§ 6001. — Findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6001]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69--CUBAN DEMOCRACY
Sec. 6001. Findings
The Congress makes the following findings:
(1) The government of Fidel Castro has demonstrated consistent
disregard for internationally accepted standards of human rights and
for democratic values. It restricts the Cuban people's exercise of
freedom of speech, press, assembly, and other rights recognized by
the Universal Declaration of Human Rights adopted by the General
Assembly of the United Nations on December 10, 1948. It has refused
to admit into Cuba the representative of the United Nations Human
Rights Commission appointed to investigate human rights violations
on the island.
(2) The Cuban people have demonstrated their yearning for
freedom and their increasing opposition to the Castro government by
risking their lives in organizing independent, democratic activities
on the island and by undertaking hazardous flights for freedom to
the United States and other countries.
(3) The Castro government maintains a military-dominated economy
that has decreased the well-being of the Cuban people in order to
enable the government to engage in military interventions and
subversive activities throughout the world and, especially, in the
Western Hemisphere. These have included involvement in narcotics
trafficking and support for the FMLN guerrillas in El Salvador.
(4) There is no sign that the Castro regime is prepared to make
any significant concessions to democracy or to undertake any form of
democratic opening. Efforts to suppress dissent through
intimidation, imprisonment, and exile have accelerated since the
political changes that have occurred in the former Soviet Union and
Eastern Europe.
(5) Events in the former Soviet Union and Eastern Europe have
dramatically reduced Cuba's external support and threaten Cuba's
food and oil supplies.
(6) The fall of communism in the former Soviet Union and Eastern
Europe, the now universal recognition in Latin America and the
Caribbean that Cuba provides a failed model of government and
development, and the evident inability of Cuba's economy to survive
current trends, provide the United States and the international
democratic community with an unprecedented opportunity to promote a
peaceful transition to democracy in Cuba.
(7) However, Castro's intransigence increases the likelihood
that there could be a collapse of the Cuban economy, social
upheaval, or widespread suffering. The recently concluded Cuban
Communist Party Congress has underscored Castro's unwillingness to
respond positively to increasing pressures for reform either from
within the party or without.
(8) The United States cooperated with its European and other
allies to assist the difficult transitions from Communist regimes in
Eastern Europe. Therefore, it is appropriate for those allies to
cooperate with United States policy to promote a peaceful transition
in Cuba.
(Pub. L. 102-484, div. A, title XVII, Sec. 1702, Oct. 23, 1992, 106
Stat. 2575.)
Effective Date
Section 1712 of title XVII of div. A of Pub. L. 102-484 provided
that: ``This title [enacting this chapter, amending section 16 of Title
50, Appendix, War and National Defense, and enacting provisions set out
as a note below] shall take effect on the date of the enactment of this
Act [Oct. 23, 1992].''
Short Title
Section 1701 of title XVII of div. A of Pub. L. 102-484 provided
that: ``This title [enacting this chapter, amending section 16 of Title
50, Appendix, War and National Defense, and enacting provisions set out
as a note above] may be cited as the `Cuban Democracy Act of 1992'.''
Ex. Ord. No. 12854. Implementation of Cuban Democracy Act
Ex. Ord. No. 12854, July 4, 1993, 58 F.R. 36587, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Trading with the
Enemy Act, as amended (50 U.S.C. App. 1-6, 7-39, 41-44), the Cuban
Democracy Act of 1992 (Public Law 102-484, sections 1701-1712, October
23, 1992, 106 Stat. 2575) (the ``Act'') [22 U.S.C. 6001 et seq.], and
section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
hereby order:
Section 1. Implementation of the Act. All agencies are hereby
directed to take all appropriate measures within their authority,
including the promulgation of rules and regulations, to carry out the
provisions of the Act.
Sec. 2. Functions of the Department of State. The Secretary of State
shall be responsible for implementing sections 1704, 1707, and 1708 of
the Act [22 U.S.C. 6003, 6006, 6007]. Responsibility for transmitting
the certification required by section 1707 and the report required by
section 1708 of the Act is delegated to the Secretary of State.
Sec. 3. Functions of the Department of the Treasury. Except as
provided in section 4 of this order, the Secretary of the Treasury shall
be responsible for implementing sections 1705(b)-(e) and 1706 [22 U.S.C.
6004(b)-(e), 6005] of the Act, to the extent that these sections pertain
to transactions with Cuba.
Sec. 4. Functions of the Department of Commerce. The Secretary of
Commerce shall be responsible for implementing sections 1705(b)-(e) of
the Act, to the extent that these sections pertain to the exportation to
Cuba from the United States or from a third country of goods and
technology subject to the jurisdiction of the Department of Commerce.
Sec. 5. Consultation. In consultation with the Secretary of State,
the Secretary of the Treasury and the Secretary of Commerce are hereby
authorized to take such actions, including the promulgation of rules and
regulations, as may be necessary to carry out the purposes of the Act
and this order.
Sec. 6. Nothing in this order shall be deemed to affect any
functions vested by law in the Federal Communications Commission.
Sec. 7. Effective Date. This order shall be effective immediately.
William J. Clinton.
