Page:United States Statutes at Large Volume 110 Part 1.djvu/847

 PUBLIC LAW 104-114—MAR. 12, 1996 110 STAT. 823 (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 tfie 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)(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 an5^hing of value, other than for routine maintenance), or begins after the date of the enactment of this Act 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

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