US (United States) Code. Title 22. Chapter 69A: Cuban liberty and democratic solidarity

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

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-CITE-

22 USC CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC

SOLIDARITY (LIBERTAD) 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

-HEAD-

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

-MISC1-

Sec.

6021. Findings.

6022. Purposes.

6023. Definitions.

6024. Severability.

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

6031. Statement of policy.

6032. Enforcement of economic embargo of Cuba.

(a) Policy.

(b) Diplomatic efforts.

(c) Existing regulations.

(d) Omitted.

(e) Denial of visas to certain Cuban nationals.

(f), (g) Omitted.

(h) Codification of economic embargo.

6033. Prohibition against indirect financing of Cuba.

(a) Prohibition.

(b) Suspension and termination of prohibition.

(c) Penalties.

(d) Definitions.

6034. United States opposition to Cuban membership in

international financial institutions.

(a) Continued opposition to Cuban membership in

international financial institutions.

(b) Reduction in United States payments to

international financial institutions.

(c) "International financial institution" defined.

6035. United States opposition to termination of suspension

of Cuban Government from participation in

Organization of American States.

6036. Assistance by independent states of former Soviet

Union for Cuban Government.

(a) Reporting requirement.

(b), (c) Omitted.

(d) Facilities at Lourdes, Cuba.

6037. Television broadcasting to Cuba.

(a) Conversion to UHF.

(b) Periodic reports.

(c) Termination of broadcasting authorities.

6038. Reports on commerce with, and assistance to, Cuba from

other foreign countries.

(a) Reports required.

(b) Contents of reports.

6039. Authorization of support for democratic and human

rights groups and international observers.

(a) Authorization.

(b) OAS emergency fund.

(c) Denial of funds to Cuban Government.

6040. Importation safeguard against certain Cuban products.

(a) Prohibition on import of and dealings in Cuban

products.

(b) Effect of NAFTA.

(c) Restriction of sugar imports.

(d) Assurances regarding sugar products.

6041. Withholding of foreign assistance from countries

supporting Juragua nuclear plant in Cuba.

(a) Findings.

(b) Withholding of foreign assistance.

6042. Reinstitution of family remittances and travel to

Cuba.

6043. Expulsion of criminals from Cuba.

6044. News bureaus in Cuba.

(a) Establishment of news bureaus.

(b) Assurance against espionage.

(c) Fully reciprocal.

6045. Effect of chapter on lawful United States Government

activities.

6046. Condemnation of Cuban attack on American aircraft.

(a) Findings.

(b) Statements by Congress.

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

6061. Policy toward transition government and democratically

elected government in Cuba.

6062. Assistance for Cuban people.

(a) Authorization.

(b) Plan for assistance.

(c) Strategy for distribution.

(d) Distribution.

(e) International efforts.

(f) Communication with Cuban people.

(g) Report to Congress.

(h) Report on trade and investment relations.

6063. Coordination of assistance program; implementation and

reports to Congress; reprogramming.

(a) Coordinating official.

(b) United States-Cuba council.

(c) Implementation of plan; reports to Congress.

(d) Reprogramming.

6064. Termination of economic embargo of Cuba.

(a) Presidential actions.

(b) Suspension of certain provisions of law.

(c) Additional Presidential actions.

(d) Conforming amendments.

(e) Review of suspension of economic embargo.

6065. Requirements and factors for determining transition

government.

(a) Requirements.

(b) Additional factors.

6066. Requirements for determining democratically elected

government.

6067. Settlement of outstanding United States claims to

confiscated property in Cuba.

(a) Report to Congress.

(d) Sense of Congress.

SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF UNITED STATES

NATIONALS

6081. Findings.

6082. Liability for trafficking in confiscated property

claimed by United States nationals.

(a) Civil remedy.

(b) Amount in controversy.

(c) Procedural requirements.

(d) Enforceability of judgments against Cuban

Government.

(e) Omitted.

(f) Election of remedies.

(g) Deposit of excess payments by Cuba under claims

agreement.

(h) Termination of rights.

(i) Imposition of filing fees.

6083. Proof of ownership of claims to confiscated property.

(a) Evidence of ownership.

(b) Omitted.

(c) Rule of construction.

6084. Limitation of actions.

6085. Effective date.

(a) In general.

(b) Suspension authority.

(c) Other authorities.

(d) Rescission of suspension.

SUBCHAPTER IV - EXCLUSION OF CERTAIN ALIENS

6091. Exclusion from United States of aliens who have

confiscated property of United States nationals or

who traffic in such property.

(a) Grounds for exclusion.

(b) Definitions.

(c) Exemption.

(d) Effective date.

-End-

-CITE-

22 USC Sec. 6021 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

-HEAD-

Sec. 6021. Findings

-STATUTE-

The Congress makes the following findings:

(1) The economy of Cuba has experienced a decline of at least

60 percent in the last 5 years as a result of -

(A) the end of its subsidization by the former Soviet Union

of between 5 billion and 6 billion dollars annually;

(B) 36 years of communist tyranny and economic mismanagement

by the Castro government;

(C) the extreme decline in trade between Cuba and the

countries of the former Soviet bloc; and

(D) the stated policy of the Russian Government and the

countries of the former Soviet bloc to conduct economic

relations with Cuba on strictly commercial terms.

(2) At the same time, the welfare and health of the Cuban

people have substantially deteriorated as a result of this

economic decline and the refusal of the Castro regime to permit

free and fair democratic elections in Cuba.

(3) The Castro regime has made it abundantly clear that it will

not engage in any substantive political reforms that would lead

to democracy, a market economy, or an economic recovery.

(4) The repression of the Cuban people, including a ban on free

and fair democratic elections, and continuing violations of

fundamental human rights, have isolated the Cuban regime as the

only completely nondemocratic government in the Western

Hemisphere.

(5) As long as free elections are not held in Cuba, the

economic condition of the country and the welfare of the Cuban

people will not improve in any significant way.

(6) The totalitarian nature of the Castro regime has deprived

the Cuban people of any peaceful means to improve their condition

and has led thousands of Cuban citizens to risk or lose their

lives in dangerous attempts to escape from Cuba to freedom.

(7) Radio Marti and Television Marti have both been effective

vehicles for providing the people of Cuba with news and

information and have helped to bolster the morale of the people

of Cuba living under tyranny.

(8) The consistent policy of the United States towards Cuba

since the beginning of the Castro regime, carried out by both

Democratic and Republican administrations, has sought to keep

faith with the people of Cuba, and has been effective in

sanctioning the totalitarian Castro regime.

(9) The United States has shown a deep commitment, and

considers it a moral obligation, to promote and protect human

rights and fundamental freedoms as expressed in the Charter of

the United Nations and in the Universal Declaration of Human

Rights.

(10) The Congress has historically and consistently manifested

its solidarity and the solidarity of the American people with the

democratic aspirations of the Cuban people.

(11) The Cuban Democracy Act of 1992 [22 U.S.C. 6001 et seq.]

calls upon the President to 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 that Act.

(12) Amendments to the Foreign Assistance Act of 1961 [22

U.S.C. 2151 et seq.] made by the FREEDOM Support Act require that

the President, in providing economic assistance to Russia and the

emerging Eurasian democracies, take into account the extent to

which they are acting to "terminate support for the communist

regime in Cuba, including removal of troops, closing military

facilities, and ceasing trade subsidies and economic, nuclear,

and other assistance".

(13) The Cuban Government engages in the illegal international

narcotics trade and harbors fugitives from justice in the United

States.

(14) The Castro government threatens international peace and

security by engaging in acts of armed subversion and terrorism

such as the training and supplying of groups dedicated to

international violence.

(15) The Castro government has utilized from its inception and

continues to utilize torture in various forms (including by

psychiatry), as well as execution, exile, confiscation, political

imprisonment, and other forms of terror and repression, as means

of retaining power.

(16) Fidel Castro has defined democratic pluralism as

"pluralistic garbage" and continues to make clear that he has no

intention of tolerating the democratization of Cuban society.

(17) The Castro government holds innocent Cubans hostage in

Cuba by no fault of the hostages themselves solely because

relatives have escaped the country.

(18) Although a signatory state to the 1928 Inter-American

Convention on Asylum and the International Covenant on Civil and

Political Rights (which protects the right to leave one's own

country), Cuba nevertheless surrounds embassies in its capital by

armed forces to thwart the right of its citizens to seek asylum

and systematically denies that right to the Cuban people,

punishing them by imprisonment for seeking to leave the country

and killing them for attempting to do so (as demonstrated in the

case of the confirmed murder of over 40 men, women, and children

who were seeking to leave Cuba on July 13, 1994).

(19) The Castro government continues to utilize blackmail, such

as the immigration crisis with which it threatened the United

States in the summer of 1994, and other unacceptable and illegal

forms of conduct to influence the actions of sovereign states in

the Western Hemisphere in violation of the Charter of the

Organization of American States and other international

agreements and international law.

(20) The United Nations Commission on Human Rights has

repeatedly reported on the unacceptable human rights situation in

Cuba and has taken the extraordinary step of appointing a Special

Rapporteur.

(21) The Cuban Government has consistently refused access to

the Special Rapporteur and formally expressed its decision not to

"implement so much as one comma" of the United Nations

Resolutions appointing the Rapporteur.

(22) The United Nations General Assembly passed Resolution

47-139 on December 18, 1992, Resolution 48-142 on December 20,

1993, and Resolution 49-200 on December 23, 1994, referencing the

Special Rapporteur's reports to the United Nations and condemning

violations of human rights and fundamental freedoms in Cuba.

(23) Article 39 of Chapter VII of the United Nations Charter

provides that the United Nations Security Council "shall

determine the existence of any threat to the peace, breach of the

peace, or act of aggression and shall make recommendations, or

decide what measures shall be taken . . ., to maintain or restore

international peace and security.

(24) The United Nations has determined that massive and

systematic violations of human rights may constitute a "threat to

peace" under Article 39 and has imposed sanctions due to such

violations of human rights in the cases of Rhodesia, South

Africa, Iraq, and the former Yugoslavia.

(25) In the case of Haiti, a neighbor of Cuba not as close to

the United States as Cuba, the United States led an effort to

obtain and did obtain a United Nations Security Council embargo

and blockade against that country due to the existence of a

military dictatorship in power less than 3 years.

(26) United Nations Security Council Resolution 940 of July 31,

1994, subsequently authorized the use of "all necessary means" to

restore the "democratically elected government of Haiti", and the

democratically elected government of Haiti was restored to power

on October 15, 1994.

(27) The Cuban people deserve to be assisted in a decisive

manner to end the tyranny that has oppressed them for 36 years,

and the continued failure to do so constitutes ethically improper

conduct by the international community.

(28) For the past 36 years, the Cuban Government has posed and

continues to pose a national security threat to the United

States.

-SOURCE-

(Pub. L. 104-114, Sec. 2, Mar. 12, 1996, 110 Stat. 786.)

-REFTEXT-

REFERENCES IN TEXT

The Cuban Democracy Act of 1992, referred to in par. (11), is

title XVII of div. A of Pub. L. 102-484, Oct. 23, 1992, 106 Stat.

2575, which is classified principally to chapter 69 (Sec. 6001 et

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

Code, see Short Title note set out under section 6001 of this title

and Tables.

The Foreign Assistance Act of 1961, referred to in par. (12), 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 FREEDOM Support Act, referred to in par. (12), is Pub. L.

102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known as

the Freedom for Russia and Emerging Eurasian Democracies and Open

Markets Support Act of 1992. For complete classification of this

Act to the Code, see Short Title note set out under section 5801 of

this title and Tables.

-MISC1-

SHORT TITLE

Section 1(a) of Pub. L. 104-114 provided that: "This Act

[enacting this chapter and sections 1643l and 1643m of this title,

amending sections 2295a, 2295b, 2370, 6003, and 6004 of this title,

section 1611 of Title 28, Judiciary and Judicial Procedure, and

section 16 of Title 50, Appendix, War and National Defense,

repealing sections 1465 to 1465f, 1465aa to 1465ff, 6003, and 6005

of this title, amending provisions set out as a note under section

1446g of Title 7, Agriculture, and repealing provisions set out as

notes under sections 1465, 1465c, and 1465aa of this title] may be

cited as the 'Cuban Liberty and Democratic Solidarity (LIBERTAD)

Act of 1996'."

-End-

-CITE-

22 USC Sec. 6022 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

-HEAD-

Sec. 6022. Purposes

-STATUTE-

The purposes of this chapter are -

(1) to assist the Cuban people in regaining their freedom and

prosperity, as well as in joining the community of democratic

countries that are flourishing in the Western Hemisphere;

(2) to strengthen international sanctions against the Castro

government;

(3) to provide for the continued national security of the

United States in the face of continuing threats from the Castro

government of terrorism, theft of property from United States

nationals by the Castro government, and the political

manipulation by the Castro government of the desire of Cubans to

escape that results in mass migration to the United States;

(4) to encourage the holding of free and fair democratic

elections in Cuba, conducted under the supervision of

internationally recognized observers;

(5) to provide a policy framework for United States support to

the Cuban people in response to the formation of a transition

government or a democratically elected government in Cuba; and

(6) to protect United States nationals against confiscatory

takings and the wrongful trafficking in property confiscated by

the Castro regime.

-SOURCE-

(Pub. L. 104-114, Sec. 3, Mar. 12, 1996, 110 Stat. 788.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 104-114, Mar. 12, 1996, 110 Stat. 785, which

is classified principally to this chapter. For complete

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

out under section 6021 of this title and Tables.

-End-

-CITE-

22 USC Sec. 6023 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

-HEAD-

Sec. 6023. Definitions

-STATUTE-

As used in this chapter, the following terms have the following

meanings:

(1) Agency or instrumentality of a foreign state

The term "agency or instrumentality of a foreign state" has the

meaning given that term in section 1603(b) of title 28.

(2) Appropriate congressional committees

The term "appropriate congressional committees" means the

Committee on International Relations and the Committee on

Appropriations of the House of Representatives and the Committee

on Foreign Relations and the Committee on Appropriations of the

Senate.

(3) Commercial activity

The term "commercial activity" has the meaning given that term

in section 1603(d) of title 28.

(4) Confiscated

As used in subchapters I and III of this chapter, the term

"confiscated" refers to -

(A) the nationalization, expropriation, or other seizure by

the Cuban Government of ownership or control of property, on or

after January 1, 1959 -

(i) without the property having been returned or adequate

and effective compensation provided; or

(ii) without the claim to the property having been settled

pursuant to an international claims settlement agreement or

other mutually accepted settlement procedure; and

(B) the repudiation by the Cuban Government of, the default

by the Cuban Government on, or the failure of the Cuban

Government to pay, on or after January 1, 1959 -

(i) a debt of any enterprise which has been nationalized,

expropriated, or otherwise taken by the Cuban Government;

(ii) a debt which is a charge on property nationalized,

expropriated, or otherwise taken by the Cuban Government; or

(iii) a debt which was incurred by the Cuban Government in

satisfaction or settlement of a confiscated property claim.

(5) Cuban Government

(A) The term "Cuban Government" includes the government of any

political subdivision of Cuba, and any agency or instrumentality

of the Government of Cuba.

(B) For purposes of subparagraph (A), 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".

(6) Democratically elected government in Cuba

The term "democratically elected government in Cuba" means a

government determined by the President to have met the

requirements of section 6066 of this title.

(7) Economic embargo of Cuba

The term "economic embargo of Cuba" refers to -

(A) the economic embargo (including all restrictions on trade

or transactions with, and travel to or from, Cuba, and all

restrictions on transactions in property in which Cuba or

nationals of Cuba have an interest) that was imposed against

Cuba pursuant to section 2370(a) of this title, section 5(b) of

title 50, Appendix, the Cuban Democracy Act of 1992 (22 U.S.C.

6001 and following), or any other provision of law; and

(B) the restrictions imposed by section 902(c) of the Food

Security Act of 1985.

(8) Foreign national

The term "foreign national" means -

(A) an alien; or

(B) any corporation, trust, partnership, or other juridical

entity not organized under the laws of the United States, or of

any State, the District of Columbia, or any commonwealth,

territory, or possession of the United States.

(9) Knowingly

The term "knowingly" means with knowledge or having reason to

know.

(10) Official of the Cuban Government or the ruling political

party in Cuba

The term "official of the Cuban Government or the ruling

political party in Cuba" refers to any member of the Council of

Ministers, Council of State, central committee of the Communist

Party of Cuba, or the Politburo of Cuba, or their equivalents.

(11) Person

The term "person" means any person or entity, including any

agency or instrumentality of a foreign state.

(12) Property

(A) The term "property" means any property (including patents,

copyrights, trademarks, and any other form of intellectual

property), whether real, personal, or mixed, and any present,

future, or contingent right, security, or other interest therein,

including any leasehold interest.

(B) For purposes of subchapter III of this chapter, the term

"property" does not include real property used for residential

purposes unless, as of March 12, 1996 -

(i) the claim to the property is held by a United States

national and the claim has been certified under title V of the

International Claims Settlement Act of 1949 [22 U.S.C. 1643 et

seq.]; or

(ii) the property is occupied by an official of the Cuban

Government or the ruling political party in Cuba.

(13) Traffics

(A) As used in subchapter III of this chapter, and except as

provided in subparagraph (B), a person "traffics" in confiscated

property if that person knowingly and intentionally -

(i) sells, transfers, distributes, dispenses, brokers,

manages, or otherwise disposes of confiscated property, or

purchases, leases, receives, possesses, obtains control of,

manages, uses, or otherwise acquires or holds an interest in

confiscated property,

(ii) engages in a commercial activity using or otherwise

benefiting from confiscated property, or

(iii) causes, directs, participates in, or profits from,

trafficking (as described in clause (i) or (ii)) by another

person, or otherwise engages in trafficking (as described in

clause (i) or (ii)) through another person,

without the authorization of any United States national who holds

a claim to the property.

(B) The term "traffics" does not include -

(i) the delivery of international telecommunication signals

to Cuba;

(ii) the trading or holding of securities publicly traded or

held, unless the trading is with or by a person determined by

the Secretary of the Treasury to be a specially designated

national;

(iii) transactions and uses of property incident to lawful

travel to Cuba, to the extent that such transactions and uses

of property are necessary to the conduct of such travel; or

(iv) transactions and uses of property by a person who is

both a citizen of Cuba and a resident of Cuba, and who is not

an official of the Cuban Government or the ruling political

party in Cuba.

(14) Transition government in Cuba

The term "transition government in Cuba" means a government

that the President determines is a transition government

consistent with the requirements and factors set forth in section

6065 of this title.

(15) United States national

The term "United States national" means -

(A) any United States citizen; or

(B) any other legal entity which is organized under the laws

of the United States, or of any State, the District of

Columbia, or any commonwealth, territory, or possession of the

United States, and which has its principal place of business in

the United States.

-SOURCE-

(Pub. L. 104-114, Sec. 4, Mar. 12, 1996, 110 Stat. 789.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters I and III of this chapter, referred to in pars. (4),

(12)(B), and (13)(A), were in the original references to titles I

and III, meaning titles I and III of Pub. L. 104-114, Mar. 12,

1996, 110 Stat. 791, 814. Title I of Pub. L. 104-114 enacted

subchapter I (Sec. 6031 et seq.) of this chapter, amended sections

2295a, 2295b, 6003, and 6004 of this title and section 16 of Title

50, Appendix, War and National Defense, and repealed subchapters

V-A (Sec. 1465 et seq.) and V-B (1465aa et seq.) of chapter 18 of

this title. Title III of Pub. L. 104-114 enacted subchapter III

(Sec. 6081 et seq.) of this chapter and sections 1643l and 1643m of

this title and amended section 1611 of Title 28, Judiciary and

Judicial Procedure. For complete classification of titles I and III

to the Code, see Tables.

The Cuban Democracy Act of 1992, referred to in par. (7)(A), is

title XVII of div. A of Pub. L. 102-484, Oct. 23, 1992, 106 Stat.

2575, which is classified principally to chapter 69 (Sec. 6001 et

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

Code, see Short Title note set out under section 6001 of this title

and Tables.

Section 902(c) of the Food Security Act of 1985, referred to in

par. (7)(B), is section 902(c) of Pub. L. 99-198, title IX, Dec.

23, 1985, 99 Stat. 1443, which was set out as a note under former

section 1446g of Title 7, Agriculture.

The International Claims Settlement Act of 1949, referred to in

par. (12)(B)(i), is act Mar. 10, 1950, ch. 54, 64 Stat. 12, as

amended. Title V of the Act is classified generally to subchapter V

(Sec. 1643 et seq.) of chapter 21 of this title. For complete

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

out under section 1621 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1643l of this title.

-End-

-CITE-

22 USC Sec. 6024 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

-HEAD-

Sec. 6024. Severability

-STATUTE-

If any provision of this chapter or the amendments made by this

chapter or the application thereof to any person or circumstance is

held invalid, the remainder of this chapter, the amendments made by

this chapter, or the application thereof to other persons not

similarly situated or to other circumstances shall not be affected

by such invalidation.

-SOURCE-

(Pub. L. 104-114, Sec. 5, Mar. 12, 1996, 110 Stat. 791.)

-End-

-CITE-

22 USC SUBCHAPTER I - STRENGTHENING INTERNATIONAL

SANCTIONS AGAINST THE CASTRO

GOVERNMENT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6023 of this title.

-End-

-CITE-

22 USC Sec. 6031 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6031. Statement of policy

-STATUTE-

It is the sense of the Congress that -

(1) the acts of the Castro government, including its massive,

systematic, and extraordinary violations of human rights, are a

threat to international peace;

(2) the President should advocate, and should instruct the

United States Permanent Representative to the United Nations to

propose and seek within the Security Council, a mandatory

international embargo against the totalitarian Cuban Government

pursuant to chapter VII of the Charter of the United Nations,

employing efforts similar to consultations conducted by United

States representatives with respect to Haiti;

(3) any resumption of efforts by any independent state of the

former Soviet Union to make operational any nuclear facilities in

Cuba, and any continuation of intelligence activities by such a

state from Cuba that are targeted at the United States and its

citizens will have a detrimental impact on United States

assistance to such state; and

(4) in view of the threat to the national security posed by the

operation of any nuclear facility, and the Castro government's

continuing blackmail to unleash another wave of Cuban refugees

fleeing from Castro's oppression, most of whom find their way to

United States shores, further depleting limited humanitarian and

other resources of the United States, the President should do all

in his power to make it clear to the Cuban Government that -

(A) the completion and operation of any nuclear power

facility, or

(B) any further political manipulation of the desire of

Cubans to escape that results in mass migration to the United

States,

will be considered an act of aggression which will be met with an

appropriate response in order to maintain the security of the

national borders of the United States and the health and safety

of the American people.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 101, Mar. 12, 1996, 110 Stat. 791.)

-End-

-CITE-

22 USC Sec. 6032 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6032. Enforcement of economic embargo of Cuba

-STATUTE-

(a) Policy

(1) Restrictions by other countries

The Congress hereby reaffirms section 1704(a) of the Cuban

Democracy Act of 1992 [22 U.S.C. 6003(a)], which states that the

President should encourage foreign countries to restrict trade

and credit relations with Cuba in a manner consistent with the

purposes of that Act [22 U.S.C. 6001 et seq.].

(2) Sanctions on other countries

The Congress further urges the President to take immediate

steps to apply the sanctions described in section 1704(b)(1) of

that Act [22 U.S.C. 6003(b)(1)] against countries assisting Cuba.

(b) Diplomatic efforts

The Secretary of State should ensure that United States

diplomatic personnel abroad understand and, in their contacts with

foreign officials, are communicating the reasons for the United

States economic embargo of Cuba, and are urging foreign governments

to cooperate more effectively with the embargo.

(c) Existing regulations

The President shall instruct the Secretary of the Treasury and

the Attorney General to enforce fully the Cuban Assets Control

Regulations set forth in part 515 of title 31, Code of Federal

Regulations.

(d) Omitted

(e) Denial of visas to certain Cuban nationals

It is the sense of the Congress that the President should

instruct the Secretary of State and the Attorney General to enforce

fully existing regulations to deny visas to Cuban nationals

considered by the Secretary of State to be officers or employees of

the Cuban Government or of the Communist Party of Cuba.

(f), (g) Omitted

(h) Codification of economic embargo

The economic embargo of Cuba, as in effect on March 1, 1996,

including all restrictions under part 515 of title 31, Code of

Federal Regulations, shall be in effect on March 12, 1996, and

shall remain in effect, subject to section 6064 of this title.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 102, Mar. 12, 1996, 110 Stat. 792.)

-REFTEXT-

REFERENCES IN TEXT

The Cuban Democracy Act of 1992, referred to in subsec. (a), is

title XVII of div. A of Pub. L. 102-484, Oct. 23, 1992, 106 Stat.

2575, which is classified principally to chapter 69 (Sec. 6001 et

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

Code, see Short Title note set out under section 6001 of this title

and Tables.

-COD-

CODIFICATION

Section is comprised of section 102 of Pub. L. 104-114. Subsec.

(d) of section 102 of Pub. L. 104-114 amended section 16 of Title

50, Appendix, War and National Defense. Subsecs. (f) and (g) of

section 102 of Pub. L. 104-114 amended sections 6003 and 6004 of

this title, respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6039 of this title.

-End-

-CITE-

22 USC Sec. 6033 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6033. Prohibition against indirect financing of Cuba

-STATUTE-

(a) Prohibition

Notwithstanding any other provision of law, no loan, credit, or

other financing may be extended knowingly by a United States

national, a permanent resident alien, or a United States agency to

any person for the purpose of financing transactions involving any

confiscated property the claim to which is owned by a United States

national as of March 12, 1996, except for financing by the United

States national owning such claim for a transaction permitted under

United States law.

(b) Suspension and termination of prohibition

(1) Suspension

The President is authorized to suspend the prohibition

contained in subsection (a) of this section upon a determination

made under section 6063(c)(1) of this title that a transition

government in Cuba is in power.

(2) Termination

The prohibition contained in subsection (a) of this section

shall cease to apply on the date on which the economic embargo of

Cuba terminates as provided in section 6064 of this title.

(c) Penalties

Violations of subsection (a) of this section shall be punishable

by such civil penalties as are applicable to violations of the

Cuban Assets Control Regulations set forth in part 515 of title 31,

Code of Federal Regulations.

(d) Definitions

As used in this section -

(1) the term "permanent resident alien" means an alien lawfully

admitted for permanent residence into the United States; and

(2) the term "United States agency" has the meaning given the

term "agency" in section 551(1) of title 5.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 103, Mar. 12, 1996, 110 Stat. 794.)

-End-

-CITE-

22 USC Sec. 6034 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6034. United States opposition to Cuban membership in

international financial institutions

-STATUTE-

(a) Continued opposition to Cuban membership in international

financial institutions

(1) In general

Except as provided in paragraph (2), the Secretary of the

Treasury shall instruct the United States executive director of

each international financial institution to use the voice and

vote of the United States to oppose the admission of Cuba as a

member of such institution until the President submits a

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

democratically elected government in Cuba is in power.

(2) Transition government

Once the President submits a determination under section

6063(c)(1) of this title that a transition government in Cuba is

in power -

(A) the President is encouraged to take steps to support the

processing of Cuba's application for membership in any

international financial institution, subject to the membership

taking effect after a democratically elected government in Cuba

is in power, and

(B) the Secretary of the Treasury is authorized to instruct

the United States executive director of each international

financial institution to support loans or other assistance to

Cuba only to the extent that such loans or assistance

contribute to a stable foundation for a democratically elected

government in Cuba.

(b) Reduction in United States payments to international financial

institutions

If any international financial institution approves a loan or

other assistance to the Cuban Government over the opposition of the

United States, then the Secretary of the Treasury shall withhold

from payment to such institution an amount equal to the amount of

the loan or other assistance, with respect to either of the

following types of payment:

(1) The paid-in portion of the increase in capital stock of the

institution.

(2) The callable portion of the increase in capital stock of

the institution.

(c) "International financial institution" defined

For purposes of this section, the term "international financial

institution" means the International Monetary Fund, the

International Bank for Reconstruction and Development, the

International Development Association, the International Finance

Corporation, the Multilateral Investment Guaranty Agency, and the

Inter-American Development Bank.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 104, Mar. 12, 1996, 110 Stat. 794.)

-End-

-CITE-

22 USC Sec. 6035 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6035. United States opposition to termination of suspension of

Cuban Government from participation in Organization of American

States

-STATUTE-

The President should instruct the United States Permanent

Representative to the Organization of American States to oppose and

vote against any termination of the suspension of the Cuban

Government from participation in the Organization until the

President determines under section 6063(c)(3) of this title that a

democratically elected government in Cuba is in power.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 105, Mar. 12, 1996, 110 Stat. 795.)

-End-

-CITE-

22 USC Sec. 6036 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6036. Assistance by independent states of former Soviet Union

for Cuban Government

-STATUTE-

(a) Reporting requirement

Not later than 90 days after March 12, 1996, the President shall

submit to the appropriate congressional committees a report

detailing progress toward the withdrawal of personnel of any

independent state of the former Soviet Union (within the meaning of

section 5801 of this title), including advisers, technicians, and

military personnel, from the Cienfuegos nuclear facility in Cuba.

(b), (c) Omitted

(d) Facilities at Lourdes, Cuba

(1) Disapproval of credits

The Congress expresses its strong disapproval of the extension

by Russia of credits equivalent to $200,000,000 in support of the

intelligence facility at Lourdes, Cuba, in November 1994.

(2) Omitted

-SOURCE-

(Pub. L. 104-114, title I, Sec. 106, Mar. 12, 1996, 110 Stat. 795.)

-COD-

CODIFICATION

Section is comprised of section 106 of Pub. L. 104-114. Subsecs.

(b), (c), and (d)(2) of section 106 of Pub. L. 104-114 amended

sections 2295a and 2295b of this title.

-End-

-CITE-

22 USC Sec. 6037 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6037. Television broadcasting to Cuba

-STATUTE-

(a) Conversion to UHF

The Director of the International Broadcasting Bureau shall

implement a conversion of television broadcasting to Cuba under the

Television Marti Service to ultra high frequency (UHF)

broadcasting.

(b) Periodic reports

Not later than 45 days after March 12, 1996, and every three

months thereafter until the conversion described in subsection (a)

of this section is fully implemented, the Director of the

International Broadcasting Bureau shall submit a report to the

appropriate congressional committees on the progress made in

carrying out subsection (a) of this section.

(c) Termination of broadcasting authorities

Upon transmittal of a determination under section 6063(c)(3) of

this title, the Television Broadcasting to Cuba Act (22 U.S.C.

1465aa and following) and the Radio Broadcasting to Cuba Act (22

U.S.C. 1465 and following) are repealed.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 107, Mar. 12, 1996, 110 Stat. 798;

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(r), Oct.

21, 1998, 112 Stat. 2681-790.)

-REFTEXT-

REFERENCES IN TEXT

The Television Broadcasting to Cuba Act, referred to in subsec.

(c), is part D of title II of Pub. L. 101-246, Feb. 16, 1990, 104

Stat. 58, as amended, which is classified principally to subchapter

V-B (Sec. 1465aa et seq.) of chapter 18 of this title. For complete

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

out under section 1465aa of this title and Tables.

The Radio Broadcasting to Cuba Act, referred to in subsec. (c),

is Pub. L. 98-111, Oct. 4, 1983, 97 Stat. 749, as amended, which is

classified generally to subchapter V-A (Sec. 1465 et seq.) of

chapter 18 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 1465 of

this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsecs. (a), (b). Pub. L. 105-277 substituted "Director

of the International Broadcasting Bureau" for "Director of the

United States Information Agency".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.

-End-

-CITE-

22 USC Sec. 6038 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6038. Reports on commerce with, and assistance to, Cuba from

other foreign countries

-STATUTE-

(a) Reports required

Not later than 90 days after March 12, 1996, and by January 1 of

each year thereafter until the President submits a determination

under section 6063(c)(1) of this title, the President shall submit

a report to the appropriate congressional committees on commerce

with, and assistance to, Cuba from other foreign countries during

the preceding 12-month period.

(b) Contents of reports

Each report required by subsection (a) of this section shall, for

the period covered by the report, contain the following, to the

extent such information is available:

(1) A description of all bilateral assistance provided to Cuba

by other foreign countries, including humanitarian assistance.

(2) A description of Cuba's commerce with foreign countries,

including an identification of Cuba's trading partners and the

extent of such trade.

(3) A description of the joint ventures completed, or under

consideration, by foreign nationals and business firms involving

facilities in Cuba, including an identification of the location

of the facilities involved and a description of the terms of

agreement of the joint ventures and the names of the parties that

are involved.

(4) A determination as to whether or not any of the facilities

described in paragraph (3) is the subject of a claim against Cuba

by a United States national.

(5) A determination of the amount of debt of the Cuban

Government that is owed to each foreign country, including -

(A) the amount of debt exchanged, forgiven, or reduced under

the terms of each investment or operation in Cuba involving

foreign nationals; and

(B) the amount of debt owed the foreign country that has been

exchanged, forgiven, or reduced in return for a grant by the

Cuban Government of an equity interest in a property,

investment, or operation of the Cuban Government or of a Cuban

national.

(6) A description of the steps taken to assure that raw

materials and semifinished or finished goods produced by

facilities in Cuba involving foreign nationals do not enter the

United States market, either directly or through third countries

or parties.

(7) An identification of countries that purchase, or have

purchased, arms or military supplies from Cuba or that otherwise

have entered into agreements with Cuba that have a military

application, including -

(A) a description of the military supplies, equipment, or

other material sold, bartered, or exchanged between Cuba and

such countries,

(B) a listing of the goods, services, credits, or other

consideration received by Cuba in exchange for military

supplies, equipment, or material, and

(C) the terms or conditions of any such agreement.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 108, Mar. 12, 1996, 110 Stat. 798.)

-End-

-CITE-

22 USC Sec. 6039 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6039. Authorization of support for democratic and human rights

groups and international observers

-STATUTE-

(a) Authorization

Notwithstanding any other provision of law (including section

6032 of this title), except for section 2394-1 of this title and

comparable notification requirements contained in any Act making

appropriations for foreign operations, export financing, and

related programs, the President is authorized to furnish assistance

and provide other support for individuals and independent

nongovernmental organizations to support democracy-building efforts

for Cuba, including the following:

(1) Published and informational matter, such as books, videos,

and cassettes, on transitions to democracy, human rights, and

market economies, to be made available to independent democratic

groups in Cuba.

(2) Humanitarian assistance to victims of political repression,

and their families.

(3) Support for democratic and human rights groups in Cuba.

(4) Support for visits and permanent deployment of independent

international human rights monitors in Cuba.

(b) OAS emergency fund

(1) For support of human rights and elections

The President shall take the necessary steps to encourage the

Organization of American States to create a special emergency

fund for the explicit purpose of deploying human rights

observers, election support, and election observation in Cuba.

(2) Action of other member states

The President should instruct the United States Permanent

Representative to the Organization of American States to

encourage other member states of the Organization to join in

calling for the Cuban Government to allow the immediate

deployment of independent human rights monitors of the

Organization throughout Cuba and on-site visits to Cuba by the

Inter-American Commission on Human Rights.

(3) Voluntary contributions for fund

Notwithstanding section 2227 of this title or any other

provision of law limiting the United States proportionate share

of assistance to Cuba by any international organization, the

President should provide not less than $5,000,000 of the

voluntary contributions of the United States to the Organization

of American States solely for the purposes of the special fund

referred to in paragraph (1).

(c) Denial of funds to Cuban Government

In implementing this section, the President shall take all

necessary steps to ensure that no funds or other assistance is

provided to the Cuban Government.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 109, Mar. 12, 1996, 110 Stat. 799.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7207 of this title.

-End-

-CITE-

22 USC Sec. 6040 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6040. Importation safeguard against certain Cuban products

-STATUTE-

(a) Prohibition on import of and dealings in Cuban products

The Congress notes that section 515.204 of title 31, Code of

Federal Regulations, prohibits the entry of, and dealings outside

the United States in, merchandise that -

(1) is of Cuban origin;

(2) is or has been located in or transported from or through

Cuba; or

(3) is made or derived in whole or in part of any article which

is the growth, produce, or manufacture of Cuba.

(b) Effect of NAFTA

The Congress notes that United States accession to the North

American Free Trade Agreement does not modify or alter the United

States sanctions against Cuba. The statement of administrative

action accompanying that trade agreement specifically states the

following:

(1) "The NAFTA rules of origin will not in any way diminish the

Cuban sanctions program. . . . Nothing in the NAFTA would operate

to override this prohibition.".

(2) "Article 309(3) [of the NAFTA] permits the United States to

ensure that Cuban products or goods made from Cuban materials are

not imported into the United States from Mexico or Canada and

that United States products are not exported to Cuba through

those countries.".

(c) Restriction of sugar imports

The Congress notes that section 902(c) of the Food Security Act

of 1985 (Public Law 99-198) requires the President not to allocate

any of the sugar import quota to a country that is a net importer

of sugar unless appropriate officials of that country verify to the

President that the country does not import for reexport to the

United States any sugar produced in Cuba.

(d) Assurances regarding sugar products

Protection of essential security interests of the United States

requires assurances that sugar products that are entered, or

withdrawn from warehouse for consumption, into the customs

territory of the United States are not products of Cuba.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 110, Mar. 12, 1996, 110 Stat. 800.)

-REFTEXT-

REFERENCES IN TEXT

Section 902(c) of the Food Security Act of 1985, referred to in

subsec. (c), is section 902(c) of Pub. L. 99-198, which is set out

as a note under section 1446g of Title 7, Agriculture.

-End-

-CITE-

22 USC Sec. 6041 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6041. Withholding of foreign assistance from countries

supporting Juragua nuclear plant in Cuba

-STATUTE-

(a) Findings

The Congress makes the following findings:

(1) President Clinton stated in April 1993 that the United

States opposed the construction of the Juragua nuclear power

plant because of the concerns of the United States about Cuba's

ability to ensure the safe operation of the facility and because

of Cuba's refusal to sign the Nuclear Non-Proliferation Treaty or

ratify the Treaty of Tlatelolco.

(2) Cuba has not signed the Treaty on the Non-Proliferation of

Nuclear Weapons or ratified the Treaty of Tlatelolco, the latter

of which establishes Latin America and the Caribbean as a nuclear

weapons-free zone.

(3) The State Department, the Nuclear Regulatory Commission,

and the Department of Energy have expressed concerns about the

construction and operation of Cuba's nuclear reactors.

(4) In a September 1992 report to the Congress, the General

Accounting Office outlined concerns among nuclear energy experts

about deficiencies in the nuclear plant project in Juragua, near

Cienfuegos, Cuba, including -

(A) a lack in Cuba of a nuclear regulatory structure;

(B) the absence in Cuba of an adequate infrastructure to

ensure the plant's safe operation and requisite maintenance;

(C) the inadequacy of training of plant operators;

(D) reports by a former technician from Cuba who, by

examining with x-rays weld sites believed to be part of the

auxiliary plumbing system for the plant, found that 10 to 15

percent of those sites were defective;

(E) since September 5, 1992, when construction on the plant

was halted, the prolonged exposure to the elements, including

corrosive salt water vapor, of the primary reactor components;

and

(F) the possible inadequacy of the upper portion of the

reactors' dome retention capability to withstand only 7 pounds

of pressure per square inch, given that normal atmospheric

pressure is 32 pounds per square inch and United States

reactors are designed to accommodate pressures of 50 pounds per

square inch.

(5) The United States Geological Survey claims that it had

difficulty determining answers to specific questions regarding

earthquake activity in the area near Cienfuegos because the Cuban

Government was not forthcoming with information.

(6) The Geological Survey has indicated that the Caribbean

plate, a geological formation near the south coast of Cuba, may

pose seismic risks to Cuba and the site of the power plant, and

may produce large to moderate earthquakes.

(7) On May 25, 1992, the Caribbean plate produced an earthquake

numbering 7.0 on the Richter scale.

(8) According to a study by the National Oceanic and

Atmospheric Administration, summer winds could carry radioactive

pollutants from a nuclear accident at the power plant throughout

all of Florida and parts of the States on the coast of the Gulf

of Mexico as far as Texas, and northern winds could carry the

pollutants as far northeast as Virginia and Washington, D.C.

(9) The Cuban Government, under dictator Fidel Castro, in 1962

advocated the Soviets' launching of nuclear missiles to the

United States, which represented a direct and dangerous

provocation of the United States and brought the world to the

brink of a nuclear conflict.

(10) Fidel Castro over the years has consistently issued

threats against the United States Government, most recently that

he would unleash another perilous mass migration from Cuba upon

the enactment of this chapter.

(11) Despite the various concerns about the plant's safety and

operational problems, a feasibility study is being conducted that

would establish a support group to include Russia, Cuba, and

third countries with the objective of completing and operating

the plant.

(b) Withholding of foreign assistance

(1) In general

Notwithstanding any other provision of law, the President shall

withhold from assistance allocated, on or after March 12, 1996,

for any country an amount equal to the sum of assistance and

credits, if any, provided on or after March 12, 1996, by that

country or any entity in that country in support of the

completion of the Cuban nuclear facility at Juragua, near

Cienfuegos, Cuba.

(2) Exceptions

The requirement of paragraph (1) to withhold assistance shall

not apply with respect to -

(A) assistance to meet urgent humanitarian needs, including

disaster and refugee relief;

(B) democratic political reform or rule of law activities;

(C) the creation of private sector or nongovernmental

organizations that are independent of government control;

(D) the development of a free market economic system;

(E) assistance for the purposes described in the Cooperative

Threat Reduction Act of 1993 (title XII of Public Law 103-160)

[22 U.S.C. 5951 et seq.]; or

(F) assistance under the secondary school exchange program

administered by the United States Information Agency.

(3) "Assistance" defined

As used in paragraph (1), the term "assistance" means

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

2151 et seq.], credits, sales, guarantees of extensions of

credit, and other assistance under the Arms Export Control Act

[22 U.S.C. 2751 et seq.], assistance under titles I and III of

the Agricultural Trade Development and Assistance Act of 1954 [7

U.S.C. 1701 et seq., 1727 et seq.], assistance under the FREEDOM

Support Act, and any other program of assistance or credits

provided by the United States to other countries under other

provisions of law.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 111, Mar. 12, 1996, 110 Stat. 800.)

-REFTEXT-

REFERENCES IN TEXT

Upon the enactment of this chapter, referred to in subsec.

(a)(10), means the date of enactment of Pub. L. 104-114, which was

approved Mar. 12, 1996.

The Cooperative Threat Reduction Act of 1993, referred to in

subsec. (b)(2)(E), is title XII of div. A of Pub. L. 103-160, Nov.

30, 1993, 107 Stat. 1777, which is classified generally to chapter

68A (Sec. 5951 et seq.) of this title. For complete classification

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

5951 of this title and Tables.

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

(b)(3), 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)(3), 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.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (b)(3), is act July 10, 1954, ch. 469, 68

Stat. 454, as amended. Titles I and III of the Act are classified

generally to subchapters II (Sec. 1701 et seq.) and III-A (Sec.

1727 et seq.), respectively, of chapter 41 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.

The FREEDOM Support Act, referred to in subsec. (b)(3), is Pub.

L. 102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known

as the Freedom for Russia and Emerging Eurasian Democracies and

Open Markets Support Act of 1992. For complete classification of

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

5801 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-End-

-CITE-

22 USC Sec. 6042 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6042. Reinstitution of family remittances and travel to Cuba

-STATUTE-

It is the sense of the Congress that the President should -

(1)(A) before considering the reinstitution of general licenses

for family remittances to Cuba, insist that, prior to such

reinstitution, the Cuban Government permit the unfettered

operation of small businesses fully empowered with the right to

hire others to whom they may pay wages and to buy materials

necessary in the operation of the businesses, and with such other

authority and freedom as are required to foster the operation of

small businesses throughout Cuba; and

(B) if licenses described in subparagraph (A) are reinstituted,

require a specific license for remittances described in

subparagraph (A) in amounts of more than $500; and

(2) before considering the reinstitution of general licenses

for travel to Cuba by individuals resident in the United States

who are family members of Cuban nationals who are resident in

Cuba, insist on such actions by the Cuban Government as

abrogation of the sanction for departure from Cuba by refugees,

release of political prisoners, recognition of the right of

association, and other fundamental freedoms.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 112, Mar. 12, 1996, 110 Stat. 802.)

-End-

-CITE-

22 USC Sec. 6043 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6043. Expulsion of criminals from Cuba

-STATUTE-

The President shall instruct all United States Government

officials who engage in official contacts with the Cuban Government

to raise on a regular basis the extradition of or rendering to the

United States all persons residing in Cuba who are sought by the

United States Department of Justice for crimes committed in the

United States.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 113, Mar. 12, 1996, 110 Stat. 803.)

-End-

-CITE-

22 USC Sec. 6044 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6044. News bureaus in Cuba

-STATUTE-

(a) Establishment of news bureaus

The President is authorized to establish and implement an

exchange of news bureaus between the United States and Cuba, if the

exchange meets the following conditions:

(1) The exchange is fully reciprocal.

(2) The Cuban Government agrees not to interfere with the

establishment of news bureaus or with the movement in Cuba of

journalists of any United States-based news organizations,

including Radio Marti and Television Marti.

(3) The Cuban Government agrees not to interfere with decisions

of United States-based news organizations with respect to

individuals assigned to work as journalists in their news bureaus

in Cuba.

(4) The Department of the Treasury is able to ensure that only

accredited journalists regularly employed with a news gathering

organization travel to Cuba under this subsection.

(5) The Cuban Government agrees not to interfere with the

transmission of telecommunications signals of news bureaus or

with the distribution within Cuba of publications of any United

States-based news organization that has a news bureau in Cuba.

(b) Assurance against espionage

In implementing this section, the President shall take all

necessary steps to ensure the safety and security of the United

States against espionage by Cuban journalists it believes to be

working for the intelligence agencies of the Cuban Government.

(c) Fully reciprocal

As used in subsection (a)(1) of this section, the term "fully

reciprocal" means that all news services, news organizations, and

broadcasting services, including such services or organizations

that receive financing, assistance, or other support from a

governmental or official source, are permitted to establish and

operate a news bureau in the United States and Cuba.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 114, Mar. 12, 1996, 110 Stat. 803.)

-End-

-CITE-

22 USC Sec. 6045 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6045. Effect of chapter on lawful United States Government

activities

-STATUTE-

Nothing in this chapter prohibits any lawfully authorized

investigative, protective, or intelligence activity of a law

enforcement agency, or of an intelligence agency, of the United

States.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 115, Mar. 12, 1996, 110 Stat. 803.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 104-114, Mar. 12, 1996, 110 Stat. 785, known

as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of

1996, which is classified principally to this chapter. For complete

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

out under section 6021 of this title and Tables.

-End-

-CITE-

22 USC Sec. 6046 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER I - STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE

CASTRO GOVERNMENT

-HEAD-

Sec. 6046. Condemnation of Cuban attack on American aircraft

-STATUTE-

(a) Findings

The Congress makes the following findings:

(1) Brothers to the Rescue is a Miami-based humanitarian

organization engaged in searching for and aiding Cuban refugees

in the Straits of Florida, and was engaged in such a mission on

Saturday, February 24, 1996.

(2) The members of Brothers to the Rescue were flying unarmed

and defenseless planes in a mission identical to hundreds they

have flown since 1991 and posed no threat whatsoever to the Cuban

Government, the Cuban military, or the Cuban people.

(3) Statements by the Cuban Government that Brothers to the

Rescue has engaged in covert operations, bombing campaigns, and

commando operations against the Government of Cuba have no basis

in fact.

(4) The Brothers to the Rescue aircraft notified air traffic

controllers as to their flight plans, which would take them south

of the 24th parallel and close to Cuban airspace.

(5) International law provides a nation with airspace over the

12-mile territorial sea.

(6) The response of Fidel Castro's dictatorship to Saturday's

afternoon flight was to scramble 2 fighter jets from a Havana

airfield.

(7) At approximately 3:24 p.m., the pilot of one of the Cuban

MiGs received permission and proceeded to shoot down one Brothers

to the Rescue airplane more than 6 miles north of the Cuban

exclusion zone, or 18 miles from the Cuban coast.

(8) Approximately 7 minutes later, the pilot of the Cuban

fighter jet received permission and proceeded to shoot down the

second Brothers to the Rescue airplane almost 18.5 miles north of

the Cuban exclusion zone, or 30.5 miles from the Cuban coast.

(9) The Cuban dictatorship, if it truly felt threatened by the

flight of these unarmed aircraft, could have and should have

pursued other peaceful options as required by international law.

(10) The response chosen by Fidel Castro, the use of lethal

force, was completely inappropriate to the situation presented to

the Cuban Government, making such actions a blatant and barbaric

violation of international law and tantamount to cold-blooded

murder.

(11) There were no survivors of the attack on these aircraft,

and the crew of a third aircraft managed to escape this criminal

attack by Castro's Air Force.

(12) The crew members of the destroyed planes, Pablo Morales,

Carlos Costa, Mario de la Pena, and Armando Alejandre, were

United States citizens from Miami flying with Brothers to the

Rescue on a voluntary basis.

(13) It is incumbent upon the United States Government to

protect the lives and livelihoods of United States citizens as

well as the rights of free passage and humanitarian missions.

(14) This premeditated act took place after a week-long wave of

repression by the Cuban Government against Concilio Cubano, an

umbrella organization of human rights activists, dissidents,

independent economists, and independent journalists, among

others.

(15) The wave of repression against Concilio Cubano, whose

membership is committed to peaceful democratic change in Cuba,

included arrests, strip searches, house arrests, and in some

cases sentences to more than 1 year in jail.

(b) Statements by Congress

(1) The Congress strongly condemns the act of terrorism by the

Castro regime in shooting down the Brothers to the Rescue aircraft

on February 24, 1996.

(2) The Congress extends its condolences to the families of Pablo

Morales, Carlos Costa, Mario de la Pena, and Armando Alejandre, the

victims of the attack.

(3) The Congress urges the President to seek, in the

International Court of Justice, indictment for this act of

terrorism by Fidel Castro.

-SOURCE-

(Pub. L. 104-114, title I, Sec. 116, Mar. 12, 1996, 110 Stat. 803.)

-End-

-CITE-

22 USC SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT

CUBA 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-HEAD-

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-End-

-CITE-

22 USC Sec. 6061 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-HEAD-

Sec. 6061. Policy toward transition government and democratically

elected government in Cuba

-STATUTE-

The policy of the United States is as follows:

(1) To support the self-determination of the Cuban people.

(2) To recognize that the self-determination of the Cuban

people is a sovereign and national right of the citizens of Cuba

which must be exercised free of interference by the government of

any other country.

(3) To encourage the Cuban people to empower themselves with a

government which reflects the self-determination of the Cuban

people.

(4) To recognize the potential for a difficult transition from

the current regime in Cuba that may result from the initiatives

taken by the Cuban people for self-determination in response to

the intransigence of the Castro regime in not allowing any

substantive political or economic reforms, and to be prepared to

provide the Cuban people with humanitarian, developmental, and

other economic assistance.

(5) In solidarity with the Cuban people, to provide appropriate

forms of assistance -

(A) to a transition government in Cuba;

(B) to facilitate the rapid movement from such a transition

government to a democratically elected government in Cuba that

results from an expression of the self-determination of the

Cuban people; and

(C) to support such a democratically elected government.

(6) Through such assistance, to facilitate a peaceful

transition to representative democracy and a market economy in

Cuba and to consolidate democracy in Cuba.

(7) To deliver such assistance to the Cuban people only through

a transition government in Cuba, through a democratically elected

government in Cuba, through United States Government

organizations, or through United States, international, or

indigenous nongovernmental organizations.

(8) To encourage other countries and multilateral organizations

to provide similar assistance, and to work cooperatively with

such countries and organizations to coordinate such assistance.

(9) To ensure that appropriate assistance is rapidly provided

and distributed to the people of Cuba upon the institution of a

transition government in Cuba.

(10) Not to provide favorable treatment or influence on behalf

of any individual or entity in the selection by the Cuban people

of their future government.

(11) To assist a transition government in Cuba and a

democratically elected government in Cuba to prepare the Cuban

military forces for an appropriate role in a democracy.

(12) To be prepared to enter into negotiations with a

democratically elected government in Cuba either to return the

United States Naval Base at Guantanamo to Cuba or to renegotiate

the present agreement under mutually agreeable terms.

(13) To consider the restoration of diplomatic recognition and

support the reintegration of the Cuban Government into

Inter-American organizations when the President determines that

there exists a democratically elected government in Cuba.

(14) To take steps to remove the economic embargo of Cuba when

the President determines that a transition to a democratically

elected government in Cuba has begun.

(15) To assist a democratically elected government in Cuba to

strengthen and stabilize its national currency.

(16) To pursue trade relations with a free, democratic, and

independent Cuba.

-SOURCE-

(Pub. L. 104-114, title II, Sec. 201, Mar. 12, 1996, 110 Stat.

805.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6062 of this title.

-End-

-CITE-

22 USC Sec. 6062 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-HEAD-

Sec. 6062. Assistance for Cuban people

-STATUTE-

(a) Authorization

(1) In general

The President shall develop a plan for providing economic

assistance to Cuba at such time as the President determines that

a transition government or a democratically elected government in

Cuba (as determined under section 6063(c) of this title) is in

power.

(2) Effect on other laws

Assistance may be provided under this section subject to an

authorization of appropriations and subject to the availability

of appropriations.

(b) Plan for assistance

(1) Development of plan

The President shall develop a plan for providing assistance

under this section -

(A) to Cuba when a transition government in Cuba is in power;

and

(B) to Cuba when a democratically elected government in Cuba

is in power.

(2) Types of assistance

Assistance under the plan developed under paragraph (1) may,

subject to an authorization of appropriations and subject to the

availability of appropriations, include the following:

(A) Transition government

(i) Except as provided in clause (ii), assistance to Cuba

under a transition government shall, subject to an

authorization of appropriations and subject to the availability

of appropriations, be limited to -

(I) such food, medicine, medical supplies and equipment,

and assistance to meet emergency energy needs, as is

necessary to meet the basic human needs of the Cuban people;

and

(II) assistance described in subparagraph (C).

(ii) Assistance in addition to assistance under clause (i)

may be provided, but only after the President certifies to the

appropriate congressional committees, in accordance with

procedures applicable to reprogramming notifications under

section 634A of the Foreign Assistance Act of 1961 [22 U.S.C.

2394-1], that such assistance is essential to the successful

completion of the transition to democracy.

(iii) Only after a transition government in Cuba is in power,

freedom of individuals to travel to visit their relatives

without any restrictions shall be permitted.

(B) Democratically elected government

Assistance to a democratically elected government in Cuba

may, subject to an authorization of appropriations and subject

to the availability of appropriations, consist of economic

assistance in addition to assistance available under

subparagraph (A), together with assistance described in

subparagraph (C). Such economic assistance may include -

(i) assistance under chapter 1 of part I [22 U.S.C. 2151 et

seq.] (relating to development assistance), and chapter 4 of

part II [22 U.S.C. 2346 et seq.] (relating to the economic

support fund), of the Foreign Assistance Act of 1961;

(ii) assistance under the Agricultural Trade Development

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

(iii) financing, guarantees, and other forms of assistance

provided by the Export-Import Bank of the United States;

(iv) financial support provided by the Overseas Private

Investment Corporation for investment projects in Cuba;

(v) assistance provided by the Trade and Development

Agency;

(vi) Peace Corps programs; and

(vii) other appropriate assistance to carry out the policy

of section 6061 of this title.

(C) Military adjustment assistance

Assistance to a transition government in Cuba and to a

democratically elected government in Cuba shall also include

assistance in preparing the Cuban military forces to adjust to

an appropriate role in a democracy.

(c) Strategy for distribution

The plan developed under subsection (b) of this section shall

include a strategy for distributing assistance under the plan.

(d) Distribution

Assistance under the plan developed under subsection (b) of this

section shall be provided through United States Government

organizations and nongovernmental organizations and private and

voluntary organizations, whether within or outside the United

States, including humanitarian, educational, labor, and private

sector organizations.

(e) International efforts

The President shall take the necessary steps -

(1) to seek to obtain the agreement of other countries and of

international financial institutions and multilateral

organizations to provide to a transition government in Cuba, and

to a democratically elected government in Cuba, assistance

comparable to that provided by the United States under this

chapter; and

(2) to work with such countries, institutions, and

organizations to coordinate all such assistance programs.

(f) Communication with Cuban people

The President shall take the necessary steps to communicate to

the Cuban people the plan for assistance developed under this

section.

(g) Report to Congress

Not later than 180 days after March 12, 1996, the President shall

transmit to the appropriate congressional committees a report

describing in detail the plan developed under this section.

(h) Report on trade and investment relations

(1) Report to Congress

The President, following the transmittal to the Congress of a

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

democratically elected government in Cuba is in power, shall

submit to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate and

the appropriate congressional committees a report that describes

-

(A) acts, policies, and practices which constitute

significant barriers to, or distortions of, United States trade

in goods or services or foreign direct investment with respect

to Cuba;

(B) policy objectives of the United States regarding trade

relations with a democratically elected government in Cuba, and

the reasons therefor, including possible -

(i) reciprocal extension of nondiscriminatory trade

treatment (most-favored-nation treatment);

(ii) designation of Cuba as a beneficiary developing

country under title V of the Trade Act of 1974 [19 U.S.C.

2461 et seq.] (relating to the Generalized System of

Preferences) or as a beneficiary country under the Caribbean

Basin Economic Recovery Act [19 U.S.C. 2701 et seq.], and the

implications of such designation with respect to trade with

any other country that is such a beneficiary developing

country or beneficiary country or is a party to the North

American Free Trade Agreement; and

(iii) negotiations regarding free trade, including the

accession of Cuba to the North American Free Trade Agreement;

(C) specific trade negotiating objectives of the United

States with respect to Cuba, including the objectives described

in section 3317(b)(5) of title 19; and

(D) actions proposed or anticipated to be undertaken, and any

proposed legislation necessary or appropriate, to achieve any

of such policy and negotiating objectives.

(2) Consultation

The President shall consult with the Committee on Ways and

Means of the House of Representatives and the Committee on

Finance of the Senate and the appropriate congressional

committees and shall seek advice from the appropriate advisory

committees established under section 135 of the Trade Act of 1974

[19 U.S.C. 2155] regarding the policy and negotiating objectives

and the legislative proposals described in paragraph (1).

-SOURCE-

(Pub. L. 104-114, title II, Sec. 202, Mar. 12, 1996, 110 Stat.

806.)

-REFTEXT-

REFERENCES IN TEXT

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

(b)(2)(B)(i), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Chapter 1 of part I and chapter 4 of part II of the Act

are classified generally to part I (Sec. 2151 et seq.) of

subchapter I and part IV (Sec. 2346 et seq.) of subchapter II,

respectively, of chapter 32 of this title. For provisions deeming

references to part I of subchapter I to include a reference to

section 2293 of this title, see section 2293(d)(1) 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 subsec. (b)(2)(B)(ii), 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.

This chapter, referred to in subsec. (e)(1), was in the original

"this Act", meaning Pub. L. 104-114, Mar. 12, 1996, 110 Stat. 785,

which is classified principally to this chapter. For complete

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

out under section 6021 of this title and Tables.

The Trade Act of 1974, referred to in subsec. (h)(1)(B)(ii), is

Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title V of

the Act is classified generally to subchapter V (Sec. 2461 et seq.)

of chapter 12 of Title 19, Customs Duties. For complete

classification of this Act to the Code, see section 2101 of Title

19 and Tables.

The Caribbean Basin Economic Recovery Act, referred to in subsec.

(h)(1)(B)(ii), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat.

384, which is classified principally to chapter 15 (Sec. 2701 et

seq.) of Title 19. For complete classification of this Act to the

Code, see Short Title note set out under section 2701 of Title 19

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6063 of this title.

-End-

-CITE-

22 USC Sec. 6063 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-HEAD-

Sec. 6063. Coordination of assistance program; implementation and

reports to Congress; reprogramming

-STATUTE-

(a) Coordinating official

The President shall designate a coordinating official who shall

be responsible for -

(1) implementing the strategy for distributing assistance

described in section 6062(b) of this title;

(2) ensuring the speedy and efficient distribution of such

assistance; and

(3) ensuring coordination among, and appropriate oversight by,

the agencies of the United States that provide assistance

described in section 6062(b) of this title, including resolving

any disputes among such agencies.

(b) United States-Cuba council

Upon making a determination under subsection (c)(3) of this

section that a democratically elected government in Cuba is in

power, the President, after consultation with the coordinating

official, is authorized to designate a United States-Cuba council -

(1) to ensure coordination between the United States Government

and the private sector in responding to change in Cuba, and in

promoting market-based development in Cuba; and

(2) to establish periodic meetings between representatives of

the United States and Cuban private sectors for the purpose of

facilitating bilateral trade.

(c) Implementation of plan; reports to Congress

(1) Implementation with respect to transition government

Upon making a determination that a transition government in

Cuba is in power, the President shall transmit that determination

to the appropriate congressional committees and shall, subject to

an authorization of appropriations and subject to the

availability of appropriations, commence the delivery and

distribution of assistance to such transition government under

the plan developed under section 6062(b) of this title.

(2) Reports to Congress

(A) The President shall transmit to the appropriate

congressional committees a report setting forth the strategy for

providing assistance described in section 6062(b)(2)(A) and (C)

of this title to the transition government in Cuba under the plan

of assistance developed under section 6062(b) of this title, the

types of such assistance, and the extent to which such assistance

has been distributed in accordance with the plan.

(B) The President shall transmit the report not later than 90

days after making the determination referred to in paragraph (1),

except that the President shall transmit the report in

preliminary form not later than 15 days after making that

determination.

(3) Implementation with respect to democratically elected

government

The President shall, upon determining that a democratically

elected government in Cuba is in power, submit that determination

to the appropriate congressional committees and shall, subject to

an authorization of appropriations and subject to the

availability of appropriations, commence the delivery and

distribution of assistance to such democratically elected

government under the plan developed under section 6062(b) of this

title.

(4) Annual reports to Congress

Not later than 60 days after the end of each fiscal year, the

President shall transmit to the appropriate congressional

committees a report on the assistance provided under the plan

developed under section 6062(b) of this title, including a

description of each type of assistance, the amounts expended for

such assistance, and a description of the assistance to be

provided under the plan in the current fiscal year.

(d) Reprogramming

Any changes in the assistance to be provided under the plan

developed under section 6062(b) of this title may not be made

unless the President notifies the appropriate congressional

committees at least 15 days in advance in accordance with the

procedures applicable to reprogramming notifications under section

2394-1 of this title.

-SOURCE-

(Pub. L. 104-114, title II, Sec. 203, Mar. 12, 1996, 110 Stat.

809.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6033, 6034, 6035, 6037,

6038, 6062, 6064, 6082 of this title.

-End-

-CITE-

22 USC Sec. 6064 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-HEAD-

Sec. 6064. Termination of economic embargo of Cuba

-STATUTE-

(a) Presidential actions

Upon submitting a determination to the appropriate congressional

committees under section 6063(c)(1) of this title that a transition

government in Cuba is in power, the President, after consultation

with the Congress, is authorized to take steps to suspend the

economic embargo of Cuba and to suspend the right of action created

in section 6082 of this title with respect to actions thereafter

filed against the Cuban Government, to the extent that such steps

contribute to a stable foundation for a democratically elected

government in Cuba.

(b) Suspension of certain provisions of law

In carrying out subsection (a) of this section, the President may

suspend the enforcement of -

(1) section 2370(a) of this title;

(2) section 2370(f) of this title with respect to the "Republic

of Cuba";

(3) sections 6003, 6004(d), and 6005 of this title;

(4) section 902(c) of the Food Security Act of 1985; and

(5) the prohibitions on transactions described in part 515 of

title 31, Code of Federal Regulations.

(c) Additional Presidential actions

Upon submitting a determination to the appropriate congressional

committees under section 6063(c)(3) of this title that a

democratically elected government in Cuba is in power, the

President shall take steps to terminate the economic embargo of

Cuba, including the restrictions under part 515 of title 31, Code

of Federal Regulations.

(d) Conforming amendments

On the date on which the President submits a determination under

section 6063(c)(3) of this title -

(1) section 2370(a) of this title is repealed;

(2) section 2370(f) of this title is amended by striking

"Republic of Cuba";

(3) sections 6003, 6004(d), and 6005 of this title are

repealed; and

(4) section 902(c) of the Food Security Act of 1985 is

repealed.

(e) Review of suspension of economic embargo

(1) Review

If the President takes action under subsection (a) of this

section to suspend the economic embargo of Cuba, the President

shall immediately so notify the Congress. The President shall

report to the Congress no less frequently than every 6 months

thereafter, until he submits a determination under section

6063(c)(3) of this title that a democratically elected government

in Cuba is in power, on the progress being made by Cuba toward

the establishment of such a democratically elected government.

The action of the President under subsection (a) of this section

shall cease to be effective upon the enactment of a joint

resolution described in paragraph (2).

(2) Joint resolutions

For purposes of this subsection, the term "joint resolution"

means only a joint resolution of the 2 Houses of Congress, the

matter after the resolving clause of which is as follows: "That

the Congress disapproves the action of the President under

section 204(a) of the Cuban Liberty and Democratic Solidarity

(LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba,

notice of which was submitted to the Congress on __.", with the

blank space being filled with the appropriate date.

(3) Referral to committees

Joint resolutions introduced in the House of Representatives

shall be referred to the Committee on International Relations and

joint resolutions introduced in the Senate shall be referred to

the Committee on Foreign Relations.

(4) Procedures

(A) Any joint resolution shall be considered in the Senate in

accordance with the provisions of section 601(b) of the

International Security Assistance and Arms Export Control Act of

1976.

(B) For the purpose of expediting the consideration and

enactment of joint resolutions, a motion to proceed to the

consideration of any joint resolution after it has been reported

by the appropriate committee shall be treated as highly

privileged in the House of Representatives.

(C) Not more than 1 joint resolution may be considered in the

House of Representatives and the Senate in the 6-month period

beginning on the date on which the President notifies the

Congress under paragraph (1) of the action taken under subsection

(a) of this section, and in each 6-month period thereafter.

-SOURCE-

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

810.)

-REFTEXT-

REFERENCES IN TEXT

Section 902(c) of the Food Security Act of 1985, referred to in

subsecs. (b)(4) and (d)(4), is section 902(c) of Pub. L. 99-198,

which is set out as a note under section 1446g of Title 7,

Agriculture.

Section 204(a) of the Cuban Liberty and Democratic Solidarity

(LIBERTAD) Act of 1996, referred to in subsec. (e)(2), is subsec.

(a) of this section.

Section 601(b) of the International Security Assistance and Arms

Export Control Act of 1976, referred to in subsec. (e)(4)(A), is

section 601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat.

765, which is not classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6032, 6033, 6082 of this

title.

-End-

-CITE-

22 USC Sec. 6065 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-HEAD-

Sec. 6065. Requirements and factors for determining transition

government

-STATUTE-

(a) Requirements

For the purposes of this chapter, a transition government in Cuba

is a government that -

(1) has legalized all political activity;

(2) has released all political prisoners and allowed for

investigations of Cuban prisons by appropriate international

human rights organizations;

(3) has dissolved the present Department of State Security in

the Cuban Ministry of the Interior, including the Committees for

the Defense of the Revolution and the Rapid Response Brigades;

and

(4) has made public commitments to organizing free and fair

elections for a new government -

(A) to be held in a timely manner within a period not to

exceed 18 months after the transition government assumes power;

(B) with the participation of multiple independent political

parties that have full access to the media on an equal basis,

including (in the case of radio, television, or other

telecommunications media) in terms of allotments of time for

such access and the times of day such allotments are given; and

(C) to be conducted under the supervision of internationally

recognized observers, such as the Organization of American

States, the United Nations, and other election monitors;

(5) has ceased any interference with Radio Marti or Television

Marti broadcasts;

(6) makes public commitments to and is making demonstrable

progress in -

(A) establishing an independent judiciary;

(B) respecting internationally recognized human rights and

basic freedoms as set forth in the Universal Declaration of

Human Rights, to which Cuba is a signatory nation;

(C) allowing the establishment of independent trade unions as

set forth in conventions 87 and 98 of the International Labor

Organization, and allowing the establishment of independent

social, economic, and political associations;

(7) does not include Fidel Castro or Raul Castro; and

(8) has given adequate assurances that it will allow the speedy

and efficient distribution of assistance to the Cuban people.

(b) Additional factors

In addition to the requirements in subsection (a) of this

section, in determining whether a transition government in Cuba is

in power, the President shall take into account the extent to which

that government -

(1) is demonstrably in transition from a communist totalitarian

dictatorship to representative democracy;

(2) has made public commitments to, and is making demonstrable

progress in -

(A) effectively guaranteeing the rights of free speech and

freedom of the press, including granting permits to privately

owned media and telecommunications companies to operate in

Cuba;

(B) permitting the reinstatement of citizenship to Cuban-born

persons returning to Cuba;

(C) assuring the right to private property; and

(D) taking appropriate steps to return to United States

citizens (and entities which are 50 percent or more

beneficially owned by United States citizens) property taken by

the Cuban Government from such citizens and entities on or

after January 1, 1959, or to provide equitable compensation to

such citizens and entities for such property;

(3) has extradited or otherwise rendered to the United States

all persons sought by the United States Department of Justice for

crimes committed in the United States; and

(4) has permitted the deployment throughout Cuba of independent

and unfettered international human rights monitors.

-SOURCE-

(Pub. L. 104-114, title II, Sec. 205, Mar. 12, 1996, 110 Stat.

811.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6023, 6066 of this title.

-End-

-CITE-

22 USC Sec. 6066 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-HEAD-

Sec. 6066. Requirements for determining democratically elected

government

-STATUTE-

For purposes of this chapter, a democratically elected government

in Cuba, in addition to meeting the requirements of section 6065(a)

of this title, is a government which -

(1) results from free and fair elections -

(A) conducted under the supervision of internationally

recognized observers; and

(B) in which -

(i) opposition parties were permitted ample time to

organize and campaign for such elections; and

(ii) all candidates were permitted full access to the

media;

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

rights of the citizens of Cuba;

(3) is substantially moving toward a market-oriented economic

system based on the right to own and enjoy property;

(4) is committed to making constitutional changes that would

ensure regular free and fair elections and the full enjoyment of

basic civil liberties and human rights by the citizens of Cuba;

(5) has made demonstrable progress in establishing an

independent judiciary; and

(6) has made demonstrable progress in returning to United

States citizens (and entities which are 50 percent or more

beneficially owned by United States citizens) property taken by

the Cuban Government from such citizens and entities on or after

January 1, 1959, or providing full compensation for such property

in accordance with international law standards and practice.

-SOURCE-

(Pub. L. 104-114, title II, Sec. 206, Mar. 12, 1996, 110 Stat.

812.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6023 of this title.

-End-

-CITE-

22 USC Sec. 6067 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER II - ASSISTANCE TO FREE AND INDEPENDENT CUBA

-HEAD-

Sec. 6067. Settlement of outstanding United States claims to

confiscated property in Cuba

-STATUTE-

(a) Report to Congress

Not later than 180 days after March 12, 1996, the Secretary of

State shall provide a report to the appropriate congressional

committees containing an assessment of the property dispute

question in Cuba, including -

(1) an estimate of the number and amount of claims to property

confiscated by the Cuban Government that are held by United

States nationals in addition to those claims certified under

section 1643f of this title;

(2) an assessment of the significance of promptly resolving

confiscated property claims to the revitalization of the Cuban

economy;

(3) a review and evaluation of technical and other assistance

that the United States could provide to help either a transition

government in Cuba or a democratically elected government in Cuba

establish mechanisms to resolve property questions;

(4) an assessment of the role and types of support the United

States could provide to help resolve claims to property

confiscated by the Cuban Government that are held by United

States nationals who did not receive or qualify for certification

under section 1643f of this title; and

(5) an assessment of any areas requiring legislative review or

action regarding the resolution of property claims in Cuba prior

to a change of government in Cuba.

(d) (!1) Sense of Congress

It is the sense of the Congress that the satisfactory resolution

of property claims by a Cuban Government recognized by the United

States remains an essential condition for the full resumption of

economic and diplomatic relations between the United States and

Cuba.

-SOURCE-

(Pub. L. 104-114, title II, Sec. 207, Mar. 12, 1996, 110 Stat.

813.)

-FOOTNOTE-

(!1) So in original. No subsec. (b) or (c) has been enacted.

-End-

-CITE-

22 USC SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF

UNITED STATES NATIONALS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF UNITED STATES

NATIONALS

-HEAD-

SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF UNITED STATES

NATIONALS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6023, 6091 of this

title.

-End-

-CITE-

22 USC Sec. 6081 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF UNITED STATES

NATIONALS

-HEAD-

Sec. 6081. Findings

-STATUTE-

The Congress makes the following findings:

(1) Individuals enjoy a fundamental right to own and enjoy

property which is enshrined in the United States Constitution.

(2) The wrongful confiscation or taking of property belonging

to United States nationals by the Cuban Government, and the

subsequent exploitation of this property at the expense of the

rightful owner, undermines the comity of nations, the free flow

of commerce, and economic development.

(3) Since Fidel Castro seized power in Cuba in 1959 -

(A) he has trampled on the fundamental rights of the Cuban

people; and

(B) through his personal despotism, he has confiscated the

property of -

(i) millions of his own citizens;

(ii) thousands of United States nationals; and

(iii) thousands more Cubans who claimed asylum in the

United States as refugees because of persecution and later

became naturalized citizens of the United States.

(4) It is in the interest of the Cuban people that the Cuban

Government respect equally the property rights of Cuban nationals

and nationals of other countries.

(5) The Cuban Government is offering foreign investors the

opportunity to purchase an equity interest in, manage, or enter

into joint ventures using property and assets some of which were

confiscated from United States nationals.

(6) This "trafficking" in confiscated property provides badly

needed financial benefit, including hard currency, oil, and

productive investment and expertise, to the current Cuban

Government and thus undermines the foreign policy of the United

States -

(A) to bring democratic institutions to Cuba through the

pressure of a general economic embargo at a time when the

Castro regime has proven to be vulnerable to international

economic pressure; and

(B) to protect the claims of United States nationals who had

property wrongfully confiscated by the Cuban Government.

(7) The United States Department of State has notified other

governments that the transfer to third parties of properties

confiscated by the Cuban Government "would complicate any attempt

to return them to their original owners".

(8) The international judicial system, as currently structured,

lacks fully effective remedies for the wrongful confiscation of

property and for unjust enrichment from the use of wrongfully

confiscated property by governments and private entities at the

expense of the rightful owners of the property.

(9) International law recognizes that a nation has the ability

to provide for rules of law with respect to conduct outside its

territory that has or is intended to have substantial effect

within its territory.

(10) The United States Government has an obligation to its

citizens to provide protection against wrongful confiscations by

foreign nations and their citizens, including the provision of

private remedies.

(11) To deter trafficking in wrongfully confiscated property,

United States nationals who were the victims of these

confiscations should be endowed with a judicial remedy in the

courts of the United States that would deny traffickers any

profits from economically exploiting Castro's wrongful seizures.

-SOURCE-

(Pub. L. 104-114, title III, Sec. 301, Mar. 12, 1996, 110 Stat.

814.)

-End-

-CITE-

22 USC Sec. 6082 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF UNITED STATES

NATIONALS

-HEAD-

Sec. 6082. Liability for trafficking in confiscated property

claimed by United States nationals

-STATUTE-

(a) Civil remedy

(1) Liability for trafficking

(A) Except as otherwise provided in this section, any person

that, after the end of the 3-month period beginning on the

effective date of this subchapter, traffics in property which was

confiscated by the Cuban Government on or after January 1, 1959,

shall be liable to any United States national who owns the claim

to such property for money damages in an amount equal to the sum

of -

(i) the amount which is the greater of -

(I) the amount, if any, certified to the claimant by the

Foreign Claims Settlement Commission under the International

Claims Settlement Act of 1949 [22 U.S.C. 1621 et seq.], plus

interest;

(II) the amount determined under section 6083(a)(2) of this

title, plus interest; or

(III) the fair market value of that property, calculated as

being either the current value of the property, or the value

of the property when confiscated plus interest, whichever is

greater; and

(ii) court costs and reasonable attorneys' fees.

(B) Interest under subparagraph (A)(i) shall be at the rate set

forth in section 1961 of title 28, computed by the court from the

date of confiscation of the property involved to the date on

which the action is brought under this subsection.

(2) Presumption in favor of the certified claims

There shall be a presumption that the amount for which a person

is liable under clause (i) of paragraph (1)(A) is the amount that

is certified as described in subclause (I) of that clause. The

presumption shall be rebuttable by clear and convincing evidence

that the amount described in subclause (II) or (III) of that

clause is the appropriate amount of liability under that clause.

(3) Increased liability

(A) Any person that traffics in confiscated property for which

liability is incurred under paragraph (1) shall, if a United

States national owns a claim with respect to that property which

was certified by the Foreign Claims Settlement Commission under

title V of the International Claims Settlement Act of 1949 [22

U.S.C. 1643 et seq.], be liable for damages computed in

accordance with subparagraph (C).

(B) If the claimant in an action under this subsection (other

than a United States national to whom subparagraph (A) applies)

provides, after the end of the 3-month period described in

paragraph (1) notice to -

(i) a person against whom the action is to be initiated, or

(ii) a person who is to be joined as a defendant in the

action,

at least 30 days before initiating the action or joining such

person as a defendant, as the case may be, and that person, after

the end of the 30-day period beginning on the date the notice is

provided, traffics in the confiscated property that is the

subject of the action, then that person shall be liable to that

claimant for damages computed in accordance with subparagraph

(C).

(C) Damages for which a person is liable under subparagraph (A)

or subparagraph (B) are money damages in an amount equal to the

sum of -

(i) the amount determined under paragraph (1)(A)(ii), and

(ii) 3 times the amount determined applicable under paragraph

(1)(A)(i).

(D) Notice to a person under subparagraph (B) -

(i) shall be in writing;

(ii) shall be posted by certified mail or personally

delivered to the person; and

(iii) shall contain -

(I) a statement of intention to commence the action under

this section or to join the person as a defendant (as the

case may be), together with the reasons therefor;

(II) a demand that the unlawful trafficking in the

claimant's property cease immediately; and

(III) a copy of the summary statement published under

paragraph (8).

(4) Applicability

(A) Except as otherwise provided in this paragraph, actions may

be brought under paragraph (1) with respect to property

confiscated before, on, or after March 12, 1996.

(B) In the case of property confiscated before March 12, 1996,

a United States national may not bring an action under this

section on a claim to the confiscated property unless such

national acquires ownership of the claim before March 12, 1996.

(C) In the case of property confiscated on or after March 12,

1996, a United States national who, after the property is

confiscated, acquires ownership of a claim to the property by

assignment for value, may not bring an action on the claim under

this section.

(5) Treatment of certain actions

(A) In the case of a United States national who was eligible to

file a claim with the Foreign Claims Settlement Commission under

title V of the International Claims Settlement Act of 1949 [22

U.S.C. 1643 et seq.] but did not so file the claim, that United

States national may not bring an action on that claim under this

section.

(B) In the case of any action brought under this section by a

United States national whose underlying claim in the action was

timely filed with the Foreign Claims Settlement Commission under

title V of the International Claims Settlement Act of 1949 but

was denied by the Commission, the court shall accept the findings

of the Commission on the claim as conclusive in the action under

this section.

(C) A United States national, other than a United States

national bringing an action under this section on a claim

certified under title V of the International Claims Settlement

Act of 1949, may not bring an action on a claim under this

section before the end of the 2-year period beginning on March

12, 1996.

(D) An interest in property for which a United States national

has a claim certified under title V of the International Claims

Settlement Act of 1949 may not be the subject of a claim in an

action under this section by any other person. Any person

bringing an action under this section whose claim has not been so

certified shall have the burden of establishing for the court

that the interest in property that is the subject of the claim is

not the subject of a claim so certified.

(6) Inapplicability of act of state doctrine

No court of the United States shall decline, based upon the act

of state doctrine, to make a determination on the merits in an

action brought under paragraph (1) .

(7) Licenses not required

(A) Notwithstanding any other provision of law, an action under

this section may be brought and may be settled, and a judgment

rendered in such action may be enforced, without obtaining any

license or other permission from any agency of the United States,

except that this paragraph shall not apply to the execution of a

judgment against, or the settlement of actions involving,

property blocked under the authorities of section 5(b) of title

50, Appendix, that were being exercised on July 1, 1977, as a

result of a national emergency declared by the President before

such date, and are being exercised on March 12, 1996.

(B) Notwithstanding any other provision of law, and for

purposes of this subchapter only, any claim against the Cuban

Government shall not be deemed to be an interest in property the

transfer of which to a United States national required before

March 12, 1996, or requires after March 12, 1996, a license

issued by, or the permission of, any agency of the United States.

(8) Publication by Attorney General

Not later than 60 days after March 12, 1996, the Attorney

General shall prepare and publish in the Federal Register a

concise summary of the provisions of this subchapter, including a

statement of the liability under this subchapter of a person

trafficking in confiscated property, and the remedies available

to United States nationals under this subchapter.

(b) Amount in controversy

An action may be brought under this section by a United States

national only where the amount in controversy exceeds the sum or

value of $50,000, exclusive of interest, costs, and attorneys'

fees. In calculating $50,000 for purposes of the preceding

sentence, the applicable amount under subclause (I), (II), or (III)

of subsection (a)(1)(A)(i) of this section may not be tripled as

provided in subsection (a)(3) of this section.

(c) Procedural requirements

(1) In general

Except as provided in this subchapter, the provisions of title

28 and the rules of the courts of the United States apply to

actions under this section to the same extent as such provisions

and rules apply to any other action brought under section 1331 of

title 28.

(2) Service of process

In an action under this section, service of process on an

agency or instrumentality of a foreign state in the conduct of a

commercial activity, or against individuals acting under color of

law, shall be made in accordance with section 1608 of title 28.

(d) Enforceability of judgments against Cuban Government

In an action brought under this section, any judgment against an

agency or instrumentality of the Cuban Government shall not be

enforceable against an agency or instrumentality of either a

transition government in Cuba or a democratically elected

government in Cuba.

(e) Omitted

(f) Election of remedies

(1) Election

Subject to paragraph (2) -

(A) any United States national that brings an action under

this section may not bring any other civil action or proceeding

under the common law, Federal law, or the law of any of the

several States, the District of Columbia, or any commonwealth,

territory, or possession of the United States, that seeks

monetary or nonmonetary compensation by reason of the same

subject matter; and

(B) any person who brings, under the common law or any

provision of law other than this section, a civil action or

proceeding for monetary or nonmonetary compensation arising out

of a claim for which an action would otherwise be cognizable

under this section may not bring an action under this section

on that claim.

(2) Treatment of certified claimants

(A) In the case of any United States national that brings an

action under this section based on a claim certified under title

V of the International Claims Settlement Act of 1949 [22 U.S.C.

1643 et seq.] -

(i) if the recovery in the action is equal to or greater than

the amount of the certified claim, the United States national

may not receive payment on the claim under any agreement

entered into between the United States and Cuba settling claims

covered by such title, and such national shall be deemed to

have discharged the United States from any further

responsibility to represent the United States national with

respect to that claim;

(ii) if the recovery in the action is less than the amount of

the certified claim, the United States national may receive

payment under a claims agreement described in clause (i) but

only to the extent of the difference between the amount of the

recovery and the amount of the certified claim; and

(iii) if there is no recovery in the action, the United

States national may receive payment on the certified claim

under a claims agreement described in clause (i) to the same

extent as any certified claimant who does not bring an action

under this section.

(B) In the event some or all actions brought under this section

are consolidated by judicial or other action in such manner as to

create a pool of assets available to satisfy the claims in such

actions, including a pool of assets in a proceeding in

bankruptcy, every claimant whose claim in an action so

consolidated was certified by the Foreign Claims Settlement

Commission under title V of the International Claims Settlement

Act of 1949 [22 U.S.C. 1643 et seq.] shall be entitled to payment

in full of its claim from the assets in such pool before any

payment is made from the assets in such pool with respect to any

claim not so certified.

(g) Deposit of excess payments by Cuba under claims agreement

Any amounts paid by Cuba under any agreement entered into between

the United States and Cuba settling certified claims under title V

of the International Claims Settlement Act of 1949 [22 U.S.C. 1643

et seq.] that are in excess of the payments made on such certified

claims after the application of subsection (f) of this section

shall be deposited into the United States Treasury.

(h) Termination of rights

(1) In general

All rights created under this section to bring an action for

money damages with respect to property confiscated by the Cuban

Government -

(A) may be suspended under section 6064(a) of this title; and

(B) shall cease upon transmittal to the Congress of a

determination of the President under section 6063(c)(3) of this

title that a democratically elected government in Cuba is in

power.

(2) Pending suits

The suspension or termination of rights under paragraph (1)

shall not affect suits commenced before the date of such

suspension or termination (as the case may be), and in all such

suits, proceedings shall be had, appeals taken, and judgments

rendered in the same manner and with the same effect as if the

suspension or termination had not occurred.

(i) Imposition of filing fees

The Judicial Conference of the United States shall establish a

uniform fee that shall be imposed upon the plaintiff or plaintiffs

in each action brought under this section. The fee should be

established at a level sufficient to recover the costs to the

courts of actions brought under this section. The fee under this

subsection is in addition to any other fees imposed under title 28.

-SOURCE-

(Pub. L. 104-114, title III, Sec. 302, Mar. 12, 1996, 110 Stat.

815.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of this subchapter, referred to in subsec.

(a)(1)(A), as Aug. 1, 1996, or date determined pursuant to

suspension authority of President see section 6085 of this title.

The International Claims Settlement Act of 1949, referred to in

subsecs. (a)(1)(A)(i)(I), (3)(A), (5), (f)(2), and (g), is act Mar.

10, 1950, ch. 54, 64 Stat. 12, as amended, which is classified

generally to chapter 21 (Sec. 1621 et seq.) of this title. Title V

of the Act is classified generally to subchapter V (Sec. 1643 et

seq.) of chapter 21 of this title. For complete classification of

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

1621 of this title and Tables.

This subchapter, referred to in subsecs. (a)(7)(B), (8) and

(c)(1), was in the original "this title", meaning title III of Pub.

L. 104-114, Mar. 12, 1996, 110 Stat. 814, which enacted this

subchapter and sections 1643l and 1643m of this title and amended

section 1611 of Title 28, Judiciary and Judicial Procedure. For

complete classification of title III to the Code, see Tables.

-COD-

CODIFICATION

Section is comprised of section 302 of Pub. L. 104-114. Subsec.

(e) of section 302 of Pub. L. 104-114 amended section 1611 of Title

28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1643l, 6064, 6084 of this

title.

-End-

-CITE-

22 USC Sec. 6083 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF UNITED STATES

NATIONALS

-HEAD-

Sec. 6083. Proof of ownership of claims to confiscated property

-STATUTE-

(a) Evidence of ownership

(1) Conclusiveness of certified claims

In any action brought under this subchapter, the court shall

accept as conclusive proof of ownership of an interest in

property a certification of a claim to ownership of that interest

that has been made by the Foreign Claims Settlement Commission

under title V of the International Claims Settlement Act of 1949

(22 U.S.C. 1643 and following).

(2) Claims not certified

If in an action under this subchapter a claim has not been so

certified by the Foreign Claims Settlement Commission, the court

may appoint a special master, including the Foreign Claims

Settlement Commission, to make determinations regarding the

amount and ownership of the claim. Such determinations are only

for evidentiary purposes in civil actions brought under this

subchapter and do not constitute certifications under title V of

the International Claims Settlement Act of 1949.

(3) Effect of determinations of foreign or international entities

In determining the amount or ownership of a claim in an action

under this subchapter, the court shall not accept as conclusive

evidence any findings, orders, judgments, or decrees from

administrative agencies or courts of foreign countries or

international organizations that declare the value of or

invalidate the claim, unless the declaration of value or

invalidation was found pursuant to binding international

arbitration to which the United States or the claimant submitted

the claim.

(b) Omitted

(c) Rule of construction

Nothing in this chapter or in section 514 of the International

Claims Settlement Act of 1949 [22 U.S.C. 1643l], as added by

subsection (b) of this section, shall be construed -

(1) to require or otherwise authorize the claims of Cuban

nationals who became United States citizens after their property

was confiscated to be included in the claims certified to the

Secretary of State by the Foreign Claims Settlement Commission

for purposes of future negotiation and espousal of claims with a

friendly government in Cuba when diplomatic relations are

restored; or

(2) as superseding, amending, or otherwise altering

certifications that have been made under title V of the

International Claims Settlement Act of 1949 [22 U.S.C. 1643 et

seq.] before March 12, 1996.

-SOURCE-

(Pub. L. 104-114, title III, Sec. 303, Mar. 12, 1996, 110 Stat.

819.)

-REFTEXT-

REFERENCES IN TEXT

The International Claims Settlement Act of 1949, referred to in

subsecs. (a)(1), (2) and (c)(2), is act Mar. 10, 1950, ch. 54, 64

Stat. 12, as amended. Title V of the Act is classified generally to

subchapter V (Sec. 1643 et seq.) of chapter 21 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1621 of this title and Tables.

This chapter, referred to in subsec. (c), was in the original

"this Act", meaning Pub. L. 104-114, Mar. 12, 1996, 110 Stat. 785,

which is classified principally to this chapter. For complete

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

out under section 6021 of this title and Tables.

-COD-

CODIFICATION

Section is comprised of section 303 of Pub. L. 104-114. Subsec.

(b) of section 303 of Pub. L. 104-114 enacted section 1643l of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6082 of this title.

-End-

-CITE-

22 USC Sec. 6084 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF UNITED STATES

NATIONALS

-HEAD-

Sec. 6084. Limitation of actions

-STATUTE-

An action under section 6082 of this title may not be brought

more than 2 years after the trafficking giving rise to the action

has ceased to occur.

-SOURCE-

(Pub. L. 104-114, title III, Sec. 305, Mar. 12, 1996, 110 Stat.

821.)

-End-

-CITE-

22 USC Sec. 6085 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER III - PROTECTION OF PROPERTY RIGHTS OF UNITED STATES

NATIONALS

-HEAD-

Sec. 6085. Effective date

-STATUTE-

(a) In general

Subject to subsections (b) and (c) of this section, this

subchapter and the amendments made by this subchapter shall take

effect on August 1, 1996.

(b) Suspension authority

(1) Suspension authority

The President may suspend the effective date under subsection

(a) of this section for a period of not more than 6 months if the

President determines and reports in writing to the appropriate

congressional committees at least 15 days before such effective

date that the suspension is necessary to the national interests

of the United States and will expedite a transition to democracy

in Cuba.

(2) Additional suspensions

The President may suspend the effective date under subsection

(a) of this section for additional periods of not more than 6

months each, each of which shall begin on the day after the last

day of the period during which a suspension is in effect under

this subsection, if the President determines and reports in

writing to the appropriate congressional committees at least 15

days before the date on which the additional suspension is to

begin that the suspension is necessary to the national interests

of the United States and will expedite a transition to democracy

in Cuba.

(c) Other authorities

(1) Suspension

After this subchapter and the amendments of this subchapter

have taken effect -

(A) no person shall acquire a property interest in any

potential or pending action under this subchapter; and

(B) the President may suspend the right to bring an action

under this subchapter with respect to confiscated property for

a period of not more than 6 months if the President determines

and reports in writing to the appropriate congressional

committees at least 15 days before the suspension takes effect

that such suspension is necessary to the national interests of

the United States and will expedite a transition to democracy

in Cuba.

(2) Additional suspensions

The President may suspend the right to bring an action under

this subchapter for additional periods of not more than 6 months

each, each of which shall begin on the day after the last day of

the period during which a suspension is in effect under this

subsection, if the President determines and reports in writing to

the appropriate congressional committees at least 15 days before

the date on which the additional suspension is to begin that the

suspension is necessary to the national interests of the United

States and will expedite a transition to democracy in Cuba.

(3) Pending suits

The suspensions of actions under paragraph (1) shall not affect

suits commenced before the date of such suspension, and in all

such suits, proceedings shall be had, appeals taken, and

judgments rendered in the same manner and with the same effect as

if the suspension had not occurred.

(d) Rescission of suspension

The President may rescind any suspension made under subsection

(b) or (c) of this section upon reporting to the appropriate

congressional committees that doing so will expedite a transition

to democracy in Cuba.

-SOURCE-

(Pub. L. 104-114, title III, Sec. 306, Mar. 12, 1996, 110 Stat.

821.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (a) and (c)(1), was in

the original "this title", meaning title III of Pub. L. 104-114,

Mar. 12, 1996, 110 Stat. 814, which enacted this subchapter and

sections 1643l and 1643m of this title and amended section 1611 of

Title 28, Judiciary and Judicial Procedure. For complete

classification of title III to the Code, see Tables.

-End-

-CITE-

22 USC SUBCHAPTER IV - EXCLUSION OF CERTAIN ALIENS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER IV - EXCLUSION OF CERTAIN ALIENS

-HEAD-

SUBCHAPTER IV - EXCLUSION OF CERTAIN ALIENS

-End-

-CITE-

22 USC Sec. 6091 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 69A - CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)

SUBCHAPTER IV - EXCLUSION OF CERTAIN ALIENS

-HEAD-

Sec. 6091. Exclusion from United States of aliens who have

confiscated property of United States nationals or who traffic in

such property

-STATUTE-

(a) Grounds for exclusion

The Secretary of State shall deny a visa to, and the Attorney

General shall exclude from the United States, any alien who the

Secretary of State determines is a person who, after March 12, 1996

-

(1) has confiscated, or has directed or overseen the

confiscation of, property a claim to which is owned by a United

States national, or converts or has converted for personal gain

confiscated property, a claim to which is owned by a United

States national;

(2) traffics in confiscated property, a claim to which is owned

by a United States national;

(3) is a corporate officer, principal, or shareholder with a

controlling interest of an entity which has been involved in the

confiscation of property or trafficking in confiscated property,

a claim to which is owned by a United States national; or

(4) is a spouse, minor child, or agent of a person excludable

under paragraph (1), (2), or (3).

(b) Definitions

As used in this section, the following terms have the following

meanings:

(1) Confiscated; confiscation

The terms "confiscated" and "confiscation" refer to -

(A) the nationalization, expropriation, or other seizure by

the Cuban Government of ownership or control of property -

(i) without the property having been returned or adequate

and effective compensation provided; or

(ii) without the claim to the property having been settled

pursuant to an international claims settlement agreement or

other mutually accepted settlement procedure; and

(B) the repudiation by the Cuban Government of, the default

by the Cuban Government on, or the failure of the Cuban

Government to pay -

(i) a debt of any enterprise which has been nationalized,

expropriated, or otherwise taken by the Cuban Government;

(ii) a debt which is a charge on property nationalized,

expropriated, or otherwise taken by the Cuban Government; or

(iii) a debt which was incurred by the Cuban Government in

satisfaction or settlement of a confiscated property claim.

(2) Traffics

(A) Except as provided in subparagraph (B), a person "traffics"

in confiscated property if that person knowingly and

intentionally -

(i)(I) transfers, distributes, dispenses, brokers, or

otherwise disposes of confiscated property,

(II) purchases, receives, obtains control of, or otherwise

acquires confiscated property, or

(III) improves (other than for routine maintenance), invests

in (by contribution of funds or anything of value, other than

for routine maintenance), or begins after March 12, 1996, to

manage, lease, possess, use, or hold an interest in confiscated

property,

(ii) enters into a commercial arrangement using or otherwise

benefiting from confiscated property, or

(iii) causes, directs, participates in, or profits from,

trafficking (as described in clause (i) or (ii)) by another

person, or otherwise engages in trafficking (as described in

clause (i) or (ii)) through another person,

without the authorization of any United States national who holds

a claim to the property.

(B) The term "traffics" does not include -

(i) the delivery of international telecommunication signals

to Cuba;

(ii) the trading or holding of securities publicly traded or

held, unless the trading is with or by a person determined by

the Secretary of the Treasury to be a specially designated

national;

(iii) transactions and uses of property incident to lawful

travel to Cuba, to the extent that such transactions and uses

of property are necessary to the conduct of such travel; or

(iv) transactions and uses of property by a person who is

both a citizen of Cuba and a resident of Cuba, and who is not

an official of the Cuban Government or the ruling political

party in Cuba.

(c) Exemption

This section shall not apply where the Secretary of State finds,

on a case by case basis, that the entry into the United States of

the person who would otherwise be excluded under this section is

necessary for medical reasons or for purposes of litigation of an

action under subchapter III of this chapter.

(d) Effective date

(1) In general

This section applies to aliens seeking to enter the United

States on or after March 12, 1996.

(2) Trafficking

This section applies only with respect to acts within the

meaning of "traffics" that occur on or after March 12, 1996.

-SOURCE-

(Pub. L. 104-114, title IV, Sec. 401, Mar. 12, 1996, 110 Stat.

822.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter III of this chapter, referred to in subsec. (c), was

in the original "title III", meaning title III of Pub. L. 104-114,

Mar. 12, 1996, 110 Stat. 814, which enacted subchapter III of this

chapter and sections 1643l and 1643m of this title and amended

section 1611 of Title 28, Judiciary and Judicial Procedure. For

complete classification of title III to the Code, see Tables.

-MISC1-

REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERTAD ACT

Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2802, Oct.

21, 1998, 112 Stat. 2681-845, as amended by Pub. L. 106-113, div.

B, Sec. 1000(a)(7) [div. A, title II, Sec. 209(b)], Nov. 29, 1999,

113 Stat. 1536, 1501A-423; Pub. L. 107-228, div. A, title II, Sec.

216(b), Sept. 30, 2002, 116 Stat. 1366, provided that:

"(a) Reports Required. - Not later than 30 days after the date of

the enactment of this Act [Oct. 21, 1998] and every 3 months

thereafter during the period ending September 30, 2003, the

Secretary of State shall submit to the appropriate congressional

committees [Committee on International Relations of the House of

Representatives and Committee on Foreign Relations of the Senate] a

report on the implementation of section 401 of the Cuban Liberty

and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091).

Each report shall include -

"(1) an unclassified list, by economic sector, of the number of

entities then under review pursuant to that section;

"(2) an unclassified list of all entities and a classified list

of all individuals that the Secretary of State has determined to

be subject to that section;

"(3) an unclassified list of all entities and a classified list

of all individuals that the Secretary of State has determined are

no longer subject to that section;

"(4) an explanation of the status of the review underway for

the cases referred to in paragraph (1); and

"(5) an unclassified explanation of each determination of the

Secretary of State under section 401(a) of that Act and each

finding of the Secretary under section 401(c) of that Act -

"(A) since the date of the enactment of this Act, in the case

of the first report under this subsection; and

"(B) in the preceding 3-month period, in the case of each

subsequent report.

"(b) Protection of Identity of Concerned Entities. - In preparing

the report under subsection (a), the names of entities shall not be

identified under paragraph (1) or (4)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 236; title 8

section 1182d.

-End-