22 U.S.C. § 6064 — Termination of economic embargo of

Page 1754 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6064 cluding a description of each type of assist- ance, the amounts expended for such assist- ance, and a description of the assistance to be provided under the plan in the current fiscal year. (d) Reprogramming Any changes in the assistance to be provided under the plan developed under section 6062(b) of this title may not be made unless the President notifies the appropriate congressional commit- tees at least 15 days in advance in accordance with the procedures applicable to reprogram- ming notifications under section 2394–1 of this title. (Pub. L. 104–114, title II, § 203, Mar. 12, 1996, 110 Stat. 809.) § 6064. Termination of economic embargo of Cuba (a) Presidential actions Upon submitting a determination to the ap- propriate congressional committees under sec- tion 6063(c)(1) of this title that a transition gov- ernment in Cuba is in power, the President, after consultation with the Congress, is author- ized to take steps to suspend the economic em- bargo of Cuba and to suspend the right of action created in section 6082 of this title with respect to actions thereafter filed against the Cuban Government, to the extent that such steps con- tribute to a stable foundation for a democrat- ically elected government in Cuba. (b) Suspension of certain provisions of law In carrying out subsection (a), the President may suspend the enforcement of— (1) section 2370(a) of this title; (2) section 2370(f) of this title with respect to the ‘‘Republic of Cuba’’; (3) sections 6003, 6004(d), and 6005 of this title; (4) section 902(c) of the Food Security Act of 1985; and (5) the prohibitions on transactions de- scribed in part 515 of title 31, Code of Federal Regulations. (c) Additional Presidential actions Upon submitting a determination to the ap- propriate congressional committees under sec- tion 6063(c)(3) of this title that a democratically elected government in Cuba is in power, the President shall take steps to terminate the eco- nomic embargo of Cuba, including the restric- tions under part 515 of title 31, Code of Federal Regulations. (d) Conforming amendments On the date on which the President submits a determination under section 6063(c)(3) of this title— (1) section 2370(a) of this title is repealed; (2) section 2370(f) of this title is amended by striking ‘‘Republic of Cuba’’; (3) sections 6003, 6004(d), and 6005 of this title are repealed; and (4) section 902(c) of the Food Security Act of 1985 is repealed. (e) Review of suspension of economic embargo (1) Review If the President takes action under sub- section (a) to suspend the economic embargo of Cuba, the President shall immediately so notify the Congress. The President shall re- port to the Congress no less frequently than every 6 months thereafter, until he submits a determination under section 6063(c)(3) of this title that a democratically elected govern- ment in Cuba is in power, on the progress being made by Cuba toward the establishment of such a democratically elected government. The action of the President under subsection (a) shall cease to be effective upon the enact- ment of a joint resolution described in para- graph (2). (2) Joint resolutions For purposes of this subsection, the term ‘‘joint resolution’’ means only a joint resolu- tion of the 2 Houses of Congress, the matter after the resolving clause of which is as fol- lows: ‘‘That the Congress disapproves the ac- tion of the President under section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the eco- nomic embargo of Cuba, notice of which was submitted to the Congress on ll.’’, with the blank space being filled with the appropriate date. (3) Referral to committees Joint resolutions introduced in the House of Representatives shall be referred to the Com- mittee on International Relations and joint resolutions introduced in the Senate shall be referred to the Committee on Foreign Rela- tions. (4) Procedures (A) Any joint resolution shall be considered in the Senate in accordance with the provi- sions of section 601(b) of the International Se- curity Assistance and Arms Export Control Act of 1976. (B) For the purpose of expediting the consid- eration and enactment of joint resolutions, a motion to proceed to the consideration of any joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representa- tives. (C) Not more than 1 joint resolution may be considered in the House of Representatives and the Senate in the 6-month period begin- ning on the date on which the President noti- fies the Congress under paragraph (1) of the action taken under subsection (a), and in each 6-month period thereafter. (Pub. L. 104–114, title II, § 204, Mar. 12, 1996, 110 Stat. 810.) Editorial Notes REFERENCES IN TEXT Section 902(c) of the Food Security Act of 1985, re- ferred to in subsecs. (b)(4) and (d)(4), is section 902(c) of Pub. L. 99–198, which is set out as a note under section 1446g of Title 7, Agriculture. Section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, referred to in sub- sec. (e)(2), is subsec. (a) of this section. Section 601(b) of the International Security Assist- ance and Arms Export Control Act of 1976, referred to in subsec. (e)(4)(A), is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classi- fied to the Code. Page 1755 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6066 Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 6065. Requirements and factors for determining transition government (a) Requirements For the purposes of this chapter, a transition government in Cuba is a government that— (1) has legalized all political activity; (2) has released all political prisoners and al- lowed for investigations of Cuban prisons by appropriate international human rights orga- nizations; (3) has dissolved the present Department of State Security in the Cuban Ministry of the Interior, including the Committees for the De- fense of the Revolution and the Rapid Re- sponse Brigades; and (4) has made public commitments to orga- nizing free and fair elections for a new govern- ment— (A) to be held in a timely manner within a period not to exceed 18 months after the transition government assumes power; (B) with the participation of multiple inde- pendent political parties that have full ac- cess to the media on an equal basis, includ- ing (in the case of radio, television, or other telecommunications media) in terms of al- lotments of time for such access and the times of day such allotments are given; and (C) to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other election monitors; (5) has ceased any interference with Radio Marti or Television Marti broadcasts; (6) makes public commitments to and is making demonstrable progress in— (A) establishing an independent judiciary; (B) respecting internationally recognized human rights and basic freedoms as set forth in the Universal Declaration of Human Rights, to which Cuba is a signatory nation; (C) allowing the establishment of inde- pendent trade unions as set forth in conven- tions 87 and 98 of the International Labor Organization, and allowing the establish- ment of independent social, economic, and political associations; (7) does not include Fidel Castro or Raul Castro; and (8) has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the Cuban people. (b) Additional factors In addition to the requirements in subsection (a), in determining whether a transition govern- ment in Cuba is in power, the President shall take into account the extent to which that gov- ernment— (1) is demonstrably in transition from a communist totalitarian dictatorship to rep- resentative democracy; (2) has made public commitments to, and is making demonstrable progress in— (A) effectively guaranteeing the rights of free speech and freedom of the press, includ- ing granting permits to privately owned media and telecommunications companies to operate in Cuba; (B) permitting the reinstatement of citi- zenship to Cuban-born persons returning to Cuba; (C) assuring the right to private property; and (D) taking appropriate steps to return to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citi- zens and entities for such property; (3) has extradited or otherwise rendered to the United States all persons sought by the United States Department of Justice for crimes committed in the United States; and (4) has permitted the deployment through- out Cuba of independent and unfettered inter- national human rights monitors. (Pub. L. 104–114, title II, § 205, Mar. 12, 1996, 110 Stat. 811.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. § 6066. Requirements for determining democrat- ically elected government For purposes of this chapter, a democratically elected government in Cuba, in addition to meeting the requirements of section 6065(a) of this title, is a government which— (1) results from free and fair elections— (A) conducted under the supervision of internationally recognized observers; and (B) in which— (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full ac- cess to the media; (2) is showing respect for the basic civil lib- erties and human rights of the citizens of Cuba; (3) is substantially moving toward a market- oriented economic system based on the right to own and enjoy property; (4) is committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citi- zens of Cuba; (5) has made demonstrable progress in estab- lishing an independent judiciary; and (6) has made demonstrable progress in re- turning to United States citizens (and entities