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22 U.S.C. § 6083 — Requirements for determining democratically elected government

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

22 U.S.C. § 6083 — Requirements for determining democratically elected government

For purposes of this chapter, a democratically elected government in Cuba, in addition to meeting the requirements of [section 6065(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6065/a&num=0&edition=prelim), is a government which— (1) results from free and fair elections— (A) conducted under the supervision of internationally recognized observers; and (B) in which— (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full access to the media; (2) is showing respect for the basic civil liberties and human rights of the citizens of Cuba; (3) is substantially moving toward a market-oriented economic system based on the right to own and enjoy property; (4) is committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of Cuba; (5) has made demonstrable progress in establishing an independent judiciary; and (6) has made demonstrable progress in returning to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or providing full compensation for such property in accordance with international law standards and practice.

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Source location: Title 22, Chapter 69A, § 6083; chapter-69a-cuban-liberty-and-democratic-solidarity-libertad.md

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

22 U.S.C. § 6021 — Proof of ownership of claims to confiscated property

**(a) Evidence of ownership** (1) **Conclusiveness of certified claims** — In any action brought under this subchapter, 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 of the International Claims Settlement Act of 1949 ([22 U.S.C. 1643](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643&num=0&edition=prelim) and following). (2) **Claims not certified** — If in an action under this subchapter a claim has not been so certified by the Foreign Claims Settlement Commission, the court may appoint a special master, including the Foreign Claims Settlement Commission, to make determinations regarding the amount and ownership of the claim. Such determinations are only for evidentiary purposes in civil actions brought under this subchapter and do not constitute certifications under title V of the International Claims Settlement Act of 1949. (3) **Effect of determinations of foreign or international entities** — In determining the amount or ownership of a claim in an action under this subchapter, the court shall not accept as conclusive evidence any findings, orders, judgments, or decrees from 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 submitted the claim. **(b) Omitted** **(c) Rule of construction** Nothing in this chapter or in section 514 of the International Claims Settlement Act of 1949 [[22 U.S.C. 1643](https://uscode.house.gov/view.xhtml?

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

22 U.S.C. § 6083 — Proof of ownership of claims to con-

Page 1759 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6083 such title, and such national shall be deemed to have discharged the United States from any further 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 dif- ference between 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 pay- ment 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 Settlement Act of 1949 [22 U.S.C. 1643 et seq.] 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 agree- ment entered into between the United States and Cuba settling certified claims under title V of the International Claims Settlement Act of 1949 [22 U.S.C. 1643 et seq.] that are in excess of the payments made on su

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