[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 403 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 403

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2003

  Mr. Baucus (for himself, Mrs. Lincoln, Mr. Conrad, and Mrs. Murray) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
       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 
2003''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the continuation of the embargo on trade between the 
        United States and Cuba that was declared in February of 1962 is 
        counterproductive, adding to the hardships of the Cuban people 
        while making the United States the scapegoat for the failures 
        of the communist system;
            (2) in the former Soviet Union, the Eastern bloc countries, 
        China, and Vietnam, the United States is using economic, 
        cultural, academic, and scientific engagement to support its 
        policy of promoting democratic and human rights reforms;
            (3) the United States can best support democratic change in 
        Cuba by promoting trade and commerce, travel, communications, 
        and cultural, academic, and scientific exchanges;
            (4) the Castro regime has a record of harboring fugitives 
        from United States justice and denying its people basic human 
        and civil rights;
            (5) expanding bilateral trade with the Cuban people is one 
        of the most effective ways of influencing change from within 
        Cuba's repressive society and promoting progress on human 
        rights and democratic rule;
            (6) since many United States trading partners, including 
        all other countries in the Western Hemisphere, trade with Cuba, 
        the affect of the United States policy is to disadvantage 
        United States farmers and businesses that could otherwise 
        compete in the Cuban market;
            (7) Cuba was one of the founding members of the General 
        Agreement on Tariffs and Trade in 1947 and is an original 
        member of the World Trade Organization; and
            (8) extending permanent normal trade relations to Cuba, as 
        the United States has done with nearly every other member of 
        the World Trade Organization, would enable the United States to 
        avail itself of all rights under the World Trade Organization 
        with respect to Cuba.

SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS 
              WITH CUBA.

    (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
    (b) Trading With the Enemy Act.--The authorities conferred upon the 
President by section 5(b) of the Trading With the Enemy Act (50 U.S.C. 
App. 5(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. Any regulations in effect on the 
day before such effective date pursuant to the exercise of such 
authorities shall cease to be effective on such 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 (50 U.S.C. 
        App. 2401 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 section 5, 6(j), 6(l), or 6(m) of the Export 
                Administration Act of 1979, 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 enactment 
                of this Act.
    (d) Cuban Democracy Act.--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) Section 498A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2295a) is amended--
                    (i) in subsection (a)(11) by striking ``and 
                intelligence facilities, including the military and 
                intelligence facilities at Lourdes and Cienfuegos,'' 
                and inserting ``facilities,'';
                    (ii) in subsection (b)--
                            (I) in paragraph (4) by adding ``and'' 
                        after the semicolon;
                            (II) by striking paragraph (5); and
                            (III) by redesignating paragraph (6) as 
                        paragraph (5); and
                    (iii) by striking subsection (d).
            (B) Section 498B(k) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and 
        (4).
            (C) Section 1611 of title 28, United States Code, is 
        amended by striking subsection (c).
            (D) Sections 514 and 515 of the International Claims 
        Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are 
        repealed.
    (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The 
Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of 
Public Law 106-387 (114 Stat. 1549A-67)) is amended--
            (1) in section 906(a)(1) by striking ``Cuba'';
            (2) in section 908--
                    (A) by striking subsection (b);
                    (B) in subsection (a)--
                            (i) by striking ``Prohibition'' and all 
                        that follows through ``(1) In general.--'' and 
                        inserting ``In General.--''
                            (ii) by striking ``for exports to Cuba 
                        or'';
                            (iii) by striking paragraph (2); and
                            (iv) by redesignating paragraph (3) as 
                        subsection (b) (and conforming the margin 
                        accordingly); and
                    (C) in subsection (b) (as redesignated), by 
                striking ``paragraph (1)'' and inserting ``subsection 
                (a)'';
            (3) by striking section 909;
            (4) by striking section 910; and
            (5) by redesignating section 911 as section 909.
    (g) 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 
(Public Law 105-277; 112 Stat. 2681-88) is repealed.
    (h) Termination of Denial of Foreign Tax Credit With Respect to 
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue 
Code of 1986 (relating to denial of foreign tax credit, etc., with 
respect to certain foreign countries) is amended by adding at the end 
thereof the following new flush sentence:
                ``Notwithstanding the preceding sentence, this 
                subsection (other than paragraph (2)(A)(iv)) shall not 
                apply to Cuba after the date that is 60 days after the 
                date of the enactment of this sentence.''.
    (i) Sugar Quota Prohibition Under Food Security Act of 1985.--
Subsection (c) of section 902 of the Food Security Act of 1985 (7 
U.S.C. 1446g note) is repealed.

SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.

    Any common carrier within the meaning of 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. 5. 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 such travel would be lawful in the United States.
    (b) Transactions Incident to Travel.--Any transactions ordinarily 
incident to travel which may not be regulated or prohibited under 
subsection (a) include, but are not limited to--
            (1) transactions ordinarily incident to travel or 
        maintenance in Cuba; and
            (2) normal banking transactions involving foreign currency 
        drafts, traveler's checks, or other negotiable instruments 
        incident to such travel.

SEC. 6. DIRECT MAIL DELIVERY TO CUBA.

    The United States Postal Service shall take such actions as are 
necessary to provide direct mail service to and from Cuba, including, 
in the absence of common carrier service between the 2 countries, the 
use of charter providers.

SEC. 7. NEGOTIATIONS WITH CUBA.

    (a) Negotiations.--The President should take all necessary steps to 
conduct 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.--As used 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. 8. 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 term ``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.--General note 
        3(b) 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 
        (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. 2101 et seq.) 
                shall cease to apply to Cuba.
            (4) Effective date.--This section, and the amendments and 
        repeal 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 the 
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. 9. 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 enactment of this Act that so limit the amount 
of those remittances.
    (b) Statutory 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. 10. EFFECTIVE DATE.

    Except as provided in section 8, this Act shall take effect 60 days 
after the date of the enactment of this Act.
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