dreamproit/uscode huggingface dataset:
22 U.S.C. § 6022 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6022. Purposes
The purposes of this chapter are—
(1) to assist the Cuban people in regaining their freedom and prosperity, as well as in joining the community of democratic countries that are flourishing in the Western Hemisphere;
(2) to strengthen international sanctions against the Castro government;
(3) to provide for the continued national security of the United States in the face of continuing threats from the Castro government of terrorism, theft of property from United States nationals by the Castro government, and the political manipulation by the Castro government of the desire of Cubans to escape that results in mass migration to the United States;
(4) to encourage the holding of free and fair democratic elections in Cuba, conducted under the supervision of internationally recognized observers;
(5) to provide a policy framework for United States support to the Cuban people in response to the formation of a transition government or a democratically elected government in Cuba; and
(6) to protect United States nationals against confiscatory takings and the wrongful trafficking in property confiscated by the Castro regime.
(Pub. L. 104–114, § 3, Mar. 12, 1996, 110 Stat. 788.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 785, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6021 of this title and Tables.
22 U.S.C. § 6024 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6024. Severability
If any provision of this chapter or the amendments made by this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, the amendments made by this chapter, or the application thereof to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.
(Pub. L. 104–114, § 5, Mar. 12, 1996, 110 Stat. 791.)
22 U.S.C. § 6031 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6031. Statement of policy
It is the sense of the Congress that—
(1) the acts of the Castro government, including its massive, systematic, and extraordinary violations of human rights, are a threat to international peace;
(2) the President should advocate, and should instruct the United States Permanent Representative to the United Nations to propose and seek within the Security Council, a mandatory international embargo against the totalitarian Cuban Government pursuant to chapter VII of the Charter of the United Nations, employing efforts similar to consultations conducted by United States representatives with respect to Haiti;
(3) any resumption of efforts by any independent state of the former Soviet Union to make operational any nuclear facilities in Cuba, and any continuation of intelligence activities by such a state from Cuba that are targeted at the United States and its citizens will have a detrimental impact on United States assistance to such state; and
(4) in view of the threat to the national security posed by the operation of any nuclear facility, and the Castro government’s continuing blackmail to unleash another wave of Cuban refugees fleeing from Castro’s oppression, most of whom find their way to United States shores, further depleting limited humanitarian and other resources of the United States, the President should do all in his power to make it clear to the Cuban Government that—
(A) the completion and operation of any nuclear power facility, or
(B) any further political manipulation of the desire of Cubans to escape that results in mass migration to the United States,
will be considered an act of aggression which will be met with an appropriate response in order to maintain the security of the national borders of the United States and the health and safety of the American people.
(Pub. L. 104–114, title I, § 101, Mar. 12, 1996, 110 Stat. 791.)
22 U.S.C. § 6032 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6032. Enforcement of economic embargo of Cuba
(a) Policy
(1) Restrictions by other countries
The Congress hereby reaffirms section 1704(a) of the Cuban Democracy Act of 1992 [22 U.S.C. 6003(a)], which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba in a manner consistent with the purposes of that Act [22 U.S.C. 6001 et seq.].
(2) Sanctions on other countries
The Congress further urges the President to take immediate steps to apply the sanctions described in section 1704(b)(1) of that Act [22 U.S.C. 6003(b)(1)] against countries assisting Cuba.
(b) Diplomatic efforts
The Secretary of State should ensure that United States diplomatic personnel abroad understand and, in their contacts with foreign officials, are communicating the reasons for the United States economic embargo of Cuba, and are urging foreign governments to cooperate more effectively with the embargo.
(c) Existing regulations
The President shall instruct the Secretary of the Treasury and the Attorney General to enforce fully the Cuban Assets Control Regulations set forth in part 515 of title 31, Code of Federal Regulations.
(d) Omitted
(e) Denial of visas to certain Cuban nationals
It is the sense of the Congress that the President should instruct the Secretary of State and the Attorney General to enforce fully existing regulations to deny visas to Cuban nationals considered by the Secretary of State to be officers or employees of the Cuban Government or of the Communist Party of Cuba.
(f) , (g) Omitted
(h) Codification of economic embargo
The economic embargo of Cuba, as in effect on March 1, 1996, including all restrictions under part 515 of title 31, Code of Federal Regulations, shall be in effect on March 12, 1996, and shall remain in effect, subject to section 6064 of this title.
(Pub. L. 104–114, title I, § 102, Mar. 12, 1996, 110 Stat. 792.)
heading: References in Text
text: The Cuban Democracy Act of 1992, referred to in subsec. (a), is title XVII of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2575, which is classified principally to chapter 69 (§ 6001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6001 of this title and Tables.
heading: Codification
text: Section is comprised of section 102 of Pub. L. 104–114. Subsec. (d) of section 102 of Pub. L. 104–114 amended section 16 of Title 50, Appendix, War and National Defense. Subsecs. (f) and (g) of section 102 of Pub. L. 104–114 amended sections 6003 and 6004 of this title, respectively.
22 U.S.C. § 6033 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6033. Prohibition against indirect financing of Cuba
(a) Prohibition
Notwithstanding any other provision of law, no loan, credit, or other financing may be extended knowingly by a United States national, a permanent resident alien, or a United States agency to any person for the purpose of financing transactions involving any confiscated property the claim to which is owned by a United States national as of March 12, 1996, except for financing by the United States national owning such claim for a transaction permitted under United States law.
(b) Suspension and termination of prohibition
(1) Suspension
The President is authorized to suspend the prohibition contained in subsection (a) of this section upon a determination made under section 6063(c)(1) of this title that a transition government in Cuba is in power.
(2) Termination
The prohibition contained in subsection (a) of this section shall cease to apply on the date on which the economic embargo of Cuba terminates as provided in section 6064 of this title.
(c) Penalties
Violations of subsection (a) of this section shall be punishable by such civil penalties as are applicable to violations 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 lawfully 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.
(Pub. L. 104–114, title I, § 103, Mar. 12, 1996, 110 Stat. 794.)
22 U.S.C. § 6034 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6034. United States opposition to Cuban membership in international financial institutions
(a) Continued opposition to Cuban membership in international financial institutions
(1) In general
Except as provided in paragraph (2), the Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose the admission of Cuba as a member of such institution until the President submits a determination under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power.
(2) Transition government
Once the President submits a determination under section 6063(c)(1) of this title that a transition government in Cuba is in power—
(A) the President is encouraged to take steps to support the processing of Cuba’s application for membership in any international financial institution, subject to the membership taking effect after a democratically elected government in Cuba is in power, and
(B) the Secretary of the Treasury is authorized to instruct the United States executive director of each international financial institution to support loans or other assistance to Cuba only to the extent that such loans or assistance contribute to a stable foundation for a democratically elected government in Cuba.
(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 such institution an amount equal to the amount of the loan or other assistance, with respect to either of the following types of payment:
(1) The paid-in portion of the increase in capital stock of the institution.
(2) The callable portion of the increase in capital stock of the institution.
(c) “International financial institution” defined
For purposes of this section, the term “international financial institution” means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the Inter-American Development Bank.
(Pub. L. 104–114, title I, § 104, Mar. 12, 1996, 110 Stat. 794.)
22 U.S.C. § 6035 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6035. United States opposition to termination of suspension of Cuban Government from participation in Organization of American States
The President should instruct the United States Permanent Representative to the Organization of American States to oppose and vote against any termination of the suspension of the Cuban Government from participation in the Organization until the President determines under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power.
(Pub. L. 104–114, title I, § 105, Mar. 12, 1996, 110 Stat. 795.)
22 U.S.C. § 6036 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6036. Assistance by independent states of former Soviet Union for Cuban Government
(a) Reporting requirement
Not later than 90 days after March 12, 1996, the President shall submit to the appropriate congressional committees a report detailing progress toward the withdrawal of personnel of any independent state of the former Soviet Union (within the meaning of section 5801 of this title), including advisers, technicians, and military personnel, from the Cienfuegos nuclear facility in Cuba.
(b) , (c) Omitted
(d) Facilities at Lourdes, Cuba
(1) Disapproval of credits
The Congress expresses its strong disapproval of the extension by Russia of credits equivalent to $200,000,000 in support of the intelligence facility at Lourdes, Cuba, in November 1994.
(2) Omitted
(Pub. L. 104–114, title I, § 106, Mar. 12, 1996, 110 Stat. 795.)
heading: Codification
text: Section is comprised of section 106 of Pub. L. 104–114. Subsecs. (b), (c), and (d)(2) of section 106 of Pub. L. 104–114 amended sections 2295a and 2295b of this title.
22 U.S.C. § 6037 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6037. Television broadcasting to Cuba
(a) Conversion to UHF
The Director of the International Broadcasting Bureau shall implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency (UHF) broadcasting.
(b) Periodic reports
Not later than 45 days after March 12, 1996, and every three months thereafter until the conversion described in subsection (a) of this section is fully implemented, the Director of the International Broadcasting Bureau shall submit a report to the appropriate congressional committees on the progress made in carrying out subsection (a) of this section.
(c) Termination of broadcasting authorities
Upon transmittal of a determination under section 6063(c)(3) of this title, 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.
(Pub. L. 104–114, title I, § 107, Mar. 12, 1996, 110 Stat. 798; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(r), Oct. 21, 1998, 112 Stat. 2681–790.)
heading: References in Text
text: The Television Broadcasting to Cuba Act, referred to in subsec. (c), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, as amended, which is classified principally to subchapter V–B (§ 1465aa et seq.) of chapter 18 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables.
The Radio Broadcasting to Cuba Act, referred to in subsec. (c), is Pub. L. 98–111, Oct. 4, 1983, 97 Stat. 749, as amended, which is classified generally to subchapter V–A (§ 1465 et seq.) of chapter 18 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1465 of this title and Tables.
heading: Amendments
text: 1998—Subsecs. (a), (b). Pub. L. 105–277 substituted “Director of the International Broadcasting Bureau” for “Director of the United States Information Agency”.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
22 U.S.C. § 6038 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6038. Reports on commerce with, and assistance to, Cuba from other foreign countries
(a) Reports required
Not later than 90 days after March 12, 1996, and by January 1 of each year thereafter until the President submits a determination under section 6063(c)(1) of this title, the President shall submit a report to the appropriate congressional committees on commerce with, and assistance to, Cuba from other foreign countries during the preceding 12-month period.
(b) Contents of reports
Each report required by subsection (a) of this section shall, for the period covered by the report, contain the following, to the extent such information is available:
(1) A description of all bilateral assistance provided to Cuba by other foreign countries, including humanitarian assistance.
(2) A description of Cuba’s commerce with foreign countries, including an identification of Cuba’s trading partners and the extent of such trade.
(3) A description of the joint ventures completed, or under consideration, by foreign nationals and business firms involving facilities in Cuba, including an identification of the location of the facilities involved and a description of the terms of agreement of the joint ventures and the names of the parties that are involved.
(4) A determination as to whether or not any of the facilities described in paragraph (3) is the subject of a claim against Cuba by a United States national.
(5) A determination of the amount of debt of the Cuban Government that is owed to each foreign country, including—
(A) the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Cuba involving foreign nationals; and
(B) the amount of debt owed the foreign country that has been exchanged, forgiven, or reduced 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.
(6) A description of the steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Cuba involving foreign nationals do not enter the United States market, either directly or through third countries or parties.
(7) An identification of countries that purchase, or have purchased, arms or military supplies from Cuba or that otherwise have entered into agreements with Cuba that have a military application, including—
(A) a description of the military supplies, equipment, or other material sold, bartered, or exchanged between Cuba and such countries,
(B) a listing of the goods, services, credits, or other consideration received by Cuba in exchange for military supplies, equipment, or material, and
(C) the terms or conditions of any such agreement.
(Pub. L. 104–114, title I, § 108, Mar. 12, 1996, 110 Stat. 798.)
heading: Delegation of Functions
text: For delegation of congressional reporting functions of President under subsec. (a) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46075, set out as a note under section 301 of Title 3, The President.
22 U.S.C. § 6039 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6039. Authorization of support for democratic and human rights groups and international observers
(a) Authorization
Notwithstanding any other provision of law (including section 6032 of this title), except for section 2394–1 of this title and comparable notification requirements contained in any Act making appropriations for foreign operations, export financing, and related programs, the President is authorized to furnish assistance and provide other support for individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba, including the following:
(1) Published and informational matter, such as books, videos, and cassettes, on transitions to democracy, human rights, and market economies, to be made available to independent democratic groups in Cuba.
(2) Humanitarian assistance to victims of political repression, and their families.
(3) Support for democratic and human rights groups in Cuba.
(4) Support for visits and permanent deployment of independent international human rights monitors in Cuba.
(b) OAS emergency fund
(1) For support of human rights and elections
The President shall take the necessary steps to encourage the Organization of American States to create a special emergency fund for the explicit purpose of deploying human rights observers, election support, and election observation in Cuba.
(2) Action of other member states
The President should instruct the United States Permanent Representative to the Organization of American States to encourage other member states of the Organization 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) Voluntary contributions for fund
Notwithstanding section 2227 of this title or any other provision 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 solely for the purposes of the special fund referred to in paragraph (1).
(c) Denial of funds to Cuban Government
In implementing this section, the President shall take all necessary steps to ensure that no funds or other assistance is provided to the Cuban Government.
(Pub. L. 104–114, title I, § 109, Mar. 12, 1996, 110 Stat. 799.)
22 U.S.C. § 6040 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6040. Importation safeguard against certain Cuban products
(a) Prohibition on import of and dealings in Cuban products
The Congress notes that section 515.204 of title 31, Code of Federal Regulations, prohibits the entry of, and dealings outside the United States in, merchandise that—
(1) is of Cuban origin;
(2) is or has been located in or transported from or through Cuba; or
(3) is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba.
(b) Effect of NAFTA
The Congress notes that United States accession to the North American Free Trade Agreement does not modify or alter the United States sanctions against Cuba. The statement of administrative action accompanying that trade agreement specifically states the following:
(1) “The NAFTA rules of origin will not in any way diminish the Cuban sanctions program. … Nothing in the NAFTA would operate to override this prohibition.”.
(2) “Article 309(3) [of the NAFTA] permits the United States to ensure that Cuban products or goods made from Cuban materials are not imported into the United States from Mexico or Canada and that United States products are not exported to Cuba through those countries.”.
(c) Restriction of sugar imports
The Congress notes that section 902(c) of the Food Security Act of 1985 (Public Law 99–198) requires the President not to allocate any of the sugar import quota to a country that is a net importer of sugar unless appropriate officials of that country verify to the President that the country does not import for reexport to the United States any sugar produced in Cuba.
(d) Assurances regarding sugar products
Protection of essential security interests of the United States requires assurances that sugar products that are entered, or withdrawn from warehouse for consumption, into the customs territory of the United States are not products of Cuba.
(Pub. L. 104–114, title I, § 110, Mar. 12, 1996, 110 Stat. 800.)
heading: References in Text
text: Section 902(c) of the Food Security Act of 1985, referred to in subsec. (c), is section 902(c) of Pub. L. 99–198, which is set out as a note under section 1446g of Title 7, Agriculture.
22 U.S.C. § 6042 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6042. Reinstitution of family remittances and travel to Cuba
It is the sense of the Congress that the President should—
(1)
(A) before considering the reinstitution of general licenses for family remittances to Cuba, insist that, prior to such reinstitution, the Cuban Government permit the unfettered operation of small businesses fully empowered with the right to hire others to whom they may pay wages and to buy materials necessary in the operation of the businesses, and with such other authority and freedom as are required to foster the operation of small businesses throughout Cuba; and
(B) if licenses described in subparagraph (A) are reinstituted, require a specific license for remittances described in subparagraph (A) in amounts of more than $500; and
(2) before considering the reinstitution of general licenses for travel to Cuba by individuals resident in the United States who are family members of Cuban nationals who are resident in Cuba, insist on such actions by the Cuban Government as abrogation of the sanction for departure from Cuba by refugees, release of political prisoners, recognition of the right of association, and other fundamental freedoms.
(Pub. L. 104–114, title I, § 112, Mar. 12, 1996, 110 Stat. 802.)
22 U.S.C. § 6043 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6043. Expulsion of criminals from Cuba
The President shall instruct all United States Government officials who engage in official contacts with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States all persons residing in Cuba who are sought by the United States Department of Justice for crimes committed in the United States.
(Pub. L. 104–114, title I, § 113, Mar. 12, 1996, 110 Stat. 803.)