22 U.S.C. § 6065 — Requirements and factors for determining

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