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22 U.S.C. § 6036 — Enforcement of economic embargo of Cuba
Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy**
(1) **Restrictions by other countries** — The Congress hereby reaffirms section 1704(a) of the Cuban Democracy Act of 1992 [[22 U.S.C. 6003(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6003/a&num=0&edition=prelim)], 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 [[22 U.S.C. 6001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6001&num=0&edition=prelim) et seq.].
(2) **Sanctions on other countries** — The Congress further urges the President to take immediate steps to apply the sanctions described in section 1704(b)(1) of that Act [[22 U.S.C. 6003(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6003/b/1&num=0&edition=prelim)] 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 reasons for the United States economic embargo of Cuba, and are urging foreign governments to cooperate more effectively with the embargo.
**(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) Omitted**
**(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
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Source location: Title 22, Chapter 69A, § 6036; chapter-69a-cuban-liberty-and-democratic-solidarity-libertad.md
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**(a) Policy**
(1) **Restrictions by other countries** — The Congress hereby reaffirms section 1704(a) of the Cuban Democracy Act of 1992 [[22 U.S.C. 6003(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6003/a&num=0&edition=prelim)], 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 [[22 U.S.C. 6001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6001&num=0&edition=prelim) et seq.].
(2) **Sanctions on other countries** — The Congress further urges the President to take immediate steps to apply the sanctions described in section 1704(b)(1) of that Act [[22 U.S.C. 6003(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6003/b/1&num=0&edition=prelim)] 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 reasons for the United States economic embargo of Cuba, and are urging foreign governments to cooperate more effectively with the embargo.
**(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) Omitted**
**(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 Government or of the Communist Party of Cuba.
**(f) , (g) Omitted**
**(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 on March 12, 1996, and shall remain in effect, subject to [section 6064 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6064&num=0&edition=prelim).
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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
**(a) Findings** The Congress makes the following findings:
(1) Brothers to the Rescue is a Miami-based humanitarian organization engaged in searching for and aiding Cuban refugees 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 hundreds they have flown since 1991 and posed no threat whatsoever 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 campaigns, 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 international law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6064
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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 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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cuban trading partners** The President should encourage the governments of countries that conduct trade with Cuba to restrict their trade and credit relations with Cuba in a manner consistent with the purposes of this chapter.
**(b) Sanctions against countries assisting Cuba**
(1) **Sanctions** — The President may apply the following sanctions to any country that provides assistance to Cuba:
(A) The government of such country shall not be eligible for assistance under the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.] or assistance or sales under the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.].
(B) Such country shall not be eligible, under any program, for forgiveness or reduction of debt owed to the United States Government.
(2) **“Assistance to Cuba” defined** — For purposes of paragraph (1), the term “assistance to Cuba”—
(A) means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba;
(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, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6003
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Federal law — U.S. Code and appendices · legal_authorities
Page 1736
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 6003
(2) to seek the cooperation of other demo-
cratic countries in this policy;
(3) to make clear to other countries that, in
determining its relations with them, the
United States will take into account their
willingness to cooperate in such a policy;
(4) to seek the speedy termination of any re-
maining military or technical assistance, sub-
sidies, or other forms of assistance to the Gov-
ernment of Cuba from any of the independent
states of the former Soviet Union;
(5) to continue vigorously to oppose the
human rights violations of the Castro regime;
(6) to maintain sanctions on the Castro re-
gime so long as it continues to refuse to move
toward democratization and greater respect
for human rights;
(7) to be prepared to reduce the sanctions in
carefully calibrated ways in response to posi-
tive developments in Cuba;
(8) to encourage free and fair elections to de-
termine Cuba’s political future;
(9) to request the speedy termination of any
military or technical assistance, subsidies, or
other forms of assistance to the Government
of Cuba from the government of any other
country; and
(10) to initiate immediately the development
of a comprehensive United States policy to-
ward Cuba in a post-Castro era.
(Pub. L. 102–484, div. A, title XVII, § 1703, Oct. 23,
1992, 106 Stat. 2576.)
§ 6003. International cooperation
(a) Cuban trading partners
The President should encourage the govern-
ments of countries that conduct trade with Cuba
to restrict their trade and credit relations with
Cuba in a manner consistent with the purposes
of this chapter.
(b) Sanctions against countries assisting Cuba
(1) Sanctions
The President may apply the following sanc-
tions to any country that provides ass
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 6003
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Federal law — U.S. Code and appendices · legal_authorities
Page 1745
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 6036
section 4315 of Title 50, War and National Defense. Sub-
secs. (f) and (g) of section 102 of Pub. L. 104–114 amended
sections 6003 and 6004 of this title, respectively.
§ 6033. Prohibition against indirect financing of
Cuba
(a) Prohibition
Notwithstanding any other provision of law,
no loan, credit, or other financing may be ex-
tended knowingly by a United States national, a
permanent resident alien, or a United States
agency to any person for the purpose of financ-
ing transactions involving any confiscated prop-
erty the claim to which is owned by a United
States national as of March 12, 1996, 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 6063(c)(1) of
this title 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 pro-
vided in section 6064 of this title.
(c) Penalties
Violations of subsection (a) shall be punish-
able by such civil penalties as are applicable to
violations of the Cuban Assets Control Regula-
tions 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 perma-
nent 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.
(Pub. L. 104–114, title I,
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 6036
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