§ 6005 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1240

uals and organizations to promote nonviolent

democratic change in Cuba.

(Pub. L. 102–484, div. A, title XVII, §1705, Oct. 23,

1992, 106 Stat. 2577; Pub. L. 104–114, title I,

§102(g), Mar. 12, 1996, 110 Stat. 793.)

AMENDMENT OF SECTION

Pub. L. 104–114, title II, §204(d)(3), Mar. 12,

1996, 110 Stat. 810, provided that on date on

which President submits determination under

section 6063(c) of this title that democratically

elected government in Cuba is in power, this

section is amended by repealing subsection (d).

REFERENCES IN TEXT

The International Emergency Economic Powers Act,

referred to in subsec. (a), is title II of Pub. L. 95–223,

Dec. 28, 1977, 91 Stat. 1626, which is classified generally

to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act

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

1701 of Title 50 and Tables.

The Export Administration Act of 1979, referred to in

subsec. (a), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503,

as amended, which is classified principally to section

2401 et seq. of the Appendix to Title 50. For complete

classification of this Act to the Code, see Short Title

note set out under section 2401 of the Appendix to Title

50 and Tables.

AMENDMENTS

1996—Subsec. (e)(5), (6). Pub. L. 104–114, §102(g), added

pars. (5) and (6).

SECTION REFERRED TO IN OTHER SECTIONS

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

6009, 6064 of this title.

§ 6005. Sanctions

(a) Prohibition on certain transactions between

certain United States firms and Cuba

(1) Prohibition

Notwithstanding any other provision of law,

no license may be issued for any transaction

described in section 515.559 of title 31, Code of

Federal Regulations, as in effect on July 1,

1989.

(2) Applicability to existing contracts

Paragraph (1) shall not affect any contract

entered into before October 23, 1992.

(b) Prohibitions on vessels

(1) Vessels engaging in trade

Beginning on the 61st day after October 23,

1992, a vessel which enters a port or place in

Cuba to engage in the trade of goods or services may not, within 180 days after departure

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

States, except pursuant to a license issued by

the Secretary of the Treasury.

(2) Vessels carrying goods or passengers to or

from Cuba

Except as specifically authorized by the Secretary of the Treasury, a vessel carrying goods

or passengers to or from Cuba or carrying

goods in which Cuba or a Cuban national has

any interest may not enter a United States

port.

(3) Inapplicability of ship stores general license

No commodities which may be exported

under a general license described in section

771.9 of title 15, Code of Federal Regulations,

as in effect on May 1, 1992, may be exported

under a general license to any vessel carrying

goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national

has an interest.

(4) Definitions

As used in this subsection—

(A) the term ‘‘vessel’’ includes every description of water craft or other contrivance

used, or capable of being used, as a means of

transportation in water, but does not include aircraft;

(B) the term ‘‘United States’’ includes the

territories and possessions of the United

States and the customs waters of the United

States (as defined in section 1401 of title 19;

and

(C) the term ‘‘Cuban national’’ means a national of Cuba, as the term ‘‘national’’ is defined in section 515.302 of title 31, Code of

Federal Regulations, as of August 1, 1992.

(c) Restrictions on remittances to Cuba

The President shall establish strict limits on

remittances to Cuba by United States persons

for the purpose of financing the travel of Cubans

to the United States, in order to ensure that

such remittances reflect only the reasonable

costs associated with such travel, and are not

used by the Government of Cuba as a means of

gaining access to United States currency.

(d) Clarification of applicability of sanctions

The prohibitions contained in subsections (a),

(b), and (c) of this section shall not apply with

respect to any activity otherwise permitted by

section 6004 of this title or section 6006 of this

title or any activity which may not be regulated

or prohibited under section 5(b)(4) of the Trading

With the Enemy Act [12 U.S.C. 95a(4), 50 App.

U.S.C. 5(b)(4)].

(Pub. L. 102–484, div. A, title XVII, §1706, Oct. 23,

1992, 106 Stat. 2578.)

REPEAL OF SECTION

Pub. L. 104–114, title II, §204(d)(3), Mar. 12,

1996, 110 Stat. 810, provided that on date on

which President submits determination under

section 6063(c)(3) of this title that democratically elected government in Cuba is in power,

this section is repealed.

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

§ 6006. Policy toward a transitional Cuban Government

Food, medicine, and medical supplies for humanitarian purposes should be made available

for Cuba under the Foreign Assistance Act of

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

Trade Development and Assistance Act of 1954 [7

U.S.C. 1691 et seq.] if the President determines

and certifies to the Committee on Foreign Affairs of the House of Representatives and the

Committee on Foreign Relations of the Senate

that the government in power in Cuba—

(1) has made a public commitment to hold

free and fair elections for a new government