Sec. 303. Claims to confiscated 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 policy of the Russian Government
and the countries of the former Soviet bloc to
conduct economic relations with Cuba on strict-
ly 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 violation of fundamental human rights
has isolated the Cuban regime as the only completely
nondemocratic government in the Western Hemi-
sphere.
(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 Government of Cuba engages in the
illegal international narcotics trade and harbors fu-
gitives 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
taken the extraordinary step of appointing a Special
Rapporteur.
(21) The Government of Cuba has consistently
refused access to the Special Rapporteur and for-
mally expressed its decision not to ‘‘implement so
much as one comma’’ of the United Nations Reso-
lutions appointing the Rapporteur.
(22) The United Nations General Assembly
passed Resolution 1992/70 on December 4, 1992,
Resolution 1993/48/142 on December 20, 1993, and
Resolution 1994/49/544 on October 19, 1994, ref-
erencing the Special Rapporteur’s reports to the
United Nations and condemning ‘‘violations of
human rights and fundamental freedoms’’ in Cuba.
(23) Article 39 of Chapter VII of the United
Nations Charter provides that the United Nations
Security Council ‘‘shall determine the existence of
any threat to the peace, breach of the peace, or act
of aggression and shall make recommendations, or
decide what measures shall be taken . . . , to main-
tain or restore international peace and security.’’.
(24) The United Nations has determined that
massive and systematic violations of human rights
may constitute a ‘‘threat to peace’’ under Article 39
and has imposed sanctions due to such violations of
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.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To seek international sanctions against the
Castro government in Cuba.
(2) To encourage the holding of free and fair,
democratic elections in Cuba, conducted under the
supervision of internationally recognized observers.
(3) 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.
(4) To protect property rights abroad of United
States nationals.
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 and the Committee on Appropriations of the
House of Representatives and the Committee on
Foreign Relations and the Committee on Appropria-
tions of the Senate.
(2) CONFISCATED.—The term ‘‘confiscated’’ re-
fers to the nationalization, expropriation, or other
seizure of ownership or control of property by gov-
ernmental authority—
(A) without adequate and effective com-
pensation or otherwise 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 hav-
ing been settled pursuant to an international
claims settlement agreement.
(3) CUBAN GOVERNMENT.—The term ‘‘Cuban
government’’ includes the government of any politi-
cal subdivision, agency, or instrumentality of the
Government of Cuba.
(4) DEMOCRATICALLY ELECTED GOVERNMENT
IN CUBA.—The term ‘‘democratically elected govern-
ment in Cuba’’ means a government described in
section 207.
(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 Inter-
national Emergency Economic Powers Act, and the
Export Administration Act of 1979.
(6) PROPERTY.—The term ‘‘property’’ means—
(A) any property, right, or interest, includ-
ing any leasehold interest,
(B) debts owed by the Cuban government
or by any enterprise which has been confiscated
by the Cuban government; and
(C) debts which are a charge on property
confiscated by the Cuban government.
(7) TRAFFICS.—The term ‘‘traffics’’ means to
sell, transfer, distribute, dispense, or otherwise dis-
pose of property, or to purchase, receive, possess, ob-
tain control of, manage, or use property.
(8) TRANSITION GOVERNMENT IN CUBA.—The
term ‘‘transition government in Cuba’’ means a gov-
ernment described in section 206.
(9) 
UNITED
STATES
PERSON.—The 
term
‘‘United States person’’ means (A) any United
States citizen, and (B) any corporation, trust, part-
nership, or other juridical entity 50 percent or more
beneficially owned by United States citizens.
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 govern-
ment of Cuba pursuant to chapter VII of the Char-
ter of the United Nations, which is similar to meas-
ures taken by United States representatives with re-
spect 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
such 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 such 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—
(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 should
instruct the Secretary of the Treasury and the Attorney
General to enforce fully the Cuban Assets Control Regula-
tions 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 Regula-
tions (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
THE CASTRO DICTATORSHIP.
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, no loan, credit, or other financing may be ex-
tended by a United States person or by a United States
agency 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 as of the date of enact-
ment of this Act.
(b) TERMINATION OF SANCTION.—The sanction of
subsection (a) shall cease to apply on the date of termi-
nation of the economic embargo of Cuba.
(c) PENALTIES.—Violations of subsection (a) shall be
punishable by the same penalties as are applicable to simi-
lar 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 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 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
is in power in Cuba, the President shall take steps to sup-
port the processing of Cuba’s application for membership
in any international financial institution subject to the
membership taking effect after a democratically elected
government is in power in Cuba.
(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 to the Cuban gov-
ernment, 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. ASSISTANCE BY THE INDEPENDENT STATES OF
THE FORMER SOVIET UNION OF THE GOV-
ERNMENT 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 per-
sonnel 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)(1)) 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 the 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 Govern-
ment 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 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 Government of Cuba
on terms that involve a grant, concessional
price, guaranty, 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 fi-
nance costs.’’.
(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
MILITARY AND INTELLIGENCE FACILITIES IN CUBA.—(1)
Notwithstanding any other provision of law, the President
shall withhold from assistance allocated for an independ-
ent 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 in-
telligence facilities in Cuba, including the intelligence facil-
ity at Lourdes, Cuba.
‘‘(2) Nothing in this subsection may be construed to
apply to—
‘‘(A) assistance provided under the Soviet Nu-
clear Threat Reduction Act of 1991 (title II of Pub-
lic Law 102–228) or the Cooperative Threat Reduc-
tion Act of 1993 (title XII of Public Law 103–160);
or
‘‘(B) assistance to meet urgent humanitarian
needs under section 498(1), including disaster as-
sistance described in subsection (c)(3) of this sec-
tion.’’.
SEC. 106. 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 enactment of this Act, and every three
months thereafter until the conversion described in sub-
section (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. 107. 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 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:
(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
and business firms involving facilities in Cuba, in-
cluding an identification of the location of the facili-
ties involved and a description of the terms of agree-
ment of the joint ventures and the names of the par-
ties that are involved.
(4) A determination 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.
(6) A description of the steps taken to assure
that raw materials and semifinished or finished
goods produced by facilities in Cuba involving for-
eign nationals or businesses do not enter the United
States market, either directly or through third coun-
tries or parties.
SEC. 108. 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, con-
ducted under the supervision of internationally recognized
observers, are held in Cuba. Such certification shall cease
to be effective if the President makes a subsequent deter-
mination under subsection (a) with respect to that coun-
try.
(c) REPORTS TO CONGRESS.—The President shall re-
port to the appropriate congressional committees all deter-
minations 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 molas-
ses allocated to that country, before the prohibition went
into effect, under chapter 17 of the Harmonized Tariff
Schedule of 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 emergency relief assistance to a transition gov-
ernment in Cuba and long-term assistance to a
democratically elected government in Cuba that re-
sult from an expression of the self-determination of
the Cuban people.
(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, 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 emergency relief is rapidly
implemented and distributed to the people of Cuba
upon the institution of a transition government 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
there exists a democratically elected government in
Cuba.
(15) To assist a democratically elected govern-
ment in Cuba to strengthen and stabilize its national
currency.
(16) To pursue the extension of the North
American Free Trade Agreement to a free, demo-
cratic, and independent Cuba or to seek the creation
of an economic community with a free, democratic,
and independent Cuba.
SEC. 202. AUTHORIZATION OF 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 (as determined under section 203(c)) is in
power in Cuba.
(2) EFFECT ON OTHER LAWS.—
(A) SUPERSEDING OTHER LAWS.—Subject
to subparagraph (B), assistance may be pro-
vided under this section notwithstanding any
other provision of law.
(B) DETERMINATION REQUIRED REGARD-
ING 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) PLAN FOR ASSISTANCE.—
(1) DEVELOPMENT OF PLAN.—The President
shall develop a plan for providing assistance under
this section—
(A) to a transition government in Cuba;
and
(B) to a democratically elected government
in Cuba.
(2) TYPES OF ASSISTANCE.—Assistance under
the plan developed under paragraph (1) shall include
the following:
(A) TRANSITION
GOVERNMENT.—(i) Ex-
cept as provided in clause (ii), assistance under
the plan to a transition government in Cuba
shall 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 under the plan to a transi-
tion government in Cuba may include assistance
for activities comparable to those set forth in
section 498 of the Foreign Assistance Act of
1961 (22 U.S.C. 2295) (other than paragraph
(9) of such section).
(B) DEMOCRATICALLY ELECTED GOVERN-
MENT.—Assistance under the plan to a demo-
cratically elected government in Cuba shall con-
sist of additional economic assistance, together
with assistance described in subparagraph (C).
Such economic 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;
(vii) relief of Cuba’s external debt;
and
(viii) other appropriate assistance to
carry out the policy of section 201.
(C) 
MILITARY
ADJUSTMENT
ASSIST-
ANCE.—Assistance under the plan to a transi-
tion government in Cuba and to a democrat-
ically elected government in Cuba shall also in-
clude assistance in preparing the Cuban mili-
tary 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.—The plan developed under sub-
section (b) shall authorize assistance under the plan to
be provided through nongovernmental organizations and
private and voluntary organizations, whether within or
outside the United States, including humanitarian, edu-
cational, labor, and private sector organizations.
(e) INTERNATIONAL EFFORTS.—
(1) The President shall take the necessary
steps—
(A) to seek to obtain the agreement of
other countries and of international financial
institutions and multilateral organizations to
provide to a transition government in Cuba,
and to a democratically elected government in
Cuba, assistance comparable to that provided
by the United States under this Act; and
(B) to work with such countries, institu-
tions, and organizations to coordinate all such
assistance programs.
(2)(A) The President shall take the necessary
steps to encourage the Organization of American
States to create a special emergency fund for the ex-
plicit purpose of deploying human rights observers,
election support, and election observation in Cuba.
(B) The President should instruct the United
States Permanent Representative to the Organiza-
tion of American States to encourage other member
states of the Organization to join in calling for the
Cuban Government to allow the immediate deploy-
ment of independent human rights monitors of the
Organization throughout Cuba and on-site visits to
Cuba by the Inter-American Commission on Human
Rights.
(C) The President shall withhold from payment
to the Organization of American States not less than
$5,000,000 of the arrearages of the United States to
the Organization of American States as of the date
of enactment of this Act until the Organization of
American States agrees to make available an equiva-
lent amount solely for the purposes of the special
fund.
(f) CARIBBEAN BASIN INITIATIVE.—The President
shall determine, as part of the assistance plan developed
under subsection (b), whether or not to designate Cuba
as a beneficiary country under section 212 of the Carib-
bean 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 is in power. Such des-
ignation may be made notwithstanding any other provision
of law.
(3) The table contained in section 212(b) of the Car-
ibbean Basin Economic Recovery Act (19 U.S.C. 2702(b))
is amended by inserting ‘‘Cuba’’ between ‘‘Costa Rica’’
and ‘‘Dominica’’.
(g) TRADE AGREEMENTS.—The President, upon
transmittal to Congress of a determination under section
203(c)(3) that a democratically elected government in
Cuba is in power—
(1) shall take the necessary steps to enter into
a preliminary agreement with such government in
Cuba providing for extension of the North American
Free Trade Agreement to a free and independent
Cuba or to seek the creation of an economic commu-
nity with a free, democratic, and independent Cuba;
and
(2) is authorized to enter into negotiations with
a democratic government in Cuba to provide for the
extension of the North American Free Trade Agree-
ment (NAFTA) to Cuba or to seek the creation of
an economic community with a free, democratic, and
independent Cuba and to take such other steps as
will encourage renewed investment in Cuba.
(h) 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.
(i) 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. 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 under the plan developed under 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 under the plan, in-
cluding 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 is in power in Cuba, the Presi-
dent, after consultation with the coordinating official, shall
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 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.
(B) The President shall transmit the report not
later than 90 days after making the determination
referred to in paragraph (1), except that the Presi-
dent shall transmit the report in preliminary form
not later than 15 days after making that determina-
tion.
(3) 
IMPLEMENTATION
WITH
RESPECT
TO
DEMOCRATICALLY
ELECTED
GOVERNMENT.—The
President shall, upon determining that a democrat-
ically elected government in Cuba is in power, sub-
mit that determination to the appropriate congres-
sional committees and shall, subject to the availabil-
ity of appropriations, commence the delivery and dis-
tribution of assistance to such democratically elected
government under the plan developed under section
202(b).
(4) ANNUAL
REPORTS
TO
CONGRESS.—Not
later than 60 days after the end of each fiscal year,
the President shall transmit to the appropriate con-
gressional committees a report on the assistance
provided under the plan developed under section
202(b), including a description of each type of as-
sistance, the amounts expended for such assistance,
and a description of the assistance to be provided
under the plan in the current fiscal year.
(d) REPROGRAMMING.—Any changes in the 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.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Presi-
dent such sums as may be necessary to carry out this Act.
SEC. 205. TERMINATION OF THE ECONOMIC EMBARGO OF
CUBA.
Upon submitting a determination to the appropriate
congressional committees under section 203(c)(3) that a
democratically elected government in Cuba is in power, the
President shall take steps to terminate the economic em-
bargo of Cuba.
SEC. 206. 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 legalized all political activity;
(3) has released all political prisoners and al-
lowed for investigations of Cuban prisons by appro-
priate international human rights organizations;
(4) 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 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, 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 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) granting permits to privately owned
telecommunications and media companies to op-
erate in Cuba; and
(I) allowing the establishment of an inde-
pendent labor movement and of independent so-
cial, economic, and political associations;
(5) does not include Fidel Castro or Raul Cas-
tro;
(6) has given adequate assurances that it will
allow the speedy and efficient distribution of assist-
ance to the Cuban people; and
(7) permits the deployment throughout Cuba of
independent and unfettered international human
rights monitors.
SEC. 207. 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 206, 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; and
(6) is committed to making constitutional
changes that would ensure regular free and fair elec-
tions that meet the requirements of paragraph (2).
TITLE 
III—PROTECTION 
OF
AMERICAN 
PROPERTY
RIGHTS ABROAD
SEC. 301. EXCLUSION FROM THE UNITED STATES OF
ALIENS WHO HAVE CONFISCATED PROPERTY
OF UNITED STATES NATIONALS.
(a) ADDITIONAL GROUNDS FOR EXCLUSION.—Sec-
tion 212(a)(9) of the Immigration and Nationality Act (8
U.S.C. 1182(a)) is amended by adding at the end the fol-
lowing:
‘‘(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 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 child of a person
described in subclause (I),
is excludable.
‘‘(ii) The validity of claims under this sub-
paragraph 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 Lib-
erty and Democratic Solidarity (LIBERTAD)
Act of 1995.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to individuals entering the Unit-
ed States on or after the date of enactment of this Act.
SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CON-
FISCATED FROM UNITED STATES NATIONALS.
(a) CIVIL REMEDY.—(1) Except as provided in para-
graphs (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 Inter-
national Claims Settlement Act of 1949, plus inter-
est at the commercially recognized normal rate;
(B) the amount determined under section
303(a)(2); or
(C) the fair market value of that property, cal-
culated as being the then current value of the prop-
erty, 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 speci-
fied 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 prop-
erty 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 any available local remedies.
(b) JURISDICTION.—Chapter 85 of title 28, United
States Code, is amended by inserting after section 1331
the following new section:
‘‘§ 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 para-
graph (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. 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 estab-
lished—
(1) when the Foreign Claims Settlement Com-
mission certifies the claim under title V of the Inter-
national 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 na-
tional 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.’’.
Æ
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