For purposes of this chapter, a democratically elected government in Cuba, in addition to meeting the requirements of section 6065(a) of this title, is a government which—
(1) results from free and fair elections—
(A) conducted under the supervision of internationally recognized observers; and
(B) in which—
(i) opposition parties were permitted ample time to organize and campaign for such elections; and
(ii) all candidates 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) is substantially moving toward a market-oriented economic system based on the right to own and enjoy property;
(4) is committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of Cuba;
(5) has made demonstrable progress in establishing an independent judiciary; and
(6) has made demonstrable progress in returning to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or providing full compensation for such property in accordance with international law standards and practice.
(Pub. L. 104–114, title II, §206, Mar. 12, 1996, 110 Stat. 812.)
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