II 118th CONGRESS 1st Session S. 538 IN THE SENATE OF THE UNITED STATES February 27, 2023 Mr. Rubio (for himself, Mr. Cruz , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit the removal of Cuba from the list of state sponsors of terrorism until Cuba satisfies certain conditions, and for other purposes.

1. Short titles This Act may be cited as the Fighting Oppression until the Reign of Castro Ends Act or the FORCE Act . 2. Statement of policy It shall be the policy of the United States— (1) to support the Cuban people’s desire to hold free and fair elections, which are supervised by respected international observers that respect the people of Cuba’s desire for freedom and democracy; (2) to encourage the international community to raise their voices in support of the Cuban people’s desire to live freely; and (3) to demand the release of all political prisoners in Cuba. 3. Prohibition on removal (a) In general Notwithstanding any other provision of law, neither the President nor the Secretary of State may remove Cuba from the list of state sponsors of terrorism until the President makes the determination described in section 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6065 ). (b) Defined term In this section, the term state sponsor of terrorism means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to— (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) ); (2) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (3) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (4) any other provision of law. 4. Report (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit a report to the Committee on Foreign Relations of the Senate , the Select Committee on Intelligence of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Permanent Select Committee on Intelligence of the House of Representatives that identifies all terrorists and fugitives who— (1) (A) have been convicted for a terrorism-related offense in a United States court; (B) fled the United States after being indicted for a terrorism-related offense, but before standing trial; or (C) are members of a foreign terrorist organization; and (2) are being provided safe haven in Cuba. (b) Form Each report submitted under this section shall be submitted in unclassified form, but may include a classified annex. 5. Prohibition of financial transactions benefitting the Cuban regime (a) In general No person subject to the jurisdiction of the United States may engage in a direct financial transaction, including electronic remittances, with any entity or subentity that the Secretary of State, in consultation with the Secretary of the Treasury, determines to be under the control of, or acting for or on behalf of, the Cuban military, intelligence, or security services or personnel with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba. (b) Sense of Congress regarding sanctions It is the sense of Congress that the Secretary of the Treasury should expand and tighten sanctions programs to ensure beneficial ownership disclosure and material support clauses to penalize tax havens for entities used by sanctioned countries, as was recently disclosed in the OpenLux investigation of the Cuban military’s use of destinations such as Liechtenstein, Luxembourg, and Hong Kong. 6. Implementation (a) Update and publication of entity list Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall— (1) in furtherance of the regulatory changes described in this section, identify the entities or subentities, as appropriate, that are under the control of, or act for or on behalf of, the Cuban military, intelligence, or security services or personnel, including GAESA, its affiliates, subsidiaries, and successors; (2) update a list of the entities and subentities identified pursuant to paragraph (1) with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba; and (3) make the list updated pursuant to paragraph (2) available to the public. (b) Limitation (1) Prohibited transactions Except as provided in subsection (a) and section 8, the regulatory changes described in this section shall prohibit direct financial transactions with any entity or subentity on the list updated pursuant to subsection (a)(2). (2) Allowed transactions The regulatory changes described in this section may not prohibit any transaction that the Secretary of the Treasury or the Secretary of Commerce, in coordination with the Secretary of State, determines is consistent with the policy of the United States, including transactions concerning— (A) Federal Government operations, including operations at the Naval Station at Guantanamo Bay and at the United States mission in Havana; (B) programs seeking to build democracy in Cuba; (C) air and sea operations that support permissible travel, cargo, or trade; (D) the acquisition of visas for permissible travel; (E) the expansion of direct telecommunications and internet access for the Cuban people; (F) the sale of agricultural commodities, medicines, and medical devices sold to Cuba in accordance with the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. ) and the Cuban Democracy Act of 2002 ( 22 U.S.C. 6001 et seq. ); (G) sending, processing, or receiving authorized remittances that do not wholly, or in any part, benefit any entity or subentity on the list updated pursuant to subsection (a)(2); (H) furthering the national security or foreign policy interests of the United States; or (I) any other activity that is required by law. (c) Protection of national interests Any activity conducted pursuant to subsection (a) or (b) shall be carried out in a manner that furthers the national interests of the United States, including by appropriately protecting sensitive sources, methods, and operations of the Federal Government. 7. Reporting requirements (a) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Homeland Security and Governmental Affairs of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Homeland Security of the House of Representatives . (b) Report on the involvement of Fidel Castro, Raúl Castro, and Miguel Díaz-Canel in public corruption and other illicit activities Not later than 60 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research of the Department of State, and in coordination with the Director of National Intelligence, shall submit a report to the appropriate congressional committees that describes— (1) significant acts of public corruption in Cuba that— (A) involve— (i) members of El Partido Comunista de Cuba; or (ii) senior officials of the Cuban regime, including members of La Asamblea Nacional del Poder Popular, GAESA, and the Ministerio del Interior; (B) pose challenges for United States national security and regional stability; (C) impede the realization of freedom of expression; or (D) infringe upon the fundamental freedoms of civil society and political opponents in Cuba; and (2) activities of the Maduro regime in Venezuela taking place in Cuba, including— (A) cooperation between Venezuela and Cuba’s military personnel, intelligence services, and security forces; (B) cooperation related to telecommunications and satellite navigation; (C) other political and economic cooperation with the Government of Cuba; and (D) the threats and risks that such activities pose to United States national interests and national security. (c) Notification of any engagement of the United States with Cuba The Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Commerce, and the Secretary of Homeland Security, shall notify the appropriate congressional committees of any engagement of the United States with Cuba not later than 14 days after such engagement to ensure that such engagement is advancing the interests of the United States. 8. Termination The limitation set forth in section 6(b)(1) shall terminate on the date that is 90 days after the date on which the President certifies to Congress that the Government of Cuba— (1) has taken the necessary steps to begin an electoral process that is transparent, free, and fair in accordance with sections 205 and 206 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( Public Law 104–114 ); and (2) has met the requirements for the termination of the economic embargo set forth in section 204 of such Act.