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H.R. 4168 (102nd): Cuban Democracy Act of 1992

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Feb 5, 1992.

Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba. Requires the President to direct the U.S. Trade Representative to enter into negotiations with governments that conduct trade with Cuba for purposes of securing the agreement of such countries to restrict trade and credit relations with Cuba in a manner consistent with U.S. policy. Makes countries that provide assistance to Cuba ineligible for: (1) assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) agreements with the United States for the establishment of free trade areas; (3) participation in the Enterprise for the Americas Initiative; and (4) forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has established democratic institutions through free and fair elections. Prohibits restrictions on the export to Cuba of medicines for humanitarian purposes. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba. Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Bars domestic concerns from receiving a tax deduction for the portion of the deductible expenses of such concerns which are allocated or apportioned to income derived from Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Castro regime as a means of gaining access to U.S. currency. Authorizes food, medicine, and medical supplies for humanitarian purposes to be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country. Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba has established democratic institutions through free and fair elections. Declares that it shall be U.S. policy to take the following actions with respect to a freely-elected Cuban Government: (1) grant full diplomatic recognition to such government and encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) encourage rescheduling or cancellation of Cuba's external debt; (4) end the U.S. trade embargo of Cuba; and (5) enter into negotiations for a trade agreement with Cuba. Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.