What This Bill Does
This bill removes trade restrictions between the United States and Cuba. It eliminates existing laws that prevent Americans from exporting goods to Cuba and selling items to Cuba. The bill allows the President to create new trade restrictions only in specific situations involving national security threats.
Who It Affects
American businesses that export goods, the President, federal agencies that manage trade regulations, and individuals or companies conducting trade with Cuba.
Key Provisions
• Existing export bans on Cuba that are currently in effect stop working when this bill becomes law (Sec. 2(c)(1))
• The President can no longer use emergency powers from the Trading With the Enemy Act to restrict trade with Cuba after this bill takes effect (Sec. 2(b)(1) and (2))
• The President may only create new export controls on Cuba under specific circumstances involving an unusual and extraordinary threat to national security, foreign policy, or the economy that did not exist before the bill became law (Sec. 2(c)(2)(B))
• Specific sections of the Cuban Democracy Act of 1992 and the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 are removed from law (Sec. 2(d) and (e))
What Changes
All current trade restrictions blocking exports to Cuba end when this bill becomes law. The President loses the ability to maintain the embargo using previous emergency authorities. Future Presidents can only restrict trade with Cuba if they declare a new national emergency based on a threat that did not exist when this bill took effect.
Important Definitions
Export controls: government rules limiting what goods can be sold to other countries. National emergency: a presidential declaration of an unusual and extraordinary threat.
II
118TH CONGRESS
1ST SESSION
S. 653
To lift the trade embargo on Cuba.
IN THE SENATE OF THE UNITED STATES
MARCH 2, 2023
Ms. KLOBUCHAR (for herself, Mr. MORAN, Mr. MURPHY, Mr. MARSHALL, and
Ms. WARREN) introduced the following bill; which was read twice and re-
ferred to the Committee on Banking, Housing, and Urban Affairs
A BILL
To lift the trade embargo on Cuba.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Freedom to Export
4
to Cuba Act of 2023’’.
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SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE
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AND OTHER RELATIONS WITH CUBA.
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(a) AUTHORITY FOR EMBARGO.—
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(1) IN GENERAL.—Section 620(a) of the For-
9
eign Assistance Act of 1961 (22 U.S.C. 2370(a)) is
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amended by striking ‘‘(1) No assistance’’ and all
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•S 653 IS
that follows through ‘‘(2) Except’’ and inserting
1
‘‘Except’’.
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(2) CONFORMING AMENDMENT.—Section 1709
3
of the Cuban Democracy Act of 1992 (22 U.S.C.
4
6008) is amended by striking ‘‘section 620(a)(2)’’
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and inserting ‘‘section 620(a)’’.
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(b) TRADING WITH THE ENEMY ACT.—
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(1) IN
GENERAL.—The authorities conferred
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upon the President by section 5(b) of the Trading
9
With the Enemy Act (50 U.S.C. 4305(b)), which
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were being exercised with respect to Cuba on July
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1, 1977, as a result of a national emergency de-
12
clared by the President before that date, and are
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being exercised on the day before the date of the en-
14
actment of this Act, may not be relied upon on or
15
after such date of enactment to continue the imposi-
16
tion of direct restrictions on trade with Cuba.
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(2) REGULATIONS.—Any regulation that im-
18
poses direct restrictions on trade with Cuba in effect
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on the day before the date of the enactment of this
20
Act pursuant to the exercise of authorities described
21
in paragraph (1) shall cease to be effective for that
22
purpose on and after such date of enactment.
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(c) EXERCISE OF AUTHORITIES UNDER OTHER PRO-
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VISIONS OF LAW.—
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•S 653 IS
(1) REMOVAL OF PROHIBITIONS.—Any prohibi-
1
tion on exports to Cuba that is in effect on the day
2
before the date of the enactment of this Act under
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the Export Administration Act of 1979 (Public Law
4
96–72; 93 Stat. 503) or the Export Control Reform
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Act of 2018 (50 U.S.C. 4801 et seq.) shall cease to
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be effective on and after such date of enactment.
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(2) AUTHORITY FOR NEW RESTRICTIONS.—The
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President may, on and after the date of the enact-
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ment of this Act—
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(A) impose export controls with respect to
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Cuba under section 1753 or 1754(c) of the Ex-
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port Control Reform Act of 2018 (50 U.S.C.
13
4812 and 4813(c)); and
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(B) exercise the authorities the President
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has under the International Emergency Eco-
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nomic Powers Act (50 U.S.C. 1701 et seq.)
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with respect to Cuba pursuant to a declaration
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of national emergency required by that Act that
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is made on account of an unusual and extraor-
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dinary threat to the national security, foreign
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policy, or economy of the United States, that
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did not exist before the date of the enactment
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of this Act.
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(d) CUBAN DEMOCRACY ACT.—
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•S 653 IS
(1) IN GENERAL.—The Cuban Democracy Act
1
of 1992 (22 U.S.C. 6001 et seq.) is amended—
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(A) by striking section 1704 (22 U.S.C.
3
6003);
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(B)
in
section
1705(e)
(22
U.S.C.
5
6004(e))—
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(i) by striking paragraph (5); and
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(ii) by redesignating paragraph (6) as
8
paragraph (5);
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(C) by striking section 1706 (22 U.S.C.
10
6005); and
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(D) by striking section 1708 (22 U.S.C.
12
6007).
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(2) CONFORMING AMENDMENT.—Paragraph (3)
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of section 204(b) of the Cuban Liberty and Demo-
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cratic Solidarity (LIBERTAD) Act of 1996 (22
16
U.S.C. 6064(b)) is amended to read as follows:
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‘‘(3) section 1705(d) of the Cuban Democracy
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Act of 1992 (22 U.S.C. 6004(d));’’.
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(e) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY
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ACT.—
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(1) IN
GENERAL.—The Cuban Liberty and
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Democratic Solidarity (LIBERTAD) Act of 1996
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(22 U.S.C. 6021 et seq.) is amended—
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(A) by striking sections 101 through 108;
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•S 653 IS
(B) in section 109(a) (22 U.S.C. 6039(a)),
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by striking ‘‘(including section 102 of this
2
Act)’’;
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(C) by striking sections 110 through 116;
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and
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(D) by striking title II (22 U.S.C. 6061 et
6
seq.).
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(2) CONFORMING
AMENDMENT.—Section 606
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of the Illegal Immigration Reform and Immigrant
9
Responsibility Act of 1996 (Public Law 104–208; 8
10
U.S.C. 1255 note) is repealed.
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(f) TRADE SANCTIONS REFORM AND EXPORT EN-
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HANCEMENT ACT OF 2000.—The Trade Sanctions Re-
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form and Export Enhancement Act of 2000 (22 U.S.C.
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7201 et seq.) is amended—
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(1)
in
section
906(a)(1)
(22
U.S.C.
16
7205(a)(1)), by striking ‘‘Cuba,’’;
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(2) in section 908 (22 U.S.C. 7207)—
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(A) by striking subsection (b);
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(B) in subsection (a)—
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(i) by striking ‘‘PROHIBITION’’ and all
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that follows through ‘‘(1) IN GENERAL.—
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Notwithstanding’’ and inserting ‘‘IN GEN-
23
ERAL.—Notwithstanding’’;
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•S 653 IS
(ii) by striking ‘‘for exports to Cuba
1
or’’;
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(iii) by striking paragraph (2); and
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(iv) by redesignating paragraph (3) as
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subsection (b) and by moving such sub-
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section, as so redesignated, 2 ems to the
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left; and
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(C) in subsection (b), as redesignated by
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subparagraph (B)(iv), by striking ‘‘paragraph
9
(1)’’ and inserting ‘‘subsection (a)’’; and
10
(3) by striking section 909 (22 U.S.C. 7208).
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Æ
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