22 U.S.C. § 6032 — Enforcement of economic embargo of

Page 1744 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6024 § 6024. Severability If any provision of this chapter or the amend- ments made by this chapter or the application thereof to any person or circumstance is held in- valid, the remainder of this chapter, the amend- ments made by this chapter, or the application thereof to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. (Pub. L. 104–114, § 5, Mar. 12, 1996, 110 Stat. 791.) 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. SUBCHAPTER I—STRENGTHENING INTER- NATIONAL SANCTIONS AGAINST THE CASTRO GOVERNMENT § 6031. Statement of policy It is the sense of the Congress that— (1) the acts of the Castro government, in- cluding its massive, systematic, and extraor- dinary violations of human rights, are a threat to international peace; (2) the President should advocate, and should instruct the United States Permanent Representative to the United Nations to pro- pose and seek within the Security Council, a mandatory international embargo against the totalitarian Cuban Government pursuant to chapter VII of the Charter of the United Na- tions, employing efforts similar to consulta- tions conducted by United States representa- tives with respect to Haiti; (3) any resumption of efforts by any inde- pendent state of the former Soviet Union to make operational any nuclear facilities in Cuba, and any continuation of intelligence ac- tivities by such a state from Cuba that are targeted at the United States and its citizens will have a detrimental impact on United States assistance to such state; and (4) in view of the threat to the national secu- rity posed by the operation of any nuclear fa- cility, and the Castro government’s con- tinuing blackmail to unleash another wave of Cuban refugees fleeing from Castro’s oppres- sion, most of whom find their way to United States shores, further depleting limited hu- manitarian and other resources of the United States, the President should do all in his power to make it clear to the Cuban Govern- ment that— (A) the completion and operation of any nuclear power facility, or (B) any further political manipulation of the desire of Cubans to escape that results in mass migration to the United States, will be considered an act of aggression which will be met with an appropriate response in order to maintain the security of the national borders of the United States and the health and safety of the American people. (Pub. L. 104–114, title I, § 101, Mar. 12, 1996, 110 Stat. 791.) § 6032. Enforcement of economic embargo of Cuba (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)], which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba in a man- ner consistent with the purposes of that Act [22 U.S.C. 6001 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)] against countries assisting Cuba. (b) Diplomatic efforts The Secretary of State should ensure that United States diplomatic personnel abroad un- derstand and, in their contacts with foreign offi- cials, 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 en- force fully the Cuban Assets Control Regula- tions 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 Presi- dent 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 offi- cers 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 re- main in effect, subject to section 6064 of this title. (Pub. L. 104–114, title I, § 102, Mar. 12, 1996, 110 Stat. 792.) Editorial Notes REFERENCES IN TEXT The Cuban Democracy Act of 1992, referred to in sub- sec. (a), is title XVII of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2575, which is classified principally to chapter 69 (§ 6001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6001 of this title and Tables. CODIFICATION Section is comprised of section 102 of Pub. L. 104–114. Subsec. (d) of section 102 of Pub. L. 104–114 amended 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, § 103, Mar. 12, 1996, 110 Stat. 794.) § 6034. United States opposition to Cuban mem- bership in international financial institu- tions (a) Continued opposition to Cuban membership in international financial institutions (1) In general Except as provided in paragraph (2), the Sec- retary of the Treasury shall instruct the United States executive director of each inter- national financial institution to use the voice and vote of the United States to oppose the ad- mission of Cuba as a member of such institu- tion until the President submits a determina- tion under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power. (2) Transition government Once the President submits a determination under section 6063(c)(1) of this title that a transition government in Cuba is in power— (A) the President is encouraged to take steps to support the processing of Cuba’s ap- plication for membership in any inter- national financial institution, subject to the membership taking effect after a democrat- ically elected government in Cuba is in power, and (B) the Secretary of the Treasury is au- thorized to instruct the United States execu- tive director of each international financial institution to support loans or other assist- ance to Cuba only to the extent that such loans or assistance contribute to a stable foundation for a democratically elected gov- ernment in Cuba. (b) Reduction in United States payments to international financial institutions If any international financial institution ap- proves a loan or other assistance to the Cuban Government over the opposition of the United States, then the Secretary of the Treasury shall withhold from payment to such institution an amount equal to the amount of the loan or other assistance, with respect to either of the fol- lowing types of payment: (1) The paid-in portion of the increase in capital stock of the institution. (2) The callable portion of the increase in capital stock of the institution. (c) ‘‘International financial institution’’ defined For purposes of this section, the term ‘‘inter- national financial institution’’ means the Inter- national Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multi- lateral Investment Guaranty Agency, and the Inter-American Development Bank. (Pub. L. 104–114, title I, § 104, Mar. 12, 1996, 110 Stat. 794.) § 6035. United States opposition to termination of suspension of Cuban Government from par- ticipation in Organization of American States The President should instruct the United States Permanent Representative to the Organi- zation of American States to oppose and vote against any termination of the suspension of the Cuban Government from participation in the Or- ganization until the President determines under section 6063(c)(3) of this title that a democrat- ically elected government in Cuba is in power. (Pub. L. 104–114, title I, § 105, Mar. 12, 1996, 110 Stat. 795.) § 6036. Assistance by independent states of former Soviet Union for Cuban Government (a) Reporting requirement Not later than 90 days after March 12, 1996, the President shall submit to the appropriate con- gressional committees a report detailing progress toward the withdrawal of personnel of any independent state of the former Soviet Union (within the meaning of section 5801 of this title), including advisers, technicians, and mili- tary personnel, from the Cienfuegos nuclear fa- cility in Cuba.