109TH CONGRESS 

2D SESSION S. 2682 

To exclude from admission to the United States aliens who have made 

investments directly and significantly contributing to the enhancement 

of the ability of Cuba to develop its petroleum resources, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2006 

Mr. NELSON of Florida introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To exclude from admission to the United States aliens who 

have made investments directly and significantly contributing to the enhancement of the ability of Cuba to develop its petroleum resources, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NULLIFICATION OF MARITIME BOUNDARY 

4 AGREEMENT. 

5 Notwithstanding any other provision of law, the Mar6 itime Boundary Agreement Between the United States of 

7 America and the Republic of Cuba signed at Washington 


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1 D.C., December 16, 1977, shall have no force and effect 

2 after the date of the enactment of this Act. 

3 SEC. 2. EXCLUSION OF CERTAIN ALIENS. 

4 (a) IN GENERAL.—The Cuban Liberty and Demo5 cratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 

6 6021 note) is amended by inserting after section 401 the 

7 following: 

8 ‘‘SEC. 402. EXCLUSION FROM THE UNITED STATES OF 

9 ALIENS WHO DIRECTLY AND SIGNIFICANTLY 

10 CONTRIBUTE TO THE ABILITY OF CUBA TO 

11 DEVELOP PETROLEUM RESOURCES OFF OF 

12 CUBA’S NORTH COAST. 

13 ‘‘(a) IN GENERAL.—The Secretary of State shall 

14 deny a visa to, and the Attorney General and the Sec15 retary of Homeland Security shall exclude from the United 

16 States, any alien who the Secretary of State determines 

17 is a person who— 

18 ‘‘(1) is an officer or principal of an entity, or 

19 a shareholder who owns a controlling interest in an 

20 entity, that, after the date of the enactment of this 

21 section, makes an investment of $1,000,000 or more 

22 (or any combination of investments that in the ag23 gregate equals or exceeds $1,000,000 in any 12- 

24 month period), that directly and significantly con25 tributes to the enhancement of Cuba’s ability to deVerDate Aug 31 2005 23:57 May 02, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2682.IS S2682

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1 velop petroleum resources off of Cuba’s north coast; 

2 or 

3 ‘‘(2) is a spouse, minor child, or agent of a per4 son described in paragraph (1). 

5 ‘‘(b) EXEMPTION.—Subsection (a) shall not apply if 

6 the Secretary of State finds, on a case-by-case basis, that 

7 the entry into the United States of the person who would 

8 otherwise be excluded under this section is necessary for 

9 medical reasons or for purposes of litigation of an action 

10 under title III. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) DEVELOP.—The term ‘develop’, with re13 spect to petroleum resources, means the exploration 

14 for, or the extraction, refining, or transportation by 

15 pipeline of, petroleum resources. 

16 ‘‘(2) INVESTMENT.— 

17 ‘‘(A) IN GENERAL.—The term ‘investment’ 

18 means any of the following activities if such ac19 tivity is undertaken pursuant to an agreement, 

20 or pursuant to the exercise of rights under such 

21 an agreement, that is entered into with the 

22 Government of Cuba or a nongovenmental enti23 ty in Cuba, on or after the date of the enact24 ment of this section: 


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1 ‘‘(i) The entry into a contract that in2 cludes responsibility for the development of 

3 petroleum resources located in Cuba, or 

4 the entry into a contract providing for the 

5 general supervision and guarantee of an6 other person’s performance of such a con7 tract. 

8 ‘‘(ii) The purchase of a share of own9 ership, including an equity interest, in that 

10 development. 

11 ‘‘(iii) The entry into a contract pro12 viding for the participation in royalties, 

13 earnings, or profits in that development, 

14 without regard to the form of the partici15 pation. 

16 ‘‘(B) EXCEPTION.—The term ‘investment’ 

17 does not include the entry into, performance, or 

18 financing of a contract to sell or purchase 

19 goods, services, or technology. 

20 ‘‘(3) PETROLEUM RESOURCES.—The term ‘pe21 troleum resources’ includes petroleum and natural 

22 gas resources.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section applies to aliens seeking to enter the United 

3 States on or after the date of the enactment of this Act. 

Æ 


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