Page:United States Statutes at Large Volume 110 Part 1.djvu/814

 110 STAT. 790 PUBLIC LAW 104-114 —MAR. 12, 1996 agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to "a foreign state" deemed to be a reference to "Cuba". (6) DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA. —The term "democratically elected government in Cuba" means a government determined by the President to have met the requirements of section 206. (7) ECONOMIC EMBARGO OF CUBA.— The term "economic embargo of Cuba" refers to— (A) the economic embargo (including all restrictions on trade or transactions with, and travel to or from, Cuba, and all restrictions on transactions in property in which Cuba or nationals of Cuba have an interest) that was imposed against Cuba pursuant to section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), the Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following), or any other provision of law; and (B) the restrictions imposed by section 902(c) of the Food Security Act of 1985. (8) FOREIGN NATIONAL.— The term "foreign national" means— (A) an alien; or (B) any corporation, trust, partnership, or other juridical entity not organized under the laws of the United States, or of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States. (9) KNOWINGLY.— The term "knowingly" means with knowledge or having reason to know. (10) OFFICIAL OF THE CUBAN GOVERNMENT OR THE RULING POLITICAL PARTY IN CUBA.— The term "official of the Cuban Government or the ruling political party in Cuba" refers to any member of the Council of Ministers, Council of State, central committee of the Communist Party of Cuba, or the Politburo of Cuba, or their equivalents. (11) PERSON.— The term "person" means any person or entity, including any agency or instrumentality of a foreign state. (12) PROPERTY.— (A) The term "property" means any property (including patents, copyrights, trademarks, and any other form of intellectual property), whether real, personal, or mixed, and any present, future, or contingent right, security, or other interest therein, including any leasehold interest. (B) For purposes of title III of this Act, the term "property" does not include real property used for residential purposes unless, as of the date of the enactment of this Act— (i) the claim to the property is held by a United States national and the claim has been certified under title V of the International Claims Settlement Act of 1949; or (ii) the property is occupied by an official of the Cuban Government or the ruling political party in Cuba. (13) TRAFFICS.—(A) As used in title III, and except as provided in subparagraph (B), a person "traffics" in confiscated property if that person knowingly and intentionally—

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