Page 1415 TITLE 22—FOREIGN RELATIONS and INTERCOURSE § 6045

Page 1415 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6045

The Cooperative Threat Reduction Act of 1993, re- right of association, and other fundamental ferred to in subsec. (b)(2)(E), is title XII of div. A of freedoms. Pub. L. 103–160, Nov. 30, 1993, 107 Stat. 1777, which is classified generally to chapter 68A (§ 5951 et seq.) of this (Pub. L. 104–114, title I, § 112, Mar. 12, 1996, 110 title. For complete classification of this Act to the Stat. 802.) Code, see Short Title note set out under section 5951 of this title and Tables. § 6043. Expulsion of criminals from Cuba The Foreign Assistance Act of 1961, referred to in sub- The President shall instruct all United States sec. (b)(3), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified principally to chapter 32 Government officials who engage in official con- (§ 2151 et seq.) of this title. For complete classification tacts with the Cuban Government to raise on a of this Act to the Code, see Short Title note set out regular basis the extradition of or rendering to under section 2151 of this title and Tables. the United States all persons residing in Cuba The Arms Export Control Act, referred to in subsec. who are sought by the United States Depart- (b)(3), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as ment of Justice for crimes committed in the amended, which is classified principally to chapter 39 United States. (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out (Pub. L. 104–114, title I, § 113, Mar. 12, 1996, 110 under section 2751 of this title and Tables. Stat. 803.) The Agricultural Trade Development and Assistance Act of 1954, referred to in subsec. (b)(3), is act July 10, § 6044. News bureaus in Cuba 1954, ch. 469, 68 Stat. 454, as amended. Titles I and III (a) Establishment of news bureaus of the Act are classified generally to subchapters II (§ 1701 et seq.) and III–A (§ 1727 et seq.), respectively, of The President is authorized to establish and chapter 41 of Title 7, Agriculture. For complete classi- implement an exchange of news bureaus between fication of this Act to the Code, see Short Title note the United States and Cuba, if the exchange set out under section 1691 of Title 7 and Tables. meets the following conditions: The FREEDOM Support Act, referred to in subsec. (1) The exchange is fully reciprocal. (b)(3), is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320, as (2) The Cuban Government agrees not to amended, also known as the Freedom for Russia and Emerging Eurasian Democracies and Open Markets interfere with the establishment of news bu- Support Act of 1992. For complete classification of this reaus or with the movement in Cuba of jour- Act to the Code, see Short Title note set out under sec- nalists of any United States-based news orga- tion 5801 of this title and Tables. nizations, including Radio Marti and Tele- vision Marti. CHANGE OF NAME (3) The Cuban Government agrees not to General Accounting Office redesignated Government interfere with decisions of United States-based Accountability Office by section 8 of Pub. L. 108–271, set news organizations with respect to individuals out as a note under section 702 of Title 31, Money and assigned to work as journalists in their news Finance. bureaus in Cuba. TRANSFER OF FUNCTIONS (4) The Department of the Treasury is able to ensure that only accredited journalists reg- United States Information Agency (other than Broad- ularly employed with a news gathering organi- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to zation travel to Cuba under this subsection. Secretary of State, see sections 6531 and 6532 of this (5) The Cuban Government agrees not to title. interfere with the transmission of tele- communications signals of news bureaus or § 6042. Reinstitution of family remittances and with the distribution within Cuba of publica- travel to Cuba tions of any United States-based news organi- zation that has a news bureau in Cuba. It is the sense of the Congress that the Presi- dent should— (b) Assurance against espionage (1)(A) before considering the reinstitution of In implementing this section, the President general licenses for family remittances to shall take all necessary steps to ensure the safe- Cuba, insist that, prior to such reinstitution, ty and security of the United States against es- the Cuban Government permit the unfettered pionage by Cuban journalists it believes to be operation of small businesses fully empowered working for the intelligence agencies of the with the right to hire others to whom they Cuban Government. may pay wages and to buy materials necessary (c) Fully reciprocal in the operation of the businesses, and with As used in subsection (a)(1) of this section, the such other authority and freedom as are re- term ‘‘fully reciprocal’’ means that all news quired to foster the operation of small busi- services, news organizations, and broadcasting nesses throughout Cuba; and services, including such services or organiza- (B) if licenses described in subparagraph (A) tions that receive financing, assistance, or other are reinstituted, require a specific license for support from a governmental or official source, remittances described in subparagraph (A) in are permitted to establish and operate a news amounts of more than $500; and bureau in the United States and Cuba. (2) before considering the reinstitution of general licenses for travel to Cuba by individ- (Pub. L. 104–114, title I, § 114, Mar. 12, 1996, 110 uals resident in the United States who are Stat. 803.) family members of Cuban nationals who are § 6045. Effect of chapter on lawful United States resident in Cuba, insist on such actions by the Government activities Cuban Government as abrogation of the sanc- tion for departure from Cuba by refugees, re- Nothing in this chapter prohibits any lawfully lease of political prisoners, recognition of the authorized investigative, protective, or intel-

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ligence activity of a law enforcement agency, or la Pena, and Armando Alejandre, were United of an intelligence agency, of the United States. States citizens from Miami flying with Broth- (Pub. L. 104–114, title I, § 115, Mar. 12, 1996, 110 ers to the Rescue on a voluntary basis. Stat. 803.) (13) It is incumbent upon the United States Government to protect the lives and liveli- REFERENCES IN TEXT hoods of United States citizens as well as the This chapter, referred to in text, was in the original rights of free passage and humanitarian mis- ‘‘this Act’’, meaning Pub. L. 104–114, Mar. 12, 1996, 110 sions. Stat. 785, known as the Cuban Liberty and Democratic (14) This premeditated act took place after a Solidarity (LIBERTAD) Act of 1996, which is classified week-long wave of repression by the Cuban principally to this chapter. For complete classification Government against Concilio Cubano, an um- of this Act to the Code, see Short Title note set out brella organization of human rights activists, under section 6021 of this title and Tables. dissidents, independent economists, and inde- § 6046. Condemnation of Cuban attack on Amer- pendent journalists, among others. ican aircraft (15) The wave of repression against Concilio Cubano, whose membership is committed to (a) Findings peaceful democratic change in Cuba, included The Congress makes the following findings: arrests, strip searches, house arrests, and in (1) Brothers to the Rescue is a Miami-based some cases sentences to more than 1 year in humanitarian organization engaged in search- jail. ing for and aiding Cuban refugees in the (b) Statements by Congress Straits of Florida, and was engaged in such a mission on Saturday, February 24, 1996. (1) The Congress strongly condemns the act of (2) The members of Brothers to the Rescue terrorism by the Castro regime in shooting down were flying unarmed and defenseless planes in the Brothers to the Rescue aircraft on February a mission identical to hundreds they have 24, 1996. flown since 1991 and posed no threat whatso- (2) The Congress extends its condolences to ever to the Cuban Government, the Cuban the families of Pablo Morales, Carlos Costa, military, or the Cuban people. Mario de la Pena, and Armando Alejandre, the (3) Statements by the Cuban Government victims of the attack. that Brothers to the Rescue has engaged in co- (3) The Congress urges the President to seek, vert operations, bombing campaigns, and com- in the International Court of Justice, indict- mando operations against the Government of ment for this act of terrorism by Fidel Castro. Cuba have no basis in fact. (Pub. L. 104–114, title I, § 116, Mar. 12, 1996, 110 (4) The Brothers to the Rescue aircraft noti- Stat. 803.) fied air traffic controllers as to their flight plans, which would take them south of the SUBCHAPTER II—ASSISTANCE TO FREE 24th parallel and close to Cuban airspace. AND INDEPENDENT CUBA (5) International law provides a nation with § 6061. Policy toward transition government and airspace over the 12-mile territorial sea. (6) The response of Fidel Castro’s dictator- democratically elected government in Cuba ship to Saturday’s afternoon flight was to The policy of the United States is as follows: scramble 2 fighter jets from a Havana airfield. (1) To support the self-determination of the (7) At approximately 3:24 p.m., the pilot of Cuban people. one of the Cuban MiGs received permission (2) To recognize that the self-determination and proceeded to shoot down one Brothers to of the Cuban people is a sovereign and na- the Rescue airplane more than 6 miles north tional right of the citizens of Cuba which must of the Cuban exclusion zone, or 18 miles from be exercised free of interference by the govern- the Cuban coast. ment of any other country. (8) Approximately 7 minutes later, the pilot (3) To encourage the Cuban people to em- of the Cuban fighter jet received permission power themselves with a government which and proceeded to shoot down the second Broth- reflects the self-determination of the Cuban ers to the Rescue airplane almost 18.5 miles people. north of the Cuban exclusion zone, or 30.5 (4) To recognize the potential for a difficult miles from the Cuban coast. transition from the current regime in Cuba (9) The Cuban dictatorship, if it truly felt that may result from the initiatives taken by threatened by the flight of these unarmed air- the Cuban people for self-determination in re- craft, could have and should have pursued sponse to the intransigence of the Castro re- other peaceful options as required by inter- gime in not allowing any substantive political national law. or economic reforms, and to be prepared to (10) The response chosen by Fidel Castro, the provide the Cuban people with humanitarian, use of lethal force, was completely inappropri- developmental, and other economic assistance. ate to the situation presented to the Cuban (5) In solidarity with the Cuban people, to Government, making such actions a blatant provide appropriate forms of assistance— and barbaric violation of international law (A) to a transition government in Cuba; and tantamount to cold-blooded murder. (B) to facilitate the rapid movement from (11) There were no survivors of the attack on such a transition government to a democrat- these aircraft, and the crew of a third aircraft ically elected government in Cuba that re- managed to escape this criminal attack by sults from an expression of the self-deter- Castro’s Air Force. mination of the Cuban people; and (12) The crew members of the destroyed (C) to support such a democratically elect- planes, Pablo Morales, Carlos Costa, Mario de ed government.

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