22 U.S.C. § 6009 — Enforcement

Page 1739 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6010 Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in text, 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 section 2151 of this title and Tables. The Food for Peace Act, referred to in text, is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to chapter 41 (§ 1691 et seq.) of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. AMENDMENTS 2008—Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assist- ance Act of 1954’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. § 6007. Policy toward a democratic Cuban Gov- ernment (a) Waiver of restrictions The President may waive the requirements of section 6005 of this title if the President deter- mines and reports to the Congress that the Gov- ernment of Cuba— (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to organize and campaign for such elec- tions, and has permitted full access to the media to all candidates in the elections; (3) is showing respect for the basic civil lib- erties and human rights of the citizens of Cuba; (4) is moving toward establishing a free mar- ket economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections that meet the requirements of para- graph (2). (b) Policies If the President makes a determination under subsection (a), the President shall take the fol- lowing actions with respect to a Cuban Govern- ment elected pursuant to elections described in subsection (a): (1) To encourage the admission or reentry of such government to international organiza- tions and international financial institutions. (2) To provide emergency relief during Cuba’s transition to a viable economic system. (3) To take steps to end the United States trade embargo of Cuba. (Pub. L. 102–484, div. A, title XVII, § 1708, Oct. 23, 1992, 106 Stat. 2580.) § 6008. Existing claims not affected Except as provided in section 6004(a) of this title, nothing in this chapter affects the provi- sions of section 2370(a)(2) of this title. (Pub. L. 102–484, div. A, title XVII, § 1709, Oct. 23, 1992, 106 Stat. 2580.) § 6009. Enforcement (a) Enforcement authority The authority to enforce this chapter shall be carried out by the Secretary of the Treasury. The Secretary of the Treasury shall exercise the authorities of the Trading With the Enemy Act [50 U.S.C. 4301 et seq.] in enforcing this chapter. In carrying out this subsection, the Secretary of the Treasury shall take the necessary steps to ensure that activities permitted under section 6004 of this title are carried out for the purposes set forth in this chapter and not for purposes of the accumulation by the Cuban Government of excessive amounts of United States currency or the accumulation of excessive profits by any person or entity. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this chapter. (c) Omitted (d) Applicability of penalties The penalties set forth in section 16 of the Trading With the Enemy Act [50 U.S.C. 4315] shall apply to violations of this chapter to the same extent as such penalties apply to viola- tions under that Act [50 U.S.C. 4301 et seq.]. (e) Office of Foreign Assets Control The Department of the Treasury shall estab- lish and maintain a branch of the Office of For- eign Assets Control in Miami, Florida, in order to strengthen the enforcement of this chapter. (Pub. L. 102–484, div. A, title XVII, § 1710, Oct. 23, 1992, 106 Stat. 2580.) Editorial Notes REFERENCES IN TEXT The Trading With the Enemy Act, referred to in sub- secs. (a) and (d), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classifica- tion of this Act to the Code, see Tables. CODIFICATION Section is comprised of section 1710 of Pub. L. 102–484. Subsec. (c) of section 1710 of Pub. L. 102–484 amended section 4315 of Title 50, War and National Defense. § 6010. ‘‘United States person’’ defined As used in this chapter, the term ‘‘United States person’’ means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States. (Pub. L. 102–484, div. A, title XVII, § 1711, Oct. 23, 1992, 106 Stat. 2581.) CHAPTER 69A—CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) Sec. 6021. Findings. 6022. Purposes.