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: Editorial Notes
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, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 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.)
heading: Editorial Notes
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, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 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. § 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: Editorial Notes
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 4315 of Title 50, 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. § 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: Editorial Notes
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) 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).
(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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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) 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: Executive Documents
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. § 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: Editorial Notes
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. § 6045 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6045. Effect of chapter on lawful United States Government activities
Nothing in this chapter prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency, or of an intelligence agency, of the United States.
(Pub. L. 104–114, title I, § 115, Mar. 12, 1996, 110 Stat. 803.)
heading: Editorial Notes
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, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 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. § 6066 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6066. Requirements for determining democratically elected government
For purposes of this chapter, a democratically elected government in Cuba, in addition to meeting the requirements of section 6065(a) of this title, is a government which—
(1) results from free and fair elections—
(A) conducted under the supervision of internationally recognized observers; and
(B) in which—
(i) opposition parties were permitted ample time to organize and campaign for such elections; and
(ii) all candidates were permitted full access to the media;
(2) is showing respect for the basic civil liberties and human rights of the citizens of Cuba;
(3) is substantially moving toward a market-oriented economic system based on the right to own and enjoy property;
(4) is committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of Cuba;
(5) has made demonstrable progress in establishing an independent judiciary; and
(6) has made demonstrable progress in returning to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government 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.
(Pub. L. 104–114, title II, § 206, Mar. 12, 1996, 110 Stat. 812.)
heading: Editorial Notes
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, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 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. § 6104 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6104. Mansfield Fellows on detail from Government service
(a) In general
(1) An agency head may detail, for a period of not more than 2 years, an employee of the agency who has been awarded a Mansfield Fellowship, to the Center.
(2) Each fellow who is detailed under this section shall enter into a written agreement with the Federal Government before receiving a fellowship that the fellow will—
(A) continue in the service of the fellow’s agency at the end of the fellowship for a period of at least 2 years unless the fellow is involuntarily separated from the service of such agency; and
(B) pay to the United States Information Agency any additional expenses incurred by the Federal Government in connection with the fellowship if the fellow is voluntarily separated from service with the fellow’s agency before the end of the period for which the fellow has agreed to continue in the service of such agency.
(3) The payment agreed to under paragraph (2)(B) may not be required of a fellow who leaves the service of such agency to enter into the service of another agency in any branch of the United States Government unless the head of the agency that authorized the fellowship notifies the employee before the effective date of entry into the service of the other agency that payment will be required under this section.
(b) Status as Government employee
A fellow detailed under subsection (a) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of such allowances and other benefits from appropriations available therefore 1 is deemed to comply with section 5536 of title 5.
(c) Reimbursement
Fellows may be detailed under subsection (a) without reimbursement to the United States by the Center.
(d) Allowances and benefits
A fellow detailed under subsection (a) may be paid by the Center for allowances and benefits listed in section 6102(4)(B) of this title.
(Pub. L. 103–236, title II, § 255, Apr. 30, 1994, 108 Stat. 431.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
22 U.S.C. § 6105 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6105. Liability for repayments
If any fellow fails to fulfill the fellow’s agreement to pay the United States Information Agency for the expenses incurred by the United States Information Agency in connection with the fellowship, a sum equal to the amount of the expenses of the fellowship shall be recoverable by the United States Information Agency from the fellow (or a legal representative) by—
(1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the fellow from the Federal Government; and
(2) such other method as is provided by law for the recovery of amounts owing to the Federal Government.
(Pub. L. 103–236, title II, § 256, Apr. 30, 1994, 108 Stat. 432.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.
22 U.S.C. § 6201 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6201. Congressional findings and declaration of purposes
The Congress makes the following findings and declarations:
(1) It is the policy of the United States to promote the right of freedom of opinion and expression, including the freedom “to seek, receive, and impart information and ideas through any media and regardless of frontiers,” in accordance with Article 19 of the Universal Declaration of Human Rights.
(2) Open communication of information and ideas among the peoples of the world contributes to international peace and stability and the promotion of such communication is in the interests of the United States.
(3) It is in the interest of the United States to support broadcasting to other nations consistent with the requirements of this chapter.
(4) The continuation of existing United States international broadcasting, and the creation of a new broadcasting service to the people of the People’s Republic of China and other countries of Asia which lack adequate sources of free information, would enhance the promotion of information and ideas, while advancing the goals of United States foreign policy.
(5) The reorganization and consolidation of United States international broadcasting will achieve important economies and strengthen the capability of the United States to use broadcasting to support freedom and democracy in a rapidly changing international environment.
(Pub. L. 103–236, title III, § 302, Apr. 30, 1994, 108 Stat. 432.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in par. (3), was in the original “this title”, meaning title III of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 432, known as the United States International Broadcasting Act of 1994, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2009 Amendment
text: Pub. L. 111–84, div. A, title XII, § 1261, Oct. 28, 2009, 123 Stat. 2553, as amended by Pub. L. 111–383, div. A, title X, § 1075(d)(19), Jan. 7, 2011, 124 Stat. 4374, provided that: “This subtitle [subtitle D (§§ 1261–1266) of title XII of div. A of Pub. L. 111–84, enacting provisions set out as notes under section 6204 of this title] may be cited as the ‘Victims of Iranian Censorship Act’ or the ‘VOICE Act’.”
heading: Short Title of 2002 Amendment
text: Pub. L. 107–148, § 1, Mar. 11, 2002, 116 Stat. 64, provided that: “This Act [enacting section 6215 of this title] may be cited as the ‘Radio Free Afghanistan Act’.”
heading: Short Title
text: Pub. L. 103–236, title III, § 301, Apr. 30, 1994, 108 Stat. 432, provided that: “This title [enacting this chapter, amending sections 1465b, 1465c, and 2873 of this title and section 5315 of Title 5, Government Organization and Employees, and repealing sections 1463, 2871 to 2877, and 2878 to 2883 of this title and provisions set out as a note under section 2871 of this title] may be cited as the ‘United States International Broadcasting Act of 1994’.”