§ 6005. — Sanctions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6005]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69--CUBAN DEMOCRACY
Sec. 6005. Sanctions
(a) Prohibition on certain transactions between certain United States
firms and Cuba
(1) Prohibition
Notwithstanding any other provision of law, no license may be
issued for any transaction described in section 515.559 of title 31,
Code of Federal Regulations, as in effect on July 1, 1989.
(2) Applicability to existing contracts
Paragraph (1) shall not affect any contract entered into before
October 23, 1992.
(b) Prohibitions on vessels
(1) Vessels engaging in trade
Beginning on the 61st day after October 23, 1992, a vessel which
enters a port or place in Cuba to engage in the trade of goods or
services may not, within 180 days after departure from such port or
place in Cuba, load or unload any freight at any place in the United
States, except pursuant to a license issued by the Secretary of the
Treasury.
(2) Vessels carrying goods or passengers to or from Cuba
Except as specifically authorized by the Secretary of the
Treasury, a vessel carrying goods or passengers to or from Cuba or
carrying goods in which Cuba or a Cuban national has any interest
may not enter a United States port.
(3) Inapplicability of ship stores general license
No commodities which may be exported under a general license
described in section 771.9 of title 15, Code of Federal Regulations,
as in effect on May 1, 1992, may be exported under a general license
to any vessel carrying goods or passengers to or from Cuba or
carrying goods in which Cuba or a Cuban national has an interest.
(4) Definitions
As used in this subsection--
(A) the term ``vessel'' includes every description of water
craft or other contrivance used, or capable of being used, as a
means of transportation in water, but does not include aircraft;
(B) the term ``United States'' includes the territories and
possessions of the United States and the customs waters of the
United States (as defined in section 1401 of title 19; and
(C) the term ``Cuban national'' means a national of Cuba, as
the term ``national'' is defined in section 515.302 of title 31,
Code of Federal Regulations, as of August 1, 1992.
(c) Restrictions on remittances to Cuba
The President shall establish strict limits on remittances to Cuba
by United States persons for the purpose of financing the travel of
Cubans to the United States, in order to ensure that such remittances
reflect only the reasonable costs associated with such travel, and are
not used by the Government of Cuba as a means of gaining access to
United States currency.
(d) Clarification of applicability of sanctions
The prohibitions contained in subsections (a), (b), and (c) of this
section shall not apply with respect to any activity otherwise permitted
by section 6004 of this title or section 6006 of this title or any
activity which may not be regulated or prohibited under section 5(b)(4)
of the Trading With the Enemy Act [12 U.S.C. 95a(4), 50 App. U.S.C.
5(b)(4)].
(Pub. L. 102-484, div. A, title XVII, Sec. 1706, Oct. 23, 1992, 106
Stat. 2578.)
Repeal 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)(3) of this title that
democratically elected government in Cuba is in power, this section
is repealed.
Section Referred to in Other Sections
This section is referred to in sections 6007, 6064 of this title.
