II 

115TH CONGRESS 

1ST SESSION S. 1699 

To lift the trade embargo on Cuba, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2017 

Mr. WYDEN (for himself, Mr. LEAHY, Mrs. FEINSTEIN, Mr. DURBIN, Mr. 

UDALL, Mr. MERKLEY, and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To lift the trade embargo on Cuba, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States-Cuba 

5 Trade Act of 2017’’. 

6 SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE 

7 AND OTHER RELATIONS WITH CUBA. 

8 (a) AUTHORITY FOR EMBARGO AND SUGAR

9 QUOTA.— 


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1 (1) IN GENERAL.—Section 620(a) of the For2 eign Assistance Act of 1961 (22 U.S.C. 2370(a)) is 

3 repealed. 

4 (2) CONFORMING AMENDMENT.—Section 

5 1610(f)(1)(A) of title 28, United States Code, is 

6 amended by striking ‘‘section 620(a) of the Foreign 

7 Assistance Act of 1961 (22 U.S.C. 2370(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 effective date 

16 of this Act, may not be exercised on or after such 

17 effective date with respect to Cuba. 

18 (2) REGULATIONS.—Any regulation in effect on 

19 the day before the effective date of this Act pursuant 

20 to the exercise of authorities described in paragraph 

21 (1) shall cease to be effective on such effective date. 

22 (c) EXERCISE OF AUTHORITIES UNDER OTHER PRO23 VISIONS OF LAW.— 

24 (1) REMOVAL OF PROHIBITIONS.—Any prohibi25 tion on exports to Cuba that is in effect on the day 


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1 before the effective date of this Act under the Ex2 port Administration Act of 1979 (50 U.S.C. 4601 et 

3 seq.) (as continued in effect pursuant to the Inter4 national Emergency Economic Powers Act (50 

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

6 such effective date. 

7 (2) AUTHORITY FOR NEW RESTRICTIONS.—The 

8 President may, on and after the effective date of this 

9 Act— 

10 (A) impose export controls with respect to 

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

12 Export Administration Act of 1979 (as contin13 ued in effect pursuant to the International 

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

15 1701 et seq.)); and 

16 (B) exercise the authorities the President 

17 has under the International Emergency Eco18 nomic Powers Act with respect to Cuba pursu19 ant to a declaration of national emergency re20 quired by that Act that is made on account of 

21 an unusual and extraordinary threat to the na22 tional security, foreign policy, or economy of the 

23 United States, that did not exist before the date 

24 of the enactment of this Act. 


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1 (d) REPEAL OF CUBAN DEMOCRACY ACT OF 1992.— 

2 The Cuban Democracy Act of 1992 (22 U.S.C. 6001 et 

3 seq.) is repealed. 

4 (e) REPEAL OF CUBAN LIBERTY AND DEMOCRATIC

5 SOLIDARITY (LIBERTAD) ACT OF 1996.— 

6 (1) REPEAL.—The Cuban Liberty and Demo7 cratic Solidarity (LIBERTAD) Act of 1996 (22 

8 U.S.C. 6021 et seq.) is repealed. 

9 (2) CONFORMING AMENDMENTS.— 

10 (A) VISA REVOCATION.—Section 428(c)(2) 

11 of the Homeland Security Act of 2002 (6 

12 U.S.C. 236(c)(2)) is amended— 

13 (i) by striking subparagraph (K); and 

14 (ii) by redesignating subparagraphs 

15 (L) through (P) as subparagraphs (K) 

16 through (O), respectively. 

17 (B) EFFECT OF DETERMINATION.—Sec18 tion 606 of the Illegal Immigration Reform and 

19 Immigrant Responsibility Act of 1996 (Public 

20 Law 104–208; 8 U.S.C. 1255 note) is repealed. 

21 (C) PROPERTY IMMUNE FROM ATTACH22 MENT.—Section 1611 of title 28, United States 

23 Code, is amended by striking subsection (c). 

24 (D) INTERNATIONAL CLAIMS.—Sections 

25 514 and 515 of the International Claims SettleVerDate Sep 11 2014 00:39 Aug 16, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1699.IS S1699

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1 ment Act of 1949 (22 U.S.C. 1643l and 

2 1643m) are repealed. 

3 (f) REPEAL OF PROVISIONS IMPOSING CERTAIN RE4 STRICTIONS ON ASSISTANCE TO FORMER SOVIET COUN5 TRIES.— 

6 (1) IN GENERAL.—Section 498A of the Foreign 

7 Assistance Act of 1961 (22 U.S.C. 2295a) is amend8 ed— 

9 (A) in subsection (a)(11) by striking ‘‘and 

10 intelligence facilities, including the military and 

11 intelligence facilities at Lourdes and Cien12 fuegos,’’ and inserting ‘‘facilities,’’; 

13 (B) in subsection (b)— 

14 (i) in paragraph (4) by inserting 

15 ‘‘and’’ after the semicolon; 

16 (ii) by striking paragraph (5); and 

17 (iii) by redesignating paragraph (6) as 

18 paragraph (5); and 

19 (C) by striking subsection (d). 

20 (2) DEFINITIONS.—Section 498B(k) of the 

21 Foreign Assistance Act of 1961 (22 U.S.C. 

22 2295b(k)) is amended by striking paragraphs (3) 

23 and (4). 

24 (g) TRADE SANCTIONS REFORM AND EXPORT EN25 HANCEMENT ACT OF 2000.—The Trade Sanctions ReVerDate Sep 11 2014 00:39 Aug 16, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1699.IS S1699

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1 form and Export Enhancement Act of 2000 (22 U.S.C. 

2 7201 et seq.) is amended— 

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

4 7205(a)(1)), by striking ‘‘Cuba,’’; 

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

6 (A) by striking subsection (b); 

7 (B) in subsection (a)— 

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

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

10 Notwithstanding’’ and inserting ‘‘IN GEN11 ERAL.—Notwithstanding’’; 

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

13 or’’; 

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

15 (iv) by redesignating paragraph (3) as 

16 subsection (b) and by moving such sub17 section, as so redesignated, 2 ems to the 

18 left; and 

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

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

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

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

23 (4) by striking section 910 (22 U.S.C. 7209); 

24 and 


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1 (5) by redesignating section 911 (Public Law 

2 106–387; 114 Stat. 1549A–72) as section 909. 

3 (h) REPEAL OF PROHIBITION ON TRANSACTIONS OR

4 PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES

5 INTELLECTUAL PROPERTY.—Section 211 of the Depart6 ment of Commerce and Related Agencies Appropriations 

7 Act, 1999 (as contained in section 101(b) of division A 

8 of Public Law 105–277; 112 Stat. 2681–88) is repealed. 

9 (i) SUGAR QUOTA PROHIBITION UNDER FOOD SECU10 RITY ACT OF 1985.—Subsection (c) of section 902 of the 

11 Food Security Act of 1985 (Public Law 99–198; 99 Stat. 

12 1444) is repealed. 

13 SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILI14 TIES. 

15 Any common carrier, as defined in section 3 of the 

16 Communications Act of 1934 (47 U.S.C. 153), is author17 ized to install, maintain, and repair telecommunications 

18 equipment and facilities in Cuba, and otherwise provide 

19 telecommunications services between the United States 

20 and Cuba. The authority of this section includes the au21 thority to upgrade facilities and equipment. 

22 SEC. 4. TRAVEL. 

23 (a) IN GENERAL.—Travel to and from Cuba by indi24 viduals who are citizens or residents of the United States, 

25 and any transactions ordinarily incident to such travel, 


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1 may not be regulated or prohibited if that travel would 

2 be lawful in the United States. 

3 (b) TRANSACTIONS INCIDENT TO TRAVEL.—Trans4 actions ordinarily incident to travel that may not be regu5 lated or prohibited under subsection (a) include the fol6 lowing: 

7 (1) Transactions ordinarily incident to travel or 

8 maintenance in Cuba. 

9 (2) Normal banking transactions involving for10 eign currency drafts, traveler’s checks, or other ne11 gotiable instruments incident to that travel. 

12 SEC. 5. NEGOTIATIONS WITH CUBA. 

13 (a) NEGOTIATIONS.—The President should take all 

14 necessary steps to advance negotiations with the Govern15 ment of Cuba— 

16 (1) for the purpose of settling claims of nation17 als of the United States against the Government of 

18 Cuba for the taking of property by such government; 

19 and 

20 (2) for the purpose of securing the protection of 

21 internationally recognized human rights. 

22 (b) DEFINITIONS.—In this section, the terms ‘‘na23 tional of the United States’’ and ‘‘property’’ have the 

24 meanings given those terms in section 502 of the InterVerDate Sep 11 2014 00:39 Aug 16, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1699.IS S1699

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1 national Claims Settlement Act of 1949 (22 U.S.C. 

2 1643a). 

3 SEC. 6. EXTENSION OF NONDISCRIMINATORY TRADE 

4 TREATMENT. 

5 (a) SENSE OF CONGRESS.— 

6 (1) IN GENERAL.—It is the sense of the Con7 gress that— 

8 (A) the United States should promote 

9 democratic change and economic reform by nor10 malizing trade relations with Cuba; and 

11 (B) upon the enactment of this Act, it will 

12 no longer be necessary for the United States to 

13 continue to use article XXI of the GATT 1994 

14 with respect to Cuba, understanding that the 

15 President retains full authority to invoke article 

16 XXI of the GATT 1994 and comparable provi17 sions in other Uruguay Round Agreements in 

18 the future in all appropriate circumstances. 

19 (2) DEFINITIONS.—In this section, the terms 

20 ‘‘GATT 1994’’ and ‘‘Uruguay Round Agreements’’ 

21 have the meanings given those terms in section 2 of 

22 the Uruguay Round Agreements Act (19 U.S.C. 

23 3501). 

24 (b) EXTENSION OF NONDISCRIMINATORY TREAT25 MENT TO THE PRODUCTS OF CUBA.— 


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1 (1) HARMONIZED TARIFF SCHEDULE AMEND2 MENTS.—Subdivision (b) of general note 3 of the 

3 Harmonized Tariff Schedule of the United States is 

4 amended— 

5 (A) by striking ‘‘to section 401 of the Tar6 iff Classification Act of 1962,’’; and 

7 (B) by striking ‘‘Cuba’’. 

8 (2) REPEAL OF SECTION 401 OF THE TARIFF

9 CLASSIFICATION ACT OF 1962.—Section 401 of the 

10 Tariff Classification Act of 1962 (Public Law 87– 

11 456; 76 Stat. 78) is repealed. 

12 (3) TERMINATION OF APPLICATION OF TITLE IV

13 OF THE TRADE ACT OF 1974 TO CUBA.— 

14 (A) EXTENSION OF NONDISCRIMINATORY

15 TREATMENT.—Nondiscriminatory treatment 

16 (normal trade relations treatment) shall apply 

17 to the products of Cuba. 

18 (B) TERMINATION OF APPLICATION OF

19 TITLE IV.—Title IV of the Trade Act of 1974 

20 (19 U.S.C. 2431 et seq.) shall cease to apply to 

21 Cuba. 

22 (4) EFFECTIVE DATE.—This section, and the 

23 amendments made by this section, shall apply with 

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1 house for consumption, on or after the 15th day 

2 after the date of the enactment of this Act. 

3 (c) REPORT TO CONGRESS.—The President shall 

4 submit to Congress, not later than 18 months after the 

5 date of the enactment of this Act, a report on trade rela6 tions between the United States and Cuba. 

7 SEC. 7. PROHIBITION ON LIMITING ANNUAL REMITTANCES. 

8 (a) IN GENERAL.—Except as provided in subsection 

9 (b), the Secretary of the Treasury may not limit the 

10 amount of remittances to Cuba that may be made by any 

11 person who is subject to the jurisdiction of the United 

12 States, and the Secretary shall rescind all regulations in 

13 effect on the date of the enactment of this Act that so 

14 limit the amount of those remittances. 

15 (b) RULE OF CONSTRUCTION.—Nothing in sub16 section (a) may be construed to prohibit the prosecution 

17 or conviction of any person committing an offense de18 scribed in section 1956 of title 18, United States Code 

19 (relating to the laundering of monetary instruments), or 

20 section 1957 of such title (relating to engaging in mone21 tary transactions in property derived from specific unlaw22 ful activity). 


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1 SEC. 8. REQUIREMENT TO REPORT TO CONGRESS PRIOR 

2 TO DENIAL OF FOREIGN TAX CREDIT WITH 

3 RESPECT TO CERTAIN FOREIGN COUNTRIES. 

4 (a) IN GENERAL.—Subclause (II) of section 

5 901(j)(2)(B)(i) of the Internal Revenue Code of 1986 is 

6 amended by striking ‘‘such country becomes’’ and insert7 ing ‘‘the date on which the President reports to Congress 

8 that such country has been determined to be’’. 

9 (b) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—Subject to paragraph (2), 

11 the amendment made by this section shall apply to 

12 any determination regarding whether a foreign coun13 try is described in subparagraph (A) of section 

14 901(j)(2) of the Internal Revenue Code of 1986 

15 which is made after the date of the enactment of 

16 this Act. 

17 (2) NONAPPLICATION TO COUNTRIES SUBJECT

18 TO DENIAL OF FOREIGN TAX CREDIT.—Nothing in 

19 this section, or the amendment made by this section, 

20 shall be construed to alter, amend, or otherwise af21 fect the application of subsection (j) of section 901 

22 of such Code to any country which has been deter23 mined to be a country described in paragraph (2)(A) 

24 of such subsection on or before the date of the en25 actment of this Act. 


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1 SEC. 9. EFFECTIVE DATE. 

2 Except as provided in sections 6 and 8, this Act and 

3 the amendments made by this Act shall take effect 60 

4 days after the date of the enactment of this Act. 

Æ 


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