§6023 Definitions

Summary

Defines the key words used in the chapter about Cuba so people know what those words mean. “Agency or instrumentality of a foreign state” — same meaning given in 28 U.S.C. 1603(b). “Appropriate congressional committees” — the House and Senate committees on foreign affairs and on appropriations. “Commercial activity” — same meaning given in 28 U.S.C. 1603(d). “Confiscated” — covers nationalizations, expropriations, or other seizures by the Cuban Government on or after January 1, 1959 when the property was not returned, or not paid for, or the claim was not settled; and it also covers debts on or after January 1, 1959 that the Cuban Government repudiated, defaulted on, or failed to pay when those debts are tied to confiscated property. “Cuban Government” — includes Cuba’s national government, its political subdivisions, and its agencies or instrumentalities (with references to “foreign state” in 28 U.S.C. 1603(b) read as “Cuba”). “Democratically elected government in Cuba” — a government the President decides meets the rules in section 6066. “Economic embargo of Cuba” — the trade, travel, and property restrictions imposed under specified laws, including section 2370(a), section 4305(b) of title 50, the Cuban Democracy Act of 1992 (22 U.S.C. 6001 et seq.), and section 902(c) of the Food Security Act of 1985. “Foreign national” — an alien or an entity not organized under U.S. law. “Knowingly” — with knowledge or having reason to know. “Official of the Cuban Government or the ruling political party in Cuba” — members of the Council of Ministers, Council of State, the Communist Party central committee, the Politburo, or their equivalents. “Person” — any person or entity, including a foreign state agency. “Property” — any real, personal, or intellectual property and related rights; for subchapter III, residential real property is excluded unless, as of March 12, 1996, the claim was 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 a Cuban government or party official. “Traffics” (in subchapter III) — knowingly deals in or benefits from confiscated property (for example, buying, selling, managing, using, or profiting from it), but excludes certain telecom deliveries, ordinary public trading of securities, lawful travel-related transactions, and transactions by Cuban citizens who live in Cuba and are not officials. “Transition government in Cuba” — a government the President determines meets the factors in section 6065. “United States national” — a U.S. citizen or an entity organized under U.S. law with its main place of business in the United States.