§ 6004. — Support for Cuban people.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6004]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69--CUBAN DEMOCRACY
Sec. 6004. Support for Cuban people
(a) Provisions of law affected
The provisions of this section apply notwithstanding any other
provision of law, including section 2370(a) of this title, and
notwithstanding the exercise of authorities, before October 23, 1992,
under section 5(b) of the Trading With the Enemy Act [12 U.S.C. 95a, 50
App. U.S.C. 5(b)], the International Emergency Economic Powers Act [50
U.S.C. 1701 et seq.], or the Export Administration Act of 1979 [50 App.
U.S.C. 2401 et seq.].
(b) Donations of food
Nothing in this or any other Act shall prohibit donations of food to
nongovernmental organizations or individuals in Cuba.
(c) Exports of medicines and medical supplies
Exports of medicines or medical supplies, instruments, or equipment
to Cuba shall not be restricted--
(1) except to the extent such restrictions would be permitted
under section 5(m) of the Export Administration Act of 1979 [50 App.
U.S.C. 2404(m)] or section 203(b)(2) of the International Emergency
Economic Powers Act [50 U.S.C. 1702(b)(2)];
(2) except in a case in which there is a reasonable likelihood
that the item to be exported will be used for purposes of torture or
other human rights abuses;
(3) except in a case in which there is a reasonable likelihood
that the item to be exported will be reexported; and
(4) except in a case in which the item to be exported could be
used in the production of any biotechnological product.
(d) Requirements for certain exports
(1) Onsite verifications
(A) Subject to subparagraph (B), an export may be made under
subsection (c) of this section only if the President determines that
the United States Government is able to verify, by onsite
inspections and other appropriate means, that the exported item is
to be used for the purposes for which it was intended and only for
the use and benefit of the Cuban people.
(B) Subparagraph (A) does not apply to donations to
nongovernmental organizations in Cuba of medicines for humanitarian
purposes.
(2) Licenses
Exports permitted under subsection (c) of this section shall be
made pursuant to specific licenses issued by the United States
Government.
(e) Telecommunications services and facilities
(1) Telecommunications services
Telecommunications services between the United States and Cuba
shall be permitted.
(2) Telecommunications facilities
Telecommunications facilities are authorized in such quantity
and of such quality as may be necessary to provide efficient and
adequate telecommunications services between the United States and
Cuba.
(3) Licensing of payments to Cuba
(A) The President may provide for the issuance of licenses for
the full or partial payment to Cuba of amounts due Cuba as a result
of the provision of telecommunications services authorized by this
subsection, in a manner that is consistent with the public interest
and the purposes of this chapter, except that this paragraph shall
not require any withdrawal from any account blocked pursuant to
regulations issued under section 5(b) of the Trading With the Enemy
Act [12 U.S.C. 95a, 50 App. U.S.C. 5(b)].
(B) If only partial payments are made to Cuba under subparagraph
(A), the amounts withheld from Cuba shall be deposited in an account
in a banking institution in the United States. Such account shall be
blocked in the same manner as any other account containing funds in
which Cuba has any interest, pursuant to regulations issued under
section 5(b) of the Trading With the Enemy Act.
(4) Authority of Federal Communications Commission
Nothing in this subsection shall be construed to supersede the
authority of the Federal Communications Commission.
(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) 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.
(f) Direct mail delivery to Cuba
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including, in
the absence of common carrier service between the 2 countries, the use
of charter service providers.
(g) Assistance to support democracy in Cuba
The United States Government may provide assistance, through
appropriate nongovernmental organizations, for the support of
individuals and organizations to promote nonviolent democratic change in
Cuba.
(Pub. L. 102-484, div. A, title XVII, Sec. 1705, Oct. 23, 1992, 106
Stat. 2577; Pub. L. 104-114, title I, Sec. 102(g), Mar. 12, 1996, 110
Stat. 793.)
Amendment of Section
Pub. L. 104-114, title II, Sec. 204(d)(3), Mar. 12, 1996, 110
Stat. 810, provided that on date on which President submits
determination under section 6063(c) of this title that
democratically elected government in Cuba is in power, this section
is amended by repealing subsection (d).
References in Text
The International Emergency Economic Powers Act, referred to in
subsec. (a), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat.
1626, which is classified generally to chapter 35 (Sec. 1701 et seq.) of
Title 50, War and National Defense. For complete classification of this
Act to the Code, see Short Title note set out under section 1701 of
Title 50 and Tables.
The Export Administration Act of 1979, referred to in subsec. (a),
is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is
classified principally to section 2401 et seq. of the Appendix to Title
50. For complete classification of this Act to the Code, see Short Title
note set out under section 2401 of the Appendix to Title 50 and Tables.
Amendments
1996--Subsec. (e)(5), (6). Pub. L. 104-114, Sec. 102(g), added pars.
(5) and (6).
Section Referred to in Other Sections
This section is referred to in sections 6003, 6005, 6008, 6009, 6064
of this title.
