SEC. 205. REQUIREMENTS FOR A TRANSITION GOVERNMENT
For purposes of this Act, a transition government in Cuba is a government in Cuba that–
(1) is demonstrably in transition from communist totalitarian dictatorship to representative democracy;
(2) has released all political prisoners and allowed for investigations of Cuban prisons by appropriate international human rights organizations;
(3) has dissolved the present Department of State Security in the Cuban Ministry of the Interior, including the Committees for the Defense of the Revolution and the Rapid Response Brigades;
(4) has publicly committed itself to, and is making demonstrable progress in–
(A) establishing an independent judiciary;
(B) respecting internationally recognized human rights and basic freedoms as set forth in the Universal Declaration of Human Rights, to which Cuba is a signatory nation;
(C) effectively guaranteeing the rights of free speech and freedom of the press;
(D) permitting the reinstatement of citizenship to Cuban-born nationals returning to Cuba;
(E) organizing free and fair elections for a new government–
(i) to be held within 1 year after the transition government assumes power;
(ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and
(iii) to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other elections monitors;
(F) assuring the right to private property;
(G) taking appropriate steps to return to United States citizens and entities property taken by the Government of Cuba from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property;
(H) having a currency that is fully convertible domestically and internationally;
(I) granting permits to privately owned telecommunications and media companies to operate in Cuba; and
(J) allowing the establishment of an independent labor movement and of independent social, economic, and political associations;
(5) does not include Fidel Castro or Raul Castro;
(6) has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the Cuban people; and
(7) permits the deployment throughout Cuba of independent and unfettered international human rights monitors.
SEC. 206. REQUIREMENTS FOR A DEMOCRATICALLY ELECTED GOVERNMENT
For purposes of this Act, a democratically elected government in
Cuba, in addition to continuing to comply with the requirements of
section 205, is a government in Cuba which–
(1) results from free and fair elections–
(A) conducted under the supervision of internationally recognized observers;
(B) in which opposition parties were permitted ample time to organize and campaign for such elections, and in which all candidates in the elections were permitted full access to the media;
(2) is showing respect for the basic civil liberties and human rights of the citizens of Cuba;
(3) has established an independent judiciary;
(4) is substantially moving toward a market-oriented economic system based on the right to own and enjoy property;
(5) is committed to making constitutional changes that would ensure regular free and fair elections that meet the requirements of paragraph (2); and
(6) has returned to United States citizens, and entities which are 50 percent or more beneficially owned by United States citizens, property taken by the Government of Cuba from such citizens and entities on or after January 1, 1959, or provided full compensation in accordance with international law standards and practice to such citizens and entities for such property.
