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22 U.S.C. § 6009 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement authority** The authority to enforce this chapter shall be carried out by the Secretary of the Treasury. The Secretary of the Treasury shall exercise the authorities of the Trading With the Enemy Act [[50 U.S.C. 4301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4301&num=0&edition=prelim) et seq.] in enforcing this chapter. In carrying out this subsection, the Secretary of the Treasury shall take the necessary steps to ensure that activities permitted under [section 6004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6004&num=0&edition=prelim) are carried out for the purposes set forth in this chapter and not for purposes of the accumulation by the Cuban Government of excessive amounts of United States currency or the accumulation of excessive profits by any person or entity.
**(b) Authorization of appropriations** There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this chapter.
**(c) Omitted**
**(d) Applicability of penalties** The penalties set forth in section 16 of the Trading With the Enemy Act [[50 U.S.C. 4315](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4315&num=0&edition=prelim)] shall apply to violations of this chapter to the same extent as such penalties apply to violations under that Act [[50 U.S.C. 4301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4301&num=0&edition=prelim) et seq.].
**(e) Office of Foreign Assets Control** The Department of the Treasury shall establish and maintain a branch of the Office of Foreign Assets Control in Miami, Florida, in order to strengthen the enforcement of this chapter.
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Source location: Title 22, Chapter 69, § 6009; chapter-069-cuban-democracy.md
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**(a) Enforcement authority** The authority to enforce this chapter shall be carried out by the Secretary of the Treasury. The Secretary of the Treasury shall exercise the authorities of the Trading With the Enemy Act [[50 U.S.C. 4301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4301&num=0&edition=prelim) et seq.] in enforcing this chapter. In carrying out this subsection, the Secretary of the Treasury shall take the necessary steps to ensure that activities permitted under [section 6004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6004&num=0&edition=prelim) are carried out for the purposes set forth in this chapter and not for purposes of the accumulation by the Cuban Government of excessive amounts of United States currency or the accumulation of excessive profits by any person or entity.
**(b) Authorization of appropriations** There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this chapter.
**(c) Omitted**
**(d) Applicability of penalties** The penalties set forth in section 16 of the Trading With the Enemy Act [[50 U.S.C. 4315](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4315&num=0&edition=prelim)] shall apply to violations of this chapter to the same extent as such penalties apply to violations under that Act [[50 U.S.C. 4301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4301&num=0&edition=prelim) et seq.].
**(e) Office of Foreign Assets Control** The Department of the Treasury shall establish and maintain a branch of the Office of Foreign Assets Control in Miami, Florida, in order to strengthen the enforcement of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provisions of law affected** The provisions of this section apply notwithstanding any other provision of law, including [section 2370(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2370/a&num=0&edition=prelim), and notwithstanding the exercise of authorities, before October 23, 1992, under section 5(b) of the Trading With the Enemy Act [[50 U.S.C. 4305(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4305/b&num=0&edition=prelim)], the International Emergency Economic Powers Act [[50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.], or the Export Administration Act of 1979.
**(b) Donations of food** Nothing in this or any other Act shall prohibit donations of food to nongovernmental organizations or individuals in Cuba.
**(c) Exports of medicines and medical supplies** Exports of medicines or medical supplies, instruments, or equipment to Cuba shall not be restricted—
(1) except to the extent such restrictions would be permitted under section 5(m) 11 See References in Text note below. of the Export Administration Act of 1979 or section 203(b)(2) of the International Emergency Economic Powers Act [[50 U.S.C. 1702(b)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702/b/2&num=0&edition=prelim)];
(2) except in a case in which there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other human rights abuses;
(3) except in a case in which there is a reasonable likelihood that the item to be exported will be reexported; and
(4) except in a case in which the item to be exported could be used in the production of any biotechnological prod
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Federal law — U.S. Code and appendices · legal_authorities
This chapter shall be known as the “Trading with the enemy 11 So in original. Act.”
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal liability** Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of the chapter shall, upon conviction, be fined not more than $1,000,000, or if a natural person, be imprisoned for not more than 20 years, or both.
**(b) Civil liability; hearing; judicial review**
(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 chapter.
(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, with the right to prehearing discovery.
(4) Judicial review of any penalty imposed under this subsection may be had to the extent provided in [section 702 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section702&num=0&edition=prelim).
**(c) Forfeiture** Upon conviction, any property, funds, securities, papers, or other articles or documents, or any vessel, together with tackle, apparel, furniture, and equipment, concerned in any violation of subsection (a) may be forfeited to the United States.
**(d) Statute of limitations**
(1) **Time for commencing
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Federal law — U.S. Code and appendices · legal_authorities
Page 1739
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 6010
Editorial Notes
REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in
text, is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which
is classified principally to chapter 32 (§ 2151 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2151 of
this title and Tables.
The Food for Peace Act, referred to in text, is act
July 10, 1954, ch. 469, 68 Stat. 454, which is classified
generally to chapter 41 (§ 1691 et seq.) of Title 7, Agri-
culture. For complete classification of this Act to the
Code, see Short Title note set out under section 1691 of
Title 7 and Tables.
AMENDMENTS
2008—Pub. L. 110–246 substituted ‘‘Food for Peace
Act’’ for ‘‘Agricultural Trade Development and Assist-
ance Act of 1954’’ in introductory provisions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–246 effective May 22, 2008,
see section 4(b) of Pub. L. 110–246, set out as an Effec-
tive Date note under section 8701 of Title 7, Agri-
culture.
§ 6007. Policy toward a democratic Cuban Gov-
ernment
(a) Waiver of restrictions
The President may waive the requirements of
section 6005 of this title if the President deter-
mines and reports to the Congress that the Gov-
ernment of Cuba—
(1) has held free and fair elections conducted
under internationally recognized observers;
(2) has permitted opposition parties ample
time to organize and campaign for such elec-
tions, and has permitted full access to the
media to all candidates in the elections;
(3) is showing respect for the basic civil lib-
erties and human rights of the citizens of
Cuba;
(4) is moving toward establishing a free mar-
ket ec
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Federal law — U.S. Code and appendices · legal_authorities
Page 1055
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4302
1 So in original.
Sec.
4311.
Importations prohibited.
4312.
Property transferred to Alien Property Custo-
dian.
4313.
Statements by masters of vessels and owners
of cargoes before granting clearances.
4314.
False manifest; refusal of clearance; reports
of gold or silver coin in cargoes for export.
4315.
Offenses; punishment; forfeitures of property.
4316.
Rules by district courts; appeals.
4317.
Fees of agents, attorneys, or representatives.
4318.
Claims of naturalized citizens as affected by
expatriation.
4319.
Fugitives from justice barred from recovery.
4320.
Payment of income, etc., by Alien Property
Custodian.
4321.
Payment of taxes and expenses by Alien Prop-
erty Custodian.
4322.
Investments by Custodian in participating
certificates issued by Secretary of the
Treasury; transfers to and payments from
German, Austrian or Hungarian special de-
posit accounts; allocation of payments.
4323.
Allocation of ‘‘unallocated interest fund’’.
4324.
Return by Custodian, to United States, of
payments under licenses, assignments or
sales of patents.
4325.
‘‘Unallocated interest fund’’ defined.
4326.
Waiver by Custodian of demand for property;
acceptance of less amount; approval of At-
torney General.
4327.
Attachment or garnishment of funds or prop-
erty held by Custodian.
4328.
‘‘Member of the former ruling family’’ de-
fined.
4329.
Return of property.
4330.
Notice of claim; institution of suits; com-
putation of time.
4331.
Payment of debts.
4332.
Hearings on claims; rules and regulations;
delegation of powers.
4333.
Taxes.
4334.
Insurance of property.
4335.
Shipment of relief supplies; definitions.
4336.
Retention of properties or interests of Ger-
many and Japa
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4301
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Federal law — U.S. Code and appendices · legal_authorities
Page 1079
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4315
In text, ‘‘section 60105 of title 46, and sections’’ sub-
stituted for ‘‘sections forty-one hundred and ninety-
seven,’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6,
2006, 120 Stat. 1709, which Act enacted section 60105 of
Title 46, Shipping.
Executive Documents
TRANSFER OF FUNCTIONS
All offices of collector of customs, comptroller of cus-
toms, surveyor of customs, and appraiser of merchan-
dise in Bureau of Customs of Department of the Treas-
ury to which appointments were required to be made by
President with advice and consent of Senate ordered
abolished with such offices to be terminated not later
than Dec. 31, 1966, and functions vested by statute in of-
ficers, agencies, or employees of the Bureau of Customs
of the Department of the Treasury transferred to the
Secretary of the Treasury by Reorg. Plan No. 1 of 1965,
eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 4314. False manifest; refusal of clearance; re-
ports of gold or silver coin in cargoes for ex-
port
During the present war, whenever there is rea-
sonable cause to believe that the manifest or the
additional statements under oath required by
section 4313 of this title are false or that any
vessel, domestic or foreign, is about to carry out
of the United States any property to or for the
account or benefit of an enemy, or ally of
enemy, or any property or person whose export,
taking out, or transport will be in violation of
law, the collector of customs for the district in
which such vessel is located is authorized and
empowered subject to review by the President to
refuse clearance to any such vessel, domestic or
foreign, for which clearance is req
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4315
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