Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
PL 104-114 (H.R.927), enacted 03/12/1996

PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 785 
Public Law 104-114 
104th Congress 
An Act 
To seek international sanctions against the Castro government in Cuba, to plan 
„ 
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for support of a transition government leading to a democratically elected govern- 
:—: 
ment in Cuba, and for other purposes. 
[H.R. 927] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Cuban liberty 
and Democratic 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Solidarity 
(a) SHORT TITLE.—This Act may be cited as the "Cuban Liberty In^IF^^ ^"^ 
and Democratic SoUdarity (LIBERTAD) Act of 1996". 
22 USC 6021 
(b) TABLE OF CONTENTS.—The table of contents of this Act note, 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purposes. 
Sec. 4. Definitions. 
Sec. 5. Severability. 
TITLE I—STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE 
CASTRO GOVERNMENT 
Sec. 101. Statement of policy. 
Sec. 102. Enforcement of the economic embargo of Cuba. 
Sec. 103. Prohibition against indirect financing of Cuba. 
Sec. 104. United States opposition to Cuban membership in international financial 
institutions. 
Sec. 105. United States opposition to termination of the suspension of the Cuban 
Government from participation in the Organization of American States. 
Sec. 106. Assistance by the independent states of the former Soviet Union for the 
Cuban Government. 
Sec. 107. Television broadcasting to Cuba. 
Sec. 108. Reports on commerce with, and assistance to, Cuba from other foreign 
countries. 
Sec. 109. Authorization of support for democratic and human rights groups and 
international observers. 
Sec. 110. Importation safeguard against certain Cuban products. 
Sec. 111. Withholding of foreign assistance from countries supporting Juragua nu-
clear plant in Cuba 
Sec. 112. Reinstitution of family remittances and travel to Cuba. 
Sec. 113. Expulsion of criminals from Cuba. 
Sec. 114. News bureaus in Cuba. 
Sec. 115. Effect of Act on lawful United States Government activities. 
Sec. 116. Condemnation of Cuban attack on American aircraft. 
TITLE II—ASSISTANCE TO A FREE AND INDEPENDENT CUBA 
Sec. 201. Policy toward a transition government and a democratically elected gov-
ernment in Cuba. 
Sec. 202. Assistance for the Cuban people. 
Sec. 203. Coordination of assistance program; implementation and reports to Con-
gress; reprogramming. 
Sec. 204. Termination of the e(»nomic embargo of Cuba. 
Sec. 205. Requirements and factors for determining a transition government. 
Sec. 206. Requirements for determining a democratically elected government. 
110 STAT. 786 
PUBLIC LAW 104-114—MAR. 12, 1996 
Sec. 207. Settlement of outstanding United States claims to confiscated property in 
Cuba. 
TITLE III—PROTECTION OF PROPERTY RIGHTS OF UNITED STATES 
NATIONALS 
Sec. 301. Findings. 
Sec. 302. Liability for trafficking in confiscated property claimed by United States 
nationals. 
Sec. 303. Proof of ownership of claims to confiscated property. 
Sec. 304. Exclusivity of Foreign Claims Settlement Commission certification proce-
dure. 
Sec. 305. Limitation of actions. 
Sec. 306. Effective date. 
TITLE IV—EXCLUSION OF CERTAIN ALIENS 
Sec. 401. Exclusion from the United States of aliens who have confiscated property 
of United States nationals or who traffic in such property. 
22 u s e 6021. 
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) The economy of Cuba has experienced a decline of 
at least 60 percent in the last 5 years as a result o
f
— 
(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 mis-
management by the Castro government; 
(C) the extreme decline in trade between Cuba and 
the countries of the former Soviet bloc; and 
(D) the stated policy of the Russian Government and 
the countries of the former Soviet bloc to conduct economic 
relations with Cuba on strictly commercial terms. 
(2) At the same time, the welfare and health of the Cuban 
people have substantially deteriorated as a result of this eco-
nomic 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 political reforms that 
would lead to democracy, a market economy, or an economic 
recovery. 
(4) The repression of the Cuban people, including a ban 
on free and fair democratic elections, and continuing violations 
of fundamental human rights, have isolated the Cuban regime 
as the only completely nondemocratic government in the West-
em Hemisphere. 
(5) As long as free elections are not held in Cuba, the 
economic condition of the country and the welfare of the Cuban 
people will not improve in any significant way. 
(6) The totalitarian nature of the Castro regime has 
deprived the Cuban people of any peaceful means to improve 
their condition and has led thousands 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 effec-
tive 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 regime, carried out 
by both Democratic and Republican administrations, has sought 
to keep faith with the people of Cuba, and has been effective 
in sanctioning the totalitarian Castro regime. 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 787 
(9) The United States has shown a deep commitment, and 
considers it a moral obligation, to promote 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 consistently mani-
fested 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 con-
duct trade with Cuba to restrict their trade and credit relations 
with Cuba in a manner consistent with the purposes of that 
Act. 
(12) Amendments to the Foreign Assistance Act of 1961 
made by the FREEDOM Support Act require that the President, 
in providing economic assistance to Russia and the emerging 
Eurasian democracies, take into account the extent to which 
they are acting to "terminate support for the communist regime 
in Cuba, including removal of troops, closing military facilities, 
and ceasing trade subsidies and economic, nuclear, and other 
assistance". 
(13) The Cuban Government engages in the illegal inter-
national narcotics trade and harbors fugitives from justice in 
the United States. 
(14) The Castro government threatens international peace 
and security by engaging in acts of armed subversion and 
terrorism such as the training and supplying of groups dedi-
cated to international violence. 
(15) The Castro government has utilized from its inception 
and continues to utilize torture in various forms (including 
by psychiatry), as well as execution, exile, confiscation, political 
imprisonment, and other forms of terror and repression, as 
means of retaining power. 
(16) Fidel Castro has defined democratic pluralism as Fidel Castro, 
"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 Cubans 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 country), 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 demonstrated 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 Charter 
of the Organization of American States and other international 
agreements and international law. 
110 STAT. 788 
PUBLIC LAW 104-114—MAR. 12, 1996 
(20) The United Nations Commission on Human Rights 
has repeatedly reported on the unacceptable human rights 
situation in Cuba and has taken the extraordinary step of 
appointing a Special Rapporteur. 
(21) The Cuban Government has consistently refused access 
to the Special Rapporteur and formally expressed its decision 
not to "implement so much as one comma" of the United 
Nations Resolutions appointing the Rapporteur. 
(22) The United Nations General Assembly passed Resolu-
tion 47-139 on December 18, 1992, Resolution 48-142 on 
December 20, 1993, and Resolution 49-200 on December 23, 
1994, referencing the Special Rapporteur's reports to the United 
Nations and condemning violations of human rights and fun-
damental freedoms in Cuba. 
(23) Article 39 of Chapter VII of the United Nations Charter 
provides that the United Nations Security Council "shall deter-
mine 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 maintain 
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 Resolution 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 t)n:anny that has oppressed them for 36 
years, and the continued failure to do so constitutes ethically 
improper conduct by the international community. 
(28) For the past 36 years, the Cuban Government has 
posed and continues to pose a national security threat to the 
United States. 
22 use 6022. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to assist the Cuban people in regaining their freedom 
and prosperity, as well as in joining the community of demo-
cratic 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 manipula-
tion by the Castro government of the desire of Cubans to 
escape that results in mass migration to the United States; 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 789 
(4) to encourage the holding of free and fair democratic 
elections in Cuba, conducted under the supervision of inter-
nationally 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. 
^ : C . 4. DEFINITKX^S. 
22 USC 6023. 
As used in this Act, the following terms have the following 
meanings: 
(1) AGENCY OR INSTRUMENTALITY OF A FOREIGN STATE.— 
The term "agency or instrumentality of a foreign state" has 
the meaning given that term in section 1603(b) of title 28, 
United States Code. 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
"appropriate congressional committees" means the Committee 
on International Relations and the Committee on Appropria-
tions of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Appropriations of 
the Senate. 
(3) COMMERCIAL ACTIVITY.—The term "commercial activity" 
has the meaning given that term in section 1603(d) of title 
28, United States Code. 
(4) CONFISCATED.—As used in titles I and III, the term 
"confiscated" refers to— 
(A) the nationalization, expropriation, or other seizure 
by the Cuban Government of ownership or control of prop-
erty, on or after January 1, 1959— 
(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, on or after January 1, 
1959— 
(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. 
(5) CUBAN GOVERNMENT.—(A) The term "Cuban Govern-
ment" includes the government of any political subdivision of 
Cuba, and £my agency or instrumentality of the Government 
of Cuba. 
(B) For purposes of subparagraph (A), the term "agency 
or instrumentality of the Government of Cuba" means an 
110 STAT. 790 
PUBLIC LAW 104-114—MAR. 12, 1996 
agency or instrumentality of a foreign state as defined in section 
1603(b) of title 28, United States Code, with each reference 
in such section to "a foreign state" deemed to be a reference 
to "Cuba". 
(6) DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.—The 
term "democratically elected government in Cuba" means a 
government determined by the President to have met the 
requirements of section 206. 
(7) ECONOMIC EMBARGO OF CUBA.—The term "economic 
embargo of Cuba" refers to— 
(A) the economic embargo (including all restrictions 
on trade or transactions with, and travel to or from, Cuba, 
and all restrictions on transactions in property in which 
Cuba or nationals of Cuba have an interest) that was 
imposed against Cuba pursusmt 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 Cuban Democracy Act of 1992 (22 U.S.C. 6001 
and following), or any other provision of law; and 
(B) the restrictions imposed by section 902(c) of the 
Food Security Act of 1985. 
(8) 
FOREIGN 
NATIONAL.—The term 
"foreign 
national" 
means— 
(A) an alien; or 
(B) any corporation, trust, partnership, or other juridi-
cal entity not organized under the laws of the United 
States, or of any State, the District of Columbia, or any 
commonwealth, territory, or possession of the United 
States. 
(9) KNOWINGLY.—The term "knowingly" means with knowl-
edge or having reason to know. 
(10) OFFICIAL OF THE CUBAN GOVERNMENT OR THE RULING 
POLITICAL PARTY IN CUBA.—The term "official of the Cuban 
Government or the ruling political party in Cuba" refers to 
any member of the Council of Ministers, Council of State, 
central committee of the Communist Party of Cuba, or the 
Politburo of Cuba, or their equivalents. 
(11) PERSON.—The term "person" means any person or 
entity, including any agency or instrumentality of a foreign 
state. 
(12) PROPERTY.—(A) The term "property" means any prop-
erty (including patents, copyrights, trademarks, and any other 
form of intellectual property), whether real, personal, or mixed, 
and any present, future, or contingent right, security, or other 
interest therein, including any leasehold interest. 
(B) For purposes of title III of this Act, the term "property" 
does not include real property used for residential purposes 
unless, as of the date of the enactment of this Act— 
(i) the claim to the property is held by a United States 
national and the claim has been certified under title V 
of the International Claims Settlement Act of 1949; or 
(ii) the property is occupied by an official of the Cuban 
Government or the ruling political party in Cuba. 
(13) TRAFFICS.—(A) As used in title III, and except as 
provided in subparagraph (B), a person "traffics" in confiscated 
property if that person knowingly and intentionally— 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 791 
(i) sells, transfers, distributes, dispenses, brokers, man-
ages, or otherwise disposes of confiscated property, or pur-
chases, leases, receives, possesses, obtains control of, man-
ages, uses, or otherwise acquires or holds an interest in 
confiscated property, 
(ii) engages in a commercial activity 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 
(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. 
(14) TRANSITION GOVERNMENT IN CUBA.—The term "transi-
tion government in Cuba" means a government that the Presi-
dent determines is a transition government consistent with 
the requirements and factors set forth in section 205. 
(15) UNITED STATES NATIONAL.—The term "United States 
national" means— 
(A) any United States citizen; or 
(B) any other legal entity which is organized under 
the laws of the United States, or of any State, the District 
of Columbia, or any commonwealth, territory, or possession 
of the United States, and which has its principal place 
of business in the United States. 
SEC. 5. SEVERABILITY. 
22 USC 6024. 
If any provision of this Act or the amendments made by this 
Act or the application thereof to any person or circumstance is 
held invalid, the remainder of this Act, the amendments made 
by this Act, or the application thereof to other persons not similarly 
situated or to other circumstances shall not be affected by such 
invalidation. 
TITLE 
I—STRENGTHENING 
INTER-
NATIONAL SANCTIONS AGAINST THE 
CASTRO GOVERNMENT 
SEC. 101. STATEMENT OF POLICY. 
22 USC 6031. 
It is the sense of the Congress that— 
110 STAT. 792 
PUBLIC LAW 104-114—MAR. 12, 1996 
(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 Govern-
ment pursuant to chapter VII of the Charter of the United 
Nations, emplojdng 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 govern-
ment'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. 
22 use 6032. 
SEC. 102. ENFORCEMENT OF THE 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, 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. 
(2) SANCTIONS ON OTHER COUNTRIES.—The Congress fur-
ther urges the President to take immediate steps to apply 
the sanctions described in section 1704(b)(1) of that Act 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 rea-
sons for the United States economic embargo of Cuba, and are 
urging foreign governments to cooperate more effectively with the 
embargo. 
President. 
(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) TRADING WITH THE ENEMY ACT.— 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 793 
(1) CIVIL PENALTIES.—Subsection (b) of section 16 of the 
Trading with the Enemy Act (50 U.S.C. App. 16(b)), as added 
by PubUc Law 102-484, is amended to read as follows: 
"(b)(1) A civil penalty of not to exceed $50,000 may be imposed 
by the Secretary of the Treasury on any person who violates any 
license, order, rule, or regulation issued in compliance with the 
provisions of this Act. 
"(2) Any property, funds, securities, papers, or other articles 
or documents, or any vessel, together with its tackle, apparel, 
furniture, and equipment, that is the subject of a violation under 
paragraph (1) shall, at the direction of the Secretary of the Treasury, 
be forfeited to the United States Government. 
"(3) The penalties provided under this subsection may be 
imposed only on the record after opportunity for an agency hearing 
in accordance with sections 554 through 557 of title 5, United 
States Code, with the right to prehearing discovery. 
"(4) Judicial review of any penalty imposed under this sub-
section may be had to the extent provided in section 702 of title 
5, United States Code.". 
(2) CONFORMING AMENDMENT; CRIMINAL FORFEITURE.—Sec-
tion 16 of the Trading with the Enemy Act is further amended 
by striking subsection (b), as added by Public Law 102-393. 
(3) CLERICAL AMENDMENTS.—Section 16 of the Trading with 
the Enemy Act is further amended— 
(A) by inserting "SEC. 16." before "(a)"; and 
(B) in subsection (a) by striking "participants" and 
inserting "participates". 
(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 Govern-
ment or of the Communist Party of Cuba. 
if) COVERAGE OF DEBT-FOR-EQUITY SWAPS BY ECONOMIC EMBAR-
GO OF CUBA.—Section 1704(b)(2) of the Cuban Democracy Act of 
1992 (22 U.S.C. 6003(b)(2)) is amended— 
(1) by striking "and" at the end of subparagraph (A); 
(2) by redesignating subparagraph (B) as subparagraph 
(C); and 
(3) by inserting after subparagraph (A) the following new 
subparagraph: 
"(B) includes an exchange, reduction, or forgiveness 
of Cuban debt owed to a foreign country in return for 
a grant of an equity interest in a property, investment, 
or operation of the Government of Cuba (including the 
government of any political subdivision of Cuba, and any 
agency or instrumentality of the Government of Cuba) or 
of a Cuban national; and"; and 
(4) by adding at the end the following flush sentence: 
"As used in this paragraph, the term 'agency or instrumentality 
of the Government of Cuba' means an agency or instrumentality 
of a foreign state as defined in section 1603(b) of title 28, 
United States Code, with each reference in such section to 
'a foreign state' deemed to be a reference to 'Cuba'.". 
(g) TELECOMMUNICATIONS SERVICES.—Section 1705(e) of the 
Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended 
by adding at the end the following new paragraphs: 
110 STAT. 794 
PUBLIC LAW 104-114—MAR. 12, 1996 
"(5) 
PROHIBITION ON 
INVESTMENT IN 
DOMESTIC TELE-
COMMUNICATIONS SERVICES.—Nothing in this subsection shall 
be construed to authorize the investment by any United States 
person in the domestic telecommunications network within 
Cuba. For purposes of this paragraph, an 'investment' in the 
domestic telecommunications network within Cuba includes the 
contribution (including by donation) of funds or anything of 
value to or for, and the making of loans to or for, such network. 
President. 
"(6) REPORTS TO CONGRESS.—The President shall submit 
to the Congress on a semiannual basis a report detailing pay-
ments made to Cuba by any United States person as a result 
of the provision of telecommunications services authorized by 
this subsection.". 
Effective date. 
(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 upon the enactment of this Act, and shall remain 
in effect, subject to section 204 of this Act. 
22 use 6033. 
SEC. 103. 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 the date of the enactment 
of this Act, 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) upon a determination 
made under section 203(c)(1) that a transition government in 
Cuba is in power. 
(2) TERMINATION.—The prohibition contained in subsection 
(a) shall cease to apply on the date on which the economic 
embargo of Cuba terminates as provided in section 204. 
(c) PENALTIES.—^Violations of subsection (a) 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, United States 
Code. 
22 use 6034. 
SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN 
INTERNATIONAL FINANCIAL INSTITUTIONS. 
(a) CONTINUED OPPOSITION TO CUBAN MEMBERSHIP IN INTER-
NATIONAL FINANCIAL INSTITUTIONS.— 
President. 
(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 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 795 
President submits a determination under section 203(c)(3) that 
a democratically elected government in Cuba is in power. 
(2) TRANSITION GOVERNMENT.—Once the President submits 
a determination under section 203(c)(1) 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 mem-
bership taking effect after a democratically elected govern-
ment in Cuba is in power, and 
(B) the Secretary of the Treasury is authorized to 
instruct the United States executive director of each inter-
national 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 demo-
cratically 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 fi*om 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) DEFINITION.—For purposes of this section, the term "inter-
national 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. 
SEC. 105. UNITED STATES OPPOSITION TO TERMINATION OF THE 22USC6035. 
SUSPENSION 
OF THE CUBAN 
GOVERNMENT 
FROM 
PARTICIPATION IN THE 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 Presi-
dent determines under section 203(c)(3) that a democratically 
elected government in Cuba is in power. 
SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER 
22 USC 6036. 
SOVIET UNION FOR THE CUBAN GOVERNMENT. 
(a) REPORTING REQUIREMENT.—Not later than 90 days after 
President. 
the date of the enactment of this Act, 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 
3 of the FREEDOM Support Act (22 U.S.C. 5801)), including advis-
ers, technicians, and military personnel, from the Cienfuegos 
nuclear facility in Cuba. 
(b) CRITERIA FOR ASSISTANCE.—Section 498A(a)(ll) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2295a(a)(ll)) is amended 
by striking "of military facilities" and inserting "military and intel-
110 STAT. 796 
PUBLIC LAW 104-114—MAR. 12, 1996 
ligence facilities, including the military an,d intelligence facilities 
at Lourdes and Cienfuegos". 
(c) INELIGIBILITY FOR ASSISTANCE.— 
(1) IN GENERAL.—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 paragraph (6); and 
(C) by inserting after paragraph (4) the following new 
paragraph: 
"(5) for the government of any independent state effective 
30 days after the President has determined and certified to 
the appropriate congressional committees (and Congress has 
not enacted legislation disapproving the determinaticm within 
that 30-day period) that such government is providing assist-
ance for, or engaging in nonmarket based trade (as defined 
in secti(Hi 498B(k)(3)) with, the Cuban Government; or" 
(2) DEFINITION.—Subsection (k) of section 498B of that 
Act (22 U.S.C. 2295b(k)) is amended by adding at the end 
the following new paragraph: 
"(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 services (including oil and other petroleum prod-
ucts) on terms more favorable than those generally available 
in applicable markets or for comparable commodities, includ-
ing— 
"(A) exports to the Cuban Government on terms that 
involve a grant, concessional price, guaranty, insurance, 
or subsidy; 
"(B) imports from the Cuban Government at pref-
erential tariff rates; 
"(C) exchange arrangements that include advance 
delivery of commodities, arrangements in which the Cuban 
Government 
is not held 
accountable 
for 
unfulfilled 
exchange contracts, and arrangements under which Cuba 
does not pay appropriate transportation, insurance, or 
finance costs; and 
"(D) the exchange, reduction, or forgiveness of debt 
of the Cuban Government in return for a grant by the 
Cuban Government of an equity interest in a property, 
investment, or operation of the Cuban Government or of 
a Cuban national. 
"(4) CUBAN GOVERNMENT.—(A) The term 'Cuban Govern-
ment' includes the government of any political subdivision of 
Cuba, and any agency or instrumentality of the Government 
of Cuba. 
"(B) For purposes of subparagraph (A), the term 'agency 
or instrumentality of the Government of Cuba' means an agency 
or instrumentality of a foreign state as defined in section 
1603(b) of title 28, United States Code, with each reference 
in such section to *a foreign state' deemed to be a reference 
to 'Cuba'.". 
(3) EXCEPTION.—Section 498A(c) of the Foreign Assistance 
22 use 2295a. 
Act of 1961 (22 U.S.C. 2295A(c)) is amended by inserting after 
paragraph (3) the following new paragraph: 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 797 
"(4) The assistance is provided under the secondary school 
exchange program administered by the United States Informa-
tion Agency.". 
(d) FACILITIES AT LOURDES, CUBA.— 
(1) DISAPPROVAL OF CREDITS.—The Congress expresses its 
strong disapproval of the extension by Russia of credits equiva-
lent to $200,000,000 in support of the intelligence facility at 
Lourdes, Cuba, in November 1994. 
(2) REDUCTION IN ASSISTANCE.—Section 498A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2295a) is amended by adding 
at the end the following new subsection: 
"(d) REDUCTION IN ASSISTANCE FOR SUPPORT OF INTELLIGENCE 
FACILITIES IN CUBA.— 
"(1) 
REDUCTION 
IN ASSISTANCE.—Notwithstanding 
any 
other provision of law, the President shall withhold from assist-
ance provided, on or after the date of the enactment of this 
subsection, for an independent state of the former Soviet Union 
under this Act an amount equal to the sum of assistance 
and credits, if any, provided on or after such date by such 
state in support of intelligence facilities in Cuba, including 
the intelligence facility at Lourdes, Cuba. 
"(2) WAIVER.—(A) The President may waive the require-
ment of paragraph (1) to withhold assistance if the President 
certifies to the appropriate congressional committees that the 
provision of such assistance is important to the national secu-
rity of the United States, and, in the case of such a certification 
made with respect to Russia, if the President certifies that 
the Russian Government has assured the United States Govern-
ment that the Russian Government is not sharing intelligence 
data collected at the Lourdes facility with officials or agents 
of the Cuban Government. 
"(B) At the time of a certification made with respect to 
Russia under subparagraph (A), the President shall also submit 
to the appropriate congressional committees a report describing 
the intelligence activities of Russia in Cuba, including the pur-
poses for which the Lourdes facility is used by the Russian 
Government and the extent to which the Russian Government 
provides payment or government credits to the Cuban Govern-
ment for the continued use of the Lourdes facility. 
"(C) The report required by subparagraph (B) may be 
submitted in classified form. 
"(D) For purposes of this paragraph, the term 'appropriate 
congressional committees' includes the Permanent 
Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate. 
"(3) 
EXCEPTIONS TO REDUCTIONS IN ASSISTANCE.—The 
requirement of paragraph (1) to withhold assistance shall not 
apply with respect to— 
"(A) assistance to meet urgent humanitarian needs, 
including disaster and refugee relief; 
"(B) democratic political reform or rule of law activities; 
"(C) technical assistance for safety upgrades of civilian 
nuclear power plants; 
"(D) the creation of private sector or nongovernmental 
organizations that are independent of government control; 
"(E) the development of a free market economic system; 
President. 
Reports. 
110 STAT. 798 
PUBLIC LAW 104-114—MAR. 12, 1996 
"(F) assistance under the secondary school exchange 
program administered by the United States Information 
Agency; or 
"(G) assistance for the purposes described in the 
Cooperative Threat Reduction Act of 1993 (title XII of 
Public Law 103-160).". 
22 use 6037. 
SEC. 107. TELEVISION BROADCASTING TO CUBA. 
(a) CONVERSION TO UHF.—The Director of the United States 
Information Agency 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 the date 
of the enactment of this Act, and every three months thereafter 
until the conversion described in subsection (a) is fully implemented, 
the Director of the United States Information Agency shall submit 
a report to the appropriate congressional committees on the progress 
made in carrying out subsection (a). 
(c) 
TERMINATION 
OF BROADCASTING 
AUTHORITIES.—Upon 
transmittal of a determination under section 203(c)(3), the Tele-
vision 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. 
President. 
SEC. 108. REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA 
22 use 6038. 
FROM OTHER FOREIGN COUNTRIES. 
(a) REPORTS REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, and by January 1 of each year 
thereafter until the President submits a determination under sec-
tion 203(c)( 1), 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 assist-
ance. 
(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 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 799 
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 facili-
ties 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 other-
wise 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. 
SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND 22 USC 6039 
HUMAN RIGHTS GROUPS AND INTERNATIONAL OBSERV-
ERS. 
(a) AUTHORIZATION.—Notwithstanding any other provision of 
law (including section 102 of this Act), except for section 634A 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) 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 nongovern-
mental 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 independ-
ent democratic groups in Cuba. 
(2) Humanitarian assistance to victims of political repres-
sion, 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) GAS EMERGENCY FUND.— 
(1) FOR SUPPORT OF HUMAN RIGHTS AND ELECTIONS.—The 
President shall t£ike the necessary steps to encourage the 
Grganization of American States to create a special emergency 
fund for the explicit purpose of deploying human rights observ-
ers, election support, and election observation in Cuba. 
(2) ACTION OF OTHER MEMBER STATES.—The President 
should instruct the United States Permanent Representative 
to the Grganization of American States to encourage other 
member states of the Grganization 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-Amer-
ican Commission on Human Rights. 
110 STAT. 800 
PUBLIC LAW 104-114—MAR. 12, 1996 
(3) VOLUNTARY CONTRIBUTIONS FOR FUND.—Notwithstand-
ing section 307 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2227) or any other provision of law hmiting the United 
States proportionate share of assistance to Cuba by any inter-
national 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). 
President. 
(c) DENIAL OF FUNDS TO THE 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. 
22 u s e 6040. 
SEC. 110. IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN PROD-
UCTS. 
(a) PROHIBITION ON IMPORT OF AND DEALINGS IN CUBAN PROD-
UCTS.—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 agree-
ment 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 pro-
duced 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. 
22 u s e 6041. 
SEC. 111. WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES 
SUPPORTING JURAGUA NUCLEAR PLANT IN CUBA. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) President Clinton stated in April 1993 that the United 
States opposed the construction of the Juragua nuclear power 
plant because of the concerns of the United States about Cuba's 
ability to ensure the safe operation of the facility and because 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 801 
of Cuba's refusal to sign the Nuclear Non-Proliferation Treaty 
or ratify the Treaty of Tlatelolco. 
(2) Cuba has not signed the Treaty on the Non-Proliferation 
of Nuclear Weapons or ratified the Treaty of Tlatelolco, the 
latter of which establishes Latin America and the Caribbean 
as a nuclear weapons-free zone. 
(3) The State Department, the Nuclear Regulatory Commis-
sion, and the Department of Energy have expressed concerns 
about the construction and operation of Cuba's nuclear reactors. 
(4) In a September 1992 report to the Congress, the General 
Accounting Office outlined concerns among nuclear energy 
experts about deficiencies in the nuclear plant project in 
Juragua, near Cienfuegos, Cuba, including— 
(A) a lack in Cuba of a nuclear regulatory structure; 
(B) the absence in Cuba of an adequate infrastructure 
to ensure the plant's safe operation and requisite mainte-
nance; 
(C) the inadequacy of training of plant operators; 
(D) reports by a former technician from Cuba who, 
by examining with x-rays weld sites believed to be part 
of the auxiliary plumbing system for the plant, found that 
10 to 15 percent of those sites were defective; 
(E) since September 5, 1992, when construction on 
the plant was halted, the prolonged exposure to the ele-
ments, including corrosive salt water vapor, of the primary 
reactor components; and 
(F) the possible inadequacy of the upper portion of 
the reactors' dome retention capability to withstand only 
7 pounds of pressure per square inch, given that normal 
atmospheric pressure is 32 pounds per square inch and 
United States reactors are designed to accommodate pres-
sures of 50 pounds per square inch. 
(5) The United States Geological Survey claims that it 
had difficulty determining answers to specific questions regard-
ing earthquake activity in the area near Cienfuegos because 
the Cuban Government was not forthcoming with information. 
(6) The Geological Survey has indicated that the Caribbean 
plate, a geological formation near the south coast of Cuba, 
may pose seismic risks to Cuba and the site of the power 
plant, and may produce large to moderate earthquakes. 
(7) On May 25, 1992, the Caribbean plate produced an 
earthquake numbering 7.0 on the Richter scale. 
(8) According to a study by the National Oceanic and 
Atmospheric Administration, summer winds could carry radio-
active pollutants from a nuclear accident at the power plant 
throughout all of Florida and parts of the States on the coast 
of the Gulf of Mexico as far as Texas, and northern winds 
could carry the pollutants as far northeast as Virginia and 
Washington, D.C. 
(9) The Cuban Government, under dictator Fidel Castro, 
in 1962 advocated the Soviets' launching of nuclear missiles 
to the United States, which represented a direct and dangerous 
provocation of the United States and brought the world to 
the brink of a nuclear conflict. 
(10) Fidel Castro over the years has consistently issued 
threats against the United States Government, most recently 
110 STAT. 802 
PUBLIC LAW 104-114—MAR. 12, 1996 
that he would unleash another perilous mass migration from 
Cuba upon the enactment of this Act. 
(11) Despite the various concerns about the plant's safety 
and operational problems, a feasibility study is being conducted 
that would establish a support group to include Russia, Cuba, 
and third countries with the objective of completing and operat-
ing the plant, 
(b) WITHHOLDING OF FOREIGN ASSISTANCE.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the President shall withhold from assistance allocated, 
on or after the date of the enactment of this Act, for any 
country an amount equal to the sum of assistance and credits, 
if any, provided on or after such date of enactment by that 
country or any entity in that country in support of the comple-
tion of the Cuban nuclear facility at Juragua, near Cienfuegos, 
Cuba. 
(2) EXCEPTIONS.—The requirement of paragraph (1) to with-
hold assistance shall not apply with respect to— 
(A) assistance to meet urgent humanitarian needs, 
including disaster and refugee relief; 
(B) democratic political reform or rule of law activities; 
(C) the creation of private sector or nongovernmental 
organizations that are independent of government control; 
(D) the development of a free market economic system; 
(E) assistance for the purposes described in the 
Cooperative Threat Reduction Act of 1993 (title XII of 
Pubhc Law 103-160); or 
(F) assistance under the secondary school exchange 
program administered by the United States Information 
Agency. 
(3) DEFINITION.—As used in paragraph (1), the term "assist-
ance" means assistance under the Foreign Assistance Act of 
1961, credits, sales, guarantees of extensions of credit, and 
other assistance under the Arms Export Control Act, assistance 
under titles I and III of the Agricultural Trade Development 
and Assistance Act of 1954, assistance under the FREEDOM 
Support Act, and any other program of assistance or credits 
provided by the United States to other countries under other 
provisions of law. 
22 u s e 6042. 
SEC. 112. 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 unfet-
tered 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 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 803 
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 refu-
gees, release of political prisoners, recognition of the right of 
association, and other fundamental freedoms. 
SEC. 113. EXPULSION OF CRIMINALS FROM CUBA. 
President. 
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. 
SEC. 114. NEWS BUREAUS IN CUBA. 
22 USC 6044. 
(a) ESTABLISHMENT OF NEWS BUREAUS.—The President is 
authorized to establish and implement an exchange of news bureaus 
between the United States and Cuba, if the exchange meets the 
following conditions: 
(1) The exchange is fully reciprocal. 
(2) The Cuban Government agrees not to interfere with 
the establishment of news bureaus or with the movement in 
Cuba of journalists of any United States-based news organiza-, 
tions, including Radio Marti and Television Marti. 
(3) The Cuban Government agrees not to interfere with 
decisions of United States-based news organizations with 
respect to individuals assigned to work as journalists in their 
news bureaus in Cuba. 
(4) The Department of the Treasury is able to ensure 
that only accredited journalists regularly employed with a news 
gathering organization travel to Cuba under this subsection. 
(5) The Cuban Government agrees not to interfere with 
the transmission of telecommunications signals of news bureaus 
or with the distribution within Cuba of publications of any 
United States-based news organization that has a news bureau 
in Cuba. 
(b) ASSURANCE AGAINST ESPIONAGE.—In implementing this sec-
tion, the President shall take all necessary steps to ensure the 
safety and security of the United States against espionage by Cuban 
journalists it believes to be working for the intelligence agencies 
of the Cuban Government. 
(c) FULLY RECIPROCAL.—^As used in subsection (a)(1), the term 
"fully reciprocal" means that all news services, news organizations, 
and broadcasting services, including such services or organizations 
that receive financing, assistance, or other support from a govern-
mental or official source, are permitted to establish and operate 
a news bureau in the United States and Cuba. 
SEC. 115. EFFECT OF ACT ON LAWFUL UNITED STATES GOVERNMENT 
22 USC 6045. 
ACTIVITIES. 
Nothing in this Act prohibits any lawfully authorized investiga-
tive, protective, or intelligence activity of a law enforcement agency, 
or of an intelligence agency, of the United States. 
SEC. 116. CONDEMNATION OF CUBAN ATTACK ON AMERICAN AIR- 
22 USC 6046. 
CRAFT. 
(a) FINDINGS.—The Congress makes the following findings: 
110 STAT. 804 
PUBLIC LAW 104-114—MAR. 12, 1996 
Brothers to the 
Rescue. 
Pablo Morales. 
Carlos Costa. 
Mario de la Pena. 
Armondo 
Alejandre. 
Condlio Cubano. 
(1) Brothers to the Rescue is a Miami-based humanitarian 
organization engaged in searching for and aiding Cuban refu-
gees in the Straits of Florida, and was engaged in such a 
mission on Saturday, February 24, 1996. 
(2) The members of Brothers to the Rescue were flying 
unarmed and defenseless planes in a mission identical to hun-
dreds they have flown since 1991 and posed no threat whatso-
ever to the Cuban Government, the Cuban military, or the 
Cuban people. 
(3) Statements by the Cuban Government that Brothers 
to the Rescue has engaged in covert operations, bombing cam-
paigns, and commando operations against the Government of 
Cuba have no basis in fact. 
(4) The Brothers to the Rescue aircraft notified air traffic 
controllers as to their flight plans, which would take them 
south of the 24th parallel and close to Cuban airspace. 
(5) International law provides a nation with airspace over 
the 12-mile territorial sea. 
(6) The response of Fidel Castro's dictatorship to Saturday's 
afternoon flight was to scramble 2 fighter jets from a Havana 
airfield. 
(7) At approximately 3:24 p.m., the pilot of one of the 
Cuban MiGs received permission and proceeded to shoot down 
one Brothers to the Rescue airplane more than 6 miles north 
of the Cuban exclusion zone, or 18 miles from the Cuban 
coast. 
(8) Approximately 7 minutes later, the pilot of the Cuban 
fighter jet received permission and proceeded to shoot down 
the second Brothers to the Rescue airplane almost 18.5 miles 
north of the Cuban exclusion zone, or 30.5 miles from the 
Cuban coast. 
(9) The Cuban dictatorship, if it truly felt threatened by 
the flight of these unarmed aircraft, could have and should 
have pursued other peaceful options as required by inter-
national law. 
(10) The response chosen by Fidel Castro, the use of lethal 
force, was completely inappropriate to the situation presented 
to the Cuban Government, making such actions a blatant and 
barbaric violation of international law and tantamount to cold-
blooded murder. 
(11) There were no survivors of the attack on these aircraft, 
and the crew of a third aircraft managed to escape this criminal 
attack by Castro's Air Force. 
(12) The crew members of the destroyed planes, Pablo 
Morales, Carlos Costa, Mario de la Pena, and Armando 
Alejandre, were United States citizens from Miami flying with 
Brothers to the Rescue on a voluntary basis. 
(13) It is incumbent upon the United States Government 
to protect the lives and livelihoods of United States citizens 
as well as the rights of free passage and humanitarian missions. 
(14) TTiis premeditated act took place after a week-long 
wave of repression by the Cuban Government against Concilio 
Cubano, an umbrella organization of human rights activists, 
dissidents, independent economists, and independent journal-
ists, among others. 
(15) The wave of repression against Concilio Cubano, whose 
membership is committed to peaceful democratic change in 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 805 
Cuba, included arrests, strip searches, house arrests, and in 
some cases sentences to more than 1 year in jail. 
(b) STATEMENTS BY THE CONGRESS.—(1) The Congress strongly 
condemns the act of terrorism by the Castro regime in shooting 
down the Brothers to the Rescue aircraft on February 24, 1996. 
(2) The Congress extends its condolences to the families of 
Pablo Morales, Carlos Costa, Mario de la Pena, and Armando 
Alejandre, the victims of the attack. 
(3) The Congress urges the President to seek, in the Inter-
national Court of Justice, indictment for this act of terrorism by 
Fidel Castro. 
TITLE II—ASSISTANCE TO A FREE AND 
INDEPENDENT CUBA 
SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMO- 
22 USC 6061 
CRATICALLY ELECTED GOVERNMENT 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 country. 
(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 intransigence of the Castro regime in not allowing any 
substantive political or economic reforms, and to be prepared 
to provide the Cuban people with humanitarian, developmental, 
and other economic assistance. 
(5) In solidarity with the Cuban people, to provide appro-
priate forms of assistance— 
(A) to a transition government in Cuba; 
(B) to facilitate the rapid movement from such a transi-
tion government to a democratically elected government 
in Cuba that results from an expression of the self-deter-
mination of the Cuban people; and 
(C) to support such a democratically elected govern-
ment. 
(6) Through such assistance, to facilitate a peaceful transi-
tion to representative democracy and a market economy in 
Cuba and to consolidate democracy in Cuba. 
(7) To deliver such assistance to the Cuban people only 
through a transition government in Cuba, through a democrat-
ically elected government in Cuba, through United States 
Government organizations, or through United States, inter-
national, or indigenous nongovernmental organizations. 
(8) To encourage other countries and multilateral organiza-
tions to provide similar assistance, and to work cooperatively 
with such countries and organizations to coordinate such assist-
ance. 
110 STAT. 806 
PUBLIC LAW 104-114—MAR. 12, 1996 
(9) To ensure that appropriate assistance is rapidly pro-
vided and distributed to the people of Cuba upon the institution 
of a transition government in Cuba. 
(10) Not to provide favorable treatment or influence on 
behalf of any individual or entity in the selection by the Cuban 
people of their future government. 
(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 demo-
cratically elected government in Cuba either to return the 
United States Naval Base at Guantanamo to Cuba or to renego-
tiate 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 organizations when the President determines 
that there exists a democratically elected government in Cuba. 
(14) To take steps to remove the economic embargo of 
Cuba when the President determines that a transition to a 
democratically elected government in Cuba has begun. 
(15) To assist a democratically elected government in Cuba 
to strengthen and stabilize its national currency. 
(16) To pursue trade relations with a free, democratic, 
and independent Cuba. 
President. 
SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE. 
22 use 6062. 
, , . 
(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 transition government or a demo-
cratically elected government in Cuba (as determined under 
section 203(c)) is in power. 
(2) EFFECT ON OTHER LAWS.—Assistance may be provided 
under this section subject to an authorization of appropriations 
and subject to the availability of appropriations. 
(b) PLAN FOR ASSISTANCE.— 
(1) DEVELOPMENT OF PLAN.—The President shall develop 
a plan for providing assistance under this section— 
(A) to Cuba when a transition government in Cuba 
is in power; and 
(B) to Cuba when a democratically elected government 
in Cuba is in power. 
(2) TYPES OF ASSISTANCE.—Assistance under the plan devel-
oped under paragraph (1) may, subject to an authorization 
of appropriations and subject to the availability of appropria-
tions, include the following: 
(A) TRANSITION GOVERNMENT.—(i) Except as provided 
in clause (ii), assistance to Cuba under a transition govern-
ment shall, subject to an authorization of appropriations 
and subject to the availability of appropriations, be limited 
to— 
(I) such food, medicine, medical supplies and equip-
ment, and assistance to meet emergency energy needs, 
as is necessary to meet the basic human needs of 
the Cuban people; and 
(II) assistance described in subparagraph (C). 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 807 
(ii) Assistance in addition to assistance under clause 
(i) may be provided, but only after the President certifies 
to the appropriate congressional committees, in accordance 
with procedures applicable to reprogramming notifications 
under section 634A of the Foreign Assistance Act of 1961, 
that such assistance is essential to the successful comple-
tion of the transition to democracy. 
(iii) Only after a transition government in Cuba is 
in power, freedom of individuals to travel to visit their 
relatives without any restrictions shall be permitted. 
(B) DEMOCRATICALLY ELECTED GOVERNMENT.—Assist-
ance to a democratically elected government in Cuba may, 
subject to an authorization of appropriations and subject 
to the availability of appropriations, consist of economic 
assistance in addition to assistance available 
under 
subparagraph (A), 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 economic support fund), of the Foreign 
Assistance Act of 1961; 
(ii) assistance under the Agricultural Trade Devel-
opment and Assistance Act of 1954; 
(iii) financing, guarantees, and other forms of 
assistance provided by the Export-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 Develop-
ment Agency; 
(vi) Peace Corps programs; and 
(vii) other appropriate assistance to carry out the 
policy of section 201. 
(C) MILITARY ADJUSTMENT ASSISTANCE.—Assistance to 
a transition government in Cuba and to a democratically 
elected government in Cuba shall also include assistance 
in preparing the Cuban military forces to adjust to an 
appropriate role in a democracy. 
(c) STRATEGY FOR DISTRIBUTION.—The plan developed under 
subsection (b) shall include a strategy for distributing assistance 
under the plan. 
(d) DISTRIBUTION.—^Assistance under the plan developed under 
subsection (b) shall be provided through United States Government 
organizations and nongovernmental organizations and private and 
voluntary organizations, whether within or outside the United 
States, including humanitarian, educational, labor, and private sec-
tor organizations. 
(e) INTERNATIONAL EFFORTS.—The President shall take the nec-
essary steps— 
(1) 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 
110 STAT. 808 
PUBLIC LAW 104-114—MAR. 12, 1996 
(2) to work with such countries, institutions, and organiza-
tions to coordinate all such assistance programs. 
(f) COMMUNICATION WITH THE CUBAN PEOPLE.—The President 
shall take the necessary steps to communicate to the Cuban people 
the plan for assistance developed under this section. 
(g) REPORT TO CONGRESS.—Not later than 180 days after the 
date of the enactment of this Act, the President shall transmit 
to the appropriate congressional committees a report describing 
in detail the plan developed under this section. 
(h) REPORT ON TRADE AND INVESTMENT RELATIONS.— 
(1) REPORT TO CONGRESS.—The President, following the 
transmittal to the Congress of a determination under section 
203(c)(3) that a democratically elected government in Cuba 
is in power, shall submit to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance 
of the Senate and the appropriate congressional committees 
a report that describes— 
(A) acts, policies, and practices which constitute signifi-
cant barriers to, or distortions of, United States trade in 
goods or services or foreign direct investment with respect 
to Cuba; 
(B) policy objectives of the United States regarding 
trade relations with a democratically elected government 
in Cuba, and the reasons therefor, including possible— 
(i) reciprocal extension of nondiscriminatory trade 
treatment (most-favored-nation treatment); 
(ii) designation of Cuba as a beneficiary developing 
country under title V of the Trade Act of 1974 (relating 
to the Generalized System of Preferences) or as a bene-
ficiary country under the Caribbean Basin Economic 
Recovery Act, and the implications of such designation 
with respect to trade with any other country that is 
such a beneficiary developing country or beneficiary 
country or is a party to the North American Free 
Trade Agreement; and 
(iii) negotiations regarding free trade, including 
the accession of Cuba to the North American Free 
Trade Agreement; 
(C) specific trade negotiating objectives of the United 
States with respect to Cuba, including the objectives 
described in section 108(b)(5) of the North American Free 
Trade 
Agreement 
Implementation 
Act 
(19 
U.S.C. 
3317(b)(5)); and 
(D) actions proposed or anticipated to be undertaken, 
and any proposed legislation necessary or appropriate, to 
achieve any of such policy and negotiating objectives. 
(2) CONSULTATION.—The President shall consult with the 
Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate and the appro-
priate congressional committees and shall seek advice from 
the appropriate advisory committees established under section 
135 of the Trade Act of 1974 regarding the policy and negotiat-
ing objectives and the legislative proposals described in para-
graph (1). 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 809 
SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTA- 
President 
TION AND REPORTS TO CONGRESS; REPROGRAMMING. 
22 USC 6063 
(a) COORDINATING OFFICIAL.—The President shall designate a 
coordinating official who shall be responsible for— 
(1) implementing the strategy for distributing assistance 
described in section 202(b); 
(2) ensuring the speedy and efficient distribution of such 
assistance; and 
(3) ensuring coordination among, and appropriate oversight 
by, the agencies of the United States that provide assistance 
described in section 202(b), including resolving any disputes 
among such agencies. 
(b) UNITED STATES-CUBA COUNCIL.—Upon making a determina-
tion under subsection (c)(3) that a democratically elected govern-
ment in Cuba is in power, the President, after consultation with 
the coordinating official, is authorized to designate a United States-
Cuba council— 
(1) to ensure coordination between the United States 
Government and the private sector in responding to change 
in Cuba, and in promoting market-based development in Cuba; 
and 
(2) to establish periodic meetings between representatives 
of the United States and Cuban private sectors for the purpose 
of facilitating bilateral trade. 
(c) IMPLEMENTATION OF PLAN; REPORTS TO CONGRESS.— 
(1) IMPLEMENTATION WITH RESPECT TO TRANSITION GOVERN-
MENT.—Upon making a determination that a transition govern-
ment in Cuba is in power, the President shall transmit that 
determination to the appropriate congressional committees and 
shall, subject to an authorization of appropriations and subject 
to the availability of appropriations, commence the delivery 
and distribution of assistance to such transition government 
under the plan developed under section 202(b). 
(2) REPORTS TO CONGRESS.—(A) The President shall trans-
mit to the appropriate concessional 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 accordance with the plan. 
(B) The President shall transmit the report not later than 
90 days after making the determination referred to in para-
graph (1), except that the President shall transmit the report 
in preliminary form not later than 15 days after making that 
determination. 
(3) IMPLEMENTATION WITH RESPECT TO DEMOCRATICALLY 
ELECTED GOVERNMENT.—The President shall, upon determining 
that a democratically elected government in Cuba is in power, 
submit that determination to the appropriate congressional 
committees and shall, subject to an authorization of appropria-
tions and subject to the availability of appropriations, com-
mence the delivery and distribution of assistance to such demo-
cratically 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 congressional committees a report 
29-194 O - 96 - 27 : QL 3 Part 1 
110 STAT. 810 
PUBLIC LAW 104-114—MAR. 12, 1996 
on the assistance provided under the plan developed under 
section 202(b), including a description of each type of assistance, 
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 assistance to be pro-
vided under the plan developed under section 202(b) may not be 
made unless the President notifies the appropriate congressional 
committees at least 15 days in advance in accordance with the 
procedures applicable to reprogramming notifications under section 
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1). 
22 use 6064. 
SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA. 
(a) PRESIDENTIAL ACTIONS.—Upon submitting a determination 
to the appropriate congressional committees under section 203(c)(1) 
that a transition government in Cuba is in power, the President, 
after consultation with the Congress, is authorized to take steps 
to suspend the economic embargo of Cuba and to suspend the 
right of action created in section 302 with respect to actions there-
after filed against the Cuban Government, to the extent that such 
steps contribute to a stable foundation for a democratically elected 
government in Cuba. 
(b) SUSPENSION OF CERTAIN PROVISIONS OF LAW.—In carrjdng 
out subsection (a), the President may suspend the enforcement 
of— 
(1) section 620(a) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2370(a)); 
(2) section 620(f) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2370(f)) with respect to the "Republic of Cuba"; 
(3) sections 1704, 1705(d), and 1706 of the Cuban Democ-
racy Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005); 
(4) section 902(c) of the Food Security Act of 1985; and 
(5) the prohibitions on transactions described in part 515 
of title 31, Code of Federal Regulations. 
(c) ADDITIONAL PRESIDENTIAL ACTIONS.—Upon submitting a 
determination to the appropriate 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 
embargo of Cuba, including the restrictions under part 515 of title 
31, Code of Federal Regulations. 
(d) CONFORMING AMENDMENTS.—On the date on which the 
President submits a determination under section 203(c)(3)— 
(1) section 620(a) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2370(a)) is repealed; 
(2) section 620(f) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2370(f» is amended by striking "RepuWic of Cuba"; 
(3) sections 1704, 1705(d), and 1706 of the Cuban Democ-
racy Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are 
repealed; and 
7 use 1446g 
(4) section 902(c) of the Food Security Act of 1985 is 
note. 
repealed. 
(e) REVIEW OF SUSPENSION OF ECONOMIC EMBARGO.— 
(1) REVIEW.—If the President takes action under subsection 
(a) to suspend the economic embargo of Cuba, the President 
shall immediately so notify the Congress. The President shall 
report to the Congress no less frequently than every 6 months 
thereafter, until he submits a determination under section 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 811 
203(c)(3) that a democratically elected government in Cuba 
is in power, on the progress being made by Cuba toward the 
establishment of such a democratically elected government. 
The action of the President under subsection (a) shall cease 
to be effective upon the enactment of a joint resolution described 
in paragraph (2). 
(2) JOINT RESOLUTIONS.—For purposes of this subsection, 
the term "joint resolution" means only a joint resolution of 
the 2 Houses of Congress, the matter after the resolving clause 
of which is as follows: "That the Congress disapproves the 
action of the President under section 204(a) of the Cuban Lib-
erty and Democratic Solidarity (LIBERTAD) Act of 1996 to 
suspend the economic embargo of Cuba, notice of which was 
submitted to the Congress on 
.", with the blank space 
being filled with the appropriate date. 
(3) REFERRAL TO COMMITTEES.—Joint resolutions intro-
duced in the House of Representatives shall be referred to 
the Committee on International Relations and joint resolutions 
introduced in the Senate shall be referred to the Committee 
on Foreign Relations. 
(4) PROCEDURES.—(A) Any joint resolution shall be consid-
ered in the Senate in accordance with the provisions of section 
601(b) of the International Security Assistance and Arms 
Export Control Act of 1976. 
(B) For the purpose of expediting the consideration and 
enactment of 
joint resolutions, a motion to proceed to the consid-
eration of any joint resolution after it has been reported by 
the appropriate committee shall be treated as highly privileged 
in the House of Representatives. 
(C) Not more than 1 joint resolution may be considered President. 
in the House of Representatives and the Senate in the 6- Notification. 
month period beginning on the date on which the President 
notifies the Congress under paragraph (1) of the action taken 
under subsection (a), and in each 6-month period thereafter. 
SEC. 205. REQUIREMENTS AND FACTORS FOR DETERMINING A TRANSI- 
22 USC 6065 
TION GOVERNMENT, 
(a) REQUIREMENTS.—For the purposes of this Act, a transition 
government in Cuba is a government that— 
(1) has legalized all political activity; 
(2) has released all political prisoners and allowed for inves-
tigations of Cuban prisons by appropriate international human 
rights organizations; 
(3) has dissolved the present Department of State Security 
in the Cuban Ministry of the Interior, including the Committees 
for the Defense of the Revolution and the Rapid Response 
Brigades; and 
(4) has made public commitments to organizing free and 
fair elections for a new government— 
(A) to be held in a timely manner within a period 
not to exceed 18 months after the transition government 
assumes power; 
(B) with the participation of multiple independent 
political parties that have full access to the media on 
an equal basis, including (in the case of radio, television, 
or other telecommunications media) in terms of allotments 
110 STAT. 812 
PUBLIC LAW 104-114—MAR. 12, 1996 
of time for such access and the times of day such allotments 
are given; and 
(C) to be conducted under the supervision of inter-
nationally recognized observers, such as the Organization 
of American States, the United Nations, and other election 
monitors; 
(5) has ceased any interference with Radio Marti or Tele-
vision Marti broadcasts; 
(6) makes public commitments to and is making demon-
strable progress in— 
(A) establishing an independent judiciary; 
(B) 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; 
(C) allowing the establishment of independent trade 
unions as set forth in conventions 87 and 98 of the Inter-
national Labor Organization, and allowing the establish-
ment of independent social, economic, and political associa-
tions; 
(7) does not include Fidel Castro or Raul Castro; and 
(8) has given adequate assurances that it will allow the 
speedy and efficient distribution of assistance to the Cuban 
people. 
President. 
(b) ADDITIONAL FACTORS.—In addition to the requirements in 
subsection (a), in determining whether a transition government 
in Cuba is in power, the President shall take into account the 
extent to which that government— 
(1) is demonstrably in transition from a communist totali-
tarian dictatorship to representative democracy; 
(2) has made public commitments to, and is making demon-
strable progress in— 
(A) effectively guaranteeing the rights of free speech 
and freedom of the press, including granting permits to 
privately owned media and telecommunications companies 
to operate in Cuba; 
(B) permitting the reinstatement of citizenship to 
Cuban-born persons returning to Cuba; 
(C) assuring the right to private property; and 
(D) taking appropriate steps to return to United States 
citizens (and entities which are 50 percent or more bene-
ficially owned by United States citizens) property taken 
by the Cuban Government from such citizens and entities 
on or after January 1, 1959, or to provide equitable com-
pensation to such citizens and entities for such property; 
(3) has extradited or otherwise rendered to the United 
States all persons sought by the United States Department 
of Justice for crimes committed in the United States; and 
(4) has permitted the deployment throughout Cuba of 
independent and unfettered international human rights mon-
itors. 
22 u s e 6066 
SEC. 206. REQUIREMENTS FOR DETERMINING A DEMOCRATICALLY 
ELECTED GOVERNMENT. 
For purposes of this Act, a democratically elected government 
in Cuba, in addition to meeting the requirements of section 205(a), 
is a government which— 
(1) results from free and fair elections— 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 813 
(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 eco-
nomic 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 enjoy-
ment 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. 
SEC. 207. SETTLEMENT OF OUTSTANDING UNITED STATES CLAIMS TO 
22 USC 6067. 
CONFISCATED PROPERTY IN CUBA. 
(a) REPORT TO CoNcmESS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State shall 
provide a report to the appropriate congressional committees 
containing an assessment of the property dispute question in Cuba, 
including— 
(1) an estimate of the number and amount of claims to 
property confiscated by the Cuban Government that are held 
by United States nationals in addition to those claims certified 
under section 507 of the International Claims Settlement Act 
of 1949; 
(2) an assessment of the significance of promptly resolving 
confiscated property claims to the revitalization of the Cuban 
economy; 
(3) a review and evaluation of technical and other assist-
ance that the United States could provide to help either a 
transition govemme;nt in Cuba or a democratically elected 
government in Cuba establish mechanisms to resolve property 
questions; 
(4) an assessment of the role and types of support the 
United States could provide to help resolve claims to property 
confiscated by the Cuban Government that are held by United 
States nationals who did not receive or qualify for certification 
under section 507 of the International Claims Settlement Act 
of 1949; and 
(5) an assessment of any areas requiring legislative review 
or action regarding the resolution of property claims in Cuba 
prior to a change of government in Cuba. 
(d) SENSE OF CONGRESS.—It is the sense of the Congress that 
the satisfactory resolution of property claims by a Cuban Govern-
ment recognized by the United States remains an essential condition 
110 STAT. 814 
PUBLIC LAW 104-114—MAR. 12, 1996 
for the full resumption of economic and diplomatic relations between 
the United States and Cuba. 
, 
TITLE III—PROTECTION OF PROPERTY 
RIGHTS OF UNITED STATES NATIONALS 
22 use 6081. 
SEC. 301. FINDINGS. 
The Congress makes the following findings: 
(1) Individuals enjoy a fundamental right to own and enjoy 
property which is enshrined in the United States Constitution. 
(2) The wrongful confiscation or taking of property belong-
ing to United States nationals by the Cuban Government, and 
the subsequent exploitation of this property at the expense 
of the rightful owner, undermines the comity of nations, the 
free flow of commerce, and economic development. 
Fidel Castro. 
(3) Since Fidel Castro seized power in Cuba in 1959— 
(A) he has trampled on the fundamental rights of the 
Cuban people; and 
(B) through his personal despotism, he has confiscated 
the property of— 
(i) millions of his own citizens; 
(ii) thousands of United States nationals; and 
(iii) thousands more Cubans who claimed asylum 
in the United States as refugees because of persecution 
and later became naturalized citizens of the United 
States. 
(4) It is in the interest of the Cuban people that the 
Cuban Government respect equally the property rights of 
Cuban nationals and nationals of other countries. 
(5) The Cuban Government is offering foreign investors 
the opportiuiity to purchase an equity interest in, manage, 
or enter into joint ventures using property and assets some 
of which were confiscated from United States nationals. 
(6) This "trafficking" in confiscated property provides badly 
needed financial benefit, including hard currency, oil, and 
productive investment and expertise, to the current Cuban 
Government and thus undermines the foreign policy of the 
United States— 
(A) to bring democratic institutions to Cuba through 
the pressure of a general economic embargo at a time 
when the Castro regime has proven to be vulnerable to 
international economic pressure; and 
(B) to protect the claims of United States nationals 
who had property wrongfully confiscated by the Cuban 
Government. 
(7) The United States Department of State has notified 
other governments that the transfer to third parties of prop-
erties confiscated by the Cuban Government "would complicate 
any attempt to return them to their original owners". 
(8) The international judicial system, as currently struc-
tured, 
lacks 
fully 
effective 
remedies 
for 
the 
wrongful 
confiscation of property and for unjust enrichment from the 
use of wrongfully confiscated property by governments and 
private entities at the expense of the rightful owners of the 
property. 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 815 
(9) International law recognizes that a nation has the abil-
ity to provide for rules of law with respect to conduct outside 
its territory that has or is intended to have substantial effect 
within its territory. 
(10) The United States Government has an obligation to 
its citizens to provide protection against wrongful confiscations 
by foreign nations and their citizens, including the provision 
of private remedies. 
(11) To deter trafficking in wrongfully confiscated property, 
United States nationals who were the victims of these 
confiscations should be endowed with a judicial remedy in 
the courts of the United States that would deny traffickers 
any profits from economically exploiting Castro's wrongful sei-
zures. 
SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY 
22 USC 6082. 
CLAIMED BY UNITED STATES NATIONALS. 
(a) CIVIL REMEDY.— 
(1) LIABILITY FOR TRAFFICKING.—(A) Except as otherwise 
provided in this section, any person that, after the end of 
the 3-month period beginning on the effective date of this 
title, traffics in property which was confiscated by the Cuban 
Government on or after January 1, 1959, shall be liable to 
any United States national who owns the claim to such property 
for money damages in an amount equal to the sum o
f
— 
(i) the amount which is the greater o
f
— 
(I) the amount, if any, certified to the claimant 
by the Foreign Claims Settlement Commission under 
the International Claims Settlement Act of 1949, plus 
interest; 
(II) 
the 
amount 
determined 
under 
section 
303(a)(2), plus interest; or 
(III) the fair market value of that property, cal-
culated as being either the current value of the prop-
erty, or the value of the property when confiscated 
plus interest, whichever is greater; and 
(ii) court costs and reasonaJble attorneys' fees. 
(B) Interest under subparagraph (A)(i) shall be at the rate 
set forth in section 1961 of title 28, United States Code, com-
puted by the court fi'om the date of confiscation of the property 
involved to the date on which the action is brought under 
this subsection. 
(2) PRESUMPTION IN FAVOR OF THE CERTIFIED CLAIMS.— 
There shall be a presumption that the amount for which a 
person is liable under clause (i) of paragraph (1)(A) is the 
amount that is certified as described in subclause (I) of that 
clause. The presumption shall be rebuttable by clear and 
convincing evidence that the amount described in subclause 
(II) or (III) of that clause is the appropriate amount of liability 
under that clause. 
(3) INCREASED LIABILITY.—(A) Any person that traffics in 
confiscated property for which liability is incurred under para-
graph (1) shall, if a United States national owns a claim with 
respect to that property which was certified by the Foreign 
Claims Settlement Commission under title V of the Inter-
national Claims Settlement Act of 1949, be liable for damages 
computed in accordance with subparagraph (C). 
110 STAT. 816 
PUBLIC LAW 104-114—MAR. 12, 1996 
(B) If the claimant in an action under this subsection 
(other than a United States national to whom subparagraph 
(A) applies) provides, after the end of the 3-month period 
described in paragraph (1) notice to— 
(i) a person against whom the action is to be initiated, 
or 
(ii) a person who is to be joined as a defendant in 
the action, 
at least 30 days before initiating the action or joining such 
person as a defendant, as the case may be, and that person, 
after the end of the 30-day period beginning on the date the 
notice is provided, traffics in the confiscated property that 
is the subject of the action, then that person shall be liable 
to that claimant for damages computed in accordance with 
subparagraph (C). 
(C) Damages for which a person is liable under subpara-
graph (A) or subparagraph (B) are money damages in an 
amount equal to the sum of— 
(i) the amount determined under paragraph (l)(A)(ii), 
and 
(ii) 3 times the amount determined applicable under 
paragraph (l)(A)(i). 
(D) Notice to a person under subparagraph (B)— 
(i) shall be in writing; 
(ii) shall be posted by certified mail or personally deliv-
ered to the person; and 
(iii) shall contain— 
(I) a statement of intention to commence the action 
under this section or to join the person as a defendant 
(as the case may be), together with the reasons there-
for; 
(II) a demand that the unlawful trafficking in the 
claimant's property cease immediately; and 
(III) a copy of the summary statement published 
under paragraph (8). 
(4) APPLICABILITY.—(A) Except as otherwise provided in 
this paragraph, actions may be brought under paragraph (1) 
with respect to property confiscated before, on, or after the 
date of the enactment of this Act. 
(B) In the case of property confiscated before the date 
of the enactment of this Act, a United States national may 
not bring an action under this section on a claim to the con-
fiscated property unless such national acquires ownership of 
the claim before such date of enactment. 
(C) In the case of property confiscated on or after the 
date of the enactment of this Act, a United States national 
who, after the property is confiscated, acquires ownership of 
a claim to the property by assignment for value, may not 
bring an action on the claim under this section. 
(5) TREATMENT OF CERTAIN ACTIONS.—(A) In the case of 
a United States national who was eligible to file a claim with 
the Foreign Claims Settlement Commission under title V of 
the International Claims Settlement Act of 1949 but did not 
so file the claim, that United States national may not bring 
an action on that claim under this section. 
(B) In the case of any action brought under this section 
by a United States national whose underlying claim in the 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 817 
action was timely filed with the Foreign Claims Settlement 
Commission under title V of the International Claims Settle-
ment Act of 1949 but was denied by the Commission, the 
court shall accept the findings of the Commission on the claim 
as conclusive in the action under this section. 
(C) A United States national, other than a United States 
national bringing an action under this section on a claim cer-
tified under title V of the International Claims Settlement 
Act of 1949, may not bring an action on a claim under this 
section before the end of the 2-year period beginning on the 
date of the enactment of this Act. 
(D) An interest in property for which a United States 
national has a claim certified under title V of the International 
Claims Settlement Act of 1949 may not be the subject of a 
claim in an action under this section by any other person. 
Any person bringing an action under this section whose claim 
has not been so certified shall have the burden of establishing 
for the court that the interest in property that is the subject 
of the claim is not the subject of a claim so certified. 
(6) INAPPLICABILITY OF ACT OF STATE DOCTRINE.—NO court 
of the United States shall decline, based upon the act of state 
doctrine, to make a determination on the merits in an action 
brought under paragraph (1). 
(7) LICENSES NOT REQUIRED.—(A) Notwithstanding any 
other provision of law, an action under this section may be 
brought and may be settled, and a judgment rendered in such 
action may be enforced, without obtaining any license or other 
permission from any agency of the United States, except that 
this paragraph shall not apply to the execution of a judgment 
against, or the settlement of actions involving, property blocked 
under the authorities of section 5(b) of the Trading with the 
Enemy Act that were being exercised on July 1, 1977, as 
a result of a national emergency declared by the President 
before such date, and are being exercised on the date of the 
enactment of this Act. 
(B) Notwithstanding any other provision of law, and for 
purposes of this title only, any claim against the Cuban Govern-
ment shall not be deemed to be an interest in property the 
transfer of which to a United States national required before 
the enactment of this Act, or requires after the enactment 
- 
. 
of this Act, a license issued by, or the permission of, any 
agency of the United States. 
(8) PUBLICATION BY ATTORNEY GENERAL.—Not later than 
Federal Register, 
60 days after the date of the enactment of this Act, the Attorney publication. 
General shall prepare and publish in the Federal Register 
a concise summary of the provisions of this title, including 
a statement of the liability under this title of a person traffick-
ing in confiscated property, and the remedies available to 
United States nationals under this title. 
(b) AMOUNT IN CONTROVERSY.—An action may be brought under 
this section by a United States national only where the amount 
in controversy exceeds the sum or value of $50,000, exclusive of 
interest, costs, and attorneys' fees. In calculating $50,000 for pur-
poses of the preceding sentence, the applicable amount under 
subclause (I), (II), or (III) of subsection (a)(l)(A)(i) may not be 
tripled as provided in subsection (a)(3). 
(c) PROCEDURAL REQUIREMENTS.— 
110 STAT. 818 
PUBLIC LAW 104-114—MAR. 12, 1996 
(1) IN GENERAL.—Except as provided in this title, the provi-
sions of title 28, United States Code, and the rules of the 
courts of the United States apply to actions under this section 
to the same extent as such provisions and rules apply to any 
other action brought under section 1331 of title 28, United 
States Code. 
(2) SERVICE OF PROCESS.—In an action under this section, 
service of process on an agency or instrumentality of a foreign 
state in the conduct of a commercial activity, or against individ-
uals acting under color of law, shall be made in accordance 
with section 1608 of title 28, United States Code. 
(d) ENFORCEABILITY OF JUDGMENTS AGAINST CUBAN GOVERN-
MENT.—In an action brought under this section, any judgment 
against an agency or instrumentality of the Cuban Government 
shall not be enforceable against an agency or instrumentality of 
either a transition government in Cuba or a democratically elected 
government in Cuba. 
(e) 
CERTAIN PROPERTY IMMUNE FROM EXECUTION.—Section 
1611 of title 28, United States Code, is amended by adding at 
the end the following new subsection: 
"(c) Notwithstanding the provisions of section 1610 of this chap-
ter, the property of a foreign state shall be immune from attachment 
and from execution in an action brought under section 302 of 
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
1996 to the extent that the property is a facility or installation 
used by an accredited diplomatic mission for official purposes.". 
if) ELECTION OF REMEDIES.— 
(1) ELECTION.—Subject to paragraph (2)— 
(A) any United States national that brings an action 
under this section may not bring any other civil action 
or proceeding under the common law, Federal law, or the 
law of any of the several States, the District of Columbia, 
or £iny commonwealth, territory, or possession of the United 
States, that seeks monetary or nonmonetary compensation 
by reason of the same subject matter; and 
(B) £iny person who brings, under the common law 
or any provision of law other than this section, a civil 
action or proceeding for monetary or nonmonetary com-
pensation arising out of a claim for which an action would 
otherwise be cognizable under this section may not bring 
an action under this section on that claim. 
(2) TREATMENT OF CERTIFIED CLAIMANTS.—(A) In the case 
of any United States national that brings an action under 
this section based on a claim certified under title V of the 
International Claims Settlement Act of 1949— 
(i) if the recovery in the action is equal to or greater 
than the amount of the certified claim, the United States 
national may not receive payment on the claim under any 
agreement entered into between the United States and 
Cuba settling claims covered by such title, and such 
national shall be deemed to have discharged the United 
States fi-om any fiirther responsibility to represent the 
United States national with respect to that claim; 
(ii) if the recovery in the action is less than the amount 
of the certified claim, the United States national may 
receive payment under a claims agreement described in 
clause (i) but only to the extent of the difference between 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 819 
the amount of the recovery and the amount of the certified 
claim; and 
(iii) if there is no recovery in the action, the United 
States national may receive payment on the certified claim 
under a claims agreement described in clause (i) to the 
same extent as any certified claimant who does not bring 
an action under this section. 
(B) In the event some or all actions brought under this 
section are consolidated by judicial or other action in such 
manner as to create a pool of assets available to satisfy the 
claims in such actions, including a pool of assets in a proceeding 
in bankruptcy, every claimant whose claim in an action so 
consolidated was certified by the Foreign Claims Settlement 
Commission under title V of the International Claims Settle-
ment Act of 1949 shall be entitled to payment in full of its 
claim from the assets in such pool before any payment is 
made from the assets in such pool with respect to any claim 
not so certified. 
(g) DEPOSIT OF EXCESS PAYMENTS BY CUBA UNDER CLAIMS 
AGREEMENT.—Any amounts paid by Cuba under any agreement 
entered into between the United States and Cuba settling certified 
claims under title V of the International Claims Settlement Act 
of 1949 that are in excess of the payments made on such certified 
claims after the application of subsection (f) shall be deposited 
into the United States Treasury. 
(h) TERMINATION OF RIGHTS.— 
(1) IN GENERAL.—All rights created under this section to 
bring an action for money damages with respect to property 
confiscated by the Cuban Government— 
(A) may be suspended under section 204(a); and 
(B) shall cease upon transmittal to the Congress of 
a determination of the President under section 203(c)(3) 
that a democratically elected government in Cuba is in 
power. 
(2) PENDING SUITS.—The suspension or termination of 
rights under paragraph (1) shall not affect suits commenced 
before the date of such suspension or termination (as the case 
may be), and in all such suits, proceedings shall be had, appeals 
taken, and judgments rendered in the same manner and with 
the same effect as if the suspension or termination had not 
occurred. 
(i) IMPOSITION OF FILING FEES.—The Judicial Conference of 
the United States shall establish a uniform fee that shall be imposed 
upon the plaintiff or plaintiffs in each action brought under this 
section. The fee should be established at a level sufficient to recover 
the costs to the courts of actions brought under this section. The 
fee under this subsection is in addition to any other fees imposed 
under title 28, United States Code. 
SEC. 303. PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED PROP- 
22 USC 6083. 
ERTY. 
(a) EVIDENCE OF OWNERSHIP.— 
(1) CONCLUSIVENESS OF CERTIFIED CLAIMS.—In any action 
brought under this title, the court shall accept as conclusive 
proof of ownership of an interest in property a certification 
of a claim to ownership of that interest that has been made 
by the Foreign Claims Settlement Commission under title V 
110 STAT. 820 
PUBLIC LAW 104-114—MAR. 12, 1996 
of the International Claims Settlement Act of 1949 (22 U.S.C. 
1643 and following). 
(2) CLAIMS NOT CERTIFIED.—If in an action under this 
title a claim has not been so certified by the Foreign Claims 
Settlement Commission, the court may appoint a special mas-
ter, including the Foreign Claims Settlement Commission, to 
make determinations regarding the amount and ownership of 
the claim. Such determinations are only for evidentiary pur-
poses in civil actions brought under this title and do not con-
stitute certifications under title V of the International Claims 
Settlement Act of 1949. 
(3) 
EFFECT OF DETERMINATIONS OF FOREIGN OR INTER-
NATIONAL ENTITIES.—In determining the amount or ownership 
of a claim in an action under this title, the court shall not 
accept as conclusive evidence any findings, orders, judgments, 
or decrees fi*om administrative agencies or courts of foreign 
countries or international organizations that declare the value 
of or invalidate the claim, unless the declaration of value or 
invalidation was found pursuant to binding international 
arbitration to which the United States or the claimant submit-
ted the claim. 
(b) AMENDMENT OF THE INTERNATIONAL CLAIMS SETTLEMENT 
ACT OF 1949.—Title V of the International Claims Settlement Act 
of 1949 (22 U.S.C. 1643 and following) is amended by adding 
at the end the following new section: 
"DETERMINATION OF OWNERSHIP OF CLAIMS REFERRED BY DISTRICT 
COURTS OF THE UNITED STATES 
22 use 1643/. 
"SEC. 514. Notwithstanding any other provision of this Act 
and only for purposes of section 302 of the Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1996, a United State 
district court, for fact-finding purposes, may refer to the Commis-
sion, and the Commission may determine, questions of the amount 
and ownership of a claim by a United States national (as defined 
in section 4 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996), resulting from the confiscation of prop-
erty by the Government of Cuba described in section 503(a), whether 
or not the United States national qualified as a national of the 
United States (as defined in section 502(1)) at the time of the 
action by the Government of Cuba.". 
(c) RULE OF CONSTRUCTION.—Nothing in this Act or in section 
514 of the International Claims Settlement Act of 1949, as added 
by subsection (b), shall be construed— 
(1) to require or otherwise authorize the claims of Cuban 
nationals who became United States citizens after their prop-
erty was confiscated to be included in the claims certified 
to the Secretary of State by the Foreign Claims Settlement 
Commission for purposes of future negotiation and espousal 
of claims with a friendly government in Cuba when diplomatic 
relations are restored; or 
(2) as superseding, amending, or otherwise altering certifi-
cations that have been made under title V of the International 
Claims Settlement Act of 1949 before the date of the enactment 
of this Act. 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 821 
SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMIS-
SION CERTIFICATION PROCEDURE. 
Title V of the International Claims Settlement Act of 1949 
(22 U.S.C. 1643 and following), as amended by section 303, is 
further amended by adding at the end the following new section: 
"EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION 
CERTIFICATION PROCEDURE 
"SEC. 515. (a) Subject to subsection (b), neither any national 
22 USC 1643m. 
of the United States who was eligible to file a claim under section 
503 but did not timely file such claim under that section, nor 
any person who was ineligible to file a claim under section 503, 
nor any national of Cuba, including any agency, instrumentality, 
subdivision, or enterprise of the Government of Cuba or any local 
government of Cuba, nor any successor thereto, whether or not 
recognized by the United States, shall have a claim to, participate 
in, or otherwise have an interest in, the compensation proceeds 
or nonmonetary compensation paid or allocated to a national of 
the United States by virtue of a claim certified by the Commission 
under section 507, nor shall any district court of the United States 
have jurisdiction to adjudicate any such claim. 
"(b) Nothing in subsection (a) shall be construed to detract 
from or otherwise affect any rights in the shares of capital stock 
of nationals of the United States owning claims certified by the 
Commission under section 507.". 
SEC. 305. LIMITATION OF ACTIONS. 
22 USC 6084. 
An action under section 302 may not be brought more than 
2 years after the trafficking giving rise to the action has ceased 
to occur. 
SEC. 306. EFFECTIVE DATE. 
22 USC 6085. 
(a) IN GENERAL.—Subject to subsections (b) and (c), this title 
and the amendments made by this title shall take effect on August 
1, 1996. 
(b) SUSPENSION AUTHORITY.— 
(1) SUSPENSION AUTHORITY.—The President may suspend 
the effective date under subsection (a) for a period of not 
more than 6 months if the President determines and reports 
in writing to the appropriate congressional committees at least 
15 days before such effective date that the suspension is nec-
essary to the national interests of the United States and will 
expedite a transition to democracy in Cuba. 
(2) ADDITIONAL SUSPENSIONS.—The President may suspend 
the effective date under subsection (a) for additional periods 
of not more than 6 months each, each of which shall begin 
on the day after the last day of the period during which a 
suspension is in effect under this subsection, if the President 
determines and reports in writing to the appropriate congres-
sional committees at least 15 days before the date on which 
the additional suspension is to begin that the suspension is 
necessary to the national interests of the United States and 
will expedite a transition to democracy in Cuba. 
(c) OTHER AUTHORITIES.— 
(1) SUSPENSION.—After this title and the amendments of 
this title have taken effect— 
110 STAT. 822 
PUBLIC LAW 104-114—MAR. 12, 1996 
(A) no person shall acquire a property interest in any 
potential or pending action under this title; and 
(B) the President may suspend the right to bring an 
action under this title with respect to confiscated property 
for a period of not more than 6 months if the President 
determines and reports in writing to the appropriate 
congressional committees at least 15 days before the 
suspension takes effect that such suspension is necessary 
to the national interests of the United States and will 
expedite a transition to democracy in Cuba. 
(2) ADDITIONAL SUSPENSIONS.—The President may suspend 
the right to bring an action under this title for additional 
periods of not more than 6 months each, each of which shall 
begin on the day after the last day of the period during which 
a suspension is in effect under this subsection, if the President 
determines and reports in writing to the appropriate congres-
sional committees at least 15 days before the date on which 
the additional suspension is to begin that the suspension is 
necessary to the national interests of the United States and 
will expedite a transition to democracy in Cuba. 
(3) PENDING SUITS.—The suspensions of actions under para-
graph (1) shall not affect suits commenced before the date 
of such suspension, and in all such suits, proceedings shall 
be had, appeals taken, and judgments rendered in the same 
manner and with the same effect as if the suspension had 
not occurred. 
(d) RESCISSION OF SUSPENSION.—The President may rescind 
any suspension made under subsection (b) or (c) upon reporting 
to the appropriate congressional committees that doing so will expe-
dite a transition to democracy in Cuba. 
TITLE IV—EXCLUSION OF CERTAIN 
ALIENS 
22 use 6091. 
SEC. 401. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO 
HAVE CONFISCATED PROPERTY OF UNITED STATES 
NATIONALS OR WHO TRAFFIC IN SUCH PROPERTY. 
(a) GROUNDS FOR EXCLUSION.—The Secretary of State shall 
deny a visa to, and the Attorney General shall exclude from the 
United States, any alien who the Secretary of State determines 
is a person who, after the date of the enactment of this Act— 
(1) has confiscated, or has directed or overseen the 
confiscation of, property a claim to which is owned by a United 
States national, or converts or has converted for personal gain 
confiscated property, a claim to which is owned by a United 
States national; 
(2) traffics in confiscated property, a claim to which is 
owned by a United States national; 
(3) is a corporate officer, principal, or shareholder with 
a controlling interest of an entity which has been involved 
in the confiscation of property or trafficking in confiscated 
property, a claim to which is owned by a United States national; 
or 
(4) is a spouse, minor child, or agent of a person excludable 
under paragraph (1), (2), or (3). 
PUBLIC LAW 104-114—MAR. 12, 1996 
110 STAT. 823 
(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 tfie 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 an5^hing 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 
110 STAT. 824 
PUBLIC LAW 104-114—MAR. 12, 1996 
(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 ruUng poUtical 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 IIL 
(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. 
Approved March 12, 1996. 
L E G I S L A T I V E H I S T O R Y — H . R . 927: 
HOUSE REPORTS: Nos. 104-202, Pt. 1 (Comm. on International Relations) and 
104-468 (Comm. of Conference). 
CONGRESSIONAL RECORD: 
Vol. 141 (1995): Sept. 20, 21, considered and passed House. 
Oct. 11-13, 17-19, considered and passed Senate, amended. 
Vol. 142 (1996): Mar. 5, Senate agreed to conference report. 
Mar. 6, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Mar. 12, Presidential remarks and statement.