§6023 Definitions

Summary

Lists plain meanings for important words used in this chapter so people know how they are used here. Agency or instrumentality of a foreign state means the same thing given in section 1603(b) of title 28. Appropriate congressional committees means the House Committees on International Relations and Appropriations and the Senate Committees on Foreign Relations and Appropriations. Commercial activity means the same thing given in section 1603(d) of title 28. Confiscated means property taken by the Cuban Government on or after January 1, 1959 without return, fair payment, or a settled claim, and also covers Cuban government failures to pay debts tied to such taken property. Cuban Government includes Cuba’s national and local governments and their agencies or instrumentalities, with “agency or instrumentality” read as in section 1603(b) of title 28 but referring to Cuba. Democratically elected government in Cuba means a government the President finds meets section 6066. Economic embargo of Cuba refers to the trade, travel, and property restrictions imposed under section 2370(a), section 4305(b) of title 50, the Cuban Democracy Act of 1992 (22 U.S.C. 6001 et seq.), or other laws, and the limits in section 902(c) of the Food Security Act of 1985. Foreign national means an alien or any company or legal entity not organized under U.S. laws. Knowingly means with knowledge or having reason to know. Official of the Cuban Government or the ruling political party in Cuba means members of the Council of Ministers, Council of State, the Communist Party central committee, the Politburo, or their equivalents. Person means any individual or entity, including a foreign state agency or instrumentality. Property means any kind of property (including patents, copyrights, trademarks, real or personal property, rights, or leaseholds); for subchapter III it does not include residential real property unless, as of March 12, 1996, the claim was held by a United States national and certified under title V of the International Claims Settlement Act of 1949 [22 U.S.C. 1643 et seq.], or the property is occupied by an official of the Cuban Government or ruling party. Traffics, as used in subchapter III, means knowingly and intentionally dealing in confiscated property—selling, buying, leasing, holding, using, managing, or profiting from it, or causing others to do so—without authorization from a United States national who holds a claim; it does not include delivery of international telecom signals to Cuba, normal trading or holding of publicly traded securities (unless done with a specially designated national), transactions tied to lawful travel to Cuba that are necessary for that travel, or transactions by a person who is both a Cuban citizen and resident and not an official. Transition government in Cuba means a government the President finds is a transition government under section 6065. United States national means any U.S. citizen or any legal entity organized under U.S. law with its main place of business in the United States.