Page 1239 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6004

AMENDMENTS

1996—Subsec. (b)(2). Pub. L. 104–114, §102(f), added subpar. (B), redesignated former subpar. (B) as (C), and inserted concluding provisions ‘‘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’.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6032, 6064 of this

title.

§ 6004. Support for Cuban people

(a) Provisions of law affected

The provisions of this section apply notwithstanding any other provision of law, including

section 2370(a) of this title, and notwithstanding

the exercise of authorities, before October 23,

1992, under section 5(b) of the Trading With the

Enemy Act [12 U.S.C. 95a, 50 App. U.S.C. 5(b)],

the International Emergency Economic Powers

Act [50 U.S.C. 1701 et seq.], or the Export Administration Act of 1979 [50 App. U.S.C. 2401 et seq.].

(b) Donations of food

Nothing in this or any other Act shall prohibit

donations of food to nongovernmental organizations or individuals in Cuba.

(c) Exports of medicines and medical supplies

Exports of medicines or medical supplies, instruments, or equipment to Cuba shall not be restricted—

(1) except to the extent such restrictions

would be permitted under section 5(m) of the

Export Administration Act of 1979 [50 App.

U.S.C. 2404(m)] or section 203(b)(2) of the International Emergency Economic Powers Act [50

U.S.C. 1702(b)(2)];

(2) except in a case in which there is a reasonable likelihood that the item to be exported will be used for purposes of torture or

other human rights abuses;

(3) except in a case in which there is a reasonable likelihood that the item to be exported will be reexported; and

(4) except in a case in which the item to be

exported could be used in the production of

any biotechnological product.

(d) Requirements for certain exports

(1) Onsite verifications

(A) Subject to subparagraph (B), an export

may be made under subsection (c) of this section only if the President determines that the

United States Government is able to verify, by

onsite inspections and other appropriate

means, that the exported item is to be used for

the purposes for which it was intended and

only for the use and benefit of the Cuban people.

(B) Subparagraph (A) does not apply to donations to nongovernmental organizations in

Cuba of medicines for humanitarian purposes.

(2) Licenses

Exports permitted under subsection (c) of

this section shall be made pursuant to specific

licenses issued by the United States Government.

(e) Telecommunications services and facilities

(1) Telecommunications services

Telecommunications services between the

United States and Cuba shall be permitted.

(2) Telecommunications facilities

Telecommunications facilities are authorized in such quantity and of such quality as

may be necessary to provide efficient and adequate telecommunications services between

the United States and Cuba.

(3) Licensing of payments to Cuba

(A) The President may provide for the issuance of licenses for the full or partial payment

to Cuba of amounts due Cuba as a result of the

provision of telecommunications services authorized by this subsection, in a manner that

is consistent with the public interest and the

purposes of this chapter, except that this paragraph shall not require any withdrawal from

any account blocked pursuant to regulations

issued under section 5(b) of the Trading With

the Enemy Act [12 U.S.C. 95a, 50 App. U.S.C.

5(b)].

(B) If only partial payments are made to

Cuba under subparagraph (A), the amounts

withheld from Cuba shall be deposited in an

account in a banking institution in the United

States. Such account shall be blocked in the

same manner as any other account containing

funds in which Cuba has any interest, pursuant to regulations issued under section 5(b) of

the Trading With the Enemy Act.

(4) Authority of Federal Communications Commission

Nothing in this subsection shall be construed to supersede the authority of the Federal Communications Commission.

(5) Prohibition on investment in domestic telecommunications services

Nothing in this subsection shall be construed to authorize the investment by any

United States person in the domestic telecommunications network within Cuba. For

purposes of this paragraph, an ‘‘investment’’

in the domestic telecommunications network

within Cuba includes the contribution (including by donation) of funds or anything of value

to or for, and the making of loans to or for,

such network.

(6) Reports to Congress

The President shall submit to the Congress

on a semiannual basis a report detailing payments made to Cuba by any United States person as a result of the provision of telecommunications services authorized by this

subsection.

(f) Direct mail delivery to Cuba

The United States Postal Service shall take

such actions as are necessary to provide direct

mail service to and from Cuba, including, in the

absence of common carrier service between the

2 countries, the use of charter service providers.

(g) Assistance to support democracy in Cuba

The United States Government may provide

assistance, through appropriate nongovernmental organizations, for the support of individ-
§ 6005 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1240

uals and organizations to promote nonviolent

democratic change in Cuba.

(Pub. L. 102–484, div. A, title XVII, §1705, Oct. 23,

1992, 106 Stat. 2577; Pub. L. 104–114, title I,

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

AMENDMENT 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) of this title that democratically

elected government in Cuba is in power, this

section is amended by repealing subsection (d).

REFERENCES IN TEXT

The International Emergency Economic Powers Act,

referred to in subsec. (a), is title II of Pub. L. 95–223,

Dec. 28, 1977, 91 Stat. 1626, which is classified generally

to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act

to the Code, see Short Title note set out under section

1701 of Title 50 and Tables.

The Export Administration Act of 1979, referred to in

subsec. (a), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503,

as amended, which is classified principally to section

2401 et seq. of the Appendix to Title 50. For complete

classification of this Act to the Code, see Short Title

note set out under section 2401 of the Appendix to Title

50 and Tables.

AMENDMENTS

1996—Subsec. (e)(5), (6). Pub. L. 104–114, §102(g), added

pars. (5) and (6).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6003, 6005, 6008,

6009, 6064 of this title.

§ 6005. Sanctions

(a) Prohibition on certain transactions between

certain United States firms and Cuba

(1) Prohibition

Notwithstanding any other provision of law,

no license may be issued for any transaction

described in section 515.559 of title 31, Code of

Federal Regulations, as in effect on July 1,

1989.

(2) Applicability to existing contracts

Paragraph (1) shall not affect any contract

entered into before October 23, 1992.

(b) Prohibitions on vessels

(1) Vessels engaging in trade

Beginning on the 61st day after October 23,

1992, a vessel which enters a port or place in

Cuba to engage in the trade of goods or services may not, within 180 days after departure

from such port or place in Cuba, load or unload any freight at any place in the United

States, except pursuant to a license issued by

the Secretary of the Treasury.

(2) Vessels carrying goods or passengers to or

from Cuba

Except as specifically authorized by the Secretary of the Treasury, a vessel carrying goods

or passengers to or from Cuba or carrying

goods in which Cuba or a Cuban national has

any interest may not enter a United States

port.

(3) Inapplicability of ship stores general license

No commodities which may be exported

under a general license described in section

771.9 of title 15, Code of Federal Regulations,

as in effect on May 1, 1992, may be exported

under a general license to any vessel carrying

goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national

has an interest.

(4) Definitions

As used in this subsection—

(A) the term ‘‘vessel’’ includes every description of water craft or other contrivance

used, or capable of being used, as a means of

transportation in water, but does not include aircraft;

(B) the term ‘‘United States’’ includes the

territories and possessions of the United

States and the customs waters of the United

States (as defined in section 1401 of title 19;

and

(C) the term ‘‘Cuban national’’ means a national of Cuba, as the term ‘‘national’’ is defined in section 515.302 of title 31, Code of

Federal Regulations, as of August 1, 1992.

(c) Restrictions on remittances to Cuba

The President shall establish strict limits on

remittances to Cuba by United States persons

for the purpose of financing the travel of Cubans

to the United States, in order to ensure that

such remittances reflect only the reasonable

costs associated with such travel, and are not

used by the Government of Cuba as a means of

gaining access to United States currency.

(d) Clarification of applicability of sanctions

The prohibitions contained in subsections (a),

(b), and (c) of this section shall not apply with

respect to any activity otherwise permitted by

section 6004 of this title or section 6006 of this

title or any activity which may not be regulated

or prohibited under section 5(b)(4) of the Trading

With the Enemy Act [12 U.S.C. 95a(4), 50 App.

U.S.C. 5(b)(4)].

(Pub. L. 102–484, div. A, title XVII, §1706, Oct. 23,

1992, 106 Stat. 2578.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6007, 6064 of this

title.

§ 6006. Policy toward a transitional Cuban Government

Food, medicine, and medical supplies for humanitarian purposes should be made available

for Cuba under the Foreign Assistance Act of

1961 [22 U.S.C. 2151 et seq.] and the Agricultural

Trade Development and Assistance Act of 1954 [7

U.S.C. 1691 et seq.] if the President determines

and certifies to the Committee on Foreign Affairs of the House of Representatives and the

Committee on Foreign Relations of the Senate

that the government in power in Cuba—

(1) has made a public commitment to hold

free and fair elections for a new government