H. R. 927—6
agency or instrumentality of a foreign state as defined in section
1603(b) of title 28, United States Code, with each reference
in such section to ‘‘a foreign state’’ deemed to be a reference
to ‘‘Cuba’’.
(6) DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.—The
term ‘‘democratically elected government in Cuba’’ means a
government determined by the President to have met the
requirements of section 206.
(7) ECONOMIC
EMBARGO
OF
CUBA.—The term ‘‘economic
embargo of Cuba’’ refers to—
(A) the economic embargo (including all restrictions
on trade or transactions with, and travel to or from, Cuba,
and all restrictions on transactions in property in which
Cuba or nationals of Cuba have an interest) that was
imposed against Cuba pursuant to section 620(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), section
5(b) of the Trading with the Enemy Act (50 U.S.C. App.
5(b)), the Cuban Democracy Act of 1992 (22 U.S.C. 6001
and following), or any other provision of law; and
(B) the restrictions imposed by section 902(c) of the
Food Security Act of 1985.
(8) FOREIGN
NATIONAL.—The term ‘‘foreign national’’
means—
(A) an alien; or
(B) any corporation, trust, partnership, or other juridi-
cal entity not organized under the laws of the United
States, or of any State, the District of Columbia, or any
commonwealth, territory, or possession of the United
States.
(9) KNOWINGLY.—The term ‘‘knowingly’’ means with knowl-
edge or having reason to know.
(10) OFFICIAL OF THE CUBAN GOVERNMENT OR THE RULING
POLITICAL PARTY IN CUBA.—The term ‘‘official of the Cuban
Government or the ruling political party in Cuba’’ refers to
any member of the Council of Ministers, Council of State,
central committee of the Communist Party of Cuba, or the
Politburo of Cuba, or their equivalents.
(11) PERSON.—The term ‘‘person’’ means any person or
entity, including any agency or instrumentality of a foreign
state.
(12) PROPERTY.—(A) The term ‘‘property’’ means any prop-
erty (including patents, copyrights, trademarks, and any other
form of intellectual property), whether real, personal, or mixed,
and any present, future, or contingent right, security, or other
interest therein, including any leasehold interest.
(B) For purposes of title III of this Act, the term ‘‘property’’
does not include real property used for residential purposes
unless, as of the date of the enactment of this Act—
(i) the claim to the property is held by a United States
national and the claim has been certified under title V
of the International Claims Settlement Act of 1949; or
(ii) the property is occupied by an official of the Cuban
Government or the ruling political party in Cuba.
(13) TRAFFICS.—(A) As used in title III, and except as
provided in subparagraph (B), a person ‘‘traffics’’ in confiscated
property if that person knowingly and intentionally—
H. R. 927—7
(i) sells, transfers, distributes, dispenses, brokers, man-
ages, or otherwise disposes of confiscated property, or pur-
chases, leases, receives, possesses, obtains control of, man-
ages, uses, or otherwise acquires or holds an interest in
confiscated property,
(ii) engages in a commercial activity using or otherwise
benefiting from confiscated property, or
(iii) causes, directs, participates in, or profits from,
trafficking (as described in clause (i) or (ii)) by another
person, or otherwise engages in trafficking (as described
in clause (i) or (ii)) through another person,
without the authorization of any United States national who
holds a claim to the property.
(B) The term ‘‘traffics’’ does not include—
(i) the delivery of international telecommunication sig-
nals to Cuba;
(ii) the trading or holding of securities publicly traded
or held, unless the trading is with or by a person deter-
mined by the Secretary of the Treasury to be a specially
designated national;
(iii) transactions and uses of property incident to lawful
travel to Cuba, to the extent that such transactions and
uses of property are necessary to the conduct of such travel;
or
(iv) transactions and uses of property by a person
who is both a citizen of Cuba and a resident of Cuba,
and who is not an official of the Cuban Government or
the ruling political party in Cuba.
(14) TRANSITION GOVERNMENT IN CUBA.—The term ‘‘transi-
tion government in Cuba’’ means a government that the Presi-
dent determines is a transition government consistent with
the requirements and factors set forth in section 205.
(15) UNITED STATES NATIONAL.—The term ‘‘United States
national’’ means—
(A) any United States citizen; or
(B) any other legal entity which is organized under
the laws of the United States, or of any State, the District
of Columbia, or any commonwealth, territory, or possession
of the United States, and which has its principal place
of business in the United States.
SEC. 5. SEVERABILITY.
If any provision of this Act or the amendments made by this
Act or the application thereof to any person or circumstance is
held invalid, the remainder of this Act, the amendments made
by this Act, or the application thereof to other persons not similarly
situated or to other circumstances shall not be affected by such
invalidation.
TITLE 
I—STRENGTHENING 
INTER-
NATIONAL SANCTIONS AGAINST THE
CASTRO GOVERNMENT
SEC. 101. STATEMENT OF POLICY.
It is the sense of the Congress that—
H. R. 927—8
(1) the acts of the Castro government, including its massive,
systematic, and extraordinary violations of human rights, are
a threat to international peace;
(2) the President should advocate, and should instruct the
United States Permanent Representative to the United Nations
to propose and seek within the Security Council, a mandatory
international embargo against the totalitarian Cuban Govern-
ment pursuant to chapter VII of the Charter of the United
Nations, employing efforts similar to consultations conducted
by United States representatives with respect to Haiti;
(3) any resumption of efforts by any independent state
of the former Soviet Union to make operational any nuclear
facilities in Cuba, and any continuation of intelligence activities
by such a state from Cuba that are targeted at the United
States and its citizens will have a detrimental impact on United
States assistance to such state; and
(4) in view of the threat to the national security posed
by the operation of any nuclear facility, and the Castro govern-
ment’s continuing blackmail to unleash another wave of Cuban
refugees fleeing from Castro’s oppression, most of whom find
their way to United States shores, further depleting limited
humanitarian and other resources of the United States, the
President should do all in his power to make it clear to the
Cuban Government that—
(A) the completion and operation of any nuclear power
facility, or
(B) any further political manipulation of the desire
of Cubans to escape that results in mass migration to
the United States,
will be considered an act of aggression which will be met
with an appropriate response in order to maintain the security
of the national borders of the United States and the health
and safety of the American people.
SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.
(a) POLICY.—
(1) RESTRICTIONS
BY
OTHER
COUNTRIES.—The Congress
hereby reaffirms section 1704(a) of the Cuban Democracy Act
of 1992, which states that the President should encourage
foreign countries to restrict trade and credit relations with
Cuba in a manner consistent with the purposes of that Act.
(2) SANCTIONS ON OTHER COUNTRIES.—The Congress fur-
ther urges the President to take immediate steps to apply
the sanctions described in section 1704(b)(1) of that Act against
countries assisting Cuba.
(b) DIPLOMATIC EFFORTS.—The Secretary of State should ensure
that United States diplomatic personnel abroad understand and,
in their contacts with foreign officials, are communicating the rea-
sons for the United States economic embargo of Cuba, and are
urging foreign governments to cooperate more effectively with the
embargo.
(c) EXISTING REGULATIONS.—The President shall instruct the
Secretary of the Treasury and the Attorney General to enforce
fully the Cuban Assets Control Regulations set forth in part 515
of title 31, Code of Federal Regulations.
(d) TRADING WITH THE ENEMY ACT.—
H. R. 927—9
(1) CIVIL PENALTIES.—Subsection (b) of section 16 of the
Trading with the Enemy Act (50 U.S.C. App. 16(b)), as added
by Public Law 102–484, is amended to read as follows:
‘‘(b)(1) A civil penalty of not to exceed $50,000 may be imposed
by the Secretary of the Treasury on any person who violates any
license, order, rule, or regulation issued in compliance with the
provisions of this Act.
‘‘(2) Any property, funds, securities, papers, or other articles
or documents, or any vessel, together with its tackle, apparel,
furniture, and equipment, that is the subject of a violation under
paragraph (1) shall, at the direction of the Secretary of the Treasury,
be forfeited to the United States Government.
‘‘(3) The penalties provided under this subsection may be
imposed only on the record after opportunity for an agency hearing
in accordance with sections 554 through 557 of title 5, United
States Code, with the right to prehearing discovery.
‘‘(4) Judicial review of any penalty imposed under this sub-
section may be had to the extent provided in section 702 of title
5, United States Code.’’.
(2) CONFORMING AMENDMENT; CRIMINAL FORFEITURE.—Sec-
tion 16 of the Trading with the Enemy Act is further amended
by striking subsection (b), as added by Public Law 102–393.
(3) CLERICAL AMENDMENTS.—Section 16 of the Trading with
the Enemy Act is further amended—
(A) by inserting ‘‘SEC. 16.’’ before ‘‘(a)’’; and
(B) in subsection (a) by striking ‘‘participants’’ and
inserting ‘‘participates’’.
(e) DENIAL
OF VISAS
TO CERTAIN CUBAN NATIONALS.—It is
the sense of the Congress that the President should instruct the
Secretary of State and the Attorney General to enforce fully existing
regulations to deny visas to Cuban nationals considered by the
Secretary of State to be officers or employees of the Cuban Govern-
ment or of the Communist Party of Cuba.
(f) COVERAGE OF DEBT-FOR-EQUITY SWAPS BY ECONOMIC EMBAR-
GO OF CUBA.—Section 1704(b)(2) of the Cuban Democracy Act of
1992 (22 U.S.C. 6003(b)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the following new
subparagraph:
‘‘(B) includes an exchange, reduction, or forgiveness
of Cuban debt owed to a foreign country in return for
a grant of an equity interest in a property, investment,
or operation of the Government of Cuba (including the
government of any political subdivision of Cuba, and any
agency or instrumentality of the Government of Cuba) or
of a Cuban national; and’’; and
(4) by adding at the end the following flush sentence:
‘‘As used in this paragraph, the term ‘agency or instrumentality
of the Government of Cuba’ means an agency or instrumentality
of a foreign state as defined in section 1603(b) of title 28,
United States Code, with each reference in such section to
‘a foreign state’ deemed to be a reference to ‘Cuba’.’’.
(g) TELECOMMUNICATIONS SERVICES.—Section 1705(e) of the
Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended
by adding at the end the following new paragraphs: