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 Commit-
tees 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 juris-
diction of the committee concerned
A BILL
To seek international sanctions against the Castro govern-
ment in Cuba, to plan for support of a transition govern-
ment leading to a democratically elected government in
Cuba, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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—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 finan-
cial 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 for-
eign 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.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economy of Cuba has experienced a de-
cline of at least 60 percent in the last 5 years as a
result of—
(A) the end of its subsidization by the
former Soviet Union of between 5 billion and 6
billion dollars annually;
(B) 36 years of Communist tyranny and
economic mismanagement by the Castro govern-
ment;
(C) the extreme decline in trade between
Cuba and the countries of the former Soviet
bloc; and
(D) the stated policy of the Russian Gov-
ernment and the countries of the former Soviet
bloc to conduct economic relations with Cuba
on strictly commercial terms.
(2) At the same time, the welfare and health of
the Cuban people have substantially deteriorated as
a result of this economic decline and the refusal of
the Castro regime to permit free and fair democratic
elections in Cuba.
(3) The Castro regime has made it abundantly
clear that it will not engage in any substantive polit-
ical reforms that would lead to democracy, a market
economy, or an economic recovery.
(4) The repression of the Cuban people, includ-
ing a ban on free and fair democratic elections, and
continuing violations of fundamental human rights
have isolated the Cuban regime as the only com-
pletely nondemocratic government in the Western
Hemisphere.
(5) As long as free elections are not held in
Cuba, the economic condition of the country and the
welfare of the Cuban people will not improve in any
significant way.
(6) The totalitarian nature of the Castro regime
has deprived the Cuban people of any peaceful
means to improve their condition and has led thou-
sands of Cuban citizens to risk or lose their lives in
dangerous attempts to escape from Cuba to freedom.
(7) 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 people of Cuba living under
tyranny.
(8) The consistent policy of the United States
towards Cuba since the beginning of the Castro re-
gime, carried out by both Democratic and Repub-
lican administrations, has sought to keep faith with
the people of Cuba, and has been effective in sanc-
tioning the totalitarian Castro regime.
(9) The United States has shown a deep com-
mitment, and considers it a moral obligation, to pro-
mote and protect human rights and fundamental
freedoms as expressed in the Charter of the United
Nations and in the Universal Declaration of Human
Rights.
(10) The Congress has historically and consist-
ently manifested its solidarity and the solidarity of
the American people with the democratic aspirations
of the Cuban people.
(11) The Cuban Democracy Act of 1992 calls
upon the President to encourage the governments of
countries that conduct trade with Cuba to restrict
their trade and credit relations with Cuba in a man-
ner consistent with the purposes of that Act.
(12) The 1992 FREEDOM Support Act re-
quires that the President, in providing economic as-
sistance to Russia and the emerging Eurasian de-
mocracies, take into account the extent to which
they are acting to ‘‘terminate support for the com-
munist regime in Cuba, including removal of troops,
closing military facilities, and ceasing trade subsidies
and economic, nuclear, and other assistance’’.
(13) The Cuban Government engages in the il-
legal international narcotics trade and harbors fugi-
tives from justice in the United States.
(14) The Castro government threatens inter-
national peace and security by engaging in acts of
armed subversion and terrorism such as the training
and supplying of groups dedicated to international
violence.
(15) The Castro government has utilized from
its inception and continues to utilize torture in var-
ious forms (including by psychiatry), as well as exe-
cution, exile, confiscation, political imprisonment,
and other forms of terror and repression, as means
of retaining power.
(16) Fidel Castro has defined democratic plu-
ralism as ‘‘pluralistic garbage’’ and continues to
make clear that he has no intention of tolerating the
democratization of Cuban society.
(17) The Castro government holds innocent Cu-
bans hostage in Cuba by no fault of the hostages
themselves solely because relatives have escaped the
country.
(18) Although a signatory state to the 1928
Inter-American Convention on Asylum and the
International Covenant on Civil and Political Rights
(which protects the right to leave one’s own coun-
try), Cuba nevertheless surrounds embassies in its
capital by armed forces to thwart the right of its
citizens to seek asylum and systematically denies
that right to the Cuban people, punishing them by
imprisonment for seeking to leave the country and
killing them for attempting to do so (as dem-
onstrated in the case of the confirmed murder of
over 40 men, women, and children who were seeking
to leave Cuba on July 13, 1994).
(19) The Castro government continues to utilize
blackmail, such as the immigration crisis with which
it threatened the United States in the summer of
1994, and other unacceptable and illegal forms of
conduct to influence the actions of sovereign states
in the Western Hemisphere in violation of the Char-
ter of the Organization of American States and
other international agreements and international
law.
(20) The United Nations Commission on
Human Rights has repeatedly reported on the unac-
ceptable human rights situation in Cuba and has
human rights in the cases of Rhodesia, South Africa,
Iraq, and the former Yugoslavia.
(25) In the case of Haiti, a neighbor of Cuba
not as close to the United States as Cuba, the
United States led an effort to obtain and did obtain
a United Nations Security Council embargo and
blockade against that country due to the existence of
a military dictatorship in power less than 3 years.
(26) United Nations Security Council Resolu-
tion 940 of July 31, 1994, subsequently authorized
the use of ‘‘all necessary means’’ to restore the
‘‘democratically elected government of Haiti’’, and
the democratically elected government of Haiti was
restored to power on October 15, 1994.
(27) The Cuban people deserve to be assisted in
a decisive manner to end the tyranny that has op-
pressed them for 36 years and the continued failure
to do so constitutes ethically improper conduct by
the international community.
(28) For the past 36 years, the Cuban Govern-
ment has posed and continues to pose a national se-
curity threat to the United States.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To assist the Cuban people in regaining
their freedom and prosperity, as well as in joining
the community of democracies that are flourishing in
the Western Hemisphere.
(2) To seek international sanctions against the
Castro government in Cuba.
(3) To encourage the holding of free and fair
democratic elections in Cuba, conducted under the
supervision of internationally recognized observers.
(4) To develop a plan for furnishing assistance
to a transition government and, subsequently, to a
democratically elected government when such gov-
ernments meet the eligibility requirements of this
Act.
(5) To protect property rights abroad of United
States nationals.
(6) To provide for the continued national secu-
rity of the United States in the face of continuing
threats from the Castro government of terrorism,
theft of property from United States nationals, and
domestic repression from which refugees flee to
United States shores.
SEC. 4. DEFINITIONS.
As used in this Act, the following terms have the fol-
lowing meanings:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations, the Committee on Ways and Means, and the
Committee on Appropriations of the House of Rep-
resentatives and the Committee on Foreign Rela-
tions, the Committee on Finance, and the Commit-
tee on Appropriations of the Senate.
(2) COMMERCIAL ACTIVITY.—The term ‘‘com-
mercial activity’’ has the meaning given that term in
section 1603(d) of title 28, United States Code.
(3) CONFISCATED.—As used in titles I and III,
the term ‘‘confiscated’’ refers to—
(A) the nationalization, expropriation, or
other seizure by the Cuban Government of own-
ership or control of property, on or after Janu-
ary 1, 1959—
(i) without the property having been
returned or adequate and effective com-
pensation provided; or
(ii) without the claim to the property
having been settled pursuant to an inter-
national claims settlement agreement or
other mutually accepted settlement proce-
dure; and
(B) the repudiation by the Cuban Govern-
ment of, the default by the Cuban Government
on, or the failure by the Cuban Government to
pay, on or after January 1, 1959—
(i) a debt of any enterprise which has
been nationalized, expropriated, or other-
wise taken by the Cuban Government;
(ii) a debt which is a charge on prop-
erty nationalized, expropriated, or other-
wise taken by the Cuban Government; or
(iii) a debt which was incurred by the
Cuban Government in satisfaction or set-
tlement of a confiscated property claim.
(4) CUBAN
GOVERNMENT.—(A) The term
‘‘Cuban Government’’ includes the government of
any political subdivision of Cuba, and any agency or
instrumentality of the Government of Cuba.
(B) For purposes of subparagraph (A), the
term ‘‘agency or instrumentality of the Government
of Cuba’’ means an agency or instrumentality of a
foreign state as defined in section 1603(b) of title
28, United States Code, with ‘‘Cuba’’ substituted for
‘‘a foreign state’’ each place it appears in such sec-
tion.
(5) DEMOCRATICALLY ELECTED GOVERNMENT
IN CUBA.—The term ‘‘democratically elected govern-
ment in Cuba’’ means a government determined by
the President to have met the requirements of sec-
tion 206.
(6) 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 Inter-
national Emergency Economic Powers Act (50
U.S.C. 1701 and following), and the Export Admin-
istration Act of 1979 (50 U.S.C. App. 2401 and fol-
lowing), as modified by the Cuban Democracy Act of
1992 (22 U.S.C. 6001 and following).
(7) FOREIGN
NATIONAL.—The term ‘‘foreign
national’’ means—
(A) an alien; or
(B) any corporation, trust, partnership, or
other juridical entity not organized under the
laws of the United States, or of any State, the
District of Columbia, the Commonwealth of
Puerto Rico, or any other territory or posses-
sion of the United States.
(8) 
KNOWINGLY.—The 
term 
‘‘knowingly’’
means with knowledge or having reason to know.
(9) PROPERTY.—(A) The term ‘‘property’’
means any property (including patents, copyrights,
trademarks, and any other form of intellectual prop-
erty), whether real, personal, or mixed, and any
present, future, or contingent right, security, or
other interest therein, including any leasehold inter-
est.
(B) For purposes of title III of this Act, the
term ‘‘property’’ shall not include real property used
for residential purposes unless, as of the date of the
enactment of this Act—
(i) the claim to the property is owned by
a United States national and the claim has
been certified under title V of the International
Claims Settlement Act of 1949; or
(ii) the property is occupied by a member
or official of the Cuban Government or the rul-
ing political party in Cuba.
(10) TRAFFICS.—(A) As used in title III, a per-
son or entity ‘‘traffics’’ in property if that person or
entity knowingly and intentionally—
(i) sells, transfers, distributes, dispenses,
brokers, manages, or otherwise disposes of con-
fiscated property, or purchases, leases, receives,
possesses, obtains control of, manages, uses, or
otherwise acquires or holds an interest in con-
fiscated property,
(ii) engages in a commercial activity using
or otherwise benefiting from confiscated prop-
erty, or
(iii) causes, directs, participates in, or
profits from, trafficking (as described in clauses
(i) and (ii)) by another person, or otherwise en-
gages in trafficking (as described in clauses (i)
and (ii)) through another person,
without the authorization of the United States na-
tional who holds a claim to the property.
(B) The term ‘‘traffics’’ does not include—
(i) the delivery of international tele-
communication signals to Cuba that are author-
ized by section 1705(e) of the Cuban Democ-
racy Act of 1992 (22 U.S.C. 6004(e)); or
(ii) the trading or holding of securities
publicly traded or held, unless the trading is
with or by a person determined by the Sec-
retary of the Treasury to be a specially des-
ignated national.
(11) TRANSITION GOVERNMENT IN CUBA.—The
term ‘‘transition government in Cuba’’ means a gov-
ernment determined by the President to have met
the requirements of section 205.
(12) UNITED
STATES
NATIONAL.—The term
‘‘United States national’’ means—
(A) any United States citizen; or
(B) any other legal entity which is orga-
nized under the laws of the United States, or
of any State, the District of Columbia, the
Commonwealth of Puerto Rico, or any other
territory or possession of the United States,
and which has its principal place of business in
the United States.
TITLE 
I—SEEKING 
SANCTIONS
AGAINST THE CASTRO GOV-
ERNMENT
SEC. 101. STATEMENT OF POLICY.
It is the sense of the Congress that—
(1) the acts of the Castro government, includ-
ing its massive, systematic, and extraordinary viola-
tions of human rights, are a threat to international
peace;
(2) the President should advocate, and should
instruct the United States Permanent Representa-
tive to the United Nations to propose and seek,
within the Security Council, a mandatory inter-
national embargo against the totalitarian Cuban
Government pursuant to chapter VII of the Charter
of the United Nations, which is similar to measures
taken by United States representatives with respect
to Haiti; and
(3) any resumption or commencement of efforts
by any state to make operational the nuclear facility
at Cienfuegos, Cuba, will have a detrimental impact
on United States assistance to and relations with
that state.
SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF
CUBA.
(a) POLICY.—(1) The Congress hereby reaffirms sec-
tion 1704(a) of the Cuban Democracy Act of 1992 that
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) of that Act against countries assisting Cuba.
(b) DIPLOMATIC EFFORTS.—The Secretary of State
shall ensure that United States diplomatic personnel
abroad understand and, in their contacts with foreign offi-
cials, are communicating the reasons for the United States
economic embargo of Cuba, and are urging foreign govern-
ments to cooperate more effectively with the embargo.
(c) EXISTING REGULATIONS.—The President should
instruct the Secretary of the Treasury and the Attorney
General to enforce fully the Cuban Assets Control Regula-
tions set forth in part 515 of title 31, Code of Federal
Regulations.
(d) TRADING WITH THE ENEMY ACT.—
(1) CIVIL PENALTIES.—Subsection (b) of sec-
tion 16 of the Trading With the Enemy Act (50
U.S.C. App. 16(b)) is amended to read as follows:
‘‘(b)(1) A civil penalty of not to exceed $50,000 may
be imposed by the Secretary of the Treasury on any per-
son who violates any license, order, rule, or regulation is-
sued in compliance with the provisions of this Act.
‘‘(2) Any property, funds, securities, papers, or other
articles or documents, or any vessel, together with its tack-
le, apparel, furniture, and equipment, that is the subject
of a violation under paragraph (1) shall, at the discretion
of the Secretary of the Treasury, be forfeited to the United
States Government.
‘‘(3) The penalties provided under this subsection
may not be imposed for—
‘‘(A) news gathering, research, or the export or
import of, or transmission of, information or infor-
mational materials; or
‘‘(B) clearly defined educational or religious ac-
tivities, or activities of recognized human rights or-
ganizations, that are reasonably limited in fre-
quency, duration, and number of participants.
‘‘(4) The penalties provided under this subsection
may be imposed only on the record after opportunity for
an agency hearing in accordance with sections 554
through 557 of title 5, United States Code, with the right
to prehearing discovery.
‘‘(5) Judicial review of any penalty imposed under
this subsection may be had to the extent provided in sec-
tion 702 of title 5, United States Code.’’.
(2) FORFEITURE OF PROPERTY USED IN VIOLA-
TION.—Section 16 of the Trading With the Enemy
Act is further amended by striking subsection (c).
(3) CLERICAL AMENDMENT.—Section 16 of the
Trading With the Enemy Act is further amended by
inserting ‘‘SEC. 16.’’ before ‘‘(a)’’.
(e) COVERAGE
OF DEBT-FOR-EQUITY SWAPS
BY
ECONOMIC EMBARGO OF CUBA.—Section 1704(b)(2) of
the Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2))
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph:
‘‘(B) includes an exchange, reduction, or
forgiveness of Cuban debt owed to a foreign
country in return for a grant of an equity inter-
est in a property, investment, or operation of
the Government of Cuba (including the govern-
ment of any political subdivision of Cuba, and
any agency or instrumentality of the Govern-
ment of Cuba) or of a Cuban national; and’’;
and
(4) by adding at the end the following flush
sentence:
‘‘As used in this paragraph, the term ‘agency or in-
strumentality of the Government of Cuba’ means an
agency or instrumentality of a foreign state as de-
fined in section 1603(b) of title 28, United States
Code, with ‘Cuba’ substituted for ‘a foreign state’
each place it appears in such section.’’.
SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF
THE CASTRO DICTATORSHIP.
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, no loan, credit, or other financing may be ex-
tended knowingly by a United States national, permanent
resident alien, or United States agency, to a foreign na-
tional, United States national, or permanent resident
alien, in order to finance transactions involving any con-
fiscated property the claim to which is owned by a United
States national as of the date of the enactment of this
Act.
(b) TERMINATION OF PROHIBITION.—The prohibi-
tion of subsection (a) shall cease to apply on the date on
which the economic embargo of Cuba terminates under
section 205.
(c) PENALTIES.—Violations of subsection (a) shall be
punishable by the same penalties as are applicable to viola-
tions of the Cuban Assets Control Regulations set forth
in part 515 of title 31, Code of Federal Regulations.
(d) DEFINITIONS.—As used in this section—
(1) the term ‘‘permanent resident alien’’ means
an alien admitted for permanent residence into the
United States; and
(2) the term ‘‘United States agency’’ has the
meaning given the term ‘‘agency’’ in section 551(1)
of title 5, United States Code.
SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBER-
SHIP IN INTERNATIONAL FINANCIAL INSTI-
TUTIONS.
(a) CONTINUED OPPOSITION TO CUBAN MEMBER-
SHIP IN INTERNATIONAL FINANCIAL INSTITUTIONS.—(1)
Except as provided in paragraph (2), the Secretary of the
Treasury shall instruct the United States executive direc-
tor to each international financial institution to use the
voice and vote of the United States to oppose the admis-
sion of Cuba as a member of that institution until the
President 
submits 
a 
determination 
under 
section
203(c)(3) that a democratically elected government in
Cuba is in power.
(2) Once the President submits a determination
under section 203(c)(1) that a transition government in
Cuba is in power, the President is encouraged to take
steps to support the processing of Cuba’s application for
membership in any international financial institution, sub-
ject 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 the Cuban Government over the opposition
of the United States, then the Secretary of the Treasury
shall withhold from payment to that institution an amount
equal to the amount of the loan or other assistance to the
Cuban Government, with respect to each of the following
types of payment:
(1) The paid-in portion of the increase in cap-
ital stock of the institution.
(2) The callable portion of the increase in cap-
ital stock of the institution.
(c) DEFINITION.—For purposes of this section, the
term ‘‘international financial institution’’ means the Inter-
national Monetary Fund, the International Bank for Re-
construction and Development, the International Develop-
ment Association, the International Finance Corporation,
the Multilateral Investment Guaranty Agency, and the
Inter-American Development Bank.
SEC. 105. UNITED STATES OPPOSITION TO ENDING THE
SUSPENSION OF THE GOVERNMENT OF CUBA
FROM THE ORGANIZATION OF AMERICAN
STATES.
The President should instruct the United States Per-
manent Representative to the Organization of American
States to use the voice and vote of the United States to
oppose ending the suspension of the Government of Cuba
from the Organization until the President determines
under section 203(c)(3) that a democratically elected gov-
ernment in Cuba is in power.
SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF
THE FORMER SOVIET UNION FOR THE CUBAN
GOVERNMENT.
(a) REPORTING REQUIREMENT.—Not later than 90
days after the date of the enactment of this Act, the Presi-
dent shall submit to the appropriate congressional com-
mittees 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, techni-
cians, 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)(11)) is amended by striking ‘‘of military
facilities’’ and inserting ‘‘military and intelligence facili-
ties, 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 para-
graph (6); and
(C) by inserting after paragraph (4) the follow-
ing:
‘‘(5) for the government of any independent
state effective 30 days after the President has deter-
mined and certified to the appropriate congressional
committees (and Congress has not enacted legisla-
tion disapproving the determination within that 30-
day period) that such government is providing as-
sistance for, or engaging in nonmarket based trade
(as defined in section 498B(k)(3)) with, the Cuban
Government; 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 serv-
ices (including oil and other petroleum products) on
terms more favorable than those generally available
in applicable markets or for comparable commod-
ities, including—
‘‘(A) exports to the Cuban Government on
terms that involve a grant, concessional price,
guaranty, insurance, or subsidy;
‘‘(B) imports from the Cuban Government
at preferential tariff rates;
‘‘(C) exchange arrangements that include
advance delivery of commodities, arrangements
in which the Cuban Government is not held ac-
countable for unfulfilled exchange contracts,
and arrangements under which Cuba does not
pay appropriate transportation, insurance, or fi-
nance costs; and
‘‘(D) the exchange, reduction, or forgive-
ness of Cuban debt in return for a grant by the
Cuban Government of an equity interest in a
property, investment, or operation of the Cuban
Government or of a Cuban national.
‘‘(4) CUBAN
GOVERNMENT.—(A) The term
‘Cuban Government’ includes the government of any
political subdivision of Cuba, and any agency or in-
strumentality of the Government of Cuba.
‘‘(B) For purposes of subparagraph (A), the
term ‘agency or instrumentality of the Government
of Cuba’ means an agency or instrumentality of a
foreign state as defined in section 1603(b) of title
28, United States Code, with ‘Cuba’ substituted for
‘a foreign state’ each place it appears in such sec-
tion.’’.
(d) FACILITIES AT LOURDES, CUBA.—(1) The Con-
gress expresses its strong disapproval of the extension by
Russia 
of 
credits 
equivalent 
to 
approximately
$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
INTELLIGENCE FACILITIES IN CUBA.—(1) Notwithstand-
ing any other provision of law, the President shall with-
hold from assistance provided, on or after the date of the
enactment of this subsection, 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
on or after such date by such state in support of intel-
ligence facilities in Cuba, including the intelligence facility
at Lourdes, Cuba.
‘‘(2)(A) The President may waive the requirement of
paragraph (1) to withhold assistance if the President cer-
tifies to the appropriate congressional committees that the
provision of such assistance is important to the national
security of the United States, and, in the case of such
a certification made with respect to Russia, if the Presi-
dent certifies that the Russian Government has assured
the United States Government that the Russian Govern-
ment is not sharing intelligence data collected at the
Lourdes facility with officials or agents of the Cuban Gov-
ernment.
‘‘(B) At the time of a certification made with respect
to Russia pursuant to subparagraph (A), the President
shall also submit to the appropriate congressional commit-
tees a report describing the intelligence activities of Russia
in Cuba, including the purposes for which the Lourdes fa-
cility is used by the Russian Government and the extent
to which the Russian Government provides payment or
government credits to the Cuban Government for the con-
tinued use of the Lourdes facility.
‘‘(C) The report required by subparagraph (B) may
be submitted in classified form.
‘‘(D) For purposes of this paragraph, the term ‘ap-
propriate congressional committees’ includes the Perma-
nent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence
of the Senate.
‘‘(3) The requirement of paragraph (1) to withhold
assistance shall not apply with respect to—
‘‘(A) assistance to meet urgent humanitarian
needs, including disaster and refugee relief;
‘‘(B) democratic political reform and rule of law
activities;
‘‘(C) technical assistance for safety upgrades of
civilian nuclear power plants;
‘‘(D) the creation of private sector and non-
governmental organizations that are independent of
government control;
‘‘(E) the development of a free market eco-
nomic system; and
‘‘(F) assistance for the purposes described in
the Cooperative Threat Reduction Act of 1993 (title
XII of Public Law 103–160).’’.
SEC. 107. TELEVISION BROADCASTING TO CUBA.
(a) CONVERSION
TO UHF.—The Director of the
United States Information Agency shall implement a con-
version of television broadcasting to Cuba under the Tele-
vision Marti Service to ultra high frequency (UHF) broad-
casting.
(b) PERIODIC REPORTS.—Not later than 45 days
after the date of the enactment of this Act, and every
three months thereafter until the conversion described in
subsection (a) is fully implemented, the Director of the
United States Information Agency shall submit a report
to the appropriate congressional committees on the
progress made in carrying out subsection (a).
(c) TERMINATION
OF
BROADCASTING
AUTHORI-
TIES.—Upon transmittal of a determination under section
203(c)(3), the Television Broadcasting to Cuba Act (22
U.S.C. 1465aa and following) and the Radio Broadcasting
to Cuba Act (22 U.S.C. 1465 and following) are repealed.
SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE RE-
CEIVED BY CUBA FROM OTHER FOREIGN
COUNTRIES.
(a) REPORTS REQUIRED.—Not later than 90 days
after the date of the enactment of this Act, and every year
thereafter, the President shall submit a report to the ap-
propriate congressional committees on assistance and
commerce received by 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 re-
port, contain the following, to the extent such information
is known:
(1) A description of all bilateral assistance pro-
vided to Cuba by other foreign countries, including
humanitarian assistance.
(2) A description of Cuba’s commerce with for-
eign countries, including an identification of Cuba’s
trading partners and the extent of such trade.
(3) A description of the joint ventures com-
pleted, or under consideration, by foreign nationals
involving facilities in Cuba, including an identifica-
tion 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 in-
volved.
(4) A determination whether or not any of the
facilities described in paragraph (3) is the subject of
a claim by a United States national.
(5) A determination of the amount of Cuban
debt owed to each foreign country, including—
(A) the amount of debt exchanged, for-
given, or reduced under the terms of each in-
vestment or operation in Cuba involving foreign
nationals; and
(B) the amount of debt owed to the foreign
country that has been exchanged, reduced, or
forgiven in return for a grant by the Cuban
Government of an equity interest in a property,
investment, or operation of the Cuban Govern-
ment or of a Cuban national.
(6) A description of the steps taken to ensure
that raw materials and semifinished or finished
goods produced by facilities in Cuba involving for-
eign nationals do not enter the United States mar-
ket, either directly or through third countries or par-
ties.
(7) An identification of countries that purchase,
or have purchased, arms or military supplies from
the Cuban Government or that otherwise have en-
tered into agreements with the Cuban Government
that have a military application, including—
(A) a description of the military supplies,
equipment, or other materiel sold, bartered, or
exchanged between the Cuban Government and
such countries;
(B) a listing of the goods, services, credits,
or other consideration received by the Cuban
Government in exchange for military supplies,
equipment, or materiel; and
(C) the terms or conditions of any such
agreement.
SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC
AND HUMAN RIGHTS GROUPS AND INTER-
NATIONAL OBSERVERS.
(a) AUTHORIZATION.—Notwithstanding any other
provision of law, except for section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394–1) and com-
parable notification requirements contained in any Act
making appropriations for foreign operations, export fi-
nancing, and related programs, the President is author-
ized to furnish assistance and provide other support for
individuals and independent nongovernmental organiza-
tions to support democracy-building efforts for Cuba, in-
cluding the following:
(1) Published and informational matter, such as
books, videos, and cassettes, on transitions to de-
mocracy, human rights, and market economies, to be
made available to independent democratic groups in
Cuba.
(2) Humanitarian assistance to victims of polit-
ical repression, and their families.
(3) Support for democratic and human rights
groups in Cuba.
(4) Support for visits and permanent deploy-
ment of independent international human rights
monitors in Cuba.
(b) OAS EMERGENCY FUND.—(1) The President
shall take the necessary steps to encourage the Organiza-
tion of American States to create a special emergency fund
for the explicit purpose of deploying human rights observ-
ers, election support, and election observation in Cuba.
(2) The President should instruct the United States
Permanent Representative to the Organization of Amer-
ican States to encourage other member states of the Orga-
nization to join in calling for the Cuban Government to
allow the immediate deployment of independent human
rights monitors of the Organization throughout Cuba and
on-site visits to Cuba by the Inter-American Commission
on Human Rights.
(3) Notwithstanding section 307 of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2227) or any other provi-
sion of law limiting the United States proportionate share
of assistance to Cuba by any international organization,
the President should provide not less than $5,000,000 of
the voluntary contributions of the United States to the
Organization of American States as of the date of the en-
actment of this Act solely for the purposes of the special
fund referred to in paragraph (1).
SEC. 110. WITHHOLDING OF FOREIGN ASSISTANCE FROM
COUNTRIES SUPPORTING NUCLEAR PLANT
IN CUBA.
(a) FINDINGS.—The Congress makes the following
findings:
(1) President Clinton stated in April 1993 that
‘‘the United States opposes the construction of the
Juragua nuclear power plant because of our con-
cerns about Cuba’s ability to ensure the safe oper-
ation of the facility and because of Cuba’s refusal to
sign the Nuclear Non-Proliferation Treaty or ratify
the Treaty of Tlatelolco.’’.
(2) Cuba has not signed the Treaty on the Non-
Proliferation of Nuclear Weapons or ratified the
Treaty of Tlatelolco, the latter of which establishes
Latin America and the Caribbean as a nuclear weap-
ons-free zone.
(3) The State Department, the Nuclear Regu-
latory Commission, and the Department of Energy
have expressed concerns about the construction and
operation of Cuba’s nuclear reactors.
(4) In a September 1992 report to Congress,
the General Accounting Office outlined concerns
among nuclear energy experts about deficiencies in
the nuclear plant project in Juragua, near Cienfue-
gos, Cuba, including—
(A) a lack in Cuba of a nuclear regulatory
structure;
(B) the absence in Cuba of an adequate in-
frastructure to ensure the plant’s safe operation
and requisite maintenance;
(C) the inadequacy of training of plant op-
erators;
(D) reports by a former technician from
Cuba who, by examining with x-rays weld sites
believed to be part of the auxiliary plumbing
system for the plant, found that 10 to 15 per-
cent of those sites were defective;
(E) since September 5, 1992, when con-
struction on the plant was halted, the prolonged
exposure to the elements, including corrosive
salt water vapor, of the primary reactor compo-
nents; and
(F) the possible inadequacy of the upper
portion of the reactors’ dome retention capabil-
ity to withstand only 7 pounds of pressure per
square inch, given that normal atmospheric
pressure is 32 pounds per square inch and
United States reactors are designed to accom-
modate pressures of 50 pounds per square inch.
(5) The United States Geological Survey claims
that it had difficulty determining answers to specific
questions regarding earthquake activity in the area
near Cienfuegos because the Cuban Government was
not forthcoming with information.
(6) The Geological Survey has indicated that
the Caribbean plate, a geological formation near the
south coast of Cuba, may pose seismic risks to Cuba
and the site of the power plant, and may produce
large to moderate earthquakes.
(7) On May 25, 1992, the Caribbean plate pro-
duced an earthquake numbering 7.0 on the Richter
scale.
(8) According to a study by the National Oce-
anic and Atmospheric Administration, summer
winds could carry radioactive pollutants from a nu-
clear accident at the power plant throughout all of
Florida and parts of the States on the gulf coast as
far as Texas, and northern winds could carry the
pollutants as far northeast as Virginia and Washing-
ton, D.C.
(9) The Cuban Government, under dictator
Fidel Castro, in 1962 advocated the Soviets’ launch-
ing of nuclear missiles to the United States, which
represented a direct and dangerous provocation of
the United States and brought the world to the
brink of a nuclear conflict.
(10) Fidel Castro over the years has consist-
ently issued threats against the United States Gov-
ernment, most recently that he would unleash an-
other perilous mass migration from Cuba upon the
enactment of this Act.
(11) Despite the various concerns about the
plant’s safety and operational problems, a feasibility
study is being conducted that would establish a sup-
port group to include Russia, Cuba, and third coun-
tries with the objective of completing and operating
the plant.
(b) WITHHOLDING OF FOREIGN ASSISTANCE.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the President shall withhold from
assistance allocated, on or after the date of the en-
actment of this Act, for any country an amount
equal to the sum of assistance and credits, if any,
provided on or after such date of enactment by that
country or any entity in that country in support of
the completion of the Cuban nuclear facility at
Juragua, near Cienfuegos, Cuba.
(2) EXCEPTIONS.—The requirement of para-
graph (1) to withhold assistance shall not apply with
respect to—
(A) assistance to meet urgent humani-
tarian needs, including disaster and refugee re-
lief;
(B) democratic political reform and rule of
law activities;
(C) the creation of private sector and non-
governmental organizations that are independ-
ent of government control;
(D) the development of a free market eco-
nomic system; and
(E) assistance for the purposes described
in the Cooperative Threat Reduction Act of
1993 (title XII of Public Law 103–160).
(3) DEFINITION.—As used in paragraph (1),
the term ‘‘assistance’’ means assistance under the
Foreign Assistance Act of 1961, credits, sales, and
guarantees of extensions of credit under the Arms
Export Control Act, assistance under titles I and III
of the Agricultural Trade Development and Assist-
ance Act of 1954, assistance under the FREEDOM
Support Act of 1992, and any other program of as-
sistance or credits provided by the United States to
other countries under other provisions of law, except
that the term ‘‘assistance’’ does not include humani-
tarian assistance, including disaster relief assistance.
SEC. 111. EXPULSION OF CRIMINALS FROM CUBA.
The President shall instruct all United States Gov-
ernment officials who engage in official conduct with the
Cuban Government to raise on a regular basis the extra-
dition of or rendering to the United States all persons re-
siding in Cuba who are sought by the United States De-
partment of Justice for crimes committed in the United
States.
TITLE II—ASSISTANCE TO A
FREE AND INDEPENDENT CUBA
SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT
AND A DEMOCRATICALLY ELECTED GOVERN-
MENT IN CUBA.
The policy of the United States is as follows:
(1) To support the self-determination of the
Cuban people.
(2) To recognize that the self-determination of
the Cuban people is a sovereign and national right
of the citizens of Cuba which must be exercised free
of interference by the government of any other coun-
try.
(3) To encourage the Cuban people to empower
themselves with a government which reflects the self-
determination of the Cuban people.
(4) To recognize the potential for a difficult
transition from the current regime in Cuba that may
result from the initiatives taken by the Cuban people
for self-determination in response to the intran-
sigence of the Castro regime in not allowing any
substantive political or economic reforms, and to be
prepared to provide the Cuban people with humani-
tarian, developmental, and other economic assist-
ance.
(5) In solidarity with the Cuban people, to pro-
vide appropriate forms of assistance—
(A) to a transition government in Cuba;
(B) to facilitate the rapid movement from
such a transition government to a democrat-
ically elected government in Cuba that results
from an expression of the self-determination of
the Cuban people; and
(C) to support such a democratically elect-
ed government.
(6) Through such assistance, to facilitate a
peaceful transition to representative democracy and
a market economy in Cuba and to consolidate de-
mocracy in Cuba.
(7) To deliver such assistance to the Cuban
people only through a transition government in
Cuba, through a democratically elected government
in Cuba, through United States Government organi-
zations, or through United States, international, or
indigenous nongovernmental organizations.
(8) To encourage other countries and multilat-
eral organizations to provide similar assistance, and
to work cooperatively with such countries and orga-
nizations to coordinate such assistance.
(9) To ensure that appropriate assistance is
rapidly provided and distributed to the people of
Cuba upon the institution of a transition govern-
ment in Cuba.
(10) Not to provide favorable treatment or in-
fluence on behalf of any individual or entity in the
selection by the Cuban people of their future govern-
ment.
(11) To assist a transition government in Cuba
and a democratically elected government in Cuba to
prepare the Cuban military forces for an appropriate
role in a democracy.
(12) To be prepared to enter into negotiations
with a democratically elected government in Cuba ei-
ther to return the United States Naval Base at
Guantanamo to Cuba or to renegotiate the present
agreement under mutually agreeable terms.
(13) To consider the restoration of diplomatic
recognition and support the reintegration of the
Cuban Government into Inter-American organiza-
tions when the President determines that there ex-
ists a democratically elected government in Cuba.
(14) To take steps to remove the economic em-
bargo of Cuba when the President determines that
a transition to a democratically elected government
in Cuba has begun.
(15) To assist a democratically elected govern-
ment in Cuba to strengthen and stabilize its national
currency.
(16) To pursue trade relations with a free,
democratic, and independent Cuba.
SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE.
(a) AUTHORIZATION.—
(1) IN GENERAL.—The President shall develop
a plan for providing economic assistance to Cuba at
such time as the President determines that a transi-
tion government or a democratically elected govern-
ment in Cuba (as determined under section 203(c))
is in power.
(2) EFFECT ON OTHER LAWS.—Assistance may
be provided under this section subject to an author-
ization of appropriations and subject to the availabil-
ity of appropriations.
(b) PLAN FOR ASSISTANCE.—
(1) DEVELOPMENT OF PLAN.—The President
shall develop a plan for providing assistance under
this section—
(A) to Cuba when a transition government
in Cuba is in power; and
(B) to Cuba when a democratically elected
government in Cuba is in power.
(2) TYPES OF ASSISTANCE.—Assistance under
the plan developed under paragraph (1) may, subject
to an authorization of appropriations and subject to
the availability of appropriations, include the follow-
ing:
(A) TRANSITION
GOVERNMENT.—(i) Ex-
cept as provided in clause (ii), assistance to
Cuba under a transition government shall, sub-
ject to an authorization of appropriations and
subject to the availability of appropriations, be
limited to—
(I) such food, medicine, medical sup-
plies and equipment, and assistance to
meet emergency energy needs, as is nec-
essary to meet the basic human needs of
the Cuban people; and
(II) assistance described in subpara-
graph (C).
(ii) Assistance provided only after the
President certifies to the appropriate congres-
sional committees, in accordance with proce-
dures applicable to reprogramming notifications
under section 634A of the Foreign Assistance
Act of 1961, that such assistance is essential to
the successful completion of the transition to
democracy.
(iii) Only after a transition government in
Cuba is in power, remittances by individuals to
their relatives of cash or goods, as well as free-
dom to travel to visit them without any restric-
tions, shall be permitted.
(B) DEMOCRATICALLY ELECTED GOVERN-
MENT.—Assistance to a democratically elected
government in Cuba may, subject to an author-
ization of appropriations and subject to the
availability of appropriations, consist of addi-
tional economic assistance, together with assist-
ance described in subparagraph (C). Such eco-
nomic assistance may include—
(i) assistance under chapter 1 of part
I (relating to development assistance), and
chapter 4 of part II (relating to the eco-
nomic support fund), of the Foreign As-
sistance Act of 1961;
(ii) assistance under the Agricultural
Trade Development and Assistance Act of
1954;
(iii) financing, guarantees, and other
forms of assistance provided by the Ex-
port-Import Bank of the United States;
(iv) financial support provided by the
Overseas Private Investment Corporation
for investment projects in Cuba;
(v) assistance provided by the Trade
and Development Agency;
(vi) Peace Corps programs; and
(vii) other appropriate assistance to
carry out the policy of section 201.
(C) 
MILITARY
ADJUSTMENT
ASSIST-
ANCE.—Assistance to a transition government
in Cuba and to a democratically elected govern-
ment in Cuba shall also include assistance in
preparing the Cuban military forces to adjust to
an appropriate role in a democracy.
(c) STRATEGY FOR DISTRIBUTION.—The plan devel-
oped under subsection (b) shall include a strategy for dis-
tributing assistance under the plan.
(d) DISTRIBUTION.—Assistance under the plan devel-
oped under subsection (b) shall be provided through
United States Government organizations and nongovern-
mental organizations and private and voluntary organiza-
tions, whether within or outside the United States, includ-
ing humanitarian, educational, labor, and private sector
organizations.
(e) INTERNATIONAL EFFORTS.—The President shall
take the necessary steps—
(1) to seek to obtain the agreement of other
countries and of international financial institutions
and multilateral organizations to provide to a transi-
tion government in Cuba, and to a democratically
elected government in Cuba, assistance comparable
to that provided by the United States under this
Act; and
(2) to work with such countries, institutions,
and organizations to coordinate all such assistance
programs.
(f) COMMUNICATION WITH THE CUBAN PEOPLE.—
The President shall take the necessary steps to commu-
nicate to the Cuban people the plan for assistance devel-
oped under this section.
(g) 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.
(h) TRADE AND INVESTMENT RELATIONS.—
(1) REPORT TO CONGRESS.—The President, fol-
lowing the transmittal to the Congress of a deter-
mination under section 203(c)(3) that a democrat-
ically elected government in Cuba is in power, shall
submit to the appropriate congressional committees
a report that describes—
(A) acts, policies, and practices that con-
stitute significant barriers to, or distortions of,
United States trade in goods or services or for-
eign direct investment with respect to Cuba;
(B) policy objectives of the United States
regarding trade relations with a democratically
elected government in Cuba, and the reasons
therefor, including possible—
(i) reciprocal extension of nondiscrim-
inatory trade treatment (most-favored-
nation treatment);
(ii) designation of Cuba as a bene-
ficiary developing country under title V of
the Trade Act of 1974 (relating to the
Generalized System of Preferences) or as a
beneficiary country under the Caribbean
Basin Economic Recovery Act, and the im-
plications of such designation with respect
to trade with any other country that is
such a beneficiary developing country or
beneficiary country or is a party to the
North American Free Trade Agreement;
and
(iii) negotiations regarding free trade,
including the accession of Cuba to the
North American Free Trade Agreement;
(C) specific trade negotiating objectives of
the United States with respect to Cuba, includ-
ing the objectives described in section 108(b)(5)
of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3317(b)(5));
and
(D) actions proposed or anticipated to be
undertaken, and any proposed legislation nec-
essary or appropriate, to achieve any of such
policy and negotiating objectives.
(2) CONSULTATIONS.—The President shall con-
sult with the appropriate congressional committees
and shall seek advice from the appropriate advisory
committees established under section 135 of the
Trade Act of 1974 regarding the policy and nego-
tiating objectives and the legislative proposals de-
scribed in paragraph (1).
SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IM-
PLEMENTATION 
AND 
REPORTS 
TO 
CON-
GRESS; REPROGRAMMING.
(a) COORDINATING OFFICIAL.—The President shall
designate a coordinating official who shall be responsible
for—
(1) implementing the strategy for distributing
assistance described in section 202(b);
(2) ensuring the speedy and efficient distribu-
tion of such assistance; and
(3) ensuring coordination among, and appro-
priate oversight by, the agencies of the United
States that provide assistance described in section
202(b), including resolving any disputes among such
agencies.
(b) UNITED STATES-CUBA COUNCIL.—Upon making
a determination under subsection (c)(3) that a democrat-
ically elected government in Cuba is in power, the Presi-
dent, after consultation with the coordinating official, is
authorized to designate a United States-Cuba council—
(1) to ensure coordination between the United
States Government and the private sector in re-
sponding to change in Cuba, and in promoting mar-
ket-based development in Cuba; and
(2) to establish periodic meetings between rep-
resentatives of the United States and Cuban private
sectors for the purpose of facilitating bilateral trade.
(c) IMPLEMENTATION OF PLAN; REPORTS TO CON-
GRESS.—
(1) IMPLEMENTATION WITH RESPECT TO TRAN-
SITION GOVERNMENT.—Upon making a determina-
tion that a transition government in Cuba is in
power, the President shall transmit that determina-
tion to the appropriate congressional committees and
shall, subject to an authorization of appropriations
and subject to the availability of appropriations,
commence the delivery and distribution of assistance
to such transition government under the plan devel-
oped under section 202(b).
(2) REPORTS TO CONGRESS.—(A) The Presi-
dent shall transmit to the appropriate congressional
committees a report setting forth the strategy for
providing assistance described in section 202(b)(2)
(A) and (C) 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 ac-
cordance with the plan.
and a description of the assistance to be provided
under the plan in the current fiscal year.
(d) REPROGRAMMING.—Any changes in the assist-
ance to be provided under the plan developed under sec-
tion 202(b) may not be made unless the President notifies
the appropriate congressional committees at least 15 days
in advance in accordance with the procedures applicable
to reprogramming notifications under section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).
SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF
CUBA.
(a) PRESIDENTIAL ACTIONS.—Upon submitting a de-
termination to the appropriate congressional committees
under section 203(c)(1) that a transition government in
Cuba is in power, the President, after consulting with the
Congress, is authorized to take steps to suspend the eco-
nomic embargo of Cuba to the extent that such action con-
tributes to a stable foundation for a democratically elected
government in Cuba.
(b) SUSPENSION
OF
CERTAIN
PROVISIONS
OF
LAW.—In carrying out subsection (a), the President may
suspend the enforcement of—
(1) section 620(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2370(a));
(2) section 620(f) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(f)) with regard to the ‘‘Re-
public of Cuba’’;
(3) sections 1704, 1705(d), and 1706 of the
Cuban Democracy Act (22 U.S.C. 6003, 6004(d),
6005);
(4) section 902(c) of the Food Security Act of
1985; and
(5) the prohibitions on transactions described in
part 515 of title 31, Code of Federal Regulations.
(c) ADDITIONAL PRESIDENTIAL ACTIONS.—Upon
submitting a determination to the appropriate congres-
sional committees under section 203(c)(3) that a demo-
cratically elected government in Cuba is in power, the
President shall take steps to terminate the economic em-
bargo of Cuba.
(d) CONFORMING AMENDMENTS.—On the date on
which the President submits a determination under sec-
tion 203(c)(3)—
(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) sections 1704, 1705(d), and 1706 of the
Cuban Democracy Act of 1992 (22 U.S.C. 6003,
6004(d), and 6005) are repealed; and
(4) section 902(c) of the Food Security Act of
1985 is repealed.
(e) REVIEW OF SUSPENSION OF ECONOMIC EMBAR-
GO.—
(1) REVIEW.—If the President takes action
under subsection (a) to suspend the economic em-
bargo of Cuba, the President shall immediately so
notify the Congress. The President shall report to
the Congress no less frequently than every 6 months
thereafter, until he submits a determination under
section 203(c)(3) that a democratically elected gov-
ernment in Cuba is in power, on the progress being
made by Cuba toward the establishment of such a
democratically elected government. The action of the
President under subsection (a) shall cease to be ef-
fective upon the enactment of a joint resolution de-
scribed in paragraph (2).
(2) JOINT RESOLUTIONS.—For purposes of this
subsection, the term ‘‘joint resolution’’ means only a
joint resolution of the 2 Houses of Congress, the
matter after the resolving clause of which is as fol-
lows: ‘‘That the Congress disapproves the action of
the President under section 204(a) of the Cuban
Liberty and Democratic Solidarity (LIBERTAD)
Act of 1995 to suspend the economic embargo of
Cuba, notice of which was submitted to the Congress
on ll.’’, with the blank space being filled with the
appropriate date.
(3) REFERRAL TO COMMITTEES.—Joint resolu-
tions introduced in the House of Representatives
shall be referred to the Committee on International
Relations and joint resolutions introduced in the
Senate shall be referred to the Committee on For-
eign Relations.
(4) PROCEDURES.—(A) Any joint resolution
shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of
1976.
(B) For the purpose of expediting the consider-
ation and enactment of joint resolutions, a motion to
proceed to the consideration of any joint resolution
after it has been reported by the appropriate com-
mittee shall be treated as highly privileged in the
House of Representatives.
(C) Not more than 1 joint resolution may be
considered in the House of Representatives and the
Senate in the 6-month period beginning on the date
on which the President notifies the Congress under
paragraph (1) of the action taken under subsection
(a), and in each 6-month period thereafter.
SEC. 205. REQUIREMENTS FOR A TRANSITION GOVERN-
MENT.
For purposes of this Act, a transition government in
Cuba is a government in Cuba which—
(1) is demonstrably in transition from com-
munist totalitarian dictatorship to representative de-
mocracy;
(2) has recognized the right to independent po-
litical activity and association;
(3) has released all political prisoners and al-
lowed for investigations of Cuban prisons by appro-
priate international human rights organizations;
(4) has ceased any interference with Radio or
Television Marti broadcasts;
(5) makes public commitments to and is mak-
ing demonstrable progress in—
(A) establishing an independent judiciary;
(B) dissolving the present Department of
State Security in the Cuban Ministry of the In-
terior, including the Committees for the De-
fense of the Revolution and the Rapid Response
Brigades;
(C) 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;
(D) effectively guaranteeing the rights of
free speech and freedom of the press;
(E) organizing free and fair elections for a
new government—
(i) to be held in a timely manner with-
in a period not to exceed 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, in-
cluding (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 super-
vision of internationally recognized observ-
ers, such as the Organization of American
States, the United Nations, and other elec-
tions monitors;
(F) assuring the right to private property;
(G) taking appropriate steps to return to
United States citizens (and entities which are
50 percent or more beneficially owned by Unit-
ed States citizens) property taken by the Cuban
Government from such citizens and entities on
or after January 1, 1959, or to provide equi-
table compensation to such citizens and entities
for such property;
(H) granting permits to privately owned
telecommunications and media companies to op-
erate in Cuba; and
(I) allowing the establishment of independ-
ent trade unions as set forth in conventions 87
and 98 of the International Labor Organiza-
tion, and allowing the establishment of inde-
pendent social, economic, and political associa-
tions;
(6) does not include Fidel Castro or Raul Cas-
tro;
(7) has given adequate assurances that it will
allow the speedy and efficient distribution of assist-
ance to the Cuban people;
(8) permits the deployment throughout Cuba of
independent and unfettered international human
rights monitors; and
(9) has extradited or otherwise rendered to the
United States all persons sought by the United
States Department of Justice for crimes committed
in the United States.
SEC. 206. REQUIREMENTS FOR A DEMOCRATICALLY ELECT-
ED 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 con-
ducted under the supervision of internationally rec-
ognized observers;
(2) has permitted opposition parties ample time
to organize and campaign for such elections, and has
permitted full access to the media to all candidates
in the elections;
(3) is showing respect for the basic civil lib-
erties and human rights of the citizens of Cuba;
(4) has made demonstrable progress in estab-
lishing an independent judiciary;
(5) is substantially moving toward a market-ori-
ented economic system;
(6) is committed to making constitutional
changes that would ensure regular free and fair elec-
tions that meet the requirements of paragraph (2);
and
(7) has made demonstrable progress in return-
ing to United States citizens (and entities which are
50 percent or more beneficially owned by United
States citizens) property taken by the Cuban Gov-
ernment from such citizens and entities on or after
January 1, 1959, or providing full compensation for
such property in accordance with international law
standards and practice.
TITLE 
III—PROTECTION 
OF
PROPERTY 
RIGHTS 
OF
UNITED STATES NATIONALS
AGAINST 
CONFISCATORY
TAKINGS BY THE CASTRO RE-
GIME
SEC. 301. STATEMENT OF POLICY.
The Congress makes the following findings:
(1) The right of individuals to hold and enjoy
property is a fundamental right recognized by the
United States Constitution and international human
rights law, including the Universal Declaration of
Human Rights.
(2) The illegal confiscation or taking of prop-
erty by governments, and the acquiescence of gov-
ernments in the confiscation of property by their
citizens, undermines the comity among nations, the
free flow of commerce, and economic development.
(3) It is in the interest of all nations to respect
equally the property rights of their citizens and na-
tionals of other countries.
(4) Nations that provide an effective mecha-
nism for prompt, adequate, and fair compensation
for the confiscation of private property will continue
to have the support of the United States.
(5) The United States Government has an obli-
gation to its citizens to provide protection against il-
legal confiscation by foreign nations and their citi-
zens, including the provision of private remedies.
(6) Nations that illegally confiscate private
property should not be immune to another nation’s
laws whose purpose is to protect against the
confiscation of lawfully acquired property by its citi-
zens.
(7) Trafficking in illegally acquired property is
a crime under the laws of the United States and
other nations, yet this same activity is allowed under
international law.
(8) International law, by not providing effective
remedies, condones the illegal confiscation of prop-
erty and allows for the unjust enrichment from the
use of confiscated property by governments and pri-
vate entities at the expense of those who hold legal
claim to the property.
(9) The development of an international mecha-
nism sanctioning those governments and private en-
tities that confiscate and unjustly use private prop-
erty so confiscated should be a priority objective of
United States foreign policy.
SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CON-
FISCATED FROM UNITED STATES NATIONALS.
(a) CIVIL REMEDY.—
(1) LIABILITY FOR TRAFFICKING.—(A) Except
as provided in paragraphs (3) and (4), any person,
including any agency or instrumentality of a foreign
state in the conduct of a commercial activity, that,
after the end of the 6-month period beginning on the
date of the enactment of this Act, traffics in con-
fiscated property shall be liable to any United States
national who owns the claim to such property for
money damages in an amount equal to the sum of—
(i) the amount which is the greater of—
(I) the amount, if any, certified to the
claimant by the Foreign Claims Settlement
Commission 
under 
the 
International
Claims Settlement Act of 1949, plus inter-
est;
(II) the amount determined under sec-
tion 303(a)(2), plus interest; or
(III) the fair market value of that
property, calculated as being the then cur-
rent value of the property, or the value of
the property when confiscated plus inter-
est, whichever is greater; and
(ii) reasonable costs and attorneys’ fees.
(B) Interest under subparagraph (A)(i) shall be
at the rate set forth in section 1961 of title 28,
United States Code, computed by the court from the
date of the confiscation of the property involved to
the date on which the action is brought under this
subsection.
(2) PRESUMPTION
IN
FAVOR
OF
CERTIFIED
CLAIMS.—There shall be a presumption that the
amount for which a person, including any agency or
instrumentality of a foreign state in the conduct of
a commercial activity, is liable under clause (i) of
paragraph (1)(A) is the amount that is certified
under subclause (I) of that clause. The presumption
shall be rebuttable by clear and convincing evidence
that the amount described in subclause (II) or (III)
of that clause is the appropriate amount of liability
under that clause.
(3) INCREASED
LIABILITY
FOR
PRIOR
NO-
TICE.—Except as provided in paragraph (4), any
person, including any agency or instrumentality of a
foreign state in the conduct of a commercial activity,
that traffics in confiscated property after having re-
ceived—
(A) notice of a claim to ownership of the
property by a United States national who owns
a claim to the confiscated property, and
(B) notice of the provisions of this section,
shall be liable to that United States national for
money damages in an amount which is the sum of
the amount equal to the amount determined under
paragraph (1)(A)(ii) plus triple the amount deter-
mined applicable under subclause (I), (II), or (III)
of paragraph (1)(A)(i).
(4) APPLICABILITY.—(A) Except as otherwise
provided in this paragraph, actions may be brought
under paragraph (1) with respect to property con-
fiscated before, on, or after the date of the enact-
ment of this Act.
(B) In the case of property confiscated before
the date of the enactment of this Act, no United
States national may bring an action under this sec-
tion unless such national 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 the enactment of this Act, no Unit-
ed States national who acquired ownership of a
claim to confiscated property by assignment for
value after such date of enactment may bring an ac-
tion on the claim under this section.
(5) TREATMENT OF CERTAIN ACTIONS.—(A) In
the case of any action brought under this section by
a United States national who was eligible to file the
underlying claim in the action with the Foreign
Claims Settlement Commission under title V of the
International Claims Settlement Act of 1949 but did
not so file the claim, the court may hear the case
only if the court determines that the United States
national had good cause for not filing the claim.
(B) In the case of any action brought under
this section by a United States national whose claim
in the action was timely filed with the Foreign
Claims Settlement Commission under title V of the
International Claims Settlement Act of 1949 but
was denied by the Commission, the court may assess
the basis for the denial and may accept the findings
of the Commission on the claim as conclusive in the
action under this section unless good cause justifies
another result.
(6) INAPPLICABILITY OF ACT OF STATE DOC-
TRINE.—No court of the United States shall decline,
based upon the act of state doctrine, to make a de-
termination on the merits in an action brought
under paragraph (1).
(b) DEFINITION.—As used in this subsection, the
term ‘‘agency or instrumentality of a foreign state’’ has
the meaning given that term in section 1603(b) of title
28, United States Code.
(c) JURISDICTION.—
(1) IN GENERAL.—Chapter 85 of title 28, Unit-
ed States Code, is amended by inserting after sec-
tion 1331 the following new section:
‘‘§ 1331a. Civil actions involving confiscated property
‘‘The district courts shall have exclusive jurisdiction
of any action brought under section 302 of the Cuban Lib-
erty and Democratic Solidarity (LIBERTAD) Act of
1995, regardless of the amount in controversy.’’.
(2) CONFORMING AMENDMENT.—The table of
sections for chapter 85 of title 28, United States
Code, is amended by inserting after the item relating
to section 1331 the following:
‘‘1331a. Civil actions involving confiscated property.’’.
(d) CERTAIN PROPERTY IMMUNE FROM EXECU-
TION.—Section 1611 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(c) Notwithstanding the provisions of section 1610
of this chapter, the property of a foreign state shall be
immune from attachment and from execution in an action
brought under section 302 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1995 to the
extent the property is a facility or installation used by an
accredited diplomatic mission for official purposes.’’.
(e) ELECTION OF REMEDIES.—
(1) ELECTION.—Subject to paragraph (2)—
(A) any United States national that brings
an action under this section may not bring any
other civil action or proceeding under the com-
mon law, Federal law, or the law of any of the
several States, the District of Columbia, or any
territory or possession of the United States,
that seeks monetary or nonmonetary compensa-
tion by reason of the same subject matter; and
(B) any person who brings, under the com-
mon law or any provision of law other than this
section, a civil action or proceeding for mone-
tary or nonmonetary compensation arising out
of a claim for which an action would otherwise
be cognizable under this section may not bring
an action under this section on that claim.
(2) TREATMENT OF CERTIFIED CLAIMANTS.—
In the case of any United States national that
brings an action under this section based on a claim
certified under title V of the International Claims
Settlement Act of 1949—
(A) if the recovery in the action is equal to
or greater than the amount of the certified
claim, the United States national may not re-
ceive payment on the claim under any agree-
ment entered into between the United States
and Cuba settling claims covered by such title,
and such national shall be deemed to have dis-
charged the United States from any further re-
sponsibility to represent the United States na-
tional with respect to that claim;
(B) if the recovery in the action is less
than the amount of the certified claim, the
United States national may receive payment
under a claims agreement described in subpara-
graph (A) but only to the extent of the dif-
ference between the amount of the recovery and
the amount of the certified claim; and
(C) if there is no recovery in the action,
the United States national may receive payment
on the certified claim under a claims agreement
described in subparagraph (A) to the same ex-
tent as any certified claimant who does not
bring an action under this section.
(f) DEPOSIT OF EXCESS PAYMENTS BY CUBA UNDER
CLAIMS AGREEMENT.—Any amounts paid by Cuba under
any agreement entered into between the United States and
Cuba settling certified claims under title V of the Inter-
national Claims Settlement Act of 1949 that are in excess
of the payments made on such certified claims after the
application of subsection (e) shall be deposited into the
United States Treasury.
(g) TERMINATION OF RIGHTS.—
(1) IN GENERAL.—All rights created under this
section to bring an action for money damages with
respect to property confiscated before the date of the
enactment of this Act shall cease upon the transmit-
tal to the Congress of a determination of the Presi-
dent under section 203(c)(3).
(2) PENDING SUITS.—The termination of rights
under paragraph (1) shall not affect suits com-
menced before the date of such termination, and in
all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner
and with the same effect as if this subsection had
not been enacted.
SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED
PROPERTY.
(a) EVIDENCE OF OWNERSHIP.—
(1) CONCLUSIVENESS OF CERTIFIED CLAIMS.—
In any action brought under this title, the courts
shall accept as conclusive proof of ownership a cer-
tification of a claim to ownership that has been
made by the Foreign Claims Settlement Commission
pursuant to title V of the International Claims Set-
tlement Act of 1949 (22 U.S.C. 1643 and following).
(2) CLAIMS NOT CERTIFIED.—In the case of a
claim that has not been certified by the Foreign
Claims Settlement Commission before the enactment
of this Act, a court may appoint a special master,
including the Foreign Claims Settlement Commis-
sion, to make determinations regarding the amount
and validity of claims to ownership of confiscated
property. Such determinations are only for evi-
dentiary purposes in civil actions brought under this
title and do not constitute certifications pursuant to
title V of the International Claims Settlement Act of
1949.
(3) EFFECT OF DETERMINATIONS OF FOREIGN
ENTITIES.—In determining ownership, courts shall
not accept as conclusive evidence of ownership any
findings, orders, judgments, or decrees from admin-
istrative agencies or courts of foreign countries or
international organizations that invalidate the claim
held by a United States national, unless the invali-
dation was found pursuant to binding international
arbitration to which United States national submit-
ted the claim.
(b) AMENDMENT OF THE INTERNATIONAL CLAIMS
SETTLEMENT ACT OF 1949.—Title V of the International
Claims Settlement Act of 1949 (22 U.S.C. 1643 and fol-
lowing) is amended by adding at the end the following new
section:
‘‘EVALUATION OF OWNERSHIP CLAIMS REFERRED BY
DISTRICT COURTS OF THE UNITED STATES
‘‘SEC. 514. Notwithstanding any other provision of
this title and only for purposes of section 302 of the
Cuban Liberty and Solidarity (LIBERTAD) Act, a United
States district court, for fact-finding purposes, may refer
to the Commission, and the Commission may determine,
questions of the amount and ownership of a claim by a
United States national (as defined in section 4 of the
Cuban Liberty and Solidarity (LIBERTAD) Act) result-
ing from the confiscation of property by the Government
of Cuba described in section 503(a), whether or not the
United States national qualified as a national of the
United States (as defined in section 502(1)) at the time
of the action by the Government of Cuba.’’.
(c) RULE OF CONSTRUCTION.—Nothing in this Act
or section 514 of the International Claims Settlement Act
of 1949, as added by subsection (b), shall be construed—
(1) to require or otherwise authorize the claims
of Cuban nationals who became United States citi-
zens after their property was confiscated to be in-
cluded in the claims certified to the Secretary of
State by the Foreign Claims Settlement Commission
for purposes of future negotiation and espousal of
claims with a friendly government in Cuba when dip-
lomatic relations are restored; or
(2) as superseding, amending, or otherwise al-
tering certifications that have been made pursuant
to title V of the International Claims Settlement Act
of 1949 before the enactment of this Act.
SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT
COMMISSION CERTIFICATION PROCEDURE.
Title V of the International Claims Settlement Act
of 1949 (22 U.S.C. 1643 and following), as amended by
section 303, is further amended by adding at the end the
following new section:
‘‘EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT
COMMISSION CERTIFICATION PROCEDURE
‘‘SEC. 515. (a) Subject to subsection (b), neither any
national of the United States who was eligible to file a
claim under section 503 but did not timely file such claim
under that section, nor any national of the United States
(on the date of the enactment of this section) who was
not eligible to file a claim under that section, nor any na-
tional of Cuba, including any agency, instrumentality, sub-
division, or enterprise of the Government of Cuba or any
local government of Cuba in place on the date of the enact-
ment of this section, nor any successor thereto, whether
or not recognized by the United States, shall have a claim
to, participate in, or otherwise have an interest in, the
compensation proceeds or other nonmonetary compensa-
tion paid or allocated to a national of the United States
by virtue of a claim certified by the Commission under
section 507, nor shall any court of the United States or
any State court have jurisdiction to adjudicate any such
claim.
‘‘(b) Nothing in subsection (a) shall be construed to
detract from or otherwise affect any rights in the shares
of the capital stock of nationals of the United States own-
ing claims certified by the Commission under section
507.’’.
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.
(a) GROUNDS FOR EXCLUSION.—The Secretary of
State, in consultation with the Attorney General, shall ex-
clude from the United States any alien who the Secretary
of State determines is a person who—
(1) has confiscated, or has directed or overseen
the confiscation of, property a claim to which is
owned by a United States national, or converts or
has converted for personal gain confiscated property,
a claim to which is owned by a United States na-
tional;
(2) traffics in confiscated property, a claim to
which is owned by a United States national;
(3) is a corporate officer, principal, or share-
holder with a controlling interest of an entity which
has been involved in the confiscation of property or
trafficking in confiscated property, a claim to which
is owned by a United States national; or
(4) is a spouse, minor child, or agent of a per-
son excludable under paragraph (1), (2), or (3).
(b) DEFINITIONS.—As used in this section, the fol-
lowing terms have the following meanings:
(1) CONFISCATED; CONFISCATION.—The terms
‘‘confiscated’’ and ‘‘confiscation’’ refer to—
(A) the nationalization, expropriation, or
other seizure by foreign governmental authority
of ownership or control of property on or after
January 1, 1959—
(i) without the property having been
returned or adequate and effective com-
pensation provided; or
(ii) without the claim to the property
having been settled pursuant to an inter-
national claims settlement agreement or
other mutually accepted settlement proce-
dure; and
(B) the repudiation by foreign govern-
mental authority of, the default by foreign gov-
ernmental authority on, or the failure by for-
eign governmental authority to pay, on or after
January 1, 1959—
(i) a debt of any enterprise which has
been nationalized, expropriated, or other-
wise taken by foreign governmental author-
ity;
(ii) a debt which is a charge on prop-
erty nationalized, expropriated, or other-
wise taken by foreign governmental author-
ity; or
(iii) a debt which was incurred by for-
eign governmental authority in satisfaction
or settlement of a confiscated property
claim.
(2) PROPERTY.—The term ‘‘property’’ does not
include claims arising from a territory in dispute as
a result of war between United Nations member
states in which the ultimate resolution of the dis-
puted territory has not been resolved.
(3) TRAFFICS.—(A) A person or entity ‘‘traf-
fics’’ in property if that person or entity knowingly
and intentionally—
(i) sells, transfers, distributes, dispenses,
brokers, manages, or otherwise disposes of con-
fiscated property, or purchases, leases, receives,
possesses, obtains control of, manages, uses, or
otherwise acquires or holds an interest in con-
fiscated property,
(ii) engages in a commercial activity using
or otherwise benefiting from confiscated prop-
erty, or
(iii) causes, directs, participates in, or
profits from, trafficking (as described in clauses
(i) and (ii)) by another person, or otherwise en-
gages in trafficking (as described in clauses (i)
and (ii)) through another person,
without the authorization of the United States na-
tional who holds a claim to the property.
(B) The term ‘‘traffics’’ does not include—
(i) the delivery of international tele-
communication signals to Cuba that are author-
ized by section 1705(e) of the Cuban Democ-
racy Act of 1992 (22 U.S.C. 6004(e)); or
(ii) the trading or holding of securities
publicly traded or held, unless the trading is
with or by a person determined by the Sec-
retary of the Treasury to be a specially des-
ignated national.
(c) NATIONAL INTEREST EXEMPTION.—This section
shall not apply where the Secretary of State finds, on a