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22 U.S.C. § 6031 — Statement of policy

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6031 — Statement of policy

Page 1744 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6024 § 6024. Severability If any provision of this chapter or the amend- ments made by this chapter or the application thereof to any person or circumstance is held in- valid, the remainder of this chapter, the amend- ments made by this chapter, or the application thereof to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. (Pub. L. 104–114, § 5, Mar. 12, 1996, 110 Stat. 791.) 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. SUBCHAPTER I—STRENGTHENING INTER- NATIONAL SANCTIONS AGAINST THE CASTRO GOVERNMENT § 6031. Statement of policy It is the sense of the Congress that— (1) the acts of the Castro government, in- cluding its massive, systematic, and extraor- dinary violations of human rights, are a threat to international peace; (2) the President should advocate, and should instruct the United States Permanent Representative to the United Nations to pro- pose and seek within the Security Council, a mandatory international embargo against the totalitarian Cuban Government pursuant to chapter VII of the Charter of the United Na- tions, employing efforts similar to consulta- tions conducted by United States representa- tives with respect to Haiti; (3) any resumption of efforts by any inde- pendent state of the former Soviet Union to make operational any nuclear facilities in

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Source location: USCODE-2024-title22-chap69A-subchapI-sec6031.pdf

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Page 1744 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6024 § 6024. Severability If any provision of this chapter or the amend- ments made by this chapter or the application thereof to any person or circumstance is held in- valid, the remainder of this chapter, the amend- ments made by this chapter, or the application thereof to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. (Pub. L. 104–114, § 5, Mar. 12, 1996, 110 Stat. 791.) 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. SUBCHAPTER I—STRENGTHENING INTER- NATIONAL SANCTIONS AGAINST THE CASTRO GOVERNMENT § 6031. Statement of policy It is the sense of the Congress that— (1) the acts of the Castro government, in- cluding its massive, systematic, and extraor- dinary violations of human rights, are a threat to international peace; (2) the President should advocate, and should instruct the United States Permanent Representative to the United Nations to pro- pose and seek within the Security Council, a mandatory international embargo against the totalitarian Cuban Government pursuant to chapter VII of the Charter of the United Na- tions, employing efforts similar to consulta- tions conducted by United States representa- tives with respect to Haiti; (3) any resumption of efforts by any inde- pendent state of the former Soviet Union to make operational any nuclear facilities in Cuba, and any continuation of intelligence ac- tivities by such a state from Cuba that are targeted at the United States and its citizens will have a detrimental impact on United States assistance to such state; and (4) in view of the threat to the national secu- rity posed by the operation of any nuclear fa- cility, and the Castro government’s con- tinuing blackmail to unleash another wave of Cuban refugees fleeing from Castro’s oppres- sion, most of whom find their way to United States shores, further depleting limited hu- manitarian and other resources of the United States, the President should do all in his power to make it clear to the Cuban Govern- ment that— (A) the completion and operation of any nuclear power facility, or (B) any further political manipulation of the desire of Cubans to escape that results in mass migration to the United States, will be considered an act of aggression which will be met with an appropriate response in order to maintain the security of the national borders of the United States and the health and safety of the American people. (Pub. L. 104–114, title I, § 101, Mar. 12, 1996, 110 Stat. 791.) § 6032. Enforcement of economic embargo of Cuba (a) Policy (1) Restrictions by other countries The Congress hereby reaffirms section 1704(a) of the Cuban Democracy Act of 1992 [22 U.S.C. 6003(a)], which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba in a man- ner consistent with the purposes of that Act [22 U.S.C. 6001 et seq.]. (2) Sanctions on other countries The Congress further urges the President to take immediate steps to apply the sanctions described in section 1704(b)(1) of that Act [22 U.S.C. 6003(b)(1)] against countries assisting Cuba. (b) Diplomatic efforts The Secretary of State should ensure that United States diplomatic personnel abroad un- derstand and, in their contacts with foreign offi- cials, are communicating the reasons for the United States economic embargo of Cuba, and are urging foreign governments to cooperate more effectively with the embargo. (c) Existing regulations The President shall instruct the Secretary of the Treasury and the Attorney General to en- force fully the Cuban Assets Control Regula- tions set forth in part 515 of title 31, Code of Federal Regulations. (d) Omitted (e) Denial of visas to certain Cuban nationals It is the sense of the Congress that the Presi- dent should instruct the Secretary of State and the Attorney General to enforce fully existing regulations to deny visas to Cuban nationals considered by the Secretary of State to be offi- cers or employees of the Cuban Government or of the Communist Party of Cuba. (f), (g) Omitted (h) Codification of economic embargo The economic embargo of Cuba, as in effect on March 1, 1996, including all restrictions under part 515 of title 31, Code of Federal Regulations, shall be in effect on March 12, 1996, and shall re- main in effect, subject to section 6064 of this title. (Pub. L. 104–114, title I, § 102, Mar. 12, 1996, 110 Stat. 792.) Editorial Notes REFERENCES IN TEXT The Cuban Democracy Act of 1992, referred to in sub- sec. (a), 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. CODIFICATION Section is comprised of section 102 of Pub. L. 104–114. Subsec. (d) of section 102 of Pub. L. 104–114 amended

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6001 — Findings

The Congress makes the following findings: (1) The government of Fidel Castro has demonstrated consistent disregard for internationally accepted standards of human rights and for democratic values. It restricts the Cuban people’s exercise of freedom of speech, press, assembly, and other rights recognized by the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948. It has refused to admit into Cuba the representative of the United Nations Human Rights Commission appointed to investigate human rights violations on the island. (2) The Cuban people have demonstrated their yearning for freedom and their increasing opposition to the Castro government by risking their lives in organizing independent, democratic activities on the island and by undertaking hazardous flights for freedom to the United States and other countries. (3) The Castro government maintains a military-dominated economy that has decreased the well-being of the Cuban people in order to enable the government to engage in military interventions and subversive activities throughout the world and, especially, in the Western Hemisphere. These have included involvement in narcotics trafficking and support for the FMLN guerrillas in El Salvador. (4) There is no sign that the Castro regime is prepared to make any significant concessions to democracy or to undertake any form of democratic opening. Efforts to suppress dissent through intimidation, imprisonment, and exile have accelerated since the political changes that have occurred in the former Soviet Union and Eastern Europe. (5) Events in the former Soviet Union and Eastern Europe have dramatically reduced Cuba’s external support and threaten Cuba’s food and oil supplies. (6) The fall of communism i

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6001 — Findings

Page 1734 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE §§ 5960, 5961 §§ 5960, 5961. Repealed. Pub. L. 113–291, div. A, title XIII, § 1351(11), Dec. 19, 2014, 128 Stat. 3607 Section 5960, Pub. L. 108–136, div. A, title XIII, § 1303, Nov. 24, 2003, 117 Stat. 1659, related to limitation on use of funds for Cooperative Threat Reduction programs until certain permits obtained. Section 5961, Pub. L. 108–136, div. A, title XIII, § 1305, Nov. 24, 2003, 117 Stat. 1660, related to requirement to appoint on-site managers before obligating any Cooper- ative Threat Reduction funds for certain projects. § 5961a. Requirement for on-site managers (a) On-site manager requirement Before obligating any defense nuclear non- proliferation funds for a project described in subsection (b), the Secretary of Energy shall ap- point one on-site manager for that project. The manager shall be appointed from among employ- ees of the Federal Government. (b) Projects covered Subsection (a) applies to a project— (1) to be located in a state of the former So- viet Union; (2) which involves dismantlement, destruc- tion, or storage facilities, or construction of a facility; and (3) with respect to which the total contribu- tion by the Department of Energy is expected to exceed $50,000,000. (c) Duties of on-site manager The on-site manager appointed under sub- section (a) shall— (1) develop, in cooperation with representa- tives from governments of countries partici- pating in the project, a list of those steps or activities critical to achieving the project’s disarmament or nonproliferation goals; (2) establish a schedule for completing those steps or activities; (3) meet with all participants to seek assur- ances that those steps or activities are being completed on schedule; and

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6003 — International cooperation

**(a) Cuban trading partners** The President should 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 this chapter. **(b) Sanctions against countries assisting Cuba** (1) **Sanctions** — The President may apply the following sanctions to any country that provides assistance to Cuba: (A) The government of such country shall not be eligible for assistance under the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.] or assistance or sales under the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.]. (B) Such country shall not be eligible, under any program, for forgiveness or reduction of debt owed to the United States Government. (2) **“Assistance to Cuba” defined** — For purposes of paragraph (1), the term “assistance to Cuba”— (A) means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba; (B) includes an exchange, reduction, or forgiveness of Cuban debt owed to a foreign country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including the government of any political subdivision of Cuba, a

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6003 — International cooperation

Page 1736 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6003 (2) to seek the cooperation of other demo- cratic countries in this policy; (3) to make clear to other countries that, in determining its relations with them, the United States will take into account their willingness to cooperate in such a policy; (4) to seek the speedy termination of any re- maining military or technical assistance, sub- sidies, or other forms of assistance to the Gov- ernment of Cuba from any of the independent states of the former Soviet Union; (5) to continue vigorously to oppose the human rights violations of the Castro regime; (6) to maintain sanctions on the Castro re- gime so long as it continues to refuse to move toward democratization and greater respect for human rights; (7) to be prepared to reduce the sanctions in carefully calibrated ways in response to posi- tive developments in Cuba; (8) to encourage free and fair elections to de- termine Cuba’s political future; (9) to request the speedy termination of any military or technical assistance, subsidies, or other forms of assistance to the Government of Cuba from the government of any other country; and (10) to initiate immediately the development of a comprehensive United States policy to- ward Cuba in a post-Castro era. (Pub. L. 102–484, div. A, title XVII, § 1703, Oct. 23, 1992, 106 Stat. 2576.) § 6003. International cooperation (a) Cuban trading partners The President should encourage the govern- ments of countries that conduct trade with Cuba to restrict their trade and credit relations with Cuba in a manner consistent with the purposes of this chapter. (b) Sanctions against countries assisting Cuba (1) Sanctions The President may apply the following sanc- tions to any country that provides ass

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6031 — 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 Government and the countries of the former Soviet 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 deteriorated 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 abundantly clear that it will not engage in any substantive political reforms that would lead to democracy, a market economy, or an economic recovery. (4) The repression of the Cuban people, including a ban on free and fair democratic elections, and continuing violations of fundamental 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 regime 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 escape from Cuba to freedom. (7) Radio Marti and Television Marti have both been effective vehicles for providing the

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