PRIA, Government Policy, Made Personal

Summary

To count as a government elected by the people in Cuba, it must meet the rules in section 6065(a) and also do six things. The government must hold open and honest elections watched by internationally recognized observers, give opposition parties enough time to organize and campaign, and let all candidates use the media. It must respect fundamental rights and freedoms and move toward a market economy where people can own and use property. It must promise and take steps to change the constitution so free elections and rights happen regularly, show real progress in creating an independent court system, and make clear progress in returning or fully paying for property taken from U.S. citizens and companies at least 50% owned by U.S. citizens on or after January 1, 1959.

Title 22, §6066

Foreign Relations and Intercourse, Source: USLM XML via OLRC

For purposes of this chapter, a democratically elected government in Cuba, in addition to meeting the requirements of section 6065(a) of this title, is a government which—

(1)results from free and fair elections—

(A)conducted under the supervision of internationally recognized observers; and

(B)in which—

(i)opposition parties were permitted ample time to organize and campaign for such elections; and

(ii)all candidates were permitted full access to the media;

(2)is showing respect for the basic civil liberties and human rights of the citizens of Cuba;

(3)is substantially moving toward a market-oriented economic system based on the right to own and enjoy property;

(4)is committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of Cuba;

(5)has made demonstrable progress in establishing an independent judiciary; and

(6)has made demonstrable progress in returning 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 providing full compensation for such property in accordance with international law standards and practice.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, 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.

§6066 Requirements for Determining Democratically Elected Government