{"identifier":"/us/usc/t22/s6023","title":22,"num":"\u00a7\u202f6023.","heading":"Definitions","text":"\u00a7\u202f6023.\nDefinitions\nAs used in this chapter, the following terms have the following meanings:\n(1)\nAgency or instrumentality of a foreign state\nThe term \u201cagency or instrumentality of a foreign state\u201d has the meaning given that term in\nsection 1603(b) of title 28\n(2)\nAppropriate congressional committees\nThe term \u201cappropriate congressional committees\u201d means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.\n(3)\nCommercial activity\nThe term \u201ccommercial activity\u201d has the meaning given that term in\nsection 1603(d) of title 28\n(4)\nConfiscated\nAs used in subchapters I and III, the term \u201cconfiscated\u201d refers to\u2014\n(A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after\n(i) without the property having been returned or adequate and effective compensation provided; or\n(ii) without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and\n(B) the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure of the Cuban Government to pay, on or after\n(i) a debt of any enterprise which has been nationalized, expropriated, or otherwise taken by the Cuban Government;\n(ii) a debt which is a charge on property nationalized, expropriated, or otherwise taken by the Cuban Government; or\n(iii) a debt which was incurred by the Cuban Government in satisfaction or settlement of a confiscated property claim.\n(5)\nCuban Government\n(A) The term \u201cCuban Government\u201d includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.\n(B) For purposes of subparagraph (A), the term \u201cagency or instrumentality of the Government of Cuba\u201d means an agency or instrumentality of a foreign state as defined in\nsection 1603(b) of title 28\n(6)\nDemocratically elected government in Cuba\nThe term \u201cdemocratically elected government in Cuba\u201d means a government determined by the President to have met the requirements of\nsection 6066 of this title\n(7)\nEconomic embargo of Cuba\nThe term \u201ceconomic embargo of Cuba\u201d refers to\u2014\n(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\nsection 2370(a) of this title\nsection 4305(b) of title 50\n22 U.S.C. 6001\n(B) the restrictions imposed by section 902(c) of the Food Security Act of 1985.\n(8)\nForeign national\nThe term \u201cforeign national\u201d means\u2014\n(A) an alien; or\n(B) any corporation, trust, partnership, or other juridical entity not 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.\n(9)\nKnowingly\nThe term \u201cknowingly\u201d means with knowledge or having reason to know.\n(10)\nOfficial of the Cuban Government or the ruling political party in Cuba\nThe term \u201cofficial of the Cuban Government or the ruling political party in Cuba\u201d refers to any member of the Council of Ministers, Council of State, central committee of the Communist Party of Cuba, or the Politburo of Cuba, or their equivalents.\n(11)\nPerson\nThe term \u201cperson\u201d means any person or entity, including any agency or instrumentality of a foreign state.\n(12)\nProperty\n(A) The term \u201cproperty\u201d 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.\n(B) For purposes of subchapter III of this chapter, the term \u201cproperty\u201d does not include real property used for residential purposes unless, as of\n(i) the claim to the property is held by a United States national and the claim has been certified under title V of the International Claims Settlement Act of 1949 [\n22 U.S.C. 1643\n(ii) the property is occupied by an official of the Cuban Government or the ruling political party in Cuba.\n(13)\nTraffics\n(A) As used in subchapter III, and except as provided in subparagraph (B), a person \u201ctraffics\u201d in confiscated property if that person knowingly and intentionally\u2014\n(i) sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an interest in confiscated property,\n(ii) engages in a commercial activity using or otherwise benefiting from confiscated property, or\n(iii) causes, directs, participates in, or profits from, trafficking (as described in clause (i) or (ii)) by another person, or otherwise engages in trafficking (as described in clause (i) or (ii)) through another person,\nwithout the authorization of any United States national who holds a claim to the property.\n(B) The term \u201ctraffics\u201d does not include\u2014\n(i) the delivery of international telecommunication signals to Cuba;\n(ii) the trading or holding of securities publicly traded or held, unless the trading is with or by a person determined by the Secretary of the Treasury to be a specially designated national;\n(iii) transactions and uses of property incident to lawful travel to Cuba, to the extent that such transactions and uses of property are necessary to the conduct of such travel; or\n(iv) transactions and uses of property by a person who is both a citizen of Cuba and a resident of Cuba, and who is not an official of the Cuban Government or the ruling political party in Cuba.\n(14)\nTransition government in Cuba\nThe term \u201ctransition government in Cuba\u201d means a government that the President determines is a transition government consistent with the requirements and factors set forth in\nsection 6065 of this title\n(15)\nUnited States national\nThe term \u201cUnited States national\u201d means\u2014\n(A) any United States citizen; or\n(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.","url":"https://projectusc.org/usc/t22/s6023.html","content":[{"t":"sec","id":"/us/usc/t22/s6023","children":[{"t":"num","text":"\u00a7\u202f6023."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter, the following terms have the following meanings:"},{"t":"para","id":"/us/usc/t22/s6023/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Agency or instrumentality of a foreign state"},{"t":"content","children":[{"t":"p","text":"The term \u201cagency or instrumentality of a foreign state\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 1603(b) of title 28","href":"/us/usc/t28/s1603/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Appropriate congressional committees"},{"t":"content","children":[{"t":"p","text":"The term \u201cappropriate congressional committees\u201d means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Commercial activity"},{"t":"content","children":[{"t":"p","text":"The term \u201ccommercial activity\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 1603(d) of title 28","href":"/us/usc/t28/s1603/d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Confiscated"},{"t":"chapeau","text":"As used in subchapters I and III, the term \u201cconfiscated\u201d refers to\u2014"},{"t":"subpara","id":"/us/usc/t22/s6023/4/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after ","children":[{"t":"text","text":"January 1, 1959","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t22/s6023/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" without the property having been returned or adequate and effective compensation provided; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s6023/4/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure of the Cuban Government to pay, on or after ","children":[{"t":"text","text":"January 1, 1959","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t22/s6023/4/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a debt of any enterprise which has been nationalized, expropriated, or otherwise taken by the Cuban Government;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/4/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a debt which is a charge on property nationalized, expropriated, or otherwise taken by the Cuban Government; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/4/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a debt which was incurred by the Cuban Government in satisfaction or settlement of a confiscated property claim.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Cuban Government"},{"t":"subpara","id":"/us/usc/t22/s6023/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The term \u201cCuban Government\u201d includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s6023/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" For purposes of subparagraph (A), the term \u201cagency or instrumentality of the Government of Cuba\u201d means an agency or instrumentality of a foreign state as defined in ","children":[{"t":"ref","text":"section 1603(b) of title 28","href":"/us/usc/t28/s1603/b","tail":", with each reference in such section to \u201ca foreign state\u201d deemed to be a reference to \u201cCuba\u201d."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Democratically elected government in Cuba"},{"t":"content","children":[{"t":"p","text":"The term \u201cdemocratically elected government in Cuba\u201d means a government determined by the President to have met the requirements of ","children":[{"t":"ref","text":"section 6066 of this title","href":"/us/usc/t22/s6066","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Economic embargo of Cuba"},{"t":"chapeau","text":"The term \u201ceconomic embargo of Cuba\u201d refers to\u2014"},{"t":"subpara","id":"/us/usc/t22/s6023/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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 ","children":[{"t":"ref","text":"section 2370(a) of this title","href":"/us/usc/t22/s2370/a","tail":", "},{"t":"ref","text":"section 4305(b) of title 50","href":"/us/usc/t50/s4305/b","tail":", the Cuban Democracy Act of 1992 ("},{"t":"ref","text":"22 U.S.C. 6001","href":"/us/usc/t22/s6001","tail":" and following), or any other provision of law; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s6023/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the restrictions imposed by section 902(c) of the Food Security Act of 1985.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Foreign national"},{"t":"chapeau","text":"The term \u201cforeign national\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s6023/8/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an alien; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s6023/8/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any corporation, trust, partnership, or other juridical entity not 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Knowingly"},{"t":"content","children":[{"t":"p","text":"The term \u201cknowingly\u201d means with knowledge or having reason to know.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Official of the Cuban Government or the ruling political party in Cuba"},{"t":"content","children":[{"t":"p","text":"The term \u201cofficial of the Cuban Government or the ruling political party in Cuba\u201d refers to any member of the Council of Ministers, Council of State, central committee of the Communist Party of Cuba, or the Politburo of Cuba, or their equivalents.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d means any person or entity, including any agency or instrumentality of a foreign state.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Property"},{"t":"subpara","id":"/us/usc/t22/s6023/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The term \u201cproperty\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s6023/12/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" For purposes of subchapter III of this chapter, the term \u201cproperty\u201d does not include real property used for residential purposes unless, as of ","children":[{"t":"text","text":"March 12, 1996","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t22/s6023/12/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the claim to the property is held by a United States national and the claim has been certified under title V of the International Claims Settlement Act of 1949 [","children":[{"t":"ref","text":"22 U.S.C. 1643","href":"/us/usc/t22/s1643","tail":" et seq.]; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/12/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the property is occupied by an official of the Cuban Government or the ruling political party in Cuba.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Traffics"},{"t":"subpara","id":"/us/usc/t22/s6023/13/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" As used in subchapter III, and except as provided in subparagraph (B), a person \u201ctraffics\u201d in confiscated property if that person knowingly and intentionally\u2014"},{"t":"clause","id":"/us/usc/t22/s6023/13/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an interest in confiscated property,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/13/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" engages in a commercial activity using or otherwise benefiting from confiscated property, or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/13/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" causes, directs, participates in, or profits from, trafficking (as described in clause (i) or (ii)) by another person, or otherwise engages in trafficking (as described in clause (i) or (ii)) through another person,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"without the authorization of any United States national who holds a claim to the property.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s6023/13/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" The term \u201ctraffics\u201d does not include\u2014"},{"t":"clause","id":"/us/usc/t22/s6023/13/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the delivery of international telecommunication signals to Cuba;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/13/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the trading or holding of securities publicly traded or held, unless the trading is with or by a person determined by the Secretary of the Treasury to be a specially designated national;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/13/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" transactions and uses of property incident to lawful travel to Cuba, to the extent that such transactions and uses of property are necessary to the conduct of such travel; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s6023/13/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" transactions and uses of property by a person who is both a citizen of Cuba and a resident of Cuba, and who is not an official of the Cuban Government or the ruling political party in Cuba.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Transition government in Cuba"},{"t":"content","children":[{"t":"p","text":"The term \u201ctransition government in Cuba\u201d means a government that the President determines is a transition government consistent with the requirements and factors set forth in ","children":[{"t":"ref","text":"section 6065 of this title","href":"/us/usc/t22/s6065","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s6023/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"United States national"},{"t":"chapeau","text":"The term \u201cUnited States national\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s6023/15/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any United States citizen; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s6023/15/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}