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Title 22 — Foreign Relations and Intercourse

Chapter 69 — Cuban Democracy

§ 6003. International cooperation

Statutory text

(a)

Cuban trading partners

The President should encourage the governments of countries that conduct trade with Cuba to restrict their trade and credit relations with Cuba in a manner consistent with the purposes of this chapter.

(b)

Sanctions against countries assisting Cuba

(1)

Sanctions

The President may apply the following sanctions to any country that provides assistance to Cuba:

(A)

The government of such country shall not be eligible for assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or assistance or sales under the Arms Export Control Act [22 U.S.C. 2751 et seq.].

(B)

Such country shall not be eligible, under any program, for forgiveness or reduction of debt owed to the United States Government.

(2)

“Assistance to Cuba” defined

For purposes of paragraph (1), the term “assistance to Cuba”—

(A)

means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba;

(B)

includes an exchange, reduction, or forgiveness of Cuban debt owed to a foreign country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba) or of a Cuban national; and

(C)

does not include—

(i)

donations of food to nongovernmental organizations or individuals in Cuba, or

(ii)

exports of medicines or medical supplies, instruments, or equipment that would be permitted under section 6004(c) of this title.

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, with each reference in such section to “a foreign state” deemed to be a reference to “Cuba”.

(3)

Applicability of section

This section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President makes and reports to the Congress a determination under section 6007(a) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Cuban Democracy Act of 1992

    Pub. L. 102–484 div. A title XVII § 1704 · 106 Stat. 2315

    Enacted · 22 U.S.C. § 6003

    Pub. L. 102–484, div. A, title XVII, § 1704, Oct. 23, 1992, 106 Stat. 2576

    Source evidence

    Code source credit
    Pub. L. 102–484, div. A, title XVII, § 1704, Oct. 23, 1992, 106 Stat. 2576

    Enacted provision · exact public law section
    SEC. 1704. INTERNATIONAL COOPERATION. (a) Cuban Trading Partners.— The President should encourage the governments of countries that conduct trade with Cuba to restrict their trade and credit relations with Cuba in a manner consistent with the purposes of this title. (b) Sanctions Against Countries Assisting Cuba.— (1) Sanctions.— The President may apply the following sanctions to any country that provides assistance to Cuba: (A) The government of such country shall not be eligible for assistance under the Foreign Assistance Act of 1961 or assistance or sales under the Arms Export Control Act. (B) Such country shall not be eligible, under any program, for forgiveness or reduction of debt owed to the United States Government. (2) Definition of assistance.— For purposes of paragraph (1), the term “assistance to Cuba”— (A) means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba; and (B) does not include— (i) donations of food to nongovernmental organizations or individuals in Cuba, or (ii) exports of medicines or medical supplies, instruments, or equipment that would be permitted under section 1705(c). (3) Applicability of section.— This section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President makes and reports to the Congress a determination under section 1708(a).

  2. Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

    Pub. L. 104–114 § 102(f) · 110 Stat. 785

    1. Added · 22 U.S.C. § 6003(b)(2)

      Pub. L. 104–114, § 102(f), added subpar. (B)

    2. Redesignated · 22 U.S.C. § 6003(b)(2)

      Pub. L. 104–114, § 102(f), redesignated former subpar. (B) as (C)

    3. Inserted · 22 U.S.C. § 6003(b)(2)

      Pub. L. 104–114, § 102(f), inserted concluding provisions “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, with each reference in such section to ‘a foreign state’ deemed to be a reference to ‘Cuba’.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 104–114, § 102(f), added subpar. (B), redesignated former subpar. (B) as (C), and inserted concluding provisions “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, with each reference in such section to ‘a foreign state’ deemed to be a reference to ‘Cuba’.”

    Enacted provision · exact public law section
    (f) 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 each reference in such section to ‘a foreign state’ deemed to be a reference to ‘Cuba’.”.

4 of 4 references resolved to an enrolled provision

Notes

Repeal of Section

Pub. L. 104–114, title II, § 204(d)(3), , 110 Stat. 810, provided that on date on which President submits determination under section 6063(c)(3) of this title that democratically elected government in Cuba is in power, this section is repealed.

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (b)(1)(A), is Pub. L. 87–195, , 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (b)(1)(A), is Pub. L. 90–629, , 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

Amendments

1996—Subsec. (b)(2). Pub. L. 104–114, § 102(f), added subpar. (B), redesignated former subpar. (B) as (C), and inserted concluding provisions “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, with each reference in such section to ‘a foreign state’ deemed to be a reference to ‘Cuba’.”

Credits

1992–1996 · 2 acts
  1. 1992Pub. L. 102–484, div. A, title XVII, § 1704, , 106 Stat. 2576
  2. 1996Pub. L. 104–114, title I, § 102(f), , 110 Stat. 793.
Show as published

(Pub. L. 102–484, div. A, title XVII, § 1704, , 106 Stat. 2576; Pub. L. 104–114, title I, § 102(f), , 110 Stat. 793.)

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