Free Trade With Cuba Act

To lift the trade embargo on Cuba, and for other purposes. 1. Short title This Act may be cited as the Free Trade With Cuba Act 2. Findings The Congress finds that— (1) with the end of the Cold War and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in February of 1962 is counterproductive, adding to the hardships of the Cuban people while making the United States the scapegoat for the failures of the communist system; (3) in the countries of the former Soviet Union and the former Eastern bloc, China, and Vietnam, the United States is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; (4) the United States can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges; and (5) on December 17, 2014, the President announced new steps to increase travel, commerce, and the free flow of information to Cuba, and maintained that he looked forward to engaging Congress about lifting the embargo. 3. Removal of provisions restricting trade and other relations with Cuba (a) Authority for Embargo and Sugar Quota Section 620(a) of the Foreign Assistance Act of 1961 22 U.S.C. 2370(a) (b) Trading With the Enemy Act The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law (1) Removal of prohibitions Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (2) Authority for new restrictions The President may, on and after the effective date of this Act— (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (1) Repeal The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments (A) Section 498A of the Foreign Assistance Act of 1961 22 U.S.C. 2295a (i) in subsection (a)(11), by striking and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, facilities, (ii) in subsection (b)— (I) in paragraph (4), by adding or (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 22 U.S.C. 2295b(k) (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000 The Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. (1) in section 906(a)(1) ( 22 U.S.C. 7205(a)(1) (A) by striking Cuba, (B) by inserting (other than Cuba) to the government of a country (2) in section 908 ( 22 U.S.C. 7207 (A) by striking subsection (b); (B) in subsection (a)— (i) by striking Prohibition (1) In general.— In General.— (ii) by striking for exports to Cuba or (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking paragraph (1) subsection (a) (3) by striking section 909 ( 22 U.S.C. 7208 (4) by striking section 910 ( 22 U.S.C. 7209 (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 (h) Termination of Denial of Foreign Tax Credit With Respect to Cuba Subparagraph (A) of section 901(j)(2) Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date that is 60 days after the date of the enactment of this sentence. . (i) Sugar Quota Prohibition Under Food Security Act of 1985 Section 902(c) of the Food Security Act of 1985 is repealed. 4. Telecommunications equipment and facilities Any common carrier within the meaning of section 3 of the Communications Act of 1934 47 U.S.C. 153 5. Travel (a) In General Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel Any transactions ordinarily incident to travel that may not be regulated or prohibited under subsection (a) include, but are not limited to— (1) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal use only; (2) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (3) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (4) any transactions incident to nonscheduled air, sea, or land voyages, except that this paragraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (5) normal banking transactions incident to the activities described in the preceding provisions of this subsection, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments. 6. Direct mail delivery to Cuba The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. 7. Negotiations with Cuba (a) Negotiations The President should take all necessary steps to conduct negotiations with the Government of Cuba— (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions As used in this section, the terms national of the United States property 22 U.S.C. 1643a 8. Effective date This Act and the amendments made by this Act shall take effect on the 60th day after the date of the enactment of this Act.

Summary: Free Trade With Cuba Act Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba. Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Makes ineffective any prohibition on exports to Cuba under the Export Administration Act of 1979. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act. Repeals: (1) the Cuban Democracy Act of 1992, (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, (3) the prohibition under the Food Security Act of 1985 against allocation of the annual sugar quota to any country unless its officials verify that it does not import for reexport to the United States any sugar produced in Cuba, and (4) the prohibition under the Department of Commerce and Related Agencies Appropriations Act, 1999 on transactions or payments respecting certain U.S. intellectual property. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions. Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba. Authorizes common carriers to install and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel. Directs the U.S. Postal Service to provide direct mail service to and from Cuba. Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property, and (2) secure protection of internationally recognized human rights.