II 

109TH CONGRESS 

2D SESSION S. 2795 

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

investments 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 

MAY 11, 2006 

Mr. MARTINEZ introduced the following bill; which was read twice and 

referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To exclude from admission to the United States aliens who 

have made investments 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. STATEMENT OF POLICY. 

4 It shall be the policy of the United States to— 

5 (1) undertake the necessary measures to deny 

6 the Cuban regime the financial resources to engage 

7 in activities that threaten— 


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1 (A) United States national security, its in2 terests and its allies; 

3 (B) the environment and natural resources 

4 of the submerged lands of Cuba’s northern 

5 coast and Florida’s unique maritime environ6 ment; and 

7 (C) that prolong the dictatorship that op8 presses the Cuban people; and 

9 (2) deter foreign investments that would en10 hance the ability of the Cuban regime to develop its 

11 petroleum resources. 

12 SEC. 2. EXCLUSION OF CERTAIN ALIENS. 

13 (a) IN GENERAL.—The Cuban Liberty and Demo14 cratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 

15 6021 et seq.) is amended by inserting after section 401 

16 the following: 

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

18 ALIENS WHO CONTRIBUTE TO THE ABILITY 

19 OF CUBA TO DEVELOP PETROLEUM RE20 SOURCES OFF OF CUBA’S NORTHERN COAST. 

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

22 deny a visa to, and the Secretary of Homeland Security 

23 shall exclude from the United States, any alien who the 

24 Secretary of State determines is a person who— 


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

2 a shareholder who owns a controlling interest in an 

3 entity, that, on or after May 2, 2006, makes an in4 vestment that equals or exceeds $1,000,000 (or any 

5 combination of investments that in the aggregate 

6 equals or exceeds $1,000,000 in any 12-month pe7 riod), that contributes to the enhancement of Cuba’s 

8 ability to develop petroleum resources of the sub9 merged lands of Cuba’s northern coast; or 

10 ‘‘(2) is a spouse, minor child, or agent of a per11 son described in paragraph (1). 

12 ‘‘(b) WAIVER.—The Secretary of State may waive the 

13 application of subsection (a) if the Secretary certifies and 

14 reports to the appropriate congressional committees, on a 

15 case-by-case basis, that the admission to the United States 

16 of a person described in subsection (a)— 

17 ‘‘(1) is necessary for critical medical reasons or 

18 for purposes of litigation of an action under title III; 

19 or 

20 ‘‘(2) is appropriate if the requirements of sec21 tions 203, 204, and 205 have been satisfied. 

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

23 ‘‘(1) DEVELOP.—The term ‘develop’, with re24 spect to petroleum resources, means the exploration 


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

2 pipeline or other means of, petroleum resources. 

3 ‘‘(2) INVESTMENT.—The term ‘investment’ 

4 means any of the following activities if such activity 

5 is undertaken pursuant to an agreement, or pursu6 ant to the exercise of rights under such an agree7 ment, that is entered into with the Government of 

8 Cuba (or any agency or instrumentality thereof) or 

9 a nongovernmental entity in Cuba, on or after May 

10 2, 2006: 

11 ‘‘(A) The entry into a contract that in12 cludes responsibility for the development of pe13 troleum resources of the submerged lands of 

14 Cuba’s northern coast, or the entry into a con15 tract providing for the general supervision and 

16 guarantee of another person’s performance of 

17 such a contract. 

18 ‘‘(B) The purchase of a share of owner19 ship, including an equity interest, in that devel20 opment. 

21 ‘‘(C) The entry into a contract providing 

22 for the participation in royalties, earnings, or 

23 profits in that development, without regard to 

24 the form of the participation. 


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1 ‘‘(D) The entry into, performance, or fi2 nancing of a contract to sell or purchase goods, 

3 services, or technology related to that develop4 ment. 

5 ‘‘(3) PETROLEUM RESOURCES.—The term ‘pe6 troleum resources’ includes petroleum and natural 

7 gas resources.’’. 

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

9 this section applies to aliens seeking admission to the 

10 United States on or after the date of the enactment of 

11 this Act. 

12 SEC. 3. IMPOSITION OF SANCTIONS. 

13 (a) IN GENERAL.—The President shall impose two 

14 or more of the sanctions described in subsection (b) if the 

15 President determines that a person has, on or after May 

16 2, 2006, made an investment that equals or exceeds 

17 $1,000,000 (or any combination of investments that in the 

18 aggregate equals or exceeds $1,000,000 in any 12-month 

19 period) that contributes to the enhancement of Cuba’s 

20 ability to develop petroleum resources of the submerged 

21 lands of Cuba’s northern coast. 

22 (b) SANCTIONS DESCRIBED.—The sanctions to be 

23 imposed on a sanctioned person under this section are as 

24 follows: 


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1 (1) EXPORT-IMPORT BANK ASSISTANCE FOR

2 EXPORTS TO SANCTIONED PERSONS.—The President 

3 may direct the Export-Import Bank of the United 

4 States not to give approval to the issuance of any 

5 guarantee, insurance, extension of credit, or partici6 pation in the extension of credit in connection with 

7 the export of any goods or services to any sanctioned 

8 person. 

9 (2) EXPORT SANCTION.—The President may 

10 order the United States Government not to issue 

11 any specific license and not to grant any other spe12 cific permission or authority to export any goods or 

13 technology to a sanctioned person under— 

14 (A) the Export Administration Act of 1979 

15 (50 U.S.C. App. 2401 et seq.); 

16 (B) the Arms Export Control Act (22 

17 U.S.C. 2751 et seq.); 

18 (C) the Atomic Energy Act of 1954 (42 

19 U.S.C. 2011 et seq.); or 

20 (D) any other statute that requires the 

21 prior review and approval of the United States 

22 Government as a condition for the export or re23 export of goods or services. 

24 (3) LOANS FROM UNITED STATES FINANCIAL

25 INSTITUTIONS.—The United States Government 


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1 may prohibit any United States financial institution 

2 from making loans or providing credits to any sanc3 tioned person totaling more than $10,000,000 in 

4 any 12-month period unless such person is engaged 

5 in activities to relieve human suffering and the loans 

6 or credits are provided for such activities. 

7 (4) PROHIBITIONS ON FINANCIAL INSTITU8 TIONS.— 

9 (A) IN GENERAL.—The following prohibi10 tions may be imposed against a sanctioned per11 son that is a financial institution: 

12 (i) PROHIBITION ON DESIGNATION AS

13 PRIMARY DEALER.—Neither the Board of 

14 Governors of the Federal Reserve System 

15 nor the Federal Reserve Bank of New 

16 York may designate, or permit the continu17 ation of any prior designation of, such fi18 nancial institution as a primary dealer in 

19 United States Government debt instru20 ments. 

21 (ii) PROHIBITION ON SERVICE AS A

22 REPOSITORY OF GOVERNMENT FUNDS.— 

23 Such financial institution may not serve as 

24 agent of the United States Government or 


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1 serve as repository for United States Gov2 ernment funds. 

3 (B) TREATMENT OF SANCTIONS.—The im4 position of either sanction under clause (i) or 

5 (ii) of subparagraph (A) shall be treated as one 

6 sanction for purposes of this section, and the 

7 imposition of both such sanctions shall be treat8 ed as two sanctions for purposes of this section. 

9 (5) PROCUREMENT SANCTION.—The United 

10 States Government may not procure, or enter into 

11 any contract for the procurement of, any goods or 

12 services from a sanctioned person. 

13 (c) PERSON DEFINED.—In this section, the term 

14 ‘‘person’’ includes a foreign subsidiary of a person referred 

15 to in subsection (a). 

Æ 


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