| Home > 104th Congressional Bills > H.R. 927 (eh) 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. [Engrossed in House] ...
H.R. 927 (eh) 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. [Engrossed in House] ...
In the Senate of the United States, October 19 (legislative day, October 18), 1995. Resolved, That the bill from the House of Representatives (H.R. 927) entitled ``An Act 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'', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as ``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--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO GOVERNMENT Sec. 101. Statement of Policy. Sec. 102. Authorization of support for democratic and human rights groups and international observers. Sec. 103. Enforcement of the economic embargo of Cuba. Sec. 104. Prohibition against indirect financing of Cuba. Sec. 105. United States opposition to Cuban membership in international financial institutions. Sec. 106. United States opposition to termination of the suspension of the Government of Cuba from participation in the Organization of American States. Sec. 107. Assistance by the independent states of the former Soviet Union for the Government of Cuba. Sec. 108. Television broadcasting to Cuba. Sec. 109. Reports on commerce with, and assistance to, Cuba from other foreign countries. Sec. 110. Importation safeguard against certain Cuban products. Sec. 111. Reinstitution of family remittances and travel to Cuba. Sec. 112. News bureaus in Cuba. Sec. 113. Impact on lawful United States Government activities. TITLE II--SUPPORT FOR A FREE AND INDEPENDENT CUBA Sec. 201. Policy toward a transition government and a democratically elected government in Cuba. Sec. 202. Assistance for the Cuban people. Sec. 203. Implementation; reports to Congress. Sec. 204. Termination of the economic embargo of Cuba. Sec. 205. Requirements for a transition government. Sec. 206. Factors for determining a democratically elected government. Sec. 207. Settlement of outstanding United States claims to confiscated property in Cuba. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The economy of Cuba has experienced a decline of approximately 60 percent in the last 5 years as a result of-- (A) the reduction in subsidies from the former Soviet Union; (B) 36 years of Communist tyranny and economic mismanagement by the Castro government; (C) the precipitous decline in trade between Cuba and the countries of the former Soviet bloc; and (D) the policy of the Russian Government and the countries of the former Soviet bloc to conduct economic relations with Cuba predominantly on commercial terms. (2) At the same time, the welfare and health of the Cuban people have substantially deteriorated as a result of Cuba's economic decline and the refusal of the Castro regime to permit free and fair democratic elections in Cuba or to adopt any economic or political reforms that would lead to democracy, a market economy, or an economic recovery. (3) The repression of the Cuban people, including a ban on free and fair democratic elections and the continuing violation of fundamental human rights, has isolated the Cuban regime as the only nondemocratic government in the Western Hemisphere. (4) As long as no such economic or political reforms are adopted by the Cuban Government, the economic condition of the country and the welfare of the Cuban people will not improve in any significant way. (5) Fidel Castro has defined democratic pluralism as ``pluralistic garbage'' and has made clear that he has no intention of permitting free and fair democratic elections in Cuba or otherwise tolerating the democratization of Cuban society. (6) The Castro government, in an attempt to retain absolute political power, continues to utilize, as it has from its inception, torture in various forms (including psychiatric abuse), execution, exile, confiscation, political imprisonment, and other forms of terror and repression as most recently demonstrated by the massacre of more than 40 Cuban men, women, and children attempting to flee Cuba. (7) The Castro government holds hostage in Cuba innocent Cubans whose relatives have escaped the country. (8) The Castro government has threatened 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. (9) Over the past 36 years, the Cuban Government has posed a national security threat to the United States. (10) The completion and any operation of a nuclear-powered facility in Cuba, for energy generation or otherwise, poses an unacceptable threat to the national security of the United States. (11) The unleashing on United States shores of thousands of Cuban refugees fleeing Cuban oppression will be considered an act of aggression. (12) The Government of Cuba engages in illegal international narcotics trade and harbors fugitives from justice in the United States. (13) 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. (14) Attempts to escape from Cuba and courageous acts of defiance of the Castro regime by Cuban pro-democracy and human rights groups have ensured the international community's continued awareness of, and concern for, the plight of Cuba. (15) The Cuban people deserve to be assisted in a decisive manner in order to end the tyranny that has oppressed them for 36 years. (16) Radio Marti and Television Marti have been effective vehicles for providing the people of Cuba with news and information and have helped to bolster the morale of the Cubans living under tyranny. (17) 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 isolating the totalitarian Castro regime. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to assist the Cuban people in regaining their freedom and prosperity, as well as in joining the community of democratic countries that are flourishing in the Western Hemisphere; (2) to strengthen international sanctions against the Castro government; (3) 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 the political manipulation of the desire of Cubans to escape that results in mass migration to the United States; (4) to encourage the holding of free and fair democratic elections in Cuba, conducted under the supervision of internationally recognized observers; (5) to provide a policy framework for United States support to the Cuban people in response to the formation of a transition government or a democratically elected government in Cuba; and (6) to protect American nationals against confiscatory takings and the wrongful trafficking in property confiscated by the Castro regime. SEC. 4. DEFINITIONS. As used in this Act, the following terms have the following meanings: (1) Agency or instrumentality of a foreign state.--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, except as otherwise provided for in this Act under paragraph 4(5). (2) 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. (3) Commercial activity.--The term ``commercial activity'' has the meaning given that term in section 1603(d) of title 28, United States Code. (4) Confiscated.--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. (5) Cuban Government.--(A) The terms ``Cuban Government'' and ``Government of Cuba'' include 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'' is used within the meaning of section 1603(b) of title 28, United States Code. (6) Democratically elected government in cuba.--The term ``democratically elected government in Cuba'' means a government that the President has determined as being democratically elected, taking into account the factors listed in section 206. (7) 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), 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). (8) 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, or the Commonwealth of Puerto Rico, or any other territory or possession of the United States. (9) Official of the Cuban Government or the ruling political party in cuba.--The term ``official of the Cuban Government or the ruling political party in Cuba'' refers to members of the Council of Ministers, Council of State, central committee of the Cuban Communist Party, the Politburo, or their equivalents. (10) 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, at the time of enactment of this Act-- (i) the claim to the property is held 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 an official of the Cuban Government or the ruling political party in Cuba. (11) Transition government in cuba.--The term ``transition government in Cuba'' means a government that the President determines as being a transition government consistent with the requirements and factors listed in section 205. (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, or 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--STRENGTHENING INTERNATIONAL 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 Government of Cuba pursuant to chapter VII of the Charter of the United Nations, employing efforts similar to consultations conducted by United States representatives with respect to Haiti; (3) any resumption of efforts by an independent state of
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