Page:United States Statutes at Large Volume 110 Part 1.djvu/813

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


PUBLIC LAW 104-114 —MAR. 12, 1996 110 STAT. 789 (4) to encourage the holding of free and fair democratic elections in Cuba, conducted under the supervision of internationaly recognized observers; (5) to provide a policy framework for United States support to the Cuban people in response to the formation of a transition government or a democratically elected government in Cuba; and (6) to protect United States nationals against confiscatory takings and the wrongful trafficking in property confiscated by the Castro regime. ^:C. 4. DEFINITKX^S. 22 USC 6023. As used in this Act, the following terms have the following meanings: (1) AGENCY OR INSTRUMENTALITY OF A FOREIGN STATE.— The term "agency or instrumentality of a foreign state" has the meaning given that term in section 1603(b) of title 28, United States Code. (2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term "appropriate congressional committees" means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (3) COMMERCIAL ACTIVITY. —The term "commercial activity" has the meaning given that term in section 1603(d) of title 28, United States Code. (4) CONFISCATED.—As used in titles I and III, the term "confiscated" refers to— (A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after January 1, 1959— (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, on or after January 1, 1959— (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. (5) CUBAN GOVERNMENT. —(A) The term "Cuban Government" includes the government of any political subdivision of Cuba, and £my agency or instrumentality of the Government of Cuba. (B) For purposes of subparagraph (A), the term "agency or instrumentality of the Government of Cuba" means an