§ 6022 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1244

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.

(Pub. L. 104–114, §2, Mar. 12, 1996, 110 Stat. 786.)

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 (§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

(§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.

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’.’’

§ 6022. Purposes

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.

(Pub. L. 104–114, §3, Mar. 12, 1996, 110 Stat. 788.)

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.

§ 6023. Definitions

As used in this chapter, the following terms

have the following meanings: