§ 6065. — Requirements and factors for determining transition government.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6065]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69A--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)
SUBCHAPTER II--ASSISTANCE TO FREE AND INDEPENDENT CUBA
Sec. 6065. Requirements and factors for determining transition
government
(a) Requirements
For the purposes of this chapter, a transition government in Cuba is
a government that--
(1) has legalized all political activity;
(2) has released all political prisoners and allowed for
investigations of Cuban prisons by appropriate international human
rights organizations;
(3) has dissolved the present Department of State Security in
the Cuban Ministry of the Interior, including the Committees for the
Defense of the Revolution and the Rapid Response Brigades; and
(4) has made public commitments to organizing free and fair
elections for a new government--
(A) to be held in a timely manner within a period not to
exceed 18 months after the transition government assumes power;
(B) with the participation of multiple independent political
parties that have full access to the media on an equal basis,
including (in the case of radio, television, or other
telecommunications media) in terms of allotments of time for
such access and the times of day such allotments are given; and
(C) to be conducted under the supervision of internationally
recognized observers, such as the Organization of American
States, the United Nations, and other election monitors;
(5) has ceased any interference with Radio Marti or Television
Marti broadcasts;
(6) makes public commitments to and is making demonstrable
progress in--
(A) establishing an independent judiciary;
(B) respecting internationally recognized human rights and
basic freedoms as set forth in the Universal Declaration of
Human Rights, to which Cuba is a signatory nation;
(C) allowing the establishment of independent trade unions
as set forth in conventions 87 and 98 of the International Labor
Organization, and allowing the establishment of independent
social, economic, and political associations;
(7) does not include Fidel Castro or Raul Castro; and
(8) has given adequate assurances that it will allow the speedy
and efficient distribution of assistance to the Cuban people.
(b) Additional factors
In addition to the requirements in subsection (a) of this section,
in determining whether a transition government in Cuba is in power, the
President shall take into account the extent to which that government--
(1) is demonstrably in transition from a communist totalitarian
dictatorship to representative democracy;
(2) has made public commitments to, and is making demonstrable
progress in--
(A) effectively guaranteeing the rights of free speech and
freedom of the press, including granting permits to privately
owned media and telecommunications companies to operate in Cuba;
(B) permitting the reinstatement of citizenship to Cuban-
born persons returning to Cuba;
(C) assuring the right to private property; and
(D) taking appropriate steps to return to United States
citizens (and entities which are 50 percent or more beneficially
owned by United States citizens) property taken by the Cuban
Government from such citizens and entities on or after January
1, 1959, or to provide equitable compensation to such citizens
and entities for such property;
(3) has extradited or otherwise rendered to the United States
all persons sought by the United States Department of Justice for
crimes committed in the United States; and
(4) has permitted the deployment throughout Cuba of independent
and unfettered international human rights monitors.
(Pub. L. 104-114, title II, Sec. 205, Mar. 12, 1996, 110 Stat. 811.)
Section Referred to in Other Sections
This section is referred to in sections 6023, 6066 of this title.
