22 U.S.C. § 6021 — Findings

Page 1740 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6021 Sec. 6023. Definitions. 6024. Severability. SUBCHAPTER I—STRENGTHENING INTER- NATIONAL SANCTIONS AGAINST THE CASTRO GOVERNMENT 6031. Statement of policy. 6032. Enforcement of economic embargo of Cuba. 6033. Prohibition against indirect financing of Cuba. 6034. United States opposition to Cuban member- ship in international financial institutions. 6035. United States opposition to termination of suspension of Cuban Government from par- ticipation in Organization of American States. 6036. Assistance by independent states of former Soviet Union for Cuban Government. 6037. Television broadcasting to Cuba. 6038. Reports on commerce with, and assistance to, Cuba from other foreign countries. 6039. Authorization of support for democratic and human rights groups and international ob- servers. 6040. Importation safeguard against certain Cuban products. 6041. Withholding of foreign assistance from coun- tries supporting Juragua nuclear plant in Cuba. 6042. Reinstitution of family remittances and trav- el to Cuba. 6043. Expulsion of criminals from Cuba. 6044. News bureaus in Cuba. 6045. Effect of chapter on lawful United States Government activities. 6046. Condemnation of Cuban attack on American aircraft. SUBCHAPTER II—ASSISTANCE TO FREE AND INDEPENDENT CUBA 6061. Policy toward transition government and democratically elected government in Cuba. 6062. Assistance for Cuban people. 6063. Coordination of assistance program; imple- mentation and reports to Congress; re- programming. 6064. Termination of economic embargo of Cuba. 6065. Requirements and factors for determining transition government. 6066. Requirements for determining democratically elected government. 6067. Settlement of outstanding United States claims to confiscated property in Cuba. SUBCHAPTER III—PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS 6081. Findings. 6082. Liability for trafficking in confiscated prop- erty claimed by United States nationals. 6083. Proof of ownership of claims to confiscated property. 6084. Limitation of actions. 6085. Effective date. SUBCHAPTER IV—EXCLUSION OF CERTAIN ALIENS 6091. Exclusion from United States of aliens who have confiscated property of United States nationals or who traffic in such property. § 6021. Findings The Congress makes the following findings: (1) The economy of Cuba has experienced a decline of at least 60 percent in the last 5 years as a result of— (A) the end of its subsidization by the former Soviet Union of between 5 billion and 6 billion dollars annually; (B) 36 years of communist tyranny and economic mismanagement by the Castro government; (C) the extreme decline in trade between Cuba and the countries of the former Soviet bloc; and (D) the stated policy of the Russian Gov- ernment and the countries of the former So- viet bloc to conduct economic relations with Cuba on strictly commercial terms. (2) At the same time, the welfare and health of the Cuban people have substantially dete- riorated as a result of this economic decline and the refusal of the Castro regime to permit free and fair democratic elections in Cuba. (3) The Castro regime has made it abun- dantly clear that it will not engage in any sub- stantive political reforms that would lead to democracy, a market economy, or an eco- nomic recovery. (4) The repression of the Cuban people, in- cluding a ban on free and fair democratic elec- tions, and continuing violations of funda- mental human rights, have isolated the Cuban regime as the only completely nondemocratic government in the Western Hemisphere. (5) As long as free elections are not held in Cuba, the economic condition of the country and the welfare of the Cuban people will not improve in any significant way. (6) The totalitarian nature of the Castro re- gime has deprived the Cuban people of any peaceful means to improve their condition and has led thousands of Cuban citizens to risk or lose their lives in dangerous attempts to es- cape from Cuba to freedom. (7) Radio Marti and Television Marti have both been effective vehicles for providing the people of Cuba with news and information and have helped to bolster the morale of the people of Cuba living under tyranny. (8) The consistent policy of the United States towards Cuba since the beginning of the Castro regime, carried out by both Democratic and Republican administrations, has sought to keep faith with the people of Cuba, and has been effective in sanctioning the totalitarian Castro regime. (9) The United States has shown a deep com- mitment, and considers it a moral obligation, to promote and protect human rights and fun- damental freedoms as expressed in the Charter of the United Nations and in the Universal Declaration of Human Rights. (10) The Congress has historically and con- sistently manifested its solidarity and the sol- idarity of the American people with the demo- cratic aspirations of the Cuban people. (11) The Cuban Democracy Act of 1992 [22 U.S.C. 6001 et seq.] calls upon the President to encourage the governments of countries that conduct trade with Cuba to restrict their trade and credit relations with Cuba in a manner consistent with the purposes of that Act. (12) Amendments to the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] made by the FREEDOM Support Act require that the Presi- dent, in providing economic assistance to Rus- sia and the emerging Eurasian democracies, take into account the extent to which they are acting to ‘‘terminate support for the com- Page 1741 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6021 munist regime in Cuba, including removal of troops, closing military facilities, and ceasing trade subsidies and economic, nuclear, and other assistance’’. (13) The Cuban Government engages in the illegal international narcotics trade and har- bors fugitives from justice in the United States. (14) The Castro government threatens inter- national peace and security by engaging in acts of armed subversion and terrorism such as the training and supplying of groups dedi- cated to international violence. (15) The Castro government has utilized from its inception and continues to utilize tor- ture in various forms (including by psychi- atry), as well as execution, exile, confiscation, political imprisonment, and other forms of terror and repression, as means of retaining power. (16) Fidel Castro has defined democratic plu- ralism as ‘‘pluralistic garbage’’ and continues to make clear that he has no intention of tol- erating the democratization of Cuban society. (17) The Castro government holds innocent Cubans hostage in Cuba by no fault of the hos- tages themselves solely because relatives have escaped the country. (18) Although a signatory state to the 1928 Inter-American Convention on Asylum and the International Covenant on Civil and Polit- ical Rights (which protects the right to leave one’s own country), Cuba nevertheless sur- rounds embassies in its capital by armed forces to thwart the right of its citizens to seek asylum and systematically denies that right to the Cuban people, punishing them by imprisonment for seeking to leave the country and killing them for attempting to do so (as demonstrated in the case of the confirmed murder of over 40 men, women, and children who were seeking to leave Cuba on July 13, 1994). (19) The Castro government continues to uti- lize blackmail, such as the immigration crisis with which it threatened the United States in the summer of 1994, and other unacceptable and illegal forms of conduct to influence the actions of sovereign states in the Western Hemisphere in violation of the Charter of the Organization of American States and other international agreements and international law. (20) The United Nations Commission on Human Rights has repeatedly reported on the unacceptable human rights situation in Cuba and has taken the extraordinary step of ap- pointing a Special Rapporteur. (21) The Cuban Government has consistently refused access to the Special Rapporteur and formally expressed its decision not to ‘‘imple- ment so much as one comma’’ of the United Nations Resolutions appointing the Rapporteur. (22) The United Nations General Assembly passed Resolution 47–139 on December 18, 1992, Resolution 48–142 on December 20, 1993, and Resolution 49–200 on December 23, 1994, ref- erencing the Special Rapporteur’s reports to the United Nations and condemning violations of human rights and fundamental freedoms in Cuba. (23) Article 39 of Chapter VII of the United Nations Charter provides that the United Na- tions Security Council ‘‘shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken . . ., to maintain or restore international peace and security.’’. (24) The United Nations has determined that massive and systematic violations of human rights may constitute a ‘‘threat to peace’’ under Article 39 and has imposed sanctions due to such violations of human rights in the cases of Rhodesia, South Africa, Iraq, and the former Yugoslavia. (25) In the case of Haiti, a neighbor of Cuba not as close to the United States as Cuba, the United States led an effort to obtain and did obtain a United Nations Security Council em- bargo and blockade against that country due to the existence of a military dictatorship in power less than 3 years. (26) United Nations Security Council Resolu- tion 940 of July 31, 1994, subsequently author- ized the use of ‘‘all necessary means’’ to re- store the ‘‘democratically elected government of Haiti’’, and the democratically elected gov- ernment of Haiti was restored to power on Oc- tober 15, 1994. (27) The Cuban people deserve to be assisted in a decisive manner to end the tyranny that has oppressed them for 36 years, and the con- tinued failure to do so constitutes ethically improper conduct by the international com- munity. (28) For the past 36 years, the Cuban Govern- ment has posed and continues to pose a na- tional security threat to the United States. (Pub. L. 104–114, § 2, Mar. 12, 1996, 110 Stat. 786.) Editorial Notes REFERENCES IN TEXT The Cuban Democracy Act of 1992, referred to in par. (11), is title XVII of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2575, which is classified principally to chapter 69 (§ 6001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6001 of this title and Tables. The Foreign Assistance Act of 1961, referred to in par. (12), 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 FREEDOM Support Act, referred to in par. (12), 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. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 104–114, § 1(a), Mar. 12, 1996, 110 Stat. 785, pro- vided that: ‘‘This Act [enacting this chapter and sec- tions 1643l and 1643m of this title, amending sections 2295a, 2295b, 2370, 6003, and 6004 of this title, section 1611 of Title 28, Judiciary and Judicial Procedure, and sec- tion 4315 of Title 50, War and National Defense, repeal- ing sections 1465 to 1465f, 1465aa to 1465ff, 6003, and 6005 Page 1742 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6022 of this title, amending provisions set out as a note under section 1446g of Title 7, Agriculture, and repeal- ing provisions set out as notes under sections 1465, 1465c, and 1465aa of this title] may be cited as the ‘Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996’.’’ § 6022. Purposes The purposes of this chapter are— (1) to assist the Cuban people in regaining their freedom and prosperity, as well as in joining the community of democratic coun- tries that are flourishing in the Western Hemi- sphere; (2) to strengthen international sanctions against the Castro government; (3) to provide for the continued national se- curity of the United States in the face of con- tinuing threats from the Castro government of terrorism, theft of property from United States nationals by the Castro government, and the political manipulation by the Castro government of the desire of Cubans to escape that results in mass migration to the United States; (4) to encourage the holding of free and fair democratic elections in Cuba, conducted under the supervision of internationally recognized observers; (5) to provide a policy framework for United States support to the Cuban people in response to the formation of a transition government or a democratically elected government in Cuba; and (6) to protect United States nationals against confiscatory takings and the wrongful trafficking in property confiscated by the Cas- tro regime. (Pub. L. 104–114, § 3, Mar. 12, 1996, 110 Stat. 788.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. § 6023. Definitions As used in this chapter, the following terms have the following meanings: (1) Agency or instrumentality of a foreign state The term ‘‘agency or instrumentality of a foreign state’’ has the meaning given that term in section 1603(b) of title 28. (2) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Inter- national Relations and the Committee on Ap- propriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Sen- ate. (3) Commercial activity The term ‘‘commercial activity’’ has the meaning given that term in section 1603(d) of title 28. (4) Confiscated As used in subchapters I and III, the term ‘‘confiscated’’ refers to— (A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after January 1, 1959— (i) without the property having been re- turned or adequate and effective com- pensation provided; or (ii) without the claim to the property having been settled pursuant to an inter- national claims settlement agreement or other mutually accepted settlement proce- dure; and (B) the repudiation by the Cuban Govern- ment of, the default by the Cuban Govern- ment on, or the failure of the Cuban Govern- ment to pay, on or after January 1, 1959— (i) a debt of any enterprise which has been nationalized, expropriated, or other- wise taken by the Cuban Government; (ii) a debt which is a charge on property nationalized, expropriated, or otherwise taken by the Cuban Government; or (iii) a debt which was incurred by the Cuban Government in satisfaction or set- tlement of a confiscated property claim. (5) Cuban Government (A) The term ‘‘Cuban Government’’ includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba. (B) For purposes of subparagraph (A), the term ‘‘agency or instrumentality of the Gov- ernment of Cuba’’ means an agency or instru- mentality of a foreign state as defined in sec- tion 1603(b) of title 28, with each reference in such section to ‘‘a foreign state’’ deemed to be a reference to ‘‘Cuba’’. (6) Democratically elected government in Cuba The term ‘‘democratically elected govern- ment in Cuba’’ means a government deter- mined by the President to have met the re- quirements of section 6066 of this title. (7) Economic embargo of Cuba The term ‘‘economic embargo of Cuba’’ re- fers to— (A) the economic embargo (including all restrictions on trade or transactions with, and travel to or from, Cuba, and all restric- tions on transactions in property in which Cuba or nationals of Cuba have an interest) that was imposed against Cuba pursuant to section 2370(a) of this title, section 4305(b) of title 50, the Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following), or any other pro- vision of law; and (B) the restrictions imposed by section 902(c) of the Food Security Act of 1985. (8) Foreign national The term ‘‘foreign national’’ means— (A) an alien; or (B) any corporation, trust, partnership, or other juridical entity not organized under the laws of the United States, or of any State, the District of Columbia, or any com- monwealth, territory, or possession of the United States.