§ 6067 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1258

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

(3) is substantially moving toward a marketoriented 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.

(Pub. L. 104–114, title II, §206, Mar. 12, 1996, 110

Stat. 812.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 6067. Settlement of outstanding United States

claims to confiscated property in Cuba

(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.

(Pub. L. 104–114, title II, §207, Mar. 12, 1996, 110

Stat. 813.)

SUBCHAPTER III—PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6023, 6091 of

this title.

§ 6081. Findings

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.