États-Unis/Cuba: Les interventions d’un empire, l’autodétermination d’un peuple

Annexe 3: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Loi Helms-Burton)

A n n e x e 3 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Loi Helms-Burton) 22 USCS Section § 6021-6091 (1996) Public Law 104-114 104th Congress An Act To seek international sanctions against the Castro government in Cuba, to plan for support of a transition government leading to a democratically elected government in Cuba, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE ; TABLE OF CONTENTS. (a) Short Title. – This Act may be cited as the ”Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996”. (b) Table of Contents. – The table of contents of this Act is as follows : Sec. 1. Short title ; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Severability. TITLE I – STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO GOVERNMENT Sec. 101. Statement of policy. Sec. 102. Enforcement of the economic embargo of Cuba. 266 États-Unis/Cuba Sec. 103. Prohibition against indirect financing of Cuba. Sec. 104. United States opposition to Cuban membership in international financial institutions. Sec. 105. United States opposition to termination of the suspension of the Cuban Government from participation in the Organization of American States. Sec. 106. Assistance by the independent states of the former Soviet Union for the Cuban Government. Sec. 107. Television broadcasting to Cuba. Sec. 108. Reports on commerce with, and assistance to, Cuba from other foreign countries. Sec. 109. Authorization of support for democratic and human rights groups and international observers. Sec. 110. Importation safeguard against certain Cuban products. Sec. 111. Withholding of foreign assistance from countries supporting Juragua nuclear plant in Cuba. Sec. 112. Reinstitution of family remittances and travel to Cuba. Sec. 113. Expulsion of criminals from Cuba. Sec. 114. News bureaus in Cuba. Sec. 115. Effect of Act on lawful United States Government activities. Sec. 116. Condemnation of Cuban attack on American aircraft. TITLE II – ASSISTANCE TO A FREE AND INDEPENDENT CUBA Sec. 201. Policy toward a transition government and a democratically elected government in Cuba. Sec. 202. Assistance for the Cuban people. Sec. 203. Coordination of assistance program ; implementation and reports to Congress ; reprogramming. Sec. 204. Termination of the economic embargo of Cuba. Sec. 205. Requirements and factors for determining a transition government. Sec. 206. Requirements for determining a democratically elected government. Sec. 207. Settlement of outstanding United States claims to confiscated property in Cuba. TITLE III – PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS Sec. 301. Findings. Sec. 302. Liability for trafficking in confiscated property claimed by United States nationals. Sec. 303. Proof of ownership of claims to confiscated property. Sec. 304. Exclusivity of Foreign Claims Settlement Commission certification procedure. Sec. 305. Limitation of actions. Sec. 306. Effective date. TITLE IV – EXCLUSION OF CERTAIN ALIENS Sec. 401. Exclusion from the United States of aliens who have confiscated property of United States nationals or who traffic in such property. Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Loi Helms-Burton) 267 SEC. 2. FINDINGS. The Congress makes the following findings : (1) The economy of Cuba has experienced a decline of at least 60 percent in the last 5 years as a result of (A) the end of its subsidization by the former Soviet Union of between 5 billion and 6 billion dollars annually ; (B) 36 years of communist tyranny and economic mismanagement by the Castro government ; (C) the extreme decline in trade between Cuba and the countries of the former Soviet bloc ; and (D) the stated policy of the Russian Government and the countries of the former Soviet bloc to conduct economic relations with Cuba on strictly commercial terms. (2) At the same time, the welfare and health of the Cuban people have substantially deteriorated as a result of this economic decline and the refusal of the Castro regime to permit free and fair democratic elections in Cuba. (3) The Castro regime has made it abundantly clear that it will not engage in any substantive political reforms that would lead to democracy, a market economy, or an economic recovery. (4) The repression of the Cuban people, including a ban on free and fair democratic elections, and continuing violations of fundamental human rights, have isolated the Cuban regime as the only completely non-democratic government in the Western Hemisphere. (5) As long as free elections are not...