§ 6040. — Importation safeguard against certain Cuban products.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6040]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69A--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)
SUBCHAPTER I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
GOVERNMENT
Sec. 6040. Importation safeguard against certain Cuban products
(a) Prohibition on import of and dealings in Cuban products
The Congress notes that section 515.204 of title 31, Code of Federal
Regulations, prohibits the entry of, and dealings outside the United
States in, merchandise that--
(1) is of Cuban origin;
(2) is or has been located in or transported from or through
Cuba; or
(3) is made or derived in whole or in part of any article which
is the growth, produce, or manufacture of Cuba.
(b) Effect of NAFTA
The Congress notes that United States accession to the North
American Free Trade Agreement does not modify or alter the United States
sanctions against Cuba. The statement of administrative action
accompanying that trade agreement specifically states the following:
(1) ``The NAFTA rules of origin will not in any way diminish the
Cuban sanctions program. . . . Nothing in the NAFTA would operate to
override this prohibition.''.
(2) ``Article 309(3) [of the NAFTA] permits the United States to
ensure that Cuban products or goods made from Cuban materials are
not imported into the United States from Mexico or Canada and that
United States products are not exported to Cuba through those
countries.''.
(c) Restriction of sugar imports
The Congress notes that section 902(c) of the Food Security Act of
1985 (Public Law 99-198) requires the President not to allocate any of
the sugar import quota to a country that is a net importer of sugar
unless appropriate officials of that country verify to the President
that the country does not import for reexport to the United States any
sugar produced in Cuba.
(d) Assurances regarding sugar products
Protection of essential security interests of the United States
requires assurances that sugar products that are entered, or withdrawn
from warehouse for consumption, into the customs territory of the United
States are not products of Cuba.
(Pub. L. 104-114, title I, Sec. 110, Mar. 12, 1996, 110 Stat. 800.)
References in Text
Section 902(c) of the Food Security Act of 1985, referred to in
subsec. (c), is section 902(c) of Pub. L. 99-198, which is set out as a
note under section 1446g of Title 7, Agriculture.
