(7) With these cautionary factors in mind, it is 
important to provide United States farmers and 
ranchers additional opportunities to benefit from 
trade with Cuba. 
SEC. 3. MODIFICATION OF PROHIBITION ON UNITED 
STATES ASSISTANCE AND FINANCING FOR 
CERTAIN EXPORTS TO CUBA UNDER THE 
TRADE SANCTIONS REFORM AND EXPORT EN-
HANCEMENT ACT OF 2000. 
(a) ASSISTANCE FOR EXPORTS TO CUBA.—Section 
908 of the Trade Sanctions Reform and Export Enhance-
ment Act of 2000 (22 U.S.C. 7207) is amended— 
(1) in the section heading, by striking ‘‘AND 
FINANCING’’; 
(2) by striking subsection (b); 
(3) in subsection (a)— 
(A) by redesignating paragraphs (2) and 
(3) as subsections (b) and (c), respectively, and 
by moving such subsections, as so redesignated, 
2 ems to the left; and 
(B) by adding at the end of subsection (a) 
the following: 
‘‘(2) EXCEPTION FOR CERTAIN PROGRAMS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), paragraph (1) shall not apply with 
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respect to exports to Cuba under section 202 of 
the Agricultural Trade Act of 1978 (7 U.S.C. 
5622), section 203 of the Agricultural Trade 
Act of 1978 (7 U.S.C. 5623), or section 702 of 
the Agricultural Trade Act of 1978 (7 U.S.C. 
5722), including any obligation or expenditure 
of funds by Federal commodity promotion pro-
grams established in accordance with a com-
modity promotion law, as defined by section 
501(a) of the Federal Agriculture Improvement 
and Reform Act of 1996 (7 U.S.C. 7401(a)). 
‘‘(B) RESTRICTION
ON
CERTAIN
RECIPI-
ENTS.—The exception under subparagraph (A) 
shall not apply if the recipient of the United 
States assistance would be an entity controlled 
by the Government of Cuba, including the Rev-
olutionary Armed Forces of Cuba, the Ministry 
of the Interior of Cuba, or any subdivision of ei-
ther governmental entity.’’; 
(4) in subsection (b), as so redesignated, by 
striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 
(a)’’; and 
(5) in subsection (c), as so redesignated, by 
striking ‘‘paragraph (1)’’ and inserting ‘‘subsection 
(a)(1)’’. 
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(b) FINANCING OF SALES OF AGRICULTURAL COM-
MODITIES TO CUBA.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (other than section 908 of the 
Trade Sanctions Reform and Export Enhancement 
Act of 2000 (22 U.S.C. 7207), as amended by sub-
section (a)), a person subject to the jurisdiction of 
the United States may provide payment or financing 
terms for sales of agricultural commodities to Cuba 
or an individual or entity in Cuba. 
(2) DEFINITIONS.—In this section: 
(A) 
AGRICULTURAL
COMMODITY.—The 
term ‘‘agricultural commodity’’ has the meaning 
given the term in section 102 of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5602). 
(B) FINANCING.—The term ‘‘financing’’ 
includes any loan or extension of credit. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect on the date of the enactment of 
this Act and apply with respect to exports to Cuba on or 
after such date of enactment. 
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SEC. 4. AUTHORITY OF PERSONS SUBJECT TO THE JURIS-
DICTION OF THE UNITED STATES TO INVEST 
WITH RESPECT TO CERTAIN AGRICULTURAL 
BUSINESS IN CUBA. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a person subject to the jurisdiction of the 
United States may make an investment with respect to 
the development of an agricultural business in Cuba if the 
Secretary of State and Secretary of Agriculture jointly de-
termine that— 
(1) the agricultural business is not controlled by 
the Government of Cuba, including the Revolu-
tionary Armed Forces of Cuba, the Ministry of the 
Interior of Cuba, or any subdivision of either govern-
mental entity; and 
(2) the agricultural business does not traffic in 
property of persons subject to the jurisdiction of the 
United States which was confiscated by the Cuban 
Government on or after January 1, 1959. 
(b) DEFINITIONS.—In this section: 
(1) AGRICULTURAL BUSINESS.—The term ‘‘ag-
ricultural business’’ means any entity involved in the 
production, manufacture, or distribution of agricul-
tural products (as such term is defined in section 
207 of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1626)). 
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(2) CONFISCATED, CUBAN GOVERNMENT, PROP-
ERTY, AND
TRAFFIC.—The terms ‘‘confiscated’’, 
‘‘Cuban Government’’, ‘‘property’’, and ‘‘traffic’’ 
have the meaning given such terms in section 4 of 
the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (22 U.S.C. 6023). 
(3) INVESTMENT.—The term ‘‘investment’’, 
with respect to the development of an agricultural 
business in Cuba, means— 
(A) entry into a contract involving the pur-
chase of a share of ownership, including an eq-
uity interest, in the development of the agricul-
tural business; 
(B) entry into a contract providing for par-
ticipation in royalties, earnings, or profits in 
the development of the agricultural business; or 
(C) entry into, or performance or financing 
of, a contract to sell goods, services, or tech-
nology relating to the agricultural business. 
Æ 
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