22 U.S.C. § 6004 — Support for Cuban people

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 assistance to Cuba: (A) The government of such country shall not be eligible for assistance under the For- eign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or assistance or sales under the Arms Export Control Act [22 U.S.C. 2751 et seq.]. (B) Such country shall not be eligible, under any program, for forgiveness or reduc- tion of debt owed to the United States Gov- ernment. (2) ‘‘Assistance to Cuba’’ defined For purposes of paragraph (1), the term ‘‘as- sistance to Cuba’’— (A) means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or in- surance, 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 ar- ticles that are the growth, product, or manu- facture of Cuba; (B) includes an exchange, reduction, or for- giveness of Cuban debt owed to a foreign country in return for a grant of an equity in- terest in a property, investment, or oper- ation of the Government of Cuba (including the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba) or of a Cuban national; and (C) does not include— (i) donations of food to nongovernmental organizations or individuals in Cuba, or (ii) exports of medicines or medical sup- plies, instruments, or equipment that would be permitted under section 6004(c) of this title. As used in this paragraph, 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, with each reference in such section to ‘‘a foreign state’’ deemed to be a reference to ‘‘Cuba’’. (3) Applicability of section This section, and any sanctions imposed pur- suant to this section, shall cease to apply at such time as the President makes and reports to the Congress a determination under section 6007(a) of this title. (Pub. L. 102–484, div. A, title XVII, § 1704, Oct. 23, 1992, 106 Stat. 2576; Pub. L. 104–114, title I, § 102(f), Mar. 12, 1996, 110 Stat. 793.) REPEAL OF SECTION Pub. L. 104–114, title II, § 204(d)(3), Mar. 12, 1996, 110 Stat. 810, provided that on date on which President submits determination under section 6063(c)(3) of this title that democrat- ically elected government in Cuba is in power, this section is repealed. Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(1)(A), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (b)(1)(A), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2751 of this title and Tables. AMENDMENTS 1996—Subsec. (b)(2). Pub. L. 104–114, § 102(f), added sub- par. (B), redesignated former subpar. (B) as (C), and in- serted concluding provisions ‘‘As used in this para- graph, the term ‘agency or instrumentality of the Gov- ernment of Cuba’ means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, with each reference in such section to ‘a foreign state’ deemed to be a reference to ‘Cuba’.’’ § 6004. Support for Cuban people (a) Provisions of law affected The provisions of this section apply notwith- standing any other provision of law, including Page 1737 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6004 1 See References in Text note below. section 2370(a) of this title, and notwithstanding the exercise of authorities, before October 23, 1992, under section 5(b) of the Trading With the Enemy Act [50 U.S.C. 4305(b)], the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.], or the Export Administration Act of 1979. (b) Donations of food Nothing in this or any other Act shall prohibit donations of food to nongovernmental organiza- tions or individuals in Cuba. (c) Exports of medicines and medical supplies Exports of medicines or medical supplies, in- struments, or equipment to Cuba shall not be re- stricted— (1) except to the extent such restrictions would be permitted under section 5(m) 1 of the Export Administration Act of 1979 or section 203(b)(2) of the International Emergency Eco- nomic Powers Act [50 U.S.C. 1702(b)(2)]; (2) except in a case in which there is a rea- sonable likelihood that the item to be ex- ported will be used for purposes of torture or other human rights abuses; (3) except in a case in which there is a rea- sonable likelihood that the item to be ex- ported will be reexported; and (4) except in a case in which the item to be exported could be used in the production of any biotechnological product. (d) Requirements for certain exports (1) Onsite verifications (A) Subject to subparagraph (B), an export may be made under subsection (c) only if the President determines that the United States Government is able to verify, by onsite inspec- tions and other appropriate means, that the exported item is to be used for the purposes for which it was intended and only for the use and benefit of the Cuban people. (B) Subparagraph (A) does not apply to do- nations to nongovernmental organizations in Cuba of medicines for humanitarian purposes. (2) Licenses Exports permitted under subsection (c) shall be made pursuant to specific licenses issued by the United States Government. (e) Telecommunications services and facilities (1) Telecommunications services Telecommunications services between the United States and Cuba shall be permitted. (2) Telecommunications facilities Telecommunications facilities are author- ized in such quantity and of such quality as may be necessary to provide efficient and ade- quate telecommunications services between the United States and Cuba. (3) Licensing of payments to Cuba (A) The President may provide for the issuance of licenses for the full or partial pay- ment to Cuba of amounts due Cuba as a result of the provision of telecommunications serv- ices authorized by this subsection, in a man- ner that is consistent with the public interest and the purposes of this chapter, except that this paragraph shall not require any with- drawal from any account blocked pursuant to regulations issued under section 5(b) of the Trading With the Enemy Act [50 U.S.C. 4305(b)]. (B) If only partial payments are made to Cuba under subparagraph (A), the amounts withheld from Cuba shall be deposited in an account in a banking institution in the United States. Such account shall be blocked in the same manner as any other account containing funds in which Cuba has any interest, pursu- ant to regulations issued under section 5(b) of the Trading With the Enemy Act. (4) Authority of Federal Communications Com- mission Nothing in this subsection shall be con- strued to supersede the authority of the Fed- eral Communications Commission. (5) Prohibition on investment in domestic tele- communications services Nothing in this subsection shall be con- strued to authorize the investment by any United States person in the domestic tele- communications network within Cuba. For purposes of this paragraph, an ‘‘investment’’ in the domestic telecommunications network within Cuba includes the contribution (includ- ing by donation) of funds or anything of value to or for, and the making of loans to or for, such network. (6) Reports to Congress The President shall submit to the Congress on a semiannual basis a report detailing pay- ments made to Cuba by any United States per- son as a result of the provision of tele- communications services authorized by this subsection. (f) Direct mail delivery to Cuba The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter service providers. (g) Assistance to support democracy in Cuba The United States Government may provide assistance, through appropriate nongovern- mental organizations, for the support of individ- uals and organizations to promote nonviolent democratic change in Cuba. (Pub. L. 102–484, div. A, title XVII, § 1705, Oct. 23, 1992, 106 Stat. 2577; Pub. L. 104–114, title I, § 102(g), Mar. 12, 1996, 110 Stat. 793.) AMENDMENT OF SECTION Pub. L. 104–114, title II, § 204(d)(3), Mar. 12, 1996, 110 Stat. 810, provided that on date on which President submits determination under section 6063(c) of this title that democratically elected government in Cuba is in power, this section is amended by repealing subsection (d). Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (a), is title II of Pub. L. 95–223, Page 1738 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6005 Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Export Administration Act of 1979, referred to in subsecs. (a) and (c)(1), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sec- tion 5 of the Act was classified to section 4604 of Title 50 prior to repeal. AMENDMENTS 1996—Subsec. (e)(5), (6). Pub. L. 104–114, § 102(g), added pars. (5) and (6). Executive Documents DELEGATION OF FUNCTIONS For delegation of congressional reporting functions of President under subsec. (e) of this section, see sec- tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46075, set out as a note under section 301 of Title 3, The Presi- dent. § 6005. Sanctions (a) Prohibition on certain transactions between certain United States firms and Cuba (1) Prohibition Notwithstanding any other provision of law, no license may be issued for any transaction described in section 515.559 of title 31, Code of Federal Regulations, as in effect on July 1, 1989. (2) Applicability to existing contracts Paragraph (1) shall not affect any contract entered into before October 23, 1992. (b) Prohibitions on vessels (1) Vessels engaging in trade Beginning on the 61st day after October 23, 1992, a vessel which enters a port or place in Cuba to engage in the trade of goods or serv- ices may not, within 180 days after departure from such port or place in Cuba, load or un- load any freight at any place in the United States, except pursuant to a license issued by the Secretary of the Treasury. (2) Vessels carrying goods or passengers to or from Cuba Except as specifically authorized by the Sec- retary of the Treasury, a vessel carrying goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national has any interest may not enter a United States port. (3) Inapplicability of ship stores general li- cense No commodities which may be exported under a general license described in section 771.9 of title 15, Code of Federal Regulations, as in effect on May 1, 1992, may be exported under a general license to any vessel carrying goods or passengers to or from Cuba or car- rying goods in which Cuba or a Cuban national has an interest. (4) Definitions As used in this subsection— (A) the term ‘‘vessel’’ includes every de- scription of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not in- clude aircraft; (B) the term ‘‘United States’’ includes the territories and possessions of the United States and the customs waters of the United States (as defined in section 1401 of title 19; and (C) the term ‘‘Cuban national’’ means a na- tional of Cuba, as the term ‘‘national’’ is de- fined in section 515.302 of title 31, Code of Federal Regulations, as of August 1, 1992. (c) Restrictions on remittances to Cuba The President shall establish strict limits on remittances to Cuba by United States persons for the purpose of financing the travel of Cubans to the United States, in order to ensure that such remittances reflect only the reasonable costs associated with such travel, and are not used by the Government of Cuba as a means of gaining access to United States currency. (d) Clarification of applicability of sanctions The prohibitions contained in subsections (a), (b), and (c) shall not apply with respect to any activity otherwise permitted by section 6004 of this title or section 6006 of this title or any ac- tivity which may not be regulated or prohibited under section 5(b)(4) of the Trading With the Enemy Act [50 U.S.C. 4305(b)(4)]. (Pub. L. 102–484, div. A, title XVII, § 1706, Oct. 23, 1992, 106 Stat. 2578.) REPEAL OF SECTION Pub. L. 104–114, title II, § 204(d)(3), Mar. 12, 1996, 110 Stat. 810, provided that on date on which President submits determination under section 6063(c)(3) of this title that democrat- ically elected government in Cuba is in power, this section is repealed. § 6006. Policy toward a transitional Cuban Gov- ernment Food, medicine, and medical supplies for hu- manitarian purposes should be made available for Cuba under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] and the Food for Peace Act [7 U.S.C. 1691 et seq.] if the President determines and certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the government in power in Cuba— (1) has made a public commitment to hold free and fair elections for a new government within 6 months and is proceeding to imple- ment that decision; (2) has made a public commitment to re- spect, and is respecting, internationally recog- nized human rights and basic democratic free- doms; and (3) is not providing weapons or funds to any group, in any other country, that seeks the violent overthrow of the government of that country. (Pub. L. 102–484, div. A, title XVII, § 1707, Oct. 23, 1992, 106 Stat. 2579; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(V), June 18, 2008, 122 Stat. 1820, 1821.)