II 

115TH CONGRESS 

1ST SESSION S. 1286 

To lift the trade embargo on Cuba. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Ms. KLOBUCHAR (for herself, Mr. ENZI, Mr. LEAHY, Mr. FLAKE, Mr. DURBIN, Mrs. GILLIBRAND, Ms. WARREN, Mr. WHITEHOUSE, Mrs. SHAHEEN, Ms. STABENOW, Mr. BENNET, Mr. MURPHY, Mr. PAUL, and Mr. 

KING) 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 2017’’. 

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 


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•S 1286 IS

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

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

3 ‘‘Except’’. 

4 (2) CONFORMING AMENDMENT.—Section 1709 

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

6 6008) is amended by striking ‘‘section 620(a)(2)’’ 

7 and inserting ‘‘section 620(a)’’. 

8 (b) TRADING WITH THE ENEMY ACT.— 

9 (1) IN GENERAL.—The authorities conferred 

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

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

12 were being exercised with respect to Cuba on July 

13 1, 1977, as a result of a national emergency de14 clared by the President before that date, and are 

15 being exercised on the day before the date of the en16 actment of this Act, may not be relied upon on or 

17 after such date of enactment to continue the imposi18 tion of direct restrictions on trade with Cuba. 

19 (2) REGULATIONS.—Any regulation that im20 poses direct restrictions on trade with Cuba in effect 

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

22 Act pursuant to the exercise of authorities described 

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

24 purpose on and after such date of enactment. 


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1 (c) EXERCISE OF AUTHORITIES UNDER OTHER PRO2 VISIONS OF LAW.— 

3 (1) REMOVAL OF PROHIBITIONS.—Any prohibi4 tion on exports to Cuba that is in effect on the day 

5 before the date of the enactment of this Act under 

6 the Export Administration Act of 1979 (50 U.S.C. 

7 4601 et seq.) (as continued in effect pursuant to the 

8 International Emergency Economic Powers Act (50 

9 U.S.C. 1701 et seq.)) shall cease to be effective on 

10 and after such date of enactment. 

11 (2) AUTHORITY FOR NEW RESTRICTIONS.—The 

12 President may, on and after the date of the enact13 ment of this Act— 

14 (A) impose export controls with respect to 

15 Cuba under section 5, 6(j), 6(l), or 6(m) of the 

16 Export Administration Act of 1979 (as contin17 ued in effect pursuant to the International 

18 Emergency Economic Powers Act (50 U.S.C. 

19 1701 et seq.)); and 

20 (B) exercise the authorities the President 

21 has under the International Emergency Eco22 nomic Powers Act with respect to Cuba pursu23 ant to a declaration of national emergency re24 quired by that Act that is made on account of 

25 an unusual and extraordinary threat to the naVerDate Sep 11 2014 00:42 Jun 08, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1286.IS S1286

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1 tional security, foreign policy, or economy of the 

2 United States, that did not exist before the date 

3 of the enactment of this Act. 

4 (d) CUBAN DEMOCRACY ACT.— 

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

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

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

8 6003); 

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

10 6004(e))— 

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

12 (ii) by redesignating paragraph (6) as 

13 paragraph (5); 

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

15 6005); and 

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

17 6007). 

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

19 of section 204(b) of the Cuban Liberty and Demo20 cratic Solidarity (LIBERTAD) Act of 1996 (22 

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

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

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

24 (e) CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY

25 ACT.— 


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

2 Democratic Solidarity (LIBERTAD) Act of 1996 

3 (22 U.S.C. 6021 et seq.) is amended— 

4 (A) by striking sections 101 through 108; 

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

6 by striking ‘‘(including section 102 of this 

7 Act)’’; 

8 (C) by striking sections 110 through 116; 

9 and 

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

11 seq.). 

12 (2) CONFORMING AMENDMENT.—Section 606 

13 of the Illegal Immigration Reform and Immigrant 

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

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

16 (f) TRADE SANCTIONS REFORM AND EXPORT EN17 HANCEMENT ACT OF 2000.—The Trade Sanctions Re18 form and Export Enhancement Act of 2000 (22 U.S.C. 

19 7201 et seq.) is amended— 

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

21 7205(a)(1)), by striking ‘‘Cuba,’’; 

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

23 (A) by striking subsection (b); 

24 (B) in subsection (a)— 


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

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

3 Notwithstanding’’ and inserting ‘‘IN GEN4 ERAL.—Notwithstanding’’; 

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

6 or’’; 

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

8 (iv) by redesignating paragraph (3) as 

9 subsection (b) and by moving such sub10 section, as so redesignated, 2 ems to the 

11 left; and 

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

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

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

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

Æ 


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