22 U.S.C. § 6041 — Withholding of foreign assistance from

Page 1747 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6041 (Pub. L. 104–114, title I, § 108, Mar. 12, 1996, 110 Stat. 798.) Executive Documents DELEGATION OF FUNCTIONS For delegation of congressional reporting functions of President under subsec. (a) 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. § 6039. Authorization of support for democratic and human rights groups and international observers (a) Authorization Notwithstanding any other provision of law (including section 6032 of this title), except for section 2394–1 of this title and comparable noti- fication requirements contained in any Act making appropriations for foreign operations, export financing, and related programs, the President is authorized to furnish assistance and provide other support for individuals and inde- pendent nongovernmental organizations to sup- port democracy-building efforts for Cuba, in- cluding the following: (1) Published and informational matter, such as books, videos, and cassettes, on transitions to democracy, human rights, and market economies, to be made available to inde- pendent democratic groups in Cuba. (2) Humanitarian assistance to victims of political repression, and their families. (3) Support for democratic and human rights groups in Cuba. (4) Support for visits and permanent deploy- ment of independent international human rights monitors in Cuba. (b) OAS emergency fund (1) For support of human rights and elections The President shall take the necessary steps to encourage the Organization of American States to create a special emergency fund for the explicit purpose of deploying human rights observers, election support, and election ob- servation in Cuba. (2) Action of other member states The President should instruct the United States Permanent Representative to the Orga- nization of American States to encourage other member states of the Organization to join in calling for the Cuban Government to allow the immediate deployment of inde- pendent human rights monitors of the Organi- zation throughout Cuba and on-site visits to Cuba by the Inter-American Commission on Human Rights. (3) Voluntary contributions for fund Notwithstanding section 2227 of this title or any other provision of law limiting the United States proportionate share of assistance to Cuba by any international organization, the President should provide not less than $5,000,000 of the voluntary contributions of the United States to the Organization of American States solely for the purposes of the special fund referred to in paragraph (1). (c) Denial of funds to Cuban Government In implementing this section, the President shall take all necessary steps to ensure that no funds or other assistance is provided to the Cuban Government. (Pub. L. 104–114, title I, § 109, Mar. 12, 1996, 110 Stat. 799.) § 6040. Importation safeguard against certain Cuban products (a) Prohibition on import of and dealings in Cuban products The Congress notes that section 515.204 of title 31, Code of Federal Regulations, prohibits the entry of, and dealings outside the United States in, merchandise that— (1) is of Cuban origin; (2) is or has been located in or transported from or through Cuba; or (3) is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba. (b) Effect of NAFTA The Congress notes that United States acces- sion to the North American Free Trade Agree- ment does not modify or alter the United States sanctions against Cuba. The statement of ad- ministrative action accompanying that trade agreement specifically states the following: (1) ‘‘The NAFTA rules of origin will not in any way diminish the Cuban sanctions pro- gram. . . . Nothing in the NAFTA would oper- ate to override this prohibition.’’. (2) ‘‘Article 309(3) [of the NAFTA] permits the United States to ensure that Cuban prod- ucts or goods made from Cuban materials are not imported into the United States from Mexico or Canada and that United States products are not exported to Cuba through those countries.’’. (c) Restriction of sugar imports The Congress notes that section 902(c) of the Food Security Act of 1985 (Public Law 99–198) re- quires the President not to allocate any of the sugar import quota to a country that is a net importer of sugar unless appropriate officials of that country verify to the President that the country does not import for reexport to the United States any sugar produced in Cuba. (d) Assurances regarding sugar products Protection of essential security interests of the United States requires assurances that sugar products that are entered, or withdrawn from warehouse for consumption, into the customs territory of the United States are not products of Cuba. (Pub. L. 104–114, title I, § 110, Mar. 12, 1996, 110 Stat. 800.) Editorial Notes REFERENCES IN TEXT Section 902(c) of the Food Security Act of 1985, re- ferred to in subsec. (c), is section 902(c) of Pub. L. 99–198, which is set out as a note under section 1446g of Title 7, Agriculture. § 6041. Withholding of foreign assistance from countries supporting Juragua nuclear plant in Cuba (a) Findings The Congress makes the following findings: Page 1748 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6041 (1) President Clinton stated in April 1993 that the United States opposed the construc- tion of the Juragua nuclear power plant be- cause of the concerns of the United States about Cuba’s ability to ensure the safe oper- ation of the facility and because of Cuba’s re- fusal to sign the Nuclear Non-Proliferation Treaty or ratify the Treaty of Tlatelolco. (2) Cuba has not signed the Treaty on the Non-Proliferation of Nuclear Weapons or rati- fied the Treaty of Tlatelolco, the latter of which establishes Latin America and the Car- ibbean as a nuclear weapons-free zone. (3) The State Department, the Nuclear Regu- latory Commission, and the Department of Energy have expressed concerns about the construction and operation of Cuba’s nuclear reactors. (4) In a September 1992 report to the Con- gress, the General Accounting Office outlined concerns among nuclear energy experts about deficiencies in the nuclear plant project in Juragua, near Cienfuegos, Cuba, including— (A) a lack in Cuba of a nuclear regulatory structure; (B) the absence in Cuba of an adequate in- frastructure to ensure the plant’s safe oper- ation and requisite maintenance; (C) the inadequacy of training of plant op- erators; (D) reports by a former technician from Cuba who, by examining with x-rays weld sites believed to be part of the auxiliary plumbing system for the plant, found that 10 to 15 percent of those sites were defective; (E) since September 5, 1992, when construc- tion on the plant was halted, the prolonged exposure to the elements, including corro- sive salt water vapor, of the primary reactor components; and (F) the possible inadequacy of the upper portion of the reactors’ dome retention ca- pability to withstand only 7 pounds of pres- sure per square inch, given that normal at- mospheric pressure is 32 pounds per square inch and United States reactors are designed to accommodate pressures of 50 pounds per square inch. (5) The United States Geological Survey claims that it had difficulty determining an- swers to specific questions regarding earth- quake activity in the area near Cienfuegos be- cause the Cuban Government was not forth- coming with information. (6) The Geological Survey has indicated that the Caribbean plate, a geological formation near the south coast of Cuba, may pose seis- mic risks to Cuba and the site of the power plant, and may produce large to moderate earthquakes. (7) On May 25, 1992, the Caribbean plate pro- duced an earthquake numbering 7.0 on the Richter scale. (8) According to a study by the National Oceanic and Atmospheric Administration, summer winds could carry radioactive pollut- ants from a nuclear accident at the power plant throughout all of Florida and parts of the States on the coast of the Gulf of Mexico as far as Texas, and northern winds could carry the pollutants as far northeast as Vir- ginia and Washington, D.C. (9) The Cuban Government, under dictator Fidel Castro, in 1962 advocated the Soviets’ launching of nuclear missiles to the United States, which represented a direct and dan- gerous provocation of the United States and brought the world to the brink of a nuclear conflict. (10) Fidel Castro over the years has consist- ently issued threats against the United States Government, most recently that he would un- leash another perilous mass migration from Cuba upon the enactment of this chapter. (11) Despite the various concerns about the plant’s safety and operational problems, a fea- sibility study is being conducted that would establish a support group to include Russia, Cuba, and third countries with the objective of completing and operating the plant. (b) Withholding of foreign assistance (1) In general Notwithstanding any other provision of law, the President shall withhold from assistance allocated, on or after March 12, 1996, for any country an amount equal to the sum of assist- ance and credits, if any, provided on or after March 12, 1996, by that country or any entity in that country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba. (2) Exceptions The requirement of paragraph (1) to with- hold assistance shall not apply with respect to— (A) assistance to meet urgent humani- tarian needs, including disaster and refugee relief; (B) democratic political reform or rule of law activities; (C) the creation of private sector or non- governmental organizations that are inde- pendent of government control; (D) the development of a free market eco- nomic system; (E) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103–160) [22 U.S.C. 5951 et seq.]; or (F) assistance under the secondary school exchange program administered by the United States Information Agency. (3) ‘‘Assistance’’ defined As used in paragraph (1), the term ‘‘assist- ance’’ means assistance under the Foreign As- sistance Act of 1961 [22 U.S.C. 2151 et seq.], credits, sales, guarantees of extensions of credit, and other assistance under the Arms Export Control Act [22 U.S.C. 2751 et seq.], as- sistance under titles I and III of the Food for Peace Act [7 U.S.C. 1701 et seq., 1727 et seq.], assistance under the FREEDOM Support Act, and any other program of assistance or credits provided by the United States to other coun- tries under other provisions of law. (Pub. L. 104–114, title I, § 111, Mar. 12, 1996, 110 Stat. 800; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(W), June 18, 2008, 122 Stat. 1820, 1821.) Page 1749 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6044 Editorial Notes REFERENCES IN TEXT Upon the enactment of this chapter, referred to in subsec. (a)(10), means the date of enactment of Pub. L. 104–114, which was approved Mar. 12, 1996. The Cooperative Threat Reduction Act of 1993, re- ferred to in subsec. (b)(2)(E), is title XII of div. A of Pub. L. 103–160, Nov. 30, 1993, 107 Stat. 1777, which is classified generally to chapter 68A (§ 5951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5951 of this title and Tables. The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(3), 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)(3), 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 section 2751 of this title and Tables. The Food for Peace Act, referred to in subsec. (b)(3), is act July 10, 1954, ch. 469, 68 Stat. 454. Titles I and III of the Act are classified generally to subchapters II (§ 1701 et seq.) and III–A (§ 1727 et seq.), respectively, of chapter 41 of Title 7, Agriculture. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. The FREEDOM Support Act, referred to in subsec. (b)(3), is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320, also known as the Freedom for Russia and Emerging Eur- asian Democracies and Open Markets Support Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. AMENDMENTS 2008—Subsec. (b)(3). Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assistance Act of 1954’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME General Accounting Office redesignated Government Accountability Office by section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance. 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. TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. § 6042. Reinstitution of family remittances and travel to Cuba It is the sense of the Congress that the Presi- dent should— (1)(A) before considering the reinstitution of general licenses for family remittances to Cuba, insist that, prior to such reinstitution, the Cuban Government permit the unfettered operation of small businesses fully empowered with the right to hire others to whom they may pay wages and to buy materials necessary in the operation of the businesses, and with such other authority and freedom as are re- quired to foster the operation of small busi- nesses throughout Cuba; and (B) if licenses described in subparagraph (A) are reinstituted, require a specific license for remittances described in subparagraph (A) in amounts of more than $500; and (2) before considering the reinstitution of general licenses for travel to Cuba by individ- uals resident in the United States who are family members of Cuban nationals who are resident in Cuba, insist on such actions by the Cuban Government as abrogation of the sanc- tion for departure from Cuba by refugees, re- lease of political prisoners, recognition of the right of association, and other fundamental freedoms. (Pub. L. 104–114, title I, § 112, Mar. 12, 1996, 110 Stat. 802.) § 6043. Expulsion of criminals from Cuba The President shall instruct all United States Government officials who engage in official con- tacts with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States all persons residing in Cuba who are sought by the United States Depart- ment of Justice for crimes committed in the United States. (Pub. L. 104–114, title I, § 113, Mar. 12, 1996, 110 Stat. 803.) § 6044. News bureaus in Cuba (a) Establishment of news bureaus The President is authorized to establish and implement an exchange of news bureaus between the United States and Cuba, if the exchange meets the following conditions: (1) The exchange is fully reciprocal. (2) The Cuban Government agrees not to interfere with the establishment of news bu- reaus or with the movement in Cuba of jour- nalists of any United States-based news orga- nizations, including Radio Marti and Tele- vision Marti. (3) The Cuban Government agrees not to interfere with decisions of United States-based news organizations with respect to individuals assigned to work as journalists in their news bureaus in Cuba. (4) The Department of the Treasury is able to ensure that only accredited journalists reg- ularly employed with a news gathering organi- zation travel to Cuba under this subsection. (5) The Cuban Government agrees not to interfere with the transmission of tele- communications signals of news bureaus or with the distribution within Cuba of publica- tions of any United States-based news organi- zation that has a news bureau in Cuba. (b) Assurance against espionage In implementing this section, the President shall take all necessary steps to ensure the safe- ty and security of the United States against es- pionage by Cuban journalists it believes to be working for the intelligence agencies of the Cuban Government.