---
kind: "section"
citation: "22 U.S.C. § 6040"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "6040"
heading: "Importation safeguard against certain Cuban products"
release: "119-102"
url: "https://uscodex.org/usc/22/6040"
units:
  - "Chapter 69A — Cuban Liberty and Democratic Solidarity (libertad)"
  - "Subchapter I — Strengthening International Sanctions Against the Castro Government"
---

# §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](/cfr/31/515.204.md), prohibits the entry of, and dealings outside the [United States](/usc/22/1395.md?p=a-1) 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](/usc/22/1395.md?p=a-1) accession to the North American Free Trade [Agreement](/usc/22/2431a.md?p=7) does not modify or alter the [United States](/usc/22/1395.md?p=a-1) sanctions against Cuba. The statement of administrative action accompanying that trade [agreement](/usc/22/2431a.md?p=7) specifically states the following:
  - (1) “The NAFTA rules of origin will not in any way diminish the Cuban sanctions [program](/usc/22/3383.md?p=6). … Nothing in the NAFTA would operate to override this prohibition.”.
  - (2) “Article 309(3) [of the NAFTA] permits the [United States](/usc/22/1395.md?p=a-1) to ensure that Cuban products or goods made from Cuban materials are not imported into the [United States](/usc/22/1395.md?p=a-1) from Mexico or Canada and that [United States](/usc/22/1395.md?p=a-1) products are not exported to Cuba through those countries.”.
- (c) **Restriction of sugar imports—** The Congress notes that section 902(c) of the Food Security Act of 1985 (Public Law 99–198) requires the President not to allocate any of the sugar import quota to a country that is a net importer of sugar unless appropriate officials of that country verify to the President that the country does not import for reexport to the [United States](/usc/22/1395.md?p=a-1) any sugar produced in Cuba.
- (d) **Assurances regarding sugar products—** Protection of essential security interests of the [United States](/usc/22/1395.md?p=a-1) requires assurances that sugar products that are entered, or withdrawn from warehouse for consumption, into the customs territory of the [United States](/usc/22/1395.md?p=a-1) are not products of Cuba.

## Source credit

(Pub. L. 104–114, title I, § 110, Mar. 12, 1996, 110 Stat. 800.)

## Notes

### Editorial Notes

### References in Text

Section 902(c) of the Food Security Act of 1985, referred to in subsec. (c), is section 902(c) of Pub. L. 99–198, which is set out as a note under section 1446g of Title 7, Agriculture.