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22 U.S.C. § 6033 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/b&num=0&edition=prelim).
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on International Relations and the Committee on Appropriations 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/d&num=0&edition=prelim).
(4) **Confiscated** — As used in subchapters I and III, the term “confiscated” refers to—
(A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, 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 nationalized, expropriated, or otherwise taken by the Cu
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Stable record: federal_law:legal_authorities:record_usc_9973daa4869f033fecbd4076
Source file: Laws/federal/codes/united-states-code/title-22/section-6033-definitions--005cea49b4.md
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Source location: Title 22, Chapter 69A, § 6033; chapter-69a-cuban-liberty-and-democratic-solidarity-libertad.md
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As used in this chapter, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/b&num=0&edition=prelim).
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on International Relations and the Committee on Appropriations 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/d&num=0&edition=prelim).
(4) **Confiscated** — As used in subchapters I and III, the term “confiscated” refers to—
(A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, 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 nationalized, 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 confiscated property claim.
(5) **Cuban Government**
(A) The term “Cuban Government” 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/b&num=0&edition=prelim), 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 6066 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6066&num=0&edition=prelim).
(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 pursuant to [section 2370(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2370/a&num=0&edition=prelim), [section 4305(b) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4305/b&num=0&edition=prelim), the Cuban Democracy Act of 1992 ([22 U.S.C. 6001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6001&num=0&edition=prelim) 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 juridical 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 knowledge 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 property (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 subchapter III of this chapter, the term “property” does not include real property used for residential purposes unless, as of March 12, 1996—
(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 [[22 U.S.C. 1643](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1643&num=0&edition=prelim) et seq.]; 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 subchapter III, and except as provided in subparagraph (B), a person “traffics” in confiscated property if that person knowingly and intentionally—
(i) sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains control of, manages, 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 signals to Cuba;
(ii) the trading or holding of securities publicly traded or held, unless the trading is with or by a person determined 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 “transition government in Cuba” means a government that the President determines is a transition government consistent with the requirements and factors set forth in [section 6065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6065&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings:
(1) The government of Fidel Castro has demonstrated consistent disregard for internationally accepted standards of human rights and for democratic values. It restricts the Cuban people’s exercise of freedom of speech, press, assembly, and other rights recognized by the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948. It has refused to admit into Cuba the representative of the United Nations Human Rights Commission appointed to investigate human rights violations on the island.
(2) The Cuban people have demonstrated their yearning for freedom and their increasing opposition to the Castro government by risking their lives in organizing independent, democratic activities on the island and by undertaking hazardous flights for freedom to the United States and other countries.
(3) The Castro government maintains a military-dominated economy that has decreased the well-being of the Cuban people in order to enable the government to engage in military interventions and subversive activities throughout the world and, especially, in the Western Hemisphere. These have included involvement in narcotics trafficking and support for the FMLN guerrillas in El Salvador.
(4) There is no sign that the Castro regime is prepared to make any significant concessions to democracy or to undertake any form of democratic opening. Efforts to suppress dissent through intimidation, imprisonment, and exile have accelerated since the political changes that have occurred in the former Soviet Union and Eastern Europe.
(5) Events in the former Soviet Union and Eastern Europe have dramatically reduced Cuba’s external support and threaten Cuba’s food and oil supplies.
(6) The fall of communism i
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6001
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Federal law — U.S. Code and appendices · legal_authorities
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 appropriate forms of assistance—
(A) to a transition government in Cuba;
(B) to facilitate the rapid movement from such a transition government to a democratically elected government in Cuba that results from an expression of the self-determination of the Cuban people; and
(C) to support such a democratically elected government.
(6) Through such assistance, to facilitate a peaceful transition 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 democratically elected government in Cuba, through United States Government organizations, or through United States, international, or indigenous nongovernmental organizations.
(8) To encourage other countries and multilateral organizations to provide similar assistance, and to wo
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6065
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding the provisions of section 1610 of this chapter, the property of those organizations designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act shall not be subject to attachment or any other judicial process impeding the disbursement of funds to, or on the order of, a foreign state as the result of an action brought in the courts of the United States or of the States.
**(b)** Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution, if—
(1) the property is that of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent foreign government, has explicitly waived its immunity from attachment in aid of execution, or from execution, notwithstanding any withdrawal of the waiver which the bank, authority or government may purport to effect except in accordance with the terms of the waiver; or
(2) the property is, or is intended to be, used in connection with a military activity and
(A) is of a military character, or
(B) is under the control of a military authority or defense agency.
**(c)** Notwithstanding the provisions of section 1610 of this chapter, 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.
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to provide for the determination of the amount and validity of claims against the Government of Cuba, or the Chinese Communist regime, which have arisen since January 1, 1959, in the case of claims against the Government of Cuba, or since October 1, 1949, in the case of claims against the Chinese Communist regime, out of nationalization, expropriation, intervention, or other takings of, or special measures directed against, property of nationals of the United States, and claims for disability or death of nationals of the United States arising out of violations of international law by the Government of Cuba, or the Chinese Communist regime, in order to obtain information concerning the total amount of such claims against the Government of Cuba, or the Chinese Communist regime, on behalf of nationals of the United States. This subchapter shall not be construed as authorizing an appropriation or as any intention to authorize an appropriation for the purpose of paying such claims.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1643
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Federal law — U.S. Code and appendices · legal_authorities
**(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 democratically elected government in Cuba (as determined under [section 6063(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6063/c&num=0&edition=prelim)) 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 developed under paragraph (1) may, subject to an authorization of appropriations and subject to the availability of appropriations, include the following:
(A) *Transition government*
(i) Except as provided in clause (ii), assistance to Cuba under a transition government shall, subject to an authorization of appropriations and subject to the availability of appropriations, be limited to—
(I) such food, medicine, medical supplies and equipment, 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).
(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 u
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Federal law — U.S. Code and appendices · legal_authorities
**(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?
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6021
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a)** The term “person” shall include an individual, partnership, corporation, or the Government of the United States.
**(b)** The term “United States” when used in a geographical sense shall include the United States, its Territories and insular possessions, and the Canal Zone.
**(c)** The term “nationals of the United States” includes (1) persons who are citizens of the United States, and (2) persons who, though not citizens of the United States, owe permanent allegiance to the United States. It does not include aliens.
**(d)** The term “Yugoslav Claims Agreement of 1948” means the agreement between the Governments of the United States of America and of the Federal People’s Republic of Yugoslavia regarding pecuniary claims of the United States and its nationals, signed July 19, 1948.
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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 430
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 1642p
provisions of subchapter I shall be applicable to
this subchapter: Subsections (b), (c), (d), (e), (h),
and (j) of section 1623 of this title; subsections
(c), (d), (e), and (f) of section 1626 of this title.
(Mar. 10, 1950, ch. 54, title IV, § 416, as added Pub.
L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.)
§ 1642p. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to enable the Com-
mission and the Treasury Department to pay
their administrative expenses incurred in car-
rying out their functions under this subchapter.
(Mar. 10, 1950, ch. 54, title IV, § 417, as added Pub.
L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 530.)
SUBCHAPTER V—CLAIMS AGAINST CUBA
AND CHINA
§ 1643. Congressional declaration of purpose
It is the purpose of this subchapter to provide
for the determination of the amount and valid-
ity of claims against the Government of Cuba,
or the Chinese Communist regime, which have
arisen since January 1, 1959, in the case of
claims against the Government of Cuba, or since
October 1, 1949, in the case of claims against the
Chinese Communist regime, out of nationaliza-
tion,
expropriation,
intervention,
or
other
takings of, or special measures directed against,
property of nationals of the United States, and
claims for disability or death of nationals of the
United States arising out of violations of inter-
national law by the Government of Cuba, or the
Chinese Communist regime, in order to obtain
information concerning the total amount of
such claims against the Government of Cuba, or
the Chinese Communist regime, on behalf of na-
tionals of the United States. This subchapter
shall not be construed as authorizing an appro-
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 1643
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Federal law — U.S. Code and appendices · legal_authorities
Page 1734
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§§ 5960, 5961
§§ 5960, 5961. Repealed. Pub. L. 113–291, div. A,
title XIII, § 1351(11), Dec. 19, 2014, 128 Stat.
3607
Section 5960, Pub. L. 108–136, div. A, title XIII, § 1303,
Nov. 24, 2003, 117 Stat. 1659, related to limitation on use
of funds for Cooperative Threat Reduction programs
until certain permits obtained.
Section 5961, Pub. L. 108–136, div. A, title XIII, § 1305,
Nov. 24, 2003, 117 Stat. 1660, related to requirement to
appoint on-site managers before obligating any Cooper-
ative Threat Reduction funds for certain projects.
§ 5961a. Requirement for on-site managers
(a) On-site manager requirement
Before obligating any defense nuclear non-
proliferation funds for a project described in
subsection (b), the Secretary of Energy shall ap-
point one on-site manager for that project. The
manager shall be appointed from among employ-
ees of the Federal Government.
(b) Projects covered
Subsection (a) applies to a project—
(1) to be located in a state of the former So-
viet Union;
(2) which involves dismantlement, destruc-
tion, or storage facilities, or construction of a
facility; and
(3) with respect to which the total contribu-
tion by the Department of Energy is expected
to exceed $50,000,000.
(c) Duties of on-site manager
The on-site manager appointed under sub-
section (a) shall—
(1) develop, in cooperation with representa-
tives from governments of countries partici-
pating in the project, a list of those steps or
activities critical to achieving the project’s
disarmament or nonproliferation goals;
(2) establish a schedule for completing those
steps or activities;
(3) meet with all participants to seek assur-
ances that those steps or activities are being
completed on schedule; and
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 6001
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 6001. This identifies an authority to review, not proof of applicability.