Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Enrolled Bill [Final as Passed Both House and Senate] - ENR)

The purposes of this Act are-- (1) to assist the Cuban people in regaining their freedom and prosperity, as well as in joining the community of democratic countries that are flourishing in the Western Hemisphere; (2) to strengthen international sanctions against the Castro government; (3) to provide for the continued national security of the United States in the face of continuing threats from the Castro government of terrorism, theft of property from United States nationals by the Castro government, and the political manipulation by the Castro government of the desire of Cubans to escape that results in mass migration to the United States; (4) to encourage the holding of free and fair democratic elections in Cuba, conducted under the supervision of internationally recognized observers; (5) to provide a policy framework for United States support to the Cuban people in response to the formation of a transition government or a democratically elected government in Cuba; and (6) to protect United States nationals against confiscatory takings and the wrongful trafficking in property confiscated by the Castro regime.

Note, the authority for the President to suspend the provisions of the act are conditioned upon the fact that doing so “will expedite a transition to democracy in Cuba.” In this case, Obama has presented no evidence whatsoever that his suspension of this act “will expedite a transition to democracy in Cuba” in the next six months, twelve months, or at anytime in the near future. Consequently, Obama’s actions are prohibited by this act:

SEC. 306. EFFECTIVE DATE.

(a) IN GENERAL- Subject to subsections (b) and (c), this title and the amendments made by this title shall take effect on August 1, 1996.
(b) SUSPENSION AUTHORITY-
(1) SUSPENSION AUTHORITY- The President may suspend the effective date under subsection (a) for a period of not more than 6 months if the President determines and reports in writing to the appropriate congressional committees at least 15 days before such effective date that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.
(2) ADDITIONAL SUSPENSIONS- The President may suspend the effective date under subsection (a) for additional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.
(c) OTHER AUTHORITIES-
(1) SUSPENSION- After this title and the amendments of this title have taken effect—
(A) no person shall acquire a property interest in any potential or pending action under this title; and
(B) the President may suspend the right to bring an action under this title with respect to confiscated property for a period of not more than 6 months if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the suspension takes effect that such suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.
(2) ADDITIONAL SUSPENSIONS- The President may suspend the right to bring an action under this title for additional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.
(3) PENDING SUITS- The suspensions of actions under paragraph (1) shall not affect suits commenced before the date of such suspension, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if the suspension had not occurred.
(d) RESCISSION OF SUSPENSION- The President may rescind any suspension made under subsection (b) or (c) upon reporting to the appropriate congressional committees that doing so will expedite a transition to democracy in Cuba.

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