§ 6004. Support for Cuban people

Footnotes

1. 1 See References in Text note below.

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. 1992

   Cuban Democracy Act of 1992

   Pub. L. 102–484 div. A title XVII § 1705 · 106 Stat. 2315

   Enacted · 22 U.S.C. § 6004

   Pub. L. 102–484, div. A, title XVII, § 1705, Oct. 23, 1992, 106 Stat. 2577

   Source evidence

   Code source credit
   Pub. L. 102–484, div. A, title XVII, § 1705, Oct. 23, 1992, 106 Stat. 2577

   Enacted provision · exact public law section
   SEC. 1705. SUPPORT FOR THE CUBAN PEOPLE. (a) Provisions of Law Affected.— The provisions of this section apply notwithstanding any other provision of law, including section 620(a) of the Foreign Assistance Act of 1961, and notwithstanding the exercise of authorities, before the enactment of this Act, under section 5(b) of the Trading With the Enemy Act, the International Emergency Economic Powers Act, or the Export Administration Act of 1979. (b) Donations of Food.— Nothing in this or any other Act shall prohibit donations of food to nongovernmental organizations or individuals in Cuba. (c) Exports of Medicines and Medical Supplies.— Exports of medicines or medical supplies, instruments, or equipment to Cuba shall not be restricted— (1) except to the extent such restrictions would be permitted under section 5(m) of the Export Administration Act of 1979 or section 203(b)(2) of the International Emergency Economic Powers Act; (2) except in a case in which there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other human rights abuses; (3) except in a case in which there is a reasonable likelihood that the item to be exported will be reexported; and (4) except in a case in which the item to be exported could be used in the production of any biotechnological product. (d) Requirements for Certain Exports.— (1) Onsite verifications.— (A) Subject to subparagraph (B), an export may be made under subsection (c) only if the President determines that the United States Government is able to verify, by onsite inspections and other appropriate means, that the exported item is to be used for the purposes for which it was intended and only for the use and benefit of the Cuban people. (B) Subparagraph (A) does not apply to donations to non-governmental organizations in Cuba of medicines for humanitarian purposes. (2) Licenses.— Exports permitted under subsection (c) shall be made pursuant to specific licenses issued by the United States Government. (e) Telecommunications Services and Facilities.— (1) Telecommunications services.— Telecommunications services between the United States and Cuba shall be permitted. (2) Telecommunications facilities.— Telecommunications facilities are authorized in such quantity and of such quality as may be necessary to provide efficient and adequate telecommunications services between the United States and Cuba. (3) Licensing of payments to cuba.— (A) The President may provide for the issuance of licenses for the full or partial payment to Cuba of amounts due Cuba as a result of the provision of telecommunications services authorized by this subsection, in a manner that is consistent with the public interest and the purposes of this title, except that this paragraph shall not require any withdrawal from any account blocked pursuant to regulations issued under section 5(b) of the Trading With the Enemy Act. (B) If only partial payments are made to Cuba under subparagraph (A), the amounts withheld from Cuba shall be deposited in an account in a banking institution in the United States. Such account shall be blocked in the same manner as any other account containing funds in which Cuba has any interest, pursuant to regulations issued under section 5(b) of the Trading With the Enemy Act. (4) Authority of federal communications commission.— Nothing in this subsection shall be construed to supersede the authority of the Federal Communications Commission. (f) Direct Mail Delivery to Cuba.— The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter service providers. (g) Assistance To Support Democracy in Cuba.— The United States Government may provide assistance, through appropriate nongovernmental organizations, for the support of individuals and organizations to promote nonviolent democratic change in Cuba.

2. 1996

   Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

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

   Added · 22 U.S.C. § 6004(e)(5); 22 U.S.C. § 6004(e)(6)

   Pub. L. 104–114, § 102(g), added pars. (5) and (6)

   Source evidence

   Code amendment note
   Subsec. (e)(5), (6). Pub. L. 104–114, § 102(g), added pars. (5) and (6).

   Enacted provision · exact public law section
   (g) Telecommunications Services.— Section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended by adding at the end the following new paragraphs: “(5) Prohibition on investment in domestic telecommunications services.— Nothing in this subsection shall be construed to authorize the investment by any United States person in the domestic telecommunications network within Cuba. For purposes of this paragraph, an ‘investment’ in the domestic telecommunications network within Cuba includes the contribution (including by donation) of funds or anything of value to or for, and the making of loans to or for, such network. “(6) Reports to congress.— President. The President shall submit to the Congress on a semiannual basis a report detailing payments made to Cuba by any United States person as a result of the provision of telecommunications services authorized by this subsection.”.

2 of 2 references resolved to an enrolled provision