II

106TH CONGRESS

1ST SESSION S. 1829

To amend the Foreign Assistance Act of 1961 to prohibit the payment

of debts incurred by the communist government of Cuba.

IN THE SENATE OF THE UNITED STATES

OCTOBER 29, 1999

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Foreign Relations

A BILL

To amend the Foreign Assistance Act of 1961 to prohibit

the payment of debts incurred by the communist government of Cuba.

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.

4 This Act may be cited as the ‘‘Castro Bailout Prohi5 bition Act of 1999’’.

6 SEC. 2. AMENDMENT OF THE FOREIGN ASSISTANCE OF

7 1961.

8 Chapter 1 of part III of the Foreign Assistance Act

9 of 1961 (22 U.S.C. 2351 et seq.) is amended by adding

10 at the end the following new section:
2

•S 1829 IS

1 ‘‘SEC. 620J. PROHIBITION ON PAYMENT OF DEBTS IN2 CURRED BY COMMUNIST CUBA.

3 ‘‘(a) PROHIBITION OF FUNDS.—Notwithstanding any

4 other provision of law, none of the funds appropriated pur5 suant to this Act or any other Act shall be made available

6 to pay, in whole or in part, any debts incurred by the com7 munist government of Cuba.

8 ‘‘(b) OPPOSITION TO INTERNATIONAL FINANCIAL IN9 STITUTION ASSISTANCE TO PAY DEBTS.—The Secretary

10 of the Treasury shall instruct the United States executive

11 director of each international financial institution to use

12 the voice and vote of the United States to oppose any loan,

13 assistance, or program any proceeds of which will be used

14 to pay, in whole or in part, any debts incurred by the com15 munist government of Cuba.

16 ‘‘(c) DEFINITIONS.—In this section:

17 ‘‘(1) AGENCY OR INSTRUMENTALITY.—The

18 term ‘agency or instrumentality’ means an agency or

19 instrumentality of a foreign state as defined in sec20 tion 1603(b) of title 28, United States Code, with

21 each reference in such section to ‘a foreign state’

22 deemed to be a reference to ‘the communist govern23 ment of Cuba’.

24 ‘‘(2) COMMUNIST GOVERNMENT OF CUBA.—The

25 term ‘communist government of Cuba’ includes any

26 government in Cuba, including the government of
3

•S 1829 IS

1 any political subdivision or any agency or instrumen2 tality thereof, in power during the period between

3 January 1, 1959, and the date upon which the

4 President transmits a determination to the appro5 priate committees of Congress, in accordance with

6 section 203(c)(1) of the Cuban Liberty and Demo7 cratic Solidarity (LIBERTAD) Act of 1996 (22

8 U.S.C. 6063(c)(1)), that a transition government is

9 in power in Cuba.

10 ‘‘(3) DEBTS.—The term ‘debts’ means any

11 amount owed to a foreign government or agency or

12 instrumentality thereof, an international financial in13 stitution, or a private person incurred through a

14 loan agreement, barter agreement, sales agreement,

15 legal judgment, or contract.

16 ‘‘(4) INTERNATIONAL FINANCIAL INSTITU17 TION.—The term ‘international financial institution’

18 means the International Monetary Fund, the Inter19 national Bank for Reconstruction and Development,

20 the International Development Association, the

21 International Finance Corporation, the Multilateral

22 Investment Guaranty Agency, and the Inter-Amer23 ican Development Bank.’’.

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