Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995

TABLE OF CONTENTS:

Title I: Strengthening International Sanctions Against the

Castro Government

Title II: Support for a Free and Independent Cuba

Title III: Protection of American Property Rights Abroad

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 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 independent state of the former Soviet Union to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to such state.

(Sec. 102) 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.

Directs the President to instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations.

(Sec. 103) Makes it unlawful for any U.S. person to extend knowingly 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 vote against 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) States that the President should instruct the U.S. Permanent Representative to the Organization of American States to vote against the readmission of Cuba to membership until a democratically-elected government is in power.

(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 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. 107) 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. 108) Directs the President to report annually to the appropriate congressional committees on other countries' commerce with, and assistance to, Cuba.

(Sec. 109) 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: Support for a Free and Independent Cuba - Authorizes the President to provide assistance for the Cuban people after a transition or a democratically-elected government is in power. Limits assistance to a transition government to humanitarian assistance. Expands assistance to a democratically-elected government to include assistance to promote free market development, private enterprise, and a mutually beneficial trade relationship between the United States and Cuba.

(Sec. 202) Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation to be made only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation.

Declares that the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba, should take steps to extend nondiscriminatory trade treatment (most-favored-nation status) to Cuban products and to encourage investment in Cuba.

(Sec. 204) Terminates the U.S. trade 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. 205) 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 the enactment of the LIBERTAD Act of 1995.

Repeals a time limitation on completion of the Commission's settlement of claims against China and Cuba.