I

104TH CONGRESS

1ST SESSION H. R. 2347

To seek international sanctions against the Castro government in Cuba,

to plan for support of a transition government leading to a democratically

elected government in Cuba, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 1995

Mr. BURTON of Indiana introduced the following bill; which was referred to

the Committee on International Relations, and in addition to the Committees on Ways and Means, Banking and Financial Services, the Judiciary,

and Rules, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To seek international sanctions against the Castro government in Cuba, to plan for support of a transition government leading to a democratically elected government in

Cuba, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Cuban Liberty and Democratic Solidarity (LIBERTAD)

6 Act of 1995’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.

Sec. 4. Definitions.

TITLE I—SEEKING SANCTIONS AGAINST THE CASTRO

GOVERNMENT

Sec. 101. Statement of policy.

Sec. 102. Enforcement of the economic embargo of Cuba.

Sec. 103. Prohibition against indirect financing of the Castro dictatorship.

Sec. 104. United States opposition to Cuban membership in international financial institutions.

Sec. 105. United States opposition to ending the suspension of the Government

of Cuba from the Organization of American States.

Sec. 106. Assistance by the Independent States of the former Soviet Union for

the Cuban Government.

Sec. 107. Television broadcasting to Cuba.

Sec. 108. Reports on assistance and commerce received by Cuba from other foreign countries.

Sec. 109. Authorization of support for democratic and human rights groups

and international observers.

Sec. 110. Withholding of foreign assistance from countries supporting nuclear

plant in Cuba.

Sec. 111. Expulsion of criminals from Cuba.

TITLE II—ASSISTANCE TO A FREE AND INDEPENDENT CUBA

Sec. 201. Policy toward a transition government and a democratically elected

government in Cuba.

Sec. 202. Assistance for the Cuban people.

Sec. 203. Coordination of assistance program; implementation and reports to

Congress; reprogramming.

Sec. 204. Termination of the economic embargo of Cuba.

Sec. 205. Requirements for a transition government.

Sec. 206. Requirements for a democratically elected government.

TITLE III—PROTECTION OF PROPERTY RIGHTS OF UNITED

STATES NATIONALS AGAINST CONFISCATORY TAKINGS BY THE

CASTRO REGIME

Sec. 301. Statement of policy.

Sec. 302. Liability for trafficking in property confiscated from United States

nationals.

Sec. 303. Determination of claims to confiscated property.

Sec. 304. Exclusivity of Foreign Claims Settlement Commission certification

procedure.

TITLE IV—EXCLUSION OF CERTAIN ALIENS

Sec. 401. Exclusion from the United States of aliens who have confiscated

property of United States nationals or who traffic in such

property.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) The economy of Cuba has experienced a de4 cline of at least 60 percent in the last 5 years as a

5 result of—

6 (A) the end of its subsidization by the

7 former Soviet Union of between 5 billion and 6

8 billion dollars annually;

9 (B) 36 years of Communist tyranny and

10 economic mismanagement by the Castro govern11 ment;

12 (C) the extreme decline in trade between

13 Cuba and the countries of the former Soviet

14 bloc; and

15 (D) the stated policy of the Russian Gov16 ernment and the countries of the former Soviet

17 bloc to conduct economic relations with Cuba

18 on strictly commercial terms.

19 (2) At the same time, the welfare and health of

20 the Cuban people have substantially deteriorated as

21 a result of this economic decline and the refusal of

22 the Castro regime to permit free and fair democratic

23 elections in Cuba.

24 (3) The Castro regime has made it abundantly

25 clear that it will not engage in any substantive polit-
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1 ical reforms that would lead to democracy, a market

2 economy, or an economic recovery.

3 (4) The repression of the Cuban people, includ4 ing a ban on free and fair democratic elections, and

5 continuing violations of fundamental human rights

6 have isolated the Cuban regime as the only com7 pletely nondemocratic government in the Western

8 Hemisphere.

9 (5) As long as free elections are not held in

10 Cuba, the economic condition of the country and the

11 welfare of the Cuban people will not improve in any

12 significant way.

13 (6) The totalitarian nature of the Castro regime

14 has deprived the Cuban people of any peaceful

15 means to improve their condition and has led thou16 sands of Cuban citizens to risk or lose their lives in

17 dangerous attempts to escape from Cuba to freedom.

18 (7) Radio Marti and Television Marti have both

19 been effective vehicles for providing the people of

20 Cuba with news and information and have helped to

21 bolster the morale of the people of Cuba living under

22 tyranny.

23 (8) The consistent policy of the United States

24 towards Cuba since the beginning of the Castro re25 gime, carried out by both Democratic and Repub-
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1 lican administrations, has sought to keep faith with

2 the people of Cuba, and has been effective in sanc3 tioning the totalitarian Castro regime.

4 (9) The United States has shown a deep com5 mitment, and considers it a moral obligation, to pro6 mote and protect human rights and fundamental

7 freedoms as expressed in the Charter of the United

8 Nations and in the Universal Declaration of Human

9 Rights.

10 (10) The Congress has historically and consist11 ently manifested its solidarity and the solidarity of

12 the American people with the democratic aspirations

13 of the Cuban people.

14 (11) The Cuban Democracy Act of 1992 calls

15 upon the President to encourage the governments of

16 countries that conduct trade with Cuba to restrict

17 their trade and credit relations with Cuba in a man18 ner consistent with the purposes of that Act.

19 (12) The 1992 FREEDOM Support Act re20 quires that the President, in providing economic as21 sistance to Russia and the emerging Eurasian de22 mocracies, take into account the extent to which

23 they are acting to ‘‘terminate support for the com24 munist regime in Cuba, including removal of troops,
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1 closing military facilities, and ceasing trade subsidies

2 and economic, nuclear, and other assistance’’.

3 (13) The Cuban Government engages in the il4 legal international narcotics trade and harbors fugi5 tives from justice in the United States.

6 (14) The Castro government threatens inter7 national peace and security by engaging in acts of

8 armed subversion and terrorism such as the training

9 and supplying of groups dedicated to international

10 violence.

11 (15) The Castro government has utilized from

12 its inception and continues to utilize torture in var13 ious forms (including by psychiatry), as well as exe14 cution, exile, confiscation, political imprisonment,

15 and other forms of terror and repression, as means

16 of retaining power.

17 (16) Fidel Castro has defined democratic plu18 ralism as ‘‘pluralistic garbage’’ and continues to

19 make clear that he has no intention of tolerating the

20 democratization of Cuban society.

21 (17) The Castro government holds innocent Cu22 bans hostage in Cuba by no fault of the hostages

23 themselves solely because relatives have escaped the

24 country.
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1 (18) Although a signatory state to the 1928

2 Inter-American Convention on Asylum and the

3 International Covenant on Civil and Political Rights

4 (which protects the right to leave one’s own coun5 try), Cuba nevertheless surrounds embassies in its

6 capital by armed forces to thwart the right of its

7 citizens to seek asylum and systematically denies

8 that right to the Cuban people, punishing them by

9 imprisonment for seeking to leave the country and

10 killing them for attempting to do so (as dem11 onstrated in the case of the confirmed murder of

12 over 40 men, women, and children who were seeking

13 to leave Cuba on July 13, 1994).

14 (19) The Castro government continues to utilize

15 blackmail, such as the immigration crisis with which

16 it threatened the United States in the summer of

17 1994, and other unacceptable and illegal forms of

18 conduct to influence the actions of sovereign states

19 in the Western Hemisphere in violation of the Char20 ter of the Organization of American States and

21 other international agreements and international

22 law.

23 (20) The United Nations Commission on

24 Human Rights has repeatedly reported on the unac25 ceptable human rights situation in Cuba and has
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1 taken the extraordinary step of appointing a Special

2 Rapporteur.

3 (21) The Cuban Government has consistently

4 refused access to the Special Rapporteur and for5 mally expressed its decision not to ‘‘implement so

6 much as one comma’’ of the United Nations Resolu7 tions appointing the Rapporteur.

8 (22) The United Nations General Assembly

9 passed Resolution 1992/70 on December 4, 1992,

10 Resolution 1993/48/142 on December 20, 1993, and

11 Resolution 1994/49/544 on October 19, 1994, ref12 erencing the Special Rapporteur’s reports to the

13 United Nations and condemning ‘‘violations of

14 human rights and fundamental freedoms’’ in Cuba.

15 (23) Article 39 of Chapter VII of the United

16 Nations Charter provides that the United Nations

17 Security Council ‘‘shall determine the existence of

18 any threat to the peace, breach of the peace, or act

19 of aggression and shall make recommendations, or

20 decide what measures shall be taken . . ., to main21 tain or restore international peace and security.’’.

22 (24) The United Nations has determined that

23 massive and systematic violations of human rights

24 may constitute a ‘‘threat to peace’’ under Article 39

25 and has imposed sanctions due to such violations of
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1 human rights in the cases of Rhodesia, South Africa,

2 Iraq, and the former Yugoslavia.

3 (25) In the case of Haiti, a neighbor of Cuba

4 not as close to the United States as Cuba, the

5 United States led an effort to obtain and did obtain

6 a United Nations Security Council embargo and

7 blockade against that country due to the existence of

8 a military dictatorship in power less than 3 years.

9 (26) United Nations Security Council Resolu10 tion 940 of July 31, 1994, subsequently authorized

11 the use of ‘‘all necessary means’’ to restore the

12 ‘‘democratically elected government of Haiti’’, and

13 the democratically elected government of Haiti was

14 restored to power on October 15, 1994.

15 (27) The Cuban people deserve to be assisted in

16 a decisive manner to end the tyranny that has op17 pressed them for 36 years and the continued failure

18 to do so constitutes ethically improper conduct by

19 the international community.

20 (28) For the past 36 years, the Cuban Govern21 ment has posed and continues to pose a national se22 curity threat to the United States.

23 SEC. 3. PURPOSES.

24 The purposes of this Act are as follows:
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1 (1) To assist the Cuban people in regaining

2 their freedom and prosperity, as well as in joining

3 the community of democracies that are flourishing in

4 the Western Hemisphere.

5 (2) To seek international sanctions against the

6 Castro government in Cuba.

7 (3) To encourage the holding of free and fair

8 democratic elections in Cuba, conducted under the

9 supervision of internationally recognized observers.

10 (4) To develop a plan for furnishing assistance

11 to a transition government and, subsequently, to a

12 democratically elected government when such gov13 ernments meet the eligibility requirements of this

14 Act.

15 (5) To protect property rights abroad of United

16 States nationals.

17 (6) To provide for the continued national secu18 rity of the United States in the face of continuing

19 threats from the Castro government of terrorism,

20 theft of property from United States nationals, and

21 domestic repression from which refugees flee to

22 United States shores.

23 SEC. 4. DEFINITIONS.

24 As used in this Act, the following terms have the fol25 lowing meanings:
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on International Re4 lations, the Committee on Ways and Means, and the

5 Committee on Appropriations of the House of Rep6 resentatives and the Committee on Foreign Rela7 tions, the Committee on Finance, and the Commit8 tee on Appropriations of the Senate.

9 (2) COMMERCIAL ACTIVITY.—The term ‘‘com10 mercial activity’’ has the meaning given that term in

11 section 1603(d) of title 28, United States Code.

12 (3) CONFISCATED.—As used in titles I and III,

13 the term ‘‘confiscated’’ refers to—

14 (A) the nationalization, expropriation, or

15 other seizure by the Cuban Government of own16 ership or control of property, on or after Janu17 ary 1, 1959—

18 (i) without the property having been

19 returned or adequate and effective com20 pensation provided; or

21 (ii) without the claim to the property

22 having been settled pursuant to an inter23 national claims settlement agreement or

24 other mutually accepted settlement proce25 dure; and
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1 (B) the repudiation by the Cuban Govern2 ment of, the default by the Cuban Government

3 on, or the failure by the Cuban Government to

4 pay, on or after January 1, 1959—

5 (i) a debt of any enterprise which has

6 been nationalized, expropriated, or other7 wise taken by the Cuban Government;

8 (ii) a debt which is a charge on prop9 erty nationalized, expropriated, or other10 wise taken by the Cuban Government; or

11 (iii) a debt which was incurred by the

12 Cuban Government in satisfaction or set13 tlement of a confiscated property claim.

14 (4) CUBAN GOVERNMENT.—(A) The term

15 ‘‘Cuban Government’’ includes the government of

16 any political subdivision of Cuba, and any agency or

17 instrumentality of the Government of Cuba.

18 (B) For purposes of subparagraph (A), the

19 term ‘‘agency or instrumentality of the Government

20 of Cuba’’ means an agency or instrumentality of a

21 foreign state as defined in section 1603(b) of title

22 28, United States Code, with ‘‘Cuba’’ substituted for

23 ‘‘a foreign state’’ each place it appears in such sec24 tion.
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1 (5) DEMOCRATICALLY ELECTED GOVERNMENT

2 IN CUBA.—The term ‘‘democratically elected govern3 ment in Cuba’’ means a government determined by

4 the President to have met the requirements of sec5 tion 206.

6 (6) ECONOMIC EMBARGO OF CUBA.—The term

7 ‘‘economic embargo of Cuba’’ refers to the economic

8 embargo imposed against Cuba pursuant to section

9 620(a) of the Foreign Assistance Act of 1961 (22

10 U.S.C. 2370(a)), section 5(b) of the Trading With

11 the Enemy Act (50 U.S.C. App. 5(b)), the Inter12 national Emergency Economic Powers Act (50

13 U.S.C. 1701 and following), and the Export Admin14 istration Act of 1979 (50 U.S.C. App. 2401 and fol15 lowing), as modified by the Cuban Democracy Act of

16 1992 (22 U.S.C. 6001 and following).

17 (7) FOREIGN NATIONAL.—The term ‘‘foreign

18 national’’ means—

19 (A) an alien; or

20 (B) any corporation, trust, partnership, or

21 other juridical entity not organized under the

22 laws of the United States, or of any State, the

23 District of Columbia, the Commonwealth of

24 Puerto Rico, or any other territory or posses25 sion of the United States.
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1 (8) KNOWINGLY.—The term ‘‘knowingly’’

2 means with knowledge or having reason to know.

3 (9) PROPERTY.—(A) The term ‘‘property’’

4 means any property (including patents, copyrights,

5 trademarks, and any other form of intellectual prop6 erty), whether real, personal, or mixed, and any

7 present, future, or contingent right, security, or

8 other interest therein, including any leasehold inter9 est.

10 (B) For purposes of title III of this Act, the

11 term ‘‘property’’ shall not include real property used

12 for residential purposes unless, as of the date of the

13 enactment of this Act—

14 (i) the claim to the property is owned by

15 a United States national and the claim has

16 been certified under title V of the International

17 Claims Settlement Act of 1949; or

18 (ii) the property is occupied by a member

19 or official of the Cuban Government or the rul20 ing political party in Cuba.

21 (10) TRAFFICS.—(A) As used in title III, a per22 son or entity ‘‘traffics’’ in property if that person or

23 entity knowingly and intentionally—

24 (i) sells, transfers, distributes, dispenses,

25 brokers, manages, or otherwise disposes of con-
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1 fiscated property, or purchases, leases, receives,

2 possesses, obtains control of, manages, uses, or

3 otherwise acquires or holds an interest in con4 fiscated property,

5 (ii) engages in a commercial activity using

6 or otherwise benefiting from confiscated prop7 erty, or

8 (iii) causes, directs, participates in, or

9 profits from, trafficking (as described in clauses

10 (i) and (ii)) by another person, or otherwise en11 gages in trafficking (as described in clauses (i)

12 and (ii)) through another person,

13 without the authorization of the United States na14 tional who holds a claim to the property.

15 (B) The term ‘‘traffics’’ does not include—

16 (i) the delivery of international tele17 communication signals to Cuba that are author18 ized by section 1705(e) of the Cuban Democ19 racy Act of 1992 (22 U.S.C. 6004(e)); or

20 (ii) the trading or holding of securities

21 publicly traded or held, unless the trading is

22 with or by a person determined by the Sec23 retary of the Treasury to be a specially des24 ignated national.
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1 (11) TRANSITION GOVERNMENT IN CUBA.—The

2 term ‘‘transition government in Cuba’’ means a gov3 ernment determined by the President to have met

4 the requirements of section 205.

5 (12) UNITED STATES NATIONAL.—The term

6 ‘‘United States national’’ means—

7 (A) any United States citizen; or

8 (B) any other legal entity which is orga9 nized under the laws of the United States, or

10 of any State, the District of Columbia, the

11 Commonwealth of Puerto Rico, or any other

12 territory or possession of the United States,

13 and which has its principal place of business in

14 the United States.

15 TITLE I—SEEKING SANCTIONS

16 AGAINST THE CASTRO GOV17 ERNMENT

18 SEC. 101. STATEMENT OF POLICY.

19 It is the sense of the Congress that—

20 (1) the acts of the Castro government, includ21 ing its massive, systematic, and extraordinary viola22 tions of human rights, are a threat to international

23 peace;

24 (2) the President should advocate, and should

25 instruct the United States Permanent Representa-
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1 tive to the United Nations to propose and seek,

2 within the Security Council, a mandatory inter3 national embargo against the totalitarian Cuban

4 Government pursuant to chapter VII of the Charter

5 of the United Nations, which is similar to measures

6 taken by United States representatives with respect

7 to Haiti; and

8 (3) any resumption or commencement of efforts

9 by any state to make operational the nuclear facility

10 at Cienfuegos, Cuba, will have a detrimental impact

11 on United States assistance to and relations with

12 that state.

13 SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF

14 CUBA.

15 (a) POLICY.—(1) The Congress hereby reaffirms sec16 tion 1704(a) of the Cuban Democracy Act of 1992 that

17 states the President should encourage foreign countries to

18 restrict trade and credit relations with Cuba.

19 (2) The Congress further urges the President to take

20 immediate steps to apply the sanctions described in section

21 1704(b) of that Act against countries assisting Cuba.

22 (b) DIPLOMATIC EFFORTS.—The Secretary of State

23 shall ensure that United States diplomatic personnel

24 abroad understand and, in their contacts with foreign offi25 cials, are communicating the reasons for the United States
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1 economic embargo of Cuba, and are urging foreign govern2 ments to cooperate more effectively with the embargo.

3 (c) EXISTING REGULATIONS.—The President should

4 instruct the Secretary of the Treasury and the Attorney

5 General to enforce fully the Cuban Assets Control Regula6 tions set forth in part 515 of title 31, Code of Federal

7 Regulations.

8 (d) TRADING WITH THE ENEMY ACT.—

9 (1) CIVIL PENALTIES.—Subsection (b) of sec10 tion 16 of the Trading With the Enemy Act (50

11 U.S.C. App. 16(b)) is amended to read as follows:

12 ‘‘(b)(1) A civil penalty of not to exceed $50,000 may

13 be imposed by the Secretary of the Treasury on any per14 son who violates any license, order, rule, or regulation is15 sued in compliance with the provisions of this Act.

16 ‘‘(2) Any property, funds, securities, papers, or other

17 articles or documents, or any vessel, together with its tack18 le, apparel, furniture, and equipment, that is the subject

19 of a violation under paragraph (1) shall, at the discretion

20 of the Secretary of the Treasury, be forfeited to the United

21 States Government.

22 ‘‘(3) The penalties provided under this subsection

23 may not be imposed for—
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1 ‘‘(A) news gathering, research, or the export or

2 import of, or transmission of, information or infor3 mational materials; or

4 ‘‘(B) clearly defined educational or religious ac5 tivities, or activities of recognized human rights or6 ganizations, that are reasonably limited in fre7 quency, duration, and number of participants.

8 ‘‘(4) The penalties provided under this subsection

9 may be imposed only on the record after opportunity for

10 an agency hearing in accordance with sections 554

11 through 557 of title 5, United States Code, with the right

12 to prehearing discovery.

13 ‘‘(5) Judicial review of any penalty imposed under

14 this subsection may be had to the extent provided in sec15 tion 702 of title 5, United States Code.’’.

16 (2) FORFEITURE OF PROPERTY USED IN VIOLA17 TION.—Section 16 of the Trading With the Enemy

18 Act is further amended by striking subsection (c).

19 (3) CLERICAL AMENDMENT.—Section 16 of the

20 Trading With the Enemy Act is further amended by

21 inserting ‘‘SEC. 16.’’ before ‘‘(a)’’.

22 (e) COVERAGE OF DEBT-FOR-EQUITY SWAPS BY

23 ECONOMIC EMBARGO OF CUBA.—Section 1704(b)(2) of

24 the Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2))

25 is amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (A);

3 (2) by redesignating subparagraph (B) as sub4 paragraph (C); and

5 (3) by inserting after subparagraph (A) the fol6 lowing new subparagraph:

7 ‘‘(B) includes an exchange, reduction, or

8 forgiveness of Cuban debt owed to a foreign

9 country in return for a grant of an equity inter10 est in a property, investment, or operation of

11 the Government of Cuba (including the govern12 ment of any political subdivision of Cuba, and

13 any agency or instrumentality of the Govern14 ment of Cuba) or of a Cuban national; and’’;

15 and

16 (4) by adding at the end the following flush

17 sentence:

18 ‘‘As used in this paragraph, the term ‘agency or in19 strumentality of the Government of Cuba’ means an

20 agency or instrumentality of a foreign state as de21 fined in section 1603(b) of title 28, United States

22 Code, with ‘Cuba’ substituted for ‘a foreign state’

23 each place it appears in such section.’’.
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1 SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF

2 THE CASTRO DICTATORSHIP.

3 (a) PROHIBITION.—Notwithstanding any other provi4 sion of law, no loan, credit, or other financing may be ex5 tended knowingly by a United States national, permanent

6 resident alien, or United States agency, to a foreign na7 tional, United States national, or permanent resident

8 alien, in order to finance transactions involving any con9 fiscated property the claim to which is owned by a United

10 States national as of the date of the enactment of this

11 Act.

12 (b) TERMINATION OF PROHIBITION.—The prohibi13 tion of subsection (a) shall cease to apply on the date on

14 which the economic embargo of Cuba terminates under

15 section 205.

16 (c) PENALTIES.—Violations of subsection (a) shall be

17 punishable by the same penalties as are applicable to viola18 tions of the Cuban Assets Control Regulations set forth

19 in part 515 of title 31, Code of Federal Regulations.

20 (d) DEFINITIONS.—As used in this section—

21 (1) the term ‘‘permanent resident alien’’ means

22 an alien admitted for permanent residence into the

23 United States; and

24 (2) the term ‘‘United States agency’’ has the

25 meaning given the term ‘‘agency’’ in section 551(1)

26 of title 5, United States Code.
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1 SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBER2 SHIP IN INTERNATIONAL FINANCIAL INSTI3 TUTIONS.

4 (a) CONTINUED OPPOSITION TO CUBAN MEMBER5 SHIP IN INTERNATIONAL FINANCIAL INSTITUTIONS.—(1)

6 Except as provided in paragraph (2), the Secretary of the

7 Treasury shall instruct the United States executive direc8 tor to each international financial institution to use the

9 voice and vote of the United States to oppose the admis10 sion of Cuba as a member of that institution until the

11 President submits a determination under section

12 203(c)(3) that a democratically elected government in

13 Cuba is in power.

14 (2) Once the President submits a determination

15 under section 203(c)(1) that a transition government in

16 Cuba is in power, the President is encouraged to take

17 steps to support the processing of Cuba’s application for

18 membership in any international financial institution, sub19 ject to the membership taking effect after a democratically

20 elected government in Cuba is in power.

21 (b) REDUCTION IN UNITED STATES PAYMENTS TO

22 INTERNATIONAL FINANCIAL INSTITUTIONS.—If any

23 international financial institution approves a loan or other

24 assistance to the Cuban Government over the opposition

25 of the United States, then the Secretary of the Treasury

26 shall withhold from payment to that institution an amount
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1 equal to the amount of the loan or other assistance to the

2 Cuban Government, with respect to each of the following

3 types of payment:

4 (1) The paid-in portion of the increase in cap5 ital stock of the institution.

6 (2) The callable portion of the increase in cap7 ital stock of the institution.

8 (c) DEFINITION.—For purposes of this section, the

9 term ‘‘international financial institution’’ means the Inter10 national Monetary Fund, the International Bank for Re11 construction and Development, the International Develop12 ment Association, the International Finance Corporation,

13 the Multilateral Investment Guaranty Agency, and the

14 Inter-American Development Bank.

15 SEC. 105. UNITED STATES OPPOSITION TO ENDING THE

16 SUSPENSION OF THE GOVERNMENT OF CUBA

17 FROM THE ORGANIZATION OF AMERICAN

18 STATES.

19 The President should instruct the United States Per20 manent Representative to the Organization of American

21 States to use the voice and vote of the United States to

22 oppose ending the suspension of the Government of Cuba

23 from the Organization until the President determines

24 under section 203(c)(3) that a democratically elected gov25 ernment in Cuba is in power.
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1 SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF

2 THE FORMER SOVIET UNION FOR THE CUBAN

3 GOVERNMENT.

4 (a) REPORTING REQUIREMENT.—Not later than 90

5 days after the date of the enactment of this Act, the Presi6 dent shall submit to the appropriate congressional com7 mittees a report detailing progress towards the withdrawal

8 of personnel of any independent state of the former Soviet

9 Union (within the meaning of section 3 of the FREEDOM

10 Support Act (22 U.S.C. 5801)), including advisers, techni11 cians, and military personnel, from the Cienfuegos nuclear

12 facility in Cuba.

13 (b) CRITERIA FOR ASSISTANCE.—Section

14 498A(a)(11) of the Foreign Assistance Act of 1961 (22

15 U.S.C. 2295a(a)(11)) is amended by striking ‘‘of military

16 facilities’’ and inserting ‘‘military and intelligence facili17 ties, including the military and intelligence facilities at

18 Lourdes and Cienfuegos’’.

19 (c) INELIGIBILITY FOR ASSISTANCE.—(1) Section

20 498A(b) of that Act (22 U.S.C. 2295a(b)) is amended—

21 (A) by striking ‘‘or’’ at the end of paragraph

22 (4);

23 (B) by redesignating paragraph (5) as para24 graph (6); and

25 (C) by inserting after paragraph (4) the follow26 ing:
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1 ‘‘(5) for the government of any independent

2 state effective 30 days after the President has deter3 mined and certified to the appropriate congressional

4 committees (and Congress has not enacted legisla5 tion disapproving the determination within that 30-

6 day period) that such government is providing as7 sistance for, or engaging in nonmarket based trade

8 (as defined in section 498B(k)(3)) with, the Cuban

9 Government; or’’.

10 (2) Subsection (k) of section 498B of that Act (22

11 U.S.C. 2295b(k)), is amended by adding at the end the

12 following:

13 ‘‘(3) NONMARKET BASED TRADE.—As used in

14 section 498A(b)(5), the term ‘nonmarket based

15 trade’ includes exports, imports, exchanges, or other

16 arrangements that are provided for goods and serv17 ices (including oil and other petroleum products) on

18 terms more favorable than those generally available

19 in applicable markets or for comparable commod20 ities, including—

21 ‘‘(A) exports to the Cuban Government on

22 terms that involve a grant, concessional price,

23 guaranty, insurance, or subsidy;

24 ‘‘(B) imports from the Cuban Government

25 at preferential tariff rates;
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1 ‘‘(C) exchange arrangements that include

2 advance delivery of commodities, arrangements

3 in which the Cuban Government is not held ac4 countable for unfulfilled exchange contracts,

5 and arrangements under which Cuba does not

6 pay appropriate transportation, insurance, or fi7 nance costs; and

8 ‘‘(D) the exchange, reduction, or forgive9 ness of Cuban debt in return for a grant by the

10 Cuban Government of an equity interest in a

11 property, investment, or operation of the Cuban

12 Government or of a Cuban national.

13 ‘‘(4) CUBAN GOVERNMENT.—(A) The term

14 ‘Cuban Government’ includes the government of any

15 political subdivision of Cuba, and any agency or in16 strumentality of the Government of Cuba.

17 ‘‘(B) For purposes of subparagraph (A), the

18 term ‘agency or instrumentality of the Government

19 of Cuba’ means an agency or instrumentality of a

20 foreign state as defined in section 1603(b) of title

21 28, United States Code, with ‘Cuba’ substituted for

22 ‘a foreign state’ each place it appears in such sec23 tion.’’.

24 (d) FACILITIES AT LOURDES, CUBA.—(1) The Con25 gress expresses its strong disapproval of the extension by
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1 Russia of credits equivalent to approximately

2 $200,000,000 in support of the intelligence facility at

3 Lourdes, Cuba, in November 1994.

4 (2) Section 498A of the Foreign Assistance Act of

5 1961 (22 U.S.C. 2295a) is amended by adding at the end

6 the following new subsection:

7 ‘‘(d) REDUCTION IN ASSISTANCE FOR SUPPORT OF

8 INTELLIGENCE FACILITIES IN CUBA.—(1) Notwithstand9 ing any other provision of law, the President shall with10 hold from assistance provided, on or after the date of the

11 enactment of this subsection, for an independent state of

12 the former Soviet Union under this chapter an amount

13 equal to the sum of assistance and credits, if any, provided

14 on or after such date by such state in support of intel15 ligence facilities in Cuba, including the intelligence facility

16 at Lourdes, Cuba.

17 ‘‘(2)(A) The President may waive the requirement of

18 paragraph (1) to withhold assistance if the President cer19 tifies to the appropriate congressional committees that the

20 provision of such assistance is important to the national

21 security of the United States, and, in the case of such

22 a certification made with respect to Russia, if the Presi23 dent certifies that the Russian Government has assured

24 the United States Government that the Russian Govern25 ment is not sharing intelligence data collected at the
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1 Lourdes facility with officials or agents of the Cuban Gov2 ernment.

3 ‘‘(B) At the time of a certification made with respect

4 to Russia pursuant to subparagraph (A), the President

5 shall also submit to the appropriate congressional commit6 tees a report describing the intelligence activities of Russia

7 in Cuba, including the purposes for which the Lourdes fa8 cility is used by the Russian Government and the extent

9 to which the Russian Government provides payment or

10 government credits to the Cuban Government for the con11 tinued use of the Lourdes facility.

12 ‘‘(C) The report required by subparagraph (B) may

13 be submitted in classified form.

14 ‘‘(D) For purposes of this paragraph, the term ‘ap15 propriate congressional committees’ includes the Perma16 nent Select Committee on Intelligence of the House of

17 Representatives and the Select Committee on Intelligence

18 of the Senate.

19 ‘‘(3) The requirement of paragraph (1) to withhold

20 assistance shall not apply with respect to—

21 ‘‘(A) assistance to meet urgent humanitarian

22 needs, including disaster and refugee relief;

23 ‘‘(B) democratic political reform and rule of law

24 activities;
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1 ‘‘(C) technical assistance for safety upgrades of

2 civilian nuclear power plants;

3 ‘‘(D) the creation of private sector and non4 governmental organizations that are independent of

5 government control;

6 ‘‘(E) the development of a free market eco7 nomic system; and

8 ‘‘(F) assistance for the purposes described in

9 the Cooperative Threat Reduction Act of 1993 (title

10 XII of Public Law 103–160).’’.

11 SEC. 107. TELEVISION BROADCASTING TO CUBA.

12 (a) CONVERSION TO UHF.—The Director of the

13 United States Information Agency shall implement a con14 version of television broadcasting to Cuba under the Tele15 vision Marti Service to ultra high frequency (UHF) broad16 casting.

17 (b) PERIODIC REPORTS.—Not later than 45 days

18 after the date of the enactment of this Act, and every

19 three months thereafter until the conversion described in

20 subsection (a) is fully implemented, the Director of the

21 United States Information Agency shall submit a report

22 to the appropriate congressional committees on the

23 progress made in carrying out subsection (a).

24 (c) TERMINATION OF BROADCASTING AUTHORI25 TIES.—Upon transmittal of a determination under section
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1 203(c)(3), the Television Broadcasting to Cuba Act (22

2 U.S.C. 1465aa and following) and the Radio Broadcasting

3 to Cuba Act (22 U.S.C. 1465 and following) are repealed.

4 SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE RE5 CEIVED BY CUBA FROM OTHER FOREIGN

6 COUNTRIES.

7 (a) REPORTS REQUIRED.—Not later than 90 days

8 after the date of the enactment of this Act, and every year

9 thereafter, the President shall submit a report to the ap10 propriate congressional committees on assistance and

11 commerce received by Cuba from other foreign countries

12 during the preceding 12-month period.

13 (b) CONTENTS OF REPORTS.—Each report required

14 by subsection (a) shall, for the period covered by the re15 port, contain the following, to the extent such information

16 is known:

17 (1) A description of all bilateral assistance pro18 vided to Cuba by other foreign countries, including

19 humanitarian assistance.

20 (2) A description of Cuba’s commerce with for21 eign countries, including an identification of Cuba’s

22 trading partners and the extent of such trade.

23 (3) A description of the joint ventures com24 pleted, or under consideration, by foreign nationals

25 involving facilities in Cuba, including an identifica-
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1 tion of the location of the facilities involved and a

2 description of the terms of agreement of the joint

3 ventures and the names of the parties that are in4 volved.

5 (4) A determination whether or not any of the

6 facilities described in paragraph (3) is the subject of

7 a claim by a United States national.

8 (5) A determination of the amount of Cuban

9 debt owed to each foreign country, including—

10 (A) the amount of debt exchanged, for11 given, or reduced under the terms of each in12 vestment or operation in Cuba involving foreign

13 nationals; and

14 (B) the amount of debt owed to the foreign

15 country that has been exchanged, reduced, or

16 forgiven in return for a grant by the Cuban

17 Government of an equity interest in a property,

18 investment, or operation of the Cuban Govern19 ment or of a Cuban national.

20 (6) A description of the steps taken to ensure

21 that raw materials and semifinished or finished

22 goods produced by facilities in Cuba involving for23 eign nationals do not enter the United States mar24 ket, either directly or through third countries or par25 ties.
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1 (7) An identification of countries that purchase,

2 or have purchased, arms or military supplies from

3 the Cuban Government or that otherwise have en4 tered into agreements with the Cuban Government

5 that have a military application, including—

6 (A) a description of the military supplies,

7 equipment, or other materiel sold, bartered, or

8 exchanged between the Cuban Government and

9 such countries;

10 (B) a listing of the goods, services, credits,

11 or other consideration received by the Cuban

12 Government in exchange for military supplies,

13 equipment, or materiel; and

14 (C) the terms or conditions of any such

15 agreement.

16 SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC

17 AND HUMAN RIGHTS GROUPS AND INTER18 NATIONAL OBSERVERS.

19 (a) AUTHORIZATION.—Notwithstanding any other

20 provision of law, except for section 634A of the Foreign

21 Assistance Act of 1961 (22 U.S.C. 2394–1) and com22 parable notification requirements contained in any Act

23 making appropriations for foreign operations, export fi24 nancing, and related programs, the President is author25 ized to furnish assistance and provide other support for
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1 individuals and independent nongovernmental organiza2 tions to support democracy-building efforts for Cuba, in3 cluding the following:

4 (1) Published and informational matter, such as

5 books, videos, and cassettes, on transitions to de6 mocracy, human rights, and market economies, to be

7 made available to independent democratic groups in

8 Cuba.

9 (2) Humanitarian assistance to victims of polit10 ical repression, and their families.

11 (3) Support for democratic and human rights

12 groups in Cuba.

13 (4) Support for visits and permanent deploy14 ment of independent international human rights

15 monitors in Cuba.

16 (b) OAS EMERGENCY FUND.—(1) The President

17 shall take the necessary steps to encourage the Organiza18 tion of American States to create a special emergency fund

19 for the explicit purpose of deploying human rights observ20 ers, election support, and election observation in Cuba.

21 (2) The President should instruct the United States

22 Permanent Representative to the Organization of Amer23 ican States to encourage other member states of the Orga24 nization to join in calling for the Cuban Government to

25 allow the immediate deployment of independent human
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1 rights monitors of the Organization throughout Cuba and

2 on-site visits to Cuba by the Inter-American Commission

3 on Human Rights.

4 (3) Notwithstanding section 307 of the Foreign As5 sistance Act of 1961 (22 U.S.C. 2227) or any other provi6 sion of law limiting the United States proportionate share

7 of assistance to Cuba by any international organization,

8 the President should provide not less than $5,000,000 of

9 the voluntary contributions of the United States to the

10 Organization of American States as of the date of the en11 actment of this Act solely for the purposes of the special

12 fund referred to in paragraph (1).

13 SEC. 110. WITHHOLDING OF FOREIGN ASSISTANCE FROM

14 COUNTRIES SUPPORTING NUCLEAR PLANT

15 IN CUBA.

16 (a) FINDINGS.—The Congress makes the following

17 findings:

18 (1) President Clinton stated in April 1993 that

19 ‘‘the United States opposes the construction of the

20 Juragua nuclear power plant because of our con21 cerns about Cuba’s ability to ensure the safe oper22 ation of the facility and because of Cuba’s refusal to

23 sign the Nuclear Non-Proliferation Treaty or ratify

24 the Treaty of Tlatelolco.’’.
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1 (2) Cuba has not signed the Treaty on the Non2 Proliferation of Nuclear Weapons or ratified the

3 Treaty of Tlatelolco, the latter of which establishes

4 Latin America and the Caribbean as a nuclear weap5 ons-free zone.

6 (3) The State Department, the Nuclear Regu7 latory Commission, and the Department of Energy

8 have expressed concerns about the construction and

9 operation of Cuba’s nuclear reactors.

10 (4) In a September 1992 report to Congress,

11 the General Accounting Office outlined concerns

12 among nuclear energy experts about deficiencies in

13 the nuclear plant project in Juragua, near Cienfue14 gos, Cuba, including—

15 (A) a lack in Cuba of a nuclear regulatory

16 structure;

17 (B) the absence in Cuba of an adequate in18 frastructure to ensure the plant’s safe operation

19 and requisite maintenance;

20 (C) the inadequacy of training of plant op21 erators;

22 (D) reports by a former technician from

23 Cuba who, by examining with x-rays weld sites

24 believed to be part of the auxiliary plumbing
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1 system for the plant, found that 10 to 15 per2 cent of those sites were defective;

3 (E) since September 5, 1992, when con4 struction on the plant was halted, the prolonged

5 exposure to the elements, including corrosive

6 salt water vapor, of the primary reactor compo7 nents; and

8 (F) the possible inadequacy of the upper

9 portion of the reactors’ dome retention capabil10 ity to withstand only 7 pounds of pressure per

11 square inch, given that normal atmospheric

12 pressure is 32 pounds per square inch and

13 United States reactors are designed to accom14 modate pressures of 50 pounds per square inch.

15 (5) The United States Geological Survey claims

16 that it had difficulty determining answers to specific

17 questions regarding earthquake activity in the area

18 near Cienfuegos because the Cuban Government was

19 not forthcoming with information.

20 (6) The Geological Survey has indicated that

21 the Caribbean plate, a geological formation near the

22 south coast of Cuba, may pose seismic risks to Cuba

23 and the site of the power plant, and may produce

24 large to moderate earthquakes.
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1 (7) On May 25, 1992, the Caribbean plate pro2 duced an earthquake numbering 7.0 on the Richter

3 scale.

4 (8) According to a study by the National Oce5 anic and Atmospheric Administration, summer

6 winds could carry radioactive pollutants from a nu7 clear accident at the power plant throughout all of

8 Florida and parts of the States on the gulf coast as

9 far as Texas, and northern winds could carry the

10 pollutants as far northeast as Virginia and Washing11 ton, D.C.

12 (9) The Cuban Government, under dictator

13 Fidel Castro, in 1962 advocated the Soviets’ launch14 ing of nuclear missiles to the United States, which

15 represented a direct and dangerous provocation of

16 the United States and brought the world to the

17 brink of a nuclear conflict.

18 (10) Fidel Castro over the years has consist19 ently issued threats against the United States Gov20 ernment, most recently that he would unleash an21 other perilous mass migration from Cuba upon the

22 enactment of this Act.

23 (11) Despite the various concerns about the

24 plant’s safety and operational problems, a feasibility

25 study is being conducted that would establish a sup-
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1 port group to include Russia, Cuba, and third coun2 tries with the objective of completing and operating

3 the plant.

4 (b) WITHHOLDING OF FOREIGN ASSISTANCE.—

5 (1) IN GENERAL.—Notwithstanding any other

6 provision of law, the President shall withhold from

7 assistance allocated, on or after the date of the en8 actment of this Act, for any country an amount

9 equal to the sum of assistance and credits, if any,

10 provided on or after such date of enactment by that

11 country or any entity in that country in support of

12 the completion of the Cuban nuclear facility at

13 Juragua, near Cienfuegos, Cuba.

14 (2) EXCEPTIONS.—The requirement of para15 graph (1) to withhold assistance shall not apply with

16 respect to—

17 (A) assistance to meet urgent humani18 tarian needs, including disaster and refugee re19 lief;

20 (B) democratic political reform and rule of

21 law activities;

22 (C) the creation of private sector and non23 governmental organizations that are independ24 ent of government control;
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1 (D) the development of a free market eco2 nomic system; and

3 (E) assistance for the purposes described

4 in the Cooperative Threat Reduction Act of

5 1993 (title XII of Public Law 103–160).

6 (3) DEFINITION.—As used in paragraph (1),

7 the term ‘‘assistance’’ means assistance under the

8 Foreign Assistance Act of 1961, credits, sales, and

9 guarantees of extensions of credit under the Arms

10 Export Control Act, assistance under titles I and III

11 of the Agricultural Trade Development and Assist12 ance Act of 1954, assistance under the FREEDOM

13 Support Act of 1992, and any other program of as14 sistance or credits provided by the United States to

15 other countries under other provisions of law, except

16 that the term ‘‘assistance’’ does not include humani17 tarian assistance, including disaster relief assistance.

18 SEC. 111. EXPULSION OF CRIMINALS FROM CUBA.

19 The President shall instruct all United States Gov20 ernment officials who engage in official conduct with the

21 Cuban Government to raise on a regular basis the extra22 dition of or rendering to the United States all persons re23 siding in Cuba who are sought by the United States De24 partment of Justice for crimes committed in the United

25 States.
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1 TITLE II—ASSISTANCE TO A

2 FREE AND INDEPENDENT CUBA

3 SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT

4 AND A DEMOCRATICALLY ELECTED GOVERN5 MENT IN CUBA.

6 The policy of the United States is as follows:

7 (1) To support the self-determination of the

8 Cuban people.

9 (2) To recognize that the self-determination of

10 the Cuban people is a sovereign and national right

11 of the citizens of Cuba which must be exercised free

12 of interference by the government of any other coun13 try.

14 (3) To encourage the Cuban people to empower

15 themselves with a government which reflects the self16 determination of the Cuban people.

17 (4) To recognize the potential for a difficult

18 transition from the current regime in Cuba that may

19 result from the initiatives taken by the Cuban people

20 for self-determination in response to the intran21 sigence of the Castro regime in not allowing any

22 substantive political or economic reforms, and to be

23 prepared to provide the Cuban people with humani24 tarian, developmental, and other economic assist25 ance.
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1 (5) In solidarity with the Cuban people, to pro2 vide appropriate forms of assistance—

3 (A) to a transition government in Cuba;

4 (B) to facilitate the rapid movement from

5 such a transition government to a democrat6 ically elected government in Cuba that results

7 from an expression of the self-determination of

8 the Cuban people; and

9 (C) to support such a democratically elect10 ed government.

11 (6) Through such assistance, to facilitate a

12 peaceful transition to representative democracy and

13 a market economy in Cuba and to consolidate de14 mocracy in Cuba.

15 (7) To deliver such assistance to the Cuban

16 people only through a transition government in

17 Cuba, through a democratically elected government

18 in Cuba, through United States Government organi19 zations, or through United States, international, or

20 indigenous nongovernmental organizations.

21 (8) To encourage other countries and multilat22 eral organizations to provide similar assistance, and

23 to work cooperatively with such countries and orga24 nizations to coordinate such assistance.
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1 (9) To ensure that appropriate assistance is

2 rapidly provided and distributed to the people of

3 Cuba upon the institution of a transition govern4 ment in Cuba.

5 (10) Not to provide favorable treatment or in6 fluence on behalf of any individual or entity in the

7 selection by the Cuban people of their future govern8 ment.

9 (11) To assist a transition government in Cuba

10 and a democratically elected government in Cuba to

11 prepare the Cuban military forces for an appropriate

12 role in a democracy.

13 (12) To be prepared to enter into negotiations

14 with a democratically elected government in Cuba ei15 ther to return the United States Naval Base at

16 Guantanamo to Cuba or to renegotiate the present

17 agreement under mutually agreeable terms.

18 (13) To consider the restoration of diplomatic

19 recognition and support the reintegration of the

20 Cuban Government into Inter-American organiza21 tions when the President determines that there ex22 ists a democratically elected government in Cuba.

23 (14) To take steps to remove the economic em24 bargo of Cuba when the President determines that
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1 a transition to a democratically elected government

2 in Cuba has begun.

3 (15) To assist a democratically elected govern4 ment in Cuba to strengthen and stabilize its national

5 currency.

6 (16) To pursue trade relations with a free,

7 democratic, and independent Cuba.

8 SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE.

9 (a) AUTHORIZATION.—

10 (1) IN GENERAL.—The President shall develop

11 a plan for providing economic assistance to Cuba at

12 such time as the President determines that a transi13 tion government or a democratically elected govern14 ment in Cuba (as determined under section 203(c))

15 is in power.

16 (2) EFFECT ON OTHER LAWS.—Assistance may

17 be provided under this section subject to an author18 ization of appropriations and subject to the availabil19 ity of appropriations.

20 (b) PLAN FOR ASSISTANCE.—

21 (1) DEVELOPMENT OF PLAN.—The President

22 shall develop a plan for providing assistance under

23 this section—

24 (A) to Cuba when a transition government

25 in Cuba is in power; and
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1 (B) to Cuba when a democratically elected

2 government in Cuba is in power.

3 (2) TYPES OF ASSISTANCE.—Assistance under

4 the plan developed under paragraph (1) may, subject

5 to an authorization of appropriations and subject to

6 the availability of appropriations, include the follow7 ing:

8 (A) TRANSITION GOVERNMENT.—(i) Ex9 cept as provided in clause (ii), assistance to

10 Cuba under a transition government shall, sub11 ject to an authorization of appropriations and

12 subject to the availability of appropriations, be

13 limited to—

14 (I) such food, medicine, medical sup15 plies and equipment, and assistance to

16 meet emergency energy needs, as is nec17 essary to meet the basic human needs of

18 the Cuban people; and

19 (II) assistance described in subpara20 graph (C).

21 (ii) Assistance provided only after the

22 President certifies to the appropriate congres23 sional committees, in accordance with proce24 dures applicable to reprogramming notifications

25 under section 634A of the Foreign Assistance
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1 Act of 1961, that such assistance is essential to

2 the successful completion of the transition to

3 democracy.

4 (iii) Only after a transition government in

5 Cuba is in power, remittances by individuals to

6 their relatives of cash or goods, as well as free7 dom to travel to visit them without any restric8 tions, shall be permitted.

9 (B) DEMOCRATICALLY ELECTED GOVERN10 MENT.—Assistance to a democratically elected

11 government in Cuba may, subject to an author12 ization of appropriations and subject to the

13 availability of appropriations, consist of addi14 tional economic assistance, together with assist15 ance described in subparagraph (C). Such eco16 nomic assistance may include—

17 (i) assistance under chapter 1 of part

18 I (relating to development assistance), and

19 chapter 4 of part II (relating to the eco20 nomic support fund), of the Foreign As21 sistance Act of 1961;

22 (ii) assistance under the Agricultural

23 Trade Development and Assistance Act of

24 1954;
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1 (iii) financing, guarantees, and other

2 forms of assistance provided by the Ex3 port-Import Bank of the United States;

4 (iv) financial support provided by the

5 Overseas Private Investment Corporation

6 for investment projects in Cuba;

7 (v) assistance provided by the Trade

8 and Development Agency;

9 (vi) Peace Corps programs; and

10 (vii) other appropriate assistance to

11 carry out the policy of section 201.

12 (C) MILITARY ADJUSTMENT ASSIST13 ANCE.—Assistance to a transition government

14 in Cuba and to a democratically elected govern15 ment in Cuba shall also include assistance in

16 preparing the Cuban military forces to adjust to

17 an appropriate role in a democracy.

18 (c) STRATEGY FOR DISTRIBUTION.—The plan devel19 oped under subsection (b) shall include a strategy for dis20 tributing assistance under the plan.

21 (d) DISTRIBUTION.—Assistance under the plan devel22 oped under subsection (b) shall be provided through

23 United States Government organizations and nongovern24 mental organizations and private and voluntary organiza25 tions, whether within or outside the United States, includ-
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1 ing humanitarian, educational, labor, and private sector

2 organizations.

3 (e) INTERNATIONAL EFFORTS.—The President shall

4 take the necessary steps—

5 (1) to seek to obtain the agreement of other

6 countries and of international financial institutions

7 and multilateral organizations to provide to a transi8 tion government in Cuba, and to a democratically

9 elected government in Cuba, assistance comparable

10 to that provided by the United States under this

11 Act; and

12 (2) to work with such countries, institutions,

13 and organizations to coordinate all such assistance

14 programs.

15 (f) COMMUNICATION WITH THE CUBAN PEOPLE.—

16 The President shall take the necessary steps to commu17 nicate to the Cuban people the plan for assistance devel18 oped under this section.

19 (g) REPORT TO CONGRESS.—Not later than 180 days

20 after the date of the enactment of this Act, the President

21 shall transmit to the appropriate congressional committees

22 a report describing in detail the plan developed under this

23 section.

24 (h) TRADE AND INVESTMENT RELATIONS.—
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1 (1) REPORT TO CONGRESS.—The President, fol2 lowing the transmittal to the Congress of a deter3 mination under section 203(c)(3) that a democrat4 ically elected government in Cuba is in power, shall

5 submit to the appropriate congressional committees

6 a report that describes—

7 (A) acts, policies, and practices that con8 stitute significant barriers to, or distortions of,

9 United States trade in goods or services or for10 eign direct investment with respect to Cuba;

11 (B) policy objectives of the United States

12 regarding trade relations with a democratically

13 elected government in Cuba, and the reasons

14 therefor, including possible—

15 (i) reciprocal extension of nondiscrim16 inatory trade treatment (most-favored17 nation treatment);

18 (ii) designation of Cuba as a bene19 ficiary developing country under title V of

20 the Trade Act of 1974 (relating to the

21 Generalized System of Preferences) or as a

22 beneficiary country under the Caribbean

23 Basin Economic Recovery Act, and the im24 plications of such designation with respect

25 to trade with any other country that is
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1 such a beneficiary developing country or

2 beneficiary country or is a party to the

3 North American Free Trade Agreement;

4 and

5 (iii) negotiations regarding free trade,

6 including the accession of Cuba to the

7 North American Free Trade Agreement;

8 (C) specific trade negotiating objectives of

9 the United States with respect to Cuba, includ10 ing the objectives described in section 108(b)(5)

11 of the North American Free Trade Agreement

12 Implementation Act (19 U.S.C. 3317(b)(5));

13 and

14 (D) actions proposed or anticipated to be

15 undertaken, and any proposed legislation nec16 essary or appropriate, to achieve any of such

17 policy and negotiating objectives.

18 (2) CONSULTATIONS.—The President shall con19 sult with the appropriate congressional committees

20 and shall seek advice from the appropriate advisory

21 committees established under section 135 of the

22 Trade Act of 1974 regarding the policy and nego23 tiating objectives and the legislative proposals de24 scribed in paragraph (1).
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1 SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IM2 PLEMENTATION AND REPORTS TO CON3 GRESS; REPROGRAMMING.

4 (a) COORDINATING OFFICIAL.—The President shall

5 designate a coordinating official who shall be responsible

6 for—

7 (1) implementing the strategy for distributing

8 assistance described in section 202(b);

9 (2) ensuring the speedy and efficient distribu10 tion of such assistance; and

11 (3) ensuring coordination among, and appro12 priate oversight by, the agencies of the United

13 States that provide assistance described in section

14 202(b), including resolving any disputes among such

15 agencies.

16 (b) UNITED STATES-CUBA COUNCIL.—Upon making

17 a determination under subsection (c)(3) that a democrat18 ically elected government in Cuba is in power, the Presi19 dent, after consultation with the coordinating official, is

20 authorized to designate a United States-Cuba council—

21 (1) to ensure coordination between the United

22 States Government and the private sector in re23 sponding to change in Cuba, and in promoting mar24 ket-based development in Cuba; and
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1 (2) to establish periodic meetings between rep2 resentatives of the United States and Cuban private

3 sectors for the purpose of facilitating bilateral trade.

4 (c) IMPLEMENTATION OF PLAN; REPORTS TO CON5 GRESS.—

6 (1) IMPLEMENTATION WITH RESPECT TO TRAN7 SITION GOVERNMENT.—Upon making a determina8 tion that a transition government in Cuba is in

9 power, the President shall transmit that determina10 tion to the appropriate congressional committees and

11 shall, subject to an authorization of appropriations

12 and subject to the availability of appropriations,

13 commence the delivery and distribution of assistance

14 to such transition government under the plan devel15 oped under section 202(b).

16 (2) REPORTS TO CONGRESS.—(A) The Presi17 dent shall transmit to the appropriate congressional

18 committees a report setting forth the strategy for

19 providing assistance described in section 202(b)(2)

20 (A) and (C) to the transition government in Cuba

21 under the plan of assistance developed under section

22 202(b), the types of such assistance, and the extent

23 to which such assistance has been distributed in ac24 cordance with the plan.
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1 (B) The President shall transmit the report not

2 later than 90 days after making the determination

3 referred to in paragraph (1), except that the Presi4 dent shall transmit the report in preliminary form

5 not later than 15 days after making that determina6 tion.

7 (3) IMPLEMENTATION WITH RESPECT TO

8 DEMOCRATICALLY ELECTED GOVERNMENT.—The

9 President shall, upon determining that a democrat10 ically elected government in Cuba is in power, sub11 mit that determination to the appropriate congres12 sional committees and shall, subject to an authoriza13 tion of appropriations and subject to the availability

14 of appropriations, commence the delivery and dis15 tribution of assistance to such democratically elected

16 government under the plan developed under section

17 202(b).

18 (4) ANNUAL REPORTS TO CONGRESS.—Not

19 later than 60 days after the end of each fiscal year,

20 the President shall transmit to the appropriate con21 gressional committees a report on the assistance

22 provided under the plan developed under section

23 202(b), including a description of each type of as24 sistance, the amounts expended for such assistance,
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1 and a description of the assistance to be provided

2 under the plan in the current fiscal year.

3 (d) REPROGRAMMING.—Any changes in the assist4 ance to be provided under the plan developed under sec5 tion 202(b) may not be made unless the President notifies

6 the appropriate congressional committees at least 15 days

7 in advance in accordance with the procedures applicable

8 to reprogramming notifications under section 634A of the

9 Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).

10 SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF

11 CUBA.

12 (a) PRESIDENTIAL ACTIONS.—Upon submitting a de13 termination to the appropriate congressional committees

14 under section 203(c)(1) that a transition government in

15 Cuba is in power, the President, after consulting with the

16 Congress, is authorized to take steps to suspend the eco17 nomic embargo of Cuba to the extent that such action con18 tributes to a stable foundation for a democratically elected

19 government in Cuba.

20 (b) SUSPENSION OF CERTAIN PROVISIONS OF

21 LAW.—In carrying out subsection (a), the President may

22 suspend the enforcement of—

23 (1) section 620(a) of the Foreign Assistance

24 Act of 1961 (22 U.S.C. 2370(a));
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1 (2) section 620(f) of the Foreign Assistance Act

2 of 1961 (22 U.S.C. 2370(f)) with regard to the ‘‘Re3 public of Cuba’’;

4 (3) sections 1704, 1705(d), and 1706 of the

5 Cuban Democracy Act (22 U.S.C. 6003, 6004(d),

6 6005);

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

8 1985; and

9 (5) the prohibitions on transactions described in

10 part 515 of title 31, Code of Federal Regulations.

11 (c) ADDITIONAL PRESIDENTIAL ACTIONS.—Upon

12 submitting a determination to the appropriate congres13 sional committees under section 203(c)(3) that a demo14 cratically elected government in Cuba is in power, the

15 President shall take steps to terminate the economic em16 bargo of Cuba.

17 (d) CONFORMING AMENDMENTS.—On the date on

18 which the President submits a determination under sec19 tion 203(c)(3)—

20 (1) section 620(a) of the Foreign Assistance

21 Act of 1961 (22 U.S.C. 2370(a)) is repealed;

22 (2) section 620(f) of the Foreign Assistance Act

23 of 1961 (22 U.S.C. 2370(f)) is amended by striking

24 ‘‘Republic of Cuba’’;
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1 (3) sections 1704, 1705(d), and 1706 of the

2 Cuban Democracy Act of 1992 (22 U.S.C. 6003,

3 6004(d), and 6005) are repealed; and

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

5 1985 is repealed.

6 (e) REVIEW OF SUSPENSION OF ECONOMIC EMBAR7 GO.—

8 (1) REVIEW.—If the President takes action

9 under subsection (a) to suspend the economic em10 bargo of Cuba, the President shall immediately so

11 notify the Congress. The President shall report to

12 the Congress no less frequently than every 6 months

13 thereafter, until he submits a determination under

14 section 203(c)(3) that a democratically elected gov15 ernment in Cuba is in power, on the progress being

16 made by Cuba toward the establishment of such a

17 democratically elected government. The action of the

18 President under subsection (a) shall cease to be ef19 fective upon the enactment of a joint resolution de20 scribed in paragraph (2).

21 (2) JOINT RESOLUTIONS.—For purposes of this

22 subsection, the term ‘‘joint resolution’’ means only a

23 joint resolution of the 2 Houses of Congress, the

24 matter after the resolving clause of which is as fol25 lows: ‘‘That the Congress disapproves the action of
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1 the President under section 204(a) of the Cuban

2 Liberty and Democratic Solidarity (LIBERTAD)

3 Act of 1995 to suspend the economic embargo of

4 Cuba, notice of which was submitted to the Congress

5 on ll.’’, with the blank space being filled with the

6 appropriate date.

7 (3) REFERRAL TO COMMITTEES.—Joint resolu8 tions introduced in the House of Representatives

9 shall be referred to the Committee on International

10 Relations and joint resolutions introduced in the

11 Senate shall be referred to the Committee on For12 eign Relations.

13 (4) PROCEDURES.—(A) Any joint resolution

14 shall be considered in the Senate in accordance with

15 the provisions of section 601(b) of the International

16 Security Assistance and Arms Export Control Act of

17 1976.

18 (B) For the purpose of expediting the consider19 ation and enactment of joint resolutions, a motion to

20 proceed to the consideration of any joint resolution

21 after it has been reported by the appropriate com22 mittee shall be treated as highly privileged in the

23 House of Representatives.

24 (C) Not more than 1 joint resolution may be

25 considered in the House of Representatives and the
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1 Senate in the 6-month period beginning on the date

2 on which the President notifies the Congress under

3 paragraph (1) of the action taken under subsection

4 (a), and in each 6-month period thereafter.

5 SEC. 205. REQUIREMENTS FOR A TRANSITION GOVERN6 MENT.

7 For purposes of this Act, a transition government in

8 Cuba is a government in Cuba which—

9 (1) is demonstrably in transition from com10 munist totalitarian dictatorship to representative de11 mocracy;

12 (2) has recognized the right to independent po13 litical activity and association;

14 (3) has released all political prisoners and al15 lowed for investigations of Cuban prisons by appro16 priate international human rights organizations;

17 (4) has ceased any interference with Radio or

18 Television Marti broadcasts;

19 (5) makes public commitments to and is mak20 ing demonstrable progress in—

21 (A) establishing an independent judiciary;

22 (B) dissolving the present Department of

23 State Security in the Cuban Ministry of the In24 terior, including the Committees for the De-
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1 fense of the Revolution and the Rapid Response

2 Brigades;

3 (C) respecting internationally recognized

4 human rights and basic freedoms as set forth in

5 the Universal Declaration of Human Rights, to

6 which Cuba is a signatory nation;

7 (D) effectively guaranteeing the rights of

8 free speech and freedom of the press;

9 (E) organizing free and fair elections for a

10 new government—

11 (i) to be held in a timely manner with12 in a period not to exceed 1 year after the

13 transition government assumes power;

14 (ii) with the participation of multiple

15 independent political parties that have full

16 access to the media on an equal basis, in17 cluding (in the case of radio, television, or

18 other telecommunications media) in terms

19 of allotments of time for such access and

20 the times of day such allotments are given;

21 and

22 (iii) to be conducted under the super23 vision of internationally recognized observ24 ers, such as the Organization of American
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1 States, the United Nations, and other elec2 tions monitors;

3 (F) assuring the right to private property;

4 (G) taking appropriate steps to return to

5 United States citizens (and entities which are

6 50 percent or more beneficially owned by Unit7 ed States citizens) property taken by the Cuban

8 Government from such citizens and entities on

9 or after January 1, 1959, or to provide equi10 table compensation to such citizens and entities

11 for such property;

12 (H) granting permits to privately owned

13 telecommunications and media companies to op14 erate in Cuba; and

15 (I) allowing the establishment of independ16 ent trade unions as set forth in conventions 87

17 and 98 of the International Labor Organiza18 tion, and allowing the establishment of inde19 pendent social, economic, and political associa20 tions;

21 (6) does not include Fidel Castro or Raul Cas22 tro;

23 (7) has given adequate assurances that it will

24 allow the speedy and efficient distribution of assist25 ance to the Cuban people;
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1 (8) permits the deployment throughout Cuba of

2 independent and unfettered international human

3 rights monitors; and

4 (9) has extradited or otherwise rendered to the

5 United States all persons sought by the United

6 States Department of Justice for crimes committed

7 in the United States.

8 SEC. 206. REQUIREMENTS FOR A DEMOCRATICALLY ELECT9 ED GOVERNMENT.

10 For purposes of this Act, a democratically elected

11 government in Cuba, in addition to continuing to comply

12 with the requirements of section 205, is a government in

13 Cuba which—

14 (1) results from free and fair elections con15 ducted under the supervision of internationally rec16 ognized observers;

17 (2) has permitted opposition parties ample time

18 to organize and campaign for such elections, and has

19 permitted full access to the media to all candidates

20 in the elections;

21 (3) is showing respect for the basic civil lib22 erties and human rights of the citizens of Cuba;

23 (4) has made demonstrable progress in estab24 lishing an independent judiciary;
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1 (5) is substantially moving toward a market-ori2 ented economic system;

3 (6) is committed to making constitutional

4 changes that would ensure regular free and fair elec5 tions that meet the requirements of paragraph (2);

6 and

7 (7) has made demonstrable progress in return8 ing to United States citizens (and entities which are

9 50 percent or more beneficially owned by United

10 States citizens) property taken by the Cuban Gov11 ernment from such citizens and entities on or after

12 January 1, 1959, or providing full compensation for

13 such property in accordance with international law

14 standards and practice.

15 TITLE III—PROTECTION OF

16 PROPERTY RIGHTS OF

17 UNITED STATES NATIONALS

18 AGAINST CONFISCATORY

19 TAKINGS BY THE CASTRO RE20 GIME

21 SEC. 301. STATEMENT OF POLICY.

22 The Congress makes the following findings:

23 (1) The right of individuals to hold and enjoy

24 property is a fundamental right recognized by the

25 United States Constitution and international human
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1 rights law, including the Universal Declaration of

2 Human Rights.

3 (2) The illegal confiscation or taking of prop4 erty by governments, and the acquiescence of gov5 ernments in the confiscation of property by their

6 citizens, undermines the comity among nations, the

7 free flow of commerce, and economic development.

8 (3) It is in the interest of all nations to respect

9 equally the property rights of their citizens and na10 tionals of other countries.

11 (4) Nations that provide an effective mecha12 nism for prompt, adequate, and fair compensation

13 for the confiscation of private property will continue

14 to have the support of the United States.

15 (5) The United States Government has an obli16 gation to its citizens to provide protection against il17 legal confiscation by foreign nations and their citi18 zens, including the provision of private remedies.

19 (6) Nations that illegally confiscate private

20 property should not be immune to another nation’s

21 laws whose purpose is to protect against the

22 confiscation of lawfully acquired property by its citi23 zens.

24 (7) Trafficking in illegally acquired property is

25 a crime under the laws of the United States and
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1 other nations, yet this same activity is allowed under

2 international law.

3 (8) International law, by not providing effective

4 remedies, condones the illegal confiscation of prop5 erty and allows for the unjust enrichment from the

6 use of confiscated property by governments and pri7 vate entities at the expense of those who hold legal

8 claim to the property.

9 (9) The development of an international mecha10 nism sanctioning those governments and private en11 tities that confiscate and unjustly use private prop12 erty so confiscated should be a priority objective of

13 United States foreign policy.

14 SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CON15 FISCATED FROM UNITED STATES NATIONALS.

16 (a) CIVIL REMEDY.—

17 (1) LIABILITY FOR TRAFFICKING.—(A) Except

18 as provided in paragraphs (3) and (4), any person,

19 including any agency or instrumentality of a foreign

20 state in the conduct of a commercial activity, that,

21 after the end of the 6-month period beginning on the

22 date of the enactment of this Act, traffics in con23 fiscated property shall be liable to any United States

24 national who owns the claim to such property for

25 money damages in an amount equal to the sum of—
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1 (i) the amount which is the greater of—

2 (I) the amount, if any, certified to the

3 claimant by the Foreign Claims Settlement

4 Commission under the International

5 Claims Settlement Act of 1949, plus inter6 est;

7 (II) the amount determined under sec8 tion 303(a)(2), plus interest; or

9 (III) the fair market value of that

10 property, calculated as being the then cur11 rent value of the property, or the value of

12 the property when confiscated plus inter13 est, whichever is greater; and

14 (ii) reasonable costs and attorneys’ fees.

15 (B) Interest under subparagraph (A)(i) shall be

16 at the rate set forth in section 1961 of title 28,

17 United States Code, computed by the court from the

18 date of the confiscation of the property involved to

19 the date on which the action is brought under this

20 subsection.

21 (2) PRESUMPTION IN FAVOR OF CERTIFIED

22 CLAIMS.—There shall be a presumption that the

23 amount for which a person, including any agency or

24 instrumentality of a foreign state in the conduct of

25 a commercial activity, is liable under clause (i) of
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1 paragraph (1)(A) is the amount that is certified

2 under subclause (I) of that clause. The presumption

3 shall be rebuttable by clear and convincing evidence

4 that the amount described in subclause (II) or (III)

5 of that clause is the appropriate amount of liability

6 under that clause.

7 (3) INCREASED LIABILITY FOR PRIOR NO8 TICE.—Except as provided in paragraph (4), any

9 person, including any agency or instrumentality of a

10 foreign state in the conduct of a commercial activity,

11 that traffics in confiscated property after having re12 ceived—

13 (A) notice of a claim to ownership of the

14 property by a United States national who owns

15 a claim to the confiscated property, and

16 (B) notice of the provisions of this section,

17 shall be liable to that United States national for

18 money damages in an amount which is the sum of

19 the amount equal to the amount determined under

20 paragraph (1)(A)(ii) plus triple the amount deter21 mined applicable under subclause (I), (II), or (III)

22 of paragraph (1)(A)(i).

23 (4) APPLICABILITY.—(A) Except as otherwise

24 provided in this paragraph, actions may be brought

25 under paragraph (1) with respect to property con-
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1 fiscated before, on, or after the date of the enact2 ment of this Act.

3 (B) In the case of property confiscated before

4 the date of the enactment of this Act, no United

5 States national may bring an action under this sec6 tion unless such national acquired ownership of the

7 claim to the confiscated property before such date.

8 (C) In the case of property confiscated on or

9 after the date of the enactment of this Act, no Unit10 ed States national who acquired ownership of a

11 claim to confiscated property by assignment for

12 value after such date of enactment may bring an ac13 tion on the claim under this section.

14 (5) TREATMENT OF CERTAIN ACTIONS.—(A) In

15 the case of any action brought under this section by

16 a United States national who was eligible to file the

17 underlying claim in the action with the Foreign

18 Claims Settlement Commission under title V of the

19 International Claims Settlement Act of 1949 but did

20 not so file the claim, the court may hear the case

21 only if the court determines that the United States

22 national had good cause for not filing the claim.

23 (B) In the case of any action brought under

24 this section by a United States national whose claim

25 in the action was timely filed with the Foreign
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1 Claims Settlement Commission under title V of the

2 International Claims Settlement Act of 1949 but

3 was denied by the Commission, the court may assess

4 the basis for the denial and may accept the findings

5 of the Commission on the claim as conclusive in the

6 action under this section unless good cause justifies

7 another result.

8 (6) INAPPLICABILITY OF ACT OF STATE DOC9 TRINE.—No court of the United States shall decline,

10 based upon the act of state doctrine, to make a de11 termination on the merits in an action brought

12 under paragraph (1).

13 (b) DEFINITION.—As used in this subsection, the

14 term ‘‘agency or instrumentality of a foreign state’’ has

15 the meaning given that term in section 1603(b) of title

16 28, United States Code.

17 (c) JURISDICTION.—

18 (1) IN GENERAL.—Chapter 85 of title 28, Unit19 ed States Code, is amended by inserting after sec20 tion 1331 the following new section:

21 ‘‘§ 1331a. Civil actions involving confiscated property

22 ‘‘The district courts shall have exclusive jurisdiction

23 of any action brought under section 302 of the Cuban Lib24 erty and Democratic Solidarity (LIBERTAD) Act of

25 1995, regardless of the amount in controversy.’’.
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1 (2) CONFORMING AMENDMENT.—The table of

2 sections for chapter 85 of title 28, United States

3 Code, is amended by inserting after the item relating

4 to section 1331 the following:

‘‘1331a. Civil actions involving confiscated property.’’.

5 (d) CERTAIN PROPERTY IMMUNE FROM EXECU6 TION.—Section 1611 of title 28, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(c) Notwithstanding the provisions of section 1610

9 of this chapter, the property of a foreign state shall be

10 immune from attachment and from execution in an action

11 brought under section 302 of the Cuban Liberty and

12 Democratic Solidarity (LIBERTAD) Act of 1995 to the

13 extent the property is a facility or installation used by an

14 accredited diplomatic mission for official purposes.’’.

15 (e) ELECTION OF REMEDIES.—

16 (1) ELECTION.—Subject to paragraph (2)—

17 (A) any United States national that brings

18 an action under this section may not bring any

19 other civil action or proceeding under the com20 mon law, Federal law, or the law of any of the

21 several States, the District of Columbia, or any

22 territory or possession of the United States,

23 that seeks monetary or nonmonetary compensa24 tion by reason of the same subject matter; and
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1 (B) any person who brings, under the com2 mon law or any provision of law other than this

3 section, a civil action or proceeding for mone4 tary or nonmonetary compensation arising out

5 of a claim for which an action would otherwise

6 be cognizable under this section may not bring

7 an action under this section on that claim.

8 (2) TREATMENT OF CERTIFIED CLAIMANTS.—

9 In the case of any United States national that

10 brings an action under this section based on a claim

11 certified under title V of the International Claims

12 Settlement Act of 1949—

13 (A) if the recovery in the action is equal to

14 or greater than the amount of the certified

15 claim, the United States national may not re16 ceive payment on the claim under any agree17 ment entered into between the United States

18 and Cuba settling claims covered by such title,

19 and such national shall be deemed to have dis20 charged the United States from any further re21 sponsibility to represent the United States na22 tional with respect to that claim;

23 (B) if the recovery in the action is less

24 than the amount of the certified claim, the

25 United States national may receive payment
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1 under a claims agreement described in subpara2 graph (A) but only to the extent of the dif3 ference between the amount of the recovery and

4 the amount of the certified claim; and

5 (C) if there is no recovery in the action,

6 the United States national may receive payment

7 on the certified claim under a claims agreement

8 described in subparagraph (A) to the same ex9 tent as any certified claimant who does not

10 bring an action under this section.

11 (f) DEPOSIT OF EXCESS PAYMENTS BY CUBA UNDER

12 CLAIMS AGREEMENT.—Any amounts paid by Cuba under

13 any agreement entered into between the United States and

14 Cuba settling certified claims under title V of the Inter15 national Claims Settlement Act of 1949 that are in excess

16 of the payments made on such certified claims after the

17 application of subsection (e) shall be deposited into the

18 United States Treasury.

19 (g) TERMINATION OF RIGHTS.—

20 (1) IN GENERAL.—All rights created under this

21 section to bring an action for money damages with

22 respect to property confiscated before the date of the

23 enactment of this Act shall cease upon the transmit24 tal to the Congress of a determination of the Presi25 dent under section 203(c)(3).
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1 (2) PENDING SUITS.—The termination of rights

2 under paragraph (1) shall not affect suits com3 menced before the date of such termination, and in

4 all such suits, proceedings shall be had, appeals

5 taken, and judgments rendered in the same manner

6 and with the same effect as if this subsection had

7 not been enacted.

8 SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED

9 PROPERTY.

10 (a) EVIDENCE OF OWNERSHIP.—

11 (1) CONCLUSIVENESS OF CERTIFIED CLAIMS.—

12 In any action brought under this title, the courts

13 shall accept as conclusive proof of ownership a cer14 tification of a claim to ownership that has been

15 made by the Foreign Claims Settlement Commission

16 pursuant to title V of the International Claims Set17 tlement Act of 1949 (22 U.S.C. 1643 and following).

18 (2) CLAIMS NOT CERTIFIED.—In the case of a

19 claim that has not been certified by the Foreign

20 Claims Settlement Commission before the enactment

21 of this Act, a court may appoint a special master,

22 including the Foreign Claims Settlement Commis23 sion, to make determinations regarding the amount

24 and validity of claims to ownership of confiscated

25 property. Such determinations are only for evi-
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1 dentiary purposes in civil actions brought under this

2 title and do not constitute certifications pursuant to

3 title V of the International Claims Settlement Act of

4 1949.

5 (3) EFFECT OF DETERMINATIONS OF FOREIGN

6 ENTITIES.—In determining ownership, courts shall

7 not accept as conclusive evidence of ownership any

8 findings, orders, judgments, or decrees from admin9 istrative agencies or courts of foreign countries or

10 international organizations that invalidate the claim

11 held by a United States national, unless the invali12 dation was found pursuant to binding international

13 arbitration to which United States national submit14 ted the claim.

15 (b) AMENDMENT OF THE INTERNATIONAL CLAIMS

16 SETTLEMENT ACT OF 1949.—Title V of the International

17 Claims Settlement Act of 1949 (22 U.S.C. 1643 and fol18 lowing) is amended by adding at the end the following new

19 section:

20 ‘‘EVALUATION OF OWNERSHIP CLAIMS REFERRED BY

21 DISTRICT COURTS OF THE UNITED STATES

22 ‘‘SEC. 514. Notwithstanding any other provision of

23 this title and only for purposes of section 302 of the

24 Cuban Liberty and Solidarity (LIBERTAD) Act, a United

25 States district court, for fact-finding purposes, may refer

26 to the Commission, and the Commission may determine,
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1 questions of the amount and ownership of a claim by a

2 United States national (as defined in section 4 of the

3 Cuban Liberty and Solidarity (LIBERTAD) Act) result4 ing from the confiscation of property by the Government

5 of Cuba described in section 503(a), whether or not the

6 United States national qualified as a national of the

7 United States (as defined in section 502(1)) at the time

8 of the action by the Government of Cuba.’’.

9 (c) RULE OF CONSTRUCTION.—Nothing in this Act

10 or section 514 of the International Claims Settlement Act

11 of 1949, as added by subsection (b), shall be construed—

12 (1) to require or otherwise authorize the claims

13 of Cuban nationals who became United States citi14 zens after their property was confiscated to be in15 cluded in the claims certified to the Secretary of

16 State by the Foreign Claims Settlement Commission

17 for purposes of future negotiation and espousal of

18 claims with a friendly government in Cuba when dip19 lomatic relations are restored; or

20 (2) as superseding, amending, or otherwise al21 tering certifications that have been made pursuant

22 to title V of the International Claims Settlement Act

23 of 1949 before the enactment of this Act.
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1 SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT

2 COMMISSION CERTIFICATION PROCEDURE.

3 Title V of the International Claims Settlement Act

4 of 1949 (22 U.S.C. 1643 and following), as amended by

5 section 303, is further amended by adding at the end the

6 following new section:

7 ‘‘EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT

8 COMMISSION CERTIFICATION PROCEDURE

9 ‘‘SEC. 515. (a) Subject to subsection (b), neither any

10 national of the United States who was eligible to file a

11 claim under section 503 but did not timely file such claim

12 under that section, nor any national of the United States

13 (on the date of the enactment of this section) who was

14 not eligible to file a claim under that section, nor any na15 tional of Cuba, including any agency, instrumentality, sub16 division, or enterprise of the Government of Cuba or any

17 local government of Cuba in place on the date of the enact18 ment of this section, nor any successor thereto, whether

19 or not recognized by the United States, shall have a claim

20 to, participate in, or otherwise have an interest in, the

21 compensation proceeds or other nonmonetary compensa22 tion paid or allocated to a national of the United States

23 by virtue of a claim certified by the Commission under

24 section 507, nor shall any court of the United States or

25 any State court have jurisdiction to adjudicate any such

26 claim.
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1 ‘‘(b) Nothing in subsection (a) shall be construed to

2 detract from or otherwise affect any rights in the shares

3 of the capital stock of nationals of the United States own4 ing claims certified by the Commission under section

5 507.’’.

6 TITLE IV—EXCLUSION OF

7 CERTAIN ALIENS

8 SEC. 401. EXCLUSION FROM THE UNITED STATES OF

9 ALIENS WHO HAVE CONFISCATED PROPERTY

10 OF UNITED STATES NATIONALS OR WHO

11 TRAFFIC IN SUCH PROPERTY.

12 (a) GROUNDS FOR EXCLUSION.—The Secretary of

13 State, in consultation with the Attorney General, shall ex14 clude from the United States any alien who the Secretary

15 of State determines is a person who—

16 (1) has confiscated, or has directed or overseen

17 the confiscation of, property a claim to which is

18 owned by a United States national, or converts or

19 has converted for personal gain confiscated property,

20 a claim to which is owned by a United States na21 tional;

22 (2) traffics in confiscated property, a claim to

23 which is owned by a United States national;

24 (3) is a corporate officer, principal, or share25 holder with a controlling interest of an entity which
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1 has been involved in the confiscation of property or

2 trafficking in confiscated property, a claim to which

3 is owned by a United States national; or

4 (4) is a spouse, minor child, or agent of a per5 son excludable under paragraph (1), (2), or (3).

6 (b) DEFINITIONS.—As used in this section, the fol7 lowing terms have the following meanings:

8 (1) CONFISCATED; CONFISCATION.—The terms

9 ‘‘confiscated’’ and ‘‘confiscation’’ refer to—

10 (A) the nationalization, expropriation, or

11 other seizure by foreign governmental authority

12 of ownership or control of property on or after

13 January 1, 1959—

14 (i) without the property having been

15 returned or adequate and effective com16 pensation provided; or

17 (ii) without the claim to the property

18 having been settled pursuant to an inter19 national claims settlement agreement or

20 other mutually accepted settlement proce21 dure; and

22 (B) the repudiation by foreign govern23 mental authority of, the default by foreign gov24 ernmental authority on, or the failure by for-
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1 eign governmental authority to pay, on or after

2 January 1, 1959—

3 (i) a debt of any enterprise which has

4 been nationalized, expropriated, or other5 wise taken by foreign governmental author6 ity;

7 (ii) a debt which is a charge on prop8 erty nationalized, expropriated, or other9 wise taken by foreign governmental author10 ity; or

11 (iii) a debt which was incurred by for12 eign governmental authority in satisfaction

13 or settlement of a confiscated property

14 claim.

15 (2) PROPERTY.—The term ‘‘property’’ does not

16 include claims arising from a territory in dispute as

17 a result of war between United Nations member

18 states in which the ultimate resolution of the dis19 puted territory has not been resolved.

20 (3) TRAFFICS.—(A) A person or entity ‘‘traf21 fics’’ in property if that person or entity knowingly

22 and intentionally—

23 (i) sells, transfers, distributes, dispenses,

24 brokers, manages, or otherwise disposes of con25 fiscated property, or purchases, leases, receives,
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1 possesses, obtains control of, manages, uses, or

2 otherwise acquires or holds an interest in con3 fiscated property,

4 (ii) engages in a commercial activity using

5 or otherwise benefiting from confiscated prop6 erty, or

7 (iii) causes, directs, participates in, or

8 profits from, trafficking (as described in clauses

9 (i) and (ii)) by another person, or otherwise en10 gages in trafficking (as described in clauses (i)

11 and (ii)) through another person,

12 without the authorization of the United States na13 tional who holds a claim to the property.

14 (B) The term ‘‘traffics’’ does not include—

15 (i) the delivery of international tele16 communication signals to Cuba that are author17 ized by section 1705(e) of the Cuban Democ18 racy Act of 1992 (22 U.S.C. 6004(e)); or

19 (ii) the trading or holding of securities

20 publicly traded or held, unless the trading is

21 with or by a person determined by the Sec22 retary of the Treasury to be a specially des23 ignated national.

24 (c) NATIONAL INTEREST EXEMPTION.—This section

25 shall not apply where the Secretary of State finds, on a
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1 case-by-case basis, that making a determination under

2 subsection (a) would be contrary to the national interest

3 of the United States.

4 (d) EFFECTIVE DATE.—

5 (1) IN GENERAL.—This section applies to aliens

6 seeking to enter the United States on or after the

7 date of the enactment of this Act.

8 (2) TRAFFICKING.—This section applies only

9 with respect to acts within the meaning of ‘‘traffics’’

10 that occur on or after the date of the enactment of

11 this Act.

Æ

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