Cuban Democracy Act of 1992 (CDA), 22 U.S.C. §§ 6001-6010 [Selected Provisions]

Date issued: Oct. 23 1992

TURBOFAC Commentary (255 words)

Notes:

OFAC cites the following statutory authorities as the basis for the CACR, initially issued in 1963 pursuant to TWEA.

*Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA), 22 U.S.C. §§ 7201-7211
*Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 18 U.S.C. § 2332d
*Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, 22 U.S.C. §§ 6021-6091
*Cuban Democracy Act of 1992 (CDA), 22 U.S.C. §§ 6001-6010
*Sections 5 and 16 of the Trading With the Enemy Act (TWEA), 50 U.S.C. App. §§ 5, 16

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The CDA does not impact ordinary sanctions compliance with respect to Cuba in any way that is not evident from the CACR itself, but it plays a role in the current constitution of the CACR, codifying certain provisions of those regulations, and thereby limiting extent to which OFAC can act. They are as follows:

1: 515.206(b); exempting (rather than licensing) "transactions incident to the donation of food to nongovernmental organizations or individuals in Cuba."
2) 515.533(a) (insofar as the export is of "medicines and medical supplies," 515.559(a)(2).
3) 515.542 (re: telecommunications services and facilities, payments therefor).
4) 515.559 (Certain export and import transactions by U.S.-owned or -controlled foreign firms).
5) 515.207 (Entry of vessels engaged in trade with Cuba).
6) 515.570(e). There would probably be no cap on remittances for the purpose of travelling to the United States but for the requirement of the CDA.