§6066 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

To qualify as a democratically elected government in Cuba, the government must meet section 6065(a) and also hold free and fair elections watched by internationally recognized observers, with opposition parties given time to organize and all candidates allowed media access. It must respect basic civil and human rights, move toward a market economy that protects private property, commit to constitutional changes for regular free elections and rights, show progress on an independent judiciary, and return or fully compensate property taken from U.S. citizens and entities 50 percent or more owned by U.S. citizens on or after January 1, 1959, under international law.

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