110 STAT. 796 PUBLIC LAW 104-114 —MAR. 12, 1996 ligence facilities, including the military an,d intelligence facilities at Lourdes and Cienfuegos". (c) INELIGIBILITY FOR ASSISTANCE.— (1) IN GENERAL.— Section 498A(b) of that Act (22 U.S.C. 2295a(b)) is amended— (A) by striking "or" at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: "(5) for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determinaticm within that 30-day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in secti(Hi 498B(k)(3)) with, the Cuban Government; or" (2) DEFINITION. —Subsection (k) of section 498B of that Act (22 U.S.C. 2295b(k)) is amended by adding at the end the following new paragraph: "(3) NONMARKET BASED TRADE. —As used in section 498A(b)(5), the term 'nonmarket based trade' includes exports, imports, exchanges, or other arrangements that are provided for goods and services (including oil and other petroleum products) on terms more favorable than those generally available in applicable markets or for comparable commodities, including— "(A) exports to the Cuban Government on terms that involve a grant, concessional price, guaranty, insurance, or subsidy; "(B) imports from the Cuban Government at pref- erential tariff rates; "(C) exchange arrangements that include advance delivery of commodities, arrangements in which the Cuban Government is not held accountable for unfulfilled exchange contracts, and arrangements under which Cuba does not pay appropriate transportation, insurance, or finance costs; and "(D) the exchange, reduction, or forgiveness of debt of the Cuban Government in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national. "(4) CUBAN GOVERNMENT. — (A) The term 'Cuban Government' includes the government of any political subdivision of Cuba, and any 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 agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to *a foreign state' deemed to be a reference to 'Cuba'.". (3) EXCEPTION.— Section 498A(c) of the Foreign Assistance 22 USC 2295a. Act of 1961 (22 U.S.C. 2295A(c)) is amended by inserting after paragraph (3) the following new paragraph:
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