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II
117TH CONGRESS
1ST SESSION
S. 249
To lift the trade embargo on Cuba, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 4, 2021
Mr. WYDEN (for himself, Mr. MERKLEY, Mr. DURBIN, and Mr. LEAHY) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on Finance
A BILL
To lift the trade embargo on Cuba, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘United States-Cuba
4
Trade Act of 2021’’.
5
SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE
6
AND OTHER RELATIONS WITH CUBA.
7
(a)
AUTHORITY
FOR
EMBARGO
AND
SUGAR
8
QUOTA.—
9
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•S 249 IS
(1) IN GENERAL.—Section 620(a) of the For-
1
eign Assistance Act of 1961 (22 U.S.C. 2370(a)) is
2
repealed.
3
(2)
CONFORMING
AMENDMENT.—Section
4
1610(f)(1)(A) of title 28, United States Code, is
5
amended by striking ‘‘section 620(a) of the Foreign
6
Assistance Act of 1961 (22 U.S.C. 2370(a)),’’.
7
(b) TRADING WITH THE ENEMY ACT.—
8
(1) IN
GENERAL.—The authorities conferred
9
upon the President by section 5(b) of the Trading
10
With the Enemy Act (50 U.S.C. 4305(b)), which
11
were being exercised with respect to Cuba on July
12
1, 1977, as a result of a national emergency de-
13
clared by the President before that date, and are
14
being exercised on the day before the effective date
15
of this Act, may not be exercised on or after such
16
effective date with respect to Cuba.
17
(2) REGULATIONS.—Any regulation in effect on
18
the day before the effective date of this Act pursuant
19
to the exercise of authorities described in paragraph
20
(1) shall cease to be effective on such effective date.
21
(c) EXERCISE OF AUTHORITIES UNDER OTHER PRO-
22
VISIONS OF LAW.—
23
(1) REMOVAL OF PROHIBITIONS.—Any prohibi-
24
tion on exports to Cuba that is in effect on the day
25
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•S 249 IS
before the effective date of this Act under the Ex-
1
port Administration Act of 1979 (Public Law 96–
2
72; 93 Stat. 503) or the Export Control Reform Act
3
of 2018 (50 U.S.C. 4801 et seq.) shall cease to be
4
effective on such effective date.
5
(2) AUTHORITY FOR NEW RESTRICTIONS.—The
6
President may, on and after the effective date of this
7
Act—
8
(A) impose export controls with respect to
9
Cuba under the Export Control Reform Act of
10
2018 (50 U.S.C. 4801 et seq.); and
11
(B) exercise the authorities the President
12
has under the International Emergency Eco-
13
nomic Powers Act (50 U.S.C. 1701 et seq.)
14
with respect to Cuba pursuant to a declaration
15
of national emergency required by that Act that
16
is made on account of an unusual and extraor-
17
dinary threat to the national security, foreign
18
policy, or economy of the United States, that
19
did not exist before the date of the enactment
20
of this Act.
21
(d) REPEAL OF CUBAN DEMOCRACY ACT OF 1992.—
22
The Cuban Democracy Act of 1992 (22 U.S.C. 6001 et
23
seq.) is repealed.
24
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•S 249 IS
(e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC
1
SOLIDARITY (LIBERTAD) ACT OF 1996.—
2
(1) REPEAL.—The Cuban Liberty and Demo-
3
cratic Solidarity (LIBERTAD) Act of 1996 (22
4
U.S.C. 6021 et seq.) is repealed.
5
(2) CONFORMING AMENDMENTS.—
6
(A) VISA REVOCATION.—Section 428(c)(2)
7
of the Homeland Security Act of 2002 (6
8
U.S.C. 236(c)(2)) is amended—
9
(i) by striking subparagraph (K); and
10
(ii) by redesignating subparagraphs
11
(L) through (P) as subparagraphs (K)
12
through (O), respectively.
13
(B) EFFECT
OF
DETERMINATION.—Sec-
14
tion 606 of the Illegal Immigration Reform and
15
Immigrant Responsibility Act of 1996 (Public
16
Law 104–208; 8 U.S.C. 1255 note) is repealed.
17
(C) PROPERTY
IMMUNE
FROM
ATTACH-
18
MENT.—Section 1611 of title 28, United States
19
Code, is amended by striking subsection (c).
20
(D) INTERNATIONAL
CLAIMS.—Sections
21
514 and 515 of the International Claims Settle-
22
ment Act of 1949 (22 U.S.C. 1643l and
23
1643m) are repealed.
24
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•S 249 IS
(f) REPEAL OF PROVISIONS IMPOSING CERTAIN RE-
1
STRICTIONS ON ASSISTANCE TO FORMER SOVIET COUN-
2
TRIES.—
3
(1) IN GENERAL.—Section 498A of the Foreign
4
Assistance Act of 1961 (22 U.S.C. 2295a) is amend-
5
ed—
6
(A) in subsection (a)(11), by striking ‘‘and
7
intelligence facilities, including the military and
8
intelligence facilities at Lourdes and Cien-
9
fuegos,’’ and inserting ‘‘facilities,’’;
10
(B) in subsection (b)—
11
(i) in paragraph (4), by inserting ‘‘or’’
12
after the semicolon;
13
(ii) by striking paragraph (5); and
14
(iii) by redesignating paragraph (6) as
15
paragraph (5); and
16
(C) by striking subsection (d).
17
(2) DEFINITIONS.—Section 498B(k) of the
18
Foreign Assistance Act of 1961 (22 U.S.C.
19
2295b(k)) is amended by striking paragraphs (3)
20
and (4).
21
(g) TRADE SANCTIONS REFORM AND EXPORT EN-
22
HANCEMENT ACT OF 2000.—The Trade Sanctions Re-
23
form and Export Enhancement Act of 2000 (22 U.S.C.
24
7201 et seq.) is amended—
25
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•S 249 IS
(1)
in
section
906(a)(1)
(22
U.S.C.
1
7205(a)(1)), by striking ‘‘Cuba,’’;
2
(2) in section 908 (22 U.S.C. 7207)—
3
(A) by striking subsection (b);
4
(B) in subsection (a)—
5
(i) by striking ‘‘PROHIBITION’’ and all
6
that follows through ‘‘(1) IN GENERAL.—
7
Notwithstanding’’ and inserting ‘‘IN GEN-
8
ERAL.—Notwithstanding’’;
9
(ii) by striking ‘‘for exports to Cuba
10
or’’;
11
(iii) by striking paragraph (2); and
12
(iv) by redesignating paragraph (3) as
13
subsection (b) and by moving such sub-
14
section, as so redesignated, 2 ems to the
15
left; and
16
(C) in subsection (b), as redesignated by
17
subparagraph (B)(iv), by striking ‘‘paragraph
18
(1)’’ and inserting ‘‘subsection (a)’’;
19
(3) by striking section 909 (22 U.S.C. 7208);
20
(4) by striking section 910 (22 U.S.C. 7209);
21
and
22
(5) by redesignating section 911 (Public Law
23
106–387; 114 Stat. 1549A–72) as section 909.
24
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•S 249 IS
(h) REPEAL OF PROHIBITION ON TRANSACTIONS OR
1
PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES
2
INTELLECTUAL PROPERTY.—Section 211 of the Depart-
3
ment of Commerce and Related Agencies Appropriations
4
Act, 1999 (as contained in section 101(b) of division A
5
of Public Law 105–277; 112 Stat. 2681–88) is repealed.
6
(i) SUGAR QUOTA PROHIBITION UNDER FOOD SECU-
7
RITY ACT OF 1985.—Subsection (c) of section 902 of the
8
Food Security Act of 1985 (Public Law 99–198; 99 Stat.
9
1444) is repealed.
10
SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILI-
11
TIES.
12
Any common carrier, as defined in section 3 of the
13
Communications Act of 1934 (47 U.S.C. 153), is author-
14
ized to install, maintain, and repair telecommunications
15
equipment and facilities in Cuba, and otherwise provide
16
telecommunications services between the United States
17
and Cuba. The authority of this section includes the au-
18
thority to upgrade facilities and equipment.
19
SEC. 4. TRAVEL.
20
(a) IN GENERAL.—Travel to and from Cuba by indi-
21
viduals who are citizens or residents of the United States,
22
and any transactions ordinarily incident to such travel,
23
may not be regulated or prohibited if that travel would
24
be lawful in the United States.
25
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•S 249 IS
(b) TRANSACTIONS INCIDENT TO TRAVEL.—Trans-
1
actions ordinarily incident to travel that may not be regu-
2
lated or prohibited under subsection (a) include the fol-
3
lowing:
4
(1) Transactions ordinarily incident to travel or
5
maintenance in Cuba.
6
(2) Normal banking transactions involving for-
7
eign currency drafts, traveler’s checks, or other ne-
8
gotiable instruments incident to that travel.
9
SEC. 5. NEGOTIATIONS WITH CUBA.
10
(a) NEGOTIATIONS.—The President should take all
11
necessary steps to advance negotiations with the Govern-
12
ment of Cuba—
13
(1) for the purpose of settling claims of nation-
14
als of the United States against the Government of
15
Cuba for the taking of property by such government;
16
and
17
(2) for the purpose of securing the protection of
18
internationally recognized human rights.
19
(b) DEFINITIONS.—In this section, the terms ‘‘na-
20
tional of the United States’’ and ‘‘property’’ have the
21
meanings given those terms in section 502 of the Inter-
22
national Claims Settlement Act of 1949 (22 U.S.C.
23
1643a).
24
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•S 249 IS
SEC.
6.
EXTENSION
OF
NONDISCRIMINATORY
TRADE
1
TREATMENT.
2
(a) SENSE OF CONGRESS.—
3
(1) IN GENERAL.—It is the sense of the Con-
4
gress that—
5
(A) the United States should promote
6
democratic change and economic reform by nor-
7
malizing trade relations with Cuba; and
8
(B) upon the enactment of this Act, it will
9
no longer be necessary for the United States to
10
continue to use article XXI of the GATT 1994
11
with respect to Cuba, understanding that the
12
President retains full authority to invoke article
13
XXI of the GATT 1994 and comparable provi-
14
sions in other Uruguay Round Agreements in
15
the future in all appropriate circumstances.
16
(2) DEFINITIONS.—In this section, the terms
17
‘‘GATT 1994’’ and ‘‘Uruguay Round Agreements’’
18
have the meanings given those terms in section 2 of
19
the Uruguay Round Agreements Act (19 U.S.C.
20
3501).
21
(b) EXTENSION
OF NONDISCRIMINATORY TREAT-
22
MENT TO THE PRODUCTS OF CUBA.—
23
(1) HARMONIZED TARIFF SCHEDULE AMEND-
24
MENTS.—Subdivision (b) of general note 3 of the
25
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•S 249 IS
Harmonized Tariff Schedule of the United States is
1
amended—
2
(A) by striking ‘‘to section 401 of the Tar-
3
iff Classification Act of 1962,’’; and
4
(B) by striking ‘‘Cuba’’.
5
(2) REPEAL OF SECTION 401 OF THE TARIFF
6
CLASSIFICATION ACT OF 1962.—Section 401 of the
7
Tariff Classification Act of 1962 (Public Law 87–
8
456; 76 Stat. 78) is repealed.
9
(3) TERMINATION OF APPLICATION OF TITLE IV
10
OF THE TRADE ACT OF 1974 TO CUBA.—
11
(A) EXTENSION
OF
NONDISCRIMINATORY
12
TREATMENT.—Nondiscriminatory
treatment
13
(normal trade relations treatment) shall apply
14
to the products of Cuba.
15
(B) TERMINATION
OF
APPLICATION
OF
16
TITLE IV.—Title IV of the Trade Act of 1974
17
(19 U.S.C. 2431 et seq.) shall cease to apply to
18
Cuba.
19
(4) EFFECTIVE DATE.—This section, and the
20
amendments made by this section, shall apply with
21
respect to goods entered, or withdrawn from ware-
22
house for consumption, on or after the 15th day
23
after the date of the enactment of this Act.
24
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(c) REPORT
TO CONGRESS.—The President shall
1
submit to Congress, not later than 18 months after the
2
date of the enactment of this Act, a report on trade rela-
3
tions between the United States and Cuba.
4
SEC. 7. PROHIBITION ON LIMITING ANNUAL REMITTANCES.
5
(a) IN GENERAL.—Except as provided in subsection
6
(b), the Secretary of the Treasury may not limit the
7
amount of remittances to Cuba that may be made by any
8
person who is subject to the jurisdiction of the United
9
States, and the Secretary shall rescind all regulations in
10
effect on the date of the enactment of this Act that so
11
limit the amount of those remittances.
12
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
13
section (a) may be construed to prohibit the prosecution
14
or conviction of any person committing an offense de-
15
scribed in section 1956 of title 18, United States Code
16
(relating to the laundering of monetary instruments), or
17
section 1957 of such title (relating to engaging in mone-
18
tary transactions in property derived from specific unlaw-
19
ful activity).
20
SEC. 8. REQUIREMENT TO REPORT TO CONGRESS PRIOR
21
TO DENIAL OF FOREIGN TAX CREDIT WITH
22
RESPECT TO CERTAIN FOREIGN COUNTRIES.
23
(a)
IN
GENERAL.—Subclause
(II)
of
section
24
901(j)(2)(B)(i) of the Internal Revenue Code of 1986 is
25
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•S 249 IS
amended by striking ‘‘such country becomes’’ and insert-
1
ing ‘‘the date on which the President reports to Congress
2
that such country has been determined to be’’.
3
(b) EFFECTIVE DATE.—
4
(1) IN GENERAL.—Subject to paragraph (2),
5
the amendment made by this section shall apply to
6
any determination regarding whether a foreign coun-
7
try is described in subparagraph (A) of section
8
901(j)(2) of the Internal Revenue Code of 1986
9
which is made after the date of the enactment of
10
this Act.
11
(2) NON-APPLICATION TO COUNTRIES SUBJECT
12
TO DENIAL OF FOREIGN TAX CREDIT.—Nothing in
13
this section, or the amendment made by this section,
14
shall be construed to alter, amend, or otherwise af-
15
fect the application of subsection (j) of section 901
16
of such Code to any country which has been deter-
17
mined to be a country described in paragraph (2)(A)
18
of such subsection on or before the date of the en-
19
actment of this Act.
20
SEC. 9. EFFECTIVE DATE.
21
Except as provided in sections 6 and 8, this Act and
22
the amendments made by this Act shall take effect on the
23
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•S 249 IS
date that is 60 days after the date of the enactment of
1
this Act.
2
Æ
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