§ 6064 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1256

appropriate congressional committees and

shall, subject to an authorization of appropriations and subject to the availability of appropriations, commence the delivery and distribution of assistance to such democratically

elected government under the plan developed

under section 6062(b) of this title.

(4) Annual reports to Congress

Not later than 60 days after the end of each

fiscal year, the President shall transmit to the

appropriate congressional committees a report

on the assistance provided under the plan developed under section 6062(b) of this title, including a description of each type of assistance, the amounts expended for such assistance, and a description of the assistance to be

provided under the plan in the current fiscal

year.

(d) Reprogramming

Any changes in the assistance to be provided

under the plan developed under section 6062(b) of

this title may not be made unless the President

notifies the appropriate congressional committees at least 15 days in advance in accordance

with the procedures applicable to reprogramming notifications under section 2394–1 of this

title.

(Pub. L. 104–114, title II, §203, Mar. 12, 1996, 110

Stat. 809.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6033, 6034, 6035,

6037, 6038, 6062, 6064, 6082 of this title.

§ 6064. Termination of economic embargo of

Cuba

(a) Presidential actions

Upon submitting a determination to the appropriate congressional committees under section 6063(c)(1) of this title that a transition government in Cuba is in power, the President,

after consultation with the Congress, is authorized to take steps to suspend the economic embargo of Cuba and to suspend the right of action

created in section 6082 of this title with respect

to actions thereafter filed against the Cuban

Government, to the extent that such steps contribute to a stable foundation for a democratically elected government in Cuba.

(b) Suspension of certain provisions of law

In carrying out subsection (a) of this section,

the President may suspend the enforcement of—

(1) section 2370(a) of this title;

(2) section 2370(f) of this title with respect to

the ‘‘Republic of Cuba’’;

(3) sections 6003, 6004(d), and 6005 of this

title;

(4) section 902(c) of the Food Security Act of

1985; and

(5) the prohibitions on transactions described in part 515 of title 31, Code of Federal

Regulations.

(c) Additional Presidential actions

Upon submitting a determination to the appropriate congressional committees under section 6063(c)(3) of this title that a democratically

elected government in Cuba is in power, the

President shall take steps to terminate the economic embargo of Cuba, including the restrictions under part 515 of title 31, Code of Federal

Regulations.

(d) Conforming amendments

On the date on which the President submits a

determination under section 6063(c)(3) of this

title—

(1) section 2370(a) of this title is repealed;

(2) section 2370(f) of this title is amended by

striking ‘‘Republic of Cuba’’;

(3) sections 6003, 6004(d), and 6005 of this title

are repealed; and

(4) section 902(c) of the Food Security Act of

1985 is repealed.

(e) Review of suspension of economic embargo

(1) Review

If the President takes action under subsection (a) of this section to suspend the economic embargo of Cuba, the President shall

immediately so notify the Congress. The

President shall report to the Congress no less

frequently than every 6 months thereafter,

until he submits a determination under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power,

on the progress being made by Cuba toward

the establishment of such a democratically

elected government. The action of the President under subsection (a) of this section shall

cease to be effective upon the enactment of a

joint resolution described in paragraph (2).

(2) Joint resolutions

For purposes of this subsection, the term

‘‘joint resolution’’ means only a joint resolution of the 2 Houses of Congress, the matter

after the resolving clause of which is as follows: ‘‘That the Congress disapproves the action of the President under section 204(a) of

the Cuban Liberty and Democratic Solidarity

(LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba, notice of which was

submitted to the Congress on ll.’’, with the

blank space being filled with the appropriate

date.

(3) Referral to committees

Joint resolutions introduced in the House of

Representatives shall be referred to the Committee on International Relations and joint

resolutions introduced in the Senate shall be

referred to the Committee on Foreign Relations.

(4) Procedures

(A) Any joint resolution shall be considered

in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control

Act of 1976.

(B) For the purpose of expediting the consideration and enactment of joint resolutions, a

motion to proceed to the consideration of any

joint resolution after it has been reported by

the appropriate committee shall be treated as

highly privileged in the House of Representatives.

(C) Not more than 1 joint resolution may be

considered in the House of Representatives
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;