Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

TABLE OF CONTENTS: Title I: Strengthening International Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of Property Rights of United States Nationals Title IV: Exclusion of Certain Aliens Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 - Title I: Strengthening International Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the acts of the Castro government, including systematic human rights violations, are a threat to international peace; (2) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; (3) efforts by any independent state of the former Soviet Union to make operational any nuclear facility in Cuba, and any continuation by such state of intelligence activities from Cuba targeted at the United States and its citizens, will have a detrimental impact on U.S. assistance to such state; and (4) the completion of any nuclear facility, or the political manipulation of the desire of Cubans to escape that results in mass migration to the United States, will be considered an act of aggression against the United States which will be met with an appropriate response. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Requires the President to instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. Amends the Trading with the Enemy Act to repeal the exemption from its civil penalties for news gathering, research, export and import of informational materials, certain educational or religious activities, and certain activities of human rights organizations. Expresses the sense of the Congress that the President should instruct the Secretary of State and the Attorney General to enforce existing regulations that deny visas to Cuban Government employees or Cuban members of the Communist Party of Cuba. Amends the Cuban Democracy Act of 1992, with respect to sanctions against a country that provides assistance to Cuba, to include as such assistance any exchange, reduction, or forgiveness of Cuban debt owed to a country in return for a grant of an equity interest in a property, investment, or operation of the Cuban Government or a Cuban national (debt-for-equity swap). Declares that nothing in this Act shall be construed to authorize investment (including donations and loans) by any U.S. person in the domestic telecommunications network in Cuba. Requires the President to report semiannually to the Congress with respect to payments made to Cuba by any U.S. person as a result of the provision of telecommunications services. (Sec. 103) Prohibits any U.S. national, permanent resident alien, or U.S. agency from knowingly extending any loan or other financing to any person in order to finance transactions involving property confiscated by the Cuban Government, the claim to which is owned by a U.S. national. Excepts from this prohibition any financing by the owner of the claim for a transaction permitted by U.S. law. Authorizes the President to terminate such prohibition upon: (1) installation of a transition government in Cuba; or (2) termination of the economic embargo of Cuba. Sets forth penalties for violation of such prohibition. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until the President determines that a democratically-elected government is in power in Cuba. Urges the President to support Cuba's application for membership in such institutions during the period that a transition government is in power, subject to the membership's taking effect after a democratically-elected government is in power. Authorizes the Secretary to instruct the U.S. executive directors of the international financial institutions to support loans or other assistance to Cuba only if it will contribute to a stable foundation for a democratically-elected government there. Requires the Secretary to withhold U.S. payments for specified portions of the increase in their capital stock from institutions that approve assistance to Cuba over U.S. opposition. (Sec. 105) Urges the President to instruct the U.S. Permanent Representative to the Organization of American States (OAS) to oppose and vote against any termination of the suspension of Cuba from the OAS until the President determines that a democratically-elected government is in power there. (Sec. 106) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance (except assistance under the secondary school exchange program administered by the United States Information Agency (USIA)) any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Expresses strong disapproval of Russia's extension of credits equivalent to $200 million in support of the intelligence facility at Lourdes, Cuba. Directs the President to withhold from assistance provided for an independent state of the former Soviet Union an amount equal to the assistance and credits provided by such state in support of intelligence facilities in Cuba, including the one at Lourdes. Authorizes the President to waive the requirement to withhold such assistance if specified conditions are met, including certification that the Russian Government is not sharing with the Cuban Government intelligence data collected at Lourdes. Requires the President to report to the appropriate congressional committees on the intelligence activities of Russia in Cuba. (Sec. 107) Requires the Director of the USIA to convert television broadcasting to Cuba under the Television Marti Service to ultra high frequency (UHF) broadcasting. Repeals the Television Broadcasting to Cuba Act and the Radio Broadcasting to Cuba Act upon the election of a democratically-elected government in Cuba. (Sec. 108) Directs the President to report annually to the appropriate congressional committees on commerce with, and assistance to, Cuba from other foreign countries. (Sec. 109) Authorizes the President to furnish assistance and other support for individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba. Directs the President to take steps to encourage the OAS to create a special emergency fund for the purpose of deploying human rights observers, election support, and election observation in Cuba. Urges the President to instruct the U.S. Permanent Representative to the OAS to encourage other OAS member states to join in calling for the Cuban Government to allow the immediate deployment of independent OAS human rights monitors throughout Cuba and on-site visits to Cuba by the Inter-American Commission on Human Rights. Urges the President to provide not less than $5 million of the U.S. voluntary contribution to the OAS solely for the purposes of the special fund. Requires the President to ensure that no assistance be provided to the Cuban Government.(Sec. 110) Declares that the Congress notes: (1) the prohibition on the entry of, and dealings outside the United States in, Cuban-origin merchandise; (2) that the U.S. accession to the North American Free Trade Agreement (NAFTA) does not alter the U.S. sanctions against Cuba; and (3) that the Food Security Act of 1985 requires the President not to allocate any of the sugar import quota to a country that is a net importer of sugar unless that country can verify to the President that it does not import Cuban sugar for re- export to the United States. (Sec. 111) Directs the President to withhold the allocation of assistance, with specified exceptions, for any country in an amount equal to the sum of assistance and credits, if any, provided by such country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba. (Sec. 112) Expresses the sense of the Congress with respect to conditions for the reinstitution of general licenses for family remittances and travel to Cuba. (Sec. 113) Directs the President to instruct all U.S. Government officials who engage in official contacts with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States all persons residing in Cuba who are sought by the U.S. Department of Justice for crimes committed in the United States. (Sec. 114) Authorizes the President to establish an exchange of news bureaus between the United States and Cuba if certain conditions exist. (Sec. 115) Declares that nothing in this Act prohibits any lawfully authorized investigation, protective, or intelligence activity of a U.S. law enforcement agency or intelligence agency. (Sec. 116) Condemns the act of terrorism by the Castro Regime in shooting down the Brothers to the Rescue aircraft on February 24, 1996. Extends Congress' condolences to the victims' families. Urges the President to seek an indictment in the International Court of Justice for this act of terrorism by Fidel Castro. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition government or democratically- elected government is in power. Limits assistance for a transition government to humanitarian assistance, assistance essential to the successful transition to democracy, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba. Requires the President, upon transmittal to specified congressional committees of a determination that a democratically- elected government is in power, to report on: (1) Cuban acts, policies, and practices which constitute barriers to, or distortions of, U.S. trade or foreign direct investment with Cuba; (2) U.S. policy objectives regarding trade relations with a democratically-elected government in Cuba; (3) specific U.S. trade negotiating objectives with Cuba, including specific objectives of NAFTA; and (4) proposed actions to be undertaken to achieve such policies and objectives. (Sec. 203) Requires the President, upon determining that a democratically-elected government is in power in Cuba, to designate a United States-Cuba Council to: (1) ensure coordination between the U.S. Government and the private sector in responding to change and promoting market-based development in Cuba; and (2) establish periodic meetings between the U.S. and Cuban private sectors for the purpose of facilitating bilateral trade. Requires the President, once he has sent the Congress a determination that a transition or a democratically-elected government is in power in Cuba, to report to appropriate congressional committees on the assistance provided to Cuba. (Sec. 204) Authorizes the President to take steps to: (1) suspend the U.S. economic embargo and application of certain other action against Cuba upon determining to the appropriate congressional committees that a transition government is in power in Cuba; and (2) terminate the embargo when a democratically-elected government is installed. Declares that any suspension or termination of the embargo shall cease to be effective upon enactment of a joint resolution disapproving such action. (Sec. 205) Sets forth conditions under which a government in Cuba will be considered transitional or democratically-elected. (Sec. 207) Directs the Secretary of State to report to appropriate congressional committees an assessment with respect to settlement of outstanding U.S. claims to confiscated property in Cuba. Expresses the sense of the Congress that the satisfactory resolution of such property claims by Cuba remains a condition for the resumption of economic and diplomatic relations between the United States and Cuba. Title III: Protection of Property Rights of United States Nationals - Makes any person that traffics in property confiscated by the Cuban Government on or after January 1, 1959, liable for money damages to any U.S. national who owns the claim to such property. Grants U.S. district courts jurisdiction over such actions where the amount in controversy exceeds $50,000. (Sec. 303) Requires district courts to accept as conclusive proof of ownership a certification of a claim to ownership that has been made by the Foreign Claims Settlement Commission pursuant to the International Claims Settlement Act of 1949. Amends such Act to authorize district courts, for fact-finding purposes, to refer to the Commission questions of the amount and ownership of a claim by a U.S. national resulting from the confiscation of property by Cuba, whether or not the U.S. national qualified as such at the time of the confiscation. (Sec. 304) Bars certain ineligible U.S. nationals (including eligible nationals who fail to file timely claims), or Cuban nationals, from having a claim to or participating in the compensation proceeds or nonmonetary compensation paid or allocated to a U.S. national by virtue of a claim certified by the Commission. (Sec. 305) Sets forth a two year statute of limitations for an action under this title. Title IV: Exclusion of Certain Aliens - Directs the Secretary of State to deny a visa to, and the Attorney General to exclude from the United States, aliens (including their spouses, minor children, or agents) involved in the confiscation of property, or the trafficking in confiscated property, owned by a U.S. national. Provides for a case-by-case waiver of this exclusion for medical reasons or for purposes of litigation of a claim.

TABLE OF CONTENTS: Title I: Strengthening International Sanctions Against the Castro Government Title II: Support for a Free and Independent Cuba Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Strengthening International Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the acts of the Castro government, including systematic human rights violations, are a threat to international peace; (2) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; (3) efforts by any independent state of the former Soviet Union to make the nuclear facility at Cienfuegos operational, and the continuation of intelligence activities from Cuba targeted at the United States, will have a detrimental impact on U.S. assistance to such state; and (4) the completion of any nuclear power facility, or the political manipulation of the desire of Cubans to escape that results in mass migration to the United States, will be considered an act of aggression against the United States which will be met with an appropriate response. (Sec. 102) Authorizes the President to: (1) furnish assistance to individuals and nongovernmental organizations to support democracy- building efforts in Cuba; but (2) take all necessary steps to ensure that no funds or other assistance are provided to the Castro government or any of its agencies or instrumentalities. (Sec. 103) Reaffirms a provision of the Cuban Democracy Act of 1992 which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Requires the President to instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. Amends the Cuban Democracy Act of 1992, with respect to sanctions against a country that provides assistance to Cuba, to include as such assistance any exchange, reduction, or forgiveness of Cuban debt owed to a country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba or of a Cuban national (debt-for-equity swap). (Sec. 104) Prohibits any U.S. national, permanent resident alien, or U.S. agency from knowingly extending any loan or other financing to a foreign or U.S. national in order to finance transactions involving property confiscated by the Cuban Government, the claim to which is owned by a U.S. national. Excepts from this prohibition any financing by the owner of the property or the claim to it for a permitted transaction. Authorizes the President to terminate such prohibition upon: (1) installation of a transition government in Cuba; or (2) termination of the economic embargo of Cuba. Sets forth penalties for violation of such prohibition. (Sec. 105) Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until the President determines that a democratically elected government is in power in Cuba. Urges the President to support Cuba's application for membership in such institutions during the period that a transition government is in power, subject to the membership's taking effect after a democratically elected government is in power. Authorizes the Secretary to instruct the U.S. executive directors of the international financial institutions to support loans or other assistance to Cuba only if it will contribute to a stable foundation for a democratically elected government there. Requires the Secretary to withhold U.S. payments for specified portions of the increase in their capital stock from institutions that approve assistance to Cuba over U.S. opposition. (Sec. 106) Urges the President to instruct the U.S. Permanent Representative to the Organization of American States (OAS) to oppose and vote against any termination of the suspension of Cuba from the OAS until the President determines that a democratically elected government is in power there. (Sec. 107) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance (except assistance under the secondary school exchange program administered by the United States Information Agency (USIA)) any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Expresses strong disapproval of Russia's extension of credits equivalent to $200 million in support of the intelligence facility at Lourdes, Cuba. Directs the President to withhold from assistance provided for an independent state an amount equal to the assistance and credits provided by such state in support of intelligence facilities in Cuba, including the one at Lourdes. Authorizes the President to waive the requirement to withhold such assistance if specified conditions are met, including certification that the Russian Government is not sharing with the Cuban Government intelligence data collected at Lourdes. Requires the President to report to the appropriate congressional committees on the intelligence activities of Russia in Cuba. (Sec. 108) Requires the Director of the USIA to convert television broadcasting to Cuba under the Television Marti Service to ultra high frequency (UHF) broadcasting. Repeals the Television Broadcasting to Cuba Act and the Radio Broadcasting to Cuba Act upon the election of a democratically elected government in Cuba. (Sec. 109) Directs the President to report annually to the appropriate congressional committees on commerce with, and assistance to, Cuba from other foreign countries. (Sec. 110) Declares that the Congress notes: (1) the prohibition on the entry of, and dealings outside the United States in, Cuban- origin merchandise; (2) that the U.S. accession to the North American Free Trade Agreement (NAFTA) does not alter the U.S. sanctions against Cuba; and (3) that a specified section of the Food Security Act of 1985 requires the President not to allocate any of the sugar import quota to a country that is a net importer of sugar unless that country can verify to the President that it does not import Cuban sugar for re-export to the United States. (Sec. 111) Expresses the sense of the Congress with respect to the reinstitution of the licensure for family remittances and travel to Cuba. (Sec. 112) Authorizes the President to establish an exchange of news bureaus between the United States and Cuba if certain conditions exist. (Sec. 113) Declares that nothing in this Act shall prohibit any lawfully authorized intelligence activity of a U.S. law enforcement agency or intelligence agency. Title II: Support for a Free and Independent Cuba - Authorizes the President to provide certain assistance to the Cuban people after a transition or a democratically elected government is in power there. Requires the President to develop a response plan detailing the manner in which such assistance shall be provided to the Cuban people. Limits such assistance for a transition government to humanitarian assistance. Encourages the President, in the event of a transition government, to remove or modify restrictions on remittances by individuals to their relatives of cash or humanitarian items. (Sec. 202) Expands assistance, when a democratically elected government is in power in Cuba, to include financing, guarantees, and other economic assistance to promote free market development and trade with the United States (as well as other specified assistance). Urges the President to take steps to obtain the agreement of other countries and multinational organizations to provide assistance to Cuba. Requires the President, upon transmittal to specified congressional committees of a determination that a democratically elected government is in power, to report on: (1) Cuban acts, policies, and practices which constitute barriers to, or distortions of, U.S. trade or foreign direct investment with Cuba; (2) U.S. policy objectives regarding trade relations with a democratically elected government in Cuba; (3) specific U.S. trade negotiating objectives with Cuba, including specific objectives of NAFTA; and (4) proposed actions to be undertaken to achieve such policies and objectives. (Sec. 203) Requires the President, once he has sent the Congress a determination that a transition or a democratically elected government is in power in Cuba, to report annually to appropriate congressional committees on the assistance provided to Cuba. (Sec. 204) Authorizes the President to take steps to: (1) suspend the U.S. economic embargo and application of certain other action against Cuba upon determining to the appropriate congressional committees that a transition government is in power in Cuba; and (2) terminate the embargo when a democratically elected government is installed. Declares that any suspension or termination of the embargo shall cease to be effective upon enactment of a joint resolution disapproving such action. (Sec. 205) Sets forth conditions under which a government in Cuba will be considered transitional or democratically elected. (Sec. 207) Prohibits certain U.S. and multilateral assistance to a transitional or democratically elected government in Cuba unless the President certifies to the Congress that Cuba is taking appropriate steps to provide for the return of, or compensation for, property confiscated by it from U.S. nationals. Requires the Secretary of State to report to appropriate congressional committees with respect to an assessment of the confiscated property in Cuba. Provides a waiver for such prohibitions if the President certifies to the Congress that it is in the vital interest of the United States. Expresses the sense of the Congress that the satisfactory resolution of such property claims by Cuba remains a condition for the resumption of economic and diplomatic relations between the United States and Cuba.

TABLE OF CONTENTS: Title I: Seeking Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of Property Rights of United States Nationals Against Confiscatory Takings By the Castro Regime Title IV: Exclusion of Certain Aliens Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. Amends the Cuban Democracy Act of 1992, with respect to sanctions against a country that provides assistance to Cuba, to include as such assistance any exchange, reduction, or forgiveness of Cuban debt owed to a country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba or of a Cuban national (debt-for-equity swap). (Sec. 103) Prohibits any U.S. national, permanent resident alien, or U.S. agency from knowingly extending any loan or other financing to a foreign national, U.S. national, or permanent resident alien, in order to finance transactions involving property confiscated by the Cuban Government the claim to which is owned by a U.S. national. Terminates such prohibition upon termination of the economic embargo of Cuba. Sets forth penalties for violation of such prohibition. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until the President submits a determination that a democratically elected government is in power in Cuba. Urges the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership's taking effect after a democratically-elected government is in power. Requires the Secretary of the Treasury to withhold U.S. payments from institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) Urges the President to instruct the U.S. Permanent Representative to the Organization of American States (OAS) to vote to oppose ending the suspension of Cuba from the OAS until the President determines that a democratically elected government is in power there. (Sec. 106) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance provided for an independent state an amount equal to the assistance and credits provided by such state in support of intelligence facilities in Cuba. Authorizes the President to waive the requirement to withhold such assistance if specified conditions are met. (Sec. 107) Requires the Director of the U.S. Information Agency to convert television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. Repeals the Television Broadcasting to Cuba Act and the Radio Broadcasting to Cuba Act upon the election of a democratically elected government in Cuba. (Sec. 108) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 109) Declares that the Congress reaffirms: (1) the prohibition on the importation of and dealings in Cuban-origin merchandise outside the United States; and (2) that U.S. accession to the North American Free Trade Agreement (NAFTA) does not alter the U.S. sanctions against Cuba. Declares that the Congress notes that a specified section of the Food Security Act of 1985 requires the President not to allocate any of the sugar import quota to a country that is a net importer of sugar unless that country can verify to the President that any imports of Cuban sugar are not reexported to the United States. Prohibits the importation of sugars, syrups, or molasses into the United States unless the exporter has certified to the Secretary of the Treasury that they are not a product of Cuba. Sets forth penalties for violations of such prohibition. (Sec. 110) Authorizes the President to furnish assistance to individuals and independent nongovernmental organizations to support democracy-building efforts for Cuba. Directs the President to take steps to encourage the OAS to create a special emergency fund for the purpose of deploying human rights observers, election support, and election observation in Cuba. Urges the President to instruct the U.S. Permanent Representative to the OAS to encourage other OAS member states to join in calling for the Cuban Government to allow the immediate deployment of independent OAS human rights monitors throughout Cuba and on-site visits to Cuba by the Inter-American Commission on Human Rights. Urges the President to provide not less than $5 million of the U.S. voluntary contribution to the OAS for the purposes of the special fund. (Sec. 111) Directs the President to withhold the allocation of assistance, with specified exceptions, for any country in an amount equal to the sum of assistance and credits, if any, provided by such country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba. (Sec. 112) Directs the President to instruct all U.S. Government officials who engage in official conduct with the Cuban Government to raise on a regular basis the extradition of or rendering to the United States of all persons residing in Cuba who are sought by the U.S. Department of Justice for crimes committed on the United States. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, specified assistance comparable to that provided under the Foreign Assistance Act of 1961 for the economic and democratic development of the independent states of the former Soviet Union, remittances by individuals to their relatives of cash or goods, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba. Directs the President to determine, as part of the assistance plan, whether or not to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Requires the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power, to: (1) extend nondiscriminatory trade treatment (most-favored-nation treatment) to Cuban products; (2) enter into a preliminary agreement with Cuba providing for extension of NAFTA or to seek the creation of an economic community with Cuba; and (3) take steps to encourage renewed investment in Cuba. (Sec. 203) Requires the President, upon determining than a democratically-elected government is in power in Cuba, to designate a United States-Cuba Council to: (1) ensure coordination between the U.S. Government and private sector in responding to change and promoting market-based development in Cuba; and (2) establish periodic meetings between the U.S. and Cuban private sectors for the purpose of facilitating bilateral trade. (Sec. 204) Authorizes appropriations. (Sec. 205) Authorizes the President to suspend the U.S. economic embargo against Cuba upon determining to the appropriate congressional committees that a democratically-elected government is in power in Cuba. Requires the President to notify the Congress of any action taken to suspend the economic embargo against Cuba. Declares that such suspension shall cease to be effective upon enactment of a joint resolution disapproving such action. (Sec. 206) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of Property Rights of United States Nationals Against Confiscatory Takings By the Castro Regime - Makes any person, including any agency or instrumentality of a foreign state, that traffics in confiscated property liable for money damages to any U.S. national who owns the claim to such property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Requires district courts to accept as conclusive proof of ownership a certification of a claim to ownership that has been made by the Foreign Claims Settlement Commission pursuant to the International Claims Settlement Act of 1949. Amends such Act to authorize district courts, for fact-finding purposes, to refer to the Commission questions of the amount and ownership of a claim by a U.S. national resulting from the confiscation of property by Cuba, whether or not the U.S. national qualifies as such at the time of the confiscation. (Sec. 304) Bars certain ineligible U.S. nationals, or Cuban nationals, from having a claim in the compensation paid to a U.S. national by virtue of a claim certified by the Commission. Title IV: Exclusion of Certain Aliens - Directs the Secretary of State to exclude from the United States aliens (or their spouses, minor children, or agents) involved in the confiscation of property, or the trafficking in confiscated property, owned by a U.S. national. Provides for case-by-case waiver of this exclusion in the national interest of the United States.

TABLE OF CONTENTS: Title I: Seeking Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of American Property Rights Abroad Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. (Sec. 103) Prohibits any U.S. person from extending any loan or other financing to a foreign person that traffics in property confiscated by the Cuban Government the claim to which is owned by a U.S. person. Terminates such prohibition upon termination of the economic embargo of Cuba. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until Cuba holds free and fair democratic elections. Requires the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership taking effect after a democratically-elected government is in power. Reduces U.S. payments to institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance allocated for an independent state an amount equal to the assistance and credits provided by such state in support of military and intelligence facilities in Cuba. (Sec. 106) Requires the Director of the U.S. Information Agency to implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. (Sec. 107) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 108) Prohibits the importation into U.S. customs territory of any sugars, syrups, and molasses that are the product of a country that has imported Cuban sugar, syrups, or molasses. Makes such prohibition inapplicable if such country certifies to the President that it will not import Cuban sugar, syrups, or molasses until free and fair elections are held in Cuba. Authorizes the President to reallocate to other countries the quota of sugars, syrups, and molasses allocated to such a country during the period in which a prohibition is in effect. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, specified assistance comparable to that provided under the Foreign Assistance Act of 1961 for the economic and democratic development of the independent states of the former Soviet Union, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to: (1) obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba; and (2) encourage the Organization of American States (OAS) to create a special emergency fund for deploying human rights observers and election support and observation in Cuba. Withholds up to $5 million of U.S. arrearages to the OAS until the OAS agrees to make available an equivalent amount for the special fund. Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Requires the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power, to: (1) enter into a preliminary agreement with Cuba providing for extension of the North American Free Trade Agreement or to seek the creation of an economic community with Cuba; and (2) designate a United States-Cuba Council to ensure coordination between the U.S. Government and private sector in responding to change and promoting market-based development in Cuba and to establish periodic meetings between the U.S. and Cuban private sectors for facilitating bilateral trade. (Sec. 204) Authorizes appropriations. (Sec. 205) Terminates the U.S. economic embargo against Cuba upon the President's transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba. (Sec. 206) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of American Property Rights Abroad - Amends the Immigration and Nationality Act to exclude from the United States aliens involved in the confiscation of property owned by U.S. persons. (Sec. 302) Sets forth provisions regarding liability for damages owed to U.S. persons by persons or governments trafficking in confiscated property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Amends the International Claims Settlement Act of 1949 to authorize a U.S. national to bring a claim resulting from expropriation actions of the Cuban Government to the Foreign Claims Settlement Commission for certification of the amount and validity whether or not the U.S. national qualified as a U.S. national at the time of the action. Requires claimants to be U.S. nationals at the time of confiscation in the case of property confiscated after the date of enactment of this section.