II 

114TH CONGRESS 

1ST SESSION S. 1489 

To strengthen support for the Cuban people and prohibit financial 

transactions with the Cuban military, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2015 

Mr. RUBIO (for himself, Mr. MENENDEZ, Mr. HATCH, Mr. COTTON, Mr. 

CRUZ, Mr. GARDNER, Mr. VITTER, and Mr. KIRK) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Cuban Military Transparency Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Statement of policy. 


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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. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

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

4 to pursue the normalization of relations with Cuba, 

5 President Barack Obama stated, ‘‘I believe that 

6 more resources should be able to reach the Cuban 

7 people. So we’re significantly increasing the amount 

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

9 limits on remittances that support humanitarian 

10 projects, the Cuban people, and the emerging Cuban 

11 private sector.’’. 

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

13 easing of travel sanctions, President Barack Obama 

14 also stated, ‘‘These measures will increase people-to15 people contact; support civil society in Cuba; en16 hance the free flow of information to, from, and 

17 among the Cuban people; and help promote their 

18 independence from Cuban authorities.’’. 


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

2 reads, ‘‘The State directs and controls foreign com3 merce.’’. 

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

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

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

7 controlled and operated by the Cuban military, 

8 which oversees all investments, and run by General 

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

10 Rodriguez Lopez-Callejas. 

11 (5) Cuba’s military-run Grupo Gaesa operates 

12 the tourism industry in Cuba, including hotels, re13 sorts, foreign currency exchanges, car rentals, night14 clubs, retail stores, and restaurants. 

15 (6) According to Hotels Magazine, Gaviota, 

16 S.A., owned by the Cuban military and a prominent 

17 subsidiary of Grupo Gaesa, is the largest hotel con18 glomerate in Latin America and the Caribbean. 

19 (7) The Cuban military, through its tourism 

20 conglomerates, is currently operating resort facilities 

21 in properties confiscated from United States citi22 zens. 

23 (8) In 2003, a United States grand jury in24 dicted General Ruben Martinez Puente, head of the 

25 Cuban Air Force, and two Cuban Air Force pilots, 


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1 Col. Lorenzo Alberto Perez-Perez and Francisco 

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

3 of destruction of aircraft, and one count of con4 spiracy to kill United States nationals for their roles 

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

6 jets over international waters on two United States 

7 civilian Cessna planes operated by the Brothers To 

8 The Rescue humanitarian organization. 

9 (9) The 2003 United States indictment against 

10 Cuban military officials is the only outstanding in11 dictment against senior military officials from a 

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

13 sponsor of terrorism’’ for the murder of United 

14 States nationals. 

15 (10) In a December 17, 2014, article in Polit16 ico, United States Representative James McGovern 

17 (D–MA) stated that General Raul Castro admitted 

18 to giving the order to shoot down the United States 

19 civilian planes that resulted in the murder of those 

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

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

22 (11) One of the Cuban spies exchanged in the 

23 December 17, 2014, deal by President Obama with 

24 the Cuban regime was Gerardo Hernandez, who was 

25 serving a life sentence for murder conspiracy in the 


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1 deaths of three United States citizens, Armando 

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

3 permanent resident of the United States, Pablo Mo4 rales. 

5 (12) The Cuban military played a central role 

6 in the 2013 trafficking incident that involved more 

7 than 240 metric tons of heavy weapons, including 

8 fully fueled MiG fighter jets, missiles, and air de9 fense systems, to North Korea. 

10 (13) A United Nations panel of experts found 

11 that the trafficking incident described in paragraph 

12 (12) violated United Nations Security Council sanc13 tions and was the largest weapons cache ever inter14 cepted being transported to or from North Korea. 

15 The Cuban military refused to cooperate with 

16 United Nations investigators. 

17 (14) In February 2015, the Colombian authori18 ties intercepted a Chinese-flagged vessel carrying a 

19 clandestine shipment of war materiel destined for 

20 the Cuban military, via one of its shadow companies, 

21 TecnoImport S.A. The shipment, disguised as grain 

22 products, included 99 rockets, 3,000 cannon shells, 

23 100 tons of military-grade dynamite and 2,6000,000 

24 detonators. 


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1 (15) The Cuban military has provided military 

2 intelligence, weapons training, strategic planning, 

3 and security logistics to the military and security 

4 forces of Venezuela, which has contributed to the 

5 subversion of democratic institutions and violent 

6 suppression of peaceful protests in Venezuela. 

7 (16) The Cuba 2013 Human Rights Report 

8 prepared by the Department of State states that 

9 ‘‘the military maintained effective control over the 

10 security forces, which committed human rights 

11 abuses against civil rights activists and other citi12 zens alike.’’. 

13 SEC. 3. STATEMENT OF POLICY. 

14 It is the policy of the United States— 

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

16 to promote the establishment of basic freedoms in 

17 Cuba, including a democratic political system in 

18 which the military and other security forces are 

19 under the control of democratically elected civilian 

20 leaders; 

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

22 Cuba by citizens and residents of the United States 

23 does not serve to enrich or empower the military or 

24 other security forces of Cuba run by the Castro fam25 ily; 


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1 (3) to support the emergence of a government 

2 in Cuba that does not oppress the people of Cuba 

3 and does not use its military or other security forces 

4 to persecute, intimidate, arrest, imprison, or assas5 sinate dissidents; 

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

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

8 attack of two United States civilian Cessna aircraft 

9 by Cuban military jets over international waters; and 

10 (5) to counter the efforts of Cuba, through mili11 tary and other assistance, to promote repression 

12 elsewhere in the Western Hemisphere, especially in 

13 Venezuela. 

14 SEC. 4. PROHIBITIONS ON FINANCIAL TRANSACTIONS WITH 

15 THE MINISTRY OF THE REVOLUTIONARY 

16 ARMED FORCES OR THE MINISTRY OF THE 

17 INTERIOR OF CUBA. 

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

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

20 of the enactment of this Act, and notwithstanding any 

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

22 engage in any financial transaction with, or transfer of 

23 funds to, any of the following: 


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1 (1) The Ministry of the Revolutionary Armed 

2 Forces of Cuba, the Ministry of the Interior of 

3 Cuba, or any subdivision of either such Ministry. 

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

5 that is operated or controlled by an entity specified 

6 in paragraph (1). 

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

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

9 percentage share exceeding 25 percent. 

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

11 Ministry of the Revolutionary Armed Forces of Cuba 

12 or the Ministry of the Interior of Cuba. 

13 (5) Any individual or entity— 

14 (A) for the purpose of avoiding a financial 

15 transaction with, or transfer of funds to, an in16 dividual or entity specified in any of paragraphs 

17 (1) through (4); and 

18 (B) for the benefit of an individual or enti19 ty specified in any of paragraphs (1) through 

20 (4). 

21 (b) EXCEPTIONS.—The prohibitions on financial 

22 transactions and transfers of funds under subsection (a) 

23 shall not apply with respect to— 

24 (1) the sale of agricultural commodities, medi25 cines, and medical devices sold to Cuba consistent 


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1 with the Trade Sanctions Reform and Export En2 hancement Act of 2000 (22 U.S.C. 7201 et seq.); 

3 (2) a remittance to an immediate family mem4 ber; or 

5 (3) assistance or support in furtherance of de6 mocracy-building efforts for Cuba described in sec7 tion 109 of the Cuban Liberty and Democratic Soli8 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6039). 

9 (c) IMPLEMENTATION; PENALTIES.— 

10 (1) IMPLEMENTATION.—The President shall ex11 ercise all authorities under sections 203 and 205 of 

12 the International Emergency Economic Powers Act 

13 (50 U.S.C. 1702 and 1704) to carry out this section, 

14 except that the President— 

15 (A) shall not issue any general license au16 thorizing, or otherwise authorize, any activity 

17 prohibited under subsection (a); and 

18 (B) shall require any United States person 

19 seeking to engage in a financial transaction or 

20 transfer of funds prohibited under subsection 

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

22 Foreign Assets Control of the Department of 

23 the Treasury. 

24 (2) PENALTIES.—A person that violates, at25 tempts to violate, conspires to violate, or causes a 


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

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

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

4 and (c) of section 206 of the International Emer5 gency Economic Powers Act (50 U.S.C. 1705) to the 

6 same extent as a person that commits an unlawful 

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

8 (d) UNITED STATES PERSON DEFINED.—In this sec9 tion, the term ‘‘United States person’’ means— 

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

11 permanent residence to the United States; and 

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

13 United States or any jurisdiction within the United 

14 States. 

15 SEC. 5. INCLUSION IN DEPARTMENT OF STATE REWARDS 

16 PROGRAM OF REWARDS FOR INFORMATION 

17 LEADING TO THE ARREST OR CONVICTION 

18 OF INDIVIDUALS RESPONSIBLE FOR THE 

19 FEBRUARY 24, 1996, ATTACK ON UNITED 

20 STATES AIRCRAFT. 

21 Section 36(b) of the State Department Basic Au22 thorities Act of 1956 (22 U.S.C. 2708(b)) is amended— 

23 (1) in paragraph (9), by striking ‘‘; or’’ and in24 serting a semicolon; 


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

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

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

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

5 any individual responsible for committing, conspiring 

6 or attempting to commit, or aiding or abetting in 

7 the commission of the attack on the aircraft of 

8 United States persons in international waters by the 

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

10 SEC. 6. COORDINATION WITH INTERPOL. 

11 The Attorney General, in coordination with the Sec12 retary of State, shall seek to coordinate with the Inter13 national Criminal Police Organization (INTERPOL) to 

14 pursue the location and arrest of United States fugitives 

15 in Cuba, including current and former members of the 

16 military of Cuba, such as those individuals who com17 mitted, conspired or attempted to commit, or aided or 

18 abetted in the commission of the attack on the aircraft 

19 of United States persons in international waters by the 

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

21 extradition or similar lawful action, including through the 

22 circulation of international wanted notices (commonly re23 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 not less frequently 

8 than annually thereafter, the President shall submit to 

9 Congress a report on the role of the Ministry of the Revo10 lutionary Armed Forces and the Ministry of the Interior 

11 of Cuba 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 not less frequently 

16 than annually thereafter, the President shall submit to 

17 Congress a report on the confiscation of property and the 

18 use of confiscated property by the Ministry of the Revolu19 tionary Armed Forces and the Ministry of the Interior of 

20 Cuba. 

21 (b) DEFINITIONS.—In this section, the terms ‘‘con22 fiscated’’ and ‘‘confiscation’’ have the meanings given 

23 those terms in section 401 of the Cuban Liberty and 

24 Democratic Solidarity (LIBERTAD) Act of 1996 (22 

25 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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