22 U.S.C. § 6091 — Exclusion from United States of aliens who have confiscated property of United States nationals or who traffic in such property

(a) Grounds for exclusion. The Secretary of State must deny a visa to, and the Attorney General must exclude from the United States, any alien whom the Secretary of State determines is a person^* who, after March 12, 1996: (1) confiscated, directed, or oversaw the confiscation of property^* in which a United States national^* owns a claim, or converted confiscated property in which a United States national owns a claim for personal gain; (2) traffics in confiscated property in which a United States national owns a claim; (3) is a corporate officer, principal, or shareholder with a controlling interest in an entity involved in confiscating or trafficking in property in which a United States national owns a claim; or (4) is the spouse, minor child, or agent of a person who can be excluded under paragraph (1), (2), or (3).

(b) Definitions. This section uses the following meanings: (1) “Confiscated” and “confiscation” refer to: (A) the Cuban Government’s nationalization, expropriation, or other seizure of ownership or control of property: (i) without returning the property or providing adequate and effective compensation; or (ii) without settling the claim to the property under an international claims settlement agreement or another mutually accepted settlement procedure; and (B) the Cuban Government’s repudiation of, default on, or failure to pay: (i) a debt of an enterprise that the Cuban Government^* nationalized, expropriated, or otherwise took; (ii) a debt charged against property that the Cuban Government nationalized, expropriated, or otherwise took; or (iii) a debt that the Cuban Government incurred to satisfy or settle a confiscated-property claim.

(2) “Traffics.” (A) Except as provided in subparagraph (B), a person “traffics” in confiscated property if the person knowingly^* and intentionally, without authorization from the United States national who owns a claim to the property: (i)(I) transfers, distributes, dispenses, brokers, or otherwise disposes of the property; (II) purchases, receives, obtains control of, or otherwise acquires the property; or (III) improves the property, except for routine maintenance; invests in the property by contributing funds or anything of value, except for routine maintenance; or begins, after March 12, 1996, to manage, lease, possess, use, or hold an interest in the property; (ii) enters into a commercial arrangement using or otherwise benefiting from the property; or (iii) causes, directs, participates in, or profits from another person’s trafficking described in clause (i) or (ii), or otherwise engages in such trafficking through another person. (B) “Traffics” does not include: (i) delivering international telecommunication signals to Cuba; (ii) trading or holding securities that are publicly traded or held, unless the trading is with or by a person whom the Secretary of the Treasury determines to be a specially designated national; (iii) transactions and uses of property connected with lawful travel to Cuba, to the extent those transactions and uses are necessary for that travel; or (iv) transactions and uses of property by a person who is both a citizen of Cuba and a resident of Cuba and is not an official of the Cuban Government or of the ruling political party in Cuba.

(c) Exemption. This section does not apply when the Secretary of State finds, case by case, that the entry into the United States of a person who otherwise could be excluded under this section is necessary for medical reasons or to litigate an action under subchapter III.

(d) Effective date. (1) In general. This section applies to aliens seeking to enter the United States on or after March 12, 1996. (2) Trafficking. This section applies only to acts within the meaning of “traffics” that occur on or after March 12, 1996. This section does not define “alien” or any other term that it does not define in subsection (b).