Freedom to Export to Cuba Act of 2017

Summary: Freedom to Export to Cuba Act of 2017 This bill amends: (1) the Foreign Assistance Act of 1961 to repeal the prohibition on assistance to Cuba and the President's authority for the embargo on Cuba, (2) the Trading with the Enemy Act to repeal the President's authority to continue direct restrictions on trade with Cuba, and (3) the Export Administration Act of 1979 to repeal the prohibitions on exports to Cuba.  The bill authorizes the President to: (1) impose export controls with respect to Cuba, and (2) exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security.  The Cuban Democracy Act of 1992 is amended to eliminate:   presidential authority to impose sanctions against Cuban trading partners,  restrictions on transactions between U.S.-owned or controlled firms and Cuba,  limitations on direct shipping between Cuban and U.S. ports, and  restrictions on remittances.    The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is amended to eliminate provisions concerning:   the enforcement of an economic embargo of Cuba;  the prohibition on indirect financing of Cuba;  opposition to Cuban membership in international financial institutions;   opposition to ending Cuban suspension from the Organization of American States;  certain import restrictions, including sugar restrictions;   family remittance and travel to Cuba, news bureaus in Cuba, and extradition of persons sought by the Department of Justice for crimes committed in the United States; and  assistance to a free and independent Cuba.   The Trade Sanctions Reform and Export Enhancement Act of 2000 is amended to:   remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions; and  repeal the prohibition on the U.S. entry of merchandise that is of Cuban origin, that is or has been located in or transported from or through Cuba, or that is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom to Export to Cuba Act of 
2017''.

SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS 
              WITH CUBA.

    (a) Authority for Embargo.--
            (1) In general.--Section 620(a) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2370(a)) is amended by striking ``(1) No 
        assistance'' and all that follows through ``(2) Except'' and 
        inserting ``Except''.
            (2) Conforming amendment.--Section 1709 of the Cuban 
        Democracy Act of 1992 (22 U.S.C. 6008) is amended by striking 
        ``section 620(a)(2)'' and inserting ``section 620(a)''.
    (b) Trading With the Enemy Act.--
            (1) In general.--The authorities conferred upon the 
        President by section 5(b) of the Trading With the Enemy Act (50 
        U.S.C. 4305(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 date of the enactment of this 
        Act, may not be relied upon on or after such date of enactment 
        to continue the imposition of direct restrictions on trade with 
        Cuba.
            (2) Regulations.--Any regulation that imposes direct 
        restrictions on trade with Cuba in effect on the day before the 
        date of the enactment of this Act pursuant to the exercise of 
        authorities described in paragraph (1) shall cease to be 
        effective for that purpose on and after such date of enactment.
    (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 date of the 
        enactment of this Act under the Export Administration Act of 
        1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant 
        to the International Emergency Economic Powers Act (50 U.S.C. 
        1701 et seq.)) shall cease to be effective on and after such 
        date of enactment.
            (2) Authority for new restrictions.--The President may, on 
        and after the date of the enactment 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 (as continued in effect 
                pursuant to the International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.)); and
                    (B) exercise the authorities the President 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 to the 
                national security, foreign policy, or economy of the 
                United States, that did not exist before the date of 
                the enactment of this Act.
    (d) Cuban Democracy Act.--
            (1) In general.--The Cuban Democracy Act of 1992 (22 U.S.C. 
        6001 et seq.) is amended--
                    (A) by striking section 1704 (22 U.S.C. 6003);
                    (B) in section 1705(e) (22 U.S.C. 6004(e))--
                            (i) by striking paragraph (5); and
                            (ii) by redesignating paragraph (6) as 
                        paragraph (5);
                    (C) by striking section 1706 (22 U.S.C. 6005); and
                    (D) by striking section 1708 (22 U.S.C. 6007).
            (2) Conforming amendment.--Paragraph (3) of section 204(b) 
        of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 
        of 1996 (22 U.S.C. 6064(b)) is amended to read as follows:
            ``(3) section 1705(d) of the Cuban Democracy Act of 1992 
        (22 U.S.C. 6004(d));''.
    (e) Cuban Liberty and Democratic Solidarity Act.--
            (1) In general.--The Cuban Liberty and Democratic 
        Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is 
        amended--
                    (A) by striking sections 101 through 108;
                    (B) in section 109(a) (22 U.S.C. 6039(a)), by 
                striking ``(including section 102 of this Act)'';
                    (C) by striking sections 110 through 116; and
                    (D) by striking title II (22 U.S.C. 6061 et seq.).
            (2) Conforming amendment.--Section 606 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (Public Law 104-208; 8 U.S.C. 1255 note) is 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) (22 U.S.C. 7205(a)(1)), by 
        striking ``Cuba,'';
            (2) in section 908 (22 U.S.C. 7207)--
                    (A) by striking subsection (b);
                    (B) in subsection (a)--
                            (i) by striking ``Prohibition'' and all 
                        that follows through ``(1) In general.--
                        Notwithstanding'' and inserting ``In General.--
                        Notwithstanding'';
                            (ii) by striking ``for exports to Cuba 
                        or'';
                            (iii) by striking paragraph (2); and
                            (iv) by redesignating paragraph (3) as 
                        subsection (b) and by moving such subsection, 
                        as so redesignated, 2 ems to the left; and
                    (C) in subsection (b), as redesignated by 
                subparagraph (B)(iv), by striking ``paragraph (1)'' and 
                inserting ``subsection (a)''; and
            (3) by striking section 909 (22 U.S.C. 7208).