1. U.S. Code
  2. title 22
  3. chapter 69A
  4. subchapter I
  5. § 6038

Collapse to view only § 6038. Reports on commerce with, and assistance to, Cuba from other foreign countries

§ 6031. Statement of policyIt is the sense of the Congress that—
(1) the acts of the Castro government, including its massive, systematic, and extraordinary 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 propose 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 Nations, employing efforts similar to consultations conducted by United States representatives with respect to Haiti;
(3) any resumption of efforts by any independent state of the former Soviet Union to make operational any nuclear facilities in Cuba, and any continuation of intelligence activities 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 security posed by the operation of any nuclear facility, and the Castro government’s continuing blackmail to unleash another wave of Cuban refugees fleeing from Castro’s oppression, most of whom find their way to United States shores, further depleting limited humanitarian and other resources of the United States, the President should do all in his power to make it clear to the Cuban Government 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.)

CITE AS: 22 USC 6031

§ 6032. Enforcement of economic embargo of Cuba
(a) Policy
(1) Restrictions by other countries
(2) Sanctions on other countries
(b) Diplomatic efforts
(c) Existing regulations
(d) Omitted
(e) Denial of visas to certain Cuban nationals
(f), (g) Omitted
(h) Codification of economic embargo
(Pub. L. 104–114, title I, § 102, Mar. 12, 1996, 110 Stat. 792.)

CITE AS: 22 USC 6032

§ 6033. Prohibition against indirect financing of Cuba
(a) Prohibition
(b) Suspension and termination of prohibition
(1) Suspension
(2) Termination
(c) Penalties
(d) Definitions
As used in this section—
(1) the term “permanent resident alien” means an alien lawfully admitted for permanent residence into the United States; and
(2) the term “United States agency” has the meaning given the term “agency” in section 551(1) of title 5.
(Pub. L. 104–114, title I, § 103, Mar. 12, 1996, 110 Stat. 794.)

CITE AS: 22 USC 6033

§ 6034. United States opposition to Cuban membership in international financial institutions
(a) Continued opposition to Cuban membership in international financial institutions
(1) In general
(2) Transition government
Once the President submits a determination under section 6063(c)(1) of this title that a transition government in Cuba is in power—
(A) the President is encouraged to take steps to support the processing of Cuba’s application for membership in any international financial institution, subject to the membership taking effect after a democratically elected government in Cuba is in power, and
(B) the Secretary of the Treasury is authorized to instruct the United States executive director of each international financial institution to support loans or other assistance to Cuba only to the extent that such loans or assistance contribute to a stable foundation for a democratically elected government in Cuba.
(b) Reduction in United States payments to international financial institutions
If any international financial institution approves a loan or other assistance to the Cuban Government over the opposition of the United States, then the Secretary of the Treasury shall withhold from payment to such institution an amount equal to the amount of the loan or other assistance, with respect to either of the following types of payment:
(1) The paid-in portion of the increase in capital stock of the institution.
(2) The callable portion of the increase in capital stock of the institution.
(c) “International financial institution” defined
(Pub. L. 104–114, title I, § 104, Mar. 12, 1996, 110 Stat. 794.)

CITE AS: 22 USC 6034

§ 6035. United States opposition to termination of suspension of Cuban Government from participation in Organization of American States

The President should instruct the United States Permanent Representative to the Organization of American States to oppose and vote against any termination of the suspension of the Cuban Government from participation in the Organization until the President determines under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power.

(Pub. L. 104–114, title I, § 105, Mar. 12, 1996, 110 Stat. 795.)

CITE AS: 22 USC 6035

§ 6036. Assistance by independent states of former Soviet Union for Cuban Government
(a) Reporting requirement
(b), (c) Omitted
(d) Facilities at Lourdes, Cuba
(1) Disapproval of credits
(2) Omitted
(Pub. L. 104–114, title I, § 106, Mar. 12, 1996, 110 Stat. 795.)

CITE AS: 22 USC 6036

§ 6037. Television broadcasting to Cuba
(a) Conversion to UHF
(b) Periodic reports
(c) Termination of broadcasting authorities
(Pub. L. 104–114, title I, § 107, Mar. 12, 1996, 110 Stat. 798; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(r), Oct. 21, 1998, 112 Stat. 2681–790.)

CITE AS: 22 USC 6037

§ 6038. Reports on commerce with, and assistance to, Cuba from other foreign countries
(a) Reports required
(b) Contents of reportsEach report required by subsection (a) shall, for the period covered by the report, contain the following, to the extent such information is available:
(1) A description of all bilateral assistance provided to Cuba by other foreign countries, including humanitarian assistance.
(2) A description of Cuba’s commerce with foreign countries, including an identification of Cuba’s trading partners and the extent of such trade.
(3) A description of the joint ventures completed, or under consideration, by foreign nationals and business firms involving facilities in Cuba, including an identification of the location of the facilities involved and a description of the terms of agreement of the joint ventures and the names of the parties that are involved.
(4) A determination as to whether or not any of the facilities described in paragraph (3) is the subject of a claim against Cuba by a United States national.
(5) A determination of the amount of debt of the Cuban Government that is owed to each foreign country, including—
(A) the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Cuba involving foreign nationals; and
(B) the amount of debt owed the foreign country that has been exchanged, forgiven, or reduced in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national.
(6) A description of the steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Cuba involving foreign nationals do not enter the United States market, either directly or through third countries or parties.
(7) An identification of countries that purchase, or have purchased, arms or military supplies from Cuba or that otherwise have entered into agreements with Cuba that have a military application, including—
(A) a description of the military supplies, equipment, or other material sold, bartered, or exchanged between Cuba and such countries,
(B) a listing of the goods, services, credits, or other consideration received by Cuba in exchange for military supplies, equipment, or material, and
(C) the terms or conditions of any such agreement.
(Pub. L. 104–114, title I, § 108, Mar. 12, 1996, 110 Stat. 798.)

CITE AS: 22 USC 6038

§ 6039. Authorization of support for democratic and human rights groups and international observers
(a) Authorization
Notwithstanding any other provision of law (including section 6032 of this title), except for section 2394–1 of this title and comparable notification requirements contained in any Act making appropriations for foreign operations, export financing, and related programs, the President is authorized to furnish assistance and provide other support for individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba, including the following:
(1) Published and informational matter, such as books, videos, and cassettes, on transitions to democracy, human rights, and market economies, to be made available to independent democratic groups in Cuba.
(2) Humanitarian assistance to victims of political repression, and their families.
(3) Support for democratic and human rights groups in Cuba.
(4) Support for visits and permanent deployment of independent international human rights monitors in Cuba.
(b) OAS emergency fund
(1) For support of human rights and elections
(2) Action of other member states
(3) Voluntary contributions for fund
(c) Denial of funds to Cuban Government
(Pub. L. 104–114, title I, § 109, Mar. 12, 1996, 110 Stat. 799.)

CITE AS: 22 USC 6039

§ 6040. Importation safeguard against certain Cuban products
(a) Prohibition on import of and dealings in Cuban products
The Congress notes that section 515.204 of title 31, Code of Federal Regulations, prohibits the entry of, and dealings outside the United States in, merchandise that—
(1) is of Cuban origin;
(2) is or has been located in or transported from or through Cuba; or
(3) is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba.
(b) Effect of NAFTA
The Congress notes that United States accession to the North American Free Trade Agreement does not modify or alter the United States sanctions against Cuba. The statement of administrative action accompanying that trade agreement specifically states the following:
(1) “The NAFTA rules of origin will not in any way diminish the Cuban sanctions program. … Nothing in the NAFTA would operate to override this prohibition.”.
(2) “Article 309(3) [of the NAFTA] permits the United States to ensure that Cuban products or goods made from Cuban materials are not imported into the United States from Mexico or Canada and that United States products are not exported to Cuba through those countries.”.
(c) Restriction of sugar imports
(d) Assurances regarding sugar products
(Pub. L. 104–114, title I, § 110, Mar. 12, 1996, 110 Stat. 800.)

CITE AS: 22 USC 6040

§ 6041. Withholding of foreign assistance from countries supporting Juragua nuclear plant in Cuba
(a) FindingsThe Congress makes the following findings:
(1) President Clinton stated in April 1993 that the United States opposed the construction of the Juragua nuclear power plant because of the concerns of the United States about Cuba’s ability to ensure the safe operation of the facility and because of Cuba’s refusal to sign the Nuclear Non-Proliferation Treaty or ratify the Treaty of Tlatelolco.
(2) Cuba has not signed the Treaty on the Non-Proliferation of Nuclear Weapons or ratified the Treaty of Tlatelolco, the latter of which establishes Latin America and the Caribbean as a nuclear weapons-free zone.
(3) The State Department, the Nuclear Regulatory Commission, and the Department of Energy have expressed concerns about the construction and operation of Cuba’s nuclear reactors.
(4) In a September 1992 report to the Congress, the General Accounting Office outlined concerns among nuclear energy experts about deficiencies in the nuclear plant project in Juragua, near Cienfuegos, Cuba, including—
(A) a lack in Cuba of a nuclear regulatory structure;
(B) the absence in Cuba of an adequate infrastructure to ensure the plant’s safe operation and requisite maintenance;
(C) the inadequacy of training of plant operators;
(D) reports by a former technician from Cuba who, by examining with x-rays weld sites believed to be part of the auxiliary plumbing system for the plant, found that 10 to 15 percent of those sites were defective;
(E) since September 5, 1992, when construction on the plant was halted, the prolonged exposure to the elements, including corrosive salt water vapor, of the primary reactor components; and
(F) the possible inadequacy of the upper portion of the reactors’ dome retention capability to withstand only 7 pounds of pressure per square inch, given that normal atmospheric pressure is 32 pounds per square inch and United States reactors are designed to accommodate pressures of 50 pounds per square inch.
(5) The United States Geological Survey claims that it had difficulty determining answers to specific questions regarding earthquake activity in the area near Cienfuegos because the Cuban Government was not forthcoming with information.
(6) The Geological Survey has indicated that the Caribbean plate, a geological formation near the south coast of Cuba, may pose seismic risks to Cuba and the site of the power plant, and may produce large to moderate earthquakes.
(7) On May 25, 1992, the Caribbean plate produced an earthquake numbering 7.0 on the Richter scale.
(8) According to a study by the National Oceanic and Atmospheric Administration, summer winds could carry radioactive pollutants from a nuclear accident at the power plant throughout all of Florida and parts of the States on the coast of the Gulf of Mexico as far as Texas, and northern winds could carry the pollutants as far northeast as Virginia and Washington, D.C.
(9) The Cuban Government, under dictator Fidel Castro, in 1962 advocated the Soviets’ launching of nuclear missiles to the United States, which represented a direct and dangerous provocation of the United States and brought the world to the brink of a nuclear conflict.
(10) Fidel Castro over the years has consistently issued threats against the United States Government, most recently that he would unleash another perilous mass migration from Cuba upon the enactment of this chapter.
(11) Despite the various concerns about the plant’s safety and operational problems, a feasibility study is being conducted that would establish a support group to include Russia, Cuba, and third countries with the objective of completing and operating the plant.
(b) Withholding of foreign assistance
(1) In general
(2) ExceptionsThe requirement of paragraph (1) to withhold assistance shall not apply with respect to—
(A) assistance to meet urgent humanitarian needs, including disaster and refugee relief;
(B) democratic political reform or rule of law activities;
(C) the creation of private sector or nongovernmental organizations that are independent of government control;
(D) the development of a free market economic system;
(E) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103–160) [22 U.S.C. 5951 et seq.]; or
(F) assistance under the secondary school exchange program administered by the United States Information Agency.
(3) “Assistance” defined
(Pub. L. 104–114, title I, § 111, Mar. 12, 1996, 110 Stat. 800; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(W), June 18, 2008, 122 Stat. 1820, 1821.)

CITE AS: 22 USC 6041

§ 6042. Reinstitution of family remittances and travel to Cuba
It is the sense of the Congress that the President should—
(1)
(A) before considering the reinstitution of general licenses for family remittances to Cuba, insist that, prior to such reinstitution, the Cuban Government permit the unfettered operation of small businesses fully empowered with the right to hire others to whom they may pay wages and to buy materials necessary in the operation of the businesses, and with such other authority and freedom as are required to foster the operation of small businesses throughout Cuba; and
(B) if licenses described in subparagraph (A) are reinstituted, require a specific license for remittances described in subparagraph (A) in amounts of more than $500; and
(2) before considering the reinstitution of general licenses for travel to Cuba by individuals resident in the United States who are family members of Cuban nationals who are resident in Cuba, insist on such actions by the Cuban Government as abrogation of the sanction for departure from Cuba by refugees, release of political prisoners, recognition of the right of association, and other fundamental freedoms.
(Pub. L. 104–114, title I, § 112, Mar. 12, 1996, 110 Stat. 802.)

CITE AS: 22 USC 6042

§ 6043. Expulsion of criminals from Cuba

The President shall instruct all United States Government officials who engage in official contacts with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States all persons residing in Cuba who are sought by the United States Department of Justice for crimes committed in the United States.

(Pub. L. 104–114, title I, § 113, Mar. 12, 1996, 110 Stat. 803.)

CITE AS: 22 USC 6043

§ 6044. News bureaus in Cuba
(a) Establishment of news bureaus
The President is authorized to establish and implement an exchange of news bureaus between the United States and Cuba, if the exchange meets the following conditions:
(1) The exchange is fully reciprocal.
(2) The Cuban Government agrees not to interfere with the establishment of news bureaus or with the movement in Cuba of journalists of any United States-based news organizations, including Radio Marti and Television Marti.
(3) The Cuban Government agrees not to interfere with decisions of United States-based news organizations with respect to individuals assigned to work as journalists in their news bureaus in Cuba.
(4) The Department of the Treasury is able to ensure that only accredited journalists regularly employed with a news gathering organization travel to Cuba under this subsection.
(5) The Cuban Government agrees not to interfere with the transmission of telecommunications signals of news bureaus or with the distribution within Cuba of publications of any United States-based news organization that has a news bureau in Cuba.
(b) Assurance against espionage
(c) Fully reciprocal
(Pub. L. 104–114, title I, § 114, Mar. 12, 1996, 110 Stat. 803.)

CITE AS: 22 USC 6044

§ 6045. Effect of chapter on lawful United States Government activities

Nothing in this chapter prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency, or of an intelligence agency, of the United States.

(Pub. L. 104–114, title I, § 115, Mar. 12, 1996, 110 Stat. 803.)

CITE AS: 22 USC 6045

§ 6046. Condemnation of Cuban attack on American aircraft
(a) Findings
The Congress makes the following findings:
(1) Brothers to the Rescue is a Miami-based humanitarian organization engaged in searching for and aiding Cuban refugees in the Straits of Florida, and was engaged in such a mission on Saturday, February 24, 1996.
(2) The members of Brothers to the Rescue were flying unarmed and defenseless planes in a mission identical to hundreds they have flown since 1991 and posed no threat whatsoever to the Cuban Government, the Cuban military, or the Cuban people.
(3) Statements by the Cuban Government that Brothers to the Rescue has engaged in covert operations, bombing campaigns, and commando operations against the Government of Cuba have no basis in fact.
(4) The Brothers to the Rescue aircraft notified air traffic controllers as to their flight plans, which would take them south of the 24th parallel and close to Cuban airspace.
(5) International law provides a nation with airspace over the 12-mile territorial sea.
(6) The response of Fidel Castro’s dictatorship to Saturday’s afternoon flight was to scramble 2 fighter jets from a Havana airfield.
(7) At approximately 3:24 p.m., the pilot of one of the Cuban MiGs received permission and proceeded to shoot down one Brothers to the Rescue airplane more than 6 miles north of the Cuban exclusion zone, or 18 miles from the Cuban coast.
(8) Approximately 7 minutes later, the pilot of the Cuban fighter jet received permission and proceeded to shoot down the second Brothers to the Rescue airplane almost 18.5 miles north of the Cuban exclusion zone, or 30.5 miles from the Cuban coast.
(9) The Cuban dictatorship, if it truly felt threatened by the flight of these unarmed aircraft, could have and should have pursued other peaceful options as required by international law.
(10) The response chosen by Fidel Castro, the use of lethal force, was completely inappropriate to the situation presented to the Cuban Government, making such actions a blatant and barbaric violation of international law and tantamount to cold-blooded murder.
(11) There were no survivors of the attack on these aircraft, and the crew of a third aircraft managed to escape this criminal attack by Castro’s Air Force.
(12) The crew members of the destroyed planes, Pablo Morales, Carlos Costa, Mario de la Pena, and Armando Alejandre, were United States citizens from Miami flying with Brothers to the Rescue on a voluntary basis.
(13) It is incumbent upon the United States Government to protect the lives and livelihoods of United States citizens as well as the rights of free passage and humanitarian missions.
(14) This premeditated act took place after a week-long wave of repression by the Cuban Government against Concilio Cubano, an umbrella organization of human rights activists, dissidents, independent economists, and independent journalists, among others.
(15) The wave of repression against Concilio Cubano, whose membership is committed to peaceful democratic change in Cuba, included arrests, strip searches, house arrests, and in some cases sentences to more than 1 year in jail.
(b) Statements by Congress
(1) The Congress strongly condemns the act of terrorism by the Castro regime in shooting down the Brothers to the Rescue aircraft on February 24, 1996.
(2) The Congress extends its condolences to the families of Pablo Morales, Carlos Costa, Mario de la Pena, and Armando Alejandre, the victims of the attack.
(3) The Congress urges the President to seek, in the International Court of Justice, indictment for this act of terrorism by Fidel Castro.
(Pub. L. 104–114, title I, § 116, Mar. 12, 1996, 110 Stat. 803.)

CITE AS: 22 USC 6046