II 

110TH CONGRESS 

1ST SESSION S. 1673 

To facilitate the export of United States agricultural products to Cuba as 

authorized by the Trade Sanctions Reform and Export Enhancement 

Act of 2000, to remove impediments to the export to Cuba of medical 

devices and medicines, to allow travel to Cuba by United States citizens, 

to establish an agricultural export promotion program with respect to 

Cuba, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2007 

Mr. BAUCUS (for himself, Mr. CRAPO, Mr. BINGAMAN, Ms. CANTWELL, Mrs. 

LINCOLN, Ms. STABENOW, Mr. WYDEN, Mr. HARKIN, Ms. LANDRIEU, 

Mr. ROBERTS, Mr. DORGAN, Mr. ENZI, and Mr. PRYOR) 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 products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000, to remove 

impediments to the export to Cuba of medical devices 

and medicines, to allow travel to Cuba by United States 

citizens, to establish an agricultural export promotion 

program with respect to Cuba, 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, 


hmoore on PRODPC68 with HMBILLS
2 

•S 1673 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Promoting American 

3 Agricultural and Medical Exports to Cuba Act of 2007’’. 

4 SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER 

5 TRADE SANCTIONS REFORM AND EXPORT EN6 HANCEMENT ACT OF 2000. 

7 Section 908(b)(1) of the Trade Sanctions Reform and 

8 Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) 

9 is amended by inserting after subparagraph (B) the fol10 lowing: 

11 ‘‘(C) Notwithstanding any other provision 

12 of law, the term ‘payment of cash in advance’ 

13 means the payment by the purchaser of an agri14 cultural commodity or product and the receipt 

15 of such payment by the seller prior to— 

16 ‘‘(i) the transfer of title of such com17 modity or product to the purchaser; and 

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

19 commodity or product to the purchaser.’’. 

20 SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN 

21 CUBAN AND UNITED STATES DEPOSITORY IN22 STITUTIONS. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, the President may not restrict direct transfers 

25 from a Cuban depository institution to a United States 

26 depository institution executed in payment for a product 


hmoore on PRODPC68 with HMBILLS
3 

•S 1673 IS

1 authorized for sale under the Trade Sanctions Reform and 

2 Export Enhancement Act of 2000 (22 U.S.C. 7201 et 

3 seq.). 

4 (b) DEPOSITORY INSTITUTION DEFINED.—For pur5 poses of subsection (a), the term ‘‘depository institution’’ 

6 means any entity that is engaged primarily in the business 

7 of banking (including a bank, savings bank, savings asso8 ciation, credit union, trust company, or bank holding com9 pany). 

10 SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PRO11 MOTION PROGRAM WITH RESPECT TO CUBA. 

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

13 establish a program to provide information and technical 

14 assistance to United States agricultural producers, cooper15 ative organizations, or state agencies that promote the sale 

16 of agricultural commodities, in order to promote and facili17 tate United States exports of agricultural products to 

18 Cuba as authorized by the Trade Sanctions Reform and 

19 Export Enhancement Act of 2000. 

20 (b) TECHNICAL ASSISTANCE TO FACILITATE EX21 PORTS.—The Secretary shall maintain on a website on the 

22 Internet information to assist exporters and potential ex23 porters of United States agricultural commodities with re24 spect to Cuba. 


hmoore on PRODPC68 with HMBILLS
4 

•S 1673 IS

1 (c) AUTHORIZATION OF FUNDS.—The Secretary is 

2 authorized to expend such sums as may be available in 

3 the Agricultural Export Promotion Trust Fund estab4 lished under section 10 to carry out the provisions of this 

5 section. 

6 SEC. 5. SENSE OF CONGRESS THAT VISAS SHOULD BE 

7 ISSUED. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that the Secretary of State should issue visas for 

10 temporary entry into the United States to nationals of 

11 Cuba whose itinerary documents an intent to conduct ac12 tivities, including phytosanitary inspections, relating to 

13 the purchase of United States agricultural goods pursuant 

14 to the provisions of the Trade Sanctions Reform and Ex15 port Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). 

16 (b) PERIODIC REPORTS.— 

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

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

19 days thereafter, the Secretary of State shall submit 

20 to the Committee on Finance, the Committee on Ag21 riculture, Nutrition, and Forestry, and the Com22 mittee on Foreign Relations of the Senate, and the 

23 Committee on Agriculture, the Committee on Ways 

24 and Means, and the Committee on Foreign Affairs 


hmoore on PRODPC68 with HMBILLS
5 

•S 1673 IS

1 of the House of Representatives a report on the 

2 issuance of visas described in subsection (a). 

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

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

5 application received from a national of Cuba for a 

6 visa to travel to the United States to engage in pur7 chasing activities pursuant to the provisions of the 

8 Trade Sanctions Reform and Export Enhancement 

9 Act of 2000 (22 U.S.C. 7201 et seq.) and shall de10 scribe the disposition of each such application. 

11 SEC. 6. ADHERENCE TO INTERNATIONAL AGREEMENTS 

12 FOR THE MUTUAL PROTECTION OF INTEL13 LECTUAL PROPERTY, INCLUDING REPEAL OF 

14 SECTION 211. 

15 (a) REPEAL OF PROHIBITION ON ENFORCEMENT OF

16 RIGHTS TO CERTAIN UNITED STATES INTELLECTUAL

17 PROPERTIES AND TRANSFER OF SUCH PROPERTIES.— 

18 (1) REPEAL.—Section 211 of the Department 

19 of Commerce and Related Agencies Appropriations 

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

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

22 (2) REGULATIONS.—The Secretary of the 

23 Treasury shall promulgate such regulations as are 

24 necessary to carry out the repeal made by paragraph 

25 (1), including removing any prohibition on transVerDate Aug 31 2005 02:11 Jun 23, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

hmoore on PRODPC68 with HMBILLS
6 

•S 1673 IS

1 actions or payments to which subsection (a)(1) of 

2 section 211 of the Department of Commerce and 

3 Related Agencies Appropriations Act, 1999, applied. 

4 (3) FURTHER REGULATIONS.—The Secretary of 

5 the Treasury shall amend the Cuban Assets Control 

6 regulations (part 515 of title 31, Code of Federal 

7 Regulations) to authorize under general license the 

8 transfer or receipt of any trademark or trade name 

9 subject to United States law in which a national of 

10 a designated foreign country has an interest. The fil11 ing and prosecution of opposition and infringement 

12 proceedings related to any trademark or trade name 

13 in which a national of a designated foreign country 

14 has an interest and the prosecution of any defense 

15 to such proceedings shall also be authorized by gen16 eral license. 

17 SEC. 7. TRAVEL TO CUBA. 

18 (a) FREEDOM OF TRAVEL FOR UNITED STATES CITI19 ZENS AND LEGAL RESIDENTS.—On and after the date of 

20 the enactment of this Act, and subject to subsection (c)— 

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

22 directly or indirectly, travel to or from Cuba by 

23 United States citizens or legal residents, or any of 

24 the transactions incident to such travel that are set 

25 forth in subsection (b); and 


hmoore on PRODPC68 with HMBILLS
7 

•S 1673 IS

1 (2) any regulation in effect on such date of en2 actment that regulates or prohibits travel to or from 

3 Cuba by United States citizens or legal residents or 

4 transactions incident to such travel shall cease to 

5 have any force or effect. 

6 (b) TRANSACTIONS INCIDENT TO TRAVEL.— 

7 (1) IN GENERAL.—The transactions incident to 

8 travel referred to in subsection (a) are— 

9 (A) any transactions ordinarily incident to 

10 travel to or from Cuba, including the importa11 tion into Cuba or the United States of accom12 panied baggage for personal use only; 

13 (B) any transactions ordinarily incident to 

14 travel or maintenance within Cuba, including 

15 the payment of living expenses and the acquisi16 tion of goods or services for personal use; 

17 (C) any transactions ordinarily incident to 

18 the arrangement, promotion, or facilitation of 

19 travel to, from, or within Cuba; 

20 (D) any transactions incident to non21 scheduled air, sea, or land voyages, except that 

22 this paragraph does not authorize the carriage 

23 of articles into Cuba or the United States other 

24 than accompanied baggage described in sub25 paragraph (A); and 


hmoore on PRODPC68 with HMBILLS
8 

•S 1673 IS

1 (E) normal banking transactions incident 

2 to the activities described in subparagraphs (A) 

3 through (D) of this paragraph, including the 

4 issuance, clearing, processing, or payment of 

5 checks, drafts, travelers checks, credit or debit 

6 card instruments, or similar instruments. 

7 (2) EXCEPTION.—Nothing in this section shall 

8 be deemed to authorize the importation into the 

9 United States of any goods acquired in Cuba for 

10 personal consumption. 

11 (c) LIMITATIONS.—The provisions of this section 

12 shall not apply in a case in which the United States is 

13 at war with Cuba, armed hostilities between the 2 coun14 tries are in progress, or there is imminent danger to the 

15 public health or the physical safety of citizens and lawful 

16 permanent residents of the United States who travel to 

17 Cuba. 

18 (d) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—The provisions of this sec20 tion apply to actions taken by the President before 

21 the date of the enactment of this Act and that are 

22 in effect on such date of enactment, and to actions 

23 taken on or after such date of enactment. 

24 (2) INAPPLICABILITY OF OTHER PROVISIONS.— 

25 This section applies notwithstanding section 102(h) 


hmoore on PRODPC68 with HMBILLS
9 

•S 1673 IS

1 of the Cuban Liberty and Democratic Solidarity 

2 (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and 

3 section 910(b) of the Trade Sanctions Reform and 

4 Export Enhancement Act of 2000 (22 U.S.C. 

5 7209(b)). 

6 SEC. 8. EXPORT OF MEDICINES AND MEDICAL DEVICES TO 

7 CUBA. 

8 (a) REPEAL OF REQUIREMENT FOR ONSITE

9 VERIFICATIONS.—Section 1705 of the Cuban Democracy 

10 Act of 1992 (22 U.S.C. 6004) is amended by striking sub11 section (d). 

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

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

14 restrict the authority of the President to— 

15 (1) impose export controls with respect to the 

16 export of medicines or medical devices under sec17 tions 5 or 6 of the Export Administration Act of 

18 1979; or 

19 (2) exercise the authorities the President has 

20 under the International Emergency Economic Pow21 ers Act with respect to Cuba pursuant to a declara22 tion of national emergency required by that Act that 

23 is made on account of an unusual and extraordinary 

24 threat, that did not exist before the enactment of 


hmoore on PRODPC68 with HMBILLS
10 

•S 1673 IS

1 this Act, to the national security, foreign policy, or 

2 economy of the United States. 

3 SEC. 9. INCREASE IN AIRPORT TICKET TAX FOR TRANSPOR4 TATION BETWEEN UNITED STATES AND 

5 CUBA; ESTABLISHMENT OF AGRICULTURAL 

6 EXPORT PROMOTION TRUST FUND. 

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

8 section 4261 of the Internal Revenue Code of 1986 (relat9 ing to use of international travel facilities) is amended by 

10 adding at the end the following new paragraph: 

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

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

13 transportation beginning or ending in Cuba before 

14 January 1, 2013, such tax shall be increased by 

15 $1.00.’’. 

16 (b) AGRICULTURAL EXPORT PROMOTION TRUST

17 FUND.— 

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

19 of the Internal Revenue Code of 1986 (relating to 

20 establishment of trust funds) is amended by adding 

21 at the end the following new section: 

22 ‘‘SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST 

23 FUND. 

24 ‘‘(a) CREATION OF TRUST FUND.—There is estab25 lished in the Treasury of the United States a trust fund 


hmoore on PRODPC68 with HMBILLS
11 

•S 1673 IS

1 to be known as the ‘Agricultural Export Promotion Trust 

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

3 or credited to such fund as provided in this section or sec4 tion 9602(b). 

5 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here6 by appropriated to the Agricultural Export Promotion 

7 Trust Fund amounts equivalent to the taxes received in 

8 the Treasury by reason of section 4261(c)(4). 

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

10 Export Promotion Trust Fund shall be available, as pro11 vided by appropriation Acts, for making expenditures to 

12 the Secretary of Agriculture for the purposes set out in 

13 section 4.’’. 

14 (2) CONFORMING AMENDMENT.—Subparagraph 

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

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

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

18 (3) CLERICAL AMENDMENT.—The table of sec19 tions for subchapter A of chapter 98 of such Code 

20 is amended by adding at the end the following new 

21 item: 

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

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

23 subsection (a) shall apply to transportation beginning 

24 after the 90-day period beginning on the date of the enactVerDate Aug 31 2005 02:11 Jun 23, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

hmoore on PRODPC68 with HMBILLS
12 

•S 1673 IS

1 ment of this Act, except that such amendment shall not 

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

Æ 


hmoore on PRODPC68 with HMBILLS