India, Petronas of Malaysia, and PetroVietnam also 
have additional concessions, and Sonangol of Angola 
and CNPC of China were in negotiations for conces-
sions. 
(5) As of June 2010, five foreign companies 
had secured land and marine block concessions from 
the Cuban regime, including PdVSA of Venezuela, 
Sinopec of China, Sherritt of Canada, Zarubezhneft 
of Russia, and PetroVietnam. 
(6) A Chinese-built drilling rig, known as the 
Scarabeo 9, which belongs to Saipem, a unit of 
Italian oil company ENI SpA, is expected to arrive 
to Cuba in mid-2011. 
(7) A Repsol-led consortium that includes Nor-
way’s Statoil and ONGC Videsh, a unit of India’s 
Oil and Natural Gas Corp, has reportedly contracted 
the rig first to drill off of Cuba’s northwestern coast, 
then will pass it on to other companies with leases 
for offshore blocks. 
(8) In addition to exploration and development 
investments, Venezuela’s state oil firm PDVSA has 
helped the Cuban regime reactivate and retrofit its 
Cienfuegos facility, a refinery owned by United 
States company, Texaco, before it was confiscated by 
the regime. 
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(9) On April 20, 2010, the Deepwater Horizon 
oil rig, exploded in the Gulf of Mexico, killing eleven 
crewmen. Two days later, the Deepwater Horizon 
sank 48 miles from United States shores, leaving its 
oil well gushing an estimated 2 million gallons of oil 
per day. 
(10) The explosion on Deepwater Horizon and 
ensuing oil spill resulted in the largest environmental 
disaster in United States history, causing irreparable 
damage to the fragile marine ecosystem in the Gulf 
of Mexico as well as numerous species of wildlife. 
(11) Drilling by or under the authorization of 
the current Cuban regime in Cuban waters, a mere 
45 miles from the Florida Keys, poses a serious eco-
nomic and environmental threat to the United 
States. 
SEC. 3. STATEMENT OF POLICY. 
It shall be the policy of the United States to— 
(1) undertake the necessary measures to deny 
the Government of Cuba, the Cuban Communist 
Party, or any agent or instrumentality of either, the 
financial resources to engage in activities that 
threaten— 
(A) United States national security, its in-
terests, and its allies; 
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(B) Florida’s marine environment, includ-
ing the most extensive living coral reef system 
in North American waters and the third largest 
in the world; 
(C) the environment and natural resources 
of the submerged lands located off Cuba’s 
coast; and 
(D) to prolong the dictatorship that op-
presses the Cuban people; and 
(2) deter foreign investments that would en-
hance the ability of the Government of Cuba, or any 
agent or instrumentality thereof, to develop its pe-
troleum resources. 
SEC. 4. EXCLUSION OF CERTAIN ALIENS. 
(a) IN GENERAL.—The Cuban Liberty and Demo-
cratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
6021 et seq.) is amended by inserting after section 401 
the following new section: 
‘‘SEC. 402. EXCLUSION FROM THE UNITED STATES OF 
ALIENS WHO CONTRIBUTE TO THE ABILITY 
OF CUBA TO DEVELOP PETROLEUM RE-
SOURCES LOCATED OFF CUBA’S COAST. 
‘‘(a) IN GENERAL.—The Secretary of State shall 
deny a visa to, and the Secretary of Homeland Security 
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shall exclude from the United States, any alien who the 
Secretary of State determines is a person who— 
‘‘(1) is an officer or principal of an entity, or 
a shareholder who owns a controlling interest in an 
entity, that, on or after January 10, 2005, has made 
or makes an investment that equals or exceeds 
$1,000,000 (or any combination of investments that 
in the aggregate equals or exceeds $1,000,000 in 
any 12-month period), that contributes to the en-
hancement of the ability of the Government of Cuba, 
or any agent or instrumentality thereof, to develop 
petroleum resources of the submerged lands located 
off Cuba’s coast; or 
‘‘(2) is a spouse, minor child, or agent of a per-
son described in paragraph (1). 
‘‘(b) WAIVER.—The Secretary of State may waive the 
application of subsection (a) if the Secretary certifies and 
reports to the appropriate congressional committees, on a 
case-by-case basis, that the admission to the United States 
of a person described in subsection (a)— 
‘‘(1) is necessary for critical medical reasons or 
for purposes of litigation of an action under title III 
of this Act; or 
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‘‘(2) is appropriate if the requirements of sec-
tions 204, 205, and 206 of this Act have been satis-
fied. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) AGENT
AND
INSTRUMENTALITY.—The 
terms ‘agent’ and ‘instrumentality’ shall include the 
Cuban Communist Party. 
‘‘(2) DEVELOP.—The term ‘develop’, with re-
spect to petroleum resources, means the exploration 
for, or the extraction, refining, or transportation by 
pipeline or other means of, petroleum resources. 
‘‘(3) INVESTMENT.—The term ‘investment’ 
means any of the following activities if such activity 
is undertaken pursuant to an agreement, or pursu-
ant to the exercise of rights under such an agree-
ment, that was or is entered into with the Govern-
ment of Cuba (or any agency or instrumentality 
thereof) or a nongovernmental entity in Cuba, on or 
after January 10, 2005: 
‘‘(A) The entry into a contract that in-
cludes responsibility for the development of pe-
troleum resources of the submerged lands lo-
cated off Cuba’s coast, or the entry into a con-
tract providing for the general supervision and 
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guarantee of another person’s performance of 
such a contract. 
‘‘(B) The purchase of a share of owner-
ship, including an equity interest, in such devel-
opment. 
‘‘(C) The entry into a contract providing 
for the participation in royalties, earnings, or 
profits in such development, without regard to 
the form of the participation. 
‘‘(D) The entry into, performance, or fi-
nancing of a contract to sell or purchase goods, 
services, or technology related to such develop-
ment. 
‘‘(4) PETROLEUM RESOURCES.—The term ‘pe-
troleum resources’ includes petroleum and natural 
gas resources, petroleum by products, and liquified 
natural gas.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to aliens seeking admission to the 
United States on or after the date of the enactment of 
this Act. 
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SEC. 5. IMPOSITION OF SANCTIONS AND PROHIBITION ON 
FACILITATION OF DEVELOPMENT OF CUBA’S 
PETROLEUM RESOURCES. 
(a) IN GENERAL.—If the President determines that 
a person has, on or after January 10, 2005, made an in-
vestment that equals or exceeds $1,000,000 (or any com-
bination of investments that in the aggregate equals or 
exceeds $1,000,000 in any 12-month period) that contrib-
utes to the enhancement of the ability of the Government 
of Cuba, or any agent or instrumentality thereof, to de-
velop petroleum resources of the submerged lands located 
off Cuba’s coast, or has made an investment of any 
amount of money that contributes to such an enhancement 
and has trafficked in confiscated United States property, 
the President shall impose two or more of the following 
sanctions: 
(1) PROHIBITION
ON
LOANS
AND
GUARAN-
TEES.—Prohibit the issuance by the Overseas Pri-
vate Investment Corporation, the Export-Import 
Bank, or any other United States instrument of any 
loan, guarantee, insurance, extension of credit, or 
participation in the extension of credit in connection 
with the export of any goods or services to any sanc-
tioned person. 
(2) EXPORT SANCTION.—Prohibit the issuance 
by the United States Government of any specific li-
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cense and or other specific permission or authority 
to export any goods or technology to a sanctioned 
person under— 
(A) the Export Administration Act of 
1979; 
(B) the Arms Export Control Act; 
(C) the Atomic Energy Act of 1954; or 
(D) any other statute that requires the 
prior review and approval of the United States 
Government as a condition for the export or re-
export of goods or services. 
(3) PROHIBITIONS
ON
FINANCIAL
INSTITU-
TIONS.—The following prohibitions may be imposed 
against a sanctioned person that is a financial insti-
tution: 
(A) PROHIBITION
ON
DESIGNATION
AS 
PRIMARY DEALER.—Prohibit the Board of Gov-
ernors of the Federal Reserve System and the 
Federal Reserve Bank of New York from desig-
nating, or permitting the continuation of any 
prior designation of, such financial institution 
as a primary dealer in United States Govern-
ment debt instruments. 
(B) PROHIBITION ON SERVICE AS A RE-
POSITORY OF GOVERNMENT FUNDS.—Prohibit 
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such financial institution from serving as agent 
of the United States Government or serving as 
repository for United States Government funds. 
The imposition of either sanction under subpara-
graph (A) or (B) shall be treated as one sanction for 
purposes of this section, and the imposition of both 
such sanctions shall be treated as two sanctions for 
purposes of this section. 
(4) PROCUREMENT
SANCTION.—Prohibit the 
United States Government from procuring, or enter-
ing into any contract for the procurement of, any 
goods or services from a sanctioned person. 
(b) TERMINATION
OF SANCTIONS.—Sanctions im-
posed pursuant to subsection (a) shall terminate if the 
President determines and certifies to the appropriate con-
gressional committees that the requirements of sections 
204, 205, and 206 of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6064, 
6065, and 6066) have been satisfied. 
(c) PROHIBITION
ON FACILITATION
BY UNITED 
STATES PERSONS OF CUBA’S ABILITY TO DEVELOP PE-
TROLEUM RESOURCES.—It shall be unlawful for any 
United States person to provide materials, technical equip-
ment, or other assistance that contributes to the enhance-
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ment of Cuba’s ability to develop petroleum resources of 
the submerged lands located off Cuba’s coast. 
(d) REPORTS BY SECRETARY OF STATE.—Not later 
than 180 days after the date of the enactment of this Act 
and every 180 days thereafter, the Secretary of State shall 
submit to the Committee on Foreign Affairs and the Com-
mittee on Appropriations of the House of Representatives 
and the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate a report relating 
to— 
(1) 
investments 
that 
equal 
or 
exceed 
$1,000,000 (or any combination of investments that 
in the aggregate equals or exceeds $1,000,000 in 
any 12-month period) that contribute to the en-
hancement of the ability of the Government of Cuba, 
or any agent or instrumentality thereof, to develop 
petroleum resources of the submerged lands located 
off Cuba’s coast, including information relating to 
the values of such investments, the identity of the 
persons making such investments, and proposed in-
vestments that would satisfy such criteria, and infor-
mation relating to any sanctions that have been im-
posed pursuant to subsection (a) as a result of such 
investments; and 
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