§6040 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

A federal rule (31 C.F.R. 515.204) bans bringing into the United States or trading outside it any goods that are from Cuba, were in or shipped through Cuba, or were made partly or entirely from Cuban materials. Joining NAFTA did not change those Cuba sanctions. The United States said NAFTA cannot override the ban and Article 309(3) lets the U.S. stop Cuban products or goods made from Cuban materials from entering the United States through Mexico or Canada and stop U.S. goods from being sent to Cuba through those countries. Under section 902(c) of the Food Security Act of 1985 (Public Law 99–198), the President must not give sugar import quota to a country that is a net sugar importer unless that country certifies it does not import Cuban sugar to reexport to the United States. The U.S. also requires assurances that sugar entering U.S. customs for consumption is not Cuban.

Title 22, §6040

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)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)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.

Editorial Notes

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.

§6040 Importation safeguard against certain Cuban products

Summary

Title 22, §6040

Notes & Related Subsidiaries

Editorial Notes

References in Text

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