| HR 1698 IH
108th CONGRESS
1st Session
H. R. 1698
To lift the trade
embargo on Cuba, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 9, 2003
Mr. PAUL (for himself, Mr. ABERCROMBIE,
Mr. CLAY, and Mr. WHITFIELD) introduced the following bill; which was referred
to the Committee on International Relations, and in addition to the Committees
on Ways and Means, Energy and Commerce, the Judiciary, Financial Services,
Government Reform, and Agriculture, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To lift the trade
embargo on Cuba, and for other purposes.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. REMOVAL OF PROVISIONS
RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA.
(a) AUTHORITY FOR EMBARGO
AND SUGAR QUOTA- Section 620(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(a)) is repealed.
(b) TRADING WITH THE ENEMY
ACT- The authorities conferred upon the President by section 5(b) of the
Trading With the Enemy Act (50 U.S.C. App. 5(b)), which were being exercised
with respect to Cuba on July 1, 1977, as a result of a national emergency
declared by the President before that date, and are being exercised on
the day before the effective date of this Act, may not be exercised on
or after such effective date with respect to Cuba. Any regulations in effect
on the day before such effective date pursuant to the exercise of such
authorities, shall cease to be effective on such date.
(c) EXERCISE OF AUTHORITIES
UNDER OTHER PROVISIONS OF LAW-
(1) REMOVAL OF PROHIBITIONS-
Any prohibition on exports to Cuba that is in effect on the day before
the effective date of this Act under the Export Administration Act of 1979
shall cease to be effective on such effective date.
(2) AUTHORITY FOR NEW RESTRICTIONS-
The President may, on and after the effective date of this Act--
(A) impose export controls
with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979, and
(B) exercise the authorities
he has under the International Emergency Economic Powers Act with respect
to Cuba pursuant to a declaration of national emergency required by that
Act that is made on account of an unusual and extraordinary threat, that
did not exist before the enactment of this Act, to the national security,
foreign policy, or economy of the United States.
(d) CUBAN DEMOCRACY ACT-
The Cuban Democracy Act of 1992 (22 U.S.C. 6001 et seq.) is repealed.
(e) REPEAL OF CUBAN LIBERTY
AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996-
(1) REPEAL- The Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed.
(2) CONFORMING AMENDMENTS-
(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a)
is amended--
(i) in subsection (a)(11)
by striking `and intelligence facilities, including the military and intelligence
facilities at Lourdes and Cienfuegos,' and inserting `facilities,';
(I) in paragraph (4) by
adding `and' after the semicolon;
(II) by striking paragraph
(5); and
(III) by redesignating paragraph
(6) as paragraph (5); and
(iii) by striking subsection
(d).
(B) Section 498B(k) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking
paragraphs (3) and (4).
(C) Section 1611 of title
28, United States Code, is amended by striking subsection (c).
(D) Sections 514 and 515
of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and
1643m) are repealed.
(f) TRADE SANCTIONS REFORM
AND EXPORT ENHANCEMENT ACT OF 2000- The Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended--
(1) in section 906(a)(1)--
(A) by striking `to Cuba
or'; and
(B) by inserting `(other
than Cuba)' after `to the government of a country';
(A) by striking subsection
(b);
(i) by striking `PROHIBITION'
and all that follows through `(1) IN GENERAL- ' and inserting `IN GENERAL-
';
(ii) by striking `for exports
to Cuba or';
(iii) by striking paragraph
(2); and
(iv) by redesignating paragraph
(3) as subsection (b) (and conforming the margin accordingly); and
(C) in subsection (b) (as
redesignated), by striking `paragraph (1)' and inserting `subsection (a)';
(3) by striking section
909;
(4) by striking section
910; and
(5) by redesignating section
911 as section 909.
(g) REPEAL OF PROHIBITION
ON TRANSACTIONS OR PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES INTELLECTUAL
PROPERTY- Section 211 of the Department of Commerce and Related Agencies
Appropriations Act, 1999 (as contained in section 101(b) of division A
of Public Law 105-277; 112 Stat. 2681-88) is repealed.
(h) TERMINATION OF DENIAL
OF FOREIGN TAX CREDIT WITH RESPECT TO CUBA- Subparagraph (A) of section
901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign
tax credit, etc., with respect
to certain foreign countries)
is amended by adding at the end thereof the following new flush sentence:
`Notwithstanding the preceding sentence, this subsection shall not apply
to Cuba after the date which is 60 days after the date of the enactment
of this sentence.'.
(i) SUGAR QUOTA PROHIBITION
UNDER FOOD SECURITY ACT OF 1985- Section 902(c) of the Food Security Act
of 1985 is repealed.
SEC. 2. TELECOMMUNICATIONS EQUIPMENT
AND FACILITIES.
Any common carrier within
the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153)
is authorized to install, maintain, and repair telecommunications equipment
and facilities in Cuba, and otherwise provide telecommunications services
between the United States and Cuba. The authority of this section includes
the authority to upgrade facilities and equipment.
SEC. 3. TRAVEL.
(a) IN GENERAL- Travel to
and from Cuba by individuals who are citizens or residents of the United
States, and any transactions ordinarily incident to such travel, may not
be regulated or prohibited if such travel would be lawful in the United
States.
(b) TRANSACTIONS INCIDENT
TO TRAVEL- Any transactions ordinarily incident to travel which may not
be regulated or prohibited under subsection (a) include, but are not limited
to--
(1) transactions ordinarily
incident to travel or maintenance in Cuba; and
(2) normal banking transactions
involving foreign currency drafts, traveler's checks, or other negotiable
instruments incident to such travel.
SEC. 4. DIRECT MAIL DELIVERY
TO CUBA.
The United States Postal
Service shall take such actions as are necessary to provide direct mail
service to and from Cuba, including, in the absence of common carrier service
between the 2 countries, the use of charter providers.
SEC. 5. PROHIBITION ON FEDERAL
ASSISTANCE.
(a) PROHIBITION- No Federal
funds may be used to provide any assistance to Cuba.
(b) DEFINITIONS- For purposes
of subsection (a)--
(1) the term `assistance
to Cuba' includes, but is not limited to--
(A) assistance to or for
the benefit of Cuba that is provided by grant, commercial sale, guaranty,
or insurance, or by any other means on terms more favorable than that generally
available in the applicable market, whether in the form of a loan, lease,
credit, or a reserve, including, but not limited to--
(i) insurance, financing,
extensions of credit, or participation in extensions of credit provided
by the Export-Import Bank of the United States for exports to or imports
from Cuba;
(ii) insurance, reinsurance,
financing, or equity investment provided by the Overseas Private Investment
Corporation for projects in Cuba;
(iii) any export credit,
credit guaranty, bonus, or other payment carried out through the Commodity
Credit Corporation in support of export sales of agricultural commodities
to Cuba;
(iv) assistance under any
provision of the Agricultural Trade and Development Assistance Act of 1954
to, or in support of, export sales of agricultural commodities to, Cuba;
(v) financing or other assistance
under the Agricultural Trade Act of 1978 in support of export sales of
agricultural commodities to Cuba; and
(vi) any loan, credit, or
other financing provided by any department or agency of the United States
to any person for the purpose of financing transactions involving confiscated
property (within the meaning of section 4 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996), as in effect on the day before the
date of the enactment of this Act); and
(B) an exchange, reduction,
or forgiveness of Cuban debt owed in return for a grant of an equity interest
in a property, investment, or operation of the Government of Cuba (including
the government of any political subdivision of Cuba, and any agency or
instrumentality of the Government of Cuba) or of a Cuban national; and
(2) the term `agency or
instrumentality of the Government of Cuba' means an agency or instrumentality
of a foreign state as defined in section 1603(b) of title 28, United States
Code, with each reference in such section to `a foreign state' deemed to
be a reference to Cuba.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect
60 days after the date of the enactment of this Act.
END
|