PRIA, Government Policy, Made Personal

Summary

The rules start on August 1, 1996, unless the President delays them. The President may delay the start for up to 6 months and can add more 6‑month delays. For any delay, the President must tell the right congressional committees in writing at least 15 days before the delay begins and say it is needed for U.S. national interests and will help speed Cuba’s move to democracy. Each extra delay begins the day after the last one ends. After the rules take effect, no one can gain a property interest in any possible or pending claim under these rules. The President can also pause the right to sue about confiscated property for up to 6 months, and can extend those pauses the same way with the same notice. Pauses do not stop cases already started; those continue as if no pause happened. The President may end any pause early by telling the congressional committees in writing that ending it will help speed Cuba’s transition to democracy.

Title 22, §6085

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

Subject to subsections (b) and (c), this subchapter and the amendments made by this subchapter shall take effect on August 1, 1996.

(b)Suspension authority

(1)Suspension authority

The President may suspend the effective date under subsection (a) for a period of not more than 6 months if the President determines and reports in writing to the appropriate congressional committees at least 15 days before such effective date that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.

(2)Additional suspensions

The President may suspend the effective date under subsection (a) for additional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.

(c)Other authorities

(1)Suspension

After this subchapter and the amendments of this subchapter have taken effect—

(A)no person shall acquire a property interest in any potential or pending action under this subchapter; and

(B)the President may suspend the right to bring an action under this subchapter with respect to confiscated property for a period of not more than 6 months if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the suspension takes effect that such suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.

(2)Additional suspensions

The President may suspend the right to bring an action under this subchapter for additional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.

(3)Pending suits

The suspensions of actions under paragraph (1) shall not affect suits commenced before the date of such suspension, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if the suspension had not occurred.

(d)Rescission of suspension

The President may rescind any suspension made under subsection (b) or (c) upon reporting to the appropriate congressional committees that doing so will expedite a transition to democracy in Cuba.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a) and (c)(1), was in the original “this title”, meaning title III of Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 814, which enacted this subchapter and section 1643l and 1643m of this title and amended section 1611 of Title 28, Judiciary and Judicial Procedure. For complete classification of title III to the Code, see Tables.

Executive Documents

Delegation of Authority To Suspend the Provisions of Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 Memorandum of President of the United States, Jan. 31, 2013, 78 F.R. 9573, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to you the authority to suspend the provisions of title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104–114; 22 U.S.C. 6021–6091), as authorized by section 306(c)(2) of the Act. You are authorized and directed to publish this memorandum in the Federal Register. Barack Obama.

§6085 Effective Date