Freedom to Export to Cuba Act of 2021
Bill: S.1694 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: International Affairs

Summary:
Freedom to Export to Cuba Act of 2021
This bill repeals both the President's statutory authority to impose an embargo on Cuba and various prohibitions against providing assistance to Cuba. It also repeals provisions related to (1) the President's authority to impose sanctions on countries that provide assistance to Cuba, (2) the prohibition against U.S. investment in domestic telecommunications networks within Cuba, (3) restrictions on vessels that have departed from a port in Cuba within 180 days of loading or unloading freight in the United States, and (4) restrictions on remittances to Cuba.
The President is authorized to impose export controls with respect to Cuba and exercise certain emergency economic powers in relation to unusual and extraordinary threats to the United States.

To lift the trade embargo on Cuba.

    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 ``Freedom to Export to Cuba Act of 
2021''.

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

    (a) Authority for Embargo.--
            (1) In general.--Section 620(a) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2370(a)) is amended by striking ``(1) No 
        assistance'' and all that follows through ``(2) Except'' and 
        inserting ``Except''.
            (2) Conforming amendment.--Section 1709 of the Cuban 
        Democracy Act of 1992 (22 U.S.C. 6008) is amended by striking 
        ``section 620(a)(2)'' and inserting ``section 620(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 date of the enactment of this 
        Act, may not be relied upon on or after such date of enactment 
        to continue the imposition of direct restrictions on trade with 
        Cuba.
            (2) Regulations.--Any regulation that imposes direct 
        restrictions on trade with Cuba in effect on the day before the 
        date of the enactment of this Act pursuant to the exercise of 
        authorities described in paragraph (1) shall cease to be 
        effective for that purpose on and after such date of enactment.
    (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 date of the 
        enactment of this Act under the Export Administration Act of 
        1979 or the Export Control Reform Act of 2018 (50 U.S.C. 4801 
        et seq.) shall cease to be effective on and after such date of 
        enactment.
            (2) Authority for new restrictions.--The President may, on 
        and after the date of the enactment of this Act--
                    (A) impose export controls with respect to Cuba 
                under section 1753 or 1754(c) of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4812 and 4813(c)); 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) Cuban Democracy Act.--
            (1) In general.--The Cuban Democracy Act of 1992 (22 U.S.C. 
        6001 et seq.) is amended--
                    (A) by striking section 1704 (22 U.S.C. 6003);
                    (B) in section 1705(e) (22 U.S.C. 6004(e))--
                            (i) by striking paragraph (5); and
                            (ii) by redesignating paragraph (6) as 
                        paragraph (5);
                    (C) by striking section 1706 (22 U.S.C. 6005); and
                    (D) by striking section 1708 (22 U.S.C. 6007).
            (2) Conforming amendment.--Paragraph (3) of section 204(b) 
        of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 
        of 1996 (22 U.S.C. 6064(b)) is amended to read as follows:
            ``(3) section 1705(d) of the Cuban Democracy Act of 1992 
        (22 U.S.C. 6004(d));''.
    (e) Cuban Liberty and Democratic Solidarity Act.--
            (1) In general.--The Cuban Liberty and Democratic 
        Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is 
        amended--
                    (A) by striking sections 101 through 108;
                    (B) in section 109(a) (22 U.S.C. 6039(a)), by 
                striking ``(including section 102 of this Act)'';
                    (C) by striking sections 110 through 116; and
                    (D) by striking title II (22 U.S.C. 6061 et seq.).
            (2) Conforming amendment.--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.
    (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.) 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)''; and
            (3) by striking section 909 (22 U.S.C. 7208).
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