View all text of Subchapter I [§ 6031 - § 6046]
§ 6040. Importation safeguard against certain Cuban products
(a) Prohibition on import of and dealings in Cuban products
The Congress notes that section 515.204 of title 31, Code of Federal Regulations, prohibits the entry of, and dealings outside the United States in, merchandise that—
(1) is of Cuban origin;
(2) is or has been located in or transported from or through Cuba; or
(3) is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba.
(b) Effect of NAFTA
The Congress notes that United States accession to the North American Free Trade Agreement does not modify or alter the United States sanctions against Cuba. The statement of administrative action accompanying that trade agreement specifically states the following:
(1) “The NAFTA rules of origin will not in any way diminish the Cuban sanctions program. … Nothing in the NAFTA would operate to override this prohibition.”.
(2) “Article 309(3) [of the NAFTA] permits the United States to ensure that Cuban products or goods made from Cuban materials are not imported into the United States from Mexico or Canada and that United States products are not exported to Cuba through those countries.”.
(c) Restriction of sugar imports
(d) Assurances regarding sugar products
(Pub. L. 104–114, title I, § 110, Mar. 12, 1996, 110 Stat. 800.)