II 

116TH CONGRESS 

1ST SESSION S. 428 

To lift the trade embargo on Cuba. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Ms. KLOBUCHAR (for herself, Mr. ENZI, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To lift the trade embargo on Cuba. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom to Export 

5 to Cuba Act of 2019’’. 

6 SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE 

7 AND OTHER RELATIONS WITH CUBA. 

8 (a) AUTHORITY FOR EMBARGO.— 

9 (1) IN GENERAL.—Section 620(a) of the For10 eign Assistance Act of 1961 (22 U.S.C. 2370(a)) is 

11 amended by striking ‘‘(1) No assistance’’ and all 


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1 that follows through ‘‘(2) Except’’ and inserting 

2 ‘‘Except’’. 

3 (2) CONFORMING AMENDMENT.—Section 1709 

4 of the Cuban Democracy Act of 1992 (22 U.S.C. 

5 6008) is amended by striking ‘‘section 620(a)(2)’’ 

6 and inserting ‘‘section 620(a)’’. 

7 (b) TRADING WITH THE ENEMY ACT.— 

8 (1) IN GENERAL.—The authorities conferred 

9 upon the President by section 5(b) of the Trading 

10 With the Enemy Act (50 U.S.C. 4305(b)), which 

11 were being exercised with respect to Cuba on July 

12 1, 1977, as a result of a national emergency de13 clared by the President before that date, and are 

14 being exercised on the day before the date of the en15 actment of this Act, may not be relied upon on or 

16 after such date of enactment to continue the imposi17 tion of direct restrictions on trade with Cuba. 

18 (2) REGULATIONS.—Any regulation that im19 poses direct restrictions on trade with Cuba in effect 

20 on the day before the date of the enactment of this 

21 Act pursuant to the exercise of authorities described 

22 in paragraph (1) shall cease to be effective for that 

23 purpose on and after such date of enactment. 

24 (c) EXERCISE OF AUTHORITIES UNDER OTHER PRO25 VISIONS OF LAW.— 


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1 (1) REMOVAL OF PROHIBITIONS.—Any prohibi2 tion on exports to Cuba that is in effect on the day 

3 before the date of the enactment of this Act under 

4 the Export Administration Act of 1979 or the Ex5 port Control Reform Act of 2018 (50 U.S.C. 4801 

6 et seq.) shall cease to be effective on and after such 

7 date of enactment. 

8 (2) AUTHORITY FOR NEW RESTRICTIONS.—The 

9 President may, on and after the date of the enact10 ment of this Act— 

11 (A) impose export controls with respect to 

12 Cuba under section 1753 or 1754(c) of the Ex13 port Control Reform Act of 2018 (50 U.S.C. 

14 4812 and 4813(c)); and 

15 (B) exercise the authorities the President 

16 has under the International Emergency Eco17 nomic Powers Act (50 U.S.C. 1701 et seq.) 

18 with respect to Cuba pursuant to a declaration 

19 of national emergency required by that Act that 

20 is made on account of an unusual and extraor21 dinary threat to the national security, foreign 

22 policy, or economy of the United States, that 

23 did not exist before the date of the enactment 

24 of this Act. 

25 (d) CUBAN DEMOCRACY ACT.— 


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1 (1) IN GENERAL.—The Cuban Democracy Act 

2 of 1992 (22 U.S.C. 6001 et seq.) is amended— 

3 (A) by striking section 1704 (22 U.S.C. 

4 6003); 

5 (B) in section 1705(e) (22 U.S.C. 

6 6004(e))— 

7 (i) by striking paragraph (5); and 

8 (ii) by redesignating paragraph (6) as 

9 paragraph (5); 

10 (C) by striking section 1706 (22 U.S.C. 

11 6005); and 

12 (D) by striking section 1708 (22 U.S.C. 

13 6007). 

14 (2) CONFORMING AMENDMENT.—Paragraph (3) 

15 of section 204(b) of the Cuban Liberty and Demo16 cratic Solidarity (LIBERTAD) Act of 1996 (22 

17 U.S.C. 6064(b)) is amended to read as follows: 

18 ‘‘(3) section 1705(d) of the Cuban Democracy 

19 Act of 1992 (22 U.S.C. 6004(d));’’. 

20 (e) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY

21 ACT.— 

22 (1) IN GENERAL.—The Cuban Liberty and 

23 Democratic Solidarity (LIBERTAD) Act of 1996 

24 (22 U.S.C. 6021 et seq.) is amended— 

25 (A) by striking sections 101 through 108; 


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1 (B) in section 109(a) (22 U.S.C. 6039(a)), 

2 by striking ‘‘(including section 102 of this 

3 Act)’’; 

4 (C) by striking sections 110 through 116; 

5 and 

6 (D) by striking title II (22 U.S.C. 6061 et 

7 seq.). 

8 (2) CONFORMING AMENDMENT.—Section 606 

9 of the Illegal Immigration Reform and Immigrant 

10 Responsibility Act of 1996 (Public Law 104–208; 8 

11 U.S.C. 1255 note) is repealed. 

12 (f) TRADE SANCTIONS REFORM AND EXPORT EN13 HANCEMENT ACT OF 2000.—The Trade Sanctions Re14 form and Export Enhancement Act of 2000 (22 U.S.C. 

15 7201 et seq.) is amended— 

16 (1) in section 906(a)(1) (22 U.S.C. 

17 7205(a)(1)), by striking ‘‘Cuba,’’; 

18 (2) in section 908 (22 U.S.C. 7207)— 

19 (A) by striking subsection (b); 

20 (B) in subsection (a)— 

21 (i) by striking ‘‘PROHIBITION’’ and all 

22 that follows through ‘‘(1) IN GENERAL.— 

23 Notwithstanding’’ and inserting ‘‘IN GEN24 ERAL.—Notwithstanding’’; 


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1 (ii) by striking ‘‘for exports to Cuba 

2 or’’; 

3 (iii) by striking paragraph (2); and 

4 (iv) by redesignating paragraph (3) as 

5 subsection (b) and by moving such sub6 section, as so redesignated, 2 ems to the 

7 left; and 

8 (C) in subsection (b), as redesignated by 

9 subparagraph (B)(iv), by striking ‘‘paragraph 

10 (1)’’ and inserting ‘‘subsection (a)’’; and 

11 (3) by striking section 909 (22 U.S.C. 7208). 

Æ 


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