§ 6091. — Exclusion from United States of aliens who have confiscated property of United States nationals or who traffic in such property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6091]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69A--CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)
SUBCHAPTER IV--EXCLUSION OF CERTAIN ALIENS
Sec. 6091. Exclusion from United States of aliens who have
confiscated property of United States nationals or who traffic
in such property
(a) Grounds for exclusion
The Secretary of State shall deny a visa to, and the Attorney
General shall exclude from the United States, any alien who the
Secretary of State determines is a person who, after March 12, 1996--
(1) has confiscated, or has directed or overseen the
confiscation of, property a claim to which is owned by a United
States national, or converts or has converted for personal gain
confiscated property, a claim to which is owned by a United States
national;
(2) traffics in confiscated property, a claim to which is owned
by a United States national;
(3) is a corporate officer, principal, or shareholder with a
controlling interest of an entity which has been involved in the
confiscation of property or trafficking in confiscated property, a
claim to which is owned by a United States national; or
(4) is a spouse, minor child, or agent of a person excludable
under paragraph (1), (2), or (3).
(b) Definitions
As used in this section, the following terms have the following
meanings:
(1) Confiscated; confiscation
The terms ``confiscated'' and ``confiscation'' refer to--
(A) the nationalization, expropriation, or other seizure by
the Cuban Government of ownership or control of property--
(i) without the property having been returned or
adequate and effective compensation provided; or
(ii) without the claim to the property having been
settled pursuant to an international claims settlement
agreement or other mutually accepted settlement procedure;
and
(B) the repudiation by the Cuban Government of, the default
by the Cuban Government on, or the failure of the Cuban
Government to pay--
(i) a debt of any enterprise which has been
nationalized, expropriated, or otherwise taken by the Cuban
Government;
(ii) a debt which is a charge on property nationalized,
expropriated, or otherwise taken by the Cuban Government; or
(iii) a debt which was incurred by the Cuban Government
in satisfaction or settlement of a confiscated property
claim.
(2) Traffics
(A) Except as provided in subparagraph (B), a person
``traffics'' in confiscated property if that person knowingly and
intentionally--
(i)(I) transfers, distributes, dispenses, brokers, or
otherwise disposes of confiscated property,
(II) purchases, receives, obtains control of, or otherwise
acquires confiscated property, or
(III) improves (other than for routine maintenance), invests
in (by contribution of funds or anything of value, other than
for routine maintenance), or begins after March 12, 1996, to
manage, lease, possess, use, or hold an interest in confiscated
property,
(ii) enters into a commercial arrangement using or otherwise
benefiting from confiscated property, or
(iii) causes, directs, participates in, or profits from,
trafficking (as described in clause (i) or (ii)) by another
person, or otherwise engages in trafficking (as described in
clause (i) or (ii)) through another person,
without the authorization of any United States national who holds a
claim to the property.
(B) The term ``traffics'' does not include--
(i) the delivery of international telecommunication signals
to Cuba;
(ii) the trading or holding of securities publicly traded or
held, unless the trading is with or by a person determined by
the Secretary of the Treasury to be a specially designated
national;
(iii) transactions and uses of property incident to lawful
travel to Cuba, to the extent that such transactions and uses of
property are necessary to the conduct of such travel; or
(iv) transactions and uses of property by a person who is
both a citizen of Cuba and a resident of Cuba, and who is not an
official of the Cuban Government or the ruling political party
in Cuba.
(c) Exemption
This section shall not apply where the Secretary of State finds, on
a case by case basis, that the entry into the United States of the
person who would otherwise be excluded under this section is necessary
for medical reasons or for purposes of litigation of an action under
subchapter III of this chapter.
(d) Effective date
(1) In general
This section applies to aliens seeking to enter the United
States on or after March 12, 1996.
(2) Trafficking
This section applies only with respect to acts within the
meaning of ``traffics'' that occur on or after March 12, 1996.
(Pub. L. 104-114, title IV, Sec. 401, Mar. 12, 1996, 110 Stat. 822.)
References in Text
Subchapter III of this chapter, referred to in subsec. (c), was in
the original ``title III'', meaning title III of Pub. L. 104-114, Mar.
12, 1996, 110 Stat. 814, which enacted subchapter III of this chapter
and sections 1643l and 1643m of this title and amended section 1611 of
Title 28, Judiciary and Judicial Procedure. For complete classification
of title III to the Code, see Tables.
Reports on Determinations Under Title IV of the LIBERTAD Act
Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2802, Oct.
21, 1998, 112 Stat. 2681-845, as amended by Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. A, title II, Sec. 209(b)], Nov. 29, 1999, 113
Stat. 1536, 1501A-423; Pub. L. 107-228, div. A, title II, Sec. 216(b),
Sept. 30, 2002, 116 Stat. 1366, provided that:
``(a) Reports Required.--Not later than 30 days after the date of
the enactment of this Act [Oct. 21, 1998] and every 3 months thereafter
during the period ending September 30, 2003, the Secretary of State
shall submit to the appropriate congressional committees [Committee on
International Relations of the House of Representatives and Committee on
Foreign Relations of the Senate] a report on the implementation of
section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6091). Each report shall include--
``(1) an unclassified list, by economic sector, of the number of
entities then under review pursuant to that section;
``(2) an unclassified list of all entities and a classified list
of all individuals that the Secretary of State has determined to be
subject to that section;
``(3) an unclassified list of all entities and a classified list
of all individuals that the Secretary of State has determined are no
longer subject to that section;
``(4) an explanation of the status of the review underway for
the cases referred to in paragraph (1); and
``(5) an unclassified explanation of each determination of the
Secretary of State under section 401(a) of that Act and each finding
of the Secretary under section 401(c) of that Act--
``(A) since the date of the enactment of this Act, in the
case of the first report under this subsection; and
``(B) in the preceding 3-month period, in the case of each
subsequent report.
``(b) Protection of Identity of Concerned Entities.--In preparing
the report under subsection (a), the names of entities shall not be
identified under paragraph (1) or (4).''
Section Referred to in Other Sections
This section is referred to in title 6 section 236; title 8 section
1182d.
