What This Bill Does
This bill creates economic and travel sanctions against foreign people and companies that do business with Cuba's military, security, and intelligence sectors. It also creates sanctions against Cuban government officials and members of the Communist Party who commit human rights abuses or corruption. The bill aims to restrict money flowing to Cuba's government while supporting internet access for Cuban citizens.
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Who It Affects
- Foreign companies and individuals doing business with Cuba's defense, security, or intelligence sectors
- Members of Cuba's Communist Party, including high-ranking officials
- Members of Cuba's military and police forces
- Foreign people the U.S. determines committed human rights abuses in Cuba
- Cuban government officials involved in corruption
- Spouses and children of sanctioned individuals
- Foreign military contractors working for Cuba's government
##
Key Provisions
- The President must block all property and assets in the United States belonging to foreign people who knowingly do business with Cuba's defense, security, or intelligence sectors (Sec. 4(b)(1)(A))
- Foreign people who engage in sanctioned activities become ineligible for visas, cannot enter the United States, and have existing visas revoked immediately (Sec. 4(b)(1)(B))
- The President must impose the same blocking of property and visa bans on foreign people determined to have committed serious human rights abuses in Cuba or engaged in corruption (Sec. 5(b)(1)(A) and (B))
- All members of Cuba's Communist Party Politburo (top leadership council), Council of State, Council of Ministers, and Revolutionary Armed Forces are subject to automatic sanctions without individual determination needed (Sec. 5(a)(2)-(6))
- The President must immediately work to provide unrestricted internet service to Cuban citizens that cannot be censored or blocked by Cuba's government (Sec. 7(a))
- The President must establish a task force within 90 days to develop a long-term plan for providing reliable internet to Cuba (Sec. 7(c)(1))
##
What Changes
If this bill becomes law, foreign companies and individuals will face serious financial consequences for doing business with Cuba's military, security, and intelligence sectors. They could have all their U.S. assets frozen and be permanently banned from entering the United States.
Thousands of Cuban government officials would automatically become sanctioned (unable to access U.S. financial systems, banned from travel). The U.S. government would be required to begin providing internet service directly to Cuban citizens to bypass government censorship.
Some activities remain allowed: selling food, medicine, and medical devices to Cuba; sending money to family members (except high-ranking Communist Party officials); maintaining the U.S. military base at Guantanamo Bay; and supporting democracy-building efforts.
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Important Definitions
- **Covered sector**: The defense sector, security sector, intelligence sector, or any other Cuban government sector the President certifies is involved in human rights abuses or supporting international terrorism (Sec. 4(a)(5))
- **Foreign person**: Any person or company that is not a United States person (Sec. 4(e)(3))
- **United States person**: A U.S. citizen, permanent resident, any company organized under U.S. law, or any person physically in the United States (Sec. 4(e)(5))
- **Serious human rights abuse**: Not specifically defined in the bill text
- **Entity**: A partnership, association, trust, joint venture, corporation, group, or organization (Sec. 4(e)(2))
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Effective Date
The internet service provision takes effect immediately upon enactment (Sec. 7(a)). The task force must be established within 90 days of enactment and must report within 180 days of enactment (Sec. 7(c)(1)-(2)). For all other provisions, the bill becomes effective upon enactment, with sanctions applying to actions taken on or after the enactment date (Sec. 4(a)(1)).
II
118TH CONGRESS
1ST SESSION
S. 504
To impose sanctions with respect to foreign persons that engage in certain
transactions relating to Cuba and to impose sanctions with respect to
human rights abuse and corruption in Cuba, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 16, 2023
Mr. SCOTT of Florida (for himself, Mr. RUBIO, Mr. SCOTT of South Carolina,
Mr. TUBERVILLE, Mr. MARSHALL, and Mr. BRAUN) introduced the fol-
lowing bill; which was read twice and referred to the Committee on For-
eign Relations
A BILL
To impose sanctions with respect to foreign persons that
engage in certain transactions relating to Cuba and to
impose sanctions with respect to human rights abuse
and corruption in 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 ‘‘Denying Earnings to
4
the Military Oligarchy in Cuba and Restricting Activities
5
of the Cuban Intelligence Apparatus Act’’ or the
6
‘‘DEMOCRACIA Act’’.
7
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SEC. 2. FINDINGS; SENSE OF CONGRESS.
1
(a) FINDINGS.—Congress finds the following:
2
(1) The Cuban Communist takeover of 1959 es-
3
tablished in Cuba a one-party authoritarian state of
4
the Cuban Communist Party.
5
(2) Cuba is a totalitarian state, in which the
6
Cuban Communist Party has brutally oppressed the
7
people of Cuba for more than 60 years.
8
(3) Cuban democracy activists, including Las
9
Damas de Blanco (also known as ‘‘Ladies in
10
White’’), a group composed of wives and relatives of
11
political prisoners, prisoners of conscience, and
12
peaceful activists in Cuba, are routinely repressed,
13
censured, beaten, and unjustly imprisoned by the
14
Cuban Communist Party.
15
(4) On July 11, 2021, protesters marched in
16
the streets throughout Cuba voicing their opposition
17
against the communist regime of Cuba.
18
(5) During those protests, Cubans in more than
19
40 cities held demonstrations chanting ‘‘Freedom!’’,
20
‘‘Down with the Dictatorship!’’, and ‘‘Patria y Vida’’
21
(‘‘Homeland and Life’’).
22
(6) Through those protests, the people of Cuba
23
demanded the end to communism in Cuba and ac-
24
cess to food, medicine, water, and electricity, basic
25
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•S 504 IS
needs that the communist system in Cuba cannot
1
provide.
2
(7) Cubans gathered outside of the head-
3
quarters of the Cuban Communist Party chanting,
4
‘‘Cuba isn’t yours!’’. In a clear message, Cubans ex-
5
ercised their fundamental God-given rights to peace-
6
ably assemble, express their political opinions, and
7
live free of censorship and oppression and demanded
8
the ruling elites, especially the Cuban Communist
9
Party, release its control of their government and
10
give the power back to the people.
11
(8) During the July 11, 2021, protests, the
12
Cuban Communist Party deployed a wave of terror
13
throughout Cuba by—
14
(A) unleashing its secret police and some
15
military forces on peaceful protesters and un-
16
lawfully detained them, including by—
17
(i) harassing and threatening people
18
in their homes;
19
(ii) abducting and torturing civil soci-
20
ety leaders and other Cubans peacefully
21
exercising their fundamental rights; and
22
(iii) detaining more than 800 Cubans
23
for peacefully protesting, who have gone
24
missing since the protests and demonstra-
25
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•S 504 IS
tions began, including leaders from Cuban
1
civil society groups such as UNPACU, the
2
San Isidro Movement, the Ladies in White,
3
and religious leaders; and
4
(B) in a crude and savage effort to silence
5
the Cuban people, cutting internet connectivity
6
and mobile services throughout Cuba, which
7
prevented the Cuban people from organizing
8
and hid from the outside world images and vid-
9
eos of the oppressive and brutal crackdown by
10
the Government of Cuba.
11
(9) In response to these demonstrations and
12
protests, the regime blocked access to social media,
13
messaging platforms and cellular services, and ar-
14
rested and detained hundreds of protesters, activists,
15
and journalists, according to Cuban human rights
16
groups.
17
(10) The Human Rights Report on Cuba for
18
2020 set forth by the Department of State found
19
that Cuba is an authoritarian state.
20
(11) A new constitution ratified in February
21
2019 codified that Cuba remains a one-party system
22
in which the Cuban Communist Party is the only
23
legal political party. Elections in Cuba were neither
24
free, fair, nor competitive.
25
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(12) The Ministry of Interior of Cuba
1
(MININT) controls police, internal security forces,
2
and the prison system. The National Revolutionary
3
Police are the primary law enforcement organization
4
of the Ministry. Specialized units of the state secu-
5
rity branch of the Ministry are responsible for moni-
6
toring, infiltrating, and suppressing independent po-
7
litical activity. The national leadership of Cuba, in-
8
cluding members of the military, maintain effective
9
control over the security forces. Members of the se-
10
curity forces have committed numerous abuses.
11
(13) Significant human rights issues in Cuba
12
include the following:
13
(A) Unlawful or arbitrary killings by the
14
Government of Cuba, including extrajudicial
15
killings.
16
(B) Forced disappearances by the Govern-
17
ment of Cuba.
18
(C) Torture and cruel, inhuman, and de-
19
grading treatment of political dissidents, detain-
20
ees, and prisoners by security forces.
21
(D) Harsh and life-threatening prison con-
22
ditions.
23
(E) Arbitrary arrests and detentions.
24
(F) The detaining of political prisoners.
25
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(G) Significant problems with the inde-
1
pendence of the judiciary.
2
(H) Arbitrary or unlawful interference
3
with privacy.
4
(I) Functional lack of freedom of the
5
press, as criminal libel laws are used against
6
persons who criticize leadership of the Govern-
7
ment of Cuba and that Government has en-
8
gaged in censorship and internet site blocking.
9
(J) Severe limitations on academic and
10
cultural freedom.
11
(K) Severe restrictions on the right of
12
peaceful assembly and denial of freedom of as-
13
sociation, including refusal to recognize inde-
14
pendent associations.
15
(L) Severe restrictions on religious free-
16
dom.
17
(M) Restrictions on internal and external
18
freedom of movement.
19
(N) Inability of citizens to change their
20
government through free and fair elections.
21
(O) Restrictions on political participation
22
to members of the ruling party.
23
(P) Corruption by officials of the Govern-
24
ment of Cuba.
25
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•S 504 IS
(Q) Trafficking in persons, including com-
1
pulsory labor.
2
(R)
Outlawing
of
independent
trade
3
unions.
4
(14) Officials of the Government of Cuba, at
5
the direction of their superiors, have committed most
6
human rights abuses. As a matter of policy, officials
7
failed to investigate or prosecute the individuals who
8
committed those abuses. Impunity for the perpetra-
9
tors has remained widespread.
10
(15) The United States Commission on Inter-
11
national Religious Freedom recommended in its
12
2021 Annual Report that the United States Govern-
13
ment again place Cuba on the special watch list
14
under section 402(b)(1)(A)(iii) of the International
15
Religious Freedom Act of 1998 (22 U.S.C.
16
6442(b)(1)(A)(iii)) and recommended imposing sanc-
17
tions on the Office of Religious Affairs of Cuba.
18
(16) In the report specified in paragraph (15),
19
the United States Commission on International Reli-
20
gious Freedom raised concerns regarding the denial
21
in Cuba of religious freedom for human rights activ-
22
ists, independent journalists, and protesters, particu-
23
larly in the wake of demonstrations that started on
24
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•S 504 IS
November 13, 2020, calling for greater freedom of
1
expression in Cuba.
2
(17) Cuba was ground zero for a series of yet
3
unexplained attacks in 2016 on members of the dip-
4
lomatic community of the United States in Havana,
5
Cuba.
6
(18) Cuba continues to provide safe harbor for
7
adversaries of the United States, including multiple
8
fugitives from justice in the United States, including
9
William Morales, Charles Hill, Victor Manuel
10
Gerena, and Joanne Chesimard, who executed New
11
Jersey State Trooper Werner Foerster during a rou-
12
tine traffic stop in May 1973.
13
(19) The Trade Sanctions Reform and Export
14
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.)
15
prohibits the President from imposing unilateral ag-
16
ricultural or medical sanctions against Cuba.
17
(20) The defense, security, and intelligence sec-
18
tors of Cuba are the primary perpetrators of beat-
19
ings,
arrests,
detainments,
and
unjust
20
imprisonments of the Cuban people.
21
(21) The Cuban Communist Party has a long
22
history of racism.
23
(22) No high level positions within the Cuban
24
Communist Party are occupied by Afro-Cubans.
25
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(23) Many Cubans who suffered the worst
1
treatment at the hands of the security forces of the
2
Cuban Communist Party are Afro-Cuban, such as
3
Dr. O´scar Elı´as Biscet, Jorge Luis Garcia Pe´rez,
4
Berta Soler of Las Damas de Blanco, Guillermo
5
Farin˜as Herna´ndez, Orlando Zapata Tamayo, Luis
6
Manuel Otero Alca´ntara, and Iva´n Herna´ndez
7
Carrillo.
8
(24) On January 12, 2021, the Department of
9
State determined that Cuba has repeatedly provided
10
support for acts of international terrorism and was
11
designated a state sponsor of terrorism.
12
(25) On May 14, 2021, Secretary of State
13
Antony Blinken determined and certified to Con-
14
gress that Cuba is not cooperating fully with United
15
States antiterrorism efforts.
16
(26) The Cuban Communist Party continues to
17
support international terrorist groups such as the
18
Revolutionary Armed Forces of Colombia (FARC)
19
and the National Liberation Army (ELN).
20
(27) Commercial engagement with the defense,
21
security, and intelligence sectors of Cuba empowers
22
the human rights abuses, racism against Afro-Cu-
23
bans, and support for international terrorism by the
24
Cuban Communist Party.
25
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(b) SENSE OF CONGRESS.—It is the sense of Con-
1
gress that Congress—
2
(1) reaffirms subsection (a) of section 1704 of
3
the Cuban Democracy Act of 1992 (22 U.S.C.
4
6003), which states that the President should en-
5
courage foreign countries to restrict trade and credit
6
relations with Cuba in a manner consistent with the
7
purposes of that Act; and
8
(2) urges the President to take immediate steps
9
to apply the sanctions described in subsection (b)(1)
10
of that section with respect to countries assisting
11
Cuba.
12
SEC. 3. STATEMENT OF POLICY.
13
It shall be the policy of the United States—
14
(1) to support the desire of the people of Cuba
15
for freedom and democracy; and
16
(2) to work with allies and the international
17
community to seek to restrict and reduce the finan-
18
cial resources of the Cuban dictatorship, which sup-
19
ports terrorism and perpetrates injustice and human
20
rights abuses against the Cuban people, that being
21
the Cuban military, security, and intelligence sec-
22
tors.
23
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SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR-
1
EIGN PERSONS THAT ENGAGE IN CERTAIN
2
TRANSACTIONS RELATING TO CUBA.
3
(a) IMPOSITION OF SANCTIONS.—
4
(1) IN GENERAL.—The President shall impose
5
the sanctions described in subsection (b) with re-
6
spect to a foreign person if the President determines
7
that the foreign person, on or after the date of the
8
enactment of this Act, knowingly engages in an ac-
9
tivity described in paragraph (2).
10
(2) ACTIVITIES
DESCRIBED.—Except as pro-
11
vided in paragraph (3), a foreign person engages in
12
an activity described in this paragraph if the foreign
13
person provides financial, material, or technological
14
support to, or engages in a transaction with—
15
(A) a covered sector of the Government of
16
Cuba, or any entity or individual affiliated with
17
such sector (including an immediate adult fam-
18
ily member of such individual);
19
(B) an agency, instrumentality, or other
20
entity owned by an entity that is part of or as-
21
sociated with a covered sector, entity, or indi-
22
vidual described in subparagraph (A) in a per-
23
centage share exceeding 25 percent;
24
(C) an individual who is a senior official of
25
a covered sector or entity described in subpara-
26
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•S 504 IS
graph (A) (including an immediate adult family
1
member of such individual);
2
(D) an agency, instrumentality, or other
3
entity operated or controlled by a covered sec-
4
tor, entity, or individual described in subpara-
5
graph (A);
6
(E) an entity or individual—
7
(i) for the purpose of avoiding a fi-
8
nancial transaction with, or the transfer of
9
funds to, an entity or individual specified
10
in any of subparagraphs (A) through (D);
11
or
12
(ii) for the benefit of an entity or indi-
13
vidual specified in any of subparagraphs
14
(A) through (D);
15
(F) a foreign person that is a military con-
16
tractor, mercenary, or a paramilitary force
17
knowingly operating in a military, security, or
18
intelligence capaci
[Text truncated for display. Full text available on Congress.gov.]