I 

109TH CONGRESS 

2D SESSION H. R. 5292 

To exclude from admission to the United States aliens who have made 

investments contributing to the enhancement of the ability of Cuba 

to develop its petroleum resources, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2006 

Ms. ROS-LEHTINEN (for herself, Mr. LINCOLN DIAZ-BALART of Florida, Mr. 

MARIO DIAZ-BALART of Florida, Mr. DAVIS of Florida, Mr. PALLONE, 

Ms. CORRINE BROWN of Florida, Mr. FOLEY, Mr. FORTUN ̃O, Ms. HARRIS, Mr. BOYD, Mr. SHAW, Mr. MILLER of Florida, Mr. MACK, Mr. BURTON of Indiana, and Ms. WASSERMAN SCHULTZ) introduced the following 

bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on International Relations, Financial Services, 

and Government Reform, 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 exclude from admission to the United States aliens who 

have made investments contributing to the enhancement 

of the ability of Cuba to develop its petroleum resources, 

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. STATEMENT OF POLICY. 

4 It shall be the policy of the United States to— 


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1 (1) undertake the necessary measures to deny 

2 the Cuban regime the financial resources to engage 

3 in activities that threaten— 

4 (A) United States national security, its in5 terests and its allies; 

6 (B) the environment and natural resources 

7 of the submerged lands of Cuba’s northern 

8 coast and Florida’s unique maritime environ9 ment; and 

10 (C) that prolong the dictatorship that op11 presses the Cuban people; and 

12 (2) deter foreign investments that would en13 hance the ability of the Cuban regime to develop its 

14 petroleum resources. 

15 SEC. 2. EXCLUSION OF CERTAIN ALIENS. 

16 (a) IN GENERAL.—The Cuban Liberty and Demo17 cratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 

18 6021 et seq.) is amended by inserting after section 401 

19 the following: 

20 ‘‘SEC. 402. EXCLUSION FROM THE UNITED STATES OF 

21 ALIENS WHO CONTRIBUTE TO THE ABILITY 

22 OF CUBA TO DEVELOP PETROLEUM RE23 SOURCES OFF OF CUBA’S NORTHERN COAST. 

24 ‘‘(a) IN GENERAL.—The Secretary of State shall 

25 deny a visa to, and the Secretary of Homeland Security 


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1 shall exclude from the United States, any alien who the 

2 Secretary of State determines is a person who— 

3 ‘‘(1) is an officer or principal of an entity, or 

4 a shareholder who owns a controlling interest in an 

5 entity, that, on or after May 2, 2006, makes an in6 vestment that equals or exceeds $1,000,000 (or any 

7 combination of investments that in the aggregate 

8 equals or exceeds $1,000,000 in any 12-month pe9 riod), that contributes to the enhancement of Cuba’s 

10 ability to develop petroleum resources of the sub11 merged lands of Cuba’s northern coast; or 

12 ‘‘(2) is a spouse, minor child, or agent of a per13 son described in paragraph (1). 

14 ‘‘(b) WAIVER.—The Secretary of State may waive the 

15 application of subsection (a) if the Secretary certifies and 

16 reports to the appropriate congressional committees, on a 

17 case-by-case basis, that the admission to the United States 

18 of a person described in subsection (a)— 

19 ‘‘(1) is necessary for critical medical reasons or 

20 for purposes of litigation of an action under title III; 

21 or 

22 ‘‘(2) is appropriate if the requirements of sec23 tions 203, 204, and 205 have been satisfied. 

24 ‘‘(c) DEFINITIONS.—In this section: 


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1 ‘‘(1) DEVELOP.—The term ‘develop’, with re2 spect to petroleum resources, means the exploration 

3 for, or the extraction, refining, or transportation by 

4 pipeline or other means of, petroleum resources. 

5 ‘‘(2) INVESTMENT.—The term ‘investment’ 

6 means any of the following activities if such activity 

7 is undertaken pursuant to an agreement, or pursu8 ant to the exercise of rights under such an agree9 ment, that is entered into with the Government of 

10 Cuba (or any agency or instrumentality thereof) or 

11 a nongovernmental entity in Cuba, on or after May 

12 2, 2006: 

13 ‘‘(A) The entry into a contract that in14 cludes responsibility for the development of pe15 troleum resources of the submerged lands of 

16 Cuba’s northern coast, or the entry into a con17 tract providing for the general supervision and 

18 guarantee of another person’s performance of 

19 such a contract. 

20 ‘‘(B) The purchase of a share of owner21 ship, including an equity interest, in that devel22 opment. 

23 ‘‘(C) The entry into a contract providing 

24 for the participation in royalties, earnings, or 


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1 profits in that development, without regard to 

2 the form of the participation. 

3 ‘‘(D) The entry into, performance, or fi4 nancing of a contract to sell or purchase goods, 

5 services, or technology related to that develop6 ment. 

7 ‘‘(3) PETROLEUM RESOURCES.—The term ‘pe8 troleum resources’ includes petroleum and natural 

9 gas resources.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 this section applies to aliens seeking admission to the 

12 United States on or after the date of the enactment of 

13 this Act. 

14 SEC. 3. IMPOSITION OF SANCTIONS. 

15 (a) IN GENERAL.—The President shall impose two 

16 or more of the sanctions described in subsection (b) if the 

17 President determines that a person has, on or after May 

18 2, 2006, made an investment that equals or exceeds 

19 $1,000,000 (or any combination of investments that in the 

20 aggregate equals or exceeds $1,000,000 in any 12-month 

21 period) that contributes to the enhancement of Cuba’s 

22 ability to develop petroleum resources of the submerged 

23 lands of Cuba’s northern coast. 


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1 (b) SANCTIONS DESCRIBED.—The sanctions to be 

2 imposed on a sanctioned person under this section are as 

3 follows: 

4 (1) EXPORT-IMPORT BANK ASSISTANCE FOR

5 EXPORTS TO SANCTIONED PERSONS.—The President 

6 may direct the Export-Import Bank of the United 

7 States not to give approval to the issuance of any 

8 guarantee, insurance, extension of credit, or partici9 pation in the extension of credit in connection with 

10 the export of any goods or services to any sanctioned 

11 person. 

12 (2) EXPORT SANCTION.—The President may 

13 order the United States Government not to issue 

14 any specific license and not to grant any other spe15 cific permission or authority to export any goods or 

16 technology to a sanctioned person under— 

17 (A) the Export Administration Act of 

18 1979; 

19 (B) the Arms Export Control Act; 

20 (C) the Atomic Energy Act of 1954; or 

21 (D) any other statute that requires the 

22 prior review and approval of the United States 

23 Government as a condition for the export or re24 export of goods or services. 


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1 (3) LOANS FROM UNITED STATES FINANCIAL

2 INSTITUTIONS.—The United States Government 

3 may prohibit any United States financial institution 

4 from making loans or providing credits to any sanc5 tioned person totaling more than $10,000,000 in 

6 any 12-month period unless such person is engaged 

7 in activities to relieve human suffering and the loans 

8 or credits are provided for such activities. 

9 (4) PROHIBITIONS ON FINANCIAL INSTITU10 TIONS.—The following prohibitions may be imposed 

11 against a sanctioned person that is a financial insti12 tution: 

13 (A) PROHIBITION ON DESIGNATION AS

14 PRIMARY DEALER.—Neither the Board of Gov15 ernors of the Federal Reserve System nor the 

16 Federal Reserve Bank of New York may des17 ignate, or permit the continuation of any prior 

18 designation of, such financial institution as a 

19 primary dealer in United States Government 

20 debt instruments. 

21 (B) PROHIBITION ON SERVICE AS A RE22 POSITORY OF GOVERNMENT FUNDS.—Such fi23 nancial institution may not serve as agent of 

24 the United States Government or serve as re25 pository for United States Government funds. 


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1 The imposition of either sanction under subpara2 graph (A) or (B) shall be treated as one sanction for 

3 purposes of this section, and the imposition of both 

4 such sanctions shall be treated as two sanctions for 

5 purposes of this section. 

6 (5) PROCUREMENT SANCTION.—The United 

7 States Government may not procure, or enter into 

8 any contract for the procurement of, any goods or 

9 services from a sanctioned person. 

10 (c) PERSON DEFINED.—In this section, the term 

11 ‘‘person’’ includes a foreign subsidiary of a person referred 

12 to in subsection (a). 

Æ 


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