Freedom to Export to Cuba Act of 2017

Bill: 115-s-1286
Sponsor: full_name: Sen. Klobuchar, Amy [D-MN]
Introduced: 2017-05-25
Policy area: International Affairs
Subjects: Administrative law and regulatory procedures

Agricultural trade

Caribbean area

Criminal investigation, prosecution, interrogation

Cuba

Elections, voting, political campaign regulation

Foreign aid and international relief

Foreign loans and debt

Human rights

International organizations and cooperation

Latin America

Marine and inland water transportation

Multilateral development programs

News media and reporting

Presidents and presidential powers, Vice Presidents

Sanctions

Terrorism

Trade restrictions

Travel and tourism

U.S. and foreign investments

War and emergency powers
Latest action: action_date: 2017-05-25
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2017-05-25
action_desc: Introduced in Senate
text: <p><strong>Freedom to Export to Cuba Act of 2017</strong></p> <p>This bill amends: (1) the Foreign Assistance Act of 1961 to repeal the prohibition on assistance to Cuba and the President's authority for the embargo on Cuba, (2) the Trading with the Enemy Act to repeal the President's authority to continue direct restrictions on trade with Cuba, and (3) the Export Administration Act of 1979 to repeal the prohibitions on exports to Cuba.</p> <p> The bill authorizes the President to: (1) impose export controls with respect to Cuba, and (2) exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security. </p> <p>The Cuban Democracy Act of 1992 is amended to eliminate: </p> <ul> <li>presidential authority to impose sanctions against Cuban trading partners, </li> <li>restrictions on transactions between U.S.-owned or controlled firms and Cuba, </li> <li>limitations on direct shipping between Cuban and U.S. ports, and </li> <li>restrictions on remittances. </li> </ul> <p> The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is amended to eliminate provisions concerning: </p> <ul> <li>the enforcement of an economic embargo of Cuba; </li> <li>the prohibition on indirect financing of Cuba;</li> <li> opposition to Cuban membership in international financial institutions; </li> <li> opposition to ending Cuban suspension from the Organization of American States; </li> <li>certain import restrictions, including sugar restrictions; </li> <li> family remittance and travel to Cuba, news bureaus in Cuba, and extradition of persons sought by the Department of Justice for crimes committed in the United States; and </li> <li>assistance to a free and independent Cuba.</li> </ul> <p> The Trade Sanctions Reform and Export Enhancement Act of 2000 is amended to: </p> <ul> <li>remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions; and </li> <li>repeal the prohibition on the U.S. entry of merchandise that is of Cuban origin, that is or has been located in or transported from or through Cuba, or that is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba.</li> </ul>

tv_txt: II 115th CONGRESS 1st Session S. 1286 IN THE SENATE OF THE UNITED STATES May 25, 2017 Ms. Klobuchar (for herself, Mr. Enzi , Mr. Leahy , Mr. Flake , Mr. Durbin , Mrs. Gillibrand , Ms. Warren , Mr. Whitehouse , Mrs. Shaheen , Ms. Stabenow , Mr. Bennet , Mr. Murphy , Mr. Paul , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To lift the trade embargo on Cuba.

1. Short title This Act may be cited as the Freedom to Export to Cuba Act of 2017 . 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 ( 50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 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 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act 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 ).