Pub.L. 104-115 To guarantee the continuing full investment of Social Security and other Federal funds in obligations of the United States. <> ...

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                      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 of 
                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 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

[[Page 110 STAT. 790]]

        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''.
            (6) 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 206.
            (7) Economic embargo of cuba.--The term ``economic embargo 
        of Cuba'' refers to--
                    (A) the economic embargo (including all restrictions 
                on trade or transactions with, and travel to or from, 
                Cuba, and all restrictions on transactions in property 
                in which Cuba or nationals of Cuba have an interest) 
                that was 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 Cuban Democracy Act of 1992 
                (22 U.S.C. 6001 and following), or any other provision 
                of law; and
                    (B) the restrictions imposed by section 902(c) of 
                the Food Security Act of 1985.
            (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 any commonwealth, territory, or possession 
                of the United States.
            (9) Knowingly.--The term ``knowingly'' means with knowledge 
        or having reason to know.
            (10) 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 any 
        member of the Council of Ministers, Council of State, central 
        committee of the Communist Party of Cuba, or the Politburo of 
        Cuba, or their equivalents.
            (11) Person.--The term ``person'' means any person or 
        entity, including any agency or instrumentality of a foreign 
        state.
            (12) 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'' does 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 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.
            (13) Traffics.--(A) As used in title III, and except as 
        provided in subparagraph (B), a person ``traffics'' in 
        confiscated property if that person knowingly and 
        intentionally--

[[Page 110 STAT. 791]]

                    (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 clause (i) or (ii)) 
                by another person, or otherwise engages in trafficking 
                (as described in clause (i) or (ii)) through another 
                person,
        without the authorization of any 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;
                    (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;
                    (iii) transactions and uses of property incident to 
                lawful travel to Cuba, to the extent that such 
                transactions and uses of property are necessary to the 
                conduct of such travel; or
                    (iv) transactions and uses of property by a person 
                who is both a citizen of Cuba and a resident of Cuba, 
                and who is not an official of the Cuban Government or 
                the ruling political party in Cuba.
            (14) Transition government in cuba.--The term ``transition 
        government in Cuba'' means a government that the President 
        determines is a transition government consistent with the 
        requirements and factors set forth in section 205.
            (15) 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 any commonwealth, territory, or 
                possession of the United States, and which has its 
                principal place of business in the United States.

SEC. 5. <<NOTE: 22 USC 6024.>>  SEVERABILITY.

    If any provision of this Act or the amendments made by this Act or 
the application thereof to any person or circumstance is held invalid, 
the remainder of this Act, the amendments made by this Act, or the 
application thereof to other persons not similarly situated or to other 
circumstances shall not be affected by such invalidation.

   TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

SEC. 101. <<NOTE: 22 USC 6031.>>  STATEMENT OF POLICY.

    It is the sense of the Congress that--

[[Page 110 STAT. 792]]

            (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, 
        employing efforts similar to consultations conducted by United 
        States representatives with respect to Haiti;
            (3) any resumption of efforts by any independent state of 
        the former Soviet Union to make operational any nuclear 
        facilities in Cuba, and any continuation of intelligence 
        activities by such a state from Cuba that are targeted at the 
        United States and its citizens will have a detrimental impact on 
        United States assistance to such state; and
            (4) in view of the threat to the national security posed by 
        the operation of any nuclear facility, and the Castro 
        government's continuing blackmail to unleash another wave of 
        Cuban refugees fleeing from Castro's oppression, most of whom 
        find their way to United States shores, further depleting 
        limited humanitarian and other resources of the United States, 
        the President should do all in his power to make it clear to the 
        Cuban Government that--
                    (A) the completion and operation of any nuclear 
                power facility, or
                    (B) any further political manipulation of the desire 
                of Cubans to escape that results in mass migration to 
                the United States,
        will be considered an act of aggression which will be met with 
        an appropriate response in order to maintain the security of the 
        national borders of the United States and the health and safety 
        of the American people.

SEC. 102. <<NOTE: 22 USC 6032.>>  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) <<NOTE: President.>>  Existing Regulations.--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.--

[[Page 110 STAT. 793]]

            (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:

[[Page 110 STAT. 794]]

            ``(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) <<NOTE: President.>>  Reports to congress.--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) <<NOTE: Effective date.>>  Codification of Economic Embargo.--
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.

SEC. 103. <<NOTE: 22 USC 6033.>>  PROHIBITION AGAINST INDIRECT FINANCING 
            OF CUBA.

    (a) Prohibition.--Notwithstanding any other provision of law, no 
loan, credit, or other financing may be extended knowingly by a United 
States national, a permanent resident alien, or a United States agency 
to any person for the purpose of financing 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, except for 

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