22 U.S.C. § 6022 — Purposes

Page 1742 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6022 of this title, amending provisions set out as a note under section 1446g of Title 7, Agriculture, and repeal- ing provisions set out as notes under sections 1465, 1465c, and 1465aa of this title] may be cited as the ‘Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996’.’’ § 6022. Purposes The purposes of this chapter are— (1) to assist the Cuban people in regaining their freedom and prosperity, as well as in joining the community of democratic coun- tries that are flourishing in the Western Hemi- sphere; (2) to strengthen international sanctions against the Castro government; (3) to provide for the continued national se- curity of the United States in the face of con- tinuing threats from the Castro government of terrorism, theft of property from United States nationals by the Castro government, and the political manipulation by the Castro government of the desire of Cubans to escape that results in mass migration to the United States; (4) to encourage the holding of free and fair democratic elections in Cuba, conducted under the supervision of internationally recognized observers; (5) to provide a policy framework for United States support to the Cuban people in response to the formation of a transition government or a democratically elected government in Cuba; and (6) to protect United States nationals against confiscatory takings and the wrongful trafficking in property confiscated by the Cas- tro regime. (Pub. L. 104–114, § 3, Mar. 12, 1996, 110 Stat. 788.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 785, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6021 of this title and Tables. § 6023. Definitions 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. (2) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Inter- national Relations and the Committee on Ap- propriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Sen- ate. (3) Commercial activity The term ‘‘commercial activity’’ has the meaning given that term in section 1603(d) of title 28. (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 re- turned or adequate and effective com- pensation provided; or (ii) without the claim to the property having been settled pursuant to an inter- national claims settlement agreement or other mutually accepted settlement proce- dure; and (B) the repudiation by the Cuban Govern- ment of, the default by the Cuban Govern- ment on, or the failure of the Cuban Govern- ment to pay, on or after January 1, 1959— (i) a debt of any enterprise which has been nationalized, expropriated, or other- wise 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 set- tlement 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 Gov- ernment of Cuba’’ means an agency or instru- mentality of a foreign state as defined in sec- tion 1603(b) of title 28, 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 govern- ment in Cuba’’ means a government deter- mined by the President to have met the re- quirements of section 6066 of this title. (7) Economic embargo of Cuba The term ‘‘economic embargo of Cuba’’ re- fers to— (A) the economic embargo (including all restrictions on trade or transactions with, and travel to or from, Cuba, and all restric- tions 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, section 4305(b) of title 50, the Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following), or any other pro- vision 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 com- monwealth, territory, or possession of the United States.