22 U.S.C. § 6034 — United States opposition to Cuban mem-

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.