Page:United States Statutes at Large Volume 106 Part 3.djvu/783

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2577 (A) means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba; and (B) does not include— (i) donations of food to nongovernmental organizations or individuals in Cuba, or (ii) exports of medicines or medical supplies, instruments, or equipment that would be permitted under section 1705(c). (3) APPLICABILITY OF SECTION.— Th is section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President makes and reports to the Congress a determination under section 1708(a). SEC. 1706. SUPPORT FOR THE CUBAN PEOPLE. 22 USC 6004. (a) PROVISIONS OF LAW AFFECTED. — The provisions of this section apply notwithstanding any other provision of law, including section 620(a) of the Foreign Assistance Act of 1961, and notwithstanding the exercise of authorities, before the enactment of this Act, under section 5(b) of the Trading With the Enemy Act, the International Emergency Economic Powers Act, or the Export Administration Act of 1979. (b) DONATIONS OF FOOD. — Nothing in this or any other Act shall prohibit donations of food to nongovernmental organizations or individuals in Cuba. (c) EXPORTS OF MEDICINES AND MEDICAL SUPPLIES. —Exports of medicines or medical supplies, instruments, or equipment to Cuba shall not be restricted— (1) except to the extent such restrictions would be permitted under section 5(m) of the Export Administration Act of 1979 or section 203(b)(2) of the International Emergency Economic Powers Act; (2) except in a case in which there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other human rights abuses; (3) except in a case in which there is a reasonable likelihood that the item to be exported will be reexported; and (4) except in a case in which the item to be exported could be used in the production of any biotechnological product. (d) REQUIREMENTS FOR CERTAIN EXPORTS.— (1) ONSITE VERIFICATIONS. —<A) Subject to subparagraph (B), an export may be made under subsection (c) only if the President determines that the United States Government is able to verify, by onsite inspections and other appropriate means, that the exported item is to be used for the purposes for which it was intended and only for the use and benefit of the Cuban people. (B) Subparagraph (A) does not apply to donations to nongovernmental organizations in Cuba of medicines for humanitarian purposes.

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