II 

111TH CONGRESS 

1ST SESSION S. 1089 

To facilitate the export of United States agricultural commodities and products to Cuba as authorized by the Trade Sanctions Reform and Export 

Enhancement Act of 2000, to establish an agricultural export promotion 

program with respect to Cuba, to remove impediments to the export 

to Cuba of medical devices and medicines, to allow travel to Cuba 

by United States citizens and legal residents, to establish an agricultural 

export promotion program with respect to Cuba, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. BAUCUS (for himself, Mr. CRAPO, Ms. CANTWELL, Mr. ROBERTS, Ms. 

LANDRIEU, Mr. BINGAMAN, Mrs. LINCOLN, Mr. HARKIN, Mrs. MURRAY, 

Mr. PRYOR, Mr. BOND, Mr. JOHNSON, Mr. DORGAN, Mr. WYDEN, Mr. 

LUGAR, Mrs. MCCASKILL, and Mr. ENZI) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To facilitate the export of United States agricultural commodities and products to Cuba as authorized by the 

Trade Sanctions Reform and Export Enhancement Act 

of 2000, to establish an agricultural export promotion 

program with respect to Cuba, to remove impediments 

to the export to Cuba of medical devices and medicines, 

to allow travel to Cuba by United States citizens and 

legal residents, to establish an agricultural export promotion program with respect to Cuba, 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 ‘‘Promoting American 

5 Agricultural and Medical Exports to Cuba Act of 2009’’. 

6 SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE 

7 TRADE SANCTIONS REFORM AND EXPORT EN8 HANCEMENT ACT OF 2000. 

9 Section 908(b)(4) of the Trade Sanctions Reform and 

10 Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) 

11 is amended— 

12 (1) in subparagraph (B), by striking ‘‘and’’ at 

13 the end; 

14 (2) in subparagraph (C), by striking the period 

15 at the end and inserting ‘‘; and’’; and 

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

17 ‘‘(D) the term ‘payment of cash in ad18 vance’ means, notwithstanding any other provi19 sion of law, the payment by the purchaser of an 

20 agricultural commodity or product and the re21 ceipt of such payment by the seller prior to— 

22 ‘‘(i) the transfer of title of such com23 modity or product to the purchaser; and 

24 ‘‘(ii) the release of control of such 

25 commodity or product to the purchaser.’’. 


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1 SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN 

2 CUBAN AND UNITED STATES DEPOSITORY IN3 STITUTIONS UNDER THE TRADE SANCTIONS 

4 REFORM AND EXPORT ENHANCEMENT ACT 

5 OF 2000. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law (including section 908(b)(1)(B) of the Trade 

8 Sanctions and Export Enhancement Act of 2000 (22 

9 U.S.C. 7207(b)(1)(B)), the President may not restrict di10 rect transfers from a Cuban depository institution to a 

11 United States depository institution executed in payment 

12 for an agricultural commodity or product authorized for 

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

15 (b) DEPOSITORY INSTITUTION DEFINED.—In this 

16 section, the term ‘‘depository institution’’ means any enti17 ty that is engaged primarily in the business of banking 

18 (including a bank, savings bank, savings association, cred19 it union, trust company, or bank holding company). 

20 SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PRO21 MOTION PROGRAM WITH RESPECT TO CUBA. 

22 (a) IN GENERAL.—The Secretary of Agriculture shall 

23 establish a program to provide information and technical 

24 assistance to United States agricultural producers, cooper25 ative organizations, and State agencies that promote the 

26 sale of agricultural commodities or products, in order to 


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1 promote and facilitate exports of United States agricul2 tural commodities or products to Cuba as authorized by 

3 the Trade Sanctions Reform and Export Enhancement 

4 Act of 2000. 

5 (b) TECHNICAL ASSISTANCE TO FACILITATE EX6 PORTS.—The Secretary of Agriculture shall maintain on 

7 the website of the Department of Agriculture information 

8 to assist exporters and potential exporters of United 

9 States agricultural commodities or products with respect 

10 to Cuba. 

11 (c) AUTHORIZATION OF FUNDS.—The Secretary of 

12 Agriculture is authorized to expend such sums as may be 

13 available in the Agricultural Export Promotion Trust 

14 Fund established under section 9511 of the Internal Rev15 enue Code of 1986 (as added by section 5(b) of this Act). 

16 SEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPOR17 TATION BETWEEN UNITED STATES AND 

18 CUBA; ESTABLISHMENT OF AGRICULTURAL 

19 EXPORT PROMOTION TRUST FUND. 

20 (a) INCREASE IN TICKET TAX.—Subsection (c) of 

21 section 4261 of the Internal Revenue Code of 1986 (relat22 ing to use of international travel facilities) is amended by 

23 adding at the end the following new paragraph: 

24 ‘‘(4) SPECIAL RULE FOR CUBA.—In any case in 

25 which the tax imposed by paragraph (1) applies to 


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1 transportation beginning or ending in Cuba before 

2 January 1, 2016, such tax shall be increased by 

3 $1.00.’’. 

4 (b) AGRICULTURAL EXPORT PROMOTION TRUST

5 FUND.— 

6 (1) IN GENERAL.—Subchapter A of chapter 98 

7 of the Internal Revenue Code of 1986 (relating to 

8 establishment of trust funds) is amended by adding 

9 at the end the following new section: 

10 ‘‘SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST 

11 FUND. 

12 ‘‘(a) CREATION OF TRUST FUND.—There is estab13 lished in the Treasury of the United States a trust fund 

14 to be known as the ‘Agricultural Export Promotion Trust 

15 Fund’, consisting of such amounts as may be appropriated 

16 or credited to such fund as provided in this section or sec17 tion 9602(b). 

18 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here19 by appropriated to the Agricultural Export Promotion 

20 Trust Fund amounts equivalent to the increase in taxes 

21 received in the Treasury by reason of section 4261(c)(4). 

22 ‘‘(c) EXPENDITURES.—Amounts in the Agricultural 

23 Export Promotion Trust Fund shall be available, as pro24 vided by appropriation Acts, for making expenditures to 

25 the Office of the Secretary of Agriculture for the purposes 


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1 set out in section 4 of the Promoting American Agricul2 tural and Medical Exports to Cuba Act of 2009.’’. 

3 (2) CONFORMING AMENDMENT.—Subparagraph 

4 (B) of section 9502(b)(1) of such Code is amended 

5 by inserting ‘‘(other than by reason of subsection 

6 (c)(4) thereof)’’ after ‘‘sections 4261’’. 

7 (3) CLERICAL AMENDMENT.—The table of sec8 tions for subchapter A of chapter 98 of such Code 

9 is amended by adding at the end the following new 

10 item: 

‘‘Sec. 9511. Agricultural Export Promotion Trust Fund.’’. 

11 (c) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall apply to transportation beginning 

13 after the 90-day period beginning on the date of the enact14 ment of this Act, except that such amendment shall not 

15 apply to amounts paid before the end of such period. 

16 SEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE 

17 ISSUED. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that the Secretary of State should issue visas for 

20 temporary entry into the United States to nationals of 

21 Cuba whose itinerary documents an intent to conduct ac22 tivities, including phytosanitary inspections, relating to 

23 the purchase of United States agricultural commodities or 

24 products pursuant to the provisions of the Trade SancVerDate Nov 24 2008 03:00 May 22, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1089.IS S1089

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1 tions Reform and Export Enhancement Act of 2000 (22 

2 U.S.C. 7201 et seq.). 

3 (b) PERIODIC REPORTS.— 

4 (1) IN GENERAL.—Not later than 45 days after 

5 the date of the enactment of this Act, and every 90 

6 days thereafter, the Secretary of State shall submit 

7 to the Committee on Finance, the Committee on Ag8 riculture, Nutrition, and Forestry, and the Com9 mittee on Foreign Relations of the Senate, and the 

10 Committee on Agriculture, the Committee on Ways 

11 and Means, and the Committee on Foreign Affairs 

12 of the House of Representatives a report on the 

13 issuance of visas described in subsection (a). 

14 (2) CONTENT OF REPORTS.—Each report under 

15 paragraph (1) shall contain a full description of each 

16 application received from a national of Cuba for a 

17 visa to travel to the United States to engage in pur18 chasing activities pursuant to the provisions of the 

19 Trade Sanctions Reform and Export Enhancement 

20 Act of 2000 (22 U.S.C. 7201 et seq.) and shall de21 scribe the disposition of each such application. 

22 SEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO 

23 CUBA. 

24 (a) REPEAL OF REQUIREMENT FOR ONSITE

25 VERIFICATIONS.—Section 1705 of the Cuban Democracy 


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1 Act of 1992 (22 U.S.C. 6004) is amended by striking sub2 section (d). 

3 (b) RULE OF CONSTRUCTION.—Nothing in the 

4 amendment made by subsection (a) shall be construed to 

5 restrict the authority of the President to— 

6 (1) impose export controls with respect to the 

7 export of medicines or medical devices under sec8 tions 5 or 6 of the Export Administration Act of 

9 1979 (as in effect pursuant to the International 

10 Emergency Economic Powers Act (50 U.S.C. App. 

11 2404 or 2405)); or 

12 (2) exercise the authority the President has 

13 under the International Emergency Economic Pow14 ers Act (50 U.S.C. 1701 et seq.) with respect to 

15 Cuba pursuant to a declaration of national emer16 gency required by that Act that is made on account 

17 of an unusual and extraordinary threat, that did not 

18 exist before the enactment of this Act, to the na19 tional security, foreign policy, or economy of the 

20 United States. 

21 SEC. 8. TRAVEL TO CUBA. 

22 (a) FREEDOM OF TRAVEL FOR UNITED STATES CITI23 ZENS AND LEGAL RESIDENTS.—Notwithstanding section 

24 102(h) of the Cuban Liberty and Democratic Solidarity 

25 (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and secVerDate Nov 24 2008 03:00 May 22, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1089.IS S1089

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1 tion 910(b) of the Trade Sanctions Reform and Export 

2 Enhancement Act of 2000 (22 U.S.C. 7209(b)) and sub3 ject to subsection (b)— 

4 (1) the President may not regulate or prohibit, 

5 directly or indirectly, travel to or from Cuba by 

6 United States citizens or legal residents, or any of 

7 the transactions incident to such travel; and 

8 (2) any regulation in effect on the date of the 

9 enactment of this Act that regulates or prohibits 

10 travel to or from Cuba by United States citizens or 

11 legal residents or transactions incident to such travel 

12 shall cease to have any force or effect. 

13 (b) EXCEPTION.—The restrictions on authority con14 tained in subsection (a) shall not apply in a case in which 

15 the United States is at war with Cuba, armed hostilities 

16 between the two countries are in progress, or there is im17 minent danger to the public health or the physical safety 

18 of United States citizens or legal residents. 

19 (c) APPLICABILITY.—This section applies to actions 

20 taken by the President— 

21 (1) on or after the date of the enactment of this 

22 Act; or 

23 (2) before the date of the enactment of this Act 

24 which are in effect on such date of enactment. 


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1 SEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS 

2 FOR THE MUTUAL PROTECTION OF INTEL3 LECTUAL PROPERTY. 

4 (a) REPEAL OF PROHIBITION ON TRANSACTIONS OR

5 PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES

6 INTELLECTUAL PROPERTY.—Section 211 of the Depart7 ment of Commerce and Related Agencies Appropriations 

8 Act, 1999 (section 101(b) of division A of Public Law 

9 105–277; 112 Stat. 2681–88) is repealed. 

10 (b) REGULATIONS.—The Secretary of the Treasury 

11 shall promulgate such regulations as are necessary to 

12 carry out the repeal made by subsection (a), including re13 moving any prohibition on transactions or payments to 

14 which subsection (a)(1) of section 211 of the Department 

15 of Commerce and Related Agencies Appropriations Act, 

16 1999 (as such section was in effect on the day before the 

17 date of the enactment of this Act) applied. 

18 (c) FURTHER REGULATIONS.— 

19 (1) IN GENERAL.—The Secretary of the Treas20 ury shall amend part 515 of title 31, Code of Fed21 eral Regulations (commonly referred to as the 

22 ‘‘Cuban Assets Control Regulations’’), to authorize 

23 under general license the transfer or receipt of any 

24 trademark or trade name subject to United States 

25 law in which a designated national has an interest. 


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1 (2) DESIGNATED NATIONAL DEFINED.—In this 

2 subsection, the term ‘‘designated national’’ has the 

3 meaning given the term in subsection (d)(1) of sec4 tion 211 of the Department of Commerce and Re5 lated Agencies Appropriations Act, 1999 (as such 

6 section was in effect on the day before the date of 

7 the enactment of this Act). 

Æ 


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