```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 381 Referred to Committee Senate (RTS)]

104th CONGRESS
  1st Session
                                 S. 381

To strengthen international sanctions against the Castro government in 
Cuba, to develop a plan to support a transition government leading to a 
   democratically elected government in Cuba, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             February 9 (legislative day, January 30), 1995

Mr. Helms (for himself, Mr. Dole, Mr. Mack, Mr. Coverdell, Mr. Graham, 
  Mr. D'Amato, Mr. Hatch, Mr. Gramm, Mr. Thurmond, Mr. Faircloth, Mr. 
 Gregg, Mr. Inhofe, Mr. Hollings, Ms. Snowe, Mr. Kyl, Mr. Thomas, and 
  Mr. Smith) introduced the following bill; which was read twice and 
 ordered held at the desk until the close of business February 10, 1995

            February 10 (legislative day, January 30), 1995

             Referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To strengthen international sanctions against the Castro government in 
Cuba, to develop a plan to support a transition government leading to a 
   democratically elected government in Cuba, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
   TITLE I--STRENGTHENING INTERNATIONAL 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 Cuba.
Sec. 104. United States opposition to Cuban membership in international 
                            financial institutions.
Sec. 105. United States opposition to readmission of the Government of 
                            Cuba to the Organization of American 
                            States.
Sec. 106. Assistance by the independent states of the former Soviet 
                            Union for the Government of Cuba.
Sec. 107. Television broadcasting to Cuba.
Sec. 108. Reports on commerce with, and assistance to, Cuba from other 
                            foreign countries.
Sec. 109. Importation sanction against certain Cuban trading partners.
           TITLE II--SUPPORT FOR A FREE AND INDEPENDENT CUBA

Sec. 201. Policy toward a transition government and a democratically 
                            elected government in Cuba.
Sec. 202. Authorization of assistance for the Cuban people.
Sec. 203. Implementation; reports to Congress.
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 AMERICAN PROPERTY RIGHTS ABROAD

Sec. 301. Exclusion from the United States of aliens who have 
                            confiscated property claimed by United 
                            States persons.
Sec. 302. Liability for trafficking in confiscated property claimed by 
                            United States persons.
Sec. 303. Determination of claims to confiscated property.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The economy of Cuba has experienced a decline of 
        approximately 60 percent in the last 5 years as a result of--
                    (A) the reduction in its subsidization by the 
                former Soviet Union;
                    (B) 36 years of Communist tyranny and economic 
                mismanagement by the Castro government;
                    (C) the precipitous decline in trade between Cuba 
                and the countries of the former Soviet bloc; and
                    (D) the policy of the Russian Government and the 
                countries of the former Soviet bloc to conduct economic 
                relations with Cuba predominantly on commercial terms.
            (2) At the same time, the welfare and health of the Cuban 
        people have substantially deteriorated as a result of Cuba's 
        economic decline and the refusal of the Castro regime to permit 
        free and fair democratic elections in Cuba or to adopt any 
        economic or political reforms that would lead to democracy, a 
        market economy, or an economic recovery.
            (3) The repression of the Cuban people, including a ban on 
        free and fair democratic elections and the continuing violation 
        of fundamental human rights, has isolated the Cuban regime as 
        the only nondemocratic government in the Western Hemisphere.
            (4) As long as no such economic or political reforms are 
        adopted by the Cuban government, the economic condition of the 
        country and the welfare of the Cuban people will not improve in 
        any significant way.
            (5) Fidel Castro has defined democratic pluralism as 
        ``pluralistic garbage'' and has made clear that he has no 
        intention of permitting free and fair democratic elections in 
        Cuba or otherwise tolerating the democratization of Cuban 
        society.
            (6) The Castro government, in an attempt to retain absolute 
        political power, continues to utilize, as it has from its 
        inception, torture in various forms (including psychiatric 
        abuse), execution, exile, confiscation, political imprisonment, 
        and other forms of terror and repression as most recently 
        demonstrated by the massacre of more than 70 Cuban men, women, 
        and children attempting to flee Cuba.
            (7) The Castro government holds hostage in Cuba innocent 
        Cubans whose relatives have escaped the country.
            (8) The Castro government has threatened international 
        peace and security by engaging in acts of armed subversion and 
        terrorism, such as the training and arming of groups dedicated 
        to international violence.
            (9) The Government of Cuba engages in illegal international 
        narcotics trade and harbors fugitives from justice in the 
        United States.
            (10) The totalitarian nature of the Castro regime has 
        deprived the Cuban people of any peaceful means to improve 
        their condition and has led thousands of Cuban citizens to risk 
        or lose their lives in dangerous attempts to escape from Cuba 
        to freedom.
            (11) Attempts to escape from Cuba and courageous acts of 
        defiance of the Castro regime by Cuban pro-democracy and human 
        rights groups have ensured the international community's 
        continued awareness of, and concern for, the plight of Cuba.
            (12) The Cuban people deserve to be assisted in a decisive 
        manner in order to end the tyranny that has oppressed them for 
        36 years.
            (13) Radio Marti and Television Marti have both been 
        effective vehicles for providing the people of Cuba with news 
        and information and have helped to bolster the morale of the 
        Cubans living under tyranny.
            (14) The consistent policy of the United States towards 
        Cuba since the beginning of the Castro regime, carried out by 
        both Democratic and Republican administrations, has sought to 
        keep faith with the people of Cuba, and has been effective in 
        isolating the totalitarian Castro regime.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to strengthen international sanctions against the 
        Castro government;
            (2) to encourage the holding of free and fair democratic 
        elections in Cuba, conducted under the supervision of 
        internationally recognized observers;
            (3) to provide a policy framework for United States support 
        to the Cuban people in response to the formation of a 
        transition government or a democratically elected government in 
        Cuba; and
            (4) to protect the rights of United States persons who own 
        claims to confiscated property abroad.

SEC. 4. DEFINITIONS.

    As used in this Act--
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations and the Committee on Appropriations of 
        the House of Representatives and the Committee on Foreign 
        Relations and the Committee on Appropriations of the Senate.
            (2) Confiscated.--The term ``confiscated'' refers to the 
        nationalization, expropriation, or other seizure of ownership 
        or control of property by governmental authority--
                    (A) without adequate and effective compensation or 
                in violation of the law of the place where the property 
                was situated when the confiscation occurred; and
                    (B) without the claim to the property having been 
                settled pursuant to an international claims settlement 
                agreement.
            (3) Cuban government.--The term ``Cuban government'' 
        includes the government of any political subdivision, agency, 
        or instrumentality of the Government of Cuba.
            (4) Democratically elected government in cuba.--The term 
        ``democratically elected government in Cuba'' means a 
        government described in section 206.
            (5) Economic embargo of cuba.--The term ``economic embargo 
        of Cuba'' refers to the economic embargo imposed against Cuba 
        pursuant to section 620(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading With the 
        Enemy Act (50 U.S.C. App. 5(b)), the International Emergency 
        Economic Powers Act, and the Export Administration Act of 1979.
            (6) Property.--The term ``property'' means--
                    (A) any property, right, or interest, including any 
                leasehold interest,
                    (B) debts owed by a foreign government or by any 
                enterprise which has been confiscated by a foreign 
                government; and
                    (C) debts which are a charge on property 
                confiscated by a foreign government.
            (7) Traffics.--The term ``traffics'' means selling, 
        transfering, distributing, dispensing, or otherwise disposing 
        of property, or purchasing, receiving, possessing, obtaining 
        control of, managing, or using property.
            (8) Transition government in cuba.--The term ``transition 
        government in Cuba'' means a government described in section 
        205.
            (9) United states person.--The term ``United States 
        person'' means--
                    (A) any United States citizen, including, in the 
                context of claims to confiscated property, any person 
                who becomes a United States citizen after the property 
                was confiscated but before final resolution of the 
claim to that property;
                    and
                    (B) any corporation, trust, partnership, or other 
                juridical entity 50 percent or more beneficially owned 
                by United States citizens.

   TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

SEC. 101. STATEMENT OF POLICY.

    It is the sense of the Congress that--
            (1) the acts of the Castro government, including its 
        massive, systematic, and extraordinary violations of human 
        rights, are a threat to international peace;
            (2) the President should advocate, and should instruct the 
        United States Permanent Representative to the United Nations to 
        propose and seek within the Security Council a mandatory 
        international embargo against the totalitarian government of 
        Cuba pursuant to chapter VII of the Charter of the United 
        Nations, which is similar to consultations conducted by United 
        States representatives with respect to Haiti; and
            (3) any resumption of efforts by any independent state of 
        the former Soviet Union to make operational the nuclear 
        facility at Cienfuegos, Cuba, will have a detrimental impact on 
        United States assistance to such state.

SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

    (a) Policy.--(1) The Congress hereby reaffirms section 1704(a) of 
the Cuban Democracy Act of 1992, which states the President should 
encourage foreign countries to restrict trade and credit relations with 
Cuba.
    (2) The Congress further urges the President to take immediate 
steps to apply the sanctions described in section 1704(b)(1) of such 
Act against countries assisting Cuba.
    (b) Diplomatic Efforts.--The Secretary of State should ensure that 
United States diplomatic personnel abroad understand and, in their 
contacts with foreign officials are--
            (1) communicating the reasons for the United States 
        economic embargo of Cuba; and
            (2) urging foreign governments to cooperate more 
        effectively with the embargo.
    (c) Existing Regulations.--The President shall instruct the 
Secretary of the Treasury and the Attorney General to enforce fully the 
Cuban Assets Control Regulations in part 515 of title 31, Code of 
Federal Regulations.
    (d) Violations of Restrictions on Travel to Cuba.--The penalties 
provided for in section 16 of the Trading with the Enemy Act (50 U.S.C. 
App. 16) shall apply to all violations of the Cuban Assets Control 
Regulations (part 515 of title 31, Code of Federal Regulations) 
involving transactions incident to travel to and within Cuba, 
notwithstanding section 16(b)(2) (the first place it appears) and 
section 16(b) (3) and (4) of such Act.

SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.

    (a) Prohibition.--Effective upon the date of enactment of this Act, 
it is unlawful for any United States person, including any officer, 
director, or agent thereof and including any officer or employee of a 
United States agency, knowingly to extend any loan, credit, or other 
financing to a foreign person that traffics in any property confiscated 
by the Cuban government the claim to which is owned by a United States 
person.
    (b) Termination of Prohibition.--The prohibition of subsection (a) 
shall cease to apply on the date of termination of the economic embargo 
of Cuba.
    (c) Penalties.--Violations of subsection (a) shall be punishable by 
the same penalties as are applicable to similar violations of the Cuban 
Assets Control Regulations in part 515 of title 31, Code of Federal 
Regulations.
    (d) Definitions.--As used in this section--
            (1) the term ``foreign person'' means (A) an alien, and (B) 
        any corporation, trust, partnership, or other juridical entity 
        that is not 50 percent or more beneficially owned by United 
        States citizens; and
            (2) the term ``United States agency'' has the same meaning 
        given to the term ``agency'' in section 551(1) of title 5, 
        United States Code.

SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN INTERNATIONAL 
              FINANCIAL INSTITUTIONS.

    (a) Continued Opposition to Cuban Membership in International 
Financial Institutions.--(1) Except as provided in paragraph (2), the 
Secretary of the Treasury shall instruct the United States executive 
director of each international financial institution to vote against 
the admission of Cuba as a member of such institution until Cuba holds 
free and fair, democratic elections, conducted under the supervision of 
internationally recognized observers.
    (2) During the period that a transition government in Cuba is in 
power, the President shall take steps to support the processing of 
Cuba's application for membership in any international financial 
institution, subject to the membership taking effect after a 
democratically elected government in Cuba is in power.
    (b) Reduction in United States Payments to International Financial 
Institutions.--If any international financial institution approves a 
loan or other assistance to Cuba over the opposition of the United 
States, then the Secretary of the Treasury shall withhold from payment 
to such institution an amount equal to the amount of the loan or other 
assistance, with respect to each of the following types of payment:
            (1) The paid-in portion of the increase in capital stock of 
        the institution.
            (2) The callable portion of the increase in capital stock 
        of the institution.
    (c) Definition.--For purposes of this section, the term 
``international financial institution'' means the International 
Monetary Fund, the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Finance Corporation, the Multilateral Investment Guaranty 
Agency, and the Inter-American Development Bank.

SEC. 105. UNITED STATES OPPOSITION TO READMISSION OF THE GOVERNMENT OF 
              CUBA TO THE ORGANIZATION OF AMERICAN STATES.

    The President should instruct the United States Permanent 
Representative to the Organization of American States to vote against 
the readmission of the Government of Cuba to membership in the 
Organization until the President determines under section 203(c) that a 
democratically elected government in Cuba is in power.

SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET 
              UNION OF THE GOVERNMENT OF CUBA.

    (a) Reporting Requirement.--Not later than 90 days after the date 
of enactment of this Act, the President shall submit to the appropriate 
congressional committees a report detailing progress towards the 
withdrawal of personnel of any independent state of the former Soviet 
Union (within the meaning of section 3 of the FREEDOM Support Act (22 
U.S.C. 5801)), including advisers, technicians, and military personnel, 
from the Cienfuegos nuclear facility in Cuba.
    (b) Criteria for Assistance.--Section 498A(a)(11) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2295a(a)(1)) is amended by striking 
``of military facilities'' and inserting ``military and intelligence 
facilities, including the military and intelligence facilities at 
Lourdes and Cienfuegos,''.
    (c) Ineligibility for Assistance.--(1) Section 498A(b) of that Act 
(22 U.S.C. 2295a(b)) is amended--
            (A) by striking ``or'' at the end of paragraph (4);
            (B) by redesignating paragraph (5) as paragraph (6); and
            (C) by inserting after paragraph (4) the following:
            ``(5) for the government of any independent state effective 
        30 days after the President has determined and certified to the 
        appropriate congressional committees (and Congress has not 
        enacted legislation disapproving the determination within the 
        30-day period) that such government is providing assistance 
        for, or engaging in nonmarket based trade (as defined in 
        section 498B(k)(3)) with, the Government of Cuba; or''.
    (2) Subsection (k) of section 498B of that Act (22 U.S.C. 
2295b(k)), is amended by adding at the end the following:
            ``(3) Nonmarket based trade.--As used in section 
        498A(b)(5), the term `nonmarket based trade' includes exports, 
        imports, exchanges, or other arrangements that are provided for 
        goods and services (including oil and other petroleum products) 
        on terms more favorable than those generally available in 
        applicable markets or for comparable commodities, including--
                    ``(A) exports to the Government of Cuba on terms 
                that involve a grant, concessional price, guarantee, 
                insurance, or subsidy;
                    ``(B) imports from the Government of Cuba at 
                preferential tariff rates; and
                    ``(C) exchange arrangements that include advance 
                delivery of commodities, arrangements in which the 
                Government of Cuba is not held accountable for 
                unfulfilled exchange contracts, and arrangements under 
                which Cuba does not pay appropriate transportation, 
                insurance, or finance costs.''.
    (d) Facilities at Lourdes, Cuba.--(1) The Congress expresses its 
strong disapproval of the extension by Russia of credits equivalent to 
$200,000,000 in support of the intelligence facility at Lourdes, Cuba, 
in November 1994.
    (2) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2295a) is amended by adding at the end the following new subsection:
    ``(d) Reduction in Assistance for Support of Military and 
Intelligence Facilities in Cuba.--(1) Notwithstanding any other 
provision of law, the President shall withhold from assistance 
allocated for an independent state of the former Soviet Union under 
this chapter an amount equal to the sum of assistance and credits, if 
any, provided by such state in support of military and intelligence 
facilities in Cuba, such as the intelligence facility at Lourdes, Cuba.
    ``(2) Nothing in this subsection may be construed to apply to--
            ``(A) assistance provided under the Soviet Nuclear Threat 
        Reduction Act of 1991 (title II of Public Law 102-228) or the 
        Cooperative Threat Reduction Act of 1993 (title XII of Public 
        Law 103-160); or
            ``(B) assistance to meet urgent humanitarian needs under 
        section 498(1), including disaster assistance described in 
        subsection (c)(3) of this section.''.

SEC. 107. TELEVISION BROADCASTING TO CUBA.

    (a) Conversion to UHF.--The Director of the United States 
Information Agency shall implement a conversion of television 
broadcasting to Cuba under the Television Marti Service to ultra high 
frequency (UHF) broadcasting.
    (b) Periodic Reports.--Not later than 45 days after the date of 
enactment of this Act, and every three months thereafter until the 
conversion described in subsection (a) is fully implemented, the 
Director shall submit a report to the appropriate congressional 
committees on the progress made in carrying out subsection (a).

SEC. 108. REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA FROM OTHER 
              FOREIGN COUNTRIES.

    (a) Reports Required.--Not later than 90 days after the date of 
enactment of this Act, and every year thereafter, the President shall 
submit a report to the appropriate congressional committees on commerce 
with, and assistance to, Cuba from other foreign countries during the 
preceding 12-month period.
    (b) Contents of Reports.--Each report required by subsection (a) 
shall, for the period covered by the report, contain--
            (1) a description of all bilateral assistance provided to 
        Cuba by other foreign countries, including humanitarian 
        assistance;
            (2) a description of Cuba's commerce with foreign 
        countries, including an identification of Cuba's trading 
        partners and the extent of such trade;
            (3) a description of the joint ventures completed, or under 
        consideration, by foreign nationals and business firms 
        involving facilities in Cuba, including an identification of 
        the location of the facilities involved and a description of 
        the terms of agreement of the joint ventures and the names of 
        the parties that are involved;
            (4) a determination as to whether or not any of the 
        facilities described in paragraph (3) is the subject of a claim 
        against Cuba by a United States person;
            (5) a determination of the amount of Cuban debt owed to 
        each foreign country, including the amount of debt exchanged, 
        forgiven, or reduced under the terms of each investment or 
        operation in Cuba involving foreign nationals or businesses; 
        and
            (6) a description of the steps taken to assure that raw 
        materials and semifinished or finished goods produced by 
        facilities in Cuba involving foreign nationals or businesses do 
        not enter the United States market, either directly or through 
        third countries or parties.

SEC. 109. IMPORTATION SANCTION AGAINST CERTAIN CUBAN TRADING PARTNERS.

    (a) Sanction.--Notwithstanding any other provision of law, sugars, 
syrups, and molasses, that are the product of a country that the 
President determines has imported sugar, syrup, or molasses that is the 
product of Cuba, shall not be entered, or withdrawn from warehouse for 
consumption, into the customs territory of the United States, unless 
the condition set forth in subsection (b) is met.
    (b) Condition for Removal of Sanction.--The sanction set forth in 
subsection (a) shall cease to apply to a country if the country 
certifies to the President that the country will not import sugar, 
syrup, or molasses that is the product of Cuba until free and fair 
elections, conducted under the supervision of internationally 
recognized observers, are held in Cuba. Such certification shall cease 
to be effective if the President makes a subsequent determination under 
subsection (a) with respect to that country.
    (c) Reports to Congress.--The President shall report to the 
appropriate congressional committees all determinations made under 
subsection (a) and all certifications made under subsection (b).
    (d) Reallocation of Sugar Quotas.--During any period in which a 
sanction under subsection (a) is in effect with respect to a country, 
the President may reallocate to other countries the quota of sugars, 
syrups, and molasses allocated to that country, before the prohibition 
went into effect, under chapter 17 of the Harmonized Tariff Schedule of 
the United States.

           TITLE II--SUPPORT FOR A FREE AND INDEPENDENT CUBA

SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATICALLY 
              ELECTED GOVERNMENT IN CUBA.

    It is the policy of the United States--
            (1) to support the self-determination of the Cuban people;
            (2) to facilitate a peaceful transition to representative 
        democracy and a free market economy in Cuba;
            (3) to be impartial toward any individual or entity in the 
        selection by the Cuban people of their future government;
            (4) to enter into negotiations with a democratically 
        elected government in Cuba regarding the status of the United 
        States Naval Base at Guantanamo Bay;
            (5) to restore diplomatic relations with Cuba, and support 
        the reintegration of Cuba into entities of the Inter-American 
        System, when the President determines that there exists a 
        democratically elected government in Cuba;
            (6) to remove the economic embargo of Cuba when the 
        President determines that there exists a democratically elected 
        government in Cuba; and
            (7) to pursue a mutually beneficial trading relationship 
        with a democratic Cuba.

SEC. 202. AUTHORIZATION OF ASSISTANCE FOR THE CUBAN PEOPLE.

    (a) Authorization.--
            (1) In general.--The President may provide assistance under 
        this section for the Cuban people after a transition 
        government, or a democratically elected government, is in power 
        in Cuba, as determined under section 203 (a) and (c).
            (2) Effect on other laws.--
                    (A) Superseding other laws.--Subject to 
                subparagraph (B), assistance may be provided under this 
                section notwithstanding any other provision of law.
                    (B) Determination required regarding property taken 
                from united states persons.--Subparagraph (A) shall not 
                apply to section 620(a)(2) of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2370(a)(2)).
    (b) Response Plan.--
            (1) Development of plan.--The President shall develop a 
        plan detailing the manner in which the United States would 
        provide and implement support for the Cuban people in response 
        to the formation of--
                    (A) a transition government in Cuba; and
                    (B) a democratically elected government in Cuba.
            (2) Types of assistance.--Support for the Cuban people 
        under the plan described in paragraph (1) shall include the 
        following types of assistance:
                    (A) Transition government.--Assistance under the 
                plan to a transition government in Cuba shall be 
                limited to such food, medicine, medical supplies and 
                equipment, and other assistance as may be necessary to 
                meet emergency humanitarian needs of the Cuban people.
                    (B) Democratically elected government.--Assistance 
                under the plan for a democratically elected government 
                in Cuba shall consist of assistance to promote free 
                market development, private enterprise, and a mutually 
                beneficial trade relationship between the United States 
                and Cuba. Such assistance should include--
                            (i) financing, guarantees, and other 
                        assistance provided by the Export-Import Bank 
                        of the United States;
                            (ii) insurance, guarantees, and other 
                        assistance provided by the Overseas Private 
                        Investment Corporation for investment projects 
                        in Cuba;
                            (iii) assistance provided by the Trade and 
                        Development Agency;
                            (iv) international narcotics control 
                        assistance provided under chapter 8 of part I 
                        of the Foreign Assistance Act of 1961; and
                            (v) Peace Corps activities.
    (c) Caribbean Basin Initiative.--(1) The President shall determine, 
as part of the plan developed under subsection (b), whether or not to 
designate Cuba as a beneficiary country under section 212 of the 
Caribbean Basin Economic Recovery Act.
    (2) Any designation of Cuba as a beneficiary country under section 
212 of such Act may only be made after a democratically elected 
government in Cuba is in power. Such designation may be made 
notwithstanding any other provision of law.
    (3) The table contained in section 212(b) of the Caribbean Basin 
Economic Recovery Act (19 U.S.C. 2702(b)) is amended by inserting 
``Cuba'' between ``Costa Rica'' and ``Dominica''.
    (d) Trade Agreements.--Notwithstanding any other provision of law, 
the President, upon transmittal to Congress of a determination under 
section 203(c) that a democratically elected government in Cuba is in 
power, should--
            (1) take the steps necessary to extend nondiscriminatory 
        trade treatment (most-favored-nation status) to the products of 
        Cuba; and
            (2) take such other steps as will encourage renewed 
        investment in Cuba.
    (e) Communication With the Cuban People.--The President should take 
the necessary steps to communicate to the Cuban people the plan 
developed under this section.
    (f) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the President shall transmit to the 
appropriate congressional committees a report describing in detail the 
plan developed under this section.

SEC. 203. IMPLEMENTATION; REPORTS TO CONGRESS.

    (a) Implementation With Respect to Transition Government.--Upon 
making a determination that a transition government in Cuba is in 
power, the President shall transmit that determination to the 
appropriate congressional committees and should, subject to the 
availability of appropriations, commence the provision of assistance to 
such transition government under the plan developed under section 
202(b).
    (b) Reports to Congress.--(1) The President shall transmit to the 
appropriate congressional committees a report setting forth the 
strategy for providing assistance described in section 202(b)(2)(A) to 
the transition government in Cuba under the plan of assistance 
developed under section 202(b), the types of such assistance, and the 
extent to which such assistance has been distributed in accordance with 
the plan.
    (2) The President shall transmit the report not later than 90 days 
after making the determination referred to in paragraph (1), except 
that the President shall transmit the report in preliminary form not 
later than 15 days after making that determination.
    (c) Implementation With Respect to Democratically Elected 
Government.--The President shall, upon determining that a 
democratically elected government in Cuba is in power, transmit that 
determination to the appropriate congressional committees and should, 
subject to the availability of appropriations, commence the provision 
of assistance to such democratically elected government under the plan 
developed under section 202(b)(2)(B).
    (d) Annual Reports to Congress.--Not later than 60 days after the 
end of each fiscal year, the President shall transmit to the 
appropriate congressional committees a report on the assistance 
provided under the plan developed under section 202(b), including a 
description of each type of assistance, the amounts expended for such 
assistance, and a description of the assistance to be provided under 
the plan in the current fiscal year.

SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

    (a) Termination.--Upon the effective date of this section--
            (1) section 620(a) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(a)) is repealed;
            (2) section 620(f) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(f)) is amended by striking ``Republic of 
        Cuba'';
            (3) the prohibitions on transactions described in part 515 
        of title 31, Code of Federal Regulations, shall cease to apply; 
        and
            (4) the President shall take such other steps as may be 
        necessary to rescind any other regulations in effect under the 
        economic embargo of Cuba.
    (b) Effective Date.--This section shall take effect upon 
transmittal to Congress of a determination under section 203(c) that a 
democratically elected government in Cuba is in power.

SEC. 205. REQUIREMENTS FOR A TRANSITION GOVERNMENT.

    For purposes of this Act, a transition government in Cuba is a 
government in Cuba that--
            (1) is demonstrably in transition from communist 
        totalitarian dictatorship to representative democracy;
            (2) has released all political prisoners and allowed for 
        investigations of Cuban prisons by appropriate international 
        human rights organizations;
            (3) has dissolved the present Department of State Security 
        in the Cuban Ministry of the Interior, including the Committees 
        for the Defense of the Revolution and the Rapid Response 
        Brigades;
            (4) has publicly committed itself to, and is making 
        demonstrable progress in--
                    (A) establishing an independent judiciary;
                    (B) respecting internationally recognized human 
                rights and basic freedoms as set forth in the Universal 
                Declaration of Human Rights, to which Cuba is a 
                signatory nation;
                    (C) effectively guaranteeing the rights of free 
                speech and freedom of the press;
                    (D) permitting the reinstatement of citizenship to 
                Cuban-born nationals returning to Cuba;
                    (E) organizing free and fair elections for a new 
                government--
                            (i) to be held within 1 year after the 
                        transition government assumes power;
                            (ii) with the participation of multiple 
                        independent political parties that have full 
                        access to the media on an equal basis, 
                        including (in the case of radio, television, or 
                        other telecommunications media) in terms of 
                        allotments of time for such access and the 
                        times of day such allotments are given; and
                            (iii) to be conducted under the supervision 
                        of internationally recognized observers, such 
                        as the Organization of American States, the 
                        United Nations, and other elections monitors;
                    (F) assuring the right to private property;
                    (G) taking appropriate steps to return to United 
                States citizens and entities property taken by the 
                Government of Cuba from such citizens and entities on 
                or after January 1, 1959, or to provide equitable 
                compensation to such citizens and entities for such 
                property;
                    (H) having a currency that is fully convertible 
                domestically and internationally;
                    (I) granting permits to privately owned 
                telecommunications and media companies to operate in 
                Cuba; and
                    (J) allowing the establishment of an independent 
                labor movement and of independent social, economic, and 
                political associations;
            (5) does not include Fidel Castro or Raul Castro;
            (6) has given adequate assurances that it will allow the 
        speedy and efficient distribution of assistance to the Cuban 
        people; and
            (7) permits the deployment throughout Cuba of independent 
        and unfettered international human rights monitors.

SEC. 206. REQUIREMENTS FOR A DEMOCRATICALLY ELECTED GOVERNMENT.

    For purposes of this Act, a democratically elected government in 
Cuba, in addition to continuing to comply with the requirements of 
section 205, is a government in Cuba which--
            (1) results from free and fair elections--
                    (A) conducted under the supervision of 
                internationally recognized observers;
                    (B) in which opposition parties were permitted 
                ample time to organize and campaign for such elections, 
                and in which all candidates in the elections were 
                permitted full access to the media;
            (2) is showing respect for the basic civil liberties and 
        human rights of the citizens of Cuba;
            (3) has established an independent judiciary;
            (4) is substantially moving toward a market-oriented 
        economic system based on the right to own and enjoy property;
            (5) is committed to making constitutional changes that 
        would ensure regular free and fair elections that meet the 
        requirements of paragraph (2); and
            (6) has returned to United States citizens, and entities 
        which are 50 percent or more beneficially owned by United 
        States citizens, property taken by the Government of Cuba from 
        such citizens and entities on or after January 1, 1959, or 
        provided full compensation in accordance with international law 
        standards and practice to such citizens and entities for such 
        property.

        TITLE III--PROTECTION OF AMERICAN PROPERTY RIGHTS ABROAD

SEC. 301. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE 
              CONFISCATED PROPERTY CLAIMED BY UNITED STATES PERSONS.

    (a) Additional Grounds for Exclusion.--Section 212(a)(9) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by adding 
at the end the following:
                    ``(D) Aliens who have confiscated american property 
                abroad and related persons.--(i) Any alien who--
                            ``(I) has confiscated, or has directed or 
                        overseen the confiscation of, property the 
                        claim to which is owned by a United States 
                        person, or converts or has converted for 
                        personal gain confiscated property, the claim 
to which is owned by a United States person;
                            ``(II) traffics in confiscated property, 
                        the claim to which is owned by a United States 
                        person;
                            ``(III) is a corporate officer, principal, 
                        or shareholder of an entity which the Secretary 
                        of State determines or is informed by competent 
                        authority has been involved in the 
                        confiscation, trafficking in, or subsequent 
                        unauthorized use or benefit from confiscated 
                        property, the claim to which is owned by a 
                        United States person, or
                            ``(IV) is a spouse or dependent of a person 
                        described in subclause (I),
                is excludable.
                    ``(ii) The validity of claims under this 
                subparagraph shall be established in accordance with 
                section 303 of the Cuban Liberty and Democratic 
                Solidarity (LIBERTAD) Act of 1995.
                    ``(iii) For purposes of this subparagraph, the 
                terms `confiscated', `traffics', and `United States 
                person' have the same meanings given to such terms 
                under section 4 of the Cuban Liberty and Democratic 
                Solidarity (LIBERTAD) Act of 1995.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to individuals seeking to enter the United States on or after the 
date of enactment of this Act.

SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED BY 
              UNITED STATES PERSONS.

    (a) Civil Remedy.--(1) Except as provided in paragraphs (2) and 
(3), any person or government that traffics in property confiscated by 
a foreign government shall be liable to the United States person who 
owns the claim to the confiscated property for money damages in an 
amount which is the greater of--
            (A) the amount certified by the Foreign Claims Settlement 
        Commission under title V of the International Claims Settlement 
        Act of 1949, plus interest at the commercially recognized 
        normal rate;
            (B) the amount determined under section 303(a)(2); or
            (C) the fair market value of that property, calculated as 
        being the then current value of the property, or the value of 
        the property when confiscated plus interest at the commercially 
        recognized normal rate, whichever is greater.
    (2) Except as provided in paragraph (3), any person or government 
that traffics in confiscated property after having received (A) notice 
of a claim to ownership of the property by the United States person who 
owns the claim to the confiscated property, and (B) a copy of this 
section, shall be liable to such United States person for money damages 
in an amount which is treble the amount specified in paragraph (1).
    (3)(A) Actions may be brought under paragraph (1) with respect to 
property confiscated before, on, or after the date of enactment of this 
Act.
    (B) In the case of property confiscated before the date of 
enactment of this Act, no United States person may bring an action 
under this section unless such person acquired ownership of the claim 
to the confiscated property before such date.
    (C) In the case of property confiscated on or after the date of 
enactment of this Act, in order to maintain the action, the United 
States person who is the plaintiff must demonstrate to the court that 
the plaintiff has taken reasonable steps to exhaust all available local 
remedies.
    (b) Jurisdiction.--Chapter 85 of title 28, United States Code, is 
amended by inserting after section 1331 the following new section:
``Sec. 1331a. Civil actions involving confiscated property
    ``The district courts shall have exclusive jurisdiction, without 
regard to the amount in controversy, of any action brought under 
section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
Act of 1995.''.
    (c) Waiver of Sovereign Immunity.--Section 1605 of title 28, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(7) in which the action is brought with respect to 
        confiscated property under section 302 of the Cuban Liberty and 
        Democratic Solidarity (LIBERTAD) Act of 1995.''.

SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED PROPERTY.

    (a) Evidence of Ownership.--For purposes of this Act, conclusive 
evidence of ownership by the United States person of a claim to 
confiscated property is established--
            (1) when the Foreign Claims Settlement Commission certifies 
        the claim under title V of the International Claims Settlement 
        Act of 1949, as amended by subsection (b); or
            (2) when the claim has been determined to be valid by a 
        court or administrative agency of the country in which the 
        property was confiscated.
    (b) Amendment of the International Claims Settlement Act of 1949.--
Title V of the International Claims Settlement Act of 1949 is amended 
by adding at the end the following new section:

                          ``additional claims

    ``Sec. 514. Notwithstanding any other provision of this title, a 
United States national may bring a claim to the Commission for 
determination and certification under this title of the amount and 
validity of a claim resulting from actions taken by the Government of 
Cuba described in section 503(a), whether or not the United States 
national qualified as a United States national at the time of the Cuban 
government action, except that, in the case of property confiscated 
after the date of enactment of this section, the claimant must be a 
United States national at the time of the confiscation.''.
    (c) Conforming Repeal.--Section 510 of the International Claims 
Settlement Act of 1949 (22 U.S.C. 1643i) is repealed.
                                 <all>
S. 381 RTS----2
S. 381 RTS----3
S. 381 RTS----4
```