Page 1241 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6010

within 6 months and is proceeding to implement that decision;

(2) has made a public commitment to respect, and is respecting, internationally recognized human rights and basic democratic freedoms; and

(3) is not providing weapons or funds to any

group, in any other country, that seeks the

violent overthrow of the government of that

country.

(Pub. L. 102–484, div. A, title XVII, §1707, Oct. 23,

1992, 106 Stat. 2579.)

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in

text, is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as

amended, which is classified principally to chapter 32

(§2151 et seq.) of this title. For complete classification

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

under section 2151 of this title and Tables.

The Agricultural Trade Development and Assistance

Act of 1954, referred to in text, is act July 10, 1954, ch.

469, 68 Stat. 454, as amended, which is classified generally to chapter 41 (§1691 et seq.) of Title 7, Agriculture.

For complete classification of this Act to the Code, see

Short Title note set out under section 1691 of Title 7

and Tables.

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding

section 21 of Title 2, The Congress.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 6007. Policy toward a democratic Cuban Government

(a) Waiver of restrictions

The President may waive the requirements of

section 6005 of this title if the President determines and reports to the Congress that the Government of Cuba—

(1) has held free and fair elections conducted

under internationally recognized observers;

(2) has permitted opposition parties ample

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

media to all candidates in the elections;

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

Cuba;

(4) is moving toward establishing a free market economic system; and

(5) has committed itself to constitutional

change that would ensure regular free and fair

elections that meet the requirements of paragraph (2).

(b) Policies

If the President makes a determination under

subsection (a) of this section, the President

shall take the following actions with respect to

a Cuban Government elected pursuant to elections described in subsection (a) of this section:

(1) To encourage the admission or reentry of

such government to international organizations and international financial institutions.

(2) To provide emergency relief during

Cuba’s transition to a viable economic system.

(3) To take steps to end the United States

trade embargo of Cuba.

(Pub. L. 102–484, div. A, title XVII, §1708, Oct. 23,

1992, 106 Stat. 2580.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 6008. Existing claims not affected

Except as provided in section 6004(a) of this

title, nothing in this chapter affects the provisions of section 2370(a)(2) of this title.

(Pub. L. 102–484, div. A, title XVII, §1709, Oct. 23,

1992, 106 Stat. 2580.)

§ 6009. Enforcement

(a) Enforcement authority

The authority to enforce this chapter shall be

carried out by the Secretary of the Treasury.

The Secretary of the Treasury shall exercise the

authorities of the Trading With the Enemy Act

[50 App. U.S.C. 1 et seq.] in enforcing this chapter. In carrying out this subsection, the Secretary of the Treasury shall take the necessary

steps to ensure that activities permitted under

section 6004 of this title are carried out for the

purposes set forth in this chapter and not for

purposes of the accumulation by the Cuban Government of excessive amounts of United States

currency or the accumulation of excessive profits by any person or entity.

(b) Authorization of appropriations

There are authorized to be appropriated to the

Secretary of the Treasury such sums as may be

necessary to carry out this chapter.

(c) Omitted

(d) Applicability of penalties

The penalties set forth in section 16 of the

Trading With the Enemy Act [50 App. U.S.C. 16]

shall apply to violations of this chapter to the

same extent as such penalties apply to violations under that Act [50 App. U.S.C. 1 et seq.].

(e) Office of Foreign Assets Control

The Department of the Treasury shall establish and maintain a branch of the Office of Foreign Assets Control in Miami, Florida, in order

to strengthen the enforcement of this chapter.

(Pub. L. 102–484, div. A, title XVII, §1710, Oct. 23,

1992, 106 Stat. 2580.)

REFERENCES IN TEXT

The Trading With the Enemy Act, referred to in subsecs. (a) and (d), is act Oct. 6, 1917, ch. 106, 40 Stat. 411,

as amended, which is classified to sections 1 to 6, 7 to

39 and 41 to 44 of Title 50, Appendix, War and National

Defense. For complete classification of this Act to the

Code, see Tables.

CODIFICATION

Section is comprised of section 1710 of Pub. L. 102–484.

Subsec. (c) of section 1710 of Pub. L. 102–484 amended

section 16 of the Appendix to Title 50, War and National

Defense.

§ 6010. ‘‘United States person’’ defined

As used in this chapter, the term ‘‘United

States person’’ means any United States citizen