Page 1237 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6001

Sec.

(c) Restrictions on remittances to Cuba.

(d) Clarification of applicability of sanctions.

6006. Policy toward a transitional Cuban Government.

6007. Policy toward a democratic Cuban Government.

(a) Waiver of restrictions.

(b) Policies.

6008. Existing claims not affected.

6009. Enforcement.

(a) Enforcement authority.

(b) Authorization of appropriations.

(c) Omitted.

(d) Applicability of penalties.

(e) Office of Foreign Assets Control.

6010. ‘‘United States person’’ defined.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 6021, 6023, 6032

of this title.

§ 6001. Findings

The Congress makes the following findings:

(1) The government of Fidel Castro has demonstrated consistent disregard for internationally accepted standards of human rights and

for democratic values. It restricts the Cuban

people’s exercise of freedom of speech, press,

assembly, and other rights recognized by the

Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948. It has refused to

admit into Cuba the representative of the

United Nations Human Rights Commission appointed to investigate human rights violations

on the island.

(2) The Cuban people have demonstrated

their yearning for freedom and their increasing opposition to the Castro government by

risking their lives in organizing independent,

democratic activities on the island and by

undertaking hazardous flights for freedom to

the United States and other countries.

(3) The Castro government maintains a military-dominated economy that has decreased

the well-being of the Cuban people in order to

enable the government to engage in military

interventions and subversive activities

throughout the world and, especially, in the

Western Hemisphere. These have included involvement in narcotics trafficking and support

for the FMLN guerrillas in El Salvador.

(4) There is no sign that the Castro regime is

prepared to make any significant concessions

to democracy or to undertake any form of

democratic opening. Efforts to suppress dissent through intimidation, imprisonment, and

exile have accelerated since the political

changes that have occurred in the former Soviet Union and Eastern Europe.

(5) Events in the former Soviet Union and

Eastern Europe have dramatically reduced

Cuba’s external support and threaten Cuba’s

food and oil supplies.

(6) The fall of communism in the former Soviet Union and Eastern Europe, the now universal recognition in Latin America and the

Caribbean that Cuba provides a failed model of

government and development, and the evident

inability of Cuba’s economy to survive current

trends, provide the United States and the

international democratic community with an

unprecedented opportunity to promote a

peaceful transition to democracy in Cuba.

(7) However, Castro’s intransigence increases

the likelihood that there could be a collapse of

the Cuban economy, social upheaval, or widespread suffering. The recently concluded

Cuban Communist Party Congress has underscored Castro’s unwillingness to respond positively to increasing pressures for reform either from within the party or without.

(8) The United States cooperated with its

European and other allies to assist the difficult transitions from Communist regimes in

Eastern Europe. Therefore, it is appropriate

for those allies to cooperate with United

States policy to promote a peaceful transition

in Cuba.

(Pub. L. 102–484, div. A, title XVII, §1702, Oct. 23,

1992, 106 Stat. 2575.)

EFFECTIVE DATE

Section 1712 of title XVII of div. A of Pub. L. 102–484

provided that: ‘‘This title [enacting this chapter,

amending section 16 of Title 50, Appendix, War and National Defense, and enacting provisions set out as a

note below] shall take effect on the date of the enactment of this Act [Oct. 23, 1992].’’

SHORT TITLE

Section 1701 of title XVII of div. A of Pub. L. 102–484

provided that: ‘‘This title [enacting this chapter,

amending section 16 of Title 50, Appendix, War and National Defense, and enacting provisions set out as a

note above] may be cited as the ‘Cuban Democracy Act

of 1992’.’’

EX. ORD. NO. 12854. IMPLEMENTATION OF CUBAN

DEMOCRACY ACT

Ex. Ord. No. 12854, July 4, 1993, 58 F.R. 36587, provided:

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including the Trading with the Enemy Act, as

amended (50 U.S.C. App. 1–6, 7–39, 41–44), the Cuban Democracy Act of 1992 (Public Law 102–484, sections

1701–1712, October 23, 1992, 106 Stat. 2575) (the ‘‘Act’’) [22

U.S.C. 6001 et seq.], and section 301 of title 3, United

States Code,

I, WILLIAM J. CLINTON, President of the United

States of America, hereby order:

SECTION 1. Implementation of the Act. All agencies are

hereby directed to take all appropriate measures within their authority, including the promulgation of rules

and regulations, to carry out the provisions of the Act.

SEC. 2. Functions of the Department of State. The Secretary of State shall be responsible for implementing

sections 1704, 1707, and 1708 of the Act [22 U.S.C. 6003,

6006, 6007]. Responsibility for transmitting the certification required by section 1707 and the report required

by section 1708 of the Act is delegated to the Secretary

of State.

SEC. 3. Functions of the Department of the Treasury. Except as provided in section 4 of this order, the Secretary of the Treasury shall be responsible for implementing sections 1705(b)–(e) and 1706 [22 U.S.C.

6004(b)–(e), 6005] of the Act, to the extent that these

sections pertain to transactions with Cuba.

SEC. 4. Functions of the Department of Commerce. The

Secretary of Commerce shall be responsible for implementing sections 1705(b)–(e) of the Act, to the extent

that these sections pertain to the exportation to Cuba

from the United States or from a third country of

goods and technology subject to the jurisdiction of the

Department of Commerce.

SEC. 5. Consultation. In consultation with the Secretary of State, the Secretary of the Treasury and the