Page 1257 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6066

and the Senate in the 6-month period beginning on the date on which the President notifies the Congress under paragraph (1) of the

action taken under subsection (a) of this section, and in each 6-month period thereafter.

(Pub. L. 104–114, title II, §204, Mar. 12, 1996, 110

Stat. 810.)

REFERENCES IN TEXT

Section 902(c) of the Food Security Act of 1985, referred to in subsecs. (b)(4) and (d)(4), is section 902(c) of

Pub. L. 99–198, which is set out as a note under section

1446g of Title 7, Agriculture.

Section 204(a) of the Cuban Liberty and Democratic

Solidarity (LIBERTAD) Act of 1996, referred to in subsec. (e)(2), is subsec. (a) of this section.

Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to

in subsec. (e)(4)(A), is section 601(b) of Pub. L. 94–329,

title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6032, 6033, 6082

of this title.

§ 6065. Requirements and factors for determining

transition government

(a) Requirements

For the purposes of this chapter, a transition

government in Cuba is a government that—

(1) has legalized all political activity;

(2) has released all political prisoners and allowed for investigations of Cuban prisons by

appropriate international human rights organizations;

(3) has dissolved the present Department of

State Security in the Cuban Ministry of the

Interior, including the Committees for the Defense of the Revolution and the Rapid Response Brigades; and

(4) has made public commitments to organizing free and fair elections for a new government—

(A) to be held in a timely manner within a

period not to exceed 18 months after the

transition government assumes power;

(B) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other

telecommunications media) in terms of allotments of time for such access and the

times of day such allotments are given; and

(C) to be conducted under the supervision

of internationally recognized observers, such

as the Organization of American States, the

United Nations, and other election monitors;

(5) has ceased any interference with Radio

Marti or Television Marti broadcasts;

(6) makes public commitments to and is

making demonstrable progress in—

(A) establishing an independent judiciary;

(B) respecting internationally recognized

human rights and basic freedoms as set forth

in the Universal Declaration of Human

Rights, to which Cuba is a signatory nation;

(C) allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor

Organization, and allowing the establishment of independent social, economic, and

political associations;

(7) does not include Fidel Castro or Raul

Castro; and

(8) has given adequate assurances that it will

allow the speedy and efficient distribution of

assistance to the Cuban people.

(b) Additional factors

In addition to the requirements in subsection

(a) of this section, in determining whether a

transition government in Cuba is in power, the

President shall take into account the extent to

which that government—

(1) is demonstrably in transition from a

communist totalitarian dictatorship to representative democracy;

(2) has made public commitments to, and is

making demonstrable progress in—

(A) effectively guaranteeing the rights of

free speech and freedom of the press, including granting permits to privately owned

media and telecommunications companies to

operate in Cuba;

(B) permitting the reinstatement of citizenship to Cuban-born persons returning to

Cuba;

(C) assuring the right to private property;

and

(D) taking appropriate steps to return 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 to

provide equitable compensation to such citizens and entities for such property;

(3) has extradited or otherwise rendered to

the United States all persons sought by the

United States Department of Justice for

crimes committed in the United States; and

(4) has permitted the deployment throughout Cuba of independent and unfettered international human rights monitors.

(Pub. L. 104–114, title II, §205, Mar. 12, 1996, 110

Stat. 811.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6023, 6066 of this

title.

§ 6066. Requirements for determining democratically elected government

For purposes of this chapter, a democratically

elected government in Cuba, in addition to

meeting the requirements of section 6065(a) of

this title, is a government which—

(1) results from free and fair elections—

(A) conducted under the supervision of

internationally recognized observers; and

(B) in which—

(i) opposition parties were permitted

ample time to organize and campaign for

such elections; and

(ii) all candidates were permitted full access to the media;

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

Cuba;