Title 22Foreign Relations and IntercourseRelease 119-73not60

§6065 Requirements and Factors for Determining Transition Government

Title 22 › Chapter 69A— CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) › Subchapter II— ASSISTANCE TO FREE AND INDEPENDENT CUBA › § 6065

Last updated Apr 5, 2026|Official source

Summary

A transition government in Cuba must do several things to be recognized. It must allow all political activity, free all political prisoners, and let international human rights groups inspect prisons. It must dissolve the current State Security forces, including the Committees for the Defense of the Revolution and the Rapid Response Brigades. It must promise to hold free and fair elections within 18 months with multiple independent parties that get equal media access (including equal radio and TV time) and let international observers such as the Organization of American States and the United Nations watch. It must stop interfering with Radio Marti and Television Marti broadcasts, work toward an independent judiciary, respect human rights in the Universal Declaration of Human Rights, allow independent trade unions under ILO conventions 87 and 98, permit independent social, economic, and political groups, not include Fidel Castro or Raul Castro, and guarantee that aid can be distributed quickly to the Cuban people. The President must also consider whether the government is clearly moving from a communist totalitarian system to representative democracy and is making real progress on free speech and a free press (including permits for private media and telecom companies), restoring citizenship to Cuban-born people who return, protecting private property, returning or fairly compensating United States citizens and entities that are 50 percent or more owned by United States citizens for property taken on or after January 1, 1959, extraditing or otherwise handing over to the United States people wanted by the U.S. Department of Justice for crimes in the United States, and allowing independent, unfettered international human rights monitors to operate throughout Cuba.

Full Legal Text

Title 22, §6065

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)For the purposes of this chapter, a transition government in Cuba is a government that—
(1)has legalized all political activity;
(2)has released all political prisoners and allowed for investigations of Cuban prisons by appropriate international human rights organizations;
(3)has dissolved the present Department of State Security in the Cuban Ministry of the Interior, including the Committees for the Defense of the Revolution and the Rapid Response Brigades; and
(4)has made public commitments to organizing free and fair elections for a new government—
(A)to be held in a timely manner within a period not to exceed 18 months after the transition government assumes power;
(B)with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and
(C)to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other election monitors;
(5)has ceased any interference with Radio Marti or Television Marti broadcasts;
(6)makes public commitments to and is making demonstrable progress in—
(A)establishing an independent judiciary;
(B)respecting internationally recognized human rights and basic freedoms as set forth in the Universal Declaration of Human Rights, to which Cuba is a signatory nation;
(C)allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor Organization, and allowing the establishment of independent social, economic, and political associations;
(7)does not include Fidel Castro or Raul Castro; and
(8)has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the Cuban people.
(b)In addition to the requirements in subsection (a), in determining whether a transition government in Cuba is in power, the President shall take into account the extent to which that government—
(1)is demonstrably in transition from a communist totalitarian dictatorship to representative democracy;
(2)has made public commitments to, and is making demonstrable progress in—
(A)effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Cuba;
(B)permitting the reinstatement of citizenship to Cuban-born persons returning to Cuba;
(C)assuring the right to private property; and
(D)taking appropriate steps to return to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property;
(3)has extradited or otherwise rendered to the United States all persons sought by the United States Department of Justice for crimes committed in the United States; and
(4)has permitted the deployment throughout Cuba of independent and unfettered international human rights monitors.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 785, known as the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 6021 of this title and Tables.

Reference

Citations & Metadata

Citation

22 U.S.C. § 6065

Title 22Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60