I 

114TH CONGRESS 

1ST SESSION H. R. 2937 

To strengthen support for the Cuban people and prohibit financial 

transactions with the Cuban military, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2015 

Mr. NUNES (for himself, Mr. THORNBERRY, Mr. FRELINGHUYSEN, Mr. DIAZBALART, Ms. ROS-LEHTINEN, Mr. CURBELO of Florida, Mr. ALLEN, Mr. 

BOUSTANY, Mr. COLE, Mr. CRENSHAW, Mr. DESANTIS, Mr. HARDY, Mr. 

HOLDING, Mr. YOUNG of Iowa, Ms. JENKINS of Kansas, Mr. KING of 

New York, Mr. LAMBORN, Mr. MARINO, Mrs. MILLER of Michigan, Mr. 

MILLER of Florida, Mr. MOONEY of West Virginia, Mr. MURPHY of 

Pennsylvania, Mr. POMPEO, Mr. TOM PRICE of Georgia, Mr. RIGELL, Mr. 

SALMON, Mr. SIRES, Mr. STEWART, Mr. TIBERI, Mr. UPTON, Mr. 

VALADAO, Mrs. MIMI WALTERS of California, and Mr. WILSON of South 

Carolina) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To strengthen support for the Cuban people and prohibit 

financial transactions with the Cuban military, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Cuban Military Transparency Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Statement of policy. 

Sec. 4. Prohibitions on financial transactions with the Ministry of the Revolutionary Armed Forces or the Ministry of the Interior of Cuba. 

Sec. 5. Inclusion in Department of State rewards program of rewards for information leading to the arrest or conviction of individuals responsible for the February 24, 1996, attack on United States aircraft. 

Sec. 6. Coordination with INTERPOL. 

Sec. 7. Report on the role of the Ministry of the Revolutionary Armed Forces 

and the Ministry of the Interior of Cuba in the economy and 

foreign relationships of Cuba. 

Sec. 8. Report on use and ownership of confiscated property. 

Sec. 9. Termination. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) In his December 17, 2014, announcement 

9 to pursue the normalization of relations with Cuba, 

10 President Barack Obama stated, ‘‘I believe that 

11 more resources should be able to reach the Cuban 

12 people. So we’re significantly increasing the amount 

13 of money that can be sent to Cuba, and removing 

14 limits on remittances that support humanitarian 

15 projects, the Cuban people, and the emerging Cuban 

16 private sector.’’. 

17 (2) In his January 14, 2011, comments on the 

18 easing of travel sanctions, President Barack Obama 


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1 also stated, ‘‘These measures will increase people-to2 people contact; support civil society in Cuba; en3 hance the free flow of information to, from, and 

4 among the Cuban people; and help promote their 

5 independence from Cuban authorities.’’. 

6 (3) Article 18 of the 1976 Constitution of Cuba 

7 reads, ‘‘The State directs and controls foreign com8 merce.’’. 

9 (4) The largest company in Cuba is the Grupo 

10 Gaesa (Grupo de Administracio ́n Empresarial S.A.), 

11 founded by General Raul Castro Ruz in the 1990s, 

12 controlled and operated by the Cuban military, 

13 which oversees all investments, and run by General 

14 Raul Castro’s son-in-law, General Luis Alberto 

15 Rodriguez Lopez-Callejas. 

16 (5) On June 3, 2015, the United States House 

17 of Representatives voted overwhelmingly in support 

18 of a provision prohibiting exports to the Cuban mili19 tary and security services in the Fiscal Year 2016 

20 Commerce, Justice, and Science Appropriations bill 

21 (H.R. 2578), with a recorded vote of 153 to 273 in 

22 opposition to House Amendment 308 to strike that 

23 provision. 

24 (6) The Cuban military, through its tourism 

25 conglomerates, is currently operating resort facilities 


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1 in properties confiscated from United States citi2 zens. 

3 (7) In 2003, a United States grand jury in4 dicted General Ruben Martinez Puente, head of the 

5 Cuban Air Force, and two Cuban Air Force pilots, 

6 Col. Lorenzo Alberto Perez-Perez and Francisco 

7 Perez-Perez, on four counts of murder, two counts 

8 of destruction of aircraft, and one count of con9 spiracy to kill United States nationals for their roles 

10 in the February 24, 1996, attack by Cuban military 

11 jets over international waters on two United States 

12 civilian Cessna planes operated by the Brothers To 

13 The Rescue humanitarian organization. 

14 (8) The 2003 United States indictment against 

15 Cuban military officials is the only outstanding in16 dictment against senior military officials from a 

17 country designated by the United States as a ‘‘state 

18 sponsor of terrorism’’ for the murder of United 

19 States nationals. 

20 (9) In a December 17, 2014, article in Politico, 

21 United States Representative James McGovern (D– 

22 MA) stated that General Raul Castro admitted to 

23 giving the order to shoot down the United States ci24 vilian planes that resulted in the murder of those 


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1 United States nationals in 1996. ‘‘I gave the order. 

2 I’m the one responsible.’’, Castro told McGovern. 

3 (10) One of the Cuban spies exchanged in the 

4 December 17, 2014, deal by President Obama with 

5 the Cuban regime was Gerardo Hernandez, who was 

6 serving a life sentence for murder conspiracy in the 

7 deaths of three United States citizens, Armando 

8 Alejandre, Jr., Carlos Costa, Mario de la Pena, and 

9 permanent resident of the United States, Pablo Mo10 rales. 

11 (11) According to a July 16, 2013, article in 

12 The New York Times, the Cuban military played a 

13 central role in the 2013 trafficking incident that in14 volved more than 240 metric tons of heavy weapons, 

15 including fully fueled MiG fighter jets, missiles, and 

16 air defense systems, to North Korea. 

17 (12) A United Nations panel of experts found 

18 that the trafficking incident described in paragraph 

19 (11) violated United Nations Security Council sanc20 tions and was the largest weapons cache ever inter21 cepted being transported to or from North Korea. 

22 The Cuban military refused to cooperate with 

23 United Nations investigators. 

24 (13) According to a March 5, 2015, article in 

25 The Washington Times, in February 2015, the CoVerDate Sep 11 2014 00:51 Jul 02, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2937.IH H2937

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1 lombian authorities intercepted a Chinese-flagged 

2 vessel carrying a clandestine shipment of war mate3 riel destined for the Cuban military, via one of its 

4 shadow companies, TecnoImport S.A. The shipment, 

5 disguised as grain products, included 99 rockets, 

6 3,000 cannon shells, 100 tons of military-grade dy7 namite and 2,600,000 detonators. 

8 (14) According to a March 25, 2014, article in 

9 The New York Times and an April 15, 2014, Finan10 cial Times article, the Cuban military has provided 

11 military intelligence, weapons training, strategic 

12 planning, and security logistics to the military and 

13 security forces of Venezuela, which has contributed 

14 to the subversion of democratic institutions and vio15 lent suppression of peaceful protests in Venezuela. 

16 (15) The Cuba 2013 Human Rights Report 

17 prepared by the Department of State states that 

18 ‘‘the military maintained effective control over the 

19 security forces, which committed human rights 

20 abuses against civil rights activists and other citi21 zens alike.’’. 

22 SEC. 3. STATEMENT OF POLICY. 

23 It is the policy of the United States— 

24 (1) to support the efforts of the people of Cuba 

25 to promote the establishment of basic freedoms in 


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1 Cuba, including a democratic political system in 

2 which the military and other security forces are 

3 under the control of democratically elected civilian 

4 leaders; 

5 (2) to ensure that legal travel and trade with 

6 Cuba by citizens and residents of the United States 

7 does not serve to enrich or empower the military or 

8 other security forces of Cuba run by the Castro fam9 ily; 

10 (3) to support the emergence of a government 

11 in Cuba that does not oppress the people of Cuba 

12 and does not use its military or other security forces 

13 to persecute, intimidate, arrest, imprison, or assas14 sinate dissidents; 

15 (4) to bring to justice in the United States the 

16 officials of Cuba involved in the February 24, 1996, 

17 attack of two United States civilian Cessna aircraft 

18 by Cuban military jets over international waters; and 

19 (5) to counter the efforts of Cuba, through mili20 tary and other assistance, to promote repression 

21 elsewhere in the Western Hemisphere, especially in 

22 Venezuela. 


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1 SEC. 4. PROHIBITIONS ON FINANCIAL TRANSACTIONS WITH 

2 THE MINISTRY OF THE REVOLUTIONARY 

3 ARMED FORCES OR THE MINISTRY OF THE 

4 INTERIOR OF CUBA. 

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

6 (b), beginning on the date that is 30 days after the date 

7 of the enactment of this Act, and notwithstanding any 

8 other provision of law, a United States person shall not 

9 engage in any financial transaction with, or transfer of 

10 funds to, any of the following: 

11 (1) The Ministry of the Revolutionary Armed 

12 Forces of Cuba, the Ministry of the Interior of 

13 Cuba, or any subdivision of either such Ministry. 

14 (2) Any agency, instrumentality, or other entity 

15 that is operated or controlled by an entity specified 

16 in paragraph (1). 

17 (3) Any agency, instrumentality, or other entity 

18 owned by an entity specified in paragraph (1) in a 

19 percentage share exceeding 25 percent. 

20 (4) An individual who is a senior member of the 

21 Ministry of the Revolutionary Armed Forces of Cuba 

22 or the Ministry of the Interior of Cuba. 

23 (5) Any agency, instrumentality, or other entity 

24 that is operated or controlled by an individual speci25 fied in paragraph (4). 

26 (6) Any individual or entity— 


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1 (A) for the purpose of avoiding a financial 

2 transaction with, or transfer of funds to, an in3 dividual or entity specified in any of paragraphs 

4 (1) through (5); or 

5 (B) for the benefit of an individual or enti6 ty specified in any of paragraphs (1) through 

7 (5). 

8 (b) EXCEPTIONS.—The prohibitions on financial 

9 transactions and transfers of funds under subsection (a) 

10 shall not apply with respect to— 

11 (1) the sale of agricultural commodities, medi12 cines, and medical devices sold to Cuba consistent 

13 with the Trade Sanctions Reform and Export En14 hancement Act of 2000 (22 U.S.C. 7201 et seq.); 

15 (2) a remittance to an immediate family mem16 ber; 

17 (3) payments in furtherance of the lease agree18 ment, or other financial transactions necessary for 

19 maintenance and improvements of the military base 

20 at Guantanamo Bay, Cuba, including any adjacent 

21 areas under the control or possession of the United 

22 States; 

23 (4) assistance or support in furtherance of de24 mocracy-building efforts for Cuba described in sec25 tion 109 of the Cuban Liberty and Democratic SoliVerDate Sep 11 2014 00:51 Jul 02, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2937.IH H2937

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1 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6039); 

2 or 

3 (5) customary and routine financial trans4 actions necessary for the maintenance, improve5 ments, or regular duties of the United States Inter6 ests Section in Havana, including outreach to the 

7 pro-democracy opposition. 

8 (c) IMPLEMENTATION; PENALTIES.— 

9 (1) IMPLEMENTATION.—The President shall ex10 ercise all authorities under sections 203 and 205 of 

11 the International Emergency Economic Powers Act 

12 (50 U.S.C. 1702 and 1704) to carry out this section, 

13 except that the President— 

14 (A) shall not issue any general license au15 thorizing, or otherwise authorize, any activity 

16 prohibited under subsection (a); and 

17 (B) shall require any United States person 

18 seeking to engage in a financial transaction or 

19 transfer of funds prohibited under subsection 

20 (a) to submit a written request to the Office of 

21 Foreign Assets Control of the Department of 

22 the Treasury. 

23 (2) PENALTIES.—A person that violates, at24 tempts to violate, conspires to violate, or causes a 

25 violation of subsection (a) or any regulation, license, 


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1 or order issued to carry out subsection (a) shall be 

2 subject to the penalties set forth in subsections (b) 

3 and (c) of section 206 of the International Emer4 gency Economic Powers Act (50 U.S.C. 1705) to the 

5 same extent as a person that commits an unlawful 

6 act described in subsection (a) of that section. 

7 (d) UNITED STATES PERSON DEFINED.—In this sec8 tion, the term ‘‘United States person’’ means— 

9 (1) a United States citizen or alien admitted for 

10 permanent residence to the United States; and 

11 (2) an entity organized under the laws of the 

12 United States or any jurisdiction within the United 

13 States. 

14 SEC. 5. INCLUSION IN DEPARTMENT OF STATE REWARDS 

15 PROGRAM OF REWARDS FOR INFORMATION 

16 LEADING TO THE ARREST OR CONVICTION 

17 OF INDIVIDUALS RESPONSIBLE FOR THE 

18 FEBRUARY 24, 1996, ATTACK ON UNITED 

19 STATES AIRCRAFT. 

20 Section 36(b) of the State Department Basic Au21 thorities Act of 1956 (22 U.S.C. 2708(b)) is amended— 

22 (1) in paragraph (9), by striking ‘‘; or’’ and in23 serting a semicolon; 

24 (2) in paragraph (10), by striking the period at 

25 the end and inserting ‘‘; or’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(11) the arrest or conviction in any country of 

3 any individual responsible for committing, conspiring 

4 or attempting to commit, or aiding or abetting in 

5 the commission of the attack on the aircraft of 

6 United States persons in international waters by the 

7 military of Cuba on February 24, 1996.’’. 

8 SEC. 6. COORDINATION WITH INTERPOL. 

9 The Attorney General, in coordination with the Sec10 retary of State, shall seek to coordinate with the Inter11 national Criminal Police Organization (INTERPOL) to 

12 pursue the location and arrest of United States fugitives 

13 in Cuba, including current and former members of the 

14 military of Cuba, such as those individuals who com15 mitted, conspired or attempted to commit, or aided or 

16 abetted in the commission of the attack on the aircraft 

17 of United States persons in international waters by the 

18 military of Cuba on February 24, 1996, with a view to 

19 extradition or similar lawful action, including through the 

20 circulation of international wanted notices (commonly re21 ferred to as ‘‘Red Notices’’). 


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1 SEC. 7. REPORT ON THE ROLE OF THE MINISTRY OF THE 

2 REVOLUTIONARY ARMED FORCES AND THE 

3 MINISTRY OF THE INTERIOR OF CUBA IN THE 

4 ECONOMY AND FOREIGN RELATIONSHIPS OF 

5 CUBA. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, and annually thereafter 

8 for three years, the President shall submit to Congress 

9 a report on the role of the Ministry of the Revolutionary 

10 Armed Forces and the Ministry of the Interior of Cuba 

11 with respect to the economy of Cuba. 

12 (b) ELEMENTS.—The report required by subsection 

13 (a) shall include the following: 

14 (1) An identification of entities the United 

15 States considers to be owned, operated, or con16 trolled, in whole or in part, by the Ministry of the 

17 Revolutionary Armed Forces or the Ministry of the 

18 Interior of Cuba or any senior member of the Min19 istry of the Revolutionary Armed Forces or the Min20 istry of the Interior of Cuba. 

21 (2) An assessment of the business dealings with 

22 countries and entities outside of Cuba conducted by 

23 entities identified under paragraph (1) and officers 

24 of the Ministry of the Revolutionary Armed Forces 

25 or the Ministry of the Interior of Cuba. 


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1 (3) An assessment of the relationship of the 

2 Ministry of the Revolutionary Armed Forces and the 

3 Ministry of the Interior of Cuba with the militaries 

4 of foreign countries, including whether either such 

5 Ministry has conducted joint training, exercises, fi6 nancial dealings, or weapons purchases or sales with 

7 such militaries or provided advisors to such mili8 taries. 

9 (c) FORM OF REPORT.—Each report submitted 

10 under subsection (a) shall be submitted in unclassified 

11 form, but may include a classified annex. 

12 SEC. 8. REPORT ON USE AND OWNERSHIP OF CON13 FISCATED PROPERTY. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of the enactment of this Act, and annually thereafter 

16 for three years, the President shall submit to Congress 

17 a report on the confiscation of property and the use of 

18 confiscated property by the Ministry of the Revolutionary 

19 Armed Forces and the Ministry of the Interior of Cuba. 

20 (b) DEFINITIONS.—In this section, the terms ‘‘con21 fiscated’’ and ‘‘confiscation’’ have the meanings given 

22 those terms in section 401 of the Cuban Liberty and 

23 Democratic Solidarity (LIBERTAD) Act of 1996 (22 

24 U.S.C. 6091). 


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1 SEC. 9. TERMINATION. 

2 The provisions of this Act shall terminate on the date 

3 on which the President submits to Congress a determina4 tion under section 203(c)(3) of the Cuban Liberty and 

5 Democratic Solidarity (LIBERTAD) Act of 1996 (22 

6 U.S.C. 6063(c)(3)) that a democratically elected govern7 ment in Cuba is in power. 

Æ 


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