22 U.S.C. § 6005 — Sanctions

Page 1738 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6005 Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Export Administration Act of 1979, referred to in subsecs. (a) and (c)(1), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sec- tion 5 of the Act was classified to section 4604 of Title 50 prior to repeal. AMENDMENTS 1996—Subsec. (e)(5), (6). Pub. L. 104–114, § 102(g), added pars. (5) and (6). Executive Documents DELEGATION OF FUNCTIONS For delegation of congressional reporting functions of President under subsec. (e) 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. § 6005. Sanctions (a) Prohibition on certain transactions between certain United States firms and Cuba (1) Prohibition Notwithstanding any other provision of law, no license may be issued for any transaction described in section 515.559 of title 31, Code of Federal Regulations, as in effect on July 1, 1989. (2) Applicability to existing contracts Paragraph (1) shall not affect any contract entered into before October 23, 1992. (b) Prohibitions on vessels (1) Vessels engaging in trade Beginning on the 61st day after October 23, 1992, a vessel which enters a port or place in Cuba to engage in the trade of goods or serv- ices may not, within 180 days after departure from such port or place in Cuba, load or un- load any freight at any place in the United States, except pursuant to a license issued by the Secretary of the Treasury. (2) Vessels carrying goods or passengers to or from Cuba Except as specifically authorized by the Sec- retary of the Treasury, a vessel carrying goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national has any interest may not enter a United States port. (3) Inapplicability of ship stores general li- cense No commodities which may be exported under a general license described in section 771.9 of title 15, Code of Federal Regulations, as in effect on May 1, 1992, may be exported under a general license to any vessel carrying goods or passengers to or from Cuba or car- rying goods in which Cuba or a Cuban national has an interest. (4) Definitions As used in this subsection— (A) the term ‘‘vessel’’ includes every de- scription of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not in- clude aircraft; (B) the term ‘‘United States’’ includes the territories and possessions of the United States and the customs waters of the United States (as defined in section 1401 of title 19; and (C) the term ‘‘Cuban national’’ means a na- tional of Cuba, as the term ‘‘national’’ is de- fined in section 515.302 of title 31, Code of Federal Regulations, as of August 1, 1992. (c) Restrictions on remittances to Cuba The President shall establish strict limits on remittances to Cuba by United States persons for the purpose of financing the travel of Cubans to the United States, in order to ensure that such remittances reflect only the reasonable costs associated with such travel, and are not used by the Government of Cuba as a means of gaining access to United States currency. (d) Clarification of applicability of sanctions The prohibitions contained in subsections (a), (b), and (c) shall not apply with respect to any activity otherwise permitted by section 6004 of this title or section 6006 of this title or any ac- tivity which may not be regulated or prohibited under section 5(b)(4) of the Trading With the Enemy Act [50 U.S.C. 4305(b)(4)]. (Pub. L. 102–484, div. A, title XVII, § 1706, Oct. 23, 1992, 106 Stat. 2578.) REPEAL OF SECTION Pub. L. 104–114, title II, § 204(d)(3), Mar. 12, 1996, 110 Stat. 810, provided that on date on which President submits determination under section 6063(c)(3) of this title that democrat- ically elected government in Cuba is in power, this section is repealed. § 6006. Policy toward a transitional Cuban Gov- ernment Food, medicine, and medical supplies for hu- manitarian purposes should be made available for Cuba under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] and the Food for Peace Act [7 U.S.C. 1691 et seq.] if the President determines and certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the government in power in Cuba— (1) has made a public commitment to hold free and fair elections for a new government within 6 months and is proceeding to imple- ment that decision; (2) has made a public commitment to re- spect, and is respecting, internationally recog- nized human rights and basic democratic free- doms; and (3) is not providing weapons or funds to any group, in any other country, that seeks the violent overthrow of the government of that country. (Pub. L. 102–484, div. A, title XVII, § 1707, Oct. 23, 1992, 106 Stat. 2579; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(V), June 18, 2008, 122 Stat. 1820, 1821.)