Defense, and enacting

provisions set out as a note below] shall take effect on the date

of the enactment of this Act [Oct. 23, 1992]."

SHORT TITLE

Section 1701 of title XVII of div. A of Pub. L. 102-484 provided

that: "This title [enacting this chapter, amending section 16 of

Title 50, Appendix, War and National Defense, and enacting

provisions set out as a note above] may be cited as the 'Cuban

Democracy Act of 1992'."

-EXEC-

EX. ORD. NO. 12854. IMPLEMENTATION OF CUBAN DEMOCRACY ACT

Ex. Ord. No. 12854, July 4, 1993, 58 F.R. 36587, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Trading

with the Enemy Act, as amended (50 U.S.C. App. 1-6, 7-39, 41-44),

the Cuban Democracy Act of 1992 (Public Law 102-484, sections

1701-1712, October 23, 1992, 106 Stat. 2575) (the "Act") [22 U.S.C.

6001 et seq.], and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America,

hereby order:

Section 1. Implementation of the Act. All agencies are hereby

directed to take all appropriate measures within their authority,

including the promulgation of rules and regulations, to carry out

the provisions of the Act.

Sec. 2. Functions of the Department of State. The Secretary of

State shall be responsible for implementing sections 1704, 1707,

and 1708 of the Act [22 U.S.C. 6003, 6006, 6007]. Responsibility

for transmitting the certification required by section 1707 and the

report required by section 1708 of the Act is delegated to the

Secretary of State.

Sec. 3. Functions of the Department of the Treasury. Except as

provided in section 4 of this order, the Secretary of the Treasury

shall be responsible for implementing sections 1705(b)-(e) and 1706

[22 U.S.C. 6004(b)-(e), 6005] of the Act, to the extent that these

sections pertain to transactions with Cuba.

Sec. 4. Functions of the Department of Commerce. The Secretary of

Commerce shall be responsible for implementing sections 1705(b)-(e)

of the Act, to the extent that these sections pertain to the

exportation to Cuba from the United States or from a third country

of goods and technology subject to the jurisdiction of the

Department of Commerce.

Sec. 5. Consultation. In consultation with the Secretary of

State, the Secretary of the Treasury and the Secretary of Commerce

are hereby authorized to take such actions, including the

promulgation of rules and regulations, as may be necessary to carry

out the purposes of the Act and this order.

Sec. 6. Nothing in this order shall be deemed to affect any

functions vested by law in the Federal Communications Commission.

Sec. 7. Effective Date. This order shall be effective

immediately.

William J. Clinton.

-End-

-CITE-

22 USC Sec. 6002 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6002. Statement of policy

-STATUTE-

It should be the policy of the United States -

(1) to seek a peaceful transition to democracy and a resumption

of economic growth in Cuba through the careful application of

sanctions directed at the Castro government and support for the

Cuban people;

(2) to seek the cooperation of other democratic countries in

this policy;

(3) to make clear to other countries that, in determining its

relations with them, the United States will take into account

their willingness to cooperate in such a policy;

(4) to seek the speedy termination of any remaining military or

technical assistance, subsidies, or other forms of assistance to

the Government of Cuba from any of the independent states of the

former Soviet Union;

(5) to continue vigorously to oppose the human rights

violations of the Castro regime;

(6) to maintain sanctions on the Castro regime so long as it

continues to refuse to move toward democratization and greater

respect for human rights;

(7) to be prepared to reduce the sanctions in carefully

calibrated ways in response to positive developments in Cuba;

(8) to encourage free and fair elections to determine Cuba's

political future;

(9) to request the speedy termination of any military or

technical assistance, subsidies, or other forms of assistance to

the Government of Cuba from the government of any other country;

and

(10) to initiate immediately the development of a comprehensive

United States policy toward Cuba in a post-Castro era.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1703, Oct. 23, 1992, 106

Stat. 2576.)

-End-

-CITE-

22 USC Sec. 6003 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6003. International cooperation

-STATUTE-

(a) Cuban trading partners

The President should encourage the governments of countries that

conduct trade with Cuba to restrict their trade and credit

relations with Cuba in a manner consistent with the purposes of

this chapter.

(b) Sanctions against countries assisting Cuba

(1) Sanctions

The President may apply the following sanctions to any country

that provides assistance to Cuba:

(A) The government of such country shall not be eligible for

assistance under the Foreign Assistance Act of 1961 [22 U.S.C.

2151 et seq.] or assistance or sales under the Arms Export

Control Act [22 U.S.C. 2751 et seq.].

(B) Such country shall not be eligible, under any program,

for forgiveness or reduction of debt owed to the United States

Government.

(2) "Assistance to Cuba" defined

For purposes of paragraph (1), the term "assistance to Cuba" -

(A) means assistance to or for the benefit of the Government

of Cuba that is provided by grant, concessional sale, guaranty,

or insurance, or by any other means on terms more favorable

than that generally available in the applicable market, whether

in the form of a loan, lease, credit, or otherwise, and such

term includes subsidies for exports to Cuba and favorable

tariff treatment of articles that are the growth, product, or

manufacture of Cuba;

(B) includes an exchange, reduction, or forgiveness of Cuban

debt owed to a foreign country in return for a grant of an

equity interest in a property, investment, or operation of the

Government of Cuba (including the government of any political

subdivision of Cuba, and any agency or instrumentality of the

Government of Cuba) or of a Cuban national; and

(C) does not include -

(i) donations of food to nongovernmental organizations or

individuals in Cuba, or

(ii) exports of medicines or medical supplies, instruments,

or equipment that would be permitted under section 6004(c) of

this title.

As used in this paragraph, the term "agency or instrumentality of

the Government of Cuba" means an agency or instrumentality of a

foreign state as defined in section 1603(b) of title 28, with

each reference in such section to "a foreign state" deemed to be

a reference to "Cuba".

(3) Applicability of section

This section, and any sanctions imposed pursuant to this

section, shall cease to apply at such time as the President makes

and reports to the Congress a determination under section 6007(a)

of this title.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1704, Oct. 23, 1992, 106

Stat. 2576; Pub. L. 104-114, title I, Sec. 102(f), Mar. 12, 1996,

110 Stat. 793.)

-STATAMEND-

REPEAL OF SECTION

Pub. L. 104-114, title II, Sec. 204(d)(3), Mar. 12, 1996, 110

Stat. 810, provided that on date on which President submits

determination under section 6063(c)(3) of this title that

democratically elected government in Cuba is in power, this section

is repealed.

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec.

(b)(1)(A), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, which is classified principally to chapter 32 (Sec. 2151

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 2151 of this

title and Tables.

The Arms Export Control Act, referred to in subsec. (b)(1)(A), is

Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2751 of this title and

Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-114, Sec. 102(f), added

subpar. (B), redesignated former subpar. (B) as (C), and inserted

concluding provisions "As used in this paragraph, the term 'agency

or instrumentality of the Government of Cuba' means an agency or

instrumentality of a foreign state as defined in section 1603(b) of

title 28, with each reference in such section to 'a foreign state'

deemed to be a reference to 'Cuba'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6032, 6064 of this title.

-End-

-CITE-

22 USC Sec. 6004 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6004. Support for Cuban people

-STATUTE-

(a) Provisions of law affected

The provisions of this section apply notwithstanding any other

provision of law, including section 2370(a) of this title, and

notwithstanding the exercise of authorities, before October 23,

1992, under section 5(b) of the Trading With the Enemy Act [12

U.S.C. 95a, 50 App. U.S.C. 5(b)], the International Emergency

Economic Powers Act [50 U.S.C. 1701 et seq.], or the Export

Administration Act of 1979 [50 App. U.S.C. 2401 et seq.].

(b) Donations of food

Nothing in this or any other Act shall prohibit donations of food

to nongovernmental organizations or individuals in Cuba.

(c) Exports of medicines and medical supplies

Exports of medicines or medical supplies, instruments, or

equipment to Cuba shall not be restricted -

(1) except to the extent such restrictions would be permitted

under section 5(m) of the Export Administration Act of 1979 [50

App. U.S.C. 2404(m)] or section 203(b)(2) of the International

Emergency Economic Powers Act [50 U.S.C. 1702(b)(2)];

(2) except in a case in which there is a reasonable likelihood

that the item to be exported will be used for purposes of torture

or other human rights abuses;

(3) except in a case in which there is a reasonable likelihood

that the item to be exported will be reexported; and

(4) except in a case in which the item to be exported could be

used in the production of any biotechnological product.

(d) Requirements for certain exports

(1) Onsite verifications

(A) Subject to subparagraph (B), an export may be made under

subsection (c) of this section only if the President determines

that the United States Government is able to verify, by onsite

inspections and other appropriate means, that the exported item

is to be used for the purposes for which it was intended and only

for the use and benefit of the Cuban people.

(B) Subparagraph (A) does not apply to donations to

nongovernmental organizations in Cuba of medicines for

humanitarian purposes.

(2) Licenses

Exports permitted under subsection (c) of this section shall be

made pursuant to specific licenses issued by the United States

Government.

(e) Telecommunications services and facilities

(1) Telecommunications services

Telecommunications services between the United States and Cuba

shall be permitted.

(2) Telecommunications facilities

Telecommunications facilities are authorized in such quantity

and of such quality as may be necessary to provide efficient and

adequate telecommunications services between the United States

and Cuba.

(3) Licensing of payments to Cuba

(A) The President may provide for the issuance of licenses for

the full or partial payment to Cuba of amounts due Cuba as a

result of the provision of telecommunications services authorized

by this subsection, in a manner that is consistent with the

public interest and the purposes of this chapter, except that

this paragraph shall not require any withdrawal from any account

blocked pursuant to regulations issued under section 5(b) of the

Trading With the Enemy Act [12 U.S.C. 95a, 50 App. U.S.C. 5(b)].

(B) If only partial payments are made to Cuba under

subparagraph (A), the amounts withheld from Cuba shall be

deposited in an account in a banking institution in the United

States. Such account shall be blocked in the same manner as any

other account containing funds in which Cuba has any interest,

pursuant to regulations issued under section 5(b) of the Trading

With the Enemy Act.

(4) Authority of Federal Communications Commission

Nothing in this subsection shall be construed to supersede the

authority of the Federal Communications Commission.

(5) Prohibition on investment in domestic telecommunications

services

Nothing in this subsection shall be construed to authorize the

investment by any United States person in the domestic

telecommunications network within Cuba. For purposes of this

paragraph, an "investment" in the domestic telecommunications

network within Cuba includes the contribution (including by

donation) of funds or anything of value to or for, and the making

of loans to or for, such network.

(6) Reports to Congress

The President shall submit to the Congress on a semiannual

basis a report detailing payments made to Cuba by any United

States person as a result of the provision of telecommunications

services authorized by this subsection.

(f) Direct mail delivery to Cuba

The United States Postal Service shall take such actions as are

necessary to provide direct mail service to and from Cuba,

including, in the absence of common carrier service between the 2

countries, the use of charter service providers.

(g) Assistance to support democracy in Cuba

The United States Government may provide assistance, through

appropriate nongovernmental organizations, for the support of

individuals and organizations to promote nonviolent democratic

change in Cuba.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1705, Oct. 23, 1992, 106

Stat. 2577; Pub. L. 104-114, title I, Sec. 102(g), Mar. 12, 1996,

110 Stat. 793.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 104-114, title II, Sec. 204(d)(3), Mar. 12, 1996, 110

Stat. 810, provided that on date on which President submits

determination under section 6063(c) of this title that

democratically elected government in Cuba is in power, this section

is amended by repealing subsection (d).

-REFTEXT-

REFERENCES IN TEXT

The International Emergency Economic Powers Act, referred to in

subsec. (a), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat.

1626, which is classified generally to chapter 35 (Sec. 1701 et

seq.) of Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of Title 50 and Tables.

The Export Administration Act of 1979, referred to in subsec.

(a), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,

which is classified principally to section 2401 et seq. of the

Appendix to Title 50. For complete classification of this Act to

the Code, see Short Title note set out under section 2401 of the

Appendix to Title 50 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (e)(5), (6). Pub. L. 104-114, Sec. 102(g), added

pars. (5) and (6).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6003, 6005, 6008, 6009,

6064 of this title.

-End-

-CITE-

22 USC Sec. 6005 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6005. Sanctions

-STATUTE-

(a) Prohibition on certain transactions between certain United

States firms and Cuba

(1) Prohibition

Notwithstanding any other provision of law, no license may be

issued for any transaction described in section 515.559 of title

31, Code of Federal Regulations, as in effect on July 1, 1989.

(2) Applicability to existing contracts

Paragraph (1) shall not affect any contract entered into before

October 23, 1992.

(b) Prohibitions on vessels

(1) Vessels engaging in trade

Beginning on the 61st day after October 23, 1992, a vessel

which enters a port or place in Cuba to engage in the trade of

goods or services may not, within 180 days after departure from

such port or place in Cuba, load or unload any freight at any

place in the United States, except pursuant to a license issued

by the Secretary of the Treasury.

(2) Vessels carrying goods or passengers to or from Cuba

Except as specifically authorized by the Secretary of the

Treasury, a vessel carrying goods or passengers to or from Cuba

or carrying goods in which Cuba or a Cuban national has any

interest may not enter a United States port.

(3) Inapplicability of ship stores general license

No commodities which may be exported under a general license

described in section 771.9 of title 15, Code of Federal

Regulations, as in effect on May 1, 1992, may be exported under a

general license to any vessel carrying goods or passengers to or

from Cuba or carrying goods in which Cuba or a Cuban national has

an interest.

(4) Definitions

As used in this subsection -

(A) the term "vessel" includes every description of water

craft or other contrivance used, or capable of being used, as a

means of transportation in water, but does not include

aircraft;

(B) the term "United States" includes the territories and

possessions of the United States and the customs waters of the

United States (as defined in section 1401 of title 19; and

(C) the term "Cuban national" means a national of Cuba, as

the term "national" is defined in section 515.302 of title 31,

Code of Federal Regulations, as of August 1, 1992.

(c) Restrictions on remittances to Cuba

The President shall establish strict limits on remittances to

Cuba by United States persons for the purpose of financing the

travel of Cubans to the United States, in order to ensure that such

remittances reflect only the reasonable costs associated with such

travel, and are not used by the Government of Cuba as a means of

gaining access to United States currency.

(d) Clarification of applicability of sanctions

The prohibitions contained in subsections (a), (b), and (c) of

this section shall not apply with respect to any activity otherwise

permitted by section 6004 of this title or section 6006 of this

title or any activity which may not be regulated or prohibited

under section 5(b)(4) of the Trading With the Enemy Act [12 U.S.C.

95a(4), 50 App. U.S.C. 5(b)(4)].

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1706, Oct. 23, 1992, 106

Stat. 2578.)

-STATAMEND-

REPEAL OF SECTION

Pub. L. 104-114, title II, Sec. 204(d)(3), Mar. 12, 1996, 110

Stat. 810, provided that on date on which President submits

determination under section 6063(c)(3) of this title that

democratically elected government in Cuba is in power, this section

is repealed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6007, 6064 of this title.

-End-

-CITE-

22 USC Sec. 6006 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6006. Policy toward a transitional Cuban Government

-STATUTE-

Food, medicine, and medical supplies for humanitarian purposes

should be made available for Cuba under the Foreign Assistance Act

of 1961 [22 U.S.C. 2151 et seq.] and the Agricultural Trade

Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.] if

the President determines and certifies to the Committee on Foreign

Affairs of the House of Representatives and the Committee on

Foreign Relations of the Senate that the government in power in

Cuba -

(1) has made a public commitment to hold free and fair

elections for a new government within 6 months and is proceeding

to implement that decision;

(2) has made a public commitment to respect, and is respecting,

internationally recognized human rights and basic democratic

freedoms; and

(3) is not providing weapons or funds to any group, in any

other country, that seeks the violent overthrow of the government

of that country.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1707, Oct. 23, 1992, 106

Stat. 2579.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in text, is Pub.

L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is

classified principally to chapter 32 (Sec. 2151 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in text, is act July 10, 1954, ch. 469, 68 Stat. 454,

as amended, which is classified generally to chapter 41 (Sec. 1691

et seq.) of Title 7, Agriculture. For complete classification of

this Act to the Code, see Short Title note set out under section

1691 of Title 7 and Tables.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6005 of this title.

-End-

-CITE-

22 USC Sec. 6007 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6007. Policy toward a democratic Cuban Government

-STATUTE-

(a) Waiver of restrictions

The President may waive the requirements of section 6005 of this

title if the President determines and reports to the Congress that

the Government of Cuba -

(1) has held free and fair elections conducted under

internationally recognized observers;

(2) has permitted opposition parties ample time to organize and

campaign for such elections, and has permitted full access to the

media to all candidates in the elections;

(3) is showing respect for the basic civil liberties and human

rights of the citizens of Cuba;

(4) is moving toward establishing a free market economic

system; and

(5) has committed itself to constitutional change that would

ensure regular free and fair elections that meet the requirements

of paragraph (2).

(b) Policies

If the President makes a determination under subsection (a) of

this section, the President shall take the following actions with

respect to a Cuban Government elected pursuant to elections

described in subsection (a) of this section:

(1) To encourage the admission or reentry of such government to

international organizations and international financial

institutions.

(2) To provide emergency relief during Cuba's transition to a

viable economic system.

(3) To take steps to end the United States trade embargo of

Cuba.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1708, Oct. 23, 1992, 106

Stat. 2580.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6003 of this title.

-End-

-CITE-

22 USC Sec. 6008 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6008. Existing claims not affected

-STATUTE-

Except as provided in section 6004(a) of this title, nothing in

this chapter affects the provisions of section 2370(a)(2) of this

title.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1709, Oct. 23, 1992, 106

Stat. 2580.)

-End-

-CITE-

22 USC Sec. 6009 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6009. Enforcement

-STATUTE-

(a) Enforcement authority

The authority to enforce this chapter shall be carried out by the

Secretary of the Treasury. The Secretary of the Treasury shall

exercise the authorities of the Trading With the Enemy Act [50 App.

U.S.C. 1 et seq.] in enforcing this chapter. In carrying out this

subsection, the Secretary of the Treasury shall take the necessary

steps to ensure that activities permitted under section 6004 of

this title are carried out for the purposes set forth in this

chapter and not for purposes of the accumulation by the Cuban

Government of excessive amounts of United States currency or the

accumulation of excessive profits by any person or entity.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary of the

Treasury such sums as may be necessary to carry out this chapter.

(c) Omitted

(d) Applicability of penalties

The penalties set forth in section 16 of the Trading With the

Enemy Act [50 App. U.S.C. 16] shall apply to violations of this

chapter to the same extent as such penalties apply to violations

under that Act [50 App. U.S.C. 1 et seq.].

(e) Office of Foreign Assets Control

The Department of the Treasury shall establish and maintain a

branch of the Office of Foreign Assets Control in Miami, Florida,

in order to strengthen the enforcement of this chapter.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1710, Oct. 23, 1992, 106

Stat. 2580.)

-REFTEXT-

REFERENCES IN TEXT

The Trading With the Enemy Act, referred to in subsecs. (a) and

(d), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, which

is classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see Tables.

-COD-

CODIFICATION

Section is comprised of section 1710 of Pub. L. 102-484. Subsec.

(c) of section 1710 of Pub. L. 102-484 amended section 16 of the

Appendix to Title 50, War and National Defense.

-End-

-CITE-

22 USC Sec. 6010 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69 - CUBAN DEMOCRACY

-HEAD-

Sec. 6010. "United States person" defined

-STATUTE-

As used in this chapter, the term "United States person" means

any United States citizen or alien admitted for permanent residence

in the United States, and any corporation, partnership, or other

organization organized under the laws of the United States.

-SOURCE-

(Pub. L. 102-484, div. A, title XVII, Sec. 1711, Oct. 23, 1992, 106

Stat. 2581.)

-End-