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22 U.S.C. § 1643l — Determination of ownership of claims referred by district courts of the United States

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643l — Determination of ownership of claims referred by district courts of the United States

Notwithstanding any other provision of this chapter and only for purposes of [section 6082 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6082&num=0&edition=prelim), a United State 11So in original. Probably should be “States”. district court, for fact-finding purposes, may refer to the Commission, and the Commission may determine, questions of the amount and ownership of a claim by a United States national (as defined in [section 6023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6023&num=0&edition=prelim)), resulting from the confiscation of property by the Government of Cuba described in [section 1643b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643b/a&num=0&edition=prelim), whether or not the United States national qualified as a national of the United States (as defined in [section 1643a(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643a/1&num=0&edition=prelim)) at the time of the action by the Government of Cuba.

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Source location: Title 22, Chapter 21, § 1643l; chapter-021-settlement-of-international-claims.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6082 — Requirements and factors for determining transition government

**(a) Requirements** For the purposes of this chapter, a transition government in Cuba is a government that— (1) has legalized all political activity; (2) has released all political prisoners and allowed for investigations 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 of time for such access and the times of day such allotments are given; and (C) to be conducted under the supervision of internationally 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 Television Marti broadcasts; (6) makes public commitments to and is making demonstrable 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 International Labor Organization, and allowing the establishment of independent social, economic, and political association

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6023 — Effective date

**(a) In general** Subject to subsections (b) and (c), this subchapter and the amendments made by this subchapter 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 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 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 congressional 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 subchapter and the amendments of this subchapter have taken effect— (A) no person shall acquire a property interest in any potential or pending action under this subchapter; and (B) the President may suspend the right to bring an action under this subchapter 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

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6085 — 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 belonging 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. (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 opportunity 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 Unite

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1643l — Determination of ownership of claims re-

Page 433 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1644 1So in original. Probably should be ‘‘States’’. much of such amount, if any, as exceeds $20,000. Any agreement to the contrary shall be unlaw- ful and void. Whoever, in the United States or elsewhere, demands or receives on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. (Mar. 10, 1950, ch. 54, title V, § 512, as added Pub. L. 88–666, Oct. 16, 1964, 78 Stat. 1113.) § 1643l. Determination of ownership of claims re- ferred by district courts of the United States Notwithstanding any other provision of this chapter and only for purposes of section 6082 of this title, a United State 1 district court, for fact-finding purposes, may refer to the Commis- sion, and the Commission may determine, ques- tions of the amount and ownership of a claim by a United States national (as defined in section 6023 of this title), resulting from the confisca- tion of property by the Government of Cuba de- scribed in section 1643b(a) of this title, whether or not the United States national qualified as a national of the United States (as defined in sec- tion 1643a(1) of this title) at the time of the ac- tion by the Government of Cuba. (Mar. 10, 1950, ch. 54, title V, § 514, as added Pub. L. 104–114, title III, § 303(b), Mar. 12, 1996, 110 Stat. 820.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 1, 1996, or date determined pur- suant to suspension authority of President, see section 6085 of this title. § 1643m. Exclusivity of Foreign Claims Settle- ment Commission certification procedure (a) Subject to subsection (b), neither any na- tiona

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