22 U.S.C. § 6033

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 6033 - Prohibition against indirect financing of Cuba
(a) Prohibition

Notwithstanding any other provision of law, no loan, credit, or other financing may be extended knowingly by a United States national, a permanent resident alien, or a United States agency to any person for the purpose of financing transactions involving any confiscated property the claim to which is owned by a United States national as of March 12, 1996, except for financing by the United States national owning such claim for a transaction permitted under United States law.

(b) Suspension and termination of prohibition
(1) Suspension

The President is authorized to suspend the prohibition contained in subsection (a) upon a determination made under section 6063(c)(1) of this title that a transition government in Cuba is in power.

(2) Termination

The prohibition contained in subsection (a) shall cease to apply on the date on which the economic embargo of Cuba terminates as provided in section 6064 of this title.

(c) Penalties

Violations of subsection (a) shall be punishable by such civil penalties as are applicable to violations of the Cuban Assets Control Regulations set forth in part 515 of title 31, Code of Federal Regulations.

(d) Definitions

As used in this section-

(1) the term "permanent resident alien" means an alien lawfully admitted for permanent residence into the United States; and
(2) the term "United States agency" has the meaning given the term "agency" in section 551(1) of title 5.

22 U.S.C. § 6033

Pub. L. 104-114, title I, §103, Mar. 12, 1996, 110 Stat. 794.
United States national
The term "United States national" means-(A) any United States citizen; or(B) any other legal entity which is organized under the laws of the United States, or of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States, and which has its principal place of business in the United States.
economic embargo of Cuba
The term "economic embargo of Cuba" refers to-(A) the economic embargo (including all restrictions on trade or transactions with, and travel to or from, Cuba, and all restrictions on transactions in property in which Cuba or nationals of Cuba have an interest) that was imposed against Cuba pursuant to section 2370(a) of this title, section 4305(b) of title 50, the Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following), or any other provision of law; and(B) the restrictions imposed by section 902(c) of the Food Security Act of 1985.
knowingly
The term "knowingly" means with knowledge or having reason to know.
person
The term "person" means any person or entity, including any agency or instrumentality of a foreign state.
property
The term "property" means any property (including patents, copyrights, trademarks, and any other form of intellectual property), whether real, personal, or mixed, and any present, future, or contingent right, security, or other interest therein, including any leasehold interest.
transition government in Cuba
The term "transition government in Cuba" means a government that the President determines is a transition government consistent with the requirements and factors set forth in section 6065 of this title.