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Pub.L. 104-115 To guarantee the continuing full investment of Social Security and other Federal funds in obligations of the United States. <> ...
[[Page 110 STAT. 785]]
Public Law 104-114
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. <<NOTE: Mar. 12, 1996 - [H.R. 927]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 22 USC 6021 note.>> Short Title.--This Act may be cited
as the ``Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
(b) Table of Contents.--The table of contents of this Act is as
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Severability.
TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
Sec. 101. Statement of policy.
Sec. 102. Enforcement of the economic embargo of Cuba.
Sec. 103. Prohibition against indirect financing of Cuba.
Sec. 104. United States opposition to Cuban membership in international
Sec. 105. United States opposition to termination of the suspension of
the Cuban Government from participation in the Organization
of American States.
Sec. 106. Assistance by the independent states of the former Soviet
Union for the Cuban Government.
Sec. 107. Television broadcasting to Cuba.
Sec. 108. Reports on commerce with, and assistance to, Cuba from other
Sec. 109. Authorization of support for democratic and human rights
groups and international observers.
Sec. 110. Importation safeguard against certain Cuban products.
Sec. 111. Withholding of foreign assistance from countries supporting
Juragua nuclear plant in Cuba.
Sec. 112. Reinstitution of family remittances and travel to Cuba.
Sec. 113. Expulsion of criminals from Cuba.
Sec. 114. News bureaus in Cuba.
Sec. 115. Effect of Act on lawful United States Government activities.
Sec. 116. Condemnation of Cuban attack on American aircraft.
TITLE II--ASSISTANCE TO 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. Coordination of assistance program; implementation and reports
to Congress; reprogramming.
Sec. 204. Termination of the economic embargo of Cuba.
Sec. 205. Requirements and factors for determining a transition
Sec. 206. Requirements for determining a democratically elected
[[Page 110 STAT. 786]]
Sec. 207. Settlement of outstanding United States claims to confiscated
property in Cuba.
TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
Sec. 301. Findings.
Sec. 302. Liability for trafficking in confiscated property claimed by
United States nationals.
Sec. 303. Proof of ownership of claims to confiscated property.
Sec. 304. Exclusivity of Foreign Claims Settlement Commission
Sec. 305. Limitation of actions.
Sec. 306. Effective date.
TITLE IV--EXCLUSION OF CERTAIN ALIENS
Sec. 401. Exclusion from the United States of aliens who have
confiscated property of United States nationals or who
traffic in such property.
SEC. 2. <<NOTE: 22 USC 6021.>> FINDINGS.
The Congress makes the following findings:
(1) The economy of Cuba has experienced a decline of at
least 60 percent in the last 5 years as a result of--
(A) the end of its subsidization by the former
Soviet Union of between 5 billion and 6 billion dollars
(B) 36 years of communist tyranny and economic
mismanagement by the Castro government;
(C) the extreme decline in trade between Cuba and
the countries of the former Soviet bloc; and
(D) the stated policy of the Russian Government and
the countries of the former Soviet bloc to conduct
economic relations with Cuba on strictly commercial
(2) At the same time, the welfare and health of the Cuban
people have substantially deteriorated as a result of this
economic decline and the refusal of the Castro regime to permit
free and fair democratic elections in Cuba.
(3) The Castro regime has made it abundantly clear that it
will not engage in any substantive political reforms that would
lead to democracy, a market economy, or an economic recovery.
(4) The repression of the Cuban people, including a ban on
free and fair democratic elections, and continuing violations of
fundamental human rights, have isolated the Cuban regime as the
only completely nondemocratic government in the Western
(5) As long as free elections are not held in Cuba, the
economic condition of the country and the welfare of the Cuban
people will not improve in any significant way.
(6) 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
(7) Radio Marti and Television Marti have both been
effective vehicles for providing the people of Cuba with news
and information and have helped to bolster the morale of the
people of Cuba living under tyranny.
(8) 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
sanctioning the totalitarian Castro regime.
[[Page 110 STAT. 787]]
(9) The United States has shown a deep commitment, and
considers it a moral obligation, to promote and protect human
rights and fundamental freedoms as expressed in the Charter of
the United Nations and in the Universal Declaration of Human
(10) The Congress has historically and consistently
manifested its solidarity and the solidarity of the American
people with the democratic aspirations of the Cuban people.
(11) The Cuban Democracy Act of 1992 calls upon the
President to 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 that Act.
(12) Amendments to the Foreign Assistance Act of 1961 made
by the FREEDOM Support Act require that the President, in
providing economic assistance to Russia and the emerging
Eurasian democracies, take into account the extent to which they
are acting to ``terminate support for the communist regime in
Cuba, including removal of troops, closing military facilities,
and ceasing trade subsidies and economic, nuclear, and other
(13) The Cuban Government engages in the illegal
international narcotics trade and harbors fugitives from justice
in the United States.
(14) The Castro government threatens international peace and
security by engaging in acts of armed subversion and terrorism
such as the training and supplying of groups dedicated to
(15) The Castro government has utilized from its inception
and continues to utilize torture in various forms (including by
psychiatry), as well as execution, exile, confiscation,
political imprisonment, and other forms of terror and
repression, as means of retaining power.
(16) <<NOTE: Fidel Castro.>> Fidel Castro has defined
democratic pluralism as ``pluralistic garbage'' and continues to
make clear that he has no intention of tolerating the
democratization of Cuban society.
(17) The Castro government holds innocent Cubans hostage in
Cuba by no fault of the hostages themselves solely because
relatives have escaped the country.
(18) Although a signatory state to the 1928 Inter-American
Convention on Asylum and the International Covenant on Civil and
Political Rights (which protects the right to leave one's own
country), Cuba nevertheless surrounds embassies in its capital
by armed forces to thwart the right of its citizens to seek
asylum and systematically denies that right to the Cuban people,
punishing them by imprisonment for seeking to leave the country
and killing them for attempting to do so (as demonstrated in the
case of the confirmed murder of over 40 men, women, and children
who were seeking to leave Cuba on July 13, 1994).
(19) The Castro government continues to utilize blackmail,
such as the immigration crisis with which it threatened the
United States in the summer of 1994, and other unacceptable and
illegal forms of conduct to influence the actions of sovereign
states in the Western Hemisphere in violation of the Charter of
the Organization of American States and other international
agreements and international law.
[[Page 110 STAT. 788]]
(20) The United Nations Commission on Human Rights has
repeatedly reported on the unacceptable human rights situation
in Cuba and has taken the extraordinary step of appointing a
(21) The Cuban Government has consistently refused access to
the Special Rapporteur and formally expressed its decision not
to ``implement so much as one comma'' of the United Nations
Resolutions appointing the Rapporteur.
(22) The United Nations General Assembly passed Resolution
47-139 on December 18, 1992, Resolution 48-142 on December 20,
1993, and Resolution 49-200 on December 23, 1994, referencing
the Special Rapporteur's reports to the United Nations and
condemning violations of human rights and fundamental freedoms
(23) Article 39 of Chapter VII of the United Nations Charter
provides that the United Nations Security Council ``shall
determine the existence of any threat to the peace, breach of
the peace, or act of aggression and shall make recommendations,
or decide what measures shall be taken . . ., to maintain or
restore international peace and security.''.
(24) The United Nations has determined that massive and
systematic violations of human rights may constitute a ``threat
to peace'' under Article 39 and has imposed sanctions due to
such violations of human rights in the cases of Rhodesia, South
Africa, Iraq, and the former Yugoslavia.
(25) In the case of Haiti, a neighbor of Cuba not as close
to the United States as Cuba, the United States led an effort to
obtain and did obtain a United Nations Security Council embargo
and blockade against that country due to the existence of a
military dictatorship in power less than 3 years.
(26) United Nations Security Council Resolution 940 of July
31, 1994, subsequently authorized the use of ``all necessary
means'' to restore the ``democratically elected government of
Haiti'', and the democratically elected government of Haiti was
restored to power on October 15, 1994.
(27) The Cuban people deserve to be assisted in a decisive
manner to end the tyranny that has oppressed them for 36 years,
and the continued failure to do so constitutes ethically
improper conduct by the international community.
(28) For the past 36 years, the Cuban Government has posed
and continues to pose a national security threat to the United
SEC. 3. <<NOTE: 22 USC 6022.>> 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
(2) to strengthen international sanctions against the Castro
(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 by the Castro government, and the political
manipulation by the Castro government of the desire of Cubans to
escape that results in mass migration to the United States;
[[Page 110 STAT. 789]]
(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 United States nationals against confiscatory
takings and the wrongful trafficking in property confiscated by
the Castro regime.
SEC. 4. <<NOTE: 22 USC 6023.>> DEFINITIONS.
As used in this Act, the following terms have the following
(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
(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.--As used in titles I and III, 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;
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