§ 6091. Exclusion from United States of aliens who have confiscated property of United States nationals or who traffic in such property
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(a)Grounds for exclusion The Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a person who, after March 12, 1996—
(1)has confiscated, or has directed or overseen the confiscation of, property a claim to which is owned by a United States national, or converts or has converted for personal gain confiscated property, a claim to which is owned by a United States national;
(2)traffics in confiscated property, a claim to which is owned by a United States national;
(3)is a corporate officer, principal, or shareholder with a controlling interest of an entity which has been involved in the confiscation of property or trafficking in confiscated property, a claim to which is owned by a United States national; or
(4)is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3).
(b)Definitions As used in this section, the following terms have the following meanings:
(1)Confiscated; confiscation The terms “confiscated” and “confiscation” refer to—
(A)the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property—
(i)without the property having been returned or adequate and effective compensation provided; or
(ii)without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and
(B)the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure of the Cuban Government to pay—
(i)a debt of any enterprise which has been nationalized, expropriated, or otherwise taken by the Cuban Government;
(ii)a debt which is a charge on property nationalized, expropriated, or otherwise taken by the Cuban Government; or
(iii)a debt which was incurred by the Cuban Government in satisfaction or settlement of a confiscated property claim.
(2)Traffics
(A)Except as provided in subparagraph (B), a person “traffics” in confiscated property if that person knowingly and intentionally—
(I)transfers, distributes, dispenses, brokers, or otherwise disposes of confiscated property,
(II)purchases, receives, obtains control of, or otherwise acquires confiscated property, or
(III)improves (other than for routine maintenance), invests in (by contribution of funds or anything of value, other than for routine maintenance), or begins after March 12, 1996, to manage, lease, possess, use, or hold an interest in confiscated property,
(ii)enters into a commercial arrangement using or otherwise benefiting from confiscated property, or
(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,
without the authorization of any United States national who holds a claim to the property.
(B)The term “traffics” does not include—
(i)the delivery of international telecommunication signals to Cuba;
(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;
(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
(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.
(c)Exemption This section shall not apply where the Secretary of State finds, on a case by case basis, that the entry into the United States of the person who would otherwise be excluded under this section is necessary for medical reasons or for purposes of litigation of an action under subchapter III.
(d)Effective date
(1)In general This section applies to aliens seeking to enter the United States on or after March 12, 1996.
(2)Trafficking This section applies only with respect to acts within the meaning of “traffics” that occur on or after March 12, 1996.
(Pub. L. 104–114, title IV, § 401, Mar. 12, 1996, 110 Stat. 822.)
Connections10 cite this · traces to 2
Cited by 10 sections
U.S. Code
statute-compilations
statutes-at-large
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
- Public Law 107–228To authorize appropriations for the Department of State for fiscal year 2003, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal year 2003, and for other purposes
- Public Law 104–114To 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
10 references not yet in our index
- Pub. L. 104–114, title IV, § 401
- 110 Stat. 822
- Pub. L. 104–114
- 110 Stat. 814
- Pub. L. 105–277, div. G
- 112 Stat. 2681–845
- Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 209(b)]
- 113 Stat. 1536
- Pub. L. 107–228, div. A, title II, § 216(b)
- 116 Stat. 1366
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§ 6091
Exclusion from United States of aliens who have confiscated property of United States nationals or who traffic in such property
Bills×3
Stat.×3
U.S.C.×3
Stat. Comp.×1
Pub. L.Pub. L. 104–114, title IV, § 401
Stat.110 Stat. 822
Pub. L.Pub. L. 104–114
Stat.110 Stat. 814
Pub. L.Pub. L. 105–277, div. G
Cites 12 · showing 7Cited by 10 across 4 sources