§ 6032. Enforcement of economic embargo of Cuba

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. 1996

   Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

   Pub. L. 104–114 title I § 102 · 110 Stat. 785

   Enacted · 22 U.S.C. § 6032

   (Pub. L. 104–114, title I, § 102, Mar. 12, 1996, 110 Stat. 792.)

   Source evidence

   Code source credit
   (Pub. L. 104–114, title I, § 102, Mar. 12, 1996, 110 Stat. 792.)

   Enacted provision · exact public law section
   SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA. (a) Policy.— (1) Restrictions by other countries.— The Congress hereby reaffirms section 1704(a) of the Cuban Democracy Act of 1992, which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba in a manner consistent with the purposes of that Act. (2) Sanctions on other countries— The Congress further urges the President to take immediate steps to apply the sanctions described in section 1704(b)(1) of that Act against countries assisting Cuba. (b) Diplomatic Efforts.— The Secretary of State should 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.— President. The President shall 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)), as added by Public Law 102–484, 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 direction of the Secretary of the Treasury, be forfeited to the United States Government. “(3) 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. “(4) 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) Conforming amendment; criminal forfeiture.— Section 16 of the Trading with the Enemy Act is further amended by striking subsection (b), as added by Public Law 102–393. (3) Clerical amendments.— Section 16 of the Trading with the Enemy Act is further amended— (A) by inserting “Sec. 16.” before “(a)”; and (B) in subsection (a) by striking “participants” and inserting “participates”. (e) Denial of Visas to Certain Cuban Nationals— It is the sense of the Congress that the President should instruct the Secretary of State and the Attorney General to enforce fully existing regulations to deny visas to Cuban nationals considered by the Secretary of State to be officers or employees of the Cuban Government or of the Communist Party of Cuba. (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’.”. (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.”. (h) Codification of Economic Embargo.— Effective date. The economic embargo of Cuba, as in effect on March 1, 1996, including all restrictions under part 515 of title 31, Code of Federal Regulations, shall be in effect upon the enactment of this Act, and shall remain in effect, subject to section 204 of this Act.

1 of 1 references resolved to an enrolled provision