[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 927 Committee Discharged House (CDH)]
Union Calendar No. 122
104th CONGRESS
1st Session
H. R. 927
[Report No. 104-202, Part I]
_______________________________________________________________________
A BILL
To seek international sanctions against the Castro government in Cuba,
to plan for support of a transition government leading to a
democratically elected government in Cuba, and for other purposes.
_______________________________________________________________________
August 4, 1995
The Committees on Banking and Financial Services, the Judiciary, and
Ways and Means discharged; committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 122
104th CONGRESS
1st Session
H. R. 927
[Report No. 104-202, Part I]
To seek international sanctions against the Castro government in Cuba,
to plan for support of a transition government leading to a
democratically elected government in Cuba, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 1995
Mr. Burton of Indiana (for himself, Mr. Diaz-Balart, Ms. Ros-Lehtinen,
Mr. Torricelli, Mr. Menendez, Mr. DeLay, Mr. Ballenger, Mr. Solomon,
Mr. Goss, Mr. Smith of New Jersey, Mr. King, Mr. Ewing, Mr. Gallegly,
Mr. Deutsch, Mr. Hansen, Mr. Barton of Texas, Mr. Rohrabacher, Mr.
Funderburk, Mr. Sam Johnson of Texas, Mrs. Vucanovich, Mr. Petri, Mrs.
Meek of Florida, and Mr. Gilchrest) introduced the following bill;
which was referred to the Committee on International Relations, and in
addition to the Committees on Ways and Means, the Judiciary, and
Banking and Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
April 18, 1995
Additional sponsors: Mr. Engel, Mr. Knollenberg, Mr. Wilson, Mr. Foley,
and Mr. Bartlett of Maryland
July 24, 1995
Reported from the Committee on International Relations with an
amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
July 24, 1995
Referral to the Committees on Ways and Means, the Judiciary, and
Banking and Financial Services extended for a period ending not later
than August 4, 1995
August 4, 1995
Additional sponsors: Mr. McCollum, Mr. Royce, Mr. Dornan, Mr. Calvert,
Mr. Shaw, Mr. Gutierrez, Mr. Duncan, Mr. Salmon, Mr. Sanford, Mrs.
Thurman, Mr. Frelinghuysen, Mr. Kim, Mr. Chabot, Mr. Burr, Mr. Andrews,
and Mr. English of Pennsylvania
August 4, 1995
The Committees on Banking and Financial Services, the Judiciary, and
Ways and Means discharged; committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 14, 1995]
_______________________________________________________________________
A BILL
To seek international sanctions against the Castro government in Cuba,
to plan for support of a transition government leading to a
democratically elected government in Cuba, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1995''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I--SEEKING SANCTIONS AGAINST THE CASTRO GOVERNMENT
Sec. 101. Statement of policy.
Sec. 102. Enforcement of the economic embargo of Cuba.
Sec. 103. Prohibition against indirect financing of the Castro
dictatorship.
Sec. 104. United States opposition to Cuban membership in international
financial institutions.
Sec. 105. United States opposition to ending the suspension of the
Government of Cuba from the Organization of
American States.
Sec. 106. Assistance by the Independent States of the former Soviet
Union for the Cuban Government.
Sec. 107. Television broadcasting to Cuba.
Sec. 108. Reports on assistance and commerce received by Cuba from
other foreign countries.
Sec. 109. Importation safeguard against certain Cuban products.
Sec. 110. Authorization of support for democratic and human rights
groups and international observers.
Sec. 111. Withholding of foreign assistance from countries supporting
nuclear plant in Cuba.
Sec. 112. Expulsion of criminals from Cuba.
TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA
Sec. 201. Policy toward a transition government and a democratically
elected government in Cuba.
Sec. 202. Authorization of assistance for the Cuban people.
Sec. 203. Coordination of assistance program; implementation and
reports to Congress; reprogramming.
Sec. 204. Authorization of appropriations.
Sec. 205. Termination of the economic embargo of Cuba.
Sec. 206. Requirements for a transition government.
Sec. 207. Requirements for a democratically elected government.
TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
AGAINST CONFISCATORY TAKINGS BY THE CASTRO REGIME
Sec. 301. Statement of policy.
Sec. 302. Liability for trafficking in property confiscated from United
States nationals.
Sec. 303. Determination of claims to confiscated property.
Sec. 304. Exclusivity of Foreign Claims Settlement Commission
certification procedure.
TITLE IV--EXCLUSION OF CERTAIN ALIENS
Sec. 401. Exclusion from the United States of aliens who have
confiscated property of United States
nationals or who traffic in such property.
SEC. 2. 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 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 commitment, and
considers it a moral obligation, to promote and protect human
rights and fundamental freedoms as expressed in the Charter of
the United Nations and in the Universal Declaration of Human
Rights.
(10) The Congress has historically and consistently
manifested its solidarity and the solidarity of the American
people with the democratic aspirations of the Cuban people.
(11) The Cuban Democracy Act of 1992 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) The 1992 FREEDOM Support Act requires that the
President, in providing economic assistance to Russia and the
emerging Eurasian democracies, take into account the extent to
which they are acting to ``terminate support for the communist
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 harbors fugitives from
justice in the United States.
(14) The Castro government threatens international peace
and security by engaging in acts of armed subversion and
terrorism such as the training and supplying of groups
dedicated to international violence.
(15) The Castro government has utilized from its inception
and continues to utilize torture in various forms (including by
psychiatry), 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 pluralism as
``pluralistic garbage'' and continues to make clear that he has
no intention of tolerating the democratization of Cuban
society.
(17) The Castro government holds innocent Cubans hostage in
Cuba by no fault of the hostages 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 Political Rights (which protects the right to leave one's
own country), Cuba nevertheless surrounds 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 utilize 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 appointing a
Special Rapporteur.
(21) The Cuban Government has consistently refused access
to the Special Rapporteur and formally expressed its decision
not to ``implement so much as one comma'' of the United Nations
Resolutions appointing the Rapporteur.
(22) The United Nations General Assembly passed Resolution
1992/70 on December 4, 1992, Resolution 1993/48/142 on December
20, 1993, and Resolution 1994/49/544 on October 19, 1994,
referencing 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 Nations 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
embargo and blockade against that country due to the existence
of a military dictatorship in power less than 3 years.
(26) United Nations Security Council Resolution 940 of July
31, 1994, subsequently authorized the use of ``all necessary
means'' to restore the ``democratically elected government of
Haiti'', and the democratically elected government of Haiti was
restored to power on October 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 continued failure to do so constitutes ethically
improper conduct by the international community.
(28) For the past 36 years, the Cuban Government has posed
and continues to pose a national security threat to the United
States.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To assist the Cuban people in regaining their freedom
and prosperity, as well as in joining the community of
democracies that are flourishing in the Western Hemisphere.
(2) To seek international sanctions against the Castro
government in Cuba.
(3) To encourage the holding of free and fair democratic
elections in Cuba, conducted under the supervision of
internationally recognized observers.
(4) To develop a plan for furnishing assistance to a
transition government and, subsequently, to a democratically
elected government when such governments meet the eligibility
requirements of this Act.
(5) To protect property rights abroad of United States
nationals.
(6) To provide for the continued national security of the
United States in the face of continuing threats from the Castro
government of terrorism, theft of property from United States
nationals, and domestic repression from which refugees flee to
United States shores.
SEC. 4. DEFINITIONS.
As used in this Act, the following terms have the following
meanings:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.
(2) Commercial activity.--The term ``commercial activity''
has the meaning given that term in section 1603(d) of title 28,
United States Code.
(3) Confiscated.--As used in titles 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
returned or adequate and effective compensation
provided; or
(ii) without the claim to the property
having been settled pursuant to an
international claims settlement agreement or
other mutually accepted settlement procedure;
and
(B) the repudiation by the Cuban Government of, the
default by the Cuban Government on, or the failure by
the Cuban Government to pay, on or after January 1,
1959--
(i) a debt of any enterprise which has been
nationalized, expropriated, or otherwise 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 settlement
of a confiscated property claim.
(4) 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 Government of Cuba'' means an agency or
instrumentality of a foreign state as defined in section
1603(b) of title 28, United States Code, with ``Cuba''
substituted for ``a foreign state'' each place it appears in
such section.
(5) Democratically elected government in cuba.--The term
``democratically elected government in Cuba'' means a
government determined by the President to have met the
requirements of section 207.
(6) Economic embargo of cuba.--The term ``economic embargo
of Cuba'' refers to the economic embargo imposed against Cuba
pursuant to section 620(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading With the
Enemy Act (50 U.S.C. App. 5(b)), the International Emergency
Economic Powers Act (50 U.S.C. 1701 and following), and the
Export Administration Act of 1979 (50 U.S.C. App. 2401 and
following), as modified by the Cuban Democracy Act of 1992 (22
U.S.C. 6001 and following).
(7) 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, the Commonwealth of Puerto Rico, or any other
territory or possession of the United States.
(8) Knowingly.--The term ``knowingly'' means with knowledge
or having reason to know.
(9) Property.--(A) The term ``property'' means any property
(including patents, copyrights, trademarks, and any other form
of intellectual property), whether real, personal, or mixed,
and any present, future, or contingent right, security, or
other interest therein, including any leasehold interest.
(B) For purposes of title III of this Act, the term
``property'' shall not include real property used for
residential purposes unless, as of the date of the enactment of
this Act--
(i) the claim to the property is owned by a United
States national and the claim has been certified under
title V of the International Claims Settlement Act of
1949; or
(ii) the property is occupied by a member or
official of the Cuban Government or the ruling
political party in Cuba.
(10) Traffics.--(A) As used in title III, a person or
entity ``traffics'' in property if that person or entity
knowingly and intentionally--
(i) sells, transfers, distributes, dispenses,
brokers, manages, or otherwise disposes of confiscated
property, or purchases, leases, receives, possesses,
obtains control of, manages, uses, or otherwise
acquires or holds an interest in confiscated property,
(ii) engages in a commercial activity using or
otherwise benefiting from confiscated property, or
(iii) causes, directs, participates in, or profits
from, trafficking (as described in clauses (i) and
(ii)) by another person, or otherwise engages in
trafficking (as described in clauses (i) and (ii))
through another person,
without the authorization of the United States national who
holds a claim to the property.
(B) The term ``traffics'' does not include--
(i) the delivery of international telecommunication
signals to Cuba that are authorized by section 1705(e)
of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e));
or
(ii) the trading or holding of securities publicly
traded or held, unless the trading is with or by a
person determined by the Secretary of the Treasury to
be a specially designated national.
(11) Transition government in cuba.--The term ``transition
government in Cuba'' means a government determined by the
President to have met the requirements of section 206.
(12) United states national.--The term ``United States
national'' means--
(A) any United States citizen; or
(B) any other legal entity which is organized under
the laws of the United States, or of any State, the
District of Columbia, the Commonwealth of Puerto Rico,
or any other territory or possession of the United
States, and which has its principal place of business
in the United States.
TITLE I--SEEKING SANCTIONS AGAINST THE CASTRO GOVERNMENT
SEC. 101. STATEMENT OF POLICY.
It 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,
which is similar to measures taken by United States
representatives with respect to Haiti; and
(3) any resumption or commencement of efforts by any state
to make operational the nuclear facility at Cienfuegos, Cuba,
will have a detrimental impact on United States assistance to
and relations with that state.
SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.
(a) Policy.--(1) The Congress hereby reaffirms section 1704(a) of
the Cuban Democracy Act of 1992 that states the President should
encourage foreign countries to restrict trade and credit relations with
Cuba.
(2) The Congress further urges the President to take immediate
steps to apply the sanctions described in section 1704(b) of that Act
against countries assisting Cuba.
(b) Diplomatic Efforts.--The Secretary of State shall ensure that
United States diplomatic personnel abroad understand and, in their
contacts with foreign officials, 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 should instruct the
Secretary of the Treasury and the Attorney General to enforce fully the
Cuban Assets Control Regulations set forth in part 515 of title 31,
Code of Federal Regulations.
(d) Trading With the Enemy Act.--
(1) Civil penalties.--Subsection (b) of section 16 of the
Trading With the Enemy Act (50 U.S.C. App. 16(b)) is amended to
read as follows:
``(b)(1) A civil penalty of not to exceed $50,000 may be imposed by
the Secretary of the Treasury on any person who violates any license,
order, rule, or regulation issued in compliance with the provisions of
this Act.
``(2) Any property, funds, securities, papers, or other articles or
documents, or any vessel, together with its tackle, apparel, furniture,
and equipment, that is the subject of a violation under paragraph (1)
shall, at the discretion of the Secretary of the Treasury, be forfeited
to the United States Government.
``(3) The penalties provided under this subsection may not be
imposed for--
``(A) news gathering, research, or the export or import of,
or transmission of, information or informational materials; or
``(B) clearly defined educational or religious activities,
or activities of recognized human rights organizations, that
are reasonably limited in frequency, duration, and number of
participants.
``(4) The penalties provided under this subsection may be imposed
only on the record after opportunity for an agency hearing in
accordance with sections 554 through 557 of title 5, United States
Code, with the right to prehearing discovery.
``(5) Judicial review of any penalty imposed under this subsection
may be had to the extent provided in section 702 of title 5, United
States Code.''.
(2) Forfeiture of property used in violation.--Section 16
of the Trading With the Enemy Act is further amended by
striking subsection (c).
(3) Clerical amendment.--Section 16 of the Trading With the
Enemy Act is further amended by inserting ``Sec. 16.'' before
``(a)''.
(e) Coverage of Debt-for-Equity Swaps by Economic Embargo of
Cuba.--Section 1704(b)(2) of the Cuban Democracy Act of 1992 (22 U.S.C.
6003(b)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(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, and any agency or instrumentality of the
Government of Cuba) or of a Cuban national; and''; and
(4) by adding at the end the following flush sentence:
``As used in this paragraph, the term `agency or
instrumentality of the Government of Cuba' means an agency or
instrumentality of a foreign state as defined in section
1603(b) of title 28, United States Code, with `Cuba'
substituted for `a foreign state' each place it appears in such
section.''.
SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF THE CASTRO
DICTATORSHIP.
(a) Prohibition.--Notwithstanding any other provision of law, no
loan, credit, or other financing may be extended knowingly by a United
States national, permanent resident alien, or United States agency, to
a foreign national, United States national, or permanent resident
alien, in order to finance transactions involving any confiscated
property the claim to which is owned by a United States national as of
the date of the enactment of this Act.
(b) Termination of Prohibition.--The prohibition of subsection (a)
shall cease to apply on the date on which the economic embargo of Cuba
terminates under section 205.
(c) Penalties.--Violations of subsection (a) shall be punishable by
the same penalties as are applicable to violations of the Cuban Assets
Control Regulations set forth in part 515 of title 31, Code of Federal
Regulations.
(d) Definitions.--As used in this section--
(1) the term ``permanent resident alien'' means an alien
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, United States
Code.
SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN INTERNATIONAL
FINANCIAL INSTITUTIONS.
(a) Continued Opposition to Cuban Membership in International
Financial Institutions.--(1) Except as provided in paragraph (2), the
Secretary of the Treasury shall instruct the United States executive
director to each international financial institution to use the voice
and vote of the United States to oppose the admission of Cuba as a
member of that institution until the President submits a determination
under section 203(c)(3) that a democratically elected government in
Cuba is in power.
(2) Once the President submits a determination under section
203(c)(1) that a transition government in Cuba is in power, 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.
(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 that institution an amount equal to the amount of the
loan or other assistance to the Cuban Government, with respect to each
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) Definition.--For purposes of this section, the term
``international financial institution'' means the International
Monetary Fund, the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment Guaranty
Agency, and the Inter-American Development Bank.
SEC. 105. UNITED STATES OPPOSITION TO ENDING THE SUSPENSION OF THE
GOVERNMENT OF CUBA FROM THE ORGANIZATION OF AMERICAN
STATES.
The President should instruct the United States Permanent
Representative to the Organization of American States to use the voice
and vote of the United States to oppose ending the suspension of the
Government of Cuba from the Organization until the President determines
under section 203(c)(3) that a democratically elected government in
Cuba is in power.
SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION FOR THE CUBAN GOVERNMENT.
(a) Reporting Requirement.--Not later than 90 days after the date
of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report detailing progress
towards the withdrawal of personnel of any independent state of the
former Soviet Union (within the meaning of section 3 of the FREEDOM
Support Act (22 U.S.C. 5801)), including advisers, technicians, and
military personnel, from the Cienfuegos nuclear facility in Cuba.
(b) Criteria for Assistance.--Section 498A(a)(11) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a(a)(11)) is amended by striking
``of military facilities'' and inserting ``military and intelligence
facilities, including the military and intelligence facilities at
Lourdes and Cienfuegos''.
(c) Ineligibility for Assistance.--(1) Section 498A(b) of that Act
(22 U.S.C. 2295a(b)) is amended--
(A) by striking ``or'' at the end of paragraph (4);
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following:
``(5) for the government of any independent state effective
30 days after the President has determined and certified to the
appropriate congressional committees (and Congress has not
enacted legislation disapproving the determination within that
30-day period) that such government is providing assistance
for, or engaging in nonmarket based trade (as defined in
section 498B(k)(3)) with, the Cuban Government; or''.
(2) Subsection (k) of section 498B of that Act (22 U.S.C.
2295b(k)), is amended by adding at the end the following:
``(3) Nonmarket based trade.--As used in section
498A(b)(5), the term `nonmarket based trade' includes exports,
imports, exchanges, or other arrangements that are provided for
goods and services (including oil and other petroleum products)
on terms more favorable than those generally available in
applicable markets or for comparable commodities, including--
``(A) exports to the Cuban Government on terms that
involve a grant, concessional price, guaranty,
insurance, or subsidy;
``(B) imports from the Cuban Government at
preferential tariff rates;
``(C) exchange arrangements that include advance
delivery of commodities, arrangements in which the
Cuban Government is not held accountable for
unfulfilled exchange contracts, and arrangements under
which Cuba does not pay appropriate transportation,
insurance, or finance costs; and
``(D) the exchange, reduction, or forgiveness of
Cuban debt 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.
``(4) 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 Government of Cuba' means an agency or
instrumentality of a foreign state as defined in section
1603(b) of title 28, United States Code, with `Cuba'
substituted for `a foreign state' each place it appears in such
section.''.
(d) Facilities at Lourdes, Cuba.--(1) The Congress expresses its
strong disapproval of the extension by Russia of credits equivalent to
approximately $200,000,000 in support of the intelligence facility at
Lourdes, Cuba, in November 1994.
(2) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C.
2295a) is amended by adding at the end the following new subsection:
``(d) Reduction in Assistance for Support of Intelligence
Facilities in Cuba.--(1) Notwithstanding any other provision of law,
the President shall withhold from assistance provided, on or after the
date of the enactment of this subsection, for an independent state of
the former Soviet Union under this chapter an amount equal to the sum
of assistance and credits, if any, provided on or after such date by
such state in support of intelligence facilities in Cuba, including the
intelligence facility at Lourdes, Cuba.
``(2)(A) The President may waive the requirement of paragraph (1)
to withhold assistance if the President certifies to the appropriate
congressional committees that the provision of such assistance is
important to the national security of the United States, and, in the
case of such a certification made with respect to Russia, if the
President certifies that the Russian Government has assured the United
States Government that the Russian Government is not sharing
intelligence data collected at the Lourdes facility with officials or
agents of the Cuban Government.
``(B) At the time of a certification made with respect to Russia
pursuant to subparagraph (A), the President shall also submit to the
appropriate congressional committees a report describing the
intelligence activities of Russia in Cuba, including the purposes for
which the Lourdes facility is used by the Russian Government and the
extent to which the Russian Government provides payment or government
credits to the Cuban Government for the continued use of the Lourdes
facility.
``(C) The report required by subparagraph (B) may be submitted in
classified form.
``(D) For purposes of this paragraph, the term `appropriate
congressional committees' includes the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate.
``(3) The 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 and rule of law
activities;
``(C) technical assistance for safety upgrades of civilian
nuclear power plants;
``(D) the creation of private sector and nongovernmental
organizations that are independent of government control;
``(E) the development of a free market economic system; and
``(F) assistance for the purposes described in the
Cooperative Threat Reduction Act of 1993 (title XII of Public
Law 103-160).''.
SEC. 107. TELEVISION BROADCASTING TO CUBA.
(a) Conversion to UHF.--The Director of the United States
Information Agency shall implement a conversion of television
broadcasting to Cuba under the Television Marti Service to ultra high
frequency (UHF) broadcasting.
(b) Periodic Reports.--Not later than 45 days after the date of the
enactment of this Act, and every three months thereafter until the
conversion described in subsection (a) is fully implemented, the
Director of the United States Information Agency shall submit a report
to the appropriate congressional committees on the progress made in
carrying out subsection (a).
(c) Termination of Broadcasting Authorities.--Upon transmittal of a
determination under section 203(c)(3), the Television Broadcasting to
Cuba Act (22 U.S.C. 1465aa and following) and the Radio Broadcasting to
Cuba Act (22 U.S.C. 1465 and following) are repealed.
SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE RECEIVED BY CUBA FROM
OTHER FOREIGN COUNTRIES.
(a) Reports Required.--Not later than 90 days after the date of the
enactment of this Act, and every year thereafter, the President shall
submit a report to the appropriate congressional committees on
assistance and commerce received by Cuba from other foreign countries
during the preceding 12-month period.
(b) Contents of Reports.--Each report required by subsection (a)
shall, for the period covered by the report, contain the following, to
the extent such information is known:
(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 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 whether or not any of the facilities
described in paragraph (3) is the subject of a claim by a
United States national.
(5) A determination of the amount of Cuban debt 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 to the foreign country
that has been exchanged, reduced, or forgiven 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 ensure 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 the Cuban Government
or that otherwise have entered into agreements with the Cuban
Government that have a military application, including--
(A) a description of the military supplies,
equipment, or other materiel sold, bartered, or
exchanged between the Cuban Government and such
countries;
(B) a listing of the goods, services, credits, or
other consideration received by the Cuban Government in
exchange for military supplies, equipment, or materiel;
and
(C) the terms or conditions of any such agreement.
SEC. 109. IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN PRODUCTS.
(a) Statement of Policy.--
(1) The Congress reaffirms section 515.204 of title 31,
Code of Federal Regulations, that prohibits the importation of
and dealings in merchandise outside the United States that--
(A) is of Cuban origin,
(B) is or has been located in or transported from
or through Cuba, or
(C) is made or derived in whole or in part from any
article which is the growth, produce, or manufacture of
Cuba.
(2) The Congress reaffirms that United States accession to
the North American Free Trade Agreement does not modify or
alter the United States sanctions against Cuba, noting that the
statement of administrative action accompanying that trade
agreement specifically states the following:
(A) ``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.''.
(B) ``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.''.
(3) The Congress notes that section 902(c) the Food
Security Act of 1985 (Public Law 99-198) required the President
not to allocate any of the sugar import quota to a country that
is a net importer of sugar unless that country can verify to
the President that any imports of sugar produced in Cuba are
not reexported to the United States.
(4) Protection of essential security interests of the
United States requires enhanced assurances that sugar products
imported into the United States are not products of Cuba.
(b) In General.--(1) Notwithstanding any other provision of law, no
sugar or sugar product shall enter or be imported into the United
States unless the exporter of the sugar or sugar product to the United
States has certified, to the satisfaction of the Secretary of the
Treasury, that the sugar or sugar product is not a product of Cuba.
(2) If the exporter described in paragraph (1) is not the producer
of the sugar or sugar product, the exporter may certify the origin of
the sugar or sugar product on the basis of--
(A) its reasonable reliance on the producer's written
representations as to the origin of the sugar or sugar product;
or
(B) a certification of the origin of the sugar or sugar
product by its producer, that is voluntarily provided to the
exporter by the producer.
(c) Certification.--The Secretary of the Treasury shall prescribe
the form, content, and manner of submission of the certification
(including documentation) required in connection with the entry or
importation into the United States of sugar or sugar products, in order
to ensure the strict enforcement of this section. Such certification
shall be in a form sufficient to satisfy the Secretary that the
exporter has taken steps to ensure that it is not exporting to the
United States sugar or sugar products that are a product of Cuba.
(d) Penalties.--
(1) Unlawful acts.--It is unlawful to--
(A) enter or import into the United States any
product or article if such importation is prohibited
under subsection (b), or
(B) make a false certification under subsection
(c).
(2) Forfeiture.--Any person or entity that violates
paragraph (1) shall forfeit to the United States--
(A) in the case of a violation of paragraph (1)(A),
the goods imported or entered in violation of paragraph
(1)(A), and
(B) in the case of a violation of paragraph (1)(B),
the goods imported or entered pursuant to the false
certification that is the subject of the violation.
(3) Enforcement.--The Customs Service may exercise the
authorities it has under sections 581 through 641 of the Tariff
Act of 1930 (19 U.S.C. 1581 through 1641) in order to carry out
paragraph (2).
(e) Reports to Congress.--The Secretary of the Treasury shall
report to the Congress on any unlawful acts and penalties imposed under
subsection (d).
(f) Publication of Lists of Violators.--(1) The Secretary of the
Treasury shall publish in the Federal Register, not later than March 31
and September 30 of each year, a list containing the name of any person
or entity located outside the customs territory of the United States
whose acts result in a violation of paragraph (1)(A) of subsection (d)
or who violate paragraph (1)(B) of subsection (d).
(2) Any person or entity whose name has been included in a list
published under paragraph (1) may petition the Secretary to be removed
from such list. If the Secretary finds that such person or entity has
not committed any violations described in paragraph (1) for a period of
not less than 1 year after the date on which the name of the person or
entity was so published, the Secretary shall remove such person from
the list as of the next publication of the list under paragraph (1).
(g) Definitions.--For purposes of this section:
(1) Enter, import, etc.--The terms ``entry'', ``enter or be
imported'', ``import'', and ``importation'' into the United
States mean entered, or withdrawn from warehouse for
consumption, in the customs territory of the United States.
(2) Product of cuba.--The term ``product of Cuba'' means a
product that--
(A) is of Cuban origin,
(B) is or has been located in or transported from
or through Cuba, or
(C) is made or derived in whole or in part from any
article which is the growth, produce, or manufacture of
Cuba.
(3) Sugar, sugar product.--The terms ``sugar'' and ``sugar
product'' mean sugars, syrups, molasses, or products with sugar
content in excess of 35 percent.
SEC. 110. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS
GROUPS AND INTERNATIONAL OBSERVERS.
(a) Authorization.--Notwithstanding any other provision of law,
except for section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1) 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) The President shall take the necessary
steps to encourage the Organization of American States to create a
special emergency fund for the explicit purpose of deploying human
rights observers, election support, and election observation in Cuba.
(2) The President should instruct the United States Permanent
Representative to the Organization of American States to encourage
other member states of the Organization to join in calling for the
Cuban Government to allow the immediate deployment of independent human
rights monitors of the Organization throughout Cuba and on-site visits
to Cuba by the Inter-American Commission on Human Rights.
(3) Notwithstanding section 307 of the Foreign Assistance Act of
1961 (22 U.S.C. 2227) or any other provision of law limiting the United
States proportionate share of assistance to Cuba by any international
organization, the President should provide not less than $5,000,000 of
the voluntary contributions of the United States to the Organization of
American States as of the date of the enactment of this Act solely for
the purposes of the special fund referred to in paragraph (1).
SEC. 111. WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES SUPPORTING
NUCLEAR PLANT IN CUBA.
(a) Findings.--The Congress makes the following findings:
(1) President Clinton stated in April 1993 that ``the
United States opposes the construction of the Juragua nuclear
power plant because of our concerns 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 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
gulf coast 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 Act.
(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.--Notwithstanding any other provision of
law, the President shall withhold from assistance allocated, on
or after the date of the enactment of this Act, for any country
an amount equal to the sum of assistance and credits, if any,
provided on or after such date of enactment by that country or
any entity in that country in support of the completion of the
Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.
(2) Exceptions.--The 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 and rule of law
activities;
(C) the creation of private sector and
nongovernmental organizations that are independent of
government control;
(D) the development of a free market economic
system; and
(E) assistance for the purposes described in the
Cooperative Threat Reduction Act of 1993 (title XII of
Public Law 103-160).
(3) Definition.--As used in paragraph (1), the term
``assistance'' means assistance under the Foreign Assistance
Act of 1961, credits, sales, and guarantees of extensions of
credit under the Arms Export Control Act, assistance under
titles I and III of the Agricultural Trade Development and
Assistance Act of 1954, assistance under the FREEDOM Support
Act of 1992, and any other program of assistance or credits
provided by the United States to other countries under other
provisions of law, except that the term ``assistance'' does not
include humanitarian assistance, including disaster relief
assistance.
SEC. 112. EXPULSION OF CRIMINALS FROM CUBA.
The President shall instruct all United States Government officials
who engage in official conduct 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.
TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA
SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATICALLY
ELECTED GOVERNMENT IN CUBA.
The policy of the United States is as follows:
(1) To support the self-determination of the Cuban people.
(2) To recognize that the self-determination of the Cuban
people is a sovereign and national right of the citizens of
Cuba which must be exercised free of interference by the
government of any other country.
(3) To encourage the Cuban people to empower themselves
with a government which reflects the self-determination of the
Cuban people.
(4) To recognize the potential for a difficult transition
from the current regime in Cuba that may result from the
initiatives taken by the Cuban people for self-determination in
response to the intransigence of the Castro regime in not
allowing any substantive political or economic reforms, and to
be prepared to provide the Cuban people with humanitarian,
developmental, and other economic assistance.
(5) In solidarity with the Cuban people, to provide
appropriate forms of assistance--
(A) to a transition government in Cuba;
(B) to facilitate the rapid movement from such a
transition government to a democratically elected
government in Cuba that results from an expression of
the self-determination of the Cuban people; and
(C) to support such a democratically elected
government.
(6) Through such assistance, to facilitate a peaceful
transition to representative democracy and a market economy in
Cuba and to consolidate democracy in Cuba.
(7) To deliver such assistance to the Cuban people only
through a transition government in Cuba, through a
democratically elected government in Cuba, through United
States Government organizations, or through United States,
international, or indigenous nongovernmental organizations.
(8) To encourage other countries and multilateral
organizations to provide similar assistance, and to work
cooperatively with such countries and organizations to
coordinate such assistance.
(9) To ensure that appropriate assistance is rapidly
provided and distributed to the people of Cuba upon the
institution of a transition government in Cuba.
(10) Not to provide favorable treatment or influence on
behalf of any individual or entity in the selection by the
Cuban people of their future government.
(11) To assist a transition government in Cuba and a
democratically elected government in Cuba to prepare the Cuban
military forces for an appropriate role in a democracy.
(12) To be prepared to enter into negotiations with a
democratically elected government in Cuba either to return the
United States Naval Base at Guantanamo to Cuba or to
renegotiate the present agreement under mutually agreeable
terms.
(13) To consider the restoration of diplomatic recognition
and support the reintegration of the Cuban Government into
Inter-American organizations when the President determines that
there exists a democratically elected government in Cuba.
(14) To take steps to remove the economic embargo of Cuba
when the President determines that a transition to a
democratically elected government in Cuba has begun.
(15) To assist a democratically elected government in Cuba
to strengthen and stabilize its national currency.
(16) To pursue the extension of free trade arrangements to
a free, democratic, and independent Cuba or to seek the
creation of an economic community with a free, democratic, and
independent Cuba.
SEC. 202. AUTHORIZATION OF ASSISTANCE FOR THE CUBAN PEOPLE.
(a) Authorization.--
(1) In general.--The President shall develop a plan for
providing economic assistance to Cuba at such time as the
President determines that a transition government or a
democratically elected government in Cuba (as determined under
section 203(c)) is in power.
(2) Effect on other laws.--Assistance may be provided under
this section notwithstanding any other provision of law, except
for--
(A) this Act;
(B) section 620(a)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(a)(2)); and
(C) section 634A of the Foreign Assistance Act of
1961 (22 U.S.C. 2394-1) and comparable notification
requirements contained in any Act making appropriations
for foreign operations, export financing, and related
programs.
(b) Plan for Assistance.--
(1) Development of plan.--The President shall develop a
plan for providing assistance under this section--
(A) to Cuba when a transition government in Cuba is
in power; and
(B) to Cuba when a democratically elected
government in Cuba is in power.
(2) Types of assistance.--Assistance under the plan
developed under paragraph (1) shall include the following:
(A) Transition government.--(i) Except as provided
in clause (ii), assistance to Cuba under a transition
government shall be limited to--
(I) such food, medicine, medical supplies
and equipment, and assistance to meet emergency
energy needs, as is necessary to meet the basic
human needs of the Cuban people; and
(II) assistance described in subparagraph
(C).
(ii) Assistance to a transition government in Cuba
may include assistance for activities comparable to
those set forth in section 498 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295) (other than
paragraph (9) of such section).
(iii) Only after a transition government in Cuba is
in power, remittances by individuals to their relatives
of cash or goods, as well as freedom to travel to visit
them without any restrictions, shall be permitted.
(B) Democratically elected government.--Assistance
to a democratically elected government in Cuba shall
consist of additional economic assistance, together
with assistance described in subparagraph (C). Such
economic assistance may include--
(i) assistance under chapter 1 of part I
(relating to development assistance), and
chapter 4 of part II (relating to the economic
support fund), of the Foreign Assistance Act of
1961;
(ii) assistance under the Agricultural
Trade Development and Assistance Act of 1954;
(iii) financing, guarantees, and other
forms of assistance provided by the Export-
Import Bank of the United States;
(iv) financial support provided by the
Overseas Private Investment Corporation for
investment projects in Cuba;
(v) assistance provided by the Trade and
Development Agency;
(vi) Peace Corps programs;
(vii) relief of Cuba's external debt; and
(viii) other appropriate assistance to
carry out the policy of section 201.
(C) Military adjustment assistance.--Assistance to
a transition government in Cuba and to a democratically
elected government in Cuba shall also include
assistance in preparing the Cuban military forces to
adjust to an appropriate role in a democracy.
(c) Strategy for Distribution.--The plan developed under subsection
(b) shall include a strategy for distributing assistance under the
plan.
(d) Distribution.--Assistance under the plan developed under
subsection (b) shall be provided through United States Government
organizations and nongovernmental organizations and private and
voluntary organizations, whether within or outside the United States,
including humanitarian, educational, labor, and private sector
organizations.
(e) International Efforts.--The President shall take the necessary
steps--
(1) to seek to obtain the agreement of other countries and
of international financial institutions and multilateral
organizations to provide to a transition government in Cuba,
and to a democratically elected government in Cuba, assistance
comparable to that provided by the United States under this
Act; and
(2) to work with such countries, institutions, and
organizations to coordinate all such assistance programs.
(f) Caribbean Basin Initiative.--(1) The President shall determine,
as part of the assistance plan developed under subsection (b), whether
or not to designate Cuba as a beneficiary country under section 212 of
the Caribbean Basin Economic Recovery Act.
(2) Any designation of Cuba as a beneficiary country under section
212 of such Act may only be made after a democratically elected
government in Cuba is in power. Such designation may be made
notwithstanding any other provision of law.
(3) The table contained in section 212(b) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702(b)) is amended by inserting
``Cuba'' between ``Costa Rica'' and ``Dominica''.
(g) Trade Agreements and Investment.--The President, upon
transmittal to Congress of a determination under section 203(c)(3) that
a democratically elected government in Cuba is in power--
(1) shall take the necessary steps to extend
nondiscriminatory trade treatment (most-favored-nation
treatment) to the products of Cuba;
(2) shall take the necessary steps to enter into a
preliminary agreement with such government in Cuba providing
for extension of the North American Free Trade Agreement to a
free and independent Cuba or to seek the creation of an
economic community with a free, democratic, and independent
Cuba;
(3) is authorized to enter into negotiations with a
democratically elected government in Cuba to provide for the
extension of the North American Free Trade Agreement to Cuba or
to seek the creation of an economic community with a free,
democratic, and independent Cuba; and
(4) is authorized to take such other steps as will
encourage renewed investment in Cuba.
(h) Communication With the Cuban People.--The President shall take
the necessary steps to communicate to the Cuban people the plan for
assistance developed under this section.
(i) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a report describing in detail the
plan developed under this section.
SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND
REPORTS TO CONGRESS; REPROGRAMMING.
(a) Coordinating Official.--The President shall designate a
coordinating official who shall be responsible for--
(1) implementing the strategy for distributing assistance
described in section 202(b);
(2) ensuring the speedy and efficient distribution of such
assistance; and
(3) ensuring coordination among, and appropriate oversight
by, the agencies of the United States that provide assistance
described in section 202(b), including resolving any disputes
among such agencies.
(b) United States-Cuba Council.--Upon making a determination under
subsection (c)(3) that a democratically elected government in Cuba is
in power, the President, after consultation with the coordinating
official, is authorized to designate a United States-Cuba council--
(1) to ensure coordination between the United States
Government and the private sector in responding to change in
Cuba, and in promoting market-based development in Cuba; and
(2) to establish periodic meetings between representatives
of the United States and Cuban private sectors for the purpose
of facilitating bilateral trade.
(c) Implementation of Plan; Reports to Congress.--
(1) Implementation with respect to transition government.--
Upon making a determination that a transition government in
Cuba is in power, the President shall transmit that
determination to the appropriate congressional committees and
shall, subject to the availability of appropriations, commence
the delivery and distribution of assistance to such transition
government under the plan developed under section 202(b).
(2) Reports to congress.--(A) The President shall transmit
to the appropriate congressional committees a report setting
forth the strategy for providing assistance described in
section 202(b)(2) (A) and (C) to the transition government in
Cuba under the plan of assistance developed under section
202(b), the types of such assistance, and the extent to which
such assistance has been distributed in accordance with the
plan.
(B) The President shall transmit the report not later than
90 days after making the determination referred to in paragraph
(1), except that the President shall transmit the report in
preliminary form not later than 15 days after making that
determination.
(3) Implementation with respect to democratically elected
government.--The President shall, upon determining that a
democratically elected government in Cuba is in power, submit
that determination to the appropriate congressional committees
and shall, subject to the availability of appropriations,
commence the delivery and distribution of assistance to such
democratically elected government under the plan developed
under section 202(b).
(4) Annual reports to congress.--Not later than 60 days
after the end of each fiscal year, the President shall transmit
to the appropriate congressional committees a report on the
assistance provided under the plan developed under section
202(b), including a description of each type of assistance, the
amounts expended for such assistance, and a description of the
assistance to be provided under the plan in the current fiscal
year.
(d) Reprogramming.--Any changes in the assistance to be provided
under the plan developed under section 202(b) may not be made unless
the President notifies the appropriate congressional committees at
least 15 days in advance in accordance with the procedures applicable
to reprogramming notifications under section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1).
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President such sums
as may be necessary to carry out this title.
SEC. 205. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.
(a) Presidential Actions.--Upon submitting a determination to the
appropriate congressional committees under section 203(c)(1) that a
transition government in Cuba is in power, the President, after
consulting with the Congress, is authorized to take steps to suspend
the economic embargo of Cuba to the extent that such action contributes
to a stable foundation for a democratically elected government in Cuba.
(b) Suspension of Certain Provisions of Law.--In carrying out
subsection (a), the President may suspend the enforcement of--
(1) section 620(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(a));
(2) section 620(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(f)) with regard to the ``Republic of Cuba'';
(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy
Act (22 U.S.C. 6003, 6004(d), 6005);
(4) section 902(c) of the Food Security Act of 1985; and
(5) the prohibitions on transactions described in part 515
of title 31, Code of Federal Regulations.
(c) Additional Presidential Actions.--Upon submitting a
determination to the appropriate congressional committees under section
203(c)(3) that a democratically elected government in Cuba is in power,
the President shall take steps to terminate the economic embargo of
Cuba.
(d) Conforming Amendments.--On the date on which the President
submits a determination under section 203(c)(3)--
(1) section 620(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(a)) is repealed;
(2) section 620(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(f)) is amended by striking ``Republic of
Cuba'';
(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy
Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed;
and
(4) section 902(c) of the Food Security Act of 1985 is
repealed.
(e) Review of Suspension of Economic Embargo.--
(1) Review.--If the President takes action under subsection
(a) to suspend the economic embargo of Cuba, the President
shall immediately so notify the Congress. The President shall
report to the Congress no less frequently than every 6 months
thereafter, until he submits a determination under section
203(c)(3) that a democratically elected government in Cuba is
in power, on the progress being made by Cuba toward the
establishment of such a democratically elected government. The
action of the President under subsection (a) shall cease to be
effective upon the enactment of a joint resolution described in
paragraph (2).
(2) Joint resolutions.--For purposes of this subsection,
the term ``joint resolution'' means only a joint resolution of
the 2 Houses of Congress, the matter after the resolving clause
of which is as follows: ``That the Congress disapproves the
action of the President under section 205(a) of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 to
suspend the economic embargo of Cuba, notice of which was
submitted to the Congress on ____.'', with the blank space
being filled with the appropriate date.
(3) Referral to committees.--Joint resolutions introduced
in the House of Representatives shall be referred to the
Committee on International Relations and joint resolutions
introduced in the Senate shall be referred to the Committee on
Foreign Relations.
(4) Procedures.--(A) Any joint resolution shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and
enactment of joint resolutions, a motion to proceed to the
consideration of any joint resolution after it has been
reported by the appropriate committee shall be treated as
highly privileged in the House of Representatives.
(C) Not more than 1 joint resolution may be considered in
the House of Representatives and the Senate in the 6-month
period beginning on the date on which the President notifies
the Congress under paragraph (1) of the action taken under
subsection (a), and in each 6-month period thereafter.
SEC. 206. REQUIREMENTS FOR A TRANSITION GOVERNMENT.
For purposes of this Act, a transition government in Cuba is a
government in Cuba which--
(1) is demonstrably in transition from communist
totalitarian dictatorship to representative democracy;
(2) has recognized the right to independent political
activity and association;
(3) has released all political prisoners and allowed for
investigations of Cuban prisons by appropriate international
human rights organizations;
(4) has ceased any interference with Radio or Television
Marti broadcasts;
(5) makes public commitments to and is making demonstrable
progress in--
(A) establishing an independent judiciary;
(B) dissolving the present Department of State
Security in the Cuban Ministry of the Interior,
including the Committees for the Defense of the
Revolution and the Rapid Response Brigades;
(C) 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;
(D) effectively guaranteeing the rights of free
speech and freedom of the press;
(E) organizing free and fair elections for a new
government--
(i) to be held in a timely manner within a
period not to exceed 1 year after the
transition government assumes power;
(ii) with the participation of multiple
independent political parties that have full
access to the media on an equal basis,
including (in the case of radio, television, or
other telecommunications media) in terms of
allotments of time for such access and the
times of day such allotments are given; and
(iii) to be conducted under the supervision
of internationally recognized observers, such
as the Organization of American States, the
United Nations, and other elections monitors;
(F) assuring the right to private property;
(G) 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 citizens and
entities for such property;
(H) granting permits to privately owned
telecommunications and media companies to operate in
Cuba; and
(I) allowing the establishment of independent trade
unions as set forth in conventions 87 and 98 of the
International Labor Organization, and allowing the
establishment of independent social, economic, and
political associations;
(6) does not include Fidel Castro or Raul Castro;
(7) has given adequate assurances that it will allow the
speedy and efficient distribution of assistance to the Cuban
people;
(8) permits the deployment throughout Cuba of independent
and unfettered international human rights monitors; and
(9) 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.
SEC. 207. REQUIREMENTS FOR A DEMOCRATICALLY ELECTED GOVERNMENT.
For purposes of this Act, a democratically elected government in
Cuba, in addition to continuing to comply with the requirements of
section 206, is a government in Cuba which--
(1) results from free and fair elections conducted under
the supervision of internationally recognized observers;
(2) has permitted opposition parties ample time to organize
and campaign for such elections, and has permitted full access
to the media to all candidates in the elections;
(3) is showing respect for the basic civil liberties and
human rights of the citizens of Cuba;
(4) has made demonstrable progress in establishing an
independent judiciary;
(5) is substantially moving toward a market-oriented
economic system;
(6) is committed to making constitutional changes that
would ensure regular free and fair elections that meet the
requirements of paragraph (2); and
(7) has made demonstrable progress in returning 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 providing full compensation for such
property in accordance with international law standards and
practice.
TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
AGAINST CONFISCATORY TAKINGS BY THE CASTRO REGIME
SEC. 301. STATEMENT OF POLICY.
The Congress makes the following findings:
(1) The right of individuals to hold and enjoy property is
a fundamental right recognized by the United States
Constitution and international human rights law, including the
Universal Declaration of Human Rights.
(2) The illegal confiscation or taking of property by
governments, and the acquiescence of governments in the
confiscation of property by their citizens, undermines the
comity among nations, the free flow of commerce, and economic
development.
(3) It is in the interest of all nations to respect equally
the property rights of their citizens and nationals of other
countries.
(4) Nations that provide an effective mechanism for prompt,
adequate, and fair compensation for the confiscation of private
property will continue to have the support of the United
States.
(5) The United States Government has an obligation to its
citizens to provide protection against illegal confiscation by
foreign nations and their citizens, including the provision of
private remedies.
(6) Nations that illegally confiscate private property
should not be immune to another nation's laws whose purpose is
to protect against the confiscation of lawfully acquired
property by its citizens.
(7) Trafficking in illegally acquired property is a crime
under the laws of the United States and other nations, yet this
same activity is allowed under international law.
(8) International law, by not providing effective remedies,
condones the illegal confiscation of property and allows for
the unjust enrichment from the use of confiscated property by
governments and private entities at the expense of those who
hold legal claim to the property.
(9) The development of an international mechanism
sanctioning those governments and private entities that
confiscate and unjustly use private property so confiscated
should be a priority objective of United States foreign policy.
SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CONFISCATED FROM UNITED
STATES NATIONALS.
(a) Civil Remedy.--
(1) Liability for trafficking.--(A) Except as provided in
paragraphs (3) and (4), any person, including any agency or
instrumentality of a foreign state in the conduct of a
commercial activity, that, after the end of the 6-month period
beginning on the date of the enactment of this Act, traffics in
confiscated property shall be liable to any United States
national who owns the claim to such property for money damages
in an amount equal to the sum of--
(i) the amount which is the greater of--
(I) the amount, if any, certified to the
claimant by the Foreign Claims Settlement
Commission under the International Claims
Settlement Act of 1949, plus interest;
(II) the amount determined under section
303(a)(2), plus interest; or
(III) the fair market value of that
property, calculated as being the then current
value of the property, or the value of the
property when confiscated plus interest,
whichever is greater; and
(ii) reasonable costs and attorneys' fees.
(B) Interest under subparagraph (A)(i) shall be at the rate
set forth in section 1961 of title 28, United States Code,
computed by the court from the date of the confiscation of the
property involved to the date on which the action is brought
under this subsection.
(2) Presumption in favor of certified claims.--There shall
be a presumption that the amount for which a person, including
any agency or instrumentality of a foreign state in the conduct
of a commercial activity, is liable under clause (i) of
paragraph (1)(A) is the amount that is certified under
subclause (I) of that clause. The presumption shall be
rebuttable by clear and convincing evidence that the amount
described in subclause (II) or (III) of that clause is the
appropriate amount of liability under that clause.
(3) Increased liability for prior notice.--Except as
provided in paragraph (4), any person, including any agency or
instrumentality of a foreign state in the conduct of a
commercial activity, that traffics in confiscated property
after having received--
(A) notice of a claim to ownership of the property
by a United States national who owns a claim to the
confiscated property, and
(B) notice of the provisions of this section,
shall be liable to that United States national for money
damages in an amount which is the sum of the amount equal to
the amount determined under paragraph (1)(A)(ii) plus triple
the amount determined applicable under subclause (I), (II), or
(III) of paragraph (1)(A)(i).
(4) Applicability.--(A) Except as otherwise provided in
this paragraph, actions may be brought under paragraph (1) with
respect to property confiscated before, on, or after the date
of the enactment of this Act.
(B) In the case of property confiscated before the date of
the enactment of this Act, no United States national may bring
an action under this section unless such national acquired
ownership of the claim to the confiscated property before such
date.
(C) In the case of property confiscated on or after the
date of the enactment of this Act, no United States national
who acquired ownership of a claim to confiscated property by
assignment for value after such date of enactment may bring an
action on the claim under this section.
(5) Treatment of certain actions.--(A) In the case of any
action brought under this section by a United States national
who was eligible to file the underlying claim in the action
with the Foreign Claims Settlement Commission under title V of
the International Claims Settlement Act of 1949 but did not so
file the claim, the court may hear the case only if the court
determines that the United States national had good cause for
not filing the claim.
(B) In the case of any action brought under this section by
a United States national whose claim in the action was timely
filed with the Foreign Claims Settlement Commission under title
V of the International Claims Settlement Act of 1949 but was
denied by the Commission, the court may assess the basis for
the denial and may accept the findings of the Commission on the
claim as conclusive in the action under this section unless
good cause justifies another result.
(6) Inapplicability of act of state doctrine.--No court of
the United States shall decline, based upon the act of state
doctrine, to make a determination on the merits in an action
brought under paragraph (1).
(b) Definition.--As used in this subsection, the term ``agency or
instrumentality of a foreign state'' has the meaning given that term in
section 1603(b) of title 28, United States Code.
(c) Jurisdiction.--
(1) In general.--Chapter 85 of title 28, United States
Code, is amended by inserting after section 1331 the following
new section:
``Sec. 1331a. Civil actions involving confiscated property
``The district courts shall have exclusive jurisdiction of any
action brought under section 302 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1995, regardless of the amount in
controversy.''.
(2) Conforming amendment.--The table of sections for
chapter 85 of title 28, United States Code, is amended by
inserting after the item relating to section 1331 the
following:
``1331a. Civil actions involving confiscated property.''.
(d) Certain Property Immune From Execution.--Section 1611 of title
28, United States Code, is amended by adding at the end the following:
``(c) Notwithstanding the provisions of section 1610 of this
chapter, the property of a foreign state shall be immune from
attachment and from execution in an action brought under section 302 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 to
the extent the property is a facility or installation used by an
accredited diplomatic mission for official purposes.''.
(e) Election of Remedies.--
(1) Election.--Subject to paragraph (2)--
(A) any United States national that brings an
action under this section may not bring any other civil
action or proceeding under the common law, Federal law,
or the law of any of the several States, the District
of Columbia, or any territory or possession of the
United States, that seeks monetary or nonmonetary
compensation by reason of the same subject matter; and
(B) any person who brings, under the common law or
any provision of law other than this section, a civil
action or proceeding for monetary or nonmonetary
compensation arising out of a claim for which an action
would otherwise be cognizable under this section may
not bring an action under this section on that claim.
(2) Treatment of certified claimants.--In the case of any
United States national that brings an action under this section
based on a claim certified under title V of the International
Claims Settlement Act of 1949--
(A) if the recovery in the action is equal to or
greater than the amount of the certified claim, the
United States national may not receive payment on the
claim under any agreement entered into between the
United States and Cuba settling claims covered by such
title, and such national shall be deemed to have
discharged the United States from any further
responsibility to represent the United States national
with respect to that claim;
(B) if the recovery in the action is less than the
amount of the certified claim, the United States
national may receive payment under a claims agreement
described in subparagraph (A) but only to the extent of
the difference between the amount of the recovery and
the amount of the certified claim; and
(C) if there is no recovery in the action, the
United States national may receive payment on the
certified claim under a claims agreement described in
subparagraph (A) to the same extent as any certified
claimant who does not bring an action under this
section.
(f) Deposit of Excess Payments by Cuba Under Claims Agreement.--Any
amounts paid by Cuba under any agreement entered into between the
United States and Cuba settling certified claims under title V of the
International Claims Settlement Act of 1949 that are in excess of the
payments made on such certified claims after the application of
subsection (e) shall be deposited into the United States Treasury.
(g) Termination of Rights.--
(1) In general.--All rights created under this section to
bring an action for money damages with respect to property
confiscated before the date of the enactment of this Act shall
cease upon the transmittal to the Congress of a determination
of the President under section 203(c)(3).
(2) Pending suits.--The termination of rights under
paragraph (1) shall not affect suits commenced before the date
of such termination, and in all such suits, proceedings shall
be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this subsection had not
been enacted.
SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED PROPERTY.
(a) Evidence of Ownership.--
(1) Conclusiveness of certified claims.--In any action
brought under this title, the courts shall accept as conclusive
proof of ownership a certification of a claim to ownership that
has been made by the Foreign Claims Settlement Commission
pursuant to
title V of the International Claims Settlement Act of 1949 (22
U.S.C. 1643 and following).
(2) Claims not certified.--In the case of a claim that has
not been certified by the Foreign Claims Settlement Commission
before the enactment of this Act, a court may appoint a special
master, including the Foreign Claims Settlement Commission, to
make determinations regarding the amount and validity of claims
to ownership of confiscated property. Such determinations are
only for evidentiary purposes in civil actions brought under
this title and do not constitute certifications pursuant to
title V of the International Claims Settlement Act of 1949.
(3) Effect of determinations of foreign entities.--In
determining ownership, courts shall not accept as conclusive
evidence of ownership any findings, orders, judgments, or
decrees from administrative agencies or courts of foreign
countries or international organizations that invalidate the
claim held by a United States national, unless the invalidation
was found pursuant to binding international arbitration to
which United States national submitted the claim.
(b) Amendment of the International Claims Settlement Act of 1949.--
Title V of the International Claims Settlement Act of 1949 (22 U.S.C.
1643 and following) is amended by adding at the end the following new
section:
``evaluation of ownership claims referred by district courts of the
united states
``Sec. 514. Notwithstanding any other provision of this title and
only for purposes of section 302 of the Cuban Liberty and Solidarity
(LIBERTAD) Act, a United States district court, for fact-finding
purposes, may refer to the Commission, and the Commission may
determine, questions of the amount and ownership of a claim by a United
States national (as defined in section 4 of the Cuban Liberty and
Solidarity (LIBERTAD) Act) resulting from the confiscation of property
by the Government of Cuba described in section 503(a), whether or not
the United States national qualified as a national of the United States
(as defined in section 502(1)) at the time of the action by the
Government of Cuba.''.
(c) Rule of Construction.--Nothing in this Act or section 514 of
the International Claims Settlement Act of 1949, as added by subsection
(b), shall be construed--
(1) to require or otherwise authorize the claims of Cuban
nationals who became United States citizens after their
property was confiscated to be included in the claims certified
to the Secretary of State by the Foreign Claims Settlement
Commission for purposes of future negotiation and espousal of
claims with a friendly government in Cuba when diplomatic
relations are restored; or
(2) as superseding, amending, or otherwise altering
certifications that have been made pursuant to title V of the
International Claims Settlement Act of 1949 before the
enactment of this Act.
SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION
CERTIFICATION PROCEDURE.
Title V of the International Claims Settlement Act of 1949 (22
U.S.C. 1643 and following), as amended by section 303, is further
amended by adding at the end the following new section:
``exclusivity of foreign claims settlement commission certification
procedure
``Sec. 515. (a) Subject to subsection (b), neither any national of
the United States who was eligible to file a claim under section 503
but did not timely file such claim under that section, nor any national
of the United States (on the date of the enactment of this section) who
was not eligible to file a claim under that section, nor any national
of Cuba, including any agency, instrumentality, subdivision, or
enterprise of the Government of Cuba or any local government of Cuba in
place on the date of the enactment of this section, nor any successor
thereto, whether or not recognized by the United States, shall have a
claim to, participate in, or otherwise have an interest in, the
compensation proceeds or other nonmonetary compensation paid or
allocated to a national of the United States by virtue of a claim
certified by the Commission under section 507, nor shall any court of
the United States or any State court have jurisdiction to adjudicate
any such claim.
``(b) Nothing in subsection (a) shall be construed to detract from
or otherwise affect any rights in the shares of the capital stock of
nationals of the United States owning claims certified by the
Commission under section 507.''.
TITLE IV--EXCLUSION OF CERTAIN ALIENS
SEC. 401. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE
CONFISCATED PROPERTY OF UNITED STATES NATIONALS OR WHO
TRAFFIC IN SUCH PROPERTY.
(a) Grounds for Exclusion.--The Secretary of State, in consultation
with the Attorney General, shall exclude from the United States any
alien who the Secretary of State determines is a person who--
(1) has confiscated, or has directed or overseen the
confiscation of, property a claim to which is owned by a United
States national, or converts or has converted for personal gain
confiscated property, a claim to which is owned by a United
States national;
(2) traffics in confiscated property, a claim to which is
owned by a United States national;
(3) is a corporate officer, principal, or shareholder with
a controlling interest of an entity which has been involved in
the confiscation of property or trafficking in confiscated
property, a claim to which is owned by a United States
national; or
(4) is a spouse, minor child, or agent of a person
excludable under paragraph (1), (2), or (3).
(b) Definitions.--As used in this section, the following terms have
the following meanings:
(1) Confiscated; confiscation.--The terms ``confiscated''
and ``confiscation'' refer to--
(A) the nationalization, expropriation, or other
seizure by foreign governmental authority of ownership
or control of property on or after January 1, 1959--
(i) without the property having been
returned or adequate and effective compensation
provided; or
(ii) without the claim to the property
having been settled pursuant to an
international claims settlement agreement or
other mutually accepted settlement procedure;
and
(B) the repudiation by foreign governmental
authority of, the default by foreign governmental
authority on, or the failure by foreign governmental
authority to pay, on or after January 1, 1959--
(i) a debt of any enterprise which has been
nationalized, expropriated, or otherwise taken
by foreign governmental authority;
(ii) a debt which is a charge on property
nationalized, expropriated, or otherwise taken
by foreign governmental authority; or
(iii) a debt which was incurred by foreign
governmental authority in satisfaction or
settlement of a confiscated property claim.
(2) Property.--The term ``property'' does not include
claims arising from a territory in dispute as a result of war
between United Nations member states in which the ultimate
resolution of the disputed territory has not been resolved.
(3) Traffics.--(A) A person or entity ``traffics'' in
property if that person or entity knowingly and intentionally--
(i) sells, transfers, distributes, dispenses,
brokers, manages, or otherwise disposes of confiscated
property, or purchases, leases, receives, possesses,
obtains control of, manages, uses, or otherwise
acquires or holds an interest in confiscated property,
(ii) engages in a commercial activity using or
otherwise benefiting from confiscated property, or
(iii) causes, directs, participates in, or profits
from, trafficking (as described in clauses (i) and
(ii)) by another person, or otherwise engages in
trafficking (as described in clauses (i) and (ii))
through another person,
without the authorization of the United States national who
holds a claim to the property.
(B) The term ``traffics'' does not include-
(i) the delivery of international telecommunication
signals to Cuba that are authorized by section 1705(e)
of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e));
or
(ii) the trading or holding of securities publicly
traded or held, unless the trading is with or by a
person determined by the Secretary of the Treasury to
be a specially designated national.
(c) National Interest Exemption.--This section shall not apply
where the Secretary of State finds, on a case-by-case basis, that
making a determination under subsection (a) would be contrary to the
national interest of the United States.
(d) Effective Date.--
(1) In general.--This section applies to aliens seeking to
enter the United States on or after the date of the enactment
of this Act.
(2) Trafficking.--This section applies only with respect to
acts within the meaning of ``traffics'' that occur on or after
the date of the enactment of this Act.
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