Legislation on Foreign Relations Through ...

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933 Sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed secs. 618 and 619.

Foreign Assistance Act of 1961 (P.L. 87-195)

323

*20.934 Prohibitions Against Furnishing Assista)(1)936 No assistance shall be furnished under this Act 't government of Cuba.937 As an additional means of and carrying into effect the policy of the preceding

204 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 4; 110 Stat. 810; 22 U.S.C. 6064) provided the following:

Foreign Assistance Act of 1961 (PL 87 195)

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771

E ECONOMIC EMBARGO OF CUBA.

Upon submitting a determination to the appropriate congres3(c)(1) that a transition government in Cuba is in power, the he Congress, is authorized to take steps to suspend the econd the right of action created in section 302 with respect Cuban Government, to the extent that such steps conratically elected government in Cuba.

S OF LAW.-In carrying out subsection (a), the Presi

ance Act of 1961 (22 U.S.C. 2370(a));

nce Act of 1961 (22 U.S.C. 2370(f)) with respect

he Cuban Democracy Act of 1992 (22 U.S.C.

1985; and

escribed in part 515 of title 31, Code of Federal Reg

ACTIONS. Upon submitting a determination to the appropriate under section 203(c)(3) that a democratically elected government in

e President shall take steps to terminate the economic embargo of Cuba, rictions under part 515 of title 31, Code of Federal Regulations.

ORMING AMENDMENTS.-On the date on which the President submits a determinaer section 203(c)(3)—

"(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed; "(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)) is amended by striking "Republic of Cuba";

"(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed; and

"(4) section 902(c) of the Food Security Act of 1985 is repealed.

"(e) REVIEW OF SUSPENSION OF ECONOMIC EMBARGO.—

"(1) REVIEW.-If the President takes action under subsection (a) to suspend the economic embargo of Cuba, the President shall immediately so notify the Congress. The President shall report to the Congress no less frequently than every 6 months thereafter, until he submits a determination under section 203(c)(3) that a democratically elected government in Cuba is in power, on the progress being made by Cuba toward the establishment of such a democratically elected government. The action of the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution described in paragraph (2). "(2) JOINT RESOLUTIONS.-For purposes of this subsection, the term 'joint resolution' means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: That the Congress disapproves the action of the President under section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba, notice of which was submitted to the Congress on ', with the blank space being filled with the appropriate date.

"(3) REFERRAL TO COMMITTEES.-Joint resolutions introduced in the House of Representatives shall be referred to the Committee on International Relations and joint resolutions introduced in the Senate shall be referred to the Committee on Foreign Relations.

"(4) PROCEDURES. (A) Any joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

(B) For the purpose of expediting the consideration and enactment of joint resolutions, a motion to proceed to the consideration of any joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

"(C) Not more than 1 joint resolution may be considered in the House of Representatives and the Senate in the 6-month period beginning on the date on which the President notifies the Congress under paragraph (1) of the action taken under subsection (a), and in each 6month period thereafter.".

935 Sec. 301(d)(1) of the FA Act of 1965 (Public Law 89-171) struck out "Prohibitions Against Furnishing Assistance to Cuba and Certain Other Countries.-" and inserted in lieu thereof "Prohibitions Against Furnishing Assistance.-".

936 Sec. 301(e)(1)(A) of the FA Act of 1963 (Public Law 88-205) inserted “(1)” after subsec. (a). 937 Sec. 123(a)(1) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541) struck out "; nor shall any such assistance be furnished to any country which furnishes assistance to the present government of Cuba unless the President determines that such assistance is in the national interest of the United States", at this point.

shall not be construed to require the termination of guarantee commitments that were entered into prior to the effective date of the termination of assistance.

(e) RELATION TO OTHER PROVISIONS.-Unless specifically made inapplicable by another provision of law, the provisions of this section shall be applicable to the termination of assistance pursuant to any provision of law.

Sec. 618.933 Use of Settlement Receipts. [Repealed-1978] Sec. 619.933 Assistance to Newly Independent Countries. [Repealed-1978]

933 Sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law

95-424; 92 Stat. 961) repealed secs. 618 and 619.

Sec. 620.934 Prohibitions Against Furnishing Assistance.935-(a)(1)9 936 No assistance shall be furnished under this Act to the present government of Cuba.937 As an additional means of implementing and carrying into effect the policy of the preceding

934 22 U.S.C. 2370. Sec. 204 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810; 22 U.S.C. 6064) provided the following:

"SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

"(a) PRESIDENTIAL ACTIONS.-Upon submitting a determination to the appropriate congressional committees under section 203(c)(1) that a transition government in Cuba is in power, the President, after consultation with the Congress, is authorized to take steps to suspend the economic embargo of Cuba and to suspend the right of action created in section 302 with respect to actions thereafter filed against the Cuban Government, to the extent that such steps contribute to a stable foundation for a democratically elected government in Cuba.

"(b) SUSPENSION OF CERTAIN PROVISIONS OF LAW.-In carrying out subsection (a), the President may suspend the enforcement of—

"(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a));

"(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)) with respect to the "Republic of Cuba";

(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005);

"(4) section 902(c) of the Food Security Act of 1985; and

"(5) the prohibitions on transactions described in part 515 of title 31, Code of Federal Regulations.

"(c) ADDITIONAL PRESIDENTIAL ACTIONS.-Upon submitting a determination to the appropriate congressional committees under section 203(c)(3) that a democratically elected government in Cuba is in power, the President shall take steps to terminate the economic embargo of Cuba, including the restrictions under part 515 of title 31, Code of Federal Regulations.

"(d) CONFORMING AMENDMENTS.-On the date on which the President submits a determination under section 203(c)3)—

"(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed; and

"(4) section 902(c) of the Food Security Act of 1985 is repealed.

"(e) REVIEW OF SUSPENSION OF ECONOMIC EMBARGO.

"(1) REVIEW.-If the President takes action under subsection (a) to suspend the economic embargo of Cuba, the President shall immediately so notify the Congress. The President shall report to the Congress no less frequently than every 6 months thereafter, until he submits a determination under section 203(c)(3) that a democratically elected government in Cuba is in power, on the progress being made by Cuba toward the establishment of such a democratically elected government. The action of the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution described in paragraph (2). "(2) JOINT RESOLUTIONS.-For purposes of this subsection, the term 'joint resolution' means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: "That the Congress disapproves the action of the President under section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba, notice of which was submitted to the Congress on , with the blank space being filled with the appropriate date.

“(3) REFERRAL TO COMMITTEES.-Joint resolutions introduced in the House of Representatives shall be referred to the Committee on International Relations and joint resolutions introduced in the Senate shall be referred to the Committee on Foreign Relations.

resentatives.

sentence, the President is authorized to establish and maintain a total embargo upon all trade between the United States and Cuba. (2) 938 Except as may be deemed necessary by the President in the interest of the United States, no assistance shall be furnished under this Act to any government of Cuba, nor shall Cuba be entitled to receive any quota authorizing the importation of Cuban sugar into the United States or to receive any other benefit under any law of the United States, until the President determines that such government has taken appropriate steps according to international law standards to return to United States citizens, and to entities not less than 50 per centum beneficially owned by United States citizens, or to provide equitable compensation to such citizens and entities for property taken from such citizens and entities on or after January 1, 1959, by the Government of Cuba.

(b) 939 ***

* [Repealed-1981]

(c) 940 No assistance shall be provided under this Act to the government of any country which is indebted to any United States citizen or person for goods or services furnished or ordered where (i) such citizen or person has exhausted available legal remedies, which shall include arbitration, or (ii) the debt is not denied or contested by such government, or (iii) such indebtedness arises under an unconditional guaranty of payment given by such government, or any predecessor government, directly or indirectly, through any controlled entity: Provided, That the President does not find such action contrary to the national security.

(d) No assistance shall be furnished on a loan basis under chapter 1 of part 1941 of this Act for construction or operation of any productive enterprise in any country where such enterprise will compete with United States enterprise unless such country has agreed that it will establish appropriate procedures to prevent the exportation for use or consumption in the United States of more than 20 per centum of the annual production of such facility during the life of the loan. In case of failure to implement such agreement by the other contracting party, the President is authorized to establish necessary import controls to effectuate the agreement. The restrictions imposed by or pursuant to this subsection may be waived by the President where he determines that such waiver is in the national security interest.

938 Sec. 301(e)(1)(B) of the FA Act of 1963 (Public Law 88–205) added paras. (2) and (3). Para. (3), restricting shipments to Cuba, was subsequently repealed by sec. 123(a)(2) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541).

939 Sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed subsec. (b). It previously read as follows:

"(b) No assistance shall be furnished under this Act to the government of any country unless the President determines that such country is not dominated or controlled by the international Communist movement.".

940 Sec. 301(d)2) of the FA Act of 1962 (Public Law 87-565) amended and restated subsec (c). It formerly read as follows:

"(c) No assistance shall be provided under this Act to the government of any country which is indebted to any United States citizen for goods or services furnished, where such citizen has exhausted available legal remedies and the debt is not denied or contested by such government.".

941 Sec. 102(g)2XF) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out "under section 201" and inserted in lieu thereof "on a loan basis under chapter 1 of part I".

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