United States-Cuba Trade Act of 2021
Bill: S.249 | Sponsor: Sen. Wyden, Ron (D-OR)
Policy area: International Affairs

Summary:
United States-Cuba Trade Act of 2021
This bill repeals the trade embargo on Cuba and other provisions restricting trade and travel to Cuba.
Specifically, the bill (1) removes restrictions on certain transactions related to trademarks used in connection with a confiscated business or asset, (2) extends nondiscriminatory trade treatment to Cuban products, and (3) prohibits and rescinds limits on remittances to Cuba.
The bill authorizes common carriers to provide telecommunications services between the United States and Cuba. In addition, travel by U.S. citizens and residents to Cuba may not be regulated or prohibited if such travel would be lawful in the United States.
The President shall take all necessary steps to engage with Cuba to (1) negotiate settlements relating to claims that Cuba had taken the property of U.S. nationals, and (2) secure the protection of internationally recognized human rights. The President may, with respect to Cuba, impose new export controls and exercise powers related to declared national emergencies.
The President must submit a specified determination about a foreign country to Congress prior to denying an income tax credit for taxes paid to the foreign country.

To lift the trade embargo on Cuba, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Cuba Trade Act of 
2021''.

SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS 
              WITH CUBA.

    (a) Authority for Embargo and Sugar Quota.--
            (1) In general.--Section 620(a) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2370(a)) is repealed.
            (2) Conforming amendment.--Section 1610(f)(1)(A) of title 
        28, United States Code, is amended by striking ``section 620(a) 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)),''.
    (b) Trading With the Enemy Act.--
            (1) In general.--The authorities conferred upon the 
        President by section 5(b) of the Trading With the Enemy Act (50 
        U.S.C. 4305(b)), 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.
            (2) Regulations.--Any regulation in effect on the day 
        before the effective date of this Act pursuant to the exercise 
        of authorities described in paragraph (1) shall cease to be 
        effective on such effective 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 (Public 
        Law 96-72; 93 Stat. 503) or the Export Control Reform Act of 
        2018 (50 U.S.C. 4801 et seq.) shall cease to be effective on 
        such effective date.
            (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 the Export Control Reform Act of 2018 (50 U.S.C. 
                4801 et seq.); and
                    (B) exercise the authorities the President has 
                under the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.) 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 to the national security, foreign 
                policy, or economy of the United States, that did not 
                exist before the date of the enactment of this Act.
    (d) Repeal of Cuban Democracy Act of 1992.--The Cuban Democracy Act 
of 1992 (22 U.S.C. 6001 et seq.) 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 (22 U.S.C. 6021 et seq.) is repealed.
            (2) Conforming amendments.--
                    (A) Visa revocation.--Section 428(c)(2) of the 
                Homeland Security Act of 2002 (6 U.S.C. 236(c)(2)) is 
                amended--
                            (i) by striking subparagraph (K); and
                            (ii) by redesignating subparagraphs (L) 
                        through (P) as subparagraphs (K) through (O), 
                        respectively.
                    (B) Effect of determination.--Section 606 of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (Public Law 104-208; 8 U.S.C. 1255 note) is 
                repealed.
                    (C) Property immune from attachment.--Section 1611 
                of title 28, United States Code, is amended by striking 
                subsection (c).
                    (D) International claims.--Sections 514 and 515 of 
                the International Claims Settlement Act of 1949 (22 
                U.S.C. 1643l and 1643m) are repealed.
    (f) Repeal of Provisions Imposing Certain Restrictions on 
Assistance to Former Soviet Countries.--
            (1) In general.--Section 498A of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2295a) is amended--
                    (A) in subsection (a)(11), by striking ``and 
                intelligence facilities, including the military and 
                intelligence facilities at Lourdes and Cienfuegos,'' 
                and inserting ``facilities,'';
                    (B) in subsection (b)--
                            (i) in paragraph (4), by inserting ``or'' 
                        after the semicolon;
                            (ii) by striking paragraph (5); and
                            (iii) by redesignating paragraph (6) as 
                        paragraph (5); and
                    (C) by striking subsection (d).
            (2) Definitions.--Section 498B(k) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking 
        paragraphs (3) and (4).
    (g) 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.) is amended--
            (1) in section 906(a)(1) (22 U.S.C. 7205(a)(1)), by 
        striking ``Cuba,'';
            (2) in section 908 (22 U.S.C. 7207)--
                    (A) by striking subsection (b);
                    (B) in subsection (a)--
                            (i) by striking ``Prohibition'' and all 
                        that follows through ``(1) In general.--
                        Notwithstanding'' and inserting ``In General.--
                        Notwithstanding'';
                            (ii) by striking ``for exports to Cuba 
                        or'';
                            (iii) by striking paragraph (2); and
                            (iv) by redesignating paragraph (3) as 
                        subsection (b) and by moving such subsection, 
                        as so redesignated, 2 ems to the left; and
                    (C) in subsection (b), as redesignated by 
                subparagraph (B)(iv), by striking ``paragraph (1)'' and 
                inserting ``subsection (a)'';
            (3) by striking section 909 (22 U.S.C. 7208);
            (4) by striking section 910 (22 U.S.C. 7209); and
            (5) by redesignating section 911 (Public Law 106-387; 114 
        Stat. 1549A-72) as section 909.
    (h) 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; 
112 Stat. 2681-88) is repealed.
    (i) Sugar Quota Prohibition Under Food Security Act of 1985.--
Subsection (c) of section 902 of the Food Security Act of 1985 (Public 
Law 99-198; 99 Stat. 1444) is repealed.

SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.

    Any common carrier, as defined in section 3 of the Communications 
Act of 1934 (47 U.S.C. 153), is authorized to install, maintain, and 
repair telecommunications equipment and facilities in Cuba, and 
otherwise provide telecommunications services between the United States 
and Cuba. The authority of this section includes the authority to 
upgrade facilities and equipment.

SEC. 4. 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 that travel would be lawful in the United States.
    (b) Transactions Incident To Travel.--Transactions ordinarily 
incident to travel that may not be regulated or prohibited under 
subsection (a) include the following:
            (1) Transactions ordinarily incident to travel or 
        maintenance in Cuba.
            (2) Normal banking transactions involving foreign currency 
        drafts, traveler's checks, or other negotiable instruments 
        incident to that travel.

SEC. 5. NEGOTIATIONS WITH CUBA.

    (a) Negotiations.--The President should take all necessary steps to 
advance 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.--In this section, the terms ``national of the 
United States'' and ``property'' have the meanings given those terms in 
section 502 of the International Claims Settlement Act of 1949 (22 
U.S.C. 1643a).

SEC. 6. EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT.

    (a) Sense of Congress.--
            (1) In general.--It is the sense of the Congress that--
                    (A) the United States should promote democratic 
                change and economic reform by normalizing trade 
                relations with Cuba; and
                    (B) upon the enactment of this Act, it will no 
                longer be necessary for the United States to continue 
                to use article XXI of the GATT 1994 with respect to 
                Cuba, understanding that the President retains full 
                authority to invoke article XXI of the GATT 1994 and 
                comparable provisions in other Uruguay Round Agreements 
                in the future in all appropriate circumstances.
            (2) Definitions.--In this section, the terms ``GATT 1994'' 
        and ``Uruguay Round Agreements'' have the meanings given those 
        terms in section 2 of the Uruguay Round Agreements Act (19 
        U.S.C. 3501).
    (b) Extension of Nondiscriminatory Treatment to the Products of 
Cuba.--
            (1) Harmonized tariff schedule amendments.--Subdivision (b) 
        of general note 3 of the Harmonized Tariff Schedule of the 
        United States is amended--
                    (A) by striking ``to section 401 of the Tariff 
                Classification Act of 1962,''; and
                    (B) by striking ``Cuba''.
            (2) Repeal of section 401 of the tariff classification act 
        of 1962.--Section 401 of the Tariff Classification Act of 1962 
        (Public Law 87-456; 76 Stat. 78) is repealed.
            (3) Termination of application of title iv of the trade act 
        of 1974 to cuba.--
                    (A) Extension of nondiscriminatory treatment.--
                Nondiscriminatory treatment (normal trade relations 
                treatment) shall apply to the products of Cuba.
                    (B) Termination of application of title iv.--Title 
                IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) 
                shall cease to apply to Cuba.
            (4) Effective date.--This section, and the amendments made 
        by this section, shall apply with respect to goods entered, or 
        withdrawn from warehouse for consumption, on or after the 15th 
        day after the date of the enactment of this Act.
    (c) Report to Congress.--The President shall submit to Congress, 
not later than 18 months after the date of the enactment of this Act, a 
report on trade relations between the United States and Cuba.

SEC. 7. PROHIBITION ON LIMITING ANNUAL REMITTANCES.

    (a) In General.--Except as provided in subsection (b), the 
Secretary of the Treasury may not limit the amount of remittances to 
Cuba that may be made by any person who is subject to the jurisdiction 
of the United States, and the Secretary shall rescind all regulations 
in effect on the date of the enactment of this Act that so limit the 
amount of those remittances.
    (b) Rule of Construction.--Nothing in subsection (a) may be 
construed to prohibit the prosecution or conviction of any person 
committing an offense described in section 1956 of title 18, United 
States Code (relating to the laundering of monetary instruments), or 
section 1957 of such title (relating to engaging in monetary 
transactions in property derived from specific unlawful activity).

SEC. 8. REQUIREMENT TO REPORT TO CONGRESS PRIOR TO DENIAL OF FOREIGN 
              TAX CREDIT WITH RESPECT TO CERTAIN FOREIGN COUNTRIES.

    (a) In General.--Subclause (II) of section 901(j)(2)(B)(i) of the 
Internal Revenue Code of 1986 is amended by striking ``such country 
becomes'' and inserting ``the date on which the President reports to 
Congress that such country has been determined to be''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendment 
        made by this section shall apply to any determination regarding 
        whether a foreign country is described in subparagraph (A) of 
        section 901(j)(2) of the Internal Revenue Code of 1986 which is 
        made after the date of the enactment of this Act.
            (2) Non-application to countries subject to denial of 
        foreign tax credit.--Nothing in this section, or the amendment 
        made by this section, shall be construed to alter, amend, or 
        otherwise affect the application of subsection (j) of section 
        901 of such Code to any country which has been determined to be 
        a country described in paragraph (2)(A) of such subsection on 
        or before the date of the enactment of this Act.

SEC. 9. EFFECTIVE DATE.

    Except as provided in sections 6 and 8, this Act and the amendments 
made by this Act shall take effect on the date that is 60 days after 
the date of the enactment of this Act.
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