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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3225 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3225

    To impose sanctions with respect to any foreign person that the 
    President determines engages in or has engaged in a significant 
  transaction or transactions, or any dealings with, or has provided 
 material support to or for a military or intelligence facility of the 
      People's Republic of China in Cuba, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2023

 Mr. Risch (for himself, Mr. Barrasso, Mr. Hagerty, and Mr. Ricketts) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
    To impose sanctions with respect to any foreign person that the 
    President determines engages in or has engaged in a significant 
  transaction or transactions, or any dealings with, or has provided 
 material support to or for a military or intelligence facility of the 
      People's Republic of China in Cuba, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Countering Espionage And 
Surveillance Entities in Cuba Act'' or the ``CEASE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On January 11, 2021, the Department of State designated 
        the Government of Cuba as a state sponsor of terrorism for 
        repeatedly providing support for acts of international 
        terrorism in granting safe harbor to terrorists, and Cuba 
        remains a significant national security threat to the United 
        States.
            (2) The People's Republic of China and Cuba have maintained 
        close strategic relations since 1960, including through 
        diplomatic, military, economic, and intelligence cooperation, 
        reaffirmed by the People's Republic of China designating Cuba 
        as ``good brother, good comrade, good friend'', a title that is 
        not shared by any other country in the world.
            (3) The relationship between the Government of Cuba and the 
        Government of the People's Republic of China heightens the 
        national security threat to the United States.
            (4) A staff research report entitled ``China's Engagement 
        with Latin America and the Caribbean'' published by the by the 
        United States-China Economic and Security Review Commission in 
        October 2018 asserts that the military relationship between the 
        People's Republic of China and Cuba ``is characterized by 
        frequent senior-level meetings and technical assistance 
        provided by China's military to Cuba's military''.
            (5) The report also asserts that the People's Republic of 
        China ``has a physical presence at multiple Soviet-era 
        intelligence facilities at Lourdes, Bejucal, and Santiago de 
        Cuba to collect signals intelligence''.
            (6) In April 2019, September 2020, and January 2021, the 
        Department of State updated the List of Restricted Entities and 
        Subentities Associated with Cuba (commonly known as the ``Cuba 
        Restricted List'') to include entities and subentities under 
        the control of, or acting for or on behalf of, Cuban military, 
        intelligence, or security services or personnel with which 
        direct financial transactions would disproportionately benefit 
        such services or personnel at the expense of the Cuban people 
        or private enterprise in Cuba.
            (7) Recommendations issued in 2022 by the Committee for the 
        Assessment of Foreign Participation in the United States 
        Telecommunications Services Sector stated that the People's 
        Republic of China ``remains the most sophisticated 
        counterintelligence and cyber threat to the United States''.
            (8) According to the most recent report submitted to 
        Congress by the Director of National Intelligence pursuant to 
        section 108B of the National Security Act of 1947 (50 U.S.C. 
        3043b) (commonly referred to as the ``Annual Threat 
        Assessment''), the People's Republic of China is expanding its 
        global intelligence and covert influence posture and 
        ``represents the broadest, most active, and persistent cyber 
        espionage threat'' to the United States.
            (9) On June 10, 2023, the White House confirmed reports 
        that the People's Republic of China has been operating and 
        upgrading intelligence collection facilities in Cuba since at 
        least 2019, and the People's Republic of China ``will keep 
        trying to enhance its presence in Cuba''.
            (10) The People's Republic of China and Cuba have expanded 
        defense relations in recent years, including ``military-to-
        military strategic mutual trust and practical cooperation'', 
        such as regular institutional and senior leader visits between 
        the two countries and the establishment of joint artificial 
        intelligence centers.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the growing military and intelligence collaboration 
        between the Government of People's Republic of China and the 
        Government of Cuba is a threat to the United States and the 
        peace and stability of the Western Hemisphere;
            (2) the Secretary of State should ensure that United States 
        diplomatic personnel abroad understand, and are communicating 
        with foreign officials, the reasons for concerns of the United 
        States with respect to the military and intelligence 
        partnership between the Government of Cuba and the Government 
        of the People's Republic of China; and
            (3) the Secretary of State should ensure that United States 
        diplomatic personnel abroad are urging foreign governments to 
        cooperate more effectively to address the threat from military 
        and intelligence cooperation between the Government of Cuba and 
        the Government of the People's Republic of China.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to hold accountable any foreign person that engages in 
        or has engaged in a significant transaction or transactions, or 
        any significant dealings with, or has provided, directly or 
        indirectly, material support to a military or intelligence 
        facility of the People's Republic of China in Cuba;
            (2) to seek the speedy termination of access by the 
        Government of the People's Republic of China to military and 
        intelligence facilities in Cuba; and
            (3) to be prepared to reduce sanctions imposed under 
        section 5 in response to the verifiable termination of access 
        by the Government of the People's Republic of China to and 
        withdrawal of personnel, including advisers, technicians, and 
        military personnel, from such facilities.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO MILITARY AND 
              INTELLIGENCE FACILITIES OF THE PEOPLE'S REPUBLIC OF CHINA 
              IN CUBA.

    (a) In General.--The President shall direct the Secretary of State 
to impose the sanctions described in subsection (b) with respect to any 
foreign person that the Secretary determines engages in or has engaged 
in a significant transaction or transactions, or any significant 
dealings with, or has provided material support to or for a military or 
intelligence facility of the People's Republic of China in Cuba.
    (b) Sanctions Described.--The sanctions described in this 
subsection with respect to a foreign person are the following:
            (1) Asset blocking.--The exercise of all powers granted to 
        the President by the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
        and prohibit all transactions in all property and interests in 
        property of the foreign person if such property and interests 
        in property are in the United States, come within the United 
        States, or are or come within the possession or control of a 
        United States person.
            (2) Exclusion from the united states and revocation of visa 
        or other documentation.--In the case of a foreign person who is 
        an alien, denial of a visa to, and exclusion from the United 
        States of, the alien, and revocation in accordance with section 
        221(i) of the Immigration and Nationality Act (8 U.S.C. 
        1201(i)), of any visa or other documentation of the alien.
    (c) Implementation; Penalties.--
            (1) Implementation.--The President shall exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that knowingly violates, attempts 
        to violate, conspires to violate, or causes a violation of 
        subsection (b)(2) or any regulation, license, or order issued 
        to carry out that subsection shall be subject to the penalties 
        set forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.
    (d) Exceptions.--
            (1) Importation of goods.--
                    (A) In general.--The authorities and requirements 
                to impose sanctions authorized under this section shall 
                not include the authority or a requirement to impose 
                sanctions on the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or manmade 
                substance, material, supply, or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
            (2) Compliance with united nations headquarters 
        agreement.--Sanctions under subsection (b)(3) shall not apply 
        to an alien if admitting the alien into the United States is 
        necessary to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
    (e) Termination of Sanctions.--Notwithstanding any other provision 
of law, this section shall terminate on the date that is 30 days after 
the date on which the President determines and certifies to the 
appropriate congressional committees (and Congress has not enacted 
legislation disapproving the determination within that 30-day period) 
that Cuba has closed and dismantled all military or intelligence 
facilities of the People's Republic of China in Cuba.
    (f) Waiver.--
            (1) In general.--The President may waive the application of 
        sanctions under this section with respect to a foreign person 
        if the President, not later than 10 days before the waiver is 
        to take effect, determines and certifies to the appropriate 
        congressional committees that the waiver is in the vital 
        national security interest of the United States.
            (2) Justification.--The President shall include with a 
        certification submitted under paragraph (1) with respect to a 
        waiver a detailed justification explaining the reasons for the 
        waiver.
    (g) Definitions.--In this section:
            (1) Alien.--The term ``alien'' has the meaning given that 
        term in section 101 of the Immigration and Nationality Act (8 
        U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' includes--
                    (A) the Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) Person.--The term ``person'' means an individual or 
        entity.
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.

SEC. 6. REPORT ON ASSISTANCE BY THE PEOPLE'S REPUBLIC OF CHINA FOR THE 
              GOVERNMENT OF CUBA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report 
describing--
            (1) diplomatic engagement between the Government of the 
        People's Republic of China and the Government of Cuba;
            (2) the military and intelligence activities of the 
        Government of the People's Republic of China in Cuba, including 
        any military or intelligence facilities used by that government 
        in Cuba;
            (3) the purposes for which the Government of the People's 
        Republic of China conducts those activities and uses those 
        facilities in Cuba;
            (4) the extent to which the Government of the People's 
        Republic of China provides payment or government credits to the 
        Government of Cuba for the continued use of those facilities in 
        Cuba; and
            (5) any progress toward the verifiable termination of 
        access by the Government of the People's Republic of China to 
        those facilities and withdrawal of personnel, including 
        advisers, technicians, and military personnel, from those 
        facilities.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form and shall include a classified annex.
    (c) Definitions.--In this section:
            (1) Agency or instrumentality of the government of cuba.--
        The term ``agency or instrumentality of the Government of 
        Cuba'' means an agency or instrumentality of a foreign state as 
        defined in section 1603(b) of title 28, United States Code, 
        with each reference in that section to ``a foreign state'' 
        deemed to be a reference to ``Cuba''.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' includes--
                    (A) the Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
            (3) Government of cuba.--The term ``Government of Cuba'' 
        includes the government of any political subdivision of Cuba 
        and any agency or instrumentality of the Government of Cuba.

SEC. 7. REPORT ON SPECIFIC LICENSES THAT AUTHORIZE TRANSACTIONS WITH 
              SANCTIONED PERSONS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and every 90 days thereafter, the Secretary of 
the Treasury, in coordination with the Secretary of State, shall submit 
to the committees specified in subsection (c) a report that includes--
            (1) a list of specific licenses issued by the Secretary of 
        the Treasury during the period specified in subsection (b) that 
        authorize any transaction with a person with respect to which 
        sanctions have been imposed under section 5 or any relevant 
        Executive order; and
            (2) a copy of each such license.
    (b) Period Specified.--The period specified in this subsection is--
            (1) in the case of the first report required by paragraph 
        (1), the 180-day period preceding submission of the report; and
            (2) in the case of any subsequent report required by that 
        paragraph, the 90-day period preceding submission of the 
        report.
    (c) Committees Specified.--The committees specified in this 
subsection are--
            (1) the Committee on Banking, Housing, and Urban Affairs 
        and the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Financial Services and the Committee 
        on Foreign Affairs of the House of Representatives.
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