22 U.S.C. § 6036 — Assistance by independent states of

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. Page 1746 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6037 (b), (c) Omitted (d) Facilities at Lourdes, Cuba (1) Disapproval of credits The Congress expresses its strong dis- approval of the extension by Russia of credits equivalent to $200,000,000 in support of the in- telligence facility at Lourdes, Cuba, in Novem- ber 1994. (2) Omitted (Pub. L. 104–114, title I, § 106, Mar. 12, 1996, 110 Stat. 795.) Editorial Notes CODIFICATION Section is comprised of section 106 of Pub. L. 104–114. Subsecs. (b), (c), and (d)(2) of section 106 of Pub. L. 104–114 amended sections 2295a and 2295b of this title. § 6037. Television broadcasting to Cuba (a) Conversion to UHF The Director of the International Broad- casting Bureau shall implement a conversion of television broadcasting to Cuba under the Tele- vision Marti Service to ultra high frequency (UHF) broadcasting. (b) Periodic reports Not later than 45 days after March 12, 1996, and every three months thereafter until the conver- sion described in subsection (a) is fully imple- mented, the Director of the International Broad- casting Bureau shall submit a report to the ap- propriate congressional committees on the progress made in carrying out subsection (a). (c) Termination of broadcasting authorities Upon transmittal of a determination under section 6063(c)(3) of this title, the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and following) and the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 and following) are repealed. (Pub. L. 104–114, title I, § 107, Mar. 12, 1996, 110 Stat. 798; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(r), Oct. 21, 1998, 112 Stat. 2681–790.) Editorial Notes REFERENCES IN TEXT The Television Broadcasting to Cuba Act, referred to in subsec. (c), is part D of title II of Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 58, which is classified principally to subchapter V–B (§ 1465aa et seq.) of chapter 18 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1465aa of this title and Tables. The Radio Broadcasting to Cuba Act, referred to in subsec. (c), is Pub. L. 98–111, Oct. 4, 1983, 97 Stat. 749, which is classified generally to subchapter V–A (§ 1465 et seq.) of chapter 18 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1465 of this title and Tables. AMENDMENTS 1998—Subsecs. (a), (b). Pub. L. 105–277 substituted ‘‘Di- rector of the International Broadcasting Bureau’’ for ‘‘Director of the United States Information Agency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6531 of this title. § 6038. Reports on commerce with, and assist- ance to, Cuba from other foreign countries (a) Reports required Not later than 90 days after March 12, 1996, and by January 1 of each year thereafter until the President submits a determination under sec- tion 6063(c)(1) of this title, the President shall submit a report to the appropriate congressional committees on commerce with, and assistance to, Cuba from other foreign countries during the preceding 12-month period. (b) Contents of reports Each report required by subsection (a) shall, for the period covered by the report, contain the following, to the extent such information is available: (1) A description of all bilateral assistance provided to Cuba by other foreign countries, including humanitarian assistance. (2) A description of Cuba’s commerce with foreign countries, including an identification of Cuba’s trading partners and the extent of such trade. (3) A description of the joint ventures com- pleted, or under consideration, by foreign na- tionals and business firms involving facilities in Cuba, including an identification of the lo- cation of the facilities involved and a descrip- tion of the terms of agreement of the joint ventures and the names of the parties that are involved. (4) A determination as to whether or not any of the facilities described in paragraph (3) is the subject of a claim against Cuba by a United States national. (5) A determination of the amount of debt of the Cuban Government that is owed to each foreign country, including— (A) the amount of debt exchanged, for- given, or reduced under the terms of each in- vestment or operation in Cuba involving for- eign nationals; and (B) the amount of debt owed the foreign country that has been exchanged, forgiven, or reduced in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national. (6) A description of the steps taken to assure that raw materials and semifinished or fin- ished goods produced by facilities in Cuba in- volving foreign nationals do not enter the United States market, either directly or through third countries or parties. (7) An identification of countries that pur- chase, or have purchased, arms or military supplies from Cuba or that otherwise have en- tered into agreements with Cuba that have a military application, including— (A) a description of the military supplies, equipment, or other material sold, bartered, or exchanged between Cuba and such coun- tries, (B) a listing of the goods, services, credits, or other consideration received by Cuba in exchange for military supplies, equipment, or material, and (C) the terms or conditions of any such agreement.