H. R. 927—39
(b) DEFINITIONS.—As used in this section, the following terms
have the following meanings:
(1) CONFISCATED; CONFISCATION.—The terms ‘‘confiscated’’
and ‘‘confiscation’’ refer to—
(A) the nationalization, expropriation, or other seizure
by the Cuban Government of ownership or control of prop-
erty—
(i) without the property having been returned or
adequate and effective compensation provided; or
(ii) without the claim to the property having been
settled pursuant to an international claims settlement
agreement or other mutually accepted settlement
procedure; and
(B) the repudiation by the Cuban Government of, the
default by the Cuban Government on, or the failure of
the Cuban Government to pay—
(i) a debt of any enterprise which has been
nationalized, expropriated, or otherwise taken by the
Cuban Government;
(ii) a debt which is a charge on property national-
ized, expropriated, or otherwise taken by the Cuban
Government; or
(iii) a debt which was incurred by the Cuban
Government in satisfaction or settlement of a con-
fiscated property claim.
(2) TRAFFICS.—(A) Except as provided in subparagraph (B),
a person ‘‘traffics’’ in confiscated property if that person know-
ingly and intentionally—
(i)(I) transfers, distributes, dispenses, brokers, or other-
wise disposes of confiscated property,
(II) purchases, receives, obtains control of, or otherwise
acquires confiscated property, or
(III) improves (other than for routine maintenance),
invests in (by contribution of funds or anything of value,
other than for routine maintenance), or begins after the
date of the enactment of this Act to manage, lease, possess,
use, or hold an interest in confiscated property,
(ii) enters into a commercial arrangement using or
otherwise benefiting from confiscated property, or
(iii) causes, directs, participates in, or profits from,
trafficking (as described in clause (i) or (ii)) by another
person, or otherwise engages in trafficking (as described
in clause (i) or (ii)) through another person,
without the authorization of any United States national who
holds a claim to the property.
(B) The term ‘‘traffics’’ does not include—
(i) the delivery of international telecommunication sig-
nals to Cuba;
(ii) the trading or holding of securities publicly traded
or held, unless the trading is with or by a person deter-
mined by the Secretary of the Treasury to be a specially
designated national;
(iii) transactions and uses of property incident to lawful
travel to Cuba, to the extent that such transactions and
uses of property are necessary to the conduct of such travel;
or
H. R. 927—40
(iv) transactions and uses of property by a person
who is both a citizen of Cuba and a resident of Cuba,
and who is not an official of the Cuban Government or
the ruling political party in Cuba.
(c) EXEMPTION.—This section shall not apply where the Sec-
retary of State finds, on a case by case basis, that the entry
into the United States of the person who would otherwise be
excluded under this section is necessary for medical reasons or
for purposes of litigation of an action under title III.
(d) EFFECTIVE DATE.—
(1) IN
GENERAL.—This section applies to aliens seeking
to enter the United States on or after the date of the enactment
of this Act.
(2) TRAFFICKING.—This section applies only with respect
to acts within the meaning of ‘‘traffics’’ that occur on or after
the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.