I 

111TH CONGRESS 

2D SESSION H. R. 5620 

To amend the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 

of 1996 to exclude from the United States aliens who contribute to 

the ability of Cuba to develop petroleum resources located off Cuba’s 

coast and to provide for the imposition of sanctions and prohibition 

on facilitation of development of Cuba’s petroleum resources, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2010 

Ms. ROS-LEHTINEN (for herself, Ms. WASSERMAN SCHULTZ, Mr. MARIO

DIAZ-BALART of Florida, Mr. SIRES, and Mr. LINCOLN DIAZ-BALART of 

Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Foreign 

Affairs, Financial Services, and Oversight 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 amend the Cuban Liberty and Democratic Solidarity 

(LIBERTAD) Act of 1996 to exclude from the United 

States aliens who contribute to the ability of Cuba to 

develop petroleum resources located off Cuba’s coast and 

to provide for the imposition of sanctions and prohibition 

on facilitation of development of Cuba’s petroleum resources, and for other purposes. 


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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 ‘‘Caribbean Coral Reef 

5 Protection Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In July 2008, a Presidential Directive ban9 ning United States offshore drilling and gas develop10 ment in the Outer Continental Shelf was lifted. 

11 (2) In October 2008, Brazilian President Luiz 

12 Inacio Lula da Silva visited Cuba to sign agreements 

13 allowing state-run Petroleo Brasileiro SA to invest 

14 $8 million initially for a seven-year, deep-water ex15 ploration project north of Cuba. 

16 (3) In July 2009, the Russian oil company 

17 Zarubezhneft signed four oil exploration contracts 

18 with Cuba Petroleo to search for oil in Cuba’s deep 

19 offshore fields. Zarubezhneft general director 

20 Nikolay Brunich said the company has signed four 

21 contracts, all for terms of 25 years. 

22 (4) As of June 2010, eight foreign oil compa23 nies had signed agreements with the Cuban regime 

24 for the exploration of oil and gas off the shores of 

25 Cuba. Repsol of Spain, StatOil of Norway, and 


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1 ONGC of India are partners in a joint project, while 

2 Petrobras of Brazil, PdVSA of Venezuela, ONGC of 

3 India, Petronas of Malaysia, and PetroVietnam also 

4 have additional concessions, and Sonangol of Angola 

5 and CNPC of China are in negotiations for conces6 sions. 

7 (5) As of June 2010, five foreign companies 

8 had secured land and marine block concessions from 

9 the Cuban regime, including PdVSA of Venezuela, 

10 Sinopec of China, Sherritt of Canada, Zarubezhneft 

11 of Russia, and PetroVietnam. 

12 (6) As of 2010, in addition to exploration and 

13 development investments, Venezuela’s state oil firm 

14 PDVSA has helped the Cuban regime reactivate and 

15 retrofit its Cienfuegos facility, a refinery owned by 

16 United States company, Texaco, before it was con17 fiscated by the regime. 

18 (7) On April 20, 2010, the Deepwater Horizon 

19 oil rig, exploded in the Gulf of Mexico, killing eleven 

20 crewmen. Two days later, the Deepwater Horizon 

21 sank 48 miles from United States shores, leaving its 

22 oil well gushing an estimated 2 million gallons of oil 

23 per day. 

24 (8) The explosion on Deepwater Horizon and 

25 ensuing oil spill has resulted in the largest environVerDate Mar 15 2010 22:03 Jun 29, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5620.IH H5620

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1 mental disaster in United States history, causing ir2 reparable damage to the fragile marine ecosystem in 

3 the Gulf of Mexico as well as numerous species of 

4 wildlife. 

5 (9) Drilling by or under the authorization of 

6 the current Cuban regime in Cuban waters, a mere 

7 45 miles from the Florida Keys, poses a serious eco8 nomic and environmental threat to the United 

9 States. 

10 SEC. 3. STATEMENT OF POLICY. 

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

12 (1) undertake the necessary measures to deny 

13 the Government of Cuba, the Cuban Communist 

14 Party, or any agent or instrumentality of either, the 

15 financial resources to engage in activities that 

16 threaten— 

17 (A) United States national security, its in18 terests, and its allies; 

19 (B) Florida’s marine environment, includ20 ing the most extensive living coral reef system 

21 in North American waters and the third largest 

22 in the world; 

23 (C) the environment and natural resources 

24 of the submerged lands located off Cuba’s 

25 coast; and 


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1 (D) to prolong the dictatorship that op2 presses the Cuban people; and 

3 (2) deter foreign investments that would en4 hance the ability of the Government of Cuba, or any 

5 agent or instrumentality thereof, to develop its pe6 troleum resources. 

7 SEC. 4. EXCLUSION OF CERTAIN ALIENS. 

8 (a) IN GENERAL.—The Cuban Liberty and Demo9 cratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 

10 6021 et seq.) is amended by inserting after section 401 

11 the following new section: 

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

13 ALIENS WHO CONTRIBUTE TO THE ABILITY 

14 OF CUBA TO DEVELOP PETROLEUM RE15 SOURCES LOCATED OFF CUBA’S COAST. 

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

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

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

19 Secretary of State determines is a person who— 

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

21 a shareholder who owns a controlling interest in an 

22 entity, that, on or after January 10, 2005, has made 

23 or makes an investment that equals or exceeds 

24 $1,000,000 (or any combination of investments that 

25 in the aggregate equals or exceeds $1,000,000 in 


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1 any 12-month period), that contributes to the en2 hancement of the ability of the Government of Cuba, 

3 or any agent or instrumentality thereof, to develop 

4 petroleum resources of the submerged lands located 

5 off Cuba’s coast; or 

6 ‘‘(2) is a spouse, minor child, or agent of a per7 son described in paragraph (1). 

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

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

10 reports to the appropriate congressional committees, on a 

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

12 of a person described in subsection (a)— 

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

14 for purposes of litigation of an action under title III 

15 of this Act; or 

16 ‘‘(2) is appropriate if the requirements of sec17 tions 204, 205, and 206 of this Act have been satis18 fied. 

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

20 ‘‘(1) AGENT AND INSTRUMENTALITY.—The 

21 terms ‘agent’ and ‘instrumentality’ shall include the 

22 Cuban Communist Party. 

23 ‘‘(2) DEVELOP.—The term ‘develop’, with re24 spect to petroleum resources, means the exploration 


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

2 pipeline or other means of, petroleum resources. 

3 ‘‘(3) INVESTMENT.—The term ‘investment’ 

4 means any of the following activities if such activity 

5 is undertaken pursuant to an agreement, or pursu6 ant to the exercise of rights under such an agree7 ment, that was or is entered into with the Govern8 ment of Cuba (or any agency or instrumentality 

9 thereof) or a nongovernmental entity in Cuba, on or 

10 after January 10, 2005: 

11 ‘‘(A) The entry into a contract that in12 cludes responsibility for the development of pe13 troleum resources of the submerged lands lo14 cated off Cuba’s coast, or the entry into a con15 tract providing for the general supervision and 

16 guarantee of another person’s performance of 

17 such a contract. 

18 ‘‘(B) The purchase of a share of owner19 ship, including an equity interest, in such devel20 opment. 

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

22 for the participation in royalties, earnings, or 

23 profits in such development, without regard to 

24 the form of the participation. 


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1 ‘‘(D) The entry into, performance, or fi2 nancing of a contract to sell or purchase goods, 

3 services, or technology related to such develop4 ment. 

5 ‘‘(4) PETROLEUM RESOURCES.—The term ‘pe6 troleum resources’ includes petroleum and natural 

7 gas resources, petroleum by products, and liquified 

8 natural gas.’’. 

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

10 this section shall apply to aliens seeking admission to the 

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

12 this Act. 

13 SEC. 5. IMPOSITION OF SANCTIONS AND PROHIBITION ON 

14 FACILITATION OF DEVELOPMENT OF CUBA’S 

15 PETROLEUM RESOURCES. 

16 (a) IN GENERAL.—If the President determines that 

17 a person has, on or after January 10, 2005, made an in18 vestment that equals or exceeds $1,000,000 (or any com19 bination of investments that in the aggregate equals or 

20 exceeds $1,000,000 in any 12-month period) that contrib21 utes to the enhancement of the ability of the Government 

22 of Cuba, or any agent or instrumentality thereof, to de23 velop petroleum resources of the submerged lands located 

24 off Cuba’s coast, or has made an investment of any 

25 amount of money that contributes to such an enhancement 


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1 and has trafficked in confiscated United States property, 

2 the President shall impose two or more of the following 

3 sanctions: 

4 (1) PROHIBITION ON LOANS AND GUARAN5 TEES.—Prohibit the issuance by the Overseas Pri6 vate Investment Corporation, the Export-Import 

7 Bank, or any other United States instrument of any 

8 loan, guarantee, insurance, extension of credit, or 

9 participation in the extension of credit in connection 

10 with the export of any goods or services to any sanc11 tioned person. 

12 (2) EXPORT SANCTION.—Prohibit the issuance 

13 by the United States Government of any specific li14 cense and or other specific permission or authority 

15 to export any goods or technology to a sanctioned 

16 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) PROHIBITIONS ON FINANCIAL INSTITU2 TIONS.—The following prohibitions may be imposed 

3 against a sanctioned person that is a financial insti4 tution: 

5 (A) PROHIBITION ON DESIGNATION AS

6 PRIMARY DEALER.—Prohibit the Board of Gov7 ernors of the Federal Reserve System and the 

8 Federal Reserve Bank of New York from desig9 nating, or permitting the continuation of any 

10 prior designation of, such financial institution 

11 as a primary dealer in United States Govern12 ment debt instruments. 

13 (B) PROHIBITION ON SERVICE AS A RE14 POSITORY OF GOVERNMENT FUNDS.—Prohibit 

15 such financial institution from serving as agent 

16 of the United States Government or serving as 

17 repository for United States Government funds. 

18 The imposition of either sanction under subpara19 graph (A) or (B) shall be treated as one sanction for 

20 purposes of this section, and the imposition of both 

21 such sanctions shall be treated as two sanctions for 

22 purposes of this section. 

23 (4) PROCUREMENT SANCTION.—Prohibit the 

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1 ing into any contract for the procurement of, any 

2 goods or services from a sanctioned person. 

3 (b) TERMINATION OF SANCTIONS.—Sanctions im4 posed pursuant to subsection (a) shall terminate if the 

5 President determines and certifies to the appropriate con6 gressional committees that the requirements of sections 

7 204, 205, and 206 of the Cuban Liberty and Democratic 

8 Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6064, 

9 6065, and 6066) have been satisfied. 

10 (c) PROHIBITION ON FACILITATION BY UNITED

11 STATES PERSONS OF CUBA’S ABILITY TO DEVELOP PE12 TROLEUM RESOURCES.—It shall be unlawful for any 

13 United States person to provide materials, technical equip14 ment, or other assistance that contributes to the enhance15 ment of Cuba’s ability to develop petroleum resources of 

16 the submerged lands located off Cuba’s coast. 

17 (d) REPORTS BY SECRETARY OF STATE.—Not later 

18 than 180 days after the date of the enactment of this Act 

19 and every 180 days thereafter, the Secretary of State shall 

20 submit to the Committee on Foreign Affairs and the Com21 mittee on Appropriations of the House of Representatives 

22 and the Committee on Foreign Relations and the Com23 mittee on Appropriations of the Senate a report relating 

24 to— 


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1 (1) investments that equal or exceed 

2 $1,000,000 (or any combination of investments that 

3 in the aggregate equals or exceeds $1,000,000 in 

4 any 12-month period) that contribute to the en5 hancement of the ability of the Government of Cuba, 

6 or any agent or instrumentality thereof, to develop 

7 petroleum resources of the submerged lands located 

8 off Cuba’s coast, including information relating to 

9 the values of such investments, the identity of the 

10 persons making such investments, and proposed in11 vestments that would satisfy such criteria, and infor12 mation relating to any sanctions that have been im13 posed pursuant to subsection (a) as a result of such 

14 investments; and 

15 (2) investments of any amount of money, in 

16 conjunction with trafficking in confiscated United 

17 States property, that contribute to such an enhance18 ment, including information relating to the values of 

19 such investments, the identity of the persons making 

20 such investments, and the identity of such con21 fiscated property, and information relating to any 

22 sanctions that have been imposed pursuant to sub23 section (a) as a result of such investments. 

24 (e) ASSESSMENTS OF ENVIRONMENTAL IMPACTS OF

25 DEVELOPMENT OF CUBA’S PETROLEUM RESOURCES.— 


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1 (1) IN GENERAL.—Not later than one year 

2 after the date of the enactment of this Act and an3 nually thereafter, the Secretary of State, in consulta4 tion with the Secretary of the Interior and the Ad5 ministrator of the Environmental Protection Agency, 

6 shall submit to the Committee on Foreign Affairs 

7 and the Committee on Natural Resources of the 

8 House of Representatives and the Committee on 

9 Foreign Relations and the Committee on Energy 

10 and Natural Resources of the Senate a report con11 taining an assessment of the impact that the devel12 opment of Cuba’s petroleum resources has had on 

13 the environment and natural resources of the sub14 merged lands located off Cuba’s coast and Florida’s 

15 marine environment. 

16 (2) USE OF ENVIRONMENTAL IMPACT STATE17 MENTS.—In preparing the assessment, the Secretary 

18 of State shall use as a model environmental impact 

19 statements prepared pursuant to the National Envi20 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

21 seq.). 

22 SEC. 6. DEFINITIONS. 

23 In this Act— 

24 (1) the terms ‘‘appropriate congressional com25 mittees’’, ‘‘confiscated’’, ‘‘person’’, ‘‘property’’, and 


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1 ‘‘traffics’’ have the meaning given such terms in sec2 tion 4 of the Cuban Liberty and Democratic Soli3 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6023), 

4 except that the term ‘‘person’’ shall also include, for 

5 purposes of this section, a foreign subsidiary of a 

6 person and United States subsidiary of a foreign 

7 person; 

8 (2) the terms ‘‘develop’’, ‘‘investment’’, and 

9 ‘‘petroleum resources’’ have the meaning given such 

10 terms in section 402(c) of such Act, as added by sec11 tion 4 of this Act; and 

12 (3) the terms ‘‘agent’’ and ‘‘instrumentality’’ 

13 shall include the Cuban Communist Party. 

Æ 


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