§ 6002 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1238

Secretary of Commerce are hereby authorized to take

such actions, including the promulgation of rules and

regulations, as may be necessary to carry out the purposes of the Act and this order.

SEC. 6. Nothing in this order shall be deemed to affect

any functions vested by law in the Federal Communications Commission.

SEC. 7. Effective Date. This order shall be effective immediately.

WILLIAM J. CLINTON.

§ 6002. Statement of policy

It should be the policy of the United States—

(1) to seek a peaceful transition to democracy and a resumption of economic growth in

Cuba through the careful application of sanctions directed at the Castro government and

support for the Cuban people;

(2) to seek the cooperation of other democratic countries in this policy;

(3) to make clear to other countries that, in

determining its relations with them, the

United States will take into account their

willingness to cooperate in such a policy;

(4) to seek the speedy termination of any remaining military or technical assistance, subsidies, or other forms of assistance to the Government of Cuba from any of the independent

states of the former Soviet Union;

(5) to continue vigorously to oppose the

human rights violations of the Castro regime;

(6) to maintain sanctions on the Castro regime so long as it continues to refuse to move

toward democratization and greater respect

for human rights;

(7) to be prepared to reduce the sanctions in

carefully calibrated ways in response to positive developments in Cuba;

(8) to encourage free and fair elections to determine Cuba’s political future;

(9) to request the speedy termination of any

military or technical assistance, subsidies, or

other forms of assistance to the Government

of Cuba from the government of any other

country; and

(10) to initiate immediately the development

of a comprehensive United States policy toward Cuba in a post-Castro era.

(Pub. L. 102–484, div. A, title XVII, §1703, Oct. 23,

1992, 106 Stat. 2576.)

§ 6003. International cooperation

(a) Cuban trading partners

The President should encourage the governments of countries that conduct trade with Cuba

to restrict their trade and credit relations with

Cuba in a manner consistent with the purposes

of this chapter.

(b) Sanctions against countries assisting Cuba

(1) Sanctions

The President may apply the following sanctions to any country that provides assistance

to Cuba:

(A) The government of such country shall

not be eligible for assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et

seq.] or assistance or sales under the Arms

Export Control Act [22 U.S.C. 2751 et seq.].

(B) Such country shall not be eligible,

under any program, for forgiveness or reduction of debt owed to the United States Government.

(2) ‘‘Assistance to Cuba’’ defined

For purposes of paragraph (1), the term ‘‘assistance to Cuba’’—

(A) means assistance to or for the benefit

of the Government of Cuba that is provided

by grant, concessional sale, guaranty, or insurance, or by any other means on terms

more favorable than that generally available

in the applicable market, whether in the

form of a loan, lease, credit, or otherwise,

and such term includes subsidies for exports

to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba;

(B) includes an exchange, reduction, or forgiveness of Cuban debt owed to a foreign

country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including

the government of any political subdivision

of Cuba, and any agency or instrumentality

of the Government of Cuba) or of a Cuban

national; and

(C) does not include—

(i) donations of food to nongovernmental

organizations or individuals in Cuba, or

(ii) exports of medicines or medical supplies, instruments, or equipment that

would be permitted under section 6004(c) of

this title.

As used in this paragraph, the term ‘‘agency

or instrumentality of the Government of

Cuba’’ means an agency or instrumentality of

a foreign state as defined in section 1603(b) of

title 28, with each reference in such section to

‘‘a foreign state’’ deemed to be a reference to

‘‘Cuba’’.

(3) Applicability of section

This section, and any sanctions imposed pursuant to this section, shall cease to apply at

such time as the President makes and reports

to the Congress a determination under section

6007(a) of this title.

(Pub. L. 102–484, div. A, title XVII, §1704, Oct. 23,

1992, 106 Stat. 2576; Pub. L. 104–114, title I,

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

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.

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (b)(1)(A), 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 Arms Export Control Act, referred to in subsec.

(b)(1)(A), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as

amended, which is classified principally to chapter 39

(§2751 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out

under section 2751 of this title and Tables.