Page 1249 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6039

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.

(Pub. L. 104–114, title I, §108, Mar. 12, 1996, 110

Stat. 798.)

§ 6039. Authorization of support for democratic

and human rights groups and international

observers

(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.

(Pub. L. 104–114, title I, §109, Mar. 12, 1996, 110

Stat. 799.)
§ 6040 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1250

§ 6040. Importation safeguard against certain

Cuban products

(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.

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

Stat. 800.)

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.

§ 6041. Withholding of foreign assistance from

countries supporting Juragua nuclear plant

in Cuba

(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 dan-